Bill Text: IL SB1772 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Creates the On-Premise Cannabis Consumption Act. Provides that a county or municipality may issue licenses for temporary events and cannabis hospitality venues that will allow for the consumption of cannabis or cannabis-infused products and for the sale of cannabis paraphernalia at such temporary events or venues. Requires ordinances with specified requirements for such temporary events and cannabis hospitality venues before any licenses are issued. Limits home rule powers. Makes conforming changes in the Smoke Free Illinois Act. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-02-06 - Referred to Assignments [SB1772 Detail]

Download: Illinois-2025-SB1772-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1772 Introduced 2/5/2025, by Sen. Kimberly A. Lightford SYNOPSIS AS INTRODUCED:
New Act
410 ILCS 82/35
Creates the On-Premise Cannabis Consumption Act. Provides that a county or municipality may issue licenses for temporary events and cannabis hospitality venues that will allow for the consumption of cannabis or cannabis-infused products and for the sale of cannabis paraphernalia at such temporary events or venues. Requires ordinances with specified requirements for such temporary events and cannabis hospitality venues before any licenses are issued. Limits home rule powers. Makes conforming changes in the Smoke Free Illinois Act. Effective immediately.
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A BILL FOR
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AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
On-Premise Cannabis Consumption Act.
Section 5. Definitions. As used in this Act:
"Cannabis" has the meaning given to that term in Section
1-10 of the Cannabis Regulation and Tax Act.
"Cannabis business establishment" has the meaning given to
that term in Section 1-10 of the Cannabis Regulation and Tax.
"Cannabis hospitality venue" means a public or private
restaurant, bar, or other business licensed under Section 15
that allows communal consumption of cannabis or
cannabis-infused products on premises.
"Cannabis-infused product" has the meaning given to that
term in Section 1-10 of the Cannabis Regulation and Tax Act.
"Cannabis paraphernalia" has the meaning given to that
term in Section 1-10 of the Cannabis Regulation and Tax Act.
"Governmental unit" means a county or municipality.
"Venue" means any business establishment licensed by a
governmental unit for hospitality-related business.
Section 10. Temporary event permits.

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(a) The hosting of a temporary event for the consumption
of cannabis or cannabis infused products at a venue not
licensed as a cannabis hospitality venue is subject to
regulation by a municipality for events within the
municipality and by a county for events outside of a
municipality.
(b) A temporary event including the consumption of
cannabis or cannabis-infused products must hold a temporary
event permit issued by the governmental unit for the premises
at which the temporary event is conducted.
(c) An applicant for a temporary event permit under this
Section and the premises where it shall be conducted must meet
the requirements of any ordinance passed or adopted by the
governmental unit under this subsection.
(1) Before a governmental unit may issue any temporary
event permits under this Section, the governmental unit
must adopt an ordinance that includes all of the
following:
(A) application and permit fees for a permit
issued under this Section;
(B) maximum term of a permit issued under this
section; and
(C) a requirement that each permit application
includes plans detailing:
(i) the date, time of operation, and address
of the location hosting the consumption event;

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(ii) how smoke, aerosols, and vapors from
cannabis consumption will be ventilated in indoor
consumption spaces;
(iii) how consumption will be obscured from
view by opaque or translucent walls, fences,
hedges, or other barriers in outdoor spaces; and
(iv) how individuals under 21 will be
prevented from entering the consumption space.
(2) The governmental unit may not adopt an ordinance
or rule that:
(A) prohibits a person who holds a permit issued
under this Section from adopting policies that allow
attendees of temporary events to bring their own
cannabis, cannabis infused products, or cannabis
paraphernalia into a temporary event;
(B) prohibits the preparation and sale of food and
non-alcoholic beverages at venues already licensed for
such sales by the governmental unit; or
(C) imposes public health or safety standards if
those standards serve no purpose other than deterring
the organization and execution of temporary events.
(d) The premises at which an applicant intends to conduct
the event may not be located within 500 feet of a primary or
secondary school.
(e) An applicant for a temporary event permit under this
Section must apply for the permit in the manner required by

