A. Definitions: For the purposes of this Section 10-2-33, the following words have the meanings ascribed to them:
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, derivatives, 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, 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 defined and authorized under the Illinois Industrial Hemp Act (505 ILCS 89/5). |
CRTA: | The Cannabis Regulation and Tax Act (410 ILCS 705/1 et seq.). |
DRUG PARAPHERNALIA: | Includes 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" (720 ILCS 646/10) and cannabis paraphernalia as defined in the Cannabis Regulation and Tax Act (410 ILCS 705/1 -10), which are (i) possessed or intended for use, (ii) being or have been used, or (iii) peculiar to and marketed for use 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 look-alike substances, synthetic alternative drugs or a controlled substance in violation of this ordinance, the "Illinois Controlled Substances Act" (720 ILCS 570/100 et seq.), or the "Methamphetamine Control and Community Protection Act" (720 ILCS 646/1 et seq.). This includes, but is not limited to, the following: 1. Kits that are (i) possessed or intended for use, (ii) being used or have been used, or (iii) peculiar to and marketed for use, in manufacturing, compounding, converting, producing, processing or preparing controlled substances, look-alike substances, or synthetic alternative drugs; 2. Isomerization devices that are (i) possessed or intended for use, (ii) being used or have been used, or (iii) peculiar to and marketed for use, to increase the potency of any species of plant which is a controlled substance, look-alike substance, or synthetic alternative drug; 3. Testing equipment that is (i) possessed or intended for use, (ii) being or has been used, or (iii) peculiar to and marketed, for private home use in identifying or in analyzing the strength, effectiveness or purity of controlled substances, look-alike substances, or synthetic alternative drugs; |
4. Diluents and adulterants that are (i) possessed or intended for use, (ii) being used or have been used, or (iii) peculiar to and marketed, for cutting controlled substance, look-alike substances, or synthetic alternative drugs by private persons; 5. Objects that are (i) possessed or intended for use, (ii) being used or have been used, or (iii) peculiarto and marketed for use, in injecting, ingesting, inhaling, or otherwise introducing look-alike substances, cocaine, or any controlled substance, look-alike substances, or synthetic alternative drugs 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 article or the "Drug Paraphernalia Control Act" (720 ILCS 600/1 et seq.). | |
LOOK-ALIKE SUBSTANCE or CANNABIS LOOK-ALIKE SUBSTANCE: | A substance which 1) by overall dosage unit appearance, including shape, color, size, markings or lack thereof, taste, consistency or any other identifying physical characteristic of the substance would lead a reasonable person to believe that the substance is cannabis or a synthetic cannabinoid; or 2) is expressly or impliedly represented to be cannabis or a synthetic cannabinoid, or distributed under circumstances which would lead a reasonable person to believe that the substance is cannabis or a synthetic cannabinoid. For the purpose of determining whether the representations made or the circumstances of the distribution would lead a reasonable person to believe the substance to be cannabis or a synthetic cannabinoid under this clause 2, the court or other authority may consider the following factors in addition to any other factor that may be relevant: a) statements made by the owner or person in control of the substance concerning its nature, use or effect; b) statements made to the buyer or recipient that the substance may be resold for profit; c) whether the substance is packaged in the manner normally used for the illegal distribution of controlled substances; d) whether the distribution or attempted distribution included an exchange of or demand for money or other property as consideration and whether the amount of the consideration was substantially greater than the reasonable retail market value of the substance. |
MEDICAL CANNABIS ACT: | The Compassionate Use of Medical Cannabis Program Act (410 ILCS 130/1 et seq.). |
PUBLIC PLACE: | Any place where a person could reasonably be expected to be observed by others. "Public place" includes all parts of buildings owned in whole or in part, or leased, by the State of Illinois, the City of Marquette Heights, or any other unit of local government. "Public place" includes all areas in a park, recreation area, wildlife area, or playground owned in whole or in part, leased, or managed by the State, the City of Marquette Heights, or other unit of local government. "Public place" does not include a private residence unless the private residence is used to provide licensed child care, foster care, or other similar social service care on the premises. |
SYNTHETIC CANNABINOID: | Any laboratory-created or otherwise man-made compound that functions similar to or mimics the effect of the active ingredient in marijuana, tetrahydrocannabinol (THC), including, but not limited to, any quantity of a natural or synthetic material, compound, mixture, preparation, substance and their analog (including isomers, esters, ethers, salts, and salts of isomers) containing a cannabinoid receptor agonist. |
B. Possession and Use of Cannabis Prohibited:
1. In General. It is unlawful for any person who is twenty one (21) years of age or older to possess cannabis, in any combination, in excess of the following limits:
a. For residents of the State of Illinois:
(1) Thirty (30) grams of the cannabis flower;
(2) Five hundred (500) milligrams of THC contained in a cannabis-infused product;
(3) Five (5) grams of cannabis concentrate.
b. For individuals who are not residents of the State of Illinois:
(1) Fifteen (15) grams of cannabis flower;
(2) Two hundred fifty (250) milligrams of THC contained in a cannabis-infused product;
(3) Two and one-half (2.5) grams of cannabis concentrate.
2. Persons under twenty one (21):
a. Possession: It is unlawful for any person under the age of twenty one (21) to possess or consume cannabis.
b. Sales to minors: No cannabis business, or any officer, associate, member, representative, agent, or employee thereof shall sell, give, or deliver cannabis to any person under the age of twenty one (21). No person, after purchasing or otherwise obtaining cannabis shall sell, give, or deliver such cannabis to any person under the age of twenty one (21).
c. Furnishing or using false or fraudulent ID: Any person under the age of twenty one (21) who presents or offers to any cannabis business, or any officer, associate, member, representative, agent, or employee thereof, any evidence of age and identity which is false, fraudulent, modified, or not their own for the purpose of ordering, purchasing, procuring, or attempting to order, purchase, or procure cannabis, or who has in their possession any false, fraudulent, or modified evidence of age or identity is guilty of a violation of this Section 10-2-33.
