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Illinois House Bill HB3061

Illinois 2025-2026 Regular Session

Illinois House Bill HB3061 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3061 Introduced , by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED: New Act410 ILCS 82/35 Creates the On-Premise Cannabis Consumption Act. Provides that a county or municipality may issue licenses for temporary events and cannabis hospitality venues that will allow for the consumption of cannabis or cannabis-infused products and for the sale of cannabis paraphernalia at such temporary events or venues. Requires ordinances with specified requirements for such temporary events and cannabis hospitality venues before any licenses are issued. Limits home rule powers. Makes conforming changes in the Smoke Free Illinois Act. Effective immediately. LRB104 10534 BDA 20610 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3061 Introduced , by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED: New Act410 ILCS 82/35 New Act 410 ILCS 82/35 Creates the On-Premise Cannabis Consumption Act. Provides that a county or municipality may issue licenses for temporary events and cannabis hospitality venues that will allow for the consumption of cannabis or cannabis-infused products and for the sale of cannabis paraphernalia at such temporary events or venues. Requires ordinances with specified requirements for such temporary events and cannabis hospitality venues before any licenses are issued. Limits home rule powers. Makes conforming changes in the Smoke Free Illinois Act. Effective immediately. LRB104 10534 BDA 20610 b LRB104 10534 BDA 20610 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3061 Introduced , by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED:
33 New Act410 ILCS 82/35 New Act 410 ILCS 82/35
44 New Act
55 410 ILCS 82/35
66 Creates the On-Premise Cannabis Consumption Act. Provides that a county or municipality may issue licenses for temporary events and cannabis hospitality venues that will allow for the consumption of cannabis or cannabis-infused products and for the sale of cannabis paraphernalia at such temporary events or venues. Requires ordinances with specified requirements for such temporary events and cannabis hospitality venues before any licenses are issued. Limits home rule powers. Makes conforming changes in the Smoke Free Illinois Act. Effective immediately.
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1212 1 AN ACT concerning health.
1313 2 Be it enacted by the People of the State of Illinois,
1414 3 represented in the General Assembly:
1515 4 Section 1. Short title. This Act may be cited as the
1616 5 On-Premise Cannabis Consumption Act.
1717 6 Section 5. Definitions. As used in this Act:
1818 7 "Cannabis" has the meaning given to that term in Section
1919 8 1-10 of the Cannabis Regulation and Tax Act.
2020 9 "Cannabis business establishment" has the meaning given to
2121 10 that term in Section 1-10 of the Cannabis Regulation and Tax.
2222 11 "Cannabis hospitality venue" means a public or private
2323 12 restaurant, bar, or other business licensed under Section 15
2424 13 that allows communal consumption of cannabis or
2525 14 cannabis-infused products on premises.
2626 15 "Cannabis-infused product" has the meaning given to that
2727 16 term in Section 1-10 of the Cannabis Regulation and Tax Act.
2828 17 "Cannabis paraphernalia" has the meaning given to that
2929 18 term in Section 1-10 of the Cannabis Regulation and Tax Act.
3030 19 "Governmental unit" means a county or municipality.
3131 20 "Venue" means any business establishment licensed by a
3232 21 governmental unit for hospitality-related business.
3333 22 Section 10. Temporary event permits.
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3838 New Act410 ILCS 82/35 New Act 410 ILCS 82/35
3939 New Act
4040 410 ILCS 82/35
4141 Creates the On-Premise Cannabis Consumption Act. Provides that a county or municipality may issue licenses for temporary events and cannabis hospitality venues that will allow for the consumption of cannabis or cannabis-infused products and for the sale of cannabis paraphernalia at such temporary events or venues. Requires ordinances with specified requirements for such temporary events and cannabis hospitality venues before any licenses are issued. Limits home rule powers. Makes conforming changes in the Smoke Free Illinois Act. Effective immediately.
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7070 1 (a) The hosting of a temporary event for the consumption
7171 2 of cannabis or cannabis infused products at a venue not
7272 3 licensed as a cannabis hospitality venue is subject to
7373 4 regulation by a municipality for events within the
7474 5 municipality and by a county for events outside of a
7575 6 municipality.
7676 7 (b) A temporary event including the consumption of
7777 8 cannabis or cannabis-infused products must hold a temporary
7878 9 event permit issued by the governmental unit for the premises
7979 10 at which the temporary event is conducted.
