HomeMy WebLinkAboutORDINANCE - 3468 - 11/15/2016 - Decriminalizing possession of cannabis ORDINANCE NO. 3468
AN ORDINANCE AMENDING SECTION 6-6-3-7 AND SECTION 6-6-3-8 OF THE
VILLAGE CODE WITH RESPECT TO DECRIMINALIZING CERTAIN ARRESTS
FOR THE POSSESSION OF CANNABIS AND OTHER SANCTIONS FOR OTHER
CANNABIS AND PARAPHERNALIA ARRESTS
WHEREAS,the State of Illinois, pursuant to SB 2228, has decriminalized certain arrests
for possession of Cannabis and Drug Paraphernalia; and
WHEREAS,the Police Department has recommended that the Village Code be amended
with respect to those violations in order to be consistent with the State; and
WHEREAS,the Mayor and Board of Trustees concur with the recommendation of the
Police Department by declaring the possession of Cannabis in an amount of 10 grams or less to
be a civil law violation as opposed to a criminal offense and providing for increased fines for the
Ordinance Violation of possession of between 11 grams and 30 grams of Cannabis.
NOW, THEREFORE,BE IT ORDAINED by the Mayor and Board of Trustees of the
Village of Elk Grove Village, Counties of Cook and DuPage as follows:
Section 1: That Section 6-6-3-7-B Possession Prohibited and Section 6-6-3-7-C
Penalties be amended to read as follows:
B. Possession Prohibited:
1. The possession of 10 grams and under of Cannabis shall be deemed to be a
civil law violation and shall be subject to the fines set forth in Paragraph C.
2. It shall be unlawful for any person to knowingly possess between 11 grams
and 30 grams of Cannabis.
3. This section shall not include possession of Cannabis pursuant to the Illinois
Medical Marijuana Act.
C. Penalties: Any person violating the provisions of Section B-1 shall be subject to a
civil law fine of not less than one hundred dollars ($100.00) nor more than five hundred
dollars ($500.00) for each offense. Any person violating the provisions of Section B-2
shall be subject to a fine of not less than two hundred dollars ($200.00)nor more than
five hundred dollars ($500.00) for each offense.
Section 2: That Paragraph F, Penalty of Section 6-6-3-8 Possession, Sale or Delivery of
Cannabis Paraphernalia be amended to read as follows:
F. Penalty: Any person who knowingly possesses an item of Cannabis paraphernalia
shall be fined not less than one hundred dollars ($100.00) nor more than five hundred
dollars ($500.00) for each offense.
Section 3: That the Village Clerk is authorized to publish this Ordinance in pamphlet
form.
Section 4: That this Ordinance shall be in full force and effect from and after its passage,
approval and publication as provided by law.
VOTE: AYES: 5 NAYS: 0 ABSENT: 1
PASSED this 15th day of November 2016.
APPROVED this 15th day of November 2016.
APPROVED:
Mayor Craig B. Johnson
Village of Elk Grove Village
ATTEST:
Judith M. Keegan,Village Clerk
PUBLISHED this 18th day of November 2016 in pamphlet form.