Rep. Celina Villanueva

Adopted in House on Nov 14, 2019

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1557

2    AMENDMENT NO. ______. Amend Senate Bill 1557 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. The Election Code is amended by changing
5Section 9-45 as follows:
 
6    (10 ILCS 5/9-45)
7    Sec. 9-45. Medical cannabis organization; contributions.
8It is unlawful for any medical cannabis cultivation center or
9medical cannabis dispensary organization or any political
10action committee created by any medical cannabis cultivation
11center or dispensary organization to make a campaign
12contribution to any political committee established to promote
13the candidacy of a candidate or public official. It is unlawful
14for any candidate, political committee, or other person to
15knowingly accept or receive any contribution prohibited by this
16Section. It is unlawful for any officer or agent of a medical

 

 

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1cannabis cultivation center or dispensary organization to
2consent to any contribution or expenditure by the medical
3cannabis organization that is prohibited by this Section. As
4used in this Section, "medical cannabis cultivation center" and
5"dispensary organization" have the meanings meaning ascribed
6to those terms in Section 10 of the Compassionate Use of
7Medical Cannabis Pilot Program Act.
8(Source: P.A. 98-122, eff. 1-1-14.)
 
9    Section 5. The Criminal Identification Act is amended by
10changing Section 5.2 as follows:
 
11    (20 ILCS 2630/5.2)
12    Sec. 5.2. Expungement, sealing, and immediate sealing.
13    (a) General Provisions.
14        (1) Definitions. In this Act, words and phrases have
15    the meanings set forth in this subsection, except when a
16    particular context clearly requires a different meaning.
17            (A) The following terms shall have the meanings
18        ascribed to them in the Unified Code of Corrections,
19        730 ILCS 5/5-1-2 through 5/5-1-22:
20                (i) Business Offense (730 ILCS 5/5-1-2),
21                (ii) Charge (730 ILCS 5/5-1-3),
22                (iii) Court (730 ILCS 5/5-1-6),
23                (iv) Defendant (730 ILCS 5/5-1-7),
24                (v) Felony (730 ILCS 5/5-1-9),

 

 

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1                (vi) Imprisonment (730 ILCS 5/5-1-10),
2                (vii) Judgment (730 ILCS 5/5-1-12),
3                (viii) Misdemeanor (730 ILCS 5/5-1-14),
4                (ix) Offense (730 ILCS 5/5-1-15),
5                (x) Parole (730 ILCS 5/5-1-16),
6                (xi) Petty Offense (730 ILCS 5/5-1-17),
7                (xii) Probation (730 ILCS 5/5-1-18),
8                (xiii) Sentence (730 ILCS 5/5-1-19),
9                (xiv) Supervision (730 ILCS 5/5-1-21), and
10                (xv) Victim (730 ILCS 5/5-1-22).
11            (B) As used in this Section, "charge not initiated
12        by arrest" means a charge (as defined by 730 ILCS
13        5/5-1-3) brought against a defendant where the
14        defendant is not arrested prior to or as a direct
15        result of the charge.
16            (C) "Conviction" means a judgment of conviction or
17        sentence entered upon a plea of guilty or upon a
18        verdict or finding of guilty of an offense, rendered by
19        a legally constituted jury or by a court of competent
20        jurisdiction authorized to try the case without a jury.
21        An order of supervision successfully completed by the
22        petitioner is not a conviction. An order of qualified
23        probation (as defined in subsection (a)(1)(J))
24        successfully completed by the petitioner is not a
25        conviction. An order of supervision or an order of
26        qualified probation that is terminated

 

 

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1        unsatisfactorily is a conviction, unless the
2        unsatisfactory termination is reversed, vacated, or
3        modified and the judgment of conviction, if any, is
4        reversed or vacated.
5            (D) "Criminal offense" means a petty offense,
6        business offense, misdemeanor, felony, or municipal
7        ordinance violation (as defined in subsection
8        (a)(1)(H)). As used in this Section, a minor traffic
9        offense (as defined in subsection (a)(1)(G)) shall not
10        be considered a criminal offense.
11            (E) "Expunge" means to physically destroy the
12        records or return them to the petitioner and to
13        obliterate the petitioner's name from any official
14        index or public record, or both. Nothing in this Act
15        shall require the physical destruction of the circuit
16        court file, but such records relating to arrests or
17        charges, or both, ordered expunged shall be impounded
18        as required by subsections (d)(9)(A)(ii) and
19        (d)(9)(B)(ii).
20            (F) As used in this Section, "last sentence" means
21        the sentence, order of supervision, or order of
22        qualified probation (as defined by subsection
23        (a)(1)(J)), for a criminal offense (as defined by
24        subsection (a)(1)(D)) that terminates last in time in
25        any jurisdiction, regardless of whether the petitioner
26        has included the criminal offense for which the

 

 

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1        sentence or order of supervision or qualified
2        probation was imposed in his or her petition. If
3        multiple sentences, orders of supervision, or orders
4        of qualified probation terminate on the same day and
5        are last in time, they shall be collectively considered
6        the "last sentence" regardless of whether they were
7        ordered to run concurrently.
8            (G) "Minor traffic offense" means a petty offense,
9        business offense, or Class C misdemeanor under the
10        Illinois Vehicle Code or a similar provision of a
11        municipal or local ordinance.
12            (G-5) "Minor Cannabis Offense" means a violation
13        of Section 4 or 5 of the Cannabis Control Act
14        concerning not more than 30 grams of any substance
15        containing cannabis, provided the violation did not
16        include a penalty enhancement under Section 7 of the
17        Cannabis Control Act and is not associated with a
18        conviction for a violent crime as defined in subsection
19        (c) of Section 3 of the Rights of Crime Victims and
20        Witnesses Act. (G-5) "Minor Cannabis Offense" means a
21        violation of Section 4 or 5 of the Cannabis Control Act
22        concerning not more than 30 grams of any substance
23        containing cannabis, provided the violation did not
24        include a penalty enhancement under Section 7 of the
25        Cannabis Control Act and is not associated with an
26        arrest, conviction or other disposition for a violent

 

 

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1        crime as defined in subsection (c) of Section 3 of the
2        Rights of Crime Victims and Witnesses Act.
3            (H) "Municipal ordinance violation" means an
4        offense defined by a municipal or local ordinance that
5        is criminal in nature and with which the petitioner was
6        charged or for which the petitioner was arrested and
7        released without charging.
8            (I) "Petitioner" means an adult or a minor
9        prosecuted as an adult who has applied for relief under
10        this Section.
11            (J) "Qualified probation" means an order of
12        probation under Section 10 of the Cannabis Control Act,
13        Section 410 of the Illinois Controlled Substances Act,
14        Section 70 of the Methamphetamine Control and
15        Community Protection Act, Section 5-6-3.3 or 5-6-3.4
16        of the Unified Code of Corrections, Section
17        12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
18        those provisions existed before their deletion by
19        Public Act 89-313), Section 10-102 of the Illinois
20        Alcoholism and Other Drug Dependency Act, Section
21        40-10 of the Substance Use Disorder Act, or Section 10
22        of the Steroid Control Act. For the purpose of this
23        Section, "successful completion" of an order of
24        qualified probation under Section 10-102 of the
25        Illinois Alcoholism and Other Drug Dependency Act and
26        Section 40-10 of the Substance Use Disorder Act means

 

 

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1        that the probation was terminated satisfactorily and
2        the judgment of conviction was vacated.
3            (K) "Seal" means to physically and electronically
4        maintain the records, unless the records would
5        otherwise be destroyed due to age, but to make the
6        records unavailable without a court order, subject to
7        the exceptions in Sections 12 and 13 of this Act. The
8        petitioner's name shall also be obliterated from the
9        official index required to be kept by the circuit court
10        clerk under Section 16 of the Clerks of Courts Act, but
11        any index issued by the circuit court clerk before the
12        entry of the order to seal shall not be affected.
13            (L) "Sexual offense committed against a minor"
14        includes, but is not limited to, the offenses of
15        indecent solicitation of a child or criminal sexual
16        abuse when the victim of such offense is under 18 years
17        of age.
18            (M) "Terminate" as it relates to a sentence or
19        order of supervision or qualified probation includes
20        either satisfactory or unsatisfactory termination of
21        the sentence, unless otherwise specified in this
22        Section. A sentence is terminated notwithstanding any
23        outstanding financial legal obligation.
24        (2) Minor Traffic Offenses. Orders of supervision or
25    convictions for minor traffic offenses shall not affect a
26    petitioner's eligibility to expunge or seal records

 

 

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1    pursuant to this Section.
2        (2.5) Commencing 180 days after July 29, 2016 (the
3    effective date of Public Act 99-697), the law enforcement
4    agency issuing the citation shall automatically expunge,
5    on or before January 1 and July 1 of each year, the law
6    enforcement records of a person found to have committed a
7    civil law violation of subsection (a) of Section 4 of the
8    Cannabis Control Act or subsection (c) of Section 3.5 of
9    the Drug Paraphernalia Control Act in the law enforcement
10    agency's possession or control and which contains the final
11    satisfactory disposition which pertain to the person
12    issued a citation for that offense. The law enforcement
13    agency shall provide by rule the process for access,
14    review, and to confirm the automatic expungement by the law
15    enforcement agency issuing the citation. Commencing 180
16    days after July 29, 2016 (the effective date of Public Act
17    99-697), the clerk of the circuit court shall expunge, upon
18    order of the court, or in the absence of a court order on
19    or before January 1 and July 1 of each year, the court
20    records of a person found in the circuit court to have
21    committed a civil law violation of subsection (a) of
22    Section 4 of the Cannabis Control Act or subsection (c) of
23    Section 3.5 of the Drug Paraphernalia Control Act in the
24    clerk's possession or control and which contains the final
25    satisfactory disposition which pertain to the person
26    issued a citation for any of those offenses.

 

 

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1        (3) Exclusions. Except as otherwise provided in
2    subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
3    of this Section, the court shall not order:
4            (A) the sealing or expungement of the records of
5        arrests or charges not initiated by arrest that result
6        in an order of supervision for or conviction of: (i)
7        any sexual offense committed against a minor; (ii)
8        Section 11-501 of the Illinois Vehicle Code or a
9        similar provision of a local ordinance; or (iii)
10        Section 11-503 of the Illinois Vehicle Code or a
11        similar provision of a local ordinance, unless the
12        arrest or charge is for a misdemeanor violation of
13        subsection (a) of Section 11-503 or a similar provision
14        of a local ordinance, that occurred prior to the
15        offender reaching the age of 25 years and the offender
16        has no other conviction for violating Section 11-501 or
17        11-503 of the Illinois Vehicle Code or a similar
18        provision of a local ordinance.
19            (B) the sealing or expungement of records of minor
20        traffic offenses (as defined in subsection (a)(1)(G)),
21        unless the petitioner was arrested and released
22        without charging.
23            (C) the sealing of the records of arrests or
24        charges not initiated by arrest which result in an
25        order of supervision or a conviction for the following
26        offenses:

 

 

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1                (i) offenses included in Article 11 of the
2            Criminal Code of 1961 or the Criminal Code of 2012
3            or a similar provision of a local ordinance, except
4            Section 11-14 and a misdemeanor violation of
5            Section 11-30 of the Criminal Code of 1961 or the
6            Criminal Code of 2012, or a similar provision of a
7            local ordinance;
8                (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
9            26-5, or 48-1 of the Criminal Code of 1961 or the
10            Criminal Code of 2012, or a similar provision of a
11            local ordinance;
12                (iii) Sections 12-3.1 or 12-3.2 of the
13            Criminal Code of 1961 or the Criminal Code of 2012,
14            or Section 125 of the Stalking No Contact Order
15            Act, or Section 219 of the Civil No Contact Order
16            Act, or a similar provision of a local ordinance;
17                (iv) Class A misdemeanors or felony offenses
18            under the Humane Care for Animals Act; or
19                (v) any offense or attempted offense that
20            would subject a person to registration under the
21            Sex Offender Registration Act.
22            (D) (blank).
23    (b) Expungement.
24        (1) A petitioner may petition the circuit court to
25    expunge the records of his or her arrests and charges not
26    initiated by arrest when each arrest or charge not

 

 

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1    initiated by arrest sought to be expunged resulted in: (i)
2    acquittal, dismissal, or the petitioner's release without
3    charging, unless excluded by subsection (a)(3)(B); (ii) a
4    conviction which was vacated or reversed, unless excluded
5    by subsection (a)(3)(B); (iii) an order of supervision and
6    such supervision was successfully completed by the
7    petitioner, unless excluded by subsection (a)(3)(A) or
8    (a)(3)(B); or (iv) an order of qualified probation (as
9    defined in subsection (a)(1)(J)) and such probation was
10    successfully completed by the petitioner.
11        (1.5) When a petitioner seeks to have a record of
12    arrest expunged under this Section, and the offender has
13    been convicted of a criminal offense, the State's Attorney
14    may object to the expungement on the grounds that the
15    records contain specific relevant information aside from
16    the mere fact of the arrest.
17        (2) Time frame for filing a petition to expunge.
18            (A) When the arrest or charge not initiated by
19        arrest sought to be expunged resulted in an acquittal,
20        dismissal, the petitioner's release without charging,
21        or the reversal or vacation of a conviction, there is
22        no waiting period to petition for the expungement of
23        such records.
24            (B) When the arrest or charge not initiated by
25        arrest sought to be expunged resulted in an order of
26        supervision, successfully completed by the petitioner,

 

 

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1        the following time frames will apply:
2                (i) Those arrests or charges that resulted in
3            orders of supervision under Section 3-707, 3-708,
4            3-710, or 5-401.3 of the Illinois Vehicle Code or a
5            similar provision of a local ordinance, or under
6            Section 11-1.50, 12-3.2, or 12-15 of the Criminal
7            Code of 1961 or the Criminal Code of 2012, or a
8            similar provision of a local ordinance, shall not
9            be eligible for expungement until 5 years have
10            passed following the satisfactory termination of
11            the supervision.
12                (i-5) Those arrests or charges that resulted
13            in orders of supervision for a misdemeanor
14            violation of subsection (a) of Section 11-503 of
15            the Illinois Vehicle Code or a similar provision of
16            a local ordinance, that occurred prior to the
17            offender reaching the age of 25 years and the
18            offender has no other conviction for violating
19            Section 11-501 or 11-503 of the Illinois Vehicle
20            Code or a similar provision of a local ordinance
21            shall not be eligible for expungement until the
22            petitioner has reached the age of 25 years.
23                (ii) Those arrests or charges that resulted in
24            orders of supervision for any other offenses shall
25            not be eligible for expungement until 2 years have
26            passed following the satisfactory termination of

 

 

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1            the supervision.
2            (C) When the arrest or charge not initiated by
3        arrest sought to be expunged resulted in an order of
4        qualified probation, successfully completed by the
5        petitioner, such records shall not be eligible for
6        expungement until 5 years have passed following the
7        satisfactory termination of the probation.
8        (3) Those records maintained by the Department for
9    persons arrested prior to their 17th birthday shall be
10    expunged as provided in Section 5-915 of the Juvenile Court
11    Act of 1987.
12        (4) Whenever a person has been arrested for or
13    convicted of any offense, in the name of a person whose
14    identity he or she has stolen or otherwise come into
15    possession of, the aggrieved person from whom the identity
16    was stolen or otherwise obtained without authorization,
17    upon learning of the person having been arrested using his
18    or her identity, may, upon verified petition to the chief
19    judge of the circuit wherein the arrest was made, have a
20    court order entered nunc pro tunc by the Chief Judge to
21    correct the arrest record, conviction record, if any, and
22    all official records of the arresting authority, the
23    Department, other criminal justice agencies, the
24    prosecutor, and the trial court concerning such arrest, if
25    any, by removing his or her name from all such records in
26    connection with the arrest and conviction, if any, and by

 

 

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1    inserting in the records the name of the offender, if known
2    or ascertainable, in lieu of the aggrieved's name. The
3    records of the circuit court clerk shall be sealed until
4    further order of the court upon good cause shown and the
5    name of the aggrieved person obliterated on the official
6    index required to be kept by the circuit court clerk under
7    Section 16 of the Clerks of Courts Act, but the order shall
8    not affect any index issued by the circuit court clerk
9    before the entry of the order. Nothing in this Section
10    shall limit the Department of State Police or other
11    criminal justice agencies or prosecutors from listing
12    under an offender's name the false names he or she has
13    used.
14        (5) Whenever a person has been convicted of criminal
15    sexual assault, aggravated criminal sexual assault,
16    predatory criminal sexual assault of a child, criminal
17    sexual abuse, or aggravated criminal sexual abuse, the
18    victim of that offense may request that the State's
19    Attorney of the county in which the conviction occurred
20    file a verified petition with the presiding trial judge at
21    the petitioner's trial to have a court order entered to
22    seal the records of the circuit court clerk in connection
23    with the proceedings of the trial court concerning that
24    offense. However, the records of the arresting authority
25    and the Department of State Police concerning the offense
26    shall not be sealed. The court, upon good cause shown,

 

 

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1    shall make the records of the circuit court clerk in
2    connection with the proceedings of the trial court
3    concerning the offense available for public inspection.
4        (6) If a conviction has been set aside on direct review
5    or on collateral attack and the court determines by clear
6    and convincing evidence that the petitioner was factually
7    innocent of the charge, the court that finds the petitioner
8    factually innocent of the charge shall enter an expungement
9    order for the conviction for which the petitioner has been
10    determined to be innocent as provided in subsection (b) of
11    Section 5-5-4 of the Unified Code of Corrections.
12        (7) Nothing in this Section shall prevent the
13    Department of State Police from maintaining all records of
14    any person who is admitted to probation upon terms and
15    conditions and who fulfills those terms and conditions
16    pursuant to Section 10 of the Cannabis Control Act, Section
17    410 of the Illinois Controlled Substances Act, Section 70
18    of the Methamphetamine Control and Community Protection
19    Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
20    Corrections, Section 12-4.3 or subdivision (b)(1) of
21    Section 12-3.05 of the Criminal Code of 1961 or the
22    Criminal Code of 2012, Section 10-102 of the Illinois
23    Alcoholism and Other Drug Dependency Act, Section 40-10 of
24    the Substance Use Disorder Act, or Section 10 of the
25    Steroid Control Act.
26        (8) If the petitioner has been granted a certificate of

 

 

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1    innocence under Section 2-702 of the Code of Civil
2    Procedure, the court that grants the certificate of
3    innocence shall also enter an order expunging the
4    conviction for which the petitioner has been determined to
5    be innocent as provided in subsection (h) of Section 2-702
6    of the Code of Civil Procedure.
7    (c) Sealing.
8        (1) Applicability. Notwithstanding any other provision
9    of this Act to the contrary, and cumulative with any rights
10    to expungement of criminal records, this subsection
11    authorizes the sealing of criminal records of adults and of
12    minors prosecuted as adults. Subsection (g) of this Section
13    provides for immediate sealing of certain records.
14        (2) Eligible Records. The following records may be
15    sealed:
16            (A) All arrests resulting in release without
17        charging;
18            (B) Arrests or charges not initiated by arrest
19        resulting in acquittal, dismissal, or conviction when
20        the conviction was reversed or vacated, except as
21        excluded by subsection (a)(3)(B);
22            (C) Arrests or charges not initiated by arrest
23        resulting in orders of supervision, including orders
24        of supervision for municipal ordinance violations,
25        successfully completed by the petitioner, unless
26        excluded by subsection (a)(3);

 

 

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1            (D) Arrests or charges not initiated by arrest
2        resulting in convictions, including convictions on
3        municipal ordinance violations, unless excluded by
4        subsection (a)(3);
5            (E) Arrests or charges not initiated by arrest
6        resulting in orders of first offender probation under
7        Section 10 of the Cannabis Control Act, Section 410 of
8        the Illinois Controlled Substances Act, Section 70 of
9        the Methamphetamine Control and Community Protection
10        Act, or Section 5-6-3.3 of the Unified Code of
11        Corrections; and
12            (F) Arrests or charges not initiated by arrest
13        resulting in felony convictions unless otherwise
14        excluded by subsection (a) paragraph (3) of this
15        Section.
16        (3) When Records Are Eligible to Be Sealed. Records
17    identified as eligible under subsection (c)(2) may be
18    sealed as follows:
19            (A) Records identified as eligible under
20        subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
21        time.
22            (B) Except as otherwise provided in subparagraph
23        (E) of this paragraph (3), records identified as
24        eligible under subsection (c)(2)(C) may be sealed 2
25        years after the termination of petitioner's last
26        sentence (as defined in subsection (a)(1)(F)).

 

 

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1            (C) Except as otherwise provided in subparagraph
2        (E) of this paragraph (3), records identified as
3        eligible under subsections (c)(2)(D), (c)(2)(E), and
4        (c)(2)(F) may be sealed 3 years after the termination
5        of the petitioner's last sentence (as defined in
6        subsection (a)(1)(F)). Convictions requiring public
7        registration under the Arsonist Registration Act, the
8        Sex Offender Registration Act, or the Murderer and
9        Violent Offender Against Youth Registration Act may
10        not be sealed until the petitioner is no longer
11        required to register under that relevant Act.
12            (D) Records identified in subsection
13        (a)(3)(A)(iii) may be sealed after the petitioner has
14        reached the age of 25 years.
15            (E) Records identified as eligible under
16        subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or
17        (c)(2)(F) may be sealed upon termination of the
18        petitioner's last sentence if the petitioner earned a
19        high school diploma, associate's degree, career
20        certificate, vocational technical certification, or
21        bachelor's degree, or passed the high school level Test
22        of General Educational Development, during the period
23        of his or her sentence or mandatory supervised release.
24        This subparagraph shall apply only to a petitioner who
25        has not completed the same educational goal prior to
26        the period of his or her sentence or mandatory

 

 

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1        supervised release. If a petition for sealing eligible
2        records filed under this subparagraph is denied by the
3        court, the time periods under subparagraph (B) or (C)
4        shall apply to any subsequent petition for sealing
5        filed by the petitioner.
6        (4) Subsequent felony convictions. A person may not
7    have subsequent felony conviction records sealed as
8    provided in this subsection (c) if he or she is convicted
9    of any felony offense after the date of the sealing of
10    prior felony convictions as provided in this subsection
11    (c). The court may, upon conviction for a subsequent felony
12    offense, order the unsealing of prior felony conviction
13    records previously ordered sealed by the court.
14        (5) Notice of eligibility for sealing. Upon entry of a
15    disposition for an eligible record under this subsection
16    (c), the petitioner shall be informed by the court of the
17    right to have the records sealed and the procedures for the
18    sealing of the records.
19    (d) Procedure. The following procedures apply to
20expungement under subsections (b), (e), and (e-6) and sealing
21under subsections (c) and (e-5):
22        (1) Filing the petition. Upon becoming eligible to
23    petition for the expungement or sealing of records under
24    this Section, the petitioner shall file a petition
25    requesting the expungement or sealing of records with the
26    clerk of the court where the arrests occurred or the

 

 

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1    charges were brought, or both. If arrests occurred or
2    charges were brought in multiple jurisdictions, a petition
3    must be filed in each such jurisdiction. The petitioner
4    shall pay the applicable fee, except no fee shall be
5    required if the petitioner has obtained a court order
6    waiving fees under Supreme Court Rule 298 or it is
7    otherwise waived.
8        (1.5) County fee waiver pilot program. From August 9,
9    2019 (the effective date of Public Act 101-306) this
10    amendatory Act of the 101st General Assembly through
11    December 31, 2020, in a county of 3,000,000 or more
12    inhabitants, no fee shall be required to be paid by a
13    petitioner if the records sought to be expunged or sealed
14    were arrests resulting in release without charging or
15    arrests or charges not initiated by arrest resulting in
16    acquittal, dismissal, or conviction when the conviction
17    was reversed or vacated, unless excluded by subsection
18    (a)(3)(B). The provisions of this paragraph (1.5), other
19    than this sentence, are inoperative on and after January 1,
20    2021.
21        (2) Contents of petition. The petition shall be
22    verified and shall contain the petitioner's name, date of
23    birth, current address and, for each arrest or charge not
24    initiated by arrest sought to be sealed or expunged, the
25    case number, the date of arrest (if any), the identity of
26    the arresting authority, and such other information as the

 

 

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1    court may require. During the pendency of the proceeding,
2    the petitioner shall promptly notify the circuit court
3    clerk of any change of his or her address. If the
4    petitioner has received a certificate of eligibility for
5    sealing from the Prisoner Review Board under paragraph (10)
6    of subsection (a) of Section 3-3-2 of the Unified Code of
7    Corrections, the certificate shall be attached to the
8    petition.
9        (3) Drug test. The petitioner must attach to the
10    petition proof that the petitioner has passed a test taken
11    within 30 days before the filing of the petition showing
12    the absence within his or her body of all illegal
13    substances as defined by the Illinois Controlled
14    Substances Act, the Methamphetamine Control and Community
15    Protection Act, and the Cannabis Control Act if he or she
16    is petitioning to:
17            (A) seal felony records under clause (c)(2)(E);
18            (B) seal felony records for a violation of the
19        Illinois Controlled Substances Act, the
20        Methamphetamine Control and Community Protection Act,
21        or the Cannabis Control Act under clause (c)(2)(F);
22            (C) seal felony records under subsection (e-5); or
23            (D) expunge felony records of a qualified
24        probation under clause (b)(1)(iv).
25        (4) Service of petition. The circuit court clerk shall
26    promptly serve a copy of the petition and documentation to

 

 

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1    support the petition under subsection (e-5) or (e-6) on the
2    State's Attorney or prosecutor charged with the duty of
3    prosecuting the offense, the Department of State Police,
4    the arresting agency and the chief legal officer of the
5    unit of local government effecting the arrest.
6        (5) Objections.
7            (A) Any party entitled to notice of the petition
8        may file an objection to the petition. All objections
9        shall be in writing, shall be filed with the circuit
10        court clerk, and shall state with specificity the basis
11        of the objection. Whenever a person who has been
12        convicted of an offense is granted a pardon by the
13        Governor which specifically authorizes expungement, an
14        objection to the petition may not be filed.
15            (B) Objections to a petition to expunge or seal
16        must be filed within 60 days of the date of service of
17        the petition.
18        (6) Entry of order.
19            (A) The Chief Judge of the circuit wherein the
20        charge was brought, any judge of that circuit
21        designated by the Chief Judge, or in counties of less
22        than 3,000,000 inhabitants, the presiding trial judge
23        at the petitioner's trial, if any, shall rule on the
24        petition to expunge or seal as set forth in this
25        subsection (d)(6).
26            (B) Unless the State's Attorney or prosecutor, the

 

 

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1        Department of State Police, the arresting agency, or
2        the chief legal officer files an objection to the
3        petition to expunge or seal within 60 days from the
4        date of service of the petition, the court shall enter
5        an order granting or denying the petition.
6            (C) Notwithstanding any other provision of law,
7        the court shall not deny a petition for sealing under
8        this Section because the petitioner has not satisfied
9        an outstanding legal financial obligation established,
10        imposed, or originated by a court, law enforcement
11        agency, or a municipal, State, county, or other unit of
12        local government, including, but not limited to, any
13        cost, assessment, fine, or fee. An outstanding legal
14        financial obligation does not include any court
15        ordered restitution to a victim under Section 5-5-6 of
16        the Unified Code of Corrections, unless the
17        restitution has been converted to a civil judgment.
18        Nothing in this subparagraph (C) waives, rescinds, or
19        abrogates a legal financial obligation or otherwise
20        eliminates or affects the right of the holder of any
21        financial obligation to pursue collection under
22        applicable federal, State, or local law.
23        (7) Hearings. If an objection is filed, the court shall
24    set a date for a hearing and notify the petitioner and all
25    parties entitled to notice of the petition of the hearing
26    date at least 30 days prior to the hearing. Prior to the

 

 

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1    hearing, the State's Attorney shall consult with the
2    Department as to the appropriateness of the relief sought
3    in the petition to expunge or seal. At the hearing, the
4    court shall hear evidence on whether the petition should or
5    should not be granted, and shall grant or deny the petition
6    to expunge or seal the records based on the evidence
7    presented at the hearing. The court may consider the
8    following:
9            (A) the strength of the evidence supporting the
10        defendant's conviction;
11            (B) the reasons for retention of the conviction
12        records by the State;
13            (C) the petitioner's age, criminal record history,
14        and employment history;
15            (D) the period of time between the petitioner's
16        arrest on the charge resulting in the conviction and
17        the filing of the petition under this Section; and
18            (E) the specific adverse consequences the
19        petitioner may be subject to if the petition is denied.
20        (8) Service of order. After entering an order to
21    expunge or seal records, the court must provide copies of
22    the order to the Department, in a form and manner
23    prescribed by the Department, to the petitioner, to the
24    State's Attorney or prosecutor charged with the duty of
25    prosecuting the offense, to the arresting agency, to the
26    chief legal officer of the unit of local government

 

 

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1    effecting the arrest, and to such other criminal justice
2    agencies as may be ordered by the court.
3        (9) Implementation of order.
4            (A) Upon entry of an order to expunge records
5        pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
6                (i) the records shall be expunged (as defined
7            in subsection (a)(1)(E)) by the arresting agency,
8            the Department, and any other agency as ordered by
9            the court, within 60 days of the date of service of
10            the order, unless a motion to vacate, modify, or
11            reconsider the order is filed pursuant to
12            paragraph (12) of subsection (d) of this Section;
13                (ii) the records of the circuit court clerk
14            shall be impounded until further order of the court
15            upon good cause shown and the name of the
16            petitioner obliterated on the official index
17            required to be kept by the circuit court clerk
18            under Section 16 of the Clerks of Courts Act, but
19            the order shall not affect any index issued by the
20            circuit court clerk before the entry of the order;
21            and
22                (iii) in response to an inquiry for expunged
23            records, the court, the Department, or the agency
24            receiving such inquiry, shall reply as it does in
25            response to inquiries when no records ever
26            existed.