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ordinance of the governmental unit.
(f) Permit fees assessed under this Section must be
reasonably related to the cost of inspecting and regulating
the temporary event.
Section 15. Cannabis hospitality venues.
(a) The consumption of cannabis or cannabis-infused
products at a cannabis hospitality venue is subject to
regulation by a municipality for cannabis hospitality venues
within the municipality and by a county for cannabis
hospitality venues outside of a municipality.
(b) A person operating a cannabis hospitality venue must
hold a cannabis hospitality venue license issued by the
governmental unit for the premises at which the consumption
occurs.
(c) The premises at which an applicant intends to have a
cannabis hospitality venue may not be located within 500 feet
of a public or private elementary or secondary school.
(d) An applicant for a cannabis hospitality venue license
under this Section and the premises at which the cannabis
hospitality venue is to be located must meet the requirements
of any ordinance adopted by the governmental unit under this
subsection.
(1) The ordinance must include all of the following:
(A) a requirement that a person who holds a
license must renew the license annually;

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(B) fees for the application, licensure, and
renewal of licensure for a license under this Section;
(C) a restriction on the consumption of cannabis
or cannabis-infused products to designated areas of a
premises for which a license has been issued under
this Section;
(D) a requirement that each portion of a premises
for which a license has been issued under this Section
where cannabis or cannabis-infused products are
smoked, aerosolized, or vaporized must have:
(i) a ventilation system for any indoor
consumption areas that exhausts smoke, aerosols,
and vapors from that portion of the premises;
(ii) is designed and terminated in accordance
with building code standards for the applicable
occupancy classification; and
(iii) for any outdoor consumption area, it
must be surrounded by a sight-obscuring wall,
fence, hedge, or other opaque or translucent
barrier; the outdoor consumption space may be
located closer than 15 feet from an entrance or
exit of the cannabis hospitality venue so long as
the outdoor consumption space is not obstructing
the venue's primary public entry point or is
located on a public way.
(F) a requirement that a premises for which a

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license has been issued under this Section must meet
any public health and safety standards and industry
best practices established by the governmental unit by
rule or ordinance;
(G) a requirement that premises for which this
license be issued have a designated smoke free area so
employees of the facility can be isolated from
cannabis smoke, vapor, and aerosols;
(H) a requirement that premises for which this
license be issued have a plan in place to prevent
patrons under the age of 21 from accessing the
consumption space; and
(I) a requirement that licensees which qualify for
Social Equity Applicant status found in the Cannabis
Tax and Regulation Act have their licensing costs
refunded.
(2) The governmental unit may not adopt an ordinance
or rule that:
(A) prohibits a person who holds a license issued
under this Section from adopting policies that allow
persons attending the cannabis hospitality venue to
bring cannabis, cannabis-infused products, or cannabis
paraphernalia into the club;
(B) imposes public health or safety standards on
cannabis hospitality venues if those standards serve
no purpose other than deterring the consumption of

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cannabis or cannabis-infused products at the cannabis
hospitality venue; or
(C) prohibits the lawful preparation and sale of
food and beverage or the lawful sale or rental of
cannabis related paraphernalia so long as the cannabis
hospitality venue is appropriately licensed and in
compliance for such activities.
(f) License fees assessed under this Section must be
reasonably related to the cost of inspecting and regulating
the cannabis hospitality venue.
(g) Municipalities may choose to prohibit cannabis
hospitality venues from serving alcoholic beverages.
(h) Outside of areas defined by Section 10 and Section 15
of this act, a municipality may allow the use of cannabis in
places tobacco use is permitted by the Smoke Free Illinois
Act.
Section 20. Home rule. A home rule unit may not regulate or
license temporary events or cannabis hospitality venues a
manner inconsistent with this Act. This Act is a limitation
under subsection (i) of Section 6 of Article VII of the
Illinois Constitution on the concurrent exercise by home rule
units of powers and functions exercised by the State.
Section 90. The Smoke Free Illinois Act is amended by
changing Section 35 as follows:

