HomeMy WebLinkAboutOrdinances - MC-10-1011 - 05/17/2010 - POSSESSION OF CANNABISORDINANCE NO. oxn-10-1011
An Ordinance Amending Section 14-75, Article IV, in Chapter 14, of the Municipal
Code, City of McHenry, and Adding Section 14-76, Possession of Cannabis
BE IT ORDAINED by the CITY COUNCIL of the CITY OF McHENRY, McHenry County,
Illinois, as follows:
SECTION 1: The introductory phase in Section 14-75(A), Definitions, in Article IV, Drug
Paraphernalia, in Chapter 14 of the Municipal Code, City of McHenry, shall be amended to read as
follows:
(A) Definition. The term "drug paraphernalia" means all equipment, products and materials ofany
kind which are used, intended for use or designed for use in planting, propagating, cultivating,
growing, harvesting, manufacturing, compounding, converting, producing, processing,
preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing,
injecting, ingesting, inhaling or otherwise introducing into the human body a controlled
substance as defined in 720 ILCS 600/2(d) and 720 ILCS 570/202, 204, 206, 208, 210 and
212, as amended. It includes, but is not limited to:
SECTION 2: The fine in Section 14-75(E) in Article IV, Drug Paraphernalia, in Chapter 14 of
the Municipal Code, City of McHenry, shall be changed to not less than $100 or more than $750.
SECTION 3: Section 14-76 in Article IV in Chapter 14 of the Municipal Code, City of
McHenry, shall read as follows:
Sec. 14-76 UNLAWFUL POSSESSION OF CANNABIS
(A) Definition. For purposes of this Section 14-76, cannabis is defined in 720 ILCS 550/3(a), as
amended. 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, salt,
derivative, mixture, or preparation of such plant, its seeds or resin, including
tetrahydrocannabinal (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; 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 there from), fiber, oil or cake, or sterilized seed of such plant which is incapable of
germination.
(B) A person commits unlawful possession of cannabis if he or she, while in the City, has in his or
her possession any substance containing cannabis.
(C) Whoever violates any provision of this Section shall be fined not less than $100 or more than
$750.
SECTION 4: If any section, paragraph, subdivision, clause, sentence or provision of this
Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall
not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and
continue in full force and effect.
SECTION 5 : All ordinances or parts of ordinances in conflict herewith are hereby repealed to
the extent of such conflict.
SECTION E: This Ordinance shall be in full force and effect upon its passage, approval and
publication in pamphlet form (which publication is hereby authorized) as provided by law.
Passed and approved this 1 7TH day of MAY , 2010.
Voting Aye: SANTI, GLAB, SCHAEFER, BLAKE, WIMMER, PETERSON, CONDON
Voting Nay: NONE
Not Voting: NONE
Absent: NONE
Abstain: NONE
APPROVED:
Mayor Susan E. Low
(SEAL)
ATTEST: \,\ � u,- L
ity Jerk J c C. Jones