Illinois 2023-2024 Regular Session

Illinois House Bill HB3883 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3883 Introduced , by Rep. Michael J. Kelly SYNOPSIS AS INTRODUCED: New Act 20 ILCS 2610/12.5 410 ILCS 130/30410 ILCS 705/10-35 Creates the First Responder Cannabis Testing Act. Provides that, before a first responder may be tested for any substance prohibited by the Cannabis Control Act, the person ordering the test must demonstrate there is cause for testing, such as an actual suspicion that the first responder is currently intoxicated with a substance prohibited under the Cannabis Control Act or there was vehicular crash or other accident at work that may have been caused by intoxication with a substance prohibited under the Cannabis Control Act. Provides that a test administered to detect any substance prohibited under the Cannabis Control Act shall be a saliva-based test and may not be a urine, blood, or hair follicle test. Provides that, if a first responder tests positive for any substance prohibited under the Cannabis Control Act, that first responder may be discharged only if there is evidence that the first responder was intoxicated with a substance prohibited under the Cannabis Control Act immediately prior to the start of or during the first responder's shift. Limits the concurrent exercise of home rule powers. Makes conforming changes in the Illinois State Police Act, the Compassionate Use of Medical Cannabis Program Act, and the Cannabis Regulation and Tax Act. LRB103 30421 AWJ 56851 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3883 Introduced , by Rep. Michael J. Kelly SYNOPSIS AS INTRODUCED: New Act 20 ILCS 2610/12.5 410 ILCS 130/30410 ILCS 705/10-35 New Act 20 ILCS 2610/12.5 410 ILCS 130/30 410 ILCS 705/10-35 Creates the First Responder Cannabis Testing Act. Provides that, before a first responder may be tested for any substance prohibited by the Cannabis Control Act, the person ordering the test must demonstrate there is cause for testing, such as an actual suspicion that the first responder is currently intoxicated with a substance prohibited under the Cannabis Control Act or there was vehicular crash or other accident at work that may have been caused by intoxication with a substance prohibited under the Cannabis Control Act. Provides that a test administered to detect any substance prohibited under the Cannabis Control Act shall be a saliva-based test and may not be a urine, blood, or hair follicle test. Provides that, if a first responder tests positive for any substance prohibited under the Cannabis Control Act, that first responder may be discharged only if there is evidence that the first responder was intoxicated with a substance prohibited under the Cannabis Control Act immediately prior to the start of or during the first responder's shift. Limits the concurrent exercise of home rule powers. Makes conforming changes in the Illinois State Police Act, the Compassionate Use of Medical Cannabis Program Act, and the Cannabis Regulation and Tax Act. LRB103 30421 AWJ 56851 b LRB103 30421 AWJ 56851 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3883 Introduced , by Rep. Michael J. Kelly SYNOPSIS AS INTRODUCED:
3	3	New Act 20 ILCS 2610/12.5 410 ILCS 130/30410 ILCS 705/10-35 New Act 20 ILCS 2610/12.5 410 ILCS 130/30 410 ILCS 705/10-35
4	4	New Act
5	5	20 ILCS 2610/12.5
6	6	410 ILCS 130/30
7	7	410 ILCS 705/10-35
8	8	Creates the First Responder Cannabis Testing Act. Provides that, before a first responder may be tested for any substance prohibited by the Cannabis Control Act, the person ordering the test must demonstrate there is cause for testing, such as an actual suspicion that the first responder is currently intoxicated with a substance prohibited under the Cannabis Control Act or there was vehicular crash or other accident at work that may have been caused by intoxication with a substance prohibited under the Cannabis Control Act. Provides that a test administered to detect any substance prohibited under the Cannabis Control Act shall be a saliva-based test and may not be a urine, blood, or hair follicle test. Provides that, if a first responder tests positive for any substance prohibited under the Cannabis Control Act, that first responder may be discharged only if there is evidence that the first responder was intoxicated with a substance prohibited under the Cannabis Control Act immediately prior to the start of or during the first responder's shift. Limits the concurrent exercise of home rule powers. Makes conforming changes in the Illinois State Police Act, the Compassionate Use of Medical Cannabis Program Act, and the Cannabis Regulation and Tax Act.
