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Illinois House Bill HB1499

Illinois 2023-2024 Regular Session

Illinois House Bill HB1499 Compare Versions

Only one version of the bill is available at this time.
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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1499 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED: New Act410 ILCS 82/35410 ILCS 705/10-25410 ILCS 705/10-35410 ILCS 705/55-25 Creates the Local Cannabis Licensing Act. Provides that a county or municipality may issue licenses for temporary events, cannabis clubs, and cannabis tours that will allow for the sale and consumption of cannabis or cannabis-infused products and for the sale of cannabis paraphernalia at such temporary events, clubs, or tours. Allows tours of cannabis craft grower or cultivation center facilities. Requires ordinances with specified requirements for such temporary events, cannabis clubs, and cannabis tours before any licenses are issued. Limits home rule powers. Makes conforming changes in the Cannabis Regulation and Tax Act and Smoke Free Illinois Act. Effective immediately. LRB103 05063 CPF 50077 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1499 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED: New Act410 ILCS 82/35410 ILCS 705/10-25410 ILCS 705/10-35410 ILCS 705/55-25 New Act 410 ILCS 82/35 410 ILCS 705/10-25 410 ILCS 705/10-35 410 ILCS 705/55-25 Creates the Local Cannabis Licensing Act. Provides that a county or municipality may issue licenses for temporary events, cannabis clubs, and cannabis tours that will allow for the sale and consumption of cannabis or cannabis-infused products and for the sale of cannabis paraphernalia at such temporary events, clubs, or tours. Allows tours of cannabis craft grower or cultivation center facilities. Requires ordinances with specified requirements for such temporary events, cannabis clubs, and cannabis tours before any licenses are issued. Limits home rule powers. Makes conforming changes in the Cannabis Regulation and Tax Act and Smoke Free Illinois Act. Effective immediately. LRB103 05063 CPF 50077 b LRB103 05063 CPF 50077 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1499 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED:
33 New Act410 ILCS 82/35410 ILCS 705/10-25410 ILCS 705/10-35410 ILCS 705/55-25 New Act 410 ILCS 82/35 410 ILCS 705/10-25 410 ILCS 705/10-35 410 ILCS 705/55-25
44 New Act
55 410 ILCS 82/35
66 410 ILCS 705/10-25
77 410 ILCS 705/10-35
88 410 ILCS 705/55-25
99 Creates the Local Cannabis Licensing Act. Provides that a county or municipality may issue licenses for temporary events, cannabis clubs, and cannabis tours that will allow for the sale and consumption of cannabis or cannabis-infused products and for the sale of cannabis paraphernalia at such temporary events, clubs, or tours. Allows tours of cannabis craft grower or cultivation center facilities. Requires ordinances with specified requirements for such temporary events, cannabis clubs, and cannabis tours before any licenses are issued. Limits home rule powers. Makes conforming changes in the Cannabis Regulation and Tax Act and Smoke Free Illinois Act. Effective immediately.
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1515 1 AN ACT concerning local government.
1616 2 Be it enacted by the People of the State of Illinois,
1717 3 represented in the General Assembly:
1818 4 Section 1. Short title. This Act may be cited as the Local
1919 5 Cannabis Licensing Act.
2020 6 Section 5. Definitions. In this Act:
2121 7 "Cannabis" has the meaning given to that term in Section
2222 8 1-10 of the Cannabis Regulation and Tax Act.
2323 9 "Cannabis business establishment" has the meaning given to
2424 10 that term in Section 1-10 of the Cannabis Regulation and Tax
2525 11 Act.
2626 12 "Cannabis club" means a public or private restaurant, bar,
2727 13 or other business licensed under Section 15 that allows
2828 14 communal consumption of cannabis or cannabis-infused products
2929 15 on premises.
3030 16 "Cannabis-infused product" has the meaning given to that
3131 17 term in Section 1-10 of the Cannabis Regulation and Tax Act.
3232 18 "Cannabis paraphernalia" has the meaning given to that
3333 19 term in Section 1-10 of the Cannabis Regulation and Tax Act.
3434 20 "Craft grower" has the meaning given to that term in
3535 21 Section 1-10 of the Cannabis Regulation and Tax Act.
