CHAPTER 136: DRUGS AND ALCOHOL
Section
   136.01   Loitering for the purpose of engaging in drug-related activity
   136.02   Possession of cannabis
   136.03   Possession of drug paraphernalia
   136.04   Alcohol anti-solicitation prohibited
   136.05   Cannabis anti-solicitation prohibited
   136.06   Possession or sale of cannabis to persons under 21 years of age
   136.07   Transportation or possession of cannabis in a motor vehicle
   136.08   Consumption and possession of cannabis on public streets, alleys and sidewalks and lots
 
   136.99   Penalty
§ 136.01 LOITERING FOR THE PURPOSE OF ENGAGING IN DRUG-RELATED ACTIVITY.
   (A)   Prohibition. No person shall loiter in or near any thoroughfare, place open to the public, or near any public or private place in a manner and under circumstances manifesting the purpose to engage in drug-related activity contrary to any of the provisions of ILCS Ch. 410.
   (B)   Among the circumstances which may be considered in determining whether the purpose is manifested are:
      (1)   The person is a known unlawful drug user possessor or seller. For purposes of this section, a KNOWN UNLAWFUL DRUG USER, POSSESSOR OR SELLER is a person who has, within the knowledge of the arresting officer, been convicted in any court within this state of any violation involving the use, possession or sale of any controlled substance as defined in ILCS Ch. 410, or the person has been convicted of any violation of any of the provisions of the chapter or substantially similar laws of any political subdivision of this state or of another state; or a person who displays physical characteristics of drug intoxication or usage, such as “needle tracks,” burned or callused thumb and index fingers, underweight, nervous and excited behavior;
      (2)   The person is currently subject to a court order prohibiting his or her presence in a high drug activity geographic area;
      (3)   The person behaves in a manner as to raise a reasonable suspicion that he or she is about to engage in or is then engaged in an unlawful drug-related activity, including by way of example only the person acting as a “lookout” or hailing or stopping cars;
      (4)   The person is physically identified by the officer as a member of a “gang” or association which has as its purpose illegal drug activity;
      (5)   The person transfers small objects or packages in a furtive fashion;
      (6)   The person takes flight or manifestly endeavors to conceal himself or herself upon the appearance of a police officer;
      (7)   The person manifestly endeavors to conceal any object which reasonable could be involved in an unlawful drug-related activity;
      (8)   The person possesses any instrument, article or thing whose customary or primary purpose is for the sale, administration or use of controlled substances such as, but not limited to, crack pipes, push wires, chore boys, hand scales, hypodermic needles, razor blades or other cutting tools;
      (9)   The area involved is by public repute known to be an area of unlawful drug use and trafficking;
      (10)   The premises involved are known to the defendant to have been reported to law enforcement as a place if drug activity pursuant to ILCS Ch. 410; and
      (11)   Any vehicle involved is registered to a known unlawful drug user, possessor or seller, or a person for whom there is any outstanding warrant for a crime involving drug-related activity.
   (C)   If any division of this section is held invalid, the invalidity shall not affect any other provision, or the application thereof, which can be given effect without the invalid provision or application, and to this end the provisions of this section are declared to be severable.
(1980 Code, § 31.145) Penalty, see § 136.99
§ 136.02 POSSESSION OF CANNABIS.
   (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
§ 136.03 POSSESSION OF DRUG PARAPHERNALIA.
   (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.
      CONTROLLED SUBSTANCE. Shall have the meaning ascribed to it in the ILCS Ch. 720, Act 570, § 102, as amended or superseded, as if that definition were incorporated herein.
      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, extracting, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body cannabis or a controlled substance in violation of § 136.02 of this code (Possession of Cannabis) or the Illinois Controlled Substances Act, as amended or superseded. It includes, but is not limited to: kits peculiar to and marketed for use in manufacturing, compounding, converting, producing, processing or preparing cannabis or a controlled substance; isomerization devices peculiar to and marketed for use in increasing the potency of any species of plant which is cannabis or a controlled substance; testing equipment peculiar to and marketed for private home use in identifying or in analyzing the strength, effectiveness or purity of cannabis or nonprescription controlled substances; dilutents and adulterants peculiar to and marketed for cutting cannabis or a non-prescribed controlled substance by private persons; 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: water pipes; carburetion tubes and devices; smoking and carburetion masks; miniature cocaine spoons and cocaine vials; carburetor pipes; electric pipes; air-driving pipes; chillums; bongs; ice pipes or chillers; any other item the purpose of which is use described in this division of this section.