 

 

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1            (B) Upon entry of an order to expunge records
2        pursuant to (b)(2)(B)(i) or (b)(2)(C), or both:
3                (i) the records shall be expunged (as defined
4            in subsection (a)(1)(E)) by the arresting agency
5            and any other agency as ordered by the court,
6            within 60 days of the date of service of the order,
7            unless a motion to vacate, modify, or reconsider
8            the order is filed pursuant to paragraph (12) of
9            subsection (d) of this Section;
10                (ii) the records of the circuit court clerk
11            shall be impounded until further order of the court
12            upon good cause shown and the name of the
13            petitioner obliterated on the official index
14            required to be kept by the circuit court clerk
15            under Section 16 of the Clerks of Courts Act, but
16            the order shall not affect any index issued by the
17            circuit court clerk before the entry of the order;
18                (iii) the records shall be impounded by the
19            Department within 60 days of the date of service of
20            the order as ordered by the court, unless a motion
21            to vacate, modify, or reconsider the order is filed
22            pursuant to paragraph (12) of subsection (d) of
23            this Section;
24                (iv) records impounded by the Department may
25            be disseminated by the Department only as required
26            by law or to the arresting authority, the State's

 

 

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1            Attorney, and the court upon a later arrest for the
2            same or a similar offense or for the purpose of
3            sentencing for any subsequent felony, and to the
4            Department of Corrections upon conviction for any
5            offense; and
6                (v) in response to an inquiry for such records
7            from anyone not authorized by law to access such
8            records, the court, the Department, or the agency
9            receiving such inquiry shall reply as it does in
10            response to inquiries when no records ever
11            existed.
12            (B-5) Upon entry of an order to expunge records
13        under subsection (e-6):
14                (i) the records shall be expunged (as defined
15            in subsection (a)(1)(E)) by the arresting agency
16            and any other agency as ordered by the court,
17            within 60 days of the date of service of the order,
18            unless a motion to vacate, modify, or reconsider
19            the order is filed under paragraph (12) of
20            subsection (d) of this Section;
21                (ii) the records of the circuit court clerk
22            shall be impounded until further order of the court
23            upon good cause shown and the name of the
24            petitioner obliterated on the official index
25            required to be kept by the circuit court clerk
26            under Section 16 of the Clerks of Courts Act, but

 

 

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1            the order shall not affect any index issued by the
2            circuit court clerk before the entry of the order;
3                (iii) the records shall be impounded by the
4            Department within 60 days of the date of service of
5            the order as ordered by the court, unless a motion
6            to vacate, modify, or reconsider the order is filed
7            under paragraph (12) of subsection (d) of this
8            Section;
9                (iv) records impounded by the Department may
10            be disseminated by the Department only as required
11            by law or to the arresting authority, the State's
12            Attorney, and the court upon a later arrest for the
13            same or a similar offense or for the purpose of
14            sentencing for any subsequent felony, and to the
15            Department of Corrections upon conviction for any
16            offense; and
17                (v) in response to an inquiry for these records
18            from anyone not authorized by law to access the
19            records, the court, the Department, or the agency
20            receiving the inquiry shall reply as it does in
21            response to inquiries when no records ever
22            existed.
23            (C) Upon entry of an order to seal records under
24        subsection (c), the arresting agency, any other agency
25        as ordered by the court, the Department, and the court
26        shall seal the records (as defined in subsection

 

 

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1        (a)(1)(K)). In response to an inquiry for such records,
2        from anyone not authorized by law to access such
3        records, the court, the Department, or the agency
4        receiving such inquiry shall reply as it does in
5        response to inquiries when no records ever existed.
6            (D) The Department shall send written notice to the
7        petitioner of its compliance with each order to expunge
8        or seal records within 60 days of the date of service
9        of that order or, if a motion to vacate, modify, or
10        reconsider is filed, within 60 days of service of the
11        order resolving the motion, if that order requires the
12        Department to expunge or seal records. In the event of
13        an appeal from the circuit court order, the Department
14        shall send written notice to the petitioner of its
15        compliance with an Appellate Court or Supreme Court
16        judgment to expunge or seal records within 60 days of
17        the issuance of the court's mandate. The notice is not
18        required while any motion to vacate, modify, or
19        reconsider, or any appeal or petition for
20        discretionary appellate review, is pending.
21            (E) Upon motion, the court may order that a sealed
22        judgment or other court record necessary to
23        demonstrate the amount of any legal financial
24        obligation due and owing be made available for the
25        limited purpose of collecting any legal financial
26        obligations owed by the petitioner that were

 

 

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1        established, imposed, or originated in the criminal
2        proceeding for which those records have been sealed.
3        The records made available under this subparagraph (E)
4        shall not be entered into the official index required
5        to be kept by the circuit court clerk under Section 16
6        of the Clerks of Courts Act and shall be immediately
7        re-impounded upon the collection of the outstanding
8        financial obligations.
9            (F) Notwithstanding any other provision of this
10        Section, a circuit court clerk may access a sealed
11        record for the limited purpose of collecting payment
12        for any legal financial obligations that were
13        established, imposed, or originated in the criminal
14        proceedings for which those records have been sealed.
15        (10) Fees. The Department may charge the petitioner a
16    fee equivalent to the cost of processing any order to
17    expunge or seal records. Notwithstanding any provision of
18    the Clerks of Courts Act to the contrary, the circuit court
19    clerk may charge a fee equivalent to the cost associated
20    with the sealing or expungement of records by the circuit
21    court clerk. From the total filing fee collected for the
22    petition to seal or expunge, the circuit court clerk shall
23    deposit $10 into the Circuit Court Clerk Operation and
24    Administrative Fund, to be used to offset the costs
25    incurred by the circuit court clerk in performing the
26    additional duties required to serve the petition to seal or

 

 

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1    expunge on all parties. The circuit court clerk shall
2    collect and forward the Department of State Police portion
3    of the fee to the Department and it shall be deposited in
4    the State Police Services Fund. If the record brought under
5    an expungement petition was previously sealed under this
6    Section, the fee for the expungement petition for that same
7    record shall be waived.
8        (11) Final Order. No court order issued under the
9    expungement or sealing provisions of this Section shall
10    become final for purposes of appeal until 30 days after
11    service of the order on the petitioner and all parties
12    entitled to notice of the petition.
13        (12) Motion to Vacate, Modify, or Reconsider. Under
14    Section 2-1203 of the Code of Civil Procedure, the
15    petitioner or any party entitled to notice may file a
16    motion to vacate, modify, or reconsider the order granting
17    or denying the petition to expunge or seal within 60 days
18    of service of the order. If filed more than 60 days after
19    service of the order, a petition to vacate, modify, or
20    reconsider shall comply with subsection (c) of Section
21    2-1401 of the Code of Civil Procedure. Upon filing of a
22    motion to vacate, modify, or reconsider, notice of the
23    motion shall be served upon the petitioner and all parties
24    entitled to notice of the petition.
25        (13) Effect of Order. An order granting a petition
26    under the expungement or sealing provisions of this Section

 

 

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1    shall not be considered void because it fails to comply
2    with the provisions of this Section or because of any error
3    asserted in a motion to vacate, modify, or reconsider. The
4    circuit court retains jurisdiction to determine whether
5    the order is voidable and to vacate, modify, or reconsider
6    its terms based on a motion filed under paragraph (12) of
7    this subsection (d).
8        (14) Compliance with Order Granting Petition to Seal
9    Records. Unless a court has entered a stay of an order
10    granting a petition to seal, all parties entitled to notice
11    of the petition must fully comply with the terms of the
12    order within 60 days of service of the order even if a
13    party is seeking relief from the order through a motion
14    filed under paragraph (12) of this subsection (d) or is
15    appealing the order.
16        (15) Compliance with Order Granting Petition to
17    Expunge Records. While a party is seeking relief from the
18    order granting the petition to expunge through a motion
19    filed under paragraph (12) of this subsection (d) or is
20    appealing the order, and unless a court has entered a stay
21    of that order, the parties entitled to notice of the
22    petition must seal, but need not expunge, the records until
23    there is a final order on the motion for relief or, in the
24    case of an appeal, the issuance of that court's mandate.
25        (16) The changes to this subsection (d) made by Public
26    Act 98-163 apply to all petitions pending on August 5, 2013

 

 

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1    (the effective date of Public Act 98-163) and to all orders
2    ruling on a petition to expunge or seal on or after August
3    5, 2013 (the effective date of Public Act 98-163).
4    (e) Whenever a person who has been convicted of an offense
5is granted a pardon by the Governor which specifically
6authorizes expungement, he or she may, upon verified petition
7to the Chief Judge of the circuit where the person had been
8convicted, any judge of the circuit designated by the Chief
9Judge, or in counties of less than 3,000,000 inhabitants, the
10presiding trial judge at the defendant's trial, have a court
11order entered expunging the record of arrest from the official
12records of the arresting authority and order that the records
13of the circuit court clerk and the Department be sealed until
14further order of the court upon good cause shown or as
15otherwise provided herein, and the name of the defendant
16obliterated from the official index requested to be kept by the
17circuit court clerk under Section 16 of the Clerks of Courts
18Act in connection with the arrest and conviction for the
19offense for which he or she had been pardoned but the order
20shall not affect any index issued by the circuit court clerk
21before the entry of the order. All records sealed by the
22Department may be disseminated by the Department only to the
23arresting authority, the State's Attorney, and the court upon a
24later arrest for the same or similar offense or for the purpose
25of sentencing for any subsequent felony. Upon conviction for
26any subsequent offense, the Department of Corrections shall

 

 

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1have access to all sealed records of the Department pertaining
2to that individual. Upon entry of the order of expungement, the
3circuit court clerk shall promptly mail a copy of the order to
4the person who was pardoned.
5    (e-5) Whenever a person who has been convicted of an
6offense is granted a certificate of eligibility for sealing by
7the Prisoner Review Board which specifically authorizes
8sealing, he or she may, upon verified petition to the Chief
9Judge of the circuit where the person had been convicted, any
10judge of the circuit designated by the Chief Judge, or in
11counties of less than 3,000,000 inhabitants, the presiding
12trial judge at the petitioner's trial, have a court order
13entered sealing the record of arrest from the official records
14of the arresting authority and order that the records of the
15circuit court clerk and the Department be sealed until further
16order of the court upon good cause shown or as otherwise
17provided herein, and the name of the petitioner obliterated
18from the official index requested to be kept by the circuit
19court clerk under Section 16 of the Clerks of Courts Act in
20connection with the arrest and conviction for the offense for
21which he or she had been granted the certificate but the order
22shall not affect any index issued by the circuit court clerk
23before the entry of the order. All records sealed by the
24Department may be disseminated by the Department only as
25required by this Act or to the arresting authority, a law
26enforcement agency, the State's Attorney, and the court upon a

 

 

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1later arrest for the same or similar offense or for the purpose
2of sentencing for any subsequent felony. Upon conviction for
3any subsequent offense, the Department of Corrections shall
4have access to all sealed records of the Department pertaining
5to that individual. Upon entry of the order of sealing, the
6circuit court clerk shall promptly mail a copy of the order to
7the person who was granted the certificate of eligibility for
8sealing.
9    (e-6) Whenever a person who has been convicted of an
10offense is granted a certificate of eligibility for expungement
11by the Prisoner Review Board which specifically authorizes
12expungement, he or she may, upon verified petition to the Chief
13Judge of the circuit where the person had been convicted, any
14judge of the circuit designated by the Chief Judge, or in
15counties of less than 3,000,000 inhabitants, the presiding
16trial judge at the petitioner's trial, have a court order
17entered expunging the record of arrest from the official
18records of the arresting authority and order that the records
19of the circuit court clerk and the Department be sealed until
20further order of the court upon good cause shown or as
21otherwise provided herein, and the name of the petitioner
22obliterated from the official index requested to be kept by the
23circuit court clerk under Section 16 of the Clerks of Courts
24Act in connection with the arrest and conviction for the
25offense for which he or she had been granted the certificate
26but the order shall not affect any index issued by the circuit

 

 

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1court clerk before the entry of the order. All records sealed
2by the Department may be disseminated by the Department only as
3required by this Act or to the arresting authority, a law
4enforcement agency, the State's Attorney, and the court upon a
5later arrest for the same or similar offense or for the purpose
6of sentencing for any subsequent felony. Upon conviction for
7any subsequent offense, the Department of Corrections shall
8have access to all expunged records of the Department
9pertaining to that individual. Upon entry of the order of
10expungement, the circuit court clerk shall promptly mail a copy
11of the order to the person who was granted the certificate of
12eligibility for expungement.
13    (f) Subject to available funding, the Illinois Department
14of Corrections shall conduct a study of the impact of sealing,
15especially on employment and recidivism rates, utilizing a
16random sample of those who apply for the sealing of their
17criminal records under Public Act 93-211. At the request of the
18Illinois Department of Corrections, records of the Illinois
19Department of Employment Security shall be utilized as
20appropriate to assist in the study. The study shall not
21disclose any data in a manner that would allow the
22identification of any particular individual or employing unit.
23The study shall be made available to the General Assembly no
24later than September 1, 2010.
25    (g) Immediate Sealing.
26        (1) Applicability. Notwithstanding any other provision

 

 

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1    of this Act to the contrary, and cumulative with any rights
2    to expungement or sealing of criminal records, this
3    subsection authorizes the immediate sealing of criminal
4    records of adults and of minors prosecuted as adults.
5        (2) Eligible Records. Arrests or charges not initiated
6    by arrest resulting in acquittal or dismissal with
7    prejudice, except as excluded by subsection (a)(3)(B),
8    that occur on or after January 1, 2018 (the effective date
9    of Public Act 100-282), may be sealed immediately if the
10    petition is filed with the circuit court clerk on the same
11    day and during the same hearing in which the case is
12    disposed.
13        (3) When Records are Eligible to be Immediately Sealed.
14    Eligible records under paragraph (2) of this subsection (g)
15    may be sealed immediately after entry of the final
16    disposition of a case, notwithstanding the disposition of
17    other charges in the same case.
18        (4) Notice of Eligibility for Immediate Sealing. Upon
19    entry of a disposition for an eligible record under this
20    subsection (g), the defendant shall be informed by the
21    court of his or her right to have eligible records
22    immediately sealed and the procedure for the immediate
23    sealing of these records.
24        (5) Procedure. The following procedures apply to
25    immediate sealing under this subsection (g).
26            (A) Filing the Petition. Upon entry of the final

 

 

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1        disposition of the case, the defendant's attorney may
2        immediately petition the court, on behalf of the
3        defendant, for immediate sealing of eligible records
4        under paragraph (2) of this subsection (g) that are
5        entered on or after January 1, 2018 (the effective date
6        of Public Act 100-282). The immediate sealing petition
7        may be filed with the circuit court clerk during the
8        hearing in which the final disposition of the case is
9        entered. If the defendant's attorney does not file the
10        petition for immediate sealing during the hearing, the
11        defendant may file a petition for sealing at any time
12        as authorized under subsection (c)(3)(A).
13            (B) Contents of Petition. The immediate sealing
14        petition shall be verified and shall contain the
15        petitioner's name, date of birth, current address, and
16        for each eligible record, the case number, the date of
17        arrest if applicable, the identity of the arresting
18        authority if applicable, and other information as the
19        court may require.
20            (C) Drug Test. The petitioner shall not be required
21        to attach proof that he or she has passed a drug test.
22            (D) Service of Petition. A copy of the petition
23        shall be served on the State's Attorney in open court.
24        The petitioner shall not be required to serve a copy of
25        the petition on any other agency.
26            (E) Entry of Order. The presiding trial judge shall

 

 

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1        enter an order granting or denying the petition for
2        immediate sealing during the hearing in which it is
3        filed. Petitions for immediate sealing shall be ruled
4        on in the same hearing in which the final disposition
5        of the case is entered.
6            (F) Hearings. The court shall hear the petition for
7        immediate sealing on the same day and during the same
8        hearing in which the disposition is rendered.
9            (G) Service of Order. An order to immediately seal
10        eligible records shall be served in conformance with
11        subsection (d)(8).
12            (H) Implementation of Order. An order to
13        immediately seal records shall be implemented in
14        conformance with subsections (d)(9)(C) and (d)(9)(D).
15            (I) Fees. The fee imposed by the circuit court
16        clerk and the Department of State Police shall comply
17        with paragraph (1) of subsection (d) of this Section.
18            (J) Final Order. No court order issued under this
19        subsection (g) shall become final for purposes of
20        appeal until 30 days after service of the order on the
21        petitioner and all parties entitled to service of the
22        order in conformance with subsection (d)(8).
23            (K) Motion to Vacate, Modify, or Reconsider. Under
24        Section 2-1203 of the Code of Civil Procedure, the
25        petitioner, State's Attorney, or the Department of
26        State Police may file a motion to vacate, modify, or

 

 

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1        reconsider the order denying the petition to
2        immediately seal within 60 days of service of the
3        order. If filed more than 60 days after service of the
4        order, a petition to vacate, modify, or reconsider
5        shall comply with subsection (c) of Section 2-1401 of
6        the Code of Civil Procedure.
7            (L) Effect of Order. An order granting an immediate
8        sealing petition shall not be considered void because
9        it fails to comply with the provisions of this Section
10        or because of an error asserted in a motion to vacate,
11        modify, or reconsider. The circuit court retains
12        jurisdiction to determine whether the order is
13        voidable, and to vacate, modify, or reconsider its
14        terms based on a motion filed under subparagraph (L) of
15        this subsection (g).
16            (M) Compliance with Order Granting Petition to
17        Seal Records. Unless a court has entered a stay of an
18        order granting a petition to immediately seal, all
19        parties entitled to service of the order must fully
20        comply with the terms of the order within 60 days of
21        service of the order.
22    (h) Sealing; trafficking victims.
23        (1) A trafficking victim as defined by paragraph (10)
24    of subsection (a) of Section 10-9 of the Criminal Code of
25    2012 shall be eligible to petition for immediate sealing of
26    his or her criminal record upon the completion of his or

 

 

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1    her last sentence if his or her participation in the
2    underlying offense was a direct result of human trafficking
3    under Section 10-9 of the Criminal Code of 2012 or a severe
4    form of trafficking under the federal Trafficking Victims
5    Protection Act.
6        (2) A petitioner under this subsection (h), in addition
7    to the requirements provided under paragraph (4) of
8    subsection (d) of this Section, shall include in his or her
9    petition a clear and concise statement that: (A) he or she
10    was a victim of human trafficking at the time of the
11    offense; and (B) that his or her participation in the
12    offense was a direct result of human trafficking under
13    Section 10-9 of the Criminal Code of 2012 or a severe form
14    of trafficking under the federal Trafficking Victims
15    Protection Act.
16        (3) If an objection is filed alleging that the
17    petitioner is not entitled to immediate sealing under this
18    subsection (h), the court shall conduct a hearing under
19    paragraph (7) of subsection (d) of this Section and the
20    court shall determine whether the petitioner is entitled to
21    immediate sealing under this subsection (h). A petitioner
22    is eligible for immediate relief under this subsection (h)
23    if he or she shows, by a preponderance of the evidence,
24    that: (A) he or she was a victim of human trafficking at
25    the time of the offense; and (B) that his or her
26    participation in the offense was a direct result of human

 

 

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1    trafficking under Section 10-9 of the Criminal Code of 2012
2    or a severe form of trafficking under the federal
3    Trafficking Victims Protection Act.
4    (i) Minor Cannabis Offenses under the Cannabis Control Act.
5        (1) Expungement of Arrest Records of Minor Cannabis
6    Offenses.
7            (A) The Department of State Police and all law
8        enforcement agencies within the State shall
9        automatically expunge all criminal history records of
10        an arrest, charge not initiated by arrest, order of
11        supervision, or order of qualified probation for a
12        Minor Cannabis Offense committed prior to June 25, 2019
13        (the effective date of Public Act 101-27) this
14        amendatory Act of the 101st General Assembly if:
15                (i) One year or more has elapsed since the date
16            of the arrest or law enforcement interaction
17            documented in the records; and
18                (ii) No criminal charges were filed relating
19            to the arrest or law enforcement interaction or
20            criminal charges were filed and subsequently
21            dismissed or vacated or the arrestee was
22            acquitted; and
23                (iii) The arrest is not associated with an
24            arrest for a violent crime as defined in the Rights
25            of Crime Victims and Witnesses Act.
26            (B) If the law enforcement agency is unable to

 

 

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1        verify satisfaction of condition (ii) in paragraph
2        (A), records that satisfy condition (i) in paragraph
3        (A) shall be automatically expunged.
4            (C) Records shall be expunged by the law
5        enforcement agency pursuant to the procedures set
6        forth in subdivision (d)(9)(A) under the following
7        timelines:
8                (i) Records created prior to June 25, 2019 (the
9            effective date of Public Act 101-27) this
10            amendatory Act of the 101st General Assembly, but
11            on or after January 1, 2013, shall be automatically
12            expunged prior to January 1, 2021;
13                (ii) Records created prior to January 1, 2013,
14            but on or after January 1, 2000, shall be
15            automatically expunged prior to January 1, 2023;
16                (iii) Records created prior to January 1, 2000
17            shall be automatically expunged prior to January
18            1, 2025.
19            In response to an inquiry for expunged records, the
20        law enforcement agency receiving such inquiry shall
21        reply as it does in response to inquiries when no
22        records ever existed; however, it shall provide a
23        certificate of disposition or confirmation that the
24        record was expunged to the individual whose record was
25        expunged if such a record exists.
26            (D) Nothing in this Section shall be construed to

 

 

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1        restrict or modify an individual's right to have that
2        individual's records expunged except as otherwise may
3        be provided in this Act, or diminish or abrogate any
4        rights or remedies otherwise available to the
5        individual.
6        (2) Pardons Authorizing Expungement of Minor Cannabis
7    Offenses.
8            (A) Upon June 25, 2019 (the effective date of
9        Public Act 101-27) this amendatory Act of the 101st
10        General Assembly, the Department of State Police shall
11        review all criminal history record information and
12        identify all records that meet all of the following
13        criteria:
14                (i) one or more convictions for a Minor
15            Cannabis Offense;
16                (ii) the conviction identified in paragraph
17            (2)(A)(i) did not include a penalty enhancement
18            under Section 7 of the Cannabis Control Act; and
19                (iii) the conviction identified in paragraph
20            (2)(A)(i) is not associated with a an arrest,
21            conviction or other disposition for a violent
22            crime as defined in subsection (c) of Section 3 of
23            the Rights of Crime Victims and Witnesses Act.
24            (B) Within 180 days after June 25, 2019 (the
25        effective date of Public Act 101-27) this amendatory
26        Act of the 101st General Assembly, the Department of

 

 

10100SB1557ham001- 45 -LRB101 08168 WGH 64593 a

1        State Police shall notify the Prisoner Review Board of
2        all such records that meet the criteria established in
3        paragraph (2)(A).
4                (i) The Prisoner Review Board shall notify the
5            State's Attorney of the county of conviction of
6            each record identified by State Police in
7            paragraph (2)(A) that is classified as a Class 4
8            felony. The State's Attorney may provide a written
9            objection to the Prisoner Review Board on the sole
10            basis that the record identified does not meet the
11            criteria established in paragraph (2)(A). Such an
12            objection must be filed within 60 days or by such
13            later date set by Prisoner Review Board in the
14            notice after the State's Attorney received notice
15            from the Prisoner Review Board.
16                (ii) In response to a written objection from a
17            State's Attorney, the Prisoner Review Board is
18            authorized to conduct a non-public hearing to
19            evaluate the information provided in the
20            objection.
21                (iii) The Prisoner Review Board shall make a
22            confidential and privileged recommendation to the
23            Governor as to whether to grant a pardon
24            authorizing expungement for each of the records
25            identified by the Department of State Police as
26            described in paragraph (2)(A).

 

 

10100SB1557ham001- 46 -LRB101 08168 WGH 64593 a

1            (C) If an individual has been granted a pardon
2        authorizing expungement as described in this Section,
3        the Prisoner Review Board, through the Attorney
4        General, shall file a petition for expungement with the
5        Chief Judge of the circuit or any judge of the circuit
6        designated by the Chief Judge where the individual had
7        been convicted. Such petition may include more than one
8        individual. Whenever an individual who has been
9        convicted of an offense is granted a pardon by the
10        Governor that specifically authorizes expungement, an
11        objection to the petition may not be filed. Petitions
12        to expunge under this subsection (i) may include more
13        than one individual. Within 90 days of the filing of
14        such a petition, the court shall enter an order
15        expunging the records of arrest from the official
16        records of the arresting authority and order that the
17        records of the circuit court clerk and the Department
18        of State Police be expunged and the name of the
19        defendant obliterated from the official index
20        requested to be kept by the circuit court clerk under
21        Section 16 of the Clerks of Courts Act in connection
22        with the arrest and conviction for the offense for
23        which the individual had received a pardon but the
24        order shall not affect any index issued by the circuit
25        court clerk before the entry of the order. Upon entry
26        of the order of expungement, the circuit court clerk

 

 

10100SB1557ham001- 47 -LRB101 08168 WGH 64593 a

1        shall promptly provide a copy of the order and a
2        certificate of disposition to the individual who was
3        pardoned to the individual's last known address or by
4        electronic means (if available) or otherwise make it
5        available to the individual who was pardoned to the
6        individual's last known address or otherwise make
7        available to the individual upon request.
8            (D) Nothing in this Section is intended to diminish
9        or abrogate any rights or remedies otherwise available
10        to the individual.
11        (3) Any individual may file a motion to vacate and
12    expunge a conviction for a misdemeanor or Class 4 felony
13    violation of Section 4 or Section 5 of the Cannabis Control
14    Act. Motions to vacate and expunge under this subsection
15    (i) may be filed with the circuit court, Chief Judge of a
16    judicial circuit or any judge of the circuit designated by
17    the Chief Judge. The circuit court clerk shall promptly
18    serve a copy of the motion to vacate and expunge, and any
19    supporting documentation, on the State's Attorney or
20    prosecutor charged with the duty of prosecuting the
21    offense. When considering such a motion to vacate and
22    expunge, a court shall consider the following: the reasons
23    to retain the records provided by law enforcement, the
24    petitioner's age, the petitioner's age at the time of
25    offense, the time since the conviction, and the specific
26    adverse consequences if denied. An individual may file such

 

 

10100SB1557ham001- 48 -LRB101 08168 WGH 64593 a

1    a petition after the completion of any non-financial
2    sentence or non-financial condition imposed by the
3    conviction. Within 60 days of the filing of such motion, a
4    State's Attorney may file an objection to such a petition
5    along with supporting evidence. If a motion to vacate and
6    expunge is granted, the records shall be expunged in
7    accordance with subparagraphs (d)(8) and sentence or
8    condition imposed by the conviction. Within 60 days of the
9    filing of such motion, a State's Attorney may file an
10    objection to such a petition along with supporting
11    evidence. If a motion to vacate and expunge is granted, the
12    records shall be expunged in accordance with subparagraph
13    (d)(9)(A) of this Section. An agency providing civil legal
14    aid, as defined by Section 15 of the Public Interest
15    Attorney Assistance Act, assisting individuals seeking to
16    file a motion to vacate and expunge under this subsection
17    may file motions to vacate and expunge with the Chief Judge
18    of a judicial circuit or any judge of the circuit
19    designated by the Chief Judge, and the motion may include
20    more than one individual. Motions filed by an agency
21    providing civil legal aid concerning more than one
22    individual may be prepared, presented, and signed
23    electronically.
24        (4) Any State's Attorney may file a motion to vacate
25    and expunge a conviction for a misdemeanor or Class 4
26    felony violation of Section 4 or Section 5 of the Cannabis

 

 

10100SB1557ham001- 49 -LRB101 08168 WGH 64593 a

1    Control Act. Motions to vacate and expunge under this
2    subsection (i) may be filed with the circuit court, Chief
3    Judge of a judicial circuit or any judge of the circuit
4    designated by the Chief Judge, and may include more than
5    one individual. Motions filed by a State's Attorney
6    concerning more than one individual may be prepared,
7    presented, and signed electronically. When considering
8    such a motion to vacate and expunge, a court shall consider
9    the following: the reasons to retain the records provided
10    by law enforcement, the individual's age, the individual's
11    age at the time of offense, the time since the conviction,
12    and the specific adverse consequences if denied. Upon entry
13    of an order granting a motion to vacate and expunge records
14    pursuant to this Section, the State's Attorney shall notify
15    the Prisoner Review Board within 30 days. Upon entry of the
16    order of expungement, the circuit court clerk shall
17    promptly provide a copy of the order and a certificate of
18    disposition to the individual whose records will be
19    expunged to the individual's last known address or by
20    electronic means (if available) or otherwise make
21    available to the individual upon request. If a motion to
22    vacate and expunge is granted, the records shall be
23    expunged in accordance with subparagraphs (d)(8) and
24    (d)(9)(A) of this Section. If the State's Attorney files a
25    motion to vacate and expunge records for Minor Cannabis
26    Offenses pursuant to this Section, the State's Attorney

 

 

10100SB1557ham001- 50 -LRB101 08168 WGH 64593 a

1    shall notify the Prisoner Review Board within 30 days of
2    such filing. If a motion to vacate and expunge is granted,
3    the records shall be expunged in accordance with
4    subparagraph (d)(9)(A) of this Section.
5        (5) In the public interest, the State's Attorney of a
6    county has standing to file motions to vacate and expunge
7    pursuant to this Section in the circuit court with
8    jurisdiction over the underlying conviction.
9        (6) If a person is arrested for a Minor Cannabis
10    Offense as defined in this Section before June 25, 2019
11    (the effective date of Public Act 101-27) this amendatory
12    Act of the 101st General Assembly and the person's case is
13    still pending but a sentence has not been imposed, the
14    person may petition the court in which the charges are
15    pending for an order to summarily dismiss those charges
16    against him or her, and expunge all official records of his
17    or her arrest, plea, trial, conviction, incarceration,
18    supervision, or expungement. If the court determines, upon
19    review, that: (A) the person was arrested before June 25,
20    2019 (the effective date of Public Act 101-27) this
21    amendatory Act of the 101st General Assembly for an offense
22    that has been made eligible for expungement; (B) the case
23    is pending at the time; and (C) the person has not been
24    sentenced of the minor cannabis violation eligible for
25    expungement under this subsection, the court shall
26    consider the following: the reasons to retain the records

 

 

10100SB1557ham001- 51 -LRB101 08168 WGH 64593 a

1    provided by law enforcement, the petitioner's age, the
2    petitioner's age at the time of offense, the time since the
3    conviction, and the specific adverse consequences if
4    denied. If a motion to dismiss and expunge is granted, the
5    records shall be expunged in accordance with subparagraph
6    (d)(9)(A) of this Section.
7        (7) A person imprisoned solely as a result of one or
8    more convictions for Minor Cannabis Offenses under this
9    subsection (i) shall be released from incarceration upon
10    the issuance of an order under this subsection.
11        (8) The Department of State Police shall allow a person
12    to use the access and review process, established in the
13    Department of State Police, for verifying that his or her
14    records relating to Minor Cannabis Offenses of the Cannabis
15    Control Act eligible under this Section have been expunged.
16        (9) No conviction vacated pursuant to this Section
17    shall serve as the basis for damages for time unjustly
18    served as provided in the Court of Claims Act.
19        (10) Effect of Expungement. A person's right to expunge
20    an expungeable offense shall not be limited under this
21    Section. The effect of an order of expungement shall be to
22    restore the person to the status he or she occupied before
23    the arrest, charge, or conviction.
24        (11) Information. The Department of State Police shall
25    post general information on its website about the
26    expungement process described in this subsection (i).

 

 

10100SB1557ham001- 52 -LRB101 08168 WGH 64593 a

1(Source: P.A. 100-201, eff. 8-18-17; 100-282, eff. 1-1-18;
2100-284, eff. 8-24-17; 100-287, eff. 8-24-17; 100-692, eff.
38-3-18; 100-759, eff. 1-1-19; 100-776, eff. 8-10-18; 100-863,
4eff. 8-14-18; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;
5101-159, eff. 1-1-20; 101-306, eff. 8-9-19; revised 9-25-19.)
 
6    Section 6. The Use Tax Act is amended by changing Section
73-10 as follows:
 
8    (35 ILCS 105/3-10)
9    Sec. 3-10. Rate of tax. Unless otherwise provided in this
10Section, the tax imposed by this Act is at the rate of 6.25% of
11either the selling price or the fair market value, if any, of
12the tangible personal property. In all cases where property
13functionally used or consumed is the same as the property that
14was purchased at retail, then the tax is imposed on the selling
15price of the property. In all cases where property functionally
16used or consumed is a by-product or waste product that has been
17refined, manufactured, or produced from property purchased at
18retail, then the tax is imposed on the lower of the fair market
19value, if any, of the specific property so used in this State
20or on the selling price of the property purchased at retail.
21For purposes of this Section "fair market value" means the
22price at which property would change hands between a willing
23buyer and a willing seller, neither being under any compulsion
24to buy or sell and both having reasonable knowledge of the

 

 

10100SB1557ham001- 53 -LRB101 08168 WGH 64593 a

1relevant facts. The fair market value shall be established by
2Illinois sales by the taxpayer of the same property as that
3functionally used or consumed, or if there are no such sales by
4the taxpayer, then comparable sales or purchases of property of
5like kind and character in Illinois.
6    Beginning on July 1, 2000 and through December 31, 2000,
7with respect to motor fuel, as defined in Section 1.1 of the
8Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
9the Use Tax Act, the tax is imposed at the rate of 1.25%.
10    Beginning on August 6, 2010 through August 15, 2010, with
11respect to sales tax holiday items as defined in Section 3-6 of
12this Act, the tax is imposed at the rate of 1.25%.
13    With respect to gasohol, the tax imposed by this Act
14applies to (i) 70% of the proceeds of sales made on or after
15January 1, 1990, and before July 1, 2003, (ii) 80% of the
16proceeds of sales made on or after July 1, 2003 and on or
17before July 1, 2017, and (iii) 100% of the proceeds of sales
18made thereafter. If, at any time, however, the tax under this
19Act on sales of gasohol is imposed at the rate of 1.25%, then
20the tax imposed by this Act applies to 100% of the proceeds of
21sales of gasohol made during that time.
22    With respect to majority blended ethanol fuel, the tax
23imposed by this Act does not apply to the proceeds of sales
24made on or after July 1, 2003 and on or before December 31,
252023 but applies to 100% of the proceeds of sales made
26thereafter.

 

 

10100SB1557ham001- 54 -LRB101 08168 WGH 64593 a

1    With respect to biodiesel blends with no less than 1% and
2no more than 10% biodiesel, the tax imposed by this Act applies
3to (i) 80% of the proceeds of sales made on or after July 1,
42003 and on or before December 31, 2018 and (ii) 100% of the
5proceeds of sales made thereafter. If, at any time, however,
6the tax under this Act on sales of biodiesel blends with no
7less than 1% and no more than 10% biodiesel is imposed at the
8rate of 1.25%, then the tax imposed by this Act applies to 100%
9of the proceeds of sales of biodiesel blends with no less than
101% and no more than 10% biodiesel made during that time.
11    With respect to 100% biodiesel and biodiesel blends with
12more than 10% but no more than 99% biodiesel, the tax imposed
13by this Act does not apply to the proceeds of sales made on or
14after July 1, 2003 and on or before December 31, 2023 but
15applies to 100% of the proceeds of sales made thereafter.
16    With respect to food for human consumption that is to be
17consumed off the premises where it is sold (other than
18alcoholic beverages, food consisting of or infused with adult
19use cannabis, soft drinks, and food that has been prepared for
20immediate consumption) and prescription and nonprescription
21medicines, drugs, medical appliances, products classified as
22Class III medical devices by the United States Food and Drug
23Administration that are used for cancer treatment pursuant to a
24prescription, as well as any accessories and components related
25to those devices, modifications to a motor vehicle for the
26purpose of rendering it usable by a person with a disability,

 

 

10100SB1557ham001- 55 -LRB101 08168 WGH 64593 a

1and insulin, urine testing materials, syringes, and needles
2used by diabetics, for human use, the tax is imposed at the
3rate of 1%. For the purposes of this Section, until September
41, 2009: the term "soft drinks" means any complete, finished,
5ready-to-use, non-alcoholic drink, whether carbonated or not,
6including but not limited to soda water, cola, fruit juice,
7vegetable juice, carbonated water, and all other preparations
8commonly known as soft drinks of whatever kind or description
9that are contained in any closed or sealed bottle, can, carton,
10or container, regardless of size; but "soft drinks" does not
11include coffee, tea, non-carbonated water, infant formula,
12milk or milk products as defined in the Grade A Pasteurized
13Milk and Milk Products Act, or drinks containing 50% or more
14natural fruit or vegetable juice.
15    Notwithstanding any other provisions of this Act,
16beginning September 1, 2009, "soft drinks" means non-alcoholic
17beverages that contain natural or artificial sweeteners. "Soft
18drinks" do not include beverages that contain milk or milk
19products, soy, rice or similar milk substitutes, or greater
20than 50% of vegetable or fruit juice by volume.
21    Until August 1, 2009, and notwithstanding any other
22provisions of this Act, "food for human consumption that is to
23be consumed off the premises where it is sold" includes all
24food sold through a vending machine, except soft drinks and
25food products that are dispensed hot from a vending machine,
26regardless of the location of the vending machine. Beginning

 

 

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1August 1, 2009, and notwithstanding any other provisions of
2this Act, "food for human consumption that is to be consumed
3off the premises where it is sold" includes all food sold
4through a vending machine, except soft drinks, candy, and food
5products that are dispensed hot from a vending machine,
6regardless of the location of the vending machine.
7    Notwithstanding any other provisions of this Act,
8beginning September 1, 2009, "food for human consumption that
9is to be consumed off the premises where it is sold" does not
10include candy. For purposes of this Section, "candy" means a
11preparation of sugar, honey, or other natural or artificial
12sweeteners in combination with chocolate, fruits, nuts or other
13ingredients or flavorings in the form of bars, drops, or
14pieces. "Candy" does not include any preparation that contains
15flour or requires refrigeration.
16    Notwithstanding any other provisions of this Act,
17beginning September 1, 2009, "nonprescription medicines and
18drugs" does not include grooming and hygiene products. For
19purposes of this Section, "grooming and hygiene products"
20includes, but is not limited to, soaps and cleaning solutions,
21shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
22lotions and screens, unless those products are available by
23prescription only, regardless of whether the products meet the
24definition of "over-the-counter-drugs". For the purposes of
25this paragraph, "over-the-counter-drug" means a drug for human
26use that contains a label that identifies the product as a drug

 

 

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1as required by 21 C.F.R. § 201.66. The "over-the-counter-drug"
2label includes:
3        (A) A "Drug Facts" panel; or
4        (B) A statement of the "active ingredient(s)" with a
5    list of those ingredients contained in the compound,
6    substance or preparation.
7    Beginning on the effective date of this amendatory Act of
8the 98th General Assembly, "prescription and nonprescription
9medicines and drugs" includes medical cannabis purchased from a
10registered dispensing organization under the Compassionate Use
11of Medical Cannabis Program Act.
12    As used in this Section, "adult use cannabis" means
13cannabis subject to tax under the Cannabis Cultivation
14Privilege Tax Law and the Cannabis Purchaser Excise Tax Law and
15does not include cannabis subject to tax under the
16Compassionate Use of Medical Cannabis Program Act.
17    If the property that is purchased at retail from a retailer
18is acquired outside Illinois and used outside Illinois before
19being brought to Illinois for use here and is taxable under
20this Act, the "selling price" on which the tax is computed
21shall be reduced by an amount that represents a reasonable
22allowance for depreciation for the period of prior out-of-state
23use.
24(Source: P.A. 100-22, eff. 7-6-17; 101-363, eff. 8-9-19.)
 
