Bill Text: IL HB2430 | 2023-2024 | 103rd General Assembly | Introduced

---

Bill Title: Amends the Cannabis Regulation and Tax Act. Provides that the Department of Agriculture shall adopt rules to establish cannabis nursery licenses that allow for the sale of cannabis seeds, seedlings, and cuttings to registered qualifying patients under the Compassionate Use of Medical Cannabis Act for the purposes of home cultivation, subject to specified provisions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-03-10 - Rule 19(a) / Re-referred to Rules Committee [HB2430 Detail]

Download: Illinois-2023-HB2430-Introduced.html

---

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2430 Introduced , by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED:
410 ILCS 705/10-5
Amends the Cannabis Regulation and Tax Act. Provides that the Department of Agriculture shall adopt rules to establish cannabis nursery licenses that allow for the sale of cannabis seeds, seedlings, and cuttings to registered qualifying patients under the Compassionate Use of Medical Cannabis Act for the purposes of home cultivation, subject to specified provisions.
LRB103 29916 AWJ 56328 b
A BILL FOR
HB2430 LRB103 29916 AWJ 56328 b
AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Cannabis Regulation and Tax Act is amended
by changing Section 10-5 as follows:
(410 ILCS 705/10-5)
Sec. 10-5. Personal use of cannabis; restrictions on
cultivation; penalties.
(a) Beginning January 1, 2020, notwithstanding any other
provision of law, and except as otherwise provided in this
Act, the following acts are not a violation of this Act and
shall not be a criminal or civil offense under State law or the
ordinances of any unit of local government of this State or be
a basis for seizure or forfeiture of assets under State law for
persons other than natural individuals under 21 years of age:
(1) possession, consumption, use, purchase, obtaining,
or transporting cannabis paraphernalia or an amount of
cannabis for personal use that does not exceed the
possession limit under Section 10-10 or otherwise in
accordance with the requirements of this Act;
(2) cultivation of cannabis for personal use in
accordance with the requirements of this Act; and
(3) controlling property if actions that are

HB2430 - 2 - LRB103 29916 AWJ 56328 b
authorized by this Act occur on the property in accordance
with this Act.
(a-1) Beginning January 1, 2020, notwithstanding any other
provision of law, and except as otherwise provided in this
Act, possessing, consuming, using, purchasing, obtaining, or
transporting cannabis paraphernalia or an amount of cannabis
purchased or produced in accordance with this Act that does
not exceed the possession limit under subsection (a) of
Section 10-10 shall not be a basis for seizure or forfeiture of
assets under State law.
(b) Cultivating cannabis for personal use is subject to
the following limitations:
(1) An Illinois resident 21 years of age or older who
is a registered qualifying patient under the Compassionate
Use of Medical Cannabis Program Act may cultivate cannabis
plants, with a limit of 5 plants that are more than 5
inches tall, per household without a cultivation center or
craft grower license. In this Section, "resident" means a
person who has been domiciled in the State of Illinois for
a period of 30 days before cultivation.
(2) Cannabis cultivation must take place in an
enclosed, locked space.
(3) Adult registered qualifying patients may purchase
cannabis seeds from a dispensary for the purpose of home
cultivation. Seeds may not be given or sold to any other
person.

HB2430 - 3 - LRB103 29916 AWJ 56328 b
(4) Cannabis plants shall not be stored or placed in a
location where they are subject to ordinary public view,
as defined in this Act. A registered qualifying patient
who cultivates cannabis under this Section shall take
reasonable precautions to ensure the plants are secure
from unauthorized access, including unauthorized access by
a person under 21 years of age.
(5) Cannabis cultivation may occur only on residential
property lawfully in possession of the cultivator or with
the consent of the person in lawful possession of the
property. An owner or lessor of residential property may
prohibit the cultivation of cannabis by a lessee.
(6) (Blank).
(7) A dwelling, residence, apartment, condominium
unit, enclosed, locked space, or piece of property not
divided into multiple dwelling units shall not contain
more than 5 plants at any one time.
(8) Cannabis plants may only be tended by registered
qualifying patients who reside at the residence, or their
authorized agent attending to the residence for brief
periods, such as when the qualifying patient is
temporarily away from the residence.
(9) A registered qualifying patient who cultivates
more than the allowable number of cannabis plants, or who
sells or gives away cannabis plants, cannabis, or
cannabis-infused products produced under this Section, is

HB2430 - 4 - LRB103 29916 AWJ 56328 b
liable for penalties as provided by law, including the
Cannabis Control Act, in addition to loss of home
cultivation privileges as established by rule.
(10) The Department shall adopt rules to establish
cannabis nursery licenses that allow for the sale of
cannabis seeds, seedlings, and cuttings to registered
qualifying patients under the Compassionate Use of Medical
Cannabis Act for the purposes of home cultivation, subject
to the requirements of this Section.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)