VILLAGE OF NEW BADEN, ILLINOIS ORDINANCE NO. 2013-05-06-B AN ORDINANCE REGULATING THE POSSESSION, DELIVERY, SALE, OR OFFERING FOR SALE, OF DRUG PARAPHERNALIA AND POSSESSION OF CANNABIS WHEREAS, the Village of New Baden ( Village ), Clinton and St. Clair Counties, Illinois is a duly created, organized and validly existing municipality of the State of Illinois under the 1970 Illinois Constitution and the laws of the State of Illinois, including particularly the Illinois Municipal Code, and all laws amendatory thereof and supplementary thereto; and WHEREAS, Section 11-20-5 of the Illinois Municipal Code authorizes the Village to do all acts and make all regulations which may be necessary or expedient for the promotion of health; and WHEREAS, the Illinois Attorney General, by and through its opinion in Attorney General Opinion S-1186, has stated that a non-home rule municipality may enact cannabis control ordinances pursuant to its power to protect the public health and adopt police regulations, notwithstanding the existence of state law on the subject; and WHEREAS, the use of illicit substances is occurring within the Village and said usage is detrimental to public health and safety; and WHEREAS, the Village finds and declares that the items regulated by this Ordinance are detrimental to the health and safety of the citizens of the Village and must be regulated; and WHEREAS, the Village Board has determined that it is desirable and in the best interest of the Village to regulate the items identified by this Ordinance. NOW THEREFORE, BE IT ORDAINED by the President and the Board of Trustees of the Village of New Baden, as follows: 1. That the preceding recitations in the upper part of this Ordinance are realleged, restated, and adopted as paragraph one ( 1 ) of this Ordinance. 2. That the following new Sections shall be added to the Village of New Baden Revised Code of Ordinances, and shall state as follows: 27-4-9 POSSESSION OF DRUG PARAPHERNALIA (A) DEFINITION. The term drug paraphernalia means all equipment, products, and materials of any kind which are used, intended for use, or Ord. 2013-05-06-B; Page 1 of 5
marketed for use with illegal cannabis or drugs, as defined by Illinois Compiled Statutes, or designed for use in planting, propagating, cultivating, growing, harvesting, manufactured, 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 Substance Act, Illinois Compiled Statutes, Chapter 720, Paragraph 570/100, et seq., Drug paraphernalia includes, but is not limited to: (1) Kits used, intended for use or designed for use in the planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance is derived; (2) Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances; (3) Isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance; (4) Testing equipment, used for, intended for use, or designed for use in identifying or analyzing the strength, effectiveness or purity of controlled substances; (5) Scales and balances used, intended for use or designed for use in weighing or measuring controlled substances; (6) Dilutents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use or designed for use in cutting controlled substances; (7) Separation gins and sifters used, intended for use or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining marijuana; (8) Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substances; (9) Capsules, balloons, envelopes and other containers used, intended for use or designed for use packaging small quantities of controlled substances; (10) Containers and other objects used or designed for use in storing or concealing controlled substances; (11) Hypodermic syringes, needles and other objects used, intended for use or designed for use in parenterally injecting controlled substances into the human body; (12) Objects used, intended for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as: Ord. 2013-05-06-B; Page 2 of 5
(a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes, with or without screens, permanent screens, hashish heads or punctured metal bowls; Water pipes; Carburetion tubes and devices; Smoking and carburetion masks; Roach clips or other objects used to hold burning materials, such as marijuana cigarette; which has become too small or short to be held in the hand; Miniature cocaine spoons and cocaine vials; Chamber pipes; Carburetor pipes; Electric pipes; Air-driven pipes; Chilarns; Bongs; Ice pipes or chillers. (B) DETERMINATION OF DRUG PARAPHERNALIA. In determining whether an object is drug paraphernalia, a court or other authority should consider, in addition all the other relevant factors, the following: (1) Statements by an owner or anyone in control of the object concerning its use; (2) The proximity of the object, in time and place, to a direct violation of the Article; (3) The proximity of the object to controlled substances; (4) The existence of any residue or controlled substances on the object; (5) 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, or should reasonably know, intend to use the object to facilitate a violation of this Article; and the innocence of any owner or anyone in control of the object, as to a direct violation of this Article, shall not prevent a finding that the object is intended or designed for use as drug paraphernalia ; (6) Instructions, oral or written, provided with the object concerning its use; (7) Descriptive materials accompanying the object which explain or depict its use; (8) National and local advertising concerning the object s use; (9) The manner in which the object is displayed for use; (10) 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; (11) The existence and scope of legitimate uses for the object in the community; Ord. 2013-05-06-B; Page 3 of 5
(12) Expert testimony concerning the object s use. (C) OFFENSES AND PENALTIES. (1) Possession of Drug Paraphernalia. It is unlawful for any person to use or possess with the intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of the Illinois Controlled Substance Act (720 ILCS Sec. 570/100 et seq.). Any person violating Section is guilty of a crime and shall be fined not less than Two Hundred Fifty Dollars ($250.00), nor more than Seven Hundred Fifty Dollars ($750.00). (2) Manufacture or Delivery of Drug Paraphernalia. It is unlawful for any person to deliver, to sell, to possess with the intent to deliver or sell, or to manufacture with the intent to deliver of sell, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, inhale or otherwise introduce into the human body a controlled substance in violation of the Illinois Controlled Substance Act (720 ILCS Sec. 570/100 et seq.). Any person violating this Section is guilty of a crime and shall be fined not less than Two Hundred Fifty Dollars ($250.00), nor more than Seven Hundred Fifty Dollars ($750.00). (3) Delivery of Drug Paraphernalia to a Minor. Any person eighteen (18) years of age or older who violates subsection (B) of this Section by delivering, selling, or giving drug paraphernalia to a person under the age of eighteen (18) years is guilty of an additional offense and shall be fined not less than Two Hundred Fifty Dollars ($250.00), nor more than Seven Hundred Fifty Dollars ($750). 27-4-10 POSSESSION OF CANNABIS (A) DEFINITION. For the purpose of this section, Cannabis includes marihuana, 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, mixture, or preparation of such plant, its seeds, or resin, including tetrahydrocannabinol (THC) and all other cannabinol derivatives, including its naturally occurring or synthetically produced ingredients, whether produced directly or indirectly by extraction, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis; but shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, Ord. 2013-05-06-B; Page 4 of 5
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. (B) OFFENSE AND PENALTY (1) It is unlawful for any person to knowingly possess cannabis. This section shall be deemed to apply and a person who has unlawfully possessed a substance containing cannabis may be charged with a violation of this section only when the amount of the substance cannabis, that was unlawfully possessed, was not more than two and one-half (2.5) grams. If the amount of the substance containing cannabis, that was unlawfully possessed, contains more than two and one-half (2.5) grams, this section shall not apply, and the person(s) who possessed more than two and one-half (2.5) grams, shall be charged with a violation of the Illinois Cannabis Control Act (720 ILCS 550/4) as indicated. (2) Any person convicted of violating this Section shall be fined not less than two hundred fifty dollars ($250.00), nor more than seven hundred fifty dollars ($750.00). 3. This Ordinance shall have full force and effect following its passage and publication as required by law. PASSED and APPROVED this 6 th day of May, 2013. Yeas: Nays: Absent: Malina, Linthicum, Oster, Picard, Nielsen, Gunn. None. None. David Brandmeyer, Village President ATTEST: Teri Crane, Village Clerk Ord. 2013-05-06-B; Page 5 of 5