Section 1000.10  Definitions and Incorporations

 

Definitions for this Part can be located in Section 10 of the Compassionate Use of Medical Cannabis Pilot Program Act [410 ILCS 130/10].  The following definitions shall also apply to this Part:

 

"Act" means the Compassionate Use of Medical Cannabis Pilot Program Act [410 ILCS 130].

 

"Adequate supply" means 2.5 ounces of usable cannabis during a period of 14 days and that is derived solely from an intrastate source. The pre-mixed weight of medical cannabis used in making a cannabis-infused product shall apply toward the limit on the total amount of medical cannabis a registered qualifying patient may possess at any one time. [410 ILCS 130/10(a)]

 

"Alterations" means permanent changes in activities or processes at a cultivation center, or changes in production, handling or storage of the product mix, that do not modify the efficiency of facility structures or systems.

 

"Applicant" means any corporation, limited liability company, association or partnership, limited liability partnership, or one or more individuals, principal officers, agency, business trust, estate, trust, or any other legal entity that is applying with the Illinois Department of Agriculture for a cultivation center permit under the Act.

 

"Area zoned for residential use" means an area zoned exclusively for residential use; provided that, in municipalities with a population over 2,000,000 people, "an area zoned for residential use" means an area zoned as a residential district or a residential planned development.

 

"Batch" means the established segregation of a group of plants at the time of planting for the control of quantity, traceability and/or strain.  A batch number will be assigned at the time of planting for a specified number of plants.  When plants reach 18 inches in height, a specific number will be assigned for each plant within that batch.  The batch number will remain with the segregated plants through harvest to final packaging.  The batch number will be included on the label of the package distributed for the end user.

 

"Batch number" means a unique numeric or alphanumeric identifier assigned to a batch by a cultivation center when the batch is first planted.  The batch number shall contain the facility number and a sequence to allow for inventory and traceability.

 

"Biosecurity" means a set of preventative measures designed to reduce the risk of transmission of infectious diseases in crops, quarantined pests, invasive alien species, and living modified organisms.

 

"Cannabis" means marijuana, hashish and other substances which are identified as including any parts of the plant Cannabis sativa and including any and all derivatives or subspecies, such as Indica, of all strains of cannabis, whether growing or not; the seeds thereof, the resin extracted from any part of such plant; and any compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or resin, including tetrahydrocannabinol (THC) and all other cannabinol derivatives, including its naturally occurring or synthetically produced ingredients, whether produced directly or indirectly by extraction, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis; but shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of such plant which is incapable of germination. (Section 3 of the Cannabis Control Act)

 

"Cannabis concentrate" means a product derived from medical cannabis that is produced by extracting cannabinoids from the plant through the use of propylene glycol, glycerin, butter, olive oil or other typical cooking fats; water, ice or dry ice; or butane, propane, CO₂, ethanol or isopropanol. The use of any other solvent is expressly prohibited unless and until it is approved by the Department.

 

"Cannabis plant monitoring system" means a system that includes, but is not limited to, testing and data collection established and maintained by the registered cultivation center and available to the Department for the purposes of documenting each cannabis plant and for monitoring plant development throughout the life cycle of a cannabis plant cultivated for the intended use by a qualifying patient from seed planting to final packaging. [410 ILCS 130/10(c)]

 

"Cannabis product" means a product containing medical cannabis either in a physical form or infused with an extracted resin.

 

"Cannabis waste" means any part of the plant that is not usable cannabis, or cannabis that cannot be processed as provided in Section 1000.510(d)(2).

 

"Child-resistant" means special packaging that is:

 

designed or constructed to be significantly difficult for children under five years of age to open and not difficult for normal adults to use properly as defined by 16 CFR 1700.20 (1995) and ASTM classification standard D3475-14, http://www.astm.org/Standards/D3475.htm. This incorporation by reference does not include any later amendments or editions. The Department maintains copies of the applicable federal regulation and ASTM classification standard, that are available to the public;

 

closable for any product intended for more than a single use or containing multiple servings; and

 

labeled properly as required by Section 1000.420.

 

"Clone" means a plant section from a female cannabis plant not yet root-bound, growing in a water solution or other propagation matrix, that is capable of developing into a new plant.