25    Section 7. The Service Use Tax Act is amended by changing

 

 

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1Section 3-10 as follows:
 
2    (35 ILCS 110/3-10)  (from Ch. 120, par. 439.33-10)
3    Sec. 3-10. Rate of tax. Unless otherwise provided in this
4Section, the tax imposed by this Act is at the rate of 6.25% of
5the selling price of tangible personal property transferred as
6an incident to the sale of service, but, for the purpose of
7computing this tax, in no event shall the selling price be less
8than the cost price of the property to the serviceman.
9    Beginning on July 1, 2000 and through December 31, 2000,
10with respect to motor fuel, as defined in Section 1.1 of the
11Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
12the Use Tax Act, the tax is imposed at the rate of 1.25%.
13    With respect to gasohol, as defined in the Use Tax Act, the
14tax imposed by this Act applies to (i) 70% of the selling price
15of property transferred as an incident to the sale of service
16on or after January 1, 1990, and before July 1, 2003, (ii) 80%
17of the selling price of property transferred as an incident to
18the sale of service on or after July 1, 2003 and on or before
19July 1, 2017, and (iii) 100% of the selling price thereafter.
20If, at any time, however, the tax under this Act on sales of
21gasohol, as defined in the Use Tax Act, is imposed at the rate
22of 1.25%, then the tax imposed by this Act applies to 100% of
23the proceeds of sales of gasohol made during that time.
24    With respect to majority blended ethanol fuel, as defined
25in the Use Tax Act, the tax imposed by this Act does not apply

 

 

10100SB1557ham001- 59 -LRB101 08168 WGH 64593 a

1to the selling price of property transferred as an incident to
2the sale of service on or after July 1, 2003 and on or before
3December 31, 2023 but applies to 100% of the selling price
4thereafter.
5    With respect to biodiesel blends, as defined in the Use Tax
6Act, with no less than 1% and no more than 10% biodiesel, the
7tax imposed by this Act applies to (i) 80% of the selling price
8of property transferred as an incident to the sale of service
9on or after July 1, 2003 and on or before December 31, 2018 and
10(ii) 100% of the proceeds of the selling price thereafter. If,
11at any time, however, the tax under this Act on sales of
12biodiesel blends, as defined in the Use Tax Act, with no less
13than 1% and no more than 10% biodiesel is imposed at the rate
14of 1.25%, then the tax imposed by this Act applies to 100% of
15the proceeds of sales of biodiesel blends with no less than 1%
16and no more than 10% biodiesel made during that time.
17    With respect to 100% biodiesel, as defined in the Use Tax
18Act, and biodiesel blends, as defined in the Use Tax Act, with
19more than 10% but no more than 99% biodiesel, the tax imposed
20by this Act does not apply to the proceeds of the selling price
21of property transferred as an incident to the sale of service
22on or after July 1, 2003 and on or before December 31, 2023 but
23applies to 100% of the selling price thereafter.
24    At the election of any registered serviceman made for each
25fiscal year, sales of service in which the aggregate annual
26cost price of tangible personal property transferred as an

 

 

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1incident to the sales of service is less than 35%, or 75% in
2the case of servicemen transferring prescription drugs or
3servicemen engaged in graphic arts production, of the aggregate
4annual total gross receipts from all sales of service, the tax
5imposed by this Act shall be based on the serviceman's cost
6price of the tangible personal property transferred as an
7incident to the sale of those services.
8    The tax shall be imposed at the rate of 1% on food prepared
9for immediate consumption and transferred incident to a sale of
10service subject to this Act or the Service Occupation Tax Act
11by an entity licensed under the Hospital Licensing Act, the
12Nursing Home Care Act, the ID/DD Community Care Act, the MC/DD
13Act, the Specialized Mental Health Rehabilitation Act of 2013,
14or the Child Care Act of 1969. The tax shall also be imposed at
15the rate of 1% on food for human consumption that is to be
16consumed off the premises where it is sold (other than
17alcoholic beverages, food consisting of or infused with adult
18use cannabis, soft drinks, and food that has been prepared for
19immediate consumption and is not otherwise included in this
20paragraph) and prescription and nonprescription medicines,
21drugs, medical appliances, products classified as Class III
22medical devices by the United States Food and Drug
23Administration that are used for cancer treatment pursuant to a
24prescription, as well as any accessories and components related
25to those devices, modifications to a motor vehicle for the
26purpose of rendering it usable by a person with a disability,

 

 

10100SB1557ham001- 61 -LRB101 08168 WGH 64593 a

1and insulin, urine testing materials, syringes, and needles
2used by diabetics, for human use. For the purposes of this
3Section, until September 1, 2009: the term "soft drinks" means
4any complete, finished, ready-to-use, non-alcoholic drink,
5whether carbonated or not, including but not limited to soda
6water, cola, fruit juice, vegetable juice, carbonated water,
7and all other preparations commonly known as soft drinks of
8whatever kind or description that are contained in any closed
9or sealed bottle, can, carton, or container, regardless of
10size; but "soft drinks" does not include coffee, tea,
11non-carbonated water, infant formula, milk or milk products as
12defined in the Grade A Pasteurized Milk and Milk Products Act,
13or drinks containing 50% or more natural fruit or vegetable
14juice.
15    Notwithstanding any other provisions of this Act,
16beginning September 1, 2009, "soft drinks" means non-alcoholic
17beverages that contain natural or artificial sweeteners. "Soft
18drinks" do not include beverages that contain milk or milk
19products, soy, rice or similar milk substitutes, or greater
20than 50% of vegetable or fruit juice by volume.
21    Until August 1, 2009, and notwithstanding any other
22provisions of this Act, "food for human consumption that is to
23be consumed off the premises where it is sold" includes all
24food sold through a vending machine, except soft drinks and
25food products that are dispensed hot from a vending machine,
26regardless of the location of the vending machine. Beginning

 

 

10100SB1557ham001- 62 -LRB101 08168 WGH 64593 a

1August 1, 2009, and notwithstanding any other provisions of
2this Act, "food for human consumption that is to be consumed
3off the premises where it is sold" includes all food sold
4through a vending machine, except soft drinks, candy, and food
5products that are dispensed hot from a vending machine,
6regardless of the location of the vending machine.
7    Notwithstanding any other provisions of this Act,
8beginning September 1, 2009, "food for human consumption that
9is to be consumed off the premises where it is sold" does not
10include candy. For purposes of this Section, "candy" means a
11preparation of sugar, honey, or other natural or artificial
12sweeteners in combination with chocolate, fruits, nuts or other
13ingredients or flavorings in the form of bars, drops, or
14pieces. "Candy" does not include any preparation that contains
15flour or requires refrigeration.
16    Notwithstanding any other provisions of this Act,
17beginning September 1, 2009, "nonprescription medicines and
18drugs" does not include grooming and hygiene products. For
19purposes of this Section, "grooming and hygiene products"
20includes, but is not limited to, soaps and cleaning solutions,
21shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
22lotions and screens, unless those products are available by
23prescription only, regardless of whether the products meet the
24definition of "over-the-counter-drugs". For the purposes of
25this paragraph, "over-the-counter-drug" means a drug for human
26use that contains a label that identifies the product as a drug

 

 

10100SB1557ham001- 63 -LRB101 08168 WGH 64593 a

1as required by 21 C.F.R. § 201.66. The "over-the-counter-drug"
2label includes:
3        (A) A "Drug Facts" panel; or
4        (B) A statement of the "active ingredient(s)" with a
5    list of those ingredients contained in the compound,
6    substance or preparation.
7    Beginning on January 1, 2014 (the effective date of Public
8Act 98-122), "prescription and nonprescription medicines and
9drugs" includes medical cannabis purchased from a registered
10dispensing organization under the Compassionate Use of Medical
11Cannabis Program Act.
12    As used in this Section, "adult use cannabis" means
13cannabis subject to tax under the Cannabis Cultivation
14Privilege Tax Law and the Cannabis Purchaser Excise Tax Law and
15does not include cannabis subject to tax under the
16Compassionate Use of Medical Cannabis Program Act.
17    If the property that is acquired from a serviceman is
18acquired outside Illinois and used outside Illinois before
19being brought to Illinois for use here and is taxable under
20this Act, the "selling price" on which the tax is computed
21shall be reduced by an amount that represents a reasonable
22allowance for depreciation for the period of prior out-of-state
23use.
24(Source: P.A. 100-22, eff. 7-6-17; 101-363, eff. 8-9-19.)
 
25    Section 8. The Service Occupation Tax Act is amended by

 

 

10100SB1557ham001- 64 -LRB101 08168 WGH 64593 a

1changing Section 3-10 as follows:
 
2    (35 ILCS 115/3-10)  (from Ch. 120, par. 439.103-10)
3    Sec. 3-10. Rate of tax. Unless otherwise provided in this
4Section, the tax imposed by this Act is at the rate of 6.25% of
5the "selling price", as defined in Section 2 of the Service Use
6Tax Act, of the tangible personal property. For the purpose of
7computing this tax, in no event shall the "selling price" be
8less than the cost price to the serviceman of the tangible
9personal property transferred. The selling price of each item
10of tangible personal property transferred as an incident of a
11sale of service may be shown as a distinct and separate item on
12the serviceman's billing to the service customer. If the
13selling price is not so shown, the selling price of the
14tangible personal property is deemed to be 50% of the
15serviceman's entire billing to the service customer. When,
16however, a serviceman contracts to design, develop, and produce
17special order machinery or equipment, the tax imposed by this
18Act shall be based on the serviceman's cost price of the
19tangible personal property transferred incident to the
20completion of the contract.
21    Beginning on July 1, 2000 and through December 31, 2000,
22with respect to motor fuel, as defined in Section 1.1 of the
23Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
24the Use Tax Act, the tax is imposed at the rate of 1.25%.
25    With respect to gasohol, as defined in the Use Tax Act, the

 

 

10100SB1557ham001- 65 -LRB101 08168 WGH 64593 a

1tax imposed by this Act shall apply to (i) 70% of the cost
2price of property transferred as an incident to the sale of
3service on or after January 1, 1990, and before July 1, 2003,
4(ii) 80% of the selling price of property transferred as an
5incident to the sale of service on or after July 1, 2003 and on
6or before July 1, 2017, and (iii) 100% of the cost price
7thereafter. If, at any time, however, the tax under this Act on
8sales of gasohol, as defined in the Use Tax Act, is imposed at
9the rate of 1.25%, then the tax imposed by this Act applies to
10100% of the proceeds of sales of gasohol made during that time.
11    With respect to majority blended ethanol fuel, as defined
12in the Use Tax Act, the tax imposed by this Act does not apply
13to the selling price of property transferred as an incident to
14the sale of service on or after July 1, 2003 and on or before
15December 31, 2023 but applies to 100% of the selling price
16thereafter.
17    With respect to biodiesel blends, as defined in the Use Tax
18Act, with no less than 1% and no more than 10% biodiesel, the
19tax imposed by this Act applies to (i) 80% of the selling price
20of property transferred as an incident to the sale of service
21on or after July 1, 2003 and on or before December 31, 2018 and
22(ii) 100% of the proceeds of the selling price thereafter. If,
23at any time, however, the tax under this Act on sales of
24biodiesel blends, as defined in the Use Tax Act, with no less
25than 1% and no more than 10% biodiesel is imposed at the rate
26of 1.25%, then the tax imposed by this Act applies to 100% of

 

 

10100SB1557ham001- 66 -LRB101 08168 WGH 64593 a

1the proceeds of sales of biodiesel blends with no less than 1%
2and no more than 10% biodiesel made during that time.
3    With respect to 100% biodiesel, as defined in the Use Tax
4Act, and biodiesel blends, as defined in the Use Tax Act, with
5more than 10% but no more than 99% biodiesel material, the tax
6imposed by this Act does not apply to the proceeds of the
7selling price of property transferred as an incident to the
8sale of service on or after July 1, 2003 and on or before
9December 31, 2023 but applies to 100% of the selling price
10thereafter.
11    At the election of any registered serviceman made for each
12fiscal year, sales of service in which the aggregate annual
13cost price of tangible personal property transferred as an
14incident to the sales of service is less than 35%, or 75% in
15the case of servicemen transferring prescription drugs or
16servicemen engaged in graphic arts production, of the aggregate
17annual total gross receipts from all sales of service, the tax
18imposed by this Act shall be based on the serviceman's cost
19price of the tangible personal property transferred incident to
20the sale of those services.
21    The tax shall be imposed at the rate of 1% on food prepared
22for immediate consumption and transferred incident to a sale of
23service subject to this Act or the Service Occupation Tax Act
24by an entity licensed under the Hospital Licensing Act, the
25Nursing Home Care Act, the ID/DD Community Care Act, the MC/DD
26Act, the Specialized Mental Health Rehabilitation Act of 2013,

 

 

10100SB1557ham001- 67 -LRB101 08168 WGH 64593 a

1or the Child Care Act of 1969. The tax shall also be imposed at
2the rate of 1% on food for human consumption that is to be
3consumed off the premises where it is sold (other than
4alcoholic beverages, food consisting of or infused with adult
5use cannabis, soft drinks, and food that has been prepared for
6immediate consumption and is not otherwise included in this
7paragraph) and prescription and nonprescription medicines,
8drugs, medical appliances, products classified as Class III
9medical devices by the United States Food and Drug
10Administration that are used for cancer treatment pursuant to a
11prescription, as well as any accessories and components related
12to those devices, modifications to a motor vehicle for the
13purpose of rendering it usable by a person with a disability,
14and insulin, urine testing materials, syringes, and needles
15used by diabetics, for human use. For the purposes of this
16Section, until September 1, 2009: the term "soft drinks" means
17any complete, finished, ready-to-use, non-alcoholic drink,
18whether carbonated or not, including but not limited to soda
19water, cola, fruit juice, vegetable juice, carbonated water,
20and all other preparations commonly known as soft drinks of
21whatever kind or description that are contained in any closed
22or sealed can, carton, or container, regardless of size; but
23"soft drinks" does not include coffee, tea, non-carbonated
24water, infant formula, milk or milk products as defined in the
25Grade A Pasteurized Milk and Milk Products Act, or drinks
26containing 50% or more natural fruit or vegetable juice.

 

 

10100SB1557ham001- 68 -LRB101 08168 WGH 64593 a

1    Notwithstanding any other provisions of this Act,
2beginning September 1, 2009, "soft drinks" means non-alcoholic
3beverages that contain natural or artificial sweeteners. "Soft
4drinks" do not include beverages that contain milk or milk
5products, soy, rice or similar milk substitutes, or greater
6than 50% of vegetable or fruit juice by volume.
7    Until August 1, 2009, and notwithstanding any other
8provisions of this Act, "food for human consumption that is to
9be consumed off the premises where it is sold" includes all
10food sold through a vending machine, except soft drinks and
11food products that are dispensed hot from a vending machine,
12regardless of the location of the vending machine. Beginning
13August 1, 2009, and notwithstanding any other provisions of
14this Act, "food for human consumption that is to be consumed
15off the premises where it is sold" includes all food sold
16through a vending machine, except soft drinks, candy, and food
17products that are dispensed hot from a vending machine,
18regardless of the location of the vending machine.
19    Notwithstanding any other provisions of this Act,
20beginning September 1, 2009, "food for human consumption that
21is to be consumed off the premises where it is sold" does not
22include candy. For purposes of this Section, "candy" means a
23preparation of sugar, honey, or other natural or artificial
24sweeteners in combination with chocolate, fruits, nuts or other
25ingredients or flavorings in the form of bars, drops, or
26pieces. "Candy" does not include any preparation that contains

 

 

10100SB1557ham001- 69 -LRB101 08168 WGH 64593 a

1flour or requires refrigeration.
2    Notwithstanding any other provisions of this Act,
3beginning September 1, 2009, "nonprescription medicines and
4drugs" does not include grooming and hygiene products. For
5purposes of this Section, "grooming and hygiene products"
6includes, but is not limited to, soaps and cleaning solutions,
7shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
8lotions and screens, unless those products are available by
9prescription only, regardless of whether the products meet the
10definition of "over-the-counter-drugs". For the purposes of
11this paragraph, "over-the-counter-drug" means a drug for human
12use that contains a label that identifies the product as a drug
13as required by 21 C.F.R. § 201.66. The "over-the-counter-drug"
14label includes:
15        (A) A "Drug Facts" panel; or
16        (B) A statement of the "active ingredient(s)" with a
17    list of those ingredients contained in the compound,
18    substance or preparation.
19    Beginning on January 1, 2014 (the effective date of Public
20Act 98-122), "prescription and nonprescription medicines and
21drugs" includes medical cannabis purchased from a registered
22dispensing organization under the Compassionate Use of Medical
23Cannabis Program Act.
24    As used in this Section, "adult use cannabis" means
25cannabis subject to tax under the Cannabis Cultivation
26Privilege Tax Law and the Cannabis Purchaser Excise Tax Law and

 

 

10100SB1557ham001- 70 -LRB101 08168 WGH 64593 a

1does not include cannabis subject to tax under the
2Compassionate Use of Medical Cannabis Program Act.
3(Source: P.A. 100-22, eff. 7-6-17; 101-363, eff. 8-9-19.)
 
4    Section 9. The Retailers' Occupation Tax Act is amended by
5changing Section 2-10 as follows:
 
6    (35 ILCS 120/2-10)
7    Sec. 2-10. Rate of tax. Unless otherwise provided in this
8Section, the tax imposed by this Act is at the rate of 6.25% of
9gross receipts from sales of tangible personal property made in
10the course of business.
11    Beginning on July 1, 2000 and through December 31, 2000,
12with respect to motor fuel, as defined in Section 1.1 of the
13Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
14the Use Tax Act, the tax is imposed at the rate of 1.25%.
15    Beginning on August 6, 2010 through August 15, 2010, with
16respect to sales tax holiday items as defined in Section 2-8 of
17this Act, the tax is imposed at the rate of 1.25%.
18    Within 14 days after the effective date of this amendatory
19Act of the 91st General Assembly, each retailer of motor fuel
20and gasohol shall cause the following notice to be posted in a
21prominently visible place on each retail dispensing device that
22is used to dispense motor fuel or gasohol in the State of
23Illinois: "As of July 1, 2000, the State of Illinois has
24eliminated the State's share of sales tax on motor fuel and

 

 

10100SB1557ham001- 71 -LRB101 08168 WGH 64593 a

1gasohol through December 31, 2000. The price on this pump
2should reflect the elimination of the tax." The notice shall be
3printed in bold print on a sign that is no smaller than 4
4inches by 8 inches. The sign shall be clearly visible to
5customers. Any retailer who fails to post or maintain a
6required sign through December 31, 2000 is guilty of a petty
7offense for which the fine shall be $500 per day per each
8retail premises where a violation occurs.
9    With respect to gasohol, as defined in the Use Tax Act, the
10tax imposed by this Act applies to (i) 70% of the proceeds of
11sales made on or after January 1, 1990, and before July 1,
122003, (ii) 80% of the proceeds of sales made on or after July
131, 2003 and on or before July 1, 2017, and (iii) 100% of the
14proceeds of sales made thereafter. If, at any time, however,
15the tax under this Act on sales of gasohol, as defined in the
16Use Tax Act, is imposed at the rate of 1.25%, then the tax
17imposed by this Act applies to 100% of the proceeds of sales of
18gasohol made during that time.
19    With respect to majority blended ethanol fuel, as defined
20in the Use Tax Act, the tax imposed by this Act does not apply
21to the proceeds of sales made on or after July 1, 2003 and on or
22before December 31, 2023 but applies to 100% of the proceeds of
23sales made thereafter.
24    With respect to biodiesel blends, as defined in the Use Tax
25Act, with no less than 1% and no more than 10% biodiesel, the
26tax imposed by this Act applies to (i) 80% of the proceeds of

 

 

10100SB1557ham001- 72 -LRB101 08168 WGH 64593 a

1sales made on or after July 1, 2003 and on or before December
231, 2018 and (ii) 100% of the proceeds of sales made
3thereafter. If, at any time, however, the tax under this Act on
4sales of biodiesel blends, as defined in the Use Tax Act, with
5no less than 1% and no more than 10% biodiesel is imposed at
6the rate of 1.25%, then the tax imposed by this Act applies to
7100% of the proceeds of sales of biodiesel blends with no less
8than 1% and no more than 10% biodiesel made during that time.
9    With respect to 100% biodiesel, as defined in the Use Tax
10Act, and biodiesel blends, as defined in the Use Tax Act, with
11more than 10% but no more than 99% biodiesel, the tax imposed
12by this Act does not apply to the proceeds of sales made on or
13after July 1, 2003 and on or before December 31, 2023 but
14applies to 100% of the proceeds of sales made thereafter.
15    With respect to food for human consumption that is to be
16consumed off the premises where it is sold (other than
17alcoholic beverages, food consisting of or infused with adult
18use cannabis, soft drinks, and food that has been prepared for
19immediate consumption) and prescription and nonprescription
20medicines, drugs, medical appliances, products classified as
21Class III medical devices by the United States Food and Drug
22Administration that are used for cancer treatment pursuant to a
23prescription, as well as any accessories and components related
24to those devices, modifications to a motor vehicle for the
25purpose of rendering it usable by a person with a disability,
26and insulin, urine testing materials, syringes, and needles

 

 

10100SB1557ham001- 73 -LRB101 08168 WGH 64593 a

1used by diabetics, for human use, the tax is imposed at the
2rate of 1%. For the purposes of this Section, until September
31, 2009: the term "soft drinks" means any complete, finished,
4ready-to-use, non-alcoholic drink, whether carbonated or not,
5including but not limited to soda water, cola, fruit juice,
6vegetable juice, carbonated water, and all other preparations
7commonly known as soft drinks of whatever kind or description
8that are contained in any closed or sealed bottle, can, carton,
9or container, regardless of size; but "soft drinks" does not
10include coffee, tea, non-carbonated water, infant formula,
11milk or milk products as defined in the Grade A Pasteurized
12Milk and Milk Products Act, or drinks containing 50% or more
13natural fruit or vegetable juice.
14    Notwithstanding any other provisions of this Act,
15beginning September 1, 2009, "soft drinks" means non-alcoholic
16beverages that contain natural or artificial sweeteners. "Soft
17drinks" do not include beverages that contain milk or milk
18products, soy, rice or similar milk substitutes, or greater
19than 50% of vegetable or fruit juice by volume.
20    Until August 1, 2009, and notwithstanding any other
21provisions of this Act, "food for human consumption that is to
22be consumed off the premises where it is sold" includes all
23food sold through a vending machine, except soft drinks and
24food products that are dispensed hot from a vending machine,
25regardless of the location of the vending machine. Beginning
26August 1, 2009, and notwithstanding any other provisions of

 

 

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1this Act, "food for human consumption that is to be consumed
2off the premises where it is sold" includes all food sold
3through a vending machine, except soft drinks, candy, and food
4products that are dispensed hot from a vending machine,
5regardless of the location of the vending machine.
6    Notwithstanding any other provisions of this Act,
7beginning September 1, 2009, "food for human consumption that
8is to be consumed off the premises where it is sold" does not
9include candy. For purposes of this Section, "candy" means a
10preparation of sugar, honey, or other natural or artificial
11sweeteners in combination with chocolate, fruits, nuts or other
12ingredients or flavorings in the form of bars, drops, or
13pieces. "Candy" does not include any preparation that contains
14flour or requires refrigeration.
15    Notwithstanding any other provisions of this Act,
16beginning September 1, 2009, "nonprescription medicines and
17drugs" does not include grooming and hygiene products. For
18purposes of this Section, "grooming and hygiene products"
19includes, but is not limited to, soaps and cleaning solutions,
20shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
21lotions and screens, unless those products are available by
22prescription only, regardless of whether the products meet the
23definition of "over-the-counter-drugs". For the purposes of
24this paragraph, "over-the-counter-drug" means a drug for human
25use that contains a label that identifies the product as a drug
26as required by 21 C.F.R. § 201.66. The "over-the-counter-drug"

 

 

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1label includes:
2        (A) A "Drug Facts" panel; or
3        (B) A statement of the "active ingredient(s)" with a
4    list of those ingredients contained in the compound,
5    substance or preparation.
6    Beginning on the effective date of this amendatory Act of
7the 98th General Assembly, "prescription and nonprescription
8medicines and drugs" includes medical cannabis purchased from a
9registered dispensing organization under the Compassionate Use
10of Medical Cannabis Program Act.
11    As used in this Section, "adult use cannabis" means
12cannabis subject to tax under the Cannabis Cultivation
13Privilege Tax Law and the Cannabis Purchaser Excise Tax Law and
14does not include cannabis subject to tax under the
15Compassionate Use of Medical Cannabis Program Act.
16(Source: P.A. 100-22, eff. 7-6-17; 101-363, eff. 8-9-19.)
 
17    Section 10. The Tobacco Products Tax Act of 1995 is amended
18by changing Section 10-5 as follows:
 
19    (35 ILCS 143/10-5)
20    Sec. 10-5. Definitions. For purposes of this Act:
21    "Business" means any trade, occupation, activity, or
22enterprise engaged in, at any location whatsoever, for the
23purpose of selling tobacco products.
24    "Cigarette" has the meaning ascribed to the term in Section

 

 

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11 of the Cigarette Tax Act.
2    "Contraband little cigar" means:
3        (1) packages of little cigars containing 20 or 25
4    little cigars that do not bear a required tax stamp under
5    this Act;
6        (2) packages of little cigars containing 20 or 25
7    little cigars that bear a fraudulent, imitation, or
8    counterfeit tax stamp;
9        (3) packages of little cigars containing 20 or 25
10    little cigars that are improperly tax stamped, including
11    packages of little cigars that bear only a tax stamp of
12    another state or taxing jurisdiction; or
13        (4) packages of little cigars containing other than 20
14    or 25 little cigars in the possession of a distributor,
15    retailer or wholesaler, unless the distributor, retailer,
16    or wholesaler possesses, or produces within the time frame
17    provided in Section 10-27 or 10-28 of this Act, an invoice
18    from a stamping distributor, distributor, or wholesaler
19    showing that the tax on the packages has been or will be
20    paid.
21    "Correctional Industries program" means a program run by a
22State penal institution in which residents of the penal
23institution produce tobacco products for sale to persons
24incarcerated in penal institutions or resident patients of a
25State operated mental health facility.
26    "Department" means the Illinois Department of Revenue.

 

 

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1    "Distributor" means any of the following:
2        (1) Any manufacturer or wholesaler in this State
3    engaged in the business of selling tobacco products who
4    sells, exchanges, or distributes tobacco products to
5    retailers or consumers in this State.
6        (2) Any manufacturer or wholesaler engaged in the
7    business of selling tobacco products from without this
8    State who sells, exchanges, distributes, ships, or
9    transports tobacco products to retailers or consumers
10    located in this State, so long as that manufacturer or
11    wholesaler has or maintains within this State, directly or
12    by subsidiary, an office, sales house, or other place of
13    business, or any agent or other representative operating
14    within this State under the authority of the person or
15    subsidiary, irrespective of whether the place of business
16    or agent or other representative is located here
17    permanently or temporarily.
18        (3) Any retailer who receives tobacco products on which
19    the tax has not been or will not be paid by another
20    distributor.
21    "Distributor" does not include any person, wherever
22resident or located, who makes, manufactures, or fabricates
23tobacco products as part of a Correctional Industries program
24for sale to residents incarcerated in penal institutions or
25resident patients of a State operated mental health facility.
26    "Electronic cigarette" means:

 

 

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1        (1) any device that employs a battery or other
2    mechanism to heat a solution or substance to produce a
3    vapor or aerosol intended for inhalation;
4        (2) any cartridge or container of a solution or
5    substance intended to be used with or in the device or to
6    refill the device; or
7        (3) any solution or substance, whether or not it
8    contains nicotine, intended for use in the device.
9    "Electronic cigarette" includes, but is not limited to, any
10electronic nicotine delivery system, electronic cigar,
11electronic cigarillo, electronic pipe, electronic hookah, vape
12pen, or similar product or device, and any component or part
13that can be used to build the product or device. "Electronic
14cigarette" does not include: cigarettes, as defined in Section
151 of the Cigarette Tax Act; any product approved by the United
16States Food and Drug Administration for sale as a tobacco
17cessation product, a tobacco dependence product, or for other
18medical purposes that is marketed and sold solely for that
19approved purpose; any asthma inhaler prescribed by a physician
20for that condition that is marketed and sold solely for that
21approved purpose; or any therapeutic product approved for use
22under the Compassionate Use of Medical Cannabis Pilot Program
23Act.
24    "Little cigar" means and includes any roll, made wholly or
25in part of tobacco, where such roll has an integrated cellulose
26acetate filter and weighs less than 4 pounds per thousand and

 

 

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1the wrapper or cover of which is made in whole or in part of
2tobacco.
3    "Manufacturer" means any person, wherever resident or
4located, who manufactures and sells tobacco products, except a
5person who makes, manufactures, or fabricates tobacco products
6as a part of a Correctional Industries program for sale to
7persons incarcerated in penal institutions or resident
8patients of a State operated mental health facility.
9    Beginning on January 1, 2013, "moist snuff" means any
10finely cut, ground, or powdered tobacco that is not intended to
11be smoked, but shall not include any finely cut, ground, or
12powdered tobacco that is intended to be placed in the nasal
13cavity.
14    "Person" means any natural individual, firm, partnership,
15association, joint stock company, joint venture, limited
16liability company, or public or private corporation, however
17formed, or a receiver, executor, administrator, trustee,
18conservator, or other representative appointed by order of any
19court.
20    "Place of business" means and includes any place where
21tobacco products are sold or where tobacco products are
22manufactured, stored, or kept for the purpose of sale or
23consumption, including any vessel, vehicle, airplane, train,
24or vending machine.
25    "Retailer" means any person in this State engaged in the
26business of selling tobacco products to consumers in this

 

 

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1State, regardless of quantity or number of sales.
2    "Sale" means any transfer, exchange, or barter in any
3manner or by any means whatsoever for a consideration and
4includes all sales made by persons.
5    "Stamp" or "stamps" mean the indicia required to be affixed
6on a package of little cigars that evidence payment of the tax
7on packages of little cigars containing 20 or 25 little cigars
8under Section 10-10 of this Act. These stamps shall be the same
9stamps used for cigarettes under the Cigarette Tax Act.
10    "Stamping distributor" means a distributor licensed under
11this Act and also licensed as a distributor under the Cigarette
12Tax Act or Cigarette Use Tax Act.
13    "Tobacco products" means any cigars, including little
14cigars; cheroots; stogies; periques; granulated, plug cut,
15crimp cut, ready rubbed, and other smoking tobacco; snuff
16(including moist snuff) or snuff flour; cavendish; plug and
17twist tobacco; fine-cut and other chewing tobaccos; shorts;
18refuse scraps, clippings, cuttings, and sweeping of tobacco;
19and other kinds and forms of tobacco, prepared in such manner
20as to be suitable for chewing or smoking in a pipe or
21otherwise, or both for chewing and smoking; but does not
22include cigarettes as defined in Section 1 of the Cigarette Tax
23Act or tobacco purchased for the manufacture of cigarettes by
24cigarette distributors and manufacturers defined in the
25Cigarette Tax Act and persons who make, manufacture, or
26fabricate cigarettes as a part of a Correctional Industries

 

 

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1program for sale to residents incarcerated in penal
2institutions or resident patients of a State operated mental
3health facility.
4    Beginning on July 1, 2019, "tobacco products" also includes
5electronic cigarettes.
6    "Wholesale price" means the established list price for
7which a manufacturer sells tobacco products to a distributor,
8before the allowance of any discount, trade allowance, rebate,
9or other reduction. In the absence of such an established list
10price, the manufacturer's invoice price at which the
11manufacturer sells the tobacco product to unaffiliated
12distributors, before any discounts, trade allowances, rebates,
13or other reductions, shall be presumed to be the wholesale
14price.
15    "Wholesaler" means any person, wherever resident or
16located, engaged in the business of selling tobacco products to
17others for the purpose of resale. "Wholesaler", when used in
18this Act, does not include a person licensed as a distributor
19under Section 10-20 of this Act unless expressly stated in this
20Act.
21(Source: P.A. 101-31, eff. 6-28-19.)
 
22    Section 15. The Counties Code is amended by changing
23Section 5-1006.8 as follows:
 
24    (55 ILCS 5/5-1006.8)

 

 

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1    Sec. 5-1006.8. County Cannabis Retailers' Occupation Tax
2Law.
3    (a) This Section may be referred to as the County Cannabis
4Retailers' Occupation Tax Law. The On and after January 1,
52020, the corporate authorities of any county may, by
6ordinance, impose a tax upon all persons engaged in the
7business of selling cannabis, other than cannabis purchased
8under the Compassionate Use of Medical Cannabis Pilot Program
9Act, at retail in the county on the gross receipts from these
10sales made in the course of that business. If imposed, the tax
11shall be imposed only in 0.25% increments. The tax rate may not
12exceed: (i) 3.75% of the gross receipts of sales made in
13unincorporated areas of the county; and (ii) 3% of the gross
14receipts of sales made in a municipality located in the county.
15The tax imposed under this Section and all civil penalties that
16may be assessed as an incident of the tax shall be collected
17and enforced by the Department of Revenue. The Department of
18Revenue shall have full power to administer and enforce this
19Section; to collect all taxes and penalties due hereunder; to
20dispose of taxes and penalties so collected in the manner
21hereinafter provided; and to determine all rights to credit
22memoranda arising on account of the erroneous payment of tax or
23penalty under this Section. In the administration of and
24compliance with this Section, the Department of Revenue and
25persons who are subject to this Section shall have the same
26rights, remedies, privileges, immunities, powers and duties,

 

 

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1and be subject to the same conditions, restrictions,
2limitations, penalties, and definitions of terms, and employ
3the same modes of procedure, as are described in Sections 1,
41a, 1d, 1e, 1f, 1i, 1j, 1k, 1m, 1n, 2 through 2-65 (in respect
5to all provisions therein other than the State rate of tax),
62a, 2b, 2c, 2i, 3 (except as to the disposition of taxes and
7penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i,
85j, 5k, 5l, 6, 6a, 6bb, 6c, 6d, 7 8, 8, 9, 10, 11, 11a, 12, and
913 of the Retailers' Occupation Tax Act and Section 3-7 of the
10Uniform Penalty and Interest Act as fully as if those
11provisions were set forth in this Section.
12    (b) Persons subject to any tax imposed under the authority
13granted in this Section may reimburse themselves for their
14seller's tax liability hereunder by separately stating that tax
15as an additional charge, which charge may be stated in
16combination, in a single amount, with any State tax that
17sellers are required to collect.
18    (c) Whenever the Department of Revenue determines that a
19refund should be made under this Section to a claimant instead
20of issuing a credit memorandum, the Department of Revenue shall
21notify the State Comptroller, who shall cause the order to be
22drawn for the amount specified and to the person named in the
23notification from the Department of Revenue.
24    (d) The Department of Revenue shall immediately pay over to
25the State Treasurer, ex officio, as trustee, all taxes and
26penalties collected hereunder for deposit into the Local

 

 

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1Cannabis Retailers' Occupation Consumer Excise Tax Trust Fund.
2    (e) On or before the 25th day of each calendar month, the
3Department of Revenue shall prepare and certify to the
4Comptroller the amount of money to be disbursed from the Local
5Cannabis Retailers' Occupation Consumer Excise Tax Trust Fund
6to counties from which retailers have paid taxes or penalties
7under this Section during the second preceding calendar month.
8The amount to be paid to each county shall be the amount (not
9including credit memoranda) collected under this Section from
10sales made in the county during the second preceding calendar
11month, plus an amount the Department of Revenue determines is
12necessary to offset any amounts that were erroneously paid to a
13different taxing body, and not including an amount equal to the
14amount of refunds made during the second preceding calendar
15month by the Department on behalf of such county, and not
16including any amount that the Department determines is
17necessary to offset any amounts that were payable to a
18different taxing body but were erroneously paid to the county,
19less 1.5% of the remainder, which the Department shall transfer
20into the Tax Compliance and Administration Fund. The
21Department, at the time of each monthly disbursement to the
22counties, shall prepare and certify the State Comptroller the
23amount to be transferred into the Tax Compliance and
24Administration Fund under this Section. Within 10 days after
25receipt by the Comptroller of the disbursement certification to
26the counties and the Tax Compliance and Administration Fund

 

 

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1provided for in this Section to be given to the Comptroller by
2the Department, the Comptroller shall cause the orders to be
3drawn for the respective amounts in accordance with the
4directions contained in the certification.
5    (f) An ordinance or resolution imposing or discontinuing a
6tax under this Section or effecting a change in the rate
7thereof that is shall be adopted on or after June 25, 2019 (the
8effective date of Public Act 101-27) and for which a certified
9copy is thereof filed with the Department on or before April 1,
102020 shall be administered and enforced by the Department
11beginning on July 1, 2020. For ordinances filed with the
12Department after April 1, 2020, an ordinance or resolution
13imposing or discontinuing a tax under this Section or effecting
14a change in the rate thereof shall either (i) be adopted and a
15certified copy thereof filed with the Department on or before
16the first day of April, whereupon the Department shall proceed
17to administer and enforce this Section as of the first day of
18July next following the adoption and filing; or (ii) be adopted
19and a certified copy thereof filed with the Department on or
20before the first day of October, whereupon the Department shall
21proceed to administer and enforce this Section as of the first
22day of January the first day of June, whereupon the Department
23shall proceed to administer and enforce this Section as of the
24first day of September next following the adoption and filing.
25(Source: P.A. 101-27, eff. 6-25-19; 101-363, eff. 8-9-19.)
 

