The legalization of marijuana in the State of Illinois as of January 1, 2020 is a hot topic, and it will affect many aspects of living in Chicago. Not surprisingly, it could also affect building operations, and many HOAs are discussing how to address these changes. 

The main thing HOAs may be concerned about is the consumption of marijuana within the building and the nuisance this may create for other residents. 

Among other things, the Cannabis Regulation and Tax Act and the Cannabis Control Act amends the Illinois Condominium Property Act (“ICPA”). The newly added section 33 of the Act addresses how condominiums can regulate smoking and consumption of cannabis, stating:

“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.”

Effectively, associations should be able to control cannabis consumption within the units themselves using this specific tools above.

In addition to that, associations may want to considering adopting rules or amendments that regulate: 

  • Smoking of tobacco and cannabis in any of the building’s common elements
  • Other forms of consumption, such as vaping, and ingesting edibles
  • Second hand smoke within the units, in the common elements, and even within a certain number of feet of building entrances and the building exterior

Have questions about how to cover your bases when it comes to the new marijuana law? Don’t hesitate to reach out to us.

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