2023 Illinois Compiled Statutes › Chapter 410 - PUBLIC HEALTH › 410 ILCS 705/ - Cannabis Regulation and Tax Act. › Article 10 - Personal Use of Cannabis

(410 ILCS 705/Art. 10 heading)
Article 10.
Personal Use of Cannabis
(Source: P.A. 101-27, eff. 6-25-19.)
(410 ILCS 705/10-5)
Sec. 10-5.  Personal use of cannabis; restrictions on cultivation; penalties.
(a) Beginning January 1, 2020, notwithstanding any other provision of law, and except as otherwise provided in this Act, the following acts are not a violation of this Act and shall not be a criminal or civil offense under State law or the ordinances of any unit of local government of this State or be a basis for seizure or forfeiture of assets under State law for persons other than natural individuals under 21 years of age:
(1) possession, consumption, use, purchase,     obtaining, or transporting cannabis paraphernalia or an amount of cannabis for personal use that does not exceed the possession limit under Section 10-10 or otherwise in accordance with the requirements of this Act;
(2) cultivation of cannabis for personal use in     accordance with the requirements of this Act; and
(3) controlling property if actions that are     authorized by this Act occur on the property in accordance with this Act.
(a-1) Beginning January 1, 2020, notwithstanding any other provision of law, and except as otherwise provided in this Act, possessing, consuming, using, purchasing, obtaining, or transporting cannabis paraphernalia or an amount of cannabis purchased or produced in accordance with this Act that does not exceed the possession limit under subsection (a) of Section 10-10 shall not be a basis for seizure or forfeiture of assets under State law.
(b) Cultivating cannabis for personal use is subject to the following limitations:
(1) An Illinois resident 21 years of age or older 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. In this Section, "resident" means a person who has been domiciled in the State of Illinois for a period of 30 days before cultivation.
(2) Cannabis cultivation must take place in an     enclosed, locked space.
(3) Adult registered qualifying patients may purchase     cannabis seeds from a dispensary for the purpose of home cultivation. Seeds may not be given or sold to any other person.
(4) Cannabis plants shall not be stored or placed in     a location where they are subject to ordinary public view, as defined in this Act. A registered qualifying patient who cultivates cannabis under this Section shall take reasonable precautions to ensure the plants are secure from unauthorized access, including unauthorized access by a person under 21 years of age.
(5) Cannabis cultivation may occur only on     residential property lawfully in possession of the cultivator or with the consent of the person in lawful possession of the property. An owner or lessor of residential property may prohibit the cultivation of cannabis by a lessee.
(6) (Blank).
(7) A dwelling, residence, apartment, condominium     unit, enclosed, locked space, or piece of property not divided into multiple dwelling units shall not contain more than 5 plants at any one time.
(8) 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.
(9) 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 Section, is liable for penalties as provided by law, including the Cannabis Control Act, in addition to loss of home cultivation privileges as established by rule.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
(410 ILCS 705/10-10)
Sec. 10-10. Possession limit.
(a) Except if otherwise authorized by this Act, for a person who is 21 years of age or older and a resident of this State, the possession limit is as follows:
(1) 30 grams of cannabis flower;
(2) no more than 500 milligrams of THC contained in     cannabis-infused product;
(3) 5 grams of cannabis concentrate; and
(4) for registered qualifying patients, any cannabis     produced by cannabis plants grown under subsection (b) of Section 10-5, provided any amount of cannabis produced in excess of 30 grams of raw cannabis or its equivalent must remain secured within the residence or residential property in which it was grown.
(b) For a person who is 21 years of age or older and who is not a resident of this State, the possession limit is:
(1) 15 grams of cannabis flower;
(2) 2.5 grams of cannabis concentrate; and
(3) 250 milligrams of THC contained in a     cannabis-infused product.
(c) The possession limits found in subsections (a) and (b) of this Section are to be considered cumulative.
(d) No person shall knowingly obtain, seek to obtain, or possess an amount of cannabis from a dispensing organization or craft grower that would cause him or her to exceed the possession limit under this Section, including cannabis that is cultivated by a person under this Act or obtained under the Compassionate Use of Medical Cannabis Program Act.
(e) Cannabis and cannabis-derived substances regulated under the Industrial Hemp Act are not covered by this Act.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
(410 ILCS 705/10-15)
Sec. 10-15. Persons under 21 years of age.
