For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CANNABIS. 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, 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" does not include industrial hemp as defined and authorized under the Illinois Industrial Hemp Act. CANNABIS also means cannabis flower, concentrate, and cannabis-infused products. (410 ILCS 705/1-10).
CANNABIS CONCENTRATE. A product derived from cannabis that is produced by extracting cannabinoids 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. The use of any other solvent is expressly prohibited unless and until it is approved by the Illinois Department of Agriculture (410 ILCS 705/1-10).
CANNABIS CONTAINER. A sealed, traceable, container, or package used for the purpose of containment of cannabis or cannabis-infused product during transportation (410 ILCS 705/1-10).
CANNABIS FLOWER. Marijuana, hashish, and other substances that are identified as including any parts of the plant Cannabis sativa and including derivatives or subspecies, such as indicia, 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 seed, or resin (410 ILCS 705/1-10).
CANNABIS PARAPHERNALIA. 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 (410 ILCS 705/1-10).
CANNABIS-INFUSED PRODUCT. A beverage, food, oil, ointment, tincture, topical formulation, or another product containing cannabis that is not intended to be smoked (410 ILCS 705/1-10).
CONTROLLED SUBSTANCE. The meaning ascribed to it in § 102 of the Illinois Controlled Substances Act, 720 ILCS 570/102, as if that definition were 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.
DISTRIBUTE. To transfer possession of, whether with or without consideration.
DRUG PARAPHERNALIA. All equipment, products and materials of any kind, other than methamphetamine manufacturing materials as defined in Section 10 of the Illinois Methamphetamine Control and Community Protection Act and cannabis paraphernalia as defined in Section 1-10 of the Cannabis Regulation and Tax Act, 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 Substance Act or the Methamphetamine Control and Community Protection Act or a synthetic drug product or misbranded drug in violation of the Illinois Food, Drug and Cosmetic Act. The term DRUG PARAPHERNALIA includes, but is not limited to:
(1) Kits intended to be used unlawfully in manufacturing, compounding, converting, producing, processing or preparing a controlled substance;
(2) Isomerization devices intended to be used unlawfully in increasing the potency of any species of plant which is a controlled substance;
(3) Testing equipment intended to be used unlawfully in a private home for identifying or in analyzing the strength, effectiveness or purity of controlled substances;
(4) Diluents and adulterants intended to be used unlawfully for cutting a controlled substance by private persons;
(5) Objects intended to be used unlawfully in ingesting, inhaling, or otherwise introducing cocaine or a synthetic drug product or misbranded drug in violation of the Illinois Food, Drug and Cosmetic Act into the human body including, where applicable, the following items:
(a) Water pipes;
(b) Carburetion tubes and devices;
(c) Smoking and carburetion masks;
(d) Miniature cocaine spoons and cocaine vials;
(e) Carburetor pipes;
(f) Electric pipes;
(g) Chillums;
(h) Bongs;
(i) Ice pipes or chillers;
(j) Any item whose purpose, as announced or described by the seller, is for the use in violation of the Illinois Drug Paraphernalia Control Act (720 ILCS 600).
HARMFUL MATERIAL. The material is harmful if, to the average person, applying contemporary standards, its predominant appeal, taken as a whole, is to the prurient interest, that is, a shameful or morbid interest in nudity, sex or excretion, which goes substantially beyond customary limits of candor in description or representation of such matters, and is material the redeeming social importance of which is substantially less than its prurient appeal.
INTENT TO DEFRAUD. The use of deception with the intention to injure another’s interest which has economic value.
KNOWINGLY. Having knowledge of the content of the subject matter, or recklessly failing to exercise reasonable inspection which would have disclosed the contents thereof.
LEWD ACT.
(1) An exposure of one’s genitals or female breasts;
(2) The touching, caressing or fondling of the genitals or female breasts;
(3) Sexual intercourse;
(4) Masturbation; and
(5) Urination or defecation in a place other than a toilet or urinal.
MATERIAL. Any writing, picture, record or other representation of embodiment.
OBSCENE. Any material or performance is OBSCENE if:
(1) The average person, applying contemporary adult community standards, would find that, taken as a whole, it appeals to the prurient interest;
(2) The average person, applying contemporary adult community standards, would find that it depicts or describes, in a patently offensive way, ultimate sexual acts or sadomasochistic sexual acts, whether normal or perverted, actual or simulated, or masturbation, excretory functions or lewd exhibition of the genitals; and
(3) Taken as a whole it lacks serious literary, artistic, political or scientific value.
PUBLIC PLACE. Any place where the conduct may reasonably be expected to be viewed by others.
TOBACCO PRODUCTS. Any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco or dipping tobacco, and any nicotine delivery systems other than those prescribed by a physician.
(Ord. 95-04-19, passed 4-4-1995; Ord. 2020-01- 01, passed 1-20-2020)