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.


LRB104 18149 BDA 31588 b

 

 

A BILL FOR

 

HB4818LRB104 18149 BDA 31588 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Cannabis Regulation and Tax Act is amended
5by changing Sections 1-5 and 1-10 and by adding Sections
640-50, 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
10on violent and property crimes, generating revenue for
11education, substance abuse prevention and treatment, freeing
12public resources to invest in communities and other public
13purposes, and individual freedom, the General Assembly finds
14and declares that the use of cannabis should be legal for
15persons 21 years of age or older and should be taxed in a
16manner similar to alcohol.
17    (b) In the interest of the health and public safety of the
18residents of Illinois, the General Assembly further finds and
19declares that cannabis should be regulated in a manner similar
20to 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
16it is necessary to ensure consistency and fairness in the
17application of this Act throughout the State and that,
18therefore, the matters addressed by this Act are, except as
19specified in this Act, matters of statewide concern.
20    (d) The General Assembly further finds and declares that
21this Act shall not diminish the State's duties and commitment
22to seriously ill patients registered under the Compassionate
23Use of Medical Cannabis Program Act, nor alter the protections
24granted to them.
25    (e) The General Assembly supports and encourages labor
26neutrality in the cannabis industry and further finds and

 

 

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1declares that employee workplace safety shall not be
2diminished and employer workplace policies shall be
3interpreted broadly to protect employee safety.
4    (f) It is the intent of the General Assembly to reduce
5transportation inefficiencies, enhance statewide
6participation by social equity cannabis transporters, improve
7public safety, and maintain the highest standards of
8regulatory compliance while promoting fair market access and
9reduced 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
14issued by the Department of Agriculture that permits a person
15to act as a cultivation center under this Act and any
16administrative rule made in furtherance of this Act.
17    "Adult Use Dispensing Organization License" means a
18license issued by the Department of Financial and Professional
19Regulation that permits a person to act as a dispensing
20organization under this Act and any administrative rule made
21in furtherance of this Act.
22    "Advertise" means to engage in promotional activities
23including, but not limited to: newspaper, radio, Internet and
24electronic media, and television advertising; the distribution
25of fliers and circulars; billboard advertising; and the

 

 

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1display of window and interior signs. "Advertise" does not
2mean exterior signage displaying only the name of the licensed
3cannabis business establishment.
4    "Application points" means the number of points a
5Dispensary Applicant receives on an application for a
6Conditional Adult Use Dispensing Organization License.
7    "BLS Region" means a region in Illinois used by the United
8States Bureau of Labor Statistics to gather and categorize
9certain employment and wage data. The 17 such regions in
10Illinois are: Bloomington, Cape Girardeau, Carbondale-Marion,
11Champaign-Urbana, Chicago-Naperville-Elgin, Danville,
12Davenport-Moline-Rock Island, Decatur, Kankakee, Peoria,
13Rockford, St. Louis, Springfield, Northwest Illinois
14nonmetropolitan area, West Central Illinois nonmetropolitan
15area, East Central Illinois nonmetropolitan area, and South
16Illinois nonmetropolitan area.
17    "By lot" means a randomized method of choosing between 2
18or more Eligible Tied Applicants or 2 or more Qualifying
19Applicants.
20    "Cannabis" means marijuana, hashish, and other substances
21that are identified as including any parts of the plant
22Cannabis sativa and including derivatives or subspecies, such
23as indica, of all strains of cannabis, whether growing or not;
24the seeds thereof, the resin extracted from any part of the
25plant; and any compound, manufacture, salt, derivative,
26mixture, or preparation of the plant, its seeds, or resin,

 

 

