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Home My WebLink AboutORDINANCES-1982-021-O-828/27/80 ' 8/11/81 12/30/81 • 21-0-82 AN ORDINANCE Drug Paraphernalia Control Ordinance WHEREAS, the City of Evanston is a home rule unit within the �! I meaning of the Illinois Constitution of 1970; and i WHEREAS, the City of Evanston, as a home rule unit, may exercise any reasonable power and perform any reasonable function pertaining to its government and affairs; and i WHEREAS, it is considered desirable and in the best interests of the public health, safety and welfare of the City of Evanston that there i be an ordinance prohibiting the possession, delivery, manufacturing, and i advertisement of drug paraphernalia. i, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY ii OF EVANSTON, COOK COUNTY, ILLINOIS: That Title 8 of the City Code of the 11 'City of Evanston, 1979, as amended, is hereby further amended by adding the • d� following Chapter 17: SECTION 1: 8717-1: TITLE: This Ordinance shall be known and may be cited as the "Drug Paraphernalia Control Ordinance." SECTION 2: 8-17-2: DEFINITIONS: As used in this Ordinance, unless the context otherwise requires: 1. The term "Cannabis" means: "Cannabis" includes marijuana,.hashish and other substances which are identified as including any parts of the plant Cannabis Sativa, whether growing or not; the seeds thereof, the resin extracted from any part of such plant; and any compound, manufacture, salt, derivative, mix- ture, or preparation of such plant, its seeds, or resin, including tetrahydrocannabinol (THC) and all other cannabinol derivatives, in- cluding its naturally occurring or synthetically produced ingredients, whether produced directly or indirectly by extraction, or indepen- dently by means of chemical synthesis or by a combination of ex- traction and chemical synthesis; but shall not include the mature • stalks of such plant, fiber produced from such stalks, oil or cake 8/27/80 8/11/81 12/30/81 21-0-82 made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of such plant which is incapable of germination. 2. The term "Controlled Substances" means: A drug, substance or immediate precursor in the schedules of Article II of the "Illinois Controlled Substance Act," 56-1/2 I11. Rev. Stat. 1100 et seq.: 3. "Deliver" or "delivery" means the actual, constructive or attempted transfer of possession, with or without consideration, whether or not there is an agency relationship. 4. "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, re- packaging, storing, containing-, concealing, injecting, ingesting,/ i inhaling or otherwise introducing into the human body cannabis or a controlled substance in violation of the "Cannabis Control Act," 56-1/2 III.- Rev. Stat. 701 et seq., or the "Illinois Controlled Substances Act," 56-1/2 Ill. Rev. Stat. 1100 et seq. It includes but is not limited to: A. Kits used or intended for use in planting, propagating, cultivating growing or harvesting of any species of plant which is a controlled substance or cannabis or from which a controlled substance or cannabis can be derived. i! B. Kits used or intended for use in manufacturing, compounding, j converting, producing, processing or preparing cannabis or con- trolled substances; C. Isomerization devices used or intended for use in increasing the potency of any species of plant whi.ch is cannabis or a controlled substance; D. Testing equipment used or intended for use in identifying or in analyzing the strength, effectiveness or purity of cannabis or controlled substances; E. Scales and balances used or intended for use in weighing or measuring cannabis or controlled substances; F. Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose used or intended for use in cutting cannabis or controlled substances; G. Separation gins and sifters used or intended for use in removing twigs and seeds from, or in otherwise cleaning or refining cannabis; H. Blenders, bowls, containers, spoons and mixing devices used or intended for use in compounding cannabis or controlled substances; 50A 8/27/80 8/11/81 12/30/81 21-0-82 I. Capsules, balloons, envelopes and other containers used, or in- tended for use in packaging small -quantities of cannabis or con- trolled substances; J. Containers and other objects used, or intended for use in storing or concealing cannabis or controlled substances; K. Hypodermic syringes, needles and other objects used, or intended for use in parenterally injecting cannabis or controlled substances into the human body; L. Objects used, or intended for use in ingesting, inhaling or other- wise introducing -marijuana, cocaine, hashish, or hashish oil into the human body, such as: (1) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls; (2) Water pipes (3) Carburetion tubes and devices; (4) Smoking and carburetion masks; (5) Roach clips: meaning 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; (6) Miniature cocaine spoons and cocaine vials; (7) Chamber pipes;. (8) Carburetor: pipes; (9) Electric pipes; (10) Air -driven pipes; (11 ) Chi l l ums; (12) bongs; (13) Ice