Mount Prospect, IL Public Conduct: Public Marijuana Use (2026)
Key Facts
- Governing section
- Village Code § 23.103(C)
- Public places covered
- Any public place, such as streets or parks; any motor vehicle
- Other banned settings
- School grounds, licensed child care residences, near minors under 21
- Private property
- Any person, business, or landlord can prohibit use
- Fine range
- $150.00 to $1,000.00 in Appendix A, Division III
- Underage permitting fine
- $250.00 for subsection F
Summary
Section 23.103(C) of the Mount Prospect Village Code makes it unlawful to use cannabis in any form in any public place, such as streets or parks, in any motor vehicle, on school grounds (medical users excepted), in licensed child care residences, and near minors under twenty-one or on-duty school bus drivers and public safety officers. Appendix A lists a fine range of $150.00 to $1,000.00 for the section.
C. Prohibited Use of Cannabis in Any Form. It shall be unlawful to use cannabis in any form in: 1. any public place, such as streets or parks; 2. in any motor vehicle; 3. on school grounds, with the exception of medical users; 4. a private residence that is used at any time to provide licensed child care; 5. close proximity to minors under twenty-one years of age; and 6. close proximity of an on-duty school bus driver, police officer, firefighter, or corrections officer . Any person, business, or landlord can prohibit use on private property. D. Any person who violates this section with respect to not more than thirty grams (30 g) of marijuana shall be fined as set forth in appendix A, division III of this Code. ... ... G. Any person violating any of the provisions of this chapter shall be punished by a fine as set forth in appendix A, division III of this code.
Full Breakdown
Section 23.103 is the Village of Mount Prospect's cannabis section. Subsection A defines cannabis to include marijuana, hashish and other substances identified as including any part of the plant Cannabis Sativa, with the seeds, resin and derivatives including tetrahydrocannabinol (THC), and it also means cannabis flower, concentrate and cannabis-infused products. Industrial hemp as defined under the Industrial Hemp Act is excluded.
Subsection C is the use ban. It is unlawful to use cannabis in any form in six settings: any public place, such as streets or parks; any motor vehicle; school grounds, with the exception of medical users; a private residence that is used at any time to provide licensed child care; close proximity to minors under twenty-one years of age; and close proximity of an on-duty school bus driver, police officer, firefighter or corrections officer. The subsection closes by stating that any person, business or landlord can prohibit use on private property.
Subsection B separately makes it unlawful to knowingly possess cannabis within the Village limits, except as permitted by the Compassionate Use of Medical Cannabis Program Act (410 ILCS 130/1 et seq.) or the Cannabis Regulation and Tax Act (410 ILCS 705/1-1, et seq.), and it states that the section does not limit enforcement of the Illinois Cannabis Control Act. Subsection D provides that a person who violates the section with respect to not more than thirty grams (30 g) of marijuana is fined as set out in Appendix A, Division III.
Subsections E and F target adults. Subsection E bars delivering any cannabis to an underage person. Subsection F bars knowingly permitting, or knowingly or negligently failing to prevent, underage consumption on premises under the person's control, and it presumes negligence for a person over twenty one (21) years of age who is in a residence where underage consumption is occurring, with the burden of proof on that person. The Village Board adopted the current text by Ord. 6541 on 11-17-2020.
Violations & Fines
Subsection G punishes any violation of the section by a fine set in Appendix A, Division III, which lists a fine of not less than $150.00 nor more than $1,000.00 for Section 23.103. The possession subsection is listed at $150.00, and permitting underage consumption under subsection F is listed at $250.00.
Frequently Asked Questions
Is it legal to smoke marijuana on a Mount Prospect street or in a park?
Can I use cannabis in my car in Mount Prospect?
Can a landlord ban cannabis use at a Mount Prospect rental?
What is the Village rule on giving cannabis to someone under 21?
Sources & Official References
Other rules in Mount Prospect
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