(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CANNABIS. Includes marijuana, hashish and other substances which are identified as including any parts of the plant Cannabis sativa, whether growing or not; the seeds thereof, the resin extracted from any part of such plant; and any compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds, or resin, including tetrahydrocannabinol (THC) and all other cannabinol derivatives, including the naturally occurring or synthetically produced ingredients, whether produced directly or indirectly or by extraction, or independently by means of chemical syntheses; but shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of such plant which is incapable of germination.
DELIVER or DELIVERY. The actual, constructive or attempted transfer of possession of cannabis, with or without consideration, whether or not there is an agency relationship.
(B) Prohibitions.
(1) Possession limit.
(a) Except if otherwise authorized by the Cannabis Regulation and Tax Act, ILCS Ch. 410, Ch. 705, §§ 1-1 et seq. (“this Act”), for a person who is 21 years of age or older and a resident of this state, the possession limit is as follows:
1 Thirty grams of cannabis flower;
2. No more than 500 milligrams of THC contained in cannabis-infused product;
3. Five grams of cannabis concentrate; and
4. For registered qualifying patients, any cannabis produced by cannabis plants grown under ILCS Ch. 410, Act 705, § 10-5(b), provided any amount of cannabis produced in excess of 30 grams of raw cannabis or its equivalent must remain secured within the residence or residential property in which it was grown.
(b) For a person who is 21 years of age or older and who is not a resident of this state, the possession limit is:
1. Fifteen grams of cannabis flower;
2. Two and a half grams of cannabis concentrate; and
3. Two hundred fifty milligrams of THC contained in a cannabis-infused product.
(c) The possession limit of this section is to be considered cumulative.
(d) 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 Program Act, ILCS Ch. 410, Act 130, §§ 1 et seq.
(e) Cannabis and cannabis-derived substances regulated under the Industrial Hemp Act, ILCS Ch. 505, Act 89, §§ 1 et seq., are not covered by this Act.
(2) Persons under 21 years of age.
(a) Nothing in this Act is intended to permit the transfer of cannabis, with or without remuneration, to a person under 21 years of age, or to allow 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.
(b) Notwithstanding any other provisions of law authorizing the possession of medical cannabis, nothing in this Act authorizes a person who is under 21 years of age to possess cannabis. A person under 21 years of age with cannabis in his or her possession is guilty of a civil law violation as outlined in paragraph (a) of Section 4 of the Cannabis Control Act, ILCS Ch. 720, Act 550, § 4(a).
(c) 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.
(3) Identification; false identification.
(a) To protect personal privacy, the Department of Financial and Professional Regulation shall not require a purchaser to provide a dispensing organization with personal information other than government-issued identification to determine the purchaser’s age, and a dispensing organization shall not obtain and record personal information about a purchaser without the purchaser’s consent. A dispensing organization shall use an electronic reader or electronic scanning device to scan a purchaser’s government-issued identification, if applicable, to determine the purchaser’s age and the validity of the identification. Any identifying or personal information of a purchaser obtained or received in accordance with this section shall not be retained, used, shared or disclosed for any purpose except as authorized by this Act.
(b) A person who is under 21 years of age may not present or offer to a cannabis business establishment or the cannabis business establishment’s principal or employee any written or oral evidence of age that is false, fraudulent or not actually the person’s own, for the purpose of:
1. Purchasing, attempting to purchase, or otherwise obtaining or attempting to obtain cannabis or any cannabis product; or
2. Gaining access to a cannabis business establishment.
Nothing in this Act may be construed to require any person or establishment in lawful possession of property to allow a guest, client, lessee, customer or visitor to use cannabis on or in that property, including on any land owned, in whole or in part, or managed, in whole or in part, by the state.
(4) Limitations and penalties.
(a) This Act does not permit any person to engage in, and does not prevent the imposition of any civil, criminal or other penalties for engaging in, any of the following conduct:
1. Undertaking any task under the influence of cannabis when doing so would constitute negligence, professional malpractice, or professional misconduct;
2. 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;
3. 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; 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;
4. Smoking cannabis in any place where smoking is prohibited under the Smoke Free Illinois Act, ILCS Ch. 410, Act 82, §§ 1 et seq.;
5. 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 Section 11-501 or Section 11-502.1 of the Illinois Vehicle Code (ILCS Ch. 625, Act 5, § 11-501 or § 11-502.1), Section 5-16 of the Boat Registration and Safety Act (ILCS Ch. 625, Act 45, § 5-16), or Section 5-7 of the Snowmobile Registration and Safety Act (ILCS Ch. 625, Act 40, § 5-7;
6. Facilitating the use of cannabis by any person who is not allowed to use cannabis under this Act or the Compassionate Use of Medical Cannabis Program Act;
7. Transferring cannabis to any person contrary to this Act or the Compassionate Use of Medical Cannabis Program Act;
8. The use of cannabis by a person who has a school bus permit or a commercial driver’s license while on duty.
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 a unit of local government. 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 a unit of local government. 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.
