Home Grow Cannabis in Illinois

Illinois Home Grow for Medical Marijuana Residents

Listen or watch the review of Article 10 for Personal Use of Cannabis (home grow). Click link for full 610 page law passed by Illinois Legislature

Text of the bill regarding the home grow for Illinois medical marijuana residents for their primary residence is below, along with the transcript of the video & article on the law itself.  Call if you need anything.

Home Grow Transcript

Oh, good morning everybody. I thought it’d be a good idea to maybe get closer to the microphone. But come on here and go over what happened last night in Springfield, Illinois. You see, Illinois actually legalized marijuana. Now, when I say Illinois legalized marijuana, I guess I should qualify that. Illinois’ senate voted and passed legalization of marijuana. And Illinois’ legalization of marijuana was HB1438. And some people were asking,

“Why HB1438 and not SB007?”

So I’m going to share my screen really, really quick. And then you’ll be able to see these, the bill.

So if you google cannabis lawyer, that’s how you can find me. My name’s Tom Howard. I’m a … This is my website Cannabis Industry Lawyer. Currently only the Chicago address is up there. I’m having an issue with … Google my business. But you know how that is.

So anyway, this is a copy of the bill. And if I hit control find again, you’ll see that I was searching for resident. The reason for me searching for resident … And I believe it was if you do a control F at this domain here … And this domain, don’t worry, I’ll drop that in the description of this video once I get done. You’ll be able to see what the Illinois Senate passed yesterday. And some people are saying, “No home grow?” Actually that’s what I was just showing you.

And so if you go and you search SB … No it’s not SB. This is HB1438 that was passed by the Illinois Senate yesterday, the 9th out of the 38th word resident will get you to the Illinois’ adult use home grow. And there is still home grow. However, they’ve introduced specific limitations. The first one is taking a sip of morning coffee. Oh god. Illinois and especially Peoria, Illinois is really good for fresh roast coffee. I’m not sure if I could go anywhere else.

So home grow will still be there. However they have made sure that it is going to be somebody, it’s limited to an Illinois resident, 21 of age or older, who is a qualifying patient under the Compassionate Use of Medical Cannabis pilot program. Those may cultivate without limit of five plants that are more than five inches tall per household. Without a cultivation center or craft grower license. And then in this section, resident, means a person who has been domiciled in the state of Illinois for a period of 30 days before cultivation.

So as people are telling you that there’s not any home grow in Illinois’ legalization of adult use. Partial credit, there’s not home grow for people who are not medical marijuana patients. If you’re a medical marijuana patient in Illinois then you still do have home grow. What does it mean when I say … Okay it’s a little misleading. I said Illinois legalized marijuana which technically is true. This is the first time that Illinois has ever voted to legalize marijuana at the state level. It’s just that states of course, except for Nebraska, are bicameral. And so the Senate has passed. But that’s weird because the Senate bill is SB007. But that’s not the bill they passed. Instead they pass HB1438. And HB1438 of course is House bill. And so that House bill was what was introduced to our … And then changed by Cassidy in the House to qualify as to the home grow to be only these medical marijuana patients. The other thing that I’m going to then jump in back to the screen share here real quick. I’m going to not only share you the … So go to, again it’s right there, page 40 of the Illinois Med …

Term 2020 appears 32 times in Illinois Adult Use Cannabis Law

Well it’s not medical marijuana, it’s adult use marijuana now. That’s where you can find your home grow if you are a medical patient. But let’s talk about the 2020 year. That should of … 2020. Why is my keyboard not responding? Okay, that’s responding. Control find … Okay now it’s working. Small technical issues always happen. So let’s look for the term 2020. And the term 2020 will appear 32 times in this law. Why are we looking for the term 2020? Because if this passes we’re going to go into an interesting time in Illinois’ history where a lot of applications are for specific types of licenses of adult use marijuana will come online in the year 2020. At least that’s when those applications will be due. The first red letter date is going to be May of 2020. But actually let’s start with the real first letter date, January 1st of 2020. January 1st of 2020 will be the date that you can actually go and buy adult use marijuana. It also may be the date that is the effective date of this.

Now yesterday we were on the show with me talking about the cannabis legalization news. Subscribe now to join us. Every Wednesday at 2pm we go over the cannabis legalization news for the week. And then they usually have some very big cannabis legalization news as soon as we get off that broadcast. Vis-a-vis the Illinois Senate passing marijuana. Sorry. I don’t have anybody to throw to that can fill time. So January 1st of 2020 you will have legalized marijuana and it should be legal to buy. But it will not be legal to buy from everybody. Instead it will only be legal to buy from the early approval adult use dispensary organizations. So here I am. So these are going to be basically the medical marijuana companies are going to grandfathered in. And those will be the ones that can begin selling cannabis to purchasers on that first date of 2020.

Now of course, that time 2020 appears 32 times. And I’m not looking … There it is. Here we go, here we go. That’s what I was looking for. This May 1st, 2020 deadline, awarding of conditional adult use dispensary organization’s license prior to Jan. 1, 2021. The departments, the department of course means the department of agriculture, shall issue up to 75 adult use organizational licenses before May 1, 2020. And then they will make the adult use application, yes, the application will not be until October 1st, 2019. Maybe you guys, well you probably know this about me. I represent a lot of hemp companies. And the hemp application was not made public until April 30th of this year. That’s right, one month ago to today. And at that time my phone exploded and I’ve been helping a lot of people.

But now we’re going to have a very similar thing. Where a lot of people are going to want one of those 75 licenses. And they’re going to want to apply for one of those licenses before May 1st of 2020. But this isn’t going to be as easy as a hemp license which is very user friendly and great to get to. Jeff Cox and the department of medical plants down in the Illinois Department of Agriculture did a great job on that application. But you have a longer window. Why is it going to be the applications won’t available until October 1st and they will not be accepted after January 20th? And then you’re not going to issue those applications until May 1st. So think about that. October 1, Jan 1, May 1 … Phone call from South Carolina. May not be the first client to call me today.

