As presented by the Association’s law firm Kovitz, Shifrin and Nesbit

5 Things a Landlord [and Everyone] Should Know About Recreational Cannabis in Illinois

Posted by Kovitz Shifrin Nesbit on November 21, 2019

(IMPORTANT NOTE: This article is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By reading this article you understand that there is no attorney client relationship between you and the article author. This article should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. © 2019 Kovitz Shifrin Nesbit, A Professional Corporation.)

On Tuesday, June 25, Illinois Governor JB Pritzker signed the Cannabis Regulation and Taxation Act (CRTA) into law. While the CRTA won’t take effect until January 1, 2020, landlords and property managers should start planning now for issues that may arise with their tenants.

This article will review the five items landlords [and everyone] should know about recreational cannabis use and restrictions in Illinois.

POSSESSION

Illinois residents 21 years or older will be able to purchase up to:

30 grams of cannabis flower
edibles totaling 500mg of THC
five grams of concentrated THC products

Visitors to Illinois will be able to purchase half those amounts.

PUBLIC USE

It will be illegal to smoke or consume cannabis*:

in a public place
in a motor vehicle
on school grounds
near an individual under 21 years of age
near an on-duty school bus driver, police officer, firefighter, or corrections officer

*Registered qualifying patients under the Compassionate Use of Medical Cannabis Pilot Program Act, are granted certain exceptions for possession volume and cultivation of cannabis (ex. possession on school grounds and/or possession by or in proximity to a minor.)

Further, the CRTA does not permit any person to smoke cannabis in any place where smoking is already prohibited under the Smoke Free Illinois Act, such as restaurants, retail stores, offices, etc.

PRIVATE USE

Business owners, property owners, and landlords are free to prohibit recreational cannabis use on their privately-owned property.

Like tobacco smoke, secondhand cannabis smoke will likely result in complaints by tenants and neighbors. Landlords can continue to adopt a “smoke free housing” policy and prohibit smoke of any kind inside of their properties.

For those landlords renting condominium units, keep in mind that the CRTA amended the Illinois Condominium Property Act (ICPA), adding a new section on the smoking and consumption of cannabis. For more on those changes, check out “The New “Reefer Madness”: Is Your Association Ready for the Legalization of Recreational Marijuana in Illinois?”.

GROWING CANNABIS

Only an Illinois resident 21 years of age or older who is a registered qualifying patient under the Compassionate Use of Medical Cannabis Pilot Program Act may cultivate cannabis plants, with certain restrictions.

However, the CRTA states that cannabis cultivation may occur only on residential property lawfully in possession of the cultivator, or with the consent of the person in lawful possession of the property. As such, the property owner or landlord may prohibit the cultivation of cannabis by a tenant.

UNCHARTED TERRITORY

Recreational cannabis is uncharted territory in Illinois. Addressing issues related to the possession and consumption of cannabis will be an evolutionary process for legislators, attorneys, and especially landlords and property managers.

Proactively reviewing leases and updating rules in advance of January 1 will go a long way to ensure that tenants are clear on the landlord’s expectations, thereby mitigating conflict.

To review this article from the original source, Click Here

Park Tower Owners and Residents

From PTCA Management:

“OMG!! I smell marijuana smoke in my hallway and home. What can I do??” 

The Association’s Rules and Regulations, consistent with other governing documents such as the Declaration & Bylaws and the Illinois Condominium Property Act, do protect neighbors from disturbances such as smoke from cannabis products.

From Page 28 of the Rules & Regulations:

“DISTURBANCES

In consideration of and cooperation with others in the Park Tower community, residents shall not disturb or interfere with the comforts, rights, safety and quiet enjoyment of other owners, residents and their guests. Disruptive activity shall not be carried out within any residential unit or in the common elements, which may be or become an annoyance or nuisance to the other owners or occupants. While the proximity of the units to each other makes it impossible to filter all noise and activity between the units, any disturbance or activity which would in the sole and absolute discretion of the association be reasonably likely to annoy or disturb other residents is strictly prohibited. Examples of a disturbance include but are not limited to: cigarette smoke, cooking and other noxious odors; domestic disputes; excessive volume caused by a musical instrument, radio, stereo, television or other equipment; social gatherings; and vibrations.

Any complaints should be directed to the management office or the building staff responsible for addressing the problem. If a disturbance is not resolved with the assistance of the management or building staff, local enforcement authorities will be contacted.”

From Page 39 of the Rules & Regulations:

“SMOKING

The release of smoke and other toxic gases and particles from cigarettes, electronic cigarettes, marijuana, and other tobacco products used in an individual unit that permeates any other unit or the common elements is hereby classified as a noxious or offensive activity pursuant to Paragraph 11(g) of the Declaration.”

So you smell smoke? Find out more about how the Park Tower Team and Board of Directors can help, Click Here