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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3883 Introduced , by Rep. Michael J. Kelly SYNOPSIS AS INTRODUCED:
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| New Act | | 20 ILCS 2610/12.5 | | 410 ILCS 130/30 | | 410 ILCS 705/10-35 | |
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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.
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| | A BILL FOR |
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| | HB3883 | | LRB103 30421 AWJ 56851 b |
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| 1 | | AN ACT concerning government.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 1. Short title. This Act may be cited as the First |
| 5 | | Responder Cannabis Testing Act.
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| 6 | | Section 5. Definitions. As used in this Act: |
| 7 | | "Emergency medical personnel" has the meaning given to |
| 8 | | that term in Section 3.5 of the Emergency Medical Services |
| 9 | | (EMS) Systems Act. |
| 10 | | "First responder" means a law enforcement officer, |
| 11 | | firefighter, emergency medical services personnel, or public |
| 12 | | safety telecommunicator. |
| 13 | | "Law enforcement officer" has the meaning given to that |
| 14 | | term in Section 5 of the Law Enforcement Officer Bulletproof |
| 15 | | Vest Act. |
| 16 | | "Public safety telecommunicator" has the meaning given to |
| 17 | | that term in Section 2 of the Emergency Telephone Systems Act.
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| 18 | | Section 10. Employee testing. |
| 19 | | (a) Before a first responder may be tested for any |
| 20 | | substance prohibited under the Cannabis Control Act, the |
| 21 | | person ordering the test must demonstrate there is cause for |
| 22 | | testing, such as an actual suspicion that the first responder |
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| | HB3883 | - 2 - | LRB103 30421 AWJ 56851 b |
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| 1 | | is currently intoxicated with a substance prohibited by the |
| 2 | | Cannabis Control Act or there was an vehicular crash or other |
| 3 | | accident at work that may have been caused by intoxication |
| 4 | | with a substance prohibited under the Cannabis Control Act. |
| 5 | | (b) A test administered to detect any substance prohibited |
| 6 | | under the Cannabis Control Act under this Section shall be a |
| 7 | | saliva-based test and may not be a urine, blood, or hair |
| 8 | | follicle test.
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| 9 | | Section 15. Positive test. If a first responder tests |
| 10 | | positive for any substance prohibited under the Cannabis |
| 11 | | Control Act, that first responder may be discharged only if |
| 12 | | there is evidence that the first responder was intoxicated |
| 13 | | with a substance prohibited under the Cannabis Control Act |
| 14 | | immediately prior to the start of or during the first |
| 15 | | responder's shift.
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| 16 | | Section 20. Conflict with other laws. To the extent this |
| 17 | | Act conflicts with any other provision of law, this Act |
| 18 | | controls.
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| 19 | | Section 25. Home rule. A home rule unit may not regulate |
| 20 | | drug testing in a manner inconsistent with this Act. This Act |
| 21 | | is a limitation under subsection (i) of Section 6 of Article |
| 22 | | VII of the Illinois Constitution on the concurrent exercise by |
| 23 | | home rule units of powers and functions exercised by the |
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| | HB3883 | - 3 - | LRB103 30421 AWJ 56851 b |
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| 1 | | State.
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| 2 | | Section 30. The Illinois State Police Act is amended by |
| 3 | | changing Section 12.5 as follows:
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| 4 | | (20 ILCS 2610/12.5)
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| 5 | | Sec. 12.5. Drug Zero tolerance drug policy. Any person |
| 6 | | employed by the Illinois
State Police who tests positive in |
| 7 | | accordance with established Illinois State Police
drug
testing |
| 8 | | procedures for any substance prohibited by
the
Illinois |
| 9 | | Controlled Substances Act or the Methamphetamine Control and |
| 10 | | Community Protection Act shall be discharged from employment.
