A. Violation: No person shall possess more than thirty grams (30g) of raw cannabis, cannabis-infused products containing more than five hundred milligrams (500mg) of THC, or five grams (5g) of cannabis product in concentrated form.
B. Possession, Sale, Or Providing To Minors Prohibited:
1. No person under the age of twenty one (21) shall possess, consume, or use any substance containing cannabis or THC, except as allowed by the Compassionate Use of Medical Cannabis Pilot Program Act as amended.
2. No person, after purchasing or otherwise obtaining any substance containing cannabis or THC shall, sell, give, or deliver such substance to a person under the age of twenty one (21), except as allowed by the Compassionate Use of Medical Cannabis Pilot Program Act as amended.
C. Unlawful Consumption Of Cannabis: No person shall use cannabis or cannabis-infused products in public or knowingly within the presence of a person under the age of twenty one (21), except as allowed by the Compassionate Use of Medical Cannabis Pilot Program Act as amended and as otherwise provided by this Code. For purposes of this subsection, public does not include a residential property when the person is within their residential structure or is not visible from the public right-of-way.
D. Unlawful Possession Of Cannabis Plant: It shall be unlawful for any person to possess a cannabis plant, except as provided by the Cannabis Regulation and Tax Act, as hereby amended. Possession of five (5) or fewer cannabis sativa plants may be prosecuted as an ordinance violation.
E. Penalty: Any person who pleads guilty or is found guilty by a court of law for a violation of this section shall be fined as follows:
1. Subsection A. shall be punished by a minimum fine of not less than one hundred dollars ($100.00) and no more than two hundred dollars ($200.00), when the amount is 40 grams or less.
2. Subsection B. shall be fined not less than two hundred fifty dollars ($250.00) and no more than seven hundred fifty dollars ($750.00).
3. Subsection C. shall be fined not less than seventy-five dollars ($75.00).
4. Subsection D. shall be fined not less than one hundred dollars ($100.00) and no more than two hundred dollars ($200.00).
F. Administrative Remedy: Any person found in violation of this section may settle their matter administratively through the city's administrative pay by mail program instead of being prosecuted through the judicial city court system. Payments must be made within ten (10) business days from the date of issuance of the citation to the person accused of the violation; there shall be no limit on the number of times a person is eligible for pay by mail for a violation of this section.
1. Any person found to be in violation of subsection A. shall remit a pay by mail fee as follows:
a. 31-40 grams ______________$100.00,
b. 41-60 grams ______________$250.00,
c. 61-80 grams ______________$500.00, or
d. 81-100 grams _____________ $750.00.
2. Any person found to be in violation of subsection B. shall pay a two hundred fifty dollars ($250.00) pay by mail fee.
3. Any person found to be in violation of subsection C. shall pay a seventy-five dollars ($75.00) pay by mail fee.
G. Forfeiture: Any items which may be seized or forfeited pursuant to 720 Illinois Compiled Statutes 550/12, may be forfeited in the same manner as described therein for a violation of this section.
H. Exceptions:
1. Any person who manufactures, distributes, dispenses, or is in possession of any controlled substance for research purposes pursuant to 720 Illinois Compiled Statutes 550/11, as hereafter amended shall be exempt from the provisions of this section.
2. Any person in possession of a compassionate use of medical cannabis card as provided by the Compassionate Use of Medical Cannabis Pilot Program Act as amended, may grow up to five (5) cannabis plants within a secured enclosed facility.
3. Any person who is licensed by the State of Illinois to dispense, cultivate, infuse or deliver cannabis or substances containing THC.
I. Expungement: The Carbondale Police Department shall expunge any violation of 14-7-2 of the Carbondale Revised Code that is six (6) months or older that has been settled through the city's administrative pay by mail program on or before January 1 and July 1 of each year; except those offenses as outlined in 20 ILCS 2630/5.2.
J. Admissibility Of Cannabis: In a prosecution for a violation of Section 14-7-2, evidence of cannabis shall only be admitted into evidence based upon:
(1) A properly administered field test; or
(2) Opinion testimony of a peace officer based on the officer's training and experience as qualified by the court. (Ord. 2004-15; Ord. 2019-30)