(A) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
CANNABIS. 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 the plant; and any compound, manufacture, salt, derivative, mixture or preparation of the 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 the plant; fiber produced from the stalks; oil or cake made from the seeds of the plant; any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom); fiber, oil or cake; or the sterilized seed of the plant which is incapable of germination.
PUBLIC PLACE. Any place where a person could reasonably be expected to be observed by others. A PUBLIC PLACE includes all parts of buildings owned in whole or in part, or leased, by the state or a unit of local government. A PUBLIC PLACE does not include a private residence unless the private residence is used to provide licensed child care, foster care or other similar social service care on the premises.
(B) For an Illinois resident who is 21 years or older, the possession limit is any combination of the following:
(1) Thirty grams of raw cannabis;
(2) Cannabis-infused product or products containing a total of no more than 500 mg of THC; or
(3) Five grams of cannabis product in concentrated form.
(C) For individuals who register as qualifying patients under the state's existing medical cannabis program only:
(1) Up to five cannabis plants and the cannabis produced from those five plants, secured within the residence or dwelling unit (no matter how many people reside in a residence, only five plants are allowed per residence). If the plants produce more than the 30 grams of raw cannabis that one individual is allowed to possess, the excess cannabis product must remain in the residence. Qualifying patients are allowed to possess any combination of the amounts indicated above for Illinois residents. Additionally, if they have plants that yield more than the 30 grams, the excess must remain secured in the residence or residential property it is grown.
(D) For a person who is 21 year of age or older and who is not a resident of Illinois, the possession limit is any combination of the following:
(1) Fifteen grams of raw cannabis;
(2) Cannabis-infused product or products containing a total of no more than 250 mg of THC; or
(3) Two and one-half grams of concentrated cannabis. A non-resident may not possess cannabis plants.
(E) A person is restricted from possessing cannabis in the following locations:
(1) Possessing cannabis on a school bus;
(2) Possessing cannabis on the grounds of any preschool or primary or secondary school unless approved as a medical cannabis patient;
(3) Possessing cannabis in any correctional facility;
(4) Possessing cannabis in a vehicle not open to the public unless the cannabis is in a reasonably secured, sealed, tamper-evident container and reasonably inaccessible while the vehicle is moving; and
(5) Possessing cannabis 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) A person is not permitted to engage in consuming cannabis in the following:
(1) On a school bus;
(2) Consuming cannabis on the grounds of any preschool or primary or secondary school unless authorized in the medical cannabis program;
(3) Consuming cannabis in any correctional facility;
(4) Consuming cannabis in any motor vehicle. Consuming cannabis 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) Consuming cannabis in any public place or knowingly in close physical proximity to anyone under 21 years of age;
(6) Consuming cannabis in any public place where a person could reasonably be expected to be observed by others; or
(7) Consuming cannabis in any location where smoking is prohibited by the Smoke Free Illinois Act (410 ILCS 82/1 et seq.), including hospitals, restaurants, retail stores, offices, commercial establishments, etc.
(G) Possession and consumption of cannabis as defined by this section is prohibited by persons under 21 years of age.
(H) 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.
(I) 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 the supervision, and shall defer further proceedings in the case until the conclusion of the 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 § 10.99.
(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 the person.
(J) (1) It is 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 the minor is charged with a violation of this section. To this end, it is 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 Oak Forest |
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 the minor in court. You are further notified that one of the parents or legal guardians of the 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. |
(2) The City Attorney is directed to have subpoenas issued whenever a parent or legal guardian of a minor does not appear in court after the first two times the minor’s case has been before the court.
(2000 Code, § 9.08.110) (Am. Ord. 2019-12-0777O, passed 12-10-2019) Penalty, see § 131.99