Illinois General Assembly - Full Text of HB3883
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB3883  103rd General Assembly

HB3883 103RD GENERAL ASSEMBLY

  
  

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3883

 

Introduced 2/17/2023, by Rep. Michael J. Kelly

 

SYNOPSIS AS INTRODUCED:
 
New Act
20 ILCS 2610/12.5
410 ILCS 130/30
410 ILCS 705/10-35

    Creates the First Responder Cannabis Testing Act. Provides that, before a first responder may be tested for any substance prohibited by the Cannabis Control Act, the person ordering the test must demonstrate there is cause for testing, such as an actual suspicion that the first responder is currently intoxicated with a substance prohibited under the Cannabis Control Act or there was vehicular crash or other accident at work that may have been caused by intoxication with a substance prohibited under the Cannabis Control Act. Provides that a test administered to detect any substance prohibited under the Cannabis Control Act shall be a saliva-based test and may not be a urine, blood, or hair follicle test. Provides that, if a first responder tests positive for any substance prohibited under the Cannabis Control Act, that first responder may be discharged only if there is evidence that the first responder was intoxicated with a substance prohibited under the Cannabis Control Act immediately prior to the start of or during the first responder's shift. Limits the concurrent exercise of home rule powers. Makes conforming changes in the Illinois State Police Act, the Compassionate Use of Medical Cannabis Program Act, and the Cannabis Regulation and Tax Act.


LRB103 30421 AWJ 56851 b

 

 

A BILL FOR

 

HB3883LRB103 30421 AWJ 56851 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the First
5Responder Cannabis Testing Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Emergency medical personnel" has the meaning given to
8that term in Section 3.5 of the Emergency Medical Services
9(EMS) Systems Act.
10    "First responder" means a law enforcement officer,
11firefighter, emergency medical services personnel, or public
12safety telecommunicator.
13    "Law enforcement officer" has the meaning given to that
14term in Section 5 of the Law Enforcement Officer Bulletproof
15Vest Act.
16    "Public safety telecommunicator" has the meaning given to
17that term in Section 2 of the Emergency Telephone Systems Act.
 
18    Section 10. Employee testing.
19    (a) Before a first responder may be tested for any
20substance prohibited under the Cannabis Control Act, the
21person ordering the test must demonstrate there is cause for
22testing, such as an actual suspicion that the first responder

 

 

HB3883- 2 -LRB103 30421 AWJ 56851 b

1is currently intoxicated with a substance prohibited by the
2Cannabis Control Act or there was an vehicular crash or other
3accident at work that may have been caused by intoxication
4with a substance prohibited under the Cannabis Control Act.
5    (b) A test administered to detect any substance prohibited
6under the Cannabis Control Act under this Section shall be a
7saliva-based test and may not be a urine, blood, or hair
8follicle test.
 
9    Section 15. Positive test. If a first responder tests
10positive for any substance prohibited under the Cannabis
11Control Act, that first responder may be discharged only if
12there is evidence that the first responder was intoxicated
13with a substance prohibited under the Cannabis Control Act
14immediately prior to the start of or during the first
15responder's shift.
 
16    Section 20. Conflict with other laws. To the extent this
17Act conflicts with any other provision of law, this Act
18controls.
 
19    Section 25. Home rule. A home rule unit may not regulate
20drug testing in a manner inconsistent with this Act. This Act
21is a limitation under subsection (i) of Section 6 of Article
22VII of the Illinois Constitution on the concurrent exercise by
23home rule units of powers and functions exercised by the

 

 

HB3883- 3 -LRB103 30421 AWJ 56851 b

1State.
 
2    Section 30. The Illinois State Police Act is amended by
3changing Section 12.5 as follows:
 
4    (20 ILCS 2610/12.5)
5    Sec. 12.5. Drug Zero tolerance drug policy. Any person
6employed by the Illinois State Police who tests positive in
7accordance with established Illinois State Police drug testing
8procedures for any substance prohibited by the Illinois
9Controlled Substances Act or the Methamphetamine Control and
10Community Protection Act shall be discharged from employment.
11Testing Any person employed by the Illinois State Police who
12tests positive in accordance with established Illinois State
13Police drug testing procedures for any substance prohibited by
14the Cannabis Control Act and disciplinary actions for a
15positive test must be conducted in accordance with the First
16Responder Cannabis Testing Act may be discharged from
17employment. Refusal to submit to a drug test, ordered in
18accordance with Illinois State Police procedures, by any
19person employed by the Illinois State Police shall be
20construed as a positive test, and the person shall be
21discharged from employment. The changes made in this Section
22by this amendatory Act of the 100th General Assembly shall
23apply to all pending and future incidents under this Section.
24(Source: P.A. 102-538, eff. 8-20-21.)
 

