Bill Text: IL HB3883 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Creates the First Responder Cannabis Testing Act. Provides that, before a first responder may be tested for any substance prohibited by the Cannabis Control Act, the person ordering the test must demonstrate there is cause for testing, such as an actual suspicion that the first responder is currently intoxicated with a substance prohibited under the Cannabis Control Act or there was vehicular crash or other accident at work that may have been caused by intoxication with a substance prohibited under the Cannabis Control Act. Provides that a test administered to detect any substance prohibited under the Cannabis Control Act shall be a saliva-based test and may not be a urine, blood, or hair follicle test. Provides that, if a first responder tests positive for any substance prohibited under the Cannabis Control Act, that first responder may be discharged only if there is evidence that the first responder was intoxicated with a substance prohibited under the Cannabis Control Act immediately prior to the start of or during the first responder's shift. Limits the concurrent exercise of home rule powers. Makes conforming changes in the Illinois State Police Act, the Compassionate Use of Medical Cannabis Program Act, and the Cannabis Regulation and Tax Act.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-03-10 - Rule 19(a) / Re-referred to Rules Committee [HB3883 Detail]

Download: Illinois-2023-HB3883-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3883 Introduced , by Rep. Michael J. Kelly SYNOPSIS AS INTRODUCED:
New Act
20 ILCS 2610/12.5
410 ILCS 130/30
410 ILCS 705/10-35
Creates the First Responder Cannabis Testing Act. Provides that, before a first responder may be tested for any substance prohibited by the Cannabis Control Act, the person ordering the test must demonstrate there is cause for testing, such as an actual suspicion that the first responder is currently intoxicated with a substance prohibited under the Cannabis Control Act or there was vehicular crash or other accident at work that may have been caused by intoxication with a substance prohibited under the Cannabis Control Act. Provides that a test administered to detect any substance prohibited under the Cannabis Control Act shall be a saliva-based test and may not be a urine, blood, or hair follicle test. Provides that, if a first responder tests positive for any substance prohibited under the Cannabis Control Act, that first responder may be discharged only if there is evidence that the first responder was intoxicated with a substance prohibited under the Cannabis Control Act immediately prior to the start of or during the first responder's shift. Limits the concurrent exercise of home rule powers. Makes conforming changes in the Illinois State Police Act, the Compassionate Use of Medical Cannabis Program Act, and the Cannabis Regulation and Tax Act.
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A BILL FOR
HB3883 LRB103 30421 AWJ 56851 b
AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the First
Responder Cannabis Testing Act.
Section 5. Definitions. As used in this Act:
"Emergency medical personnel" has the meaning given to
that term in Section 3.5 of the Emergency Medical Services
(EMS) Systems Act.
"First responder" means a law enforcement officer,
firefighter, emergency medical services personnel, or public
safety telecommunicator.
"Law enforcement officer" has the meaning given to that
term in Section 5 of the Law Enforcement Officer Bulletproof
Vest Act.
"Public safety telecommunicator" has the meaning given to
that term in Section 2 of the Emergency Telephone Systems Act.
Section 10. Employee testing.
(a) Before a first responder may be tested for any
substance prohibited under the Cannabis Control Act, the
person ordering the test must demonstrate there is cause for
testing, such as an actual suspicion that the first responder

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is currently intoxicated with a substance prohibited by the
Cannabis Control Act or there was an vehicular crash or other
accident at work that may have been caused by intoxication
with a substance prohibited under the Cannabis Control Act.
(b) A test administered to detect any substance prohibited
under the Cannabis Control Act under this Section shall be a
saliva-based test and may not be a urine, blood, or hair
follicle test.
Section 15. Positive test. If a first responder tests
positive for any substance prohibited under the Cannabis
Control Act, that first responder may be discharged only if
there is evidence that the first responder was intoxicated
with a substance prohibited under the Cannabis Control Act
immediately prior to the start of or during the first
responder's shift.
Section 20. Conflict with other laws. To the extent this
Act conflicts with any other provision of law, this Act
controls.
Section 25. Home rule. A home rule unit may not regulate
drug testing in a manner inconsistent with this Act. This Act
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

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State.
Section 30. The Illinois State Police Act is amended by
changing Section 12.5 as follows:
(20 ILCS 2610/12.5)
Sec. 12.5. Drug Zero tolerance drug policy. Any person
employed by the Illinois State Police who tests positive in
accordance with established Illinois State Police drug testing
procedures for any substance prohibited by the Illinois
Controlled Substances Act or the Methamphetamine Control and
Community Protection Act shall be discharged from employment.
Testing Any person employed by the Illinois State Police who
tests positive in accordance with established Illinois State
Police drug testing procedures for any substance prohibited by
the Cannabis Control Act and disciplinary actions for a
positive test must be conducted in accordance with the First
Responder Cannabis Testing Act may be discharged from
employment. Refusal to submit to a drug test, ordered in
accordance with Illinois State Police procedures, by any
person employed by the Illinois State Police shall be
construed as a positive test, and the person shall be
discharged from employment. The changes made in this Section
by this amendatory Act of the 100th General Assembly shall
apply to all pending and future incidents under this Section.
(Source: P.A. 102-538, eff. 8-20-21.)

