With the Senate’s passage of HB 1438, the Cannabis Regulation and Tax Act (“Cannabis Act”), just over a year ago, Illinois became one of the 11 states that permit both recreational and medical marijuana use. HB 1438 was passed by the Illinois House and subsequently signed into law by Governor Pritzker (click here to view the full text. Since then, the big question for condominium board members, unit owners, and property managers has been how to deal with the inevitable nuisance and second-hand smoke complaints.
The good news is that the Cannabis Act included an amendment to the Illinois Condominium Property Act (ILCPA) that adds a new section specifically related to marijuana use. The language of the new Section 33 of ILCPA is as follows:
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.