101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5472

 

Introduced , 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 governmental unit (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.


LRB101 20538 AWJ 70152 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5472LRB101 20538 AWJ 70152 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 age
11    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 event
16    is to be conducted.
17    (d) The premises at which an applicant intends to conduct a
18temporary 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 elementary
22    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    Before a governmental unit may issue any temporary event
2license under this Section, the governmental unit must adopt an
3ordinance which includes:
4        (1) application and licensure fees for a license issued
5    under this Section;
6        (2) the maximum term of a license issued under this
7    Section;
8        (3) a prohibition on licenses issued under this Section
9    from being continuously issued for a single location;
10        (4) a requirement that sold on a premises for which a
11    license has been issued under this Section will be sold by
12    a cannabis business establishment;
13        (5) allowing the consumption of cannabis or
14    cannabis-infused products in designated areas of a
15    premises for which a license has been issued under this
16    Section;
17        (6) a requirement that each enclosed portion of a
18    premises for which a license has been issued under this
19    Section where cannabis or cannabis-infused products are
20    smoked, aerosolized, or vaporized must have a ventilation
21    system that:
22            (A) exhausts smoke, aerosols, and vapors from that
23        portion of the premises; and
24            (B) is designed and terminated in accordance with
25        building code standards for the applicable occupancy
26        classification; and

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1Licensing Act.
2    (b) Nothing in this Act shall be construed to prevent the
3arrest or prosecution of a person for reckless driving or
4driving under the influence of cannabis, operating a watercraft
5under the influence of cannabis, or operating a snowmobile
6under the influence of cannabis if probable cause exists.
7    (c) Nothing in this Act shall prevent a private business
8from restricting or prohibiting the use of cannabis on its
9property, including areas where motor vehicles are parked.
10    (d) Nothing in this Act shall require an individual or
11business entity to violate the provisions of federal law,
12including colleges or universities that must abide by the
13Drug-Free Schools and Communities Act Amendments of 1989, that
14require campuses to be drug free.
15(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
16    (410 ILCS 705/55-25)
17    Sec. 55-25. Local ordinances. Unless otherwise provided
18under this Act or under the Local Cannabis Licensing Act or
19otherwise in accordance with State law:
20        (1) A unit of local government, including a home rule
21    unit or any non-home rule county within the unincorporated
22    territory of the county, may enact reasonable zoning
23    ordinances or resolutions, not in conflict with this Act or
24    rules adopted pursuant to this Act, regulating cannabis
25    business establishments. No unit of local government,

 

 

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

 

 

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1    on-premises consumption of cannabis at or in a dispensing
2    organization or retail tobacco store (as defined in Section
3    10 of the Smoke Free Illinois Act) within its jurisdiction
4    in a manner consistent with this Act. A dispensing
5    organization or retail tobacco store authorized or
6    permitted by a unit of local government to allow on-site
7    consumption shall not be deemed a public place within the
8    meaning of the Smoke Free Illinois Act.
9        (4) 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 not regulate the activities
12    described in paragraph (1), (2), or (3) in a manner more
13    restrictive than the regulation of those activities by the
14    State under this Act. This Section is a limitation under
15    subsection (i) of Section 6 of Article VII of the Illinois
16    Constitution on the concurrent exercise by home rule units
17    of powers and functions exercised by the State.
18        (5) A unit of local government, including a home rule
19    unit or any non-home rule county within the unincorporated
20    territory of the county, may enact ordinances to prohibit
21    or significantly limit a cannabis business establishment's
22    location.
23(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
24    Section 999. Effective date. This Act takes effect upon
25becoming law.