(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires different meaning:
CANNABIS. Includes marijuana, hashish and any other substances which 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, and resin extracted from any part of such plant, 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.
CANNABIS CONCENTRATE. A product derived from cannabis that is produced by extracting cannabinoids, including tetrahydrocannabinol (THC), 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, C02, ethanol, or isopropanol and with the intended use of smoking or making a cannabis-infused product. The use of any other solvent is expressly prohibited unless and until it is approved by the Department of Agriculture.
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 indica, 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 seeds, or resin.
CANNABIS-INFUSED PRODUCT. A beverage, food, oil, ointment, tincture, topical formulation, or another product containing cannabis or cannabis concentrate that is not intended to be smoked.
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.
CONTROLLED SUBSTANCE. A drug, substance or immediate precursor in the schedules of Article II of the Illinois Controlled Substances Act, being ILCS Ch. 720, Act 570 §§ 201 through 215, as the same may be, from time to time, amended, which is herein incorporated by reference.
EXEMPT PERSON. Includes all persons who may, under the laws of the state of Illinois lawfully sell, offer for sale, deliver, dispense, distribute and possess, as the case may be, controlled substances, cannabis and/or hypodermic syringes and hypodermic needles.
HYPODERMIC SYRINGE AND HYPODERMIC NEEDLES Include, in addition to their ordinary dictionary meanings, any instrument adapted for the use of controlled substances or cannabis by subcutaneous injection.
(B) Sale of drugs, syringes and needles prohibited. No person, other than an exempt person, shall sell, offer for sale, dispense, deliver, distribute or possess any controlled substance, hypodermic syringes and/or hypodermic needles within the corporate limits of the village.
(C) Possession of cannabis. It is unlawful for any person knowingly to possess more than 30 grams of cannabis flower, 500 milligrams of THC contained in cannabis-infused product, or five grams of cannabis concentrate. It is unlawful for any person who is 21 years of age or older and who is not a resident of this State to possess more than 15 grams of cannabis flower, 2.5 grams of cannabis concentrate, or 250 milligrams of THC contained in a cannabis-infused product. Any person in violation of this section shall be fined not less than $350.
(D) Possession of Cannabis Under 21 Prohibited. No person under the age of 21 years old shall possess cannabis, its concentrate, or derivative in any form. Any person in violation of this section shall be fined not less than $250 for possessing up to 30 grams of cannabis and not less than $500 for possessing up to 100 grams of cannabis.
(E) Possession in specific locations prohibited.
(1) No person shall possess cannabis, its concentrate, or derivative in any form, in any of the following places:
(a) School bus, unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Pilot Program Act;
(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 Pilot Program Act;
(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 private residences which are used at any time to provide licensed child care or other similar social service care.
(2) Any person in violation of this division (E) shall be fined not less than $500.
(F) Consumption of cannabis under 21 prohibited. No person under the age of 21 years old shall consume cannabis, its concentrate, or derivative in any form. Any person in violation of this division (F) shall be fined not less than $250.
(G) Consumption in specific locations prohibited.
(1) No person shall use or otherwise consume cannabis in any form in any of the following places:
(a) In a school bus, unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Pilot Program Act;
(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 Pilot Program Act;
(c) In any correctional facility;
(d) In any motor vehicle;
(e) In a private residence that is used at any time to provide licensed child care or other similar social service care on the premises;
(f) In any public place; or
(g) 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.
(2) Any person in violation of this division (G) shall be fined not less than $500.
(H) Sale of cannabis. No person, corporation, or entity of any kind shall sell, distribute, or transfer cannabis to any person under the age of 21. Any person in violation of this division (H) shall be fined not less than $500, and, when applicable, shall constitute grounds for revocation and/or suspension of any and all village licenses issued to the persons/premises where the violations occur. The revocation or suspension shall be provided for in the ordinance granting the license.
(I) Transfer of cannabis. It shall be unlawful for any person, corporation, or entity to transfer, sell, or offer for sale cannabis, its concentrate, or derivative in any form without an Illinois Cannabis Retailers Certificate of Registration or otherwise contrary to the Illinois Cannabis Regulation and Tax Act or Medical Cannabis Pilot Program Act. Any person in violation of this division (I) shall be fined not less than $500, and, when applicable, shall constitute grounds for revocation and/or suspension of any and all village licenses issued to the persons/premises where the violations occur. The revocation or suspension shall be provided for in the ordinance granting the license.
(J) Cultivation of cannabis. Cultivation of any form of cannabis is prohibited except as when such cultivation is in compliance with Section 10-5(b) of the Cannabis Regulation and Tax Act (ILCS Ch. 410, Act 705, § 10-5). Any person in violation of this division (J) shall be fined not less than $200.
(K) Possession in violation of ILCS Ch. 720, Act 550, § 8. It is unlawful for any person knowingly to produce the Cannabis sativa plant or to possess such plants unless production or possession is authorized by Section 11 or 15.2 of the Cannabis Control Act (ILCS Ch. 720, Act 550, §§ 11 and 15.2). Any person who violates this division (K) with respect to production or possession of not more than 5 plants is guilty of a civil violation punishable by a minimum fine of $ 100 and a maximum fine of $200.
(L) Exempt persons. All persons who may, under the Illinois Compassionate Use of Medical Cannabis Program Act and Illinois Cannabis Regulation and Tax Act, lawfully sell, offer for sale, deliver, dispense, distribute, and possess cannabis, are exempt from the penalties under this Code to the extent such conduct is allowed under the Illinois Compassionate Use of Medical Cannabis Program Act and Illinois Cannabis Regulation and Tax Act.
(Ord. 3260, passed 9-21-20)