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1including tetrahydrocannabinol (THC) and all other naturally
2produced cannabinol derivatives, whether produced directly or
3indirectly by extraction; however, "cannabis" does not include
4the mature stalks of the plant, fiber produced from the
5stalks, oil or cake made from the seeds of the plant, any other
6compound, manufacture, salt, derivative, mixture, or
7preparation of the mature stalks (except the resin extracted
8from it), fiber, oil or cake, or the sterilized seed of the
9plant that is incapable of germination. "Cannabis" does not
10include industrial hemp as defined and authorized under the
11Industrial Hemp Act. "Cannabis" also means cannabis flower,
12concentrate, and cannabis-infused products.
13    "Cannabis business establishment" means a cultivation
14center, craft grower, processing organization, infuser
15organization, dispensing organization, or transporting
16organization.
17    "Cannabis concentrate" means a product derived from
18cannabis that is produced by extracting cannabinoids,
19including tetrahydrocannabinol (THC), from the plant through
20the use of propylene glycol, glycerin, butter, olive oil, or
21other typical cooking fats; water, ice, or dry ice; or butane,
22propane, CO2, ethanol, or isopropanol and with the intended
23use of smoking or making a cannabis-infused product. The use
24of any other solvent is expressly prohibited unless and until
25it is approved by the Department of Agriculture.
26    "Cannabis container" means a sealed or resealable,

 

 

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1traceable, container, or package used for the purpose of
2containment of cannabis or cannabis-infused product during
3transportation.
4    "Cannabis flower" means marijuana, hashish, and other
5substances that are identified as including any parts of the
6plant Cannabis sativa and including derivatives or subspecies,
7such as indica, of all strains of cannabis; including raw
8kief, leaves, and buds, but not resin that has been extracted
9from any part of such plant; nor any compound, manufacture,
10salt, derivative, mixture, or preparation of such plant, its
11seeds, or resin.
12    "Cannabis-infused product" means a beverage, food, oil,
13ointment, tincture, topical formulation, or another product
14containing cannabis or cannabis concentrate that is not
15intended to be smoked.
16    "Cannabis paraphernalia" means equipment, products, or
17materials intended to be used for planting, propagating,
18cultivating, growing, harvesting, manufacturing, producing,
19processing, preparing, testing, analyzing, packaging,
20repackaging, storing, containing, concealing, ingesting, or
21otherwise introducing cannabis into the human body.
22    "Cannabis plant monitoring system" or "plant monitoring
23system" means a system that includes, but is not limited to,
24testing and data collection established and maintained by the
25cultivation center, craft grower, or processing organization
26and that is available to the Department of Revenue, the

 

 

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1Department of Agriculture, the Department of Financial and
2Professional Regulation, and the Illinois State Police for the
3purposes of documenting each cannabis plant and monitoring
4plant development throughout the life cycle of a cannabis
5plant cultivated for the intended use by a customer from seed
6planting to final packaging.
7    "Cannabis testing facility" means an entity registered by
8the Department of Agriculture to test cannabis for potency and
9contaminants.
10    "Clone" means a plant section from a female cannabis plant
11not yet rootbound, growing in a water solution or other
12propagation matrix, that is capable of developing into a new
13plant.
14    "Community College Cannabis Vocational Training Pilot
15Program faculty participant" means a person who is 21 years of
16age or older, licensed by the Department of Agriculture, and
17is employed or contracted by an Illinois community college to
18provide student instruction using cannabis plants at an
19Illinois Community College.
20    "Community College Cannabis Vocational Training Pilot
21Program faculty participant Agent Identification Card" means a
22document issued by the Department of Agriculture that
23identifies a person as a Community College Cannabis Vocational
24Training Pilot Program faculty participant.
25    "Conditional Adult Use Dispensing Organization License"
26means a contingent license awarded to applicants for an Adult

 

 

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1Use Dispensing Organization License that reserves the right to
2an Adult Use Dispensing Organization License if the applicant
3meets certain conditions described in this Act, but does not
4entitle the recipient to begin purchasing or selling cannabis
5or cannabis-infused products.
6    "Conditional Adult Use Cultivation Center License" means a
7license awarded to top-scoring applicants for an Adult Use
8Cultivation Center License that reserves the right to an Adult
9Use Cultivation Center License if the applicant meets certain
10conditions as determined by the Department of Agriculture by
11rule, but does not entitle the recipient to begin growing,
12processing, or selling cannabis or cannabis-infused products.
13    "Craft grower" means a facility operated by an
14organization or business that is licensed by the Department of
15Agriculture to cultivate, dry, cure, and package cannabis and
16perform other necessary activities to make cannabis available
17for sale at a dispensing organization or use at a processing
18organization. A craft grower may contain up to 5,000 square
19feet of canopy space on its premises for plants in the
20flowering state. The Department of Agriculture may authorize
21an increase or decrease of flowering stage cultivation space
22in increments of 3,000 square feet by rule based on market
23need, craft grower capacity, and the licensee's history of
24compliance or noncompliance, with a maximum space of 14,000
25square feet for cultivating plants in the flowering stage,
26which must be cultivated in all stages of growth in an enclosed