So you have January 1st of 2021 is when your applications are due. You don’t get the application until October 1st of 2019. And there’s not going to be 75. There’s going to be a lot more than 75. They’re trying to get their foot in that door. But then they aren’t going to announce who wins them for five months. And these are the types of applications that there’s going to be scoring. And the applications are going to be huge because you have to put together this team to check off all these boxes that will be forthcoming in these applications. So you understand, if you are trying to get up to the 200 and there may be 212 points in this. We aren’t going to do a video right now because I have a meeting in about 45 that I have to get to.

And so we can talk a little bit about timing and that home grow is still there for medical marijuana patients. Let’s jump back into the screen share and you will see some other interesting red letter dates. So this one, to insure the geographic dispersion of [condotional 00:08:58] adult use organization license holders. The following number of licensees shall be awarded in each BLS region as a blah, blah, blah. And so I actually live here in Peoria, we’re going to three. That’s pretty freakin cool. The St. Louis area will get four, Chicago of course gets 47. And this is quite sparse. I mean there’s a lot more to Illinois … I mean Rock Island’s only getting one for crying out loud. But Peoria’s getting three. Yeah, way to do that [Jehan 00:09:24]. Good one.

And so the other ones, there’s the January 21st cultivation. Let’s see, the department eight … Oh I’m not even sure what that one is. The program license community college cannabis vocational pilot program. Oh that’s really cool. That’s something that I did not even know … I didn’t even know that was in there. Article 25, Cannabis College, Cannabis Vocational pilot program. That’s right Illinois, go to community college and major in cannabis. Fuck I might even sign up. The thing about that is these are two separate bills. The bill that was SB007 that the Senate did not pass, instead the Senate passed HB1438 as was introduced in the House. That bill is 610 pages longs. So the … There being a community college cannabis vocational pilot program being in there that nobody’s talking about. That doesn’t surprise me all that much. But it looks like coming to Illinois, major in cannabis. It’s pretty sweet.

And I’m sorry about that. I just had to tick through all these 2020s. There’s 32 of them in the act. And now I’m going to zoom back over to that and we’re going to talk really quickly about what might be the most exciting aspect of the Illinois adult use legalization passed yesterday by the Senate. And hopefully we’ll talk about what would be an ideal case. And I don’t know if it’s going to happen. We’ll talk about it real quick. But 40 craft grow license by July 1 of 2020. And then they cannot sell until after December 21st of 2021. And then December 21st of 2021 they are [inaudible 00:11:19] up to another 60 craft grow licenses. So there’s going to be 100 at least, well 100 for now, craft grow licenses coming up. And then there are restrictions on those craft growing licenses. And I’m going to … And then here’s another one of them. And that no time craft grower license exceeds 150 and other restrictions. And then here’s the application stuff that we’ll go over as well.

The craft growers are interesting in the sense that that’s going to be the way that people can get back into the cannabis space. And there’s limitations on who and what may own all of them. There’s going to be a lot of log jam in there for the dispensing, for the craft growing. And then after those get in play, Illinois stops … Because like okay, you grow, you process, you dispense. Right? Who is driving the pot? That’s going to be a new license that will be coming up, transportation. So after such, one of these dates, one of these red letter dates that’s in there, you’ll be able to get a different type of license. And the dispensary and the cultivation center and the processor won’t be able to transport the cannabis. They’ll have to hand it off to the transporter that’s licensed to transport that cannabis. So I’m going to wrap this up because allergies are killing me.

As you may not be aware, Illinois is suffering through, well the whole country’s suffering through what may be one of the worst floods since The Great Flood of like 1927. Or whatever the heck they said on the news. The corn is not really in the fields. The fields are basically marsh. You could probably grow rice. That’s … We have like rice paddy levels of water out there in Illinois. And I think that’s actually set back the hemp crop quite a bit. Who cares? Yesterday, the Illinois Senate voted to legalize marijuana. Hopefully what happens now, because the Illinois Legislature adjourns on Friday, tomorrow, May 31st. Today the House will pass it’s own bill, HB1438. Tomorrow J.B. Pritzker will sign it into law. But maybe that’s too quick. Maybe they need time to, you know, exploit these types of headlines. And that would be an amazing one month from him coming out the first weekend of May and then holding this press conference. Where he produced those nine pages that I created a page on. And this will be a page as well. But this one will be a truncated page to very much focused on home grow for adult use marijuana in Illinois. And then some other ancillary matters.

All of these 610 pages, provided that it passes, will make my content creating job somewhat easier. But also somewhat more daunting. Because as I make this content then you rank on the internet and then people call you. And then people want you to help them put together these applications. And of course you absolutely are onboard for that. And then it’s a lot of … It’s going to … I might be gray in a year. We’ll see. Hopefully I can sleep. So tomorrow, hopefully they pass their own bill and then J.B. Pritzker has a great press conference. Everybody says what an amazing thing this is going to be for the state of Illinois. And it will be. And then we move forward into. However, I don’t know if that’ll happen today. It wouldn’t surprise me. That’s really amazing if Illinois does become to the first legislative state to legalize marijuana. And to do so they needed both, not the President, the governor and both Houses of the State Legislature. And then they still needed … And I can just …

To end this I’ll share the end of the Illinois adult use bill. It ends with miscellaneous article 999. I believe this one was drafted by [Herman Cane 00:15:21]. As you can see it’s 610 pages long. No acceleration or delay. Oh gosh. Yeah. Because they probably put that … Okay. Now my coder in India needs something. All right, well that’s just kind of how it is being me. You get some time and then people want stuff. All right, I got to get to the office. I have somebody coming in.


