An Ordinance Amending Village Code of Ordinance Sections 136.01 Through 136.09, Adding Sections 136.01A, 136.02A to E, 136.03A and Combining Sections 136.03 & 136.04 and 136.06 & 136.07
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WHEREAS, the Village has determined that it is in the best interest of the Village to adopt revisions to Sections 136.01 through 136.09, by adding Sections 136.01A, 136.02A to E, 136.03A and combining Sections 136.03 & 136.04 and 136.06 & 136.07 to the Village Code of Ordinances to conform the same to the amended provisions of the State Law
WHEREAS, after Village staff review, it has been determined that the cannabis ordinances of the Village should be updated to comply more fully with State law regarding cannabis possession.
WHEREAS, the Village Board, after careful and due deliberation, has concluded that the revisions shall be adopted in the form attached hereto and incorporated herein by reference as Exhibit A to this Ordinance.
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: The Village of Romeoville Code of Ordinances is hereby amended by adopting revisions to Sections 136.01 through 136.14 of the Village Code of Ordinances as set forth in Exhibit A.
SECTION 3: 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 4: 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prior Ordinances and Resolutions, or parts thereof in conflict or inconsistent with this Ordinance are hereby expressly repealed only to the extent of such conflict or inconsistency.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 5: EFFECTIVE DATE. This Ordinance shall be in full force and effect as of its adoption, subject to its passage, approval and publication in pamphlet form as provided by law.
EXHIBIT A-AMENDED VILLAGE CODE OF ORDINANCE SECTIONS 136.01 THROUGH 136.09, ADDING SECTIONS 136.01A, 136.02A TO E, 136.03A AND COMBINING SECTIONS 136.03 &136.04 AND 136.06 & 136.07
§ 136.01 DEFINITIONS.
“ADVERTISE.” Means to engage in promotional activities, including, but not limited to, newspaper, radio, Internet and electronic media, and television advertising, the distribution of fliers and circulars, billboard advertising, and the display of window and interior signs.
"CANNABIS." Includes marijuana, hashish, and other substances which are identified as including any parts of the plant Cannabis Sativa, whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and any compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or resin, including tetrahydrocannabinol (THC) and all other cannabinol derivatives, including its naturally occurring or synthetically produced ingredients, whether produced directly or indirectly by extraction, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis; but shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of such plant which is incapable of germination.
“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 state 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 that is not intended to be smoked.
“CANNABIS PARAPHERNALIA.” Means equipment, products and materials which are 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.
"CASUAL DELIVERY." The delivery of not more than 10 grams of any substance containing cannabis without consideration.
"DELIVER" or "DELIVERY." The actual, constructive, or attempted transfer of possession of cannabis, with or without consideration, whether or not there is an agency relationship.
“ENCLOSED, LOCKED SPACE.” Means a closet, room, greenhouse, building, or other enclosed area equipped with locks or other security devices that permit access only by authorized individuals under this division. The term "enclosed, locked space" may include:
(1) A space within a residential building that is the primary residence of the individual cultivating five or fewer cannabis plants that are more than five inches tall and includes sleeping quarters and indoor plumbing and is only accessible by a key or code that is different from any key or code that can be used to access the residential building from the exterior; or
(2) A structure, such as a shed or greenhouse, that lies on the same plot of land as a residential building that includes sleeping quarters and indoor plumbing and is used as a primary residence by the person cultivating five or fewer cannabis plants that are more than five inches tall. The structure must remain locked when it is unoccupied by people.
“MINOR.” Means any individual under the age of 21 years old.
“PERSON.” Means a natural individual, firm, partnership, association, joint stock company, joint venture, public or private corporation, limited liability company, or a receiver, executor, trustee, guardian, or other representative appointed by order of any court.
“PUBLIC PLACE.” Means any place where a person could reasonably be expected to be observed by others. The term "public place" includes all parts of buildings, parks, recreation areas, wildlife areas, or playgrounds owned in whole or in part, leased, or managed by the state or a unit of local government. The term "public place" does not include a private residence unless the private residence is used to provide licensed child care, foster care, or other similar social service care on the premises.
(ILCS Ch. 720, Act 550, § 3)
§136.01A POSSESSION LIMITS
(a) It shall be unlawful for a state resident over the age of 21 years to possess any amount of cannabis greater than:
(1) 30 grams of cannabis flower;
(2) 5 grams of cannabis concentrate;
(3) 500 milligrams of THC contained in cannabis-infused products.
(b) It shall be unlawful for a non-resident over the age of 21 years to possess any amount of cannabis greater than:
(1) 15 grams of cannabis flower;
(2) 2.5 grams of cannabis concentrate;
(3) 250 milligrams of THC contained in a cannabis-infused product.
(c) It shall be unlawful for any person to knowingly obtain, seek to obtain, or possess an amount of cannabis from a dispensing organization or craft grower that would cause him to exceed the possession limit under this section, including cannabis that is cultivated by a person under this division or obtained under the Compassionate Use of Medical Cannabis Act, 410 ILCS 130/1 et seq.
§ 136.02 UNLAWFUL POSSESSION AND USE 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, 410 ILCS 130/1 et seq.
