[HISTORY: Adopted by the City Council of the City of El Paso as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-1-2021 by Ord. No. 1037]
As used in this article, the following terms shall have the meanings indicated:
ACT
The Compassionate Use of Medical Cannabis Program Act (410 ILCS 130/1 et seq.).
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, sale, 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; but shall not include the mature stalks of such plant, fiber produced from 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" does not include industrial hemp as defined and authorized under the Illinois Industrial Hemp Act (505 ILCS 89/5).
CANNABIS PARAPHERNALIA
Includes 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.
CRTA
The Cannabis Regulation and Tax Act (410 ILCS 705/1 et seq.).
PUBLIC PLACE
Any place where a person could reasonably be expected to be observed by others. "Public place" includes all parts of buildings owned in whole or in part, or leased, by the State of Illinois, the City of El Paso, or any other unit of local government. "Public place" also includes all areas in a park, recreation area, wildlife area or playground owned in whole or in part, leased, or managed by the state, the City of El Paso, or any other unit of local government. "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.
A. 
In general. It is unlawful for any person who is 21 years of age or older to possess cannabis in excess of the following limits:
(1) 
For residents of the State of Illinois:
(a) 
Thirty grams of cannabis flower;
(b) 
Five hundred milligrams of THC contained in a cannabis-infused product;
(c) 
Five grams of cannabis concentrate.
(2) 
For individuals who are not residents of the State of Illinois:
(a) 
Fifteen grams of cannabis flower;
(b) 
Two hundred fifty milligrams of THC contained in a cannabis-infused product;
(c) 
2.5 grams of cannabis concentrate.
B. 
Persons under 21.
(1) 
Possession. It is unlawful for any person under the age of 21 to possess or consume cannabis.
(2) 
Sales to minors. No cannabis business, or any officer, associate, member, representative, agent, or employee thereof shall sell, give, or deliver cannabis to any person under the age of 21. No person after purchasing or otherwise obtaining cannabis shall sell, give, or deliver such cannabis to any person under the age of 21.
(3) 
Furnishing or using false or fraudulent ID. Any person under the age of 21 who presents or offers to any cannabis business, or any officer, associate, member, representative, agent, or employee thereof, any evidence of age and identity which is false, fraudulent, modified, or not their own for the purpose of ordering, purchasing, procuring, or attempting to order, purchase, or procure cannabis, or who has in their possession any false, fraudulent, or modified evidence of age or identity is guilty of a violation of this article.
C. 
Medical use of cannabis. Notwithstanding anything in this article to the contrary, it shall not be unlawful for any individual who is a registered qualifying patient or a registered designated caregiver, as those terms are defined in the Act, to engage in the medical use of cannabis, or to possess cannabis for the purpose of engaging or assisting in the medical use of cannabis in accordance with the provisions of the Act. An individual is presumed to be acting lawfully and in compliance with this article and the terms of the Act where such individual is in possession of (i) a valid registry identification card issued pursuant to the Act, and (ii) no more than 2.5 ounces of cannabis (or such other amount as authorized by the Act or the CRTA).
D. 
Cultivation of cannabis. It shall be unlawful for any individual to cultivate cannabis for personal use; provided, however, that a registered qualifying patient under the Act may cultivate up to five cannabis plants, with a cumulative limit of five plants per household.
E. 
Possession and use prohibited. Notwithstanding the foregoing, it shall be unlawful for any person to engage in any of the following:
(1) 
Possession or use of cannabis on a school bus, unless permitted for a qualifying patient or caregiver pursuant to the Act;
(2) 
Possession or use of cannabis on the grounds of any preschool, primary school, or secondary school, unless permitted for a qualifying patient or caregiver pursuant to the Act;
(3) 
Possession or use of cannabis in any correctional facility;
(4) 
Possession of cannabis in a vehicle, unless the cannabis is in a reasonably secured, sealed container and reasonably inaccessible while the vehicle is moving;
(5) 
Use of cannabis in a motor vehicle;
(6) 
Possession or use of cannabis in a private residence that is used at any time to provide licensed child care or similar social service care on the premises;
(7) 
Use of cannabis in any public place within the City;
(8) 
Use of cannabis knowingly in close physical proximity to anyone under 21 years of age who is not a registered medical cannabis patient under the Act;
(9) 
Smoking cannabis in any place where smoking is prohibited under the Smoke Free Illinois Act (410 ILCS 82/1 et seq.);
(10) 
Operating, navigating, or being in actual physical control of any motor vehicle, aircraft, or motorboat while using or under the influence of cannabis in violation of Section 11-501 or 11-502.1 of the Illinois Vehicle Code;
(11) 
Facilitating the use of cannabis by any person who is not allowed to use cannabis under this article;
(12) 
Transferring cannabis to any person contrary to this article, the Act or the CRTA;
(13) 
The use of cannabis by a person who has a school bus permit or a commercial driver's license while on duty.
F. 
Penalty. Any person found to be in violation of any provision of this article shall be subject to a fine of not less than $200 and not more than $750.