A. Definitions:
ADULT USE CANNABIS: Cannabis which is sold, purchased, possessed, and used in compliance with the Cannabis Regulation and Tax Act.
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, 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 REGULATION AND TAX ACT: Illinois Public Act 101-027, as said Act may be amended from time to time.
COMPASSIONATE USE ACT: The Compassionate Use of Medical Cannabis Pilot Program act, Public Act 98-0122 in force beginning January 1, 2014, as said Act may be amended from time to time (410 ILCS 130).
CONTROLLED SUBSTANCE: Shall have the meaning ascribed to it in the Illinois Controlled Substances Act, as amended from time to time, as if that definition were incorporated herein.
DELIVER OR DELIVERY: The actual, constructive or attempted transfer of possession, with or without consideration, regardless of whether there is an agency relationship between the deliverer and deliveree.
DRUG PARAPHERNALIA: All equipment, products and materials of any kind which are 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 cannabis or a controlled substance. It includes, but is not limited to:
1. Kits peculiar to and marketed for use in manufacturing, compounding, converting, producing, processing or preparing cannabis or a controlled substance;
2. Isomerization devices peculiar to and marketed for use in increasing the potency of any species of plant which is cannabis or a controlled substance;
3. Testing equipment peculiar to and marketed for private home use in identifying or in analyzing the strength, effectiveness or purity of cannabis or controlled substances;
4. Diluents and adulterants peculiar to and marketing for cutting cannabis or a controlled substance by private persons;
5. Objects peculiar to and marketed for use in ingesting, inhaling, or otherwise introducing cannabis, cocaine, hashish, or hashish oil into the human body including, where applicable, the following items:
Air driven pipes;
Bongs;
Carburetion tubes and devices;
Carburetor pipes;
Chillums;
Electric pipes;
Ice pipes or chillers;
Miniature cocaine spoons and cocaine vials;
Smoking and carburetion masks;
Water pipes;
6. Any item whose purpose, as announced or described by the seller, is for use in violation of this section.
PERSON: Any individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other entity.
PRODUCT CONTAINING A SYNTHETIC ALTERNATIVE DRUG: Any product containing a synthetic cannabinoid, stimulant or psychedelic/hallucinogen, as those terms are defined herein. The following products have been determined to contain a synthetic cannabinoid, stimulant or psychedelic/hallucinogen, but the list below is not exhaustive and violations of this section described in subsection E of this section are not limited to the possession, sale, delivery or use of products listed herein:
2010 8-Ball Aztec Gold Aztec Midnight Wind Back Draft Bad 2 the Bone | Banana Cream Nuke Bayou Blaster Black Diamond Black Magic Salvia Black Mamba Blueberry Hayze | Bombay Blue Buzz C3 C4 Caneff Cherry Bomb Chill Out |
