Jun 27, 2019

Passage of the Cannabis Regulation and Tax Act

Illinois Condominium Associations have six months to prepare for legalization of adult-use cannabis. On June 25, 2019, Governor Pritzker signed the Cannabis Regulation and Tax Act (CRTA) into law legalizing the adult use of cannabis in Illinois, starting Jan. 1, 2020. The CRTA includes a provision of special importance to Condominium Associations, creating a new section of the Condominium Property Act to specifically authorize Condominium Associations to ban smoking of cannabis products on Association grounds – including within a Unit Owner's Unit. This section of the CRTA became effective on June 25, 2019.

What this means is that Condominium Boards have a six-month window to amend declarations or pass rules and regulations governing the use of cannabis both within Units (limited to smoking) and in the Common Elements.

Here is the relevant statutory text:
(765 ILCS 605/33 new)

Sec. 33. Limitations on the use of smoking cannabis. The condominium instruments of an association may prohibit or limit the smoking of cannabis, as the term "smoking" is defined in the Cannabis Regulation and Tax Act, within a unit owner's unit. The condominium instruments and rules and regulations shall not otherwise restrict the consumption of cannabis by any other method within a unit owner's unit, or the limited common elements, but may restrict any form of consumption on the common elements.

The CRTA defines “smoking” as “inhalation of smoke caused by the combustion of cannabis.” Thus, while the CRTA gives Illinois Condominium Associations broad discretion to ban “smoking” of cannabis within the Association property and to ban the use of cannabis products on the Common Elements, Unit Owners are otherwise free to use cannabis products within their Units or assigned limited Common Elements. Ironically, while the CRTA amends the Condominium Property Act to address this new potential nuisance, there is no similar statute related to the smoking of cigarettes within the Units.

Illinois Condominium Associations have six months to prepare for this substantial change in Illinois Law. Chuhak & Tecson’s Condominium & Common Interest Community Association Practice Group attorneys are available to assist with questions concerning compliance with the CRTA and its impact on Condominium and Common Interest Associations in Illinois.    

This Chuhak & Tecson, P.C. communication is intended only to provide information regarding developments in the law and information of general interest. It is not intended to constitute advice regarding legal problems and should not be relied upon as such.

Client alert authored by:
David J. Bloomberg, Principal and Adam K. Bettie, Associate