TOUGHER PARAPHERNALIA LAW SOUGHT

BLOOMINGTON -- The small blue object attached to the key chain looks like a
flashlight, but unscrew the top and it becomes a marijuana pipe.

The flashlight pipe and other such objects -- pipes concealed in or made to
look like pens, markers and even cigarettes -- are marketed for tobacco use.
That means they can be sold legally, even though law enforcement officials
believe they exist solely for drug use.

Now, Twin City officials are advocating a proposed law that would outlaw all
objects "intended to be used as drug paraphernalia" as well as devices that
a "reasonable person" would identify as drug paraphernalia.

Broader definition

State Rep. Dan Brady, R-Bloomington, said the proposal will help police and
prosecutors by clarifying an ambiguous standard. He spoke at a news
conference Monday at the McLean County Law and Justice Center.

"Whether individuals are using common household items like cardboard and
aluminum foil to ingest illegal drugs or are using a manufactured pipe, this
will enable our law enforcement officials to charge them for using drug
paraphernalia," Brady said.

McLean County State's Attorney Bill Yoder supports the proposal. He said it
would close a loophole exposed by a 4th District Appellate Court decision
that limited the legal definition of "drug paraphernalia" to items marketed
for drug use.

"There's nothing that's marketed for drug use," Yoder said. "It's all
marketed for tobacco use, so you couldn't prove a drug-paraphernalia case."

Bloomington Police Lt. Tim Stanesa said police regularly are unable to
arrest people who possess drug paraphernalia because the items weren't
marketed for drug use.

"It's frustrating because most of the drug paraphernalia is of the homemade
variety," Stanesa said.

Jury consideration

Still, some devices commonly used for taking drugs also can be used for
legal activities, such as smoking tobacco. If the law passes, juries in
contested cases will have the final say on whether a particular item is drug
paraphernalia.

Brady said the law also could be used to stop stores from selling drug
paraphernalia. Yoder said he'll have to review the final wording of the
measure, if it becomes law, before determining how to apply it.

Possession of drug paraphernalia is a misdemeanor punishable by up to a year
in jail and a mandatory $750 fine. Sale of drug paraphernalia is a Class 4
felony that carries a penalty ranging from probation to three years in
prison.

Brady said he expects the House to vote on the proposal in the next two to
three weeks.

The proposal is supported by various law enforcement groups, including the
Illinois Sheriff's Association and the Illinois Fraternal Order of Police.

The proposal is House Bill 1208.