 

 

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1    Section 20. The Illinois Municipal Code is amended by
2changing and renumbering Section 8-11-22, as added by Public
3Act 101-27, and by changing Section 8-11-6a as follows:
 
4    (65 ILCS 5/8-11-6a)  (from Ch. 24, par. 8-11-6a)
5    Sec. 8-11-6a. Home rule municipalities; preemption of
6certain taxes. Except as provided in Sections 8-11-1, 8-11-5,
78-11-6, 8-11-6b, 8-11-6c, 8-11-23 8-11-22, and 11-74.3-6 on and
8after September 1, 1990, no home rule municipality has the
9authority to impose, pursuant to its home rule authority, a
10retailer's occupation tax, service occupation tax, use tax,
11sales tax or other tax on the use, sale or purchase of tangible
12personal property based on the gross receipts from such sales
13or the selling or purchase price of said tangible personal
14property. Notwithstanding the foregoing, this Section does not
15preempt any home rule imposed tax such as the following: (1) a
16tax on alcoholic beverages, whether based on gross receipts,
17volume sold or any other measurement; (2) a tax based on the
18number of units of cigarettes or tobacco products (provided,
19however, that a home rule municipality that has not imposed a
20tax based on the number of units of cigarettes or tobacco
21products before July 1, 1993, shall not impose such a tax after
22that date); (3) a tax, however measured, based on the use of a
23hotel or motel room or similar facility; (4) a tax, however
24measured, on the sale or transfer of real property; (5) a tax,
25however measured, on lease receipts; (6) a tax on food prepared

 

 

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1for immediate consumption and on alcoholic beverages sold by a
2business which provides for on premise consumption of said food
3or alcoholic beverages; or (7) other taxes not based on the
4selling or purchase price or gross receipts from the use, sale
5or purchase of tangible personal property. This Section does
6not preempt a home rule municipality with a population of more
7than 2,000,000 from imposing a tax, however measured, on the
8use, for consideration, of a parking lot, garage, or other
9parking facility. This Section is not intended to affect any
10existing tax on food and beverages prepared for immediate
11consumption on the premises where the sale occurs, or any
12existing tax on alcoholic beverages, or any existing tax
13imposed on the charge for renting a hotel or motel room, which
14was in effect January 15, 1988, or any extension of the
15effective date of such an existing tax by ordinance of the
16municipality imposing the tax, which extension is hereby
17authorized, in any non-home rule municipality in which the
18imposition of such a tax has been upheld by judicial
19determination, nor is this Section intended to preempt the
20authority granted by Public Act 85-1006. On and after December
211, 2019, no home rule municipality has the authority to impose,
22pursuant to its home rule authority, a tax, however measured,
23on sales of aviation fuel, as defined in Section 3 of the
24Retailers' Occupation Tax Act, unless the tax is not subject to
25the revenue use requirements of 49 U.S.C. 47107(b) 47017(b) and
2649 U.S.C. 47133, or unless the tax revenue is expended for

 

 

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1airport-related purposes. For purposes of this Section,
2"airport-related purposes" has the meaning ascribed in Section
36z-20.2 of the State Finance Act. Aviation fuel shall be
4excluded from tax only if, and for so long as, the revenue use
5requirements of 49 U.S.C. 47107(b) 47017(b) and 49 U.S.C. 47133
6are binding on the municipality. This Section is a limitation,
7pursuant to subsection (g) of Section 6 of Article VII of the
8Illinois Constitution, on the power of home rule units to tax.
9The changes made to this Section by Public Act 101-10 this
10amendatory Act of the 101st General Assembly are a denial and
11limitation of home rule powers and functions under subsection
12(g) of Section 6 of Article VII of the Illinois Constitution.
13(Source: P.A. 101-10, eff. 6-5-19; 101-27, eff. 6-25-19;
14revised 8-19-19.)
 
15    (65 ILCS 5/8-11-23)
16    Sec. 8-11-23 8-11-22. Municipal Cannabis Retailers'
17Occupation Tax Law.
18    (a) This Section may be referred to as the Municipal
19Cannabis Retailers' Occupation Tax Law. The On and after
20January 1, 2020, the corporate authorities of any municipality
21may, by ordinance, impose a tax upon all persons engaged in the
22business of selling cannabis, other than cannabis purchased
23under the Compassionate Use of Medical Cannabis Pilot Program
24Act, at retail in the municipality on the gross receipts from
25these sales made in the course of that business. If imposed,

 

 

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1the tax may not exceed 3% of the gross receipts from these
2sales and shall only be imposed in 1/4% increments. The tax
3imposed under this Section and all civil penalties that may be
4assessed as an incident of the tax shall be collected and
5enforced by the Department of Revenue. The Department of
6Revenue shall have full power to administer and enforce this
7Section; to collect all taxes and penalties due hereunder; to
8dispose of taxes and penalties so collected in the manner
9hereinafter provided; and to determine all rights to credit
10memoranda arising on account of the erroneous payment of tax or
11penalty under this Section. In the administration of and
12compliance with this Section, the Department and persons who
13are subject to this Section shall have the same rights,
14remedies, privileges, immunities, powers and duties, and be
15subject to the same conditions, restrictions, limitations,
16penalties and definitions of terms, and employ the same modes
17of procedure, as are prescribed in Sections 1, 1a, 1d, 1e, 1f,
181i, 1j, 1k, 1m, 1n, 2 through 2-65 (in respect to all
19provisions therein other than the State rate of tax), 2a, 2b,
202c, 2i, 3 (except as to the disposition of taxes and penalties
21collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k,
225l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 11a, 12, and 13 of the
23Retailers' Occupation Tax Act and Section 3-7 of the Uniform
24Penalty and Interest Act, as fully as if those provisions were
25set forth herein.
26    (b) Persons subject to any tax imposed under the authority

 

 

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1granted in this Section may reimburse themselves for their
2seller's tax liability hereunder by separately stating that tax
3as an additional charge, which charge may be stated in
4combination, in a single amount, with any State tax that
5sellers are required to collect.
6    (c) Whenever the Department of Revenue determines that a
7refund should be made under this Section to a claimant instead
8of issuing a credit memorandum, the Department of Revenue shall
9notify the State Comptroller, who shall cause the order to be
10drawn for the amount specified and to the person named in the
11notification from the Department of Revenue.
12    (d) The Department of Revenue shall immediately pay over to
13the State Treasurer, ex officio, as trustee, all taxes and
14penalties collected hereunder for deposit into the Local
15Cannabis Retailers' Occupation Tax Trust Regulation Fund.
16    (e) On or before the 25th day of each calendar month, the
17Department of Revenue shall prepare and certify to the
18Comptroller the amount of money to be disbursed from the Local
19Cannabis Retailers' Occupation Consumer Excise Tax Trust Fund
20to municipalities from which retailers have paid taxes or
21penalties under this Section during the second preceding
22calendar month. The amount to be paid to each municipality
23shall be the amount (not including credit memoranda) collected
24under this Section from sales made in the municipality during
25the second preceding calendar month, plus an amount the
26Department of Revenue determines is necessary to offset any

 

 

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1amounts that were erroneously paid to a different taxing body,
2and not including an amount equal to the amount of refunds made
3during the second preceding calendar month by the Department on
4behalf of such municipality, and not including any amount that
5the Department determines is necessary to offset any amounts
6that were payable to a different taxing body but were
7erroneously paid to the municipality, less 1.5% of the
8remainder, which the Department shall transfer into the Tax
9Compliance and Administration Fund. The Department, at the time
10of each monthly disbursement to the municipalities, shall
11prepare and certify to the State Comptroller the amount to be
12transferred into the Tax Compliance and Administration Fund
13under this Section. Within 10 days after receipt by the
14Comptroller of the disbursement certification to the
15municipalities and the Tax Compliance and Administration Fund
16provided for in this Section to be given to the Comptroller by
17the Department, the Comptroller shall cause the orders to be
18drawn for the respective amounts in accordance with the
19directions contained in the certification.
20    (f) An ordinance or resolution imposing or discontinuing a
21tax under this Section or effecting a change in the rate
22thereof that is shall be adopted on or after June 25, 2019 (the
23effective date of Public Act 101-27) and for which a certified
24copy is thereof filed with the Department on or before April 1,
252020 shall be administered and enforced by the Department
26beginning on July 1, 2020. For ordinances filed with the

 

 

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1Department after April 1, 2020, an ordinance or resolution
2imposing or discontinuing a tax under this Section or effecting
3a change in the rate thereof shall either (i) be adopted and a
4certified copy thereof filed with the Department on or before
5the first day of April, whereupon the Department shall proceed
6to administer and enforce this Section as of the first day of
7July next following the adoption and filing; or (ii) be adopted
8and a certified copy thereof filed with the Department on or
9before the first day of October, whereupon the Department shall
10proceed to administer and enforce this Section as of the first
11day of January the first day of June, whereupon the Department
12shall proceed to administer and enforce this Section as of the
13first day of September next following the adoption and filing.
14(Source: P.A. 101-27, eff. 6-25-19; revised 9-17-19.)
 
15    Section 21. The Savings Bank Act is amended by changing
16Section 9002 as follows:
 
17    (205 ILCS 205/9002)  (from Ch. 17, par. 7309-2)
18    Sec. 9002. Powers of Secretary.
19    (a) The Secretary shall have the following powers and
20duties:
21        (1) To exercise the rights, powers, and duties set
22    forth in this Act or in any related Act.
23        (2) To establish regulations as may be reasonable or
24    necessary to accomplish the purposes of this Act.

 

 

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1        (3) To make an annual report regarding the work of his
2    or her office under this Act as he may consider desirable
3    to the Governor, or as the Governor may request.
4        (4) To cause a suit to be filed in his or her name to
5    enforce any law of this State that applies to savings
6    banks, their service corporations, subsidiaries,
7    affiliates, or holding companies operating under this Act,
8    including the enforcement of any obligation of the
9    officers, directors, agents, or employees of any savings
10    bank.
11        (5) To prescribe a uniform manner in which the books
12    and records of every savings bank are to be maintained.
13        (6) To establish a reasonable fee structure for savings
14    banks and holding companies operating under this Act and
15    for their service corporations and subsidiaries. The fees
16    shall include, but not be limited to, annual fees,
17    application fees, regular and special examination fees,
18    and other fees as the Secretary establishes and
19    demonstrates to be directly resultant from the Secretary's
20    responsibilities under this Act and as are directly
21    attributable to individual entities operating under this
22    Act. The aggregate of all moneys collected by the Secretary
23    on and after the effective date of this Act shall be paid
24    promptly after receipt of the same, accompanied by a
25    detailed statement thereof, into the Savings Bank
26    Regulatory Fund established under Section 9002.1 of this

 

 

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1    Act. Nothing in this Act shall prevent continuing the
2    practice of paying expenses involving salaries,
3    retirement, social security, and State-paid insurance of
4    State officers by appropriation from the General Revenue
5    Fund. The Secretary may require payment of the fees under
6    this Act by an electronic transfer of funds or an automatic
7    debit of an account of each of the savings banks.
8    (b) Notwithstanding the provisions of subsection (a), the
9Secretary shall not:
10        (1) issue an order against a savings bank or holding
11    company organized under this Act for unsafe or unsound
12    banking practices solely because the entity provides or has
13    provided financial services to a cannabis-related
14    legitimate business;
15        (2) prohibit, penalize, or otherwise discourage a
16    savings bank or holding company organized under this Act
17    from providing financial services to a cannabis-related
18    legitimate business solely because the entity provides or
19    has provided financial services to a cannabis-related
20    legitimate business;
21        (3) recommend, incentivize, or encourage a savings
22    bank or holding company organized under this Act not to
23    offer financial services to an account holder or to
24    downgrade or cancel the financial services offered to an
25    account holder solely because:
26            (A) the account holder is a manufacturer or

 

 

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1        producer, or is the owner, operator, or employee of, a
2        cannabis-related legitimate business;
3            (B) the account holder later becomes an owner or
4        operator of a cannabis-related legitimate business; or
5            (C) the savings bank or holding company organized
6        under this Act was not aware that the account holder is
7        the owner or operator of a cannabis-related legitimate
8        business; or
9        (4) take any adverse or corrective supervisory action
10    on a loan made to an owner or operator of:
11            (A) a cannabis-related legitimate business solely
12        because the owner or operator owns or operates a
13        cannabis-related legitimate business; or
14            (B) real estate or equipment that is leased to a
15        cannabis-related legitimate business solely because
16        the owner or operator of the real estate or equipment
17        leased the equipment or real estate to a
18        cannabis-related legitimate business.
19(Source: P.A. 97-492, eff. 1-1-12; 98-1081, eff. 1-1-15.)
 
20    Section 23. The Smoke Free Illinois Act is amended by
21changing Section 35 as follows:
 
22    (410 ILCS 82/35)
23    Sec. 35. Exemptions. Notwithstanding any other provision
24of this Act, smoking is allowed in the following areas:

 

 

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1        (1) Private residences or dwelling places, except when
2    used as a child care, adult day care, or healthcare
3    facility or any other home-based business open to the
4    public.
5        (2) Retail tobacco stores as defined in Section 10 of
6    this Act in operation prior to the effective date of this
7    amendatory Act of the 95th General Assembly. The retail
8    tobacco store shall annually file with the Department by
9    January 31st an affidavit stating the percentage of its
10    gross income during the prior calendar year that was
11    derived from the sale of loose tobacco, plants, or herbs
12    and cigars, cigarettes, pipes, or other smoking devices for
13    smoking tobacco and related smoking accessories. Any
14    retail tobacco store that begins operation after the
15    effective date of this amendatory Act may only qualify for
16    an exemption if located in a freestanding structure
17    occupied solely by the business and smoke from the business
18    does not migrate into an enclosed area where smoking is
19    prohibited. A retail tobacco store may, with authorization
20    or permission from a unit of local government, including a
21    home rule unit, or any non-home rule county within the
22    unincorporated territory of the county, allow the
23    on-premises consumption of cannabis in a specially
24    designated areas.
25        (3) (Blank).
26        (4) Hotel and motel sleeping rooms that are rented to

 

 

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1    guests and are designated as smoking rooms, provided that
2    all smoking rooms on the same floor must be contiguous and
3    smoke from these rooms must not infiltrate into nonsmoking
4    rooms or other areas where smoking is prohibited. Not more
5    than 25% of the rooms rented to guests in a hotel or motel
6    may be designated as rooms where smoking is allowed. The
7    status of rooms as smoking or nonsmoking may not be
8    changed, except to permanently add additional nonsmoking
9    rooms.
10        (5) Enclosed laboratories that are excluded from the
11    definition of "place of employment" in Section 10 of this
12    Act. Rulemaking authority to implement this amendatory Act
13    of the 95th General Assembly, if any, is conditioned on the
14    rules being adopted in accordance with all provisions of
15    the Illinois Administrative Procedure Act and all rules and
16    procedures of the Joint Committee on Administrative Rules;
17    any purported rule not so adopted, for whatever reason, is
18    unauthorized.
19        (6) Common smoking rooms in long-term care facilities
20    operated under the authority of the Illinois Department of
21    Veterans' Affairs or licensed under the Nursing Home Care
22    Act that are accessible only to residents who are smokers
23    and have requested in writing to have access to the common
24    smoking room where smoking is permitted and the smoke shall
25    not infiltrate other areas of the long-term care facility.
26    Rulemaking authority to implement this amendatory Act of

 

 

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1    the 95th General Assembly, if any, is conditioned on the
2    rules being adopted in accordance with all provisions of
3    the Illinois Administrative Procedure Act and all rules and
4    procedures of the Joint Committee on Administrative Rules;
5    any purported rule not so adopted, for whatever reason, is
6    unauthorized.
7        (7) A convention hall of the Donald E. Stephens
8    Convention Center where a meeting or trade show for
9    manufacturers and suppliers of tobacco and tobacco
10    products and accessories is being held, during the time the
11    meeting or trade show is occurring, if the meeting or trade
12    show:
13            (i) is a trade-only event and not open to the
14        public;
15            (ii) is limited to attendees and exhibitors that
16        are 21 years of age or older;
17            (iii) is being produced or organized by a business
18        relating to tobacco or a professional association for
19        convenience stores; and
20            (iv) involves the display of tobacco products.
21        Smoking is not allowed in any public area outside of
22    the hall designated for the meeting or trade show.
23        This paragraph (7) is inoperative on and after October
24    1, 2015.
25        (8) A dispensing organization, as defined in the
26    Cannabis Regulation and Tax Act, authorized or permitted by

 

 

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1    a unit local government to allow on-site consumption of
2    cannabis, if the establishment: (1) maintains a specially
3    designated area or areas for the purpose of heating,
4    burning, smoking, or lighting cannabis; (2) is limited to
5    individuals 21 or older; and (3) maintains a locked door or
6    barrier to any specially designated areas for the purpose
7    of heating, burning, smoking or lighting cannabis.
8(Source: P.A. 98-1023, eff. 8-22-14.)
 
9    Section 24. The Compassionate Use of Medical Cannabis
10Program Act is amended by changing Sections 60 and 210 as
11follows:
 
12    (410 ILCS 130/60)
13    Sec. 60. Issuance of registry identification cards.
14    (a) Except as provided in subsection (b), the Department of
15Public Health shall:
16        (1) verify the information contained in an application
17    or renewal for a registry identification card submitted
18    under this Act, and approve or deny an application or
19    renewal, within 90 days of receiving a completed
20    application or renewal application and all supporting
21    documentation specified in Section 55;
22        (2) issue registry identification cards to a
23    qualifying patient and his or her designated caregiver, if
24    any, within 15 business days of approving the application

 

 

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1    or renewal;
2        (3) enter the registry identification number of the
3    registered dispensing organization the patient designates
4    into the verification system; and
5        (4) allow for an electronic application process, and
6    provide a confirmation by electronic or other methods that
7    an application has been submitted.
8    Notwithstanding any other provision of this Act, the
9Department of Public Health shall adopt rules for qualifying
10patients and applicants with life-long debilitating medical
11conditions, who may be charged annual renewal fees. The
12Department of Public Health shall not require patients and
13applicants with life-long debilitating medical conditions to
14apply to renew registry identification cards.
15    (b) The Department of Public Health may not issue a
16registry identification card to a qualifying patient who is
17under 18 years of age, unless that patient suffers from
18seizures, including those characteristic of epilepsy, or as
19provided by administrative rule. The Department of Public
20Health shall adopt rules for the issuance of a registry
21identification card for qualifying patients who are under 18
22years of age and suffering from seizures, including those
23characteristic of epilepsy. The Department of Public Health may
24adopt rules to allow other individuals under 18 years of age to
25become registered qualifying patients under this Act with the
26consent of a parent or legal guardian. Registered qualifying

 

 

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1patients under 18 21 years of age shall be prohibited from
2consuming forms of cannabis other than medical cannabis infused
3products and purchasing any usable cannabis or paraphernalia
4used for smoking or vaping medical cannabis.
5    (c) A veteran who has received treatment at a VA hospital
6is deemed to have a bona fide health care professional-patient
7relationship with a VA certifying health care professional if
8the patient has been seen for his or her debilitating medical
9condition at the VA hospital in accordance with VA hospital
10protocols. All reasonable inferences regarding the existence
11of a bona fide health care professional-patient relationship
12shall be drawn in favor of an applicant who is a veteran and
13has undergone treatment at a VA hospital.
14    (c-10) An individual who submits an application as someone
15who is terminally ill shall have all fees waived. The
16Department of Public Health shall within 30 days after this
17amendatory Act of the 99th General Assembly adopt emergency
18rules to expedite approval for terminally ill individuals.
19These rules shall include, but not be limited to, rules that
20provide that applications by individuals with terminal
21illnesses shall be approved or denied within 14 days of their
22submission.
23    (d) No later than 6 months after the effective date of this
24amendatory Act of the 101st General Assembly, the Secretary of
25State shall remove all existing notations on driving records
26that the person is a registered qualifying patient or his or

 

 

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1her caregiver under this Act. Upon the approval of the
2registration and issuance of a registry card under this
3Section, the Department of Public Health shall forward the
4designated caregiver or registered qualified patient's
5driver's registration number to the Secretary of State and
6certify that the individual is permitted to engage in the
7medical use of cannabis. For the purposes of law enforcement,
8the Secretary of State shall make a notation on the person's
9driving record stating the person is a registered qualifying
10patient who is entitled to the lawful medical use of cannabis.
11If the person no longer holds a valid registry card, the
12Department shall notify the Secretary of State and the
13Secretary of State shall remove the notation from the person's
14driving record. The Department and the Secretary of State may
15establish a system by which the information may be shared
16electronically.
17    (e) Upon the approval of the registration and issuance of a
18registry card under this Section, the Department of Public
19Health shall electronically forward the registered qualifying
20patient's identification card information to the Prescription
21Monitoring Program established under the Illinois Controlled
22Substances Act and certify that the individual is permitted to
23engage in the medical use of cannabis. For the purposes of
24patient care, the Prescription Monitoring Program shall make a
25notation on the person's prescription record stating that the
26person is a registered qualifying patient who is entitled to

 

 

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1the lawful medical use of cannabis. If the person no longer
2holds a valid registry card, the Department of Public Health
3shall notify the Prescription Monitoring Program and
4Department of Human Services to remove the notation from the
5person's record. The Department of Human Services and the
6Prescription Monitoring Program shall establish a system by
7which the information may be shared electronically. This
8confidential list may not be combined or linked in any manner
9with any other list or database except as provided in this
10Section.
11    (f) (Blank).
12(Source: P.A. 100-1114, eff. 8-28-18; 101-363, eff. 8-9-19.)
 
13    (410 ILCS 130/210)
14    Sec. 210. Returns.
15    (a) This subsection (a) applies to returns due on or before
16the effective date of this amendatory Act of the 101st General
17Assembly. On or before the twentieth day of each calendar
18month, every person subject to the tax imposed under this Law
19during the preceding calendar month shall file a return with
20the Department, stating:
21        (1) The name of the taxpayer;
22        (2) The number of ounces of medical cannabis sold to a
23    dispensing dispensary organization or a registered
24    qualifying patient during the preceding calendar month;
25        (3) The amount of tax due;

 

 

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1        (4) The signature of the taxpayer; and
2        (5) Such other reasonable information as the
3    Department may require.
4    If a taxpayer fails to sign a return within 30 days after
5the proper notice and demand for signature by the Department,
6the return shall be considered valid and any amount shown to be
7due on the return shall be deemed assessed.
8    The taxpayer shall remit the amount of the tax due to the
9Department at the time the taxpayer files his or her return.
10    (b) Beginning on the effective date of this amendatory Act
11of the 101st General Assembly, Section 65-20 of the Cannabis
12Regulation and Tax Act shall apply to returns filed and taxes
13paid under this Act to the same extent as if those provisions
14were set forth in full in this Section.
15(Source: P.A. 101-27, eff. 6-25-19.)
 
16    Section 25. The Cannabis Regulation and Tax Act is amended
17by changing Sections 1-5, 1-10, 5-5, 5-15, 5-20, 5-25, 7-1,
187-10, 7-15, 7-25, 10-5, 10-10, 10-15, 10-25, 10-30, 10-35,
1910-40, 10-50, 15-15, 15-20, 15-25, 15-30, 15-35, 15-36, 15-40,
2015-55, 15-65, 15-70, 15-75, 15-85, 15-95, 15-100, 15-145,
2115-155, 20-10, 20-15, 20-20, 20-30, 25-1, 25-10, 30-5, 30-10,
2230-15, 30-30, 35-5, 35-15, 35-25, 35-31, 40-5, 40-10, 40-15,
2340-20, 40-25, 40-30, 40-35, 40-40, 45-5, 50-5, 55-10, 55-20,
2455-21, 55-25, 55-28, 55-30, 55-35, 55-65, 55-80, 55-85, 55-95,
2560-5, 60-20, 65-5, 65-10, and 65-15 and by adding Section 1-7

 

 

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1as follows:
 
2    (410 ILCS 705/1-5)
3    Sec. 1-5. Findings.
4    (a) In the interest of allowing law enforcement to focus on
5violent and property crimes, generating revenue for education,
6substance abuse prevention and treatment, freeing public
7resources to invest in communities and other public purposes,
8and individual freedom, the General Assembly finds and declares
9that the use of cannabis should be legal for persons 21 years
10of age or older and should be taxed in a manner similar to
11alcohol.
12    (b) In the interest of the health and public safety of the
13residents of Illinois, the General Assembly further finds and
14declares that cannabis should be regulated in a manner similar
15to alcohol so that:
16        (1) persons will have to show proof of age before
17    purchasing cannabis;
18        (2) selling, distributing, or transferring cannabis to
19    minors and other persons under 21 years of age shall remain
20    illegal;
21        (3) driving under the influence of cannabis, operating
22    a watercraft under the influence of cannabis, and operating
23    a snowmobile under the influence of cannabis shall remain
24    illegal;
25        (4) legitimate, taxpaying business people, and not

 

 

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1    criminal actors, will conduct sales of cannabis;
2        (5) cannabis sold in this State will be tested,
3    labeled, and subject to additional regulation to ensure
4    that purchasers are informed and protected; and
5        (6) purchasers will be informed of any known health
6    risks associated with the use of cannabis, as concluded by
7    evidence-based, peer reviewed research.
8    (c) The General Assembly further finds and declares that it
9is necessary to ensure consistency and fairness in the
10application of this Act throughout the State and that,
11therefore, the matters addressed by this Act are, except as
12specified in this Act, matters of statewide concern.
13    (d) The General Assembly further finds and declares that
14this Act shall not diminish the State's duties and commitment
15to seriously ill patients registered under the Compassionate
16Use of Medical Cannabis Pilot Program Act, nor alter the
17protections granted to them.
18    (e) The General Assembly supports and encourages labor
19neutrality in the cannabis industry and further finds and
20declares that employee workplace safety shall not be diminished
21and employer workplace policies shall be interpreted broadly to
22protect employee safety.
23(Source: P.A. 101-27, eff. 6-25-19.)
 
24    (410 ILCS 705/1-7 new)
25    Sec. 1-7. Lawful user and lawful products. For the purposes

 

 

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1of this Act and to clarify the legislative findings on the
2lawful use of cannabis, a person shall not be considered an
3unlawful user or addicted to narcotics solely as a result of
4his or her possession or use of cannabis or cannabis
5paraphernalia in accordance with this Act.
 
6    (410 ILCS 705/1-10)
7    Sec. 1-10. Definitions. In this Act:
8    "Adult Use Cultivation Center License" means a license
9issued by the Department of Agriculture that permits a person
10to act as a cultivation center under this Act and any
11administrative rule made in furtherance of this Act.
12    "Adult Use Dispensing Organization License" means a
13license issued by the Department of Financial and Professional
14Regulation that permits a person to act as a dispensing
15organization under this Act and any administrative rule made in
16furtherance of this Act.
17    "Advertise" means to engage in promotional activities
18including, but not limited to: newspaper, radio, Internet and
19electronic media, and television advertising; the distribution
20of fliers and circulars; billboard advertising; and the display
21of window and interior signs. "Advertise" does not mean
22exterior signage displaying only the name of the licensed
23cannabis business establishment.
24    "BLS Region" means a region in Illinois used by the United
25States Bureau of Labor Statistics to gather and categorize

 

 

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1certain employment and wage data. The 17 such regions in
2Illinois are: Bloomington, Cape Girardeau, Carbondale-Marion,
3Champaign-Urbana, Chicago-Naperville-Elgin, Danville,
4Davenport-Moline-Rock Island, Decatur, Kankakee, Peoria,
5Rockford, St. Louis, Springfield, Northwest Illinois
6nonmetropolitan area, West Central Illinois nonmetropolitan
7area, East Central Illinois nonmetropolitan area, and South
8Illinois nonmetropolitan area.
9    "Cannabis" means marijuana, hashish, and other substances
10that are identified as including any parts of the plant
11Cannabis sativa and including derivatives or subspecies, such
12as indica, of all strains of cannabis, whether growing or not;
13the seeds thereof, the resin extracted from any part of the
14plant; and any compound, manufacture, salt, derivative,
15mixture, or preparation of the plant, its seeds, or resin,
16including tetrahydrocannabinol (THC) and all other naturally
17produced cannabinol derivatives, whether produced directly or
18indirectly by extraction; however, "cannabis" does not include
19the mature stalks of the plant, fiber produced from the stalks,
20oil or cake made from the seeds of the plant, any other
21compound, manufacture, salt, derivative, mixture, or
22preparation of the mature stalks (except the resin extracted
23from it), fiber, oil or cake, or the sterilized seed of the
24plant that is incapable of germination. "Cannabis" does not
25include industrial hemp as defined and authorized under the
26Industrial Hemp Act. "Cannabis" also means cannabis flower,

 

 

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1concentrate, and cannabis-infused products.
2    "Cannabis business establishment" means a cultivation
3center, craft grower, processing organization, dispensing
4organization, or transporting organization.
5    "Cannabis concentrate" means a product derived from
6cannabis that is produced by extracting cannabinoids,
7including tetrahydrocannabinol (THC), from the plant through
8the use of propylene glycol, glycerin, butter, olive oil or
9other typical cooking fats; water, ice, or dry ice; or butane,
10propane, CO2, ethanol, or isopropanol and with the intended use
11of smoking or making a cannabis-infused product. The use of any
12other solvent is expressly prohibited unless and until it is
13approved by the Department of Agriculture.
14    "Cannabis container" means a sealed, traceable, container,
15or package used for the purpose of containment of cannabis or
16cannabis-infused product during transportation.
17    "Cannabis flower" means marijuana, hashish, and other
18substances that are identified as including any parts of the
19plant Cannabis sativa and including derivatives or subspecies,
20such as indica, of all strains of cannabis; including raw kief,
21leaves, and buds, but not resin that has been extracted from
22any part of such plant; nor any compound, manufacture, salt,
23derivative, mixture, or preparation of such plant, its seeds,
24or resin.
25    "Cannabis-infused product" means a beverage, food, oil,
26ointment, tincture, topical formulation, or another product

 

 

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1containing cannabis or cannabis concentrate that is not
2intended to be smoked.
3    "Cannabis paraphernalia" means equipment, products, or
4materials intended to be used for planting, propagating,
5cultivating, growing, harvesting, manufacturing, producing,
6processing, preparing, testing, analyzing, packaging,
7repackaging, storing, containing, concealing, ingesting, or
8otherwise introducing cannabis into the human body.
9    "Cannabis plant monitoring system" or "plant monitoring
10system" means a system that includes, but is not limited to,
11testing and data collection established and maintained by the
12cultivation center, craft grower, or processing organization
13and that is available to the Department of Revenue, the
14Department of Agriculture, the Department of Financial and
15Professional Regulation, and the Department of State Police for
16the purposes of documenting each cannabis plant and monitoring
17plant development throughout the life cycle of a cannabis plant
18cultivated for the intended use by a customer from seed
19planting to final packaging.
20    "Cannabis testing facility" means an entity registered by
21the Department of Agriculture to test cannabis for potency and
22contaminants.
23    "Clone" means a plant section from a female cannabis plant
24not yet rootbound, growing in a water solution or other
25propagation matrix, that is capable of developing into a new
26plant.

 

 

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1    "Community College Cannabis Vocational Training Pilot
2Program faculty participant" means a person who is 21 years of
3age or older, licensed by the Department of Agriculture, and is
4employed or contracted by an Illinois community college to
5provide student instruction using cannabis plants at an
6Illinois Community College.
7    "Community College Cannabis Vocational Training Pilot
8Program faculty participant Agent Identification Card" means a
9document issued by the Department of Agriculture that
10identifies a person as Community College Cannabis Vocational
11Training Pilot Program faculty participant.
12    "Conditional Adult Use Dispensing Organization License"
13means a license awarded to top-scoring applicants for an Adult
14Use Dispensing Organization License that reserves the right to
15an Adult Use Dispensing Organization License adult use
16dispensing organization license if the applicant meets certain
17conditions described in this Act, but does not entitle the
18recipient to begin purchasing or selling cannabis or
19cannabis-infused products.
20    "Conditional Adult Use Cultivation Center License" means a
21license awarded to top-scoring applicants for an Adult Use
22Cultivation Center License that reserves the right to an Adult
23Use Cultivation Center License if the applicant meets certain
24conditions as determined by the Department of Agriculture by
25rule, but does not entitle the recipient to begin growing,
26processing, or selling cannabis or cannabis-infused products.