8080 11 (c) An applicant for a temporary event permit under this
8181 12 Section and the premises where it shall be conducted must meet
8282 13 the requirements of any ordinance passed or adopted by the
8383 14 governmental unit under this subsection.
8484 15 (1) Before a governmental unit may issue any temporary
8585 16 event permits under this Section, the governmental unit
8686 17 must adopt an ordinance that includes all of the
8787 18 following:
8888 19 (A) application and permit fees for a permit
8989 20 issued under this Section;
9090 21 (B) maximum term of a permit issued under this
9191 22 section; and
9292 23 (C) a requirement that each permit application
9393 24 includes plans detailing:
9494 25 (i) the date, time of operation, and address
9595 26 of the location hosting the consumption event;
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106106 1 (ii) how smoke, aerosols, and vapors from
107107 2 cannabis consumption will be ventilated in indoor
108108 3 consumption spaces;
109109 4 (iii) how consumption will be obscured from
110110 5 view by opaque or translucent walls, fences,
111111 6 hedges, or other barriers in outdoor spaces; and
112112 7 (iv) how individuals under 21 will be
113113 8 prevented from entering the consumption space.
114114 9 (2) The governmental unit may not adopt an ordinance
115115 10 or rule that:
116116 11 (A) prohibits a person who holds a permit issued
117117 12 under this Section from adopting policies that allow
118118 13 attendees of temporary events to bring their own
119119 14 cannabis, cannabis infused products, or cannabis
120120 15 paraphernalia into a temporary event;
121121 16 (B) prohibits the preparation and sale of food and
122122 17 non-alcoholic beverages at venues already licensed for
123123 18 such sales by the governmental unit; or
124124 19 (C) imposes public health or safety standards if
125125 20 those standards serve no purpose other than deterring
126126 21 the organization and execution of temporary events.
127127 22 (d) The premises at which an applicant intends to conduct
128128 23 the event may not be located within 500 feet of a primary or
129129 24 secondary school.
130130 25 (e) An applicant for a temporary event permit under this
131131 26 Section must apply for the permit in the manner required by
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142142 1 ordinance of the governmental unit.
143143 2 (f) Permit fees assessed under this Section must be
144144 3 reasonably related to the cost of inspecting and regulating
145145 4 the temporary event.
146146 5 Section 15. Cannabis hospitality venues.
147147 6 (a) The consumption of cannabis or cannabis-infused
148148 7 products at a cannabis hospitality venue is subject to
149149 8 regulation by a municipality for cannabis hospitality venues
150150 9 within the municipality and by a county for cannabis
151151 10 hospitality venues outside of a municipality.
152152 11 (b) A person operating a cannabis hospitality venue must
153153 12 hold a cannabis hospitality venue license issued by the
154154 13 governmental unit for the premises at which the consumption
155155 14 occurs.
156156 15 (c) The premises at which an applicant intends to have a
157157 16 cannabis hospitality venue may not be located within 500 feet
158158 17 of a public or private elementary or secondary school.
159159 18 (d) An applicant for a cannabis hospitality venue license
160160 19 under this Section and the premises at which the cannabis
161161 20 hospitality venue is to be located must meet the requirements
162162 21 of any ordinance adopted by the governmental unit under this
163163 22 subsection.
164164 23 (1) The ordinance must include all of the following:
165165 24 (A) a requirement that a person who holds a
166166 25 license must renew the license annually;
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177177 1 (B) fees for the application, licensure, and
178178 2 renewal of licensure for a license under this Section;
179179 3 (C) a restriction on the consumption of cannabis
180180 4 or cannabis-infused products to designated areas of a
181181 5 premises for which a license has been issued under
182182 6 this Section;
183183 7 (D) a requirement that each portion of a premises
184184 8 for which a license has been issued under this Section
185185 9 where cannabis or cannabis-infused products are
186186 10 smoked, aerosolized, or vaporized must have:
187187 11 (i) a ventilation system for any indoor
188188 12 consumption areas that exhausts smoke, aerosols,
189189 13 and vapors from that portion of the premises;
190190 14 (ii) is designed and terminated in accordance
191191 15 with building code standards for the applicable
192192 16 occupancy classification; and
193193 17 (iii) for any outdoor consumption area, it
194194 18 must be surrounded by a sight-obscuring wall,
195195 19 fence, hedge, or other opaque or translucent
196196 20 barrier; the outdoor consumption space may be
197197 21 located closer than 15 feet from an entrance or
198198 22 exit of the cannabis hospitality venue so long as
199199 23 the outdoor consumption space is not obstructing
200200 24 the venue's primary public entry point or is
201201 25 located on a public way.
