Village of Oakwood, IL
Vermilion County
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[HISTORY: Adopted by the Board of Trustees of the Village of Oakwood as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 114.
[Adopted 3-14-2005 by Ord. No. 05-3-14-1 (Title 9, Ch. 9.34, of the 1980 Code)]
As used in this article, the following terms shall have the meanings indicated:
CANNABIS
Has the meaning ascribed to it in Section 3 of the Illinois Cannabis Control Act (720 ILCS 550/3).
DRUG PARAPHERNALIA
Has the meaning ascribed to it in Section 2 of the Illinois Drug Paraphernalia Control Act (720 ILCS 600/2).[1]
[1]
Editor's Note: Original § 9.34.020 of the 1980 Code, Possession of cannabis, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
It shall be unlawful for any person to knowingly possess an item of drug paraphernalia with the intent to use it in ingesting, inhaling, or otherwise introducing cannabis or a controlled substance into the human body, or in preparing cannabis or a controlled substance for that use.
B. 
In determining intent under Subsection A, the trier of fact may take into consideration the proximity of the cannabis or controlled substances to the drug paraphernalia or the presence of cannabis or a controlled substance on the drug paraphernalia.
A. 
This article shall not apply to:
(1) 
Items marketed for use 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.
(2) 
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 or any other lawful substance. Items exempt under this subsection include, but are not limited to, garden hoes, rakes, sickles, baggies, tobacco pipes, and cigarette-rolling papers.
(3) 
Items listed in the definition of "drug paraphernalia" in § 146-1 which are marketed for decorative purposes, when such items have been rendered completely inoperable or incapable of being used for an illicit purpose prohibited by this article.
B. 
In determining whether or not a particular item is exempt under this section, the trier of fact should consider, in addition to all other logically relevant factors, the following:
(1) 
The general, usual, customary, and historical use to which the item involved has been put;
(2) 
Expert evidence concerning the ordinary or customary use of the item and the effect of any peculiarity in the design or engineering of the device upon its functioning;
(3) 
Any written instructions accompanying the delivery of the item concerning the purposes or uses to which the item can or may be put;
(4) 
Any oral instructions provided by the seller of the item at the time and place of sale or commercial delivery;
(5) 
Any national or local advertising concerning the design, purpose or use of the item involved, and the entire context in which such advertising occurs;
(6) 
The manner, place and circumstances in which the item was displayed for sale, as well as any item or items displayed for sale or otherwise exhibited upon the premises where the sale was made;
(7) 
Whether the owner or anyone in control of the object is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
(8) 
The existence and scope of legitimate uses for the object in the community.
Any person who violates this article shall be subject to a fine of up to $150 plus court costs for the first offense and up to $750 plus court costs for the second and any subsequent offenses.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Adopted 4-9-2012 by Ord. No. 12-04-09-1 (Title 9, Ch. 9.80, of the 1980 Code)]
It is unlawful for any person to possess or distribute within the Village of Oakwood any controlled substance otherwise than as authorized by the Illinois Controlled Substances Act (720 ILCS 570/100 et seq.).
It is unlawful for any person to possess or distribute within the Village of Oakwood any amount of cannabis otherwise than as authorized by the Cannabis Control Act (720 ILCS 550/1 et seq.).
As used in this article, the following terms shall have the meanings indicated:
CANNABIS
Any substance defined as cannabis in the Cannabis Control Act [720 ILCS 550/3(a)].
CONTROLLED SUBSTANCE
Any substance defined as a controlled substance in the Illinois Controlled Substances Act [720 ILCS 570/102(f)].
[Amended 11-10-2014 by Ord. No. 14-11-10-3]
Anyone found guilty of a violation of this article shall pay a fine of $750 for the first offense and $1,000 for each subsequent offense.