[HISTORY: Adopted by the Board of Trustees of the Village of Dwight as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-25-2019 by Ord. No. 1431 (Ch. 17, Art. V, of the 1999 Code)]
The following words and phrases shall, for the purposes of this article, have the meanings respectively ascribed to them by this section as follows:
ADULT-USE CANNABIS BUSINESS ESTABLISHMENT
A cultivation center, craft grower, processing organization, infuser organization, dispensing organization or transporting organization.
ADULT-USE CANNABIS CRAFT GROWER
A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, dry, cure and package cannabis and perform other necessary activities to make cannabis available for sale at a dispensing organization or use at a processing organization, per the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time to time, and regulations promulgated thereunder.
ADULT-USE CANNABIS CULTIVATION CENTER
A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, process, transport and perform necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business establishments, per the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time to time, and regulations promulgated thereunder.
ADULT-USE CANNABIS DISPENSING ORGANIZATION
A facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to acquire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers, per the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time to time, and regulations promulgated thereunder.
ADULT-USE CANNABIS INFUSER ORGANIZATION or INFUSER
A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product, per the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time to time, and regulations promulgated thereunder.
ADULT-USE CANNABIS PROCESSING ORGANIZATION or PROCESSOR
A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product, per the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time to time, and regulations promulgated thereunder.
ADULT-USE CANNABIS TRANSPORTING ORGANIZATION or TRANSPORTER
An organization or business that is licensed by the Illinois Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or a community college licensed under the Community College Cannabis Vocational Training Pilot Program, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time to time, and regulations promulgated thereunder.
PERSON
Any person, firm, corporation, association, club, society or other organization, including any owner, manager, proprietor, employee, volunteer or agent.
The following adult-use cannabis business establishments are prohibited in the Village of Dwight. No person shall locate, operate, own, suffer, allow to be operated or aide, abet or assist in the operation within the Village of Dwight of any of the following:
A. 
Adult-Use Cannabis Craft Grower.
B. 
Adult-Use Cannabis Cultivation Center.
C. 
Adult-Use Cannabis Dispensing Organization.
D. 
Adult-Use Cannabis Infuser Organization or Infuser.
E. 
Adult-Use Cannabis Processing Organization or Processor.
F. 
Adult-Use Cannabis Transporting Organization or Transporter.
Operation of any prohibited cannabis business establishment within the Village in violation of the provisions of this article is hereby declared a public nuisance and shall be abated pursuant to all available remedies.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
Violations of this article may be enforced in accordance with the provisions of Chapter 1, Article III, of the Village Code.
[Adopted 9-26-2022 by Ord. No. 1484 (Ch. 17, Art. V, of the 1999 Code)]
As used in this article, the following terms shall have the meanings indicated:
CANNABIS
A. 
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. "Cannabis" also means concentrate and cannabis-infused products.
B. 
"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 that is incapable of germination. "Cannabis" does not include industrial hemp as defined and authorized under the Industrial Hemp Act.
ORDINARY PUBLIC VIEW
Within the sight line with normal visual range of a person, unassisted by visual aids, from a public street or sidewalk adjacent to real property, or from within an adjacent property.
PUBLIC PLACE
Any place where a person could reasonably be expected to be observed by others.
A. 
"Public place" includes all parts of buildings owned in whole or in part, or leased, by the state or a unit of local government as well as all areas in a park, recreation area, wildlife area, or playground owned in whole or in part, leased, or managed by a unit of local government.
B. 
"Public place" includes, but is not limited to, the grounds of any preschool, primary or secondary school, and school buses.
C. 
"Public place" includes any business establishment open to the public.
D. 
"Public place" does not include a private residence unless the private residence is used to provide licensed childcare, foster care, or other similar social service care on the premises.
Cannabis cultivation for personal use is prohibited unless an Illinois resident 21 years of age or older is a registered qualifying patient under the Compassionate Use of Medical Cannabis Program Act and follows the limitations under the Cannabis Regulation and Tax Act for personal use cultivation.
Cannabis plants shall not be stored or placed in a location where they are subject to ordinary public view, as defined in this article. A registered qualifying patient who cultivates cannabis under the Cannabis Regulation and Tax Act shall take reasonable precautions to ensure the plants are secure from unauthorized access, including unauthorized access by a person under 21 years of age.
A. 
Except if otherwise authorized by the Cannabis Regulation and Tax Act, for a person who is 21 years of age or older and a resident of this state, the possession limit is as follows:
(1) 
Thirty grams of cannabis flower;
(2) 
No more than 500 milligrams of THC contained in cannabis-infused product;
(3) 
Five grams of cannabis concentrate; and
(4) 
For registered qualifying patients, any cannabis produced by cannabis plants grown under the Cannabis Regulation and Tax Act, provided any amount of cannabis or its equivalent must remain secured within the residence or residential property in which it was grown.
B. 
For a person who is 21 years of age or older and who is not a resident of this state, the possession limit is:
(1) 
Fifteen grams of cannabis flower;
(2) 
Two-and-one-half grams of cannabis concentrate; and
(3) 
Two hundred fifty milligrams of THC contained in a cannabis-infused product.
C. 
The possession limits found in Subsections A and B of this section are to be considered cumulative.
D. 
No person shall knowingly obtain, seek to obtain, or possess an amount of cannabis from a dispensing organization or craft grower that would cause him or her to exceed the possession limit under this section, including cannabis that is cultivated by a person under the Cannabis Regulation and Tax Act or obtained under the Compassionate Use of Medical Cannabis Program Act.
E. 
No person shall possess cannabis in a motor vehicle unless the cannabis is in a reasonably secured, sealed container and reasonable inaccessible while the vehicle is moving.
Cannabis and cannabis product purchase or possession by any person under 21 years of age is prohibited, and no person under 21 years of age shall purchase, possess, or consume in any manner or form any cannabis product unless authorized under the Compassionate Use of Medical Cannabis Program Act or by the Community College Cannabis Vocational Pilot Program. No person shall assist or facilitate a person under 21 years of age from obtaining any cannabis product unless authorized under the Compassionate Use of Medical Cannabis Program Act or by the Community College Cannabis Vocational Pilot Program.
Any provision of this article in conflict with federal or state statutory enactments shall be subordinate to said enactments; all other provisions of this article being severable and remain valid.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
Any person, firm, or corporation violating any provision of this article shall be fined as designated in Chapter 1, Article III, of the Village Code for each offense.