(A) Definitions. The following words, terms and phrases when used in this section shall have the meaning described to them in this section except when the context clearly indicates a different meaning:
CANNABIS. The term "cannabis" shall have the same meaning ascribed to it in Section 3 of the Cannabis Control Act, ILCS Ch. 720, Act 550, § 3 (as may be amended), and that definition is incorporated in this section as if fully set forth herein.
CONTROLLED SUBSTANCES. Any drug or substance recited in the Illinois Controlled Substances Act, ILCS Ch. 720, Act 570, §§ 100 et seq.
PARAPHERNALIA. The term "drug paraphernalia'' shall have the same meaning ascribed to it in Section (d) of the Drug Paraphernalia Control Act ILCS Ch. 720, Act 600, §§ 1 et seq. (as amended) and that definition is incorporated in this section as if fully set forth herein.
PUBLIC PLACE. Shall have the same meaning ascribed to It in section (9) of the Cannabis Act under ILCS Ch 410, Act 705, § 10-35 (as amended) and that definition is incorporated in this section as if fully set forth herein.
(B) Unlawful possession of cannabis. A person commits the offense of unlawful possession of cannabis by possessing any amount of cannabis or and substance containing cannabis:
(1) If the person is under 21 years of age;
(2) If the person possesses any amount of cannabis or any substance containing cannabis beyond the cumulative limits set forth for Illinois residents and non-residents under ILCS Ch. 410, Act 705, § 10-10;
(3) If the person has a valid medical cannabis prescription but possesses more than five cannabis plants;
(4) If the person possesses any cannabis plants without a valid medical prescription or valid state cannabis business license;
(5) If the person possesses any amount of cannabis or any substance containing cannabis in a "public place";
(6) If the person possesses any amount of cannabis or any substance containing cannabis in a motor vehicle on or about the public way, unless the cannabis is reasonably secured, sealed, and inaccessible in the vehicle;
(7) If the person possesses any amount of cannabis or any substance containing cannabis in a motor vehicle on property that the person does not own or lease, unless the cannabis is reasonably secured, sealed, and inaccessible in the vehicle; or
(8) If the person is in violation of any other limitations set forth under ILCS Ch. 410, 705, § 10-35 unless permitted or authorized to do so pursuant to the Cannabis Control Act (ILCS Ch. 720, Act 550, §§ 1 et seq.), the Cannabis Regulation and Tax Act (ILCS Ch. 410, Act 705, §§ 1 et seq.) or the Compassionate Use of Medical Cannabis Program (ILCS Ch. 410, Act 130, §§ 1 et seq.), as amended.
(C) Unlawful us of cannabis. A person commits the offense of unlawful use of cannabis by using cannabis or any substance containing cannabis:
(1) In a "public place";
(2) In any motor vehicle on or about any public way; or
(3) In violation of any limitation set forth under ILCS Ch. 410, Act 705, § 10-35 unless permitted or authorized to do so pursuant to the Cannabis Control Act (ILCS Ch. 720, Act 550, §§ 1 et seq.), the Cannabis Regulation and Tax Act (ILCS Ch. 410, Act 705, §§ 1 et seq.) or the Compassionate Use of Medical Cannabis Program (ILCS Ch. 410, Act 130, §§ 1 et seq.), as amended.
(D) Unlawful possession of drug paraphernalia. A person commits the offense of unlawful possession of drug paraphernalia by knowingly possessing drug paraphernalia with the intent to use it by ingesting, inhaling, or otherwise introducing cannabis or a controlled substance into the human body or preparing for cannabis or a controlled substance for that use, unless permitted or authorized to do so pursuant to the Cannabis Control Act (ILCS Ch. 720, Act 550, §§ 1 et seq.), the Cannabis Regulation and Tax Act (ILCS Ch. 410, Act 705, §§ 1 et seq.) or the Compassionate Use of Medical Cannabis Program (ILCS Ch. 410, Act 130, §§ 1 et seq.), all as may be amended from time to time.
(E) The prohibitions contained in this section do not apply to licensed medical technicians, nurses, physicians, hospitals, research teaching institutions, clinical laboratories, license medical doctors, osteopathic physicians, dentists, veterinarians, pharmacists, or embalmers in their normal course of their respective businesses or professions; or the common carriers or the employees engaged In the lawful transportation of the foregoing; or the public officers or employees engaged in the performance of their official duties; or the persons suffering from a medical condition and who have a prescription to use cannabis or controlled substances and or a device primarily adapted or designed for the administration of those drugs.
(F) Penalty. Any person convicted of any violation of this section is punishable by a minimum fine of $100 and a maximum fine of $200 for each offense.
(Ord. 729, passed 8-12-03; Ord. 1125, passed 1-28-20)