(A) It shall be unlawful for: i) Any person who is under the age of 21; or ii) Any person who is 21 years of age or older and not a registered qualifying patient under the Compassionate Use of Medical Cannabis Program Act, 410 ILCS 130/1 et seq., to cultivate cannabis plants within the corporate limits of the village. Further, it shall be unlawful for any person to cultivate cannabis plants within the corporate limits of the village in any other manner prohibited by state statutes, as they may be amended from time to time.
(B) It shall be unlawful for any person who is 21 years of age or older and a registered qualifying patient under the Compassionate Use of Medical Cannabis Program Act, 410 ILCS 130/1 et seq., to cultivate cannabis plants within the corporate limits of the village:
(1) Unless the person has been a resident of the State of Illinois for more than 30 days before cultivation;
(2) In excess of five plants that are more than five inches tall per household without a cultivation center or craft grower license;
(3) Outside of an enclosed, locked space;
(4) Using cannabis seeds purchased from somewhere other than a dispensary for the purpose of home cultivation and seeds may not be given or sold to any other person;
(5) In a location where they are subject to ordinary public view (within the sight line with normal visual range of a person, unassisted by visual aids, from a public street or sidewalk adjacent to real property, or from within an adjacent property);
(6) Without reasonable precautions to ensure the cannabis plants are secure from unauthorized access, including unauthorized access by a person under 21 years of age;
(7) On non-residential property and property that is not lawfully in possession of the cultivator or without the consent of the person in lawful possession of the property;
(8) In a dwelling, residence, apartment, condominium unit, enclosed, locked space, or piece of property which has not been divided into multiple dwelling units and contains in excess of five plants at any one time; or
(9) Unless residing at the residence where the cannabis plants are located, except that a registered qualifying patient's authorized agent may tend to the cannabis plants if attending to the residence for brief periods, such as when the qualifying patient is temporarily away from the residence.
(C) 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. 2019-14, passed 12-2-2019)