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
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
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
LRB103 29916 AWJ 56328 b
A BILL FOR
HB2430LRB103 29916 AWJ 56328 b HB2430 LRB103 29916 AWJ 56328 b
HB2430 LRB103 29916 AWJ 56328 b
1 AN ACT concerning health.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Cannabis Regulation and Tax Act is amended
5 by changing Section 10-5 as follows:
6 (410 ILCS 705/10-5)
7 Sec. 10-5. Personal use of cannabis; restrictions on
8 cultivation; penalties.
9 (a) Beginning January 1, 2020, notwithstanding any other
10 provision of law, and except as otherwise provided in this
11 Act, the following acts are not a violation of this Act and
12 shall not be a criminal or civil offense under State law or the
13 ordinances of any unit of local government of this State or be
14 a basis for seizure or forfeiture of assets under State law for
15 persons other than natural individuals under 21 years of age:
16 (1) possession, consumption, use, purchase, obtaining,
17 or transporting cannabis paraphernalia or an amount of
18 cannabis for personal use that does not exceed the
19 possession limit under Section 10-10 or otherwise in
20 accordance with the requirements of this Act;
21 (2) cultivation of cannabis for personal use in
22 accordance with the requirements of this Act; and
23 (3) controlling property if actions that are
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
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
LRB103 29916 AWJ 56328 b
A BILL FOR
410 ILCS 705/10-5
LRB103 29916 AWJ 56328 b
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1 authorized by this Act occur on the property in accordance
2 with this Act.
3 (a-1) Beginning January 1, 2020, notwithstanding any other
4 provision of law, and except as otherwise provided in this
5 Act, possessing, consuming, using, purchasing, obtaining, or
6 transporting cannabis paraphernalia or an amount of cannabis
7 purchased or produced in accordance with this Act that does
8 not exceed the possession limit under subsection (a) of
9 Section 10-10 shall not be a basis for seizure or forfeiture of
10 assets under State law.
11 (b) Cultivating cannabis for personal use is subject to
12 the following limitations:
13 (1) An Illinois resident 21 years of age or older who
14 is a registered qualifying patient under the Compassionate
15 Use of Medical Cannabis Program Act may cultivate cannabis
16 plants, with a limit of 5 plants that are more than 5
17 inches tall, per household without a cultivation center or
18 craft grower license. In this Section, "resident" means a
19 person who has been domiciled in the State of Illinois for
20 a period of 30 days before cultivation.
21 (2) Cannabis cultivation must take place in an
22 enclosed, locked space.
23 (3) Adult registered qualifying patients may purchase
24 cannabis seeds from a dispensary for the purpose of home
25 cultivation. Seeds may not be given or sold to any other
26 person.
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1 (4) Cannabis plants shall not be stored or placed in a
2 location where they are subject to ordinary public view,
3 as defined in this Act. A registered qualifying patient
4 who cultivates cannabis under this Section shall take
5 reasonable precautions to ensure the plants are secure
6 from unauthorized access, including unauthorized access by
7 a person under 21 years of age.
8 (5) Cannabis cultivation may occur only on residential
9 property lawfully in possession of the cultivator or with
10 the consent of the person in lawful possession of the
11 property. An owner or lessor of residential property may
12 prohibit the cultivation of cannabis by a lessee.
13 (6) (Blank).
14 (7) A dwelling, residence, apartment, condominium
15 unit, enclosed, locked space, or piece of property not
16 divided into multiple dwelling units shall not contain
17 more than 5 plants at any one time.
18 (8) Cannabis plants may only be tended by registered
19 qualifying patients who reside at the residence, or their
20 authorized agent attending to the residence for brief
21 periods, such as when the qualifying patient is
22 temporarily away from the residence.
23 (9) A registered qualifying patient who cultivates
24 more than the allowable number of cannabis plants, or who
25 sells or gives away cannabis plants, cannabis, or
26 cannabis-infused products produced under this Section, is
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1 liable for penalties as provided by law, including the
2 Cannabis Control Act, in addition to loss of home
3 cultivation privileges as established by rule.
4 (10) The Department shall adopt rules to establish
5 cannabis nursery licenses that allow for the sale of
6 cannabis seeds, seedlings, and cuttings to registered
7 qualifying patients under the Compassionate Use of Medical
8 Cannabis Act for the purposes of home cultivation, subject
9 to the requirements of this Section.
10 (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
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