CANNABIS: | Means 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 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 that is incapable of germination. “Cannabis” also means and includes for purposes of this chapter, cannabis flower, cannabis concentrate, and cannabis-infused product, unless those specific terms are used separately to differentiate separate regulations for any of them. |
CANNABIS BUSINESS ESTABLISHMENT: | Means a cultivation center, craft grower, processing organization, dispensing organization, or transporting organization, as those terms are defined in the Cannabis Regulation and Tax Act. |
CANNABIS CONCENTRATE: | Means a product derived from cannabis that is produced by extracting cannabinoids, including tetrahydrocannabinol (THC), from the plant through the use of propylene glycol, glycerin, butter, olive oil or other typical cooking fats; water ice, or dry ice; or butane, propane, CO2, ethanol, or isopropanol and with the intended use of smoking or making a cannabis-infused product. The use of any other solvent is expressly prohibited unless and until it is approved by the Department of Agriculture. |
CANNABIS CONTAINER: | Means a sealed, traceable, container, or package used for the purpose of containment of cannabis or cannabis-infused product during transportation. |
CANNABIS FLOWER: | Means 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; including raw kief, leaves, and buds, but not resin that has been extracted from any part of such plant; nor any compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or resin. |
CANNABIS-INFUSED PRODUCT: | Means a beverage, food, oil, ointment, tincture, topical formulation, or another product containing cannabis, or cannabis concentrate that is not intended to be smoked. |
CANNABIS PARAPHERNALIA: | Means equipment, products, or materials intended to be used for planting, propagating, cultivating, growing, harvesting, manufacturing, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, ingesting, or otherwise introducing cannabis into the human body. |
CONTROLLED SUBSTANCE: | Shall have the meaning ascribed to it in section 102 of the "Illinois controlled substances act" 1 , as the same may be amended from time to time, which statute and definition as the same may be amended are hereby expressly incorporated herein. |
DELIVER OR DELIVERY: | The actual, constructive or attempted transfer of possession, with or without consideration, whether or not there is an agency relationship. |
DRUG PARAPHERNALIA: | All equipment, products and materials of any kind, other than methamphetamine manufacturing materials as defined in section 10 of the methamphetamine control and community protection act 2 , and cannabis paraphernalia as defined in section 1-10 of the cannabis regulation and tax act 3 , which are intended to be used unlawfully in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of the Illinois controlled substances act 4 ; or the methamphetamine control and community protection act 5 ; or a synthetic drug product or misbranded drug in violation of the Illinois food, drug and cosmetic act 6 . It includes, but is not limited to: |
A. Kits intended to be used unlawfully in manufacturing, compounding, converting, producing, processing or preparing cannabis or a controlled substance. B. Isomerization devices intended to be used unlawfully in increasing the potency of any species of plant which is cannabis or a controlled substance. C. Testing equipment intended to be used unlawfully in a private home for identifying or in analyzing the strength, effectiveness or purity of a controlled substance. D. Diluents and adulterants intended to be used unlawfully for cutting a controlled substance by private persons.
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E. Objects intended to be used unlawfully in ingesting, inhaling, or otherwise introducing cocaine, a synthetic drug product or misbranded drug in violation of the Illinois food, drug and cosmetic act 7 , into the human body including, where applicable, the following items:
1. Water pipes; 2. Carburetion tubes and devices; 3. Smoking and carburetion masks; 4. Miniature cocaine spoons and cocaine vials; 5. Carburetor pipes; 6. Electric pipes; 7. Air driven pipes; 8. Chillums; 9. Bongs; 10. Ice pipes or chillers; F. Any item whose purpose, as announced or described by the seller, is for use in violation of section 5-8-3 of this chapter. | |
POSSESS: | An act of physical dominion over cannabis, cannabis paraphernalia, and/or drug paraphernalia or exclusive control over the premises where the cannabis, cannabis paraphernalia, and/or drug paraphernalia is found. For purposes of this definition, exclusive control may occur even though possession is jointly held or shared. |
PUBLIC PLACE: | 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” includes all areas in a park, recreation area, wildlife area or playground owned in whole or in part, leased, or managed 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 childcare, foster care, or other similar social service care on the premises. |
USABLE CANNABIS: | Means the seeds, leaves, buds, and flower of the cannabis plant and any mixture or preparation thereof, but does not include the stalks, and roots of the plant. It does not include the weight of any non-cannabis ingredients combined with cannabis, such as ingredients added to prepare a topical administration, food or drink. (Ord. 2017-16, 2-21-2017; amd. Ord. 2019-106, 12-17-2019) |
Notes
| 1 | 1. 720 ILCS 570/102. |
| 2 | 2. 720 ILCS 570/100 et seq. |
| 3 | 3. 720 ILCS 646/1 et seq. |
| 4 | 2. 720 ILCS 570/100 et seq. |
| 5 | 3. 720 ILCS 646/1 et seq. |
| 6 | 410 ILCS 620/1 et seq. |
| 7 | 410 ILCS 620/1 et seq. |