9	9	LRB103 30421 AWJ 56851 b LRB103 30421 AWJ 56851 b
10	10	LRB103 30421 AWJ 56851 b
11	11	A BILL FOR
12	12	HB3883LRB103 30421 AWJ 56851 b HB3883 LRB103 30421 AWJ 56851 b
13	13	HB3883 LRB103 30421 AWJ 56851 b
14	14	1 AN ACT concerning government.
15	15	2 Be it enacted by the People of the State of Illinois,
16	16	3 represented in the General Assembly:
17	17	4 Section 1. Short title. This Act may be cited as the First
18	18	5 Responder Cannabis Testing Act.
19	19	6 Section 5. Definitions. As used in this Act:
20	20	7 "Emergency medical personnel" has the meaning given to
21	21	8 that term in Section 3.5 of the Emergency Medical Services
22	22	9 (EMS) Systems Act.
23	23	10 "First responder" means a law enforcement officer,
24	24	11 firefighter, emergency medical services personnel, or public
25	25	12 safety telecommunicator.
26	26	13 "Law enforcement officer" has the meaning given to that
27	27	14 term in Section 5 of the Law Enforcement Officer Bulletproof
28	28	15 Vest Act.
29	29	16 "Public safety telecommunicator" has the meaning given to
30	30	17 that term in Section 2 of the Emergency Telephone Systems Act.
31	31	18 Section 10. Employee testing.
32	32	19 (a) Before a first responder may be tested for any
33	33	20 substance prohibited under the Cannabis Control Act, the
34	34	21 person ordering the test must demonstrate there is cause for
35	35	22 testing, such as an actual suspicion that the first responder
36	36
37	37
38	38
39	39	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3883 Introduced , by Rep. Michael J. Kelly SYNOPSIS AS INTRODUCED:
40	40	New Act 20 ILCS 2610/12.5 410 ILCS 130/30410 ILCS 705/10-35 New Act 20 ILCS 2610/12.5 410 ILCS 130/30 410 ILCS 705/10-35
41	41	New Act
42	42	20 ILCS 2610/12.5
43	43	410 ILCS 130/30
44	44	410 ILCS 705/10-35
45	45	Creates the First Responder Cannabis Testing Act. Provides that, before a first responder may be tested for any substance prohibited by the Cannabis Control Act, the person ordering the test must demonstrate there is cause for testing, such as an actual suspicion that the first responder is currently intoxicated with a substance prohibited under the Cannabis Control Act or there was vehicular crash or other accident at work that may have been caused by intoxication with a substance prohibited under the Cannabis Control Act. Provides that a test administered to detect any substance prohibited under the Cannabis Control Act shall be a saliva-based test and may not be a urine, blood, or hair follicle test. Provides that, if a first responder tests positive for any substance prohibited under the Cannabis Control Act, that first responder may be discharged only if there is evidence that the first responder was intoxicated with a substance prohibited under the Cannabis Control Act immediately prior to the start of or during the first responder's shift. Limits the concurrent exercise of home rule powers. Makes conforming changes in the Illinois State Police Act, the Compassionate Use of Medical Cannabis Program Act, and the Cannabis Regulation and Tax Act.
46	46	LRB103 30421 AWJ 56851 b LRB103 30421 AWJ 56851 b
47	47	LRB103 30421 AWJ 56851 b
48	48	A BILL FOR
49	49
50	50
51	51
52	52
53	53
54	54	New Act
55	55	20 ILCS 2610/12.5
56	56	410 ILCS 130/30
57	57	410 ILCS 705/10-35
58	58
59	59
60	60
61	61	LRB103 30421 AWJ 56851 b
62	62
63	63
64	64
65	65
66	66
67	67
68	68
69	69
70	70
71	71	HB3883 LRB103 30421 AWJ 56851 b
72	72
73	73
74	74	HB3883- 2 -LRB103 30421 AWJ 56851 b HB3883 - 2 - LRB103 30421 AWJ 56851 b
75	75	HB3883 - 2 - LRB103 30421 AWJ 56851 b
76	76	1 is currently intoxicated with a substance prohibited by the
77	77	2 Cannabis Control Act or there was an vehicular crash or other
78	78	3 accident at work that may have been caused by intoxication
79	79	4 with a substance prohibited under the Cannabis Control Act.
