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An Ordinance Amending Chapter 136 (Offenses Against Public Health and Safety) of the Romeoville Village Code of Ordinances - Drug Offenses
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WHEREAS, the Village Police Department has reported an increase in dismissal of cannabis related ordinance violations; and
WHEREAS, after Village staff review, it has been determined that the cannabis possession ordinances of the Village should be updated to comply more fully with State law regarding cannabis possession.
NOW THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES FOR THE VILLAGE OF ROMEOVILLE, WILL COUNTY, ILLINOIS; THAT:
SECTION 1: RECITALS. The foregoing recitals are hereby incorporated into this Ordinance as if fully set forth herein.
SECTION 2: All those heretofore adopted provisions of the Village of Romeoville Code of Ordinances codified as and for Section 136.02 of the Village Code of Ordinances is hereby amended to read as follows:
Section 136.02 Possession of Cannabis
It shall be unlawful for any person to possess or use cannabis in the following places:
(1) 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 Act.
(3) In any correctional facility.
(4) In a private residence that is used at any time to provide licensed child care, or other similar social service care on the premises.
SECTION 3: All those heretofore adopted provisions of the Village of Romeoville Code of Ordinances codified as and for Section 136.03 of the Village Code of Ordinances is hereby amended to read as follows:
Section 136.03 Possession with Intent
It shall be unlawful for any person not licensed by the state to knowingly manufacture, deliver, or possess with the intent to deliver or manufacture,any amount of cannabis.
SECTION 4: All those heretofore adopted provisions of the Village of Romeoville Code of Ordinances codified as and for Section 136.04 of the Village Code of Ordinances is hereby amended to read as follows:
Section 136.04 Possession of Cannabis and Paraphernalia by a Minor
It shall be unlawful for a person who is under 21 years of age to possess any amount of cannabis, unless they are a qualified patient under the Compassionate Use of Medical Cannabis Act.
It shall be further unlawful for a person who is under 21 years of age to possess cannabis paraphernalia, unless he is a qualified patient under the Compassionate Use of Medical Cannabis Act.
SECTION 5: All those heretofore adopted provisions of the Village of Romeoville Code of Ordinances codified as and for Section 136.06 of the Village Code of Ordinances is hereby amended to read as follows:
Section 136.06 Unlawful Possession or Sale of Drug Use Instruments
(a) It shall be unlawful for any person to knowingly possess an item of illegal drug paraphernalia with the intent to use it ingesting, or otherwise introducing a controlled substance in the human body, or in preparing a controlled substance purpose. In determining intent under this subsection, the trier of fact may take into consideration the proximity of the controlled substance to drug paraphernalia or the presence of a controlled substance on the drug paraphernalia.
(b) A person who violates any provision or provisions of this section, upon conviction, shall be fined $750.00 as a civil penalty. Each day of the violation shall be considered a separate offense. Upon satisfaction of the penalty, records relating to the violation shall be expunged in the manner provided by law.
(c) It shall be unlawful for any person to keep for sale, offer for sale, sell or deliver for commercial consideration any item of illegal drug paraphernalia. The penalty for violation of this subsection shall be $1,000 for each such offense.
SECTION 6: All those heretofore adopted provisions of the Village of Romeoville Code of Ordinances codified as and for Section 136.07 of the Village Code of Ordinances is hereby amended to read as follows:
Section 136.07 Transfer to Minor
It shall be unlawful for any person to facilitate a minor in purchasing, possessing, using, processing, transporting, growing or consuming cannabis or cannabis paraphernalia except where authorized by the Compassionate Use of Medical Cannabis Act or by the community college cannabis vocational pilot program.
SECTION 7: All those heretofore adopted provisions of the Village of Romeoville Code of Ordinances codified as and for Section 136.09(B) of the Village Code of Ordinances is hereby amended to read as follows:
Section 136.09 Prescription of Drug Use Instruments by Licensed Physician
(B) A prescriber may direct a patient under their immediate charge to have any of the instruments specified in Section 136.06 in possession which may be dispensed by a registered pharmacist in this state only:
(1) Upon a written prescription of the prescriber; or
(2) Upon an oral or electronic order of the prescriber, which order is reduced promptly to writing and filed by the pharmacist; or
(3) By refilling any written, oral, or electronic prescription if the refilling is authorized by the prescriber either in the original prescription or by oral order which is promptly reduced to writing and filled by the pharmacist in the same manner and under the same conditions as any other prescription issued by a practitioner licensed by law to write prescriptions; or
(4) Upon a signed statement of the patient, upon proper identification, stating the prescriptions or instruments specified in Section 136.06 were lost or broken, the name and address of the prescriber and the patient, and the purpose for which the prescription was ordered. The written, oral, or electronic prescriptions when reduced to writing, for instruments specified in Section 136.06, shall contain the date of the prescription, the name and address of the prescriber and patient, the purpose for which the prescription is ordered, and the date when dispensed and by whom dispensed.
