Bill Text: IL HB5815 | 2025-2026 | 104th General Assembly | Introduced


Bill Title: Amends the Cannabis Regulation and Tax Act. Creates the Illinois Freedom Program as a subprogram within the Restore, Reinvest, and Renew (R3) Program for the purpose of issuing direct cash payments to eligible individuals who have been disproportionately impacted by historical cannabis enforcement. Creates the Illinois Freedom Fund as a special fund in the State treasury. Provides that the creation and operation of the Illinois Freedom Program shall not reduce, reallocate, delay, or otherwise diminish the amount of cannabis tax revenue distributed to existing R3 Area grantees. Authorizes the Illinois Criminal Justice Information Authority, in cooperation with the R3 Program Board, to adopt rules to implement and administer the Illinois Freedom Program and the Illinois Freedom Fund. Amends the State Finance Act. Provides for the transfer of certain amounts from the Criminal Justice Information Projects Fund to the Illinois Freedom Fund. Effective July 1, 2027.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2026-09-17 - Filed with the Clerk by Rep. La Shawn K. Ford [HB5815 Detail]

Download: Illinois-2025-HB5815-Introduced.html

 


 
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5815

 

Introduced , by Rep. La Shawn K. Ford

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 105/5.1038 new
30 ILCS 105/6z-112
410 ILCS 705/10-42 new
410 ILCS 705/10-45

    Amends the Cannabis Regulation and Tax Act. Creates the Illinois Freedom Program as a subprogram within the Restore, Reinvest, and Renew (R3) Program for the purpose of issuing direct cash payments to eligible individuals who have been disproportionately impacted by historical cannabis enforcement. Creates the Illinois Freedom Fund as a special fund in the State treasury. Provides that the creation and operation of the Illinois Freedom Program shall not reduce, reallocate, delay, or otherwise diminish the amount of cannabis tax revenue distributed to existing R3 Area grantees. Authorizes the Illinois Criminal Justice Information Authority, in cooperation with the R3 Program Board, to adopt rules to implement and administer the Illinois Freedom Program and the Illinois Freedom Fund. Amends the State Finance Act. Provides for the transfer of certain amounts from the Criminal Justice Information Projects Fund to the Illinois Freedom Fund. Effective July 1, 2027.


LRB104 23294 JDS 39766 b

 

 

A BILL FOR

 

HB5815LRB104 23294 JDS 39766 b

1    AN ACT concerning public health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Finance Act is amended by adding
5Section 5.1038 and by changing Sections 6z-112 as follows:
 
6    (30 ILCS 105/5.1038 new)
7    Sec. 5.1038. The Illinois Freedom Fund.
 
8    (30 ILCS 105/6z-112)
9    Sec. 6z-112. The Cannabis Regulation Fund.
10    (a) There is created the Cannabis Regulation Fund in the
11State treasury, subject to appropriations unless otherwise
12provided in this Section. All moneys collected under the
13Cannabis Regulation and Tax Act shall be deposited into the
14Cannabis Regulation Fund, consisting of taxes, license fees,
15other fees, and any other amounts required to be deposited or
16transferred into the Fund.
17    (b) Whenever the Department of Revenue determines that a
18refund should be made under the Cannabis Regulation and Tax
19Act to a claimant, the Department of Revenue shall submit a
20voucher for payment to the State Comptroller, who shall cause
21the order to be drawn for the amount specified and to the
22person named in the notification from the Department of

 

 

