Chicago Police DepartmentSpecial Order S04-26-12
Alternative Cannabis Enforcement Program
Issue Date:05 June 2013Effective Date:05 June 2013
Rescinds:22 August 2012 Version
Index Category:Preliminary Investigations
I.Purpose
This directive:
  • A.continues the:
    • 1.Alternative Cannabis Enforcement Program allowing Department members to cite persons found in possession of small amounts of cannabis with an Administrative Notice of Ordinance Violation (ANOV) rather than a physical arrest.
    • 2.inventory procedures in eTrack.
    • 3.use of the cannabis test kit for this program.
    • 4.Cannabis Field Test Affidavit (CPD-12.125).
    • 5.Notification to ANOV Respondent of Negative Cannabis Test (CPD-12.126).
  • B.discontinues the Possession of Cannabis (MCC 7-24-099) ANOV Mail-In Option (CPD-11.497-S).
II.General Information
  • A.The Municipal Code of Chicago (MCC) 7-24-099 "Possession of Cannabis" makes it an ordinance violation for any person to possess up to 15 grams of any substance containing cannabis.
  • B.Only members trained and certified in how to use the cannabis test kit (Duquenois-Levine Reagent System #908) will conduct a cannabis test.
  • C.The cannabis test kits will be maintained by district desk personnel and issued only when a test needs to be conducted for an ANOV citation issued for MCC 7-24-099(a).
  • D.The cannabis and cannabis test kits inventoried under this program will be sent to the Evidence and Recovered Property Section (ERPS). The inventoried cannabis will not be sent to the Illinois State Police Forensic Science Center at Chicago (ISP-FSC-C) for testing.
  • E.A case report to document the incident is not required when issuing an ANOV for MCC 7-24-099(a) "Possession of Cannabis" under this program.
III.Policy
  • A.Department members will issue an ANOV citation for subjects in violation of MCC 7-24-099(a) "Possession of Cannabis" when either:
    • 1.the "Possession of Cannabis" violation is the only charge placed against the subject, or
    • 2.the subject is concurrently charged with another ANOV offense, in addition to the "Possession of Cannabis" charge.
  • B.When an arrestee will be charged with a Possession of Cannabis offense on an Arrest Report, Department members will not use the MCC 7-24-099(a) charge or conduct a cannabis test. When completing an Arrest Report, Department members will:
    • 1.use the appropriate ILCS Possession of Cannabis charge.
    • 2.follow the procedures outlined in the Department directive entitled "Processing Narcotics Cases" including sending the suspect cannabis to be analyzed by the ISP-FSC-C via the Forensic Services Division.
  • C.Department members will not make a physical arrest or use an Illinois Compiled Statutes (ILCS) charge for possession of up to 15 grams of cannabis, unless aggravating factors are present, the violator is ineligible for an ANOV citation, or extenuating circumstances exist.
    NOTE:
    If aggravating factors are present and the subject is not issued an ANOV citation but is taken into custody for possession of up to 15 grams of cannabis, the arresting officer will be prompted and required to indicate the aggravating factors on the Arrest Report.
  • D.The following subjects are not eligible for this program and must be placed under arrest and charged accordingly:
    • 1.Subjects in the act of smoking cannabis.
    • 2.Subjects under the influence of cannabis and in control of a motor vehicle.
      NOTE:
      Department members will follow procedures consistent with the Department directive entitled “Driving While Under the Influence—Implied Consent.”
    • 3.Subjects in a school or on school grounds or property.
    • 4.Subjects in a public park, playground, beach, or all other publicly accessible property under Chicago Park District control.
    • 5.Subjects found violating the ordinance during the execution of a search warrant.
    • 6.Evidence suggests the subject is in possession of cannabis with the intent to deliver. (720 ILCS 550.0 - Cannabis Control Act)
    • 7.Subjects who do not qualify for an ANOV based on the restrictions outlined in the Department directive entitled "Exemptions and Restrictions for Issuing ANOV Citations."
IV.Enforcement Procedures
  • A.When a subject is found in violation of MCC 7-24-099(a) "Possession of Cannabis" and meets the criteria outlined in this directive and those outlined in the Department directive titled "Municipal Administrative Hearings," the charging member will:
    • 1.not take the subject into a Department facility for processing.
      NOTE:
      If the subject was in a vehicle at the time of the violation, Department members will follow the procedures outlined in Item IV-B of this directive.
    • 2.complete and issue an ANOV citation at the scene consistent with the procedures outlined in the Department directive entitled “Municipal Administrative Hearings" and:
      • a.ensure all of the respondent's demographics are accurately recorded on the ANOV citation including full name (with middle initial, if applicable), address (with apartment number, if applicable), phone number, identification type/number, date of birth, and physical description.
        NOTE:
        When completing the physical description portion of the ANOV citation, Department members will indicate "Race" by using the Department's numeric code race classifications.
      • b.in the “STEP 1” field of the ANOV citation, the issuing member will indicate the violation MCC 7-24-099(a) "Possession of Cannabis."
