|
| | 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB4818 Introduced , by Rep. Michael Crawford SYNOPSIS AS INTRODUCED: | | 410 ILCS 705/1-5 | | 410 ILCS 705/1-10 | | 410 ILCS 705/40-50 new | | 410 ILCS 705/40-55 new | | 410 ILCS 705/40-60 new | | 410 ILCS 705/40-65 new | |
| Amends the Cannabis Regulation and Tax Act. Adds provisions authorizing the Department of Agriculture to issue a transfer site endorsement for licensed cannabis transporters with a social equity designation. Provides that the endorsement allows operation of secure transfer sites for short-term storage and logistical consolidation of cannabis or cannabis-infused products. Sets conditions for use, security requirements, insurance, and compliance standards. Requires coordination with local zoning authorities and rulemaking by the Department. Makes related changes to findings and definitions. |
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| | A BILL FOR |
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| 1 | | AN ACT concerning health. |
| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly: |
| 4 | | Section 5. The Cannabis Regulation and Tax Act is amended |
| 5 | | by changing Sections 1-5 and 1-10 and by adding Sections |
| 6 | | 40-50, 40-55, 40-60, and 40-65 as follows: |
| 7 | | (410 ILCS 705/1-5) |
| 8 | | Sec. 1-5. Findings. |
| 9 | | (a) In the interest of allowing law enforcement to focus |
| 10 | | on violent and property crimes, generating revenue for |
| 11 | | education, substance abuse prevention and treatment, freeing |
| 12 | | public resources to invest in communities and other public |
| 13 | | purposes, and individual freedom, the General Assembly finds |
| 14 | | and declares that the use of cannabis should be legal for |
| 15 | | persons 21 years of age or older and should be taxed in a |
| 16 | | manner similar to alcohol. |
| 17 | | (b) In the interest of the health and public safety of the |
| 18 | | residents of Illinois, the General Assembly further finds and |
| 19 | | declares that cannabis should be regulated in a manner similar |
| 20 | | to alcohol so that: |
| 21 | | (1) persons will have to show proof of age before |
| 22 | | purchasing cannabis; |
| 23 | | (2) selling, distributing, or transferring cannabis to |
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| 1 | | minors and other persons under 21 years of age shall |
| 2 | | remain illegal; |
| 3 | | (3) driving under the influence of cannabis, operating |
| 4 | | a watercraft under the influence of cannabis, and |
| 5 | | operating a snowmobile under the influence of cannabis |
| 6 | | shall remain illegal; |
| 7 | | (4) legitimate, taxpaying business people, and not |
| 8 | | criminal actors, will conduct sales of cannabis; |
| 9 | | (5) cannabis sold in this State will be tested, |
| 10 | | labeled, and subject to additional regulation to ensure |
| 11 | | that purchasers are informed and protected; and |
| 12 | | (6) purchasers will be informed of any known health |
| 13 | | risks associated with the use of cannabis, as concluded by |
| 14 | | evidence-based, peer reviewed research. |
| 15 | | (c) The General Assembly further finds and declares that |
| 16 | | it is necessary to ensure consistency and fairness in the |
| 17 | | application of this Act throughout the State and that, |
| 18 | | therefore, the matters addressed by this Act are, except as |
| 19 | | specified in this Act, matters of statewide concern. |
| 20 | | (d) The General Assembly further finds and declares that |
| 21 | | this Act shall not diminish the State's duties and commitment |
| 22 | | to seriously ill patients registered under the Compassionate |
| 23 | | Use of Medical Cannabis Program Act, nor alter the protections |
| 24 | | granted to them. |
| 25 | | (e) The General Assembly supports and encourages labor |
| 26 | | neutrality in the cannabis industry and further finds and |
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| 1 | | declares that employee workplace safety shall not be |
| 2 | | diminished and employer workplace policies shall be |
| 3 | | interpreted broadly to protect employee safety. |
| 4 | | (f) It is the intent of the General Assembly to reduce |
| 5 | | transportation inefficiencies, enhance statewide |
| 6 | | participation by social equity cannabis transporters, improve |
| 7 | | public safety, and maintain the highest standards of |
| 8 | | regulatory compliance while promoting fair market access and |
| 9 | | reduced environmental impact. |
| 10 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) |
| 11 | | (410 ILCS 705/1-10) |
| 12 | | Sec. 1-10. Definitions. In this Act: |
| 13 | | "Adult Use Cultivation Center License" means a license |
| 14 | | issued by the Department of Agriculture that permits a person |
| 15 | | to act as a cultivation center under this Act and any |
| 16 | | administrative rule made in furtherance of this Act. |
| 17 | | "Adult Use Dispensing Organization License" means a |
| 18 | | license issued by the Department of Financial and Professional |
| 19 | | Regulation that permits a person to act as a dispensing |
| 20 | | organization under this Act and any administrative rule made |
| 21 | | in furtherance of this Act. |
| 22 | | "Advertise" means to engage in promotional activities |
| 23 | | including, but not limited to: newspaper, radio, Internet and |
