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Home My WebLink About7.1 1st Reading of an Ordinance Amending Chapter 23 and Appendix A, Division III of the Village Code7/18/2017 Board Docs® Pro IN Agenda Item Details Meeting Jul 18, 2017 - REGULAR MEETING OF THE MOUNT PROSPECT VILLAGE BOARD - 7:00 p.m. Category 7. NEW BUSINESS Subject 7.1 1st reading of an ORDINANCE AMENDNG CHAPTER 23 "OFFENSES AND MISCELLANEOUS REGULATIONS" AND APPENDIX A, DIVISION III OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS Type Action Preferred Date Jul 18, 2017 Absolute Date Jul 18, 2017 Fiscal Impact No Budgeted No Recommended Approve ordinance amending the Village Code redefining the offense of unlawful possession of Action cannabis as any amount not more than 30 grams. Information In 2016, Senate Bill 2228 amended the Cannabis Control Act, which had immediate implication for law enforcement in Illinois. The statuary level for Possession of Cannabis in the State of Illinois is as follows: • Possession of 10 to 30 grams of cannabis was reduced from the previous Class A misdemeanor to a Class B misdemeanor. • Possession of 2.5 to 10 grams or less of cannabis was reduced from a Class B misdemeanor to civil law offense punishable only by fine. • Possession of less than 2.5 grams of cannabis was reduced from a Class C misdemeanor to civil law offense punishable only by a fine. To further complicate this matter, the Cook County State's Attorney's Office changed their prosecution policy referencing cannabis offenses charged under the State statute. The policy decision states the Office will not proceed with misdemeanor charges for the possession of less than 30 grams of cannabis for individuals with fewer than three arrests or municipal citations for similar charges. To address the change in charging classifications for possession of less than 10 grams of cannabis (marijuana), the Mount Prospect Police Department joined other Cook County police agencies in adopting the County's Civil Law Citation to charge persons in possession of less than 10 grams of cannabis (marijuana). Chapter 23, Section 103, Offenses and Miscellaneous Regulations, of the Mount Prospect Village Code currently authorizes police officers to charge an individual with the offense of unlawfully possession cannabis (marijuana) with a weight of less than 10 grams. To remedy the gap in the ability created by the Cook County State's Attorney's prosecution policy to not charge persons possession less than 30 grams of cannabis (marijuana), and provide the Village with the ability to prosecute cannabis possession between 10-30 grams, staff recommends amending the Village Code to redefining the offense of unlawful possession of marijuana as any amount not more than 30 grams. Persons who violate this section would be guilty of a fine not less than $150 nor more than $1,000 as already delineated in the fine schedule located in Village Code Appendices in Division III. Alternatives 1. Approve an amendment to Chapter 23, Section 103 of the Village Code redefining the offense of unlawful possession of marijuana as any amount not more than 30 grams. 2. Action at discretion of Village Board. http://www.boarddocs.com/il/vomp/Board.nsf/Public 1/2 7/18/2017 Board Docs® Pro Staff Recommendation Staff recommends amending the Village Code to redefine the offense of unlawful possession of marijuana as any amount not more than 30 grams. 06-28-2017 Ordinance re Cannabis citations.pdf (35 KB) http://www.boarddocs.com/il/vomp/Board.nsf/Public 2/2 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTERS 23 "OFFENSES AND MISCELLANEOUS REGULATIONS" AND APPENDIX A, DIVISION III OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS WHEREAS, the Village of Mount Prospect is a home rule municipality as defined by Article VII, § 6 of the Illinois Constitution of 1970; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect desire to make certain amendments to the Village Code of Mount Prospect as set forth below; and WHEREAS, pursuant to the authority granted under the Illinois Municipal Code and in accordance with home rule authority granted to home rule municipalities, the President and Board of Trustees of the Village of Mount Prospect approve the amendments as set forth below. BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION 1: Section 23.103 "Marijuana," to Article I, "General Offenses" of Chapter 23, "Offenses and Miscellaneous Regulations" of the Mount Prospect Village Code shall be amended to read in its entirety as follows: 23.103: MARIjU N CANNABIS: A. For purposes of this section, the term "cannabis" shall include marijuana, hashish, and other substances which are identified as including any part of the 372034_1 r _ Emil' A. For purposes of this section, the term "cannabis" shall include marijuana, hashish, and other substances which are identified as including any part of the 372034_1 plant Cannabis Sativa, whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and any compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds or resin, including tetrahydrocannabinol (THC) 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. However, this term 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 cake; or the sterilized seed of such plant which is incapable of germination. B. It shall be unlawful for any person to knowingly possess cannabis within the limits of the Village. This section shall not be construed as conflicting with or limiting enforcement of the Illinois Cannabis Control Act, 720 ILCS 550/1 et seq. as amended from time to time. C. This section shall not be applicable to any individual who legally possesses any substance containing cannabis, as a medical cannabis cardholder, cultivator or dispenser, as defined by the Compassionate Use of Medical Cannabis Pilot Program Act, 410 ILCS 130/1 et seq. -13D. Any person who violates this section with respect to not more than te+Rthi y grams (4-930 g) of marijuana shall be fined as set forth in appendix A, division III of this code. SECTION 2: Section 23.103 "Penalties (Marijuana)," of Chapter 23, "Offenses and Miscellaneous Regulations" in Appendix A, Division III, "Penalties and Fines" of the Mount Prospect Village Code shall be amended to read in its entirety as follows Section 23.103: MART iii N CANNABIS: Fine: Not less than $150.00 nor more than $1,000.00. This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: 372034_1 ABSENT: PASSED AND APPROVED this day of , 2017 Arlene A. Juracek, Village President ATTEST: Karen M. Agoranos, Village Clerk 372034_1