§ 130.16  POSSESSION OF CANNABIS.
   (A)   Possession, exceeding state limits. It shall be unlawful for and no person shall possess more than 30 grams of raw cannabis, cannabis-infused products containing more than 500 milligrams of THC, or five grams of cannabis product in concentrated form. It shall further be unlawful for and no person shall possess cannabis at the following locations:
      (1)   In a school bus, unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Pilot Program Act;
      (2)   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 Pilot Program Act;
      (3)   In any correctional facility;
      (4)   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
      (5)   In a private residence that is used at any time to provide licensed child care or other similar social service care on the premises.
   (B)   Possession, sale or providing to minors prohibited.
      (1)   It shall be unlawful for and no person under the age of 21 shall possess, consume, or use any substance containing cannabis or THC, except as allowed by the Compassionate Use of Medical Cannabis Program Act, as amended.
      (2)   It shall be unlawful for and 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 21, except as allowed by the Compassionate Use of Medical Cannabis Program Act, as amended.
   (C)   Unlawful consumption of cannabis. It shall be unlawful for and no person shall use cannabis or cannabis-infused products at the following locations:
      (1)   In a school bus, unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Pilot Program Act;
      (2)   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 Pilot Program Act;
      (3)   In any correctional facility;
      (4)   In any motor vehicle;
      (5)   In a private residence that is used at any time to provide licensed child care or other similar social service care on the premises;
      (6)   In any public place; or
      (7)   Knowingly in close physical proximity to anyone under 21 years of age who is not a registered medical cannabis patient under the Compassionate Use of Medical Cannabis Pilot Program Act; or in any place where smoking is prohibited under the Smoke Free Illinois Act.
   (D)   Unlawful possession of cannabis plant. It shall be unlawful for any person to possess a cannabis sativa plant, except as provided by the Cannabis Regulation and Tax Act, as may be amended. It shall further be unlawful to have a cannabis sativa plant in ordinary public view.
   (E)   Penalty. Any person who pleads guilty or liable or is found guilty or liable by a court of law or administrative tribunal for a violation of this section shall be fined as follows:
      (1)   Divisions (A) through (C) shall be punished by a fine of $250.
      (2)   Division (D) shall be punished by a fine of $250 per cannabis sativa plant.
   (F)   Exceptions.
      (1)   Any person who manufactures, distributes, dispenses, or is in possession of any controlled substance for research purposes, pursuant to 720 ILCS 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 Program Act, as amended, may grow up to five cannabis plants within a secured enclosed facility.
      (3)   Possession and/or consumption by any person in possession of a compassionate use of medical cannabis card, as provided by the Compassionate Use of Medical Cannabis Program Act, as may be amended, where said possession and/or consumption is authorized by and in accordance with said Act.
      (4)   Any person who is licensed and authorized by the State of Illinois to dispense, cultivate, grow, infuse or deliver cannabis or substances containing THC to the extent it is permitted and authorized by state law.
   (G)   Admissibility of cannabis. In a prosecution for a violation of this section, 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.
   (H)   Relationship to state laws. Except as provided herein, violations of this section shall be considered civil in nature and prosecuted as local ordinance violations. The village may however, in its discretion, refer violations involving the possession or consumption of cannabis under the Cannabis Control Act, or other applicable law, to the State's Attorney for charges pursuant to state law instead of bringing charges pursuant to this section, but no person shall be charged both pursuant to this chapter and State law for the same offense. If the law requires a charge involving the possession or consumption of cannabis to be referred to the state's attorney to be charged criminally pursuant to state law, the village shall make such a referral and shall not prosecute the violation as a local ordinance violation.
(Ord. 19-39, passed 12-23-19)