Chill X Chronic Spice Citrus Colorado Chronic D-Rail Da Block Dark Night II Demon Diamond Spirit Dragon Spice Dream Earthquake Eruption Spice Euphoria Ex-SES Platinum EX-SES Platinum Blueberry EX-SES Platinum Cherry EX-SES Platinum Vanilla Fire Bird Ultimate Forest Humus | Freedom Fully Loaded Funky Monkey Funky Monkey XXXX G Four G Greenies Caramel Crunch Genie Gold Spirit Spice Green Monkey Chronic Greenies Strawberry Heaven Improved Heavenscent Suave Humboldt Gold Jamaican Gold K Royal K1 Gravity K1 Orbit K2 K2 (unknown variety) K2 Amazonian Shelter K2 Blonde K2 Blue | K2 Blueberry K2 Citron K2 Cloud 9 K2 Kryptonite K2 Latte K2 Mint K2 Orisha Black Magic Max K2 Orisha Max K2 Orisha Regular K2 Orisha Super K2 Orisha White Magic K2 Peach K2 Pina Colada K2 Pineapple Express K2 Pink K2 Pink Panties K2 Sex K2 Silver K2 Solid Sex on the Mountain K2 Standard K2 Strawberry K2 Summit |
K2 Summit Coffee Work K2 Summit Space K2 Thai Dream K2 Ultra K2 Watermelon K3 K3 Blueberry K3 Cosmic Blend K3 Dusk K3 Grape K3 Heaven Improved K3 Heaven Legal K3 Kryptonite K3 Legal K3 Legal - Earth (silver) K3 Legal - Sea (silver) K3 Legal - Sun (Black) K3 Mango K3 Original K3 Original Improved K3 Strawberry | K3 Sun K3 Sun Improved K3 Sun Legal K3 XXX K4 Bubble Bubble K4 Gold K4 Silver K4 Summit Remix Kind Spice Kryptonite Legal Eagle Legal Eagle Apple Love Potion 69 Love Strawberry Magic Dragon Platinum Magic Gold Magic Silver Magic Spice Mega Bomb Mellon K2 Mid-Atlantic Exemplar Midnight Chill MNGB Almond/Vanilla | MNGB Peppermint MNGB Pinata Colada MNGB Spear Mint MNGB Tropical Thunder Moe Joe Fire Mojo Mr. Smiley's MTN-787 Mystery Naughty Nights New Improved K3 New Improved K3 Cosmic New Improved K3 Dynamite New K3 Earth New K3 Heaven New K3 Sea Improved New-Kron Bomb Nitro Ocean Blue p.e.p. pourri Love Strawberry |
p.e.p. pourri Original Spearmint p.e.p. pourri Twisted Vanilla p.e.p. pourri X Blueberry Paradise Pie K4 Purple Haze Pineapple Pink Tiger Platinum Strawberry Potpourri POW Pulse Rasta Citrus Spice Rebel Spice Red Bird S1. S Werve Samurai Spirit Sativah Scope Vanilla Scope Wildberry Sense Shanti Spice | Shanti Spice Blueberry Silent Black Skunk Smoke Smoke Plus Space Spice Artie Synergy Spice Diamond Spice Gold Spice Silver Spice Tropical Synergy Spicey Regular XXX Spicey Ultra Strong XXX Spicey XXX Spicylicious Spike 99 Spike 99 Ultra Spike 99 Ultra Blueberry Spike 99 Ultra Cherry Spike 99 Ultra Strawberry Spike Diamond Spike Gold | Spike Maxx Spike Silver Stinger Strength Cinnamon Summer Skyy Super Kush Super Summit Swagger Grape SYN Chill SYN Incense LemonLime SYN Incense Smooth SYN Incense Spearmint SYN Lemon Lime SYN Lemon Lime #2 SYN Smooth SYN Spearmint SYN Spearmint #2 SYN Suave SYN Swagg SYN Vanilla SYN Vanilla #2 Texas Gold |
Tezcatlipoca Time Warp Tribal Warrior Ultra Cloud 10 Unknown cigarette Utopia Utopia-Blue Berry | Voo Doo Remix (black) Voo Doo Remix (orange) Voodoo Child Voodoo Magic Voodoo Remix Who Dat Who Dat Herbal Incense | Wicked X Winter Boost Wood Stock XTREME Spice Yucatan Fire Yucatan Fire Smoke Zombie World |
