Bill Text: IL HB0314 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: 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.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced - Dead) 2022-02-18 - Rule 19(a) / Re-referred to Rules Committee [HB0314 Detail]

Download: Illinois-2021-HB0314-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB0314 Introduced , by Rep. Anthony DeLuca 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.
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A BILL FOR
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AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Cannabis Regulation and Tax Act is amended
by changing Section 55-25 as follows:
(410 ILCS 705/55-25)
Sec. 55-25. Local ordinances. Unless otherwise provided
under this Act or otherwise in accordance with State law:
(1) A unit of local government, including a home rule
unit or any non-home rule county within the unincorporated
territory of the county, may enact reasonable zoning
ordinances or resolutions, not in conflict with this Act
or rules adopted pursuant to this Act, regulating cannabis
business establishments. No unit of local government,
including a home rule unit or any non-home rule county
within the unincorporated territory of the county, may
prohibit home cultivation or unreasonably prohibit use of
cannabis authorized by this Act.
(2) A unit of local government, including a home rule
unit or any non-home rule county within the unincorporated
territory of the county, may enact ordinances or rules not
in conflict with this Act or with rules adopted pursuant
to this Act governing the time, place, manner, and number

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of cannabis business establishment operations, including
minimum distance limitations between cannabis business
establishments and locations it deems sensitive, including
colleges and universities, through the use of conditional
use permits. A unit of local government, including a home
rule unit, may establish civil penalties for violation of
an ordinance or rules governing the time, place, and
manner of operation of a cannabis business establishment
or a conditional use permit in the jurisdiction of the
unit of local government. No unit of local government,
including a home rule unit or non-home rule county within
an unincorporated territory of the county, may
unreasonably restrict the time, place, manner, and number
of cannabis business establishment operations authorized
by this Act.
(3) A unit of local government, including a home rule
unit, or any non-home rule county within the
unincorporated territory of the county may authorize or
permit the on-premises consumption of cannabis at or in a
dispensing organization or retail tobacco store (as
defined in Section 10 of the Smoke Free Illinois Act)
within its jurisdiction in a manner consistent with this
Act. A dispensing organization or retail tobacco store
authorized or permitted by a unit of local government to
allow on-site consumption shall not be deemed a public
place within the meaning of the Smoke Free Illinois Act.

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(4) A unit of local government, including a home rule
unit or any non-home rule county within the unincorporated
territory of the county, may not regulate the activities
described in paragraph (1), (2), or (3) in a manner more
restrictive than the regulation of those activities by the
State under this Act. 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. This Section is a limitation under
subsection (i) of Section 6 of Article VII of the Illinois
Constitution on the concurrent exercise by home rule units
of powers and functions exercised by the State.
(5) A unit of local government, including a home rule
unit or any non-home rule county within the unincorporated
territory of the county, may enact ordinances to prohibit
or significantly limit a cannabis business establishment's
location.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)