80	80	5 (b) A test administered to detect any substance prohibited
81	81	6 under the Cannabis Control Act under this Section shall be a
82	82	7 saliva-based test and may not be a urine, blood, or hair
83	83	8 follicle test.
84	84	9 Section 15. Positive test. If a first responder tests
85	85	10 positive for any substance prohibited under the Cannabis
86	86	11 Control Act, that first responder may be discharged only if
87	87	12 there is evidence that the first responder was intoxicated
88	88	13 with a substance prohibited under the Cannabis Control Act
89	89	14 immediately prior to the start of or during the first
90	90	15 responder's shift.
91	91	16 Section 20. Conflict with other laws. To the extent this
92	92	17 Act conflicts with any other provision of law, this Act
93	93	18 controls.
94	94	19 Section 25. Home rule. A home rule unit may not regulate
95	95	20 drug testing in a manner inconsistent with this Act. This Act
96	96	21 is a limitation under subsection (i) of Section 6 of Article
97	97	22 VII of the Illinois Constitution on the concurrent exercise by
98	98	23 home rule units of powers and functions exercised by the
99	99
100	100
101	101
102	102
103	103
104	104	HB3883 - 2 - LRB103 30421 AWJ 56851 b
105	105
106	106
107	107	HB3883- 3 -LRB103 30421 AWJ 56851 b HB3883 - 3 - LRB103 30421 AWJ 56851 b
108	108	HB3883 - 3 - LRB103 30421 AWJ 56851 b
109	109	1 State.
110	110	2 Section 30. The Illinois State Police Act is amended by
111	111	3 changing Section 12.5 as follows:
112	112	4 (20 ILCS 2610/12.5)
113	113	5 Sec. 12.5. Drug Zero tolerance drug policy. Any person
114	114	6 employed by the Illinois State Police who tests positive in
115	115	7 accordance with established Illinois State Police drug testing
116	116	8 procedures for any substance prohibited by the Illinois
117	117	9 Controlled Substances Act or the Methamphetamine Control and
118	118	10 Community Protection Act shall be discharged from employment.
119	119	11 Testing Any person employed by the Illinois State Police who
120	120	12 tests positive in accordance with established Illinois State
121	121	13 Police drug testing procedures for any substance prohibited by
122	122	14 the Cannabis Control Act and disciplinary actions for a
123	123	15 positive test must be conducted in accordance with the First
124	124	16 Responder Cannabis Testing Act may be discharged from
125	125	17 employment. Refusal to submit to a drug test, ordered in
126	126	18 accordance with Illinois State Police procedures, by any
127	127	19 person employed by the Illinois State Police shall be
128	128	20 construed as a positive test, and the person shall be
129	129	21 discharged from employment. The changes made in this Section
130	130	22 by this amendatory Act of the 100th General Assembly shall
131	131	23 apply to all pending and future incidents under this Section.
132	132	24 (Source: P.A. 102-538, eff. 8-20-21.)
133	133
134	134
135	135
136	136
137	137
138	138	HB3883 - 3 - LRB103 30421 AWJ 56851 b
139	139
140	140
141	141	HB3883- 4 -LRB103 30421 AWJ 56851 b HB3883 - 4 - LRB103 30421 AWJ 56851 b
142	142	HB3883 - 4 - LRB103 30421 AWJ 56851 b
143	143	1 Section 35. The Compassionate Use of Medical Cannabis
144	144	2 Program Act is amended by changing Section 30 as follows:
145	145	3 (410 ILCS 130/30)
146	146	4 Sec. 30. Limitations and penalties.
