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
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| 1 | AN ACT concerning public health. | |||||||||||||||||||||||||
| 2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||||||
| 3 | represented in the General Assembly: | |||||||||||||||||||||||||
| 4 | Section 5. The State Finance Act is amended by adding | |||||||||||||||||||||||||
| 5 | Section 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 | |||||||||||||||||||||||||
| 11 | State treasury, subject to appropriations unless otherwise | |||||||||||||||||||||||||
| 12 | provided in this Section. All moneys collected under the | |||||||||||||||||||||||||
| 13 | Cannabis Regulation and Tax Act shall be deposited into the | |||||||||||||||||||||||||
| 14 | Cannabis Regulation Fund, consisting of taxes, license fees, | |||||||||||||||||||||||||
| 15 | other fees, and any other amounts required to be deposited or | |||||||||||||||||||||||||
| 16 | transferred into the Fund. | |||||||||||||||||||||||||
| 17 | (b) Whenever the Department of Revenue determines that a | |||||||||||||||||||||||||
| 18 | refund should be made under the Cannabis Regulation and Tax | |||||||||||||||||||||||||
| 19 | Act to a claimant, the Department of Revenue shall submit a | |||||||||||||||||||||||||
| 20 | voucher for payment to the State Comptroller, who shall cause | |||||||||||||||||||||||||
| 21 | the order to be drawn for the amount specified and to the | |||||||||||||||||||||||||
| 22 | person named in the notification from the Department of | |||||||||||||||||||||||||
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| 1 | Revenue. This subsection (b) shall constitute an irrevocable | ||||||
| 2 | and continuing appropriation of all amounts necessary for the | ||||||
| 3 | payment of refunds out of the Fund as authorized under this | ||||||
| 4 | subsection (b). | ||||||
| 5 | (c) On or before the 25th day of each calendar month, the | ||||||
| 6 | Department of Revenue shall prepare and certify to the State | ||||||
| 7 | Comptroller the transfer and allocations of stated sums of | ||||||
| 8 | money from the Cannabis Regulation Fund to other named funds | ||||||
| 9 | in the State treasury. The amount subject to transfer shall be | ||||||
| 10 | the amount of the taxes, license fees, other fees, and any | ||||||
| 11 | other amounts paid into the Fund during the second preceding | ||||||
| 12 | calendar month, minus the refunds made under subsection (b) | ||||||
| 13 | during the second preceding calendar month by the Department. | ||||||
| 14 | The 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 | ||||||
| 17 | after receipt, by the State Comptroller of the transfer | ||||||
| 18 | certification provided for in this subsection (c) to be given | ||||||
| 19 | to the State Comptroller by the Department of Revenue, the | ||||||
| 20 | State Comptroller shall direct and the State Treasurer shall | ||||||
| 21 | transfer the respective amounts in accordance with the | ||||||
| 22 | directions contained in such certification. | ||||||
| 23 | (d) On July 1, 2019 the Department of Revenue shall | ||||||
| 24 | certify to the State Comptroller and the State Treasurer shall | ||||||
| 25 | transfer $5,000,000 from the Compassionate Use of Medical | ||||||
| 26 | Cannabis Fund to the Cannabis Regulation Fund. | ||||||
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| 1 | (e) Notwithstanding any other law to the contrary and | ||||||
| 2 | except as otherwise provided in this Section, this Fund is not | ||||||
| 3 | subject to sweeps, administrative charge-backs, or any other | ||||||
| 4 | fiscal or budgetary maneuver that would in any way transfer | ||||||
| 5 | any 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) | ||||||
| 9 | of this Section shall be reviewed and adjusted if the General | ||||||
| 10 | Assembly finds there is a greater need for funding for a | ||||||
| 11 | specific purpose in the State as it relates to Public Act | ||||||
| 12 | 101-27. | ||||||
| 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 | ||||||
| 15 | by changing Section 10-45 and by adding Section 10-42 as | ||||||
| 16 | follows: | ||||||
| 17 | (410 ILCS 705/10-42 new) | ||||||
| 18 | Sec. 10-42. Illinois Freedom Program. | ||||||
| 19 | (a) The Illinois Freedom Program is established as a | ||||||
| 20 | subprogram within the Restore, Reinvest, and Renew Program for | ||||||
| 21 | the purpose of issuing direct cash payments to eligible | ||||||
| 22 | individuals who have been disproportionately impacted by | ||||||
| 23 | historical cannabis enforcement. | ||||||
| 24 | (b) The Illinois Freedom Program shall be financed | ||||||
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| 1 | exclusively from moneys appropriated from the Illinois Freedom | ||||||
| 2 | Fund. | ||||||
| 3 | (c) The Illinois Freedom Fund is hereby created as a | ||||||
| 4 | special fund in the State treasury and shall consist of the | ||||||
| 5 | incremental growth in cannabis tax revenue that is allocated | ||||||
| 6 | to it under subparagraph (C-5) of paragraph (3) of subsection | ||||||
| 7 | (c) of Section 6z-112 of the State Finance Act. Moneys in the | ||||||
| 8 | Illinois Freedom Fund shall be used exclusively for issuing | ||||||
| 9 | direct cash payments to eligible individuals as described in | ||||||
| 10 | subsection (a). | ||||||
| 11 | (d) The creation and operation of the Illinois Freedom | ||||||
| 12 | Program shall not reduce, reallocate, or otherwise diminish | ||||||
| 13 | the amount of cannabis tax revenue distributed to R3 Area | ||||||
| 14 | grantees under Section 10-40 relative to the amounts | ||||||
| 15 | distributed to those grantees in the base year, as defined in | ||||||
| 16 | subparagraph (C-5) of paragraph (3) of subsection (c) of | ||||||
| 17 | Section 6z-112 of the State Finance Act. The Restore, | ||||||
| 18 | Reinvest, and Renew Program Board shall ensure that the | ||||||
| 19 | distribution of funds to R3 Area grantees is neither reduced | ||||||
| 20 | below base year levels nor delayed as a result of the Illinois | ||||||
| 21 | Freedom Program. | ||||||
| 22 | (e) The Illinois Criminal Justice Information Authority, | ||||||
| 23 | in cooperation with the Restore, Reinvest, and Renew Program | ||||||
| 24 | Board, may adopt rules as necessary to implement and | ||||||
| 25 | administer the Illinois Freedom Program and the Illinois | ||||||
| 26 | Freedom Fund in a manner that is consistent with the funding | ||||||
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| 1 | protections 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 | ||||||
| 5 | reflect the diversity of the State of Illinois, including | ||||||
| 6 | geographic, racial, and ethnic diversity. The Cannabis Equity | ||||||
| 7 | Commission 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 | ||||||
| 22 | shall, within 4 months after March 23, 2021 (the effective | ||||||
| 23 | date of Public Act 101-658), convene the Commission to appoint | ||||||
| 24 | a full Cannabis Equity Commission and oversee, provide | ||||||
| 25 | guidance to, and develop an administrative structure for the | ||||||
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| 1 | Cannabis 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, | ||||||
| 3 | the following members shall be appointed to the Commission by | ||||||
| 4 | the 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 | ||||||
| 25 | been previously incarcerated" has the same meaning as defined | ||||||
| 26 | in 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, | ||||||
| 3 | 2027. | ||||||