(a) Nothing in this Act is intended to permit the transfer of cannabis, with or without remuneration, to a person under 21 years of age, or to allow a person under 21 years of age to purchase, possess, use, process, transport, grow, or consume cannabis except where authorized by the Compassionate Use of Medical Cannabis Program Act or by the Community College Cannabis Vocational Pilot Program.
(b) Notwithstanding any other provisions of law authorizing the possession of medical cannabis, nothing in this Act authorizes a person who is under 21 years of age to possess cannabis. A person under 21 years of age with cannabis in his or her possession is guilty of a civil law violation as outlined in paragraph (a) of  Section 4 of the Cannabis Control Act.
(c) If the person under the age of 21 was in a motor vehicle at the time of the offense, the Secretary of State may suspend or revoke the driving privileges of any person for a violation of this Section under Section 6-206 of the Illinois Vehicle Code and the rules adopted under it.
(d) It is unlawful for any parent or guardian to knowingly permit his or her residence, any other private property under his or her control, or any vehicle, conveyance, or watercraft under his or her control to be used by an invitee of the parent's child or the guardian's ward, if the invitee is under the age of 21, in a manner that constitutes a violation of this Section. A parent or guardian is deemed to have knowingly permitted his or her residence, any other private property under his or her control, or any vehicle, conveyance, or watercraft under his or her control to be used in violation of this Section if he or she knowingly authorizes or permits consumption of cannabis by underage invitees. Any person who violates this subsection (d) is guilty of a Class A misdemeanor and the person's sentence shall include, but shall not be limited to, a fine of not less than $500. If a violation of this subsection (d) directly or indirectly results in great bodily harm or death to any person, the person violating this subsection is guilty of a Class 4 felony. In this subsection (d), where the residence or other property has an owner and a tenant or lessee, the trier of fact may infer that the residence or other property is occupied only by the tenant or lessee.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
(410 ILCS 705/10-20)
Sec. 10-20. Identification; false identification; penalty.
(a) To protect personal privacy, the Department of Financial and Professional Regulation shall not require a purchaser to provide a dispensing organization with personal information other than government-issued identification to determine the purchaser's age, and a dispensing organization shall not obtain and record personal information about a purchaser without the purchaser's consent. A dispensing organization shall use an electronic reader or electronic scanning device to scan a purchaser's government-issued identification, if applicable, to determine the purchaser's age and the validity of the identification. Any identifying or personal information of a purchaser obtained or received in accordance with this Section shall not be retained, used, shared or disclosed for any purpose except as authorized by this Act.
(b) A person who is under 21 years of age may not present or offer to a cannabis business establishment or the cannabis business establishment's principal or employee any written or oral evidence of age that is false, fraudulent, or not actually the person's own, for the purpose of:
(1) purchasing, attempting to purchase, or otherwise     obtaining or attempting to obtain cannabis or any cannabis product; or
(2) gaining access to a cannabis business     establishment.
(c) A violation of this Section is a Class A misdemeanor consistent with Section 6-20 of the Liquor Control Act of 1934.
(d) The Secretary of State may suspend or revoke the driving privileges of any person for a violation of this Section under Section 6-206 of the Illinois Vehicle Code and the rules adopted under it.
(e) No agent or employee of the licensee shall be disciplined or discharged for selling or furnishing cannabis or cannabis products to a person under 21 years of age if the agent or employee demanded and was shown, before furnishing cannabis or cannabis products to a person under 21 years of age, adequate written evidence of age and identity of the person. This subsection (e)  does not apply if the agent or employee accepted the written evidence knowing it to be false or fraudulent. Adequate written evidence of age and identity of the person is a document issued by a federal, State, county, or municipal government, or subdivision or agency thereof, including, but not limited to, a motor vehicle operator's license, a registration certificate issued under the Military Selective Service Act, or an identification card issued to a member of the Armed Forces. Proof that the licensee or his or her employee or agent was shown and reasonably relied upon such written evidence in any transaction forbidden by this Section is an affirmative defense in any criminal prosecution therefor or to any proceedings for the suspension or revocation of any license based thereon.
(Source: P.A. 101-27, eff. 6-25-19.)
(410 ILCS 705/10-25)
Sec. 10-25.  Immunities and presumptions related to the use of cannabis by purchasers.
