Rep. Jim Sacia

Filed: 1/4/2011

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1014

2    AMENDMENT NO. ______. Amend Senate Bill 1014 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Drug Paraphernalia Control Act is amended
5by changing 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
8requires:
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

 

 

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1consideration, whether or not there is an agency relationship.
2    (d) "Drug paraphernalia" means all equipment, products and
3materials of any kind, other than methamphetamine
4manufacturing materials as defined in Section 10 of the
5Methamphetamine Control and Community Protection Act, which
6are intended to be used unlawfully in planting, propagating,
7cultivating, growing, harvesting, manufacturing, compounding,
8converting, producing, processing, preparing, testing,
9analyzing, packaging, repackaging, storing, containing,
10concealing, injecting, ingesting, inhaling or otherwise
11introducing into the human body cannabis or a controlled
12substance in violation of the Cannabis Control Act, the
13Illinois Controlled Substances Act, or the Methamphetamine
14Control and Community Protection Act. It includes, but is not
15limited to:
16        (1) kits intended to be used unlawfully in
17    manufacturing, compounding, converting, producing,
18    processing or preparing cannabis or a controlled
19    substance;
20        (2) isomerization devices intended to be used
21    unlawfully in increasing the potency of any species of
22    plant which is cannabis or a controlled substance;
23        (3) testing equipment intended to be used unlawfully in
24    a private home for identifying or in analyzing the
25    strength, effectiveness or purity of cannabis or
26    controlled substances;

 

 

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1        (4) diluents and adulterants intended to be used
2    unlawfully for cutting cannabis or a controlled substance
3    by private persons;
4        (5) objects intended to be used unlawfully in
5    ingesting, inhaling, or otherwise introducing cannabis,
6    cocaine, hashish, or hashish oil into the human body
7    including, where applicable, the following items:
8            (A) water pipes;
9            (B) carburetion tubes and devices;
10            (C) smoking and carburetion masks;
11            (D) miniature cocaine spoons and cocaine vials;
12            (E) carburetor pipes;
13            (F) electric pipes;
14            (G) air-driven pipes;
15            (H) chillums;
16            (I) bongs;
17            (J) ice pipes or chillers;
18        (5.5) products marketed and sold for a lawful purpose,
19    which are intended to be used lawfully, but which may be
20    misused for the unlawful purpose of ingesting, inhaling, or
21    otherwise introducing cannabis, cocaine, hashish, or
22    hashish oil into the human body including, where
23    applicable, the following items:
24            (A) individual cigar wrappers, known as wraps,
25        blunt wraps, or roll your own cigar wraps, whether in
26        the form of a sheet, tube or cone, that consist in

 

 

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1        whole or in part of reconstituted tobacco leaf or
2        flavored tobacco leaf;
3            (B) cored, hollowed out, or split cigars, but not
4        including an intact cigar still in its original
5        manufacturer packaging;
6            (C) cigarette-rolling papers, also known as
7        cigarette papers or as roll your own cigarette papers,
8        including but not by way of limitation wired cigarette
9        papers; and
10            (D) tobacco pipes; and
11        (6) any item whose purpose, as announced or described
12    by the seller, is for use in violation of this Act.
13(Source: P.A. 93-526, eff. 8-12-03; 94-556, eff. 9-11-05.)
 
14    (720 ILCS 600/4)  (from Ch. 56 1/2, par. 2104)
15    Sec. 4. Exemptions. This Act does not apply to:
16        (a) Items used in the preparation, compounding,
17    packaging, labeling, or other use of cannabis or a
18    controlled substance as an incident to lawful research,
19    teaching, or chemical analysis and not for sale.
20        (b) Items historically and customarily used in
21    connection with the planting, propagating, cultivating,
22    growing, harvesting, manufacturing, compounding,
23    converting, producing, processing, preparing, testing,
24    analyzing, packaging, repackaging, storing, containing,
25    concealing, injecting, ingesting, or inhaling of tobacco

 

 

