Elgin, IL Public Conduct: Public Marijuana Use (2026)

020 of the Elgin Municipal Code states that 'a person commits the offense of possession of cannabis by knowingly possessing thirty (30) grams or less of any substance containing cannabis unless permitted or authorized to do so' under the state's Cannabis Control Act, Cannabis Regulation and Tax Act, or Compassionate Use of Medical Cannabis Program Act. Because Illinois's adult-use cannabis law authorizes consumption chiefly on private property, a person smoking or otherwise consuming cannabis on a public street, sidewalk, or in a park falls outside that authorization and is subject to this local possession offense rather than the state's criminal possession statute.

030 sets a two-tier fine schedule based on quantity: for ten grams or less, the fine is not less than $75 for a first offense, $200 for a second, and $500 for a third or subsequent offense within a year; for amounts over ten and up to thirty grams, the fine rises to not less than $150, $300, and $750 respectively. Subsection C lets a court order up to fifty hours of community service or community restitution in addition to, or instead of, the fine.

Subsection D makes each day of a continuing violation a separate offense, and the underlying chapter, adopted by Ordinance No. G65-19 in 2019, incorporates the Cannabis Control Act's definitions.