pipes or chillers; In determining whether an object is drug parahernalia, a court should consider, in addition to all other logically relevant factors the following: A. Statements by an owner or by 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 any controlled substance or cannabis; C. The proximity of the object in time and space to a direct violation of this Ordinance; D. The proximity of the object to cannabis or controlled substances; E. The existence of any residue of cannabis or controlled substances on the object; F. Direct or circumstantial evidence of the intent of an owner or anyone in control of the object, to deliver it to persons whom he knows intend to use the object to facilitate a violation of the "Cannabis Control Act," 56-1/2 Ill. Rev. Stat. 701 et seq., or the "Illinois Controlled Substances Act." 56-1/2 Ill. Rev. Stat..1100 et seq.: the innocence of an owner or of anyone in control of the object as to a direct violation of the "Cannabis Control Act," 56-1/2 Ill. Rev. Stat. 701 et seq., or the "Illinois Controlled Sub- stances Act." 56-1/2.Ill. Rev. Stat. 1100 et seq. shall not prevent a finding that the object is used or intended for use as drug para- phernalia. -3- 12130/81 • • 21-0-82 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. 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; L. Direct or circumstantial evidence of the ratio of sales of the object(s)'to the total sales of the business enterprise; M. The existence and scope of legitimate uses for the object in the community; 14. Expert testimony concerning its use. 5. "Manufacture" means the production, preparation, propagation, com- pounding, conversion or processing of cannabis or controlled substances, either directly or indirectly, by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a com- bination of extraction and chemical synthesis, and includes any packaging or repackaging of cannabis or controlled substances or labeling of its container, except that this term does not include: ' (1) by an ultimate user, the preparation or compounding of a controlled substance for his own use; or (2) by a practitioner, or his authorized agent under his supervision, ` the preparation, compounding, packaging or labeling of a controlled j+ substance: (a) as an incident to his administering or dispensing of a controlled substance in the course of his professional practice; or (b) as an incident to lawful research, teaching or chemical analysis and not for sale. 6. "Person means any individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other entity. 7.' "Produce" or "production" means planting, cultivating, tending or harvesting. 8-17-3: UNLAWFUL TO USE OR POSSESS DRUG PARAPHERNALIA: It is un- lawful for any person 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, re- pack, store, contain, conceal, inject, ingest, inhale or otherwise intro- duce into the human body cannabis or controlled substance in violation of the "Cannabis Control Act," 56-1/2 Ill. Rev. Stat. 701 et seq., or the "Illinois Controlled Substances Act," 56-1/2 Ill. Rev. Stat. 1100 et seq. -4- I i 12/30/81 21-0-82 8-17-4: UNLAWFUL TO DELIVER OR MANUFACTURE DRUG PARAPHERNALIA WITH i • ji INTENT TO DELIVER: It is unlawful for any person to deliver, possess with (intent to deliver or manufacture drug paraphernalia knowing that it will be i I used to plant, propagate, cultivate, grow, harvest, -manufacture, compound, ;convert, produce, process, prepare, test, analyze, pack, repack, store, iy contain, conceal,'inject, ingest, inhale or otherwise introduce into the i human body cannabis or a controlled substance in violation of the "Cannabis Control Act," 56-1./2 Ill. Rev. Stat. 701 et seq., or the "Illinois Controlled y Substances Act," 56-1/2 I11. Rev. Stat. 1100 et seq. I 8-17-5: UNLAWFUL TO ADVERTISE DRUG PARAPHERNALIA: It is unlawful !ifor any person to place in any newspaper, magazine, handbill or other publication any advertisement knowing that the purpose of the advertise- ment taken as a whole is to promote the sale of objects used -or intended j; for use as drug paraphernalia. 8-17-6: PENALTY: Violation of any section of this ordinance shall constitute a misdemeanor, which, upon conviction shall be punishable by •a fine of not less than $100.00 nor more than $500.00 or by incarceration j in a penal institution other than a penitentiary for a period of up to six months, or both a fine and incarceration. 8-17-7: SEVERABILITY: If any provision of this Act or the appli- cation thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act which can be `i given effect without the invalid provision or application, and to this end ;c { the .provisions of this Act are severable. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. f SECTION 4: This ordinance shall be in full force and effect from and after its passage, approval, and publication I&T • • it j� i� in the manner provided by law. I i Introduced: �� .LZ— , 1982. I / Adopted: % 1982. ATTEST: �� 4G, X� City Clerk Approved as t\ oo form: 1� Corporation Counsel 12/30/81 21-0-82 Approved• �., �� 1982. v Y -6-