2023 Illinois Compiled Statutes › Chapter 720 - CRIMINAL OFFENSES › 720 ILCS 685/ - Tobacco Accessories and Smoking Herbs Control Act.

(720 ILCS 685/1) (from Ch. 23, par. 2358-1)
Sec. 1. 
		
		This Act shall be known and may be cited as the "Tobacco Accessories
and Smoking Herbs Control Act".
(Source: P.A. 82-487.)
(720 ILCS 685/2) (from Ch. 23, par. 2358-2)
Sec. 2. Purpose. The sale and possession of marijuana, hashish, cocaine,
opium and their derivatives, is not only prohibited by Illinois Law, but
the use of these substances has been deemed injurious to the health of the user.
It has further been determined by the Surgeon General of the United States
that the use of tobacco is hazardous to human health.
The ready availability of smoking herbs to persons under 21 years of age could lead to the use
of tobacco and illegal drugs.
It is in the best interests of the citizens of the State of Illinois to
seek to prohibit the spread of illegal drugs, tobacco or smoking materials
to persons under 21 years of age.  The prohibition of the sale of tobacco and snuff accessories
and smoking herbs to persons under 21 years of age would help to curb the usage of illegal drugs
and tobacco products, among our youth.
(Source: P.A. 101-2, eff. 7-1-19.)
(720 ILCS 685/3) (from Ch. 23, par. 2358-3)
Sec. 3. 
		Definitions. 
		The following definitions shall apply to this
Act:
(a) "Tobacco accessories" shall mean cigarette papers, pipes, holders
of smoking materials of all types, cigarette rolling machines, and other
items, designed primarily for the smoking or ingestion of tobacco products
or of substances made illegal under any statute or of substances whose
sale, gift, barter, or exchange is made unlawful under this Act.
(b) "Smoking herbs" shall mean all substances of plant origin and their
derivatives, including but not limited to broom, calea, California poppy,
damiana, hops, ginseng, lobelia, jimson weed and other members of the Datura
genus, passion flower and wild lettuce, which are processed or sold primarily
for use as smoking materials.
(c) "Bidi cigarette" means a product that contains tobacco that is
wrapped
in temburni or tendu leaf or that is wrapped in any
other material identified by rules of the Department of Public Health that is
similar in appearance or
characteristics to the temburni or tendu leaf.
(Source: P.A. 91-734, eff. 1-1-01.)
(720 ILCS 685/4) (from Ch. 23, par. 2358-4)
Sec. 4. Offenses.
(a) Sale to persons under 21 years of age.  No person shall knowingly sell,
barter, exchange, deliver or give away or cause or permit or procure to
be sold, bartered, exchanged, delivered, or given away tobacco accessories
or smoking herbs to any person under 21 years of age.
(a-5) Sale of bidi cigarettes. No person shall knowingly sell, barter,
exchange, deliver, or give away a bidi cigarette to another
person, nor shall a person cause or permit or procure a bidi cigarette to be
sold, bartered, exchanged, delivered, or given away to
another person.
(b) Sale of cigarette paper.  No person shall knowingly offer, sell,
barter, exchange, deliver or give away cigarette paper or cause, permit, or
procure cigarette paper to be sold, offered, bartered, exchanged,
delivered, or given away except from premises or an establishment where other
tobacco
products are sold.  For purposes of this Section, "tobacco products" means
cigarettes, cigars, smokeless tobacco, or tobacco in any of its forms.
(b-5)  Sale of flavored wrapping paper and wrapping leaf.  A person shall not knowingly sell, give away, barter, exchange, or otherwise furnish to any person any wrapping paper or wrapping leaf, however characterized, including, without limitation, cigarette papers, blunt wraps, cigar wraps, or tubes of paper or leaf, or any similar device, for the purpose of making a roll of tobacco or herbs for smoking, that is or is held out to be, impregnated, scented,  or imbibed with, or aged or dipped in, a characterizing flavor, other than tobacco or menthol, including, without limitation, alcoholic or liquor flavor, or both, chocolate, fruit flavoring, vanilla, peanut butter, jelly, or any combination of those flavors or similar child attractive scent or flavor.
(c) Sale of cigarette paper from vending machines.  No person shall
knowingly offer, sell, barter, exchange, deliver or give away cigarette
paper or cause, permit, or procure cigarette paper to be sold, offered,
bartered, exchanged, delivered, or
given away by use of a vending or coin-operated machine or device.  For
purposes of this Section, "cigarette paper" shall not
include any paper that is incorporated into a product to which a tax stamp
must be affixed under the Cigarette Tax Act or the Cigarette Use Tax Act.
(d) Use of identification cards.  No person in the furtherance or
facilitation of obtaining smoking accessories and smoking herbs shall
display or use a false or forged identification card or transfer, alter, or
deface an identification card.
(e) Warning to persons under 21 years of age.  Any person, firm, partnership, company or
corporation operating a place of business where tobacco accessories and
smoking herbs are sold or offered for sale shall post in a conspicuous
place upon the premises a sign upon which there shall be imprinted the
following statement, "SALE OF TOBACCO ACCESSORIES AND SMOKING HERBS TO
PERSONS UNDER 21 YEARS OF AGE OR THE MISREPRESENTATION OF AGE TO
PROCURE SUCH A SALE IS PROHIBITED BY LAW".  The sign shall be printed on
a white card in red letters at least one-half inch in height.
(Source: P.A. 101-2, eff. 7-1-19.)
(720 ILCS 685/5) (from Ch. 23, par. 2358-5)
Sec. 5. Penalty.
(a) Any person who shall knowingly violate, or shall knowingly
cause the violation of any provision of this Act other than
subsection (a-5) or (b-5) of Section 4 shall be guilty of a Class C
misdemeanor.
(b) Any person who knowingly violates or knowingly causes the
violation of subsection (a-5) of Section 4 is guilty of a petty
offense for which the offender may be fined an amount as follows:
(1) For a first offense, not less than $100 and not     more than $500.
(2) For a second offense within a 2-year period, not     less than $250 and not more than $500.
(3) For a third or subsequent offense within a 2-year     period, not less than $500 and not more than $1,000.
(c)  Any person who knowingly violates or knowingly causes the
violation of subsection (b-5) of Section 4 is guilty of a petty
offense for which the offender shall be fined an amount of not less than $100 and not more than $1,000.
(Source: P.A. 97-917, eff. 8-9-12.)