 

 

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1and secure area. A craft grower may share premises with a
2processing organization or a dispensing organization, or both,
3provided each licensee stores currency and cannabis or
4cannabis-infused products in a separate secured vault to which
5the other licensee does not have access or all licensees
6sharing a vault share more than 50% of the same ownership.
7    "Craft grower agent" means a principal officer, board
8member, employee, or other agent of a craft grower who is 21
9years of age or older.
10    "Craft Grower Agent Identification Card" means a document
11issued by the Department of Agriculture that identifies a
12person as a craft grower agent.
13    "Cultivation center" means a facility operated by an
14organization or business that is licensed by the Department of
15Agriculture to cultivate, process, transport (unless otherwise
16limited by this Act), and perform other necessary activities
17to provide cannabis and cannabis-infused products to cannabis
18business establishments.
19    "Cultivation center agent" means a principal officer,
20board member, employee, or other agent of a cultivation center
21who is 21 years of age or older.
22    "Cultivation Center Agent Identification Card" means a
23document issued by the Department of Agriculture that
24identifies 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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1organization at which activities licensed by this Act may
2occur.
3    "Dispensary Applicant" means the Proposed Dispensing
4Organization Name as stated on an application for a
5Conditional Adult Use Dispensing Organization License.
6    "Dispensing organization" means a facility operated by an
7organization or business that is licensed by the Department of
8Financial and Professional Regulation to acquire cannabis from
9a cultivation center, craft grower, processing organization,
10or another dispensary for the purpose of selling or dispensing
11cannabis, cannabis-infused products, cannabis seeds,
12paraphernalia, or related supplies under this Act to
13purchasers or to qualified registered medical cannabis
14patients and caregivers. As used in this Act, "dispensing
15organization" includes a registered medical cannabis
16organization as defined in the Compassionate Use of Medical
17Cannabis Program Act or its successor Act that has obtained an
18Early Approval Adult Use Dispensing Organization License.
19    "Dispensing organization agent" means a principal officer,
20employee, or agent of a dispensing organization who is 21
21years of age or older.
22    "Dispensing organization agent identification card" means
23a document issued by the Department of Financial and
24Professional Regulation that identifies a person as a
25dispensing organization agent.
26    "Disproportionately Impacted Area" means a census tract or

 

 

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1comparable geographic area that satisfies the following
2criteria as determined by the Department of Commerce and
3Economic 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"
25means a license that permits a medical cannabis cultivation
26center licensed under the Compassionate Use of Medical

 

 

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1Cannabis Program Act as of the effective date of this Act to
2begin cultivating, infusing, packaging, transporting (unless
3otherwise provided in this Act), processing, and selling
4cannabis or cannabis-infused product to cannabis business
5establishments for resale to purchasers as permitted by this
6Act as of January 1, 2020.
7    "Early Approval Adult Use Dispensing Organization License"
8means a license that permits a medical cannabis dispensing
9organization licensed under the Compassionate Use of Medical
10Cannabis Program Act as of the effective date of this Act to
11begin selling cannabis or cannabis-infused product to
12purchasers as permitted by this Act as of January 1, 2020.
13    "Early Approval Adult Use Dispensing Organization at a
14secondary site" means a license that permits a medical
15cannabis dispensing organization licensed under the
16Compassionate Use of Medical Cannabis Program Act as of the
17effective date of this Act to begin selling cannabis or
18cannabis-infused product to purchasers as permitted by this
19Act on January 1, 2020 at a different dispensary location from
20its existing registered medical dispensary location.
21    "Eligible Tied Applicant" means a Tied Applicant that is
22eligible to participate in the process by which a remaining
23available license is distributed by lot pursuant to a Tied
24Applicant Lottery.
25    "Enclosed, locked facility" means a room, greenhouse,
26building, or other enclosed area equipped with locks or other