| 24 | | electronic media, and television advertising; the distribution |
| 25 | | of fliers and circulars; billboard advertising; and the |
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| 1 | | display of window and interior signs. "Advertise" does not |
| 2 | | mean exterior signage displaying only the name of the licensed |
| 3 | | cannabis business establishment. |
| 4 | | "Application points" means the number of points a |
| 5 | | Dispensary Applicant receives on an application for a |
| 6 | | Conditional Adult Use Dispensing Organization License. |
| 7 | | "BLS Region" means a region in Illinois used by the United |
| 8 | | States Bureau of Labor Statistics to gather and categorize |
| 9 | | certain employment and wage data. The 17 such regions in |
| 10 | | Illinois are: Bloomington, Cape Girardeau, Carbondale-Marion, |
| 11 | | Champaign-Urbana, Chicago-Naperville-Elgin, Danville, |
| 12 | | Davenport-Moline-Rock Island, Decatur, Kankakee, Peoria, |
| 13 | | Rockford, St. Louis, Springfield, Northwest Illinois |
| 14 | | nonmetropolitan area, West Central Illinois nonmetropolitan |
| 15 | | area, East Central Illinois nonmetropolitan area, and South |
| 16 | | Illinois nonmetropolitan area. |
| 17 | | "By lot" means a randomized method of choosing between 2 |
| 18 | | or more Eligible Tied Applicants or 2 or more Qualifying |
| 19 | | Applicants. |
| 20 | | "Cannabis" means marijuana, hashish, and other substances |
| 21 | | that are identified as including any parts of the plant |
| 22 | | Cannabis sativa and including derivatives or subspecies, such |
| 23 | | as indica, of all strains of cannabis, whether growing or not; |
| 24 | | the seeds thereof, the resin extracted from any part of the |
| 25 | | plant; and any compound, manufacture, salt, derivative, |
| 26 | | mixture, or preparation of the plant, its seeds, or resin, |
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| 1 | | including tetrahydrocannabinol (THC) and all other naturally |
| 2 | | produced cannabinol derivatives, whether produced directly or |
| 3 | | indirectly by extraction; however, "cannabis" does not include |
| 4 | | the mature stalks of the plant, fiber produced from the |
| 5 | | stalks, oil or cake made from the seeds of the plant, any other |
| 6 | | compound, manufacture, salt, derivative, mixture, or |
| 7 | | preparation of the mature stalks (except the resin extracted |
| 8 | | from it), fiber, oil or cake, or the sterilized seed of the |
| 9 | | plant that is incapable of germination. "Cannabis" does not |
| 10 | | include industrial hemp as defined and authorized under the |
| 11 | | Industrial Hemp Act. "Cannabis" also means cannabis flower, |
| 12 | | concentrate, and cannabis-infused products. |
| 13 | | "Cannabis business establishment" means a cultivation |
| 14 | | center, craft grower, processing organization, infuser |
| 15 | | organization, dispensing organization, or transporting |
| 16 | | organization. |
| 17 | | "Cannabis concentrate" means a product derived from |
| 18 | | cannabis that is produced by extracting cannabinoids, |
| 19 | | including tetrahydrocannabinol (THC), from the plant through |
| 20 | | the use of propylene glycol, glycerin, butter, olive oil, or |
| 21 | | other typical cooking fats; water, ice, or dry ice; or butane, |
| 22 | | propane, CO2, ethanol, or isopropanol and with the intended |
| 23 | | use of smoking or making a cannabis-infused product. The use |
| 24 | | of any other solvent is expressly prohibited unless and until |
| 25 | | it is approved by the Department of Agriculture. |
| 26 | | "Cannabis container" means a sealed or resealable, |
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| 1 | | traceable, container, or package used for the purpose of |
| 2 | | containment of cannabis or cannabis-infused product during |
| 3 | | transportation. |
| 4 | | "Cannabis flower" means marijuana, hashish, and other |
| 5 | | substances that are identified as including any parts of the |
| 6 | | plant Cannabis sativa and including derivatives or subspecies, |
| 7 | | such as indica, of all strains of cannabis; including raw |
| 8 | | kief, leaves, and buds, but not resin that has been extracted |
| 9 | | from any part of such plant; nor any compound, manufacture, |
| 10 | | salt, derivative, mixture, or preparation of such plant, its |
| 11 | | seeds, or resin. |
| 12 | | "Cannabis-infused product" means a beverage, food, oil, |
| 13 | | ointment, tincture, topical formulation, or another product |
| 14 | | containing cannabis or cannabis concentrate that is not |
| 15 | | intended to be smoked. |
| 16 | | "Cannabis paraphernalia" means equipment, products, or |
| 17 | | materials intended to be used for planting, propagating, |
| 18 | | cultivating, growing, harvesting, manufacturing, producing, |
| 19 | | processing, preparing, testing, analyzing, packaging, |
| 20 | | repackaging, storing, containing, concealing, ingesting, or |
| 21 | | otherwise introducing cannabis into the human body. |
| 22 | | "Cannabis plant monitoring system" or "plant monitoring |
| 23 | | system" means a system that includes, but is not limited to, |
| 24 | | testing and data collection established and maintained by the |
| 25 | | cultivation center, craft grower, or processing organization |
| 26 | | and that is available to the Department of Revenue, the |
