093_SB0945ham002











                                     LRB093 02911 RLC 17064 a

 1                    AMENDMENT TO SENATE BILL 945

 2        AMENDMENT NO.     .  Amend Senate Bill 945,  AS  AMENDED,
 3    by replacing the title with the following:

 4        "AN ACT in relation to criminal law."; and

 5    by  replacing  everything  after the enacting clause with the
 6    following:

 7        "Section  5.   The  Drug  Paraphernalia  Control  Act  is
 8    amended by changing Sections 2 and 4 as follows:

 9        (720 ILCS 600/2) (from Ch. 56 1/2, par. 2102)
10        Sec.  2.   As  used  in  this  Act,  unless  the  context
11    otherwise requires:
12        (a)  The  term "cannabis" shall have the meaning ascribed
13    to it in Section 3 of the "Cannabis Control Act", as if  that
14    definition were incorporated herein.
15        (b)  The  term  "controlled  substance"  shall  have  the
16    meaning  ascribed  to  it  in  Section  102  of the "Illinois
17    Controlled  Substances  Act",  as  if  that  definition  were
18    incorporated herein.
19        (c)  "Deliver"   or   "delivery"   means   the    actual,
20    constructive  or  attempted  transfer  of possession, with or
21    without consideration, whether or  not  there  is  an  agency
 
                            -2-      LRB093 02911 RLC 17064 a
 1    relationship.
 2        (d)  "Drug  paraphernalia"  means all equipment, products
 3    and materials of any kind, home made or  manufactured,  which
 4    are  associated  with  peculiar to or and marketed for use in
 5    planting,  propagating,  cultivating,  growing,   harvesting,
 6    manufacturing,     compounding,     converting,    producing,
 7    processing,   preparing,   testing,   analyzing,   packaging,
 8    repackaging,  storing,  containing,  concealing,   injecting,
 9    ingesting,  inhaling  or otherwise introducing into the human
10    body cannabis or a controlled substance in violation  of  the
11    "Cannabis Control Act" or the "Illinois Controlled Substances
12    Act".  It includes, but is not limited to:
13        (1)  Kits,  home  made  or  manufactured, associated with
14    peculiar  to  or  and  marketed  for  use  in  manufacturing,
15    compounding, converting, producing, processing  or  preparing
16    cannabis or a controlled substance;
17        (2)  Isomerization  devices,  home  made or manufactured,
18    associated with peculiar  to  or  and  marketed  for  use  in
19    increasing    the  potency  of  any species of plant which is
20    cannabis or a controlled substance;
21        (3)  Testing  equipment,  home  made   or   manufactured,
22    associated  with peculiar to or and marketed for private home
23    use  in   identifying   or   in   analyzing   the   strength,
24    effectiveness or purity of cannabis or controlled substances;
25        (4)  Diluents and adulterants, home made or manufactured,
26    associated  with  peculiar  to  or  and  marketed for cutting
27    cannabis or a controlled substance by private persons;
28        (5)  Objects, home made or manufactured, associated  with
29    peculiar  to or and marketed  for use in ingesting, inhaling,
30    or otherwise introducing cannabis or a controlled  substance,
31    cocaine,   hashish,  or  hashish  oil  into  the  human  body
32    including, where applicable, the following items:
33        (A)  water pipes;
34        (B)  carburetion tubes and devices;
 
                            -3-      LRB093 02911 RLC 17064 a
 1        (C)  smoking and carburetion masks;
 2        (D)  miniature cocaine spoons and cocaine vials;
 3        (E)  carburetor pipes;
 4        (F)  electric pipes;
 5        (G)  air-driven pipes;
 6        (H)  chillums;
 7        (I)  bongs;
 8        (J)  ice pipes or chillers;
 9        (6)  Any item whose purpose, as announced or described by
10    the seller, is for use in violation of this Act;
11        (7)  Objects, home made or manufactured, which  may  have
12    uses,  other  than as drug paraphernalia as described in this
13    subsection (d), but are intended by the manufacturer,  maker,
14    or  user of those objects to be used as drug paraphernalia or
15    which a reasonable person would believe would be used as drug
16    paraphernalia.
17    (Source: P.A. 82-1032.)

18        (720 ILCS 600/4) (from Ch. 56 1/2, par. 2104)
19        Sec. 4.  Exemptions.  This Act shall not apply to:
20        (a)  Items  marketed  for   use   in   the   preparation,
21    compounding, packaging, labeling, or other use of cannabis or
22    a  controlled  substance  as  an incident to lawful research,
23    teaching, or chemical analysis and not for sale.
24        (b)  Items marketed for, or historically and  customarily
25    used   in   connection   with,   the  planting,  propagating,
26    cultivating, growing, harvesting, manufacturing, compounding,
27    converting,  producing,   processing,   preparing,   testing,
28    analyzing,   packaging,   repackaging,  storing,  containing,
29    concealing, injecting, ingesting, or inhaling of  tobacco  or
30    any other lawful substance.
31        Items  exempt  under this subsection include, but are not
32    limited to, garden hoes,  rakes,  sickles,  baggies,  tobacco
33    pipes, and cigarette-rolling papers.
 
                            -4-      LRB093 02911 RLC 17064 a
 1        (c)  Items  listed  in  Section  2  of this Act which are
 2    marketed for decorative purposes, when such items  have  been
 3    rendered completely inoperable or incapable of being used for
 4    any illicit purpose prohibited by this Act.
 5        In determining whether or not a particular item is exempt
 6    under  this subsection, the trier of fact should consider, in
 7    addition  to  all  other  logically  relevant  factors,   the
 8    following:
 9             (1)  the  general,  usual, customary, and historical
10        use to which the item involved has been put;
11             (2)  expert  evidence  concerning  the  ordinary  or
12        customary  use  of  the  item  and  the  effect  of   any
13        peculiarity  in  the  design or engineering of the device
14        upon its functioning;
15             (3)  any  written  instructions   accompanying   the
16        delivery  of  the item concerning the purposes or uses to
17        which the item can or may be put;
18             (4)  any oral instructions provided by the seller of
19        the item at the time and  place  of  sale  or  commercial
20        delivery;
21             (5)  any  national  or  local advertising concerning
22        the design, purpose or use of the item involved, and  the
23        entire context in which such advertising occurs;
24             (6)  the  manner,  place  and circumstances in which
25        the item was displayed for sale, as well as any  item  or
26        items  displayed for sale or otherwise exhibited upon the
27        premises where the sale was made;
28             (7)  whether the owner or anyone in control  of  the
29        object  is a legitimate supplier of like or related items
30        to the community,  such  as  a  licensed  distributor  or
31        dealer of tobacco products;
32             (8)  the  existence and scope of legitimate uses for
33        the object in the community.
34        (d) Objects used for ingesting,  inhaling,  or  otherwise
 
                            -5-      LRB093 02911 RLC 17064 a
 1    introducing  into the body cannabis or a controlled substance
 2    or objects, home made or manufactured, that  may  have  uses,
 3    other  than  as  drug  paraphernalia, but are intended by the
 4    manufacturer, maker, or user of those objects to be  used  as
 5    drug paraphernalia or which a reasonable person would believe
 6    would be used as drug paraphernalia are not exempt under this
 7    Act.
 8    (Source: P.A. 91-357, eff. 7-29-99.)

 9        Section  99.  Effective date.  This Act takes effect upon
10    becoming law.".