   (B)   Violation.
      (1)   It is unlawful for any person under the age of twenty-one to knowingly possess an item of drug paraphernalia with the intent to use it in ingesting, inhaling or otherwise introducing cannabis or a nonprescribed controlled substance into the human body, or in preparing cannabis or a nonprescribed controlled substance for that use. In determining intent, the trier of fact may take into consideration the proximity of the cannabis or controlled substances to drug paraphernalia. The presence of cannabis or a controlled substance, not lawfully prescribed to the possessor of the item, on the item shall raise a rebuttable presumption that the item is drug paraphernalia, intended to be used for ingesting, inhaling or otherwise introducing cannabis or a controlled substance into a human body, or in preparing cannabis or a controlled substance for that use.
      (2)   Possession of drug paraphernalia authorized by Illinois law, including the Compassionate Use of Medical Cannabis Pilot Program Act as set forth in ILCS Ch. 410, Act 130, shall not be unlawful.
(Ord. 9396, passed 12-9-2019) Penalty, see § 136.99
§ 136.04 ALCOHOL ANTI-SOLICITATION PROHIBITED.
   (A)   No person within the city under the age of 21 years, unless at the direction of a peace officer of the state, shall solicit any person of the age of 21 years or greater, which adult person is not the soliciting person’s custodial parent or guardian, to solicit to obtain alcoholic liquor for possession or consumption by any person under the age of 21, nor shall the person under 21 solicit the person over the age of 21 to carry out or attempt any violation of § 111.084 of this code by any means at all, including, but not limited to, presentation of forged or false identification in an establishment that serves liquor by the drink or sells packaged liquor; the presentation of another’s identification in an establishment that serves liquor by the drink or sells packaged liquor; the direct request of another person for purposes of purchasing alcoholic liquor for use by the soliciting person or intended by the purchaser for delivery to or possession by any person whomsoever under the age of 21; the person under 21 directly requesting a person over the age of 21 to provide alcoholic liquor at any social function or gathering, whether public or private where it is intended to be made available to persons under the age of 21 years.
   (B)   For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
      SOLICIT or SOLICITATION. To command, authorize, urge, incite, request or advise another to commit an offense.
   (C)   Nothing in this alcohol anti-solicitation section shall preclude sanctions and remedies available to the state or any other jurisdiction as regards administrative punishment for use of a false, altered or forged identification instrument or operator’s license.
   (D)   Fines or penalties for violation of this section shall be identical to those as this Council may set from time to time for violations of § 111.084 as regards possession of liquor or consumption of liquor by a minor, provided, however of this section shall not constitute a conviction of possession of liquor as a minor.
(1980 Code, § 31.157) (Ord. 8997, passed 11-24-2003) Penalty, see § 136.99
§ 136.05 CANNABIS ANTI-SOLICITATION PROHIBITED.
   (A)   No person within the city under the age of 21 years, unless at the direction of a peace officer of the state or otherwise authorized by Illinois law, shall solicit any person of the age of 21 years or greater, which adult person is not the soliciting person's custodial parent or guardian, to solicit to obtain cannabis for possession or consumption by any person under the age of 21. Nor shall the person under 21 solicit the person over the age of 21 to carry out or attempt to obtain cannabis by any means at all, including, but not limited to:
      (1)   Presentation of forged or false identification in an establishment that sells cannabis;
      (2)   The presentation of another's identification in an establishment that sells cannabis;
      (3)   The direct request of another person for purposes of purchasing cannabis for use by the soliciting person or intended by the purchaser for delivery to or possession by any person whomsoever under the age of 21; or
      (4)   The person under 21 directly requesting a person over the age of 21 to provide cannabis at any social function or gathering, whether public or private where it is intended to be made available to persons under the age of 21 years.
   (B)   For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
      SOLICIT or SOLICITATION. To command, authorize, urge, incite, request or advise another to commit an offense.
   (C)   Nothing in this cannabis anti-solicitation section shall preclude sanctions and remedies available to the state or any other jurisdiction as regards administrative punishment for use of a false, altered or forged identification instrument or operator's license.
   (D)   Fines or penalties for violation of this section shall be identical to those as this Council may set from time to time for violations of § 111.084 as regards possession alcohol by a minor or consumption of alcohol by a minor, provided, however, this section shall not constitute a conviction of possession of cannabis as a minor.