 

 

HB3883- 4 -LRB103 30421 AWJ 56851 b

1    Section 35. The Compassionate Use of Medical Cannabis
2Program Act is amended by changing Section 30 as follows:
 
3    (410 ILCS 130/30)
4    Sec. 30. Limitations and penalties.
5    (a) This Act does not permit any person to engage in, and
6does not prevent the imposition of any civil, criminal, or
7other penalties for engaging in, the following conduct:
8        (1) Undertaking any task under the influence of
9    cannabis, when doing so would constitute negligence,
10    professional malpractice, or professional misconduct;
11        (2) Possessing cannabis:
12            (A) except as provided under Section 22-33 of the
13        School Code, in a school bus;
14            (B) except as provided under Section 22-33 of the
15        School Code, on the grounds of any preschool or
16        primary or secondary school;
17            (C) in any correctional facility;
18            (D) in a vehicle under Section 11-502.1 of the
19        Illinois Vehicle Code;
20            (E) in a vehicle not open to the public unless the
21        medical cannabis is in a reasonably secured, sealed
22        container and reasonably inaccessible while the
23        vehicle is moving; or
24            (F) in a private residence that is used at any time

 

 

HB3883- 5 -LRB103 30421 AWJ 56851 b

1        to provide licensed child care or other similar social
2        service care on the premises;
3        (3) Using cannabis:
4            (A) except as provided under Section 22-33 of the
5        School Code, in a school bus;
6            (B) except as provided under Section 22-33 of the
7        School Code, on the grounds of any preschool or
8        primary or secondary school;
9            (C) in any correctional facility;
10            (D) in any motor vehicle;
11            (E) in a private residence that is used at any time
12        to provide licensed child care or other similar social
13        service care on the premises;
14            (F) except as provided under Section 22-33 of the
15        School Code and Section 31 of this Act, in any public
16        place. "Public place" as used in this subsection means
17        any place where an individual could reasonably be
18        expected to be observed by others. A "public place"
19        includes all parts of buildings owned in whole or in
20        part, or leased, by the State or a local unit of
21        government. A "public place" does not include a
22        private residence unless the private residence is used
23        to provide licensed child care, foster care, or other
24        similar social service care on the premises. For
25        purposes of this subsection, a "public place" does not
26        include a health care facility. For purposes of this

 

 

HB3883- 6 -LRB103 30421 AWJ 56851 b

1        Section, a "health care facility" includes, but is not
2        limited to, hospitals, nursing homes, hospice care
3        centers, and long-term care facilities;
4            (G) except as provided under Section 22-33 of the
5        School Code and Section 31 of this Act, knowingly in
6        close physical proximity to anyone under the age of 18
7        years of age;
8        (4) Smoking medical cannabis in any public place where
9    an individual could reasonably be expected to be observed
10    by others, in a health care facility, or any other place
11    where smoking is prohibited under the Smoke Free Illinois
12    Act;
13        (5) Operating, navigating, or being in actual physical
14    control of any motor vehicle, aircraft, or motorboat while
15    using or under the influence of cannabis in violation of
16    Sections 11-501 and 11-502.1 of the Illinois Vehicle Code;
17        (6) Using or possessing cannabis if that person does
18    not have a debilitating medical condition and is not a
19    registered qualifying patient or caregiver;
20        (7) Allowing any person who is not allowed to use
21    cannabis under this Act to use cannabis that a cardholder
22    is allowed to possess under this Act;
23        (8) Transferring cannabis to any person contrary to
24    the provisions of this Act;
25        (9) The use of medical cannabis by an active duty law
26    enforcement officer, correctional officer, correctional

 

 

HB3883- 7 -LRB103 30421 AWJ 56851 b

1    probation officer, or firefighter, except as limited by
2    the First Responder Cannabis Testing Act; or
3        (10) The use of medical cannabis by a person who has a
4    school bus permit or a Commercial Driver's License.
5    (b) Nothing in this Act shall be construed to prevent the
6arrest or prosecution of a registered qualifying patient for
7reckless driving or driving under the influence of cannabis
8where probable cause exists.
9    (c) Notwithstanding any other criminal penalties related
10to the unlawful possession of cannabis, knowingly making a
11misrepresentation to a law enforcement official of any fact or
12circumstance relating to the medical use of cannabis to avoid
13arrest or prosecution is a petty offense punishable by a fine
14of up to $1,000, which shall be in addition to any other
15penalties that may apply for making a false statement or for
16the use of cannabis other than use undertaken under this Act.
17    (d) Notwithstanding any other criminal penalties related
18to the unlawful possession of cannabis, any person who makes a
19misrepresentation of a medical condition to a certifying
20health care professional or fraudulently provides material
21misinformation to a certifying health care professional in
22order to obtain a written certification is guilty of a petty
23offense punishable by a fine of up to $1,000.
24    (e) Any cardholder or registered caregiver who sells
25cannabis shall have his or her registry identification card
26revoked and is subject to other penalties for the unauthorized

