(A) Definition. For purposes of this section, the term CANNABIS shall include marijuana, hashish, and other substances which are identified as including any part 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. However, this term
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 cake; or the sterilized seed of such plant which is incapable of germination.
(B) Possession of cannabis prohibited. It shall be unlawful for any person to knowingly possess cannabis within the limits of the Village in violation of the Cannabis Regulation and Tax Act (410 ILCS 705/1 et seq.). This section shall not be construed as conflicting with or limiting enforcement of the Illinois Cannabis Control Act, 720 ILCS 550/1 et seq., as amended from time to time.
(C) Any person who violates this section by possessing not more than 30 grams (30g) of cannabis shall be issued a notice of violation. The notice of violation shall direct the individual to appear at an administrative hearing for the village.
(D) Persons possessing more than 30 grams (30g) of cannabis and who are cited for violations of Illinois Cannabis Control Act, 720 ILCS 550/1 et seq., will have such citations adjudicated in the Circuit Court of Cook County as felony offenses.
(E) The observations of a village police officer with regard to the sight or smell of a substance, or the use of a field testing process, such as the Rapid Modified Duquenois-Levine test, or another established screening test for the presence of cannabis in a particular substance, shall provide prima facie evidence that the substance in possession of the individual contains the presence of cannabis.
(F) Any person appearing before the village's administrative hearing and found to have violated this section of this chapter by possessing not more than 30 grams (30g) of cannabis shall be fined not less than $50 nor more than $750 for each violation, and, in the discretion of the hearing officer, may be referred to a suitable drug education, counseling or rehabilitation program, or ordered to perform community service.
(G) This section shall not be applicable to any individual who legally possesses any substance containing cannabis, as a medical cannabis cardholder, cultivator or dispenser, as defined by the Compassionate Use of Medical Cannabis Pilot Program Act, 410 ILCS 130/1 et seq. or Cannabis Regulation and Tax Act, 410 ILCS 705/1 et seq.
(Ord. CO-2015-26, passed 9-15-2015; Am. Ord. CO-2019-38, passed 12-17-2019)