Personal Use of Cannabis in Illinois

4     Section 10-5. Personal use of cannabis; restrictions on
5 cultivation; penalties.
6     (a) Beginning January 1, 2020, notwithstanding any other
7 provision of law, and except as otherwise provided in this Act,
8 the following acts are not a violation of this Act and shall
9 not be a criminal or civil offense under State law or the
10 ordinances of any unit of local government of this State or be
11 a basis for seizure or forfeiture of assets under State law for
12 persons other than natural individuals under 21 years of age:
13         (1) possession, consumption, use, purchase, obtaining,
14     or transporting an amount of cannabis for personal use that
15     does not exceed the possession limit under Section 10-10 or
16     otherwise in accordance with the requirements of this Act;
17         (2) cultivation of cannabis for personal use in
18     accordance with the requirements of this Act; and
19         (3) controlling property if actions that are
20     authorized by this Act occur on the property in accordance
21     with this Act.
22     (a-1) Beginning January 1, 2020, notwithstanding any other
23 provision of law, and except as otherwise provided in this Act,
24 possessing, consuming, using, purchasing, obtaining, or



  10100HB1438sam002– 40 –LRB101 04919 RLC 61359 a
1 transporting an amount of cannabis purchased or produced in
2 accordance with this Act that does not exceed the possession
3 limit under subsection (a) of Section 10-10 shall not be a
4 basis for seizure or forfeiture of assets under State law.
5     (b) Cultivating cannabis for personal use is subject to the
6 following limitations:
7         (1) An Illinois resident 21 years of age or older who
8     is a registered qualifying patient under the Compassionate
9     Use of Medical Cannabis Pilot Program Act may cultivate
10     cannabis plants, with a limit of 5 plants that are more
11     than 5 inches tall, per household without a cultivation
12     center or craft grower license. In this Section, "resident"
13     means a person who has been domiciled in the State of
14     Illinois for a period of 30 days before cultivation.
15         (2) Cannabis cultivation must take place in an
16     enclosed, locked space.
17         (3) Adult registered qualifying patients may purchase
18     cannabis seeds from a dispensary for the purpose of home
19     cultivation. Seeds may not be given or sold to any other
20     person.
21         (4) Cannabis plants shall not be stored or placed in a
22     location where they are subject to ordinary public view, as
23     defined in this Act. A registered qualifying patient who
24     cultivates cannabis under this Section shall take
25     reasonable precautions to ensure the plants are secure from
26     unauthorized access, including unauthorized access by a



  10100HB1438sam002– 41 –LRB101 04919 RLC 61359 a
1     person under 21 years of age.
2         (5) Cannabis cultivation may occur only on residential
3     property lawfully in possession of the cultivator or with
4     the consent of the person in lawful possession of the
5     property. An owner or lessor of residential property may
6     prohibit the cultivation of cannabis by a lessee.
7         (6) (Blank).
8         (7) A dwelling, residence, apartment, condominium
9     unit, enclosed, locked space, or piece of property not
10     divided into multiple dwelling units shall not contain more
11     than 5 plants at any one time.
12         (8) Cannabis plants may only be tended by registered
13     qualifying patients who reside at the residence, or their
14     authorized agent attending to the residence for brief
15     periods, such as when the qualifying patient is temporarily
16     away from the residence.
17         (9) A registered qualifying patient who cultivates
18     more than the allowable number of cannabis plants, or who
19     sells or gives away cannabis plants, cannabis, or
20     cannabis-infused products produced under this Section, is
21     liable for penalties as provided by law, including the
22     Cannabis Control Act, in addition to loss of home
23     cultivation privileges as established by rule. 
24     Section 10-10. Possession limit.
25     (a) Except if otherwise authorized by this Act, for a



  10100HB1438sam002– 42 –LRB101 04919 RLC 61359 a
1 person who is 21 years of age or older and a resident of this
2 State, the possession limit is as follows:
3         (1) 30 grams of cannabis flower;
4         (2) no more than 500 milligrams of THC contained in
5     cannabis-infused product;
6         (3) 5 grams of cannabis concentrate; and
7         (4) for registered qualifying patients, any cannabis
8     produced by cannabis plants grown under subsection (b) of
9     Section 10-5, provided any amount of cannabis produced in
10     excess of 30 grams of raw cannabis or its equivalent must
11     remain secured within the residence or residential
12     property in which it was grown.
13     (b) For a person who is 21 years of age or older and who is
14 not a resident of this State, the possession limit is:
15         (1) 15 grams of cannabis flower;
16         (2) 2.5 grams of cannabis concentrate; and
17         (3) 250 milligrams of THC contained in a
18     cannabis-infused product.
19     (c) The possession limits found in subsections (a) and (b)
20 of this Section are to be considered cumulative.
21     (d) No person shall knowingly obtain, seek to obtain, or
22 possess an amount of cannabis from a dispensing organization or
23 craft grower that would cause him or her to exceed the
24 possession limit under this Section, including cannabis that is
25 cultivated by a person under this Act or obtained under the
26 Compassionate Use of Medical Cannabis Pilot Program Act.



  10100HB1438sam002– 43 –LRB101 04919 RLC 61359 a
1     Section 10-15. Persons under 21 years of age.
2     (a) Nothing in this Act is intended to permit the transfer
3 of cannabis, with or without remuneration, to a person under 21
4 years of age, or to allow a person under 21 years of age to
5 purchase, possess, use, process, transport, grow, or consume
6 cannabis except where authorized by the Compassionate Use of
7 Medical Cannabis Pilot Program Act or by the Community College
8 Cannabis Vocational Pilot Program.
9     (b) Notwithstanding any other provisions of law
10 authorizing the possession of medical cannabis, nothing in this
11 Act authorizes a person who is under 21 years of age to possess
12 cannabis. A person under 21 years of age with cannabis in his
13 or her possession is guilty of a civil law violation as
14 outlined in paragraph (a) of Section 4 of the Cannabis Control
15 Act.
16     (c) If the person under the age of 21 was in a motor
17 vehicle at the time of the offense, the Secretary of State may
18 suspend or revoke the driving privileges of any person for a
19 violation of this Section under Section 6-206 of the Illinois
20 Vehicle Code and the rules adopted under it.
21     (d) It is unlawful for any parent or guardian to knowingly
22 permit his or her residence, any other private property under
23 his or her control, or any vehicle, conveyance, or watercraft
24 under his or her control to be used by an invitee of the
25 parent's child or the guardian's ward, if the invitee is under