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| 1 | | Department of Agriculture, the Department of Financial and |
| 2 | | Professional Regulation, and the Illinois State Police for the |
| 3 | | purposes of documenting each cannabis plant and monitoring |
| 4 | | plant development throughout the life cycle of a cannabis |
| 5 | | plant cultivated for the intended use by a customer from seed |
| 6 | | planting to final packaging. |
| 7 | | "Cannabis testing facility" means an entity registered by |
| 8 | | the Department of Agriculture to test cannabis for potency and |
| 9 | | contaminants. |
| 10 | | "Clone" means a plant section from a female cannabis plant |
| 11 | | not yet rootbound, growing in a water solution or other |
| 12 | | propagation matrix, that is capable of developing into a new |
| 13 | | plant. |
| 14 | | "Community College Cannabis Vocational Training Pilot |
| 15 | | Program faculty participant" means a person who is 21 years of |
| 16 | | age or older, licensed by the Department of Agriculture, and |
| 17 | | is employed or contracted by an Illinois community college to |
| 18 | | provide student instruction using cannabis plants at an |
| 19 | | Illinois Community College. |
| 20 | | "Community College Cannabis Vocational Training Pilot |
| 21 | | Program faculty participant Agent Identification Card" means a |
| 22 | | document issued by the Department of Agriculture that |
| 23 | | identifies a person as a Community College Cannabis Vocational |
| 24 | | Training Pilot Program faculty participant. |
| 25 | | "Conditional Adult Use Dispensing Organization License" |
| 26 | | means a contingent license awarded to applicants for an Adult |
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| 1 | | Use Dispensing Organization License that reserves the right to |
| 2 | | an Adult Use Dispensing Organization License if the applicant |
| 3 | | meets certain conditions described in this Act, but does not |
| 4 | | entitle the recipient to begin purchasing or selling cannabis |
| 5 | | or cannabis-infused products. |
| 6 | | "Conditional Adult Use Cultivation Center License" means a |
| 7 | | license awarded to top-scoring applicants for an Adult Use |
| 8 | | Cultivation Center License that reserves the right to an Adult |
| 9 | | Use Cultivation Center License if the applicant meets certain |
| 10 | | conditions as determined by the Department of Agriculture by |
| 11 | | rule, but does not entitle the recipient to begin growing, |
| 12 | | processing, or selling cannabis or cannabis-infused products. |
| 13 | | "Craft grower" means a facility operated by an |
| 14 | | organization or business that is licensed by the Department of |
| 15 | | Agriculture to cultivate, dry, cure, and package cannabis and |
| 16 | | perform other necessary activities to make cannabis available |
| 17 | | for sale at a dispensing organization or use at a processing |
| 18 | | organization. A craft grower may contain up to 5,000 square |
| 19 | | feet of canopy space on its premises for plants in the |
| 20 | | flowering state. The Department of Agriculture may authorize |
| 21 | | an increase or decrease of flowering stage cultivation space |
| 22 | | in increments of 3,000 square feet by rule based on market |
| 23 | | need, craft grower capacity, and the licensee's history of |
| 24 | | compliance or noncompliance, with a maximum space of 14,000 |
| 25 | | square feet for cultivating plants in the flowering stage, |
| 26 | | which must be cultivated in all stages of growth in an enclosed |
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| 1 | | and secure area. A craft grower may share premises with a |
| 2 | | processing organization or a dispensing organization, or both, |
| 3 | | provided each licensee stores currency and cannabis or |
| 4 | | cannabis-infused products in a separate secured vault to which |
| 5 | | the other licensee does not have access or all licensees |
| 6 | | sharing a vault share more than 50% of the same ownership. |
| 7 | | "Craft grower agent" means a principal officer, board |
| 8 | | member, employee, or other agent of a craft grower who is 21 |
| 9 | | years of age or older. |
| 10 | | "Craft Grower Agent Identification Card" means a document |
| 11 | | issued by the Department of Agriculture that identifies a |
| 12 | | person as a craft grower agent. |
| 13 | | "Cultivation center" means a facility operated by an |
| 14 | | organization or business that is licensed by the Department of |
| 15 | | Agriculture to cultivate, process, transport (unless otherwise |
| 16 | | limited by this Act), and perform other necessary activities |
| 17 | | to provide cannabis and cannabis-infused products to cannabis |
| 18 | | business establishments. |
| 19 | | "Cultivation center agent" means a principal officer, |
| 20 | | board member, employee, or other agent of a cultivation center |
| 21 | | who is 21 years of age or older. |
| 22 | | "Cultivation Center Agent Identification Card" means a |
| 23 | | document issued by the Department of Agriculture that |
| 24 | | identifies a person as a cultivation center agent. |
| 25 | | "Currency" means currency and coin of the United States. |
| 26 | | "Dispensary" means a facility operated by a dispensing |
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| 1 | | organization at which activities licensed by this Act may |
| 2 | | occur. |
| 3 | | "Dispensary Applicant" means the Proposed Dispensing |
