Illinois Cannabis Law Adds New Section 33 to Illinois Condominium Property Act

On June 25, 2019, the Illinois Cannabis Regulation and Tax Act was signed into law. The Cannabis Act legalizes the use of cannabis for recreational purposes in Illinois effective January 1, 2020. The Cannabis Act also adds a new Section 33 to the Illinois Condominium Property Act. Section 33, which applies only to condominium associations, states as follows:

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 Cannabis Act defines “smoking” as “the inhalation of smoke caused by the combustion of cannabis.”

Under Section 33, a condominium association may prohibit the smoking of cannabis within units only by amending the association’s recorded declaration and bylaws. Condominium associations may not prohibit cannabis consumption by methods other than combustion within units. Condominium associations may restrict cannabis consumption in any form on the general common elements via the adoption of rules and regulations. Section 33 became effective on June 25, 2019.