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  1. #1

    Default Possession of Paraphernalia in Illinois

    Hello.

    I have been cited for possession of paraphernalia (local ordinance, NOT ILCS) in Buffalo Grove, Lake County, IL. The citation references Local Ordinance Chapter 9 Act 17.0 Sec 20. I have searched the internet extensively for penalties in regard to this offense, but have come up with nothing on this local ordinance.

    I might actually be able to sleep if one of the resident gurus has any insight as to the possible legal trouble I am in for. All I am looking for is the max and min penalties related to this ordinance.

    Please note that I am in the process of securing an attorney, but they will discuss absolutely squat with me until the check clears.

    Thank you in advance for your time.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Possession of Paraphernalia in Illinois

    You can find the Village of Buffalo Grove Municipal Code here.
    Quote Quoting Chapter 9.17 DRUG PARAPHERNALIA
    9.17.010 Definitions.

    Unless the context otherwise requires, the following terms as used in this Chapter have the meanings ascribed to them.
    A. “Controlled substance” means any drug or controlled substance as defined under any law of the State or of the United States of America.

    B. “Instrument” means a device used, designed for use, or intended for use in ingesting, smoking, administering or preparing cannabis, cocaine, phencyclidine, opium or any derivative thereof, or any other controlled substance, and includes the following:
    1. Metal, wooden, acrylic, glass, stone, plastic or ceramic marijuana (Cannabis sativa) or hashish pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
    2. Water pipes designed for use or intended for use with marijuana (Cannabis sativa), hashish, hashish oil, or cocaine;
    3. Carburation tubes and devices;
    4. Smoking and carburation masks;
    5. Roach clips;
    6. Separation gins designed for use or intended for use in cleaning marijuana;
    7. Cocaine spoons and vials;
    8. Chamber pipes;
    9. Carburetor pipes;
    10. Electric pipes;
    11. Air-driven pipes;
    12. Chilams;
    13. Bongs; and
    14. Ice pipes or chillers.
    C. “Minor” means any person who has not attained eighteen years of age.
    (Ord. 94-85 § 48 (part), 1994: Ord. 79-20 § 1 (part), 1979).

    9.17.020 Prohibition.

    It is unlawful for any person to have, possess, sell, offer to sell, dispense or give away any instrument adapted for the use of smoking, inhaling or ingesting any controlled substance. (Ord. 94-85 § 48 (part), 1994: Ord. 79-20 § 1 (part), 1979).

    9.17.030 Application.

    The provisions of this Chapter shall not apply to:
    A. Any person who has been authorized by the Department of Mental Health and Developmental Disabilities, with the approval of the Illinois State Police, to possess and deliver substances containing cannabis;

    B. Persons registered under federal law to conduct research with cannabis.
    (Ord. 94-85 § 48 (part), 1994: Ord. 79-20 § 1 (part), 1979)

    9.17.040 Violation--Penalty.

    A. Any person violating any provision of this Chapter shall be punished as provided in Chapter 1.08 of this Code.

    B. In addition to the penalty set forth in subsection A of this section, any person convicted of a violation of this Chapter shall be subject to revocation of the business license, if any, issued by the Village to said person.

    C. A violation of this Chapter is declared to be a public nuisance and shall be subject to abatement as provided by law.

    (Ord. 94-85 § 48 (part), 1994: Ord. 79-20 § 1 (part), 1979).
    Quote Quoting 1.08.010 Designated.
    A. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of any ordinance of the Village is guilty of a misdemeanor. Except in cases where a different punishment is prescribed by any ordinance of the Village, any person convicted of a misdemeanor under the ordinances of the village shall be punished by a fine not to exceed five hundred dollars, or the entry of an order of supervision pursuant to Section 1005-6-1 of Chapter 38, Illinois Revised Statutes (1979) as may be amended from time to time.

    B. Each such person is guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of the Village is committed, continued or permitted by any such person, and such person is punishable accordingly.

    (Ord. 81-15 § 2, 1981; Ord. 77-38 § 1, 1977).

  3. #3

    Default Re: Possession of Paraphernalia in Illinois

    Thank you, Aaron. Your response is much appreciated.

    Best regards.

    signed:

    dumber than a box of rocks.

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