(A) Definitions.
1. a. "Cannabis" shall mean marijuana, hashish, and other substances that are identified as including any parts of the plant 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, and 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 that is incapable of germination as defined in the Cannabis Regulation and Tax Act (410 ILCS 705/1-1 et seq.) as amended from time to time.
b. “Cannabis” also means cannabis flower, concentrate, and cannabis-infused products.
c. “Cannabis” does not include industrial hemp as defined and authorized under the Industrial Hemp Act.
2. “Public place” shall mean any place where a person could reasonably be expected to be observed by others. “Public place” includes all parts of buildings owned in whole or in part, or leased, by the State or a unit of local government. “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.
(B) Cannabis possession is prohibited as follows:
1. It shall be unlawful for any person who is twenty-one (21) years of age or older to knowingly possess cannabis, in excess of the following quantities:
a. More than thirty (30) grams of cannabis flower; or
b. More than five hundred (500) milligrams of THC contained in cannabis infused product; or
c. More than five (5) grams of cannabis concentrate.
2. It shall be unlawful for any person to knowingly possess any quantity of any substance containing cannabis while:
a. In a school bus, unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Program Act; or
b. On the grounds of any preschool or primary or secondary school, unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Program Act; or
c. In a vehicle not open to the public unless the cannabis is in a reasonably secured, sealed container and reasonably inaccessible while the vehicle is moving; or
d. In a private residence that is used at any time to provide licensed child care or other similar social service care on the premises.
3. It shall be unlawful for any person under the age of twenty-one (21) years to possess any amount of cannabis and any person under the age of twenty-one (21) with cannabis in his or her possession is guilty of a civil law violation except when otherwise authorized by law.
(C) Cannabis use is prohibited as follows:
1. In any public place; or
2. Knowingly in close physical proximity to anyone under twenty-one (21) years of age who is not a registered medical cannabis patient under the Compassionate Use of Medical Cannabis Program Act; or
3. Smoking cannabis in any place where smoking is prohibited under the Smoke Free Illinois Act; or
4. While operating, navigating, or while physically controlling any motor vehicle, aircraft, or motorboat or being under the influence of cannabis in violation of Section 11-501 or 11-502.1 of the Illinois Vehicle Code; or
5. Facilitating the use of cannabis by any person who is not allowed to use cannabis under the Cannabis Regulation and Tax Act or the Compassionate Use of Medical Cannabis Program Act.
(D) The transfer of cannabis to any person contrary to the Cannabis Regulation and Tax Act or the Compassionate Use of Medical Cannabis Program Act is strictly prohibited.
(E) It shall be unlawful for any parent or guardian to knowingly permit his or her residence, any other private property under his or her control, or any vehicle, conveyance, or watercraft under his or her control to be used by an invitee of the parent’s child or the guardian’s ward, if the invitee is under the age of twenty-one (21), in a manner that constitutes a violation of this section. A parent or guardian is deemed to have knowingly permitted his or her residence, any other private property under his or her control, or any vehicle, conveyance, or watercraft under his or her control to be used in violation of this section if he or she knowingly authorizes or permits consumption of cannabis by underage invitees. (Ord. 84-26, 9-24-84; amd. Ord. 21-03, 3-29-2021)