 

 

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1security devices that permit access only by cannabis business
2establishment agents working for the licensed cannabis
3business establishment or acting pursuant to this Act to
4cultivate, process, store, or distribute cannabis.
5    "Enclosed, locked space" means a closet, room, greenhouse,
6building, or other enclosed area equipped with locks or other
7security devices that permit access only by authorized
8individuals under this Act. "Enclosed, locked space" may
9include:
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
25organization" as defined in Section 1501 of the Illinois
26Income Tax Act, and also includes the holding companies,

 

 

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1subsidiaries, and affiliates of such financial organizations.
2    "Flowering stage" means the stage of cultivation where and
3when a cannabis plant is cultivated to produce plant material
4for 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
14operated by an organization or business that is licensed by
15the Department of Agriculture to directly incorporate cannabis
16or cannabis concentrate into a product formulation to produce
17a cannabis-infused product.
18    "Kief" means the resinous crystal-like trichomes that are
19found on cannabis and that are accumulated, resulting in a
20higher concentration of cannabinoids, untreated by heat or
21pressure, or extracted using a solvent.
22    "Labor peace agreement" means an agreement between a
23cannabis business establishment and any labor organization
24recognized under the National Labor Relations Act, referred to
25in this Act as a bona fide labor organization, that prohibits
26labor organizations and members from engaging in picketing,

 

 

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1work stoppages, boycotts, and any other economic interference
2with the cannabis business establishment. This agreement means
3that the cannabis business establishment has agreed not to
4disrupt efforts by the bona fide labor organization to
5communicate with, and attempt to organize and represent, the
6cannabis business establishment's employees. The agreement
7shall provide a bona fide labor organization access at
8reasonable times to areas in which the cannabis business
9establishment's employees work, for the purpose of meeting
10with employees to discuss their right to representation,
11employment rights under State law, and terms and conditions of
12employment. This type of agreement shall not mandate a
13particular method of election or certification of the bona
14fide labor organization.
15    "Limited access area" means a room or other area under the
16control of a cannabis dispensing organization licensed under
17this Act and upon the licensed premises where cannabis sales
18occur with access limited to purchasers, dispensing
19organization owners and other dispensing organization agents,
20or service professionals conducting business with the
21dispensing organization, or, if sales to registered qualifying
22patients, caregivers, provisional patients, and Opioid
23Alternative Pilot Program participants licensed pursuant to
24the Compassionate Use of Medical Cannabis Program Act are also
25permitted at the dispensary, registered qualifying patients,
26caregivers, provisional patients, and Opioid Alternative Pilot

 

 

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1Program participants.
2    "Member of an impacted family" means an individual who has
3a parent, legal guardian, child, spouse, or dependent, or was
4a dependent of an individual who, prior to the effective date
5of this Act, was arrested for, convicted of, or adjudicated
6delinquent for any offense that is eligible for expungement
7under this Act.
8    "Mother plant" means a cannabis plant that is cultivated
9or maintained for the purpose of generating clones, and that
10will not be used to produce plant material for sale to an
11infuser or dispensing organization.
12    "Ordinary public view" means within the sight line with
13normal visual range of a person, unassisted by visual aids,
14from a public street or sidewalk adjacent to real property, or
15from within an adjacent property.
16    "Ownership and control" means ownership of at least 51% of
17the business, including corporate stock if a corporation, and
18control over the management and day-to-day operations of the
19business and an interest in the capital, assets, and profits
20and losses of the business proportionate to percentage of
21ownership.
22    "Person" means a natural individual, firm, partnership,
23association, joint stock company, joint venture, public or
24private corporation, limited liability company, or a receiver,
25executor, trustee, guardian, or other representative appointed
26by order of any court.