      • c.ensure that the "STEP 2 - Describe Action” section is completed with a detailed description of the offense committed and that the description accurately corresponds to the charge cited.
        NOTE:
        When enforcing MCC 7-24-099(a) "Possession of Cannabis", the "Describe Action” section must include that the cannabis recovered was "less than 15 grams."
      • d.make the appropriate notifications when the respondent is a City of Chicago employee consistent with the Department directive entitled "City of Chicago Employee Arrest Notification."
    • 3.without undue delay after issuing the ANOV, take the recovered cannabis into the appropriate district station where the cannabis will be tested by a Department member trained and certified to conduct the test.
      • a.The Department member trained and certified to conduct the test will:
        • (1)request a cannabis test kit from the district of occurrence station supervisor or desk personnel.
        • (2)conduct the cannabis test following the training provided and the written instructions.
        • (3)complete a Cannabis Field Test Affidavit (CPD-12.125), indicating a positive or negative result, and submit the affidavit to the charging member.
      • b.If the cannabis test result is positive, the charging member will:
        • (1)inventory the cannabis, cannabis test kit, and the Inventory Copy (yellow) of the completed Cannabis Field Test Affidavit together in one Evidence Bag (green) (CPD-11.511) ensuring the test kit is packaged securely and:
          • (a)use the issued ANOV citation number in the "Incident Type" field.
          • (b)select "Cannabis Test Kit - Positive" for the "Item Type" in eTrack for the cannabis test kit, indicating a positive test result.
          • (c)select "Other" for the "Item Type" in eTrack for both the remaining cannabis and affidavit.
          • (d)indicate the 7-24-099(a) "Possession of Cannabis" charge.
          • (e)document the respondent's name and demographics in the "Recovered From" fields.
          • (f)indicate that the inventory will be held as evidence until disposition of the case.
        • (2)record the inventory number in the "Inventory No" field of the ANOV citation.
      • c.If the cannabis test result is negative for cannabis, the charging officer will:
        • (1)inventory the the cannabis test kit and the Inventory Copy (yellow) of completed Cannabis Field Test Affidavit together in one Evidence - Property Envelope (blue) (CPD-34.559) ensuring the test kit is packaged securely and:
          • (a)use the issued ANOV citation number in the "Incident Type" field.
          • (b)select "Cannabis Test Kit - Negative" for the "Item Type" in eTrack for the cannabis test kit, indicating a negative test result.
          • (c)select "Other" for the "Item Type" in eTrack for the affidavit.
          • (d)indicate that the inventory will be disposed of by the ERPS custodian.
        • (2)inventory the remaining unknown substance separately in one Evidence - Property Envelope (blue) (CPD-34.559) and:
          • (a)select "Other" for the "Item Type" in eTrack for the remaining unknown substance.
          • (b)indicate in the inventory that the substance will be returned to owner.
          • (c)document the subject's name and demographics in the "Recovered From" fields.
        • (3)complete a Notification to ANOV Respondent of Negative Cannabis Test (CPD-12.126) and:
          • (a)insert the notification and the "Citizen Copy" of the inventory for the substance into a Department mailing envelope,
          • (b)address the envelope using the respondent's information listed on the ANOV citation, and
          • (c)forward the notification, the "Citizen Copy" of the inventory, and addressed envelope to the Police Document Section who will send the submitted information to the respondent via US Mail.
        • (4)cancel the ANOV citation consistent with the cancellation procedures outlined in the Department directive entitled "Municipal Administrative Hearings."
    • 4.ensure the original Cannabis Field Test Affidavit (white) and the "Court Copy" of the inventory are attached to the "Department of Administrative Hearings" Copy of the ANOV citation.
      NOTE:
      To facilitate the computer processing of the citation, members will not use a staple to attach items to the ANOV citation. A paperclip will be used.
    • 5.compile and submit all pertinent documents, including but not limited to the ANOV, affidavit, and inventory to the appropriate supervisor of the unit of assignment or detail.
  • B.If the subject is eligible to receive an ANOV citation for MCC 7-24-099(a) "Possession of Cannabis" and was in a vehicle at the time of the violation, the charging officer will transport the subject to the appropriate district station where the cannabis will be tested by a member trained and certified to conduct the test.
    • 1.The Department member conducting the field test will follow the procedures outlined in Item IV-A-3-a.
    • 2.If the cannabis test result is positive, the charging member will:
      • a.follow the procedures outlined in Item IV-A-2 of this directive relative to completing an ANOV citation.
      • b.inventory the cannabis, cannabis test kit, and the Inventory Copy (yellow) of completed Cannabis Field Test Affidavit together in one Evidence Bag (green) (CPD-11.511) ensuring the test kit is packaged securely and:
        • (1)use the issued ANOV citation number in the "Incident Type" field.
        • (2)select "Cannabis Test Kit - Positive" for the "Item Type" in eTrack for the cannabis test kit, indicating a positive test result.
        • (3)select "Other" for the "Item Type" in eTrack for both the remaining cannabis and affidavit.
