093_SB0642enr SB642 Enrolled LRB093 03289 RLC 03306 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 Sections 2, 4, and 6 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 which are intended to be used 22 unlawfullypeculiar to and marketed for usein 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 intended to be used unlawfullypeculiar to andSB642 Enrolled -2- LRB093 03289 RLC 03306 b 1marketed for usein manufacturing, compounding, converting, 2 producing, processing or preparing cannabis or a controlled 3 substance; 4 (2) Isomerization devices intended to be used unlawfully 5peculiar to and marketed for usein increasing the potency 6 of any species of plant which is cannabis or a controlled 7 substance; 8 (3) Testing equipment intended to be used unlawfully in 9 apeculiar to and marketed forprivate home foruse in10 identifying or in analyzing the strength, effectiveness or 11 purity of cannabis or controlled substances; 12 (4) Diluents and adulterants intended to be used 13 unlawfullypeculiar to and marketedfor cutting cannabis or a 14 controlled substance by private persons; 15 (5) Objects intended to be used unlawfullypeculiar to16and marketed for usein ingesting, inhaling, or otherwise 17 introducing cannabis, cocaine, hashish, or hashish oil into 18 the human body including, where applicable, the following 19 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.) 33 (720 ILCS 600/4) (from Ch. 56 1/2, par. 2104) SB642 Enrolled -3- LRB093 03289 RLC 03306 b 1 Sec. 4. Exemptions. This Act doesshallnot apply to: 2 (a) Items usedmarketed for usein the preparation, 3 compounding, packaging, labeling, or other use of cannabis or 4 a controlled substance as an incident to lawful research, 5 teaching, or chemical analysis and not for sale. 6 (b) Itemsmarketed for, orhistorically and customarily 7 used in connection with, the planting, propagating, 8 cultivating, growing, harvesting, manufacturing, compounding, 9 converting, producing, processing, preparing, testing, 10 analyzing, packaging, repackaging, storing, containing, 11 concealing, injecting, ingesting, or inhaling of tobacco or 12 any other lawful substance. 13 Items exempt under this subsection include, but are not 14 limited to, garden hoes, rakes, sickles, baggies, tobacco 15 pipes, and cigarette-rolling papers. 16 (c) Items listed in Section 2 of this Act which are used 17marketedfor decorative purposes, when such items have been 18 rendered completely inoperable or incapable of being used for 19 any illicit purpose prohibited by this Act. 20 In determining whether or not a particular item is exempt 21 under this subsection, the trier of fact should consider, in 22 addition to all other logically relevant factors, the 23 following: 24 (1) the general, usual, customary, and historical 25 use to which the item involved has been put; 26 (2) expert evidence concerning the ordinary or 27 customary use of the item and the effect of any 28 peculiarity in the design or engineering of the device 29 upon its functioning; 30 (3) any written instructions accompanying the 31 delivery of the item concerning the purposes or uses to 32 which the item can or may be put; 33 (4) any oral instructions provided by the seller of 34 the item at the time and place of sale or commercial SB642 Enrolled -4- LRB093 03289 RLC 03306 b 1 delivery; 2 (5) any national or local advertising concerning 3 the design, purpose or use of the item involved, and the 4 entire context in which such advertising occurs; 5 (6) the manner, place and circumstances in which 6 the item was displayed for sale, as well as any item or 7 items displayed for sale or otherwise exhibited upon the 8 premises where the sale was made; 9 (7) whether the owner or anyone in control of the 10 object is a legitimate supplier of like or related items 11 to the community, such as a licensed distributor or 12 dealer of tobacco products; 13 (8) the existence and scope of legitimate uses for 14 the object in the community. 15 (Source: P.A. 91-357, eff. 7-29-99.) 16 (720 ILCS 600/6) (from Ch. 56 1/2, par. 2106) 17 Sec. 6. This Act is intended to be used solely for the 18 suppression of the commercial traffic in and possession of 19 items that, within the context of the sale or offering for 20 sale, or possession, are clearly and beyond a reasonable 21 doubt intendedmarketedfor the illegal and unlawful use of 22 cannabis or controlled substances. To this end all 23 reasonable and common-sense inferences shall be drawn in 24 favor of the legitimacy of any transaction or item. 25 (Source: P.A. 88-677, eff. 12-15-94.) 26 Section 99. Effective date. This Act takes effect upon 27 becoming law.