HB4443 104TH GENERAL ASSEMBLY

LRB104 16268 BDA 29652 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4443

Introduced 1/20/2026, by Rep. La Shawn K. Ford

SYNOPSIS AS INTRODUCED:

30 ILCS 105/5.1038 new
30 ILCS 105/6z-112
410 ILCS 705/7-17 new

Amends the Cannabis Regulation and Tax Act. Creates the Illinois Future Fund as a special fund in the State treasury. Requires the Department of Human Services to establish the Direct Cash Assistance Program, which will provide qualifying individuals with a monthly cash payment of $500. Allows the Department of Human Services to adopt rules. Defines terms. Makes conforming changes in the State Finance Act regarding the Illinois Future Fund and further amends the Act in provisions regarding the Cannabis Regulation Fund. Provides that the 25% of the monthly amount transferred from the Cannabis Regulation Fund that is transferred to the Criminal Justice Information Projects Fund shall be changed, beginning July 1, 2027, according to the following schedule: (i) for the 2028 fiscal year, the excess between the amount transferred during the 2027 calendar year and the amount transferred in the 2026 calendar year shall be transferred from the Cannabis Regulation Fund to the Illinois Future Fund, and the remainder of the 25% of the monthly amount transferred from the Cannabis Regulation Fund shall be transferred to the Criminal Justice Information Projects Fund; (ii) for the 2029 fiscal year, only 20% shall be transferred to the Criminal Justice Information Projects Fund and 5% shall be transferred to the Illinois Future Fund; (iii) for the 2030 fiscal year, only 15% shall be transferred to the Criminal Justice Information Projects Fund and 10% shall be transferred to the Illinois Future Fund; (iv) for the 2031 fiscal year, only 10% shall be transferred to the Criminal Justice Information Projects Fund and 15% shall be transferred to the Illinois Future Fund; (v) for the 2032 fiscal year, only 5% shall be transferred to the Criminal Justice Information Projects Fund and 20% shall be transferred to the Illinois Future Fund; and (vi) for the 2033 fiscal year and all subsequent fiscal years, 25% shall be transferred to the Illinois Future Fund.

A BILL FOR

AN ACT concerning health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The State Finance Act is amended by adding Section 5.1038 and by changing Section 6z-112 as follows:

(30 ILCS 105/5.1038 new)

Sec. 5.1038. The Illinois Future Fund.

(30 ILCS 105/6z-112)

Sec. 6z-112. The Cannabis Regulation Fund.

(a) There is created the Cannabis Regulation Fund in the State treasury, subject to appropriations unless otherwise provided in this Section. All moneys collected under the Cannabis Regulation and Tax Act shall be deposited into the Cannabis Regulation Fund, consisting of taxes, license fees, other fees, and any other amounts required to be deposited or transferred into the Fund.

(b) Whenever the Department of Revenue determines that a refund should be made under the Cannabis Regulation and Tax Act to a claimant, the Department of Revenue shall submit a voucher for payment to the State Comptroller, who shall cause the order to be drawn for the amount specified and to the person named in the notification from the Department of Revenue. This subsection (b) shall constitute an irrevocable and continuing appropriation of all amounts necessary for the payment of refunds out of the Fund as authorized under this subsection (b).

(c) On or before the 25th day of each calendar month, the Department of Revenue shall prepare and certify to the State Comptroller the transfer and allocations of stated sums of money from the Cannabis Regulation Fund to other named funds in the State treasury. The amount subject to transfer shall be the amount of the taxes, license fees, other fees, and any other amounts paid into the Fund during the second preceding calendar month, minus the refunds made under subsection (b) during the second preceding calendar month by the Department. The transfers shall be certified as follows:

(1) The Department of Revenue shall first determine the allocations which shall remain in the Cannabis Regulation Fund, subject to appropriations, to pay for the direct and indirect costs associated with the implementation, administration, and enforcement of the Cannabis Regulation and Tax Act by the Department of Revenue, the Department of State Police, the Department of Financial and Professional Regulation, the Department of Agriculture, the Department of Public Health, the Department of Commerce and Economic Opportunity, and the Illinois Criminal Justice Information Authority.

(2) After the allocations have been made as provided in paragraph (1) of this subsection (c), of the remainder of the amount subject to transfer for the month as determined in this subsection (c), the Department shall certify the transfer into the Cannabis Expungement Fund 1/12 of the fiscal year amount appropriated from the Cannabis Expungement Fund for payment of costs incurred by State courts, the Attorney General, State's Attorneys, civil legal aid, as defined by Section 15 of the Public Interest Attorney Assistance Act, and the Department of State Police to facilitate petitions for expungement of Minor Cannabis Offenses pursuant to Public Act 101-27, as adjusted by any supplemental appropriation, plus cumulative deficiencies in such transfers for prior months.

