(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CANNABIS. Marijuana, hashish, and other substances that are identified as including any parts of the plant Cannabis sativa and including derivatives or subspecies, such as indica, of all strains of cannabis, 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 naturally produced cannabinol derivatives, whether produced directly or indirectly by extraction; however, 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 from it), fiber, oil or cake, or the sterilized seed of the plant that is incapable of germination. CANNABIS does not include industrial hemp as defined and authorized under the Industrial Hemp Act. CANNABIS also means concentrate and cannabis-infused products.
PUBLIC VIEW. Within the sight line with normal visual range of a person, unassisted by visual aids, from a public street or sidewalk adjacent to real property, or from within an adjacent property.
(B) Violation.
(1) It is unlawful for any person under the age of twenty-one to knowingly possess any substance containing cannabis unless authorized by Illinois law.
(2) Unless otherwise authorized by Illinois law, a person who is 21 years of age or older and a resident of this state, may possess cannabis with a limit as follows:
(a) Thirty grams of cannabis flower;
(b) No more than 500 milligrams of THC contained in cannabis-infused product;
(c) Five grams of cannabis concentrate; and
(d) For registered qualifying patients under the Compassionate Use of Medical Cannabis Pilot Program Act, any cannabis produced by cannabis plants grown in accordance with Illinois law. Cannabis plants shall not be stored or placed in a location where they are subject to ordinary public view, as defined herein. A registered qualifying patient who cultivates cannabis under Illinois law shall take reasonable precautions to ensure the plants are secure from unauthorized access, including unauthorized access by a person under 21 years of age.
(3) Unless otherwise authorized by Illinois law, a person who is 21 years of age or older and who is not a resident of this state, the possession limit is;
(a) Fifteen grams of cannabis flower;
(b) Two and one-half grams of cannabis concentrate; and
(c) Two hundred fifty milligrams of THC contained in a cannabis-infused product.
(4) The possession limits found in subsections (B)(2) and (B)(3) of this section are to be considered cumulative.
(5) No person shall knowingly obtain, seek to obtain, or possess an amount of cannabis from a dispensing organization or craft grower that would cause him or her to exceed the possession limit under this section, including cannabis that is cultivated by a person under this Act or obtained under the Compassionate Use of Medical Cannabis Pilot Program Act.
(6) Except authorized by Illinois law, it is unlawful for any person knowingly to produce cannabis sativa plant or to possess such plants.
(7) This restriction on the applicability of this section shall in no way limit the unlawfulness of the possession of cannabis in the city.
(8) Possession of cannabis pursuant to the Compassionate Use of Medical Cannabis Pilot Program Act as set forth in the ILCS Ch. 410, Act 130, shall not be unlawful.
(Ord. 9396, passed 12-9-2019) Penalty, see § 136.99