(a) A purchaser who is 21 years of age or older is not subject to arrest, prosecution, denial of any right or privilege, or other punishment including, but not limited to, any civil penalty or disciplinary action taken by an occupational or professional licensing board, based solely on the use of cannabis if (1) the purchaser possesses an amount of cannabis that does not exceed the possession limit under Section 10-10 and, if the purchaser is licensed, certified, or registered to practice any trade or profession under any Act and (2) the use of cannabis does not impair that person when he or she is engaged in the practice of the profession for which he or she is licensed, certified, or registered.
(b) A purchaser 21 years of age or older is not subject to arrest, prosecution, denial of any right or privilege, or other punishment, including, but not limited to, any civil penalty or disciplinary action taken by an occupational or professional licensing board, based solely for (i) selling cannabis paraphernalia if employed and licensed as a dispensing agent by a dispensing organization; (ii) being in the presence or vicinity of the use of cannabis or cannabis paraphernalia as allowed under this Act; or (iii) possessing cannabis paraphernalia.
(c) Mere possession of, or application for, an agent identification card or license does not constitute probable cause or reasonable suspicion to believe that a crime has been committed, nor shall it be used as the sole basis to support the search of the person, property, or home of the person possessing or applying for the agent identification card. The possession of, or application for, an agent identification card does not preclude the existence of probable cause if probable cause exists based on other grounds.
(d) No person employed by the State of Illinois shall be subject to criminal or civil penalties for taking any action in good faith in reliance on this Act when acting within the scope of his or her employment. Representation and indemnification shall be provided to State employees as set forth in Section 2 of the State Employee Indemnification Act.
(e) No law enforcement or correctional agency, nor any person employed by a law enforcement or correctional agency, shall be subject to criminal or civil liability, except for willful and wanton misconduct, as a result of taking any action within the scope of the official duties of the agency or person to prohibit or prevent the possession or use of cannabis by a person incarcerated at a correctional facility, jail, or municipal lockup facility, on parole or mandatory supervised release, or otherwise under the lawful jurisdiction of the agency or person.
(f) For purposes of receiving medical care, including organ transplants, a person's use of cannabis under this Act does not constitute the use of an illicit substance or otherwise disqualify a person from medical care.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
(410 ILCS 705/10-30)
Sec. 10-30. Discrimination prohibited.
(a) Neither the presence of cannabinoid components or metabolites in a person's bodily fluids nor possession of cannabis-related paraphernalia, nor conduct related to the use of cannabis or the participation in cannabis-related activities lawful under this Act by a custodial or noncustodial parent, grandparent, legal guardian, foster parent, or other person charged with the well-being of a child, shall form the sole or primary basis or supporting basis for any action or proceeding by a child welfare agency or in a family or juvenile court, any adverse finding, adverse evidence, or restriction of any right or privilege in a proceeding related to adoption of a child, acting as a foster parent of a child, or a person's fitness to adopt a child or act as a foster parent of a child, or serve as the basis of any adverse finding, adverse evidence, or restriction of any right of privilege in a proceeding related to guardianship, conservatorship, trusteeship, the execution of a will, or the management of an estate, unless the person's actions in relation to cannabis created an unreasonable danger to the safety of the minor or otherwise show the person to not be competent as established by clear and convincing evidence. This subsection applies only to conduct protected under this Act.
(b) No landlord may be penalized or denied any benefit under State law for leasing to a person who uses cannabis under this Act.
(c) Nothing in this Act may be construed to require any person or establishment in lawful possession of property to allow a guest, client, lessee, customer, or visitor to use cannabis on or in that property, including on any land owned in whole or in part or managed in whole or in part by the State.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
(410 ILCS 705/10-35)
Sec. 10-35. Limitations and penalties.