  10100HB1438sam002– 44 –LRB101 04919 RLC 61359 a
1 the age of 21, in a manner that constitutes a violation of this
2 Section. A parent or guardian is deemed to have knowingly
3 permitted his or her residence, any other private property
4 under his or her control, or any vehicle, conveyance, or
5 watercraft under his or her control to be used in violation of
6 this Section if he or she knowingly authorizes or permits
7 consumption of cannabis by underage invitees. Any person who
8 violates this subsection (d) is guilty of a Class A misdemeanor
9 and the person's sentence shall include, but shall not be
10 limited to, a fine of not less than $500. If a violation of
11 this subsection (d) directly or indirectly results in great
12 bodily harm or death to any person, the person violating this
13 subsection is guilty of a Class 4 felony. In this subsection
14 (d), where the residence or other property has an owner and a
15 tenant or lessee, the trier of fact may infer that the
16 residence or other property is occupied only by the tenant or
17 lessee.
18     Section 10-20. Identification; false identification;
19 penalty.
20     (a) To protect personal privacy, the Department of
21 Financial and Professional Regulation shall not require a
22 purchaser to provide a dispensing organization with personal
23 information other than government-issued identification to
24 determine the purchaser's age, and a dispensing organization
25 shall not obtain and record personal information about a



  10100HB1438sam002– 45 –LRB101 04919 RLC 61359 a
1 purchaser without the purchaser's consent. A dispensing
2 organization shall use an electronic reader or electronic
3 scanning device to scan a purchaser's government-issued
4 identification, if applicable, to determine the purchaser's
5 age and the validity of the identification. Any identifying or
6 personal information of a purchaser obtained or received in
7 accordance with this Section shall not be retained, used,
8 shared or disclosed for any purpose except as authorized by
9 this Act.
10     (b) A person who is under 21 years of age may not present
11 or offer to a cannabis business establishment or the cannabis
12 business establishment's principal or employee any written or
13 oral evidence of age that is false, fraudulent, or not actually
14 the person's own, for the purpose of:
15         (1) purchasing, attempting to purchase, or otherwise
16     obtaining or attempting to obtain cannabis or any cannabis
17     product; or
18         (2) gaining access to a cannabis business
19     establishment.
20     (c) A violation of this Section is a Class A misdemeanor
21 consistent with Section 6-20 of the Liquor Control Act of 1934.
22     (d) The Secretary of State may suspend or revoke the
23 driving privileges of any person for a violation of this
24 Section under Section 6-206 of the Illinois Vehicle Code and
25 the rules adopted under it.
26     (e) No agent or employee of the licensee shall be



  10100HB1438sam002– 46 –LRB101 04919 RLC 61359 a
1 disciplined or discharged for selling or furnishing cannabis or
2 cannabis products to a person under 21 years of age if the
3 agent or employee demanded and was shown, before furnishing
4 cannabis or cannabis products to a person under 21 years of
5 age, adequate written evidence of age and identity of the
6 person. This subsection (e) does not apply if the agent or
7 employee accepted the written evidence knowing it to be false
8 or fraudulent. Adequate written evidence of age and identity of
9 the person is a document issued by a federal, State, county, or
10 municipal government, or subdivision or agency thereof,
11 including, but not limited to, a motor vehicle operator's
12 license, a registration certificate issued under the Military
13 Selective Service Act, or an identification card issued to a
14 member of the Armed Forces. Proof that the licensee or his or
15 her employee or agent was shown and reasonably relied upon such
16 written evidence in any transaction forbidden by this Section
17 is an affirmative defense in any criminal prosecution therefor
18 or to any proceedings for the suspension or revocation of any
19 license based thereon.
20     Section 10-25. Immunities and presumptions related to the
21 use of cannabis by purchasers.
22     (a) A purchaser who is 21 years of age or older is not
23 subject to arrest, prosecution, denial of any right or
24 privilege, or other punishment including, but not limited to,
25 any civil penalty or disciplinary action taken by an



  10100HB1438sam002– 47 –LRB101 04919 RLC 61359 a
1 occupational or professional licensing board, based solely on
2 the use of cannabis if (1) the purchaser possesses an amount of
3 cannabis that does not exceed the possession limit under
4 Section 10-10 and, if the purchaser is licensed, certified, or
5 registered to practice any trade or profession under any Act
6 and (2) the use of cannabis does not impair that person when he
7 or she is engaged in the practice of the profession for which
8 he or she is licensed, certified, or registered.
9     (b) A purchaser 21 years of age or older is not subject to
10 arrest, prosecution, denial of any right or privilege, or other
11 punishment, including, but not limited to, any civil penalty or
12 disciplinary action taken by an occupational or professional
13 licensing board, based solely for (i) selling cannabis
14 paraphernalia if employed and licensed as a dispensing agent by
15 a dispensing organization or (ii) being in the presence or
16 vicinity of the use of cannabis as allowed under this Act.
17     (c) Mere possession of, or application for, an agent
18 identification card or license does not constitute probable
19 cause or reasonable suspicion to believe that a crime has been
20 committed, nor shall it be used as the sole basis to support
21 the search of the person, property, or home of the person
22 possessing or applying for the agent identification card. The
23 possession of, or application for, an agent identification card
24 does not preclude the existence of probable cause if probable
25 cause exists based on other grounds.
26     (d) No person employed by the State of Illinois shall be