| 4 | | Organization Name as stated on an application for a |
| 5 | | Conditional Adult Use Dispensing Organization License. |
| 6 | | "Dispensing organization" means a facility operated by an |
| 7 | | organization or business that is licensed by the Department of |
| 8 | | Financial and Professional Regulation to acquire cannabis from |
| 9 | | a cultivation center, craft grower, processing organization, |
| 10 | | or another dispensary for the purpose of selling or dispensing |
| 11 | | cannabis, cannabis-infused products, cannabis seeds, |
| 12 | | paraphernalia, or related supplies under this Act to |
| 13 | | purchasers or to qualified registered medical cannabis |
| 14 | | patients and caregivers. As used in this Act, "dispensing |
| 15 | | organization" includes a registered medical cannabis |
| 16 | | organization as defined in the Compassionate Use of Medical |
| 17 | | Cannabis Program Act or its successor Act that has obtained an |
| 18 | | Early Approval Adult Use Dispensing Organization License. |
| 19 | | "Dispensing organization agent" means a principal officer, |
| 20 | | employee, or agent of a dispensing organization who is 21 |
| 21 | | years of age or older. |
| 22 | | "Dispensing organization agent identification card" means |
| 23 | | a document issued by the Department of Financial and |
| 24 | | Professional Regulation that identifies a person as a |
| 25 | | dispensing organization agent. |
| 26 | | "Disproportionately Impacted Area" means a census tract or |
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| 1 | | comparable geographic area that satisfies the following |
| 2 | | criteria as determined by the Department of Commerce and |
| 3 | | Economic Opportunity, that: |
| 4 | | (1) meets at least one of the following criteria: |
| 5 | | (A) the area has a poverty rate of at least 20% |
| 6 | | according to the latest federal decennial census; or |
| 7 | | (B) 75% or more of the children in the area |
| 8 | | participate in the federal free lunch program |
| 9 | | according to reported statistics from the State Board |
| 10 | | of Education; or |
| 11 | | (C) at least 20% of the households in the area |
| 12 | | receive assistance under the Supplemental Nutrition |
| 13 | | Assistance Program; or |
| 14 | | (D) the area has an average unemployment rate, as |
| 15 | | determined by the Illinois Department of Employment |
| 16 | | Security, that is more than 120% of the national |
| 17 | | unemployment average, as determined by the United |
| 18 | | States Department of Labor, for a period of at least 2 |
| 19 | | consecutive calendar years preceding the date of the |
| 20 | | application; and |
| 21 | | (2) has high rates of arrest, conviction, and |
| 22 | | incarceration related to the sale, possession, use, |
| 23 | | cultivation, manufacture, or transport of cannabis. |
| 24 | | "Early Approval Adult Use Cultivation Center License" |
| 25 | | means a license that permits a medical cannabis cultivation |
| 26 | | center licensed under the Compassionate Use of Medical |
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| 1 | | Cannabis Program Act as of the effective date of this Act to |
| 2 | | begin cultivating, infusing, packaging, transporting (unless |
| 3 | | otherwise provided in this Act), processing, and selling |
| 4 | | cannabis or cannabis-infused product to cannabis business |
| 5 | | establishments for resale to purchasers as permitted by this |
| 6 | | Act as of January 1, 2020. |
| 7 | | "Early Approval Adult Use Dispensing Organization License" |
| 8 | | means a license that permits a medical cannabis dispensing |
| 9 | | organization licensed under the Compassionate Use of Medical |
| 10 | | Cannabis Program Act as of the effective date of this Act to |
| 11 | | begin selling cannabis or cannabis-infused product to |
| 12 | | purchasers as permitted by this Act as of January 1, 2020. |
| 13 | | "Early Approval Adult Use Dispensing Organization at a |
| 14 | | secondary site" means a license that permits a medical |
| 15 | | cannabis dispensing organization licensed under the |
| 16 | | Compassionate Use of Medical Cannabis Program Act as of the |
| 17 | | effective date of this Act to begin selling cannabis or |
| 18 | | cannabis-infused product to purchasers as permitted by this |
| 19 | | Act on January 1, 2020 at a different dispensary location from |
| 20 | | its existing registered medical dispensary location. |
| 21 | | "Eligible Tied Applicant" means a Tied Applicant that is |
| 22 | | eligible to participate in the process by which a remaining |
| 23 | | available license is distributed by lot pursuant to a Tied |
| 24 | | Applicant Lottery. |
| 25 | | "Enclosed, locked facility" means a room, greenhouse, |
| 26 | | building, or other enclosed area equipped with locks or other |
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| 1 | | security devices that permit access only by cannabis business |
| 2 | | establishment agents working for the licensed cannabis |
| 3 | | business establishment or acting pursuant to this Act to |
| 4 | | cultivate, process, store, or distribute cannabis. |
| 5 | | "Enclosed, locked space" means a closet, room, greenhouse, |
| 6 | | building, or other enclosed area equipped with locks or other |
| 7 | | security devices that permit access only by authorized |
| 8 | | individuals under this Act. "Enclosed, locked space" may |
