ILCS » Chapter 720 · Act 600
Illinois Compiled Statutes

720 ILCS 600/4 (2026)

Exemptions

✓ current as of May 2026
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(720 ILCS 600/4) (from Ch. 56 1/2, par. 2104)
    Sec. 4. Exemptions. This Act does not apply to:
        (a) Items used in the preparation, compounding,
    
packaging, labeling, or other use of cannabis or a controlled substance as an incident to lawful research, teaching, or chemical analysis and not for sale.
        (b) Items historically and customarily used in
    
connection with the planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, or inhaling of cannabis, tobacco, or any other lawful substance.
        Items exempt under this subsection include, but are
    
not limited to, garden hoes, rakes, sickles, baggies, tobacco pipes, and cigarette-rolling papers.
        (c) Items listed in Section 2 of this Act which are
    
used for decorative purposes, when such items have been rendered completely inoperable or incapable of being used for any illicit purpose prohibited by this Act.
        (d) A person who is legally authorized to possess
    
hypodermic syringes or needles under the Hypodermic Syringes and Needles Act.
    In determining whether or not a particular item is exempt under this Section, the trier of fact should consider, in addition to all other logically relevant factors, the following:
        (1) the general, usual, customary, and historical use
    
to which the item involved has been put;
        (2) expert evidence concerning the ordinary or
    
customary use of the item and the effect of any peculiarity in the design or engineering of the device upon its functioning;
        (3) any written instructions accompanying the
    
delivery of the item concerning the purposes or uses to which the item can or may be put;
        (4) any oral instructions provided by the seller of
    
the item at the time and place of sale or commercial delivery;
        (5) any national or local advertising concerning the
    
design, purpose or use of the item involved, and the entire context in which such advertising occurs;
        (6) the manner, place and circumstances in which the
    
item was displayed for sale, as well as any item or items displayed for sale or otherwise exhibited upon the premises where the sale was made;
        (7) 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 cannabis or tobacco products;
        (8) the existence and scope of legitimate uses for
    
the object in the community.
(Source: P.A. 101-593, eff. 12-4-19.)

    
Notes of Decisions
Cited in 3 cases, 2011–2018 · leading case: People v. Fiumetto, 2018 IL App (2d) 170230 (Ill. App. Ct. 2018).
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People v. Fiumetto, 2018 IL App (2d) 170230 (Ill. App. Ct. 2018). · cites it 6× “In determining whether an item is exempt under section 4, the trier of fact should consider, in addition to all other logical factors, the general, usual, customary, and historical use of the item ( 720 ILCS 600/4(1) (West 2016) ) and the existence and scope of legitimate uses…”
People v. Carreon, 2011 IL App (2d) 100391 (Ill. App. Ct. 2011). · cites it 3× “” Section 4 of the Act (720 ILCS 600/4 (West 2008)) exempts certain items from the definition of drug paraphernalia.”
People v. Carreon, 960 N.E.2d 665 (Ill. App. Ct. 2011). · cites it 4× “" Section 4 of the Act (720 ILCS 600/4 (West 2008)) exempts certain items from the definition of drug paraphernalia.”
— 720 ILCS 600/4(1) — 1 case
People v. Fiumetto, 2018 IL App (2d) 170230 (Ill. App. Ct. 2018). “In determining whether an item is exempt under section 4, the trier of fact should consider, in addition to all other logical factors, the general, usual, customary, and historical use of the item ( 720 ILCS 600/4(1) (West 2016) ) and the existence and scope of legitimate uses…”
— 720 ILCS 600/4(8) — 1 case
People v. Fiumetto, 2018 IL App (2d) 170230 (Ill. App. Ct. 2018). “In determining whether an item is exempt under section 4, the trier of fact should consider, in addition to all other logical factors, the general, usual, customary, and historical use of the item ( 720 ILCS 600/4(1) (West 2016) ) and the existence and scope of legitimate uses…”
— 720 ILCS 600/4(b) — 3 cases
People v. Carreon, 2011 IL App (2d) 100391 (Ill. App. Ct. 2011). “” Section 4 of the Act (720 ILCS 600/4 (West 2008)) exempts certain items from the definition of drug paraphernalia.”
People v. Fiumetto, 2018 IL App (2d) 170230 (Ill. App. Ct. 2018). “In determining whether an item is exempt under section 4, the trier of fact should consider, in addition to all other logical factors, the general, usual, customary, and historical use of the item ( 720 ILCS 600/4(1) (West 2016) ) and the existence and scope of legitimate uses…”
People v. Carreon, 960 N.E.2d 665 (Ill. App. Ct. 2011). “" Section 4 of the Act (720 ILCS 600/4 (West 2008)) exempts certain items from the definition of drug paraphernalia.”
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