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Lexis Nexis Illinois Marijuana Laws and Regulations
This publication helps users navigate this fast-evolving regulatory framework of marijuana law in Illinois by providing an analytical guide to the Cannabis Regulation and Tax Act and the Cannabis Control Act with links to pertinent provisions of the Act, as well as related Illinois laws and regulations.
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Michie
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On January 1, 2020, Illinois became the eleventh state to legalize cannabis for both medical and recreational use. Such use is governed by the Illinois Cannabis Regulation and Tax Act, 410 ILCS 705/ et seq. (“CRTA” or the “Act”). Some of the key provisions of the Act are:
• legalizes personal possession of up to 30 grams of cannabis for Illinois residents at least 21 years of age, with lower limits for non-residents.
• contains expungement provisions for individuals who had been convicted of certain cannabis-related crimes.
• provides for license application benefits for social equity applicants, and it includes $12,000,000 in funding for social equity programs.
• contains provisions for local communities to decide whether or not to allow cannabis-related businesses, collect additional taxes, and establish zoning requirements.
• creates the Illinois Cannabis Regulation Oversight Office within the Illinois Department of Financial and Professional Regulation; it also creates the Adult Use Cannabis Health Advisory Committee within the Illinois Department of Human Services.
• provides for taxes on cannabis products and businesses.
This publication provides an analytical guide to the CRTA from the Cannabis Team of national law firm Shepard Mullin, with links to pertinent provisions of the Act and related statutes . Sheppard Mullin’s Cannabis Industry Team helps cannabis and ancillary businesses, including hemp CBD-based or infused products companies, with issues related to legal cannabis business activities, including regulatory compliance, raising and deploying capital, banking and finance, accounting control and anti-money laundering compliance, real estate development and leasing, litigation, intellectual property, public company representation and SEC filings, land use and zoning, investigations and taxation.
Navigate this fast-evolving regulatory framework of marijuana law in Illinois with this single volume analytical source, which includes both the Cannabis Regulation and Tax Act and the Cannabis Control Act, as well as related laws and regulations selected from throughout the Illinois Compiled Statutes Annotated and the Illinois Administrative Code.
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Table of contents
ANALYTICAL MATERIALS
.
Chapter 1. An Overview of Illinois Cannabis Law, 1.01 to 1.15
Chapter 2. Licensing Issues in the Cannabis Industry, 2.01 to 2.04
Chapter 3. Overview of the Cannabis Social Equity Program, 3.01, 3.02
Chapter 4. Cannabis and Intellectual Property Issues - Patents, 4.01 to 4.04
Chapter 5. Cannabis and Intellectual Property Issues - Trademarks, 5.01 to 5.04
Chapter 6. Insurance and the Cannabis Industry Under Federal and Illinois Law, 6.01 to 6.05
Chapter 7. Banking Law in Relation to the Cannabis Industry, 7.01 to 7.04
Chapter 8. Taxation and Cannabis, 8.01 to 8.07
Chapter 9. Cannabis-Related Labor & Employment Issues, 9.01 to 9.04
Chapter 10. Real Estate and Cannabis, 10.01 to 10.05
Chapter 11. Insolvency and Debt Remedies, 11.01 to 11.03
Chapter 12. Data Privacy Issues in the Cannabis Industry, 12.01 to 12.04
PRIMARY SOURCE
CHAPTER 410. PUBLIC HEALTH
• Compassionate Use of Medical Cannabis Program Act, 410 ILCS 130/1 to 410 ILCS 130/999 Illinois Food, Drug and Cosmetic Act, 410 ILCS 620/16
• Cannabis Regulation and Tax Act, 410 ILCS 705/1-1 to 410 ILCS 705/999-99
RELATED LAWS
CHAPTER 10. ELECTIONS
• Election Code, 10 ILCS 5/9-45
CHAPTER 15. EXECUTIVE OFFICERS
Secretary of State
• Secretary of State Act, 15 ILCS 305/25
CHAPTER 35. REVENUE
Use and Occupation Taxes
• Service Use Tax Act, 35 ILCS 110/3-10
• Retailers’ Occupation Tax Act, 35 ILCS 120/2-10
Excise Taxes
• Cannabis and Controlled Substances Tax Act [Repealed], 35 ILCS 520/1 to 35 ILCS 520/26
CHAPTER 55. COUNTIES
Counties Code
• Art. 5. Powers and Duties of County Boards, 55 ILCS 5/5-1006.8
CHAPTER 65. MUNICIPALITIES
• Illinois Municipal Code.