3636 22 "Cultivation center" has the meaning given to that term in
3737 23 Section 1-10 of the Cannabis Regulation and Tax Act.
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4141 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1499 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED:
4242 New Act410 ILCS 82/35410 ILCS 705/10-25410 ILCS 705/10-35410 ILCS 705/55-25 New Act 410 ILCS 82/35 410 ILCS 705/10-25 410 ILCS 705/10-35 410 ILCS 705/55-25
4343 New Act
4444 410 ILCS 82/35
4545 410 ILCS 705/10-25
4646 410 ILCS 705/10-35
4747 410 ILCS 705/55-25
4848 Creates the Local Cannabis Licensing Act. Provides that a county or municipality may issue licenses for temporary events, cannabis clubs, and cannabis tours that will allow for the sale and consumption of cannabis or cannabis-infused products and for the sale of cannabis paraphernalia at such temporary events, clubs, or tours. Allows tours of cannabis craft grower or cultivation center facilities. Requires ordinances with specified requirements for such temporary events, cannabis clubs, and cannabis tours before any licenses are issued. Limits home rule powers. Makes conforming changes in the Cannabis Regulation and Tax Act and Smoke Free Illinois Act. Effective immediately.
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5858 410 ILCS 82/35
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6161 410 ILCS 705/55-25
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8080 1 "Dispensing organization" has the meaning given to that
8181 2 term in Section 1-10 of the Cannabis Regulation and Tax Act.
8282 3 "Dispensing organization agent" has the meaning given to
8383 4 that term in Section 1-10 of the Cannabis Regulation and Tax
8484 5 Act.
8585 6 "Governmental unit" means a county or municipality.
8686 7 Section 10. Temporary event licenses.
8787 8 (a) The consumption and sale of cannabis, cannabis-infused
8888 9 products, or cannabis paraphernalia at a temporary event is
8989 10 subject to regulation by a municipality for events within the
9090 11 municipality and by a county for events outside of a
9191 12 municipality.
9292 13 (b) A person conducting a temporary event for the
9393 14 consumption and sale of cannabis, cannabis-infused products,
9494 15 or cannabis paraphernalia must hold a temporary event license
9595 16 issued by the governmental unit for the premises at which the
9696 17 temporary event is conducted.
9797 18 (c) An applicant for a temporary event license under this
9898 19 Section must:
9999 20 (1) apply for the license in the manner required by
100100 21 ordinance of the governmental unit;
101101 22 (2) provide proof that the applicant is 21 years of
102102 23 age or older; and
103103 24 (3) submit a plan to the governmental unit, in a form
104104 25 and manner prescribed by the governmental unit, detailing
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115115 1 how persons under 21 years of age will be prevented from
116116 2 gaining access to the premises at which the temporary
117117 3 event is to be conducted.
118118 4 (d) The premises at which an applicant intends to conduct
119119 5 a temporary event may not be located:
120120 6 (1) in an area that is zoned exclusively for
121121 7 residential use; or
122122 8 (2) within 1,000 feet of a public or private
123123 9 elementary or secondary school.
124124 10 (e) An applicant for a temporary event license under this
125125 11 Section and the premises at which the temporary event is to be
126126 12 conducted must meet the requirements of any ordinance adopted
127127 13 by the governmental unit under this subsection.
128128 14 (1) Before a governmental unit may issue any temporary
129129 15 event license under this Section, the governmental unit
130130 16 must adopt an ordinance that includes all of the
131131 17 following:
132132 18 (A) Application and licensure fees for a license
133133 19 issued under this Section.
134134 20 (B) The maximum term of a license issued under
135135 21 this Section.
136136 22 (C) A prohibition on licenses issued under this
137137 23 Section from being continuously issued for a single
138138 24 location.
139139 25 (D) A requirement that cannabis sold on a premises
140140 26 for which a license has been issued under this Section
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151151 1 will be sold by a cannabis business establishment.
152152 2 (E) Allows the consumption of cannabis or
153153 3 cannabis-infused products in designated areas of a
154154 4 premises for which a license has been issued under
155155 5 this Section.
