Illinois General Assembly - Full Text of SB0042
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Full Text of SB0042  102nd General Assembly

SB0042 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0042

 

Introduced 1/29/2021, by Sen. Donald P. DeWitte

 

SYNOPSIS AS INTRODUCED:
 
410 ILCS 705/55-25

    Amends the Cannabis Regulation and Tax Act. Provides that a county may not authorize or permit the sale of adult-use cannabis in any unincorporated territory that is within 1.5 miles of the corporate limits of a municipality that has prohibited the operation of adult-use cannabis dispensing organizations within the municipality.


LRB102 02731 CPF 12734 b

 

 

A BILL FOR

 

SB0042LRB102 02731 CPF 12734 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Cannabis Regulation and Tax Act is amended
5by changing Section 55-25 as follows:
 
6    (410 ILCS 705/55-25)
7    Sec. 55-25. Local ordinances. Unless otherwise provided
8under 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
13    or 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
23    to this Act governing the time, place, manner, and number

 

 

SB0042- 2 -LRB102 02731 CPF 12734 b

1    of 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
8    manner of operation of a cannabis business establishment
9    or a conditional use permit in the jurisdiction of the
10    unit of local government. No unit of local government,
11    including a home rule unit or non-home rule county within
12    an unincorporated territory of the county, may
13    unreasonably restrict the time, place, manner, and number
14    of cannabis business establishment operations authorized
15    by this Act.
16        (3) A unit of local government, including a home rule
17    unit, or any non-home rule county within the
18    unincorporated territory of the county may authorize or
19    permit the on-premises consumption of cannabis at or in a
20    dispensing organization or retail tobacco store (as
21    defined in Section 10 of the Smoke Free Illinois Act)
22    within its jurisdiction in a manner consistent with this
23    Act. A dispensing organization or retail tobacco store
24    authorized or permitted by a unit of local government to
25    allow on-site consumption shall not be deemed a public
26    place within the meaning of the Smoke Free Illinois Act.

 

 

SB0042- 3 -LRB102 02731 CPF 12734 b

1        (4) A unit of local government, including a home rule
2    unit or any non-home rule county within the unincorporated
3    territory of the county, may not regulate the activities
4    described in paragraph (1), (2), or (3) in a manner more
5    restrictive than the regulation of those activities by the
6    State under this Act. A county may not authorize or permit
7    the sale of adult-use cannabis in any unincorporated
8    territory that is within 1.5 miles of the corporate limits
9    of a municipality that has prohibited the operation of
10    adult-use cannabis dispensing organizations within the
11    municipality. This Section is a limitation under
12    subsection (i) of Section 6 of Article VII of the Illinois
13    Constitution on the concurrent exercise by home rule units
14    of powers and functions exercised by the State.
15        (5) 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 enact ordinances to prohibit
18    or significantly limit a cannabis business establishment's
19    location.
20(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)