SYNTHETIC CANNABINOID: Any laboratory created compound that functions similar to 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, such as:
1. JWH-007 (1-pentyl-2-methyl-3-(l- naphthoyl)indole)
2. JWH-015 ((2-Methyl-l-propyl-lH-indol-3-yl)-l- naphthalenylmethanone)
3. JWH-018 (l-pentyl-3-(l-naphthoyl)indole)
4. JWH-019 (l-hexyl-3-(naphthalen-l-oyl)indole)
5. JWH-073 (naphthalen-l-yl-(1-butylindol-3- yl)methanone)
6. JWH-081 (4-methoxynaphthalen-l-yl-(l- pentylindol-3-yl)methanone)
7. JWH-098 (4-methoxynaphthalen-l-yl-(l-pentyl-2- methylindol-3-yl)methanone)
8. JWH-122 (l-Pentyl-3-(4-methyl-l- naphthoyl)indole)
9. JWH-164 (7-methoxynaphthalen-l-y1-(l- pentylindol-3-yl)methanone
10. JWH-200 (l-(2-morpholin-4-ylethypindol-3-y1)- naphthalen-lylmethanone)
11. JWH-203 (2-(2-chloropheny1)-l-(l-pentylindol- 3-y)thanone
12. JWH-210 (4-ethylnaphthalen-l-y1-(I- pentylindol-3-yl)methanone
13. JWH-250 (1-pentyl-3-(2- methoxyphenylacetypindole)
14. JWH-251 (l-pentyl-3-(2- methylphenylacetypindole)
15. JWH-398 (l-pentyl-3-(4-chloro-l- naphthoypindole)
16. HU-210((6aR,10aR)-9-(Hydroxymethyl)-6,6- dimethyl-3-(2-methyloctan-2-y1)-6a,7,10,10a- tetrahydrobenzo[c]chromen-l-ol)
17. HU-211 ((6aS,10aS)-9-(Hydroxymethyl)-6,6- dimethyl-3-(2-methyloctan-2-y1)-6a,7,10,l0a- tetrahydrobenzo [c]chromen-l-ol)
18. HU-308 ([(lR,2R,5R)-242,6-dimethoxy-4-(2- methyloctan-2-yl)pheny1]-7,7-dimethyl-4- bicyclo[3.1.1]hept-3-enyl] methanol)
19. HU-331 ((3-hydroxy-2-[(lR,6R)-3-methyl-6-(1- methylethenyl)-2-cyclohexen-1-y1]-5-pentyl-2,5- cyclohexadiene-1,4-dione)
20. CP 55,940 (2-[(lR,2R,5R)-5-hydroxy-2-(3- hydroxypropyl)cyclohexyl]-5-(2-methyloctan-2- yl)phenol)
21. CP 47,497 (2-[(lR,3S)-3-hydroxycyclohexyl]-5- (2-methyloctan-2yl)phenol) and its homologues
22. WIN 55,212-2 ((R)-(+)-[2,3-Dihydro-5-methyl-3- (4-morpholinylmethyl) pyrrolo [1,2,3-de)-1,4- benzoxazin-6-yl]-1-nepthalenylmethanone)
23. RCS-4 ((4-methoxyphenyl)(l-pentyl-1H-indol-3- yl)methanone)
24. RCS-8(1-(1-(2-cyclohexylethyl)-lH-indol-3-yl)- 2-(2-methoxyphenypethanone)
SYNTHETIC PSYCHEDELIC/HALLUCINOGEN: Any compound that mimics the effects of any federally controlled schedule I substance, including, but not limited to, any quantity of a natural or synthetic material, compound, mixture, preparation, substance and their analog (including salts, isomers, esters, ethers and salts of isomers) containing substances which have a psychedelic/hallucinogenic effect on the central nervous system and/or brain, such as:
1. 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E);
2. 2-(2,5-dimethoxy-4-methylphenyl)ethanamine (2C-D);
3. 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C);
4. 2-(4-lodo-2,5-dimethoxyphenyl)ethanamine (2C-I);
5. 2-(4-(Ethylthio)-2,5-dimethoxyphenyl)ethanamine (2C-T-2);
6. 2-(4-(Isopropylthio)-2,5- dimethoxyphenyl)ethanamine (2C-T-4);
7. 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H);
8. 2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (2C-N);
9. 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P).