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Section 35. The Compassionate Use of Medical Cannabis
Program Act is amended by changing Section 30 as follows:
(410 ILCS 130/30)
Sec. 30. Limitations and penalties.
(a) This Act does not permit any person to engage in, and
does not prevent the imposition of any civil, criminal, or
other penalties for engaging in, the following conduct:
(1) Undertaking any task under the influence of
cannabis, when doing so would constitute negligence,
professional malpractice, or professional misconduct;
(2) Possessing cannabis:
(A) except as provided under Section 22-33 of the
School Code, in a school bus;
(B) except as provided under Section 22-33 of the
School Code, on the grounds of any preschool or
primary or secondary school;
(C) in any correctional facility;
(D) in a vehicle under Section 11-502.1 of the
Illinois Vehicle Code;
(E) in a vehicle not open to the public unless the
medical cannabis is in a reasonably secured, sealed
container and reasonably inaccessible while the
vehicle is moving; or
(F) in a private residence that is used at any time

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to provide licensed child care or other similar social
service care on the premises;
(3) Using cannabis:
(A) except as provided under Section 22-33 of the
School Code, in a school bus;
(B) except as provided under Section 22-33 of the
School Code, on the grounds of any preschool or
primary or secondary school;
(C) in any correctional facility;
(D) in any motor vehicle;
(E) in a private residence that is used at any time
to provide licensed child care or other similar social
service care on the premises;
(F) except as provided under Section 22-33 of the
School Code and Section 31 of this Act, in any public
place. "Public place" as used in this subsection means
any place where an individual could reasonably be
expected to be observed by others. A "public place"
includes all parts of buildings owned in whole or in
part, or leased, by the State or a local unit of
government. A "public place" does not include a
private residence unless the private residence is used
to provide licensed child care, foster care, or other
similar social service care on the premises. For
purposes of this subsection, a "public place" does not
include a health care facility. For purposes of this

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Section, a "health care facility" includes, but is not
limited to, hospitals, nursing homes, hospice care
centers, and long-term care facilities;
(G) except as provided under Section 22-33 of the
School Code and Section 31 of this Act, knowingly in
close physical proximity to anyone under the age of 18
years of age;
(4) Smoking medical cannabis in any public place where
an individual could reasonably be expected to be observed
by others, in a health care facility, or any other place
where smoking is prohibited under the Smoke Free Illinois
Act;
(5) Operating, navigating, or being in actual physical
control of any motor vehicle, aircraft, or motorboat while
using or under the influence of cannabis in violation of
Sections 11-501 and 11-502.1 of the Illinois Vehicle Code;
(6) Using or possessing cannabis if that person does
not have a debilitating medical condition and is not a
registered qualifying patient or caregiver;
(7) Allowing any person who is not allowed to use
cannabis under this Act to use cannabis that a cardholder
is allowed to possess under this Act;
(8) Transferring cannabis to any person contrary to
the provisions of this Act;
(9) The use of medical cannabis by an active duty law
enforcement officer, correctional officer, correctional

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probation officer, or firefighter, except as limited by
the First Responder Cannabis Testing Act; or
(10) The use of medical cannabis by a person who has a
school bus permit or a Commercial Driver's License.
(b) Nothing in this Act shall be construed to prevent the
arrest or prosecution of a registered qualifying patient for
reckless driving or driving under the influence of cannabis
where probable cause exists.
(c) Notwithstanding any other criminal penalties related
to the unlawful possession of cannabis, knowingly making a
misrepresentation to a law enforcement official of any fact or
circumstance relating to the medical use of cannabis to avoid
arrest or prosecution is a petty offense punishable by a fine
of up to $1,000, which shall be in addition to any other
penalties that may apply for making a false statement or for
the use of cannabis other than use undertaken under this Act.
(d) Notwithstanding any other criminal penalties related
to the unlawful possession of cannabis, any person who makes a
misrepresentation of a medical condition to a certifying
health care professional or fraudulently provides material
misinformation to a certifying health care professional in
order to obtain a written certification is guilty of a petty
offense punishable by a fine of up to $1,000.
(e) Any cardholder or registered caregiver who sells
cannabis shall have his or her registry identification card
revoked and is subject to other penalties for the unauthorized

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sale of cannabis.
(f) Any registered qualifying patient who commits a
violation of Section 11-502.1 of the Illinois Vehicle Code or
refuses a properly requested test related to operating a motor
vehicle while under the influence of cannabis shall have his
or her registry identification card revoked.
(g) No registered qualifying patient or designated
caregiver shall knowingly obtain, seek to obtain, or possess,
individually or collectively, an amount of usable cannabis
from a registered medical cannabis dispensing organization
that would cause him or her to exceed the authorized adequate
supply under subsection (a) of Section 10.
(h) Nothing in this Act shall prevent a private business
from restricting or prohibiting the medical use of cannabis on
its property.
(i) Nothing in this Act shall prevent a university,
college, or other institution of post-secondary education from
restricting or prohibiting the use of medical cannabis on its
property.
(Source: P.A. 101-363, eff. 8-9-19; 102-67, eff. 7-9-21.)
Section 40. The Cannabis Regulation and Tax Act is amended
by changing Section 10-35 as follows:
(410 ILCS 705/10-35)
Sec. 10-35. Limitations and penalties.

