102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4799

 

Introduced 1/27/2022, by Rep. Carol Ammons - Kelly M. Cassidy

 

SYNOPSIS AS INTRODUCED:
 
410 ILCS 705/10-5

    Amends the Cannabis Regulation and Tax Act. Provides that an Illinois resident 21 years of age or older (rather than a person who is a registered qualifying patient under the Compassionate Use of Medical Cannabis Program Act) may cultivate cannabis plants, with a limit of 5 plants that are more than 5 inches tall, per household without a cultivation center or craft grower license. Provides that an Illinois resident 21 years of age or older (rather than adult registered qualifying patients) may purchase cannabis seeds from a dispensary for the purpose of home cultivation. Provides that an Illinois resident 21 years of age or older (rather than a registered qualifying patient) who cultivates more than the allowable number of cannabis plants, or who sells or gives away cannabis plants, cannabis, or cannabis-infused products produced under this provision, is liable for penalties as provided by law, including the Cannabis Control Act (deletes in addition to loss of home cultivation privileges as established by rule). Deletes provision that cannabis plants may only be tended by registered qualifying patients who reside at the residence, or their authorized agent attending to the residence for brief periods, such as when the qualifying patient is temporarily away from the residence.


LRB102 25513 CPF 34802 b

 

 

A BILL FOR

 

HB4799LRB102 25513 CPF 34802 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) An Illinois resident 21 years of age or older
24    Adult registered qualifying patients may purchase cannabis
25    seeds from a dispensary for the purpose of home
26    cultivation. Seeds may not be given or sold to any other

 

 

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

 

 

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1    away cannabis plants, cannabis, or cannabis-infused
2    products produced under this Section, is liable for
3    penalties as provided by law, including the Cannabis
4    Control Act, in addition to loss of home cultivation
5    privileges as established by rule.
6(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)