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1Revenue. This subsection (b) shall constitute an irrevocable
2and continuing appropriation of all amounts necessary for the
3payment of refunds out of the Fund as authorized under this
4subsection (b).
5    (c) On or before the 25th day of each calendar month, the
6Department of Revenue shall prepare and certify to the State
7Comptroller the transfer and allocations of stated sums of
8money from the Cannabis Regulation Fund to other named funds
9in the State treasury. The amount subject to transfer shall be
10the amount of the taxes, license fees, other fees, and any
11other amounts paid into the Fund during the second preceding
12calendar month, minus the refunds made under subsection (b)
13during the second preceding calendar month by the Department.
14The transfers shall be certified as follows:
15        (1) The Department of Revenue shall first determine
16    the allocations which shall remain in the Cannabis
17    Regulation Fund, subject to appropriations, to pay for the
18    direct and indirect costs associated with the
19    implementation, administration, and enforcement of the
20    Cannabis Regulation and Tax Act by the Department of
21    Revenue, the Department of State Police, the Department of
22    Financial and Professional Regulation, the Department of
23    Agriculture, the Department of Public Health, the
24    Department of Commerce and Economic Opportunity, and the
25    Illinois Criminal Justice Information Authority.
26        (2) After the allocations have been made as provided

 

 

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1    in paragraph (1) of this subsection (c), of the remainder
2    of the amount subject to transfer for the month as
3    determined in this subsection (c), the Department shall
4    certify the transfer into the Cannabis Expungement Fund
5    1/12 of the fiscal year amount appropriated from the
6    Cannabis Expungement Fund for payment of costs incurred by
7    State courts, the Attorney General, State's Attorneys,
8    civil legal aid, as defined by Section 15 of the Public
9    Interest Attorney Assistance Act, and the Department of
10    State Police to facilitate petitions for expungement of
11    Minor Cannabis Offenses pursuant to Public Act 101-27, as
12    adjusted by any supplemental appropriation, plus
13    cumulative deficiencies in such transfers for prior
14    months.
15        (3) After the allocations have been made as provided
16    in paragraphs (1) and (2) of this subsection (c), the
17    Department of Revenue shall certify to the State
18    Comptroller and the State Treasurer shall transfer the
19    amounts that the Department of Revenue determines shall be
20    transferred into the following named funds according to
21    the following:
22            (A) 2% shall be transferred to the Drug Treatment
23        Fund to be used by the Department of Human Services
24        for: (i) developing and administering a scientifically
25        and medically accurate public education campaign
26        educating youth and adults about the health and safety

 

 

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1        risks of alcohol, tobacco, illegal drug use (including
2        prescription drugs), and cannabis, including use by
3        pregnant women; and (ii) data collection and analysis
4        of the public health impacts of legalizing the
5        recreational use of cannabis. Expenditures for these
6        purposes shall be subject to appropriations.
7            (B) 8% shall be transferred to the Local
8        Government Distributive Fund and allocated as provided
9        in Section 2 of the State Revenue Sharing Act. The
10        moneys shall be used to fund crime prevention
11        programs, training, and interdiction efforts,
12        including detection, enforcement, and prevention
13        efforts, relating to the illegal cannabis market and
14        driving under the influence of cannabis.
15            (C) 25% shall be transferred to the Criminal
16        Justice Information Projects Fund to be used, except
17        as provided in subparagraph (C-5), for the purposes of
18        the Restore, Reinvest, and Renew Program to address
19        economic development, violence prevention services,
20        re-entry services, youth development, and civil legal
21        aid, as defined by Section 15 of the Public Interest
22        Attorney Assistance Act. The Restore, Reinvest, and
23        Renew Program shall address these issues through
24        targeted investments and intervention programs and
25        promotion of an employment infrastructure and capacity
26        building related to the social determinants of health

 

 

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1        in impacted community areas. Expenditures for these
2        purposes shall be subject to appropriations.
3            (C-5) Beginning on August 1, 2027, on or before
4        the first day of each month, an amount equal to the
5        difference, if any, between the amount deposited into
6        the Criminal Justice Information Projects Fund
7        pursuant to subparagraph (C) in the immediately
8        preceding calendar month and the amount deposited into
9        the Criminal Justice Information Projects Fund
10        pursuant to subparagraph (C) during the same month in
11        the base year shall be transferred from the Criminal
12        Justice Information Projects Fund to the Illinois
13        Freedom Fund for the purpose of administering the
14        Illinois Freedom Program under Section 10-42 of the
15        Cannabis Regulation and Tax Act. The Department of
16        Revenue shall certify to the State Comptroller and the
17        State Treasurer the amounts to be transferred under
18        this subparagraph (C-5), and the State Comptroller
19        shall order transferred and the State Treasurer shall
20        transfer those certified amounts from the Criminal
21        Justice Information Projects Fund to the Illinois
22        Freedom Fund. As used in this subparagraph (C-5),
23        "base year" means the 12-month period beginning on
24        July 1, 2026 and ending on June 30, 2027.
25            (D) 20% shall be transferred to the Department of
26        Human Services Community Services Fund, to be used to