(a) This Act does not permit any person to engage in, and does not prevent the imposition of any civil, criminal, or other penalties for engaging in, any of the following conduct:
(1) undertaking any task under the influence of     cannabis when doing so would constitute negligence, professional malpractice, or professional misconduct;
(2) possessing cannabis:
(A) in a school bus, unless permitted for a         qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Program Act;
(B) on the grounds of any preschool or primary or         secondary school, unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Program Act;
(C) in any correctional facility;
(D) in a vehicle not open to the public unless         the cannabis is in a reasonably secured, sealed or resealable container and reasonably inaccessible while the vehicle is moving; or
(E) in a private residence that is used at any         time to provide licensed child care or other similar social service care on the premises;
(3) using cannabis:
(A) in a school bus, unless permitted for a         qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Program Act;
(B) on the grounds of any preschool or primary or         secondary school, unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Program Act;
(C) in any correctional facility;
(D) in any motor vehicle;
(E) in a private residence that is used at any         time to provide licensed child care or other similar social service care on the premises;
(F) in any public place; or
(G) knowingly in close physical proximity to         anyone under 21 years of age who is not a registered medical cannabis patient under the Compassionate Use of Medical Cannabis Program Act;
(4) smoking cannabis in any place where smoking is     prohibited under the Smoke Free Illinois Act;
(5) operating, navigating, or being in actual     physical control of any motor vehicle, aircraft, watercraft, or snowmobile while using or under the influence of cannabis in violation of Section 11-501 or 11-502.1 of the Illinois Vehicle Code, Section 5-16 of the Boat Registration and Safety Act, or Section 5-7 of the Snowmobile Registration and Safety Act;
(6) facilitating the use of cannabis by any person     who is not allowed to use cannabis under this Act or the Compassionate Use of Medical Cannabis Program Act;
(7) transferring cannabis to any person contrary to     this Act or the Compassionate Use of Medical Cannabis Program Act;
(8) the use of cannabis by a law enforcement officer,     corrections officer, probation officer, or firefighter while on duty; nothing in this Act prevents a public employer of law enforcement officers, corrections officers, probation officers, paramedics, or firefighters from prohibiting or taking disciplinary action for the consumption, possession, sales, purchase, or delivery of cannabis or cannabis-infused substances while on or off duty, unless provided for in the employer's policies.  However, an employer may not take adverse employment action against an employee based solely on the lawful possession or consumption of cannabis or cannabis-infused substances by members of the employee's household. To the extent that this Section conflicts with any applicable collective bargaining agreement, the provisions of the collective bargaining agreement shall prevail. Further, nothing in this Act shall be construed to limit in any way the right to collectively bargain over the subject matters contained in this Act; or
(9) the use of cannabis by a person who has a school     bus permit or a Commercial Driver's License while on duty.
As used in this Section, "public place" means any place where a person could reasonably be expected to be observed by others. "Public place" includes all parts of buildings owned in whole or in part, or leased, by the State or a unit of local government. "Public place" includes all areas in a park, recreation area, wildlife area, or playground owned in whole or in part, leased, or managed by the State or a unit of local government. "Public place" does not include a private residence unless the private residence is used to provide licensed child care, foster care, or other similar social service care on the premises.
(b) Nothing in this Act shall be construed to prevent the arrest or prosecution of a person for reckless driving or driving under the influence of cannabis, operating a watercraft under the influence of cannabis, or operating a snowmobile under the influence of cannabis  if probable cause exists.
(c) Nothing in this Act shall prevent a private business from restricting or prohibiting the use of cannabis on its property, including areas where motor vehicles are parked.
(d) Nothing in this Act shall require an individual or business entity to violate the provisions of federal law, including colleges or universities that must abide by the Drug-Free Schools and Communities Act Amendments of 1989, that require campuses to be drug free.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 102-98, eff. 7-15-21.)
(410 ILCS 705/10-40)
Sec. 10-40. Restore, Reinvest, and Renew Program.
(a) The General Assembly finds that in order to address the disparities described below, aggressive approaches and targeted resources to support local design and control of community-based responses to these outcomes are required. To carry out this intent, the Restore, Reinvest, and Renew (R3) Program is created for the following purposes:
(1) to directly address the impact of economic     disinvestment, violence, and the historical overuse of criminal justice responses to community and individual needs by providing resources to support local design and control of community-based responses to these impacts;
(2) to substantially reduce both the total amount of     gun violence and concentrated poverty in this State;
(3) to protect communities from gun violence through     targeted investments and intervention programs, including economic growth and improving family violence prevention, community trauma treatment rates, gun injury victim services, and public health prevention activities;
(4) to promote employment infrastructure and capacity     building related to the social determinants of health in the eligible community areas.
