7-24-099 Prohibited possession or use of cannabis.
(a) Definitions. As used in this Section, the following definitions shall apply:
"Cannabis" has the meaning ascribed to that term in Section 1-10 of the Cannabis Regulation and Tax Act.
"Cannabis concentrate" has the meaning ascribed to that term in Section 1-10 of the Cannabis Regulation and Tax Act.
"Cannabis-infused product" has the meaning ascribed to that term in Section 1-10 of the Cannabis Regulation and Tax Act.
"Public place" has the meaning ascribed to that term in subsection (a) of Section 1035 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 Section 11-502.15 of the Illinois Vehicle Code;
(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) Notice and Hearing. A person upon whom a notice of violation has been served for violating this section shall: (1) appear for a hearing at the location, date and time indicated on the notice of violation; or (2) adjudicate the matter by mail in the time and manner described in the Procedural Rules and Regulations of the Department of Administrative Hearings.
(f) Penalty for Violation. In addition to any other penalty provided by law, any person who violates subsections (b), (c) or (d) of this section shall be subject to a fine of $50.00 for the first offense and $100.00 for the second and each subsequent violation occurring within a period of 30 days, or may be required to perform community service in accordance with Section 1-4-120 or attend a drug awareness, drug education, or restorative justice program, or any combination thereof. Each violation of subsections (b), (c) or (d) 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.
(Added Coun. J. 6-27-12, p. 30306, § 1; Amend Coun. J. 7-30-14, p. 86194, § 1; Amend Coun. J. 11-26-19, p. 11547, § 11)