156156 6 (F) A requirement that each enclosed portion of a
157157 7 premises for which a license has been issued under
158158 8 this Section where cannabis or cannabis-infused
159159 9 products are smoked, aerosolized, or vaporized must
160160 10 have a ventilation system that:
161161 11 (i) exhausts smoke, aerosols, and vapors from
162162 12 that portion of the premises; and
163163 13 (ii) is designed and terminated in accordance
164164 14 with building code standards for the applicable
165165 15 occupancy classification.
166166 16 (G) A requirement that a premises for which a
167167 17 license has been issued under this Section must meet
168168 18 any public health and safety standards and industry
169169 19 best practices established by the governmental unit by
170170 20 rule or ordinance.
171171 21 (H) A requirement that a licensee under this
172172 22 Section meet the definition of a Social Equity
173173 23 Applicant under the Cannabis Regulation and Tax Act.
174174 24 (2) The governmental unit may not adopt an ordinance
175175 25 or rule that:
176176 26 (A) prohibits a person who holds a license issued
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187187 1 under this Section from adopting policies that allow
188188 2 persons attending the temporary event to bring
189189 3 cannabis, cannabis-infused products, or cannabis
190190 4 paraphernalia into the temporary event; or
191191 5 (B) imposes public health or safety standards on
192192 6 temporary events if those standards serve no purpose
193193 7 other than deterring the consumption of cannabis or
194194 8 cannabis-infused products at a temporary event.
195195 9 (f) License fees assessed under this Section must be
196196 10 reasonably related to the cost of inspecting and regulating
197197 11 the temporary event.
198198 12 Section 15. Cannabis clubs.
199199 13 (a) The consumption of cannabis or cannabis-infused
200200 14 products at a cannabis club is subject to regulation by a
201201 15 municipality for cannabis clubs within the municipality and by
202202 16 a county for cannabis clubs outside of a municipality.
203203 17 (b) A person operating a cannabis club must hold a
204204 18 cannabis club license issued by the governmental unit for the
205205 19 premises at which the consumption occurs.
206206 20 (c) An applicant for a cannabis club license under this
207207 21 Section must:
208208 22 (1) apply for the license in the manner required by
209209 23 ordinance of the governmental unit; and
210210 24 (2) provide proof that the applicant is 21 years of
211211 25 age or older.
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222222 1 (d) The premises at which an applicant intends to have a
223223 2 cannabis club may not be located:
224224 3 (1) in an area that is zoned exclusively for
225225 4 residential use; or
226226 5 (2) within 1,000 feet of a public or private
227227 6 elementary or secondary school.
228228 7 (e)(1) An applicant for a cannabis club license under this
229229 8 Section and the premises at which the cannabis club is to be
230230 9 located must meet the requirements of any ordinance adopted by
231231 10 the governmental unit under this subsection. The ordinance
232232 11 must include all of the following:
233233 12 (A) A requirement that a person who holds a license
234234 13 must renew the license annually.
235235 14 (B) Fees for the application, licensure, and renewal
236236 15 of licensure for a license under this Section.
237237 16 (C) A restriction on the consumption of cannabis or
238238 17 cannabis-infused products to designated enclosed areas of
239239 18 a premises for which a license has been issued under this
240240 19 Section.
241241 20 (D) A prohibition on the production, propagation, and
242242 21 processing of cannabis, cannabis-infused products, or
243243 22 cannabis paraphernalia on a premises for which a license
244244 23 has been issued under this Section.
245245 24 (E) A requirement that cannabis, cannabis-infused
246246 25 products, or cannabis paraphernalia sold on a premises for
247247 26 which a license has been issued under this Section shall
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258258 1 be sold by a dispensing organization.
259259 2 (F) A requirement that each enclosed portion of a
260260 3 premises for which a license has been issued under this
261261 4 Section where cannabis or cannabis-infused products are
262262 5 smoked, aerosolized, or vaporized must have a ventilation
263263 6 system that:
264264 7 (i) exhausts smoke, aerosols, and vapors from that
265265 8 portion of the premises; and
266266 9 (ii) is designed and terminated in accordance with
267267 10 building code standards for the applicable occupancy
268268 11 classification.
269269 12 (G) A requirement that a premises for which a license
270270 13 has been issued under this Section must meet any public
271271 14 health and safety standards and industry best practices
272272 15 established by the governmental unit by rule or ordinance.
273273 16 (H) A requirement that a licensee under this Section
274274 17 meet the definition of a Social Equity Applicant under the
275275 18 Cannabis Regulation and Tax Act.
