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

SB0042sam001 102ND GENERAL ASSEMBLY

Sen. Donald P. DeWitte

Filed: 3/10/2021

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 42

2    AMENDMENT NO. ______. Amend Senate Bill 42 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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

 

 

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1    dispensing organization or retail tobacco store (as
2    defined in Section 10 of the Smoke Free Illinois Act)
3    within its jurisdiction in a manner consistent with this
4    Act. A dispensing organization or retail tobacco store
5    authorized or permitted by a unit of local government to
6    allow on-site consumption shall not be deemed a public
7    place within the meaning of the Smoke Free Illinois Act.
8        (4) 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 not regulate the activities
11    described in paragraph (1), (2), or (3) in a manner more
12    restrictive than the regulation of those activities by the
13    State under this Act. A county may not authorize or permit
14    the sale of adult use cannabis by any adult use cannabis
15    dispensing organization in unincorporated territory that
16    is within 1.5 miles of the corporate limits of a
17    municipality that has prohibited the operation of adult
18    use cannabis dispensing organizations within the
19    municipality. This Section is a limitation under
20    subsection (i) of Section 6 of Article VII of the Illinois
21    Constitution on the concurrent exercise by home rule units
22    of powers and functions exercised by the State.
23        (5) 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 ordinances to prohibit
26    or significantly limit a cannabis business establishment's

 

 

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1    location.
2(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)".