(b) In this Section, "Authority" means the Illinois Criminal Justice Information Authority in coordination with the Justice, Equity, and Opportunity Initiative of the Lieutenant Governor's Office.
(c) Eligibility of R3 Areas. Within 180 days after the
effective date of this Act, the Authority shall identify as
eligible, areas in this State by way of historically recognized
geographic boundaries, to be designated by the Restore, Reinvest, and Renew  Program Board as R3 Areas and therefore eligible
to apply for R3 funding. Local groups within R3 Areas will be
eligible to apply for State funding through the Restore, Reinvest, and Renew Program Board. Qualifications for designation as an R3 Area are as follows:
(1) Based on an analysis of data, communities in this     State that are high need, underserved, disproportionately impacted by historical economic disinvestment, and ravaged by violence as indicated by the highest rates of gun injury, unemployment, child poverty rates, and commitments to and returns from the Illinois Department of Corrections.
(2) The Authority shall send to the Legislative Audit     Commission and make publicly available its analysis and identification of eligible R3 Areas and shall recalculate the eligibility data every 4 years. On an annual basis, the Authority shall analyze data and indicate if data covering any R3 Area or portion of an Area has, for 4 consecutive years, substantially deviated from the average of statewide data on which the original calculation was made to determine the Areas, including disinvestment, violence, gun injury, unemployment, child poverty rates, or commitments to or returns from the Illinois Department of Corrections.
(d) The Restore, Reinvest, and Renew Program Board shall encourage collaborative partnerships within each R3 Area to minimize multiple partnerships per Area.
(e) The Restore, Reinvest, and Renew Program Board is created and shall reflect the diversity of the State of Illinois, including geographic, racial, and ethnic diversity. Using the data provided by the Authority, the Restore, Reinvest, and Renew Program Board shall be responsible for designating the R3 Area boundaries and for the selection and oversight of R3 Area grantees. The Restore, Reinvest, and Renew Program Board ex officio members shall, within 4 months after the effective date of this Act, convene the Board to appoint a full Restore, Reinvest, and Renew Program Board and oversee, provide guidance to, and develop an administrative structure for the R3 Program.
(1) The ex officio members are:
(A) The Lieutenant Governor, or his or her             designee, who shall serve as chair.
(B) The Attorney General, or his or her             designee.
(C) The Director of Commerce and Economic             Opportunity, or his or her designee.
(D) The Director of Public Health, or his or             her designee.
(E) The Director of Corrections, or his or             her designee.
(F) The Director of Juvenile Justice, or his             or her designee.
(G) The Director of Children and Family             Services, or his or her designee.
(H) The Executive Director of the Illinois             Criminal Justice Information Authority, or his or her designee.
(I) The Director of Employment Security, or             his or her designee.
(J) The Secretary of Human Services, or his             or her designee.
(K) A member of the Senate, designated by the             President of the Senate.
(L) A member of the House of Representatives,             designated by the Speaker of the House of Representatives.
(M) A member of the Senate, designated by the             Minority Leader of the Senate.
(N) A member of the House of Representatives,             designated by the Minority Leader of the House of Representatives.
(2) Within 90 days after the R3 Areas have been     designated by the Restore, Reinvest, and Renew Program Board, the following members shall be appointed to the Board by the R3 board chair:
(A) Eight public officials of municipal         geographic jurisdictions in the State that include an R3 Area, or their designees;
(B) Four community-based providers or community         development organization representatives who provide services to treat violence and address the social determinants of health, or promote community investment, including, but not limited to, services such as job placement and training, educational services, workforce development programming, and wealth building. The community-based organization representatives shall work primarily in jurisdictions that include an R3 Area and no more than 2 representatives shall work primarily in Cook County. At least one of the community-based providers shall have expertise in providing services to an immigrant population;
(C) Two experts in the field of violence         reduction;
(D) One male who has previously been incarcerated         and is over the age of 24 at the time of appointment;
(E) One female who has previously been         incarcerated and is over the age of 24 at the time of appointment;
(F) Two individuals who have previously been         incarcerated and are between the ages of 17 and 24 at the time of appointment; and
(G) Eight individuals who live or work in an R3         Area.