        • (4)indicate the 7-24-099(a) "Possession of Cannabis" charge.
        • (5)document the respondent's name and demographics in the "Recovered From" fields.
        • (6)indicate that the inventory will be held as evidence until disposition of the case.
      • c.record the inventory number in the "Inventory No" field of the ANOV citation.
      • d.secure and impound the vehicle consistent with the Department directive titled "Impoundment of Vehicles for Municipal Code Violations," checking the violation "Unlawful Drugs (Any Amount)." Department members will include the following documents in the Vehicle Impoundment Document Files submitted to the Department of Streets and Sanitation - Traffic Services:
        • (1)A photocopy of the ANOV citation.
        • (2)The Vehicle Impoundment File copy (Pink) of the completed Cannabis Field Test Affidavit
        • (3)A "Court Copy" of the inventory.
      • e.ensure the original Cannabis Field Test Affidavit (white) and the "Court Copy" of the inventory are attached to the "Department of Administrative Hearings" Copy of the ANOV citation.
        NOTE:
        To facilitate the computer processing of the citation, members will not use a staple to attach items to the ANOV citation. A paperclip will be used.
    • 3.If the cannabis test result is negative for cannabis, the charging officer will:
      • a.follow all of the relative procedures if any other charge is appropriate. If no charge is appropriate, the member will complete an Automated Arrest Report documenting the incident, indicating the negative cannabis test result, and forward the report to the station supervisor requesting the subject be released without charging.
      • b.upon approval of the station supervisor, the subject and vehicle will be released and the remaining suspect substance will be returned to the subject.
      • c.forward the original completed Cannabis Field Test Affidavit (white) to the Records Division to be include with the arrest report file.
      • d.inventory the cannabis test kit and the Inventory Copy (yellow) of the completed Cannabis Field Test Affidavit together in one Evidence - Property Envelope (blue) (CPD-34.559) ensuring the test kit is packaged securely and:
        • (1)use the Automated Arrest Report "Tracking Number" as the "Central Booking Number" in the "Incident Type" field.
        • (2)select "Cannabis Test Kit - Negative" for the "Item Type" in eTrack for the cannabis test kit, indicating a negative test result.
        • (3)select "Other" for the "Item Type" in eTrack for the affidavit.
        • (4)indicate that the inventory will be disposed of by the ERPS custodian.
    • 4.compile and submit all related documents, including but not limited to the ANOV, affidavit, inventory, and vehicle impoundment, to the appropriate supervisor of the unit of assignment or detail.
  • C.If the subject is not eligible to receive an ANOV citation, members will follow existing Department directives regarding the processing of persons and property.
V.Enforcement of Failure to Appear, MCC 1-4-145
Department members placing a subject into custody for the charge of Failure to Appear, MCC 1-4-145, based on a Hot Desk alert of "ORDINANCE VIOLATION - PLACE INTO CUSTODY" will follow the procedures outlined in the Department directive entitled "ANOV Defaults and Failure to Appear."
VI.Responsibilities
  • A.District station supervisors will ensure:
    • 1.an adequate supply of cannabis test kits are available for use.
    • 2.documentation is submitted for each test issued.
    • 3.only members trained and certified in the proper procedures for testing are provided with cannabis test kits.
    • 4.a Notification to ANOV Respondent of Negative Cannabis Test (CPD-12.126) is completed and forwarded to the respondent when a cannabis test reveals a negative result.
    • 5.inventory procedures are conducted consistent with this and other relevant Department directives, including "Processing Narcotics Cases" and "Inventory System for Property Taken Into Custody."
      • a.Inventories that include positive cannabis tests kits and cannabis will be placed in the narcotics safe. These inventories will be listed on a separate property manifest from other narcotics and will indicate a destination of "167N - ERPS - VAULT D /NARCOTICS."
      • b.Inventories that include negative cannabis tests kits or the remaining unknown substance will be secured with other inventoried property. These inventories will be listed on a property manifest with other property destined for ERPS.
    • 6.subjects who are transported into the district station pursuant to the procedures outlined in Item IV-B and the subsequent cannabis test reveals a negative result are Released Without Charging (RWOC) consistent with the procedures outlined in the Department directive entitled "Processing Persons under Department Control."
  • B.District executive officers will ensure:
    • 1.sworn members under their command are trained in this policy and certified in the cannabis testing procedures.
    • 2.all completed and cancelled ANOVs are processed consistent with the Department directive entitled "Municipal Administrative Hearings."
  • C.Director, Records Division, will ensure forwarded original Cannabis Field Test Affidavits (white), for negative cannabis tests, are included with the appropriate arrest report file.
  • D.The commanding officer, Equipment and Supply Section, will ensure an adequate supply of cannabis test kits are available for use by sworn Department members.
  • E.The commanding officer, ERPS, will ensure items inventoried under this program are processed according to the procedures outlined in this directive and the Department directive entitled "Inventory System for Property Taken Into Custody."
Authenticated by: JKH
Garry F. McCarthy
Superintendent of Police
13-013 MWK