 

 

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1    "Craft grower" means a facility operated by an organization
2or business that is licensed by the Department of Agriculture
3to cultivate, dry, cure, and package cannabis and perform other
4necessary activities to make cannabis available for sale at a
5dispensing organization or use at a processing organization. A
6craft grower may contain up to 5,000 square feet of canopy
7space on its premises for plants in the flowering state. The
8Department of Agriculture may authorize an increase or decrease
9of flowering stage cultivation space in increments of 3,000
10square feet by rule based on market need, craft grower
11capacity, and the licensee's history of compliance or
12noncompliance, with a maximum space of 14,000 square feet for
13cultivating plants in the flowering stage, which must be
14cultivated in all stages of growth in an enclosed and secure
15area. A craft grower may share premises with a processing
16organization or a dispensing organization, or both, provided
17each licensee stores currency and cannabis or cannabis-infused
18products in a separate secured vault to which the other
19licensee does not have access or all licensees sharing a vault
20share more than 50% of the same ownership.
21    "Craft grower agent" means a principal officer, board
22member, employee, or other agent of a craft grower who is 21
23years of age or older.
24    "Craft Grower Agent Identification Card" means a document
25issued by the Department of Agriculture that identifies a
26person as a craft grower agent.

 

 

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1    "Cultivation center" means a facility operated by an
2organization or business that is licensed by the Department of
3Agriculture to cultivate, process, transport (unless otherwise
4limited by this Act), and perform other necessary activities to
5provide cannabis and cannabis-infused products to cannabis
6business establishments.
7    "Cultivation center agent" means a principal officer,
8board member, employee, or other agent of a cultivation center
9who is 21 years of age or older.
10    "Cultivation Center Agent Identification Card" means a
11document issued by the Department of Agriculture that
12identifies a person as a cultivation center agent.
13    "Currency" means currency and coin of the United States.
14    "Dispensary" means a facility operated by a dispensing
15organization at which activities licensed by this Act may
16occur.
17    "Dispensing organization" means a facility operated by an
18organization or business that is licensed by the Department of
19Financial and Professional Regulation to acquire cannabis from
20a cultivation center, craft grower, processing organization,
21or another dispensary for the purpose of selling or dispensing
22cannabis, cannabis-infused products, cannabis seeds,
23paraphernalia, or related supplies under this Act to purchasers
24or to qualified registered medical cannabis patients and
25caregivers. As used in this Act, "dispensing dispensary
26organization" includes shall include a registered medical

 

 

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1cannabis organization as defined in the Compassionate Use of
2Medical Cannabis Pilot Program Act or its successor Act that
3has obtained an Early Approval Adult Use Dispensing
4Organization License.
5    "Dispensing organization agent" means a principal officer,
6employee, or agent of a dispensing organization who is 21 years
7of age or older.
8    "Dispensing organization agent identification card" means
9a document issued by the Department of Financial and
10Professional Regulation that identifies a person as a
11dispensing organization agent.
12    "Disproportionately Impacted Area" means a census tract or
13comparable geographic area that satisfies the following
14criteria as determined by the Department of Commerce and
15Economic Opportunity, that:
16        (1) meets at least one of the following criteria:
17            (A) the area has a poverty rate of at least 20%
18        according to the latest federal decennial census; or
19            (B) 75% or more of the children in the area
20        participate in the federal free lunch program
21        according to reported statistics from the State Board
22        of Education; or
23            (C) at least 20% of the households in the area
24        receive assistance under the Supplemental Nutrition
25        Assistance Program; or
26            (D) the area has an average unemployment rate, as

 

 

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1        determined by the Illinois Department of Employment
2        Security, that is more than 120% of the national
3        unemployment average, as determined by the United
4        States Department of Labor, for a period of at least 2
5        consecutive calendar years preceding the date of the
6        application; and
7        (2) has high rates of arrest, conviction, and
8    incarceration related to the sale, possession, use,
9    cultivation, manufacture, or transport of cannabis.
10    "Early Approval Adult Use Cultivation Center License"
11means a license that permits a medical cannabis cultivation
12center licensed under the Compassionate Use of Medical Cannabis
13Pilot Program Act as of the effective date of this Act to begin
14cultivating, infusing, packaging, transporting (unless
15otherwise provided in this Act), processing and selling
16cannabis or cannabis-infused product to cannabis business
17establishments for resale to purchasers as permitted by this
18Act as of January 1, 2020.
19    "Early Approval Adult Use Dispensing Organization License"
20means a license that permits a medical cannabis dispensing
21organization licensed under the Compassionate Use of Medical
22Cannabis Pilot Program Act as of the effective date of this Act
23to begin selling cannabis or cannabis-infused product to
24purchasers as permitted by this Act as of January 1, 2020.
25    "Early Approval Adult Use Dispensing Organization at a
26secondary site" means a license that permits a medical cannabis

 

 

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1dispensing organization licensed under the Compassionate Use
2of Medical Cannabis Pilot Program Act as of the effective date
3of this Act to begin selling cannabis or cannabis-infused
4product to purchasers as permitted by this Act on January 1,
52020 at a different dispensary location from its existing
6registered medical dispensary location.
7    "Enclosed, locked facility" means a room, greenhouse,
8building, or other enclosed area equipped with locks or other
9security devices that permit access only by cannabis business
10establishment agents working for the licensed cannabis
11business establishment or acting pursuant to this Act to
12cultivate, process, store, or distribute cannabis.
13    "Enclosed, locked space" means a closet, room, greenhouse,
14building or other enclosed area equipped with locks or other
15security devices that permit access only by authorized
16individuals under this Act. "Enclosed, locked space" may
17include:
18        (1) a space within a residential building that (i) is
19    the primary residence of the individual cultivating 5 or
20    fewer cannabis plants that are more than 5 inches tall and
21    (ii) includes sleeping quarters and indoor plumbing. The
22    space must only be accessible by a key or code that is
23    different from any key or code that can be used to access
24    the residential building from the exterior; or
25        (2) a structure, such as a shed or greenhouse, that
26    lies on the same plot of land as a residential building

 

 

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1    that (i) includes sleeping quarters and indoor plumbing and
2    (ii) is used as a primary residence by the person
3    cultivating 5 or fewer cannabis plants that are more than 5
4    inches tall, such as a shed or greenhouse. The structure
5    must remain locked when it is unoccupied by people.
6    "Financial institution" has the same meaning as "financial
7organization" as defined in Section 1501 of the Illinois Income
8Tax Act, and also includes the holding companies, subsidiaries,
9and affiliates of such financial organizations.
10    "Flowering stage" means the stage of cultivation where and
11when a cannabis plant is cultivated to produce plant material
12for cannabis products. This includes mature plants as follows:
13        (1) if greater than 2 stigmas are visible at each
14    internode of the plant; or
15        (2) if the cannabis plant is in an area that has been
16    intentionally deprived of light for a period of time
17    intended to produce flower buds and induce maturation, from
18    the moment the light deprivation began through the
19    remainder of the marijuana plant growth cycle.
20    "Individual" means a natural person.
21    "Infuser organization" or "infuser" means a facility
22operated by an organization or business that is licensed by the
23Department of Agriculture to directly incorporate cannabis or
24cannabis concentrate into a product formulation to produce a
25cannabis-infused product.
26    "Kief" means the resinous crystal-like trichomes that are

 

 

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1found on cannabis and that are accumulated, resulting in a
2higher concentration of cannabinoids, untreated by heat or
3pressure, or extracted using a solvent.
4    "Labor peace agreement" means an agreement between a
5cannabis business establishment and any labor organization
6recognized under the National Labor Relations Act, referred to
7in this Act as a bona fide labor organization, that prohibits
8labor organizations and members from engaging in picketing,
9work stoppages, boycotts, and any other economic interference
10with the cannabis business establishment. This agreement means
11that the cannabis business establishment has agreed not to
12disrupt efforts by the bona fide labor organization to
13communicate with, and attempt to organize and represent, the
14cannabis business establishment's employees. The agreement
15shall provide a bona fide labor organization access at
16reasonable times to areas in which the cannabis business
17establishment's employees work, for the purpose of meeting with
18employees to discuss their right to representation, employment
19rights under State law, and terms and conditions of employment.
20This type of agreement shall not mandate a particular method of
21election or certification of the bona fide labor organization.
22    "Limited access area" means a building, room, or other area
23under the control of a cannabis dispensing organization
24licensed under this Act and upon the licensed premises where
25cannabis sales occur with access limited to purchasers,
26dispensing organization owners and other dispensing

 

 

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1organization agents, or service professionals conducting
2business with the dispensing organization, or, if sales to
3registered qualifying patients, caregivers, provisional
4patients, and Opioid Alternative Pilot Program participants
5licensed pursuant to the Compassionate Use of Medical Cannabis
6Program Act are also permitted at the dispensary, registered
7qualifying patients, caregivers, provisional patients, and
8Opioid Alternative Pilot Program participants.
9    "Member of an impacted family" means an individual who has
10a parent, legal guardian, child, spouse, or dependent, or was a
11dependent of an individual who, prior to the effective date of
12this Act, was arrested for, convicted of, or adjudicated
13delinquent for any offense that is eligible for expungement
14under this Act.
15    "Mother plant" means a cannabis plant that is cultivated or
16maintained for the purpose of generating clones, and that will
17not be used to produce plant material for sale to an infuser or
18dispensing organization.
19    "Ordinary public view" means within the sight line with
20normal visual range of a person, unassisted by visual aids,
21from a public street or sidewalk adjacent to real property, or
22from within an adjacent property.
23    "Ownership and control" means ownership of at least 51% of
24the business, including corporate stock if a corporation, and
25control over the management and day-to-day operations of the
26business and an interest in the capital, assets, and profits

 

 

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1and losses of the business proportionate to percentage of
2ownership.
3    "Person" means a natural individual, firm, partnership,
4association, joint stock company, joint venture, public or
5private corporation, limited liability company, or a receiver,
6executor, trustee, guardian, or other representative appointed
7by order of any court.
8    "Possession limit" means the amount of cannabis under
9Section 10-10 that may be possessed at any one time by a person
1021 years of age or older or who is a registered qualifying
11medical cannabis patient or caregiver under the Compassionate
12Use of Medical Cannabis Pilot Program Act.
13    "Principal officer" includes a cannabis business
14establishment applicant or licensed cannabis business
15establishment's board member, owner with more than 1% interest
16of the total cannabis business establishment or more than 5%
17interest of the total cannabis business establishment of a
18publicly traded company, president, vice president, secretary,
19treasurer, partner, officer, member, manager member, or person
20with a profit sharing, financial interest, or revenue sharing
21arrangement. The definition includes a person with authority to
22control the cannabis business establishment, a person who
23assumes responsibility for the debts of the cannabis business
24establishment and who is further defined in this Act.
25    "Primary residence" means a dwelling where a person usually
26stays or stays more often than other locations. It may be

 

 

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1determined by, without limitation, presence, tax filings;
2address on an Illinois driver's license, an Illinois
3Identification Card, or an Illinois Person with a Disability
4Identification Card; or voter registration. No person may have
5more than one primary residence.
6    "Processing organization" or "processor" means a facility
7operated by an organization or business that is licensed by the
8Department of Agriculture to either extract constituent
9chemicals or compounds to produce cannabis concentrate or
10incorporate cannabis or cannabis concentrate into a product
11formulation to produce a cannabis product.
12    "Processing organization agent" means a principal officer,
13board member, employee, or agent of a processing organization.
14    "Processing organization agent identification card" means
15a document issued by the Department of Agriculture that
16identifies a person as a processing organization agent.
17    "Purchaser" means a person 21 years of age or older who
18acquires cannabis for a valuable consideration. "Purchaser"
19does not include a cardholder under the Compassionate Use of
20Medical Cannabis Pilot Program Act.
21    "Qualified Social Equity Applicant" means a Social Equity
22Applicant who has been awarded a conditional license under this
23Act to operate a cannabis business establishment.
24    "Resided" means an individual's primary residence was
25located within the relevant geographic area as established by 2
26of the following:

 

 

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1        (1) a signed lease agreement that includes the
2    applicant's name;
3        (2) a property deed that includes the applicant's name;
4        (3) school records;
5        (4) a voter registration card;
6        (5) an Illinois driver's license, an Illinois
7    Identification Card, or an Illinois Person with a
8    Disability Identification Card;
9        (6) a paycheck stub;
10        (7) a utility bill;
11        (8) tax records; or
12        (9) (8) any other proof of residency or other
13    information necessary to establish residence as provided
14    by rule.
15    "Smoking" means the inhalation of smoke caused by the
16combustion of cannabis.
17    "Social Equity Applicant" means an applicant that is an
18Illinois resident that meets one of the following criteria:
19        (1) an applicant with at least 51% ownership and
20    control by one or more individuals who have resided for at
21    least 5 of the preceding 10 years in a Disproportionately
22    Impacted Area;
23        (2) an applicant with at least 51% ownership and
24    control by one or more individuals who:
25            (i) have been arrested for, convicted of, or
26        adjudicated delinquent for any offense that is

 

 

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1        eligible for expungement under this Act; or
2            (ii) is a member of an impacted family;
3        (3) for applicants with a minimum of 10 full-time
4    employees, an applicant with at least 51% of current
5    employees who:
6            (i) currently reside in a Disproportionately
7        Impacted Area; or
8            (ii) have been arrested for, convicted of, or
9        adjudicated delinquent for any offense that is
10        eligible for expungement under this Act or member of an
11        impacted family.
12    Nothing in this Act shall be construed to preempt or limit
13the duties of any employer under the Job Opportunities for
14Qualified Applicants Act. Nothing in this Act shall permit an
15employer to require an employee to disclose sealed or expunged
16offenses, unless otherwise required by law.
17    "Tincture" means a cannabis-infused solution, typically
18comprised of alcohol, glycerin, or vegetable oils, derived
19either directly from the cannabis plant or from a processed
20cannabis extract. A tincture is not an alcoholic liquor as
21defined in the Liquor Control Act of 1934. A tincture shall
22include a calibrated dropper or other similar device capable of
23accurately measuring servings.
24    "Transporting organization" or "transporter" means an
25organization or business that is licensed by the Department of
26Agriculture to transport cannabis or cannabis-infused product

 

 

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1on behalf of a cannabis business establishment or a community
2college licensed under the Community College Cannabis
3Vocational Training Pilot Program.
4    "Transporting organization agent" means a principal
5officer, board member, employee, or agent of a transporting
6organization.
7    "Transporting organization agent identification card"
8means a document issued by the Department of Agriculture that
9identifies a person as a transporting organization agent.
10    "Unit of local government" means any county, city, village,
11or incorporated town.
12    "Vegetative stage" means the stage of cultivation in which
13a cannabis plant is propagated to produce additional cannabis
14plants or reach a sufficient size for production. This includes
15seedlings, clones, mothers, and other immature cannabis plants
16as follows:
17        (1) if the cannabis plant is in an area that has not
18    been intentionally deprived of light for a period of time
19    intended to produce flower buds and induce maturation, it
20    has no more than 2 stigmas visible at each internode of the
21    cannabis plant; or
22        (2) any cannabis plant that is cultivated solely for
23    the purpose of propagating clones and is never used to
24    produce cannabis.
25(Source: P.A. 101-27, eff. 6-25-19.)
 

 

 

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1    (410 ILCS 705/5-5)
2    Sec. 5-5. Sharing of authority. Notwithstanding any
3provision of or law to the contrary, any authority granted to
4any State agency or State employees or appointees under the
5Compassionate Use of Medical Cannabis Pilot Program Act shall
6be shared by any State agency or State employees or appointees
7given authority to license, discipline, revoke, regulate, or
8make rules under this Act.
9(Source: P.A. 101-27, eff. 6-25-19.)
 
10    (410 ILCS 705/5-15)
11    Sec. 5-15. Department of Financial and Professional
12Regulation. The Department of Financial and Professional
13Regulation shall enforce the provisions of this Act relating to
14the oversight and registration of dispensing organizations and
15agents, including the issuance of identification cards for
16dispensing organization agents. The Department of Financial
17and Professional Regulation may suspend or revoke the license
18of, or otherwise discipline dispensing organizations,
19principal officers, agents-in-charge, and agents impose other
20penalties upon, dispensing organizations for violations of
21this Act and any rules adopted under this Act.
22(Source: P.A. 101-27, eff. 6-25-19.)
 
23    (410 ILCS 705/5-20)
24    Sec. 5-20. Background checks.

 

 

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1    (a) Through the Department of State Police, the licensing
2or issuing Department shall conduct a criminal history record
3check of the prospective principal officers, board members, and
4agents of a cannabis business establishment applying for a
5license or identification card under this Act.
6    Each cannabis business establishment prospective principal
7officer, board member, or agent shall submit his or her
8fingerprints to the Department of State Police in the form and
9manner prescribed by the Department of State Police.
10    Unless otherwise provided in this Act, such Such
11fingerprints shall be transmitted through a live scan
12fingerprint vendor licensed by the Department of Financial and
13Professional Regulation. These fingerprints shall be checked
14against the fingerprint records now and hereafter filed in the
15Department of State Police and Federal Bureau of Investigation
16criminal history records databases. The Department of State
17Police shall charge a fee for conducting the criminal history
18record check, which shall be deposited into the State Police
19Services Fund and shall not exceed the actual cost of the State
20and national criminal history record check. The Department of
21State Police shall furnish, pursuant to positive
22identification, all Illinois conviction information and shall
23forward the national criminal history record information to:
24        (i) the Department of Agriculture, with respect to a
25    cultivation center, craft grower, infuser organization, or
26    transporting organization; or

 

 

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1        (ii) the Department of Financial and Professional
2    Regulation, with respect to a dispensing organization.
3    (b) When applying for the initial license or identification
4card, the background checks for all prospective principal
5officers, board members, and agents shall be completed before
6submitting the application to the licensing or issuing agency.
7    (c) All applications for licensure under this Act by
8applicants with criminal convictions shall be subject to
9Sections 2105-131, 2105-135, and 2105-205 of the Department of
10Professional Regulation Law of the Civil Administrative Code of
11Illinois.
12(Source: P.A. 101-27, eff. 6-25-19.)
 
13    (410 ILCS 705/5-25)
14    Sec. 5-25. Department of Public Health to make health
15warning recommendations.
16    (a) The Department of Public Health shall make
17recommendations to the Department of Agriculture and the
18Department of Financial and Professional Regulation on
19appropriate health warnings for dispensaries and advertising,
20which may apply to all cannabis products, including item-type
21specific labeling or warning requirements, regulate the
22facility where cannabis-infused products are made, regulate
23cannabis-infused products as provided in subsection (e) of
24Section 55-5, and facilitate the Adult Use Cannabis Health
25Advisory Committee.

 

 

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1    (b) An Adult Use Cannabis Health Advisory Committee is
2hereby created and shall meet at least twice annually. The
3Chairperson may schedule meetings more frequently upon his or
4her initiative or upon the request of a Committee member.
5Meetings may be held in person or by teleconference. The
6Committee shall discuss and monitor changes in drug use data in
7Illinois and the emerging science and medical information
8relevant to the health effects associated with cannabis use and
9may provide recommendations to the Department of Human Services
10about public health awareness campaigns and messages. The
11Committee shall include the following members appointed by the
12Governor and shall represent the geographic, ethnic, and racial
13diversity of the State:
14        (1) The Director of Public Health, or his or her
15    designee, who shall serve as the Chairperson.
16        (2) The Secretary of Human Services, or his or her
17    designee, who shall serve as the Co-Chairperson.
18        (3) A representative of the poison control center.
19        (4) A pharmacologist.
20        (5) A pulmonologist.
21        (6) An emergency room physician.
22        (7) An emergency medical technician, paramedic, or
23    other first responder.
24        (8) A nurse practicing in a school-based setting.
25        (9) A psychologist.
26        (10) A neonatologist.

 

 

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1        (11) An obstetrician-gynecologist.
2        (12) A drug epidemiologist.
3        (13) A medical toxicologist.
4        (14) An addiction psychiatrist.
5        (15) A pediatrician.
6        (16) A representative of a statewide professional
7    public health organization.
8        (17) A representative of a statewide hospital/health
9    system association.
10        (18) An individual registered as a patient in the
11    Compassionate Use of Medical Cannabis Pilot Program.
12        (19) An individual registered as a caregiver in the
13    Compassionate Use of Medical Cannabis Pilot Program.
14        (20) A representative of an organization focusing on
15    cannabis-related policy.
16        (21) A representative of an organization focusing on
17    the civil liberties of individuals who reside in Illinois.
18        (22) A representative of the criminal defense or civil
19    aid community of attorneys serving Disproportionately
20    Impacted Areas.
21        (23) A representative of licensed cannabis business
22    establishments.
23        (24) A Social Equity Applicant.
24        (25) A representative of a statewide community-based
25    substance use disorder treatment provider association.
26        (26) A representative of a statewide community-based

 

 

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1    mental health treatment provider association.
2        (27) A representative of a community-based substance
3    use disorder treatment provider.
4        (28) A representative of a community-based mental
5    health treatment provider.
6        (29) A substance use disorder treatment patient
7    representative.
8        (30) A mental health treatment patient representative.
9    (c) The Committee shall provide a report by September 30,
102021, and every year thereafter, to the General Assembly. The
11Department of Public Health shall make the report available on
12its website.
13(Source: P.A. 101-27, eff. 6-25-19.)
 
14    (410 ILCS 705/7-1)
15    Sec. 7-1. Findings.
16    (a) The General Assembly finds that the medical cannabis
17industry, established in 2014 through the Compassionate Use of
18Medical Cannabis Pilot Program Act, has shown that additional
19efforts are needed to reduce barriers to ownership. Through
20that program, 55 licenses for dispensing organizations and 20
21licenses for cultivation centers have been issued. Those
22licenses are held by only a small number of businesses, the
23ownership of which does not sufficiently meet the General
24Assembly's interest in business ownership that reflects the
25population of the State of Illinois and that demonstrates the

 

 

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1need to reduce barriers to entry for individuals and
2communities most adversely impacted by the enforcement of
3cannabis-related laws.
4    (b) In the interest of establishing a legal cannabis
5industry that is equitable and accessible to those most
6adversely impacted by the enforcement of drug-related laws in
7this State, including cannabis-related laws, the General
8Assembly finds and declares that a social equity program should
9be established.
10    (c) The General Assembly also finds and declares that
11individuals who have been arrested or incarcerated due to drug
12laws suffer long-lasting negative consequences, including
13impacts to employment, business ownership, housing, health,
14and long-term financial well-being.
15    (d) The General Assembly also finds and declares that
16family members, especially children, and communities of those
17who have been arrested or incarcerated due to drug laws, suffer
18from emotional, psychological, and financial harms as a result
19of such arrests or incarcerations.
20    (e) Furthermore, the General Assembly finds and declares
21that certain communities have disproportionately suffered the
22harms of enforcement of cannabis-related laws. Those
23communities face greater difficulties accessing traditional
24banking systems and capital for establishing businesses.
25    (f) The General Assembly also finds that individuals who
26have resided in areas of high poverty suffer negative

 

 

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1consequences, including barriers to entry in employment,
2business ownership, housing, health, and long-term financial
3well-being.
4    (g) The General Assembly also finds and declares that
5promotion of business ownership by individuals who have resided
6in areas of high poverty and high enforcement of
7cannabis-related laws furthers an equitable cannabis industry.
8    (h) Therefore, in the interest of remedying the harms
9resulting from the disproportionate enforcement of
10cannabis-related laws, the General Assembly finds and declares
11that a social equity program should offer, among other things,
12financial assistance and license application benefits to
13individuals most directly and adversely impacted by the
14enforcement of cannabis-related laws who are interested in
15starting cannabis business establishments.
16(Source: P.A. 101-27, eff. 6-25-19.)
 
17    (410 ILCS 705/7-10)
18    Sec. 7-10. Cannabis Business Development Fund.
19    (a) There is created in the State treasury a special fund,
20which shall be held separate and apart from all other State
21moneys, to be known as the Cannabis Business Development Fund.
22The Cannabis Business Development Fund shall be exclusively
23used for the following purposes:
24        (1) to provide low-interest rate loans to Qualified
25    Social Equity Applicants to pay for ordinary and necessary

 

 

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1    expenses to start and operate a cannabis business
2    establishment permitted by this Act;
3        (2) to provide grants to Qualified Social Equity
4    Applicants to pay for ordinary and necessary expenses to
5    start and operate a cannabis business establishment
6    permitted by this Act;
7        (3) to compensate the Department of Commerce and
8    Economic Opportunity for any costs related to the provision
9    of low-interest loans and grants to Qualified Social Equity
10    Applicants;
11        (4) to pay for outreach that may be provided or
12    targeted to attract and support Social Equity Applicants
13    and Qualified Social Equity Applicants;
14        (5) (blank);
15        (6) to conduct any study or research concerning the
16    participation of minorities, women, veterans, or people
17    with disabilities in the cannabis industry, including,
18    without limitation, barriers to such individuals entering
19    the industry as equity owners of cannabis business
20    establishments;
21        (7) (blank); and
22        (8) to assist with job training and technical
23    assistance for residents in Disproportionately Impacted
24    Areas.
25    (b) All moneys collected under Sections 15-15 and 15-20 for
26Early Approval Adult Use Dispensing Organization Licenses

 

 

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1issued before January 1, 2021 and remunerations made as a
2result of transfers of permits awarded to Qualified Social
3Equity Applicants shall be deposited into the Cannabis Business
4Development Fund.
5    (c) As soon as practical after July 1, 2019, the
6Comptroller shall order and the Treasurer shall transfer
7$12,000,000 from the Compassionate Use of Medical Cannabis Fund
8to the Cannabis Business Development Fund.
9    (d) Notwithstanding any other law to the contrary, the
10Cannabis Business Development Fund is not subject to sweeps,
11administrative charge-backs, or any other fiscal or budgetary
12maneuver that would in any way transfer any amounts from the
13Cannabis Business Development Fund into any other fund of the
14State.
15(Source: P.A. 101-27, eff. 6-25-19.)
 
16    (410 ILCS 705/7-15)
17    Sec. 7-15. Loans and grants to Social Equity Applicants.
18    (a) The Department of Commerce and Economic Opportunity
19shall establish grant and loan programs, subject to
20appropriations from the Cannabis Business Development Fund,
21for the purposes of providing financial assistance, loans,
22grants, and technical assistance to Social Equity Applicants.
23    (b) The Department of Commerce and Economic Opportunity has
24the power to:
25        (1) provide Cannabis Social Equity loans and grants

 

 

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1    from appropriations from the Cannabis Business Development
2    Fund to assist Qualified Social Equity Applicants in
3    gaining entry to, and successfully operating in, the
4    State's regulated cannabis marketplace;
5        (2) enter into agreements that set forth terms and
6    conditions of the financial assistance, accept funds or
7    grants, and engage in cooperation with private entities and
8    agencies of State or local government to carry out the
9    purposes of this Section;
10        (3) fix, determine, charge, and collect any premiums,
11    fees, charges, costs and expenses, including application
12    fees, commitment fees, program fees, financing charges, or
13    publication fees in connection with its activities under
14    this Section;
15        (4) coordinate assistance under these loan programs
16    with activities of the Illinois Department of Financial and
17    Professional Regulation, the Illinois Department of
18    Agriculture, and other agencies as needed to maximize the
19    effectiveness and efficiency of this Act;
20        (5) provide staff, administration, and related support
21    required to administer this Section;
22        (6) take whatever actions are necessary or appropriate
23    to protect the State's interest in the event of bankruptcy,
24    default, foreclosure, or noncompliance with the terms and
25    conditions of financial assistance provided under this
26    Section, including the ability to recapture funds if the

 

 

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1    recipient is found to be noncompliant with the terms and
2    conditions of the financial assistance agreement;
3        (7) establish application, notification, contract, and
4    other forms, procedures, or rules deemed necessary and
5    appropriate; and
6        (8) utilize vendors or contract work to carry out the
7    purposes of this Act.
8    (c) Loans made under this Section:
9        (1) shall only be made if, in the Department's
10    judgment, the project furthers the goals set forth in this
11    Act; and
12        (2) shall be in such principal amount and form and
13    contain such terms and provisions with respect to security,
14    insurance, reporting, delinquency charges, default
15    remedies, and other matters as the Department shall
16    determine appropriate to protect the public interest and to
17    be consistent with the purposes of this Section. The terms
18    and provisions may be less than required for similar loans
19    not covered by this Section.
20    (d) Grants made under this Section shall be awarded on a
21competitive and annual basis under the Grant Accountability and
22Transparency Act. Grants made under this Section shall further
23and promote the goals of this Act, including promotion of
24Social Equity Applicants, job training and workforce
25development, and technical assistance to Social Equity
26Applicants.

 

 

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1    (e) Beginning January 1, 2021 and each year thereafter, the
2Department shall annually report to the Governor and the
3General Assembly on the outcomes and effectiveness of this
4Section that shall include the following:
5        (1) the number of persons or businesses receiving
6    financial assistance under this Section;
7        (2) the amount in financial assistance awarded in the
8    aggregate, in addition to the amount of loans made that are
9    outstanding and the amount of grants awarded;
10        (3) the location of the project engaged in by the
11    person or business; and
12        (4) if applicable, the number of new jobs and other
13    forms of economic output created as a result of the
14    financial assistance.
15    (f) The Department of Commerce and Economic Opportunity
16shall include engagement with individuals with limited English
17proficiency as part of its outreach provided or targeted to
18attract and support Social Equity Applicants.
19(Source: P.A. 101-27, eff. 6-25-19.)
 
20    (410 ILCS 705/7-25)
21    Sec. 7-25. Transfer of license awarded to Qualified Social
22Equity Applicant.
23    (a) In the event a Qualified Social Equity Applicant seeks
24to transfer, sell, or grant a cannabis business establishment
25license within 5 years after it was issued to a person or

 

 

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1entity that does not qualify as a Social Equity Applicant, the
2transfer agreement shall require the new license holder to pay
3the Cannabis Business Development Fund an amount equal to:
4        (1) any fees that were waived by any State agency based
5    on the applicant's status as a Social Equity Applicant, if
6    applicable;
7        (2) any outstanding amount owed by the Qualified Social
8    Equity Applicant for a loan through the Cannabis Business
9    Development Fund, if applicable; and
10        (3) the full amount of any grants that the Qualified
11    Social Equity Applicant received from the Department of
12    Commerce and Economic Opportunity, if applicable.
13    (b) Transfers of cannabis business establishment licenses
14awarded to a Social Equity Applicant are subject to all other
15provisions of this Act, the Compassionate Use of Medical
16Cannabis Pilot Program Act, and rules regarding transfers.
17(Source: P.A. 101-27, eff. 6-25-19.)
 
18    (410 ILCS 705/10-5)
19    Sec. 10-5. Personal use of cannabis; restrictions on
20cultivation; penalties.
21    (a) Beginning January 1, 2020, notwithstanding any other
22provision of law, and except as otherwise provided in this Act,
23the following acts are not a violation of this Act and shall
24not be a criminal or civil offense under State law or the
25ordinances of any unit of local government of this State or be

 

 

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1a basis for seizure or forfeiture of assets under State law for
2persons other than natural individuals under 21 years of age:
3        (1) possession, consumption, use, purchase, obtaining,
4    or transporting cannabis paraphernalia or an amount of
5    cannabis for personal use that does not exceed the
6    possession limit under Section 10-10 or otherwise in
7    accordance with the requirements of this Act;
8        (2) cultivation of cannabis for personal use in
9    accordance with the requirements of this Act; and
10        (3) controlling property if actions that are
11    authorized by this Act occur on the property in accordance
12    with this Act.
13    (a-1) Beginning January 1, 2020, notwithstanding any other
14provision of law, and except as otherwise provided in this Act,
15possessing, consuming, using, purchasing, obtaining, or
16transporting cannabis paraphernalia or an amount of cannabis
17purchased or produced in accordance with this Act that does not
18exceed the possession limit under subsection (a) of Section
1910-10 shall not be a basis for seizure or forfeiture of assets
20under State law.
21    (b) Cultivating cannabis for personal use is subject to the
22following limitations:
23        (1) An Illinois resident 21 years of age or older who
24    is a registered qualifying patient under the Compassionate
25    Use of Medical Cannabis Pilot Program Act may cultivate
26    cannabis plants, with a limit of 5 plants that are more

 

 

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1    than 5 inches tall, per household without a cultivation
2    center or craft grower license. In this Section, "resident"
3    means a person who has been domiciled in the State of
4    Illinois for a period of 30 days before cultivation.
5        (2) Cannabis cultivation must take place in an
6    enclosed, locked space.
7        (3) Adult registered qualifying patients may purchase
8    cannabis seeds from a dispensary for the purpose of home
9    cultivation. Seeds may not be given or sold to any other
10    person.
11        (4) Cannabis plants shall not be stored or placed in a
12    location where they are subject to ordinary public view, as
13    defined in this Act. A registered qualifying patient who
14    cultivates cannabis under this Section shall take
15    reasonable precautions to ensure the plants are secure from
16    unauthorized access, including unauthorized access by a
17    person under 21 years of age.
18        (5) Cannabis cultivation may occur only on residential
19    property lawfully in possession of the cultivator or with
20    the consent of the person in lawful possession of the
21    property. An owner or lessor of residential property may
22    prohibit the cultivation of cannabis by a lessee.
23        (6) (Blank).
24        (7) A dwelling, residence, apartment, condominium
25    unit, enclosed, locked space, or piece of property not
26    divided into multiple dwelling units shall not contain more

 

 

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1    than 5 plants at any one time.
2        (8) Cannabis plants may only be tended by registered
3    qualifying patients who reside at the residence, or their
4    authorized agent attending to the residence for brief
5    periods, such as when the qualifying patient is temporarily
6    away from the residence.
7        (9) A registered qualifying patient who cultivates
8    more than the allowable number of cannabis plants, or who
9    sells or gives away cannabis plants, cannabis, or
10    cannabis-infused products produced under this Section, is
11    liable for penalties as provided by law, including the
12    Cannabis Control Act, in addition to loss of home
13    cultivation privileges as established by rule.
14(Source: P.A. 101-27, eff. 6-25-19.)
 
15    (410 ILCS 705/10-10)
16    Sec. 10-10. Possession limit.
17    (a) Except if otherwise authorized by this Act, for a
18person who is 21 years of age or older and a resident of this
19State, the possession limit is as follows:
20        (1) 30 grams of cannabis flower;
21        (2) no more than 500 milligrams of THC contained in
22    cannabis-infused product;
23        (3) 5 grams of cannabis concentrate; and
24        (4) for registered qualifying patients, any cannabis
25    produced by cannabis plants grown under subsection (b) of

 

 

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1    Section 10-5, provided any amount of cannabis produced in
2    excess of 30 grams of raw cannabis or its equivalent must
3    remain secured within the residence or residential
4    property in which it was grown.
5    (b) For a person who is 21 years of age or older and who is
6not a resident of this State, the possession limit is:
7        (1) 15 grams of cannabis flower;
8        (2) 2.5 grams of cannabis concentrate; and
9        (3) 250 milligrams of THC contained in a
10    cannabis-infused product.
11    (c) The possession limits found in subsections (a) and (b)
12of this Section are to be considered cumulative.
13    (d) No person shall knowingly obtain, seek to obtain, or
14possess an amount of cannabis from a dispensing organization or
15craft grower that would cause him or her to exceed the
16possession limit under this Section, including cannabis that is
17cultivated by a person under this Act or obtained under the
18Compassionate Use of Medical Cannabis Pilot Program Act.
19    (e) Cannabis and cannabis-derived substances regulated
20under the Industrial Hemp Act are not covered by this Act.
21(Source: P.A. 101-27, eff. 6-25-19.)
 
