Judiciary II - Criminal Law Committee

Adopted in House Comm. on Mar 11, 2010





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2     AMENDMENT NO. ______. Amend House Bill 6234 by replacing
3 everything after the enacting clause with the following:
4     "Section 5. The Drug Paraphernalia Control Act is amended
5 by changing Section 2 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 otherwise
8 requires:
9     (a) The term "cannabis" shall have the meaning ascribed to
10 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 meaning
13 ascribed to it in Section 102 of the Illinois Controlled
14 Substances Act, as if that definition were incorporated herein.
15     (c) "Deliver" or "delivery" means the actual, constructive
16 or attempted transfer of possession, with or without



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1 consideration, whether or not there is an agency relationship.
2     (d) "Drug paraphernalia" means all equipment, products and
3 materials of any kind, other than methamphetamine
4 manufacturing materials as defined in Section 10 of the
5 Methamphetamine Control and Community Protection Act, which
6 are intended to be used unlawfully in planting, propagating,
7 cultivating, growing, harvesting, manufacturing, compounding,
8 converting, producing, processing, preparing, testing,
9 analyzing, packaging, repackaging, storing, containing,
10 concealing, injecting, ingesting, inhaling or otherwise
11 introducing into the human body cannabis or a controlled
12 substance in violation of the Cannabis Control Act, the
13 Illinois Controlled Substances Act, or the Methamphetamine
14 Control and Community Protection Act. It includes, but is not
15 limited to:
16         (1) kits intended to be used unlawfully in
17     manufacturing, compounding, converting, producing,
18     processing or preparing cannabis or a controlled
19     substance;
20         (2) isomerization devices intended to be used
21     unlawfully in increasing the potency of any species of
22     plant which is cannabis or a controlled substance;
23         (3) testing equipment intended to be used unlawfully in
24     a private home for identifying or in analyzing the
25     strength, effectiveness or purity of cannabis or
26     controlled substances;



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1         (4) diluents and adulterants intended to be used
2     unlawfully for cutting cannabis or a controlled substance
3     by private persons;
4         (5) objects intended to be used unlawfully in
5     ingesting, inhaling, or otherwise introducing cannabis,
6     cocaine, hashish, or hashish oil into the human body
7     including, where applicable, the following items:
8             (A) water pipes;
9             (B) carburetion tubes and devices;
10             (B-1) individual tobacco wrappers, known as wraps,
11         blunt wraps, or roll your own cigar wraps, whether in
12         the form of a sheet or tube, that consists in whole or
13         in part of reconstituted tobacco leaf or flavored
14         tobacco leaf; however, the term "wrap", "blunt wrap",
15         or "roll your own cigar wrap", as used in this Section,
16         does not include a tobacco leaf wrap that is used in
17         the manufacturing of a cigar intended for retail sale;
18             (C) smoking and carburetion masks;
19             (D) miniature cocaine spoons and cocaine vials;
20             (E) carburetor pipes;
21             (F) electric pipes;
22             (G) air-driven pipes;
23             (H) chillums;
24             (I) bongs;
25             (J) ice pipes or chillers;
26         (6) any item whose purpose, as announced or described



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1     by the seller, is for use in violation of this Act.
2 (Source: P.A. 93-526, eff. 8-12-03; 94-556, eff. 9-11-05.)
3     Section 99. Effective date. This Act takes effect upon
4 becoming law.".