202202 26 (F) a requirement that a premises for which a
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213213 1 license has been issued under this Section must meet
214214 2 any public health and safety standards and industry
215215 3 best practices established by the governmental unit by
216216 4 rule or ordinance;
217217 5 (G) a requirement that premises for which this
218218 6 license be issued have a designated smoke free area so
219219 7 employees of the facility can be isolated from
220220 8 cannabis smoke, vapor, and aerosols;
221221 9 (H) a requirement that premises for which this
222222 10 license be issued have a plan in place to prevent
223223 11 patrons under the age of 21 from accessing the
224224 12 consumption space; and
225225 13 (I) a requirement that licensees which qualify for
226226 14 Social Equity Applicant status found in the Cannabis
227227 15 Tax and Regulation Act have their licensing costs
228228 16 refunded.
229229 17 (2) The governmental unit may not adopt an ordinance
230230 18 or rule that:
231231 19 (A) prohibits a person who holds a license issued
232232 20 under this Section from adopting policies that allow
233233 21 persons attending the cannabis hospitality venue to
234234 22 bring cannabis, cannabis-infused products, or cannabis
235235 23 paraphernalia into the club;
236236 24 (B) imposes public health or safety standards on
237237 25 cannabis hospitality venues if those standards serve
238238 26 no purpose other than deterring the consumption of
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249249 1 cannabis or cannabis-infused products at the cannabis
250250 2 hospitality venue; or
251251 3 (C) prohibits the lawful preparation and sale of
252252 4 food and beverage or the lawful sale or rental of
253253 5 cannabis related paraphernalia so long as the cannabis
254254 6 hospitality venue is appropriately licensed and in
255255 7 compliance for such activities.
256256 8 (f) License fees assessed under this Section must be
257257 9 reasonably related to the cost of inspecting and regulating
258258 10 the cannabis hospitality venue.
259259 11 (g) Municipalities may choose to prohibit cannabis
260260 12 hospitality venues from serving alcoholic beverages.
261261 13 (h) Outside of areas defined by Section 10 and Section 15
262262 14 of this act, a municipality may allow the use of cannabis in
263263 15 places tobacco use is permitted by the Smoke Free Illinois
264264 16 Act.
265265 17 Section 20. Home rule. A home rule unit may not regulate or
266266 18 license temporary events or cannabis hospitality venues a
267267 19 manner inconsistent with this Act. This Act is a limitation
268268 20 under subsection (i) of Section 6 of Article VII of the
269269 21 Illinois Constitution on the concurrent exercise by home rule
270270 22 units of powers and functions exercised by the State.
271271 23 Section 90. The Smoke Free Illinois Act is amended by
272272 24 changing Section 35 as follows:
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283283 1 (410 ILCS 82/35)
284284 2 Sec. 35. Exemptions. Notwithstanding any other provision
285285 3 of this Act, smoking is allowed in the following areas:
286286 4 (1) Private residences or dwelling places, except when
287287 5 used as a child care, adult day care, or healthcare
288288 6 facility or any other home-based business open to the
289289 7 public.
290290 8 (2) Retail tobacco stores as defined in Section 10 of
291291 9 this Act in operation prior to January 1, 2008 (the
292292 10 effective date of Public Act 95-17). The retail tobacco
293293 11 store shall annually file with the Department by January
294294 12 31st an affidavit stating the percentage of its gross
295295 13 income during the prior calendar year that was derived
296296 14 from the sale of loose tobacco, plants, or herbs and
297297 15 cigars, cigarettes, pipes, or other smoking devices for
298298 16 smoking tobacco and related smoking accessories. Any
299299 17 retail tobacco store that begins operation after January
300300 18 1, 2008 (the effective date of Public Act 95-17) may only
301301 19 qualify for an exemption if located in a freestanding
302302 20 structure occupied solely by the business and smoke from
303303 21 the business does not migrate into an enclosed area where
304304 22 smoking is prohibited. A retail tobacco store that derives
305305 23 at least 80% of its gross revenue from the sale of
306306 24 electronic cigarettes and electronic cigarette equipment
307307 25 and accessories in operation before January 1, 2024 (the
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318318 1 effective date of Public Act 103-272) qualifies for this
319319 2 exemption for electronic cigarettes only. A retail tobacco
320320 3 store claiming an exemption for electronic cigarettes
321321 4 shall annually file with the Department by January 31 an
322322 5 affidavit stating the percentage of its gross income
323323 6 during the prior calendar year that was derived from the
324324 7 sale of electronic cigarettes. A retail tobacco store may,
325325 8 with authorization or permission from a unit of local
326326 9 government, including a home rule unit, or any non-home
327327 10 rule county within the unincorporated territory of the
328328 11 county, allow the on-premises consumption of cannabis in
329329 12 specially designated areas.