 

"Crop input" means any substance that is used by a producer for the production of medical cannabis.  This may include pesticides as defined by the Illinois Pesticide Act or the American Association of Pesticide Control Officials, fertilizers as defined by the Illinois Commercial Fertilizer Act of 1961 or the American Association of Plant Food Officials, and soil amendments as defined by the Soil Amendment Act; 

 

"Cultivation center" means a facility operated by an organization or business that is registered by the Department of Agriculture to perform necessary activities to provide only registered medical cannabis dispensing organizations with usable medical cannabis. [410 ILCS 130/10(e)]

 

"Cultivation center agent" means a principal officer, board member, employee, or agent of a registered cultivation center who is 21 years of age or older and has not been convicted of an excluded offense. [410 ILCS 130/10(f)]

 

"Cultivation center agent-in-charge" or "agent-in-charge" means the cultivation center agent who has been designated by the cultivation center to have control and management over the day to day operations of the cultivation center.  A cultivation center may designate more than one agent-in-charge to cover varying operational work shifts, but may only have one per work shift.

 

"Cultivation center agent identification card" means a document issued by the Department of Agriculture that identifies a person as a cultivation center agent. [410 ILCS 130/10(g)]

 

"Cultivation center agent-in-charge identification card" means a document issued by the Department of Agriculture that identifies a cultivation center agent as an agent-in-charge.

 

"DD214" means a certified DD214 Certificate of Separation or Release from Active Duty Member Copy 4 or State Director of Veterans' Affairs Copy 6; a certified DD214 Report of Separation from Active Duty 2; or equivalent certified document indicating character of service and dates of service.  A DD214 can be certified by the State Department of Veterans' Affairs, county veterans' officials, and the federal Department of Veterans Affairs.

 

"Department" means the Illinois Department of Agriculture.

 

"DFPR" means the Illinois Department of Financial and Professional Regulation.

 

"DPH" means the Illinois Department of Public Health.

 

"Disqualifying conviction" means conviction of an excluded offense.

 

"Enclosed, locked facility" means a room, greenhouse, building, or other enclosed area equipped with locks or other security devices that permit access only by a cultivation center's agents or a dispensing organization's agent working for the registered cultivation center or the registered dispensing organization to cultivate, store, and distribute cannabis for registered qualifying patients. [410 ILCS 130/10(k)]

 

"Excluded offense" means:

 

a violent crime defined in Section 3 of the Rights of Crime Victims and Witnesses Act or a substantially similar offense that was classified as a felony in the jurisdiction where the person was convicted; or

 

a violation of a state or federal controlled substance law that was classified as a felony in the jurisdiction where the person was convicted, except that the Department may waive this restriction if the person demonstrates to the Department's satisfaction that his or her conviction was for the possession, cultivation, transfer, or delivery of a reasonable amount of cannabis intended for medical use.

 

This exception does not apply if the conviction was under state law and involved a violation of an existing medical cannabis law. [410 ILCS 130/10(l)]

 

"Facility" shall refer to the permitted physical structures associated with the cultivation center.

 

"Financial interest" means any actual or future right to ownership, investment or compensation arrangement with another person, either directly or indirectly, through business, investment, spouse, parent or child, in a cultivation center. Financial interest does not include ownership of investment securities in a publicly-held corporation that is traded on a national securities exchange or over-the-counter market in the United States, provided the investment securities held by the person and the person's spouse, parent or child, in the aggregate, do not exceed one percent ownership in the cultivation center.

 

"Fingerprint-based criminal history records check" means a fingerprint-based criminal history records check conducted by the Department of State Police in accordance with the Uniform Conviction Information Act (UCIA) or 20 Ill. Adm. Code 1265.30 (Electronic Transmission of Fingerprint Requirements).

 

"Flower" means the gametophytic or reproductive state of cannabis in which the plant is in a light cycle intended to produce flowers, trichromes and cannabinoids characteristic of cannabis.

 

"Immature plant" means a nonflowering cannabis plant that has an established root structure.

 

"ISP" means the Illinois Department of State Police.

 

"Label" means a display of written, printed or graphic matter on the immediate container of any product containing cannabis;

 

"Laboratory" means an independent laboratory located in Illinois and approved by the Department to have custody and use of controlled substances for scientific and medical purposes and for purposes of instruction, research or analysis.

 

"Livescan" means an inkless electronic system designed to capture an individual's fingerprint images and demographic data (name, sex, race, date of birth, etc.) in a digitized format that can be transmitted to ISP for processing. The data is forwarded to the ISP Bureau of Identification (BOI) over a virtual private network (VPN) and then processed by ISP's Automated Fingerprint Identification System (AFIS). Once received at the BOI for processing, the inquiry may, as permitted by law, be forwarded to the Federal Bureau of Investigation (FBI) electronically for processing.

 

"Livescan vendor" means an entity licensed by the Department of Financial and Professional Regulation to provide commercial fingerprinting services under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004.