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| 11 | | Testing Any person employed by the Illinois State Police who |
| 12 | | tests positive
in
accordance with established Illinois State |
| 13 | | Police drug testing procedures for any
substance
prohibited by |
| 14 | | the Cannabis Control Act and disciplinary actions for a |
| 15 | | positive test must be conducted in accordance with the First |
| 16 | | Responder Cannabis Testing Act may be
discharged from |
| 17 | | employment. Refusal to
submit to a drug test, ordered in |
| 18 | | accordance with Illinois State Police procedures, by
any |
| 19 | | person
employed by the Illinois State Police shall be |
| 20 | | construed as a positive test, and the
person shall be
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| 21 | | discharged from employment. The changes made in this Section |
| 22 | | by this amendatory Act of the 100th General Assembly shall |
| 23 | | apply to all pending and future incidents under this Section.
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| 24 | | (Source: P.A. 102-538, eff. 8-20-21.)
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| | HB3883 | - 4 - | LRB103 30421 AWJ 56851 b |
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| 1 | | Section 35. The Compassionate Use of Medical Cannabis |
| 2 | | Program Act is amended by changing Section 30 as follows:
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| 3 | | (410 ILCS 130/30)
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| 4 | | Sec. 30. Limitations and penalties.
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| 5 | | (a) This Act does not permit any person to engage in, and |
| 6 | | does not prevent the imposition of any civil, criminal, or |
| 7 | | other penalties for engaging in, the following conduct:
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| 8 | | (1) Undertaking any task under the influence of |
| 9 | | cannabis, when doing so would constitute negligence, |
| 10 | | professional malpractice, or professional misconduct;
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| 11 | | (2) Possessing cannabis:
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| 12 | | (A) except as provided under Section 22-33 of the |
| 13 | | School Code, in a school bus;
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| 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;
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| 17 | | (C) in any correctional facility; |
| 18 | | (D) in a vehicle under Section 11-502.1 of the |
| 19 | | Illinois Vehicle Code;
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| 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
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| 24 | | (F) in a private residence that is used at any time |
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| | HB3883 | - 5 - | LRB103 30421 AWJ 56851 b |
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| 1 | | to provide licensed child care or other similar social |
| 2 | | service care on the premises; |
| 3 | | (3) Using cannabis:
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| 4 | | (A) except as provided under Section 22-33 of the |
| 5 | | School Code, in a school bus;
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| 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;
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| 9 | | (C) in any correctional facility;
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| 10 | | (D) in any motor vehicle;
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| 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 |
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| | HB3883 | - 6 - | LRB103 30421 AWJ 56851 b |
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| 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;
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| 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;
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| 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;
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| 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;
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| 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;
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| 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;
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| 23 | | (8) Transferring cannabis to any person contrary to |
| 24 | | the provisions of this Act;
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| 25 | | (9) The use of medical cannabis by an active duty law |
| 26 | | enforcement officer, correctional officer, correctional |
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| | HB3883 | - 7 - | LRB103 30421 AWJ 56851 b |
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| 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.
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| 5 | | (b) Nothing in this Act shall be construed to prevent the |
| 6 | | arrest or prosecution of a registered qualifying patient for |
| 7 | | reckless driving or driving under the influence of cannabis |
| 8 | | where probable cause exists.
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| 9 | | (c) Notwithstanding any other criminal penalties related |
| 10 | | to the unlawful possession of cannabis, knowingly making a |
| 11 | | misrepresentation to a law enforcement official of any fact or |
| 12 | | circumstance relating to the medical use of cannabis to avoid |
| 13 | | arrest or prosecution is a petty offense punishable by a fine |
| 14 | | of up to $1,000, which shall be in addition to any other |
| 15 | | penalties that may apply for making a false statement or for |
| 16 | | the use of cannabis other than use undertaken under this Act.
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| 17 | | (d) Notwithstanding any other criminal penalties related |
| 18 | | to the unlawful possession of cannabis, any person who makes a |
| 19 | | misrepresentation of a medical condition to a certifying |
| 20 | | health care professional or fraudulently provides material |
| 21 | | misinformation to a certifying health care professional in |
| 22 | | order to obtain a written certification is guilty of a petty |
| 23 | | offense punishable by a fine of up to $1,000.
