5-3-23: DRUGS AND DRUG PARAPHERNALIA:
   (A)   Definitions: The following words shall have the meanings ascribed to them, unless the context requires otherwise.
CANNABIS: Means 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 the 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 the plant that is incapable of germination. "Cannabis" does not include industrial hemp as defined and authorized under the Industrial Hemp Act. "Cannabis" also means and includes for purposes of this section, cannabis flower, cannabis concentrate, and cannabis-infused product, unless those specific terms are used separately to differentiate separate regulations for any of them.
CANNABIS BUSINESS ESTABLISHMENT: A cultivation center, craft grower, processing organization, dispensing organization, or transporting organization, as those terms are defined in the Cannabis Regulation and Tax Act.
CANNABIS CONCENTRATE: A product derived from cannabis that is produced by extracting cannabinoids, including tetrahydrocannabinol (THC), from the plant through the use of propylene glycol, glycerin, butter, olive oil or other typical cooking fats; water ice, or dry ice; or butane, propane, CO2, ethanol, or isopropanol and with the intended use of smoking or making a cannabis-infused product. The use of any other solvent is expressly prohibited unless and until it is approved by the Department of Agriculture.
CANNABIS CONTAINER: A sealed, traceable, container, or package used for the purpose of containment of cannabis or cannabis-infused product during transportation.
CANNABIS FLOWER: Means 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; including raw kief, leaves, and buds, but not resin that has been extracted from any part of such plant; nor any compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or resin.
CANNABIS-INFUSED PRODUCT: Means a beverage, food, oil, ointment, tincture, topical formulation, or another product containing cannabis, or cannabis concentrate that is not intended to be smoked.
CANNABIS PARAPHERNALIA: Means equipment, products, or materials intended to be used for planting, propagating, cultivating, growing, harvesting, manufacturing, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, ingesting, or otherwise introducing cannabis into the human body.
CONTROLLED SUBSTANCE: Shall have the meaning ascribed to it in section 102 of the Illinois Controlled Substances Act, as the same may be amended from time to time, which statute and definition as the same may be amended are hereby expressly incorporated herein.
DELIVER OR DELIVERY: The actual, constructive or attempted transfer of possession, with or without consideration, whether or not there is an agency relationship.
DRUG PARAPHERNALIA: All equipment, products and materials of any kind, other than methamphetamine manufacturing materials as defined in section 10 of the Methamphetamine Control and Community Protection Act and cannabis paraphernalia as defined in this section 4-3-28, which are intended to be used unlawfully in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of the Illinois Controlled Substances Act; or the Methamphetamine Control and Community Protection Act; or a synthetic drug product or misbranded drug in violation of the Illinois Food, Drug and Cosmetic Act. It includes, but is not limited to:
      1.   Kits intended to be used unlawfully in manufacturing, compounding, converting, producing, processing or preparing a controlled substance.
      2.   Isomerization devices intended to be used unlawfully in increasing the potency of any species of plant which is a controlled substance.
      3.   Testing equipment intended to be used unlawfully in a private home for identifying or in analyzing the strength, effectiveness or purity of a controlled substance.
      4.   Diluents and adulterants intended to be used unlawfully for cutting a controlled substance by private persons.
      5.   Objects intended to be used unlawfully in ingesting, inhaling, or otherwise introducing cocaine, a synthetic drug product or misbranded drug in violation of the Illinois Food, Drug and Cosmetic Act, into the human body including but not limited to, where applicable, the following items:
         (a)   Water pipes;
         (b)   Carburetion tubes and devices;
         (c)   Smoking and carburetion masks;
         (d)   Miniature cocaine spoons and cocaine vials;
         (e)   Carburetor pipes;
         (f)   Electric pipes;
         (g)   Air driven pipes;
         (h)   Chillums;
         (i)   Bongs;
         (j)   Ice pipes or chillers; or
         (k)   Any item whose purpose, as accounted or described to the possessor, or whose actual use as determined by the presence of a controlled substance on, in, or near the item, is for use in violating the Illinois Controlled Substances Act (ILCS Ch. 720, Act 570 §§ 100 et seq.), the Methamphetamine Control and Community Protection Act (ILCS 720 Ch. 646 §§ 100 et seq.) or a synthetic drug product or misbranded drug in violation of the Illinois Food, Drug and Cosmetic Act (ILCS Ch. 410, Act 620 §§ 100 et seq.) or any similar law or local ordinance.