 

 

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1    "Possession limit" means the amount of cannabis under
2Section 10-10 that may be possessed at any one time by a person
321 years of age or older or who is a registered qualifying
4medical cannabis patient or caregiver under the Compassionate
5Use of Medical Cannabis Program Act.
6    "Principal officer" includes a cannabis business
7establishment applicant or licensed cannabis business
8establishment's board member, owner with more than 1% interest
9of the total cannabis business establishment or more than 5%
10interest of the total cannabis business establishment of a
11publicly traded company, president, vice president, secretary,
12treasurer, partner, officer, member, manager member, or person
13with a profit sharing, financial interest, or revenue sharing
14arrangement. The definition includes a person with authority
15to control the cannabis business establishment, a person who
16assumes responsibility for the debts of the cannabis business
17establishment and who is further defined in this Act.
18    "Primary residence" means a dwelling where a person
19usually stays or stays more often than other locations. It may
20be determined by, without limitation, presence, tax filings;
21address on an Illinois driver's license, an Illinois
22Identification Card, or an Illinois Person with a Disability
23Identification Card; or voter registration. No person may have
24more than one primary residence.
25    "Processing organization" or "processor" means a facility
26operated by an organization or business that is licensed by

 

 

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1the Department of Agriculture to either extract constituent
2chemicals or compounds to produce cannabis concentrate or
3incorporate cannabis or cannabis concentrate into a product
4formulation to produce a cannabis product.
5    "Processing organization agent" means a principal officer,
6board member, employee, or agent of a processing organization.
7    "Processing organization agent identification card" means
8a document issued by the Department of Agriculture that
9identifies a person as a processing organization agent.
10    "Purchaser" means a person 21 years of age or older who
11acquires cannabis for a valuable consideration. "Purchaser"
12does not include a cardholder under the Compassionate Use of
13Medical Cannabis Program Act.
14    "Qualifying Applicant" means an applicant that submitted
15an application pursuant to Section 15-30 that received at
16least 85% of 250 application points available under Section
1715-30 as the applicant's final score and meets the definition
18of "Social Equity Applicant" as set forth under this Section.
19    "Qualifying Social Equity Justice Involved Applicant"
20means an applicant that submitted an application pursuant to
21Section 15-30 that received at least 85% of 250 application
22points available under Section 15-30 as the applicant's final
23score and meets the criteria of either paragraph (1) or (2) of
24the definition of "Social Equity Applicant" as set forth under
25this Section.
26    "Qualified Social Equity Applicant" means a Social Equity

 

 

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1Applicant who has been awarded a conditional license under
2this Act to operate a cannabis business establishment.
3    "Resided" means an individual's primary residence was
4located within the relevant geographic area as established by
52 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
21combustion of cannabis.
22    "Social Equity Applicant" means an applicant that is an
23Illinois 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
18the duties of any employer under the Job Opportunities for
19Qualified Applicants Act. Nothing in this Act shall permit an
20employer to require an employee to disclose sealed or expunged
21offenses, unless otherwise required by law.
22    "Tied Applicant" means an application submitted by a
23Dispensary Applicant pursuant to Section 15-30 that received
24the same number of application points under Section 15-30 as
25the Dispensary Applicant's final score as one or more
26top-scoring applications in the same BLS Region and would have

 

 

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1been awarded a license but for the one or more other
2top-scoring applications that received the same number of
3application points. Each application for which a Dispensary
4Applicant was required to pay a required application fee for
5the application period ending January 2, 2020 shall be
6considered an application of a separate Tied Applicant.
7    "Tied Applicant Lottery" means the process established
8under 68 Ill. Adm. Code 1291.50 for awarding Conditional Adult
9Use Dispensing Organization Licenses pursuant to Sections
1015-25 and 15-30 among Eligible Tied Applicants.
11    "Tincture" means a cannabis-infused solution, typically
12comprised of alcohol, glycerin, or vegetable oils, derived
13either directly from the cannabis plant or from a processed
14cannabis extract. A tincture is not an alcoholic liquor as
15defined in the Liquor Control Act of 1934. A tincture shall
16include a calibrated dropper or other similar device capable
17of accurately measuring servings.
18    Transfer site" means a secure, non-retail facility
19operated by a licensed cannabis transporter holding a transfer
20site endorsement for the short-term storage, consolidation,
21and logistical movement of cannabis or cannabis-infused
22products, as authorized under Section 1-10.5.
23    "Transfer site endorsement" means an authorization issued
24by the Department of Agriculture permitting an eligible social
25equity cannabis transporter to operate one or more transfer
26sites in accordance with this Act and rules adopted under it.

