Full Text of HB4416 101st General Assembly
HB4416 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB4416 Introduced 2/3/2020, by Rep. Anthony DeLuca SYNOPSIS AS INTRODUCED: |
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Amends the Cannabis Regulation and Tax Act. Provides that a county may not authorize or permit the sale of adult-use cannabis within the 1.5 mile radius of contiguous unincorporated territory surrounding the corporate limits of a municipality that has prohibited the operation of adult-use cannabis dispensing organizations within the municipality.
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| | A BILL FOR |
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| | | HB4416 | | LRB101 16423 CPF 66582 b |
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| 1 | | AN ACT concerning health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Cannabis Regulation and Tax Act is amended | 5 | | by changing Section 55-25 as follows: | 6 | | (410 ILCS 705/55-25)
| 7 | | Sec. 55-25. Local ordinances. Unless otherwise provided | 8 | | under this Act or otherwise in accordance with State law: | 9 | | (1) A unit of local government, including a home rule | 10 | | unit or any non-home rule county within the unincorporated | 11 | | territory of the county, may enact reasonable zoning | 12 | | ordinances or resolutions, not in conflict with this Act or | 13 | | rules adopted pursuant to this Act, regulating cannabis | 14 | | business establishments. No unit of local government, | 15 | | including a home rule unit or any non-home rule county | 16 | | within the unincorporated territory of the county, may | 17 | | prohibit home cultivation or unreasonably prohibit use of | 18 | | cannabis authorized by this Act. | 19 | | (2) A unit of local government, including a home rule | 20 | | unit or any non-home rule county within the unincorporated | 21 | | territory of the county, may enact ordinances or rules not | 22 | | in conflict with this Act or with rules adopted pursuant to | 23 | | this Act governing the time, place, manner, and number of |
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| 1 | | cannabis business establishment operations, including | 2 | | minimum distance limitations between cannabis business | 3 | | establishments and locations it deems sensitive, including | 4 | | colleges and universities, through the use of conditional | 5 | | use permits. A unit of local government, including a home | 6 | | rule unit, may establish civil penalties for violation of | 7 | | an ordinance or rules governing the time, place, and manner | 8 | | of operation of a cannabis business establishment or a | 9 | | conditional use permit in the jurisdiction of the unit of | 10 | | local government. No unit of local government, including a | 11 | | home rule unit or non-home rule county within an | 12 | | unincorporated territory of the county, may unreasonably | 13 | | restrict the time, place, manner, and number of cannabis | 14 | | business establishment operations authorized by this Act. | 15 | | (3) A unit of local government, including a home rule | 16 | | unit, or any non-home rule county within the unincorporated | 17 | | territory of the county may authorize or permit the | 18 | | on-premises consumption of cannabis at or in a dispensing | 19 | | organization or retail tobacco store (as defined in Section | 20 | | 10 of the Smoke Free Illinois Act) within its jurisdiction | 21 | | in a manner consistent with this Act. A dispensing | 22 | | organization or retail tobacco store authorized or | 23 | | permitted by a unit of local government to allow on-site | 24 | | consumption shall not be deemed a public place within the | 25 | | meaning of the Smoke Free Illinois Act. | 26 | | (4) A unit of local government, including a home rule |
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| 1 | | unit or any non-home rule county within the unincorporated | 2 | | territory of the county, may not regulate the activities | 3 | | described in paragraph (1), (2), or (3) in a manner more | 4 | | restrictive than the regulation of those activities by the | 5 | | State under this Act. A county may not authorize or permit | 6 | | the sale of adult-use cannabis within the 1.5 mile radius | 7 | | of contiguous unincorporated territory surrounding the | 8 | | corporate limits of a municipality that has prohibited the | 9 | | operation of adult-use cannabis dispensing organizations | 10 | | within the municipality. This Section is a limitation under | 11 | | subsection (i) of Section 6 of Article VII of the Illinois | 12 | | Constitution on the concurrent exercise by home rule units | 13 | | of powers and functions exercised by the State. | 14 | | (5) A unit of local government, including a home rule | 15 | | unit or any non-home rule county within the unincorporated | 16 | | territory of the county, may enact ordinances to prohibit | 17 | | or significantly limit a cannabis business establishment's | 18 | | location.
| 19 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
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