| 9 | | include: |
| 10 | | (1) a space within a residential building that (i) is |
| 11 | | the primary residence of the individual cultivating 5 or |
| 12 | | fewer cannabis plants that are more than 5 inches tall and |
| 13 | | (ii) includes sleeping quarters and indoor plumbing. The |
| 14 | | space must only be accessible by a key or code that is |
| 15 | | different from any key or code that can be used to access |
| 16 | | the residential building from the exterior; or |
| 17 | | (2) a structure, such as a shed or greenhouse, that |
| 18 | | lies on the same plot of land as a residential building |
| 19 | | that (i) includes sleeping quarters and indoor plumbing |
| 20 | | and (ii) is used as a primary residence by the person |
| 21 | | cultivating 5 or fewer cannabis plants that are more than |
| 22 | | 5 inches tall, such as a shed or greenhouse. The structure |
| 23 | | must remain locked when it is unoccupied by people. |
| 24 | | "Financial institution" has the same meaning as "financial |
| 25 | | organization" as defined in Section 1501 of the Illinois |
| 26 | | Income Tax Act, and also includes the holding companies, |
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| 1 | | subsidiaries, and affiliates of such financial organizations. |
| 2 | | "Flowering stage" means the stage of cultivation where and |
| 3 | | when a cannabis plant is cultivated to produce plant material |
| 4 | | for cannabis products. This includes mature plants as follows: |
| 5 | | (1) if greater than 2 stigmas are visible at each |
| 6 | | internode of the plant; or |
| 7 | | (2) if the cannabis plant is in an area that has been |
| 8 | | intentionally deprived of light for a period of time |
| 9 | | intended to produce flower buds and induce maturation, |
| 10 | | from the moment the light deprivation began through the |
| 11 | | remainder of the marijuana plant growth cycle. |
| 12 | | "Individual" means a natural person. |
| 13 | | "Infuser organization" or "infuser" means a facility |
| 14 | | operated by an organization or business that is licensed by |
| 15 | | the Department of Agriculture to directly incorporate cannabis |
| 16 | | or cannabis concentrate into a product formulation to produce |
| 17 | | a cannabis-infused product. |
| 18 | | "Kief" means the resinous crystal-like trichomes that are |
| 19 | | found on cannabis and that are accumulated, resulting in a |
| 20 | | higher concentration of cannabinoids, untreated by heat or |
| 21 | | pressure, or extracted using a solvent. |
| 22 | | "Labor peace agreement" means an agreement between a |
| 23 | | cannabis business establishment and any labor organization |
| 24 | | recognized under the National Labor Relations Act, referred to |
| 25 | | in this Act as a bona fide labor organization, that prohibits |
| 26 | | labor organizations and members from engaging in picketing, |
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| 1 | | work stoppages, boycotts, and any other economic interference |
| 2 | | with the cannabis business establishment. This agreement means |
| 3 | | that the cannabis business establishment has agreed not to |
| 4 | | disrupt efforts by the bona fide labor organization to |
| 5 | | communicate with, and attempt to organize and represent, the |
| 6 | | cannabis business establishment's employees. The agreement |
| 7 | | shall provide a bona fide labor organization access at |
| 8 | | reasonable times to areas in which the cannabis business |
| 9 | | establishment's employees work, for the purpose of meeting |
| 10 | | with employees to discuss their right to representation, |
| 11 | | employment rights under State law, and terms and conditions of |
| 12 | | employment. This type of agreement shall not mandate a |
| 13 | | particular method of election or certification of the bona |
| 14 | | fide labor organization. |
| 15 | | "Limited access area" means a room or other area under the |
| 16 | | control of a cannabis dispensing organization licensed under |
| 17 | | this Act and upon the licensed premises where cannabis sales |
| 18 | | occur with access limited to purchasers, dispensing |
| 19 | | organization owners and other dispensing organization agents, |
| 20 | | or service professionals conducting business with the |
| 21 | | dispensing organization, or, if sales to registered qualifying |
| 22 | | patients, caregivers, provisional patients, and Opioid |
| 23 | | Alternative Pilot Program participants licensed pursuant to |
| 24 | | the Compassionate Use of Medical Cannabis Program Act are also |
| 25 | | permitted at the dispensary, registered qualifying patients, |
| 26 | | caregivers, provisional patients, and Opioid Alternative Pilot |
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| 1 | | Program participants. |
| 2 | | "Member of an impacted family" means an individual who has |
| 3 | | a parent, legal guardian, child, spouse, or dependent, or was |
| 4 | | a dependent of an individual who, prior to the effective date |
| 5 | | of this Act, was arrested for, convicted of, or adjudicated |
| 6 | | delinquent for any offense that is eligible for expungement |
| 7 | | under this Act. |
| 8 | | "Mother plant" means a cannabis plant that is cultivated |
| 9 | | or maintained for the purpose of generating clones, and that |
| 10 | | will not be used to produce plant material for sale to an |
