Creates the Cannabis Legalization Equity Act. Provides that notwithstanding any other provision of law, except as otherwise provided in the Act, the following acts are lawful and shall not be a criminal or civil offense under State law or the law of any political subdivision of this State or be a basis for seizure or forfeiture of assets under State law for persons 21 years of age or older: (1) possessing, consuming, using, displaying, purchasing, or transporting cannabis accessories; (2) possessing, growing, processing, or transporting on one's own premises no more than 24 mature cannabis plants and possession of the cannabis produced by the plants on the premises where the plants were grown; (3) possessing outside one's premises no more than 224 grams of cannabis; and (4) assisting another person who is 21 years of age or older in any of the acts described in items (1) through (3). Provides that an excise tax is imposed at the rate of 10% of the sale price of the sale or transfer of cannabis from a cannabis cultivation facility to a retail cannabis store or cannabis product manufacturing facility. Provides that at least 51% of the licenses issued by the Department of Agriculture for cannabis cultivation facilities and at least 51% of the licenses issued by the Department of Financial and Professional Regulation for retail cannabis stores shall be in communities disproportionately harmed by the war on drugs. Amends various other Acts to make conforming changes. Effective immediately.
House Committee Amendment 1-FILED
In the Cannabis Legalization Equity Act, adds definitions of "cannabis delivery service", "canopy space", and "onsite cannabis consumption facility". Provides that an onsite cannabis consumption facility is a public or private venue where onsite cannabis consumption, including smoking and vaping, eating, and topically applying cannabis is permitted. Creates Type 1, Type 1A, 1B, 2, 2A, 2B, 3, 3A, 3B, 4, 4A, 4B, and 5 cannabis cultivation facility licenses. Provides the type of lighting and square footage of those facilities. Provides that a Type 1, Type 1A, 1B, 2, 2A, 2B, 3, 3A, 3B, 4, 4A, or 4B cannabis cultivation facility licensee may apply to the Department of Agriculture for issuance of an onsite cannabis consumption facility license. Provides that a limited amount of Type 4, 4A, and 4B licenses shall be issued by the Department as established by Department rule. Decreases from 30% to 20% the amount of proceeds to be distributed from the cannabis excise tax to the Common School Fund and provides that 10% of the proceeds shall be distributed to the Cannabis Equity Commission. Creates the Cannabis Equity Commission to encourage and enforce equity participation, enforce community benefits agreements with cannabis businesses, ensure equity participants are not placeholders, create and develop cannabis apprenticeship programs, create cannabis zones, marketplaces, and entertainment districts to oversee low interest loans to for equity participants in the regulated cannabis industry, and to approve or deny licenses for cannabis cultivation facilities and retail cannabis stores. Provides that the Department of Agriculture and the Department of Financial and Professional Regulation shall upon receipt of applications for the licensing of cannabis cultivation facilities and retail cannabis stores, respectively, submit copies of those applications to the Cannabis Equity Commission for approval or denial. Provides that if within 180 days of the receipt of a license application, the Cannabis Equity Commission denies the application, it shall not be issued. Provides that if the Cannabis Equity Commission does not approve or deny an application within that 180 day period, the application shall be deemed to have been approved by the Cannabis Equity Commission and shall be issued by the respective licensing Department. Provides that an applicant who is denied approval of his or her license application by the Cannabis Equity Commission may appeal that decision to the circuit court under the Administrative Review Law. Provides that at least 51% of the cannabis cultivation facilities that are issued licenses by the Department of Agriculture shall be owned and operated by minorities and at least 51% of the retail cannabis stores that are issued licenses by the Department of Financial and Professional Regulation shall be owned and operated by minorities (rather than located in communities disproportionately harmed by the war on drugs). Amends the Compassionate Use of Medical Cannabis Pilot Program Act to change the title of the Act to the Compassionate Use of Medical Cannabis Program Act. Eliminates the provision of the Opioid Alternative Pilot Program that makes the Program inoperative on and after July 1, 2020. Deletes "Pilot" from references to the Compassionate Use of Medical Cannabis Program Act and from the Opioid Alternative Program. Amends various Acts to make conforming changes.
Last Action 3/12/2019 House Assigned to Judiciary-Criminal Committee-Hearing 3/26/2019