Illinois General Assembly - Full Text of HB3265
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Full Text of HB3265  97th General Assembly




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1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Drug Paraphernalia Control Act is amended by
5changing Sections 2 and 4 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
9    (a) The term "cannabis" shall have the meaning ascribed to
10it in Section 3 of the Cannabis Control Act, as if that
11definition were incorporated herein.
12    (b) The term "controlled substance" shall have the meaning
13ascribed to it in Section 102 of the Illinois Controlled
14Substances Act, as if that definition were incorporated herein.
15    (c) "Deliver" or "delivery" means the actual, constructive
16or attempted transfer of possession, with or without
17consideration, whether or not there is an agency relationship.
18    (d) "Drug paraphernalia" means all equipment, products and
19materials of any kind, other than methamphetamine
20manufacturing materials as defined in Section 10 of the
21Methamphetamine Control and Community Protection Act, which
22are intended to be used unlawfully in planting, propagating,
23cultivating, growing, harvesting, manufacturing, compounding,



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1converting, producing, processing, preparing, testing,
2analyzing, packaging, repackaging, storing, containing,
3concealing, injecting, ingesting, inhaling or otherwise
4introducing into the human body cannabis or a controlled
5substance in violation of the Cannabis Control Act, the
6Illinois Controlled Substances Act, or the Methamphetamine
7Control and Community Protection Act. It includes, but is not
8limited to:
9        (1) kits intended to be used unlawfully in
10    manufacturing, compounding, converting, producing,
11    processing or preparing cannabis or a controlled
12    substance;
13        (2) isomerization devices intended to be used
14    unlawfully in increasing the potency of any species of
15    plant which is cannabis or a controlled substance;
16        (3) testing equipment intended to be used unlawfully in
17    a private home for identifying or in analyzing the
18    strength, effectiveness or purity of cannabis or
19    controlled substances;
20        (4) diluents and adulterants intended to be used
21    unlawfully for cutting cannabis or a controlled substance
22    by private persons;
23        (5) objects intended to be used unlawfully in
24    ingesting, inhaling, or otherwise introducing cannabis,
25    cocaine, hashish, or hashish oil into the human body
26    including, where applicable, the following items:



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1            (A) water pipes;
2            (B) carburetion tubes and devices;
3            (C) smoking and carburetion masks;
4            (D) miniature cocaine spoons and cocaine vials;
5            (E) carburetor pipes;
6            (F) electric pipes;
7            (G) air-driven pipes;
8            (H) chillums;
9            (I) bongs;
10            (J) ice pipes or chillers;
11        (5.5) products marketed and sold for a lawful purpose,
12    which are intended to be used lawfully, but which may be
13    misused for the unlawful purpose of ingesting, inhaling, or
14    otherwise introducing cannabis, cocaine, hashish, or
15    hashish oil into the human body including, where
16    applicable, the following items:
17            (A) individual cigar wrappers, known as wraps,
18        blunt wraps, or roll your own cigar wraps, whether in
19        the form of a sheet, tube or cone, that consist in
20        whole or in part of reconstituted tobacco leaf or
21        flavored tobacco leaf;
22            (B) cored, hollowed out, or split cigars, but not
23        including an intact cigar still in its original
24        manufacturer packaging;
25            (C) cigarette-rolling papers, also known as
26        cigarette papers or as roll your own cigarette papers,



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1        including but not by way of limitation wired cigarette
2        papers; and
3            (D) tobacco pipes; and
4        (6) any item whose purpose, as announced or described
5    by the seller, is for use in violation of this Act.
6(Source: P.A. 93-526, eff. 8-12-03; 94-556, eff. 9-11-05.)
7    (720 ILCS 600/4)  (from Ch. 56 1/2, par. 2104)
8    Sec. 4. Exemptions. This Act does not apply to:
9        (a) Items used in the preparation, compounding,
10    packaging, labeling, or other use of cannabis or a
11    controlled substance as an incident to lawful research,
12    teaching, or chemical analysis and not for sale.
13        (b) Items historically and customarily used in
14    connection with the planting, propagating, cultivating,
15    growing, harvesting, manufacturing, compounding,
16    converting, producing, processing, preparing, testing,
17    analyzing, packaging, repackaging, storing, containing,
18    concealing, injecting, ingesting, or inhaling of tobacco
19    or any other lawful substance.
20        Items exempt under this subsection include, but are not
21    limited to, garden hoes, rakes, sickles, and baggies,
22    tobacco pipes, and cigarette-rolling papers.
23        (c) Items listed in Section 2 of this Act which are
24    used for decorative purposes, when such items have been
25    rendered completely inoperable or incapable of being used