276276 19 (2) The governmental unit may not adopt an ordinance or
277277 20 rule that:
278278 21 (A) prohibits a person who holds a license issued
279279 22 under this Section from adopting policies that allow
280280 23 persons present at the cannabis club to bring cannabis,
281281 24 cannabis-infused products, or cannabis paraphernalia into
282282 25 the cannabis club; or
283283 26 (B) imposes public health or safety standards on
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294294 1 cannabis clubs if those standards serve no purpose other
295295 2 than deterring the consumption of cannabis or
296296 3 cannabis-infused products at a cannabis club.
297297 4 (f) License fees assessed under this Section must be
298298 5 reasonably related to the cost of inspecting and regulating
299299 6 the cannabis club.
300300 7 (g) If any provision of this Section conflicts with
301301 8 paragraph (8) of Section 35 of the Smoke Free Illinois Act
302302 9 relating to a dispensing organization, the provisions of
303303 10 paragraph (8) of Section 35 of the Smoke Free Illinois Act
304304 11 prevail.
305305 12 Section 20. Cannabis tours.
306306 13 (a) A craft grower or cultivation center may offer tours
307307 14 to the public of its licensed facility if the craft grower or
308308 15 cultivation center meets the definition of a Social Equity
309309 16 Applicant under the Cannabis Regulation and Tax Act.
310310 17 (b) A tour may be offered only to persons who are 21 years
311311 18 of age or older.
312312 19 (c) A craft grower or cultivation center that offers tours
313313 20 under this Section may enter into a contract with a dispensing
314314 21 organization to allow a dispensing organization agent to sell
315315 22 cannabis, cannabis-infused products, or cannabis paraphernalia
316316 23 during the tour on the premises of the craft grower or
317317 24 cultivation center offering the tour.
318318 25 (d) The governmental unit may:
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329329 1 (1) require a craft grower or cultivation center to
330330 2 submit to the governmental unit, in a form and manner
331331 3 prescribed by the governmental unit, a plan that details
332332 4 how the craft grower or cultivation center will:
333333 5 (A) prevent persons who are under 21 years of age
334334 6 from entering the premises of the craft grower or
335335 7 cultivation center during a tour; and
336336 8 (B) ensure the health and safety of persons taking
337337 9 a tour; or
338338 10 (2) adopt ordinances or rules as necessary to carry
339339 11 out the provisions of this Section.
340340 12 Section 25. Home rule. A home rule unit may not regulate or
341341 13 license temporary events, cannabis clubs, or cannabis tours in
342342 14 a manner inconsistent with this Act. This Act is a limitation
343343 15 under subsection (i) of Section 6 of Article VII of the
344344 16 Illinois Constitution on the concurrent exercise by home rule
345345 17 units of powers and functions exercised by the State.
346346 18 Section 900. The Smoke Free Illinois Act is amended by
347347 19 changing Section 35 as follows:
348348 20 (410 ILCS 82/35)
349349 21 Sec. 35. Exemptions. Notwithstanding any other provision
350350 22 of this Act, smoking is allowed in the following areas:
351351 23 (1) Private residences or dwelling places, except when
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362362 1 used as a child care, adult day care, or healthcare
363363 2 facility or any other home-based business open to the
364364 3 public.
365365 4 (2) Retail tobacco stores as defined in Section 10 of
366366 5 this Act in operation prior to the effective date of this
367367 6 amendatory Act of the 95th General Assembly. The retail
368368 7 tobacco store shall annually file with the Department by
369369 8 January 31st an affidavit stating the percentage of its
370370 9 gross income during the prior calendar year that was
371371 10 derived from the sale of loose tobacco, plants, or herbs
372372 11 and cigars, cigarettes, pipes, or other smoking devices
373373 12 for smoking tobacco and related smoking accessories. Any
374374 13 retail tobacco store that begins operation after the
375375 14 effective date of this amendatory Act may only qualify for
376376 15 an exemption if located in a freestanding structure
377377 16 occupied solely by the business and smoke from the
378378 17 business does not migrate into an enclosed area where
379379 18 smoking is prohibited. A retail tobacco store may, with
380380 19 authorization or permission from a unit of local
381381 20 government, including a home rule unit, or any non-home
382382 21 rule county within the unincorporated territory of the
383383 22 county, allow the on-premises consumption of cannabis in a
384384 23 specially designated areas.
