(A) Personal use of cannabis.
(1) Beginning January 1, 2020, except as otherwise provided in the Cannabis Regulation and Tax Act, ILCS Ch. 410, Act 705, §§ 1-1 et seq. (the "Act"), the following acts are prohibited in the village:
(a) Possession, consumption, use, purchase, obtaining, or transporting cannabis paraphernalia or an amount of cannabis for personal use that exceeds the possession limit under ILCS Ch. 410, Act 705, § 10-10 or otherwise not in accordance with the requirements of the Act;
(b) Cultivation of cannabis for personal use not in accordance with the requirements of the Act; and
(c) Controlling property if actions that are authorized by the Act occur on the property not in accordance with the Act.
(2) Except as otherwise provided in the Act, it is unlawful for any person knowingly to possess cannabis.
(3) Except as otherwise provided in the Act, it is unlawful for any person knowingly to manufacture, deliver, or possess with intent to deliver, or manufacture, cannabis.
(B) Personal use of cannabis; restrictions on cultivation; penalties.
(1) Any person other than a registered qualifying patient under the Compassionate Use of Medical Cannabis Program Act who cultivates cannabis plants is liable for penalties provided by this section.
(2) Any registered qualifying patient under the Compassionate Use of Medical Cannabis Program Act who:
(a) Cultivates cannabis plants in violation of ILCS Ch. 410, Act 705, § 10-5;
(b) Cultivates more than the allowable number of cannabis plants; or
(c) Sells or gives away cannabis plants, cannabis, or cannabis-infused products produced under ILCS Ch. 410, Act 705, § 10-5, is liable for penalties as provided by this section.
(C) Persons under 21 years of age.
(1) The transfer of cannabis, with or without remuneration, to a person under 21 years of age, or allowing a person under 21 years of age to purchase, possess, use, process, transport, grow, or consume cannabis except where authorized by the Compassionate Use of Medical Cannabis Program Act or by the Community College Cannabis Vocational Pilot Program is prohibited.
(2) It is unlawful for any person under 21 years of age knowingly to possess cannabis paraphernalia or cannabis, except under provisions of law authorizing the possession of medical cannabis.
(3) It is unlawful for any parent or guardian to knowingly permit his or her residence, any other private property under his or her control, or any vehicle, conveyance, or watercraft under his or her control to be used by an invitee of the parent's child or the guardian's ward, if the invitee is under the age of 21, in a manner that constitutes a violation of this section. A parent or guardian is deemed to have knowingly permitted his or her residence, any other private property under his or her control, or any vehicle, conveyance, or watercraft under his or her control to be used in violation of this section if he or she knowingly authorizes or permits consumption of cannabis by underage invitees. In this division, where the residence or other property has an owner and a tenant or lessee, the trier of fact may infer that the residence or other property is occupied only by the tenant or lessee.
(D) Prohibited conduct. No person may engage in the following conduct:
(1) Possessing cannabis:
(a) In a school bus, unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Program Act;
(b) On the grounds of any preschool or primary or secondary school, unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Program Act;
(c) In any correctional facility;
(d) In a vehicle not open to the public unless the cannabis is in a reasonably secured, sealed container and reasonably inaccessible while the vehicle is moving; or
(e) In a private residence that is used at any time to provide licensed child care or other similar social service care on the premises.
(2) Using cannabis:
(a) In a school bus, unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Program Act;
(b) On the grounds of any preschool or primary or secondary school, unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Program Act;
(c) In any correctional facility;
(d) In any motor vehicle;
(e) 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) In any public place; as used in this section, PUBLIC PLACE means any place where a person could reasonably be expected to be observed by others; PUBLIC PLACE includes all parts of buildings owned in whole or in part, or leased, by the state or the village, PUBLIC PLACE includes all areas in a park, recreation area, wildlife area, or playground owned in whole or in part, leased, or managed by the state or the village; 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; or
(g) Knowingly in close physical proximity to anyone under 21 years of age who is not a registered medical cannabis patient under the Compassionate Use of Medical Cannabis Program Act;
(3) Smoking cannabis in any place where smoking is prohibited under the Smoke Free Illinois Act;
(4) Operating, navigating, or being in actual physical control of any motor vehicle, aircraft, watercraft, or snowmobile while using or under the influence of cannabis in violation of the Illinois Vehicle Code, ILCS Ch. 625, Act 5, §§ 11-501 or 11-502.1, the Boat Registration and Safety Act, ILCS Ch. 625, Act 45, § 5-16, the Snowmobile Registration and Safety Act, ILCS Ch. 625, Act 40, § 5-7 or motorboat while using or under the influence of cannabis in violation of ILCS Ch. 625, Act 5, §§ 11-501 or 11-502.1;
(5) Facilitating the use of cannabis by any person who is not allowed to use cannabis under the Act or the Compassionate Use of Medical Cannabis Pilot Program Act;
(6) Transferring cannabis to any person contrary to the Act or the Compassionate Use of Medical Cannabis Program Act;
(7) The use of cannabis by a law enforcement officer, corrections officer, probation officer, or firefighter while on duty; or
(8) The use of cannabis by a person who has a school bus permit or a commercial driver's license while on duty.
