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92_HB5909eng HB5909 Engrossed LRB9216131RCsb 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 Tobacco Accessories and Smoking Herbs 5 Control Act is amended by changing the title of the Act and 6 Sections 2 and 4 as follows: 7 (720 ILCS 685/Act title) 8 An Act providing protection for the public health and 9 safety by prohibiting the sale or delivery of tobacco 10 accessories or smoking herbs to minors and to prohibit the 11 sale of certain other tobacco products and accessories. 12 (720 ILCS 685/2) (from Ch. 23, par. 2358-2) 13 Sec. 2. Purpose. The sale and possession of marijuana, 14 hashish, cocaine, opium and their derivatives, is not only 15 prohibited by Illinois Law, but the use of these substances 16 has been deemed injurious to the health of the user. 17 It has further been determined by the Surgeon General of 18 the United States that the use of tobacco is hazardous to 19 human health. 20 The ready availability of smoking herbs to minors could 21 lead to the use of tobacco and illegal drugs. 22 The sale of cigarette wrapping paper or wrapping leaf 23 that is, or is held out to be, impregnated or scented with, 24 or aged or dipped in, alcoholic liquor or honey or which is 25 fruit-flavored or scented or which is chocolate or vanilla 26 flavored or scented promotes the illegal use of cannabis and 27 other controlled substances. 28 It is in the best interests of the citizens of the State 29 of Illinois to seek to prohibit the spread of illegal drugs, 30 tobacco or smoking materials to minors. The prohibition of HB5909 Engrossed -2- LRB9216131RCsb 1 the sale of tobacco and snuff accessories and smoking herbs 2 to minors would help to curb the usage of illegal drugs and 3 tobacco products, among our youth. 4 It is also in the best interests of the citizens of the 5 State of Illinois to prohibit the sale of cigarette wrapping 6 paper or wrapping leaf that is, or is held out to be, 7 impregnated or scented with, or aged or dipped in, alcoholic 8 liquor or honey or which is fruit-flavored or scented or 9 which is chocolate or vanilla flavored or scented. 10 (Source: P.A. 82-487.) 11 (720 ILCS 685/4) (from Ch. 23, par. 2358-4) 12 Sec. 4. Offenses. 13 (a) Sale to minors. No person shall knowingly sell, 14 barter, exchange, deliver or give away or cause or permit or 15 procure to be sold, bartered, exchanged, delivered, or given 16 away tobacco accessories or smoking herbs to any person under 17 18 years of age. 18 (a-5) Sale of bidi cigarettes. No person shall knowingly 19 sell, barter, exchange, deliver, or give away a bidi 20 cigarette to another person, nor shall a person cause or 21 permit or procure a bidi cigarette to be sold, bartered, 22 exchanged, delivered, or given away to another person. 23 (a-6) Sale of dipped cigarette wrapping paper or 24 wrapping leaf. No person shall knowingly sell, barter, 25 exchange, deliver, or give away or cause or permit to be 26 sold, bartered, exchanged, delivered, or given away to any 27 other person any cigarette wrapping paper or wrapping leaf 28 that is, or is held out to be, impregnated or scented with, 29 or aged or dipped in, alcoholic liquor or honey, or which is 30 fruit-flavored or scented or vanilla or chocolate flavored or 31 scented or which contains any combination of alcoholic 32 liquor, honey fruit, vanilla, or chocolate flavor or scent. 33 (b) Sale of cigarette paper. No person shall knowingly HB5909 Engrossed -3- LRB9216131RCsb 1 offer, sell, barter, exchange, deliver or give away cigarette 2 paper or cause, permit, or procure cigarette paper to be 3 sold, offered, bartered, exchanged, delivered, or given away 4 except from premises or an establishment where other tobacco 5 products are sold. For purposes of this Section, "tobacco 6 products" means cigarettes, cigars, smokeless tobacco, or 7 tobacco in any of its forms. 8 (c) Sale of cigarette paper from vending machines. No 9 person shall knowingly offer, sell, barter, exchange, deliver 10 or give away cigarette paper or cause, permit, or procure 11 cigarette paper to be sold, offered, bartered, exchanged, 12 delivered, or given away by use of a vending or coin-operated 13 machine or device. For purposes of this Section, "cigarette 14 paper" shall not include any paper that is incorporated into 15 a product to which a tax stamp must be affixed under the 16 Cigarette Tax Act or the Cigarette Use Tax Act. 17 (d) Use of identification cards. No person in the 18 furtherance or facilitation of obtaining smoking accessories 19 and smoking herbs shall display or use a false or forged 20 identification card or transfer, alter, or deface an 21 identification card. 22 (e) Warning to minors. Any person, firm, partnership, 23 company or corporation operating a place of business where 24 tobacco accessories and smoking herbs are sold or offered for 25 sale shall post in a conspicuous place upon the premises a 26 sign upon which there shall be imprinted the following 27 statement, "SALE OF TOBACCO ACCESSORIES AND SMOKING HERBS TO 28 PERSONS UNDER EIGHTEEN YEARS OF AGE OR THE MISREPRESENTATION 29 OF AGE TO PROCURE SUCH A SALE IS PROHIBITED BY LAW". The 30 sign shall be printed on a white card in red letters at least 31 one-half inch in height. 32 (Source: P.A. 91-734, eff. 1-1-01.)