147	147	5 (a) This Act does not permit any person to engage in, and
148	148	6 does not prevent the imposition of any civil, criminal, or
149	149	7 other penalties for engaging in, the following conduct:
150	150	8 (1) Undertaking any task under the influence of
151	151	9 cannabis, when doing so would constitute negligence,
152	152	10 professional malpractice, or professional misconduct;
153	153	11 (2) Possessing cannabis:
154	154	12 (A) except as provided under Section 22-33 of the
155	155	13 School Code, in a school bus;
156	156	14 (B) except as provided under Section 22-33 of the
157	157	15 School Code, on the grounds of any preschool or
158	158	16 primary or secondary school;
159	159	17 (C) in any correctional facility;
160	160	18 (D) in a vehicle under Section 11-502.1 of the
161	161	19 Illinois Vehicle Code;
162	162	20 (E) in a vehicle not open to the public unless the
163	163	21 medical cannabis is in a reasonably secured, sealed
164	164	22 container and reasonably inaccessible while the
165	165	23 vehicle is moving; or
166	166	24 (F) in a private residence that is used at any time
167	167
168	168
169	169
170	170
171	171
172	172	HB3883 - 4 - LRB103 30421 AWJ 56851 b
173	173
174	174
175	175	HB3883- 5 -LRB103 30421 AWJ 56851 b HB3883 - 5 - LRB103 30421 AWJ 56851 b
176	176	HB3883 - 5 - LRB103 30421 AWJ 56851 b
177	177	1 to provide licensed child care or other similar social
178	178	2 service care on the premises;
179	179	3 (3) Using cannabis:
180	180	4 (A) except as provided under Section 22-33 of the
181	181	5 School Code, in a school bus;
182	182	6 (B) except as provided under Section 22-33 of the
183	183	7 School Code, on the grounds of any preschool or
184	184	8 primary or secondary school;
185	185	9 (C) in any correctional facility;
186	186	10 (D) in any motor vehicle;
187	187	11 (E) in a private residence that is used at any time
188	188	12 to provide licensed child care or other similar social
189	189	13 service care on the premises;
190	190	14 (F) except as provided under Section 22-33 of the
191	191	15 School Code and Section 31 of this Act, in any public
192	192	16 place. "Public place" as used in this subsection means
193	193	17 any place where an individual could reasonably be
194	194	18 expected to be observed by others. A "public place"
195	195	19 includes all parts of buildings owned in whole or in
196	196	20 part, or leased, by the State or a local unit of
197	197	21 government. A "public place" does not include a
198	198	22 private residence unless the private residence is used
199	199	23 to provide licensed child care, foster care, or other
200	200	24 similar social service care on the premises. For
201	201	25 purposes of this subsection, a "public place" does not
202	202	26 include a health care facility. For purposes of this
203	203
204	204
205	205
206	206
207	207
208	208	HB3883 - 5 - LRB103 30421 AWJ 56851 b
209	209
210	210
211	211	HB3883- 6 -LRB103 30421 AWJ 56851 b HB3883 - 6 - LRB103 30421 AWJ 56851 b
212	212	HB3883 - 6 - LRB103 30421 AWJ 56851 b
213	213	1 Section, a "health care facility" includes, but is not
214	214	2 limited to, hospitals, nursing homes, hospice care
215	215	3 centers, and long-term care facilities;
216	216	4 (G) except as provided under Section 22-33 of the
217	217	5 School Code and Section 31 of this Act, knowingly in
218	218	6 close physical proximity to anyone under the age of 18
219	219	7 years of age;
220	220	8 (4) Smoking medical cannabis in any public place where
221	221	9 an individual could reasonably be expected to be observed
222	222	10 by others, in a health care facility, or any other place
223	223	11 where smoking is prohibited under the Smoke Free Illinois
224	224	12 Act;
225	225	13 (5) Operating, navigating, or being in actual physical
226	226	14 control of any motor vehicle, aircraft, or motorboat while
227	227	15 using or under the influence of cannabis in violation of
228	228	16 Sections 11-501 and 11-502.1 of the Illinois Vehicle Code;
