(a) As used in this section, "cannabis" means and 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, independently by means of chemical synthesis or by a combination of extraction and chemical synthesis. "Cannabis" does 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.
(b) No person shall knowingly possess any quantity of any substance containing cannabis.
(c) This section shall not apply to:
(1) Any person who has been authorized by the Department of Mental Health and Developmental Disabilities, with the approval of the Department of Law Enforcement, to possess and deliver substances containing cannabis; or
(2) Persons registered under Federal law to conduct research with cannabis.
(3) For residents of the State of Illinois:
A. Any person who is twenty-one (21) years of age or older may possess any combination of the following:
1. Thirty (30) grams of raw cannabis;
2. Cannabis-infused product or products containing a total of no more than five hundred (500) mg of Tetrahydrocannabinol (THC); or
3. Five (5) grams or less of cannabis products in concentrated form.
B. Persons who register as qualifying patients under the State of Illinois’ existing medical cannabis program only:
1. Any combination of up to five (5) cannabis plants and the cannabis produced from those five (5) plants, secured within the residence or dwelling unit (no matter how many people reside in the residence, only five (5) plants are allowed per residence);
2. Additionally, if the plants yield more than thirty (30) grams of raw cannabis, the excess must remain in the residence of residential property it is grown.
(4) For non-residents of the State of Illinois:
A. A person who is twenty-one (21) years of age or older any combination of the following:
1. Fifteen (15) grams of raw cannabis;
2. Cannabis-infused products or products containing a total of no more than two-hundred fifty (250) mg of THC; or
3. Two and a half (2.5) grams of cannabis products in concentrated form.
B. A non-resident may not possess cannabis plants.
(d) A court may impose a sentence of supervision upon any person who violates this section if, due to the nature and circumstances of the offense and to the history, character and condition of the person, the court is of the opinion that the penalty provided for in this chapter is inappropriate.
(1) When a person is placed on supervision, the court shall enter an order for supervision, specifying the period of such supervision, and shall defer further proceedings in the case until the conclusion of such period.
(2) The period of supervision shall be reasonable under all the circumstances of the case, but may not be longer than one year.
(3) The court may, in addition to other considerations, require that the person:
A. Make a report to, appear in person at, or participate with, the court or any such court, person or social agency as directed by the court in the order of supervision;
B. Work or pursue a course of study or vocational training;
C. Undergo medical or psychiatric treatment or treatment for drug addiction or alcoholism;
D. In the case of a minor, reside with his or her parents or in a foster home;
E. In the case of a minor, attend school;
F. In the case of a minor, attend a nonresidential program for youths;
G. Perform some reasonable public service work such as, but not limited to, picking up litter along public highways or maintaining public facilities; or
H. Pay a fine in an amount provided for in Section 620.99.
(4) The court shall defer entering any judgment on the charges until the conclusion of the supervision.
(5) At the conclusion of the period of supervision, if the court determines that the person has successfully complied with all of the conditions of supervision, the court shall discharge the person and enter a judgment dismissing the charges.
(6) Discharge and dismissal upon a successful conclusion of a disposition of supervision shall be deemed to be a discharge without adjudication of guilt or innocence and shall not be deemed to be a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. A person may have his or her record of arrest expunged as may be provided by law.
(7) No person assigned to a public service employment program shall be considered an employee for any purpose, nor shall the City be obligated to provide any compensation for such person.
(e) It is hereby declared to be the policy of the City that a parent or legal guardian of a minor shall be notified and required to appear in court whenever such minor is charged with a violation of this section. To this end, it is hereby directed that a notice, in substantially the following form, shall be sent to the parents or legal guardians of the minor:
LEGAL NOTICE
TO: (Parents' or Legal Guardians' Names)
FROM: City of Martinsville
You are hereby notified that (minor's name) has been involved with a violation of an ordinance prohibiting the possession of cannabis, and which requires the appearance of said minor in court. You are further notified that one of the parents or legal guardians of said minor must appear in court before the case will be tried or disposed. If you fail to appear, the City Attorney has been directed to have issued a subpoena to bring you into court. Failure to obey a subpoena can result in contempt of court, with a fine or imprisonment as the penalty.
The City Attorney is hereby directed to have subpoenas issued whenever a parent or legal guardian of a minor does not appear in court after the first two times such minor's case has been before the court.
(Ord. 2019-11-2. Passed 11-13-19.)