9.53 – Drug Paraphernalia

1. Items marketed for use in lawful research, teaching or chemical analysis and not for sale.
2. Items marketed for, or historically and customarily used in connection with the use of cannabis, tobacco or any other lawful substance, to include but not limited to garden hoses, rakes, sickles, baggies, tobacco pipes, and cigarette rolling papers.
3. Items used for decorative purposes provided such items have been rendered completely inoperable or incapable of beings used for any illicit proposes prohibited in this Chapter.
4. Items specifically exempted by the Cannabis Control Act and the Cannabis Regulation and Tax Act.

Unless the context otherwise requires, the following terms as used in this Chapter have the meanings ascribed to them.

1. “Cannabis.” The term “cannabis” is defined in 720 ILCS 550/3(a) of the Cannabis Control Act, Section 1-10 of the Cannabis Regulation and Tax Act, and Section 9.51.020 of the City of St. Charles Municipal Code Book.
2. “Cannabis paraphernalia.” The term “cannabis paraphernalia” is. defined in Section 9.50.010 of the City of St. Charles Municipal Code Book.
3. “Controlled substance” means  (i) a drug, substance, immediate precursor, or synthetic drug in the Schedules of Article II of the Illinois Controlled Substance Act or (ii) a drug or other substance, or immediate precursor, designated as a controlled substance by the he Illinois Department of Human Services through administrative rule.
4. “Drug paraphernalia” is defined in Section 9.50.010 of the City of St. Charles Municipal Code Book.
5. “Instrument” means a device used, designed for use, or intended for use in ingesting, smoking, administering or preparing any other controlled substance into the human body.

1. It is unlawful for any person to have, possess, sell, offer to sell, dispense or give away any instrument or drug paraphernalia adapted for the use of smoking, inhaling or ingesting any controlled substance.
2. It shall be unlawful for any person, firm or corporation to sell cannabis paraphernalia unless such person is employed and licensed as a dispensing agent by a dispensing organization.

1. All drug paraphernalia, cannabis paraphernalia, and instruments are subject to forfeiture when found in violation of this Chapter.
2. Drug paraphernalia, cannabis paraphernalia, and instruments subject to forfeiture may be seized by any police officer upon process issued by a court having jurisdiction.
3. Seizures may be made by police officers if there is probable cause to believe that the drug paraphernalia, cannabis paraphernalia, and instruments are in violation of the Cannabis Control Act, or has been used to introduce a controlled substance into the human body, or has controlled substance on it, including its reside, or is dangerous to health or safety and existing circumstances do not allow reasonable time for the office to obtain lawful process,
4. The presence of drug paraphernalia, cannabis paraphernalia, and instruments which are deemed to be violations of this Chapter, or are otherwise subject to forfeiture shall not subject the entire inventory to seizure of forfeiture.
5. When drug paraphernalia, cannabis paraphernalia, and instruments are seized under this Chapter, the Chief of Police may have the drug paraphernalia, cannabis paraphernalia, and instruments removed to a place designated by him.
6. The Circuit Court shall determine the validity of any seizures made under this Chapter and determine the disposition of all seized property.
7. When property is forfeited under this Chapter, the Chief of Police may retain the drug paraphernalia, cannabis paraphernalia, and instruments for official use or have the property destroyed.

Any person, firm or corporation violating any provision of this Chapter  shall be fined not less than two hundred fifty dollars ($250.00) but not more than seven hundred and fifty ($750.00) dollars for each offense, and a separate offense shall be deemed committed on each day on which a violation occurs or continues.

In the alternative, ant period violating any provisions if this Chapter shall, upon conviction, complete fifteen (15) hours of community restitution for the first offense, thirty (30) hours of community restitution for the second offense, and one hundred (100) hours of community restitution for each subsequent offense. All community service shall be completed within one (1) years from the date of conviction.