As used in this paragraph (2), "an individual who has     been previously incarcerated" means a person who has been convicted of or pled guilty to one or more felonies, who was sentenced to a term of imprisonment, and who has completed his or her sentence. Board members shall serve without compensation and may be reimbursed for reasonable expenses incurred in the performance of their duties from funds appropriated for that purpose. Once all its members have been appointed as outlined in items (A) through (F) of this paragraph (2), the Board may exercise any power, perform any function, take any action, or do anything in furtherance of its purposes and goals upon the appointment of a quorum of its members. The Board terms of the non-ex officio and General Assembly Board members shall end 4 years from the date of appointment. The R3 board chair may remove an individual appointed to the Board who does not regularly attend Board meetings, based on criteria approved by the Board.
(f) Within 12 months after the effective date of this Act, the Board shall:
(1) develop a process to solicit applications from     eligible R3 Areas;
(2) develop a standard template for both planning and     implementation activities to be submitted by R3 Areas to the State;
(3) identify resources sufficient to support the full     administration and evaluation of the R3 Program, including building and sustaining core program capacity at the community and State levels;
(4) review R3 Area grant applications and proposed     agreements and approve the distribution of resources;
(5) develop a performance measurement system that     focuses on positive outcomes;
(6) develop a process to support ongoing monitoring     and evaluation of R3 programs; and
(7) deliver an annual report to the General Assembly     and to the Governor to be posted on the Governor's Office and General Assembly websites and provide to the public an annual report on its progress.
(g) R3 Area grants.
(1) Grant funds shall be awarded by the Illinois     Criminal Justice Information Authority, in coordination with the R3 board, based on the likelihood that the plan will achieve the outcomes outlined in subsection (a) and consistent with the requirements of the Grant Accountability and Transparency Act. The R3 Program shall also facilitate the provision of training and technical assistance for capacity building within and among R3 Areas.
(2) R3 Program Board grants shall be used to address     economic development, violence prevention services, re-entry services, youth development, and civil legal aid.
(3) The Restore, Reinvest, and Renew Program Board     and the R3 Area grantees shall, within a period of no more than 120 days from the completion of planning activities described in this Section, finalize an agreement on the plan for implementation. Implementation activities may:
(A) have a basis in evidence or best practice         research or have evaluations demonstrating the capacity to address the purpose of the program in subsection (a);
(B) collect data from the inception of planning         activities through implementation, with data collection technical assistance when needed, including cost data and data related to identified meaningful short-term, mid-term, and long-term goals and metrics;
(C) report data to the Restore, Reinvest, and         Renew Program Board biannually; and
(D) report information as requested by the R3         Program Board.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 102-98, eff. 7-15-21.)
(410 ILCS 705/10-45)
Sec. 10-45. Cannabis Equity Commission.
(a) The Cannabis Equity Commission is created and shall reflect the diversity of the State of Illinois, including geographic, racial, and ethnic diversity. The Cannabis Equity Commission shall be responsible for the following:
(1)   Ensuring that equity goals in the Illinois     cannabis industry, as stated in Section 10-40, are met.
(2)   Tracking and analyzing minorities in the     marketplace.
(3)    Ensuring that revenue is being invested     properly into R3 areas under Section 10-40.
(4)   Recommending changes to make the law more     equitable to communities harmed the most by the war on drugs.
(5)   Create standards to protect true social equity     applicants from predatory businesses.
(b) The Cannabis Equity Commission's ex officio members shall, within 4 months after the effective date of this amendatory Act of the 101st General Assembly, convene the Commission to appoint a full Cannabis Equity Commission and oversee, provide guidance to, and develop an administrative structure for the Cannabis Equity Commission. The ex officio members are:
(1)   The Governor, or his or her designee, who shall     serve as chair.
(2)   The Attorney General, or his or her designee.
(3)   The Director of Commerce and Economic     Opportunity, or his or her designee.
(4)   The Director of Public Health, or his or her     designee.
(5)   The Director of Corrections, or his or her     designee.
(6)   The Director of Financial and Professional     Regulation, or his or her designee.
(7)   The Director of Agriculture, or his or her     designee.
(8)   The Executive Director of the Illinois Criminal     Justice Information Authority, or his or her designee.
(9)   The Secretary of Human Services, or his or her     designee.
(10)   A member of the Senate, designated by the     President of the Senate.
(11)   A member of the House of Representatives,     designated by the Speaker of the House of Representatives.
