103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3939

 

Introduced 2/17/2023, by Rep. Sonya M. Harper

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/5-1126.5 new
65 ILCS 5/11-42-10.3 new

    Amends the Counties Code and the Illinois Municipal Code. Provides that the corporate authorities of a county or municipality may license or regulate businesses operating as a public accommodation that permit the consumption of cannabis on the business premises and that are not regulated under the Cannabis Regulation and Tax Act. Provides an exemption from a provision of the Cannabis Regulation and Tax Act. Defines "public accommodation". Effective immediately.


LRB103 31037 SPS 57655 b

 

 

A BILL FOR

 

HB3939LRB103 31037 SPS 57655 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by adding Section
55-1126.5 as follows:
 
6    (55 ILCS 5/5-1126.5 new)
7    Sec. 5-1126.5. Cannabis consumption. The county board may
8license or regulate businesses operating as a public
9accommodation that permit the consumption of cannabis on the
10business premises and that are not regulated under the
11Cannabis Regulation and Tax Act. The consumption of cannabis
12under this Section is exempt from the provisions of
13subparagraph (F) of paragraph (3) of subsection (a) of Section
1410-35 of the Cannabis Regulation and Tax Act. For purposes of
15this Section, "public accommodation" means a refreshment,
16entertainment, or recreation facility of any kind, whether
17licensed or not, whose goods, services, facilities,
18privileges, or advantages are extended, offered, sold, or
19otherwise made available to the public.
 
20    Section 10. The Illinois Municipal Code is amended by
21adding Section 11-42-10.3 as follows:
 

 

 

HB3939- 2 -LRB103 31037 SPS 57655 b

1    (65 ILCS 5/11-42-10.3 new)
2    Sec. 11-42-10.3. Cannabis consumption. The corporate
3authorities of each municipality may license or regulate
4businesses operating as a public accommodation that permit the
5consumption of cannabis on the business premises and that are
6not regulated under the Cannabis Regulation and Tax Act. The
7consumption of cannabis under this Section is exempt from the
8provisions of subparagraph (F) of paragraph (3) of subsection
9(a) of Section 10-35 of the Cannabis Regulation and Tax Act.
10For purposes of this Section, "public accommodation" means a
11refreshment, entertainment, or recreation facility of any
12kind, whether licensed or not, whose goods, services,
13facilities, privileges, or advantages are extended, offered,
14sold, or otherwise made available to the public.
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.