3. Medical use of cannabis: Notwithstanding anything in this Section to the contrary, it shall not be unlawful for any individual who is a registered qualifying patient or a registered designated caregiver, as those terms are defined in the Medical Cannabis Act, to engage in the medical use of cannabis, or to possess cannabis for the purpose of engaging or assisting in the medical use of cannabis in accordance with the provisions of the Medical Cannabis Act. An individual is presumed to be acting lawfully and in compliance with this Section and the terms of the Medical Cannabis Act where such individual is in possession of (i) a valid registry identification card issued pursuant to the Act, and (ii) no more than 2.5 ounces of cannabis (or such other amount as authorized by the Medical Cannabis Act or the CRTA).
4. Cultivation of cannabis: It shall be unlawful for any individual to cultivate cannabis for personal use; provided, however, that a registered qualifying patient under the Act may cultivate up to five (5) cannabis plants, with a cumulative limit of five (5) plants per household.
5. Possession and use prohibited: Notwithstanding the foregoing, it shall be unlawful for any person to engage in any of the following:
a. Possession or use of cannabis on a school bus, unless permitted for a qualifying patient or caregiver pursuant to the Medical Cannabis Act;
b. Possession or use of cannabis on the grounds of any preschool, primary school, or secondary school, unless permitted for a qualifying patient or caregiver pursuant to the Medical Cannabis Act;
c. Possession or use of cannabis in any correctional facility;
d. Possession of cannabis in a vehicle, unless the cannabis is in a reasonably secured, sealed container and reasonably inaccessible while the vehicle is moving;
e. Use of cannabis in a motor vehicle;
f. Possession or use of cannabis in a private residence that is used at any time to provide licensed child care or similar social service care on the premises;
g. Use of cannabis in any public place within the City;
h. Use of cannabis knowingly in close physical proximity to anyone under twenty one (21) years of age who is not a registered medical cannabis patient under the Medical Cannabis Act;
i. Smoking cannabis in any place where smoking is prohibited under the Smoke Free Illinois Act (410 ILCS 82/1 et seq.);
j. Operating, navigating, or being in actual physical control of any motor vehicle, aircraft, or motorboat while using or under the influence of cannabis in violation of Section 11-501 or 11-502.1 of the Illinois Vehicle Code;
k. Facilitating the use of cannabis by any person who is not allowed to use cannabis under this Section 10-2-33;
l. Transferring cannabis to any person contrary to this Section 10-2-33, the Medical Cannabis Act, or the CRTA;
m. The use of cannabis by a person who has a school bus permit or a commercial driver's license while on duty.
n. Possession of a synthetic cannabinoid, or a cannabis look-alike substance, to the extent that such synthetic cannabinoid, or cannabis look-alike substance, is not made lawful under the Medical Cannabis Act or the CRTA.
C. Possession of Drug Paraphernalia Prohibited:
1. In General: It is unlawful for any person to possess drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance or a look-alike substance.
2. Persons under twenty one (21): It is unlawful for any person under the age of twenty one (21) to possess cannabis paraphernalia.
3. Manufacture or Delivery of Drug Paraphernalia: It is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance or a look-alike substance.
4. Sale of Drug Paraphernalia: It shall be unlawful and it is hereby declared to be a nuisance for any store, place or premises to keep for sale, offer for sale, sell, or deliver for any commercial consideration any item of drug paraphernalia or cannabis paraphernalia.
D. Exemptions:
1. Notwithstanding the foregoing, it shall not be unlawful under this Section if the accused had authority to possess, keep for sale, offer for sale, sell, or deliver any item or substance prohibited in this Section pursuant to the Illinois Controlled Substances Act (720 ILCS 570/101, et seq.), or that the accused is legally authorized to possess hypodermic syringes or needles under the Hypodermic Syringes and Needles Act (720 ILCS 635/0.01, et seq.).
2. Notwithstanding the foregoing, it shall not be unlawful for any individual who is a registered qualifying patient or a registered designated caregiver, as those terms are defined in the Medical Cannabis Act, to possess cannabis or cannabis paraphernalia for the purpose of engaging or assisting a qualifying patient in the medical use of cannabis, or to engage in the medical use of cannabis in accordance with the provisions of the Medical Cannabis Act.
3. Notwithstanding the foregoing, it shall not be unlawful for any individual to possess any item of cannabis paraphernalia used or reasonably intended for use in the lawful consumption of cannabis pursuant to the Medical Cannabis Act or the CRTA.
4. Notwithstanding the foregoing, it shall not be unlawful for any employee or authorized agent of an establishment which is duly licensed pursuant to the Medical Cannabis Act or the CRTA to sell cannabis paraphernalia consistent with the terms of the establishment's license. Nor shall it be unlawful to advertise the lawful sale of cannabis paraphernalia at an establishment duly licensed pursuant to the Act or the CRTA to sell or provide such products.
E. Penalty: Any person found to be in violation of any provision of this Section 10-2-33 shall be subject to a fine of not less than one hundred dollars ($100.00) and not more than seven hundred fifty dollars ($750.00). (Ord. 644, 8-12-2002; amd. Ord. 905, 12-23-2019)