  10100HB1438sam002– 48 –LRB101 04919 RLC 61359 a
1 subject to criminal or civil penalties for taking any action in
2 good faith in reliance on this Act when acting within the scope
3 of his or her employment. Representation and indemnification
4 shall be provided to State employees as set forth in Section 2
5 of the State Employee Indemnification Act.
6     (e) No law enforcement or correctional agency, nor any
7 person employed by a law enforcement or correctional agency,
8 shall be subject to criminal or civil liability, except for
9 willful and wanton misconduct, as a result of taking any action
10 within the scope of the official duties of the agency or person
11 to prohibit or prevent the possession or use of cannabis by a
12 person incarcerated at a correctional facility, jail, or
13 municipal lockup facility, on parole or mandatory supervised
14 release, or otherwise under the lawful jurisdiction of the
15 agency or person.
16     (f) For purposes of receiving medical care, including organ
17 transplants, a person's use of cannabis under this Act does not
18 constitute the use of an illicit substance or otherwise
19 disqualify a person from medical care.
20     Section 10-30. Discrimination prohibited.
21     (a) Neither the presence of cannabinoid components or
22 metabolites in a person's bodily fluids nor possession of
23 cannabis-related paraphernalia, nor conduct related to the use
24 of cannabis or the participation in cannabis-related
25 activities lawful under this Act by a custodial or noncustodial



  10100HB1438sam002– 49 –LRB101 04919 RLC 61359 a
1 parent, grandparent, legal guardian, foster parent, or other
2 person charged with the well-being of a child, shall form the
3 sole or primary basis or supporting basis for any action or
4 proceeding by a child welfare agency or in a family or juvenile
5 court, any adverse finding, adverse evidence, or restriction of
6 any right or privilege in a proceeding related to adoption of a
7 child, acting as a foster parent of a child, or a person's
8 fitness to adopt a child or act as a foster parent of a child,
9 or serve as the basis of any adverse finding, adverse evidence,
10 or restriction of any right of privilege in a proceeding
11 related to guardianship, conservatorship, trusteeship, the
12 execution of a will, or the management of an estate, unless the
13 person's actions in relation to cannabis created an
14 unreasonable danger to the safety of the minor or otherwise
15 show the person to not be competent as established by clear and
16 convincing evidence. This subsection applies only to conduct
17 protected under this Act.
18     (b) No landlord may be penalized or denied any benefit
19 under State law for leasing to a person who uses cannabis under
20 this Act.
21     (c) Nothing in this Act may be construed to require any
22 person or establishment in lawful possession of property to
23 allow a guest, client, lessee, customer, or visitor to use
24 cannabis on or in that property.
25     Section 10-35. Limitations and penalties.



  10100HB1438sam002– 50 –LRB101 04919 RLC 61359 a
1     (a) This Act does not permit any person to engage in, and
2 does not prevent the imposition of any civil, criminal, or
3 other penalties for engaging in, any of the following conduct:
4         (1) undertaking any task under the influence of
5     cannabis when doing so would constitute negligence,
6     professional malpractice, or professional misconduct;
7         (2) possessing cannabis:
8             (A) in a school bus, unless permitted for a
9         qualifying patient or caregiver pursuant to the
10         Compassionate Use of Medical Cannabis Pilot Program
11         Act;
12             (B) on the grounds of any preschool or primary or
13         secondary school, unless permitted for a qualifying
14         patient or caregiver pursuant to the Compassionate Use
15         of Medical Cannabis Pilot Program Act;
16             (C) in any correctional facility;
17             (D) in a vehicle not open to the public unless the
18         cannabis is in a reasonably secured, sealed container
19         and reasonably inaccessible while the vehicle is
20         moving; or
21             (E) in a private residence that is used at any time
22         to provide licensed child care or other similar social
23         service care on the premises;
24         (3) using cannabis:
25             (A) in a school bus, unless permitted for a
26         qualifying patient or caregiver pursuant to the



  10100HB1438sam002– 51 –LRB101 04919 RLC 61359 a
1         Compassionate Use of Medical Cannabis Pilot Program
2         Act;
3             (B) on the grounds of any preschool or primary or
4         secondary school, unless permitted for a qualifying
5         patient or caregiver pursuant to the Compassionate Use
6         of Medical Cannabis Pilot Program Act;
7             (C) in any correctional facility;
8             (D) in any motor vehicle;
9             (E) in a private residence that is used at any time
10         to provide licensed child care or other similar social
11         service care on the premises;
12             (F) in any public place; or
13             (G) knowingly in close physical proximity to
14         anyone under 21 years of age who is not a registered
15         medical cannabis patient under the Compassionate Use
16         of Medical Cannabis Pilot Program Act;
17         (4) smoking cannabis in any place where smoking is
18     prohibited under the Smoke Free Illinois Act;
19         (5) operating, navigating, or being in actual physical
20     control of any motor vehicle, aircraft, or motorboat while
21     using or under the influence of cannabis in violation of
22     Section 11-501 or 11-502.1 of the Illinois Vehicle Code;
23         (6) facilitating the use of cannabis by any person who
24     is not allowed to use cannabis under this Act or the
25     Compassionate Use of Medical Cannabis Pilot Program Act;
26         (7) transferring cannabis to any person contrary to



  10100HB1438sam002– 52 –LRB101 04919 RLC 61359 a
1     this Act or the Compassionate Use of Medical Cannabis Pilot
2     Program Act;
3         (8) the use of cannabis by a law enforcement officer,
4     corrections officer, probation officer, or firefighter
5     while on duty; or
6         (9) the use of cannabis by a person who has a school
7     bus permit or a Commercial Driver's License while on duty.
8     As used in this Section, "public place" means any place
9 where a person could reasonably be expected to be observed by
10 others. "Public place" includes all parts of buildings owned in
11 whole or in part, or leased, by the State or a unit of local
12 government. "Public place" does not include a private residence
13 unless the private residence is used to provide licensed child
14 care, foster care, or other similar social service care on the
15 premises.
16     (b) Nothing in this Act shall be construed to prevent the
17 arrest or prosecution of a person for reckless driving or
18 driving under the influence of cannabis if probable cause
19 exists.
20     (c) Nothing in this Act shall prevent a private business
21 from restricting or prohibiting the use of cannabis on its
22 property, including areas where motor vehicles are parked.
23     (d) Nothing in this Act shall require an individual or
24 business entity to violate the provisions of federal law,
25 including colleges or universities that must abide by the
26 Drug-Free Schools and Communities Act Amendments of 1989, that



