2023 Illinois Compiled Statutes › Chapter 720 - CRIMINAL OFFENSES › 720 ILCS 600/ - Drug Paraphernalia Control Act.

(720 ILCS 600/1) (from Ch. 56 1/2, par. 2101)
Sec. 1. 
		
		This Act shall be known and may be cited as the "Drug Paraphernalia
Control Act".
(Source: P.A. 82-1032.)
(720 ILCS 600/2) (from Ch. 56 1/2, par. 2102)
Sec. 2. As used in this Act, unless the context otherwise requires:
(a) The term "cannabis" shall have the meaning ascribed to it in Section 3 of the Cannabis Control Act, as if that definition were incorporated herein.
(b) The term "controlled substance" shall have the meaning ascribed to it in Section 102 of the Illinois Controlled Substances Act, as if that definition were incorporated herein.
(c) "Deliver" or "delivery" means the actual, constructive or attempted transfer of possession, with or without consideration, whether or not there is an agency relationship.
(d) "Drug paraphernalia" means 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 and cannabis paraphernalia as defined in Section 1-10 of the Cannabis Regulation and Tax Act, which are 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 a controlled substance in violation of the Illinois Controlled Substances Act or the Methamphetamine Control and Community Protection Act or a synthetic drug product or misbranded drug in violation of the Illinois Food, Drug and Cosmetic Act. It includes, but is not limited to:
(1) kits intended to be used unlawfully in     manufacturing, compounding, converting, producing, processing or preparing a controlled substance;
(2) isomerization devices intended to be used     unlawfully in increasing the potency of any species of plant which is a controlled substance;
(3) testing equipment intended to be used unlawfully     in a private home for identifying or in analyzing the strength, effectiveness or purity of controlled substances;
(4) diluents and adulterants intended to be used     unlawfully for cutting a controlled substance by private persons;
(5) objects intended to be used unlawfully in     ingesting, inhaling, or otherwise introducing cocaine or a synthetic drug product or misbranded drug in violation of the Illinois Food, Drug and Cosmetic Act into the human body including, where applicable, the following items:
(A) water pipes;
(B) carburetion tubes and devices;
(C) smoking and carburetion masks;
(D) miniature cocaine spoons and cocaine vials;
(E) carburetor pipes;
(F) electric pipes;
(G) air-driven pipes;
(H) chillums;
(I) bongs;
(J) ice pipes or chillers;
(6) any item whose purpose, as announced or described     by the seller, is for use in violation of this Act.
"Drug paraphernalia" does not include equipment, products, or materials to analyze or test for the presence of fentanyl, a fentanyl analogue, or a drug adulterant within a controlled substance.
(Source: P.A. 103-336, eff. 1-1-24.)
(720 ILCS 600/3) (from Ch. 56 1/2, par. 2103)
Sec. 3. 
		
