Chapter 8-36
CANNABIS

Sections:

8-36-010    Prohibited possession or use of cannabis.

Prior legislation: Ord. 3237.

8-36-010 Prohibited possession or use of cannabis.

A.    Definitions. As used in this section, the following definitions shall apply:

1.    “Cannabis” has the meaning ascribed to that term in Section 1-10 of the Cannabis Regulation and Tax Act.

2.    “Cannabis concentrate” has the meaning ascribed to that term in Section 1-10 of the Cannabis Regulation and Tax Act.

3.    “Cannabis-infused product” has the meaning ascribed to that term in Section 1-10 of the Cannabis Regulation and Tax Act.

4.    “Public place” has the meaning ascribed to that term in Section 10-35(a) of the Cannabis Regulation and Tax Act.

B.    Possessing Cannabis. Except as otherwise provided in subsection G of this section, it shall be unlawful for any person to possess cannabis:

1.    In a school bus, unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Program Act;

2.    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;

3.    In any correctional facility;

4.    In a vehicle not open to the public, unless the cannabis is in a reasonably secured, sealed container within the meaning of Section 10-35(a)(2)(D) of the Cannabis Regulation and Tax Act; provided, however, that in any motor vehicle upon a highway, the cannabis shall be in a sealed, odor-proof, child-resistant cannabis container within the meaning of Illinois Vehicle Code § 11-502.15;

5.    In a private residence that is used at any time to provide licensed child care or other similar social service care on the premises; or

6.    In violation of Section 4 of the Cannabis Control Act.

C.    Using Cannabis. Except as otherwise provided in subsection G of this section, it shall be unlawful for any person to use cannabis:

1.    In a school bus, unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Program Act;

2.    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;

3.    In any correctional facility;

4.    In any motor vehicle;

5.    In a private residence that is used at any time to provide licensed child care or other similar social service care on the premises; or

6.    In any public place.

D.    Other Prohibited Acts. It shall be unlawful for any person to:

1.    Smoke cannabis in any place where smoking is prohibited under the Smoke-Free Illinois Act;

2.    Facilitate the use of cannabis by any person who is not allowed to use cannabis under the Cannabis Regulation and Tax Act or Compassionate Use of Medical Cannabis Program; or

3.    Transfer cannabis to any person contrary to the Cannabis Regulation and Tax Act or Compassionate Use of Medical Cannabis Program Act.

E.    Prohibited Acts By Owners. It shall be unlawful for any person who is the owner of any place or business that is required to have a business license and is open to the public to encourage or permit any use of cannabis that is contrary to the Cannabis Regulation and Tax Act or Compassionate Use of Medical Cannabis Program Act.

F.    Penalty for Violation. In addition to any other penalty provided by law, any person who violates subsection B, C or D of this section shall be subject to a fine of fifty dollars ($50.00) for the first offense and one hundred dollars ($100.00) for the second and each subsequent violation occurring within a period of thirty (30) days, or may be required to perform community service in accordance with Section 1-4-110 of this code or attend a drug awareness, drug education, or restorative justice program, or any combination thereof. In addition to any other penalty provided by law, any person who violates subsection E of this section shall be subject to a fine of five hundred dollars ($500.00) for the first offense, one thousand dollars ($1,000.00) for the second offense occurring within a period of thirty (30) days, and two thousand dollars ($2,000.00) for each subsequent violation occurring within a period of thirty (30) days. Each violation of subsection B, C, D or E of this section shall constitute a separate and distinct offense.

G.    Construction of Section. This section shall not apply to the possession or use of medical cannabis by a person in compliance with the Compassionate Use of Medical Cannabis Program Act. (Ord. 3452 § 1, 2022)