POSSESSION OF CANNABIS & PARAPHERNALIA

ORDINANCE NO. _________                                    SERIES 2017

ORDINANCE: POSSESSION OF CANNABIS & PARAPHERNALIA

    For the purposes of these Sections, the following definitions shall apply:
1)    DEFINITIONS:
    Cannabis.  “Cannabis” shall have the meaning ascribed to it in Section 3 of the Illinois Cannabis Control Act as that definition is set forth from time to time and is incorporated herein (720 ILCS 550/3(a)).
    Drug Paraphernalia.  “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, 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 cannabis or a controlled substance in violation of the Cannabis Control Act, 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 cannabis or a controlled substance;

(2) isomerization devices intended to be used unlawfully in increasing the potency of any species of plant which is cannabis or 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 cannabis or controlled substances;

(4) diluents and adulterants intended to be used unlawfully for cutting cannabis or a controlled substance by private persons;

(5) objects intended to be used unlawfully in ingesting, inhaling, or otherwise introducing cannabis, cocaine, hashish, hashish oil, 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.
2)    POSSESSION OF CANNABIS:  It shall be a violation of this Section for any person to knowingly possess cannabis in the amount up to 100 grams.
3)    POSSESSION OF DRUG PARAPHERNALIA:    It shall be a violation of this Section for any person to knowingly possess an item of drug paraphernalia with the intent to use it in ingesting, inhaling, or otherwise introducing cannabis or a controlled substance in the human body, or in preparing cannabis or a controlled substance for that use.
    This Section shall not apply to:
    (A)    Items marked for use in the preparation, compounding, packaging, labeling, or other use of cannabis as an incident to lawful research, teaching or chemical analysis and not for sale or personal use; or
    (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 other lawful substance.
        Items exempt include, but are not limited to, garden hoes, rakes, sickles, baggies, tobacco pipes and cigarette rolling papers.
    (C)    Items described in Section 1 which are marketed for decorative purposes, where such items have been rendered completely inoperable or incapable of being used as an item of drug paraphernalia.   
4)    SEIZURE & FORFEITURE:    All items of drug paraphernalia shall be seized and forfeited as contraband of the County.
5)    PENALTY:    Any person found to have violated any of these Sections shall be fined pursuant to Section 1-1-20 of Village of the Kansas Ordinances.

Last Update: October 04, 2018