      6.   Any item whose purpose, as announced or described by the seller, is for use in violation of this Section 5-3-23.
PUBLIC PLACE: 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 childcare, foster care, or other similar social service care on the premises.
VILLAGE: Village of Willowbrook, DuPage County, Illinois.
   B.   Possession Of Cannabis, Prohibition, Exceptions:
      1.   Any person who violates this section shall be guilty of a civil law violation punishable by a minimum fine of one hundred dollars ($100.00), and a maximum fine of seven hundred fifty dollars ($750.00).
      2.   It shall be unlawful for any person under the age of twenty-one (21) years to knowingly possess any quantity of any substance containing cannabis, unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Program Act (ILCS Ch. 410 Act 130 §§ 100 et seq.).
      3.   It shall be unlawful for any person who is a resident of this State to knowingly possess cannabis in excess of the following amounts:
         (a)   More than thirty (30) grams, but less than one hundred (100) grams, of cannabis flower;
         (b)   Five hundred (500) milligrams tetrahydrocannabinol (THC) in cannabis-infused products; and
         (c)   Five (5) grams cannabis concentrate.
   The possession limits contained herein are to be considered cumulative.
      4.   It shall be unlawful for any person who is not a resident of this State to knowingly possess cannabis in excess of the following amounts:
         (a)   More than fifteen (15) grams, but less than one hundred (100) grams, of cannabis flower;
         (b)   Two hundred fifty (250) milligrams tetrahydrocannabinol (THC) in cannabis-infused products; and
         (c)   Two and a half (2.5) grams cannabis concentrate.
   The possession limits contained herein are to be considered cumulative.
      5.   It shall be unlawful for any person to possess cannabis, as follows:
         (a)   In a school bus, unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Program Act (ILCS Ch. 410 Act 130 §§ 100 et seq.);
         (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 (ILCS Ch. 410 Act 130 §§ 100 et seq.);
         (c)   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
         (d)   In a private residence that is used at any time to provide licensed child care or other similar social service care on the premises.
      6.   It shall be unlawful for any person to use cannabis, as follows:
         (a)   In a school bus, unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Program Act (ILCS Ch. 410 Act 130 §§ 100 et seq.);
         (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 (ILCS Ch. 410 Act 130 §§ 100 et seq.);
         (c)   In any motor vehicle;
         (d)   In a private residence that is used at any time to provide licensed child care or other similar social service care on the premises;
         (e)   In any public place; or
         (f)   Knowingly in close physical proximity to anyone under twenty-one (21) years of age who is not a registered medical cannabis patient under the Compassionate Use of Medical Cannabis Program Act (ILCS Ch. 410 Act 130 §§ 100 et seq.).
      7.   It shall be unlawful for any person to smoke cannabis in any place where smoking is prohibited under the Smoke Free Illinois Act.
      8.   It shall be unlawful for any person to knowingly permit his or her residence or any other private property under his or her control to permit the consumption of cannabis by a person under the age of twenty-one (21), unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Program Act (ILCS Ch. 410 Act 130 §§ 100 et seq.).
   C.   Manufacture Or Delivery Of Cannabis:
      1.   It shall be unlawful for any person to facilitate the use of cannabis by any person who is prohibited to use cannabis under the provisions of this Code, the Cannabis Regulation and Tax Act or the Compassionate Use of Medical Cannabis Program Act (ILCS Ch. 410 Act 130 §§ 100 et seq.).
      2.   It shall be unlawful for any person to transfer cannabis to any person contrary to the provisions of this Code, the Cannabis Regulation and Tax Act or the Compassionate Use of Medical Cannabis Program Act (ILCS Ch. 410 Act 130 §§ 100 et seq.)
