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Wednesday, June 9, 2021

Bills Would Amend Land Use and Other Regulatory Statutes

The Illinois General Assembly sent a couple of bills that deal with land use and other regulator issues to the Governor this legislative session.

Residential Gardens

HB 0633 would, if sinto law, establish the "Garden Act" to create a right to cultivate gardens on residential property for growing vegetables, herbs, fruits, flowers, and other edible plants. The bill proposes to restrict the power of a home rule unit of local government to prohibit vegetable gardens but would not prevent public bodies from regulating the height, setbacks, water use, and similar elements of the gardens so long as the regulations do not preclude gardens.


HB 1443, if signed by the Governor, would amend the Compassionate Use of Medical Cannabis Program Act and the Cannabis Regulation and Tax Act to, among other things, allow the relocation of medical cannabis dispensaries that were proposed for sites within areas that prohibit cannabis retail sites to sites within the same geographic district, subject to municipal approvals. These relocation plans would remain subject to local ordinances that prohibit or regulate adult-use cannabis establishments. The amendments also clarify procedures for the license allocation lotteries and create over 100 new conditional adult-use dispensary licenses to be allotted via two new lottery systems. The first lottery would be based solely on region, and the other lottery would be awarded according to state social justice and equity goals to provide opportunities for communities and individuals with economic difficulties.


One bill that has already been signed into legislation is SB 0104 (now known as P.A. 102-008) which amended the Liquor Control Act of 1934 to extend the provisions passed last year allowing retail liquor licensees to sell cocktails, mixed drinks, and single servings of wine via curbside pickup or delivery to customers of the licensee’s establishment. These provisions apply only to the sale or delivery of to-go alcoholic drinks by employees of the liquor license holder and does not regulate the delivery of these drinks by third-party services such as UberEats or GrubHub. Under this bill, between June 10 and July 10, 2021, an establishment with a liquor license cam offer a free drink to a customer who shows proof of their participation in a vaccination program from 6:00 PM until 10:00 PM. The new law restricts the amount of alcohol provided at no charge through these promotions, allowing only for one drink of alcohol with standard volumes explicitly provided for in the text. This law is scheduled for repeal in January 2024. 

Post Authored by Erin Monforti & Julie Tappendorf, Ancel Glink


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