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HB 1438 - Authorizes Sale and Use of Recreational Cannabis - Illinois Key Vote

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Title: Authorizes Sale and Use of Recreational Cannabis

See How Your Politicians Voted

Title: Authorizes Sale and Use of Recreational Cannabis

Vote Smart's Synopsis:

Vote to concur with senate amendments and pass a bill that authorizes the sale and use of recreational cannabis.

Highlights:

 

  • Authorizes residents of the state age 21 or older to possess up to 30 grams of cannabis, no more than 500mg of THC contained in cannabis-infused product, and 5 grams of cannabis concentrate (Sec. 10-10).

  • Authorizes non-residents of the state to possess up to 15 grams of cannabis, 2.5 grams of cannabis concentrate, and 250mg of THC contained in a cannabis-infused product (Sec. 10-10).

  • Authorizes registered qualifying patients under the Compassionate Use of Medical Cannabis Pilot Program Act to cultivate up to 5 cannabis plants that are more than 5 inches tall per household without a cultivation center or craft grower license (Sec. 10-5).

  • Authorizes registered qualifying patients to purchase cannabis seeds from a dispensary for the purpose of home cultivation (Sec. 10-5).

  • Requires cannabis plants to not be stored or placed in a location where they cannot be seen from a public street or sidewalk adjacent to the property, or from within an adjacent property, with normal visual range unassisted by any visual aids (Sec. 10-5).

  • Requires cultivation to occur only on residential property lawfully in possession of the cultivator or with consent of the person in lawful possession of the property (Sec. 10-5).

  • Authorizes owners or lessors of residential property to prohibit cultivation of cannabis by a lessee unless the lessee obtains permission by the property owner (Sec. 10-5).

  • Requires registered qualified patients to securely store any amount of cannabis produced by their cannabis plants exceeding 30 grams or the equivalents within the property it is grown in (Sec. 10-10).

  • Requires the Department of Agriculture to administer and enforce provisions relating to the oversight and registration of cultivation centers, craft growers, infuser organizations, transporting organizations and agents, including issuing ID cards and establishing limits on potency and serving sizes for cannabis and cannabis products (Sec. 5-10).

  • Authorizes the Department of Agriculture to suspend or revoke the license of cultivation centers and craft growers or impose other penalties (Sec. 5-10).

  • Specifies that employers can adopt zero tolerance/drug free workplace policies, or employment policies concerning drug testing, smoking, consumption, storage, or use of cannabis in the workplace or while on call provided that the policy is applied in a nondiscriminatory manner (Sec. 10-50).

  • Specifies that nothing in the act can be construed to interfere with any federal, state, or local restrictions on employment or impact the employer’s ability to comply with federal or state law or cause it to lose a federal or state contract or funding (Sec. 10-50).

  • Amends the Criminal Identification Act’s section on expungement to include automatic expungement of all criminal history records of an arrest, charge not initiated by arrest, order of supervision, or order of qualified probation for a minor cannabis offense committed prior to the effective date of this legislation if certain conditions are met, including (Sec. 900-12):

    • If one or more year has elapsed since the date of the arrest or law enforcement interaction documented in records; and

    • No criminal charges were filed relating or the arrest or law enforcement interaction, or criminal charges were filed and subsequently dismissed or vacated or the arrestee was acquitted.

  • Requires the Department of State Police to review all criminal history record information and ID all records that meet certain criteria, including (Sec. 900-12):

    • One or more convictions for a Minor Cannabis Offense;

    • The conviction identified above did not include a penalty enhancement under Section 7 of the Cannabis Control Act; and

    • The conviction identified above is not associated with an arrest, conviction, or other disposition for a violent crime.

  • Requires the Department of State Police to notify the Prisoner Review Board of all those records that meet the criteria (Sec. 900-12).

  • Requires the Prisoner Review Board to make confidential and privileged recommendations as to whether a pardon authorizing expungement should be granted for each record meeting the above criteria (Sec. 900-12).