  10100HB1438sam002– 53 –LRB101 04919 RLC 61359 a
1 require campuses to be drug free.
2     Section 10-40. Restore, Reinvest, and Renew Program.
3     (a) The General Assembly finds that in order to address the
4 disparities described below, aggressive approaches and
5 targeted resources to support local design and control of
6 community-based responses to these outcomes are required. To
7 carry out this intent, the Restore, Reinvest, and Renew (R3)
8 Program is created for the following purposes:
9         (1) to directly address the impact of economic
10     disinvestment, violence, and the historical overuse of
11     criminal justice responses to community and individual
12     needs by providing resources to support local design and
13     control of community-based responses to these impacts;
14         (2) to substantially reduce both the total amount of
15     gun violence and concentrated poverty in this State;
16         (3) to protect communities from gun violence through
17     targeted investments and intervention programs, including
18     economic growth and improving family violence prevention,
19     community trauma treatment rates, gun injury victim
20     services, and public health prevention activities;
21         (4) to promote employment infrastructure and capacity
22     building related to the social determinants of health in
23     the eligible community areas.
24     (b) In this Section, "Authority" means the Illinois
25 Criminal Justice Information Authority in coordination with



  10100HB1438sam002– 54 –LRB101 04919 RLC 61359 a
1 the Justice, Equity, and Opportunity Initiative of the
2 Lieutenant Governor's Office.
3     (c) Eligibility of R3 Areas. Within 180 days after the
4 effective date of this Act, the Authority shall identify as
5 eligible, areas in this State by way of historically recognized
6 geographic boundaries, to be designated by the Restore,
7 Reinvest, and Renew Program Board as R3 Areas and therefore
8 eligible to apply for R3 funding. Local groups within R3 Areas
9 will be eligible to apply for State funding through the
10 Restore, Reinvest, and Renew Program Board. Qualifications for
11 designation as an R3 Area are as follows:
12         (1) Based on an analysis of data, communities in this
13     State that are high need, underserved, disproportionately
14     impacted by historical economic disinvestment, and ravaged
15     by violence as indicated by the highest rates of gun
16     injury, unemployment, child poverty rates, and commitments
17     to and returns from the Illinois Department of Corrections.
18         (2) The Authority shall send to the Legislative Audit
19     Commission and make publicly available its analysis and
20     identification of eligible R3 Areas and shall recalculate
21     he eligibility data every 4 years. On an annual basis, the
22     Authority shall analyze data and indicate if data covering
23     any R3 Area or portion of an Area has, for 4 consecutive
24     years, substantially deviated from the average of
25     statewide data on which the original calculation was made
26     to determine the Areas, including disinvestment, violence,



  10100HB1438sam002– 55 –LRB101 04919 RLC 61359 a
1     gun injury, unemployment, child poverty rates, or
2     commitments to or returns from the Illinois Department of
3     Corrections.
4     (d) The Restore, Reinvest, and Renew Program Board shall
5 encourage collaborative partnerships within each R3 Area to
6 minimize multiple partnerships per Area.
7     (e) The Restore, Reinvest, and Renew Program Board is
8 created and shall reflect the diversity of the State of
9 Illinois, including geographic, racial, and ethnic diversity.
10 Using the data provided by the Authority, the Restore,
11 Reinvest, and Renew Program Board shall be responsible for
12 designating the R3 Area boundaries and for the selection and
13 oversight of R3 Area grantees. The Restore, Reinvest, and Renew
14 Program Board ex officio members shall, within 4 months after
15 the effective date of this Act, convene the Board to appoint a
16 full Restore, Reinvest, and Renew Program Board and oversee,
17 provide guidance to, and develop an administrative structure
18 for the R3 Program.
19             (1) The ex officio members are:
20                 (A) The Lieutenant Governor, or his or her
21             designee, who shall serve as chair.
22                 (B) The Attorney General, or his or her
23             designee.
24                 (C) The Director of Commerce and Economic
25             Opportunity, or his or her designee.
26                 (D) The Director of Public Health, or his or



  10100HB1438sam002– 56 –LRB101 04919 RLC 61359 a
1             her designee.
2                 (E) The Director of Corrections, or his or her
3             designee.
4                 (F) The Executive Director of the Illinois
5             Criminal Justice Information Authority, or his or
6             her designee.
7                 (G) The Director of Employment Security, or
8             his or her designee.
9                 (H) The Secretary of Human Services, or his or
10             her designee.
11                 (I) A member of the Senate, designated by the
12             President of the Senate.
13                 (J) A member of the House of Representatives,
14             designated by the Speaker of the House of
15             Representatives.
16                 (K) A member of the Senate, designated by the
17             Minority Leader of the Senate.
18                 (L) A member of the House of Representatives,
19             designated by the Minority Leader of the House of
20             Representatives.
21         (2) Within 90 days after the R3 Areas have been
22     designated by the Restore, Reinvest, and Renew Program
23     Board, the following members shall be appointed to the
24     Board by the R3 board chair:
25             (A) public officials of municipal geographic
26         jurisdictions in the State that include an R3 Area, or



  10100HB1438sam002– 57 –LRB101 04919 RLC 61359 a
1         their designees;
2             (B) 4 community-based providers or community
3         development organization representatives who provide
4         services to treat violence and address the social
5         determinants of health, or promote community
6         investment, including, but not limited to, services
7         such as job placement and training, educational
8         services, workforce development programming, and
9         wealth building. The community-based organization
10         representatives shall work primarily in jurisdictions
11         that include an R3 Area and no more than 2
12         representatives shall work primarily in Cook County.
13         At least one of the community-based providers shall
14         have expertise in providing services to an immigrant
15         population;
16             (C) Two experts in the field of violence reduction;
17             (D) One male who has previously been incarcerated
18         and is over the age of 24 at time of appointment;
19             (E) One female who has previously been
20         incarcerated and is over the age of 24 at time of
21         appointment;
22             (F) Two individuals who have previously been
23         incarcerated and are between the ages of 17 and 24 at
24         time of appointment.
25         As used in this paragraph (2), "an individual who has
26     been previously incarcerated" means a person who has been