SYNTHETIC STIMULANT: Any compound that mimics the effects of any federally controlled schedule I substance such as cathinone, methcathinone, MDMA and MDEA, including, but not limited to, any quantity of a natural or synthetic material, compound, mixture, preparation, substance and their analog (including salts, isomers, and salts of isomers) containing substances which have a stimulant effect on the central nervous system, such as:
1. 3-Fluoromethcathinone
2. 4-Fluoromethcathinone (other name: flephedrone)
3. 3,4-Methylenedioxymethcathinone (other name: methylone, MDMC)
4. 3,4-Methylenedioxypyrovalerone (other name: MDPV)
5. 4-Methylmethcathinon (other names: mephedrone, 4-MMC)
6. 4-Methoxymethcathinone (other names: methedrone, bk-PMMA, PMMC)
7. 4-Ethylmethcathinone (other name: 4-EMC)
8. Ethcathinone
9. Beta-keto-N-methylbenzodioxyolylpropylamine (other names: butylone, bk-MBDB)
10. Napthylpyrovalerone (other names: naphyrone, NRG-I)
11. N,N-dimethylcathinone (other name: metamfepramone)
12. Alpha-pyrrolidinopropiophenone (other name: aipha-PPP)
13. 4-methoxy-alpha-pyrrolidinopropiophenone (other name: MOPPP)
14. 3,4-methylenedioxy-alpha- pyrrolidinopropiophenone (other name: MDPPP)
15. Alpha-pyrrolidinovalerophenone (other name: alpha-PVP)
16. 6,7-kihydro-5H-indeno(5,6-d)- 1,3-dioxal-6- amine) (other name: MDAI)
17. Any compound that is structurally derived from 2-amino-1 -phenyl-l-propanone by modification or substitution in any of the following ways:
a. In the phenyl ring to any extent with alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide substituents, whether or not further substituted in the phenyl ring by one or more other univalent substituents;
b. At the 3-position with an alkyl substituent;
c. At the nitrogen atom with alkyl, dialkyl, benzyl, or methoxybenzyl groups; or
d. By inclusion of the nitrogen atom in a cyclic structure.
B. Possession, Use, Delivery, And/Or Sale Prohibited:
1. It shall be unlawful for any person to knowingly possess, use, deliver and/or sell, and/or to attempt to deliver and/or sell cannabis except as allowed by and in compliance with the Compassionate Use Act and/or except as allowed by and in compliance with the Cannabis Regulation and Tax Act, and then only if and as allowed by this section.
2. It is unlawful for a person under twenty-one (21) years of age to possess, purchase, use, or deliver cannabis, except in compliance with and as authorized by the Compassionate Use Act.
3. It is unlawful for any parent or guardian, or other person to permit or allow the possession, purchase, use, or delivery of cannabis by their own child or by any other person who is under twenty-one (21) years of age on premises owned or under the control of such parent, guardian, or other person, except in compliance with and as authorized by the Compassionate Use Act.
4. It is unlawful for any person to remain in any motor vehicle, conveyance, vessel, hotel/motel room, house, apartment, room, shed, yard, premises, or other area when said person knows, or reasonably should know, that one or more other persons located in such motor vehicle, conveyance, vessel, hotel/motel room, house, apartment, room, shed, yard, premises, or other area are in possession of any cannabis, or any substance containing cannabis, any controlled substance, and/or any other illegal substance prohibited by Illinois statute, except as allowed by and in compliance with the Compassionate Use Act and/or except as allowed by and in compliance with the Cannabis Regulation and Tax Act.
5. It is unlawful for any person to knowingly suffer, permit, or allow the violation of the provisions of this section in any motor vehicle, conveyance, vessel, hotel/motel room, house, apartment, room, shed, yard, premises, or other area of which such person is the owner, manager, lessee, permittee, bailee, legal possessor, or occupier thereof.
6. Pursuant to the authority reserved to municipalities under Section 55-25 of the Cannabis Regulation and Tax Act, adult-use cannabis businesses (including dispensing organizations, cultivation centers, craft growers, processing organizations, infuser organizations, and transporting organizations (collectively, "Adult Use Cannabis Businesses"), all as defined by the Cannabis Regulation and Tax Act (P.A. 101-0027) or as said Act may be amended from time to time, and are hereby prohibited from locating anywhere within or operating anywhere within the corporate limits of the Village, provided, however, this Section shall not be construed to prohibit the operation of any facility licensed to operate pursuant to the Compassionate Use of Medical Cannabis Pilot Program Act (410 ILCS 130/1, et seq.), as may be amended from time to time, that does not also hold a license to operate pursuant to the Cannabis Regulation and Tax Act, but only in compliance with the Zoning Ordinance of this Village.
7. No person shall locate, operate, own, suffer, allow to be operated, or aid, abet, or assist in the operation of any Adult Use Cannabis Business within the Village.
8. The operation of any Adult Use Cannabis Business within the Village in violation of the provisions of this section is hereby declared to be a public nuisance which shall be abated pursuant to all available remedies.
9. Inhaling Or Drinking Certain Substances: No person shall possess, inhale, breathe or drink any compound liquid or chemical containing nitric oxide, 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; provided, however, that the provisions of this subsection shall not apply to 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.