SECTION 8: All those heretofore adopted provisions of the Village of Romeoville Code of Ordinances codified as and for Section 136.09(C) of the Village Code of Ordinances is hereby amended to read as follows:
Section 136.09 Prescription of Drug Use Instruments by Licensed Physician
(C) A licensed physician or other medical practitioner, authorized by the laws of the state to prescribe or administer controlled substances or cannabis to people or animals, may authorize any person, or owner of any animal, to purchase and have in their possessions any of the instruments specified in Section 136.06 which may be sold to them without a specified written, oral, or electronic prescription or order, by any person authorized the laws of the state to sell and dispense controlled substances or cannabis, if the authorization is in the form of a certificate giving the name and address of the licensed physician or medical practitioner and of the person, or owner of the animal, and the signature of said person, the purpose or reason for authorization, and the date of the certificate, and in that event, no other prescription, writing or record shall be required to authorize the possession or sale of the instruments.
SECTION 9: A new Section 136.10 shall be added to the Village of Romeoville Code of Ordinances and shall be codified to read as follows:
Section 136.10 Other Use and Possession Restrictions
(a) Unlawful Use of Cannabis - Motor Vehicle; Passenger: It shall be unlawful for any person to use cannabis within the passenger area of any motor vehicle upon a street within the Village.
(b) Unlawful Possession of Cannabis Within a Motor Vehicle: It shall be unlawful for any person to possess cannabis within any area of any motor vehicle upon a street within the Village, except in a sealed, odor-proof, child-resistant cannabis container which is reasonably inaccessible while the vehicle is moving.
(c) Unlawful Use of Cannabis - Public Place: It shall be unlawful for any person to use cannabis in any public place.
(d) Unlawful Use of Cannabis - Near a Minor: It shall be unlawful for any person to use cannabis while 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 Act.
(e) Unlawful Use of Cannabis - Private Property: It shall be unlawful for a person, guest, client, lessee, customer, or visitor to use cannabis on any property, including on land owned or managed in whole or in part by the Village, and including areas where motor vehicles are parked, without the permission of the business or lawful possessor of the property.
(f) Unlawful Smoking of Cannabis: It shall be unlawful for any person to smoke cannabis in a place where smoking is prohibited under the Smoke Free Illinois Act.
SECTION 10: A new Section 136.11 shall be added to the Village of Romeoville Code of Ordinances and shall be codified to read as follows:
Section 136.11 Advertising Restrictions
(a) It shall be unlawful for any person or entity to engage in advertising that is false or misleading, promotes overconsumption of cannabis or cannabis products, depicts the actual consumption of cannabis or cannabis products, depicts a person under 21 years of age consuming cannabis, makes any health, medicinal, or therapeutic claims about cannabis or cannabis-infused products, includes the image of a cannabis leaf or bud, includes any image designed or likely to appeal to minors, including cartoons, toys, animal, or children or any other likeness to images, characters, or phrases that is designed in any manner to be appealing to or encourage consumption by persons under 21 years of age.
(b) It shall be unlawful for any person or entity to place or maintain an advertisement of cannabis or a cannabis-infused product in any form or through any medium:
(1) Within 1,000 feet of the perimeter of school grounds, a playground, a recreation center or facility, a childcare center, a public park or public library, or a game arcade.
(2) On or in a public transit vehicle or public transit shelter.
(3) On or in publicly owned or publicly operated property.
SECTION 11: SEVERABILITY. That the various provisions of this Ordinance are to be considered severable and if any part or portion of this Ordinance shall be held invalid by any Court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Ordinance.
SECTION 12: CONFLICTS. All prior Ordinances and Resolutions, or parts thereof in conflict or inconsistent with this Ordinance are hereby expressly repealed only to the extent of such conflict or inconsistency.
SECTION 13: EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law, subject to final Village Manager and Village Attorney review.