      3.   It shall be unlawful for any person permitted to cultivate cannabis pursuant to the Compassionate Use of Medical Cannabis Program Act (ILCS Ch. 410 Act 130 §§ 100 et seq.) to cultivate in excess of five (5) plants that are more than five (5) inches tall, per household, to cultivate cannabis in a place that is not an enclosed, locked space, or to store cannabis plants in a location that is subject to ordinary public view.
   D.   Production Of Cannabis Sativa Plant:
      1.   It is unlawful for any person knowingly to produce the cannabis sativa plant or to possess such plants unless production or possession has been authorized pursuant to state law.
   E.   Possession, Sale, Delivery Of Drug Paraphernalia, Prohibition, Exceptions:
      1.   It shall be unlawful to knowingly possess an item of drug paraphernalia with the intent to use it in ingesting, inhaling, or otherwise introducing a controlled substance into the human body. It shall be unlawful for any person under the age of twenty-one (21) to knowingly possess an item of cannabis paraphernalia with the intent to use it in ingesting, inhaling, or otherwise introducing cannabis into the human body.
      2.   In determining use or intent under this section, the trier of fact may take into consideration the general, usual customary and historical use to which the item involved has been put, and the proximity of the cannabis or controlled substance to the drug paraphernalia.
      3.   The following items shall be exempt from this section:
         (a)   Items marketed for use in the preparation, compounding, packaging, labeling, or other use of cannabis or a controlled substance as an incident to lawful research, teaching, or chemical analysis, and not for sale.
         (b)   Items marketed for, or historically and customarily used in connection with, the planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, or inhaling of tobacco or any other unlawful substance, including but not limited to garden hoes, rakes, sickles, baggies, tobacco pipes, and cigarette-rolling papers.
         (c)   Items which are marketed for decorative purposes when such items have been rendered completely inoperable or incapable of being used for any illicit purpose prohibited by this section.
         (d)   In determining whether or not a particular item is exempt under this division, the trier of fact should consider, in addition to all other logically relevant factors, the following:
            (1)   The general, customary, and historical use to which the item involved has been put;
            (2)   Expert evidence concerning the ordinary or customary use of the item and the effect of any peculiarity in the design or engineering of the device upon its functioning;
            (3)   Any written instructions accompanying the delivery of the item concerning the purposes or uses to which the item can or may be put;
            (4)   Any oral instructions provided by the seller of the item at the time and place of sale or commercial delivery;
            (5)   Any national or local advertising concerning the design, purpose, or use of the item involved, and the entire context in which such advertising occurs;
            (6)   The manner, place, and circumstances in which the item was displayed for sale, as well as any item or items displayed for sale or otherwise exhibited upon the premises where the sale was made;
            (7)   Whether the owner or anyone in control of the object is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products; and
            (8)   The existence and scope of legitimate uses for the object in the community.
   (F)   Sale of THC Products: Prohibited, Exemption:
      1.   Tetrahydrocannabinol (THC) Products. A product which contains THC derived from the cannabis sativa plant, such as, but not limited to, Delta-8 vapes, gummy bears and similar products containing THC are prohibited.
      2.   It shall be unlawful for any licensee, or any employee, or agent of any licensee, to sell, deliver or distribute any product which contains THC, or for any person to possess any product which contains THC.
      3.   Any licensee, licensed pursuant to Title 3, Chapter 5 of the Village Code, who violates or who is alleged to have violated Section 5-3-23(F)(2), shall be subject to a hearing before the Village Mayor in the manner provided in Title 3, Chapter 5, Section 3-5-9, of the Village Code, whereupon a finding of guilty, liable, or an admission of guilt or liability, the Village Mayor may levy a fine in the amount not less than $250.00, nor more than $750.00, for each offense, in addition to the suspension or revocation of any license issued to the licensee.
      4.   The prohibition contained in this Section shall not apply to those establishments licensed by the State of Illinois pursuant to the Compassionate Use of Medical Cannabis Program Act of the Cannabis Regulation and Tax Act.” (Ord. 82-O-54, 10-11-1982; amd. Ord. 96-O-02, 3-25-1996; amd. Ord. 96-O-05, 4-8-1996; amd. Ord. 20-02, 1-13-2020; amd. Ord. 23-O-16, 9-11-2023)