093_HB2328

 
                                     LRB093 09125 RLC 09357 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 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, home made or  manufactured,  which
22    are  peculiar  to  or  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,  home made or manufactured, peculiar to or and
 
                            -2-      LRB093 09125 RLC 09357 b
 1    marketed for use in manufacturing,  compounding,  converting,
 2    producing,  processing  or preparing cannabis or a controlled
 3    substance;
 4        (2)  Isomerization devices, home  made  or  manufactured,
 5    peculiar  to  or  and  marketed  for  use  in increasing  the
 6    potency of any species  of  plant  which  is  cannabis  or  a
 7    controlled substance;
 8        (3)  Testing   equipment,   home  made  or  manufactured,
 9    peculiar  to  or  and  marketed  for  private  home  use   in
10    identifying  or  in  analyzing the strength, effectiveness or
11    purity of cannabis or controlled substances;
12        (4)  Diluents and adulterants, home made or manufactured,
13    peculiar to  or  and  marketed  for  cutting  cannabis  or  a
14    controlled substance by private persons;
15        (5)  Objects,  home  made or manufactured, peculiar to or
16    and marketed  for use in ingesting,  inhaling,  or  otherwise
17    introducing  cannabis  or  a  controlled substance , cocaine,
18    hashish, or hashish oil into the human body including,  where
19    applicable, the following 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.)