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A. Inhaling, Drinking Or Possessing Certain Substances: No person shall inhale, breathe, drink, or possess with the intent to inhale, any compound, liquid or chemical containing toluol, hexane, trichloroethylene, acetone, toluene, ethyl acetate, methyl ethyl acetone, trichloroethane, isopropanol, methyl isobutyl ketone, methyl cellosolve acetate, cyclohexanone or any other substance for the purpose of inducing symptoms of intoxication, elation, dizziness, paralysis, irrational behavior, or in any manner to change, distort or disturb the audio, visual or mental processes. For the purpose of this section, any such condition so induced shall be deemed to be an intoxicated condition. In addition, for the purpose of this section, the possession of any item altered so as to facilitate the inhalation of such substance, or the possession of any other item or device designed to enable the inhalation of such substance shall create a rebuttable presumption of intent to inhale said substance. The provisions of this subsection shall not apply to:
1. Any person who inhales, breathes or drinks such material or substances pursuant to the direction or prescription of any doctor, physician, surgeon, dentist or podiatrist authorized to so direct or prescribe.
2. Any person who inhales, breathes, drinks or otherwise in any manner uses any narcotic, dangerous drug, or other material or substance or combination thereof, which material is defined by and the use of which is prohibited or regulated by any law of this state.
B. Inhaling, Drinking Or Possessing Alcoholic Substances By Minors: Except as otherwise provided by state law, it shall be unlawful for any person under the age of twenty one (21) years old to drink, inhale, use or possess any alcoholic substance. For the purposes of this subsection B the term "alcoholic substance" shall mean alcoholic liquor, "palcohol" or smoking alcohol, as defined in title 3, chapter 2 of this code.
C. Sale Of Certain Substances: No person shall knowingly sell or offer for sale, deliver or give away to any person any substance containing any of the following volatile solvents, where the seller, offerer or deliverer knows or has reason to believe that the substance will be used for the purpose of inducing symptoms of intoxication, elation, dizziness, paralysis, irrational behavior, or in any manner to change, distort or disturb the audio, visual or mental processes: toluol, hexane, trichloroethylene, acetone, toluene, ethyl acetate, methyl ethyl ketone, trichloroethane, isopropanol, methyl isobutyl ketone, methyl cellosolve acetate, cyclohexanone or any other substance which will induce symptoms of intoxication, elation, dizziness, paralysis, irrational behavior, or in any manner to change, distort or disturb the audio, visual or mental processes.
D. Possession Of Cannabis:
1. Cannabis Defined: "Cannabis" includes 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 such 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 such plant which is incapable of germination. “Cannabis” does not include industrial hemp as defined and authorized under the Industrial Hemp Act. “Cannabis” also means concentrate and cannabis-infused products.
2. Possession Unlawful:
a. It shall be a violation of this subsection for any person knowingly to possess, consume, use, purchase, obtain, transport, or sell any quantity of any substance containing cannabis, except in compliance with the Cannabis Regulation and Tax Act, 410 ILCS 705/1 et seq. or the Compassionate Use of Medical Cannabis Program Act, 410 ILCS 130/1 et seq, as each may be amended.
b. It shall be a violation of this section for any person knowingly to use or consume, or allow someone else to use or consume, cannabis on the premises of any privately owned commercial facility that is open to members of the general public, including, without limitation, retail stores, restaurants, taverns, theatres, and other recreational facilities, except as otherwise specifically permitted pursuant to the Cannabis Regulation and Tax Act and the Compassionate Use of Medical Cannabis Program Act.
c. It shall be a violation of this section for any person to smoke cannabis in any place where smoking is prohibited pursuant to the Smoke Free Illinois Act, 410 ILCS 82/1 et seq.
E. Responsibility Of Parents And Owners Of Residences: It shall be unlawful for any parent or guardian to knowingly suffer or permit any person under nineteen (19) years of age, of whom he or she may be the parent or guardian to violate any provision of this section.
F. Penalty: Any person convicted of a violation of any provision of this section shall be punished by a fine of two hundred fifty dollars ($250.00) nor more than seven hundred fifty dollars ($750.00) for each offense. Each day on which the violation continues shall constitute a separate offense. Upon satisfaction of the penalty, records relating to the violation shall be expunged in the manner provided by law. (Ord. O2017-24, 5-1-2017; amd. Ord. O2017-75, 12-4-2017; Ord. O2019-65, 12-16-2019)