22    (410 ILCS 705/10-15)
23    Sec. 10-15. Persons under 21 years of age.
24    (a) Nothing in this Act is intended to permit the transfer
25of cannabis, with or without remuneration, to a person under 21

 

 

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1years of age, or to allow a person under 21 years of age to
2purchase, possess, use, process, transport, grow, or consume
3cannabis except where authorized by the Compassionate Use of
4Medical Cannabis Pilot Program Act or by the Community College
5Cannabis Vocational Pilot Program.
6    (b) Notwithstanding any other provisions of law
7authorizing the possession of medical cannabis, nothing in this
8Act authorizes a person who is under 21 years of age to possess
9cannabis. A person under 21 years of age with cannabis in his
10or her possession is guilty of a civil law violation as
11outlined in paragraph (a) of Section 4 of the Cannabis Control
12Act.
13    (c) If the person under the age of 21 was in a motor
14vehicle at the time of the offense, the Secretary of State may
15suspend or revoke the driving privileges of any person for a
16violation of this Section under Section 6-206 of the Illinois
17Vehicle Code and the rules adopted under it.
18    (d) It is unlawful for any parent or guardian to knowingly
19permit his or her residence, any other private property under
20his or her control, or any vehicle, conveyance, or watercraft
21under his or her control to be used by an invitee of the
22parent's child or the guardian's ward, if the invitee is under
23the age of 21, in a manner that constitutes a violation of this
24Section. A parent or guardian is deemed to have knowingly
25permitted his or her residence, any other private property
26under his or her control, or any vehicle, conveyance, or

 

 

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1watercraft under his or her control to be used in violation of
2this Section if he or she knowingly authorizes or permits
3consumption of cannabis by underage invitees. Any person who
4violates this subsection (d) is guilty of a Class A misdemeanor
5and the person's sentence shall include, but shall not be
6limited to, a fine of not less than $500. If a violation of
7this subsection (d) directly or indirectly results in great
8bodily harm or death to any person, the person violating this
9subsection is guilty of a Class 4 felony. In this subsection
10(d), where the residence or other property has an owner and a
11tenant or lessee, the trier of fact may infer that the
12residence or other property is occupied only by the tenant or
13lessee.
14(Source: P.A. 101-27, eff. 6-25-19.)
 
15    (410 ILCS 705/10-25)
16    Sec. 10-25. Immunities and presumptions related to the use
17of cannabis by purchasers.
18    (a) A purchaser who is 21 years of age or older is not
19subject to arrest, prosecution, denial of any right or
20privilege, or other punishment including, but not limited to,
21any civil penalty or disciplinary action taken by an
22occupational or professional licensing board, based solely on
23the use of cannabis if (1) the purchaser possesses an amount of
24cannabis that does not exceed the possession limit under
25Section 10-10 and, if the purchaser is licensed, certified, or

 

 

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1registered to practice any trade or profession under any Act
2and (2) the use of cannabis does not impair that person when he
3or she is engaged in the practice of the profession for which
4he or she is licensed, certified, or registered.
5    (b) A purchaser 21 years of age or older is not subject to
6arrest, prosecution, denial of any right or privilege, or other
7punishment, including, but not limited to, any civil penalty or
8disciplinary action taken by an occupational or professional
9licensing board, based solely for (i) selling cannabis
10paraphernalia if employed and licensed as a dispensing agent by
11a dispensing organization; or (ii) being in the presence or
12vicinity of the use of cannabis or cannabis paraphernalia as
13allowed under this Act; or (iii) possessing cannabis
14paraphernalia.
15    (c) Mere possession of, or application for, an agent
16identification card or license does not constitute probable
17cause or reasonable suspicion to believe that a crime has been
18committed, nor shall it be used as the sole basis to support
19the search of the person, property, or home of the person
20possessing or applying for the agent identification card. The
21possession of, or application for, an agent identification card
22does not preclude the existence of probable cause if probable
23cause exists based on other grounds.
24    (d) No person employed by the State of Illinois shall be
25subject to criminal or civil penalties for taking any action in
26good faith in reliance on this Act when acting within the scope

 

 

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1of his or her employment. Representation and indemnification
2shall be provided to State employees as set forth in Section 2
3of the State Employee Indemnification Act.
4    (e) No law enforcement or correctional agency, nor any
5person employed by a law enforcement or correctional agency,
6shall be subject to criminal or civil liability, except for
7willful and wanton misconduct, as a result of taking any action
8within the scope of the official duties of the agency or person
9to prohibit or prevent the possession or use of cannabis by a
10person incarcerated at a correctional facility, jail, or
11municipal lockup facility, on parole or mandatory supervised
12release, or otherwise under the lawful jurisdiction of the
13agency or person.
14    (f) For purposes of receiving medical care, including organ
15transplants, a person's use of cannabis under this Act does not
16constitute the use of an illicit substance or otherwise
17disqualify a person from medical care.
18(Source: P.A. 101-27, eff. 6-25-19.)
 
19    (410 ILCS 705/10-30)
20    Sec. 10-30. Discrimination prohibited.
21    (a) Neither the presence of cannabinoid components or
22metabolites in a person's bodily fluids nor possession of
23cannabis-related paraphernalia, nor conduct related to the use
24of cannabis or the participation in cannabis-related
25activities lawful under this Act by a custodial or noncustodial

 

 

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1parent, grandparent, legal guardian, foster parent, or other
2person charged with the well-being of a child, shall form the
3sole or primary basis or supporting basis for any action or
4proceeding by a child welfare agency or in a family or juvenile
5court, any adverse finding, adverse evidence, or restriction of
6any right or privilege in a proceeding related to adoption of a
7child, acting as a foster parent of a child, or a person's
8fitness to adopt a child or act as a foster parent of a child,
9or serve as the basis of any adverse finding, adverse evidence,
10or restriction of any right of privilege in a proceeding
11related to guardianship, conservatorship, trusteeship, the
12execution of a will, or the management of an estate, unless the
13person's actions in relation to cannabis created an
14unreasonable danger to the safety of the minor or otherwise
15show the person to not be competent as established by clear and
16convincing evidence. This subsection applies only to conduct
17protected under this Act.
18    (b) No landlord may be penalized or denied any benefit
19under State law for leasing to a person who uses cannabis under
20this Act.
21    (c) Nothing in this Act may be construed to require any
22person or establishment in lawful possession of property to
23allow a guest, client, lessee, customer, or visitor to use
24cannabis on or in that property, including on any land owned in
25whole or in part or managed in whole or in part by the State.
26(Source: P.A. 101-27, eff. 6-25-19.)
 

 

 

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1    (410 ILCS 705/10-35)
2    Sec. 10-35. Limitations and penalties.
3    (a) This Act does not permit any person to engage in, and
4does not prevent the imposition of any civil, criminal, or
5other penalties for engaging in, any of the following conduct:
6        (1) undertaking any task under the influence of
7    cannabis when doing so would constitute negligence,
8    professional malpractice, or professional misconduct;
9        (2) possessing cannabis:
10            (A) in a school bus, unless permitted for a
11        qualifying patient or caregiver pursuant to the
12        Compassionate Use of Medical Cannabis Pilot Program
13        Act;
14            (B) on the grounds of any preschool or primary or
15        secondary school, unless permitted for a qualifying
16        patient or caregiver pursuant to the Compassionate Use
17        of Medical Cannabis Pilot Program Act;
18            (C) in any correctional facility;
19            (D) in a vehicle not open to the public unless the
20        cannabis is in a reasonably secured, sealed container
21        and reasonably inaccessible while the vehicle is
22        moving; or
23            (E) in a private residence that is used at any time
24        to provide licensed child care or other similar social
25        service care on the premises;

 

 

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1        (3) using cannabis:
2            (A) in a school bus, unless permitted for a
3        qualifying patient or caregiver pursuant to the
4        Compassionate Use of Medical Cannabis Pilot Program
5        Act;
6            (B) on the grounds of any preschool or primary or
7        secondary school, unless permitted for a qualifying
8        patient or caregiver pursuant to the Compassionate Use
9        of Medical Cannabis Pilot Program Act;
10            (C) in any correctional facility;
11            (D) in any motor vehicle;
12            (E) in a private residence that is used at any time
13        to provide licensed child care or other similar social
14        service care on the premises;
15            (F) in any public place; or
16            (G) knowingly in close physical proximity to
17        anyone under 21 years of age who is not a registered
18        medical cannabis patient under the Compassionate Use
19        of Medical Cannabis Pilot Program Act;
20        (4) smoking cannabis in any place where smoking is
21    prohibited under the Smoke Free Illinois Act;
22        (5) operating, navigating, or being in actual physical
23    control of any motor vehicle, aircraft, watercraft, or
24    snowmobile while using or under the influence of cannabis
25    in violation of Section 11-501 or 11-502.1 of the Illinois
26    Vehicle Code, Section 5-16 of the Boat Registration and

 

 

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1    Safety Act, or Section 5-7 of the Snowmobile Registration
2    and Safety Act or motorboat while using or under the
3    influence of cannabis in violation of Section 11-501 or
4    11-502.1 of the Illinois Vehicle Code;
5        (6) facilitating the use of cannabis by any person who
6    is not allowed to use cannabis under this Act or the
7    Compassionate Use of Medical Cannabis Pilot Program Act;
8        (7) transferring cannabis to any person contrary to
9    this Act or the Compassionate Use of Medical Cannabis Pilot
10    Program Act;
11        (8) the use of cannabis by a law enforcement officer,
12    corrections officer, probation officer, or firefighter
13    while on duty; nothing in this Act prevents a public
14    employer of law enforcement officers, corrections
15    officers, probation officers, paramedics, or firefighters
16    from prohibiting or taking disciplinary action for the
17    consumption, possession, sales, purchase, or delivery of
18    cannabis or cannabis-infused substances while on or off
19    duty, unless provided for in the employer's policies.
20    However, an employer may not take adverse employment action
21    against an employee based solely on the lawful possession
22    or consumption of cannabis or cannabis-infused substances
23    by members of the employee's household. To the extent that
24    this Section conflicts with any applicable collective
25    bargaining agreement, the provisions of the collective
26    bargaining agreement shall prevail. Further, nothing in

 

 

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1    this Act shall be construed to limit in any way the right
2    to collectively bargain over the subject matters contained
3    in this Act; or
4        (9) the use of cannabis by a person who has a school
5    bus permit or a Commercial Driver's License while on duty.
6    As used in this Section, "public place" means any place
7where a person could reasonably be expected to be observed by
8others. "Public place" includes all parts of buildings owned in
9whole or in part, or leased, by the State or a unit of local
10government. "Public place" includes all areas in a park,
11recreation area, wildlife area or playground owned in whole or
12in part, leased, or managed by the State. "Public place" does
13not include a private residence unless the private residence is
14used to provide licensed child care, foster care, or other
15similar social service care on the premises.
16    (b) Nothing in this Act shall be construed to prevent the
17arrest or prosecution of a person for reckless driving or
18driving under the influence of cannabis, operating a watercraft
19under the influence of cannabis, or operating a snowmobile
20under the influence of cannabis if probable cause exists.
21    (c) Nothing in this Act shall prevent a private business
22from restricting or prohibiting the use of cannabis on its
23property, including areas where motor vehicles are parked.
24    (d) Nothing in this Act shall require an individual or
25business entity to violate the provisions of federal law,
26including colleges or universities that must abide by the

 

 

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1Drug-Free Schools and Communities Act Amendments of 1989, that
2require campuses to be drug free.
3(Source: P.A. 101-27, eff. 6-25-19.)
 
4    (410 ILCS 705/10-40)
5    Sec. 10-40. Restore, Reinvest, and Renew Program.
6    (a) The General Assembly finds that in order to address the
7disparities described below, aggressive approaches and
8targeted resources to support local design and control of
9community-based responses to these outcomes are required. To
10carry out this intent, the Restore, Reinvest, and Renew (R3)
11Program is created for the following purposes:
12        (1) to directly address the impact of economic
13    disinvestment, violence, and the historical overuse of
14    criminal justice responses to community and individual
15    needs by providing resources to support local design and
16    control of community-based responses to these impacts;
17        (2) to substantially reduce both the total amount of
18    gun violence and concentrated poverty in this State;
19        (3) to protect communities from gun violence through
20    targeted investments and intervention programs, including
21    economic growth and improving family violence prevention,
22    community trauma treatment rates, gun injury victim
23    services, and public health prevention activities;
24        (4) to promote employment infrastructure and capacity
25    building related to the social determinants of health in

 

 

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1    the eligible community areas.
2    (b) In this Section, "Authority" means the Illinois
3Criminal Justice Information Authority in coordination with
4the Justice, Equity, and Opportunity Initiative of the
5Lieutenant Governor's Office.
6    (c) Eligibility of R3 Areas. Within 180 days after the
7effective date of this Act, the Authority shall identify as
8eligible, areas in this State by way of historically recognized
9geographic boundaries, to be designated by the Restore,
10Reinvest, and Renew Program Board as R3 Areas and therefore
11eligible to apply for R3 funding. Local groups within R3 Areas
12will be eligible to apply for State funding through the
13Restore, Reinvest, and Renew Program Board. Qualifications for
14designation as an R3 Area are as follows:
15        (1) Based on an analysis of data, communities in this
16    State that are high need, underserved, disproportionately
17    impacted by historical economic disinvestment, and ravaged
18    by violence as indicated by the highest rates of gun
19    injury, unemployment, child poverty rates, and commitments
20    to and returns from the Illinois Department of Corrections.
21        (2) The Authority shall send to the Legislative Audit
22    Commission and make publicly available its analysis and
23    identification of eligible R3 Areas and shall recalculate
24    the he eligibility data every 4 years. On an annual basis,
25    the Authority shall analyze data and indicate if data
26    covering any R3 Area or portion of an Area has, for 4

 

 

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1    consecutive years, substantially deviated from the average
2    of statewide data on which the original calculation was
3    made to determine the Areas, including disinvestment,
4    violence, gun injury, unemployment, child poverty rates,
5    or commitments to or returns from the Illinois Department
6    of Corrections.
7    (d) The Restore, Reinvest, and Renew Program Board shall
8encourage collaborative partnerships within each R3 Area to
9minimize multiple partnerships per Area.
10    (e) The Restore, Reinvest, and Renew Program Board is
11created and shall reflect the diversity of the State of
12Illinois, including geographic, racial, and ethnic diversity.
13Using the data provided by the Authority, the Restore,
14Reinvest, and Renew Program Board shall be responsible for
15designating the R3 Area boundaries and for the selection and
16oversight of R3 Area grantees. The Restore, Reinvest, and Renew
17Program Board ex officio members shall, within 4 months after
18the effective date of this Act, convene the Board to appoint a
19full Restore, Reinvest, and Renew Program Board and oversee,
20provide guidance to, and develop an administrative structure
21for the R3 Program.
22            (1) The ex officio members are:
23                (A) The Lieutenant Governor, or his or her
24            designee, who shall serve as chair.
25                (B) The Attorney General, or his or her
26            designee.

 

 

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1                (C) The Director of Commerce and Economic
2            Opportunity, or his or her designee.
3                (D) The Director of Public Health, or his or
4            her designee.
5                (E) The Director of Corrections, or his or her
6            designee.
7                (F) The Director of Juvenile Justice, or his or
8            her designee.
9                (G) The Director of Children and Family
10            Services, or his or her designee.
11                (H) (F) The Executive Director of the Illinois
12            Criminal Justice Information Authority, or his or
13            her designee.
14                (I) (G) The Director of Employment Security,
15            or his or her designee.
16                (J) (H) The Secretary of Human Services, or his
17            or her designee.
18                (K) (I) A member of the Senate, designated by
19            the President of the Senate.
20                (L) (J) A member of the House of
21            Representatives, designated by the Speaker of the
22            House of Representatives.
23                (M) (K) A member of the Senate, designated by
24            the Minority Leader of the Senate.
25                (N) (L) A member of the House of
26            Representatives, designated by the Minority Leader

 

 

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1            of the House of Representatives.
2        (2) Within 90 days after the R3 Areas have been
3    designated by the Restore, Reinvest, and Renew Program
4    Board, the following members shall be appointed to the
5    Board by the R3 board chair:
6            (A) Eight public officials of municipal geographic
7        jurisdictions in the State that include an R3 Area, or
8        their designees;
9            (B) Four 4 community-based providers or community
10        development organization representatives who provide
11        services to treat violence and address the social
12        determinants of health, or promote community
13        investment, including, but not limited to, services
14        such as job placement and training, educational
15        services, workforce development programming, and
16        wealth building. The community-based organization
17        representatives shall work primarily in jurisdictions
18        that include an R3 Area and no more than 2
19        representatives shall work primarily in Cook County.
20        At least one of the community-based providers shall
21        have expertise in providing services to an immigrant
22        population;
23            (C) Two experts in the field of violence reduction;
24            (D) One male who has previously been incarcerated
25        and is over the age of 24 at the time of appointment;
26            (E) One female who has previously been

 

 

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1        incarcerated and is over the age of 24 at the time of
2        appointment;
3            (F) Two individuals who have previously been
4        incarcerated and are between the ages of 17 and 24 at
5        the time of appointment.
6        As used in this paragraph (2), "an individual who has
7    been previously incarcerated" means a person who has been
8    convicted of or pled guilty to one or more felonies, who
9    was sentenced to a term of imprisonment, and who has
10    completed his or her sentence. Board members shall serve
11    without compensation and may be reimbursed for reasonable
12    expenses incurred in the performance of their duties from
13    funds appropriated for that purpose. Once all its members
14    have been appointed as outlined in items (A) through (F) of
15    this paragraph (2), the Board may exercise any power,
16    perform any function, take any action, or do anything in
17    furtherance of its purposes and goals upon the appointment
18    of a quorum of its members. The Board terms of the non-ex
19    officio and General Assembly Board members shall end 4
20    years from the date of appointment.
21    (f) Within 12 months after the effective date of this Act,
22the Board shall:
23        (1) develop a process to solicit applications from
24    eligible R3 Areas;
25        (2) develop a standard template for both planning and
26    implementation activities to be submitted by R3 Areas to

 

 

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1    the State;
2        (3) identify resources sufficient to support the full
3    administration and evaluation of the R3 Program, including
4    building and sustaining core program capacity at the
5    community and State levels;
6        (4) review R3 Area grant applications and proposed
7    agreements and approve the distribution of resources;
8        (5) develop a performance measurement system that
9    focuses on positive outcomes;
10        (6) develop a process to support ongoing monitoring and
11    evaluation of R3 programs; and
12        (7) deliver an annual report to the General Assembly
13    and to the Governor to be posted on the Governor's Office
14    and General Assembly websites and provide to the public an
15    annual report on its progress.
16    (g) R3 Area grants.
17        (1) Grant funds shall be awarded by the Illinois
18    Criminal Justice Information Authority, in coordination
19    with the R3 board, based on the likelihood that the plan
20    will achieve the outcomes outlined in subsection (a) and
21    consistent with the requirements of the Grant
22    Accountability and Transparency Act. The R3 Program shall
23    also facilitate the provision of training and technical
24    assistance for capacity building within and among R3 Areas.
25        (2) R3 Program Board grants shall be used to address
26    economic development, violence prevention services,

 

 

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1    re-entry services, youth development, and civil legal aid.
2        (3) The Restore, Reinvest, and Renew Program Board and
3    the R3 Area grantees shall, within a period of no more than
4    120 days from the completion of planning activities
5    described in this Section, finalize an agreement on the
6    plan for implementation. Implementation activities may:
7            (A) have a basis in evidence or best practice
8        research or have evaluations demonstrating the
9        capacity to address the purpose of the program in
10        subsection (a);
11            (B) collect data from the inception of planning
12        activities through implementation, with data
13        collection technical assistance when needed, including
14        cost data and data related to identified meaningful
15        short-term, mid-term, and long-term goals and metrics;
16            (C) report data to the Restore, Reinvest, and Renew
17        Program Board biannually; and
18            (D) report information as requested by the R3
19        Program Board.
20(Source: P.A. 101-27, eff. 6-25-19.)
 
21    (410 ILCS 705/10-50)
22    Sec. 10-50. Employment; employer liability.
23    (a) Nothing in this Act shall prohibit an employer from
24adopting reasonable zero tolerance or drug free workplace
25policies, or employment policies concerning drug testing,

 

 

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1smoking, consumption, storage, or use of cannabis in the
2workplace or while on call provided that the policy is applied
3in a nondiscriminatory manner.
4    (b) Nothing in this Act shall require an employer to permit
5an employee to be under the influence of or use cannabis in the
6employer's workplace or while performing the employee's job
7duties or while on call.
8    (c) Nothing in this Act shall limit or prevent an employer
9from disciplining an employee or terminating employment of an
10employee for violating an employer's employment policies or
11workplace drug policy.
12    (d) An employer may consider an employee to be impaired or
13under the influence of cannabis if the employer has a good
14faith belief that an employee manifests specific, articulable
15symptoms while working that decrease or lessen the employee's
16performance of the duties or tasks of the employee's job
17position, including symptoms of the employee's speech,
18physical dexterity, agility, coordination, demeanor,
19irrational or unusual behavior, or negligence or carelessness
20in operating equipment or machinery; disregard for the safety
21of the employee or others, or involvement in any accident that
22results in serious damage to equipment or property; disruption
23of a production or manufacturing process; or carelessness that
24results in any injury to the employee or others. If an employer
25elects to discipline an employee on the basis that the employee
26is under the influence or impaired by cannabis, the employer

 

 

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1must afford the employee a reasonable opportunity to contest
2the basis of the determination.
3    (e) Nothing in this Act shall be construed to create or
4imply a cause of action for any person against an employer for:
5        (1) actions taken pursuant to an employer's reasonable
6    workplace drug policy, including but not limited to
7    subjecting an employee or applicant to reasonable drug and
8    alcohol testing, reasonable and nondiscriminatory random
9    drug testing, and discipline, termination of employment,
10    or withdrawal of a job offer due to a failure of a drug
11    test; , including but not limited to subjecting an employee
12    or applicant to reasonable drug and alcohol testing under
13    the employer's workplace drug policy, including an
14    employee's refusal to be tested or to cooperate in testing
15    procedures or disciplining or termination of employment,
16        (2) actions based on the employer's good faith belief
17    that an employee used or possessed cannabis in the
18    employer's workplace or while performing the employee's
19    job duties or while on call in violation of the employer's
20    employment policies;
21        (3) (2) actions, including discipline or termination
22    of employment, based on the employer's good faith belief
23    that an employee was impaired as a result of the use of
24    cannabis, or under the influence of cannabis, while at the
25    employer's workplace or while performing the employee's
26    job duties or while on call in violation of the employer's

 

 

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1    workplace drug policy; or
2        (4) (3) injury, loss, or liability to a third party if
3    the employer neither knew nor had reason to know that the
4    employee was impaired.
5    (f) Nothing in this Act shall be construed to enhance or
6diminish protections afforded by any other law, including but
7not limited to the Compassionate Use of Medical Cannabis Pilot
8Program Act or the Opioid Alternative Pilot Program.
9    (g) Nothing in this Act shall be construed to interfere
10with any federal, State, or local restrictions on employment
11including, but not limited to, the United States Department of
12Transportation regulation 49 CFR 40.151(e) or impact an
13employer's ability to comply with federal or State law or cause
14it to lose a federal or State contract or funding.
15    (h) As used in this Section, "workplace" means the
16employer's premises, including any building, real property,
17and parking area under the control of the employer or area used
18by an employee while in the performance of the employee's job
19duties, and vehicles, whether leased, rented, or owned.
20"Workplace" may be further defined by the employer's written
21employment policy, provided that the policy is consistent with
22this Section.
23    (i) For purposes of this Section, an employee is deemed "on
24call" when such employee is scheduled with at least 24 hours'
25notice by his or her employer to be on standby or otherwise
26responsible for performing tasks related to his or her

 

 

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1employment either at the employer's premises or other
2previously designated location by his or her employer or
3supervisor to perform a work-related task.
4(Source: P.A. 101-27, eff. 6-25-19.)
 
5    (410 ILCS 705/15-15)
6    Sec. 15-15. Early Approval Adult Use Dispensing
7Organization License.
8    (a) Any medical cannabis dispensing organization holding a
9valid registration under the Compassionate Use of Medical
10Cannabis Pilot Program Act as of the effective date of this Act
11may, within 60 days of the effective date of this Act, apply to
12the Department for an Early Approval Adult Use Dispensing
13Organization License to serve purchasers at any medical
14cannabis dispensing location in operation on the effective date
15of this Act, pursuant to this Section.
16    (b) A medical cannabis dispensing organization seeking
17issuance of an Early Approval Adult Use Dispensing Organization
18License to serve purchasers at any medical cannabis dispensing
19location in operation as of the effective date of this Act
20shall submit an application on forms provided by the
21Department. The application must be submitted by the same
22person or entity that holds the medical cannabis dispensing
23organization registration and include the following:
24        (1) Payment of a nonrefundable fee of $30,000 to be
25    deposited into the Cannabis Regulation Fund;

 

 

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1        (2) Proof of registration as a medical cannabis
2    dispensing organization that is in good standing;
3        (3) Certification that the applicant will comply with
4    the requirements contained in the Compassionate Use of
5    Medical Cannabis Pilot Program Act except as provided in
6    this Act;
7        (4) The legal name of the dispensing organization;
8        (5) The physical address of the dispensing
9    organization;
10        (6) The name, address, social security number, and date
11    of birth of each principal officer and board member of the
12    dispensing organization, each of whom must be at least 21
13    years of age;
14        (7) A nonrefundable Cannabis Business Development Fee
15    equal to 3% of the dispensing organization's total sales
16    between June 1, 2018 to June 1, 2019, or $100,000,
17    whichever is less, to be deposited into the Cannabis
18    Business Development Fund; and
19        (8) Identification of one of the following Social
20    Equity Inclusion Plans to be completed by March 31, 2021:
21            (A) Make a contribution of 3% of total sales from
22        June 1, 2018 to June 1, 2019, or $100,000, whichever is
23        less, to the Cannabis Business Development Fund. This
24        is in addition to the fee required by item (7) of this
25        subsection (b);
26            (B) Make a grant of 3% of total sales from June 1,

 

 

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1        2018 to June 1, 2019, or $100,000, whichever is less,
2        to a cannabis industry training or education program at
3        an Illinois community college as defined in the Public
4        Community College Act;
5            (C) Make a donation of $100,000 or more to a
6        program that provides job training services to persons
7        recently incarcerated or that operates in a
8        Disproportionately Impacted Area;
9            (D) Participate as a host in a cannabis business
10        establishment incubator program approved by the
11        Department of Commerce and Economic Opportunity, and
12        in which an Early Approval Adult Use Dispensing
13        Organization License holder agrees to provide a loan of
14        at least $100,000 and mentorship to incubate, for at
15        least a year, a Social Equity Applicant intending to
16        seek a license a licensee that qualifies as a Social
17        Equity Applicant for at least a year. As used in this
18        Section, "incubate" means providing direct financial
19        assistance and training necessary to engage in
20        licensed cannabis industry activity similar to that of
21        the host licensee. The Early Approval Adult Use
22        Dispensing Organization License holder or the same
23        entity holding any other licenses issued pursuant to
24        this Act shall not take an ownership stake of greater
25        than 10% in any business receiving incubation services
26        to comply with this subsection. If an Early Approval

 

 

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1        Adult Use Dispensing Organization License holder fails
2        to find a business to incubate to comply with this
3        subsection before its Early Approval Adult Use
4        Dispensing Organization License expires, it may opt to
5        meet the requirement of this subsection by completing
6        another item from this subsection; or
7            (E) Participate in a sponsorship program for at
8        least 2 years approved by the Department of Commerce
9        and Economic Opportunity in which an Early Approval
10        Adult Use Dispensing Organization License holder
11        agrees to provide an interest-free loan of at least
12        $200,000 to a Social Equity Applicant. The sponsor
13        shall not take an ownership stake in any cannabis
14        business establishment receiving sponsorship services
15        to comply with this subsection.
16    (c) The license fee required by paragraph (1) of subsection
17(b) of this Section shall be in addition to any license fee
18required for the renewal of a registered medical cannabis
19dispensing organization license.
20    (d) Applicants must submit all required information,
21including the requirements in subsection (b) of this Section,
22to the Department. Failure by an applicant to submit all
23required information may result in the application being
24disqualified.
25    (e) If the Department receives an application that fails to
26provide the required elements contained in subsection (b), the

 

 

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1Department shall issue a deficiency notice to the applicant.
2The applicant shall have 10 calendar days from the date of the
3deficiency notice to submit complete information. Applications
4that are still incomplete after this opportunity to cure may be
5disqualified.
6    (f) If an applicant meets all the requirements of
7subsection (b) of this Section, the Department shall issue the
8Early Approval Adult Use Dispensing Organization License
9within 14 days of receiving a completed application unless:
10        (1) The licensee or a principal officer is delinquent
11    in filing any required tax returns or paying any amounts
12    owed to the State of Illinois;
13        (2) The Secretary of Financial and Professional
14    Regulation determines there is reason, based on documented
15    compliance violations, the licensee is not entitled to an
16    Early Approval Adult Use Dispensing Organization License;
17    or
18        (3) Any principal officer fails to register and remain
19    in compliance with this Act or the Compassionate Use of
20    Medical Cannabis Pilot Program Act.
21    (g) A registered medical cannabis dispensing organization
22that obtains an Early Approval Adult Use Dispensing
23Organization License may begin selling cannabis,
24cannabis-infused products, paraphernalia, and related items to
25purchasers under the rules of this Act no sooner than January
261, 2020.

 

 

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1    (h) A dispensing organization holding a medical cannabis
2dispensing organization license issued under the Compassionate
3Use of Medical Cannabis Pilot Program Act must maintain an
4adequate supply of cannabis and cannabis-infused products for
5purchase by qualifying patients, caregivers, provisional
6patients, and Opioid Alternative Pilot Program participants.
7For the purposes of this subsection, "adequate supply" means a
8monthly inventory level that is comparable in type and quantity
9to those medical cannabis products provided to patients and
10caregivers on an average monthly basis for the 6 months before
11the effective date of this Act.
12    (i) If there is a shortage of cannabis or cannabis-infused
13products, a dispensing organization holding both a dispensing
14organization license under the Compassionate Use of Medical
15Cannabis Pilot Program Act and this Act shall prioritize
16serving qualifying patients, caregivers, provisional patients,
17and Opioid Alternative Pilot Program participants before
18serving purchasers.
19    (j) Notwithstanding any law or rule to the contrary, a
20person that holds a medical cannabis dispensing organization
21license issued under the Compassionate Use of Medical Cannabis
22Pilot Program Act and an Early Approval Adult Use Dispensing
23Organization License may permit purchasers into a limited
24access area as that term is defined in administrative rules
25made under the authority in the Compassionate Use of Medical
26Cannabis Pilot Program Act.

 

 

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1    (k) An Early Approval Adult Use Dispensing Organization
2License is valid until March 31, 2021. A dispensing
3organization that obtains an Early Approval Adult Use
4Dispensing Organization License shall receive written or
5electronic notice 90 days before the expiration of the license
6that the license will expire, and that informs inform the
7license holder that it may apply to renew its Early Approval
8Adult Use Dispensing Organization License on forms provided by
9the Department. The Department shall renew the Early Approval
10Adult Use Dispensing Organization License within 60 days of the
11renewal application being deemed complete if:
12        (1) the dispensing organization submits an application
13    and the required nonrefundable renewal fee of $30,000, to
14    be deposited into the Cannabis Regulation Fund;
15        (2) the Department has not suspended or permanently
16    revoked the Early Approval Adult Use Dispensing
17    Organization License or a medical cannabis dispensing
18    organization license on the same premises for violations of
19    this Act, the Compassionate Use of Medical Cannabis Pilot
20    Program Act, or rules adopted pursuant to those Acts; and
21        (3) the dispensing organization has completed a Social
22    Equity Inclusion Plan as provided required by parts (A),
23    (B), and (C) of paragraph (8) of subsection (b) of this
24    Section or has made substantial progress toward completing
25    a Social Equity Inclusion Plan as provided by parts (D) and
26    (E) of paragraph (8) of subsection (b) of this Section; and

 

 

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1        (4) the dispensing organization is in compliance with
2    this Act and rules.
3    (l) The Early Approval Adult Use Dispensing Organization
4License renewed pursuant to subsection (k) of this Section
5shall expire March 31, 2022. The Early Approval Adult Use
6Dispensing Organization Licensee shall receive written or
7electronic notice 90 days before the expiration of the license
8that the license will expire, and that informs inform the
9license holder that it may apply for an Adult Use Dispensing
10Organization License on forms provided by the Department. The
11Department shall grant an Adult Use Dispensing Organization
12License within 60 days of an application being deemed complete
13if the applicant has met all of the criteria in Section 15-36.
14    (m) If a dispensing organization dispensary fails to submit
15an application for renewal of an Early Approval Adult Use
16Dispensing Organization License or for an Adult Use Dispensing
17Organization License before the expiration dates provided in
18subsections (k) and (l) of the Early Approval Adult Use
19Dispensing Organization License pursuant to subsection (k) of
20this Section, the dispensing organization shall cease serving
21purchasers and cease all operations until it receives a renewal
22or an Adult Use Dispensing Organization License, as the case
23may be.
24    (n) A dispensing organization agent who holds a valid
25dispensing organization agent identification card issued under
26the Compassionate Use of Medical Cannabis Pilot Program Act and

 

 

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1is an officer, director, manager, or employee of the dispensing
2organization licensed under this Section may engage in all
3activities authorized by this Article to be performed by a
4dispensing organization agent.
5    (o) If the Department suspends, permanently revokes, or
6otherwise disciplines the Early Approval Adult Use Dispensing
7Organization License of a dispensing organization that also
8holds a medical cannabis dispensing organization license
9issued under the Compassionate Use of Medical Cannabis Program
10Act, the Department may consider the suspension, permanent
11revocation, or other discipline of the medical cannabis
12dispensing organization license.
13    (p) (o) All fees collected pursuant to this Section shall
14be deposited into the Cannabis Regulation Fund, unless
15otherwise specified.
16(Source: P.A. 101-27, eff. 6-25-19.)
 
