Section 946.410  Sale and Distribution of Cannabis-Infused Products

Neither the Department of Public Health nor the Department of Agriculture nor the health department of a unit of local government may regulate the service of medical cannabis-infused food products by a registered cultivation center or registered dispensing organizations provided all of the following conditions are met. (Section 80 of the Act)

a)         No cannabis infused products requiring refrigeration or hot-holding or considered "potentially hazardous food" or "time/temperature control for safety food" (TCS) (see Section 4 of the Food Handling Regulation Enforcement Act and Section 750.100 of the Food Code) shall be manufactured at a cultivation center for sale or distribution at a dispensing organization due to the potential for food-borne illness (Section 80(a) of the Act).

b)         Baked products infused with medical cannabis (such as brownies, bars, cookies, cakes, breads, pastries), tinctures, and other non-refrigerated items are acceptable for sale at dispensing organizations (Section 80(a) of the Act).  The products are allowable for sale only at dispensing organizations registered with the Department of Financial and Professional Regulation.

c)         All cannabis-infused products offered for sale at registered dispensing organizations shall be labeled in accordance with Section 946.400.

d)         Designated caregivers of registered qualifying patients under 18 years of age may purchase only medical cannabis-infused products from registered dispensing organizations.

(Source:  Amended at 45 Ill. Reg. 6205, effective April 27, 2021)