Section 1290.445  Report of Loss or Theft of Cannabis

a)         A dispensing organization shall promptly document and report any loss or theft of cannabis, criminal activity or suspected criminal activity to ISP and the Division.  

b)         The dispensing organization shall promptly make the report to the Division by phone, and in writing by email, within 24 hours after having reasonable cause to believe that cannabis has been lost or stolen from the dispensary or of the discovery of the loss or theft.

c)         The report to the Division shall include the name and address of the dispensary, the amount and type of cannabis lost or stolen, the circumstances surrounding the loss or theft, the date and time of the loss or theft, the date the loss or theft was discovered, the person who discovered the loss or theft and the person responsible for the loss or theft if known and any other information that the reporter believes might be helpful in establishing the cause of the loss or theft.

d)         Persons required to make reports or cause reports to be made under this Section include dispensing organization agents and employees of the State of Illinois who are involved in investigating or regulating dispensaries if the report has not been made by the dispensary organization.

e)         In addition to the persons required to report loss or theft of cannabis, any other person may make a report to the Division, or to any law enforcement officer, if the person has reasonable cause to suspect loss or theft of cannabis.

f)         A person required to make reports or cause reports to be made under this Section who fails to comply with the requirements of this Section is guilty of, at a minimum, a Class A misdemeanor.

g)         The Division shall initiate an administrative investigation of each report of loss or theft under the Act and this Part. 

h)         If, during the investigation of a report made pursuant to this Section, the Division obtains information indicating possible criminal acts, the Division shall refer the matter to the appropriate law enforcement agency for further investigation or prosecution.

(Source:  Amended at 43 Ill. Reg. 6593, effective May 20, 2019)