| 11 | | infuser or dispensing organization. |
| 12 | | "Ordinary public view" means within the sight line with |
| 13 | | normal visual range of a person, unassisted by visual aids, |
| 14 | | from a public street or sidewalk adjacent to real property, or |
| 15 | | from within an adjacent property. |
| 16 | | "Ownership and control" means ownership of at least 51% of |
| 17 | | the business, including corporate stock if a corporation, and |
| 18 | | control over the management and day-to-day operations of the |
| 19 | | business and an interest in the capital, assets, and profits |
| 20 | | and losses of the business proportionate to percentage of |
| 21 | | ownership. |
| 22 | | "Person" means a natural individual, firm, partnership, |
| 23 | | association, joint stock company, joint venture, public or |
| 24 | | private corporation, limited liability company, or a receiver, |
| 25 | | executor, trustee, guardian, or other representative appointed |
| 26 | | by order of any court. |
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| 1 | | "Possession limit" means the amount of cannabis under |
| 2 | | Section 10-10 that may be possessed at any one time by a person |
| 3 | | 21 years of age or older or who is a registered qualifying |
| 4 | | medical cannabis patient or caregiver under the Compassionate |
| 5 | | Use of Medical Cannabis Program Act. |
| 6 | | "Principal officer" includes a cannabis business |
| 7 | | establishment applicant or licensed cannabis business |
| 8 | | establishment's board member, owner with more than 1% interest |
| 9 | | of the total cannabis business establishment or more than 5% |
| 10 | | interest of the total cannabis business establishment of a |
| 11 | | publicly traded company, president, vice president, secretary, |
| 12 | | treasurer, partner, officer, member, manager member, or person |
| 13 | | with a profit sharing, financial interest, or revenue sharing |
| 14 | | arrangement. The definition includes a person with authority |
| 15 | | to control the cannabis business establishment, a person who |
| 16 | | assumes responsibility for the debts of the cannabis business |
| 17 | | establishment and who is further defined in this Act. |
| 18 | | "Primary residence" means a dwelling where a person |
| 19 | | usually stays or stays more often than other locations. It may |
| 20 | | be determined by, without limitation, presence, tax filings; |
| 21 | | address on an Illinois driver's license, an Illinois |
| 22 | | Identification Card, or an Illinois Person with a Disability |
| 23 | | Identification Card; or voter registration. No person may have |
| 24 | | more than one primary residence. |
| 25 | | "Processing organization" or "processor" means a facility |
| 26 | | operated by an organization or business that is licensed by |
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| 1 | | the Department of Agriculture to either extract constituent |
| 2 | | chemicals or compounds to produce cannabis concentrate or |
| 3 | | incorporate cannabis or cannabis concentrate into a product |
| 4 | | formulation to produce a cannabis product. |
| 5 | | "Processing organization agent" means a principal officer, |
| 6 | | board member, employee, or agent of a processing organization. |
| 7 | | "Processing organization agent identification card" means |
| 8 | | a document issued by the Department of Agriculture that |
| 9 | | identifies a person as a processing organization agent. |
| 10 | | "Purchaser" means a person 21 years of age or older who |
| 11 | | acquires cannabis for a valuable consideration. "Purchaser" |
| 12 | | does not include a cardholder under the Compassionate Use of |
| 13 | | Medical Cannabis Program Act. |
| 14 | | "Qualifying Applicant" means an applicant that submitted |
| 15 | | an application pursuant to Section 15-30 that received at |
| 16 | | least 85% of 250 application points available under Section |
| 17 | | 15-30 as the applicant's final score and meets the definition |
| 18 | | of "Social Equity Applicant" as set forth under this Section. |
| 19 | | "Qualifying Social Equity Justice Involved Applicant" |
| 20 | | means an applicant that submitted an application pursuant to |
| 21 | | Section 15-30 that received at least 85% of 250 application |
| 22 | | points available under Section 15-30 as the applicant's final |
| 23 | | score and meets the criteria of either paragraph (1) or (2) of |
| 24 | | the definition of "Social Equity Applicant" as set forth under |
| 25 | | this Section. |
| 26 | | "Qualified Social Equity Applicant" means a Social Equity |
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| 1 | | Applicant who has been awarded a conditional license under |
| 2 | | this Act to operate a cannabis business establishment. |
| 3 | | "Resided" means an individual's primary residence was |
| 4 | | located within the relevant geographic area as established by |
| 5 | | 2 of the following: |
| 6 | | (1) a signed lease agreement that includes the |
| 7 | | applicant's name; |
| 8 | | (2) a property deed that includes the applicant's |
| 9 | | name; |
| 10 | | (3) school records; |
| 11 | | (4) a voter registration card; |
| 12 | | (5) an Illinois driver's license, an Illinois |
| 13 | | Identification Card, or an Illinois Person with a |
| 14 | | Disability Identification Card; |
| 15 | | (6) a paycheck stub; |
| 16 | | (7) a utility bill; |