(b) Nothing in this Act shall be construed to prevent the arrest or prosecution of a person for reckless driving or driving under the influence of cannabis, operating a watercraft under the influence of cannabis, or operating a snowmobile under the influence of cannabis, if probable cause exists.
(c) Nothing in this Act shall prevent a private business from restricting or prohibiting the use of cannabis on its property, including areas where motor vehicles are parked.
(d) Nothing in this Act shall require an individual or business entity to violate the provisions of federal law, including colleges or universities that must abide by the Drug-Free Schools and Communities Act Amendments of 1989, that require campuses to be drug free.
(5) Personal use of cannabis; restrictions on cultivation. Cultivating cannabis for personal use is subject to the following limitations.
(a) An Illinois resident 21 years of age or older who is a registered qualifying patient under the Compassionate Use of Medical Cannabis Program Act may cultivate cannabis plants, with a limit of five plants that are more than five inches tall, per household without a cultivation center or craft grower license. In this section, RESIDENT means a person who has been domiciled in the State of Illinois for a period of 30 days before cultivation.
(b) Cannabis cultivation must take place in an enclosed, locked space.
(c) Adult registered qualifying patients may purchase cannabis seeds from a dispensary for the purpose of home cultivation. Seeds may not be given or sold to any other person.
(d) Cannabis plants shall not be stored or placed in a location where they are subject to ordinary public view, as defined in this Act. A registered qualifying patient who cultivates cannabis under this section shall take reasonable precautions to ensure the plants are secure from unauthorized access, including unauthorized access by a person under 21 years of age.
(e) Cannabis cultivation may occur only on residential property lawfully in possession of the cultivator or with the consent of the person in lawful possession of the property. An owner or lessor of residential property may prohibit the cultivation of cannabis by a lessee.
(f) A dwelling, residence, apartment, condominium unit, enclosed, locked space, or piece of property not divided into multiple dwelling units shall not contain more than five plants at any one time.
(g) Cannabis plants may only be tended by registered qualifying patients who reside at the residence, or their authorized agent attending to the residence for brief periods, such as when the qualifying patient is temporarily away from the residence.
(h) A registered qualifying patient who cultivates more than the allowable number of cannabis plants, or who sells or gives away cannabis plants, cannabis, or cannabis-infused products produced under this section, is liable for penalties as provided by law, including the Cannabis Control Act, ILCS Ch. 720, Act 550, §§ 1 et seq., in addition to loss of home cultivation privileges as established by rule.
(i) Residential property lawfully in possession of the cultivator or with the consent of the person in lawful possession of the property. An owner or lessor of residential property may prohibit the cultivation of cannabis by a lessee.
(j) A dwelling, residence, apartment, condominium unit, enclosed, locked space, or piece of property not divided into multiple dwelling units shall not contain more than five plants at any one time.
(k) Cannabis plants may only be tended by registered qualifying patients who reside at the residence, or their authorized agent attending to the residence for brief periods, such as when the qualifying patient is temporarily away from the residence.
(l) A registered qualifying patient who cultivates more than the allowable number of cannabis plants, or who sells or gives away cannabis plants, cannabis, or cannabis-infused products produced under this section, is liable for penalties as provided by law, including the Cannabis Control Act, in addition to loss of home cultivation privileges as established by rule.
(C) Prima facie proof. Whenever a person is present within any motor vehicle, conveyance, vessel, house, apartment, room, shed, yard, premises, or other area of which such person is the owner, lessee, permittee, bailee, legal possessor or occupier at the time that a violation of the provisions of this section occurs therein, that presence shall be prima facie evidence that the person had knowledge of the violation.
(D) Medical use of cannabis. Notwithstanding anything contained in this code to the contrary, pursuant to the Compassionate Use of Medical Cannabis Pilot Program Act, as it may be amended from time to time ("the Act"), the immunities and presumptions set forth in the Act related to the medical use of cannabis are hereby incorporated herein by reference to the extent applicable.
(E) Violation; penalty. Any person who commits the act prohibited herein shall be guilty of a village ordinance violation and shall be punishable as provided in § 10.99 of this code.
(Ord. 16-06, passed 8-16-2016; Ord. 20-4, passed 1-21-2020)