A. Definitions: As used in this Section, the following words and terms shall have the meanings ascribed to them in this Section unless the context otherwise requires:
ADULT USE CANNABIS: | Cannabis which is sold, purchased, possessed, and used in compliance with the Cannabis Regulation and Tax Act. |
CANNABIS: | Includes marijuana, hashish and other substances which are identified as including any parts of the plant Cannabis sativa, whether growing or not; the seeds thereof, the resin extracted from any part of such plant; and any compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds, or resin, including tetrahydrocannabinol (THC) and all other cannabinol derivatives, including the naturally occurring or synthetically produced ingredients, whether produced directly or indirectly or by extraction, or independently by means of chemical syntheses 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 authorized under the Illinois Industrial Hemp Act (505 ILCS 89/1, et seq.). |
CANNABIS REGULATION AND TAX ACT: | Illinois Public Act 101-027, as said Act may be amended from time to time. |
COMPASSIONATE USE ACT: | The Compassionate Use of Medical Cannabis Pilot Program Act, Public Act 98-0122 in force beginning January 1, 2014, as said Act may be amended from time to time (410 ILCS 130). |
CONTROLLED SUBSTANCE: | Shall have the meaning ascribed to it in the Illinois Controlled Substances Act, as amended from time to time, as if that definition were incorporated herein. |
DELIVER OR DELIVERY: | The actual, constructive or attempted transfer of possession of cannabis, with or without consideration, whether or not there is an agency relationship. |
DRUG PARAPHERNALIA: | All equipment, products and materials of any kind, other than methamphetamine manufacturing materials as defined in Section 10 of the Methamphetamine Control and Community Protection Act, which are intended to be used unlawfully in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body cannabis or a controlled substance in violation of the Illinois Cannabis Control Act, as amended from time to time, the Illinois Controlled Substances Act, as amended from time to time, or the Methamphetamine Control and Community Protection Act, as amended from time to time. It includes, but is not limited to: |
1. Kits intended to be used unlawfully in manufacturing, compounding, converting, producing, processing or preparing cannabis or a controlled substance; | |
2. Isomerization devices intended to be used unlawfully in increasing the potency of any species of plant which is cannabis or a controlled substance; | |
3. Testing equipment intended to be used unlawfully in a private home for identifying or in analyzing the strength, effectiveness, or purity of cannabis or controlled substances; | |
4. Diluents and adulterants intended to be used unlawfully for cutting cannabis or a controlled substance by private persons; | |
5. Objects intended to be used unlawfully in ingesting, inhaling, or otherwise introducing cannabis, cocaine, hashish, or hashish oil into the human body including, where applicable, the following items: a. Water pipes; b. Carburetion tubes and devices; c. Smoking and carburetion masks; d. Miniature cocaine spoons and cocaine vials; e. Carburetor pipes; f. Electric pipes; g. Air driven pipes; h. Chillums; i. Bongs; j. Ice pipes or chillers. | |
6. Any item whose purpose, as announced or described by the seller, is for use in violation of this Section. | |
7. Any other item defined as "drug paraphernalia" by the Drug Paraphernalia Control Act, as it may be amended from time to time. | |
PERSON: | Any individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other entity. |
B. Possession, Use, Delivery, And/Or Sale Of Cannabis Prohibited:
1. It shall be unlawful for any person to knowingly possess, use, deliver and/or sell, and/or to attempt to deliver and/or sell cannabis, except as allowed by and in compliance with the Compassionate Use Act and/or except as allowed by and in compliance with the Cannabis Regulation and Tax Act, and then only if and as allowed by this Section.
2. It is unlawful for a person under twenty-one (21) years of age to possess, purchase, use, or deliver cannabis, except in compliance with and as authorized by the Compassionate Use Act.
3. It is unlawful for any parent or guardian, or other person to permit or allow the possession, purchase, use, or delivery of cannabis by their own child or by any other person who is under twenty-one (21) years of age on premises owned or under the control of such parent, guardian, or other person, except in compliance with and as authorized by the Compassionate Use Act.
