CNI heather steans
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SPRINGFIELD — Some of the lead negotiators of the law to legalize recreational marijuana in Illinois are seeking to provide clarity on a provision that gives local municipalities control over which facilities, if any, would be authorized to allow cannabis consumption.

The topic is at the top of the discussion list for potential follow-up legislation, commonly referred to as a trailer bill, which could be heard when the General Assembly returns for veto session in late October, the original bill’s Senate sponsor said.

That senator is Heather Steans, D-Chicago, who said it is “certainly not the intent” of House Bill 1438, which legalized recreational marijuana, to allow consumption at public places such as restaurants.

“If we need any clarification to make that crystal clear, we will do that,” Steans said. “We know we’ll be doing something along those lines, most likely.”

While the bill prohibits “smoking cannabis in any place where smoking is prohibited under the Smoke Free Illinois Act,” mitigating language appears in Section 55-25 of the more-than-600-page bill.

It reads: “A unit of local government… may regulate the on-premises consumption of cannabis at or in a cannabis business establishment within its jurisdiction in a manner consistent with this act. A cannabis business establishment or other entity authorized or permitted by a unit of local government to allow on-site consumption shall not be deemed a public place within the meaning of the Smoke Free Illinois Act.”

That language means local municipalities have the right to exempt certain facilities from the Smoke Free Illinois Act, which otherwise bans smoking in virtually all public places.

Deputy Gov. Christian Mitchell, who was one of the leading forces in Gov. J.B. Pritzker’s administration in negotiating the bill, said the local control over social-use language was put in place to prevent “de facto prohibition” of cannabis consumption for apartment dwellers who, if their landlord banned consumption, would conceivably have no place to legally partake.

While the bill clearly defines a cannabis business establishment as any licensed “cultivation center, craft grower, processing organization, dispensing organization or transporting organization,” exactly which other entities a local government can exempt from the Smoke Free Illinois Act is not clearly defined.

Mitchell said discussions of public use generally revolved around the establishment of facilities similar to cigar lounges, which have legal exemptions in the Smoke Free Illinois Act to allow for tobacco consumption on their premises.

“That’s the context in which I’ve seen it contemplated. The restaurant context isn’t one that came up,” he said. “But I imagine with the Smoke Free Illinois Act, that would probably be more problematic.”

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