  10100HB1438sam002– 58 –LRB101 04919 RLC 61359 a
1     convicted of or pled guilty to one or more felonies, who
2     was sentenced to a term of imprisonment, and who has
3     completed his or her sentence. Board members shall serve
4     without compensation and may be reimbursed for reasonable
5     expenses incurred in the performance of their duties from
6     funds appropriated for that purpose. Once all its members
7     have been appointed as outlined in items (A) through (F) of
8     this paragraph (2), the Board may exercise any power,
9     perform any function, take any action, or do anything in
10     furtherance of its purposes and goals upon the appointment
11     of a quorum of its members. The Board terms of the non-ex
12     officio and General Assembly Board members shall end 4
13     years from the date of appointment.
14     (f) Within 12 months after the effective date of this Act,
15 the Board shall:
16         (1) develop a process to solicit applications from
17     eligible R3 Areas;
18         (2) develop a standard template for both planning and
19     implementation activities to be submitted by R3 Areas to
20     the State;
21         (3) identify resources sufficient to support the full
22     administration and evaluation of the R3 Program, including
23     building and sustaining core program capacity at the
24     community and State levels;
25         (4) review R3 Area grant applications and proposed
26     agreements and approve the distribution of resources;



  10100HB1438sam002– 59 –LRB101 04919 RLC 61359 a
1         (5) develop a performance measurement system that
2     focuses on positive outcomes;
3         (6) develop a process to support ongoing monitoring and
4     evaluation of R3 programs; and
5         (7) deliver an annual report to the General Assembly
6     and to the Governor to be posted on the Governor's Office
7     and General Assembly websites and provide to the public an
8     annual report on its progress.
9     (g) R3 Area grants.
10         (1) Grant funds shall be awarded by the Illinois
11     Criminal Justice Information Authority, in coordination
12     with the R3 board, based on the likelihood that the plan
13     will achieve the outcomes outlined in subsection (a) and
14     consistent with the requirements of the Grant
15     Accountability and Transparency Act. The R3 Program shall
16     also facilitate the provision of training and technical
17     assistance for capacity building within and among R3 Areas.
18         (2) R3 Program Board grants shall be used to address
19     economic development, violence prevention services,
20     re-entry services, youth development, and civil legal aid.
21         (3) The Restore, Reinvest, and Renew Program Board and
22     the R3 Area grantees shall, within a period of no more than
23     120 days from the completion of planning activities
24     described in this Section, finalize an agreement on the
25     plan for implementation. Implementation activities may:
26             (A) have a basis in evidence or best practice



  10100HB1438sam002– 60 –LRB101 04919 RLC 61359 a
1         research or have evaluations demonstrating the
2         capacity to address the purpose of the program in
3         subsection (a);
4             (B) collect data from the inception of planning
5         activities through implementation, with data
6         collection technical assistance when needed, including
7         cost data and data related to identified meaningful
8         short-term, mid-term, and long-term goals and metrics;
9             (C) report data to the Restore, Reinvest, and Renew
10         Program Board biannually; and
11             (D) report information as requested by the R3
12         Program Board.
13     Section 10-50. Employment; employer liability.
14     (a) Nothing in this Act shall prohibit an employer from
15 adopting reasonable zero tolerance or drug free workplace
16 policies, or employment policies concerning drug testing,
17 smoking, consumption, storage, or use of cannabis in the
18 workplace or while on call provided that the policy is applied
19 in a nondiscriminatory manner.
20     (b) Nothing in this Act shall require an employer to permit
21 an employee to be under the influence of or use cannabis in the
22 employer's workplace or while performing the employee's job
23 duties or while on call.
24     (c) Nothing in this Act shall limit or prevent an employer
25 from disciplining an employee or terminating employment of an



  10100HB1438sam002– 61 –LRB101 04919 RLC 61359 a
1 employee for violating an employer's employment policies or
2 workplace drug policy.
3     (d) An employer may consider an employee to be impaired or
4 under the influence of cannabis if the employer has a good
5 faith belief that an employee manifests specific, articulable
6 symptoms while working that decrease or lessen the employee's
7 performance of the duties or tasks of the employee's job
8 position, including symptoms of the employee's speech,
9 physical dexterity, agility, coordination, demeanor,
10 irrational or unusual behavior, or negligence or carelessness
11 in operating equipment or machinery; disregard for the safety
12 of the employee or others, or involvement in any accident that
13 results in serious damage to equipment or property; disruption
14 of a production or manufacturing process; or carelessness that
15 results in any injury to the employee or others. If an employer
16 elects to discipline an employee on the basis that the employee
17 is under the influence or impaired by cannabis, the employer
18 must afford the employee a reasonable opportunity to contest
19 the basis of the determination.
20     (e) Nothing in this Act shall be construed to create or
21 imply a cause of action for any person against an employer for:
22         (1) actions, including but not limited to subjecting an
23     employee or applicant to reasonable drug and alcohol
24     testing under the employer's workplace drug policy,
25     including an employee's refusal to be tested or to
26     cooperate in testing procedures or disciplining or



