Public Act 93-0526
SB642 Enrolled LRB093 03289 RLC 03306 b
AN ACT in relation to criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Drug Paraphernalia Control Act is
amended by changing Sections 2, 4, and 6 as follows:
(720 ILCS 600/2) (from Ch. 56 1/2, par. 2102)
Sec. 2. As used in this Act, unless the context
otherwise requires:
(a) The term "cannabis" shall have the meaning ascribed
to it in Section 3 of the "Cannabis Control Act", as if that
definition were incorporated herein.
(b) The term "controlled substance" shall have the
meaning ascribed to it in Section 102 of the "Illinois
Controlled Substances Act", as if that definition were
incorporated herein.
(c) "Deliver" or "delivery" means the actual,
constructive or attempted transfer of possession, with or
without consideration, whether or not there is an agency
relationship.
(d) "Drug paraphernalia" means all equipment, products
and materials of any kind which are intended to be used
unlawfully peculiar to and marketed for use in planting,
propagating, cultivating, growing, harvesting, manufacturing,
compounding, converting, producing, processing, preparing,
testing, analyzing, packaging, repackaging, storing,
containing, concealing, injecting, ingesting, inhaling or
otherwise introducing into the human body cannabis or a
controlled substance in violation of the "Cannabis Control
Act" or the "Illinois Controlled Substances Act". It
includes, but is not limited to:
(1) Kits intended to be used unlawfully peculiar to and
marketed for use in manufacturing, compounding, converting,
producing, processing or preparing cannabis or a controlled
substance;
(2) Isomerization devices intended to be used unlawfully
peculiar to and marketed for use in increasing the potency
of any species of plant which is cannabis or a controlled
substance;
(3) Testing equipment intended to be used unlawfully in
a peculiar to and marketed for private home for use in
identifying or in analyzing the strength, effectiveness or
purity of cannabis or controlled substances;
(4) Diluents and adulterants intended to be used
unlawfully peculiar to and marketed for cutting cannabis or a
controlled substance by private persons;
(5) Objects intended to be used unlawfully peculiar to
and marketed for use in ingesting, inhaling, or otherwise
introducing cannabis, cocaine, hashish, or hashish oil into
the human body including, where applicable, the following
items:
(A) water pipes;
(B) carburetion tubes and devices;
(C) smoking and carburetion masks;
(D) miniature cocaine spoons and cocaine vials;
(E) carburetor pipes;
(F) electric pipes;
(G) air-driven pipes;
(H) chillums;
(I) bongs;
(J) ice pipes or chillers;
(6) Any item whose purpose, as announced or described by
the seller, is for use in violation of this Act.
(Source: P.A. 82-1032.)
(720 ILCS 600/4) (from Ch. 56 1/2, par. 2104)
Sec. 4. Exemptions. This Act does shall not apply to:
(a) Items used marketed for use in the preparation,
compounding, packaging, labeling, or other use of cannabis or
a controlled substance as an incident to lawful research,
teaching, or chemical analysis and not for sale.
(b) Items marketed for, or historically and customarily
used in connection with, the planting, propagating,
cultivating, growing, harvesting, manufacturing, compounding,
converting, producing, processing, preparing, testing,
analyzing, packaging, repackaging, storing, containing,
concealing, injecting, ingesting, or inhaling of tobacco or
any other lawful substance.
Items exempt under this subsection include, but are not
limited to, garden hoes, rakes, sickles, baggies, tobacco
pipes, and cigarette-rolling papers.
(c) Items listed in Section 2 of this Act which are used
marketed for decorative purposes, when such items have been
rendered completely inoperable or incapable of being used for
any illicit purpose prohibited by this Act.
In determining whether or not a particular item is exempt
under this subsection, the trier of fact should consider, in
addition to all other logically relevant factors, the
following:
(1) the general, usual, customary, and historical
use to which the item involved has been put;
(2) expert evidence concerning the ordinary or
customary use of the item and the effect of any
peculiarity in the design or engineering of the device
upon its functioning;
(3) any written instructions accompanying the
delivery of the item concerning the purposes or uses to
which the item can or may be put;
(4) any oral instructions provided by the seller of
the item at the time and place of sale or commercial
delivery;
(5) any national or local advertising concerning
the design, purpose or use of the item involved, and the
entire context in which such advertising occurs;
(6) the manner, place and circumstances in which
the item was displayed for sale, as well as any item or
items displayed for sale or otherwise exhibited upon the
premises where the sale was made;
(7) whether the owner or anyone in control of the
object is a legitimate supplier of like or related items
to the community, such as a licensed distributor or
dealer of tobacco products;
(8) the existence and scope of legitimate uses for
the object in the community.
(Source: P.A. 91-357, eff. 7-29-99.)
(720 ILCS 600/6) (from Ch. 56 1/2, par. 2106)
Sec. 6. This Act is intended to be used solely for the
suppression of the commercial traffic in and possession of
items that, within the context of the sale or offering for
sale, or possession, are clearly and beyond a reasonable
doubt intended marketed for the illegal and unlawful use of
cannabis or controlled substances. To this end all
reasonable and common-sense inferences shall be drawn in
favor of the legitimacy of any transaction or item.
(Source: P.A. 88-677, eff. 12-15-94.)
Section 99. Effective date. This Act takes effect upon
becoming law.