(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.
§ 136.02A POSSESSION OF CANNABIS AND CANNABIS PARAPHERNALIA BY A MINOR
(a) It shall be unlawful for a person who is under 21 years of age to possess any amount of cannabis, unless he is a qualified patient under the Compassionate Use of Medical Cannabis Act, 410 ILCS 130/1 et seq.
(b) It shall be 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, 410 ILCS 130/1 et seq.
§ 136.02B UNLAWFUL USES OF CANNABIS
(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 use of cannabis-Public Place. It shall be unlawful for any person to use cannabis in any public place.
(c) Unlawful use of cannabis-Near Minor. It shall be unlawful for any person to use cannabis while he is 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, 410 ILCS 130/1 et seq.
(d) Unlawful use of cannabis-Private Property. It shall be unlawful for a person, quest, client, lessee, customer, or visitor to use cannabis on any property, including on land owned in whole or in part 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.
§ 136.02C UNLAWFUL POSSESSION OF CANNABIS
(a) 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.
§ 136.02D UNLAWFUL SMOKING OF CANNIBIS
It shall be unlawful for any person to smoke cannabis in a place where smoking is prohibited under the Smoke Free Illinois Act, 410 ILCS 82/1 et seq.
§136.02E UNLAWFUL ADVERTISING
(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, animals, 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 or 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 child care 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.
§ 136.03 POSSESSION WITH INTENT
(a) 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.
(b) Except as otherwise provided in the Cannabis Regulation and Tax Act, it is unlawful for any person knowingly to manufacture, deliver, or possess with intent to deliver or manufacture, cannabis. Any person who violates this section with respect to up to 10 grams of any substance containing cannabis is guilty of a misdemeanor.
(c) Persons who violate this section with respect to more than 10 grams of any substance containing cannabis are guilty of a felony and shall be prosecuted under appropriate state law.
(d) Any delivery of cannabis which is a casual delivery shall be treated in all respects as possession of cannabis for purposes of penalties.
(ILCS Ch. 720, Act 550, §§6 & 7) Penalty, see § 130.99
§ 136.03A POSSESSION WITH INTENT TO TRANSFER TO A 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, 410 ILCS 130/1 et seq. or by the community college cannabis vocational pilot program.
§136.04. RESERVED.
§136.05 PRODUCTION OF CANNABIS SATIVA PLANT
(a) It shall be unlawful for an individual to cultivate cannabis plants unless they are licensed by the state or a registered qualifying patient under the Compassionate Use of Medical Cannabis Act, 410 ILCS 130/1 et seq.
(b) It shall be unlawful for a registered qualifying patient of the Compassionate Use of Medical Cannabis Act, 410 ILCS 130/1 et seq. to cultivate cannabis plants:
(1) Outside an enclosed locked space.
(2) That are not for personal use.
(3) If the individual is under the age of 21 years old.
(4) In excess of five plants that are more than five inches tall.
(5) In a location where they are subject to ordinary public view.
(6) On nonresidential property.
(7) Without the consent of the lawful owner of the property.
(c) It shall be unlawful for a registered qualifying patient under the Compassionate Use of Medical Cannabis Act, 410 ILCS 130/1 et seq. to sell, transfer, or gift any home-grown cannabis as authorized under this section and the Compassionate Use of Medical Cannabis Act, 410 ILCS 130/1 et seq.
§136.06 UNLAWFUL POSSESSION OR SALE OF ILLEGAL DRUG PARAPHERNALIA
(A) Definitions. For the purpose of this section, the following definitions of § 136.13 POSSESSION OF DRUG PARAPHERNALIA shall apply unless the context clearly indicates or requires a different meaning.
(1) It shall be unlawful for any person to knowingly possess an item of illegal drug paraphernalia with the intent to use it for ingesting or otherwise introducing a controlled substance into 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.
(2) 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.
(3) 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 $1,000.00 for each such offense.
§136.07 RESERVED.
§ 136.09 PRESCRIPTION OF DRUG USE INSTRUMENTS BY LICENSED PHYSICIAN; REFILLS; CERTIFICATES.
(B) A prescriber may direct a patient under his or her immediate charge to have in possession any of the instruments specified in § 136.06 which may be dispensed by a registered pharmacist in this state only:
(4) Upon a signed statement of the patient, upon proper identification, stating that the prescriptions or instruments specified in § 136.06 were lost or broken, as the case may be; the name and address of the prescriber, the name and address of 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 § 136.06 , shall contain the date of the prescription, the name and address of the prescriber, the name and address of the patient, the purpose for which the prescription is ordered, and the date when dispensed and by whom dispensed.
(C) A licensed physician or other allied medical practitioner, authorized by the laws of the state to prescribe or administer controlled substances or cannabis to human beings or animals, may authorize any person, or the owner of any animal, to purchase and have in his or her possession any of the instruments specified in § 136.06, which may be sold to him without a specific written, oral, or electronic prescription or order, by any person authorized by 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 other allied medical practitioner, the name, address, and signature of the person, or of the owner of the animal, so authorized, the purpose or reason of the 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.