O-19-43VILLAGE OF DEERFIELD
ORDINANCE NO. 2019- 0-19-43
AN ORDINANCE AMENDING "THE MUNICIPAL CODE OF THE VILLAGE OF
DEERFIELD, ILLINOIS, 1975" REGARDING
RECREATIONAL CANNABIS ENFORCEMENT
WHEREAS, the Village is a home rule municipal corporation in accordance with
Article VII, Section 6(a) of the Constitution of the State of Illinois of 1970; and
WHEREAS, the Village has the authority to adopt ordinances and to promulgate
rules and regulations that pertain to its government and affairs; and
WHEREAS, on June 25, 2019, the Governor of the State of Illinois signed into law
Public Act 101-0027, establishing the Cannabis Regulation and Tax Act ("Act'); and
WHEREAS, the Act legalizes the possession and use of cannabis for recreational
purposes by adults over the age of 21, authorizes the sale of recreational cannabis at
dispensaries, permits the expansion of cultivation centers previously only authorized to
supply medical cannabis sales, and authorizes new types of cannabis businesses, such as
craft growers, infusers, and processors; and
WHEREAS, the Act limits units of local governments, including home rule units,
from regulating the use of cannabis for recreational purposes by adults in a manner more
restrictive than the regulations provided in the Act; and
WHEREAS, Section 15-23.1(b) of "The Municipal Code of the Village of Deerfield,
Illinois, 1975," as amended ("Village Code', currently prohibits the possession of cannabis
in a manner that will be inconsistent with the Act; and
WHEREAS, the Village Board has determined that it will serve and be in the best
interests of the Village and its residents to amend Section 15-23.1(b) and related provisions
of the Village Code concerning the use and possession of cannabis, and related paraphernalia,
pursuant to this Ordinance; and
WHEREAS, the Village Board has further determined that it will serve and be in the
best interests of the Village to amend various references to "marijuana" in the Village Code
to refer to "cannabis," which term includes marijuana and is consistent with the definitions
set forth in the Act;
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE BOARD OF
DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows:
SECTION ONE: RECITALS. The foregoing recitals are incorporated into, and
made a part of, this Ordinance as findings of the Village Board.
SECTION TWO: AMENDMENTS TO SECTION 7-84. Subsection (f), titled
"Alcoholic Beverages, Marijuana, Opioids Prohibited," of Section 7-84, titled "Conditions and
Additions are bold and double -underlined; a^'^+ ^fi^ ^F^ Stflaek+h i
Restrictions of License," of Article 14, titled "Massage Establishments and Therapists," of
Chapter 7, titled "Businesses," is hereby amended further, and shall read as follows:
"7-84 Conditions and Restrictions of License:
(f) Alcoholic Beverages, "Cannabis, Opioids Prohibited: No
person shall sell, give, dispense, provide or keep or cause to be sold,
given, dispensed, provided, or kept, any alcoholic beverage,
ana cannabis, or opioids on the premises of any
establishment.
SECTION THREE: AMENDMENTS TO SECTION 12-34. Subsection (n), titled
"Smoking," of Section 12-34, titled Definitions, of Article 6, titled "Smoke Free Air
Regulations," of Chapter 12, titled "Health," is hereby amended further, and shall read as
follows:
"12-34: Definitions:
For purposes of this article, the following terms shall have the following
meanings:
(n) Smoke Or Smoking. Inhaling, exhaling, burning, or carrying any
lighted cigar, cigarette, pipe, or other lighted tobacco product or
cannabis in any manner or in any form. "Smoke" or "smoking" shall
also mean vaping, inhaling, ingesting, absorbing, dissolving, snorting,
sniffing, using or consuming any e -cigarette. For the purpose of this
definition, "e -cigarette" means any electronic device designed to deliver
nicotine,cannabis, other chemicals, flavors, and/or any liquid product
composed either in whole or part of nicotine, propylene glycol and/or
other similar substances by converting the nicotine, other chemicals,
flavors, and/or liquid product into an aerosol, gas or vapor that is
inhaled, ingested, absorbed, vaped, snorted, sniffed, used or consumed
by the user, which simulates cigarette smoking and in operation causes
the user to exhale any smoke, vapor, other substance other than those
produced by unenhanced human exhalation. The electronic device
usually consists of a mouthpiece, a heating element or atomizer, a
battery, and electronic circuits that provide an aerosol, gas or vapor
derived from nicotine, other chemicals, and/or flavors. This definition
includes such devices, regardless of the details of the product
appearance or marketed name, generally manufactured to resemble
cigarettes, cigars, cigarillos, pipes, hookahs, or other smoking devices.
Additions are bold and double-underlin d; dpl^fi^--^^-•^ ^t^k through.
