Illinois General Assembly - Full Text of HB0144
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Full Text of HB0144  102nd General Assembly

HB0144 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0144

 

Introduced 1/14/2021, by Rep. Sonya M. Harper

 

SYNOPSIS AS INTRODUCED:
 
New Act
410 ILCS 82/35
410 ILCS 705/10-35
410 ILCS 705/55-25

    Creates the Local Cannabis Licensing Act. Provides that a county or municipality may issue licenses for temporary events, cannabis clubs, and cannabis tours that will allow for the sale and consumption of cannabis or cannabis-infused products and for the sale of cannabis paraphernalia at such temporary events, clubs, or tours. Allows tours of cannabis craft grower or cultivation center facilities. Requires ordinances with specified regulations of such temporary events, cannabis clubs, and cannabis tours before any licenses are issued. Limits home rule powers. Amends the Cannabis Regulation and Tax Act and Smoke Free Illinois Act making conforming changes. Effective immediately.


LRB102 10060 CPF 15380 b

FISCAL NOTE ACT MAY APPLY
HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0144LRB102 10060 CPF 15380 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 1. Short title. This Act may be cited as the Local
5Cannabis Licensing Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Cannabis business establishment", "cannabis",
8"cannabis-infused product", "cannabis paraphernalia", "craft
9grower", "cultivation center", "dispensing organization", and
10"dispensing organization agent" have the meanings given to
11those terms in the Cannabis Regulation and Tax Act.
12    "Cannabis club" means a public or private restaurant, bar,
13or other business licensed under Section 15 that allows
14communal consumption of cannabis or cannabis-infused products
15on premises.
16    "Governmental unit" means a county or municipality.
 
17    Section 10. Temporary event licenses.
18    (a) The consumption and sale of cannabis, cannabis-infused
19products, or cannabis paraphernalia at a temporary event is
20subject to regulation by a municipality, for events within the
21municipality, and a county, for events outside of a
22municipality.

 

 

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1    (b) A person conducting a temporary event for the
2consumption and sale of cannabis, cannabis-infused products,
3or cannabis paraphernalia must hold a temporary event license
4issued by the governmental unit for the premises at which the
5temporary event is conducted.
6    (c) An applicant for a temporary event license under this
7Section must:
8        (1) apply for the license in the manner required by
9    ordinance of the governmental unit;
10        (2) provide proof that the applicant is 21 years of
11    age or older; and
12        (3) submit a plan to the governmental unit, in a form
13    and manner prescribed by the governmental unit, detailing
14    how persons under 21 years of age will be prevented from
15    gaining access to the premises at which the temporary
16    event is to be conducted.
17    (d) The premises at which an applicant intends to conduct
18a temporary event may not be located:
19        (1) in an area that is zoned exclusively for
20    residential use; or
21        (2) within 1,000 feet of a public or private
22    elementary or secondary school.
23    (e) An applicant for a temporary event license under this
24Section and the premises at which the temporary event is to be
25conducted must meet the requirements of any ordinance adopted
26by the governmental unit under this subsection.

 

 

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1        (1) Before a governmental unit may issue any temporary
2    event license under this Section, the governmental unit
3    must adopt an ordinance that includes:
4            (A) application and licensure fees for a license
5        issued under this Section;
6            (B) the maximum term of a license issued under
7        this Section;
8            (C) a prohibition on licenses issued under this
9        Section from being continuously issued for a single
10        location;
11            (D) a requirement that cannabis sold on a premises
12        for which a license has been issued under this Section
13        will be sold by a cannabis business establishment;
14            (E) allowing the consumption of cannabis or
15        cannabis-infused products in designated areas of a
16        premises for which a license has been issued under
17        this Section;
18            (F) a requirement that each enclosed portion of a
19        premises for which a license has been issued under
20        this Section where cannabis or cannabis-infused
21        products are smoked, aerosolized, or vaporized must
22        have a ventilation system that:
23                (i) exhausts smoke, aerosols, and vapors from
24            that portion of the premises; and
25                (ii) is designed and terminated in accordance
26            with building code standards for the applicable

 

 

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1            occupancy classification; and
2            (G) a requirement that a premises for which a
3        license has been issued under this Section must meet
4        any public health and safety standards and industry
5        best practices established by the governmental unit by
6        rule or ordinance.
7        (2) The governmental unit may not adopt an ordinance
8    or rule that:
9            (A) prohibits a person that holds a license issued
10        under this Section from adopting policies that allow
11        persons attending the temporary event to bring
12        cannabis, cannabis-infused products, or cannabis
13        paraphernalia into the temporary event; or
14            (B) imposes public health or safety standards on
15        temporary events if those standards serve no purpose
16        other than deterring the consumption of cannabis or
17        cannabis-infused products at a temporary event.
18    (f) License fees adopted under this Section must be
19reasonably related to the cost of inspecting and regulating
20the temporary event.
 
