103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2430

 

Introduced 2/15/2023, by Rep. Marcus C. Evans, Jr.

 

SYNOPSIS AS INTRODUCED:
 
410 ILCS 705/10-5

    Amends the Cannabis Regulation and Tax Act. Provides that the Department of Agriculture shall adopt rules to establish cannabis nursery licenses that allow for the sale of cannabis seeds, seedlings, and cuttings to registered qualifying patients under the Compassionate Use of Medical Cannabis Act for the purposes of home cultivation, subject to specified provisions.


LRB103 29916 AWJ 56328 b

 

 

A BILL FOR

 

HB2430LRB103 29916 AWJ 56328 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Cannabis Regulation and Tax Act is amended
5by changing Section 10-5 as follows:
 
6    (410 ILCS 705/10-5)
7    Sec. 10-5. Personal use of cannabis; restrictions on
8cultivation; penalties.
9    (a) Beginning January 1, 2020, notwithstanding any other
10provision of law, and except as otherwise provided in this
11Act, the following acts are not a violation of this Act and
12shall not be a criminal or civil offense under State law or the
13ordinances of any unit of local government of this State or be
14a basis for seizure or forfeiture of assets under State law for
15persons other than natural individuals under 21 years of age:
16        (1) possession, consumption, use, purchase, obtaining,
17    or transporting cannabis paraphernalia or an amount of
18    cannabis for personal use that does not exceed the
19    possession limit under Section 10-10 or otherwise in
20    accordance with the requirements of this Act;
21        (2) cultivation of cannabis for personal use in
22    accordance with the requirements of this Act; and
23        (3) controlling property if actions that are

 

 

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1    authorized by this Act occur on the property in accordance
2    with this Act.
3    (a-1) Beginning January 1, 2020, notwithstanding any other
4provision of law, and except as otherwise provided in this
5Act, possessing, consuming, using, purchasing, obtaining, or
6transporting cannabis paraphernalia or an amount of cannabis
7purchased or produced in accordance with this Act that does
8not exceed the possession limit under subsection (a) of
9Section 10-10 shall not be a basis for seizure or forfeiture of
10assets under State law.
11    (b) Cultivating cannabis for personal use is subject to
12the following limitations:
13        (1) An Illinois resident 21 years of age or older who
14    is a registered qualifying patient under the Compassionate
15    Use of Medical Cannabis Program Act may cultivate cannabis
16    plants, with a limit of 5 plants that are more than 5
17    inches tall, per household without a cultivation center or
18    craft grower license. In this Section, "resident" means a
19    person who has been domiciled in the State of Illinois for
20    a period of 30 days before cultivation.
21        (2) Cannabis cultivation must take place in an
22    enclosed, locked space.
23        (3) Adult registered qualifying patients may purchase
24    cannabis seeds from a dispensary for the purpose of home
25    cultivation. Seeds may not be given or sold to any other
26    person.

 

 

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1        (4) Cannabis plants shall not be stored or placed in a
2    location where they are subject to ordinary public view,
3    as defined in this Act. A registered qualifying patient
4    who cultivates cannabis under this Section shall take
5    reasonable precautions to ensure the plants are secure
6    from unauthorized access, including unauthorized access by
7    a person under 21 years of age.
8        (5) Cannabis cultivation may occur only on residential
9    property lawfully in possession of the cultivator or with
10    the consent of the person in lawful possession of the
11    property. An owner or lessor of residential property may
12    prohibit the cultivation of cannabis by a lessee.
13        (6) (Blank).
14        (7) A dwelling, residence, apartment, condominium
15    unit, enclosed, locked space, or piece of property not
16    divided into multiple dwelling units shall not contain
17    more than 5 plants at any one time.
18        (8) Cannabis plants may only be tended by registered
19    qualifying patients who reside at the residence, or their
20    authorized agent attending to the residence for brief
21    periods, such as when the qualifying patient is
22    temporarily away from the residence.
23        (9) A registered qualifying patient who cultivates
24    more than the allowable number of cannabis plants, or who
25    sells or gives away cannabis plants, cannabis, or
26    cannabis-infused products produced under this Section, is

 

 

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1    liable for penalties as provided by law, including the
2    Cannabis Control Act, in addition to loss of home
3    cultivation privileges as established by rule.
4        (10) The Department shall adopt rules to establish
5    cannabis nursery licenses that allow for the sale of
6    cannabis seeds, seedlings, and cuttings to registered
7    qualifying patients under the Compassionate Use of Medical
8    Cannabis Act for the purposes of home cultivation, subject
9    to the requirements of this Section.
10(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)