(3) After the allocations have been made as provided in paragraphs (1) and (2) of this subsection (c), the Department of Revenue shall certify to the State Comptroller and the State Treasurer shall transfer the amounts that the Department of Revenue determines shall be transferred into the following named funds according to the following:

(A) 2% shall be transferred to the Drug Treatment Fund to be used by the Department of Human Services for: (i) developing and administering a scientifically and medically accurate public education campaign educating youth and adults about the health and safety risks of alcohol, tobacco, illegal drug use (including prescription drugs), and cannabis, including use by pregnant women; and (ii) data collection and analysis of the public health impacts of legalizing the recreational use of cannabis. Expenditures for these purposes shall be subject to appropriations.

(B) 8% shall be transferred to the Local Government Distributive Fund and allocated as provided in Section 2 of the State Revenue Sharing Act. The moneys shall be used to fund crime prevention programs, training, and interdiction efforts, including detection, enforcement, and prevention efforts, relating to the illegal cannabis market and driving under the influence of cannabis.

(C) 25% shall be transferred to either the Criminal Justice Information Projects Fund or the Illinois Future Fund according to the following schedule:

(i) Until the fiscal year beginning July 1, 2027, 25% shall be transferred to the Criminal Justice Information Projects Fund to be used for the purposes of the Restore, Reinvest, and Renew Program to address economic development, violence prevention services, re-entry services, youth development, and civil legal aid, as defined by Section 15 of the Public Interest Attorney Assistance Act. The Restore, Reinvest, and Renew Program shall address these issues through targeted investments and intervention programs and promotion of an employment infrastructure and capacity building related to the social determinants of health in impacted community areas. Expenditures for these purposes shall be subject to appropriations.

(ii) For the fiscal year beginning July 1, 2027, the Department of Revenue shall first calculate the total amount transferred under subdivision (i) of this subparagraph (C) during the calendar year 2026. If the amount of revenue transferred during the 2027 calendar year exceeds the total amount transferred in the 2026 calendar year, the amount of that excess shall be transferred from the Cannabis Regulation Fund to the Illinois Future Fund for the purposes described in Section 7-17 of the Cannabis Regulation and Tax Act. The remainder of the 25% under this subparagraph (C) shall be transferred to the Criminal Justice Information Projects Fund to be used for the purposes of the Restore, Reinvest, and Renew Program to address economic development, violence prevention services, re-entry services, youth development, and civil legal aid, as defined by Section 15 of the Public Interest Attorney Assistance Act. The Restore, Reinvest, and Renew Program shall address these issues through targeted investments and intervention programs and promotion of an employment infrastructure and capacity building related to the social determinants of health in impacted community areas.

(iii) For the fiscal year beginning July 1, 2028, 20% shall be transferred to the Criminal Justice Information Projects Fund to be used for the purposes of the Restore, Reinvest, and Renew Program to address economic development, violence prevention services, re-entry services, youth development, and civil legal aid, as defined by Section 15 of the Public Interest Attorney Assistance Act. The Restore, Reinvest, and Renew Program shall address these issues through targeted investments and intervention programs and promotion of an employment infrastructure and capacity building related to the social determinants of health in impacted community areas. Additionally, 5% shall be transferred to the Illinois Future Fund for the purposes described in Section 7-17 of the Cannabis Regulation and Tax Act.

(iv) For the fiscal year beginning July 1, 2029, 15% shall be transferred to the Criminal Justice Information Projects Fund to be used for the purposes of the Restore, Reinvest, and Renew Program to address economic development, violence prevention services, re-entry services, youth development, and civil legal aid, as defined by Section 15 of the Public Interest Attorney Assistance Act. The Restore, Reinvest, and Renew Program shall address these issues through targeted investments and intervention programs and promotion of an employment infrastructure and capacity building related to the social determinants of health in impacted community areas. Additionally, 10% shall be transferred to the Illinois Future Fund for the purposes described in Section 7-17 of the Cannabis Regulation and Tax Act.

(v) For the fiscal year beginning July 1, 2030, 10% shall be transferred to the Criminal Justice Information Projects Fund to be used for the purposes of the Restore, Reinvest, and Renew Program to address economic development, violence prevention services, re-entry services, youth development, and civil legal aid, as defined by Section 15 of the Public Interest Attorney Assistance Act. The Restore, Reinvest, and Renew Program shall address these issues through targeted investments and intervention programs and promotion of an employment infrastructure and capacity building related to the social determinants of health in impacted community areas. Additionally, 15% shall be transferred to the Illinois Future Fund for the purposes described in Section 7-17 of the Cannabis Regulation and Tax Act.

