Illinois General Assembly - Full Text of HB5523
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Full Text of HB5523  102nd General Assembly

HB5523 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5523

 

Introduced 1/31/2022, by Rep. La Shawn K. Ford

 

SYNOPSIS AS INTRODUCED:
 
New Act
410 ILCS 82/35
410 ILCS 705/10-25
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 24970 CPF 34225 b

 

 

A BILL FOR

 

HB5523LRB102 24970 CPF 34225 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.

 

 

HB5523- 2 -LRB102 24970 CPF 34225 b

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.

 

 

HB5523- 3 -LRB102 24970 CPF 34225 b

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

 

 

HB5523- 4 -LRB102 24970 CPF 34225 b

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            (H) a requirement that a licensee under this
8        Section meet the definition of a Social Equity
9        Applicant under the Cannabis Regulation and Tax Act.
10        (2) The governmental unit may not adopt an ordinance
11    or rule that:
12            (A) prohibits a person that holds a license issued
13        under this Section from adopting policies that allow
14        persons attending the temporary event to bring
15        cannabis, cannabis-infused products, or cannabis
16        paraphernalia into the temporary event; or
17            (B) imposes public health or safety standards on
18        temporary events if those standards serve no purpose
19        other than deterring the consumption of cannabis or
20        cannabis-infused products at a temporary event.
21    (f) License fees adopted under this Section must be
22reasonably related to the cost of inspecting and regulating
23the temporary event.
 
24    Section 15. Cannabis clubs.
25    (a) The consumption of cannabis or cannabis-infused

 

 

HB5523- 5 -LRB102 24970 CPF 34225 b

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

 

 

HB5523- 6 -LRB102 24970 CPF 34225 b

1    of licensure for a license;
2        (C) a restriction on the consumption of cannabis or
3    cannabis-infused products to designated enclosed areas of
4    a premises for which a license has been issued;
5        (D) a prohibition of the production, propagation, and
6    processing of cannabis, cannabis-infused products, or
7    cannabis paraphernalia on a premises for which a license
8    has been issued;
9        (E) a requirement that cannabis, cannabis-infused
10    products, or cannabis paraphernalia sold on a premises for
11    which a license has been issued shall be sold by a
12    dispensing organization;
13        (F) a requirement that each enclosed portion of a
14    premises for which a license has been issued under this
15    Section where cannabis or cannabis-infused products are
16    smoked, aerosolized, or vaporized must have a ventilation
17    system that:
18            (i) exhausts smoke, aerosols, and vapors from that
19        portion of the premises; and
20            (ii) is designed and terminated in accordance with
21        building code standards for the applicable occupancy
22        classification; and
23        (G) a requirement that a premises for which a license
24    has been issued under this Section must meet any public
25    health and safety standards and industry best practices
26    established by the governmental unit by rule or ordinance.

 

 

HB5523- 7 -LRB102 24970 CPF 34225 b

1        (H) a requirement that a licensee under this Section
2    meet the definition of a Social Equity Applicant under the
3    Cannabis Regulation and Tax Act.
4    (2) The governmental unit may not adopt an ordinance or
5rule that:
6        (A) prohibits a person that holds a license issued
7    under this Section from adopting policies that allow
8    persons present at the cannabis club to bring cannabis,
9    cannabis-infused products, or cannabis paraphernalia into
10    the cannabis club; or
11        (B) imposes public health or safety standards on
12    cannabis clubs if those standards serve no purpose other
13    than deterring the consumption of cannabis or
14    cannabis-infused products at a cannabis club.
15    (f) License fees adopted under this Section must be
16reasonably related to the cost of inspecting and regulating
17the cannabis club.
18    (g) If any provision of this Section conflicts with
19paragraph (8) of Section 35 of the Smoke Free Illinois Act
20relating to a dispensing organization, the provisions of
21paragraph (8) of Section 35 of the Smoke Free Illinois Act
22prevail.
 
23    Section 20. Cannabis tours.
24    (a) A craft grower or cultivation center may offer tours
25to the public of its licensed facility if the craft grower or

 

 

HB5523- 8 -LRB102 24970 CPF 34225 b

1cultivation center meets the definition of a Social Equity
2Applicant under the Cannabis Regulation and Tax Act.
3    (b) A tour may be offered only to persons who are 21 years
4of age or older.
5    (c) A craft grower or cultivation center that offers tours
6under this Section may enter into a contract with a dispensing
7organization to allow a dispensing organization agent to sell
8cannabis, cannabis-infused products, or cannabis paraphernalia
9during the tour on the premises of the craft grower or
10cultivation center offering the tour.
11    (d) The governmental unit may:
12        (1) require a craft grower or cultivation center to
13    submit to the governmental unit, in a form and manner
14    prescribed by the governmental unit, a plan that details
15    how the craft grower or cultivation center will:
16            (A) prevent persons who are under 21 years of age
17        from entering the premises of the craft grower or
18        cultivation center during a tour; and
19            (B) ensure the health and safety of persons taking
20        a tour; or
21        (2) adopt ordinances or rules as necessary to carry
22    out the provisions of this Section.
 