 

"Manufacturing" or "manufacture" means the process of converting harvested cannabis material into a finished product by manual labor and/or machinery designed to meet a specific need or customer expectation, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis.

 

"Medical cannabis" means cannabis and its constituent cannabinoids, such as tetrahydrocannabinol (THC) and cannabidiol (CBD), used as an herbal remedy or therapy to treat disease or alleviate symptoms. Medical cannabis can be administered in a variety of ways, including, but not limited to: vaporizing or smoking dried buds; using concentrates; administering tinctures or tonics; applying topicals such as ointments or balms; or consuming medical cannabis infused products.

 

"Medical cannabis cultivation center registration" means a registration issued by the Department of Agriculture. [410 ILCS 130/10(m)]

 

"Medical cannabis container" means a sealed, traceable, food compliant, tamper resistant, tamper evident container, or package used for the purpose of containment of medical cannabis from a cultivation center to a dispensing organization. [410 ILCS 130/10(n)]

 

"Medical cannabis dispensing organization" or "dispensing organization" or "dispensary organization" or "dispensary" means a facility operated by an organization or business that is registered by the Department of Financial and Professional Regulation to acquire medical cannabis from a registered cultivation center for the purpose of dispensing cannabis, paraphernalia, or related supplies and educational materials to registered qualifying patients. [410 ILCS 130/10(o)]

 

"Medical cannabis dispensing organization agent" or "dispensing organization agent" means a principal officer, board member, employee, or agent of a registered medical cannabis dispensing organization who is 21 years of age or older and has not been convicted of an excluded offense. [410 ILCS 130/10(p)]

 

"Medical cannabis-infused product" means food, oils, ointments, sodas, teas, capsules or other products containing usable cannabis that are not smoked. [410 ILCS 130/10(q)]  Only the portion of any cannabis-infused product that is attributable to cannabis shall count toward the possession limits of the dispensary and the patient.

 

"Medical use" means the acquisition; administration; delivery; possession; transfer; transportation; or use of cannabis to treat or alleviate a registered qualifying patient's debilitating medical condition or symptoms associated with the patient's debilitating medical condition. [410 ILCS 130/10(r)]

 

"Modification" means changes in structures, processes or activities at a cultivation center that will alter the efficiency of production structures, processing systems, and/or changes in capacity within the center.

 

"Monitoring" means the continuous and uninterrupted video surveillance of cultivation activities and oversight for potential suspicious actions.  Monitoring through video surveillance includes the purpose of summoning a law enforcement officer to the premises during alarm conditions.  The Department and ISP or law enforcement agencies designated by ISP shall have the ability to access a cultivation center's monitoring system in real-time via a secure web-based portal.

 

"Motor vehicle" means a self-propelled vehicle as defined in Section 1-146 of the Illinois Vehicle Code.

 

"Natural processing" or "naturally produced" means the preparation of the harvested cannabis without significantly changing its physical form.

 

"Operational and Management Practices Plan" means a narrative description of all practices that will be employed at the facility for the production of medical cannabis and medical cannabis-infused products.  The plan shall include but is not limited to:

 

the types and quantities of medical cannabis products that will be produced at the facility;

 

the methods of planting (seed or clones), harvesting, drying and storage of medical cannabis;

 

the estimated quantity of waste material to be generated and plans for subsequent disposal;

 

the quantity and proposed method for disposal for all crop inputs utilized for plant production;

 

methods for training employees for the specific phases of production;

 

biosecurity measures to be implemented for plant production and edible infused product production;

 

planned response to discrepancies in accounting of product inventories;

 

sampling strategy and quality testing for labeling purposes;

 

procedures to follow for proper labeling; and

 

procedures to follow for handling mandatory and voluntary recalls of cannabis or cannabis-infused products.

 

"Permit" means a registration issued by the Department to a qualified applicant to operate a cultivation center.

 

"Permittee" means a qualified applicant who is issued a permit by the Department to operate a cultivation center.

 

"Person" includes, but is not limited to, a natural person, sole proprietorship, partnership, joint venture, limited liability partnership or company, corporation, association, agency, business, not-for-profit organization.

 

"Physician" means a doctor of medicine or doctor of osteopathy licensed under the Medical Practice Act of 1987 to practice medicine and who has a controlled substances license under Article III of the Illinois Controlled Substances Act. It does not include a licensed practitioner under any other Act, including but not limited to the Illinois Dental Practice Act. [410 ILCS 130/10(s)]

 

"Principal officer" includes a prospective cultivation center or cultivation center owner, president, vice president, secretary, treasurer, partner, officer, board member, shareholder or person involved in a profit sharing arrangement.

