[Added 8-8-2002 by Ord. No. 2002-08-08-E; amended 11-9-2006 by Ord. No. 2006-11-09-B]
As used in this article, the following terms shall have the meanings indicated:
CANNABIS
Shall have the meaning ascribed to it in Section 3 of the Cannabis Control Act (720 ILCS 550/3).
DRUG PARAPHERNALIA
Shall have the meaning ascribed to it in Section 2 of the Illinois Drug Paraphernalia Control Act (720 ILCS 600/2).
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
It shall be unlawful for any person to knowingly possess an item of drug paraphernalia with the intent to use it in ingesting, inhaling or otherwise introducing a controlled substance into the human body, or in preparing a controlled substance for that use.
B. 
In determining intent under Subsection A, the trier of fact may take into consideration the proximity of the controlled substances to the drug paraphernalia or the presence of a controlled substance on the drug paraphernalia.
The presence in a motor vehicle of any cannabis or cannabis sativa plant is prima facie evidence that it is in the possession of and is being carried by all persons occupying such motor vehicle at the time the cannabis or cannabis sativa plant is found, except under the following circumstances:
A. 
If the cannabis or cannabis sativa plant is found directly on the person of one of the occupants; or
B. 
If the cannabis or cannabis sativa plant is found in a motor vehicle for hire by a duly licensed driver in the due, lawful and proper pursuit of his trade, the presumption above shall not apply to the driver.
This article 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 Subsection B of this section which are marketed for decorative purposes, when such items have been rendered completely inoperable or incapable of being used for an illicit purpose prohibited by this article. 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 use to which the item involved has been put;
(2) 
Expert evidence concerning the ordinary or customary use of the item and the effect of any peculiarity in the design or engineering of the device upon its functioning;
(3) 
Any written instructions accompanying the delivery of the item concerning the purposes or uses to which the item can or may be put;
(4) 
Any oral instructions provided by the seller of the item at the time and place of sale or commercial delivery;
(5) 
Any national or local advertising concerning the design, purpose or use of the item involved, and the entire context in which such advertising occurs;
(6) 
The manner, place and circumstances in which the 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;
(7) 
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;
(8) 
The existence and scope of legitimate uses for the object in the community.