CHICAGO, IL — Surrounded by a bipartisan group of lawmakers and felony justice reform advocates, Illinois Governor JB Pritzker signed probably the most equity-centric regulation in the nation to legalize adult-use cannabis in Illinois, beginning Jan. 1, 2020.
Home Bill 1438 promotes fairness and invests in the communities that suffered by way of the struggle on medicine, serving as a mannequin for the legalization and decriminalization of hashish.
“As the first state in the nation to fully legalize adult-use cannabis through the legislative process, Illinois exemplifies the best of democracy: a bipartisan and deep commitment to better the lives of all of our people,” stated Gov. JB Pritzker. “Legalizing adult-use cannabis brings an important and overdue change to our state, and it’s the right thing to do. This legislation will clear the cannabis-related records of nonviolent offenders through an efficient combination of automatic expungement, gubernatorial pardon and individual court action. I’m so proud that our state is leading with equity and justice in its approach to cannabis legalization and its regulatory framework. Because of the work of the people here today and so many more all across our state, Illinois is moving forward with empathy and hope.”
“This legislation lives true to the promise to bring justice, equity and opportunity throughout our state,” stated Lt. Gov. Juliana Stratton. “By including components focused on repairing the harm caused by the failed war on drugs and decades of policies that caused mass incarceration — Illinois is national leader with policy that’s a national model.”
“I am proud to say that, by working with hundreds of stakeholders and spending years seeking community input, we have crafted the most just, well-regulated cannabis plan in the country,” stated Sen. Heather Steans (D-Chicago). “This law keeps our children safe by prioritizing public safety, includes extensive restorative justice measures and brings in much-needed revenue for our state. I am thankful to all of my colleagues who stayed with me in this fight and to Gov. JB Pritzker for making it law.”
“This team effort sets a new standard for what cannabis reform can look like when undertaken with an openness to tough discussions, a commitment to strong outcomes and a willingness to do the hard work together,” stated Rep. Kelly Cassidy (D-Chicago). “We set out to do this differently and we did, because we stuck to those principles. The result is historic and full of promise that I intend to ensure we deliver on.”
“This historic legislation will right the wrongs of the past and truly serve as a model for other state legislatures as they look for an equity-centric approach to legalize and regulate recreational cannabis,” stated Rep. Jehan Gordon-Booth (D-Peoria). “The communities that have suffered through the war on drugs will now have an opportunity to enter a new market and be successful. This is nothing short of a landmark moment for criminal justice reform in the state of Illinois that took years to reach. I thank my colleagues in both chambers for making today a reality.”
“One of the things that we wanted to make sure we accomplished with legalization was ensuring we put social equity at the center and the heart of our efforts, acknowledging that while we normalize and legalize something that is happening across the country, that we tie the direct nexus to the communities that the prohibition has hurt the most,” stated Sen. Toi Hutchinson (D-Chicago Heights).
“Legalizing cannabis and ushering in the expungement of 700,000 records will bring justice to the communities that have been hardest hit by its senseless prohibition,” stated Rep. Celina Villanueva (D-Chicago). “This monumental step forward shows what’s possible when public policy is centered around equity in every step of the way. After years of hard work, I’m proud that Illinois will lead the nation in bringing justice and fairness to the cannabis marketplace.”
“Today is an affirmation of individual liberty. Adult use of cannabis should be a personal choice,” stated Rep. David Welter (R-Morris). “Beyond that, I am proud of our commitment that 20% of the revenue generated by legalization will go toward funding for mental health and substance abuse services in Illinois. An additional 10% will go to pay down the state’s backlog of unpaid bills; which directly benefits hospitals, health care and social service providers in every community across the state.”
“My office is proud to have helped develop this historic legislation, which will provide conviction relief to hundreds of thousands of Illinois residents in the most extensive and equitable way possible,” stated Prepare dinner County State’s Lawyer Kim Foxx. “The time for justice is now, especially for communities of color who have long been disproportionately impacted by low-level cannabis convictions and the failed war on drugs. We look forward to continuing our efforts to ensure the broadest relief possible under this revolutionary law.”
“This legislation recognizes that to move forward and create a new cannabis industry, we have to mend the historic inequalities that have torn communities apart,” stated Esther Franco-Payne, government director of Cabrini Inexperienced Authorized Assist. “Expunging the records of hundreds of thousands of people and making social equity at the center of this bill will change lives and revitalize communities. Cabrini Green Legal Aid thanks Governor Pritzker for his leadership and members of the General Assembly who made this day possible.”
ACHIEVING EQUITY THROUGH OWNERSHIP AND LICENSURE
- Creates a $30 million low-interest mortgage program to defray the start-up costs related to getting into the licensed hashish business.
- Establishes a “social equity applicant” standing for licensing.
- Designates 20% of the whole factors for qualifying candidates to acquire a license for a dispensary, cultivation middle, infuser, craft grower or transporting organization.