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1    or any other lawful substance.
2        Items exempt under this subsection include, but are not
3    limited to, garden hoes, rakes, sickles, baggies, tobacco
4    pipes, and cigarette-rolling papers sold with an
5    accompanying loose cigarette tobacco, pre-formed paper
6    cigarette tubes used by consumers for making cigarettes,
7    reconstituted tobacco wrapper or tobacco leaf wrap that is
8    used in the manufacturing of a cigar, cigar wrappers
9    marketed or sold in conjunction with an accompanying loose
10    filler cigar tobacco and intact cigars still in their
11    original manufacturer packaging.
12        (c) Items listed in Section 2 of this Act which are
13    used for decorative purposes, when such items have been
14    rendered completely inoperable or incapable of being used
15    for any illicit purpose prohibited by this Act.
16        (d) A person who is legally authorized to possess
17    hypodermic syringes or needles under the Hypodermic
18    Syringes and Needles Act.
19In determining whether or not a particular item is exempt under
20this Section, the trier of fact should consider, in addition to
21all other logically relevant factors, the following:
22        (1) the general, usual, customary, and historical use
23    to which the item involved has been put;
24        (2) expert evidence concerning the ordinary or
25    customary use of the item and the effect of any peculiarity
26    in the design or engineering of the device upon its

 

 

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1    functioning;
2        (3) any written instructions accompanying the delivery
3    of the item concerning the purposes or uses to which the
4    item can or may be put;
5        (4) any oral instructions provided by the seller of the
6    item at the time and place of sale or commercial delivery;
7        (5) any national or local advertising concerning the
8    design, purpose or use of the item involved, and the entire
9    context in which such advertising occurs;
10        (6) the manner, place and circumstances in which the
11    item was displayed for sale, as well as any item or items
12    displayed for sale or otherwise exhibited upon the premises
13    where the sale was made;
14        (7) whether the owner or anyone in control of the
15    object is a legitimate supplier of like or related items to
16    the community, such as a licensed distributor or dealer of
17    tobacco products;
18        (8) the existence and scope of legitimate uses for the
19    object in the community.
20    Notwithstanding the foregoing, there shall be a rebuttable
21presumption that the products identified in clauses (A) through
22(D) of subparagraph (5.5) of paragraph (d) of Section 2 of this
23Act are not drug paraphernalia when marketed or sold in
24conjunction with, or otherwise found or discovered solely in
25the presence of, tobacco; provided however, that there shall be
26rebuttable presumption that any product or object identified in

 

 

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1Section 2 is drug paraphernalia if the product or object
2either: (1) contains cannabis or the residue thereof or a
3controlled substance or the residue thereof; or (2) is found or
4discovered, or both, with or in close proximity to cannabis or
5a controlled substance.
6(Source: P.A. 95-331, eff. 8-21-07.)
 
7    Section 10. The Tobacco Accessories and Smoking Herbs
8Control Act is amended by changing Sections 3, 4, and 5 as
9follows:
 
10    (720 ILCS 685/3)  (from Ch. 23, par. 2358-3)
11    Sec. 3. Definitions. The following definitions shall apply
12to this Act:
13    (a) "Tobacco accessories" shall mean cigarette papers,
14pipes, holders of smoking materials of all types, cigarette
15rolling machines, and other items, designed primarily for the
16smoking or ingestion of tobacco products or of substances made
17illegal under any statute or of substances whose sale, gift,
18barter, or exchange is made unlawful under this Act.
19    (b) "Smoking herbs" shall mean all substances of plant
20origin and their derivatives, including but not limited to
21broom, calea, California poppy, damiana, hops, ginseng,
22lobelia, jimson weed and other members of the Datura genus,
23passion flower and wild lettuce, which are processed or sold
24primarily for use as smoking materials.

 

 

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1    (c) "Bidi cigarette" means a product that contains tobacco
2that is wrapped in temburni or tendu leaf or that is wrapped in
3any other material identified by rules of the Department of
4Public Health that is similar in appearance or characteristics
5to the temburni or tendu leaf.
6    (d) "Cigar wraps" shall mean individual cigar wrappers,
7known as wraps, blunt wraps, or roll your own cigar wraps,
8whether in the form of a sheet, tube or cone, that consists in
9whole or in part of reconstituted tobacco leaf or flavored
10tobacco leaf.
11(Source: P.A. 91-734, eff. 1-1-01.)
 
