§ 9.18.010. Definition of drug paraphernalia.

A.

The term "drug paraphernalia" means all equipment, products and materials of any kind which are used or intended 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 a controlled substance in violation of 720 ILCS 550/1 et seq. and 720 ILCS 570/100 et seq., as amended. It 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 a controlled substance or from which a controlled substance can be derived;

2.

Kits used, intended for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances;

3.

Isomerization devices used or intended for use in increasing the potency of any species of plant which is a controlled substance;

4.

Testing equipment used or intended for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances;

5.

Scales and balances used or intended for use in weighing or measuring controlled substances;

6.

Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used or intended for use in cutting controlled substances;

7.

Separation gins and sifters used or intended for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;

8.

Blenders, bowls, containers, spoons and mixing devices used or intended for use in compounding controlled substances;

9.

Capsules, balloons, envelopes and other containers used or intended for use in packaging small quantities of controlled substances;

10.

Containers and other objects used or intended for use in storing or concealing controlled substances;

11.

Hypodermic syringes, needles and other objects used or intended for use in parenterally injecting controlled substances into the human body;

12.

Objects used or intended 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.

Carburetion tubes and devices;

c.

Water pipes;

d.

Smoking and carburetion masks;

e.

Roach clips; meaning paper clips, alligator clips, hairpins, or other similar objects that have been altered by the defendant or prior to or while in the possession of the defendant so that there exists a handle attached to said object at an angle between forty-five (45) degrees and one hundred thirty-five (135) degrees so that the alteration would facilitate a person's holding of burning materials such as a marijuana cigarette that has become too small or too short to be held by the fingers and so that the alteration prohibits the use of said object for its normal function;

f.

Cocaine spoons, and cocaine vials;

g.

Chamber pipes;

h.

Carburetor pipes;

i.

Electric pipes;

j.

Air-driven pipes;

k.

Chillums;

l.

Bongs;

m.

Ice pipes or chillers; and

n.

Glass rose tubes.

B.

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:

1.

Statements by an owner or by anyone in control of the object concerning its use;

2.

Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance;

3.

The proximity of the object, in time and space, to a direct violation, by the object's owner or person in control of the object, of 720 ILCS 550/1 et seq., and 720 ILCS 570/100 et seq., as amended;

4.

The proximity of the object to controlled substances owned by the object's owner or person in control of the object;

5.

The existence of any residue of controlled substances on the object;

6.

Direct or circumstantial evidence of the intent of the owner, or of anyone in control of the object, to deliver it to persons whom said owner or person in control knows intend to use the object to facilitate a violation of 720 ILCS 550/1 et seq. and 720 ILCS 570/100 et seq.; the innocence of an owner, or of anyone in control of the object, as to a direct violation of 720 ILCS 550/1 et seq. and 720 ILCS 570/100 et seq., shall not prevent a finding that the object is intended for use, or designed for use, or designed for use as drug paraphernalia;

7.

Instructions, oral or written, provided with the object concerning its use;

8.

Descriptive materials accompanying the object which explain or depict its use;

9.

National and local advertising concerning its use;

10.

The manner in which the object is displayed for sale;

11.

Direct or circumstantial evidence of the ratio of sales of the objects to the total sales of the business enterprise; and

12.

Expert testimony concerning its use.

(Ord. No. 3806, 7-10-2006)