		(a) Any person who keeps for sale, offers for sale, sells,
or delivers for any commercial consideration any item of drug
paraphernalia commits a Class 4 felony for which a minimum fine of
$1,000 for each such item shall be imposed.  Any person 18 years of age or
older who sells or delivers for any commercial consideration any item of
drug paraphernalia to a person under 18 years of age is guilty of a Class 3
felony.
(b) Any person who sells or delivers for a commercial consideration any
item of drug paraphernalia to a woman he knows to be pregnant is guilty of
a Class 2 felony.
(c) Any store, place, or premises from which or in which any item of drug
paraphernalia is kept for sale, offered for sale, sold, or delivered for
any commercial consideration is declared to be a public nuisance.
The State's Attorney of the county in which such a nuisance is
located may commence an action in the circuit court, in the name of the
People of the State of Illinois, to abate the public nuisance as
described in this subsection (c).
Upon being satisfied by affidavits or other sworn evidence that an alleged
public nuisance exists, the court may, without bond, enter a temporary
restraining order to enjoin any defendant from maintaining the
nuisance and may, without bond, enter a preliminary injunction
restraining any defendant from removing or interfering with any property
used in connection with the public nuisance.
If during the proceedings and hearings upon the merits the existence of
the nuisance is established, and it is established that the
nuisance was maintained with the intentional, knowing or  reckless
permission of the owner, or an agent of the owner managing the premises,
the court shall enter an order restraining all persons from maintaining or
permitting the nuisance and from using the premises for a
period of one year thereafter.  However an owner, lessee, or other occupant
thereof may use the premises if the owner gives bond with
sufficient security or surety, in an amount between $5,000 and $10,000
approved by the court, payable to the People of the State of Illinois.
The bond shall include a condition that no offense specified in this Act
shall be committed at, in, or upon the property described, and a condition
that the principal obligor and surety assume responsibility for any fine,
costs, or damages incurred by any person resulting from such an offense.
(Source: P.A. 86-271; 86-1459; 86-1466; 87-435; 87-828.)
(720 ILCS 600/3.5)
Sec. 3.5. Possession of drug paraphernalia.
(a) A person who knowingly possesses 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, is guilty of a Class A misdemeanor for which the court
shall impose a minimum fine of $750 in addition to any other penalty prescribed
for a Class A
misdemeanor.  This subsection (a) does not apply to a person who is legally
authorized to possess
hypodermic syringes or needles under the Hypodermic Syringes and Needles Act.
(b) In determining intent under subsection (a), the trier of fact may take
into consideration the proximity of the controlled substances to
drug
paraphernalia or the presence of a controlled substance on the drug
paraphernalia.
(Source: P.A. 101-593, eff. 12-4-19.)
(720 ILCS 600/4) (from Ch. 56 1/2, par. 2104)
Sec. 4. Exemptions. This Act does not apply to:
(a) Items used 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 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 cannabis, 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 Section 2 of this Act which are     used for decorative purposes, when such items have been rendered completely inoperable or incapable of being used for any illicit purpose prohibited by this Act.
(d) A person who is legally authorized to possess     hypodermic syringes or needles under the Hypodermic Syringes and Needles Act.
In determining whether or not a particular item is exempt under this
Section, 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 cannabis or tobacco products;
(8) the existence and scope of legitimate uses for     the object in the community.
(Source: P.A. 101-593, eff. 12-4-19.)
(720 ILCS 600/5) (from Ch. 56 1/2, par. 2105)
Sec. 5. 
		(a) All drug paraphernalia is subject to forfeiture.
(b) Property subject to forfeiture under this Act may be seized by any
peace officer upon process issued by any court
having jurisdiction over the property.  Judgments in favor of the State
in a criminal or forfeiture proceeding based upon this Act against a person's
specific property shall serve as process authorizing a police officer to seize such
property without further process.
Seizure by a police officer may be made without process:
(1) If there is probable cause to believe that the     property is directly dangerous to health or safety and existing circumstances do not allow reasonable time for the officer to obtain lawful process; or
(2) In accordance with the provisions of The Code of     Criminal Procedure of 1963, as amended.
(3) The presence of items which are deemed violative     of this Act or are otherwise subject to its forfeiture provisions in an inventory shall not subject the entire inventory to seizure or forfeiture.
(c) Property taken or detained under this Section shall not be subject
to replevin, but is deemed to be in the custody of the law enforcement department
or agency employing the seizing officer, subject only to the order and judgments
of the circuit court having jurisdiction over the forfeiture proceedings.
When property is seized under this Act, the chief administrative officer
of the seizing department or agency may place the property under seal, or
remove the property to a place designated by him.
(d) No disposition may be made of property under seal until the validity
of the seizure has been determined in a Circuit Court, unless such court
upon application therefor, orders the sale of perishable substances and
the deposit of the proceeds of the sale with the clerk of the court.  The
Circuit Court shall rule on the validity of the seizure within 30 days after
the seizure, unless a continuance is obtained by a person from whom the
items were seized or a person who otherwise has standing to complain, or
by the State for good cause shown.  In no event shall a continuance be granted
to the State pursuant to this Section extend beyond 30 days.  If judgment
is entered in favor of the person from whom the property is seized, all
seized property shall be returned immediately.  Appeals from orders of the
Circuit Court shall be heard within 60 days from the date judgment is entered.
Judgments in favor of the person entitled to possession of the subject property
shall serve as a mandate to the agency holding said property to return same forthwith.
(e) When property is forfeited under this Act the chief administrative
officer of the seizing department or agency may
retain it for official use, or
forward it to the Bureau of Narcotics and Dangerous Drugs, United States
Department of Justice, or its successor agency, for disposition.
(Source: P.A. 82-1032.)
(720 ILCS 600/6) (from Ch. 56 1/2, par. 2106)
Sec. 6. 
This Act is intended to be used solely for the suppression
of the commercial traffic in and possession of items that,
within the context of the sale
or offering for sale, or possession, are clearly and beyond a reasonable
doubt intended
for the illegal and unlawful use of controlled substances.
To this end all reasonable and common-sense inferences shall be drawn in
favor of the legitimacy of any transaction or item.
(Source: P.A. 101-593, eff. 12-4-19.)
(720 ILCS 600/7) (from Ch. 56 1/2, par. 2107)
Sec. 7. 
		
		The provisions of any ordinance enacted by any municipality
or unit of local government which imposes the same or greater restrictions
or limitations upon the availability of drug paraphernalia as defined herein,
including the acquisition, sale or delivery of such items, are not invalidated
or affected by this Act.
(Source: P.A. 82-1032.)