229	229	17 (6) Using or possessing cannabis if that person does
230	230	18 not have a debilitating medical condition and is not a
231	231	19 registered qualifying patient or caregiver;
232	232	20 (7) Allowing any person who is not allowed to use
233	233	21 cannabis under this Act to use cannabis that a cardholder
234	234	22 is allowed to possess under this Act;
235	235	23 (8) Transferring cannabis to any person contrary to
236	236	24 the provisions of this Act;
237	237	25 (9) The use of medical cannabis by an active duty law
238	238	26 enforcement officer, correctional officer, correctional
239	239
240	240
241	241
242	242
243	243
244	244	HB3883 - 6 - LRB103 30421 AWJ 56851 b
245	245
246	246
247	247	HB3883- 7 -LRB103 30421 AWJ 56851 b HB3883 - 7 - LRB103 30421 AWJ 56851 b
248	248	HB3883 - 7 - LRB103 30421 AWJ 56851 b
249	249	1 probation officer, or firefighter, except as limited by
250	250	2 the First Responder Cannabis Testing Act; or
251	251	3 (10) The use of medical cannabis by a person who has a
252	252	4 school bus permit or a Commercial Driver's License.
253	253	5 (b) Nothing in this Act shall be construed to prevent the
254	254	6 arrest or prosecution of a registered qualifying patient for
255	255	7 reckless driving or driving under the influence of cannabis
256	256	8 where probable cause exists.
257	257	9 (c) Notwithstanding any other criminal penalties related
258	258	10 to the unlawful possession of cannabis, knowingly making a
259	259	11 misrepresentation to a law enforcement official of any fact or
260	260	12 circumstance relating to the medical use of cannabis to avoid
261	261	13 arrest or prosecution is a petty offense punishable by a fine
262	262	14 of up to $1,000, which shall be in addition to any other
263	263	15 penalties that may apply for making a false statement or for
264	264	16 the use of cannabis other than use undertaken under this Act.
265	265	17 (d) Notwithstanding any other criminal penalties related
266	266	18 to the unlawful possession of cannabis, any person who makes a
267	267	19 misrepresentation of a medical condition to a certifying
268	268	20 health care professional or fraudulently provides material
269	269	21 misinformation to a certifying health care professional in
270	270	22 order to obtain a written certification is guilty of a petty
271	271	23 offense punishable by a fine of up to $1,000.
272	272	24 (e) Any cardholder or registered caregiver who sells
273	273	25 cannabis shall have his or her registry identification card
274	274	26 revoked and is subject to other penalties for the unauthorized
275	275
276	276
277	277
278	278
279	279
280	280	HB3883 - 7 - LRB103 30421 AWJ 56851 b
281	281
282	282
283	283	HB3883- 8 -LRB103 30421 AWJ 56851 b HB3883 - 8 - LRB103 30421 AWJ 56851 b
284	284	HB3883 - 8 - LRB103 30421 AWJ 56851 b
285	285	1 sale of cannabis.
286	286	2 (f) Any registered qualifying patient who commits a
287	287	3 violation of Section 11-502.1 of the Illinois Vehicle Code or
288	288	4 refuses a properly requested test related to operating a motor
289	289	5 vehicle while under the influence of cannabis shall have his
290	290	6 or her registry identification card revoked.
291	291	7 (g) No registered qualifying patient or designated
292	292	8 caregiver shall knowingly obtain, seek to obtain, or possess,
293	293	9 individually or collectively, an amount of usable cannabis
294	294	10 from a registered medical cannabis dispensing organization
295	295	11 that would cause him or her to exceed the authorized adequate
296	296	12 supply under subsection (a) of Section 10.
297	297	13 (h) Nothing in this Act shall prevent a private business
298	298	14 from restricting or prohibiting the medical use of cannabis on
299	299	15 its property.
300	300	16 (i) Nothing in this Act shall prevent a university,
301	301	17 college, or other institution of post-secondary education from
302	302	18 restricting or prohibiting the use of medical cannabis on its
303	303	19 property.
