Illinois Senate and House Approve Recreational Cannabis Bill

[dropcap class=”kp-dropcap”]T[/dropcap]he Illinois Senate approved a bill 38-17 to legalize recreational cannabis for adult residents on May 29. On May 31, the Illinois House approved the bill as well. House Bill 1438 would allow adults 21 and older to legally purchase and possess 30 grams of cannabis flower or five grams of cannabis concentrate.

Only medical patients would be allowed to cultivate up to five cannabis plants at home. People with cannabis-related convictions for amounts under 30 grams would be eligible for expungement and those with convictions for 30-500 grams would have to petition courts for expungement. “We are the first state to attempt something this big and this comprehensive in one piece of legislation,” said State Sen. Toi Hutchinson.

The unusual thing about Illinois’ recreational cannabis bill is its provision to tax cannabis based on potency. Cannabis with under 35 percent THC would be subject to a 10 percent tax , cannabis-infused edibles and products would be subject to a 20 percent tax and cannabis products with over 35 percent THC would be subject to a 25 percent tax. The state already imposes a 6.25 percent sales tax, plus local jurisdictions could also impose up to a 3.5 percent local tax.

Landlords and employers would retain the right to enforce zero tolerance policies. But even with some compromises, some Assemblymembers still reject the bill. “More people are going to use, and that’s going to create more hazards for the public, not less,” said State Sen. Dale Righter. “Our kids are watching this. Maybe this is OK for us for now, and for a couple years we’ll get tax revenue. But its meaning 10 or 15 years down the road? And that’s my concern, and that’s why I oppose the bill.”

Illinois could become the latest state to embrace recreational cannabis. The bill now proceeds to Gov. J.B. Pritzker’s desk before the current legislative session ends on June 1.