9.51 – Possession, Use, and Consumption of Cannabis

1. It shall be unlawful for any person to knowingly use or consume cannabis in a manner inconsistent with the Cannabis Control Act, the Cannabis Regulation and Tax Act.
2. Exemptions: The prohibitions in this Chapter shall not apply when otherwise allowed under the Compassionate Use of Medical Cannabis Program Act or the Cannabis Regulation and Tax Act.
3. Use: It shall be unlawful for any person to use cannabis in or about any public place or places. As used in this Chapter, “public place” means any place where a person could reasonably be expected to be observed by others, including but not limited to all parts of buildings owned in whole or in part, or leased, by the State of Illinois, or the City of St. Charles or other public body, but 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.

Cannabis, as defined in the Cannabis Control Act and the Cannabis Regulation and Tax Act, 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, 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. . "Cannabis" also means cannabis flower, concentrate, and cannabis-infused products.

1. It is unlawful for any person under  21 years of age to knowingly possess any quantity of any substance containing cannabis, unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Program Act.
2. It shall be unlawful for any person who is a resident of this State to knowingly possess cannabis in excess of the following amounts:
   1. 30 grams, but less than 100 grams, of cannabis flower;
   2. 500 milligrams tetrahydrocannabinol (THC) in cannabis-infused products; and
   3. 5 grams cannabis concentrate.

           The possession limits contained herein are to be considered cumulative.

3. It shall be unlawful for any person who is not a resident of this State to knowingly possess cannabis in excess of the following amounts:
   1. 15 grams, but less than 100 grams, of cannabis flower;
   2. 25 milligrams tetrahydrocannabinol (THC) in cannabis-infused products; and
   3. 2.5 grams cannabis concentrate.

          The possession limits contained herein are to be considered cumulative.

4. It shall be unlawful for any person to possess or use cannabis in a school bus, or 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.
5. It shall be unlawful for any person to possess cannabis in a vehicle not open to the public unless the cannabis is in a reasonably secured, sealed container and reasonably inaccessible while the vehicle is moving.
6. It shall be unlawful for any person to possess or use cannabis in a private residence that is used at any time to provide licensed child care or other similar social service care on the premises;
7. It shall be unlawful for any person to use cannabis in any public place or motor vehicle; or smoke cannabis in any place where smoking is prohibited under the Smoke Free Illinois Act; or smoke cannabis in retail tobacco stores as defined in the Smoke Free Illinois Act.
8. It shall be unlawful for any person to use cannabis 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 Program Act;
9. It shall be unlawful for any person to facilitate the use of cannabis by any person who is not allowed to use cannabis under the City of St. Charles Municipal Code, the Cannabis Regulation and Tax Act or the Compassionate Use of Medical Cannabis Program Act.
10. It shall be unlawful for any person to transfer cannabis to any person contrary to the City of St. Charles Municipal Code, the Cannabis Regulation and Tax Act or the Compassionate Use of Medical Cannabis Program Act.
11. It shall be unlawful for any person to knowingly permit his or her residence, any other private property under his or her control, or any vehicle under his or her control, to be used by a person under the age of 21, unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Program Act.
12. It shall be unlawful for any person to cultivate cannabis unless permitted pursuant to the Compassionate Use of Medical Cannabis Program Act, except that the effect of this subsection shall be limited to persons cultivating less than six (6) cannabis plants.
13. It shall be unlawful for any person permitted to cultivate cannabis pursuant to the Compassionate Use of Medical Cannabis Program Act to cultivate more than five (5) cannabis plants in excess of five (5) inches tall; to cultivate cannabis in a place that is not an enclosed, locked space; or to store cannabis plants in a location that is subject to ordinary public view.

Any person, firm or corporation violating any provision of this Chapter shall be fined not less than two hundred fifty dollars ($250.00) but not more than seven hundred and fifty ($750.00) dollars for each offense, and a separate offense shall be deemed committed on each day on which a violation occurs or continues.

In the alternative, any person violating any provisions if this Chapter shall, upon conviction, complete fifteen (15) hours of community restitution for the first offense, thirty (30) hours of community restitution for the second offense, and one hundred (100) hours of community restitution for each subsequent offense. All community service shall be completed within one (1) years from the date of conviction.