(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CANNABIS. Includes marijuana, hashish and other substances 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; 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 that is incapable of germination.
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.
(B) Prohibitions.
(1) It shall be unlawful for any person to knowingly possess, use or deliver any cannabis, any substance containing cannabis, any controlled substance, or any other substance the use and/or possession of which is illegal under any state statute or this code (“the illegal substance”). This section shall only apply to possession, use and delivery of such substance in an amount not exceeding ten grams.
(2) It is unlawful for any person to knowingly use, suffer, permit, or allow the violation of the provisions of this section in any motor vehicle, 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.
(3) It is unlawful for any parent or guardian to permit his or her residence to be used by an invitee of the parent’s child or the guardian’s ward in a manner that constitutes a violation of this section. A parent or guardian is deemed to have permitted his or her residence to be used in violation of this section if he or she knowingly authorizes, enables, or permits such use to occur by failing to control access to the residence.
(4) It is unlawful for any person to remain in any motor vehicle, vessel, house, apartment, room, shed, yard, premises, or other area when that person knows, or reasonably should know, that one or more other persons located in the motor vehicle, vessel, house, apartment, room, shed, yard, premises, or other area are in possession of any cannabis, substance containing cannabis, controlled substance prohibited by state statute, or other illegal substance.
(C) Prima facie proof. Whenever a person is present within any motor vehicle, vessel, house, apartment, room, shed, yard, premises, or other area of which that 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, such presence shall be prima facie evidence that that person had knowledge of the violation.
(D) Medical use of cannabis. Notwithstanding anything contained in this code to the contrary, pursuant to the Compassionate Use of Medical Cannabis Pilot Program Act, ILCS Chapter 410, Act 130, as it may be amended from time to time (“the act”), the immunities and presumptions set forth in the act related to the medical use of cannabis are hereby incorporated herein by reference to the extent applicable.
(E) Violation; penalty. Whoever violates this section shall be fined not more than $750 for each and every violation thereof.
(Ord. 2016-47, passed 9-9-16)