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Sen. Rachel Ventura
Filed: 3/3/2023
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| 1 | | AMENDMENT TO SENATE BILL 125
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 125 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Illinois Vehicle Code is amended by |
| 5 | | changing Sections 11-502.1 and 11-502.15 as follows:
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| 6 | | (625 ILCS 5/11-502.1) |
| 7 | | Sec. 11-502.1. Possession of medical cannabis in a motor |
| 8 | | vehicle. |
| 9 | | (a) No driver, who is a medical cannabis cardholder, may |
| 10 | | use medical cannabis within the passenger area of any motor |
| 11 | | vehicle upon a highway in this State. |
| 12 | | (b) No driver, who is a medical cannabis cardholder, a |
| 13 | | medical cannabis designated caregiver, medical cannabis |
| 14 | | cultivation center agent, or dispensing organization agent may |
| 15 | | possess medical cannabis within any area of any motor vehicle |
| 16 | | upon a highway in this State except in a secured, sealed or |
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| 1 | | resealable, odor-proof, and child-resistant medical cannabis |
| 2 | | container that is inaccessible. |
| 3 | | (c) No passenger, who is a medical cannabis card holder, a |
| 4 | | medical cannabis designated caregiver, or medical cannabis |
| 5 | | dispensing organization agent may possess medical cannabis |
| 6 | | within any passenger area of any motor vehicle upon a highway |
| 7 | | in this State except in a secured, sealed or resealable, |
| 8 | | odor-proof, and child-resistant medical cannabis container |
| 9 | | that is inaccessible. |
| 10 | | (d) Any person who violates subsections (a) through (c) of |
| 11 | | this Section: |
| 12 | | (1) commits a Class A misdemeanor; |
| 13 | | (2) shall be subject to revocation of his or her |
| 14 | | medical cannabis card for a period of 2 years from the end |
| 15 | | of the sentence imposed; and |
| 16 | | (3) shall be subject to revocation of his or her |
| 17 | | status as a medical cannabis caregiver, medical cannabis |
| 18 | | cultivation center agent, or medical cannabis dispensing |
| 19 | | organization agent for a period of 2 years from the end of |
| 20 | | the sentence imposed.
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| 21 | | (Source: P.A. 101-27, eff. 6-25-19; 102-98, eff. 7-15-21; |
| 22 | | 102-558, eff. 8-20-21.)
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| 23 | | (625 ILCS 5/11-502.15) |
| 24 | | Sec. 11-502.15. Possession of adult use cannabis in a |
| 25 | | motor vehicle. |
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| 1 | | (a) No driver may use cannabis within the passenger area |
| 2 | | of any motor vehicle upon a highway in this State. |
| 3 | | (b) No driver may possess cannabis within any area of any |
| 4 | | motor vehicle upon a highway in this State except in a secured, |
| 5 | | sealed or resealable, odor-proof, child-resistant cannabis |
| 6 | | container that is inaccessible. |
| 7 | | (c) No passenger may possess cannabis within any passenger |
| 8 | | area of any motor vehicle upon a highway in this State except |
| 9 | | in a secured, sealed or resealable, odor-proof, |
| 10 | | child-resistant cannabis container that is inaccessible. |
| 11 | | (d) Any person who knowingly violates subsection (a), (b), |
| 12 | | or (c) of this Section commits a Class A misdemeanor. |
| 13 | | (e) The odor of burnt or raw cannabis in a motor vehicle by |
| 14 | | itself shall not constitute probable cause for the search of a |
| 15 | | motor vehicle, vehicle operator, or passengers in the vehicle.
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| 16 | | (Source: P.A. 101-27, eff. 6-25-19; 102-98, eff. 7-15-21.)".
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