385385 24 (3) (Blank).
386386 25 (4) Hotel and motel sleeping rooms that are rented to
387387 26 guests and are designated as smoking rooms, provided that
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398398 1 all smoking rooms on the same floor must be contiguous and
399399 2 smoke from these rooms must not infiltrate into nonsmoking
400400 3 rooms or other areas where smoking is prohibited. Not more
401401 4 than 25% of the rooms rented to guests in a hotel or motel
402402 5 may be designated as rooms where smoking is allowed. The
403403 6 status of rooms as smoking or nonsmoking may not be
404404 7 changed, except to permanently add additional nonsmoking
405405 8 rooms.
406406 9 (5) Enclosed laboratories that are excluded from the
407407 10 definition of "place of employment" in Section 10 of this
408408 11 Act. Rulemaking authority to implement this amendatory Act
409409 12 of the 95th General Assembly, if any, is conditioned on
410410 13 the rules being adopted in accordance with all provisions
411411 14 of the Illinois Administrative Procedure Act and all rules
412412 15 and procedures of the Joint Committee on Administrative
413413 16 Rules; any purported rule not so adopted, for whatever
414414 17 reason, is unauthorized.
415415 18 (6) Common smoking rooms in long-term care facilities
416416 19 operated under the authority of the Illinois Department of
417417 20 Veterans' Affairs or licensed under the Nursing Home Care
418418 21 Act that are accessible only to residents who are smokers
419419 22 and have requested in writing to have access to the common
420420 23 smoking room where smoking is permitted and the smoke
421421 24 shall not infiltrate other areas of the long-term care
422422 25 facility. Rulemaking authority to implement this
423423 26 amendatory Act of the 95th General Assembly, if any, is
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434434 1 conditioned on the rules being adopted in accordance with
435435 2 all provisions of the Illinois Administrative Procedure
436436 3 Act and all rules and procedures of the Joint Committee on
437437 4 Administrative Rules; any purported rule not so adopted,
438438 5 for whatever reason, is unauthorized.
439439 6 (7) A convention hall of the Donald E. Stephens
440440 7 Convention Center where a meeting or trade show for
441441 8 manufacturers and suppliers of tobacco and tobacco
442442 9 products and accessories is being held, during the time
443443 10 the meeting or trade show is occurring, if the meeting or
444444 11 trade show:
445445 12 (i) is a trade-only event and not open to the
446446 13 public;
447447 14 (ii) is limited to attendees and exhibitors that
448448 15 are 21 years of age or older;
449449 16 (iii) is being produced or organized by a business
450450 17 relating to tobacco or a professional association for
451451 18 convenience stores; and
452452 19 (iv) involves the display of tobacco products.
453453 20 Smoking is not allowed in any public area outside of
454454 21 the hall designated for the meeting or trade show.
455455 22 This paragraph (7) is inoperative on and after October
456456 23 1, 2015.
457457 24 (8) A dispensing organization, as defined in the
458458 25 Cannabis Regulation and Tax Act, authorized or permitted
459459 26 by a unit local government to allow on-site consumption of
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470470 1 cannabis, if the establishment: (1) maintains a specially
471471 2 designated area or areas for the purpose of heating,
472472 3 burning, smoking, or lighting cannabis; (2) is limited to
473473 4 individuals 21 or older; and (3) maintains a locked door
474474 5 or barrier to any specially designated areas for the
475475 6 purpose of heating, burning, smoking or lighting cannabis.
476476 7 (9) Temporary events, cannabis clubs, or cannabis
477477 8 tours licensed under the Local Cannabis Licensing Act.
478478 9 (Source: P.A. 101-593, eff. 12-4-19.)
479479 10 Section 905. The Cannabis Regulation and Tax Act is
480480 11 amended by changing Sections 10-25, 10-35, and 55-25 as
481481 12 follows:
482482 13 (410 ILCS 705/10-25)
483483 14 Sec. 10-25. Immunities and presumptions related to the use
484484 15 of cannabis by purchasers.
