(A) Any person who violates this section shall be guilty of a civil law violation punishable by a minimum fine of $100, and a maximum fine of $750.
(B) It shall be unlawful for any person under the age of 21 years to knowingly possess any quantity of any substance containing cannabis, unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Program Act (ILCS Ch. 410, Act 130, §§ 100 et seq.).
(C) It shall be unlawful for any person who is a resident of this state to knowingly possess cannabis in excess of the following amounts:
(1) 30 grams, but less than 100 grams, of cannabis flower;
(2) 500 milligrams tetrahydrocannabinol (THC) in cannabis-infused products; and
(3) 5 grams cannabis concentrate.
The possession limits contained herein are to be considered cumulative.
(D) It shall be unlawful for any person who is not a resident of this state to knowingly possess cannabis in excess of the following amounts:
(1) 15 grams, but less than 100 grams, of cannabis flower;
(2) 25 milligrams tetrahydrocannabinol (THC) in cannabis-infused products; and
(3) 2.5 grams cannabis concentrate.
The possession limits contained herein are to be considered cumulative.
(E) It shall be unlawful for any person to possess cannabis, as follows:
(1) In a school bus, unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Program Act (ILCS Ch. 410, Act 130, §§ 100 et seq.);
(2) On the grounds of any preschool or primary or secondary school, unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Program Act (ILCS Ch. 410, Act 130, §§ 100 et seq.);
(3) In a vehicle not open to the public unless the cannabis is in a reasonably secured, sealed container and reasonably inaccessible while the vehicle is moving; or
(4) In a private residence that is used at any time to provide licensed child care or other similar social service care on the premises.
(F) It shall be unlawful for any person to use cannabis, as follows:
(1) In a school bus, unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Program Act (ILCS Ch. 410, Act 130, §§ 100 et seq.);
(2) On the grounds of any preschool or primary or secondary school, unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Program Act (ILCS Ch. 410, Act 130, §§ 100 et seq.);
(3) In any motor vehicle;
(4) In a private residence that is used at any time to provide licensed child care or other similar social service care on the premises;
(5) Knowingly in any public place; or
(6) In close physical proximity to anyone under 21 years of age who is not a registered medical cannabis patient under the Compassionate Use of Medical Cannabis Program Act (ILCS Ch. 410, Act 130, §§ 100 et seq.).
(G) It shall be unlawful for any person to smoke cannabis in any place where smoking is prohibited under the Smoke Free Illinois Act and in retail tobacco stores, as defined in § 135.10 of the Code of Ordinances of the City of Oakbrook Terrace.
(H) It shall be unlawful for any person to knowingly permit the consumption of cannabis by a person under the age of 21 in his or her residence or any other private property under his or her control except when authorized by a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Program Act.
(I) It shall be unlawful for any person under the age of 21 years to purchase, possess or use a tetrahydrocannabinol product.
(Am. Ord. 16-48, passed 11-22-16; Am. Ord. 20- 18, passed 5-26-20; Am. Ord. 23-19, passed 7-25-23) Penalty, see § 136.99
Statutory reference:
Lawful possession of cannabis for research purposes, see ILCS Ch. 720, Act 550, § 11
Violator under 18 years of age subject to Juvenile Court Act, see ILCS Ch. 720, Act 550, § 7
Probation for first offenses relating to cannabis, see ILCS Ch. 720, Act 550, § 10
Federal or state prosecution bar to municipal prosecution, see ILCS Ch. 720, Act 550, § 13