(A) Definitions. Whenever reference is made in this Chapter to the "Illinois Cannabis Act" or the "Cannabis Act" it shall mean the Cannabis Regulations and Tax Act of Illinois approved June 25, 2019, in force January 1, 2020 (ILCS Ch. 410, Act 705, §§ 1 et seq.). All other words and phrases used herein shall have the same meaning as the same or similar words or phrases defined by and used in said Cannabis Regulations and Tax Act, including the following:
ACT. The Cannabis Regulation and Tax Act of Illinois approved 605-19 as Public Act 101-0027 (ILCS Ch. 410, Act 705, §§ 1 et seq.).
CANNABIS. Marijuana, hashish, and other substances that are identified as including any parts of the plan Cannabis sativa and including derivatives or subspecies, such as indica, of all strains of cannabis, whether growing or not; the seeds thereof, the resin extracted from any part of the plant; and any compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin, including tetrahydrocannabinol (THC) and all other naturally produced cannabinol derivatives, whether produced directly or indirectly by extraction; however, CANNABIS does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted from it), fiber, oil or cake, or the sterilized seed of the plant this incapable of germination. CANNABIS does not include industrial hemp as defined and authorized under the Industrial Hemp Act. CANNABIS also means concentrate and. cannabis-infused products.
CANNABIS CONTAINER. A sealed, traceable container, or package used for the purpose of containment of cannabis or cannabis-infused product during transportation.
PUBLIC PLACE. Any place where a person could be reasonably expected to be observed by others. A PUBLIC PLACE does not include a private residence unless the private residence is used to provide licensed child care, foster care, or other similar social service care on the premises. A PUBLIC PLACE includes, but is not limited to, hospitals, restaurants, retail stores, offices, commercial establishments, elevators, indoor theaters, libraries, museums, concert halls, public conveyances, educational facilities, nursing homes, auditoriums, enclosed or partially enclosed sports arenas, meeting rooms, schools, exhibition halls, convention facilities, polling places, private clubs, gaming facilities, all government owned vehicles and facilities, including buildings and vehicles owned, leased, or operated by the State or State subcontract, healthcare facilities or clinics, enclosed shopping centers, retail service establishments, financial institutions, educational facilities, ticket areas, public hearing facilities, public restrooms, waiting areas, lobbies, bars, taverns, bowling alleys, skating rinks, reception areas, and hotels, motels, resorts, inns, lodges, bed and breakfasts, or other similar public accommodation that are rented to guests, excluding private residences.
(B) Possession and use restrictions.
(1) It shall be unlawful for any person under the age of 21 to possess or use cannabis who is not a registered medical cannabis patient under the Compassionate Use Of Medical Cannabis Pilot Program Act.
(2) It shall be unlawful to possess or use cannabis on a school bus, grounds of a preschool primary or secondary school, unless used by a qualifying patient or caregiver pursuant to the Compassionate Use or Medical Cannabis Pilot Program Act.
(3) It shall be unlawful to possess or use cannabis in a private residence used at any time to provide licensed childcare.
(4) It shall be unlawful to use cannabis in any motor vehicle, in any public place or in any other place where smoking is prohibited under the Smoke Free Illinois Act (see ILCS Ch. 410, Act 82, §§ 1 et seq.).
(5) It shall be unlawful to facilitate the use of cannabis by a person not allowed to use cannabis under the Act.
(6) It shall be unlawful to knowingly use cannabis in close proximity to anyone under the age of 21 who is not a registered medical cannabis patient under the Compassionate Use of Medical Cannabis Pilot Program Act.
(7) It shall be unlawful to grow cannabis unless authorized by the Compassionate Use of Medical Cannabis Pilot Program Act.
(8) It shall be unlawful for a person who is 21 years or older and a resident of Illinois to possess more than:
(a) Thirty (30) grams of cannabis flower;
(b) Five hundred (500) milligrams of THC contained in a cannabis-infused product; or
(c) Five (5) grams of cannabis concentrate.
(9) It shall be unlawful for a non-resident of Illinois to possess more than:
(a) Fifteen (15) grams of cannabis flower;
(b) Two hundred fifty (250) grams of THC contained in a cannabis-infused product; or
(c) Two and one-half (2.5) grams of cannabis concentrate.
(10) It shall be unlawful for a person to possess and/or transport cannabis outside of a private residence without a cannabis container.
(11) It shall be unlawful for a parent or guardian to knowingly permit his or her residence or any other private property under his or her control, or any vehicle under his or her control to permit the consumption of cannabis by a person under the age of 21.
(C) Penalty. A person found to be in violation of any of the provisions herein shall be fined in an amount not to exceed seven hundred and fifty dollars ($750) for each offense. Each day of a continuing violation shall be deemed a separate offense. The penalties authorized herein shall be cumulative, and the village's pursuit of any one or more penalties shall not be a defense to another.
(Ord. 20-01-20-02, passed 1-20-2020)