485485 16 (a) A purchaser who is 21 years of age or older is not
486486 17 subject to arrest, prosecution, denial of any right or
487487 18 privilege, or other punishment including, but not limited to,
488488 19 any civil penalty or disciplinary action taken by an
489489 20 occupational or professional licensing board, based solely on
490490 21 the use of cannabis if (1) the purchaser possesses an amount of
491491 22 cannabis that does not exceed the possession limit under
492492 23 Section 10-10 and, if the purchaser is licensed, certified, or
493493 24 registered to practice any trade or profession under any Act
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504504 1 and (2) the use of cannabis does not impair that person when he
505505 2 or she is engaged in the practice of the profession for which
506506 3 he or she is licensed, certified, or registered.
507507 4 (b) A purchaser 21 years of age or older is not subject to
508508 5 arrest, prosecution, denial of any right or privilege, or
509509 6 other punishment, including, but not limited to, any civil
510510 7 penalty or disciplinary action taken by an occupational or
511511 8 professional licensing board, based solely for (i) selling
512512 9 cannabis paraphernalia if employed and licensed as a
513513 10 dispensing agent by a dispensing organization; (ii) being in
514514 11 the presence or vicinity of the use of cannabis or cannabis
515515 12 paraphernalia as allowed under this Act; or (iii) possessing
516516 13 cannabis paraphernalia.
517517 14 (c) Mere possession of, or application for, an agent
518518 15 identification card or license does not constitute probable
519519 16 cause or reasonable suspicion to believe that a crime has been
520520 17 committed, nor shall it be used as the sole basis to support
521521 18 the search of the person, property, or home of the person
522522 19 possessing or applying for the agent identification card. The
523523 20 possession of, or application for, an agent identification
524524 21 card does not preclude the existence of probable cause if
525525 22 probable cause exists based on other grounds.
526526 23 (c-5) Except as provided in Section 11-205.15 of the
527527 24 Illinois Vehicle Code, in any criminal proceeding no finding
528528 25 or determination of probable cause to believe a crime has been
529529 26 committed shall be based solely on evidence of the following
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540540 1 facts and circumstances, either individually or in combination
541541 2 with each other: (i) the odor of cannabis; (ii) the odor of
542542 3 burnt cannabis; (iii) the possession or the suspicion of
543543 4 possession of cannabis in an amount authorized under this Act;
544544 5 (iv) the possession of multiple containers of cannabis without
545545 6 evidence of cannabis in amounts in excess of those authorized
546546 7 under this Act; or (v) the presence of cash or currency in
547547 8 proximity to cannabis.
548548 9 (d) No person employed by the State of Illinois shall be
549549 10 subject to criminal or civil penalties for taking any action
550550 11 in good faith in reliance on this Act when acting within the
551551 12 scope of his or her employment. Representation and
552552 13 indemnification shall be provided to State employees as set
553553 14 forth in Section 2 of the State Employee Indemnification Act.
554554 15 (e) No law enforcement or correctional agency, nor any
555555 16 person employed by a law enforcement or correctional agency,
556556 17 shall be subject to criminal or civil liability, except for
557557 18 willful and wanton misconduct, as a result of taking any
558558 19 action within the scope of the official duties of the agency or
559559 20 person to prohibit or prevent the possession or use of
560560 21 cannabis by a person incarcerated at a correctional facility,
561561 22 jail, or municipal lockup facility, on parole or mandatory
562562 23 supervised release, or otherwise under the lawful jurisdiction
563563 24 of the agency or person.
564564 25 (f) For purposes of receiving medical care, including
565565 26 organ transplants, a person's use of cannabis under this Act
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576576 1 does not constitute the use of an illicit substance or
577577 2 otherwise disqualify a person from medical care.
578578 3 (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
579579 4 (410 ILCS 705/10-35)
580580 5 Sec. 10-35. Limitations and penalties.