| 17 | | (8) tax records; or |
| 18 | | (9) any other proof of residency or other information |
| 19 | | necessary to establish residence as provided by rule. |
| 20 | | "Smoking" means the inhalation of smoke caused by the |
| 21 | | combustion of cannabis. |
| 22 | | "Social Equity Applicant" means an applicant that is an |
| 23 | | Illinois resident that meets one of the following criteria: |
| 24 | | (1) an applicant with at least 51% ownership and |
| 25 | | control by one or more individuals who have resided for at |
| 26 | | least 5 of the preceding 10 years in a Disproportionately |
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| 1 | | Impacted Area; |
| 2 | | (2) an applicant with at least 51% ownership and |
| 3 | | control by one or more individuals who: |
| 4 | | (i) have been arrested for, convicted of, or |
| 5 | | adjudicated delinquent for any offense that is |
| 6 | | eligible for expungement under this Act; or |
| 7 | | (ii) is a member of an impacted family; |
| 8 | | (3) for applicants with a minimum of 10 full-time |
| 9 | | employees, an applicant with at least 51% of current |
| 10 | | employees who: |
| 11 | | (i) currently reside in a Disproportionately |
| 12 | | Impacted Area; or |
| 13 | | (ii) have been arrested for, convicted of, or |
| 14 | | adjudicated delinquent for any offense that is |
| 15 | | eligible for expungement under this Act or member of |
| 16 | | an impacted family. |
| 17 | | Nothing in this Act shall be construed to preempt or limit |
| 18 | | the duties of any employer under the Job Opportunities for |
| 19 | | Qualified Applicants Act. Nothing in this Act shall permit an |
| 20 | | employer to require an employee to disclose sealed or expunged |
| 21 | | offenses, unless otherwise required by law. |
| 22 | | "Tied Applicant" means an application submitted by a |
| 23 | | Dispensary Applicant pursuant to Section 15-30 that received |
| 24 | | the same number of application points under Section 15-30 as |
| 25 | | the Dispensary Applicant's final score as one or more |
| 26 | | top-scoring applications in the same BLS Region and would have |
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| 1 | | been awarded a license but for the one or more other |
| 2 | | top-scoring applications that received the same number of |
| 3 | | application points. Each application for which a Dispensary |
| 4 | | Applicant was required to pay a required application fee for |
| 5 | | the application period ending January 2, 2020 shall be |
| 6 | | considered an application of a separate Tied Applicant. |
| 7 | | "Tied Applicant Lottery" means the process established |
| 8 | | under 68 Ill. Adm. Code 1291.50 for awarding Conditional Adult |
| 9 | | Use Dispensing Organization Licenses pursuant to Sections |
| 10 | | 15-25 and 15-30 among Eligible Tied Applicants. |
| 11 | | "Tincture" means a cannabis-infused solution, typically |
| 12 | | comprised of alcohol, glycerin, or vegetable oils, derived |
| 13 | | either directly from the cannabis plant or from a processed |
| 14 | | cannabis extract. A tincture is not an alcoholic liquor as |
| 15 | | defined in the Liquor Control Act of 1934. A tincture shall |
| 16 | | include a calibrated dropper or other similar device capable |
| 17 | | of accurately measuring servings. |
| 18 | | Transfer site" means a secure, non-retail facility |
| 19 | | operated by a licensed cannabis transporter holding a transfer |
| 20 | | site endorsement for the short-term storage, consolidation, |
| 21 | | and logistical movement of cannabis or cannabis-infused |
| 22 | | products, as authorized under Section 1-10.5. |
| 23 | | "Transfer site endorsement" means an authorization issued |
| 24 | | by the Department of Agriculture permitting an eligible social |
| 25 | | equity cannabis transporter to operate one or more transfer |
| 26 | | sites in accordance with this Act and rules adopted under it. |
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| 1 | | "Transporting organization" or "transporter" means an |
| 2 | | organization or business that is licensed by the Department of |
| 3 | | Agriculture to transport cannabis or cannabis-infused product |
| 4 | | on behalf of a cannabis business establishment or a community |
| 5 | | college licensed under the Community College Cannabis |
| 6 | | Vocational Training Pilot Program. |
| 7 | | "Transporting organization agent" means a principal |
| 8 | | officer, board member, employee, or agent of a transporting |
| 9 | | organization. |
| 10 | | "Transporting organization agent identification card" |
| 11 | | means a document issued by the Department of Agriculture that |
| 12 | | identifies a person as a transporting organization agent. |
| 13 | | "Unit of local government" means any county, city, |
| 14 | | village, or incorporated town. |
| 15 | | "Vegetative stage" means the stage of cultivation in which |
| 16 | | a cannabis plant is propagated to produce additional cannabis |
| 17 | | plants or reach a sufficient size for production. This |
| 18 | | includes seedlings, clones, mothers, and other immature |
| 19 | | cannabis plants as follows: |
| 20 | | (1) if the cannabis plant is in an area that has not |
| 21 | | been intentionally deprived of light for a period of time |
| 22 | | intended to produce flower buds and induce maturation, it |
| 23 | | has no more than 2 stigmas visible at each internode of the |