See How Your Politicians Voted

Title: Authorizes Sale and Use of Recreational Cannabis

Vote Smart's Synopsis:

Vote to pass a bill that authorizes the sale and use of recreational cannabis.

Highlights:

 

  • Authorizes residents of the state age 21 or older to possess up to 30 grams of cannabis, no more than 500mg of THC contained in cannabis-infused product, and 5 grams of cannabis concentrate (Sec. 10-10).

  • Authorizes non-residents of the state to possess up to 15 grams of cannabis, 2.5 grams of cannabis concentrate, and 250mg of THC contained in a cannabis-infused product (Sec. 10-10).

  • Authorizes registered qualifying patients under the Compassionate Use of Medical Cannabis Pilot Program Act to cultivate up to 5 cannabis plants that are more than 5 inches tall per household without a cultivation center or craft grower license (Sec. 10-5).

  • Authorizes registered qualifying patients to purchase cannabis seeds from a dispensary for the purpose of home cultivation (Sec. 10-5).

  • Requires cannabis plants to not be stored or placed in a location where they cannot be seen from a public street or sidewalk adjacent to the property, or from within an adjacent property, with normal visual range unassisted by any visual aids (Sec. 10-5).

  • Requires cultivation to occur only on residential property lawfully in possession of the cultivator or with consent of the person in lawful possession of the property (Sec. 10-5).

  • Authorizes owners or lessors of residential property to prohibit cultivation of cannabis by a lessee unless the lessee obtains permission by the property owner (Sec. 10-5).

  • Requires registered qualified patients to securely store any amount of cannabis produced by their cannabis plants exceeding 30 grams or the equivalents within the property it is grown in (Sec. 10-10).

  • Requires the Department of Agriculture to administer and enforce provisions relating to the oversight and registration of cultivation centers, craft growers, infuser organizations, transporting organizations and agents, including issuing ID cards and establishing limits on potency and serving sizes for cannabis and cannabis products (Sec. 5-10).

  • Authorizes the Department of Agriculture to suspend or revoke the license of cultivation centers and craft growers or impose other penalties (Sec. 5-10).

  • Specifies that employers can adopt zero tolerance/drug free workplace policies, or employment policies concerning drug testing, smoking, consumption, storage, or use of cannabis in the workplace or while on call provided that the policy is applied in a nondiscriminatory manner (Sec. 10-50).

  • Specifies that nothing in the act can be construed to interfere with any federal, state, or local restrictions on employment or impact the employer’s ability to comply with federal or state law or cause it to lose a federal or state contract or funding (Sec. 10-50).

  • Amends the Criminal Identification Act’s section on expungement to include automatic expungement of all criminal history records of an arrest, charge not initiated by arrest, order of supervision, or order of qualified probation for a minor cannabis offense committed prior to the effective date of this legislation if certain conditions are met, including (Sec. 900-12):

    • If one or more year has elapsed since the date of the arrest or law enforcement interaction documented in records; and

    • No criminal charges were filed relating or the arrest or law enforcement interaction, or criminal charges were filed and subsequently dismissed or vacated or the arrestee was acquitted.

  • Requires the Department of State Police to review all criminal history record information and ID all records that meet certain criteria, including (Sec. 900-12):

    • One or more convictions for a Minor Cannabis Offense;

    • The conviction identified above did not include a penalty enhancement under Section 7 of the Cannabis Control Act; and

    • The conviction identified above is not associated with an arrest, conviction, or other disposition for a violent crime.

  • Requires the Department of State Police to notify the Prisoner Review Board of all those records that meet the criteria (Sec. 900-12).

  • Requires the Prisoner Review Board to make confidential and privileged recommendations as to whether a pardon authorizing expungement should be granted for each record meeting the above criteria (Sec. 900-12).

Title: Authorizes Sale and Use of Recreational Cannabis

Title: Authorizes Sale and Use of Recreational Cannabis

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