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City of El Paso, IL
Woodford County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of El Paso as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-15-2018 by Ord. No. 1007[1]]
[1]
Editor's Note: This ordinance was adopted as Ch. 111 but was renumbered in order to maintain the alphabetical organization of the Code.
Unless the context otherwise requires, the following terms shall for the purpose of this chapter have the meanings set forth after such terms:
CANNABIS
As defined in 720 ILCS 550/3, as amended.
A. 
Means and includes all equipment, products, and materials of any kind which are used, intended for use, or designed for use, 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.
B. 
Includes, but is not limited to:
(1) 
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 from which cannabis can be derived;
(2) 
Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing cannabis;
(3) 
Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is cannabis;
(4) 
Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness, or purity of cannabis;
(5) 
Scales and balances used, intended for use, or designed for use in weighing or measuring cannabis;
(6) 
Dilutents and adulterants, such a quinine hydrochloride, manitol, mannite, dextrose and lactose used, intended for use, or designed for use in cutting cannabis;
(7) 
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;
(8) 
Blenders, bowls, containers, spoons, and mixing devices used, intended for use, or designed for use in compounding cannabis;
(9) 
Capsules, balloons, envelopes, and other containers used, intended for use, or designed for use in packaging small quantities of cannabis;
(10) 
Containers and other objects used, intended for use, or designed for use in storing or concealing cannabis;
(11) 
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:
(a) 
Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
(b) 
Water pipes;
(c) 
Carburetion tubes and devices;
(d) 
Smoking and carburetion masks;
(e) 
Roach clips, which are objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand;
(f) 
Chamber pipes;
(g) 
Carburetor pipes;
(h) 
Electric pipes;
(i) 
Air-driven pipes;
(j) 
Chillums;
(k) 
Bongs;
(l) 
Ice pipes or chillers.
MARIJUANA PIPE or HASHISH PIPE
Refers to and means a pipe characterized by a bowl which is so small that the primary use for which it is reasonably adapted or designed is the smoking of marijuana or hashish, rather than lawful smoking tobacco, and which may or may not be equipped with a screen.
In determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors, the following:
A. 
Statements by an owner or 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;
C. 
The proximity of the object, in time and space, to a direct violation of this chapter;
D. 
The proximity of the object to cannabis;
E. 
The existence of any residue of cannabis on the object;
F. 
Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he or she knows intend to use the object to facilitate a violation of this chapter. The innocence of an owner, or of anyone in control of the object, as to a direct violation of this chapter 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. 
Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise;
L. 
The existence and scope of legitimate uses for the object in the community; and
M. 
Expert testimony concerning its use.
A. 
Possession of drug paraphernalia. It is unlawful for any persons 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 cannabis into the human body in violation of 720 ILCS 550/1 et seq.
B. 
Manufacture or delivery of drug paraphernalia. It is unlawful for any person to manufacture, deliver, or possess with intent to deliver, drug paraphernalia, knowing 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 cannabis into the human body in violation of 720 ILCS 550/1 et seq.
C. 
Advertisement of drug paraphernalia. It shall be unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing 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.
D. 
Possession. It shall be unlawful for any person to possess 10 grams or less of any substance containing cannabis.
All provisions and sections, clauses and sentences of this article shall be liberally construed. Should any provision, section, clause or sentence be held unconstitutional or invalid, such holding shall not be construed as affecting the validity of any of the remaining provisions, sections, clauses, or sentences, it being the intent that this article shall stand notwithstanding of the validity of any provision, section, clause or sentence.
All drug paraphernalia (as defined herein) shall be subject to forfeiture as provided in 720 ILCS 550/12.
Any person, firm, or corporation violating any provision of this article shall be subject to the following penalties:
A. 
$100 for the possession, manufacture, advertisement, or delivery of drug paraphernalia.
B. 
$200 for the possession of 2.5 grams or less of any substance containing cannabis.
C. 
$300 for the possession of more than 2.5 grams, but less than 10 grams of any substance containing cannabis.