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1    for any illicit purpose prohibited by this Act.
2        (d) A person who is legally authorized to possess
3    hypodermic syringes or needles under the Hypodermic
4    Syringes and Needles Act.
5In determining whether or not a particular item is exempt under
6this Section, the trier of fact should consider, in addition to
7all other logically relevant factors, the following:
8        (1) the general, usual, customary, and historical use
9    to which the item involved has been put;
10        (2) expert evidence concerning the ordinary or
11    customary use of the item and the effect of any peculiarity
12    in the design or engineering of the device upon its
13    functioning;
14        (3) any written instructions accompanying the delivery
15    of the item concerning the purposes or uses to which the
16    item can or may be put;
17        (4) any oral instructions provided by the seller of the
18    item at the time and place of sale or commercial delivery;
19        (5) any national or local advertising concerning the
20    design, purpose or use of the item involved, and the entire
21    context in which such advertising occurs;
22        (6) the manner, place and circumstances in which the
23    item was displayed for sale, as well as any item or items
24    displayed for sale or otherwise exhibited upon the premises
25    where the sale was made;
26        (7) whether the owner or anyone in control of the



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1    object is a legitimate supplier of like or related items to
2    the community, such as a licensed distributor or dealer of
3    tobacco products;
4        (8) the existence and scope of legitimate uses for the
5    object in the community.
6    Notwithstanding the foregoing, there shall be a rebuttable
7presumption that the products identified in clauses (A) through
8(D) of subparagraph (5.5) of paragraph (d) of Section 2 of this
9Act are not drug paraphernalia when marketed or sold in
10conjunction with, or otherwise found or discovered solely in
11the presence of, tobacco; provided however, that there shall be
12a rebuttable presumption that any product or object identified
13in Section 2 is drug paraphernalia if the product or object
14either: (1) contains cannabis or the residue thereof or a
15controlled substance or the residue thereof; or (2) is found or
16discovered, or both, with or in close proximity to cannabis or
17a controlled substance.
18(Source: P.A. 95-331, eff. 8-21-07.)
19    Section 10. The Tobacco Accessories and Smoking Herbs
20Control Act is amended by changing Sections 3, 4, and 5 as
22    (720 ILCS 685/3)  (from Ch. 23, par. 2358-3)
23    Sec. 3. Definitions. The following definitions shall apply
24to this Act:



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1    (a) "Tobacco accessories" shall mean cigarette papers,
2pipes, holders of smoking materials of all types, cigarette
3rolling machines, and other items, designed primarily for the
4smoking or ingestion of tobacco products or of substances made
5illegal under any statute or of substances whose sale, gift,
6barter, or exchange is made unlawful under this Act.
7    (b) "Smoking herbs" shall mean all substances of plant
8origin and their derivatives, including but not limited to
9broom, calea, California poppy, damiana, hops, ginseng,
10lobelia, jimson weed and other members of the Datura genus,
11passion flower and wild lettuce, which are processed or sold
12primarily for use as smoking materials.
13    (c) "Bidi cigarette" means a product that contains tobacco
14that is wrapped in temburni or tendu leaf or that is wrapped in
15any other material identified by rules of the Department of
16Public Health that is similar in appearance or characteristics
17to the temburni or tendu leaf.
18    (d) "Cigar wraps" shall mean individual cigar wrappers,
19known as wraps, blunt wraps, or roll your own cigar wraps,
20whether in the form of a sheet, tube or cone, that consists in
21whole or in part of reconstituted tobacco leaf or flavored
22tobacco leaf.
23(Source: P.A. 91-734, eff. 1-1-01.)
24    (720 ILCS 685/4)  (from Ch. 23, par. 2358-4)
25    Sec. 4. Offenses.



