HomeMy WebLinkAboutORDINANCE - 3671 - 8/11/2020 - Possession of Cannabis, Sale or delivery of Cannabis ParaphanaliaORDINANCE NO.3671
AN ORDINANCE AMENDING SECTION 6-6-3-7 ENTITLED "POSSESSION OF
CANNABIS" AND SECTION 6-6-3-8 ENTITLED "SALE OR DELIVERY OF
CANNABIS PARAPHERNALIA" OF CHAPTER 6 ENTITLED "MISCELLANEOUS
OFFENSES" OF TITLE 6 ENTITLED "POLICE DEPARTMENT, MOTOR VEHICLES;
ORDINANCE VIOLATIONS" OF THE VILLAGE CODE OF ORDINANCES OF THE
VILLAGE OF ELK GROVE VILLAGE, COOK AND DUPAGE COUNTIES, ILLINOIS
WHEREAS, the Village of Elk Grove Village (the "Village") is a home rule unit of
government pursuant to Article VII, Section 6 of the Illinois Constitution of 1970; and
WHEREAS, as a home rule unit of government, the Village is expressly authorized to
exercise any power and perform any function pertaining to its government and affairs; and
WHEREAS, there currently exists certain state laws, namely the Compassionate Use of
Medical Cannabis Program Act (410 ILCS 130/1 et seq.) and the Cannabis Regulation and Tax
Act (Public Act 101-0027) which authorizes the use and possession of cannabis marijuana plants
and cannabis derivatives under certain circumstances; and
WHEREAS, the Village, in the exercise of its home rule authority, adopts following
amendments to the Village Code of Ordinances of the Village of Elk Grove Village.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the
Village of Elk Grove Village, Cook and DuPage Counties, Illinois as follows:
Section 1: The foregoing recitals are adopted as the findings of the corporate authorities of
the Village of Elk Grove Village as if fully recited herein.
Section 2: That Section 6-6-3-7 entitled "Possession of Cannabis" of Chapter 6 entitled
"Miscellaneous Offenses" of Title 6 entitled "Police Department; Motor Vehicles; Ordinance
Violations" of the Village Code of Ordinances of the Village of Elk Grove Village, as amended,
is hereby amended in its entirety to read as follows:
"6-6-3-7 Cannabis and Drug Paraphernalia"
A. DEFINITIONS. FOR PURPOSES OF SECTION 6-6-3-7 AND SECTION 6-6-3-
8 OF THIS CHAPTER, 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,
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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: Means 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: Means 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: Means 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.
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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 6-6-3-7, 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:
i. Water pipes;
ii. Carburetion tubes and devices;
iii. Smoking and carburetion masks;
iv. Miniature cocaine spoons and cocaine vials;
V. Carburetor pipes;
vi. Electric pipes;
vii. Air driven pipes;
viii. Chillums;
ix. Bongs;
X. Ice pipes or chillers; or
xi. 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
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law or local ordinance.
6. Any item whose purpose, as announced or described by the seller, is for use in
violation of this Section 6-6-3-7.
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 Elk Grove Village, Cook and DuPage counties, Illinois.
B. POSSESSION OF CANNABIS, PROHIBITION, EXCEPTIONS.
1. Any person who violates this section shall be guilty of a civil law violation and shall
be fined in an amount not less than One -Hundred Dollars ($100.00) nor more than
Seven Hundred Fifty Dollars ($750.00) for each offense.
2. It shall be unlawful for any person under the age of 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 30 grams, but less than 100 grams, of cannabis flower;
b. 500 milligrams tetrahydrocannabinol (THC) in cannabis -infused products;
and
c. 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 15 grams, but less than 100 grams, of cannabis flower;
b. 250 milligrams tetrahydrocannabinol (THC) in cannabis -infused products;
and
c. 2.5 grams cannabis concentrate.
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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 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.
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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 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 5 plants that are more than 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.
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.
Section 3: That Section 6-6-3-8 entitled "Possession, Sale or Delivery of Cannabis
Paraphernalia" of Chapter 6 entitled "Miscellaneous Offenses" of Title 6 entitled "Police
Department; Motor Vehicles; Ordinance Violations" of the Village Code of Ordinances of the
Village of Elk Grove Village, as amended, is hereby amended to read as follows:
"6-6-3-8 POSSESSION, SALE, DELIVERY OF DRUG PARAPHERNALIA,
PROHIBITION, EXCEPTIONS."
A. 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 21 years to knowingly possess an item of drug paraphernalia with the
intent to use it in ingesting, inhaling, or otherwise introducing cannabis or a
controlled substance into the human body.
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1. 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 or such residue to the drug paraphernalia.
B. The following items shall be exempt from this section:
1. 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.
2. 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 lawful substance,
including but not limited to garden hoes, rakes, sickles, baggies, tobacco
pipes, and cigarette -rolling papers.
3. 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.
4. 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:
a. The general, customary, and historical use to which the item
involved has been put;
b. 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;
C. Any written instructions accompanying the delivery of the
item concerning the purposes or uses to which the item can or
may be put;
d. Any oral instructions provided by the seller of the item at the
time and place of sale or commercial delivery;
e. Any national or local advertising concerning the design,
purpose, or use of the item involved, and the entire context in
which such advertising occurs;
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f. 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;
g. 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;
h. The existence and scope of legitimate uses for the object in the
community.
C. PENALTY: Any person who violates this section shall be guilty of a civil law
violation and shall be fined in an amount not less than One -Hundred Dollars
($100.00) nor more than Seven Hundred Fifty Dollars ($750.00) for each
offense.
Section 4: That all ordinances and resolutions or parts thereof in conflict with the
provisions of this ordinance are, to the extent of such conflict, expressly repealed.
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Section 5: This ordinance shall be in full force and effect ten (10) days after its passage,
approval and publication according to law.
VOTE: AYES: 6 NAYS: 0 ABSENT: 0
PASSED this 11th day of August 2020.
APPROVED this I1th day of August 2020.
APPROVED:
Mayor Craig B. Johnson
Village of Elk Grove Village
ATTEST:
Loretta M. Murphy, Village Clerk
PUBLISHED in pamphlet form this 14th day of August 2020.
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