[HISTORY: Adopted by the Board of Trustees of the Village of Tilton 3-11-2021 by Ord. No. 2021-0311C. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
CANNABIS
Shall have the meaning ascribed to it in Section 3 of the Cannabis Control Act (ILCS Ch. 720, Act 550, § 3).
CANNABIS REGULATION AND TAX ACT
Illinois Public Act 101-027 in force beginning June 25, 2019, as said Act may be amended from time to time (ILCS Ch. 410, Act 705).
COMPASSIONATE USE ACT
The Compassionate Use of Medical Cannabis Pilot Program Act, Public Act 98-0122 in force beginning January 1, 2014, as said Act may be amended from time to time (ILCS Ch. 410, Act 130).
CONTROLLED SUBSTANCE
Shall have the meaning ascribed to it in Section 102 of the Illinois Controlled Substances Act (ILCS Ch. 720, Act 570, § 102).
A. 
It shall be unlawful for any person to possess cannabis, any substance containing cannabis except as allowed by and in compliance with the Compassionate Use Act and/or except as allowed by and in compliance with the Cannabis Regulation and Tax Act, or a controlled substance.
B. 
Even if otherwise allowed by and in compliance with the Cannabis Regulation and Tax Act, it shall be unlawful for any person to possess cannabis or any substance containing cannabis:
(1) 
In a school bus unless allowed by and in compliance with the Compassionate Use Act;
(2) 
On the grounds of any preschool or primary or secondary school unless allowed by and in compliance with the Compassionate Use Act;
(3) 
In any correctional facility;
(4) 
In a vehicle not open to the public unless the cannabis is in a reasonably secured sealed container and reasonably inaccessible while the vehicle is moving; and
(5) 
In a private residence that is used at any time to provide licensed child care or other similar social service care on the premises.
It shall be unlawful for any person to possess the cannabis sativa plant except as allowed by and in compliance with the Compassionate Use Act and/or except as allowed by and in compliance with the Cannabis Regulation and Tax Act.
A. 
Cannabis; controlled substance. Except as allowed by and in compliance with the Compassionate Use Act and/or except as allowed by and in compliance with the Cannabis Regulation and Tax Act, any cannabis, substance containing cannabis, cannabis sativa plants or controlled substance shall be seized and forfeited to the Village as contraband, whereupon such items shall be destroyed.
B. 
Funds. Any money or other thing of value furnished or intended to be furnished by any person in exchange for an item which would be a violation of this chapter, all proceeds traceable to such an exchange and any moneys or things of value used, or intended to be used, to commit or in any manner to facilitate or be held in conjunction with any violation of this chapter shall be seized and forfeited to the Village as contraband.
C. 
Presumptions. The following circumstances shall give rise to a presumption that the funds or other things of value were furnished or intended to be furnished or were otherwise provided in conjunction with or facilitation of a violation of this chapter, such presumptions being rebuttable by a preponderance of the evidence:
(1) 
All moneys or other things of value were found in close proximity to substances or items forfeitable under this chapter; and
(2) 
There was no reasonable source for the money or things of value other than a violation of this chapter.
D. 
Hearing upon seizure. If the owner of the moneys or things of value seized pursuant to this chapter desires to appeal the seizure, said owner must make a request for a hearing on the seizure no later than the next business day after the seizure. Said request shall be in writing, specifying the basis upon which the seizure is being appealed, and shall be filed with the Village Clerk. If the request is timely filed, the Village-designated hearing department or an officer thereof shall conduct such hearing within 72 hours, or as soon thereafter as is practicable, excluding Saturdays, Sundays and holidays. All interested persons shall be given a reasonable opportunity to be heard at the hearing. The formal rules of evidence will not apply and hearsay evidence shall be admissible. If, after the hearing, the Village-designated hearing department or an officer thereof determines there is probable cause to believe that the moneys or things of value are subject to seizure and forfeiture pursuant to this chapter, the Village-designated hearing department or an officer thereof shall order the continued seizure of the moneys or things of value until the full evidentiary hearing. If, after the hearing, the Village-designated hearing department or an officer thereof determines that probable cause does not exist for the seizure, the moneys or things of value shall be returned to the owner.
Any person found guilty of violating any provision of this chapter shall be fined not less than $250 nor more than $1,500 for each offense. In addition to any fine imposed under this chapter, the offender shall be ordered to pay all of the costs and fees incurred by the Village in prosecuting the violation, which shall include but not be limited to the costs associated with an administrative proceeding or court proceeding, and reasonable attorney's fees.