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(410 ILCS 82/35)
Sec. 35. Exemptions. Notwithstanding any other provision
of this Act, smoking is allowed in the following areas:
(1) Private residences or dwelling places, except when
used as a child care, adult day care, or healthcare
facility or any other home-based business open to the
public.
(2) Retail tobacco stores as defined in Section 10 of
this Act in operation prior to January 1, 2008 (the
effective date of Public Act 95-17). The retail tobacco
store shall annually file with the Department by January
31st an affidavit stating the percentage of its gross
income during the prior calendar year that was derived
from the sale of loose tobacco, plants, or herbs and
cigars, cigarettes, pipes, or other smoking devices for
smoking tobacco and related smoking accessories. Any
retail tobacco store that begins operation after January
1, 2008 (the effective date of Public Act 95-17) may only
qualify for an exemption if located in a freestanding
structure occupied solely by the business and smoke from
the business does not migrate into an enclosed area where
smoking is prohibited. A retail tobacco store that derives
at least 80% of its gross revenue from the sale of
electronic cigarettes and electronic cigarette equipment
and accessories in operation before January 1, 2024 (the

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effective date of Public Act 103-272) qualifies for this
exemption for electronic cigarettes only. A retail tobacco
store claiming an exemption for electronic cigarettes
shall annually file with the Department by January 31 an
affidavit stating the percentage of its gross income
during the prior calendar year that was derived from the
sale of electronic cigarettes. A retail tobacco store may,
with authorization or permission from a unit of local
government, including a home rule unit, or any non-home
rule county within the unincorporated territory of the
county, allow the on-premises consumption of cannabis in
specially designated areas.
(3) (Blank).
(4) Hotel and motel sleeping rooms that are rented to
guests and are designated as smoking rooms, provided that
all smoking rooms on the same floor must be contiguous and
smoke from these rooms must not infiltrate into nonsmoking
rooms or other areas where smoking is prohibited. Not more
than 25% of the rooms rented to guests in a hotel or motel
may be designated as rooms where smoking is allowed. The
status of rooms as smoking or nonsmoking may not be
changed, except to permanently add additional nonsmoking
rooms. Hotel and motel establishments may also apply and
be licensed under the provisions of the On-Premise
Cannabis Consumption Act and may host consumption events
as detailed in that Act.

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(5) Enclosed laboratories that are excluded from the
definition of "place of employment" in Section 10 of this
Act. Rulemaking authority to implement Public Act 95-1029,
if any, is conditioned on the rules being adopted in
accordance with all provisions of the Illinois
Administrative Procedure Act and all rules and procedures
of the Joint Committee on Administrative Rules; any
purported rule not so adopted, for whatever reason, is
unauthorized.
(6) Common smoking rooms in long-term care facilities
operated under the authority of the Illinois Department of
Veterans' Affairs or licensed under the Nursing Home Care
Act that are accessible only to residents who are smokers
and have requested in writing to have access to the common
smoking room where smoking is permitted and the smoke
shall not infiltrate other areas of the long-term care
facility. Rulemaking authority to implement Public Act
95-1029, if any, is conditioned on the rules being adopted
in accordance with all provisions of the Illinois
Administrative Procedure Act and all rules and procedures
of the Joint Committee on Administrative Rules; any
purported rule not so adopted, for whatever reason, is
unauthorized.
(7) A convention hall of the Donald E. Stephens
Convention Center where a meeting or trade show for
manufacturers and suppliers of tobacco and tobacco

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products and accessories is being held, during the time
the meeting or trade show is occurring, if the meeting or
trade show:
(i) is a trade-only event and not open to the
public;
(ii) is limited to attendees and exhibitors that
are 21 years of age or older;
(iii) is being produced or organized by a business
relating to tobacco or a professional association for
convenience stores; and
(iv) involves the display of tobacco products.
Smoking is not allowed in any public area outside of
the hall designated for the meeting or trade show.
This paragraph (7) is inoperative on and after October
1, 2015.
(8) A dispensing organization, as defined in the
Cannabis Regulation and Tax Act, authorized or permitted
by a unit local government to allow on-site consumption of
cannabis, if the establishment: (1) maintains a specially
designated area or areas for the purpose of heating,
burning, smoking, or lighting cannabis; (2) is limited to
individuals 21 or older; and (3) maintains a locked door
or barrier to any specially designated areas for the
purpose of heating, burning, smoking or lighting cannabis.
(9) Temporary events or cannabis hospitality venues
licensed under the On-Premise Cannabis Consumption Act.

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(Source: P.A. 103-272, eff. 1-1-24; 103-605, eff. 7-1-24.)
Section 99. Effective date. This Act takes effect upon
becoming law.