Wednesday, December 1, 2010

Chicago Criminal attorney comments on the crime of drug paraphernalia-- no drugs required

Years ago this Chicago Criminal attorney listened as a friend was disappointed and confounded by finding a bong in their teenager's closet.  The friend felt he'd failed as a parent.  No it doesn't matter that the teen knew his parents occasionally smoked weed.

Now, parents have a whole lot more to worry about if they find a bong in their kid's closet, or even wrapping papers in your kid's pocket.

From Illinois Senate Bill 1014:

converting, producing, processing, preparing, testing,
2 analyzing, packaging, repackaging, storing, containing,
3 concealing, injecting, ingesting, inhaling or otherwise
4 introducing into the human body cannabis or a controlled
5 substance in violation of the Cannabis Control Act, the
6 Illinois Controlled Substances Act, or the Methamphetamine
7 Control and Community Protection Act. It includes, but is not
8 limited to:
9        (1) kits intended to be used unlawfully in
10    manufacturing, compounding, converting, producing,
11    processing or preparing cannabis or a controlled
12    substance;
13        (2) isomerization devices intended to be used
14    unlawfully in increasing the potency of any species of
15    plant which is cannabis or a controlled substance;
16        (3) testing equipment intended to be used unlawfully in
17    a private home for identifying or in analyzing the
18    strength, effectiveness or purity of cannabis or
19    controlled substances;
20        (4) diluents and adulterants intended to be used
21    unlawfully for cutting cannabis or a controlled substance
22    by private persons;
23        (5) objects intended to be used unlawfully in
24    ingesting, inhaling, or otherwise introducing cannabis,
25    cocaine, hashish, or hashish oil into the human body
26    including, where applicable, the following items:

SB1014 Engrossed - 3 - LRB096 07090 RLC 17176 b

1            (A) water pipes;
2            (B) carburetion tubes and devices;
3            (B-1) individual tobacco wrappers, known as wraps,
4        blunt wraps, or roll your own cigar wraps, that are
5        made wholly or in part of tobacco, including
6        reconstituted tobacco or flavored tobacco, whether in
7        the form of a sheet or tube, if such wrappers are
8        designed to be sold or distributed to individuals;
9            (C) smoking and carburetion masks;
10            (D) miniature cocaine spoons and cocaine vials;
11            (E) carburetor pipes;
12            (F) electric pipes;
13            (G) air-driven pipes;
14            (H) chillums;
15            (I) bongs;
16            (J) ice pipes or chillers;
17        (6) any item whose purpose, as announced or described
18    by the seller, is for use in violation of this Act.
19 (Source: P.A. 93-526, eff. 8-12-03; 94-556, eff. 9-11-05.)

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

This is not the equivalent of a parking ticket.  It is a Class A misdemeanor punished by a minimum fine of $750 (just for possessing these items) and up to a year in jail upon a conviction.

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