12    (720 ILCS 685/4)  (from Ch. 23, par. 2358-4)
13    Sec. 4. Offenses.
14    (a) Sale to minors. No person shall knowingly sell, barter,
15exchange, deliver or give away or cause or permit or procure to
16be sold, bartered, exchanged, delivered, or given away tobacco
17accessories or smoking herbs to any person under 18 years of
18age.
19    (a-5) Sale of bidi cigarettes. No person shall knowingly
20sell, barter, exchange, deliver, or give away a bidi cigarette
21to another person, nor shall a person cause or permit or
22procure a bidi cigarette to be sold, bartered, exchanged,
23delivered, or given away to another person.
24    (a-6) Sale of cigar wraps. No person shall knowingly sell,
25barter, exchange, deliver or give away or cause or permit or

 

 

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1procure to be sold, bartered, exchanged, delivered, or given
2away cigar wraps to any person under 18 years of age.
3    (b) Sale of cigarette paper. No person shall knowingly
4offer, sell, barter, exchange, deliver or give away cigarette
5paper or cause, permit, or procure cigarette paper to be sold,
6offered, bartered, exchanged, delivered, or given away except
7from premises or an establishment where other tobacco products
8are sold. For purposes of this Section, "tobacco products"
9means cigarettes, cigars, smokeless tobacco, or tobacco in any
10of its forms.
11    (c) Sale of cigarette paper from vending machines. No
12person shall knowingly offer, sell, barter, exchange, deliver
13or give away cigarette paper or cause, permit, or procure
14cigarette paper to be sold, offered, bartered, exchanged,
15delivered, or given away by use of a vending or coin-operated
16machine or device. For purposes of this Section, "cigarette
17paper" shall not include any paper that is incorporated into a
18product to which a tax stamp must be affixed under the
19Cigarette Tax Act or the Cigarette Use Tax Act.
20    (d) Use of identification cards. No person in the
21furtherance or facilitation of obtaining smoking accessories,
22cigar wraps, and smoking herbs shall display or use a false or
23forged identification card or transfer, alter, or deface an
24identification card.
25    (e) Warning to minors. Any person, firm, partnership,
26company or corporation operating a place of business where

 

 

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1tobacco accessories, cigar wraps, and smoking herbs are sold or
2offered for sale shall post in a conspicuous place upon the
3premises a sign upon which there shall be imprinted the
4following statement, "SALE OF TOBACCO ACCESSORIES, CIGAR
5WRAPS, AND SMOKING HERBS TO PERSONS UNDER EIGHTEEN YEARS OF AGE
6OR THE MISREPRESENTATION OF AGE TO PROCURE SUCH A SALE IS
7PROHIBITED BY LAW". The sign shall be printed on a white card
8in red letters at least one-half inch in height.
9(Source: P.A. 91-734, eff. 1-1-01.)
 
10    (720 ILCS 685/5)  (from Ch. 23, par. 2358-5)
11    Sec. 5. Penalty.
12    (a) Any person who shall knowingly violate, or shall
13knowingly cause the violation of any provision of this Act
14other than subsection (a-5) or (a-6) of Section 4 shall be
15guilty of a Class C misdemeanor.
16    (b) Any person who knowingly violates or knowingly causes
17the violation of subsection (a-5) of Section 4 is guilty of a
18petty offense for which the offender may be fined an amount as
19follows:
20        (1) For a first offense, not less than $100 and not
21    more than $500.
22        (2) For a second offense within a 2-year period, not
23    less than $250 and not more than $500.
24        (3) For a third or subsequent offense within a 2-year
25    period, not less than $500 and not more than $1,000.

 

 

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1    (c) Any person who knowingly violates or knowingly causes
2the violation of subsection (a-6) of Section 4 is guilty of a
3Class C misdemeanor for a first offense, a Class B misdemeanor
4for a second offense within a 2-year period, and a Class A
5misdemeanor for a third or subsequent offense within a 3-year
6period.
7(Source: P.A. 91-734, eff. 1-1-01.)
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.".