Recreational Cannabis Information

Recreational Cannabis Information

On January 1, 2020 it will be legal for adults over the age of 21 to purchase, possess, and consume cannabis (aka marijuana) for recreational purposes. The Village of Bannockburn is providing these Frequently Asked Questions (FAQ) to help residents and businesses understand this change in law.

Can a recreational cannabis business be located in Bannockburn?

On October 15, 2019, the Village Board of Trustees decided to prohibit “adult use” or recreational cannabis businesses from locating in Bannockburn.

How much cannabis may an Illinois resident legally possess under the new law?

Illinois residents over the age of 21 can legally possess any combination of the following:

  • 30 grams of raw cannabis;
  • Cannabis-infused product or products containing a total of no more than 500 mg of Tetrahydrocannabinol (THC);
  • 5 grams of cannabis product in concentrated form.

In addition, Illinois residents who are registered as qualifying patients under the state’s medical cannabis program are allowed to possess and cultivate up to 5 cannabis plants and the cannabis produced from those 5 plants in their homes.  All “home grown” cannabis plants and cannabis must be secured within the residence or dwelling unit and kept out of sight from the general public.

How much cannabis may a non-resident of the State of Illinois legally possess under the new law?

Non-residents over the age of 21 can legally possess any combination of the following:

  • 15 grams of raw cannabis;
  • Cannabis-infused products or products containing a total of no more than 250 mg of THC;
  • 5 grams of cannabis product in concentrated form.

A non-resident may not possess cannabis plants.

Where is a person prohibited from possessing cannabis?

Possession of cannabis is prohibited in the following places:

  • On a school bus.
  • On the grounds of any preschool, primary or secondary school unless approved as a medical cannabis patient.
  • In a private vehicle, unless the cannabis is in a sealed, odor-proof, tamper-resistant cannabis container and reasonably inaccessible while the vehicle is moving.
  • In a private residence that is used at any time to provide licensed child care or other similar social service care on the premises.

Where is the use of cannabis prohibited?

Use of cannabis is prohibited in the following places:

  • On a school bus.
  • On the grounds of any preschool, primary or secondary school unless authorized in the medical cannabis program.
  • In any correctional facility.
  • In any motor vehicle.
  • In a private residence that is used at any time to provide licensed child care or other similar social service care on the premises.
  • In any public place or knowingly in close physical proximity to anyone under 21 years of age.
  • In any public place where a person could reasonably be expected to be observed by others.
  • In any location where smoking is prohibited by the Smoke Free Illinois Act (410 ILCS 82/1 et seq.), including hospitals, restaurants, retail stores, offices, commercial establishments, etc.
  • Universities, colleges and other post-secondary educational institutions may restrict or prohibit cannabis use on their property.

How is a “public place” defined under the Act?

A “public place” is defined as any place where a person could reasonably be expected to be observed by others. It includes all parts of buildings owned in whole or in part, or leased, by the state or a unit of local government. A “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.

Are there certain specific activities that an individual may not perform while using cannabis?

  • Operating, navigating or being in actual physical control of any motor vehicle, aircraft or motorboat while using or under the influence of cannabis. Driving under the influence and reckless driving due to THC impairment is still illegal.
  • Use of cannabis by a law enforcement officer, corrections officer, probation officer or firefighter while on duty or on-call.
  • Use of cannabis by a person who has a school bus driver’s permit or a Commercial Driver’s License (CDL) while on duty.

Note:   Employers may adopt reasonable zero tolerance or drug free workplace policies, or employment policies concerning drug testing, smoking, consumption, storage, or use of cannabis in the workplace or while on call provided that the policy is applied in a nondiscriminatory manner.

How will DUI’s be addressed under the new law?

