G43-15 Ordinance No. G43-15
AN ORDINANCE
PROVIDING FOR CANNABIS REGULATIONS
WHEREAS, the City of Elgin is a home rule unit, and as a home rule unit may exercise
any power and perform any function pertaining to its government and affairs; and
WHEREAS, the City Council has determined that it is necessary and desirable to enact
certain regulations
with respect to the possession and use of cannabis; and
WHEREAS, the proposed regulations relating to the possession and use of cannabis will
enhance public safety and health and will provide for the more efficient prosecution of specified
minor offenses with relating to the possession and use of cannabis; and
WHEREAS, public safety and welfare and the efficient use of law enforcement resources
pertain to the government affairs of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That Title 10 of the Elgin Municipal Code, 1976, as amended, entitled
"Public Peace, Morals and Welfare" be and is hereby further amended by adding a new chapter
10.24 thereto entitled "Cannabis" to read as follows:
"Chapter 10.24
CANNABIS
10.24.010: DEFINITIONS:
As used in this Chapter, "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.
10.24.020: POSSESSION:
It shall be unlawful for any person to possess up to thirty (30) grams of any
substance containing cannabis.
10.24.030: USE:
It shall be unlawful for any person to use, inject, ingest, inhale, or otherwise
introduce into the human body cannabis, or to be under the influence of cannabis.
10.24.040: EXCEPTIONS:
The provisions of this Chapter shall not apply to persons who are licensed to
possess, use or deliver cannabis by the State of Illinois and are in compliance with
the requirements and provisions of such license.
10.24.050: PENALTIES:
A. Any person found in violation of any of the provisions of this Chapter for
possession of ten (10) grams or less of any substance containing cannabis
shall be fined not less than seventy-five dollars ($75.00) for a first offense,
not less than two hundred dollars ($200.00) for a second offense and not
less than five hundred dollars ($500.00) for a third and subsequent offense.
B. Any person found in violation of any of the provisions of this Chapter for
possession of more than ten (10) grams and up to thirty (30) grams of any
substance containing cannabis shall be fined not less than one hundred fifty
dollars ($150.00) for a first offense, not less than three hundred dollars
($300.00) for a second offense and not less than seven hundred fifty dollars
($750.00) for a third and subsequent offense.
C. In addition to the payment of the aforesaid fine, any person found to be in
violation of this Chapter may also,upon conviction,be required to complete
not less than twenty-five (25) hours and not more than fifty (50) hours of
community service or community restitution hours in addition to or in place
of a fine.
D. Any person shall be guilty of a separate offense for each and every day
during which any portion of any violation of this Chapter is committed,
continued or permitted to be committed, and the person shall be punished
accordingly."
Section 2. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed to the extent of any such conflict.
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Section 3. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
/0770 f4e-/ZI-Ces
David J. K.,. ain, or
Presented: October 14, 2015
Passed: October 14, 2015
Vote: Yeas: 8 Nays: 1 �.� ,,,
Recorded: October 14, 2015 : G : RBSFUJMI s "\,41,0%
Published: October 16, 2015 '=
Attest:
:1L pit 1 1,�s4 '
Kimberly Dewis, C. y Clerk
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