A. Definitions: For the purpose of this Section, the following words, as used herein, shall be construed to have the meaning herein ascribed thereto:
CANNABIS: | Has the meaning ascribed to it in the Cannabis Regulation and Tax Act as if that definition were incorporated herein. |
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, CO2, 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 State of Illinois 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 REGULATION AND TAX ACT: | The "Cannabis Regulation and Tax Act" enacted by the State of Illinois as 410 ILCS 705/1, et seq., and as may be amended from time to time, and all State of Illinois rules and regulations promulgated thereunder or related thereto. |
COMPASSIONATE USE OF MEDICAL CANNABIS PROGRAM ACT: | The "Compassionate Use of Medical Cannabis Program Act" enacted by the State of Illinois as 410 ILCS 130/1 et seq., and as may be amended from time to time, and all State of Illinois rules and regulations promulgated thereunder or related thereto. |
B. Adoption of cannabis state law by reference: Each and every part of the Cannabis Control and Regulation Act and rules and regulations promulgated thereunder, which relate in any manner to the sale of cannabis, is hereby adopted by this reference and made a part of this Section, to the same extent and with the same legal effect as if fully set forth in this section except for all provisions of the Cannabis Regulation and Tax Act that require specific local approval to take effect, if such approval has not occurred. Where this Section conflicts with the Cannabis Regulation and Tax Act and where the Cannabis Regulation and Tax Act specifically preempts home rule authority, the Cannabis Regulation and Tax Act shall control. Where the Cannabis Regulation and Tax Act does not specifically preempt home rule authority, this Section shall control. Any violation of such applicable and adopted provisions of such Act shall be deemed a violation of this Section and be subject to penalties provided in this Section.
C. Unlawful possession of cannabis: No person shall possess an amount of cannabis greater than the following within the village limits of the Village of Golf:
1. Thirty (30) grams of cannabis flower;
2. No more than five hundred (500) milligrams of THC contained in cannabis-infused product; or
3. Five (5) grams of cannabis concentrate.
Notwithstanding the foregoing, registered qualifying patients may possess cannabis produced by cannabis plants grown from home cultivation as allowed under the Compassionate Use of Medical Cannabis Program Act, provided any amount of cannabis produced in excess of 30 grams of raw cannabis or its equivalent must remain secured within the residence or residential property in which it was grown.
D. Purchase or, possession of cannabis by persons less than twenty-one (21) years old: No person under the age of twenty-one (21) years shall purchase, attempt to purchase, accept delivery, accept a gift of, grow, or have possession of or consume cannabis, except where authorized by the Compassionate Use of Medical Cannabis Program Act or by the Community College Cannabis Vocational Pilot Program, as defined in the Cannabis Regulation and Tax Act.
E. Sale or transfer of cannabis to persons less than twenty-one (21) years old: No person shall sell, give or deliver cannabis to any person under the age of twenty-one (21), or allow a person under 21 years of age to purchase, possess, use, process, transport, grow, or consume cannabis, except where authorized by the Compassionate Use of Medical Cannabis Program Act. No person shall order, purchase, or by any manner directly or indirectly obtain cannabis for any person under the age of twenty-one (21), except where authorized by the Compassionate Use of Medical Cannabis Program Act. No person may transfer cannabis to any person contrary to the Cannabis Regulation and Tax Act or the Compassionate Use of Medical Cannabis Program Act.
F. Parental responsibility: No parent or guardian shall permit his or her residence, any other private property under his or her control, or any motor vehicle under his or her control to be used by a person under the age of 21, in a manner that constitutes a violation of this subsection. A parent or guardian is deemed to have knowingly permitted a violation of this subsection, if he or she authorizes or permits consumption of cannabis by underage invitees.
G. Locations where cannabis use prohibited: No person may smoke cannabis in any place where smoking is prohibited under the Smoke Free Illinois Act. No person may use cannabis:
1. In a private residence that is used at any time to provide licensed childcare or other similar social service care on the premises;
2. In any public place; or
3. Knowingly in close physical proximity to anyone under 21 years of age who is not a registered qualifying patient under the Compassionate Use of Medical Cannabis Program Act.
H. Cannabis in motor vehicles: No person shall transport, carry, possess or have any cannabis within the passenger area of any motor vehicle unless the cannabis is in a reasonably secured, sealed container and reasonably inaccessible while the vehicle is moving. This prohibition does not apply to a motor vehicle open to the public (i.e., public transportation). No person may use or in any way ingest cannabis in a motor vehicle.
I. Penalty: Any person violating any of the provisions of this section shall be subject to a class B penalty as provided in section 1-4-1 of this code.
(Ord. 2015-07, 7-14-2015; amd. Ord. 2020-01, 2-10-2020)