A. Cannabis Defined: "Cannabis" includes marijuana, hashish and other substances which are identified as including any part 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 tetrahydrocannabinol (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. “Cannabis” does not include industrial hemp as defined and authorized under the Industrial Hemp Act. “Cannabis” also means cannabis flower, concentrate, and cannabis-infused products.
B. Violation:
1. It shall be a violation of this section for any person under the age of twenty-one (21) years to knowingly possess any quantity of any substance containing cannabis, unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Program Act (410 ILCS 130/1 et seq.)
2. It shall be a violation of this section for any person who is a resident of this State to knowingly possess cannabis in excess of the following amounts:
a. Thirty (30) grams, but less than one hundred (100) grams, of cannabis flower;
b. Five hundred (500) milligrams tetrahydrocannabinol (THC) in cannabis-infused products; and
c. Five (5) grams cannabis concentrate.
The possession limits contained herein are to be considered cumulative.
3. It shall be a violation of this section for any person who is not a resident of this State to knowingly possess cannabis in excess of the following amounts:
a. Fifteen (15) grams, but less than one hundred (100) grams, of cannabis flower;
b. Two hundred fifty (250) milligrams tetrahydrocannabinol (THC) in cannabis-infused products; and
c. Two and a half (2.5) grams cannabis concentrate.
The possession limits contained herein are to be considered cumulative.
4. It shall be a violation of this section for any person to possess cannabis, as follows:
a. In a school bus, unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Program Act (410 ILCS 130/1 et seq.);
b. 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 Program Act (410 ILCS 130/1 et seq.);
c. 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
d. In a private residence that is used at any time to provide licensed child care or other similar social service care on the premises.
5. It shall be a violation of this section for any person to use cannabis, as follows:
a. In a school bus, unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Program Act (410 ILCS 130/1 et seq.);
b. 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 Program Act (410 ILCS 130/1 et seq.);
c. In any motor vehicle;
d. In a private residence that is used at any time to provide licensed child care or other similar social service care on the premises;
e. In any public place; or
f. Knowingly in close physical proximity to anyone under twenty-one (21) years of age who is not a registered medical cannabis patient under the Compassionate Use of Medical Cannabis Program Act (410 ILCS 130/1 et seq.);
6. It shall be a violation of this section for any person to smoke cannabis in any place where smoking is prohibited under the Smoke Free Illinois Act and in retail tobacco stores, as defined by the Smoke Free Illinois Act.
7 It shall be a violation of this section for any person to facilitate the use of cannabis by any person who is not allowed to use cannabis under the Village Code, the Cannabis Regulation and Tax Act or the Compassionate Use of Medical Cannabis Program Act (410 ILCS 130/1 et seq.).
8. It shall be a violation of this section for any person to transfer cannabis to any person contrary to the Village Code, the Cannabis Regulation and Tax Act or the Compassionate Use of Medical Cannabis Program Act (410 ILCS 130/1 et seq.).
9. It shall be unlawful for any person to knowingly permit his or her residence, any other private property under his or her control, or any vehicle under his or her control, to be used by a person under the age of twenty-one (21), unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Program Act (410 ILCS 130/1 et seq.).
10. It shall be unlawful for any person to cultivate cannabis unless permitted pursuant to the Compassionate Use of Medical Cannabis Program Act (410 ILCS 130/1 et seq.), except, that the effect of this subsection shall be limited to persons cultivating less than six (6) cannabis plants.
11. It shall be unlawful for any person permitted to cultivate cannabis pursuant to the Compassionate Use of Medical Cannabis Program Act to cultivate more than five (5) cannabis plants in excess of five (5) inches tall; to cultivate cannabis in a place that is not an enclosed, locked space; or to store cannabis plants in a location that is subject to ordinary public view.
C. Cannabis Paraphernalia Defined: "Cannabis paraphernalia" means all equipment, products and materials of any kind which are intended to be used for 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.
D. Possession Of Paraphernalia Related To The Use Of Cannabis:
1. It shall be unlawful for any person under the age of twenty-one (21) to knowingly possess an item of cannabis paraphernalia with the intent to use it in ingesting, inhaling, or otherwise introducing cannabis into the human body, or in preparing cannabis substance for that use.
2. It shall be unlawful for any person, firm or corporation to sell cannabis paraphernalia unless such person is employed and licensed as a dispensing agent by a dispensing organization.
3. In determining the intent under this section, the trier of fact may take into consideration the proximity of the cannabis to the cannabis paraphernalia or the presence of cannabis on the cannabis paraphernalia.
E. Exempt Items; Determination:
1. Items marketed for the use in the preparation, compounding, packaging, labeling, or other use of cannabis as an incident to lawful research, teaching, or chemical analysis and not for sale; or
2. Items marketed for, or historically and customarily used in connection with the planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, or inhaling of tobacco or any other lawful substance.
3. Items exempt under this subsection include, but are not limited to, garden hoes, rakes, sickles, baggies, tobacco pipes, and cigarette rolling papers.
4. Items listed in subsection C of this section which are marketed for decorative purposes, when such items have been rendered completely inoperable or incapable of being used for any illicit purpose prohibited by this section.
5. In determining whether or not a particular item is exempt under this subsection, the trier of fact should consider, in addition to all logically relevant factors, the following:
a. The general, usual, customary, and historical use to which the item involved has been put;
b. Expert evidence concerning the ordinary or customary use of the item and the effect of any peculiarity in the design or engineering of the device upon its functioning;
c. Any written instructions accompanying the delivery of the item concerning the purpose or uses to which the item can or may be put;
d. Any oral instructions provided by the seller of the item at the time and place of sale or commercial delivery;
e. Any national or local advertising concerning the design, purpose or use of the item involved and the entire context in which such advertising occurs;
f. The manner, place and circumstances in which the item was displayed for sale, as well as any item or items displayed for sale or otherwise exhibited upon the premises where the sale was made;
g. Whether the owner or anyone in control of the object is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
h. The existence and scope of legitimate uses for the object in the community.
F. All Cannabis Paraphernalia Subject To Forfeiture: Any cannabis paraphernalia that is subject of a violation of this section shall be subject to seizure and subject to forfeiture upon a finding of guilty of any person for a violation of this section. Upon appropriate order of court, said cannabis paraphernalia shall be destroyed. (Ord. O-36-05, 7-26-2005)
G. Exception: This section shall not apply to persons authorized to possess and use cannabis in those amounts permitted by the Illinois Cannabis Regulation and Tax Act and the Illinois Compassionate Use of Medical Cannabis Program Act. (Ord. O-23-14, 9-8-2014; amd. Ord. O-10-20, 2-10-2020)