23    Section 25. Home rule. A home rule unit may not regulate or
24license temporary events, cannabis clubs, or cannabis tours in
25a manner inconsistent with this Act. This Act is a limitation

 

 

HB5523- 9 -LRB102 24970 CPF 34225 b

1under subsection (i) of Section 6 of Article VII of the
2Illinois Constitution on the concurrent exercise by home rule
3units of powers and functions exercised by the State.
 
4    Section 900. The Smoke Free Illinois Act is amended by
5changing Section 35 as follows:
 
6    (410 ILCS 82/35)
7    Sec. 35. Exemptions. Notwithstanding any other provision
8of this Act, smoking is allowed in the following areas:
9        (1) Private residences or dwelling places, except when
10    used as a child care, adult day care, or healthcare
11    facility or any other home-based business open to the
12    public.
13        (2) Retail tobacco stores as defined in Section 10 of
14    this Act in operation prior to the effective date of this
15    amendatory Act of the 95th General Assembly. The retail
16    tobacco store shall annually file with the Department by
17    January 31st an affidavit stating the percentage of its
18    gross income during the prior calendar year that was
19    derived from the sale of loose tobacco, plants, or herbs
20    and cigars, cigarettes, pipes, or other smoking devices
21    for smoking tobacco and related smoking accessories. Any
22    retail tobacco store that begins operation after the
23    effective date of this amendatory Act may only qualify for
24    an exemption if located in a freestanding structure

 

 

HB5523- 10 -LRB102 24970 CPF 34225 b

1    occupied solely by the business and smoke from the
2    business does not migrate into an enclosed area where
3    smoking is prohibited. A retail tobacco store may, with
4    authorization or permission from a unit of local
5    government, including a home rule unit, or any non-home
6    rule county within the unincorporated territory of the
7    county, allow the on-premises consumption of cannabis in a
8    specially designated areas.
9        (3) (Blank).
10        (4) Hotel and motel sleeping rooms that are rented to
11    guests and are designated as smoking rooms, provided that
12    all smoking rooms on the same floor must be contiguous and
13    smoke from these rooms must not infiltrate into nonsmoking
14    rooms or other areas where smoking is prohibited. Not more
15    than 25% of the rooms rented to guests in a hotel or motel
16    may be designated as rooms where smoking is allowed. The
17    status of rooms as smoking or nonsmoking may not be
18    changed, except to permanently add additional nonsmoking
19    rooms.
20        (5) Enclosed laboratories that are excluded from the
21    definition of "place of employment" in Section 10 of this
22    Act. Rulemaking authority to implement this amendatory Act
23    of the 95th General Assembly, if any, is conditioned on
24    the rules being adopted in accordance with all provisions
25    of the Illinois Administrative Procedure Act and all rules
26    and procedures of the Joint Committee on Administrative

 

 

HB5523- 11 -LRB102 24970 CPF 34225 b

1    Rules; any purported rule not so adopted, for whatever
2    reason, is unauthorized.
3        (6) Common smoking rooms in long-term care facilities
4    operated under the authority of the Illinois Department of
5    Veterans' Affairs or licensed under the Nursing Home Care
6    Act that are accessible only to residents who are smokers
7    and have requested in writing to have access to the common
8    smoking room where smoking is permitted and the smoke
9    shall not infiltrate other areas of the long-term care
10    facility. Rulemaking authority to implement this
11    amendatory Act of the 95th General Assembly, if any, is
12    conditioned on the rules being adopted in accordance with
13    all provisions of the Illinois Administrative Procedure
14    Act and all rules and procedures of the Joint Committee on
15    Administrative Rules; any purported rule not so adopted,
16    for whatever reason, is unauthorized.
17        (7) A convention hall of the Donald E. Stephens
18    Convention Center where a meeting or trade show for
19    manufacturers and suppliers of tobacco and tobacco
20    products and accessories is being held, during the time
21    the meeting or trade show is occurring, if the meeting or
22    trade show:
23            (i) is a trade-only event and not open to the
24        public;
25            (ii) is limited to attendees and exhibitors that
26        are 21 years of age or older;

 

 

HB5523- 12 -LRB102 24970 CPF 34225 b

1            (iii) is being produced or organized by a business
2        relating to tobacco or a professional association for
3        convenience stores; and
4            (iv) involves the display of tobacco products.
5        Smoking is not allowed in any public area outside of
6    the hall designated for the meeting or trade show.
7        This paragraph (7) is inoperative on and after October
8    1, 2015.
9        (8) A dispensing organization, as defined in the
10    Cannabis Regulation and Tax Act, authorized or permitted
11    by a unit local government to allow on-site consumption of
12    cannabis, if the establishment: (1) maintains a specially
13    designated area or areas for the purpose of heating,
14    burning, smoking, or lighting cannabis; (2) is limited to
15    individuals 21 or older; and (3) maintains a locked door
16    or barrier to any specially designated areas for the
17    purpose of heating, burning, smoking or lighting cannabis.
18        (9) Temporary events, cannabis clubs, or cannabis
19    tours licensed under the Local Cannabis Licensing Act.
20(Source: P.A. 101-593, eff. 12-4-19.)
 
