Illinois General Assembly - Full Text of HB1443
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Full Text of HB1443  102nd General Assembly

HB1443ham006 102ND GENERAL ASSEMBLY

Rep. La Shawn K. Ford

Filed: 5/25/2021

 

 


 

 


 
10200HB1443ham006LRB102 03459 CPF 26988 a

1
AMENDMENT TO HOUSE BILL 1443

2    AMENDMENT NO. ______. Amend House Bill 1443, AS AMENDED,
3with reference to page and line numbers of House Amendment No.
44, by replacing line 18 on page 28 through line 8 on page 29
5with the following:
6    ""Social Equity Justice Involved Applicant" means an
7applicant that is an Illinois resident and one of the
8following that meets one of the following criteria:
9        (1) an applicant with at least 51% ownership and
10    control by one or more individuals who have resided for at
11    least 5 of the preceding 10 years in a Disproportionately
12    Impacted Area;
13        (2) an applicant with at least 51% of ownership and
14    control by one or more individuals who have been arrested
15    for, convicted of, or adjudicated delinquent for any
16    offense that is eligible for expungement under subsection
17    (i) of Section 5.2 of the Criminal Identification Act or
18    member of an impacted family; or

 

 

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1        (3) an applicant with at least 51% ownership and
2    control by one or more members of an impacted family for
3    applicants with a minimum of 10 full-time."; and
 
4on page 43, line 20, by replacing "It" with "Except for any
5ownership information released pursuant to subsection (b-5) or
6as otherwise authorized or required by law, it It"; and
 
7on page 44, line 18, by replacing "10-25" with "10-35"; and
 
8on page 66, lines 18 and 19, by replacing "the Sections 15-25
9or 15-30.1" with "Sections 15-25, 15-30.1, or 15-35.20"; and
 
10by deleting line 6 on page 69 through line 12 on page 71; and
 
11on page 71, immediately below line 12, by inserting the
12following:
 
13    "(410 ILCS 705/10-35)
14    Sec. 10-35. Limitations and penalties.
15    (a) This Act does not permit any person to engage in, and
16does not prevent the imposition of any civil, criminal, or
17other penalties for engaging in, any of the following conduct:
18        (1) undertaking any task under the influence of
19    cannabis when doing so would constitute negligence,
20    professional malpractice, or professional misconduct;

 

 

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

 

 

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1            (E) in a private residence that is used at any time
2        to provide licensed child care or other similar social
3        service care on the premises;
4            (F) in any public place; or
5            (G) knowingly in close physical proximity to
6        anyone under 21 years of age who is not a registered
7        medical cannabis patient under the Compassionate Use
8        of Medical Cannabis Program Act;
9        (4) smoking cannabis in any place where smoking is
10    prohibited under the Smoke Free Illinois Act;
11        (5) operating, navigating, or being in actual physical
12    control of any motor vehicle, aircraft, watercraft, or
13    snowmobile while using or under the influence of cannabis
14    in violation of Section 11-501 or 11-502.1 of the Illinois
15    Vehicle Code, Section 5-16 of the Boat Registration and
16    Safety Act, or Section 5-7 of the Snowmobile Registration
17    and Safety Act;
18        (6) facilitating the use of cannabis by any person who
19    is not allowed to use cannabis under this Act or the
20    Compassionate Use of Medical Cannabis Program Act;
21        (7) transferring cannabis to any person contrary to
22    this Act or the Compassionate Use of Medical Cannabis
23    Program Act;
24        (8) the use of cannabis by a law enforcement officer,
25    corrections officer, probation officer, or firefighter
26    while on duty; nothing in this Act prevents a public

 

 

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1    employer of law enforcement officers, corrections
2    officers, probation officers, paramedics, or firefighters
3    from prohibiting or taking disciplinary action for the
4    consumption, possession, sales, purchase, or delivery of
5    cannabis or cannabis-infused substances while on or off
6    duty, unless provided for in the employer's policies.
7    However, an employer may not take adverse employment
8    action against an employee based solely on the lawful
9    possession or consumption of cannabis or cannabis-infused
10    substances by members of the employee's household. To the
11    extent that this Section conflicts with any applicable
12    collective bargaining agreement, the provisions of the
13    collective bargaining agreement shall prevail. Further,
14    nothing in this Act shall be construed to limit in any way
15    the right to collectively bargain over the subject matters
16    contained in this Act; or
17        (9) the use of cannabis by a person who has a school
18    bus permit or a Commercial Driver's License while on duty.
19    As used in this Section, "public place" means any place
20where a person could reasonably be expected to be observed by
21others. "Public place" includes all parts of buildings owned
22in whole or in part, or leased, by the State or a unit of local
23government. "Public place" includes all areas in a park,
24recreation area, wildlife area, or playground owned in whole
25or in part, leased, or managed by the State or a unit of local
26government. "Public place" does not include a private

 

 

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1residence unless the private residence is used to provide
2licensed child care, foster care, or other similar social
3service care on the premises.
4    (b) Nothing in this Act shall be construed to prevent the
5arrest or prosecution of a person for reckless driving or
6driving under the influence of cannabis, operating a
7watercraft under the influence of cannabis, or operating a
8snowmobile under the influence of cannabis if probable cause
9exists.
10    (c) Nothing in this Act shall prevent a private business
11from restricting or prohibiting the use of cannabis on its
12property, including areas where motor vehicles are parked.
13    (d) Nothing in this Act shall require an individual or
14business entity to violate the provisions of federal law,
15including colleges or universities that must abide by the
16Drug-Free Schools and Communities Act Amendments of 1989, that
17require campuses to be drug free.
18(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)";
19and
 
20on page 83, line 9, by deleting "within"; and
 
21on page 95, lines 17 through 19, page 112, lines 22 through 24,
22page 122, lines 6 through 8, and page 139, lines 15 through 17,
23by replacing "dispensing organization in existence prior to
24the effective date of this amendatory Act of the 102nd General

 

 

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1Assembly" each time it appears with "dispensing organization
2licensed under Section 15-15 or Section 15-20"; and
 
3on page 106, by replacing lines 17 through 24 with the
4following:
5    "(a) If awarding a license in a Tied Applicant Lottery
6would result in a Tied Applicant possessing more than 10 Early
7Approval Adult Use Dispensing Organization Licenses, Early
8Approval Adult Use Dispensing Organization Licenses at a
9secondary site, Conditional Adult Use Dispensing Organization
10Licenses, Adult Use Dispensing Organization Licenses, or any
11combination thereof, the Tied Applicant must choose which
12license to abandon pursuant to subsection (d) of Section 15-36
13and notify the Department in writing within 5 business days
14after the date that the Tied Applicant Lottery is conducted.";
15and
 
16on page 111, by replacing line 25 with the following:
17"Licenses, Adult Use Dispensing Organization Licenses, or any
18combination thereof,"; and
 
19on page 121, by replacing lines 5 and 6 with the following:
20"Use Dispensing Organization Licenses, Adult Use Dispensing
21Organization Licenses, or any combination thereof, the
22licensees and the"; and
 

 

 

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1on page 187, line 21, by replacing ", odor-proof," with ",
2odor-proof,".