(vi) For the fiscal year beginning July 1, 2031, 5% shall be transferred to the Criminal Justice Information Projects Fund to be used for the purposes of the Restore, Reinvest, and Renew Program to address economic development, violence prevention services, re-entry services, youth development, and civil legal aid, as defined by Section 15 of the Public Interest Attorney Assistance Act. The Restore, Reinvest, and Renew Program shall address these issues through targeted investments and intervention programs and promotion of an employment infrastructure and capacity building related to the social determinants of health in impacted community areas. Additionally, 20% shall be transferred to the Illinois Future Fund for the purposes described in Section 7-17 of the Cannabis Regulation and Tax Act.

(vii) For the fiscal year beginning July 1, 2032, and for all subsequent fiscal years, 25% shall be transferred to the Illinois Future Fund for the purposes described in Section 7-17 of the Cannabis Regulation and Tax Act.

(D) 20% shall be transferred to the Department of Human Services Community Services Fund, to be used to address substance abuse and prevention and mental health concerns, including treatment, education, and prevention to address the negative impacts of substance abuse and mental health issues, including concentrated poverty, violence, and the historical overuse of criminal justice responses in certain communities, on the individual, family, and community, including federal, State, and local governments, health care institutions and providers, and correctional facilities. Expenditures for these purposes shall be subject to appropriations.

(E) 10% shall be transferred to the Budget Stabilization Fund.

(F) 35%, or any remaining balance, shall be transferred to the General Revenue Fund.

As soon as may be practical, but no later than 10 days after receipt, by the State Comptroller of the transfer certification provided for in this subsection (c) to be given to the State Comptroller by the Department of Revenue, the State Comptroller shall direct and the State Treasurer shall transfer the respective amounts in accordance with the directions contained in such certification.

(d) On July 1, 2019 the Department of Revenue shall certify to the State Comptroller and the State Treasurer shall transfer $5,000,000 from the Compassionate Use of Medical Cannabis Fund to the Cannabis Regulation Fund.

(e) Notwithstanding any other law to the contrary and except as otherwise provided in this Section, this Fund is not subject to sweeps, administrative charge-backs, or any other fiscal or budgetary maneuver that would in any way transfer any amounts from this Fund into any other fund of the State.

(f) The Cannabis Regulation Fund shall retain a balance of $1,000,000 for the purposes of administrative costs.

(g) In Fiscal Year 2024 the allocations in subsection (c) of this Section shall be reviewed and adjusted if the General Assembly finds there is a greater need for funding for a specific purpose in the State as it relates to Public Act 101-27.

(Source: P.A. 101-27, eff. 6-25-19; 102-558, eff. 8-20-21.)

Section 10. The Cannabis Regulation and Tax Act is amended by adding Section 7-17 as follows:

(410 ILCS 705/7-17 new)

Sec. 7-17. Illinois Future Fund and Direct Cash Assistance Program.

(a) Definitions. As used in this Section:

"Disproportionately impacted area" has the meaning ascribed to it in Section 1-10 of this Act.

"Illinois Future Fund" means the special fund created under subsection (b) of this Section.

"Qualifying individual" means an individual (1) who resides within a disproportionately impacted area, as defined in Section 1-10 of this Act, and (2) who is currently eligible to receive benefits under SNAP or who was determined eligible for such benefits at any point during the 2025 calendar year.

"SNAP" means the federal Supplemental Nutrition Assistance Program.

(b) There is created in the State treasury a special fund to be known as the Illinois Future Fund. All moneys deposited into this Fund shall be exclusively used by the Department of Human Services for the purpose of the Direct Cash Assistance Program established under subsection (c) of this Section, including necessary administrative costs that shall not exceed 3% of the total funds allocated in any fiscal year.

(c) The Department of Human Services shall establish and administer the Direct Cash Assistance Program to provide unconditional cash payments to qualifying individuals in disproportionately impacted areas.

(1) The purpose of this Direct Cash Assistance Program is to further the original legislative intent of the Restore, Reinvest, and Renew Program by directly providing reparations and economic stability to the communities and residents most impacted by historical economic disinvestment and the criminalization of cannabis.

(2) Subject to available funds, each qualifying individual shall receive a monthly cash payment of $500.

(3) The Department of Human Services shall use existing data from SNAP and shall establish a simple, accessible process for individuals to verify their current or 2025 eligibility for SNAP benefits to qualify for the Direct Cash Assistance Program.

(4) If the total funds available in the Illinois Future Fund are insufficient to provide the monthly cash payments to all qualifying individuals, the Department shall implement a fair, random lottery system to select the recipients of the monthly payments. The Department shall prioritize continuous payments to existing recipients before conducting lotteries for new slots.

(d) The Department of Human Services may adopt rules in conformity with this Section.