 

 

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1    "Transporting organization" or "transporter" means an
2organization or business that is licensed by the Department of
3Agriculture to transport cannabis or cannabis-infused product
4on behalf of a cannabis business establishment or a community
5college licensed under the Community College Cannabis
6Vocational Training Pilot Program.
7    "Transporting organization agent" means a principal
8officer, board member, employee, or agent of a transporting
9organization.
10    "Transporting organization agent identification card"
11means a document issued by the Department of Agriculture that
12identifies a person as a transporting organization agent.
13    "Unit of local government" means any county, city,
14village, or incorporated town.
15    "Vegetative stage" means the stage of cultivation in which
16a cannabis plant is propagated to produce additional cannabis
17plants or reach a sufficient size for production. This
18includes seedlings, clones, mothers, and other immature
19cannabis 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;
3102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff.
45-13-22.)
 
5    (410 ILCS 705/40-50 new)
6    Sec. 40-50. Transfer site endorsement.
7    (a) The Department of Agriculture shall establish a
8transfer site endorsement for licensed cannabis transporters
9that have been awarded a social equity designation under this
10Act. The endorsement shall authorize the transporter to own
11and operate one or more secure, approved cannabis transfer
12sites for the limited purpose of short-term storage and
13logistical consolidation of cannabis or cannabis-infused
14products.
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,
2stored, or dispatched at a transfer site shall remain subject
3to full seed-to-sale tracking requirements and shall be logged
4in the State's cannabis tracking system at receipt and
5dispatch.
6    (d) A transfer site endorsement does not authorize retail
7sales, processing, repackaging, relabeling, or alteration of
8cannabis or cannabis-infused products.
9    (e) A transporter holding a transfer site endorsement may
10operate up to 5 transfer sites statewide, subject to
11geographic and population-based distribution criteria
12established by the Department by rule. In establishing such
13criteria, the Department shall consider county population,
14regional demographics, market access, and the prevention of
15excessive concentration in any single area of the State.
16    (f) Ownership and operation of a transfer site shall be
17limited to transporters holding a social equity designation
18under this Act. Up to 50% of the operational capacity of each
19transfer site shall be reserved for use by other social equity
20transport license holders that do not operate their own
21transfer sites. Reasonable fees may be charged for storage and
22utilization to recover associated costs, as permitted by rule.
23    (g) Cannabis or cannabis-infused products from multiple
24licensed entities may be aggregated at a transfer site into
25consolidated outbound shipments, provided that all such
26activity complies with chain-of-custody, security, and

 

 

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1tracking requirements.
 
2    (410 ILCS 705/40-55 new)
3    Sec. 40-55. Security, compliance, and insurance for
4transfer sites.
5    (a) Transfer sites shall comply with heightened security
6requirements, including 24-hour video surveillance, alarm
7systems, controlled access points, and secure storage
8protocols, as established by rule.
9    (b) Transfer site operators shall maintain insurance
10coverage, in amounts and forms established by rule, sufficient
11to cover cannabis or cannabis-infused products stored at the
12site and in transit.
13    (c) The Department of Agriculture, in coordination with
14the Illinois State Police, may conduct inspections, audits,
15and investigations of transfer sites and endorsed transporters
16and may impose disciplinary action or penalties under this Act
17for 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
21shall be conditioned upon compliance with applicable local
22zoning and land-use requirements.
23    (b) The Department shall coordinate with units of local
24government regarding transfer site approval, complaint intake,

 

 

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1and enforcement actions.
 
2    (410 ILCS 705/40-65 new)
3    Sec. 40-65. Rulemaking. The Department of Agriculture
4shall adopt rules necessary to implement the transfer site
5endorsement, including application and renewal procedures,
6operational and security standards, reporting and audit
7requirements, procedures for handling rejected cannabis or
8cannabis-infused products, and social equity preference
9criteria.