 

"Producer backer" means any person (including any legal entity) with a direct or indirect financial interest in the applicant.

 

"Production" or "produce" means the planting, preparation, cultivation, growing, harvesting, propagation, compounding, conversion, natural processing or manufacturing of cannabis, and includes any packaging or repackaging of the substance, or labeling or relabeling of its container.

 

"Qualified applicant" means an applicant for a cultivation center permit who receives at least the minimum required score in each category required by the application.

 

"Qualifying patient" means a person who has been diagnosed by a physician as having a debilitating medical condition. [410 ILCS 130/10(t)]

 

"Registered" means licensed, permitted, or otherwise certified by the Department of Agriculture under the Act. [410 ILCS 130/10(u)]

 

"Restricted access area" means a building, room or other contiguous area upon the permitted premises where cannabis is grown, cultivated, harvested, stored, weighed, packaged, sold or processed for sale, under control of the permitted facility.

 

"Sale" means any form of delivery, which includes barter, exchange or gift, or offer therefor, and each such transaction made by any person whether as principal, proprietor, agent, servant or employee.

 

"Security alarm system" means a device or series of devices intended to summon law enforcement personnel during, or as a result of, an alarm condition. Devices may include hard-wired systems and systems interconnected with a radio frequency method such as cellular or private radio signals that emit or transmit a remote or local audible, visual or electronic signal; motion detectors, pressure switches, duress alarms (a silent system signal generated by the entry of a designated code into the arming station to indicate that the user is disarming under duress); panic alarms (an audible system signal to indicate an emergency situation); and hold-up alarms (a silent system signal to indicate that a robbery is in progress).  The Department and law enforcement agencies shall have the ability to access a cultivation center's security alarm system in real-time.

 

"THC" means tetrahydrocannabinol.

 

"THCA" means tetrahydrocannabinolic acid.

 

"Tincture" means a cannabis-infused solution, typically comprised of alcohol, glycerin or vegetable oils, derived either directly from the cannabis plant or from a processed cannabis extract. Tinctures may be added to foods and other liquids, applied directly to the skin, consumed orally by drinking a small quantity, or absorbed sublingually by placing a few drops under the tongue.

 

"Usable cannabis" means the seeds, leaves, buds, and flowers of the cannabis plant, and any mixture or preparation thereof, including the resin extracted from any part of the plant, but does not include the stalks, and roots of the plant. It does not include the weight of any non-cannabis ingredients combined with cannabis, such as ingredients added to prepare a topical administration, food, or drink. [410 ILCS 130/10(w)]

 

"USEPA" means the United States Environmental Protection Agency.

 

"Vegetative stage of growth" means that the cannabis plant consists of stems, leaves and roots and does not have any flowers or buds.

 

"Verification system" means a web-based system established and maintained by the Department of Public Health that is available to the Department of Agriculture, the Department of Financial and Professional Regulation, law enforcement personnel, and registered medical cannabis dispensing organization agents on a 24-hour basis for the verification of registry identification cards, the tracking of delivery of medical cannabis to medical cannabis dispensing organizations, and the tracking of the date of sale, amount, and price of medical cannabis purchased by a registered qualifying patient. [410 ILCS 130/10(x)]

 

"Veteran" means a person who served in one of the five active-duty Armed Services or their respective Guard or Reserve units, and who was discharged or released from service under conditions other than dishonorable.

 

"Violent crime" means any felony in which force or threat of force was used against the victim, or any offense involving sexual exploitation, sexual conduct or sexual penetration, or a violation of Section 11-20.1, 11-20.1B, or 11-20.3 of the Criminal Code of 1961 or the Criminal Code of 2012, domestic battery, violation of an order of protection, stalking, or any misdemeanor which results in death or great bodily harm to the victim or any violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, or Section 11-501 of the Illinois Vehicle Code, or a similar provision of a local ordinance, if the violation resulted in personal injury or death, and includes any action committed by a juvenile that would be a violent crime if committed by an adult. For the purposes of this definition, "personal injury" shall include any Type A injury as indicated on the traffic accident report completed by a law enforcement officer that requires immediate professional attention in either a doctor's office or medical facility. A Type A injury shall include severely bleeding wounds, distorted extremities, and injuries that require the injured party to be carried from the scene, or a substantially similar offense that was tried and convicted as a felony in the jurisdiction where the cultivation center agent, agent-in-charge, or applicant for a cultivation center agent or agent-in-charge identification card, was convicted. [725 ILCS 120/3(c)]