As used in this article, the following terms shall have the
meanings indicated:
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, sale, derivative, 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.
No person shall possess 30 grams or less of any substance containing
cannabis, or the synthetic form of cannabis, 1-pentyl-3-(1-napthoyl)
indole, commonly known as "K2."
The penalty for violation of this Article
VIII shall be as follows:
A. For possession of 2.5 grams or less of cannabis: $250.
B. For possession of more than 2.5 grams of cannabis, up to and including
30 grams: $750.
The Police Department may in its discretion refer charges of
possession of cannabis to the Morgan County State's Attorney for charges
pursuant to state law instead of bringing charges pursuant to this
article, but no person shall be charged pursuant to this article and
state law for the same offense. Possession of cannabis in excess of
30 grams is not subject to this article, but rather, shall be referred
to the State's Attorney to be charged pursuant to state law.