Bill Text: IL SB0042 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the Illinois Vehicle Code. Removes the requirement that cannabis within any area of a motor vehicle must be in an odor-proof container. Provides that if a motor vehicle is driven or occupied by an individual 21 years of age or over, a law enforcement officer may not stop or detain the motor vehicle or its driver nor inspect or search the motor vehicle, the contents of the motor vehicle, or the operator or passenger of the motor vehicle solely based on the odor of burnt or raw cannabis.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-01-13 - Referred to Assignments [SB0042 Detail]

Download: Illinois-2025-SB0042-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0042 Introduced 1/13/2025, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED:
625 ILCS 5/11-502.1
625 ILCS 5/11-502.15
Amends the Illinois Vehicle Code. Removes the requirement that cannabis within any area of a motor vehicle must be in an odor-proof container. Provides that if a motor vehicle is driven or occupied by an individual 21 years of age or over, a law enforcement officer may not stop or detain the motor vehicle or its driver nor inspect or search the motor vehicle, the contents of the motor vehicle, or the operator or passenger of the motor vehicle solely based on the odor of burnt or raw cannabis.
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A BILL FOR
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AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by
changing Sections 11-502.1 and 11-502.15 as follows:
(625 ILCS 5/11-502.1)
Sec. 11-502.1. Possession of medical cannabis in a motor
vehicle.
(a) No driver, who is a medical cannabis cardholder, may
use medical cannabis within the passenger area of any motor
vehicle upon a highway in this State.
(b) No driver, who is a medical cannabis cardholder, a
medical cannabis designated caregiver, medical cannabis
cultivation center agent, or dispensing organization agent may
possess medical cannabis within any area of any motor vehicle
upon a highway in this State except in a secured, sealed or
resealable, odor-proof, and child-resistant medical cannabis
container that is inaccessible.
(c) No passenger, who is a medical cannabis card holder, a
medical cannabis designated caregiver, or medical cannabis
dispensing organization agent may possess medical cannabis
within any passenger area of any motor vehicle upon a highway
in this State except in a secured, sealed or resealable,

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odor-proof, and child-resistant medical cannabis container
that is inaccessible.
(d) Any person who violates subsections (a) through (c) of
this Section:
(1) commits a Class A misdemeanor;
(2) shall be subject to revocation of his or her
medical cannabis card for a period of 2 years from the end
of the sentence imposed; and
(3) shall be subject to revocation of his or her
status as a medical cannabis caregiver, medical cannabis
cultivation center agent, or medical cannabis dispensing
organization agent for a period of 2 years from the end of
the sentence imposed.
(Source: P.A. 101-27, eff. 6-25-19; 102-98, eff. 7-15-21;
102-558, eff. 8-20-21.)
(625 ILCS 5/11-502.15)
Sec. 11-502.15. Possession of adult use cannabis in a
motor vehicle.
(a) No driver may use cannabis within the passenger area
of any motor vehicle upon a highway in this State.
(b) No driver may possess cannabis within any area of any
motor vehicle upon a highway in this State except in a secured,
sealed or resealable, odor-proof, child-resistant cannabis
container that is inaccessible.
(c) No passenger may possess cannabis within any passenger

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