 

 

HB3883- 8 -LRB103 30421 AWJ 56851 b

1sale of cannabis.
2    (f) Any registered qualifying patient who commits a
3violation of Section 11-502.1 of the Illinois Vehicle Code or
4refuses a properly requested test related to operating a motor
5vehicle while under the influence of cannabis shall have his
6or her registry identification card revoked.
7    (g) No registered qualifying patient or designated
8caregiver shall knowingly obtain, seek to obtain, or possess,
9individually or collectively, an amount of usable cannabis
10from a registered medical cannabis dispensing organization
11that would cause him or her to exceed the authorized adequate
12supply under subsection (a) of Section 10.
13    (h) Nothing in this Act shall prevent a private business
14from restricting or prohibiting the medical use of cannabis on
15its property.
16    (i) Nothing in this Act shall prevent a university,
17college, or other institution of post-secondary education from
18restricting or prohibiting the use of medical cannabis on its
19property.
20(Source: P.A. 101-363, eff. 8-9-19; 102-67, eff. 7-9-21.)
 
21    Section 40. The Cannabis Regulation and Tax Act is amended
22by changing Section 10-35 as follows:
 
23    (410 ILCS 705/10-35)
24    Sec. 10-35. Limitations and penalties.

 

 

HB3883- 9 -LRB103 30421 AWJ 56851 b

1    (a) This Act does not permit any person to engage in, and
2does not prevent the imposition of any civil, criminal, or
3other 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 Program Act;
11            (B) on the grounds of any preschool or primary or
12        secondary school, unless permitted for a qualifying
13        patient or caregiver pursuant to the Compassionate Use
14        of Medical Cannabis Program Act;
15            (C) in any correctional facility;
16            (D) in a vehicle not open to the public unless the
17        cannabis is in a reasonably secured, sealed or
18        resealable container and reasonably inaccessible while
19        the vehicle is moving; or
20            (E) in a private residence that is used at any time
21        to provide licensed child care or other similar social
22        service care on the premises;
23        (3) using cannabis:
24            (A) in a school bus, unless permitted for a
25        qualifying patient or caregiver pursuant to the
26        Compassionate Use of Medical Cannabis Program Act;

 

 

HB3883- 10 -LRB103 30421 AWJ 56851 b

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

 

 

HB3883- 11 -LRB103 30421 AWJ 56851 b

1        (7) transferring cannabis to any person contrary to
2    this Act or the Compassionate Use of Medical Cannabis
3    Program Act;
4        (8) the use of cannabis by a law enforcement officer,
5    corrections officer, probation officer, or firefighter
6    while on duty; nothing in this Act prevents a public
7    employer of law enforcement officers, corrections
8    officers, probation officers, paramedics, or firefighters
9    from prohibiting or taking disciplinary action for the
10    consumption, possession, sales, purchase, or delivery of
11    cannabis or cannabis-infused substances while on or off
12    duty, unless provided for in the employer's policies and
13    except as limited by the First Responder Cannabis Testing
14    Act. However, an employer may not take adverse employment
15    action against an employee based solely on the lawful
16    possession or consumption of cannabis or cannabis-infused
17    substances by members of the employee's household. To the
18    extent that this Section conflicts with any applicable
19    collective bargaining agreement, the provisions of the
20    collective bargaining agreement shall prevail. Further,
21    nothing in this Act shall be construed to limit in any way
22    the right to collectively bargain over the subject matters
23    contained in this Act; or
24        (9) the use of cannabis by a person who has a school
25    bus permit or a Commercial Driver's License while on duty.
26    As used in this Section, "public place" means any place

 

 

HB3883- 12 -LRB103 30421 AWJ 56851 b

1where a person could reasonably be expected to be observed by
2others. "Public place" includes all parts of buildings owned
3in whole or in part, or leased, by the State or a unit of local
4government. "Public place" includes all areas in a park,
5recreation area, wildlife area, or playground owned in whole
6or in part, leased, or managed by the State or a unit of local
7government. "Public place" does not include a private
8residence unless the private residence is used to provide
9licensed child care, foster care, or other similar social
10service care on the premises.
11    (b) Nothing in this Act shall be construed to prevent the
12arrest or prosecution of a person for reckless driving or
13driving under the influence of cannabis, operating a
14watercraft under the influence of cannabis, or operating a
15snowmobile under the influence of cannabis if probable cause
16exists.
17    (c) Nothing in this Act shall prevent a private business
18from restricting or prohibiting the use of cannabis on its
19property, including areas where motor vehicles are parked.
20    (d) Nothing in this Act shall require an individual or
21business entity to violate the provisions of federal law,
22including colleges or universities that must abide by the
23Drug-Free Schools and Communities Act Amendments of 1989, that
24require campuses to be drug free.
25(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
26102-98, eff. 7-15-21.)