(720 ILCS 600/2)
(from Ch. 56 1/2, par. 2102)
Sec. 2.
As used in this Act, unless the context otherwise requires:
(a) The term "cannabis" shall have the meaning ascribed to it in Section
3 of the Cannabis Control Act, as if that definition were incorporated
herein.
(b) The term "controlled substance" shall have the meaning ascribed to
it in Section 102 of the Illinois Controlled Substances Act, as if that
definition were incorporated herein.
(c) "Deliver" or "delivery" means the actual, constructive or attempted
transfer of possession, with or without consideration, whether or not there
is an agency relationship.
(d) "Drug paraphernalia" means all equipment, products and materials of
any kind, other than methamphetamine manufacturing materials as defined in Section 10 of the Methamphetamine Control and Community Protection Act, which are intended to be used unlawfully in planting, propagating,
cultivating, growing, harvesting, manufacturing, compounding,
converting, producing, processing, preparing, testing, analyzing, packaging,
repackaging, storing, containing, concealing, injecting, ingesting, inhaling
or otherwise introducing into the human body cannabis or a controlled substance
in violation of the Cannabis Control Act, the Illinois Controlled
Substances
Act, or the Methamphetamine Control and Community Protection Act. It
includes, but is not limited to:
(1) kits intended to be used unlawfully in
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manufacturing, compounding, converting, producing, processing or preparing cannabis or a controlled substance;
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(2) isomerization devices intended to be used
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unlawfully in increasing the potency of any species of plant which is cannabis or a controlled substance;
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(3) testing equipment intended to be used unlawfully
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in a private home for identifying or in analyzing the strength, effectiveness or purity of cannabis or controlled substances;
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(4) diluents and adulterants intended to be used
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unlawfully for cutting cannabis or a controlled substance by private persons;
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(5) objects intended to be used unlawfully in
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ingesting, inhaling, or otherwise introducing cannabis, cocaine, hashish, or hashish oil into the human body including, where applicable, the following items:
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(A) water pipes;
(B) carburetion tubes and devices;
(C) smoking and carburetion masks;
(D) miniature cocaine spoons and cocaine vials;
(E) carburetor pipes;
(F) electric pipes;
(G) air‑driven pipes;
(H) chillums;
(I) bongs;
(J) ice pipes or chillers;
(6) any item whose purpose, as announced or
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described by the seller, is for use in violation of this Act.
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(Source: P.A. 93‑526, eff. 8‑12‑03; 94‑556, eff. 9‑11‑05.)
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(720 ILCS 600/4) (from Ch. 56 1/2, par. 2104)
(Text of Section from P.A. 93‑392)
Sec. 4.
Exemptions.
This Act shall not apply to:
(a) Items marketed for use in the preparation, compounding,
packaging, labeling, or other use of cannabis or a controlled substance
as an incident to lawful research, teaching, or chemical analysis and not for
sale.
(b) Items marketed for, or historically and customarily used in connection
with, the planting, propagating, cultivating, growing, harvesting,
manufacturing,
compounding, converting, producing, processing, preparing, testing, analyzing,
packaging, repackaging, storing, containing, concealing, injecting, ingesting,
or inhaling of tobacco or any other lawful substance.
Items exempt under this subsection include, but are not limited to, garden
hoes, rakes, sickles, baggies, tobacco pipes, and cigarette‑rolling papers.
(c) Items listed in Section 2 of this Act which are marketed for
decorative
purposes, when such items have been rendered completely inoperable or incapable
of being used for any illicit purpose prohibited by this Act.
(d) A person who is legally authorized to possess hypodermic syringes or
needles under the Hypodermic Syringes and Needles Act.
In determining whether or not a particular item is exempt under this
subsection,
the trier of fact should consider, in addition to all other logically relevant
factors, the following:
(1) the general, usual, customary, and historical |
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use to which the item involved has been put;
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(2) expert evidence concerning the ordinary or
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customary use of the item and the effect of any peculiarity in the design or engineering of the device upon its functioning;
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(3) any written instructions accompanying the
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delivery of the item concerning the purposes or uses to which the item can or may be put;
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(4) any oral instructions provided by the seller of
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the item at the time and place of sale or commercial delivery;
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(5) any national or local advertising concerning the
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design, purpose or use of the item involved, and the entire context in which such advertising occurs;
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(6) the manner, place and circumstances in which the
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item was displayed for sale, as well as any item or items displayed for sale or otherwise exhibited upon the premises where the sale was made;
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(7) whether the owner or anyone in control of the
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object is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
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(8) the existence and scope of legitimate uses for
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the object in the community.
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(Source: P.A. 93‑392, eff. 7‑25‑03.)
(Text of Section from P.A. 93‑526)
Sec. 4.
Exemptions.
This Act does not apply to:
(a) Items used in the preparation, compounding,
packaging, labeling, or other use of cannabis or a controlled substance
as an incident to lawful research, teaching, or chemical analysis and not for
sale.
(b) Items historically and customarily used in
connection
with, the planting, propagating, cultivating, growing, harvesting,
manufacturing,
compounding, converting, producing, processing, preparing, testing, analyzing,
packaging, repackaging, storing, containing, concealing, injecting, ingesting,
or inhaling of tobacco or any other lawful substance.
Items exempt under this subsection include, but are not limited to, garden
hoes, rakes, sickles, baggies, tobacco pipes, and cigarette‑rolling papers.
(c) Items listed in Section 2 of this Act which are used
for
decorative
purposes, when such items have been rendered completely inoperable or incapable
of being used for any illicit purpose prohibited by this Act.
In determining whether or not a particular item is exempt under this
subsection,
the trier of fact should consider, in addition to all other logically relevant
factors, the following:
(1) the general, usual, customary, and historical
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use to which the item involved has been put;
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(2) expert evidence concerning the ordinary or
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customary use of the item and the effect of any peculiarity in the design or engineering of the device upon its functioning;
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(3) any written instructions accompanying the
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delivery of the item concerning the purposes or uses to which the item can or may be put;
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(4) any oral instructions provided by the seller of
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the item at the time and place of sale or commercial delivery;
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(5) any national or local advertising concerning the
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design, purpose or use of the item involved, and the entire context in which such advertising occurs;
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(6) the manner, place and circumstances in which the
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item was displayed for sale, as well as any item or items displayed for sale or otherwise exhibited upon the premises where the sale was made;
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(7) whether the owner or anyone in control of the
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object is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
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(8) the existence and scope of legitimate uses for
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the object in the community.
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(Source: P.A. 91‑357, eff. 7‑29‑99; 93‑526, eff.
8‑12‑03.)
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