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Recent laws may not yet be included in the ILCS database, but they are found on this site as
Public
Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the
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statutory changes are sometimes included in the statute database before they take effect.
If the source note at the end of a Section of the statutes includes a Public Act that has
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(410 ILCS 705/10-35)
Sec. 10-35. Limitations and penalties. (a) This Act does not permit any person to engage in, and does not prevent the imposition of any civil, criminal, or other penalties for engaging in, any of the following conduct: (1) undertaking any task under the influence of |
| cannabis when doing so would constitute negligence, professional malpractice, or professional misconduct;
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(2) possessing cannabis:
(A) in a school bus, unless permitted for a
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| qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Program Act;
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(B) on the grounds of any preschool or primary or
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| secondary school, unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Program Act;
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(C) in any correctional facility;
(D) in a vehicle not open to the public unless
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| the cannabis is in a reasonably secured, sealed or resealable container and reasonably inaccessible while the vehicle is moving; or
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(E) in a private residence that is used at any
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| time to provide licensed child care or other similar social service care on the premises;
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(3) using cannabis:
(A) in a school bus, unless permitted for a
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| qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Program Act;
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(B) on the grounds of any preschool or primary or
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| secondary school, unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Program Act;
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(C) in any correctional facility;
(D) in any motor vehicle;
(E) in a private residence that is used at any
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| time to provide licensed child care or other similar social service care on the premises;
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(F) in any public place; or
(G) knowingly in close physical proximity to
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| anyone under 21 years of age who is not a registered medical cannabis patient under the Compassionate Use of Medical Cannabis Program Act;
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(4) smoking cannabis in any place where smoking is
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| prohibited under the Smoke Free Illinois Act;
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(5) operating, navigating, or being in actual
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| physical control of any motor vehicle, aircraft, watercraft, or snowmobile while using or under the influence of cannabis in violation of Section 11-501 or 11-502.1 of the Illinois Vehicle Code, Section 5-16 of the Boat Registration and Safety Act, or Section 5-7 of the Snowmobile Registration and Safety Act;
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(6) facilitating the use of cannabis by any person
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| who is not allowed to use cannabis under this Act or the Compassionate Use of Medical Cannabis Program Act;
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(7) transferring cannabis to any person contrary to
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| this Act or the Compassionate Use of Medical Cannabis Program Act;
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(8) the use of cannabis by a law enforcement officer,
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| corrections officer, probation officer, or firefighter while on duty; nothing in this Act prevents a public employer of law enforcement officers, corrections officers, probation officers, paramedics, or firefighters from prohibiting or taking disciplinary action for the consumption, possession, sales, purchase, or delivery of cannabis or cannabis-infused substances while on or off duty, unless provided for in the employer's policies. However, an employer may not take adverse employment action against an employee based solely on the lawful possession or consumption of cannabis or cannabis-infused substances by members of the employee's household. To the extent that this Section conflicts with any applicable collective bargaining agreement, the provisions of the collective bargaining agreement shall prevail. Further, nothing in this Act shall be construed to limit in any way the right to collectively bargain over the subject matters contained in this Act; or
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(9) the use of cannabis by a person who has a school
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| bus permit or a Commercial Driver's License while on duty.
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As used in this Section, "public place" means any place where a person could reasonably be expected to be observed by others. "Public place" includes all parts of buildings owned in whole or in part, or leased, by the State or a unit of local government. "Public place" includes all areas in a park, recreation area, wildlife area, or playground owned in whole or in part, leased, or managed by the State or a unit of local government. "Public place" does not include a private residence unless the private residence is used to provide licensed child care, foster care, or other similar social service care on the premises.
(b) Nothing in this Act shall be construed to prevent the arrest or prosecution of a person for reckless driving or driving under the influence of cannabis, operating a watercraft under the influence of cannabis, or operating a snowmobile under the influence of cannabis if probable cause exists.
(c) Nothing in this Act shall prevent a private business from restricting or prohibiting the use of cannabis on its property, including areas where motor vehicles are parked.
(d) Nothing in this Act shall require an individual or business entity to violate the provisions of federal law, including colleges or universities that must abide by the Drug-Free Schools and Communities Act Amendments of 1989, that require campuses to be drug free.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 102-98, eff. 7-15-21.)
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