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1    (a) Sale to minors. No person shall knowingly sell, barter,
2exchange, deliver or give away or cause or permit or procure to
3be sold, bartered, exchanged, delivered, or given away tobacco
4accessories or smoking herbs to any person under 18 years of
6    (a-5) Sale of bidi cigarettes. No person shall knowingly
7sell, barter, exchange, deliver, or give away a bidi cigarette
8to another person, nor shall a person cause or permit or
9procure a bidi cigarette to be sold, bartered, exchanged,
10delivered, or given away to another person.
11    (a-6) Sale of cigar wraps. No person shall knowingly sell,
12barter, exchange, deliver or give away or cause or permit or
13procure to be sold, bartered, exchanged, delivered, or given
14away cigar wraps to any person under 18 years of age.
15    (b) Sale of cigarette paper. No person shall knowingly
16offer, sell, barter, exchange, deliver or give away cigarette
17paper or cause, permit, or procure cigarette paper to be sold,
18offered, bartered, exchanged, delivered, or given away except
19from premises or an establishment where other tobacco products
20are sold. For purposes of this Section, "tobacco products"
21means cigarettes, cigars, smokeless tobacco, or tobacco in any
22of its forms.
23    (c) Sale of cigarette paper from vending machines. No
24person shall knowingly offer, sell, barter, exchange, deliver
25or give away cigarette paper or cause, permit, or procure
26cigarette paper to be sold, offered, bartered, exchanged,



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1delivered, or given away by use of a vending or coin-operated
2machine or device. For purposes of this Section, "cigarette
3paper" shall not include any paper that is incorporated into a
4product to which a tax stamp must be affixed under the
5Cigarette Tax Act or the Cigarette Use Tax Act.
6    (d) Use of identification cards. No person in the
7furtherance or facilitation of obtaining smoking accessories,
8cigar wraps, and smoking herbs shall display or use a false or
9forged identification card or transfer, alter, or deface an
10identification card.
11    (e) Warning to minors. Any person, firm, partnership,
12company or corporation operating a place of business where
13tobacco accessories, cigar wraps, and smoking herbs are sold or
14offered for sale shall post in a conspicuous place upon the
15premises a sign upon which there shall be imprinted the
16following statement, "SALE OF TOBACCO ACCESSORIES, CIGAR
19PROHIBITED BY LAW". The sign shall be printed on a white card
20in red letters at least one-half inch in height.
21(Source: P.A. 91-734, eff. 1-1-01.)
22    (720 ILCS 685/5)  (from Ch. 23, par. 2358-5)
23    Sec. 5. Penalty.
24    (a) Any person who shall knowingly violate, or shall
25knowingly cause the violation of any provision of this Act



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1other than subsection (a-5) or (a-6) of Section 4 shall be
2guilty of a Class C misdemeanor.
3    (b) Any person who knowingly violates or knowingly causes
4the violation of subsection (a-5) of Section 4 is guilty of a
5petty offense for which the offender may be fined an amount as
7        (1) For a first offense, not less than $100 and not
8    more than $500.
9        (2) For a second offense within a 2-year period, not
10    less than $250 and not more than $500.
11        (3) For a third or subsequent offense within a 2-year
12    period, not less than $500 and not more than $1,000.
13    (c) Any person who knowingly violates or knowingly causes
14the violation of subsection (a-6) of Section 4 is guilty of a
15Class C misdemeanor for a first offense, a Class B misdemeanor
16for a second offense within a 2-year period, and a Class A
17misdemeanor for a third or subsequent offense within a 3-year
19(Source: P.A. 91-734, eff. 1-1-01.)
20    Section 99. Effective date. This Act takes effect upon
21becoming law.