(A) Inhaling, Drinking Or Possessing Certain Substances: No person shall inhale, breathe, or drink, or possess with the intent to inhale, any compound liquid or chemical containing toluol, hexane, trichloroethylene, acetone, toluene, ethyl acetate, methyl ethyl acetone, trichloroethane, isopropanol, methyl isobutyl ketone, methyl cellosolve acetate, cyclohexanone, or any other substance for the purpose of inducing symptoms of intoxication, elation, dizziness, paralysis, irrational behavior, or in any manner to change, distort or disturb the audio, visual or mental processes. For the purpose of this section, any such condition so induced shall be deemed to be an intoxicated condition. In addition, for the purpose of this section, the possession of any item altered so as to facilitate the inhalation of such substance, or the possession of any other item or device designed to enable the inhalation of such substance shall create a rebuttable presumption of intent to inhale said substance. The provisions of this subsection shall not apply to:
1. Any person who inhales, breathes or drinks such material or substances pursuant to the direction or prescription of any doctor, physician, surgeon, dentist or podiatrist authorized to so direct or prescribe.
2. Any person who inhales, breathes, drinks or otherwise in any manner uses any narcotic, dangerous drug, or other material or substance or combination thereof, which material or substance or combination thereof is defined by, and the use of which, is prohibited or regulated by any law of this state.
(B) Sale Of Certain Substances: No person shall knowingly sell or offer for sale, deliver or give away to any person any substances containing any of the following volatile solvents, where the seller, offerer or deliverer knows or has reason to believe that the substance will be used for the purpose of inducing symptoms of intoxication, elation, dizziness, paralysis, irrational behavior, or in any manner to change, distort or disturb the audio, visual or mental processes: toluol, hexane, trichloroethylene, acetone, toluene, ethyl acetate, methyl ethyl acetone, trichloroethane, isopropanol, methyl isobutyl ketone, methyl cellosolve acetate, cyclohexanone, or any other substance for the purpose of inducing symptoms of intoxication, elation, dizziness, paralysis, irrational behavior, or in any manner to change, distort or disturb the audio, visual or mental processes.
(C) Offenses Relating To Cannabis:
1. Findings: The board of trustees is advised that there is a widespread illegal use of cannabis within the village and further finds that the adoption of a local ordinance governing said illegal use of cannabis will be helpful for the effective control and elimination of the unlawful use of this drug.
2. Cannabis Defined: "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 its naturally occurring or synthetically produced ingredients, whether produced directly or indirectly by extraction, or independently by means of chemical synthesis 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, and any compound, manufacture, salt, derivative, mixture or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, cake, or the sterilized seed of such plant which is incapable of germination.
3. Unlawful Possession Of Cannabis: A person commits the offense of unlawful possession of cannabis by possessing any amount of cannabis or any substance containing cannabis:
a. If the person is under twenty-one (21) years, unless they are a registered medical cannabis patient under the Compassionate Use of Medical Cannabis Program Act;
b. If the person possesses any amount of cannabis or any substance containing cannabis in excess of the limits set forth for Illinois residents and non-residents under 410 ILCS 705/10-10;
c. If the person has a valid medical cannabis prescription but possesses more than five (5) cannabis plants;
d. If the person possesses any cannabis plants without a valid medical prescription or valid State cannabis business license;
e. If the person possesses any amount of cannabis or any substance containing cannabis in a “public place;”
f. 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;
g. 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
h. If the person is in violation of any other limitation set forth under 410 ILCS 705/10-35 unless permitted or authorized to do so pursuant to the Cannabis Control Act (720 ILCS 550/1 et seq.), the Cannabis Regulation and Tax Act (410 ILCS 705/1 et seq.) or the Compassionate Use of Medical Cannabis Program (410 ILCS 130/1 et seq.), as amended.
4. Unlawful Use Of Cannabis: A person commits the offense of unlawful use of cannabis by using cannabis or any substance containing cannabis:
a. In a “public place” as defined by 410 ILCS 705/10-35;
b. In any motor vehicle on or about any public way;
c. If the user is under twenty-one (21) years of age, except where the user was authorized by the Compassionate Use of Medical Cannabis Program Act; or
d. In violation of any limitation set forth under 410 ILCS 705/10-35 unless permitted or authorized to do so pursuant to the Cannabis Control Act (720 ILCS 550/1 et seq.), the Cannabis Regulation and Tax Act (410 ILCS 705/1 et seq.) or the Compassionate Use of Medical Cannabis Program (410 ILCS 130/1 et seq.), as amended.
5. Other Cannabis Offenses: Any possession, consumption, use, purchase, sale, transportation, manufacture or cultivation, of cannabis, which is not authorized by Illinois Law, is a violation of this section.
6. Permissible Presumption: There shall be a permissible presumption that cannabis or cannabis products were not lawfully acquired, if the cannabis or cannabis product lacks: packaging specific to that product, packaging for retail sale in Illinois, price stickers, bar codes, purchase receipts, or other evidence of tax payment showing conformance with the Illinois Cannabis Regulation and Tax Act, (410 ILCS 705/1 et seq.), or the Compassionate Use of Medical Cannabis Program (410 ILCS 130/1 et seq.).
(D) Drug Paraphernalia:
1. For the purpose of this section, drug paraphernalia shall have the same definition as provided by the Illinois Drug Paraphernalia Control Act (720 ILCS 600/1 et seq.).
2. It shall be a violation of this section to possess, use, purchase, sell or manufacture, any item of drug paraphernalia, unless done in a manner authorized by the Illinois Drug Paraphernalia Control Act.
3. For the purpose of this section, cannabis paraphernalia shall have the same definition as provided by the Illinois Cannabis Regulation and Tax Act (410 ILCS 705/1 et seq.).
4. It shall be a violation of this section to possess, use, purchase, sell, or manufacture, any item of cannabis paraphernalia, unless done in a manner that conforms with the Illinois Cannabis Regulation and Tax Act, (410 ILCS 705/1 et seq.), or the Compassionate Use of Medical Cannabis Program (410 ILCS 130/1 et seq.).
5. Penalty: Any person who violates any of the provisions of this section shall, upon conviction, be fined as established by Title 1, Chapter 20, “Fees, Fines, Insurance, Guarantees, and Regulatory Measures”. Each day that a violation exists and each separate occurrence shall constitute separate offenses.
(E) Responsibility Of Parents And Owners Of Residences:
1. It shall be unlawful for any parent or guardian to knowingly suffer or permit any person under eighteen (18) years of age, of which he or she may be the parent or guardian, to violate any provision of this section. (Ord. 2001-3321, 7-2-2001; amd. Ord. 2020-4857, 1-20-2020; Ord. 2021-4921, 9-20-2021)