17    (410 ILCS 705/15-20)
18    Sec. 15-20. Early Approval Adult Use Dispensing
19Organization License; secondary site.
20    (a) If the Department suspends or revokes the Early
21Approval Adult Use Dispensing Organization License of a
22dispensing organization that also holds a medical cannabis
23dispensing organization license issued under the Compassionate
24Use of Medical Cannabis Pilot Program Act, the Department may
25consider the suspension or revocation as grounds to take

 

 

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1disciplinary action against the medical cannabis dispensing
2organization license.
3    (a-5) If, within 360 days of the effective date of this
4Act, a dispensing organization is unable to find a location
5within the BLS Regions prescribed in subsection (a) of this
6Section in which to operate an Early Approval Adult Use
7Dispensing Organization at a secondary site because no
8jurisdiction within the prescribed area allows the operation of
9an Adult Use Cannabis Dispensing Organization, the Department
10of Financial and Professional Regulation may waive the
11geographic restrictions of subsection (a) of this Section and
12specify another BLS Region into which the dispensary may be
13placed.
14    (a) (b) Any medical cannabis dispensing organization
15holding a valid registration under the Compassionate Use of
16Medical Cannabis Pilot Program Act as of the effective date of
17this Act may, within 60 days of the effective date of this Act,
18apply to the Department for an Early Approval Adult Use
19Dispensing Organization License to operate a dispensing
20organization to serve purchasers at a secondary site not within
211,500 feet of another medical cannabis dispensing organization
22or adult use dispensing organization. The Early Approval Adult
23Use Dispensing Organization secondary site shall be within any
24BLS Region region that shares territory with the dispensing
25organization district to which the medical cannabis dispensing
26organization is assigned under the administrative rules for

 

 

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1dispensing organizations under the Compassionate Use of
2Medical Cannabis Pilot Program Act.
3    (a-5) If, within 360 days of the effective date of this
4Act, a dispensing organization is unable to find a location
5within the BLS Regions prescribed in subsection (a) of this
6Section in which to operate an Early Approval Adult Use
7Dispensing Organization at a secondary site because no
8jurisdiction within the prescribed area allows the operation of
9an Adult Use Cannabis Dispensing Organization, the Department
10of Financial and Professional Regulation may waive the
11geographic restrictions of subsection (a) of this Section and
12specify another BLS Region into which the dispensary may be
13placed.
14    (b) (Blank).
15    (c) A medical cannabis dispensing organization seeking
16issuance of an Early Approval Adult Use Dispensing Organization
17License at a secondary site to serve purchasers at a secondary
18site as prescribed in subsection (a) (b) of this Section shall
19submit an application on forms provided by the Department. The
20application must meet or include the following qualifications:
21        (1) a payment of a nonrefundable application fee of
22    $30,000;
23        (2) proof of registration as a medical cannabis
24    dispensing organization that is in good standing;
25        (3) submission of the application by the same person or
26    entity that holds the medical cannabis dispensing

 

 

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1    organization registration;
2        (4) the legal name of the medical cannabis dispensing
3    organization;
4        (5) the physical address of the medical cannabis
5    dispensing organization and the proposed physical address
6    of the secondary site;
7        (6) a copy of the current local zoning ordinance
8    Sections relevant to dispensary operations and
9    documentation of the approval, the conditional approval or
10    the status of a request for zoning approval from the local
11    zoning office that the proposed dispensary location is in
12    compliance with the local zoning rules;
13        (7) a plot plan of the dispensary drawn to scale. The
14    applicant shall submit general specifications of the
15    building exterior and interior layout;
16        (8) a statement that the dispensing organization
17    agrees to respond to the Department's supplemental
18    requests for information;
19        (9) for the building or land to be used as the proposed
20    dispensary:
21            (A) if the property is not owned by the applicant,
22        a written statement from the property owner and
23        landlord, if any, certifying consent that the
24        applicant may operate a dispensary on the premises; or
25            (B) if the property is owned by the applicant,
26        confirmation of ownership;

 

 

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1        (10) a copy of the proposed operating bylaws;
2        (11) a copy of the proposed business plan that complies
3    with the requirements in this Act, including, at a minimum,
4    the following:
5            (A) a description of services to be offered; and
6            (B) a description of the process of dispensing
7        cannabis;
8        (12) a copy of the proposed security plan that complies
9    with the requirements in this Article, including:
10            (A) a description of the delivery process by which
11        cannabis will be received from a transporting
12        organization, including receipt of manifests and
13        protocols that will be used to avoid diversion, theft,
14        or loss at the dispensary acceptance point; and
15            (B) the process or controls that will be
16        implemented to monitor the dispensary, secure the
17        premises, agents, patients, and currency, and prevent
18        the diversion, theft, or loss of cannabis; and
19            (C) the process to ensure that access to the
20        restricted access areas is restricted to, registered
21        agents, service professionals, transporting
22        organization agents, Department inspectors, and
23        security personnel;
24        (13) a proposed inventory control plan that complies
25    with this Section;
26        (14) the name, address, social security number, and

 

 

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1    date of birth of each principal officer and board member of
2    the dispensing organization; each of those individuals
3    shall be at least 21 years of age;
4        (15) a nonrefundable Cannabis Business Development Fee
5    equal to $200,000, to be deposited into the Cannabis
6    Business Development Fund; and
7        (16) a commitment to completing one of the following
8    Social Equity Inclusion Plans in subsection (d).
9    (d) Before receiving an Early Approval Adult Use Dispensing
10Organization License at a secondary site, a dispensing
11organization shall indicate the Social Equity Inclusion Plan
12that the applicant plans to achieve before the expiration of
13the Early Approval Adult Use Dispensing Organization License
14from the list below:
15        (1) make a contribution of 3% of total sales from June
16    1, 2018 to June 1, 2019, or $100,000, whichever is less, to
17    the Cannabis Business Development Fund. This is in addition
18    to the fee required by paragraph (16) of subsection (c) of
19    this Section;
20        (2) make a grant of 3% of total sales from June 1, 2018
21    to June 1, 2019, or $100,000, whichever is less, to a
22    cannabis industry training or education program at an
23    Illinois community college as defined in the Public
24    Community College Act;
25        (3) make a donation of $100,000 or more to a program
26    that provides job training services to persons recently

 

 

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1    incarcerated or that operates in a Disproportionately
2    Impacted Area;
3        (4) participate as a host in a cannabis business
4    establishment incubator program approved by the Department
5    of Commerce and Economic Opportunity, and in which an Early
6    Approval Adult Use Dispensing Organization License at a
7    secondary site holder agrees to provide a loan of at least
8    $100,000 and mentorship to incubate a licensee that
9    qualifies as a Social Equity Applicant for at least a year.
10    In this paragraph (4), "incubate" means providing direct
11    financial assistance and training necessary to engage in
12    licensed cannabis industry activity similar to that of the
13    host licensee. The Early Approval Adult Use Dispensing
14    Organization License holder or the same entity holding any
15    other licenses issued under this Act shall not take an
16    ownership stake of greater than 10% in any business
17    receiving incubation services to comply with this
18    subsection. If an Early Approval Adult Use Dispensing
19    Organization License at a secondary site holder fails to
20    find a business to incubate in order to comply with this
21    subsection before its Early Approval Adult Use Dispensing
22    Organization License at a secondary site expires, it may
23    opt to meet the requirement of this subsection by
24    completing another item from this subsection before the
25    expiration of its Early Approval Adult Use Dispensing
26    Organization License at a secondary site to avoid a

 

 

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1    penalty; or
2        (5) participate in a sponsorship program for at least 2
3    years approved by the Department of Commerce and Economic
4    Opportunity in which an Early Approval Adult Use Dispensing
5    Organization License at a secondary site holder agrees to
6    provide an interest-free loan of at least $200,000 to a
7    Social Equity Applicant. The sponsor shall not take an
8    ownership stake of greater than 10% in any business
9    receiving sponsorship services to comply with this
10    subsection.
11    (e) The license fee required by paragraph (1) of subsection
12(c) of this Section is in addition to any license fee required
13for the renewal of a registered medical cannabis dispensing
14organization license.
15    (f) Applicants must submit all required information,
16including the requirements in subsection (c) of this Section,
17to the Department. Failure by an applicant to submit all
18required information may result in the application being
19disqualified. Principal officers shall not be required to
20submit to the fingerprint and background check requirements of
21Section 5-20.
22    (g) If the Department receives an application that fails to
23provide the required elements contained in subsection (c), the
24Department shall issue a deficiency notice to the applicant.
25The applicant shall have 10 calendar days from the date of the
26deficiency notice to submit complete information. Applications

 

 

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1that are still incomplete after this opportunity to cure may be
2disqualified.
3    (h) Once all required information and documents have been
4submitted, the Department will review the application. The
5Department may request revisions and retains final approval
6over dispensary features. Once the application is complete and
7meets the Department's approval, the Department shall
8conditionally approve the license. Final approval is
9contingent on the build-out and Department inspection.
10    (i) Upon submission of the Early Approval Adult Use
11Dispensing Organization at a secondary site application, the
12applicant shall request an inspection and the Department may
13inspect the Early Approval Adult Use Dispensing Organization's
14secondary site to confirm compliance with the application and
15this Act.
16    (j) The Department shall only issue an Early Approval Adult
17Use Dispensing Organization License at a secondary site after
18the completion of a successful inspection.
19    (k) If an applicant passes the inspection under this
20Section, the Department shall issue the Early Approval Adult
21Use Dispensing Organization License at a secondary site within
2210 business days unless:
23        (1) The licensee, any principal officer or board member
24    of the licensee, or any person having a financial or voting
25    interest of 5% or greater in the licensee ; principal
26    officer, board member, or person having a financial or

 

 

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1    voting interest of 5% or greater in the licensee; or agent
2    is delinquent in filing any required tax returns or paying
3    any amounts owed to the State of Illinois; or
4        (2) The Secretary of Financial and Professional
5    Regulation determines there is reason, based on documented
6    compliance violations, the licensee is not entitled to an
7    Early Approval Adult Use Dispensing Organization License
8    at its secondary site.
9    (l) Once the Department has issued a license, the
10dispensing organization shall notify the Department of the
11proposed opening date.
12    (m) A registered medical cannabis dispensing organization
13that obtains an Early Approval Adult Use Dispensing
14Organization License at a secondary site may begin selling
15cannabis, cannabis-infused products, paraphernalia, and
16related items to purchasers under the rules of this Act no
17sooner than January 1, 2020.
18    (n) If there is a shortage of cannabis or cannabis-infused
19products, a dispensing organization holding both a dispensing
20organization license under the Compassionate Use of Medical
21Cannabis Pilot Program Act and this Article shall prioritize
22serving qualifying patients and caregivers before serving
23purchasers.
24    (o) An Early Approval Adult Use Dispensing Organization
25License at a secondary site is valid until March 31, 2021. A
26dispensing organization that obtains an Early Approval Adult

 

 

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1Use Dispensing Organization License at a secondary site shall
2receive written or electronic notice 90 days before the
3expiration of the license that the license will expire, and
4inform the license holder that it may renew its Early Approval
5Adult Use Dispensing Organization License at a secondary site.
6The Department shall renew an Early Approval Adult Use
7Dispensing Organization License at a secondary site within 60
8days of submission of the renewal application being deemed
9complete if:
10        (1) the dispensing organization submits an application
11    and the required nonrefundable renewal fee of $30,000, to
12    be deposited into the Cannabis Regulation Fund;
13        (2) the Department has not suspended or permanently
14    revoked the Early Approval Adult Use Dispensing
15    Organization License or a medical cannabis dispensing
16    organization license held by the same person or entity for
17    violating this Act or rules adopted under this Act or the
18    Compassionate Use of Medical Cannabis Pilot Program Act or
19    rules adopted under that Act; and
20        (3) the dispensing organization has completed a Social
21    Equity Inclusion Plan provided as required by paragraph
22    (1), (2), or (3) (16) of subsection (d) (c) of this Section
23    or has made substantial progress toward completing a Social
24    Equity Inclusion Plan provided by paragraph (4) or (5) of
25    subsection (d) of this Section.     
26    (p) The Early Approval Adult Use Dispensing Organization

 

 

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1Licensee at a secondary site renewed pursuant to subsection (o)
2shall receive written or electronic notice 90 days before the
3expiration of the license that the license will expire, and
4that informs inform the license holder that it may apply for an
5Adult Use Dispensing Organization License on forms provided by
6the Department. The Department shall grant an Adult Use
7Dispensing Organization License within 60 days of an
8application being deemed complete if the applicant has meet all
9of the criteria in Section 15-36.
10    (q) If a dispensing organization fails to submit an
11application for renewal of an Early Approval Adult Use
12Dispensing Organization License or for an Adult Use Dispensing
13Organization License before the expiration dates provided in
14subsections (o) and (p) of this Section, the dispensing
15organization shall cease serving purchasers until it receives a
16renewal or an Adult Use Dispensing Organization License.
17    (r) A dispensing organization agent who holds a valid
18dispensing organization agent identification card issued under
19the Compassionate Use of Medical Cannabis Pilot Program Act and
20is an officer, director, manager, or employee of the dispensing
21organization licensed under this Section may engage in all
22activities authorized by this Article to be performed by a
23dispensing organization agent.
24    (s) If the Department suspends, permanently revokes, or
25otherwise disciplines the Early Approval Adult Use Dispensing
26Organization License of a dispensing organization that also

 

 

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1holds a medical cannabis dispensing organization license
2issued under the Compassionate Use of Medical Cannabis Program
3Act, the Department may consider the suspension, permanent
4revocation, or other discipline or revokes the Early Approval
5Adult Use Dispensing Organization License of a dispensing
6organization that also holds a medical cannabis dispensing
7organization license issued under the Compassionate Use of
8Medical Cannabis Pilot Program Act, the Department may consider
9the suspension or revocation as grounds to take disciplinary
10action against the medical cannabis dispensing organization.
11    (t) All fees collected pursuant to this Section shall be
12deposited into the Cannabis Regulation Fund, unless otherwise
13specified or fines collected from an Early Approval Adult Use
14Dispensary Organization License at a secondary site holder as a
15result of a disciplinary action in the enforcement of this Act
16shall be deposited into the Cannabis Regulation Fund and be
17appropriated to the Department for the ordinary and contingent
18expenses of the Department in the administration and
19enforcement of this Section.
20(Source: P.A. 101-27, eff. 6-25-19.)
 
21    (410 ILCS 705/15-25)
22    Sec. 15-25. Awarding of Conditional Adult Use Dispensing
23Organization Licenses prior to January 1, 2021.
24    (a) The Department shall issue up to 75 Conditional Adult
25Use Dispensing Organization Licenses before May 1, 2020.

 

 

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1    (b) The Department shall make the application for a
2Conditional Adult Use Dispensing Organization License
3available no later than October 1, 2019 and shall accept
4applications no later than January 1, 2020.
5    (c) To ensure the geographic dispersion of Conditional
6Adult Use Dispensing Organization License holders, the
7following number of licenses shall be awarded in each BLS
8Region as determined by each region's percentage of the State's
9population:
10        (1) Bloomington: 1
11        (2) Cape Girardeau: 1
12        (3) Carbondale-Marion: 1
13        (4) Champaign-Urbana: 1
14        (5) Chicago-Naperville-Elgin: 47
15        (6) Danville: 1
16        (7) Davenport-Moline-Rock Island: 1
17        (8) Decatur: 1
18        (9) Kankakee: 1
19        (10) Peoria: 3
20        (11) Rockford: 2
21        (12) St. Louis: 4
22        (13) Springfield: 1
23        (14) Northwest Illinois nonmetropolitan: 3
24        (15) West Central Illinois nonmetropolitan: 3
25        (16) East Central Illinois nonmetropolitan: 2
26        (17) South Illinois nonmetropolitan: 2

 

 

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1    (d) An applicant seeking issuance of a Conditional Adult
2Use Dispensing Organization License shall submit an
3application on forms provided by the Department. An applicant
4must meet the following requirements:
5        (1) Payment of a nonrefundable application fee of
6    $5,000 for each license for which the applicant is
7    applying, which shall be deposited into the Cannabis
8    Regulation Fund;
9        (2) Certification that the applicant will comply with
10    the requirements contained in this Act;
11        (3) The legal name of the proposed dispensing
12    organization;
13        (4) A statement that the dispensing organization
14    agrees to respond to the Department's supplemental
15    requests for information;
16        (5) From each principal officer, a statement
17    indicating whether that person:
18            (A) has previously held or currently holds an
19        ownership interest in a cannabis business
20        establishment in Illinois; or
21            (B) has held an ownership interest in a dispensing
22        organization or its equivalent in another state or
23        territory of the United States that had the dispensing
24        organization registration or license suspended,
25        revoked, placed on probationary status, or subjected
26        to other disciplinary action;

 

 

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1        (6) Disclosure of whether any principal officer has
2    ever filed for bankruptcy or defaulted on spousal support
3    or child support obligation;
4        (7) A resume for each principal officer, including
5    whether that person has an academic degree, certification,
6    or relevant experience with a cannabis business
7    establishment or in a related industry;
8        (8) A description of the training and education that
9    will be provided to dispensing organization agents;
10        (9) A copy of the proposed operating bylaws;
11        (10) A copy of the proposed business plan that complies
12    with the requirements in this Act, including, at a minimum,
13    the following:
14            (A) A description of services to be offered; and
15            (B) A description of the process of dispensing
16        cannabis;
17        (11) A copy of the proposed security plan that complies
18    with the requirements in this Article, including:
19            (A) The process or controls that will be
20        implemented to monitor the dispensary, secure the
21        premises, agents, and currency, and prevent the
22        diversion, theft, or loss of cannabis; and
23            (B) The process to ensure that access to the
24        restricted access areas is restricted to, registered
25        agents, service professionals, transporting
26        organization agents, Department inspectors, and

 

 

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1        security personnel;
2        (12) A proposed inventory control plan that complies
3    with this Section;
4        (13) A proposed floor plan, a square footage estimate,
5    and a description of proposed security devices, including,
6    without limitation, cameras, motion detectors, servers,
7    video storage capabilities, and alarm service providers;
8        (14) The name, address, social security number, and
9    date of birth of each principal officer and board member of
10    the dispensing organization; each of those individuals
11    shall be at least 21 years of age;
12        (15) Evidence of the applicant's status as a Social
13    Equity Applicant, if applicable, and whether a Social
14    Equity Applicant plans to apply for a loan or grant issued
15    by the Department of Commerce and Economic Opportunity;
16        (16) The address, telephone number, and email address
17    of the applicant's principal place of business, if
18    applicable. A post office box is not permitted;
19        (17) Written summaries of any information regarding
20    instances in which a business or not-for-profit that a
21    prospective board member previously managed or served on
22    were fined or censured, or any instances in which a
23    business or not-for-profit that a prospective board member
24    previously managed or served on had its registration
25    suspended or revoked in any administrative or judicial
26    proceeding;

 

 

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1        (18) A plan for community engagement;
2        (19) Procedures to ensure accurate recordkeeping and
3    security measures that are in accordance with this Article
4    and Department rules;
5        (20) The estimated volume of cannabis it plans to store
6    at the dispensary;
7        (21) A description of the features that will provide
8    accessibility to purchasers as required by the Americans
9    with Disabilities Act;
10        (22) A detailed description of air treatment systems
11    that will be installed to reduce odors;
12        (23) A reasonable assurance that the issuance of a
13    license will not have a detrimental impact on the community
14    in which the applicant wishes to locate;
15        (24) The dated signature of each principal officer;
16        (25) A description of the enclosed, locked facility
17    where cannabis will be stored by the dispensing
18    organization;
19        (26) Signed statements from each dispensing
20    organization agent stating that he or she will not divert
21    cannabis;
22        (27) The number of licenses it is applying for in each
23    BLS Region;
24        (28) A diversity plan that includes a narrative of at
25    least 2,500 words that establishes a goal of diversity in
26    ownership, management, employment, and contracting to

 

 

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1    ensure that diverse participants and groups are afforded
2    equality of opportunity;
3        (29) A contract with a private security contractor that
4    is licensed under Section 10-5 of the Private Detective,
5    Private Alarm, Private Security, Fingerprint Vendor, and
6    Locksmith Act of 2004 in order for the dispensary to have
7    adequate security at its facility; and
8        (30) Other information deemed necessary by the
9    Illinois Cannabis Regulation Oversight Officer to conduct
10    the disparity and availability study referenced in
11    subsection (e) of Section 5-45.
12    (e) An applicant who receives a Conditional Adult Use
13Dispensing Organization License under this Section has 180 days
14from the date of award to identify a physical location for the
15dispensing organization retail storefront. Before a
16conditional licensee receives an authorization to build out the
17dispensing organization from the Department, the Department
18shall inspect the physical space selected by the conditional
19licensee. The Department shall verify the site is suitable for
20public access, the layout promotes the safe dispensing of
21cannabis, the location is sufficient in size, power allocation,
22lighting, parking, handicapped accessible parking spaces,
23accessible entry and exits as required by the Americans with
24Disabilities Act, product handling, and storage. The applicant
25shall also provide a statement of reasonable assurance that the
26issuance of a license will not have a detrimental impact on the

 

 

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1community. The applicant shall also provide evidence that the
2location is not within 1,500 feet of an existing dispensing
3organization. If an applicant is unable to find a suitable
4physical address in the opinion of the Department within 180
5days of the issuance of the Conditional Adult Use Dispensing
6Organization License, the Department may extend the period for
7finding a physical address another 180 days if the Conditional
8Adult Use Dispensing Organization License holder demonstrates
9concrete attempts to secure a location and a hardship. If the
10Department denies the extension or the Conditional Adult Use
11Dispensing Organization License holder is unable to find a
12location or become operational within 360 days of being awarded
13a conditional license, the Department shall rescind the
14conditional license and award it to the next highest scoring
15applicant in the BLS Region for which the license was assigned,
16provided the applicant receiving the license: (i) confirms a
17continued interest in operating a dispensing organization;
18(ii) can provide evidence that the applicant continues to meet
19all requirements for holding a Conditional Adult Use Dispensing
20Organization License set forth in this Act the financial
21requirements provided in subsection (c) of this Section; and
22(iii) has not otherwise become ineligible to be awarded a
23dispensing organization license. If the new awardee is unable
24to accept the Conditional Adult Use Dispensing Organization
25License, the Department shall award the Conditional Adult Use
26Dispensing Organization License to the next highest scoring

 

 

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1applicant in the same manner. The new awardee shall be subject
2to the same required deadlines as provided in this subsection.
3    (e-5) If, within 180 days of being awarded a Conditional
4Adult Use Dispensing Organization License license, a
5dispensing organization is unable to find a location within the
6BLS Region in which it was awarded a Conditional Adult Use
7Dispensing Organization License license because no
8jurisdiction within the BLS Region allows for the operation of
9an Adult Use Dispensing Organization, the Department of
10Financial and Professional Regulation may authorize the
11Conditional Adult Use Dispensing Organization License holder
12to transfer its license to a BLS Region specified by the
13Department.
14    (f) A dispensing organization that is awarded a Conditional
15Adult Use Dispensing Organization License pursuant to the
16criteria in Section 15-30 shall not purchase, possess, sell, or
17dispense cannabis or cannabis-infused products until the
18person has received an Adult Use Dispensing Organization
19License issued by the Department pursuant to Section 15-36 of
20this Act. The Department shall not issue an Adult Use
21Dispensing Organization License until:
22        (1) the Department has inspected the dispensary site
23    and proposed operations and verified that they are in
24    compliance with this Act and local zoning laws; and
25        (2) the Conditional Adult Use Dispensing Organization
26    License holder has paid a registration fee of $60,000, or a

 

 

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1    prorated amount accounting for the difference of time
2    between when the Adult Use Dispensing Organization License
3    is issued and March 31 of the next even-numbered year.
4    (g) The Department shall conduct a background check of the
5prospective organization agents in order to carry out this
6Article. The Department of State Police shall charge the
7applicant a fee for conducting the criminal history record
8check, which shall be deposited into the State Police Services
9Fund and shall not exceed the actual cost of the record check.
10Each person applying as a dispensing organization agent shall
11submit a full set of fingerprints to the Department of State
12Police for the purpose of obtaining a State and federal
13criminal records check. These fingerprints shall be checked
14against the fingerprint records now and hereafter, to the
15extent allowed by law, filed in the Department of State Police
16and Federal Bureau of Identification criminal history records
17databases. The Department of State Police shall furnish,
18following positive identification, all Illinois conviction
19information to the Department.
20(Source: P.A. 101-27, eff. 6-25-19.)
 
21    (410 ILCS 705/15-30)
22    Sec. 15-30. Selection criteria for conditional licenses
23awarded under Section 15-25.
24    (a) Applicants for a Conditional Adult Use Dispensing
25Organization License must submit all required information,

 

 

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1including the information required in Section 15-25, to the
2Department. Failure by an applicant to submit all required
3information may result in the application being disqualified.
4    (b) If the Department receives an application that fails to
5provide the required elements contained in this Section, the
6Department shall issue a deficiency notice to the applicant.
7The applicant shall have 10 calendar days from the date of the
8deficiency notice to resubmit the incomplete information.
9Applications that are still incomplete after this opportunity
10to cure will not be scored and will be disqualified.
11    (c) The Department will award up to 250 points to complete
12applications based on the sufficiency of the applicant's
13responses to required information. Applicants will be awarded
14points based on a determination that the application
15satisfactorily includes the following elements:
16        (1) Suitability of Employee Training Plan (15 points).
17            The plan includes an employee training plan that
18        demonstrates that employees will understand the rules
19        and laws to be followed by dispensary employees, have
20        knowledge of any security measures and operating
21        procedures of the dispensary, and are able to advise
22        purchasers on how to safely consume cannabis and use
23        individual products offered by the dispensary.
24        (2) Security and Recordkeeping (65 points).
25            (A) The security plan accounts for the prevention
26        of the theft or diversion of cannabis. The security

 

 

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1        plan demonstrates safety procedures for dispensing
2        organization dispensary agents and purchasers, and
3        safe delivery and storage of cannabis and currency. It
4        demonstrates compliance with all security requirements
5        in this Act and rules.
6            (B) A plan for recordkeeping, tracking, and
7        monitoring inventory, quality control, and other
8        policies and procedures that will promote standard
9        recordkeeping and discourage unlawful activity. This
10        plan includes the applicant's strategy to communicate
11        with the Department and the Department of State Police
12        on the destruction and disposal of cannabis. The plan
13        must also demonstrate compliance with this Act and
14        rules.
15            (C) The security plan shall also detail which
16        private security contractor licensed under Section
17        10-5 of the Private Detective, Private Alarm, Private
18        Security, Fingerprint Vendor, and Locksmith Act of
19        2004 the dispensary will contract with in order to
20        provide adequate security at its facility.
21        (3) Applicant's Business Plan, Financials, Operating
22    and Floor Plan (65 points).
23            (A) The business plan shall describe, at a minimum,
24        how the dispensing organization will be managed on a
25        long-term basis. This shall include a description of
26        the dispensing organization's point-of-sale system,

 

 

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1        purchases and denials of sale, confidentiality, and
2        products and services to be offered. It will
3        demonstrate compliance with this Act and rules.
4            (B) The operating plan shall include, at a minimum,
5        best practices for day-to-day dispensary operation and
6        staffing. The operating plan may also include
7        information about employment practices, including
8        information about the percentage of full-time
9        employees who will be provided a living wage.
10            (C) The proposed floor plan is suitable for public
11        access, the layout promotes safe dispensing of
12        cannabis, is compliant with the Americans with
13        Disabilities Act and the Environmental Barriers Act,
14        and facilitates safe product handling and storage.
15        (4) Knowledge and Experience (30 points).
16            (A) The applicant's principal officers must
17        demonstrate experience and qualifications in business
18        management or experience with the cannabis industry.
19        This includes ensuring optimal safety and accuracy in
20        the dispensing and sale of cannabis.
21            (B) The applicant's principal officers must
22        demonstrate knowledge of various cannabis product
23        strains or varieties and describe the types and
24        quantities of products planned to be sold. This
25        includes confirmation of whether the dispensing
26        organization plans to sell cannabis paraphernalia or

 

 

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1        edibles.
2            (C) Knowledge and experience may be demonstrated
3        through experience in other comparable industries that
4        reflect on the applicant's ability to operate a
5        cannabis business establishment.
6        (5) Status as a Social Equity Applicant (50 points).
7            The applicant meets the qualifications for a
8        Social Equity Applicant as set forth in this Act.
9        (6) Labor and employment practices (5 points): The
10    applicant may describe plans to provide a safe, healthy,
11    and economically beneficial working environment for its
12    agents, including, but not limited to, codes of conduct,
13    health care benefits, educational benefits, retirement
14    benefits, living wage standards, and entering a labor peace
15    agreement with employees.
16        (7) Environmental Plan (5 points): The applicant may
17    demonstrate an environmental plan of action to minimize the
18    carbon footprint, environmental impact, and resource needs
19    for the dispensary, which may include, without limitation,
20    recycling cannabis product packaging.
21        (8) Illinois owner (5 points): The applicant is 51% or
22    more owned and controlled by an Illinois resident, who can
23    prove residency in each of the past 5 years with tax
24    records or 2 of the following: .
25            (A) a signed lease agreement that includes the
26        applicant's name;

 

 

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1            (B) a property deed that includes the applicant's
2        name;
3            (C) school records;
4            (D) a voter registration card;
5            (E) an Illinois driver's license, an Illinois
6        Identification Card, or an Illinois Person with a
7        Disability Identification Card;
8            (F) a paycheck stub;
9            (G) a utility bill; or
10            (H) any other proof of residency or other
11        information necessary to establish residence as
12        provided by rule.
13        (9) Status as veteran (5 points): The applicant is 51%
14    or more controlled and owned by an individual or
15    individuals who meet the qualifications of a veteran as
16    defined by Section 45-57 of the Illinois Procurement Code.
17        (10) A diversity plan (5 points): that includes a
18    narrative of not more than 2,500 words that establishes a
19    goal of diversity in ownership, management, employment,
20    and contracting to ensure that diverse participants and
21    groups are afforded equality of opportunity.
22    (d) The Department may also award up to 2 bonus points for
23a plan to engage with the community. The applicant may
24demonstrate a desire to engage with its community by
25participating in one or more of, but not limited to, the
26following actions: (i) establishment of an incubator program

 

 

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1designed to increase participation in the cannabis industry by
2persons who would qualify as Social Equity Applicants; (ii)
3providing financial assistance to substance abuse treatment
4centers; (iii) educating children and teens about the potential
5harms of cannabis use; or (iv) other measures demonstrating a
6commitment to the applicant's community. Bonus points will only
7be awarded if the Department receives applications that receive
8an equal score for a particular region.
9    (e) The Department may verify information contained in each
10application and accompanying documentation to assess the
11applicant's veracity and fitness to operate a dispensing
12organization.
13    (f) The Department may, in its discretion, refuse to issue
14an authorization to any applicant:
15        (1) Who is unqualified to perform the duties required
16    of the applicant;
17        (2) Who fails to disclose or states falsely any
18    information called for in the application;
19        (3) Who has been found guilty of a violation of this
20    Act, or whose medical cannabis dispensing organization,
21    medical cannabis cultivation organization, or Early
22    Approval Adult Use Dispensing Organization License, or
23    Early Approval Adult Use Dispensing Organization License
24    at a secondary site, or Early Approval Cultivation Center
25    License was suspended, restricted, revoked, or denied for
26    just cause, or the applicant's cannabis business

 

 

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1    establishment license was suspended, restricted, revoked,
2    or denied in any other state; or
3        (4) Who has engaged in a pattern or practice of unfair
4    or illegal practices, methods, or activities in the conduct
5    of owning a cannabis business establishment or other
6    business.
7    (g) The Department shall deny the license if any principal
8officer, board member, or person having a financial or voting
9interest of 5% or greater in the licensee is delinquent in
10filing any required tax returns or paying any amounts owed to
11the State of Illinois.
12    (h) The Department shall verify an applicant's compliance
13with the requirements of this Article and rules before issuing
14a dispensing organization license.
15    (i) Should the applicant be awarded a license, the
16information and plans provided in the application, including
17any plans submitted for bonus points, shall become a condition
18of the Conditional Adult Use Dispensing Organization Licenses
19and any Adult Use Dispensing Organization License issued to the
20holder of the Conditional Adult Use Dispensing Organization
21License, except as otherwise provided by this Act or rule.
22Dispensing organizations have a duty to disclose any material
23changes to the application. The Department shall review all
24material changes disclosed by the dispensing organization, and
25may re-evaluate its prior decision regarding the awarding of a
26license, including, but not limited to, suspending or

 

 

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1permanently revoking a license. Failure to comply with the
2conditions or requirements in the application may subject the
3dispensing organization to discipline, up to and including
4suspension or permanent revocation of its authorization or
5license by the Department.
6    (j) If an applicant has not begun operating as a dispensing
7organization within one year of the issuance of the Conditional
8Adult Use Dispensing Organization License, the Department may
9permanently revoke the Conditional Adult Use Dispensing
10Organization License and award it to the next highest scoring
11applicant in the BLS Region if a suitable applicant indicates a
12continued interest in the license or begin a new selection
13process to award a Conditional Adult Use Dispensing
14Organization License.
15    (k) The Department shall deny an application if granting
16that application would result in a single person or entity
17having a direct or indirect financial interest in more than 10
18Early Approval Adult Use Dispensing Organization Licenses,
19Conditional Adult Use Dispensing Organization Licenses, or
20Adult Use Dispensing Organization Licenses. Any entity that is
21awarded a license that results in a single person or entity
22having a direct or indirect financial interest in more than 10
23licenses shall forfeit the most recently issued license and
24suffer a penalty to be determined by the Department, unless the
25entity declines the license at the time it is awarded.
26(Source: P.A. 101-27, eff. 6-25-19.)
 

 

 

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1    (410 ILCS 705/15-35)
2    Sec. 15-35. Conditional Adult Use Dispensing Organization
3License after January 1, 2021.
4    (a) In addition to any of the licenses issued in Sections
515-15, Section 15-20, or Section 15-25 of this Act, by December
621, 2021, the Department shall issue up to 110 Conditional
7Adult Use Dispensing Organization Licenses, pursuant to the
8application process adopted under this Section. Prior to
9issuing such licenses, the Department may adopt rules through
10emergency rulemaking in accordance with subsection (gg) of
11Section 5-45 of the Illinois Administrative Procedure Act. The
12General Assembly finds that the adoption of rules to regulate
13cannabis use is deemed an emergency and necessary for the
14public interest, safety, and welfare. Such rules may:
15        (1) Modify or change the BLS Regions as they apply to
16    this Article or modify or raise the number of Adult
17    Conditional Use Dispensing Organization Licenses assigned
18    to each region based on the following factors:
19            (A) Purchaser wait times;
20            (B) Travel time to the nearest dispensary for
21        potential purchasers;
22            (C) Percentage of cannabis sales occurring in
23        Illinois not in the regulated market using data from
24        the Substance Abuse and Mental Health Services
25        Administration, National Survey on Drug Use and

 

 

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1        Health, Illinois Behavioral Risk Factor Surveillance
2        System, and tourism data from the Illinois Office of
3        Tourism to ascertain total cannabis consumption in
4        Illinois compared to the amount of sales in licensed
5        dispensing organizations;
6            (D) Whether there is an adequate supply of cannabis
7        and cannabis-infused products to serve registered
8        medical cannabis patients;
9            (E) Population increases or shifts;
10            (F) Density of dispensing organizations in a
11        region;
12            (G) The Department's capacity to appropriately
13        regulate additional licenses;
14            (H) The findings and recommendations from the
15        disparity and availability study commissioned by the
16        Illinois Cannabis Regulation Oversight Officer in
17        subsection (e) of Section 5-45 to reduce or eliminate
18        any identified barriers to entry in the cannabis
19        industry; and
20            (I) Any other criteria the Department deems
21        relevant.
22        (2) Modify or change the licensing application process
23    to reduce or eliminate the barriers identified in the
24    disparity and availability study commissioned by the
25    Illinois Cannabis Regulation Oversight Officer and make
26    modifications to remedy evidence of discrimination.