10. Product Containing A Synthetic Alternative Drug: No person shall:
a. Knowingly possess a product containing a synthetic alternative drug, including, without limitation, the products listed in subsection A of this section;
b. Sell, offer for sale or deliver any product containing a synthetic alternative drug, including, without limitation, the products listed in subsection A of this section;
c. Be under the influence of a product containing a synthetic alternative drug, including, without limitation, the products listed in subsection A of this section.
C. Prima Facie Proof: Whenever a person is present within any motor vehicle, conveyance, vessel, hotel/motel room, house, apartment, room, shed, yard, premises, or other area of which such person is the owner, manager, lessee, permittee, bailee, legal possessor or occupier at the time that a violation of the provisions of this Section occurs therein, said presence shall be prima facie evidence that such person had knowledge of such violation.
D. Medical Use of Cannabis: Notwithstanding anything contained in this Village Code to the contrary, pursuant to the Compassionate Use of Medical Cannabis Pilot Program Act (410 ILCS 130), as it may be amended from time to time ("the Compassionate Use Act"), the immunities and presumptions set forth in the that Act related to the medical use of cannabis are hereby incorporated herein by reference to the extent applicable.
E. Adult Use of Cannabis: Notwithstanding anything contained in this Village Code to the contrary, pursuant to the Cannabis Regulation and Tax Act (Public Act 101-027) (the "Cannabis Regulation and Tax Act"), the immunities and presumptions set forth in that Act related to limited consumption, use, sale and possession as set forth in the Cannabis Regulation and Tax Act are hereby incorporated herein by reference to the extent applicable. In a hotel/motel room, if it is a no-smoking room, no smoking of any kind shall be allowed, whether it is a tobacco product, or cannabis of any kind.
F. Drug Paraphernalia: The possession, use or sale of drug paraphernalia is prohibited, except cannabis paraphernalia that is possessed, owned, and/or used in connection with the use of cannabis, but only to the extent allowed by and in compliance with the Compassionate Use Act and/or only to the extent as allowed by and in compliance with the Cannabis Regulation and Tax Act.
G. Exceptions: A person who is over twenty-one (21) years of age may not possess, use, purchase, deliver, or attempt to deliver cannabis, except as allowed by and in compliance with the Compassionate Use Act and/or as allowed by and in compliance with the Cannabis Regulation and Tax Act.
This section shall not apply to any items or persons exempt from the Drug Paraphernalia Control Act, as amended from time to time, and/or except as allowed by and in compliance with the Compassionate Use Act (410 ILCS 130) and/or except as allowed by and in compliance with the Cannabis Regulation and Tax Act.
H. Penalties:
1. Any person who possesses and/or keeps for sale, offers for sale, sells, and/or delivers, and/or attempts to sell and/or deliver any item of drug paraphernalia, except as allowed by and in compliance with the Compassionate Use Act and/or except as allowed by and in compliance with the Cannabis Regulation and Tax Act, commits a violation of this section, for which a minimum mandatory fine of two hundred fifty dollars ($250.00) shall be imposed and shall be applicable. The fine imposed shall not exceed the general penalty in section 1-3-1 of this code for each violation. Each day on which a violation continues shall constitute a separate violation.
2. Any store, place, or premises from which or in which any item of drug paraphernalia is kept for sale, offered for sale, sold, or delivered for any commercial consideration is declared to be a public nuisance, except as allowed by and in compliance with the Compassionate Use Act and/or except as allowed by and incompliance with the Cannabis Regulation and Tax Act.
I. Forfeiture: All drug paraphernalia is subject to forfeiture as provided in the Illinois Drug Paraphernalia Control Act, as amended from time to time, except as provided in the Compassionate Use (410 ILCS 130) and/or except as allowed by and in compliance with the Cannabis Regulation and Tax Act.
J. Intent: This section is intended to be used solely for the suppression of the commercial traffic in or possession of items that, within the context of the sale or offering for sale, or possession, are for the illegal and unlawful use of cannabis or controlled substances. To this end, all reasonable and common-sense inferences shall be drawn in favor of the legitimacy of any transaction or item. (Ord. G-971, 5-22-2012; Ord. G-1164, 4-28-2020)