21    Section 15. Cannabis clubs.
22    (a) The consumption of cannabis or cannabis-infused
23products at a cannabis club is subject to regulation by a
24municipality, for cannabis clubs within the municipality, and
25a county, for cannabis clubs outside of a municipality.

 

 

HB0144- 5 -LRB102 10060 CPF 15380 b

1    (b) A person operating a cannabis club must hold a
2cannabis club license issued by the governmental unit for the
3premises at which the consumption occurs.
4    (c) An applicant for a cannabis club license under this
5Section must:
6        (1) apply for the license in the manner required by
7    ordinance of the governmental unit; and
8        (2) provide proof that the applicant is 21 years of
9    age or older.
10    (d) The premises at which an applicant intends to have a
11cannabis club may not be located:
12        (1) in an area that is zoned exclusively for
13    residential use; or
14        (2) within 1,000 feet of a public or private
15    elementary or secondary school.
16    (e)(1) An applicant for a cannabis club license under this
17Section and the premises at which the cannabis club is to be
18located must meet the requirements of any ordinance adopted by
19the governmental unit under this subsection. The ordinance
20must include:
21        (A) a requirement that a person that holds a license
22    must renew the license annually;
23        (B) fees for the application, licensure, and renewal
24    of licensure for a license;
25        (C) a restriction on the consumption of cannabis or
26    cannabis-infused products to designated enclosed areas of

 

 

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1    a premises for which a license has been issued;
2        (D) a prohibition of the production, propagation, and
3    processing of cannabis, cannabis-infused products, or
4    cannabis paraphernalia on a premises for which a license
5    has been issued;
6        (E) a requirement that cannabis, cannabis-infused
7    products, or cannabis paraphernalia sold on a premises for
8    which a license has been issued shall be sold by a
9    dispensing organization;
10        (F) a requirement that each enclosed portion of a
11    premises for which a license has been issued under this
12    Section where cannabis or cannabis-infused products are
13    smoked, aerosolized, or vaporized must have a ventilation
14    system that:
15            (i) exhausts smoke, aerosols, and vapors from that
16        portion of the premises; and
17            (ii) is designed and terminated in accordance with
18        building code standards for the applicable occupancy
19        classification; and
20        (G) a requirement that a premises for which a license
21    has been issued under this Section must meet any public
22    health and safety standards and industry best practices
23    established by the governmental unit by rule or ordinance.
24    (2) The governmental unit may not adopt an ordinance or
25rule that:
26        (A) prohibits a person that holds a license issued

 

 

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1    under this Section from adopting policies that allow
2    persons present at the cannabis club to bring cannabis,
3    cannabis-infused products, or cannabis paraphernalia into
4    the cannabis club; or
5        (B) imposes public health or safety standards on
6    cannabis clubs if those standards serve no purpose other
7    than deterring the consumption of cannabis or
8    cannabis-infused products at a cannabis club.
9    (f) License fees adopted under this Section must be
10reasonably related to the cost of inspecting and regulating
11the cannabis club.
12    (g) If any provision of this Section conflicts with
13paragraph (8) of Section 35 of the Smoke Free Illinois Act
14relating to a dispensing organization, the provisions of
15paragraph (8) of Section 35 of the Smoke Free Illinois Act
16prevail.
 
17    Section 20. Cannabis tours.
18    (a) A craft grower or cultivation center may offer tours
19to the public of its licensed facility.
20    (b) A tour may be offered only to persons who are 21 years
21of age or older.
22    (c) A craft grower or cultivation center that offers tours
23under this Section may enter into a contract with a dispensing
24organization to allow a dispensing organization agent to sell
25cannabis, cannabis-infused products, or cannabis paraphernalia

 

 

HB0144- 8 -LRB102 10060 CPF 15380 b

1during the tour on the premises of the craft grower or
2cultivation center offering the tour.
3    (d) The governmental unit may:
4        (1) require a craft grower or cultivation center to
5    submit to the governmental unit, in a form and manner
6    prescribed by the governmental unit, a plan that details
7    how the craft grower or cultivation center will:
8            (A) prevent persons who are under 21 years of age
9        from entering the premises of the craft grower or
10        cultivation center during a tour; and
11            (B) ensure the health and safety of persons taking
12        a tour; or
13        (2) adopt ordinances or rules as necessary to carry
14    out the provisions of this Section.
 