4. It is unlawful for any person to remain in any motor vehicle, conveyance, vessel, house, apartment, room, shed, yard, premises, or other area when said person knows, or reasonably should know, that one or more other persons located in such motor vehicle, conveyance, vessel, house, apartment, room, shed, yard, premises, or other area are in possession of any cannabis, or any substance containing cannabis, any controlled substance, and/or any other illegal substance prohibited by Illinois statute, except as allowed by and in compliance with the Compassionate Use Act and/or except as allowed by and in compliance with the Cannabis Regulation and Tax Act.
5. It is unlawful for any person to knowingly suffer, permit, or allow the violation of the provisions of this section in any motor vehicle, conveyance, vessel, house, apartment, room, shed, yard, premises, or other area of which such person is the owner, lessee, permittee, bailee, legal possessor, or occupier thereof.
6. Pursuant to the authority reserved to municipalities under Section 55-25 of the Cannabis Regulation and Tax Act, adult-use cannabis businesses (including dispensing organizations, cultivation centers, craft growers, processing organizations, infuser organizations, and transporting organizations (collectively, "Adult Use Cannabis Businesses"), all as defined by the Cannabis Regulation and Tax Act (P.A. 101-0027) or as said Act may be amended from time to time, and are hereby prohibited from locating anywhere within or operating anywhere within the corporate limits of the Village, provided, however, this Section shall not be construed to prohibit the operation of any facility licensed to operate pursuant to the Compassionate Use of Medical Cannabis Pilot Program Act (410 ILCS 130/1, et seq.), as may be amended from time to time, that does not also hold a license to operate pursuant to the Cannabis Regulation and Tax Act, but only in compliance with the Zoning Ordinance of this Village.
7. No person shall locate, operate, own, suffer, allow to be operated, or aid, abet, or assist in the operation of any adult use cannabis business within the Village.
8. The operation of any adult use cannabis business within the Village in violation of the provisions of this Section is hereby declared to be a public nuisance which shall be abated pursuant to all available remedies.
C. Prima Facie Proof: Whenever a person is present within any motor vehicle, conveyance, vessel, house, apartment, room, shed, yard, premises, or other area of which such person is the owner, lessee, permittee, bailee, legal possessor or occupier at the time that a violation of the provisions of this Section occurs therein, said presence shall be prima facie evidence that such person had knowledge of such violation.
D. Medical Use Of Cannabis: Notwithstanding anything contained in this Village Code to the contrary, pursuant to the Compassionate Use of Medical Cannabis Pilot Program Act (410 ILCS 130), as it may be amended from time to time ("the Compassionate Use Act"), the immunities and presumptions set forth in that Act related to the medical use of cannabis are hereby incorporated herein by reference to the extent applicable.
E. Adult Use Of Cannabis: Notwithstanding anything contained in this Village Code to the contrary, pursuant to the Cannabis Regulation and Tax Act (Public Act 101-027) (the "Cannabis Regulation and Tax Act"), the immunities and presumptions set forth in that Act related to limited consumption, use, sale and possession as set forth in the Cannabis Regulation and Tax Act are hereby incorporated herein by reference to the extent applicable.
F. Drug Paraphernalia: The possession, use or sale of drug paraphernalia is prohibited, except cannabis paraphernalia that is possessed, owned, and/or used in connection with the use of cannabis, but only to the extent allowed by and in compliance with the Compassionate Use Act and/or only to the extent as allowed by and in compliance with the Cannabis Regulation and Tax Act.
G. Exceptions: A person who is over twenty-one (21) years of age may not possess, use, purchase, deliver, or attempt to deliver cannabis, except as allowed by and in compliance with the Compassionate Use Act and/or as allowed by and in compliance with the Cannabis Regulation and Tax Act. (Ord. 77-6-2, 6-22-1977; amd. 1983 Code; Ord. 2019-11-03, 11-18-2019)