 

 

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1        address substance abuse and prevention and mental
2        health concerns, including treatment, education, and
3        prevention to address the negative impacts of
4        substance abuse and mental health issues, including
5        concentrated poverty, violence, and the historical
6        overuse of criminal justice responses in certain
7        communities, on the individual, family, and community,
8        including federal, State, and local governments,
9        health care institutions and providers, and
10        correctional facilities. Expenditures for these
11        purposes shall be subject to appropriations.
12            (E) 10% shall be transferred to the Budget
13        Stabilization Fund.
14            (F) 35%, or any remaining balance, shall be
15        transferred to the General Revenue Fund.
16    As soon as may be practical, but no later than 10 days
17after receipt, by the State Comptroller of the transfer
18certification provided for in this subsection (c) to be given
19to the State Comptroller by the Department of Revenue, the
20State Comptroller shall direct and the State Treasurer shall
21transfer the respective amounts in accordance with the
22directions contained in such certification.
23    (d) On July 1, 2019 the Department of Revenue shall
24certify to the State Comptroller and the State Treasurer shall
25transfer $5,000,000 from the Compassionate Use of Medical
26Cannabis Fund to the Cannabis Regulation Fund.

 

 

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1    (e) Notwithstanding any other law to the contrary and
2except as otherwise provided in this Section, this Fund is not
3subject to sweeps, administrative charge-backs, or any other
4fiscal or budgetary maneuver that would in any way transfer
5any amounts from this Fund into any other fund of the State.
6    (f) The Cannabis Regulation Fund shall retain a balance of
7$1,000,000 for the purposes of administrative costs.
8    (g) In Fiscal Year 2024 the allocations in subsection (c)
9of this Section shall be reviewed and adjusted if the General
10Assembly finds there is a greater need for funding for a
11specific purpose in the State as it relates to Public Act
12101-27.
13(Source: P.A. 101-27, eff. 6-25-19; 102-558, eff. 8-20-21.)
 
14    Section 10. The Cannabis Regulation and Tax Act is amended
15by changing Section 10-45 and by adding Section 10-42 as
16follows:
 
17    (410 ILCS 705/10-42 new)
18    Sec. 10-42. Illinois Freedom Program.    
19    (a) The Illinois Freedom Program is established as a
20subprogram within the Restore, Reinvest, and Renew Program for
21the purpose of issuing direct cash payments to eligible
22individuals who have been disproportionately impacted by
23historical cannabis enforcement.
24    (b) The Illinois Freedom Program shall be financed

 

 

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1exclusively from moneys appropriated from the Illinois Freedom
2Fund.
3    (c) The Illinois Freedom Fund is hereby created as a
4special fund in the State treasury and shall consist of the
5incremental growth in cannabis tax revenue that is allocated
6to it under subparagraph (C-5) of paragraph (3) of subsection
7(c) of Section 6z-112 of the State Finance Act. Moneys in the
8Illinois Freedom Fund shall be used exclusively for issuing
9direct cash payments to eligible individuals as described in
10subsection (a).    
11    (d) The creation and operation of the Illinois Freedom
12Program shall not reduce, reallocate, or otherwise diminish
13the amount of cannabis tax revenue distributed to R3 Area
14grantees under Section 10-40 relative to the amounts
15distributed to those grantees in the base year, as defined in
16subparagraph (C-5) of paragraph (3) of subsection (c) of
17Section 6z-112 of the State Finance Act. The Restore,
18Reinvest, and Renew Program Board shall ensure that the
19distribution of funds to R3 Area grantees is neither reduced
20below base year levels nor delayed as a result of the Illinois
21Freedom Program.    
22    (e) The Illinois Criminal Justice Information Authority,
23in cooperation with the Restore, Reinvest, and Renew Program
24Board, may adopt rules as necessary to implement and
25administer the Illinois Freedom Program and the Illinois
26Freedom Fund in a manner that is consistent with the funding

 

 

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1protections established in this Section.    
 