581581 6 (a) This Act does not permit any person to engage in, and
582582 7 does not prevent the imposition of any civil, criminal, or
583583 8 other penalties for engaging in, any of the following conduct:
584584 9 (1) undertaking any task under the influence of
585585 10 cannabis when doing so would constitute negligence,
586586 11 professional malpractice, or professional misconduct;
587587 12 (2) possessing cannabis:
588588 13 (A) in a school bus, unless permitted for a
589589 14 qualifying patient or caregiver pursuant to the
590590 15 Compassionate Use of Medical Cannabis Program Act;
591591 16 (B) on the grounds of any preschool or primary or
592592 17 secondary school, unless permitted for a qualifying
593593 18 patient or caregiver pursuant to the Compassionate Use
594594 19 of Medical Cannabis Program Act;
595595 20 (C) in any correctional facility;
596596 21 (D) in a vehicle not open to the public unless the
597597 22 cannabis is in a reasonably secured, sealed or
598598 23 resealable container and reasonably inaccessible while
599599 24 the vehicle is moving; or
600600 25 (E) in a private residence that is used at any time
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611611 1 to provide licensed child care or other similar social
612612 2 service care on the premises;
613613 3 (3) using cannabis:
614614 4 (A) in a school bus, unless permitted for a
615615 5 qualifying patient or caregiver pursuant to the
616616 6 Compassionate Use of Medical Cannabis Program Act;
617617 7 (B) on the grounds of any preschool or primary or
618618 8 secondary school, unless permitted for a qualifying
619619 9 patient or caregiver pursuant to the Compassionate Use
620620 10 of Medical Cannabis Program Act;
621621 11 (C) in any correctional facility;
622622 12 (D) in any motor vehicle;
623623 13 (E) in a private residence that is used at any time
624624 14 to provide licensed child care or other similar social
625625 15 service care on the premises;
626626 16 (F) (blank) in any public place; or
627627 17 (G) knowingly in close physical proximity to
628628 18 anyone under 21 years of age who is not a registered
629629 19 medical cannabis patient under the Compassionate Use
630630 20 of Medical Cannabis Program Act;
631631 21 (4) smoking cannabis in any place where smoking is
632632 22 prohibited under the Smoke Free Illinois Act;
633633 23 (5) operating, navigating, or being in actual physical
634634 24 control of any motor vehicle, aircraft, watercraft, or
635635 25 snowmobile while using or under the influence of cannabis
636636 26 in violation of Section 11-501 or 11-502.1 of the Illinois
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647647 1 Vehicle Code, Section 5-16 of the Boat Registration and
648648 2 Safety Act, or Section 5-7 of the Snowmobile Registration
649649 3 and Safety Act;
650650 4 (6) facilitating the use of cannabis by any person who
651651 5 is not allowed to use cannabis under this Act or the
652652 6 Compassionate Use of Medical Cannabis Program Act;
653653 7 (7) transferring cannabis to any person contrary to
654654 8 this Act or the Compassionate Use of Medical Cannabis
655655 9 Program Act;
656656 10 (8) the use of cannabis by a law enforcement officer,
657657 11 corrections officer, probation officer, or firefighter
658658 12 while on duty; nothing in this Act prevents a public
659659 13 employer of law enforcement officers, corrections
660660 14 officers, probation officers, paramedics, or firefighters
661661 15 from prohibiting or taking disciplinary action for the
662662 16 consumption, possession, sales, purchase, or delivery of
663663 17 cannabis or cannabis-infused substances while on or off
664664 18 duty, unless provided for in the employer's policies.
665665 19 However, an employer may not take adverse employment
666666 20 action against an employee based solely on the lawful
667667 21 possession or consumption of cannabis or cannabis-infused
668668 22 substances by members of the employee's household. To the
669669 23 extent that this Section conflicts with any applicable
670670 24 collective bargaining agreement, the provisions of the
671671 25 collective bargaining agreement shall prevail. Further,
672672 26 nothing in this Act shall be construed to limit in any way
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683683 1 the right to collectively bargain over the subject matters
684684 2 contained in this Act; or
685685 3 (9) the use of cannabis by a person who has a school
686686 4 bus permit or a Commercial Driver's License while on duty.
687687 5 As used in this Section, "public place" means any place
688688 6 where a person could reasonably be expected to be observed by
689689 7 others. "Public place" includes all parts of buildings owned
690690 8 in whole or in part, or leased, by the State or a unit of local
691691 9 government. "Public place" includes all areas in a park,
692692 10 recreation area, wildlife area, or playground owned in whole
693693 11 or in part, leased, or managed by the State or a unit of local
694694 12 government. "Public place" does not include a private
695695 13 residence unless the private residence is used to provide
696696 14 licensed child care, foster care, or other similar social
697697 15 service care on the premises.