21    Section 905. The Cannabis Regulation and Tax Act is
22amended by changing Sections 10-25, 10-35, and 55-25 as
23follows:
 
24    (410 ILCS 705/10-25)

 

 

HB5523- 13 -LRB102 24970 CPF 34225 b

1    Sec. 10-25. Immunities and presumptions related to the use
2of cannabis by purchasers.
3    (a) A purchaser who is 21 years of age or older is not
4subject to arrest, prosecution, denial of any right or
5privilege, or other punishment including, but not limited to,
6any civil penalty or disciplinary action taken by an
7occupational or professional licensing board, based solely on
8the use of cannabis if (1) the purchaser possesses an amount of
9cannabis that does not exceed the possession limit under
10Section 10-10 and, if the purchaser is licensed, certified, or
11registered to practice any trade or profession under any Act
12and (2) the use of cannabis does not impair that person when he
13or she is engaged in the practice of the profession for which
14he or she is licensed, certified, or registered.
15    (b) A purchaser 21 years of age or older is not subject to
16arrest, prosecution, denial of any right or privilege, or
17other punishment, including, but not limited to, any civil
18penalty or disciplinary action taken by an occupational or
19professional licensing board, based solely for (i) selling
20cannabis paraphernalia if employed and licensed as a
21dispensing agent by a dispensing organization; (ii) being in
22the presence or vicinity of the use of cannabis or cannabis
23paraphernalia as allowed under this Act; or (iii) possessing
24cannabis paraphernalia.
25    (c) Mere possession of, or application for, an agent
26identification card or license does not constitute probable

 

 

HB5523- 14 -LRB102 24970 CPF 34225 b

1cause or reasonable suspicion to believe that a crime has been
2committed, nor shall it be used as the sole basis to support
3the search of the person, property, or home of the person
4possessing or applying for the agent identification card. The
5possession of, or application for, an agent identification
6card does not preclude the existence of probable cause if
7probable cause exists based on other grounds.
8    (c-5) Except as provided in Section 11-205.15 of the
9Illinois Vehicle Code, in any criminal proceeding, no finding
10or determination of probable cause to believe a crime has been
11committed shall be based solely on evidence of the following
12facts and circumstances, either individually or in combination
13with each other: (i) the odor of cannabis; (ii) the odor of
14burnt cannabis; (iii) the possession or the suspicion of
15possession of cannabis in amount authorized under this Act;
16(iv) the possession of multiple containers of cannabis without
17evidence of cannabis in amounts in excess of those authorized
18by this Act; or (v) the presence of cash or currency in
19proximity to cannabis.
20    (d) No person employed by the State of Illinois shall be
21subject to criminal or civil penalties for taking any action
22in good faith in reliance on this Act when acting within the
23scope of his or her employment. Representation and
24indemnification shall be provided to State employees as set
25forth in Section 2 of the State Employee Indemnification Act.
26    (e) No law enforcement or correctional agency, nor any

 

 

HB5523- 15 -LRB102 24970 CPF 34225 b

1person employed by a law enforcement or correctional agency,
2shall be subject to criminal or civil liability, except for
3willful and wanton misconduct, as a result of taking any
4action within the scope of the official duties of the agency or
5person to prohibit or prevent the possession or use of
6cannabis by a person incarcerated at a correctional facility,
7jail, or municipal lockup facility, on parole or mandatory
8supervised release, or otherwise under the lawful jurisdiction
9of the agency or person.
10    (f) For purposes of receiving medical care, including
11organ transplants, a person's use of cannabis under this Act
12does not constitute the use of an illicit substance or
13otherwise disqualify a person from medical care.
14(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
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
25        qualifying patient or caregiver pursuant to the

 

 

HB5523- 16 -LRB102 24970 CPF 34225 b

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

 

 

HB5523- 17 -LRB102 24970 CPF 34225 b

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

 

 

HB5523- 18 -LRB102 24970 CPF 34225 b

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

 

 

HB5523- 19 -LRB102 24970 CPF 34225 b

1    (b) Nothing in this Act shall be construed to prevent the
2arrest or prosecution of a person for reckless driving or
3driving under the influence of cannabis, operating a
4watercraft under the influence of cannabis, or operating a
5snowmobile under the influence of cannabis if probable cause
6exists.
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;
16102-98, eff. 7-15-21.)
 
17    (410 ILCS 705/55-25)
18    Sec. 55-25. Local ordinances. Unless otherwise provided
19under this Act or under the Local Cannabis Licensing Act or
20otherwise in accordance with State law:
21        (1) A unit of local government, including a home rule
22    unit or any non-home rule county within the unincorporated
23    territory of the county, may enact reasonable zoning
24    ordinances or resolutions, not in conflict with this Act
25    or rules adopted pursuant to this Act, regulating cannabis

 

 

HB5523- 20 -LRB102 24970 CPF 34225 b

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

 

 

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

 

 

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1becoming law.