093_HB3004
LRB093 05423 RLC 05513 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 amended
5 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, whether commercially produced or
22 home-made, that which are peculiar to and marketed for use in
23 planting, propagating, cultivating, growing, harvesting,
24 manufacturing, compounding, converting, producing,
25 processing, preparing, testing, analyzing, packaging,
26 repackaging, storing, containing, concealing, injecting,
27 ingesting, inhaling or otherwise introducing into the human
28 body cannabis or a controlled substance in violation of the
29 "Cannabis Control Act" or the "Illinois Controlled Substances
30 Act". It includes, but is not limited to:
31 (1) Kits peculiar to and marketed for use in
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1 manufacturing, compounding, converting, producing, processing
2 or preparing cannabis or a controlled substance;
3 (2) Isomerization devices peculiar to and marketed for
4 use in increasing the potency of any species of plant which
5 is cannabis or a controlled substance;
6 (3) Testing equipment peculiar to and marketed for
7 private home use in identifying or in analyzing the strength,
8 effectiveness or purity of cannabis or controlled substances;
9 (4) Diluents and adulterants peculiar to and marketed
10 for cutting cannabis or a controlled substance by private
11 persons;
12 (5) Objects peculiar to and marketed for use in
13 ingesting, inhaling, or otherwise introducing cannabis,
14 cocaine, hashish, or hashish oil into the human body
15 including, where applicable, the following items:
16 (A) water pipes;
17 (B) carburetion tubes and devices;
18 (C) smoking and carburetion masks;
19 (D) miniature cocaine spoons and cocaine vials;
20 (E) carburetor pipes;
21 (F) electric pipes;
22 (G) air-driven pipes;
23 (H) chillums;
24 (I) bongs;
25 (J) ice pipes or chillers;
26 (6) Any item whose purpose, as announced or described by
27 the seller or user, is for use in violation of this Act.
28 (e) "Home-made" means an item that is not marketed
29 commercially and is knowingly made from other items that are
30 not peculiar to the illegal use of cannabis or a controlled
31 substance and that the user or maker of the item knows will
32 be used for the illegal use of cannabis or a controlled
33 substance.
34 (Source: P.A. 82-1032.)
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.