093_SB0642enr

 
SB642 Enrolled                       LRB093 03289 RLC 03306 b

 1        AN ACT in relation to criminal law.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section   5.   The  Drug  Paraphernalia  Control  Act  is
 5    amended by changing Sections 2, 4, and 6 as follows:

 6        (720 ILCS 600/2) (from Ch. 56 1/2, par. 2102)
 7        Sec.  2.   As  used  in  this  Act,  unless  the  context
 8    otherwise requires:
 9        (a)  The  term "cannabis" shall have the meaning ascribed
10    to it in Section 3 of the "Cannabis Control Act", as if  that
11    definition were incorporated herein.
12        (b)  The  term  "controlled  substance"  shall  have  the
13    meaning  ascribed  to  it  in  Section  102  of the "Illinois
14    Controlled  Substances  Act",  as  if  that  definition  were
15    incorporated herein.
16        (c)  "Deliver"   or   "delivery"   means   the    actual,
17    constructive  or  attempted  transfer  of possession, with or
18    without consideration, whether or  not  there  is  an  agency
19    relationship.
20        (d)  "Drug  paraphernalia"  means all equipment, products
21    and materials of any kind  which  are  intended  to  be  used
22    unlawfully  peculiar  to  and  marketed  for use in planting,
23    propagating, cultivating, growing, harvesting, manufacturing,
24    compounding, converting,  producing,  processing,  preparing,
25    testing,    analyzing,   packaging,   repackaging,   storing,
26    containing, concealing,  injecting,  ingesting,  inhaling  or
27    otherwise  introducing  into  the  human  body  cannabis or a
28    controlled substance in violation of  the  "Cannabis  Control
29    Act"   or  the  "Illinois  Controlled  Substances  Act".   It
30    includes, but is not limited to:
31        (1)  Kits intended to be used unlawfully peculiar to  and
 
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 1    marketed  for  use in manufacturing, compounding, converting,
 2    producing, processing or preparing cannabis or  a  controlled
 3    substance;
 4        (2)  Isomerization devices intended to be used unlawfully
 5    peculiar  to  and marketed for use in increasing  the potency
 6    of any species of plant which is  cannabis  or  a  controlled
 7    substance;
 8        (3)  Testing  equipment intended to be used unlawfully in
 9    a peculiar to and  marketed  for  private  home  for  use  in
10    identifying  or  in  analyzing the strength, effectiveness or
11    purity of cannabis or controlled substances;
12        (4)  Diluents  and  adulterants  intended  to   be   used
13    unlawfully peculiar to and marketed for cutting cannabis or a
14    controlled substance by private persons;
15        (5)  Objects  intended  to be used unlawfully peculiar to
16    and marketed  for use in ingesting,  inhaling,  or  otherwise
17    introducing  cannabis,  cocaine, hashish, or hashish oil into
18    the human body including,  where  applicable,  the  following
19    items:
20        (A)  water pipes;
21        (B)  carburetion tubes and devices;
22        (C)  smoking and carburetion masks;
23        (D)  miniature cocaine spoons and cocaine vials;
24        (E)  carburetor pipes;
25        (F)  electric pipes;
26        (G)  air-driven pipes;
27        (H)  chillums;
28        (I)  bongs;
29        (J)  ice pipes or chillers;
30        (6)  Any item whose purpose, as announced or described by
31    the seller, is for use in violation of this Act.
32    (Source: P.A. 82-1032.)

33        (720 ILCS 600/4) (from Ch. 56 1/2, par. 2104)
 
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 1        Sec. 4.  Exemptions.  This Act does shall not apply to:
 2        (a)  Items  used  marketed  for  use  in the preparation,
 3    compounding, packaging, labeling, or other use of cannabis or
 4    a controlled substance as an  incident  to  lawful  research,
 5    teaching, or chemical analysis and not for sale.
 6        (b)  Items  marketed for, or historically and customarily
 7    used  in  connection   with,   the   planting,   propagating,
 8    cultivating, growing, harvesting, manufacturing, compounding,
 9    converting,   producing,   processing,   preparing,  testing,
10    analyzing,  packaging,  repackaging,   storing,   containing,
11    concealing,  injecting,  ingesting, or inhaling of tobacco or
12    any other lawful substance.
13        Items exempt under this subsection include, but  are  not
14    limited  to,  garden  hoes,  rakes, sickles, baggies, tobacco
15    pipes, and cigarette-rolling papers.
16        (c)  Items listed in Section 2 of this Act which are used
17    marketed for decorative purposes, when such items  have  been
18    rendered completely inoperable or incapable of being used for
19    any illicit purpose prohibited by this Act.
20        In determining whether or not a particular item is exempt
21    under  this subsection, the trier of fact should consider, in
22    addition  to  all  other  logically  relevant  factors,   the
23    following:
24             (1)  the  general,  usual, customary, and historical
25        use to which the item involved has been put;
26             (2)  expert  evidence  concerning  the  ordinary  or
27        customary  use  of  the  item  and  the  effect  of   any
28        peculiarity  in  the  design or engineering of the device
29        upon its functioning;
30             (3)  any  written  instructions   accompanying   the
31        delivery  of  the item concerning the purposes or uses to
32        which the item can or may be put;
33             (4)  any oral instructions provided by the seller of
34        the item at the time and  place  of  sale  or  commercial
 
SB642 Enrolled              -4-      LRB093 03289 RLC 03306 b
 1        delivery;
 2             (5)  any  national  or  local advertising concerning
 3        the design, purpose or use of the item involved, and  the
 4        entire context in which such advertising occurs;
 5             (6)  the  manner,  place  and circumstances in which
 6        the item was displayed for sale, as well as any  item  or
 7        items  displayed for sale or otherwise exhibited upon the
 8        premises where the sale was made;
 9             (7)  whether the owner or anyone in control  of  the
10        object  is a legitimate supplier of like or related items
11        to the community,  such  as  a  licensed  distributor  or
12        dealer of tobacco products;
13             (8)  the  existence and scope of legitimate uses for
14        the object in the community.
15    (Source: P.A. 91-357, eff. 7-29-99.)

16        (720 ILCS 600/6) (from Ch. 56 1/2, par. 2106)
17        Sec. 6.  This Act is intended to be used solely  for  the
18    suppression  of  the  commercial traffic in and possession of
19    items that, within the context of the sale  or  offering  for
20    sale,  or  possession,  are  clearly  and beyond a reasonable
21    doubt intended marketed for the illegal and unlawful  use  of
22    cannabis   or   controlled  substances.    To  this  end  all
23    reasonable and common-sense  inferences  shall  be  drawn  in
24    favor of the legitimacy of any transaction or item.
25    (Source: P.A. 88-677, eff. 12-15-94.)

26        Section  99.  Effective date.  This Act takes effect upon
27    becoming law.