(A) Cannabis Defined: "Cannabis" means 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 cannabis flower, concentrate, and cannabis-infused products.
(B) Possession Of Cannabis Prohibited: It shall be unlawful for any person to knowingly possess, sell, give away, barter, deliver, exchange, distribute or administer cannabis within the limits of the village, except as otherwise permitted by the Compassionate Use of Medical Cannabis Program Act (410 ILCS 130/1 et seq.) or the Cannabis Regulation and Tax Act (410 ILCS 705/1-1, et seq.). This section shall not be construed as conflicting with or limiting enforcement of the Illinois cannabis control act, 720 Illinois Compiled Statutes 550, as amended from time to time.
(C) Prohibited Use of Cannabis in Any Form. It shall be unlawful to use cannabis in any form in:
(1) Any public place, such as streets or parks;
(2) In any motor vehicle;
(3) On school grounds, with the exception of medical users;
(4) A private residence that is used at any time to provide licensed child care;
(5) Close proximity to minors under twenty-one years of age; and
(6) Close proximity of an on-duty school bus driver, police officer, firefighter, or corrections officer.
Any person, business, or landlord can prohibit use on private property.
(D) Notice Of Violation: Any person who violates this section by using cannabis in a prohibited location or by possessing not more than thirty grams (30 g) of cannabis shall be issued a notice of violation. The notice of violation shall direct the individual to prepay a fine of two hundred and fifty dollars ($250.00) or appear at an administrative hearing for the village.
(E) Fine: Any person appearing before the village's administrative hearing officer and found to have violated this section of this chapter by using cannabis in a prohibited location or by possessing not more than thirty grams (30 g) of cannabis shall be fined not less than two hundred fifty dollars ($250.00) and not more than seven hundred fifty dollars ($750.00) for each violation, and in the discretion of the hearing officer, may be referred to a suitable drug education, counseling, or rehabilitation program, or ordered to perform community service. (Ord. 2879, 8-6-2015; amd. Ord. 3038, 2-6-2020)