HB 1

Abstract

Creates the Compassionate Use and Research of Entheogens Act. Establishes the Illinois Psilocybin Advisory Board within the Department of Public Health for the purpose of advising and making recommendations to the Department regarding the provision of psilocybin and psilocybin services. Provides that the Department shall begin receiving applications for the licensing of persons to manufacture or test psilocybin products, operate service centers, or facilitate psilocybin services. Contains licensure requirements and prohibitions. Provides that a licensee or licensee representative may manufacture, deliver, or possess a psilocybin product. Provides that the Department may obtain, relinquish, or dispose of psilocybin products to ensure compliance with and enforce the Act and rules adopted under the Act. Creates the Psilocybin Control and Regulation Fund and the Illinois Psilocybin Fund and makes conforming changes in the State Finance Act. Requires the Department of Agriculture, the Illinois Liquor Control Commission, and the Department of Revenue to perform specified duties. Contains provisions concerning rulemaking; taxes; fees; zoning; labeling; and penalties. Preempts home rule powers. Contains other provisions. Amends the Criminal Identification Act. Provides that specified records shall be expunged prior to (i) January 1, 2024 (rather than January 1, 2023) and (ii) January 1, 2026 (rather than January 1, 2025). Provides for expungement of specified records concerning the possession of psilocybin and psilocin. Amends the Illinois Controlled Substances Act. Removes psilocybin and psilocin from the list of Schedule I controlled substances. Amends the Illinois Independent Tax Tribunal Act of 2012. Provides that the Tax Tribunal shall have original jurisdiction over all determinations of the Department of Revenue reflected on specified notices issued under the Compassionate Use and Research of Entheogens Act. Effective immediately. Pension Note (Government Forecasting & Accountability) HB 0001 will have no fiscal impact upon any public pension fund or retirement system in the State of Illinois. State Debt Impact Note (Government Forecasting & Accountability) HB 0001 would not change the amount of authorization for any type of Stateissued bond, and, therefore, would not affect the level of State indebtedness. Judicial Note (Admin Office of the Illinois Courts) Based on a review of HB0001, the legislation would not increase or decrease the number of judges needed in the state of Illinois. Housing Affordability Impact Note (Housing Development Authority) This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence. Home Rule Note (Dept. of Commerce & Economic Opportunity) HB 0001 does pre-empt home rule authority. State Mandates Fiscal Note (Dept. of Commerce & Economic Opportunity) This bill will not create a State mandate. Fiscal Note (Dept. of Public Health) Expenditures expected for the Illinois Department of Public Health based on the provisions of HB0001 would be $18 million. This includes the required personnel and licensing portal for this program. Balanced Budget Note (Office of Management and Budget) Please be advised that the Balanced Budget Note Act does not apply to House 0001, as it is not a supplemental appropriation that increases or decreases appropriations. Under the Act, a balanced budget note must be prepared only for bills that change a general funds appropriation for the fiscal year in which the new bill is enacted.