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| 24 | | (e) Any cardholder or registered caregiver who sells |
| 25 | | cannabis shall have his or her registry identification card |
| 26 | | revoked and is subject to other penalties for the unauthorized |
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| | HB3883 | - 8 - | LRB103 30421 AWJ 56851 b |
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| 1 | | sale of cannabis.
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| 2 | | (f) Any registered qualifying patient who commits a |
| 3 | | violation of Section 11-502.1 of the Illinois Vehicle Code or |
| 4 | | refuses a properly requested test related to operating a motor |
| 5 | | vehicle while under the influence of cannabis shall have his |
| 6 | | or her registry identification card revoked.
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| 7 | | (g) No registered qualifying patient or designated |
| 8 | | caregiver shall knowingly obtain, seek to obtain, or possess, |
| 9 | | individually or collectively, an amount of usable cannabis |
| 10 | | from a registered medical cannabis dispensing organization |
| 11 | | that would cause him or her to exceed the authorized adequate |
| 12 | | supply under subsection (a) of Section 10.
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| 13 | | (h) Nothing in this Act shall prevent a private business |
| 14 | | from restricting or prohibiting the medical use of cannabis on |
| 15 | | its property.
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| 16 | | (i) Nothing in this Act shall prevent a university, |
| 17 | | college, or other institution of post-secondary education from |
| 18 | | restricting or prohibiting the use of medical cannabis on its |
| 19 | | property.
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| 20 | | (Source: P.A. 101-363, eff. 8-9-19; 102-67, eff. 7-9-21.)
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| 21 | | Section 40. The Cannabis Regulation and Tax Act is amended |
| 22 | | by changing Section 10-35 as follows:
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| 23 | | (410 ILCS 705/10-35)
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| 24 | | Sec. 10-35. Limitations and penalties. |
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| | HB3883 | - 9 - | LRB103 30421 AWJ 56851 b |
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| 1 | | (a) This Act does not permit any person to engage in, and |
| 2 | | does not prevent the imposition of any civil, criminal, or |
| 3 | | other 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; |
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| | HB3883 | - 10 - | LRB103 30421 AWJ 56851 b |
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| 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; |
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| | HB3883 | - 11 - | LRB103 30421 AWJ 56851 b |
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| 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 |
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| | HB3883 | - 12 - | LRB103 30421 AWJ 56851 b |
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| 1 | | where a person could reasonably be expected to be observed by |
| 2 | | others. "Public place" includes all parts of buildings owned |
| 3 | | in whole or in part, or leased, by the State or a unit of local |
| 4 | | government. "Public place" includes all areas in a park, |
| 5 | | recreation area, wildlife area, or playground owned in whole |
| 6 | | or in part, leased, or managed by the State or a unit of local |
| 7 | | government. "Public place" does not include a private |
| 8 | | residence unless the private residence is used to provide |
| 9 | | licensed child care, foster care, or other similar social |
| 10 | | service care on the premises. |
| 11 | | (b) Nothing in this Act shall be construed to prevent the |
| 12 | | arrest or prosecution of a person for reckless driving or |
| 13 | | driving under the influence of cannabis, operating a |
| 14 | | watercraft under the influence of cannabis, or operating a |
| 15 | | snowmobile under the influence of cannabis if probable cause |
| 16 | | exists. |
| 17 | | (c) Nothing in this Act shall prevent a private business |
| 18 | | from restricting or prohibiting the use of cannabis on its |
| 19 | | property, including areas where motor vehicles are parked. |
| 20 | | (d) Nothing in this Act shall require an individual or |
| 21 | | business entity to violate the provisions of federal law, |
| 22 | | including colleges or universities that must abide by the |
| 23 | | Drug-Free Schools and Communities Act Amendments of 1989, that |
| 24 | | require campuses to be drug free.
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| 25 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; |
| 26 | | 102-98, eff. 7-15-21.)
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