(12)   A member of the Senate, designated by the     Minority Leader of the Senate.
(13)   A member of the House of Representatives,     designated by the Minority Leader of the House of Representatives.
(c) Within 90 days after the ex officio members convene, the following members shall be appointed to the Commission by the chair:
(1)   Four community-based providers or community     development organization representatives who provide services to treat violence and address the social determinants of health, or promote community investment, including, but not limited to, services such as job placement and training, educational services, workforce development programming, and wealth building. No more than 2 community-based organization representatives shall work primarily in Cook County. At least one of the community-based providers shall have expertise in providing services to an immigrant population.
(2)   Two experts in the field of violence reduction.
(3)   One male who has previously been incarcerated     and is over the age of 24 at the time of appointment.
(4)   One female who has previously been incarcerated     and is over the age of 24 at the time of appointment.
(5)   Two individuals who have previously been     incarcerated and are between the ages of 17 and 24 at the time of appointment.
As used in this subsection (c), "an individual who has been previously incarcerated" has the same meaning as defined in paragraph (2) of subsection (e) of Section 10-40.
(Source: P.A. 101-658, eff. 3-23-21.)
(410 ILCS 705/10-50)
Sec. 10-50.  Employment; employer liability.
(a) Nothing in this Act shall prohibit an employer from adopting reasonable zero tolerance or 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.
(b) Nothing in this Act shall require an employer to permit an employee to be under the influence of or use cannabis in the employer's workplace or while performing the employee's job duties or while on call.
(c) Nothing in this Act shall limit or prevent an employer from disciplining an employee or terminating employment of an employee for violating an employer's employment policies or workplace drug policy.
(d) An employer may consider an employee to be impaired or under the influence of cannabis if the employer has a good faith belief that an employee manifests specific, articulable symptoms while working that decrease or lessen the employee's performance of the duties or tasks of the employee's job position, including symptoms of the employee's speech, physical dexterity, agility, coordination, demeanor, irrational or unusual behavior, or negligence or carelessness in operating equipment or machinery; disregard for the safety of the employee or others, or involvement in any accident that results in serious damage to equipment or property; disruption of a production or manufacturing process; or carelessness that results in any injury to the employee or others. If an employer elects to discipline an employee on the basis that the employee is under the influence or impaired by cannabis, the employer must afford the employee a reasonable opportunity to contest the basis of the determination.
(e) Nothing in this Act shall be construed to create or imply a cause of action for any person against an employer for:
(1) actions taken pursuant to an employer's     reasonable workplace drug policy, including but not limited to subjecting an employee or applicant to reasonable drug and alcohol testing, reasonable and nondiscriminatory random drug testing,  and discipline, termination of employment, or withdrawal of a job offer due to a failure of a drug test;
(2) actions based on the employer's good faith belief     that an employee used or possessed cannabis in the employer's workplace or while performing the employee's job duties or while on call in violation of the employer's employment policies;
(3) actions, including discipline or termination of     employment, based on the employer's good faith belief that an employee was impaired as a result of the use of cannabis, or under the influence of cannabis, while at the employer's workplace or while performing the employee's job duties or while on call in violation of the employer's workplace drug policy; or
(4) injury, loss, or liability to a third party if     the employer neither knew nor had reason to know that the employee was impaired.
(f) Nothing in this Act shall be construed to enhance or diminish protections afforded by any other law, including but not limited to the Compassionate Use of Medical Cannabis Program Act or the Opioid Alternative Pilot Program.
(g) Nothing in this Act shall be construed to interfere with any federal, State, or local restrictions on employment including, but not limited to, the United States Department of Transportation regulation 49 CFR 40.151(e) or impact an employer's ability to comply with federal or State law or cause it to lose a federal or State contract or funding.
(h) As used in this Section, "workplace" means the employer's premises, including any building, real property, and parking area under the control of the employer or area used by an employee while in the performance of the employee's job duties, and vehicles, whether leased, rented, or owned. "Workplace" may be further defined by the employer's written employment policy, provided that the policy is consistent with this Section.
(i) For purposes of this Section, an employee is deemed "on call" when such employee is scheduled with at least 24 hours' notice by his or her employer to be on standby or otherwise responsible for performing tasks related to his or her employment either at the employer's premises or other previously designated location by his or her employer or supervisor to perform a work-related task.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)