2    (410 ILCS 705/10-45)
3    Sec. 10-45. Cannabis Equity Commission.
4    (a) The Cannabis Equity Commission is created and shall
5reflect the diversity of the State of Illinois, including
6geographic, racial, and ethnic diversity. The Cannabis Equity
7Commission shall be responsible for the following:
8        (1) Ensuring that equity goals in the Illinois
9    cannabis industry, as stated in Section 10-40, are met.
10        (2) Tracking and analyzing minorities in the
11    marketplace.
12        (3) Ensuring that revenue is being invested properly
13    into R3 areas under Section 10-40 and that expenditures
14    under the Illinois Freedom Fund comply with the baseline
15    funding protections established in Section 10-42.
16        (4) Recommending changes to make the law more
17    equitable to communities harmed the most by the war on
18    drugs.
19        (5) Creating Create standards to protect true social
20    equity applicants from predatory businesses.
21    (b) The Cannabis Equity Commission's ex officio members
22shall, within 4 months after March 23, 2021 (the effective
23date of Public Act 101-658), convene the Commission to appoint
24a full Cannabis Equity Commission and oversee, provide
25guidance to, and develop an administrative structure for the

 

 

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1Cannabis Equity Commission. The ex officio members are:
2        (1) The Governor, or his or her designee, who shall
3    serve as chair.
4        (2) The Attorney General, or his or her designee.
5        (3) The Director of Commerce and Economic Opportunity,
6    or his or her designee.
7        (4) The Director of Public Health, or his or her
8    designee.
9        (5) The Director of Corrections, or his or her
10    designee.
11        (6) The Secretary of Financial and Professional
12    Regulation, or his or her designee.
13        (7) The Director of Agriculture, or his or her
14    designee.
15        (8) The Executive Director of the Illinois Criminal
16    Justice Information Authority, or his or her designee.
17        (9) The Secretary of Human Services, or his or her
18    designee.
19        (10) A member of the Senate, designated by the
20    President of the Senate.
21        (11) A member of the House of Representatives,
22    designated by the Speaker of the House of Representatives.
23        (12) A member of the Senate, designated by the
24    Minority Leader of the Senate.
25        (13) A member of the House of Representatives,
26    designated by the Minority Leader of the House of

 

 

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1    Representatives.
2    (c) Within 90 days after the ex officio members convene,
3the following members shall be appointed to the Commission by
4the chair:
5        (1) Four community-based providers or community
6    development organization representatives who provide
7    services to treat violence and address the social
8    determinants of health, or promote community investment,
9    including, but not limited to, services such as job
10    placement and training, educational services, workforce
11    development programming, and wealth building. No more than
12    2 community-based organization representatives shall work
13    primarily in Cook County. At least one of the
14    community-based providers shall have expertise in
15    providing services to an immigrant population.
16        (2) Two experts in the field of violence reduction.
17        (3) One male who has previously been incarcerated and
18    is over the age of 24 at the time of appointment.
19        (4) One female who has previously been incarcerated
20    and is over the age of 24 at the time of appointment.
21        (5) Two individuals who have previously been
22    incarcerated and are between the ages of 17 and 24 at the
23    time of appointment.
24    As used in this subsection (c), "an individual who has
25been previously incarcerated" has the same meaning as defined
26in paragraph (2) of subsection (e) of Section 10-40.

 

 

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1(Source: P.A. 104-417, eff. 8-15-25.)
 
2    Section 99. Effective date. This Act takes effect July 1,
32027.
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