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(a) This Act does not permit any person to engage in, and
does not prevent the imposition of any civil, criminal, or
other penalties for engaging in, any of the following conduct:
(1) undertaking any task under the influence of
cannabis when doing so would constitute negligence,
professional malpractice, or professional misconduct;
(2) possessing cannabis:
(A) in a school bus, unless permitted for a
qualifying patient or caregiver pursuant to the
Compassionate Use of Medical Cannabis Program Act;
(B) on the grounds of any preschool or primary or
secondary school, unless permitted for a qualifying
patient or caregiver pursuant to the Compassionate Use
of Medical Cannabis Program Act;
(C) in any correctional facility;
(D) in a vehicle not open to the public unless the
cannabis is in a reasonably secured, sealed or
resealable container and reasonably inaccessible while
the vehicle is moving; or
(E) in a private residence that is used at any time
to provide licensed child care or other similar social
service care on the premises;
(3) using cannabis:
(A) in a school bus, unless permitted for a
qualifying patient or caregiver pursuant to the
Compassionate Use of Medical Cannabis Program Act;

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(B) on the grounds of any preschool or primary or
secondary school, unless permitted for a qualifying
patient or caregiver pursuant to the Compassionate Use
of Medical Cannabis Program Act;
(C) in any correctional facility;
(D) in any motor vehicle;
(E) in a private residence that is used at any time
to provide licensed child care or other similar social
service care on the premises;
(F) in any public place; or
(G) knowingly in close physical proximity to
anyone under 21 years of age who is not a registered
medical cannabis patient under the Compassionate Use
of Medical Cannabis Program Act;
(4) smoking cannabis in any place where smoking is
prohibited under the Smoke Free Illinois Act;
(5) operating, navigating, or being in actual physical
control of any motor vehicle, aircraft, watercraft, or
snowmobile while using or under the influence of cannabis
in violation of Section 11-501 or 11-502.1 of the Illinois
Vehicle Code, Section 5-16 of the Boat Registration and
Safety Act, or Section 5-7 of the Snowmobile Registration
and Safety Act;
(6) facilitating the use of cannabis by any person who
is not allowed to use cannabis under this Act or the
Compassionate Use of Medical Cannabis Program Act;

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(7) transferring cannabis to any person contrary to
this Act or the Compassionate Use of Medical Cannabis
Program Act;
(8) the use of cannabis by a law enforcement officer,
corrections officer, probation officer, or firefighter
while on duty; nothing in this Act prevents a public
employer of law enforcement officers, corrections
officers, probation officers, paramedics, or firefighters
from prohibiting or taking disciplinary action for the
consumption, possession, sales, purchase, or delivery of
cannabis or cannabis-infused substances while on or off
duty, unless provided for in the employer's policies and
except as limited by the First Responder Cannabis Testing
Act. However, an employer may not take adverse employment
action against an employee based solely on the lawful
possession or consumption of cannabis or cannabis-infused
substances by members of the employee's household. To the
extent that this Section conflicts with any applicable
collective bargaining agreement, the provisions of the
collective bargaining agreement shall prevail. Further,
nothing in this Act shall be construed to limit in any way
the right to collectively bargain over the subject matters
contained in this Act; or
(9) the use of cannabis by a person who has a school
bus permit or a Commercial Driver's License while on duty.
As used in this Section, "public place" means any place

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where a person could reasonably be expected to be observed by
others. "Public place" includes all parts of buildings owned
in whole or in part, or leased, by the State or a unit of local
government. "Public place" includes all areas in a park,
recreation area, wildlife area, or playground owned in whole
or in part, leased, or managed by the State or a unit of local
government. "Public place" does not include a private
residence unless the private residence is used to provide
licensed child care, foster care, or other similar social
service care on the premises.
(b) Nothing in this Act shall be construed to prevent the
arrest or prosecution of a person for reckless driving or
driving under the influence of cannabis, operating a
watercraft under the influence of cannabis, or operating a
snowmobile under the influence of cannabis if probable cause
exists.
(c) Nothing in this Act shall prevent a private business
from restricting or prohibiting the use of cannabis on its
property, including areas where motor vehicles are parked.
(d) Nothing in this Act shall require an individual or
business entity to violate the provisions of federal law,
including colleges or universities that must abide by the
Drug-Free Schools and Communities Act Amendments of 1989, that
require campuses to be drug free.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
102-98, eff. 7-15-21.)