[HISTORY: Adopted by the City Council of the City of Columbia 12-16-2019 by Ord. No. 3488 (Ch. 9.32 of the 1997 Code. Amendments noted where applicable.]
Whenever reference is made in this chapter to the "Illinois
Cannabis Act" or the "Cannabis Act" it shall mean the Cannabis Regulation
and Tax Act of Illinois approved June 25, 2019, in force January 1,
2020 (410 ILCS 705/1-1 et seq.). All other words and phrases used
herein shall have the same meanings as the same or similar words or
phrases defined by and used in said Cannabis Regulation and Tax Act,
including the following:
- ACT
- The Cannabis Regulation and Tax Act of Illinois approved June 25, 2019, as Public Act 101-0027.
- ADVERTISE
- To engage in promotional activities, including, but not limited to: newspaper, radio, internet and electronic media, and television advertising; the distribution of fliers and circulars; and the display of window and interior signs.
- CANNABIS
- Marijuana, hashish, and other substances 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 plant; and any compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin, including tetrahydrocannabinol (THC) and all other naturally produced cannabinol derivatives, whether produced directly or indirectly by extraction; however, "cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted from it), fiber, oil or cake, or the sterilized seed of the plant incapable of germination. "Cannabis" does not include industrial hemp as defined and authorized under the Industrial Hemp Act (505 ILCS 89/1 et seq.). "Cannabis" also means concentrate and cannabis-infused products.
- CANNABIS BUSINESS ESTABLISHMENT
- A cultivation center, craft grower, processing organization, infusion organization, dispensing organization, or transporting organization.
- CANNABIS CONTAINER
- A sealed, traceable container, or package used for the purpose of containment of cannabis or cannabis-infused product during transportation.
- DISPENSARY
- A facility operated by a dispensing organization at which activities licensed by the Act may occur.
- DISPENSING ORGANIZATION
- A facility operated by an organization or business that is licensed by the Department of Financial and Professional Regulation to acquire cannabis from a cultivation center, craft grower, processing organization, or another dispensary for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia, or related supplies under the Act to purchasers or to qualified registered medical cannabis patients and caregivers.
- OWNERSHIP AND CONTROL
- Ownership of at least 51% of the business, including corporate stock if a corporation, and control over the management and day-to-day operations of the business and an interest in the capital, assets, and profits and losses of the business proportionate to percentage of ownership.
- PERSON
- A natural individual, firm, partnership, association, joint-stock company, joint venture, public or private corporation, limited-liability company, or a receiver, executor, trustee, guardian, or other representative appointed by order of any court.
- PUBLIC PLACE
- Any place where a person could reasonably be expected to be observed by others. "Public place" includes all parts of buildings owned, in whole or in part, or leased by the State of Illinois or the City of Columbia. "Public place" includes all areas in a park, recreation area, wildlife area, or playground owned, in whole or in part, leased, or managed by the State of Illinois or the City of Columbia. "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.
A.
It shall
be unlawful to consume or use cannabis on the premises of a cannabis
business establishment.
B.
It shall
be unlawful to operate any form of a cannabis lounge or similar type
of establishment or for a retail tobacco store to allow on-premises
consumption of cannabis.
C.
It shall
be unlawful to advertise cannabis or a cannabis-infused product in
any form or through any medium:
(1)
Within
1,000 feet of the perimeter of school grounds, a playground, a recreation
center or facility, a child-care center, a public park, a public library,
or a game arcade where admission is not restricted to persons 21 years
of age or older;
(2)
In
or on a public transit vehicle or public transit shelter; or
(3)
On
publicly owned or publicly operated property.
D.
It shall
be unlawful to undertake any task under the influence of cannabis
when doing so would constitute negligence, professional malpractice,
or professional misconduct.
E.
It shall
be unlawful to operate, navigate or be in actual physical control
of any motor vehicle, aircraft, or motorboat while using or under
the influence of cannabis.
F.
It shall
be unlawful to possess or use cannabis on a school bus or grounds
of a pre-school, primary, or secondary school unless used by a qualifying
patient or caregiver pursuant to the Compassionate Use of Medical
Cannabis Program Act (410 ILCS 130/1 et seq.).
G.
It shall
be unlawful to possess or use cannabis in a private residence used
at any time to provide licensed child care or other similar social
service care on the premises.
H.
It shall
be unlawful to use cannabis in any motor vehicle, in any public place
or in any place where smoking is prohibited under the Smoke Free Illinois
Act (410 ILCS 82/1 et seq.).
I.
It shall
be unlawful to facilitate the use of cannabis by a person not allowed
to use cannabis under the Act.
J.
It shall
be unlawful to knowingly use cannabis in close proximity (within 15
feet) of anyone under the age of 21 who is not a registered medical
cannabis patient under the Compassionate Use of Medical Cannabis Program
Act.
K.
It shall
be unlawful to grow cannabis unless authorized by the Compassionate
Use of Medical Cannabis Program Act.
N.
It shall
be unlawful for a parent or guardian to knowingly permit his or her
residence or any other private property under his or her control,
or any vehicle under his or her control to permit the consumption
of cannabis by a person under the age of 21.
O.
Nothing
herein shall prevent a private business from restricting or prohibiting
the use or possession of cannabis on its property, including areas
where motor vehicles are parked.
P.
Nothing
herein shall require an individual or business entity to violate the
provisions of federal law.