304	304	20 (Source: P.A. 101-363, eff. 8-9-19; 102-67, eff. 7-9-21.)
305	305	21 Section 40. The Cannabis Regulation and Tax Act is amended
306	306	22 by changing Section 10-35 as follows:
307	307	23 (410 ILCS 705/10-35)
308	308	24 Sec. 10-35. Limitations and penalties.
309	309
310	310
311	311
312	312
313	313
314	314	HB3883 - 8 - LRB103 30421 AWJ 56851 b
315	315
316	316
317	317	HB3883- 9 -LRB103 30421 AWJ 56851 b HB3883 - 9 - LRB103 30421 AWJ 56851 b
318	318	HB3883 - 9 - LRB103 30421 AWJ 56851 b
319	319	1 (a) This Act does not permit any person to engage in, and
320	320	2 does not prevent the imposition of any civil, criminal, or
321	321	3 other penalties for engaging in, any of the following conduct:
322	322	4 (1) undertaking any task under the influence of
323	323	5 cannabis when doing so would constitute negligence,
324	324	6 professional malpractice, or professional misconduct;
325	325	7 (2) possessing cannabis:
326	326	8 (A) in a school bus, unless permitted for a
327	327	9 qualifying patient or caregiver pursuant to the
328	328	10 Compassionate Use of Medical Cannabis Program Act;
329	329	11 (B) on the grounds of any preschool or primary or
330	330	12 secondary school, unless permitted for a qualifying
331	331	13 patient or caregiver pursuant to the Compassionate Use
332	332	14 of Medical Cannabis Program Act;
333	333	15 (C) in any correctional facility;
334	334	16 (D) in a vehicle not open to the public unless the
335	335	17 cannabis is in a reasonably secured, sealed or
336	336	18 resealable container and reasonably inaccessible while
337	337	19 the vehicle is moving; or
338	338	20 (E) in a private residence that is used at any time
339	339	21 to provide licensed child care or other similar social
340	340	22 service care on the premises;
341	341	23 (3) using cannabis:
342	342	24 (A) in a school bus, unless permitted for a
343	343	25 qualifying patient or caregiver pursuant to the
344	344	26 Compassionate Use of Medical Cannabis Program Act;
345	345
346	346
347	347
348	348
349	349
350	350	HB3883 - 9 - LRB103 30421 AWJ 56851 b
351	351
352	352
353	353	HB3883- 10 -LRB103 30421 AWJ 56851 b HB3883 - 10 - LRB103 30421 AWJ 56851 b
354	354	HB3883 - 10 - LRB103 30421 AWJ 56851 b
355	355	1 (B) on the grounds of any preschool or primary or
356	356	2 secondary school, unless permitted for a qualifying
357	357	3 patient or caregiver pursuant to the Compassionate Use
358	358	4 of Medical Cannabis Program Act;
359	359	5 (C) in any correctional facility;
360	360	6 (D) in any motor vehicle;
361	361	7 (E) in a private residence that is used at any time
362	362	8 to provide licensed child care or other similar social
363	363	9 service care on the premises;
364	364	10 (F) in any public place; or
365	365	11 (G) knowingly in close physical proximity to
366	366	12 anyone under 21 years of age who is not a registered
367	367	13 medical cannabis patient under the Compassionate Use
368	368	14 of Medical Cannabis Program Act;
369	369	15 (4) smoking cannabis in any place where smoking is
370	370	16 prohibited under the Smoke Free Illinois Act;
371	371	17 (5) operating, navigating, or being in actual physical
372	372	18 control of any motor vehicle, aircraft, watercraft, or
373	373	19 snowmobile while using or under the influence of cannabis
374	374	20 in violation of Section 11-501 or 11-502.1 of the Illinois
375	375	21 Vehicle Code, Section 5-16 of the Boat Registration and
376	376	22 Safety Act, or Section 5-7 of the Snowmobile Registration
377	377	23 and Safety Act;
378	378	24 (6) facilitating the use of cannabis by any person who
379	379	25 is not allowed to use cannabis under this Act or the
380	380	26 Compassionate Use of Medical Cannabis Program Act;
381	381
382	382
383	383
384	384
385	385
386	386	HB3883 - 10 - LRB103 30421 AWJ 56851 b