  10100HB1438sam002– 62 –LRB101 04919 RLC 61359 a
1     termination of employment, based on the employer's good
2     faith belief that an employee used or possessed cannabis in
3     the employer's workplace or while performing the
4     employee's job duties or while on call in violation of the
5     employer's employment policies;
6         (2) actions, including discipline or termination of
7     employment, based on the employer's good faith belief that
8     an employee was impaired as a result of the use of
9     cannabis, or under the influence of cannabis, while at the
10     employer's workplace or while performing the employee's
11     job duties or while on call in violation of the employer's
12     workplace drug policy; or
13         (3) injury, loss, or liability to a third party if the
14     employer neither knew nor had reason to know that the
15     employee was impaired.
16     (f) Nothing in this Act shall be construed to enhance or
17 diminish protections afforded by any other law, including but
18 not limited to the Compassionate Use of Medical Cannabis Pilot
19 Program Act or the Opioid Alternative Pilot Program.
20     (g) Nothing in this Act shall be construed to interfere
21 with any federal, State, or local restrictions on employment
22 including, but not limited to, the United States Department of
23 Transportation regulation 49 CFR 40.151(e) or impact an
24 employer's ability to comply with federal or State law or cause
25 it to lose a federal or State contract or funding.
26     (h) As used in this Section, "workplace" means the



  10100HB1438sam002– 63 –LRB101 04919 RLC 61359 a
1 employer's premises, including any building, real property,
2 and parking area under the control of the employer or area used
3 by an employee while in performance of the employee's job
4 duties, and vehicles, whether leased, rented, or owned.
5 "Workplace" may be further defined by the employer's written
6 employment policy, provided that the policy is consistent with
7 this Section.
8     (i) For purposes of this Section, an employee is deemed "on
9 call" when such employee is scheduled with at least 24 hours'
10 notice by his or her employer to be on standby or otherwise
11 responsible for performing tasks related to his or her
12 employment either at the employer's premises or other
13 previously designated location by his or her employer or
Thomas Howard

Thomas Howard

Cannabis Lawyer

Thomas Howard has been in business for years and can help yours navigate towards more profitable waters.

Blumenauer-McClintock Amendment

Blumenauer-McClintock Amendment

What is the Blumenauer-McClintock Amendment? The Blumenauer-McClintock Amendment is a expansion of the defunding of the Department of Justice from interfering with any state that has passed its own marijuana laws. It expands on the current defunding for the Department...

Texas Legalizes Hemp

Texas Legalizes Hemp

Texas Legalizes Hemp Texas Governor Greg Abbott signed a bill legalizing hemp and hemp-derived products the week of June 12, 2019. This bill sets in motion a process for creating state regulations regarding production of hemp as well as clarifies that hemp-based...

Seattle Hempfest Lawsuit

Seattle Hempfest Lawsuit

Hempfest Organizer Sues Washington State Seattle Hempfest had enough of the State of Washington's 1st Amendment trouncing and filed a lawsuit against them.  The Washington State Liquor and Cannabis Board (WSLCB) put into place new restrictions on signage for...



Listen to the Potcast, or watch it above. VeedVerks Sponsors NASCAR Travis Lippert fromm VeedVerks visited the Cannabis Legalization News channel to discuss his company's sponsorship of NASCAR racer Carl Long - which marked his comeback to racing after being on the...

marijuana and money laundering

marijuana and money laundering

Money Laundering & Marijuana Industry 6 February, 2018 Thomas Howard Follow on Social Media Facebook Instagram Youtube linkedin Marijuana being a schedule I drug declared unlawful under the Controlled Substances Act of 1970 has not stopped the majority of states...

The SAFE Banking Act

The SAFE Banking Act

A Bill introduced to Congress and dubbed the Secure and Fair Enforcement (SAFE) Banking Act of 2019 includes big changes to federal marijuana policy.  The SAFE Act does the following: Safe harbor for Depsository Institutions Federal Bank regulators cannot prohibit...

The Marijuana Justice Act of 2019

The Marijuana Justice Act of 2019

Cannabis Justice Proposed in Congress On February 28, 2019, Democrats in both the Senate and the House of Representatives introduced a sweeping reform of that nation's cannabis laws.  The  Marijuana Justice Act of 2019 not only deschedules cannabis from the Controlled...

Why is CBD Oil “Legal” in All 50 states?

Why is CBD Oil “Legal” in All 50 states?

After the Farm Bill - is CBD from Hemp Legal in all 50 states?     Is CBD Legal in all 50 states? Here's the transcript of the video to answer that question: Hi, I'm the cannabis industry lawyer answering your cannabis legal questions so that you can...

August Cannabis Legalization Update

August Cannabis Legalization Update

Have a Cannabis Issue? Ask your cannabis industry question to Tom Howard now & Enjoy the August Cannabis Legalization Update.   A Rising Star and Emerging Lawyer, which only 2% of all attorneys receive. Practicing in contract litigation with a concentration...

The Secure & Fair Enforcement Act

The Secure & Fair Enforcement Act

Secure & Fair Enforcement (SAFE) Act 2 March, 2018 Cash is king – So the Congress introduced one of the many pro cannabis laws – the SAFE Act. Secure & Fair Enforcement Act This was one of the first YouTubes that I did back in February of 2018. Fortunately,...

Need A Cannabis Attorney?

Our cannabis business attorneys are also business owners.  They can help you structure your business or help protect it from overly burdensome regulations.


9 + 5 =

cannabis industry lawyer

316 SW Washington St, Suite 1A Peoria,
IL 61602, USA
Call Us 309-740-4033 || e-Mail Us tom@collateralbase.com

cannabis industry lawyer

150 S. Wacker Drive,
Suite 2400 Chicago IL, 60606, USA
Call Us 312-741-1009  || e-Mail Us tom@collateralbase.com

cannabis industry lawyer

316 SW Washington St, Suite 1A Peoria,
IL 61602, USA
Call Us 309-740-4033 || e-Mail Us tom@collateralbase.com

cannabis industry lawyer

150 S. Wacker Drive,
Suite 2400 Chicago IL, 60606, USA
Call Us 312-741-1009  || e-Mail Us tom@collateralbase.com

cannabis industry lawyer

316 SW Washington St,Peoria,
IL 61602, USA
Call Us (309) 740-4033 || e-Mail Us tom@collateralbase.com
0/5 (0 Reviews)
Share This