A. Declaration Of Policy: The Board of Trustees recognizes that: 1) the current state of scientific and medical knowledge concerning the effects of cannabis makes it necessary to acknowledge the physical, psychological, and sociological damage which is incumbent upon its use, and 2) the use of cannabis occupies the unusual position of being widely used, pervasive among the citizens of Illinois despite the warnings of possible harmful effects, and 3) previous legislation enacted to control or forbid the use of cannabis has often unnecessarily and unrealistically drawn a large segment of our population within the criminal justice system without succeeding in deterring the expansion of cannabis use, and 4) the State of Illinois recently enacted the Cannabis Regulation and Tax Act which legalizes the possession, use, and sale of cannabis in certain amounts under specifically enumerated conditions, and 5) the problems created by the use of cannabis are often local in scope and best dealt with on a local level. It is, therefore, the policy of the Board of Trustees for the Village, in the interest of the health and welfare of the citizens of the Village, to establish a reasonable penalty system which is responsive to the current state of knowledge concerning cannabis and consistent with its regulatory authority which directs the greatest efforts of law enforcement agencies toward the accumulation of more definitive knowledge concerning the use of cannabis, toward the education of the public with regard to the possible dangers inherent in the use of cannabis and toward the prevention of commercial traffickers in cannabis.
B. Declaration Of Authority: The Board of Trustees bases the authority of the instant section upon the traditional police powers granted to municipalities within the State of Illinois, consistent with the Cannabis Regulation and Tax Act, 410 ILCS 705/, and as well upon the statutory authorities enumerated in 65 Illinois Compiled Statutes, including, but not by limitation, 5/11-5-3 with regard to preventing intoxication, 5/11-60-2 with regard to preventing nuisances, 5/11-42-9 with respect to offensive businesses, 5/11-20-2 with respect to beverages and food sold for human consumption, 5/11-20-3 with respect to food and tobacco sold for human consumption, 5/11-20-6 with respect to destruction of weeds and 5/11-20-5 pertaining to the promotion of health, and those implied powers which are necessary and proper to carry out the statutorily expressed powers. Further, the Board of Trustees recognizes that it may exercise police powers on the same subject as exercised by the State so long as the exercise by the Village is not inconsistent with that of the State, and accordingly adopts this section in conformance with the principles announced in Village of Winnetka v. Sinnett, 272 III. App. 143; Village of Mt. Prospect v Malouf, 103 III. App. 2d 88; and Waller v Florida, 25 LEd.2d 435. (Ord. 228, 11-9-1976; amd. Ord. 2020-03-03PD, 3-3-2020)