Illinois 2023-2024 Regular Session

Illinois House Bill HB2430 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 HB2430 Introduced , by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED: 410 ILCS 705/10-5 Amends the Cannabis Regulation and Tax Act. Provides that the Department of Agriculture shall adopt rules to establish cannabis nursery licenses that allow for the sale of cannabis seeds, seedlings, and cuttings to registered qualifying patients under the Compassionate Use of Medical Cannabis Act for the purposes of home cultivation, subject to specified provisions. LRB103 29916 AWJ 56328 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2430 Introduced , by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED: 410 ILCS 705/10-5 410 ILCS 705/10-5 Amends the Cannabis Regulation and Tax Act. Provides that the Department of Agriculture shall adopt rules to establish cannabis nursery licenses that allow for the sale of cannabis seeds, seedlings, and cuttings to registered qualifying patients under the Compassionate Use of Medical Cannabis Act for the purposes of home cultivation, subject to specified provisions. LRB103 29916 AWJ 56328 b LRB103 29916 AWJ 56328 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2430 Introduced , by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED:
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55 Amends the Cannabis Regulation and Tax Act. Provides that the Department of Agriculture shall adopt rules to establish cannabis nursery licenses that allow for the sale of cannabis seeds, seedlings, and cuttings to registered qualifying patients under the Compassionate Use of Medical Cannabis Act for the purposes of home cultivation, subject to specified provisions.
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1111 1 AN ACT concerning health.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Cannabis Regulation and Tax Act is amended
1515 5 by changing Section 10-5 as follows:
1616 6 (410 ILCS 705/10-5)
1717 7 Sec. 10-5. Personal use of cannabis; restrictions on
1818 8 cultivation; penalties.
1919 9 (a) Beginning January 1, 2020, notwithstanding any other
2020 10 provision of law, and except as otherwise provided in this
2121 11 Act, the following acts are not a violation of this Act and
2222 12 shall not be a criminal or civil offense under State law or the
2323 13 ordinances of any unit of local government of this State or be
2424 14 a basis for seizure or forfeiture of assets under State law for
2525 15 persons other than natural individuals under 21 years of age:
2626 16 (1) possession, consumption, use, purchase, obtaining,
2727 17 or transporting cannabis paraphernalia or an amount of
2828 18 cannabis for personal use that does not exceed the
2929 19 possession limit under Section 10-10 or otherwise in
3030 20 accordance with the requirements of this Act;
3131 21 (2) cultivation of cannabis for personal use in
3232 22 accordance with the requirements of this Act; and
3333 23 (3) controlling property if actions that are
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3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2430 Introduced , by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED:
3838 410 ILCS 705/10-5 410 ILCS 705/10-5
3939 410 ILCS 705/10-5
4040 Amends the Cannabis Regulation and Tax Act. Provides that the Department of Agriculture shall adopt rules to establish cannabis nursery licenses that allow for the sale of cannabis seeds, seedlings, and cuttings to registered qualifying patients under the Compassionate Use of Medical Cannabis Act for the purposes of home cultivation, subject to specified provisions.
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4343 A BILL FOR
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6868 1 authorized by this Act occur on the property in accordance
6969 2 with this Act.
7070 3 (a-1) Beginning January 1, 2020, notwithstanding any other
7171 4 provision of law, and except as otherwise provided in this
7272 5 Act, possessing, consuming, using, purchasing, obtaining, or
7373 6 transporting cannabis paraphernalia or an amount of cannabis
7474 7 purchased or produced in accordance with this Act that does
7575 8 not exceed the possession limit under subsection (a) of
7676 9 Section 10-10 shall not be a basis for seizure or forfeiture of
7777 10 assets under State law.
7878 11 (b) Cultivating cannabis for personal use is subject to
7979 12 the following limitations:
8080 13 (1) An Illinois resident 21 years of age or older who
8181 14 is a registered qualifying patient under the Compassionate
8282 15 Use of Medical Cannabis Program Act may cultivate cannabis
8383 16 plants, with a limit of 5 plants that are more than 5
8484 17 inches tall, per household without a cultivation center or
8585 18 craft grower license. In this Section, "resident" means a
8686 19 person who has been domiciled in the State of Illinois for
8787 20 a period of 30 days before cultivation.
8888 21 (2) Cannabis cultivation must take place in an
8989 22 enclosed, locked space.
9090 23 (3) Adult registered qualifying patients may purchase
9191 24 cannabis seeds from a dispensary for the purpose of home
9292 25 cultivation. Seeds may not be given or sold to any other
9393 26 person.
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104104 1 (4) Cannabis plants shall not be stored or placed in a
105105 2 location where they are subject to ordinary public view,
106106 3 as defined in this Act. A registered qualifying patient
107107 4 who cultivates cannabis under this Section shall take
108108 5 reasonable precautions to ensure the plants are secure
109109 6 from unauthorized access, including unauthorized access by
110110 7 a person under 21 years of age.
111111 8 (5) Cannabis cultivation may occur only on residential
112112 9 property lawfully in possession of the cultivator or with
113113 10 the consent of the person in lawful possession of the
114114 11 property. An owner or lessor of residential property may
115115 12 prohibit the cultivation of cannabis by a lessee.
116116 13 (6) (Blank).
117117 14 (7) A dwelling, residence, apartment, condominium
118118 15 unit, enclosed, locked space, or piece of property not
119119 16 divided into multiple dwelling units shall not contain
120120 17 more than 5 plants at any one time.
121121 18 (8) Cannabis plants may only be tended by registered
122122 19 qualifying patients who reside at the residence, or their
123123 20 authorized agent attending to the residence for brief
124124 21 periods, such as when the qualifying patient is
125125 22 temporarily away from the residence.
126126 23 (9) A registered qualifying patient who cultivates
127127 24 more than the allowable number of cannabis plants, or who
128128 25 sells or gives away cannabis plants, cannabis, or
129129 26 cannabis-infused products produced under this Section, is
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140140 1 liable for penalties as provided by law, including the
141141 2 Cannabis Control Act, in addition to loss of home
142142 3 cultivation privileges as established by rule.
143143 4 (10) The Department shall adopt rules to establish
144144 5 cannabis nursery licenses that allow for the sale of
145145 6 cannabis seeds, seedlings, and cuttings to registered
146146 7 qualifying patients under the Compassionate Use of Medical
147147 8 Cannabis Act for the purposes of home cultivation, subject
148148 9 to the requirements of this Section.
149149 10 (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
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