(E) Cannabis waste.
(1) Any recyclable waste generated by a cultivator for personal use, cannabis cultivation facility, craft grower facility, or infuser must be recycled per applicable state and local laws, ordinances, and rules.
(2) Any cultivator for personal use, cannabis cultivation facility, craft grower facility, or infuser must store, secure, and manage all recyclables and waste, including organic waste composed of or containing finished cannabis and cannabis products, in accordance with applicable state and local laws, ordinances and rules.
(3) Cannabis and cannabis-infused product waste must be destroyed by rendering it unusable following the methods set forth in this section. The allowable method to render cannabis waste unusable is by grinding and incorporating the cannabis waste with other ground materials so the resulting mixture is at least 50% non- cannabis waste by volume. Material used to grind with the cannabis falls into two categories, compostable waste and non-compostable waste.
(a) Compostable mixed waste. Cannabis waste to be disposed as compost feedstock or in another organic waste method (for example, anaerobic digester) may be mixed with the following types of waste materials:
1. Food waste;
2. Yard waste; or
3. Other approved wastes (e.g., agricultural material, biodegradable products and paper, clean wood, fruits and vegetables, plant matter).
(b) Non-compostable mixed waste. Cannabis waste to be disposed in a landfill or by another disposal method may be mixed with the following types of waste materials:
1. Paper waste;
2. Cardboard waste;
3. Plastic waste;
4. Soil; or
5. Other approved wastes (e.g., non-recyclable plastic, broken glass, leather).
(4) Cannabis waste rendered unusable following the methods described in this section can be disposed. Disposal of the cannabis waste rendered unusable may be delivered to a permitted solid waste facility for final disposition. Examples of acceptable permitted solid waste facilities include:
(a) Compostable mixed waste. Compost, anaerobic digester or other facility with approval of the jurisdictional health department.
(b) Non-compostable mixed waste. Landfill, incinerator or other facility with approval of the jurisdictional health department.
(F) Cannabis advertising.
(1) No cannabis business establishment nor any other person or entity shall engage in advertising that contains any statement or illustration that:
(a) Is false or misleading;
(b) Promotes overconsumption of cannabis or cannabis products;
(c) Depicts the actual consumption of cannabis or cannabis products;
(d) Depicts a person under 21 years of age consuming cannabis;
(e) Makes any health, medicinal, or therapeutic claims about cannabis or cannabis-infused products;
(f) Includes the image of a cannabis leaf or bud; or
(g) Includes any image designed or likely to appeal to minors, including cartoons, toys, animals, or children, or any other likeness to images, characters, or phrases that is designed in any manner to be appealing to or encourage consumption by persons under 21 years of age.
(2) No cannabis business establishment nor any other person or entity shall place or maintain, or cause to be placed or maintained, an advertisement of cannabis or a cannabis-infused product in any form or through any medium:
(a) Within 1,000 feet of the perimeter of school grounds, a playground, a recreation center or facility, a child care center, a public park or public library, or a game arcade to which admission is not restricted to persons 21 years of age or older;
(b) On or in a public transit vehicle or public transit shelter;
(c) On or in publicly owned or publicly operated property; or
(d) That contains information that:
1. Is false or misleading;
2. Promotes excessive consumption;
3. Depicts a person under 21 years of age consuming cannabis;
4. Includes the image of a cannabis leaf; or
5. Includes any image designed or likely to appeal to minors, including cartoons, toys, animals, or children, or any other likeness to images, characters, or phrases that are popularly used to advertise to children, or any imitation of candy packaging or labeling, or that promotes consumption of cannabis.
(3) Divisions (1) and (2) above do not apply to an educational message.
(4) Sales promotions. No cannabis business establishment nor any other person or entity may encourage the sale of cannabis or cannabis products by giving away cannabis or cannabis products, by conducting games or competitions related to the consumption of cannabis or cannabis products, or by providing promotional materials or activities of a manner or type that would be appealing to children.
(5) For purposes of this section, ADVERTISE means to engage in promotional activities including, but not limited to: newspaper, radio, Internet and electronic media, and television advertising; the distribution of fliers and circulars; billboard advertising; and the display of window and interior signs. ADVERTISE does not mean exterior sign age displaying only the name of the licensed cannabis business establishment.
(G) Preemption.
(1) This section should not be construed to regulate or license the activities described in the Act except as otherwise provided in the Act.
(2) This section should not be construed to regulate the activities described in the Cannabis Regulation and Tax Act, ILCS Ch. 410, Act 705, § 55-25(1) - (3), in a manner more restrictive than the regulation of those activities by the state under the Act.
(3) In the event of a conflict between this section, and the Act and its administrative rules, the Act and its rules will prevail.
(H) Any person who violates any provision of this section is subject to a civil penalty of $200.
(Ord 2019-55, passed 12-16-19)