15    Section 25. Home rule. A home rule unit may not regulate or
16license temporary events, cannabis clubs, or cannabis tours in
17a manner inconsistent with this Act. This Act is a limitation
18under subsection (i) of Section 6 of Article VII of the
19Illinois Constitution on the concurrent exercise by home rule
20units of powers and functions exercised by the State.
 
21    Section 900. The Smoke Free Illinois Act is amended by
22changing Section 35 as follows:
 
23    (410 ILCS 82/35)

 

 

HB0144- 9 -LRB102 10060 CPF 15380 b

1    Sec. 35. Exemptions. Notwithstanding any other provision
2of this Act, smoking is allowed in the following areas:
3        (1) Private residences or dwelling places, except when
4    used as a child care, adult day care, or healthcare
5    facility or any other home-based business open to the
6    public.
7        (2) Retail tobacco stores as defined in Section 10 of
8    this Act in operation prior to the effective date of this
9    amendatory Act of the 95th General Assembly. The retail
10    tobacco store shall annually file with the Department by
11    January 31st an affidavit stating the percentage of its
12    gross income during the prior calendar year that was
13    derived from the sale of loose tobacco, plants, or herbs
14    and cigars, cigarettes, pipes, or other smoking devices
15    for smoking tobacco and related smoking accessories. Any
16    retail tobacco store that begins operation after the
17    effective date of this amendatory Act may only qualify for
18    an exemption if located in a freestanding structure
19    occupied solely by the business and smoke from the
20    business does not migrate into an enclosed area where
21    smoking is prohibited. A retail tobacco store may, with
22    authorization or permission from a unit of local
23    government, including a home rule unit, or any non-home
24    rule county within the unincorporated territory of the
25    county, allow the on-premises consumption of cannabis in a
26    specially designated areas.

 

 

HB0144- 10 -LRB102 10060 CPF 15380 b

1        (3) (Blank).
2        (4) Hotel and motel sleeping rooms that are rented to
3    guests and are designated as smoking rooms, provided that
4    all smoking rooms on the same floor must be contiguous and
5    smoke from these rooms must not infiltrate into nonsmoking
6    rooms or other areas where smoking is prohibited. Not more
7    than 25% of the rooms rented to guests in a hotel or motel
8    may be designated as rooms where smoking is allowed. The
9    status of rooms as smoking or nonsmoking may not be
10    changed, except to permanently add additional nonsmoking
11    rooms.
12        (5) Enclosed laboratories that are excluded from the
13    definition of "place of employment" in Section 10 of this
14    Act. Rulemaking authority to implement this amendatory Act
15    of the 95th General Assembly, if any, is conditioned on
16    the rules being adopted in accordance with all provisions
17    of the Illinois Administrative Procedure Act and all rules
18    and procedures of the Joint Committee on Administrative
19    Rules; any purported rule not so adopted, for whatever
20    reason, is unauthorized.
21        (6) Common smoking rooms in long-term care facilities
22    operated under the authority of the Illinois Department of
23    Veterans' Affairs or licensed under the Nursing Home Care
24    Act that are accessible only to residents who are smokers
25    and have requested in writing to have access to the common
26    smoking room where smoking is permitted and the smoke

 

 

HB0144- 11 -LRB102 10060 CPF 15380 b

1    shall not infiltrate other areas of the long-term care
2    facility. Rulemaking authority to implement this
3    amendatory Act of the 95th General Assembly, if any, is
4    conditioned on the rules being adopted in accordance with
5    all provisions of the Illinois Administrative Procedure
6    Act and all rules and procedures of the Joint Committee on
7    Administrative Rules; any purported rule not so adopted,
8    for whatever reason, is unauthorized.
9        (7) A convention hall of the Donald E. Stephens
10    Convention Center where a meeting or trade show for
11    manufacturers and suppliers of tobacco and tobacco
12    products and accessories is being held, during the time
13    the meeting or trade show is occurring, if the meeting or
14    trade show:
15            (i) is a trade-only event and not open to the
16        public;
17            (ii) is limited to attendees and exhibitors that
18        are 21 years of age or older;
19            (iii) is being produced or organized by a business
20        relating to tobacco or a professional association for
21        convenience stores; and
22            (iv) involves the display of tobacco products.
23        Smoking is not allowed in any public area outside of
24    the hall designated for the meeting or trade show.
25        This paragraph (7) is inoperative on and after October
26    1, 2015.