330330 13 (3) (Blank).
331331 14 (4) Hotel and motel sleeping rooms that are rented to
332332 15 guests and are designated as smoking rooms, provided that
333333 16 all smoking rooms on the same floor must be contiguous and
334334 17 smoke from these rooms must not infiltrate into nonsmoking
335335 18 rooms or other areas where smoking is prohibited. Not more
336336 19 than 25% of the rooms rented to guests in a hotel or motel
337337 20 may be designated as rooms where smoking is allowed. The
338338 21 status of rooms as smoking or nonsmoking may not be
339339 22 changed, except to permanently add additional nonsmoking
340340 23 rooms. Hotel and Motel establishments may also apply and
341341 24 be licensed under the provisions of the On-Premise
342342 25 Cannabis Consumption Act and may host consumption events
343343 26 as detailed in that Act.
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354354 1 (5) Enclosed laboratories that are excluded from the
355355 2 definition of "place of employment" in Section 10 of this
356356 3 Act. Rulemaking authority to implement Public Act 95-1029,
357357 4 if any, is conditioned on the rules being adopted in
358358 5 accordance with all provisions of the Illinois
359359 6 Administrative Procedure Act and all rules and procedures
360360 7 of the Joint Committee on Administrative Rules; any
361361 8 purported rule not so adopted, for whatever reason, is
362362 9 unauthorized.
363363 10 (6) Common smoking rooms in long-term care facilities
364364 11 operated under the authority of the Illinois Department of
365365 12 Veterans' Affairs or licensed under the Nursing Home Care
366366 13 Act that are accessible only to residents who are smokers
367367 14 and have requested in writing to have access to the common
368368 15 smoking room where smoking is permitted and the smoke
369369 16 shall not infiltrate other areas of the long-term care
370370 17 facility. Rulemaking authority to implement Public Act
371371 18 95-1029, if any, is conditioned on the rules being adopted
372372 19 in accordance with all provisions of the Illinois
373373 20 Administrative Procedure Act and all rules and procedures
374374 21 of the Joint Committee on Administrative Rules; any
375375 22 purported rule not so adopted, for whatever reason, is
376376 23 unauthorized.
377377 24 (7) A convention hall of the Donald E. Stephens
378378 25 Convention Center where a meeting or trade show for
379379 26 manufacturers and suppliers of tobacco and tobacco
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390390 1 products and accessories is being held, during the time
391391 2 the meeting or trade show is occurring, if the meeting or
392392 3 trade show:
393393 4 (i) is a trade-only event and not open to the
394394 5 public;
395395 6 (ii) is limited to attendees and exhibitors that
396396 7 are 21 years of age or older;
397397 8 (iii) is being produced or organized by a business
398398 9 relating to tobacco or a professional association for
399399 10 convenience stores; and
400400 11 (iv) involves the display of tobacco products.
401401 12 Smoking is not allowed in any public area outside of
402402 13 the hall designated for the meeting or trade show.
403403 14 This paragraph (7) is inoperative on and after October
404404 15 1, 2015.
405405 16 (8) A dispensing organization, as defined in the
406406 17 Cannabis Regulation and Tax Act, authorized or permitted
407407 18 by a unit local government to allow on-site consumption of
408408 19 cannabis, if the establishment: (1) maintains a specially
409409 20 designated area or areas for the purpose of heating,
410410 21 burning, smoking, or lighting cannabis; (2) is limited to
411411 22 individuals 21 or older; and (3) maintains a locked door
412412 23 or barrier to any specially designated areas for the
413413 24 purpose of heating, burning, smoking or lighting cannabis.
414414 25 (9) Temporary events or cannabis hospitality venues
415415 26 licensed under the On-Premise Cannabis Consumption Act.
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426426 1 (Source: P.A. 103-272, eff. 1-1-24; 103-605, eff. 7-1-24.)
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