| 24 | | cannabis plant; or |
| 25 | | (2) any cannabis plant that is cultivated solely for |
| 26 | | the purpose of propagating clones and is never used to |
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| 1 | | produce cannabis. |
| 2 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; |
| 3 | | 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff. |
| 4 | | 5-13-22.) |
| 5 | | (410 ILCS 705/40-50 new) |
| 6 | | Sec. 40-50. Transfer site endorsement. |
| 7 | | (a) The Department of Agriculture shall establish a |
| 8 | | transfer site endorsement for licensed cannabis transporters |
| 9 | | that have been awarded a social equity designation under this |
| 10 | | Act. The endorsement shall authorize the transporter to own |
| 11 | | and operate one or more secure, approved cannabis transfer |
| 12 | | sites for the limited purpose of short-term storage and |
| 13 | | logistical consolidation of cannabis or cannabis-infused |
| 14 | | products. |
| 15 | | (b) A transfer site may be used solely for: |
| 16 | | (1) temporary storage of cannabis or cannabis-infused |
| 17 | | products for a period not to exceed 7 calendar days; |
| 18 | | (2) consolidation or aggregation of cannabis or |
| 19 | | cannabis-infused products from multiple licensed |
| 20 | | cultivation centers, craft growers, infusers, or |
| 21 | | transporters into compliant outbound shipments; and |
| 22 | | (3) secure handling of cannabis or cannabis-infused |
| 23 | | products rejected by a dispensing organization or other |
| 24 | | licensee, pending lawful return, redistribution, or other |
| 25 | | disposition as authorized by rule. |
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| 1 | | (c) All cannabis or cannabis-infused products received, |
| 2 | | stored, or dispatched at a transfer site shall remain subject |
| 3 | | to full seed-to-sale tracking requirements and shall be logged |
| 4 | | in the State's cannabis tracking system at receipt and |
| 5 | | dispatch. |
| 6 | | (d) A transfer site endorsement does not authorize retail |
| 7 | | sales, processing, repackaging, relabeling, or alteration of |
| 8 | | cannabis or cannabis-infused products. |
| 9 | | (e) A transporter holding a transfer site endorsement may |
| 10 | | operate up to 5 transfer sites statewide, subject to |
| 11 | | geographic and population-based distribution criteria |
| 12 | | established by the Department by rule. In establishing such |
| 13 | | criteria, the Department shall consider county population, |
| 14 | | regional demographics, market access, and the prevention of |
| 15 | | excessive concentration in any single area of the State. |
| 16 | | (f) Ownership and operation of a transfer site shall be |
| 17 | | limited to transporters holding a social equity designation |
| 18 | | under this Act. Up to 50% of the operational capacity of each |
| 19 | | transfer site shall be reserved for use by other social equity |
| 20 | | transport license holders that do not operate their own |
| 21 | | transfer sites. Reasonable fees may be charged for storage and |
| 22 | | utilization to recover associated costs, as permitted by rule. |
| 23 | | (g) Cannabis or cannabis-infused products from multiple |
| 24 | | licensed entities may be aggregated at a transfer site into |
| 25 | | consolidated outbound shipments, provided that all such |
| 26 | | activity complies with chain-of-custody, security, and |
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| 1 | | tracking requirements. |
| 2 | | (410 ILCS 705/40-55 new) |
| 3 | | Sec. 40-55. Security, compliance, and insurance for |
| 4 | | transfer sites. |
| 5 | | (a) Transfer sites shall comply with heightened security |
| 6 | | requirements, including 24-hour video surveillance, alarm |
| 7 | | systems, controlled access points, and secure storage |
| 8 | | protocols, as established by rule. |
| 9 | | (b) Transfer site operators shall maintain insurance |
| 10 | | coverage, in amounts and forms established by rule, sufficient |
| 11 | | to cover cannabis or cannabis-infused products stored at the |
| 12 | | site and in transit. |
| 13 | | (c) The Department of Agriculture, in coordination with |
| 14 | | the Illinois State Police, may conduct inspections, audits, |
| 15 | | and investigations of transfer sites and endorsed transporters |
| 16 | | and may impose disciplinary action or penalties under this Act |
| 17 | | for violations. |
| 18 | | (410 ILCS 705/40-60 new) |
| 19 | | Sec. 40-60. Local zoning and coordination. |
| 20 | | (a) Issuance or renewal of a transfer site endorsement |
| 21 | | shall be conditioned upon compliance with applicable local |
| 22 | | zoning and land-use requirements. |
| 23 | | (b) The Department shall coordinate with units of local |
| 24 | | government regarding transfer site approval, complaint intake, |
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| 1 | | and enforcement actions. |
| 2 | | (410 ILCS 705/40-65 new) |
| 3 | | Sec. 40-65. Rulemaking. The Department of Agriculture |
| 4 | | shall adopt rules necessary to implement the transfer site |
| 5 | | endorsement, including application and renewal procedures, |
| 6 | | operational and security standards, reporting and audit |
| 7 | | requirements, procedures for handling rejected cannabis or |
| 8 | | cannabis-infused products, and social equity preference |
| 9 | | criteria. |