 

 

HB0144- 12 -LRB102 10060 CPF 15380 b

1        (8) A dispensing organization, as defined in the
2    Cannabis Regulation and Tax Act, authorized or permitted
3    by a unit local government to allow on-site consumption of
4    cannabis, if the establishment: (1) maintains a specially
5    designated area or areas for the purpose of heating,
6    burning, smoking, or lighting cannabis; (2) is limited to
7    individuals 21 or older; and (3) maintains a locked door
8    or barrier to any specially designated areas for the
9    purpose of heating, burning, smoking or lighting cannabis.
10        (9) Temporary events, cannabis clubs, or cannabis
11    tours licensed under the Local Cannabis Licensing Act.
12(Source: P.A. 101-593, eff. 12-4-19.)
 
13    Section 905. The Cannabis Regulation and Tax Act is
14amended by changing Sections 10-35 and 55-25 as follows:
 
15    (410 ILCS 705/10-35)
16    Sec. 10-35. Limitations and penalties.
17    (a) This Act does not permit any person to engage in, and
18does not prevent the imposition of any civil, criminal, or
19other penalties for engaging in, any of the following conduct:
20        (1) undertaking any task under the influence of
21    cannabis when doing so would constitute negligence,
22    professional malpractice, or professional misconduct;
23        (2) possessing cannabis:
24            (A) in a school bus, unless permitted for a

 

 

HB0144- 13 -LRB102 10060 CPF 15380 b

1        qualifying patient or caregiver pursuant to the
2        Compassionate Use of Medical Cannabis Program Act;
3            (B) on the grounds of any preschool or primary or
4        secondary school, unless permitted for a qualifying
5        patient or caregiver pursuant to the Compassionate Use
6        of Medical Cannabis Program Act;
7            (C) in any correctional facility;
8            (D) in a vehicle not open to the public unless the
9        cannabis is in a reasonably secured, sealed container
10        and reasonably inaccessible while the vehicle is
11        moving; or
12            (E) in a private residence that is used at any time
13        to provide licensed child care or other similar social
14        service care on the premises;
15        (3) using cannabis:
16            (A) in a school bus, unless permitted for a
17        qualifying patient or caregiver pursuant to the
18        Compassionate Use of Medical Cannabis Program Act;
19            (B) on the grounds of any preschool or primary or
20        secondary school, unless permitted for a qualifying
21        patient or caregiver pursuant to the Compassionate Use
22        of Medical Cannabis Program Act;
23            (C) in any correctional facility;
24            (D) in any motor vehicle;
25            (E) in a private residence that is used at any time
26        to provide licensed child care or other similar social

 

 

HB0144- 14 -LRB102 10060 CPF 15380 b

1        service care on the premises;
2            (F) in any public place; or
3            (G) knowingly in close physical proximity to
4        anyone under 21 years of age who is not a registered
5        medical cannabis patient under the Compassionate Use
6        of Medical Cannabis Program Act;
7        (4) smoking cannabis in any place where smoking is
8    prohibited under the Smoke Free Illinois Act;
9        (5) operating, navigating, or being in actual physical
10    control of any motor vehicle, aircraft, watercraft, or
11    snowmobile while using or under the influence of cannabis
12    in violation of Section 11-501 or 11-502.1 of the Illinois
13    Vehicle Code, Section 5-16 of the Boat Registration and
14    Safety Act, or Section 5-7 of the Snowmobile Registration
15    and Safety Act;
16        (6) facilitating the use of cannabis by any person who
17    is not allowed to use cannabis under this Act or the
18    Compassionate Use of Medical Cannabis Program Act;
19        (7) transferring cannabis to any person contrary to
20    this Act or the Compassionate Use of Medical Cannabis
21    Program Act;
22        (8) the use of cannabis by a law enforcement officer,
23    corrections officer, probation officer, or firefighter
24    while on duty; nothing in this Act prevents a public
25    employer of law enforcement officers, corrections
26    officers, probation officers, paramedics, or firefighters

 

 

HB0144- 15 -LRB102 10060 CPF 15380 b

1    from prohibiting or taking disciplinary action for the
2    consumption, possession, sales, purchase, or delivery of
3    cannabis or cannabis-infused substances while on or off
4    duty, unless provided for in the employer's policies.
5    However, an employer may not take adverse employment
6    action against an employee based solely on the lawful
7    possession or consumption of cannabis or cannabis-infused
8    substances by members of the employee's household. To the
9    extent that this Section conflicts with any applicable
10    collective bargaining agreement, the provisions of the
11    collective bargaining agreement shall prevail. Further,
12    nothing in this Act shall be construed to limit in any way
13    the right to collectively bargain over the subject matters
14    contained in this Act; or
15        (9) the use of cannabis by a person who has a school
16    bus permit or a Commercial Driver's License while on duty.
17    As used in this Section, "public place" means any place
18where a person could reasonably be expected to be observed by
19others. "Public place" includes all parts of buildings owned
20in whole or in part, or leased, by the State or a unit of local
21government. "Public place" includes all areas in a park,
22recreation area, wildlife area, or playground owned in whole
23or in part, leased, or managed by the State or a unit of local
24government. "Public place" does not include: a private
25residence unless the private residence is used to provide
26licensed child care, foster care, or other similar social

