(A) Definitions. For the purposes of this section, the following definitions shall apply:
CANNABIS. Includes marihuana, hashish and other substances which are identified as including any parts of the plant Cannabis Sativa, whether growing or not; the seeds thereof, the resin extracted from any part of such plant; and any compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or resin, including tetrahydrocatmabinol (THC) and all other cannabinol derivatives, including its naturally occurring or synthetically produced ingredients, whether produced directly or indirectly by extraction, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis; but shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of such plant which is incapable of germination.
CASUAL DELIVERY. The delivery of not more than ten grams of any substance containing cannabis without consideration.
DRUG PARAPHERNALIA. All equipment, products and materials of any kind, other than methamphetamine manufacturing materials as defined in the Methamphetamine Control and Community Protection Act (ILCS Ch. 720, Act 646, §§ 1 et seq.), 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 cannabis or a controlled substance in violation of the Illinois Cannabis Control Act (ILCS Ch. 720, Act 550, §§ 1 et seq.), the Illinois Controlled Substances Act (ILCS Ch. 720, Act 570, §§ 100 et seq.), or the Methamphetamine Control and Community Protection Act. 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 cannabis or controlled substances;
(d) Diluents and adulterants intended to be used unlawfully for cutting cannabis or a controlled substance by private persons;
(e) Objects intended to be used unlawfully in ingesting, inhaling, or otherwise introducing cannabis, cocaine, hashish, or hashish oil 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; or
(f) Any item whose purpose, as announced or described, is for use in violation of this section.
(B) Prohibitions.
(1) It shall be unlawful for any person to knowingly possess or casually deliver any cannabis or any substance containing cannabis. This division shall only apply to possession or casual delivery of such substance in an amount not exceeding ten grams.
(2) It shall be unlawful for any person to knowingly suffer, permit, or allow the violation of the provisions of division (B)(1) of this section in any motor vehicle, conveyance, vessel, house, apartment, room, shed, yard, premises, or other area of which such person is the owner, lessee, permittee, bailee, legal possessor or occupier thereof.
(3) A parent or guardian is deemed to have permitted his or her residence to be in violation of division (B)(1) of this section if he or she knowingly authorizes, enables, or permits such possession to occur by an invitee of the parent's child or the guardian's ward by failing to control access to the residence.
(4) It is unlawful for any person to remain in any motor vehicle, conveyance, vessel, house, apartment, room, shed, yard, premises, or other area when said person knows, or reasonably should know, that one or more other persons located in such motor vehicle, conveyance, vessel, house, apartment, room, shed, yard, premises, or other area are in possession of any cannabis or any substance containing cannabis. This division shall only apply to possession of such substance in an amount not exceeding ten grams.
(5) It shall be unlawful for any person to knowingly possess an item of drug paraphernalia in the presence of cannabis or any substance containing cannabis in an amount not exceeding ten grams.
(C) Prima facie proof. Whenever a person is present within any motor vehicle, conveyance, vessel, house, apartment, room, shed, yard, premises, or other area of which such person is the owner, lessee, permittee, bailee, legal possessor or occupier at the time that a violation of the provisions of division (B) of this section occurs therein, said presence shall be prima facie evidence that such person had knowledge of such violation.
(D) Medical use of cannabis. Notwithstanding anything contained in this section to the contrary, pursuant to the Compassionate Use of Medical Cannabis Program Act, as it maybe amended from time to time (ILCS Ch. 410, Act 130, §§ 1 et seq.) (the "Medical Cannabis Act"), the immunities and presumptions set forth in the Medical Cannabis Act related to the medical use of cannabis are hereby incorporated herein by reference to the extent applicable.
(E) Fines. Any person convicted of a violation under this section shall be subject to the following fines:
(1) First violation, $100;
(2) Second violation, $250;
(3) Third violation and any violation thereafter, $750.
(Ord. 2334, passed 11-17-2016)