(Ord. 9395, passed 12-9-2019) Penalty, see § 136.99
§ 136.06 POSSESSION OR SALE OF CANNABIS TO PERSONS UNDER 21 YEARS OF AGE.
   (A)   It shall be unlawful for any person under 21 years of age to consume, purchase or possess cannabis, or to misrepresent his or her age for the purpose of purchasing or obtaining cannabis in the city where cannabis is sold unless authorized by Illinois law.
   (B)   It shall be unlawful to sell, give or deliver cannabis to any person under 21 years of age or to permit any persons under 21 years of age to consume cannabis unless authorized by Illinois law.
   (C)   If a licensee or his or her agents or employees believes or has reason to believe that a sale or delivery of cannabis is prohibited because of the age of the prospective recipient, he or she shall, before making the sale or delivery, demand presentation of a military identification card or driver's license issued by a competent authority containing proof of age and a photograph.
   (D)   POSSESS as used herein shall mean to physically or constructively possess a container, package, receptacle, or other carrying device containing cannabis or to possess by consumption any amount of cannabis. Any evidence of consumption of cannabis by a person under 21 years of age shall be prima facie evidence and create a rebuttable presumption that the person is in possession of cannabis within the meaning of this section, which presumption may be rebutted by a preponderance of evidence that the consumption took place in a specific, reasonably identified location outside the boundaries of the city.
   (E)   Fines or penalties for violation of this section shall be identical to those as this Council may set from time to time for violations of § 111.084 as regards to furnishing liquor to minors.
(Ord. 9395, passed 12-9-2019) Penalty, see § 10.99
§ 136.07 TRANSPORTATION OR POSSESSION OF CANNABIS IN A MOTOR VEHICLE.
   (A)   Except as authorized by Illinois state law, no driver, who is a medical cannabis cardholder, a medical cannabis designated caregiver, medical cannabis cultivation center agent, or dispensing organization agent may possess medical cannabis within any area of any motor vehicle except in a sealed, odor-proof, and child-resistant medical cannabis container which must be reasonably inaccessible.
   (B)   Except as authorized by Illinois state law, no passenger, who is a medical cannabis card holder, a medical cannabis designated caregiver, or medical cannabis dispensing organization agent may possess medical cannabis within any passenger area of any motor vehicle except in a sealed, odor-proof, and child-resistant medical cannabis container which must be reasonably inaccessible.
   (C)   Except as authorized by Illinois state law, no driver, who is not a medical cannabis cardholder, may possess cannabis within any area of any motor vehicle except in a sealed, odor-proof, child-resistant cannabis container which must be reasonably inaccessible.
   (D)   Except as authorized by Illinois state law, no passenger, who is not a medical cannabis cardholder, may possess cannabis within any passenger area of any motor vehicle except in a sealed, odor-proof, child-resistant cannabis container which must be reasonably inaccessible.
   (E)   Fines or penalties for violation of this section shall be identical to those as this Council may set from time to time for violations of § 111.095 as regards transportation of liquor.
(Ord. 9395, passed 12-9-2019) Penalty, see § 10.99
§ 136.08 CONSUMPTION AND POSSESSION OF CANNABIS ON PUBLIC STREETS, ALLEYS AND SIDEWALKS AND LOTS.
   (A)   Consumption and possession unlawful. It shall be unlawful for any person to consume cannabis while upon any public street, public alley, public sidewalk or public parking lot within the corporate limits of the city unless authorized by Illinois state law.
   (B)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      PUBLIC ALLEY. A public way within a block, generally giving access to the rear of lots or buildings and not used for general traffic circulation.
      PUBLIC PARKING LOT. Any place available to the general public or the customers of a place, establishment or business open to the general public, whether or not publicly owned, used for the standing of a vehicle, whether occupied or not.
 
2021 S-7
   Drugs and Alcohol   39
      PUBLIC SIDEWALK. The portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for use of pedestrians, and also including any grassways or other areas between that portion of a street actually improved, designed and used for vehicular traffic and the adjacent property lines not subject to a right-of-way.
      PUBLIC STREET. The entire width between boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
(Ord. 9395, passed 12-9-2019) Penalty, see § 10.99
§ 136.99 PENALTY.
   Any person, firm or corporation who violates any of the provisions of this chapter shall, in addition to any other relief as the law may afford, be punishable as set forth in § 10.99 of this code.
(1980 Code, § 31.160)