• Art. 8. Finance, 65 ILCS 5/8-11-22
CHAPTER 105. SCHOOLS
Common Schools > School Code
• Art. 10. School Boards, 105 ILCS 5/10-27.1B
• Art. 22. General Provisions — Penalties — Liabilities, 105 ILCS 5/22-33
Health and Safety
• School Reporting of Drug Violations Act, 105 ILCS 127/1 to 105 ILCS 127/99
CHAPTER 505. AGRICULTURE
• Industrial Hemp Act, 505 ILCS 89/1 to 505 ILCS 89/999
CHAPTER 620. AIR TRANSPORTATION
• Illinois Aeronautics Act, 620 ILCS 5/43d
CHAPTER 625. VEHICLES
Illinois Vehicle Code.
• Chap. 11. Rules of the Road, 625 ILCS 5/11-501, 625 ILCS 5/11-502.1, 625 ILCS 5/11-507
Snowmobile Registration and Safety Act.
• Art. I. Definitions — Applications — Jurisdiction, 625 ILCS 40/1-2.03
• Art. V. Control Provisions, 625 ILCS 45/5-7, 625 ILCS 45/5-7.1
Boat Registration and Safety Act
• Art. V. Operation of Motorboats, 625 ILCS 45/5-16
CHAPTER 720. CRIMINAL OFFENSES
Criminal Code > Criminal Code of 2012
• Art. 12. Bodily Harm, 720 ILCS 5/12-5.3
Offenses Against the Public
• Cannabis Control Act, 720 ILCS 550/1 to 720 ILCS 550/19
Illinois Administrative Code > Title 8. Agriculture and Animals > Chapter I. Illinois Department of Agriculture
• Part 1000. Compassionate Use of Medical Cannabis Pilot Program, §§ 1000.10 to 1000.700
• Part 1100. Industrial Hemp Pilot Program, §§ 1100.10 to 1100.100
• Part 1200. Industrial Hemp Act, §§ 1200.10 to 1200.130
• Part 1300. Cannabis Regulation & Tax Act, §§ 1300.10 to 1300.940
Title 68. Professions and Occupations > Chapter VII. Department of Financial and Professional Regulation
• Part 1290. Rules for Administration of the Compassionate Use of Medical Cannabis Pilot Program, §§ 1290.10 to 1290.620
• Part 1291. Cannabis Regulation and Tax Act, §§ 1291.10, 1291.50
Title 77. Public Health > Chapter I. Department of Heath
• Part 946. Compassionate Use of Medical Cannabis Pilot Program, §§ 946.10 to 946.630
Title 86. Revenue > Chapter I. Department of Revenue
• Part 100. Income Tax, § 100.2060
• Part 422. Cannabis Cultivation Privilege Tax, §§ 422.100 to 422.150
• Part 423. Cannabis Purchaser Excise Tax, §§ 423.100 to 423.175
• Part 424. County Cannabis Retailers’ Occupation Tax, §§ 424.100 to 424.155
• Part 425. Municipal Cannabis Retailers’ Occupation Tax, §§ 425.100 to 425.155
• Part 429. Medical Cannabis Cultivation Privilege Tax Law, §§ 429.105 to 429.145
Title 92. Transportation > Chapter II. Secretary of State
• Part 1040. Cancellation, Revocation or Suspension of Licenses or Permits, § 1040.44
Index