387	387
388	388
389	389	HB3883- 11 -LRB103 30421 AWJ 56851 b HB3883 - 11 - LRB103 30421 AWJ 56851 b
390	390	HB3883 - 11 - LRB103 30421 AWJ 56851 b
391	391	1 (7) transferring cannabis to any person contrary to
392	392	2 this Act or the Compassionate Use of Medical Cannabis
393	393	3 Program Act;
394	394	4 (8) the use of cannabis by a law enforcement officer,
395	395	5 corrections officer, probation officer, or firefighter
396	396	6 while on duty; nothing in this Act prevents a public
397	397	7 employer of law enforcement officers, corrections
398	398	8 officers, probation officers, paramedics, or firefighters
399	399	9 from prohibiting or taking disciplinary action for the
400	400	10 consumption, possession, sales, purchase, or delivery of
401	401	11 cannabis or cannabis-infused substances while on or off
402	402	12 duty, unless provided for in the employer's policies and
403	403	13 except as limited by the First Responder Cannabis Testing
404	404	14 Act. However, an employer may not take adverse employment
405	405	15 action against an employee based solely on the lawful
406	406	16 possession or consumption of cannabis or cannabis-infused
407	407	17 substances by members of the employee's household. To the
408	408	18 extent that this Section conflicts with any applicable
409	409	19 collective bargaining agreement, the provisions of the
410	410	20 collective bargaining agreement shall prevail. Further,
411	411	21 nothing in this Act shall be construed to limit in any way
412	412	22 the right to collectively bargain over the subject matters
413	413	23 contained in this Act; or
414	414	24 (9) the use of cannabis by a person who has a school
415	415	25 bus permit or a Commercial Driver's License while on duty.
416	416	26 As used in this Section, "public place" means any place
417	417
418	418
419	419
420	420
421	421
422	422	HB3883 - 11 - LRB103 30421 AWJ 56851 b
423	423
424	424
425	425	HB3883- 12 -LRB103 30421 AWJ 56851 b HB3883 - 12 - LRB103 30421 AWJ 56851 b
426	426	HB3883 - 12 - LRB103 30421 AWJ 56851 b
427	427	1 where a person could reasonably be expected to be observed by
428	428	2 others. "Public place" includes all parts of buildings owned
429	429	3 in whole or in part, or leased, by the State or a unit of local
430	430	4 government. "Public place" includes all areas in a park,
431	431	5 recreation area, wildlife area, or playground owned in whole
432	432	6 or in part, leased, or managed by the State or a unit of local
433	433	7 government. "Public place" does not include a private
434	434	8 residence unless the private residence is used to provide
435	435	9 licensed child care, foster care, or other similar social
436	436	10 service care on the premises.
437	437	11 (b) Nothing in this Act shall be construed to prevent the
438	438	12 arrest or prosecution of a person for reckless driving or
439	439	13 driving under the influence of cannabis, operating a
440	440	14 watercraft under the influence of cannabis, or operating a
441	441	15 snowmobile under the influence of cannabis if probable cause
442	442	16 exists.
443	443	17 (c) Nothing in this Act shall prevent a private business
444	444	18 from restricting or prohibiting the use of cannabis on its
445	445	19 property, including areas where motor vehicles are parked.
446	446	20 (d) Nothing in this Act shall require an individual or
447	447	21 business entity to violate the provisions of federal law,
448	448	22 including colleges or universities that must abide by the
449	449	23 Drug-Free Schools and Communities Act Amendments of 1989, that
450	450	24 require campuses to be drug free.
451	451	25 (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
452	452	26 102-98, eff. 7-15-21.)
453	453
454	454
455	455
456	456
457	457
458	458	HB3883 - 12 - LRB103 30421 AWJ 56851 b