As used in this article, the following terms shall have the meanings indicated:
DRUG PARAPHERNALIA
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 (720 ILCS 646/1 et seq.), which are used, 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 (720 ILCS 550/1 et seq.), the Illinois Controlled Substances Act (720 ILCS 570/100 et seq.), or the Methamphetamine Control and Community Protection Act (720 ILCS 646/1 et seq.) or a synthetic drug product or misbranded drug in violation of the Illinois Food, Drug and Cosmetic Act (410 ILCS 620/1 et seq.). It includes, but is not limited to:[1]
A. 
Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is cannabis or a controlled substance or from which cannabis or a controlled substance can be derived;
B. 
Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing cannabis or controlled substances;
C. 
Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is cannabis or a controlled substance;
D. 
Testing equipment used, intended for use, or designed for use in identifying or in analyzing the strength, effectiveness or purity of cannabis or controlled substances;
E. 
Scales and balances used, intended for use, or designed for use in weighing or measuring cannabis or controlled substances;
F. 
Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use, or designed for use in cutting cannabis or controlled substances;
G. 
Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining marijuana;
H. 
Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding cannabis or controlled substances;
I. 
Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging small quantities of cannabis or controlled substances;
J. 
Containers and other objects used, intended for use, or designed for use in sorting or concealing cannabis or controlled substances;
K. 
Hypodermic syringes, needles and other objects used, intended for use, or designed for use in parenterally injecting cannabis or controlled substances into the human body;
L. 
Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body such as:
(1) 
Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes, with or without screens, permanent screens, hashish heads, or punctured metal bowls;
(2) 
Water pipes;
(3) 
Carburetion tubes and devices;
(4) 
Smoking and carburetion masks;
(5) 
Roach clips; meaning objects used to hold burning materials, such as a marijuana cigarette, that has become too small or too short to be held in the hand;
(6) 
Miniature cocaine spoons and cocaine vials;
(7) 
Chamber pipes;
(8) 
Carburetor pipes;
(9) 
Electric pipes;
(10) 
Air-driven pipes;
(11) 
Chillums;
(12) 
Bongs;
(13) 
Ice pipes or chillers.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
In determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to all other logically relevant facts, the following:
A. 
Statements by an owner or by anyone in control of the object concerning its use;
B. 
Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to cannabis or any controlled substance;[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
The proximity of the object, in time and space, to a direct violation of this article;
D. 
The proximity of the objects to cannabis or controlled substances;[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. 
The existence of any residue of cannabis or controlled substances on the object;[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
F. 
Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to a person whom he knows, or should reasonably know, intends to use the object to facilitate a violation of this article; the innocence of an owner, or of anyone in control of the object, as to a direct violation of this article shall not prevent a finding that the object is intended for use or designed for use as drug paraphernalia;
G. 
Instructions, oral or written, provided with the object concerning its use;
H. 
Descriptive materials accompanying the object which explain or depict its use;
I. 
National and local advertising concerning its use;
J. 
The manner in which the object is displayed for sale;
K. 
Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
L. 
Direct or circumstantial evidence of the relation of sales of the object(s) to the total sales of the business enterprise;
M. 
The existence and scope of legitimate uses for the object in the community;
N. 
Expert testimony concerning its use.
A. 
It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body cannabis or a controlled substance in violation of this article. Any person who violates this subsection is guilty of a crime and upon conviction may be fined as set forth in Chapter 1, Article III, Penalties and Enforcement, of the City Code.
B. 
It is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body cannabis or a controlled substance in violation of this article. Any person who violates this subsection is guilty of a crime and upon conviction may be fined as set forth in Chapter 1, Article III, Penalties and Enforcement, of the City Code.
C. 
Any person 18 years of age or over who violates Subsection B of this section by delivering drug paraphernalia to a person under 18 years of age who is at least three years his junior is guilty of a special offense and upon conviction may be fined as set forth in Chapter 1, Article III, Penalties and Enforcement, of the City Code.
D. 
It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia. Any person who violates this subsection is guilty of a crime and upon conviction may be fined as set forth in Chapter 1, Article III, Penalties and Enforcement, of the City Code.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).