(A) Possession, exceeding state limits. It shall be unlawful for and no person shall possess more than 30 grams of raw cannabis, cannabis-infused products containing more than 500 milligrams of THC, or five grams of cannabis product in concentrated form.
(B) Possession, sale or providing to minors prohibited.
(1) It shall be unlawful for and no person under the age of 21 shall possess, consume or use any substance containing cannabis or THC, except as allowed by the Compassionate Use of Medical Cannabis Program Act, as amended.
(2) It shall be unlawful for and no person, after purchasing or otherwise obtaining any substance containing cannabis or THC shall sell, give or deliver such substance to a person under the age of 21, except as allowed by the Compassionate Use of Medical Cannabis Program Act, as amended.
(C) Possession, outside of sealed and labeled container. Except as may be lawfully used within a private residence or other location where on-site consumption is lawfully permitted, it shall be unlawful for any person to possess cannabis outside of a sealed and properly labeled container as required under Article 55 of the Cannabis Regulation and Tax Act.
(D) Unlawful consumption of cannabis. It shall be unlawful for and no person shall use cannabis or cannabis-infused products in public, in ordinary public view or within the presence of a person under the age of 21, except as allowed by the Compassionate Use of Medical Cannabis Program Act, as amended, and as otherwise provided by this chapter. For purposes of this division (D), the term IN PUBLIC includes, but is not limited to, any street, sidewalk, park, playground, school, commercial or business establishment, government facility, office facility, health care facility, in a vehicle, parking lot or garage, or other place in ordinary public view, but does not include a residential property when the person is within their residential structure or is not visible from the public right-of-way and when the residence is not used to provide licensed child care or other similar social service care and the use is not done in the presence of a person under the age of 21.
(E) Unlawful possession of cannabis sativa plant. It shall be unlawful for any person to possess a cannabis sativa plant, except as provided by the Cannabis Regulation and Tax Act, as may be amended.
(F) Exceptions.
(1) Any person who manufactures, distributes, dispenses or is in possession of any controlled substance for research purposes, pursuant to 720 ILCS 550/11, as hereafter amended, shall be exempt from the provisions of this section;
(2) Any person in possession of a compassionate use of medical cannabis card, as provided by the Compassionate Use of Medical Cannabis Program Act, as amended, may grow up to five cannabis plants within a secured enclosed facility;
(3) Possession and/or consumption by any person in possession of a compassionate use of medical cannabis card, as provided by the Compassionate Use of Medical Cannabis Program Act, as may be amended, where said possession and/or consumption is authorized by and in accordance with said Act; and
(4) Any person who is licensed and authorized by the state to dispense, cultivate, grow, infuse or deliver cannabis or substances containing THC to the extent it is permitted and authorized by state law.
(G) Admissibility of cannabis. In a prosecution for a violation of this section, evidence of cannabis shall only be admitted into evidence based upon:
(1) A properly administered field test; or
(2) Opinion testimony of a peace officer based on the officer’s training and experience as qualified by the court.
(H) Relationship to state laws. Except as provided herein, violations of this section shall be considered civil in nature and prosecuted as local ordinance violations. The village may however, in its discretion, refer violations involving the possession or consumption of cannabis under the Cannabis Control Act, or other applicable law, to the State’s Attorney for charges pursuant to state law instead of bringing charges pursuant to this section, but no person shall be charged both pursuant to this chapter and state law for the same offense. If the law requires a charge involving the possession or consumption of cannabis to be referred to the State’s Attorney to be charged criminally pursuant to state law, the village shall make such a referral and shall not prosecute the violation as a local ordinance violation.
(Ord. 19-29, passed 12-9-2019) Penalty, see § 137.99