 

 

HB0144- 16 -LRB102 10060 CPF 15380 b

1service care on the premises; or a temporary event, a cannabis
2club, or a cannabis tour licensed under the Local Cannabis
3Licensing Act.
4    (b) Nothing in this Act shall be construed to prevent the
5arrest or prosecution of a person for reckless driving or
6driving under the influence of cannabis, operating a
7watercraft under the influence of cannabis, or operating a
8snowmobile under the influence of cannabis if probable cause
9exists.
10    (c) Nothing in this Act shall prevent a private business
11from restricting or prohibiting the use of cannabis on its
12property, including areas where motor vehicles are parked.
13    (d) Nothing in this Act shall require an individual or
14business entity to violate the provisions of federal law,
15including colleges or universities that must abide by the
16Drug-Free Schools and Communities Act Amendments of 1989, that
17require campuses to be drug free.
18(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
19    (410 ILCS 705/55-25)
20    Sec. 55-25. Local ordinances. Unless otherwise provided
21under this Act or under the Local Cannabis Licensing Act or
22otherwise in accordance with State law:
23        (1) A unit of local government, including a home rule
24    unit or any non-home rule county within the unincorporated
25    territory of the county, may enact reasonable zoning

 

 

HB0144- 17 -LRB102 10060 CPF 15380 b

1    ordinances or resolutions, not in conflict with this Act
2    or rules adopted pursuant to this Act, regulating cannabis
3    business establishments. No unit of local government,
4    including a home rule unit or any non-home rule county
5    within the unincorporated territory of the county, may
6    prohibit home cultivation or unreasonably prohibit use of
7    cannabis authorized by this Act.
8        (2) A unit of local government, including a home rule
9    unit or any non-home rule county within the unincorporated
10    territory of the county, may enact ordinances or rules not
11    in conflict with this Act or with rules adopted pursuant
12    to this Act governing the time, place, manner, and number
13    of cannabis business establishment operations, including
14    minimum distance limitations between cannabis business
15    establishments and locations it deems sensitive, including
16    colleges and universities, through the use of conditional
17    use permits. A unit of local government, including a home
18    rule unit, may establish civil penalties for violation of
19    an ordinance or rules governing the time, place, and
20    manner of operation of a cannabis business establishment
21    or a conditional use permit in the jurisdiction of the
22    unit of local government. No unit of local government,
23    including a home rule unit or non-home rule county within
24    an unincorporated territory of the county, may
25    unreasonably restrict the time, place, manner, and number
26    of cannabis business establishment operations authorized

 

 

HB0144- 18 -LRB102 10060 CPF 15380 b

1    by this Act.
2        (3) A unit of local government, including a home rule
3    unit, or any non-home rule county within the
4    unincorporated territory of the county may authorize or
5    permit the on-premises consumption of cannabis at or in a
6    dispensing organization or retail tobacco store (as
7    defined in Section 10 of the Smoke Free Illinois Act)
8    within its jurisdiction in a manner consistent with this
9    Act. A dispensing organization or retail tobacco store
10    authorized or permitted by a unit of local government to
11    allow on-site consumption shall not be deemed a public
12    place within the meaning of the Smoke Free Illinois Act.
13        (4) A unit of local government, including a home rule
14    unit or any non-home rule county within the unincorporated
15    territory of the county, may not regulate the activities
16    described in paragraph (1), (2), or (3) in a manner more
17    restrictive than the regulation of those activities by the
18    State under this Act. This Section is a limitation under
19    subsection (i) of Section 6 of Article VII of the Illinois
20    Constitution on the concurrent exercise by home rule units
21    of powers and functions exercised by the State.
22        (5) A unit of local government, including a home rule
23    unit or any non-home rule county within the unincorporated
24    territory of the county, may enact ordinances to prohibit
25    or significantly limit a cannabis business establishment's
26    location.

 

 

HB0144- 19 -LRB102 10060 CPF 15380 b

1(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
2    Section 999. Effective date. This Act takes effect upon
3becoming law.