Senate Sponsors: DONAHUE-MAITLAND. House Sponsors: BRUNSVOLD-NOVAK-GASH Short description: DRUG PARAPHRNLIA-REPLICA DEVIC Synopsis of Bill as introduced: Amends the Drug Paraphernalia Control Act. Defines drug paraphernalia to include any item described as drug paraphernalia that is advertised as a replica or decorative device or display item. Exempts these items when they are rendered entirely unworkable or unusable in all of their parts and functions so that they cannot be used or retrofitted for use as functioning drug paraphernalia devices. Eliminates exemption for items that are marketed for the processing or use of tobacco or other lawful substances and have not historically and customarily been used in connection with these purposes. Effective immediately. SENATE AMENDMENT NO. 1. Adds reference to: 720 ILCS 600/6 from Ch. 56 1/2, par. 2106 Changes definition of drug paraphernalia to include equipment, products, and materials that are primarily intended or designed for (rather than peculiar to and marketed for) the manufacture, growing, storage, concealing, ingesting, injection, or inhalation of cannabis or controlled substances. Includes certain items in those that constitute drug paraphernalia. Provides that in determining whether an item of drug paraphernalia is exempt the direct or circumstantial evidence of the ratio of sales of the items to the total sales of tobacco products should be considered. Deletes provision that draws an inference in favor of the legitimacy of the transaction or item. FISCAL NOTE (Dpt. Corrections) Fiscal and corrections population impacts are minimal. CORRECTIONAL NOTE No change from DOC fiscal note. JUDICIAL NOTE There may be an increase in judicial workloads; it is not pos- sible to determine impact on the number of judges needed. STATE MANDATES FISCAL NOTE (DCCA) SB128 fails to create a State mandate. HOUSE AMENDMENT NO. 1. Deletes provision that includes in the definition of drug paraphernalia certain described items that are advertised or sold as replicas or decorative devices or display items. In purpose provisions of the Act declares that the Act is intended to suppress the commercial traffic in and possession of items that are clearly and beyond a reasonable doubt primarily intended or designed (rather than marketed) for the illegal use of cannabis or controlled substances. Last action on Bill: SESSION SINE DIE Last action date: 99-01-12 Location: Senate Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 1 SENATE - 1 END OF INQUIRY Full Text Bill Status