- Waives 50% of non-refundable license charges.
- Permits 180 days from the license award date to determine a physical location for the dispensary, decreasing up-front costs.
- Limits possession to three cultivation facilities or craft grow amenities or 10 dispensaries.
- Dedicates a portion of sales in early approval amenities to a hashish enterprise improvement fund.
INVESTING IN COMMUNITIES THAT SUFFERED THROUGH THE WAR ON DRUGS
- Establishes the Restore, Reinvest and Renew (R3) Grant Program to tackle the influence of economic disinvestment, violence, and the historic overuse of the felony justice system.
- 25% of state hashish revenue can be transferred to the Felony Justice Info Tasks Fund to help the R3 program.
PROVIDING RELIEF FOR MINOR VIOLATIONS OF THE CANNABIS CONTROL ACT
- Roughly 700,000 data are eligible for expungement beneath the Cannabis Regulation and Tax Act.
- Approximately 405,000 data are eligible for automated expungement or the clemency course of.
- Class 1: Native regulation enforcement and ISP will mechanically expunge arrests not leading to a conviction for possession and manufacture or possession with intent to ship for up to 30 grams.
- Category 2: Governor will grant pardons authorizing expungement for convictions for possession and manufacture or possession with intent to deliver for up to 30 grams.
- A further 302,000 are eligible for the motion to vacate course of.
- Category 3: People and State’s Attorneys might file motions with courts to vacate convictions for possession up to 500 grams.
- Exclusions: If the cannabis offense was related to a violent crime it’s ineligible for the automated expungement processes, but the person (or State’s Lawyer) can still file movement with the courtroom to vacate conviction.
PUBLIC HEALTH AND SAFETY
Starting January 1, 2020, adults over 21 will probably be in a position to legally purchase hashish for recreational use from licensed dispensaries throughout the state. The new regulation takes a number of steps to shield public health and safety of all Illinoisans.
- Possession limit for Illinois residents:
- 30 grams of hashish flower;
- 5 grams of hashish concentrate; and
- Not more than 500 milligrams of THC contained in a cannabis-infused product; and
- Registered sufferers in the medical cannabis pilot program might possess more than 30 grams of cannabis if it is grown and secured in their residence beneath sure circumstances.
- Possession limit for non-Illinois residents:
- 15 grams of cannabis flower;
- 2.5 grams of hashish; and
- No more than 250 milligrams of THC contained in a cannabis-infused product.
- 20% of state cannabis revenue will help efforts to handle substance abuse and prevention and psychological well being.
- Established a DUI Cannabis Process Pressure.
- Regulates advertising, packaging and site of hashish companies close to public spaces, together with faculties and parks.
- Permits native governments to regulate the situation of a hashish enterprise and home grow.
- Residence develop limited to individuals of the Compassionate Use of Medical Cannabis Pilot Program, and caps to 5 crops per family.
The taxation construction is competitive with other states and seeks to increase income to promote fairness whereas also eliminating the black market.
- •Cultivation privilege tax:
- 7% of the gross receipts from the sale of cannabis by a cultivator or a craft grower to a shelling out group
- Cannabis purchaser excise tax:
- 10% of the purchase worth – Cannabis with a THC degree at or under 35%
- 20% of the acquisition worth – All cannabis infused products
- 25% of the purchase worth – Cannabis with a THC degree above 35%
- This tax shouldn’t be imposed on hashish that’s subject to tax beneath the Compassionate Use of Medical Cannabis Pilot Program Act.
ALLOCATION OF STATE REVENUE
The Illinois Division of Income tasks that this business will generate over $57 million in tax revenue and licensing charges in FY20 and, in tax revenue alone, $140.5 million in FY21, $253.5 million in FY22, $323.5 million in FY23, and $375.5 million in FY24.
- Minus administrative costs, the remaining state income shall be allocated as follows:
- 35% for the Basic Income Fund,
- 25% for the Felony Justice Info Tasks Fund to help the R3 program,
- 20% for the Department of Human Providers Group Providers Fund to handle substance abuse and prevention and mental health considerations,
- 10% for the Price range Stabilization Fund to pay the backlog of unpaid bills,
- eight% for the Local Government Distributive Fund to help crime prevention packages, training, and interdiction efforts, together with detection, enforcement, and prevention efforts, relating to the unlawful hashish market and driving beneath the affect of cannabis, and
- 2% for the Drug Remedy Fund to fund public schooling marketing campaign and to help knowledge assortment and analysis of the public health impacts of legalizing the leisure use of hashish.
Summary of HB 1438 The Cannabis Regulation and Tax Act
Tags: 2019 Legislation, Celina Villanueva, David Welter, Heather Steans, IL HB 1438, Illinois marijuana legalization, J.B. Pritzker, Jehan Gordon-Sales space, Juliana Stratton, Kelly Cassidy, Kim Foxx, The Cannabis Regulation and Tax Act (CRTA), Toi Hutchinson