698698 16 (b) Nothing in this Act shall be construed to prevent the
699699 17 arrest or prosecution of a person for reckless driving or
700700 18 driving under the influence of cannabis, operating a
701701 19 watercraft under the influence of cannabis, or operating a
702702 20 snowmobile under the influence of cannabis if probable cause
703703 21 exists.
704704 22 (c) Nothing in this Act shall prevent a private business
705705 23 from restricting or prohibiting the use of cannabis on its
706706 24 property, including areas where motor vehicles are parked.
707707 25 (d) Nothing in this Act shall require an individual or
708708 26 business entity to violate the provisions of federal law,
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719719 1 including colleges or universities that must abide by the
720720 2 Drug-Free Schools and Communities Act Amendments of 1989, that
721721 3 require campuses to be drug free.
722722 4 (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
723723 5 102-98, eff. 7-15-21.)
724724 6 (410 ILCS 705/55-25)
725725 7 Sec. 55-25. Local ordinances. Unless otherwise provided
726726 8 under this Act or under the Local Cannabis Licensing Act or
727727 9 otherwise in accordance with State law:
728728 10 (1) A unit of local government, including a home rule
729729 11 unit or any non-home rule county within the unincorporated
730730 12 territory of the county, may enact reasonable zoning
731731 13 ordinances or resolutions, not in conflict with this Act
732732 14 or rules adopted pursuant to this Act, regulating cannabis
733733 15 business establishments. No unit of local government,
734734 16 including a home rule unit or any non-home rule county
735735 17 within the unincorporated territory of the county, may
736736 18 prohibit home cultivation or unreasonably prohibit use of
737737 19 cannabis authorized by this Act.
738738 20 (2) A unit of local government, including a home rule
739739 21 unit or any non-home rule county within the unincorporated
740740 22 territory of the county, may enact ordinances or rules not
741741 23 in conflict with this Act or with rules adopted pursuant
742742 24 to this Act governing the time, place, manner, and number
743743 25 of cannabis business establishment operations, including
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754754 1 minimum distance limitations between cannabis business
755755 2 establishments and locations it deems sensitive, including
756756 3 colleges and universities, through the use of conditional
757757 4 use permits. A unit of local government, including a home
758758 5 rule unit, may establish civil penalties for violation of
759759 6 an ordinance or rules governing the time, place, and
760760 7 manner of operation of a cannabis business establishment
761761 8 or a conditional use permit in the jurisdiction of the
762762 9 unit of local government. No unit of local government,
763763 10 including a home rule unit or non-home rule county within
764764 11 an unincorporated territory of the county, may
765765 12 unreasonably restrict the time, place, manner, and number
766766 13 of cannabis business establishment operations authorized
767767 14 by this Act.
768768 15 (3) A unit of local government, including a home rule
769769 16 unit, or any non-home rule county within the
770770 17 unincorporated territory of the county may authorize or
771771 18 permit the on-premises consumption of cannabis at or in a
772772 19 dispensing organization or retail tobacco store (as
773773 20 defined in Section 10 of the Smoke Free Illinois Act)
774774 21 within its jurisdiction in a manner consistent with this
775775 22 Act. A dispensing organization or retail tobacco store
776776 23 authorized or permitted by a unit of local government to
777777 24 allow on-site consumption shall not be deemed a public
778778 25 place within the meaning of the Smoke Free Illinois Act.
779779 26 (4) A unit of local government, including a home rule
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790790 1 unit or any non-home rule county within the unincorporated
791791 2 territory of the county, may not regulate the activities
792792 3 described in paragraph (1), (2), or (3) in a manner more
793793 4 restrictive than the regulation of those activities by the
794794 5 State under this Act. This Section is a limitation under
795795 6 subsection (i) of Section 6 of Article VII of the Illinois
796796 7 Constitution on the concurrent exercise by home rule units
797797 8 of powers and functions exercised by the State.
798798 9 (5) A unit of local government, including a home rule
799799 10 unit or any non-home rule county within the unincorporated
800800 11 territory of the county, may enact ordinances to prohibit
801801 12 or significantly limit a cannabis business establishment's
802802 13 location.
803803 14 (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
804804 15 Section 999. Effective date. This Act takes effect upon
805805 16 becoming law.
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