ACTION REQUESTED:
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Communication from the City Manager and the Corporation Counsel with a Request to ADOPT an ORDINANCE Amending Chapter 20 of the CODE of the City of Peoria by Deleting Section 20-112 Pertaining to POSSESSION OF CANNABIS OR DRUG PARAPHERNALIA
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BACKGROUND: On August 1, 2013, the State of Illinois enacted Public Act 98-0122, the Compassionate Use of Medical Cannabis Pilot Program Act, allowing persons diagnosed with certain qualifying medical conditions to register with the Illinois Department of Public Health to obtain access to cannabis for medical use.
On July 29, 2016, the State of Illinois adopted Public Act 99-0697, amending the Cannabis Control Act, 720 ILCS 550/1 et. seq. and the Drug Paraphernalia Control Act, 720 ILCS 600/1 et. seq., effectively making possession of cannabis of less than 10 grams and the possession of drug paraphernalia seized relating to an offense of possession of cannabis less than 10 grams, a civil law violation with a fine only penalty.
Prior to July 29, 2016, except for those duly registered with the Illinois Department of Public Health under the Compassionate use of Medical Cannabis Pilot Program Act, possession of up to 10 grams of cannabis was a Class B misdemeanor that was punishable by up to six months in jail and fines up to $1,500 and possession of drug paraphernalia was a Class A misdemeanor punishable by up to one year of imprisonment and a fine between $750 and $2500; and
In response to Public Act 99-0697 the City of Peoria utilized its home-rule and statutory authority to adopt Ordinance No. 17,463, which provided an administrative adjudication system for the prosecution of certain ordinance violations. Ordinance No. 17,463 created Section 20-112 (Possession of cannabis or drug paraphernalia) of the Code of the City of Peoria for the administrative adjudication of possession of cannabis of less than ten (10) grams of cannabis and the possession of drug paraphernalia seized relating to that offense.
As of January 1, 2020, Public Act 100-0027 (Cannabis Regulation and Tax Act) will allow adults over the age of 21 to possess up to 30 grams of cannabis if they are Illinois residents and 15 grams of cannabis for non-residents. In effect, public Act 100-0027 will render Section 20-112 of the Code of the City of Peoria null and void for possession of cannabis for adults over the age of 21. As of January 1, 2020, the City would only be able to pursue violations of 20-112 against individuals between the ages of 18 and 21. It is not economically or logistically viable to run an administrative adjudication system for tickets limits to one code section for individuals between the ages of 18 and 21.
There is nothing about the repeal of Ordinance No. 17, 463 that would prevent the Peoria Police Department from issuing citations under the Illinois Compiled Statutes for anyone violating the Cannabis Control Act, 720 ILCS 550/1 et. seq. or the Drug Paraphernalia Control Act, 720 ILCS 600/1 et. seq.
FINANCIAL IMPACT: Neutral. Revenues from the existing administrative adjudication process generally break even with the cost of running the adjudication.
NEIGHBORHOOD CONCERNS: Not applicable. All matters can still be addressed through the issuance of tickets under Illinois Compiled Statutes.
IMPACT IF APPROVED: Eliminate the need for administrative adjudication process for cannabis possession citations.
IMPACT IF DENIED: Require the administrative adjudication process to continue for cannabis possession citations but will be limited to those between the ages of 18-21.
ALTERNATIVES: Not applicable.
EEO CERTIFICATION NUMBER: Not applicable.
WHICH OF THE GOALS IDENTIFIED IN THE COUNCIL’S 2017 - 2032 STRATEGIC PLAN DOES THIS RECOMMENDATION ADVANCE?
1. Financially Sound City Government, Effective City Organization
WHICH CRITICAL SUCCESS FACTOR(S) FROM THE COMPREHENSIVE PLAN DOES THIS RECOMMENDATION IMPLEMENT?
1. Have an efficient government.
DEPARTMENT: Legal