Beginning January 1, 2020, notwithstanding any other provision of law, and except as otherwise provided in this chapter and the Cannabis Regulation and Tax Act, possessing, consuming, using, purchasing, obtaining, or transporting an amount of cannabis purchased or produced in accordance with this chapter that does not exceed the possession limit under this chapter or subsection (a) of Section 10-10 of the Act shall not be a basis for seizure or forfeiture of assets under State law. Cultivating cannabis for personal use is subject to the following limitations:
(a) An Illinois resident twenty-one years of age or older who is a registered qualifying patient under the Compassionate Use of Medical Cannabis Pilot Program Act [410 ILCS 130/1 et seq.] may cultivate cannabis plants, with a limit of five plants that are more than five inches tall, per household without a cultivation center or craft grower license. In this section, "resident" means a person who has been domiciled in the State of Illinois for a period of thirty days before cultivation.
(b) Cannabis cultivation must take place in an enclosed locked space.
(c) Adult registered qualifying patients may purchase cannabis seeds from a dispensary for the purpose of home cultivation. Seeds may not be given or sold to any other person.
(d) Cannabis plants shall not be stored or placed in a location where they are subject to ordinary public view, as defined in the Act. A registered qualifying patient who cultivates cannabis under this section shall take reasonable precautions to ensure the plants are secure from unauthorized access, including unauthorized access by a person under twenty-one years of age.
(e) Cannabis cultivation may occur only on residential property lawfully in possession of the cultivator or with the consent of the person in lawful possession of the property. An owner or lessor of residential property may prohibit the cultivation of cannabis by a lessee.
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(g) A dwelling, residence, apartment, condominium unit, enclosed, locked space, or piece of property not divided into multiple dwelling units shall not contain more than five plants at any one time.
(h) Cannabis plants may only be tended by registered qualifying patients who reside at the residence, or their authorized agent attending to the residence for brief periods, such as when the qualifying patient is temporarily away from the residence.
(i) A registered qualifying patient who cultivates more than the allowable number of cannabis plants, or who sells or gives away cannabis plants, cannabis, or cannabis-infused products produced under this section, is liable for penalties as provided by law, including the Cannabis Control Act [720 ILCS 550/1 et seq.], in addition to loss of home cultivation privileges as established by rule.
(Ord. 2019-59. Passed 11-18-19.)