  • Driving under the influence of cannabis will continue to be illegal.
  • The law allows for use of validated roadside chemical tests or standardized field sobriety tests approved by the National Highway Traffic Safety Administration when conducting investigations of a violation of Section 11-501 of the Illinois Motor Vehicle Code (625 ILCS 5/11-501) or a similar local ordinance by drivers suspected of driving under the influence of cannabis.
  • The results of validated roadside chemical tests and standardized field sobriety tests are, under the Act, admissible at a civil or criminal trial or proceeding for an arrest for a cannabis-related offense as defined in Section 11-501 of the Illinois Motor Vehicle Code or a similar local ordinance.
  • A State of Illinois DUI Cannabis Task Force has been created with legalization of recreational cannabis to examine best practices for enforcement of driving under the influence of cannabis laws and emerging technology in roadside testing for impairment.
    • The Illinois Vehicle Code presumes a driver is impaired if they have Tetrahydrocannabinol (THC) concentration of 5 nanograms or more in whole blood or 10 nanograms or more in another bodily substance.
    • Lesser concentrations of THC does not give rise to a presumption that a driver is under the influence of cannabis, but may be considered with other competent evidence of impairment.
  • The refusal to submit to a chemical test will result in the imposition of driver’s license sanctions under Section 11-501.1 of the Illinois Motor Vehicle Code.
  • The refusal to take validated roadside chemical tests or standardized field sobriety tests is admissible in any civil or criminal action or proceeding regarding impairment by use of cannabis.
  • An authorized medical cannabis patient who drives is deemed to have given consent to (i) validated roadside chemical tests or (ii) standardized field sobriety tests.
  • Law enforcement officers must have an independent, cannabis-related factual basis giving reasonable suspicion that a person is driving or in actual physical control of a motor vehicle while impaired by the use of cannabis to conduct validated roadside chemical tests or standardized field sobriety tests.

Can a landlord prohibit the smoking of cannabis on their property?

Yes. An owner or lessor of residential property can prohibit the smoking of cannabis within their residential property.  Residents of federally subsidized public housing are prohibited from possessing or consuming cannabis in any form.

Home Cultivation or “Home Grow”

What are the limitations and requirements to grow cannabis at home?

Only registered medical cannabis patients over 21 years of age may participate in home cultivation.  Additionally, cultivation in private residences by medical cannabis patients is subject to the following limitations:

  • There is a limit of five plants that are five inches or more per household without a cultivation center or craft grower license;
  • Cannabis plants may not be cultivated in an area subject to public view;
  • Reasonable precautions must ensure that the plants are secure from unauthorized access or access by a person under 21 years of age;
  • Cannabis cultivation must occur in an enclosed locked space;
  • Cannabis cultivation may only occur on residential property lawfully in possession of the medical cannabis patient or with the consent of the person in lawful possession of the property;
  • A medical cannabis patient may allow their authorized agent to tend to the plants for brief periods of time if the patient is temporarily away;
  • A medical cannabis patient may only purchase cannabis seed from a dispensary;
  • Purchase of live plant material is prohibited; and
  • If the home grown plants yield more than the allowable possession limit of 30 grams of raw cannabis, then the excess cannabis must remain secured within the residence of residential property in which it was grown.

May a landlord prohibit growth of cannabis on their property?

Yes. An owner or lessor of residential property may prohibit the cultivation of cannabis by a lessee.

Expungements

What records will be automatically expunged?

The law mandates that arrest records relating to offenses under the Illinois Cannabis Control Act for possession of under 30 grams of any substance containing cannabis that are not associated with an arrest, conviction or other disposition of a violent crime as defined in subsection (c) of Section 3 of the Illinois Rights of Crime Victims and Witnesses Act. “Minor Cannabis Offenses” will be automatically expunged by all law enforcement agencies, including records of an arrest, charges not initiated by arrest, orders of supervision or orders of qualified probation for all offenses committed prior to the Act if:

  • One year or more has elapsed since the date of the arrest or law enforcement interaction documented in the records; and no criminal charges were filed or if filed they were dismissed and/or arrestee was acquitted.

What is the schedule for automatic expungement?

The law provides that all law enforcement agencies must expunge qualifying records according to the following schedule:

  • Records created prior to the effective date of the Act, but on or after January 1, 2013, shall be automatically expunged prior to January 1, 2021;
  • Records created prior to January 1, 2013, but on or after January 1, 2000, shall be automatically expunged prior to January 1, 2023; and
  • Records created prior to January 1, 2000, shall be automatically expunged prior to January 1, 2025. 

What is the process for expungement for offenders actually convicted of Minor Cannabis Offenses or of more serious violations under the Cannabis Control Act?

  • Within 180 days of the effective date of the Act, the Illinois State Police must notify the Prisoner Review Board of those convictions for Minor Cannabis Offenses that are eligible for expungement under the Act.
  • The Act provides a process for the Prisoner Review Board to make recommendations to the Governor for pardons for certain convictions for Minor Cannabis Offenses.
  • Those convicted for more serious violations of the Cannabis Control Act and not qualifying for a pardon have the option of petitioning for expungement through the circuit court.

 How does an agency respond to a request for records that have been expunged?

In response to an inquiry for expunged records, the law enforcement agency receiving such inquiry shall reply as it does in response to inquiries when no records ever existed; however, it shall provide a certificate of disposition or confirmation that the record was expunged to the individual whose record was expunged if such a record exists.

 

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