104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB0042
 
Introduced 1/13/2025, by Sen. Rachel Ventura
 
SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/11-502.1
625 ILCS 5/11-502.15
    Amends the Illinois Vehicle Code. Removes the requirement that cannabis within any area of a motor vehicle must be in an odor-proof container. Provides that if a motor vehicle is driven or occupied by an individual 21 years of age or over, a law enforcement officer may not stop or detain the motor vehicle or its driver nor inspect or search the motor vehicle, the contents of the motor vehicle, or the operator or passenger of the motor vehicle solely based on the odor of burnt or raw cannabis.


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A BILL FOR
 
SB0042LRB104 06323 LNS 16358 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by 
5changing Sections 11-502.1 and 11-502.15 as follows:
 
6    (625 ILCS 5/11-502.1)
7    Sec. 11-502.1. Possession of medical cannabis in a motor 
8vehicle.
9    (a) No driver, who is a medical cannabis cardholder, may 
10use medical cannabis within the passenger area of any motor 
11vehicle upon a highway in this State.
12    (b) No driver, who is a medical cannabis cardholder, a 
13medical cannabis designated caregiver, medical cannabis 
14cultivation center agent, or dispensing organization agent may 
15possess medical cannabis within any area of any motor vehicle 
16upon a highway in this State except in a secured, sealed or 
17resealable, odor-proof, and child-resistant medical cannabis 
18container that is inaccessible.
19    (c) No passenger, who is a medical cannabis card holder, a 
20medical cannabis designated caregiver, or medical cannabis 
21dispensing organization agent may possess medical cannabis 
22within any passenger area of any motor vehicle upon a highway 
23in this State except in a secured, sealed or resealable, 
 
 
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1odor-proof, and child-resistant medical cannabis container 
2that is inaccessible.
3    (d) Any person who violates subsections (a) through (c) of 
4this Section:
5        (1) commits a Class A misdemeanor;
6        (2) shall be subject to revocation of his or her 
7    medical cannabis card for a period of 2 years from the end 
8    of the sentence imposed; and 
9        (3) shall be subject to revocation of his or her 
10    status as a medical cannabis caregiver, medical cannabis 
11    cultivation center agent, or medical cannabis dispensing 
12    organization agent for a period of 2 years from the end of 
13    the sentence imposed. 
14(Source: P.A. 101-27, eff. 6-25-19; 102-98, eff. 7-15-21; 
15102-558, eff. 8-20-21.)
 
16    (625 ILCS 5/11-502.15)
17    Sec. 11-502.15. Possession of adult use cannabis in a 
18motor vehicle.
19    (a) No driver may use cannabis within the passenger area 
20of any motor vehicle upon a highway in this State.
21    (b) No driver may possess cannabis within any area of any 
22motor vehicle upon a highway in this State except in a secured, 
23sealed or resealable, odor-proof, child-resistant cannabis 
24container that is inaccessible.
25    (c) No passenger may possess cannabis within any passenger 
 
 
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1area of any motor vehicle upon a highway in this State except 
2in a secured, sealed or resealable, odor-proof, 
3child-resistant cannabis container that is inaccessible.
4    (d) Any person who knowingly violates subsection (a), (b), 
5or (c) of this Section commits a Class A misdemeanor.
6    (e) If a motor vehicle is driven or occupied by an 
7individual 21 years of age or over, a law enforcement officer 
8may not stop or detain the motor vehicle or its driver nor 
9inspect or search the motor vehicle, the contents of the motor 
10vehicle, or the operator or passenger of the motor vehicle 
11solely based on the odor of burnt or raw cannabis. 
12(Source: P.A. 101-27, eff. 6-25-19; 102-98, eff. 7-15-21.)