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Public Act 91-0734
HB4369 Enrolled LRB9111454DJcd
AN ACT to amend the Tobacco Accessories and Smoking Herbs
Control Act by changing Sections 3, 4, and 5.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Tobacco Accessories and Smoking Herbs
Control Act is amended by changing Sections 3, 4, and 5 as
follows:
(720 ILCS 685/3) (from Ch. 23, par. 2358-3)
Sec. 3. Definitions. The following definitions shall
apply to this Act:
(a) "Tobacco accessories" shall mean cigarette papers,
pipes, holders of smoking materials of all types, cigarette
rolling machines, and other items, designed primarily for the
smoking or ingestion of tobacco products or of substances
made illegal under any statute or of substances whose sale,
gift, barter, or exchange is made unlawful under this Act.
(b) "Smoking herbs" shall mean all substances of plant
origin and their derivatives, including but not limited to
broom, calea, California poppy, damiana, hops, ginseng,
lobelia, jimson weed and other members of the Datura genus,
passion flower and wild lettuce, which are processed or sold
primarily for use as smoking materials.
(c) "Bidi cigarette" means a product that contains
tobacco that is wrapped in temburni or tendu leaf or that is
wrapped in any other material identified by rules of the
Department of Public Health that is similar in appearance or
characteristics to the temburni or tendu leaf.
(Source: P.A. 82-487.)
(720 ILCS 685/4) (from Ch. 23, par. 2358-4)
Sec. 4. Offenses.
(a) Sale to minors. No person shall knowingly sell,
barter, exchange, deliver or give away or cause or permit or
procure to be sold, bartered, exchanged, delivered, or given
away tobacco accessories or smoking herbs to any person under
18 years of age.
(a-5) Sale of bidi cigarettes. No person shall knowingly
sell, barter, exchange, deliver, or give away a bidi
cigarette to another person, nor shall a person cause or
permit or procure a bidi cigarette to be sold, bartered,
exchanged, delivered, or given away to another person.
(b) Sale of cigarette paper. No person shall knowingly
offer, sell, barter, exchange, deliver or give away cigarette
paper or cause, permit, or procure cigarette paper to be
sold, offered, bartered, exchanged, delivered, or given away
except from premises or an establishment where other tobacco
products are sold. For purposes of this Section, "tobacco
products" means cigarettes, cigars, smokeless tobacco, or
tobacco in any of its forms.
(c) Sale of cigarette paper from vending machines. No
person shall knowingly offer, sell, barter, exchange, deliver
or give away cigarette paper or cause, permit, or procure
cigarette paper to be sold, offered, bartered, exchanged,
delivered, or given away by use of a vending or coin-operated
machine or device. For purposes of this Section, "cigarette
paper" shall not include any paper that is incorporated into
a product to which a tax stamp must be affixed under the
Cigarette Tax Act or the Cigarette Use Tax Act.
(d) Use of identification cards. No person in the
furtherance or facilitation of obtaining smoking accessories
and smoking herbs shall display or use a false or forged
identification card or transfer, alter, or deface an
identification card.
(e) Warning to minors. Any person, firm, partnership,
company or corporation operating a place of business where
tobacco accessories and smoking herbs are sold or offered for
sale shall post in a conspicuous place upon the premises a
sign upon which there shall be imprinted the following
statement, "SALE OF TOBACCO ACCESSORIES AND SMOKING HERBS TO
PERSONS UNDER EIGHTEEN YEARS OF AGE OR THE MISREPRESENTATION
OF AGE TO PROCURE SUCH A SALE IS PROHIBITED BY LAW". The
sign shall be printed on a white card in red letters at least
one-half inch in height.
(Source: P.A. 87-153.)
(720 ILCS 685/5) (from Ch. 23, par. 2358-5)
Sec. 5. Penalty.
(a) Any person who shall knowingly violate, or shall
knowingly cause the violation of any provision of this Act
other than subsection (a-5) of Section 4 shall be guilty of a
Class C misdemeanor.
(b) Any person who knowingly violates or knowingly causes
the violation of subsection (a-5) of Section 4 is guilty of a
petty offense for which the offender may be fined an amount
as follows:
(1) For a first offense, not less than $100 and not
more than $500.
(2) For a second offense within a 2-year period, not
less than $250 and not more than $500.
(3) For a third or subsequent offense within a
2-year period, not less than $500 and not more than
$1,000.
(Source: P.A. 82-487.)
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