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SECTION FOUR: AMENDMENTS TO SECTION 15-23.1. Section 15-23.1,
titled "Possession of Cannabis; Violation; Penalty:" of Article 2, titled "Offenses Against
Public Morals," of Chapter 15, titled "Morals and Conduct," of the Village Code is hereby
amended further, and shall read as follows:
"15-23.1 Possession and Use of Cannabis; Violation; Penalty:
(a) Cannabis: Cannabis includes marijuana, hashish and
other substances <-h 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 &ueh plant,
and any compound, manufacture, salt, derivative, mixture or
preparation of the s plant, its seeds or resin, including
tetrahydrocannabinol (THC) and all other naturally produced
cannabinol derivatives, ineludingits naturally eeourring er-
synthetieally pFedueed ingredients, whether produced directly or
indirectly by extraction; however, "cannabis" does not include er
independently J' means of ehemieal synthesis
extxsetion and ehemieal synthesis; butshall net ine the mature
stalks of the -&ueh plant, fiber produced from the such stalks, oil or cake
made from the seeds of the sueh plant, any other compound,
manufacture, salt, derivative, mixture or preparation of such mature
stalks (except the reside extracted from it therefFem), fiber, oil or cake
or the sterilized seed of the sue4 plant that whieh is incapable of
germination. "Cannabis" does not include industrial hemp as
defined and authorized and authorized under the Industrial
Hemp Act. "Cannabis" also means concentrate and cannabis -
infused products.
(b) Violations:
L1 It shall be a violation of this section for any person knowingly to
purchase, possess, use, process, transport, grow or
consume cannabis except in compliance with the
Cannabis Regulation and Tax Act, 410 ILCS 705/1 et a
or Compassionate Use of Medical Cannabis Program Act
410 ILCS 130/1 et seg. possess u: y quantity of any substanee
eentaining nnabis, exeept that the effeet of this seetion
shall
b�d to per -sons !Ena FLingly possessing less than
Yan thirty
grams � bg/
(30 ) of ubst n + b
„J� �4"'
2 It shall be a violation of this section for any person
knowingly to use or consume, or allow someone else to
use or consume, cannabis on the premises of any
Additions are bold and do ble-underlined; ^� u.r-uek through
3
privately owned commercial facility that is open to
members of the general public, including, without
limitation, retail stores, restaurants, taverns, theatres.
and other recreational facilities except as otherwise
specifically permitted pursuant to the Cannabis
Regulation and Tax Act and the Compassionate Use of
Medical Cannabis Program Act."
(c) Penalty: Any person convicted of any violation of the provisions of this
section shall be fined not more than five hundred dollars ($500.00) for
each offense."
SECTION FIVE: AMENDMENTS TO SECTION 15-77. Section 15-77, titled
"Definitions," of Article 10, titled "Drug Paraphernalia," of Chapter 15, titled "Morals and
Conduct," of the Village Code is hereby amended further, and shall read as follows:
"15-77 Definitions:
4a9,- ;uana „r uask; Cannabis Pipe: A pipe characterized by a bowl
which is so small that the primary use for which it is reasonably
adapted or designed is the smoking of cannabis.
rather than law€x1 smoking tobacco, and which may or may not be
equipped with a screen."
SECTION SIX: AMENDMENTS TO SECTION 15-82. Section 15-82, titled
"Exemptions," of Article 10, titled "Drug Paraphernalia," of Chapter 15, titled "Morals and
Conduct," of the Village Code is hereby amended further, and shall read as follows:
"15-82 Exemptions: This section shall not apply to the following
items:
(a) Items marketed for use in, and/or customarily used in, the preparation,
compounding, packaging, labeling, or other use of cannabis or a
controlled substance as an incident to lawful research, teaching, or
chemical analysis and not for sale;
(b) Items marketed for, or historically and customarily used in connection
with, the planting, propagating, cultivating, growing, harvesting,
manufacturing, compounding, converting, producing, processing,
preparing, testing, analyzing, packaging, repackaging, storing,
containing, concealing, injecting, ingesting, or inhaling of tobacco,
cannabis as authorized pursuant to the Cannabis Regulation
and Tax Act, 410 ILCS 705/1 et sea or Compassionate Use of
Medical Cannabis Program Act, 410 ILCS 130/1 t ea.. or any
other lawful substance. Items exempt under this subsection include, but
are not limited to, garden hoes, rakes, sickles, tobacco or cannabis
Additions are bold and double -underlined; aleletia-as ^r^ stnaek thre •^h
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pipes, and eigarette rolling papers.
SECTION SEVEN: PUBLICATION. The Village Clerk is hereby directed to
publish this Ordinance in pamphlet form pursuant to the Statutes of the State of Illinois.
SECTION EIGHT: EFFECTIVE DATE. This Ordinance will be in full force and
effect from and after the later to occur of. (i) its passage and approval in the manner provided
by law; and (ii) January 1, 2020.
AYES: Benton, Jester, Oppenheim, Shapiro, Struthers
NAYS: None
ABSTAIN: Seiden
ABSENT: None
PASSED: December 16, 2019
APPROVED: December 17, 2019
ORDINANCE NO. 0-19-43
ATTEST:
Harriet Rosenthal, Mayor
Kent S. St eet, Village C erk
Additions__ arg bold and doubl underlined; 44et ^nRtr� L