State of Illinois
92nd General Assembly
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92_HB5926

 
                                               LRB9215921RCsb

 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 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
 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 peculiar to and  marketed
22    for  use  in  planting,  propagating,  cultivating,  growing,
23    harvesting,     manufacturing,    compounding,    converting,
24    producing,   processing,   preparing,   testing,   analyzing,
25    packaging,  repackaging,  storing,  containing,   concealing,
26    injecting,  ingesting, inhaling or otherwise introducing into
27    the  human  body  cannabis  or  a  controlled  substance   in
28    violation  of  the  "Cannabis  Control  Act" or the "Illinois
29    Controlled Substances Act".  It includes, but is not  limited
30    to:
31        (1)  Kits   peculiar   to   and   marketed   for  use  in
 
                            -2-                LRB9215921RCsb
 1    manufacturing, compounding, converting, producing, processing
 2    or preparing cannabis or a controlled substance;
 3        (2)  Isomerization devices peculiar to and  marketed  for
 4    use  in  increasing the potency of any species of plant which
 5    is cannabis or a controlled substance;
 6        (3)  Testing  equipment  peculiar  to  and  marketed  for
 7    private home use in identifying or in analyzing the strength,
 8    effectiveness or purity of cannabis or controlled substances;
 9        (4)  Diluents and adulterants peculiar  to  and  marketed
10    for  cutting  cannabis  or  a controlled substance by private
11    persons;
12        (5)  Objects  peculiar  to  and  marketed   for  use   in
13    ingesting,   inhaling,  or  otherwise  introducing  cannabis,
14    cocaine,  hashish,  or  hashish  oil  into  the  human   body
15    including, where applicable, the following items:
16        (A)  water pipes;
17        (B)  carburetion tubes and devices;
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 by
27    the seller, is for use in violation of this Act.
28    (Source: P.A. 82-1032.)

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