[Adopted 4-19-2005 by Ord. No. 05-022; amended in its entirety 6-10-2020 by Ord. No. 20-021]
As used in this article, the following terms shall have the
meanings indicated:
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,
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.[1] "Cannabis" also means cannabis flower, concentrate, and
cannabis-infused products.
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.
A sealed, traceable, container, or package used for the purpose
of containment of cannabis or cannabis-infused product during transportation.
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.
A beverage, food, oil, ointment, tincture, topical formulation,
or another product containing cannabis or cannabis concentrate that
is not intended to be smoked.
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.
Shall have the meaning ascribed to it in Section 102 of the
Illinois Controlled Substances Act (720 ILCS 570/102) as presently
enacted or as amended from time to time, as if that definition were
incorporated herein.
The actual, constructive or attempted transfer of possession,
with or without consideration, whether or not there is an agency relationship.
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 (720
ILCS 646/10) and cannabis paraphernalia as defined in Section 10 of
the Cannabis Regulation and Tax Act (410 ILCS 705/1-10), 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 Controlled Substances Act (720 ILCS 570/100 et seq.),
the Cannabis Control Act (720 ILCS 550/1 et seq.) or the Methamphetamine
Control and Community Protection Act (720 ILCS 646/1 et seq.) or a
synthetic drug product or misbranded drug in violation of the Illinois
Food, Drug and Cosmetic Act (410 ILCS 620/1 et seq.), as those statutes
are presently enacted, or as may be amended from time to time. It
includes, but is not limited to:
Kits intended to be used unlawfully in manufacturing, compounding,
converting, producing, processing, or preparing controlled substances.
Isomerization devices intended to be used unlawfully in increasing
the potency of any species of plant which is a controlled substance.
Testing equipment intended to be used unlawfully in analyzing
the strength, effectiveness or purity of controlled substances.
Diluents and adulterants intended to be used unlawfully in cutting
controlled substances by private persons.
Objects intended to be used unlawfully in ingesting, inhaling,
or otherwise introducing cocaine or a synthetic drug product or misbranded
drug in violation of the Illinois Food, Drug and Cosmetic Act[2] into the human body, including, where applicable, the
following items:
Any item whose purpose, as announced or described by the seller
or deliverer thereof, is in violation of this article.
To keep for, offer for, sell, or deliver, for any commercial
consideration, any item of drug paraphernalia.
A.
It is unlawful for any person to use, or to possess with intent to
use, drug paraphernalia to plant, propagate, cultivate, grow, harvest,
manufacture, compound, convert, produce, process, prepare cannabis
or a controlled substance for use, test, analyze, pack, repack, store,
contain, conceal, inject, ingest, inhale, or otherwise introduce into
the human body a controlled substance in violation of the Controlled
Substances Act (720 ILCS 570/100 et seq.) as presently enacted or
as is amended from time to time.
B.
A person under twenty-one (21) years of age shall not possess cannabis
paraphernalia.
C.
Any person who violates this section shall, upon conviction, be fined
an amount not less than $200 nor more than $1,000.
It is unlawful for any person to deliver, possess with intent
to deliver or manufacture with intent to deliver drug paraphernalia.
Any person who violates this section shall, upon conviction, be fined
an amount not less than $200 nor more than $1,000.
It is unlawful for any person to sell, offer to sell, or deliver
for commercial consideration drug paraphernalia. Any person who violates
this section shall, upon conviction, be fined an amount not less than
$300 nor more than $1,000 for each such item. Any store, place or
premises from which or in which drug paraphernalia is sold, offered
for sale or delivered for commercial consideration shall be deemed
to be a public nuisance.
It is unlawful for any person to place in any newspaper, magazine,
handbill, or other publication any advertisement, knowing, or under
circumstances where one reasonably should know, that the advertisement,
in whole or in part, is to promote objects designed or intended for
use as drug paraphernalia. Any person who violates this section shall,
upon conviction, be fined an amount not less than $100 nor more than
$1,000.
In determining intent, the proximity of cannabis or other controlled
substances to cannabis paraphernalia or drug paraphernalia or the
presence of cannabis or controlled substances on the cannabis paraphernalia
or drug paraphernalia may be taken into consideration.
This article shall not apply to or prohibit the following:
A.
Items marked for use in the preparation, compounding, packaging,
labeling or other use of cannabis or a controlled substance as an
incident to lawful research or teaching and not for sale.
B.
The possession of hypodermic syringes or needles by a person legally
authorized to possess the same under the Hypodermic Syringes and Needles
Act (720 ILCS 635/0.01 et seq.).
The Village Attorney may commence an action in the Circuit Court, in the name of the Village of Homer Glen, to abate the public nuisance as described in § 155-8. Upon being satisfied by affidavits or other sworn evidence that an alleged public nuisance exists, the court may, without bond, enter a temporary restraining order to enjoin any defendant from maintaining the nuisance and may, without bond, enter a preliminary injunction restraining any defendant from removing or interfering with any property used in connection with the public nuisance. If during the proceedings and hearings upon the merits the existence of the nuisance is established, and it is established that the nuisance was maintained with the intentional, knowing or reckless permission of the owner, or an agent of the owner managing the premises, the court shall enter an order restraining all person from maintaining or permitting the nuisance and from using the premises for a period of one year thereafter. However, an owner, lessee, or other occupant thereof may use the premises if the owner gives bond with sufficient security or surety, in an amount between $5,000 and $10,000, as approved by the court, payable to the Village. The bond shall include a condition that no offense specified in this article shall be committed at, in, or upon the property described, and a condition that the principal obligor and surety assume responsibility for any fine, costs, or damages incurred by any person resulting from such an offense.
