SB3734 96TH GENERAL ASSEMBLY

LRB096 18707 RLC 34091 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB3734

Introduced 2/11/2010, by Sen. Kwame Raoul - John J. Millner - William R. Haine - Tim Bivins - A. J. Wilhelmi, et al.

SYNOPSIS AS INTRODUCED:

720 ILCS 600/2

from Ch. 56 1/2, par. 2102

Amends the Drug Paraphernalia Control Act. Provides that "drug paraphernalia" includes individual tobacco wrappers, known as blunt wraps, whether in the form of a single tobacco leaf, sheet or tube, that typically consists of reconstituted tobacco leaf or flavored tobacco leaf; Provides that "blunt wrap" does not include a tobacco leaf wrap that is used in the manufacturing of a cigar with a pre-tax retail price of $3 or more. Effective immediately.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Drug Paraphernalia Control Act is amended by changing Section 2 as follows:

(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, 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. 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, or hashish oil into the human body including, where applicable, the following items:

(A) water pipes;

(B) carburetion tubes and devices;

(B-1) individual tobacco wrappers, known as blunt wraps, whether in the form of a single tobacco leaf, sheet or tube, that typically consists of reconstituted tobacco leaf or flavored tobacco leaf; however, the term "blunt wrap", as used in this Section, does not include a tobacco leaf wrap that is used in the manufacturing of a cigar with a pre-tax retail price of $3 or more;

(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.

(Source: P.A. 93-526, eff. 8-12-03; 94-556, eff. 9-11-05.)

Section 99. Effective date. This Act takes effect upon becoming law.