 

 

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1    (b) After January 1, 2022, the Department may by rule
2modify or raise the number of Adult Use Dispensing Organization
3Licenses assigned to each region, and modify or change the
4licensing application process to reduce or eliminate barriers
5based on the criteria in subsection (a). At no time shall the
6Department issue more than 500 Adult Use Dispensing Dispensary
7Organization Licenses.
8(Source: P.A. 101-27, eff. 6-25-19.)
 
9    (410 ILCS 705/15-36)
10    Sec. 15-36. Adult Use Dispensing Organization License.
11    (a) A person is only eligible to receive an Adult Use
12Dispensing Organization if the person has been awarded a
13Conditional Adult Use Dispensing Organization License pursuant
14to this Act or has renewed its license pursuant to subsection
15(k) of Section 15-15 or subsection (p) of Section 15-20.
16    (b) The Department shall not issue an Adult Use Dispensing
17Organization License until:
18        (1) the Department has inspected the dispensary site
19    and proposed operations and verified that they are in
20    compliance with this Act and local zoning laws;
21        (2) the Conditional Adult Use Dispensing Organization
22    License holder has paid a license registration fee of
23    $60,000 or a prorated amount accounting for the difference
24    of time between when the Adult Use Dispensing Organization
25    License is issued and March 31 of the next even-numbered

 

 

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1    year; and
2        (3) the Conditional Adult Use Dispensing Organization
3    License holder has met all the requirements in this the Act
4    and rules.
5    (c) No person or entity shall hold any legal, equitable,
6ownership, or beneficial interest, directly or indirectly, of
7more than 10 dispensing organizations licensed under this
8Article. Further, no person or entity that is:
9        (1) employed by, is an agent of, or participates in the
10    management of a dispensing organization or registered
11    medical cannabis dispensing organization;
12        (2) a principal officer of a dispensing organization or
13    registered medical cannabis dispensing organization; or
14        (3) an entity controlled by or affiliated with a
15    principal officer of a dispensing organization or
16    registered medical cannabis dispensing organization;
17shall hold any legal, equitable, ownership, or beneficial
18interest, directly or indirectly, in a dispensing organization
19that would result in such person or entity owning or
20participating in the management of more than 10 Early Approval
21Adult Use Dispensing Organization Licenses, Early Approval
22Adult Use Dispensing Organization Licenses at a secondary site,
23Conditional Adult Use Dispensing Organization Licenses, or
24Adult Use Dispensing Organization Licenses dispensing
25organizations. For the purpose of this subsection,
26participating in management may include, without limitation,

 

 

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1controlling decisions regarding staffing, pricing, purchasing,
2marketing, store design, hiring, and website design.
3    (d) The Department shall deny an application if granting
4that application would result in a person or entity obtaining
5direct or indirect financial interest in more than 10 Early
6Approval Adult Use Dispensing Organization Licenses,
7Conditional Adult Use Dispensing Organization Licenses, Adult
8Use Dispensing Organization Licenses, or any combination
9thereof. If a person or entity is awarded a Conditional Adult
10Use Dispensing Organization License that would cause the person
11or entity to be in violation of this subsection, he, she, or it
12shall choose which license application it wants to abandon and
13such licenses shall become available to the next qualified
14applicant in the region in which the abandoned license was
15awarded.
16(Source: P.A. 101-27, eff. 6-25-19.)
 
17    (410 ILCS 705/15-40)
18    Sec. 15-40. Dispensing organization agent identification
19card; agent training.
20    (a) The Department shall:
21        (1) verify the information contained in an application
22    or renewal for a dispensing organization agent
23    identification card submitted under this Article, and
24    approve or deny an application or renewal, within 30 days
25    of receiving a completed application or renewal

 

 

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1    application and all supporting documentation required by
2    rule;
3        (2) issue a dispensing organization agent
4    identification card to a qualifying agent within 15
5    business days of approving the application or renewal;
6        (3) enter the registry identification number of the
7    dispensing organization where the agent works;
8        (4) within one year from the effective date of this
9    Act, allow for an electronic application process and
10    provide a confirmation by electronic or other methods that
11    an application has been submitted; and
12        (5) collect a $100 nonrefundable fee from the applicant
13    to be deposited into the Cannabis Regulation Fund.
14    (b) A dispensing organization agent must keep his or her
15identification card visible at all times when in the dispensary
16on the property of the dispensing organization.
17    (c) The dispensing organization agent identification cards
18shall contain the following:
19        (1) the name of the cardholder;
20        (2) the date of issuance and expiration date of the
21    dispensing organization agent identification cards;
22        (3) a random 10-digit alphanumeric identification
23    number containing at least 4 numbers and at least 4 letters
24    that is unique to the cardholder; and
25        (4) a photograph of the cardholder.
26    (d) The dispensing organization agent identification cards

 

 

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1shall be immediately returned to the dispensing organization
2upon termination of employment.
3    (e) The Department shall not issue an agent identification
4card if the applicant is delinquent in filing any required tax
5returns or paying any amounts owed to the State of Illinois.
6    (f) Any card lost by a dispensing organization agent shall
7be reported to the Department of State Police and the
8Department immediately upon discovery of the loss.
9    (g) An applicant shall be denied a dispensing organization
10agent identification card renewal if he or she fails to
11complete the training provided for in this Section.
12    (h) A dispensing organization agent shall only be required
13to hold one card for the same employer regardless of what type
14of dispensing organization license the employer holds.
15    (i) Cannabis retail sales training requirements.
16        (1) Within 90 days of September 1, 2019, or 90 days of
17    employment, whichever is later, all owners, managers,
18    employees, and agents involved in the handling or sale of
19    cannabis or cannabis-infused product employed by an adult
20    use dispensing organization or medical cannabis dispensing
21    organization as defined in Section 10 of the Compassionate
22    Use of Medical Cannabis Pilot Program Act shall attend and
23    successfully complete a Responsible Vendor Program.
24        (2) Each owner, manager, employee, and agent of an
25    adult use dispensing organization or medical cannabis
26    dispensing organization shall successfully complete the

 

 

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1    program annually.
2        (3) Responsible Vendor Program Training modules shall
3    include at least 2 hours of instruction time approved by
4    the Department including:
5            (i) Health and safety concerns of cannabis use,
6        including the responsible use of cannabis, its
7        physical effects, onset of physiological effects,
8        recognizing signs of impairment, and appropriate
9        responses in the event of overconsumption.
10            (ii) Training on laws and regulations on driving
11        while under the influence and operating a watercraft or
12        snowmobile while under the influence.
13            (iii) Sales to minors prohibition. Training shall
14        cover all relevant Illinois laws and rules.
15            (iv) Quantity limitations on sales to purchasers.
16        Training shall cover all relevant Illinois laws and
17        rules.
18            (v) Acceptable forms of identification. Training
19        shall include:
20                (I) How to check identification; and
21                (II) Common mistakes made in verification;
22            (vi) Safe storage of cannabis;
23            (vii) Compliance with all inventory tracking
24        system regulations;
25            (viii) Waste handling, management, and disposal;
26            (ix) Health and safety standards;

 

 

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1            (x) Maintenance of records;
2            (xi) Security and surveillance requirements;
3            (xii) Permitting inspections by State and local
4        licensing and enforcement authorities;
5            (xiii) Privacy issues;
6            (xiv) Packaging and labeling requirement for sales
7        to purchasers; and
8            (xv) Other areas as determined by rule.
9    (j) Blank.
10    (k) Upon the successful completion of the Responsible
11Vendor Program, the provider shall deliver proof of completion
12either through mail or electronic communication to the
13dispensing organization, which shall retain a copy of the
14certificate.
15    (l) The license of a dispensing organization or medical
16cannabis dispensing organization whose owners, managers,
17employees, or agents fail to comply with this Section may be
18suspended or permanently revoked under Section 15-145 or may
19face other disciplinary action.
20    (m) The regulation of dispensing organization and medical
21cannabis dispensing employer and employee training is an
22exclusive function of the State, and regulation by a unit of
23local government, including a home rule unit, is prohibited.
24This subsection (m) is a denial and limitation of home rule
25powers and functions under subsection (h) of Section 6 of
26Article VII of the Illinois Constitution.

 

 

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1    (n) Persons seeking Department approval to offer the
2training required by paragraph (3) of subsection (i) may apply
3for such approval between August 1 and August 15 of each
4odd-numbered year in a manner prescribed by the Department.
5    (o) Persons seeking Department approval to offer the
6training required by paragraph (3) of subsection (i) shall
7submit a nonrefundable non-refundable application fee of
8$2,000 to be deposited into the Cannabis Regulation Fund or a
9fee as may be set by rule. Any changes made to the training
10module shall be approved by the Department.
11    (p) The Department shall not unreasonably deny approval of
12a training module that meets all the requirements of paragraph
13(3) of subsection (i). A denial of approval shall include a
14detailed description of the reasons for the denial.
15    (q) Any person approved to provide the training required by
16paragraph (3) of subsection (i) shall submit an application for
17re-approval between August 1 and August 15 of each odd-numbered
18year and include a nonrefundable non-refundable application
19fee of $2,000 to be deposited into the Cannabis Regulation Fund
20or a fee as may be set by rule.
21    (r) All persons applying to become or renewing their
22registrations to be agents, including agents-in-charge and
23principal officers, shall disclose any disciplinary action
24taken against them that may have occurred in Illinois, another
25state, or another country in relation to their employment at a
26cannabis business establishment or at any cannabis cultivation

 

 

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1center, processor, infuser, dispensary, or other cannabis
2business establishment.
3(Source: P.A. 101-27, eff. 6-25-19.)
 
4    (410 ILCS 705/15-55)
5    Sec. 15-55. Financial responsibility. Evidence of
6financial responsibility is a requirement for the issuance,
7maintenance, or reactivation of a license under this Article.
8Evidence of financial responsibility shall be used to guarantee
9that the dispensing organization timely and successfully
10completes dispensary construction, operates in a manner that
11provides an uninterrupted supply of cannabis, faithfully pays
12registration renewal fees, keeps accurate books and records,
13makes regularly required reports, complies with State tax
14requirements, and conducts the dispensing organization in
15conformity with this Act and rules. Evidence of financial
16responsibility shall be provided by one of the following:
17        (1) Establishing and maintaining an escrow or surety
18    account in a financial institution in the amount of
19    $50,000, with escrow terms, approved by the Department,
20    that it shall be payable to the Department in the event of
21    circumstances outlined in this Act and rules.
22            (A) A financial institution may not return money in
23        an escrow or surety account to the dispensing
24        organization that established the account or a
25        representative of the organization unless the

 

 

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1        organization or representative presents a statement
2        issued by the Department indicating that the account
3        may be released.
4            (B) The escrow or surety account shall not be
5        canceled on less than 30 days' notice in writing to the
6        Department, unless otherwise approved by the
7        Department. If an escrow or surety account is canceled
8        and the registrant fails to secure a new account with
9        the required amount on or before the effective date of
10        cancellation, the registrant's registration may be
11        permanently revoked. The total and aggregate liability
12        of the surety on the bond is limited to the amount
13        specified in the escrow or surety account.
14        (2) Providing a surety bond in the amount of $50,000,
15    naming the dispensing organization as principal of the
16    bond, with terms, approved by the Department, that the bond
17    defaults to the Department in the event of circumstances
18    outlined in this Act and rules. Bond terms shall include:
19            (A) The business name and registration number on
20        the bond must correspond exactly with the business name
21        and registration number in the Department's records.
22            (B) The bond must be written on a form approved by
23        the Department.
24            (C) A copy of the bond must be received by the
25        Department within 90 days after the effective date.
26            (D) The bond shall not be canceled by a surety on

 

 

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1        less than 30 days' notice in writing to the Department.
2        If a bond is canceled and the registrant fails to file
3        a new bond with the Department in the required amount
4        on or before the effective date of cancellation, the
5        registrant's registration may be permanently revoked.
6        The total and aggregate liability of the surety on the
7        bond is limited to the amount specified in the bond.
8(Source: P.A. 101-27, eff. 6-25-19.)
 
9    (410 ILCS 705/15-65)
10    Sec. 15-65. Administration.
11    (a) A dispensing organization shall establish, maintain,
12and comply with written policies and procedures as submitted in
13the Business, Financial and Operating plan as required in this
14Article or by rules established by the Department, and approved
15by the Department, for the security, storage, inventory, and
16distribution of cannabis. These policies and procedures shall
17include methods for identifying, recording, and reporting
18diversion, theft, or loss, and for correcting errors and
19inaccuracies in inventories. At a minimum, dispensing
20organizations shall ensure the written policies and procedures
21provide for the following:
22        (1) Mandatory and voluntary recalls of cannabis
23    products. The policies shall be adequate to deal with
24    recalls due to any action initiated at the request of the
25    Department and any voluntary action by the dispensing

 

 

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1    organization to remove defective or potentially defective
2    cannabis from the market or any action undertaken to
3    promote public health and safety, including:
4            (i) A mechanism reasonably calculated to contact
5        purchasers who have, or likely have, obtained the
6        product from the dispensary, including information on
7        the policy for return of the recalled product;
8            (ii) A mechanism to identify and contact the adult
9        use cultivation center, craft grower, or infuser that
10        manufactured the cannabis;
11            (iii) Policies for communicating with the
12        Department, the Department of Agriculture, and the
13        Department of Public Health within 24 hours of
14        discovering defective or potentially defective
15        cannabis; and
16            (iv) Policies for destruction of any recalled
17        cannabis product;
18        (2) Responses to local, State, or national
19    emergencies, including natural disasters, that affect the
20    security or operation of a dispensary;
21        (3) Segregation and destruction of outdated, damaged,
22    deteriorated, misbranded, or adulterated cannabis. This
23    procedure shall provide for written documentation of the
24    cannabis disposition;
25        (4) Ensure the oldest stock of a cannabis product is
26    distributed first. The procedure may permit deviation from

 

 

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1    this requirement, if such deviation is temporary and
2    appropriate;
3        (5) Training of dispensing organization agents in the
4    provisions of this Act and rules, to effectively operate
5    the point-of-sale system and the State's verification
6    system, proper inventory handling and tracking, specific
7    uses of cannabis or cannabis-infused products, instruction
8    regarding regulatory inspection preparedness and law
9    enforcement interaction, awareness of the legal
10    requirements for maintaining status as an agent, and other
11    topics as specified by the dispensing organization or the
12    Department. The dispensing organization shall maintain
13    evidence of all training provided to each agent in its
14    files that is subject to inspection and audit by the
15    Department. The dispensing organization shall ensure
16    agents receive a minimum of 8 hours of training subject to
17    the requirements in subsection (i) of Section 15-40
18    annually, unless otherwise approved by the Department;
19        (6) Maintenance of business records consistent with
20    industry standards, including bylaws, consents, manual or
21    computerized records of assets and liabilities, audits,
22    monetary transactions, journals, ledgers, and supporting
23    documents, including agreements, checks, invoices,
24    receipts, and vouchers. Records shall be maintained in a
25    manner consistent with this Act and shall be retained for 5
26    years;

 

 

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1        (7) Inventory control, including:
2            (i) Tracking purchases and denials of sale;
3            (ii) Disposal of unusable or damaged cannabis as
4        required by this Act and rules; and
5        (8) Purchaser education and support, including:
6            (i) Whether possession of cannabis is illegal
7        under federal law;
8            (ii) Current educational information issued by the
9        Department of Public Health about the health risks
10        associated with the use or abuse of cannabis;
11            (iii) Information about possible side effects;
12            (iv) Prohibition on smoking cannabis in public
13        places; and
14            (v) Offering any other appropriate purchaser
15        education or support materials.
16    (b) Blank.
17    (c) A dispensing organization shall maintain copies of the
18policies and procedures on the dispensary premises and provide
19copies to the Department upon request. The dispensing
20organization shall review the dispensing organization policies
21and procedures at least once every 12 months from the issue
22date of the license and update as needed due to changes in
23industry standards or as requested by the Department.
24    (d) A dispensing organization shall ensure that each
25principal officer and each dispensing organization agent has a
26current agent identification card in the agent's immediate

 

 

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1possession when the agent is at the dispensary.
2    (e) A dispensing organization shall provide prompt written
3notice to the Department, including the date of the event, when
4a dispensing organization agent no longer is employed by the
5dispensing organization.
6    (f) A dispensing organization shall promptly document and
7report any loss or theft of cannabis from the dispensary to the
8Department of State Police and the Department. It is the duty
9of any dispensing organization agent who becomes aware of the
10loss or theft to report it as provided in this Article.
11    (g) A dispensing organization shall post the following
12information in a conspicuous location in an area of the
13dispensary accessible to consumers:
14        (1) The dispensing organization's license;
15        (2) The hours of operation.
16    (h) Signage that shall be posted inside the premises.
17        (1) All dispensing organizations must display a
18    placard that states the following: "Cannabis consumption
19    can impair cognition and driving, is for adult use only,
20    may be habit forming, and should not be used by pregnant or
21    breastfeeding women.".
22        (2) Any dispensing organization that sells edible
23    cannabis-infused products must display a placard that
24    states the following:
25            (A) "Edible cannabis-infused products were
26        produced in a kitchen that may also process common food

 

 

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1        allergens."; and
2            (B) "The effects of cannabis products can vary from
3        person to person, and it can take as long as two hours
4        to feel the effects of some cannabis-infused products.
5        Carefully review the portion size information and
6        warnings contained on the product packaging before
7        consuming.".
8        (3) All of the required signage in this subsection (h)
9    shall be no smaller than 24 inches tall by 36 inches wide,
10    with typed letters no smaller than 2 inches. The signage
11    shall be clearly visible and readable by customers. The
12    signage shall be placed in the area where cannabis and
13    cannabis-infused products are sold and may be translated
14    into additional languages as needed. The Department may
15    require a dispensary to display the required signage in a
16    different language, other than English, if the Secretary
17    deems it necessary.
18    (i) A dispensing organization shall prominently post
19notices inside the dispensing organization that state
20activities that are strictly prohibited and punishable by law,
21including, but not limited to:
22        (1) no minors permitted on the premises unless the
23    minor is a minor qualifying patient under the Compassionate
24    Use of Medical Cannabis Pilot Program Act;
25        (2) distribution to persons under the age of 21 is
26    prohibited;

 

 

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1        (3) transportation of cannabis or cannabis products
2    across state lines is prohibited.
3(Source: P.A. 101-27, eff. 6-25-19.)
 
4    (410 ILCS 705/15-70)
5    Sec. 15-70. Operational requirements; prohibitions.
6    (a) A dispensing organization shall operate in accordance
7with the representations made in its application and license
8materials. It shall be in compliance with this Act and rules.
9    (b) A dispensing organization must include the legal name
10of the dispensary on the packaging of any cannabis product it
11sells.
12    (c) All cannabis, cannabis-infused products, and cannabis
13seeds must be obtained from an Illinois registered adult use
14cultivation center, craft grower, infuser, or another
15dispensary.
16    (d) Dispensing organizations are prohibited from selling
17any product containing alcohol except tinctures, which must be
18limited to containers that are no larger than 100 milliliters.
19    (e) A dispensing organization shall inspect and count
20product received from a transporting organization, by the adult
21use cultivation center, craft grower, infuser organization, or
22other dispensing organization before dispensing it.
23    (f) A dispensing organization may only accept cannabis
24deliveries into a restricted access area. Deliveries may not be
25accepted through the public or limited access areas unless

 

 

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1otherwise approved by the Department.
2    (g) A dispensing organization shall maintain compliance
3with State and local building, fire, and zoning requirements or
4regulations.
5    (h) A dispensing organization shall submit a list to the
6Department of the names of all service professionals that will
7work at the dispensary. The list shall include a description of
8the type of business or service provided. Changes to the
9service professional list shall be promptly provided. No
10service professional shall work in the dispensary until the
11name is provided to the Department on the service professional
12list.
13    (i) A dispensing organization's license allows for a
14dispensary to be operated only at a single location.
15    (j) A dispensary may operate between 6 a.m. and 10 p.m.
16local time.
17    (k) A dispensing organization must keep all lighting
18outside and inside the dispensary in good working order and
19wattage sufficient for security cameras.
20    (l) A dispensing organization must keep all air treatment
21systems that will be installed to reduce odors in good working
22order.
23    (m) A dispensing organization must contract with a private
24security contractor that is licensed under Section 10-5 of the
25Private Detective, Private Alarm, Private Security,
26Fingerprint Vendor, and Locksmith Act of 2004 to provide

 

 

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1on-site security at all hours of the dispensary's operation.
2    (n) (l) A dispensing organization shall ensure that any
3building or equipment used by a dispensing organization for the
4storage or sale of cannabis is maintained in a clean and
5sanitary condition.
6    (o) (m) The dispensary shall be free from infestation by
7insects, rodents, or pests.
8    (p) (n) A dispensing organization shall not:
9        (1) Produce or manufacture cannabis;
10        (2) Accept a cannabis product from an adult use
11    cultivation center, craft grower, infuser, dispensing
12    organization, or transporting organization unless it is
13    pre-packaged and labeled in accordance with this Act and
14    any rules that may be adopted pursuant to this Act;
15        (3) Obtain cannabis or cannabis-infused products from
16    outside the State of Illinois;
17        (4) Sell cannabis or cannabis-infused products to a
18    purchaser unless the dispensing dispensary organization is
19    licensed under the Compassionate Use of Medical Cannabis
20    Pilot Program Act, and the individual is registered under
21    the Compassionate Use of Medical Cannabis Pilot Program or
22    the purchaser has been verified to be over the age of 21
23    years of age or older;
24        (5) Enter into an exclusive agreement with any adult
25    use cultivation center, craft grower, or infuser.
26    Dispensaries shall provide consumers an assortment of

 

 

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1    products from various cannabis business establishment
2    licensees such that the inventory available for sale at any
3    dispensary from any single cultivation center, craft
4    grower, processor, transporter, or infuser entity shall
5    not be more than 40% of the total inventory available for
6    sale. For the purpose of this subsection, a cultivation
7    center, craft grower, processor, or infuser shall be
8    considered part of the same entity if the licensees share
9    at least one principal officer. The Department may request
10    that a dispensary diversify its products as needed or
11    otherwise discipline a dispensing organization for
12    violating this requirement;
13        (6) Refuse to conduct business with an adult use
14    cultivation center, craft grower, transporting
15    organization, or infuser that has the ability to properly
16    deliver the product and is permitted by the Department of
17    Agriculture, on the same terms as other adult use
18    cultivation centers, craft growers, infusers, or
19    transporters with whom it is dealing;
20        (7) Operate drive-through windows;
21        (8) Allow for the dispensing of cannabis or
22    cannabis-infused products in vending machines;
23        (9) Transport cannabis to residences or other
24    locations where purchasers may be for delivery;
25        (10) Enter into agreements to allow persons who are not
26    dispensing organization agents to deliver cannabis or to

 

 

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1    transport cannabis to purchasers; .
2        (11) Operate a dispensary if its video surveillance
3    equipment is inoperative;
4        (12) Operate a dispensary if the point-of-sale
5    equipment is inoperative;
6        (13) Operate a dispensary if the State's cannabis
7    electronic verification system is inoperative;
8        (14) Have fewer than 2 people working at the dispensary
9    at any time while the dispensary is open;
10        (15) Be located within 1,500 feet of the property line
11    of a pre-existing dispensing organization;
12        (16) Sell clones or any other live plant material;
13        (17) Sell cannabis, cannabis concentrate, or
14    cannabis-infused products in combination or bundled with
15    each other or any other items for one price, and each item
16    of cannabis, concentrate, or cannabis-infused product must
17    be separately identified by quantity and price on the
18    receipt;
19        (18) Violate any other requirements or prohibitions
20    set by Department rules.
21    (q) (o) It is unlawful for any person having an Early
22Approval Adult Use Cannabis Dispensing Organization License, a
23Conditional Adult Use Cannabis Dispensing Organization, an
24Adult Use Dispensing Organization License, or a medical
25cannabis dispensing organization license issued under the
26Compassionate Use of Medical Cannabis Pilot Program Act or any

 

 

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1officer, associate, member, representative, or agent of such
2licensee to accept, receive, or borrow money or anything else
3of value or accept or receive credit (other than merchandising
4credit in the ordinary course of business for a period not to
5exceed 30 days) directly or indirectly from any adult use
6cultivation center, craft grower, infuser, or transporting
7organization in exchange for preferential placement on the
8dispensing organization's shelves, display cases, or website.
9This includes anything received or borrowed or from any
10stockholders, officers, agents, or persons connected with an
11adult use cultivation center, craft grower, infuser, or
12transporting organization. This also excludes any received or
13borrowed in exchange for preferential placement by the
14dispensing organization, including preferential placement on
15the dispensing organization's shelves, display cases, or
16website.
17    (r) (p) It is unlawful for any person having an Early
18Approval Adult Use Cannabis Dispensing Organization License, a
19Conditional Adult Use Cannabis Dispensing Organization, an
20Adult Use Dispensing Organization License, or a medical
21cannabis dispensing organization license issued under the
22Compassionate Use of Medical Cannabis Pilot Program to enter
23into any contract with any person licensed to cultivate,
24process, or transport cannabis whereby such dispensing
25dispensary organization agrees not to sell any cannabis
26cultivated, processed, transported, manufactured, or

 

 

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1distributed by any other cultivator, transporter, or infuser,
2and any provision in any contract violative of this Section
3shall render the whole of such contract void and no action
4shall be brought thereon in any court.
5(Source: P.A. 101-27, eff. 6-25-19.)
 
6    (410 ILCS 705/15-75)
7    Sec. 15-75. Inventory control system.
8    (a) A dispensing organization agent-in-charge shall have
9primary oversight of the dispensing organization's cannabis
10inventory verification system, and its point-of-sale system.
11The inventory point-of-sale system shall be real-time,
12web-based, and accessible by the Department at any time. The
13point-of-sale system shall track, at a minimum the date of
14sale, amount, price, and currency.
15    (b) A dispensing organization shall establish an account
16with the State's verification system that documents:
17        (1) Each sales transaction at the time of sale and each
18    day's beginning inventory, acquisitions, sales, disposal,
19    and ending inventory.
20        (2) Acquisition of cannabis and cannabis-infused
21    products from a licensed adult use cultivation center,
22    craft grower, infuser, or transporter, including:
23            (i) A description of the products, including the
24        quantity, strain, variety, and batch number of each
25        product received;

 

 

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1            (ii) The name and registry identification number
2        of the licensed adult use cultivation center, craft
3        grower, or infuser providing the cannabis and
4        cannabis-infused products;
5            (iii) The name and registry identification number
6        of the licensed adult use cultivation center, craft
7        grower, infuser, or transporting transportation agent
8        delivering the cannabis;
9            (iv) The name and registry identification number
10        of the dispensing organization agent receiving the
11        cannabis; and
12            (v) The date of acquisition.
13        (3) The disposal of cannabis, including:
14            (i) A description of the products, including the
15        quantity, strain, variety, batch number, and reason
16        for the cannabis being disposed;
17            (ii) The method of disposal; and
18            (iii) The date and time of disposal.
19    (c) Upon cannabis delivery, a dispensing organization
20shall confirm the product's name, strain name, weight, and
21identification number on the manifest matches the information
22on the cannabis product label and package. The product name
23listed and the weight listed in the State's verification system
24shall match the product packaging.
25    (d) The agent-in-charge shall conduct daily inventory
26reconciliation documenting and balancing cannabis inventory by

 

 

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1confirming the State's verification system matches the
2dispensing organization's point-of-sale system and the amount
3of physical product at the dispensary.
4        (1) A dispensing organization must receive Department
5    approval before completing an inventory adjustment. It
6    shall provide a detailed reason for the adjustment.
7    Inventory adjustment documentation shall be kept at the
8    dispensary for 2 years from the date performed.
9        (2) If the dispensing organization identifies an
10    imbalance in the amount of cannabis after the daily
11    inventory reconciliation due to mistake, the dispensing
12    organization shall determine how the imbalance occurred
13    and immediately upon discovery take and document
14    corrective action. If the dispensing organization cannot
15    identify the reason for the mistake within 2 calendar days
16    after first discovery, it shall inform the Department
17    immediately in writing of the imbalance and the corrective
18    action taken to date. The dispensing organization shall
19    work diligently to determine the reason for the mistake.
20        (3) If the dispensing organization identifies an
21    imbalance in the amount of cannabis after the daily
22    inventory reconciliation or through other means due to
23    theft, criminal activity, or suspected criminal activity,
24    the dispensing organization shall immediately determine
25    how the reduction occurred and take and document corrective
26    action. Within 24 hours after the first discovery of the

 

 

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1    reduction due to theft, criminal activity, or suspected
2    criminal activity, the dispensing organization shall
3    inform the Department and the Department of State Police in
4    writing.
5        (4) The dispensing organization shall file an annual
6    compilation report with the Department, including a
7    financial statement that shall include, but not be limited
8    to, an income statement, balance sheet, profit and loss
9    statement, statement of cash flow, wholesale cost and
10    sales, and any other documentation requested by the
11    Department in writing. The financial statement shall
12    include any other information the Department deems
13    necessary in order to effectively administer this Act and
14    all rules, orders, and final decisions promulgated under
15    this Act. Statements required by this Section shall be
16    filed with the Department within 60 days after the end of
17    the calendar year. The compilation report shall include a
18    letter authored by a licensed certified public accountant
19    that it has been reviewed and is accurate based on the
20    information provided. The dispensing organization,
21    financial statement, and accompanying documents are not
22    required to be audited unless specifically requested by the
23    Department.
24    (e) A dispensing organization shall:
25        (1) Maintain the documentation required in this
26    Section in a secure locked location at the dispensing

 

 

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1    organization for 5 years from the date on the document;
2        (2) Provide any documentation required to be
3    maintained in this Section to the Department for review
4    upon request; and
5        (3) If maintaining a bank account, retain for a period
6    of 5 years a record of each deposit or withdrawal from the
7    account.
8    (f) If a dispensing organization chooses to have a return
9policy for cannabis and cannabis products, the dispensing
10organization shall seek prior approval from the Department.
11(Source: P.A. 101-27, eff. 6-25-19.)
 
12    (410 ILCS 705/15-85)
13    Sec. 15-85. Dispensing cannabis.
14    (a) Before a dispensing organization agent dispenses
15cannabis to a purchaser, the agent shall:
16        (1) Verify the age of the purchaser by checking a
17    government-issued identification card by use of an
18    electronic reader or electronic scanning device to scan a
19    purchaser's government-issued identification, if
20    applicable, to determine the purchaser's age and the
21    validity of the identification;
22        (2) Verify the validity of the government-issued
23    identification card by use of an electronic reader or
24    electronic scanning device to scan a purchaser's
25    government-issued identification, if applicable, to

 

 

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1    determine the purchaser's age and the validity of the
2    identification;
3        (3) Offer any appropriate purchaser education or
4    support materials;
5        (4) Enter the following information into the State's
6    cannabis electronic verification system:
7            (i) The dispensing organization agent's
8        identification number;
9            (ii) The dispensing organization's identification
10        number;
11            (iii) The amount, type (including strain, if
12        applicable) of cannabis or cannabis-infused product
13        dispensed;
14            (iv) The date and time the cannabis was dispensed.
15    (b) A dispensing organization shall refuse to sell cannabis
16or cannabis-infused products to any person unless the person
17produces a valid identification showing that the person is 21
18years of age or older. A medical cannabis dispensing
19organization may sell cannabis or cannabis-infused products to
20a person who is under 21 years of age if the sale complies with
21the provisions of the Compassionate Use of Medical Cannabis
22Pilot Program Act and rules.
23    (c) For the purposes of this Section, valid identification
24must:
25        (1) Be valid and unexpired;
26        (2) Contain a photograph and the date of birth of the

 

 

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1    person.
2(Source: P.A. 101-27, eff. 6-25-19.)
 
3    (410 ILCS 705/15-95)
4    Sec. 15-95. Agent-in-charge.
5    (a) Every dispensing organization shall designate, at a
6minimum, one agent-in-charge for each licensed dispensary. The
7designated agent-in-charge must hold a dispensing organization
8agent identification card. Maintaining an agent-in-charge is a
9continuing requirement for the license, except as provided in
10subsection (f).
11    (b) The agent-in-charge shall be a principal officer or a
12full-time agent of the dispensing organization and shall manage
13the dispensary. Managing the dispensary includes, but is not
14limited to, responsibility for opening and closing the
15dispensary, delivery acceptance, oversight of sales and
16dispensing organization agents, recordkeeping, inventory,
17dispensing organization agent training, and compliance with
18this Act and rules. Participation in affairs also includes the
19responsibility for maintaining all files subject to audit or
20inspection by the Department at the dispensary.
21    (c) The agent-in-charge is responsible for promptly
22notifying the Department of any change of information required
23to be reported to the Department.
24    (d) In determining whether an agent-in-charge manages the
25dispensary, the Department may consider the responsibilities

 

 

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1identified in this Section, the number of dispensing
2organization agents under the supervision of the
3agent-in-charge, and the employment relationship between the
4agent-in-charge and the dispensing organization, including the
5existence of a contract for employment and any other relevant
6fact or circumstance.
7    (e) The agent-in-charge is responsible for notifying the
8Department of a change in the employment status of all
9dispensing organization agents within 5 business days after the
10change, including notice to the Department if the termination
11of an agent was for diversion of product or theft of currency.
12    (f) In the event of the separation of an agent-in-charge
13due to death, incapacity, termination, or any other reason and
14if the dispensary does not have an active agent-in-charge, the
15dispensing organization shall immediately contact the
16Department and request a temporary certificate of authority
17allowing the continuing operation. The request shall include
18the name of an interim agent-in-charge until a replacement is
19identified, or shall include the name of the replacement. The
20Department shall issue the temporary certificate of authority
21promptly after it approves the request. If a dispensing
22organization fails to promptly request a temporary certificate
23of authority after the separation of the agent-in-charge, its
24registration shall cease until the Department approves the
25temporary certificate of authority or registers a new
26agent-in-charge. No temporary certificate of authority shall

 

 

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1be valid for more than 90 days. The succeeding agent-in-charge
2shall register with the Department in compliance with this
3Article. Once the permanent succeeding agent-in-charge is
4registered with the Department, the temporary certificate of
5authority is void. No temporary certificate of authority shall
6be issued for the separation of an agent-in-charge due to
7disciplinary action by the Department related to his or her
8conduct on behalf of the dispensing organization.
9    (g) The dispensing organization agent-in-charge
10registration shall expire one year from the date it is issued.
11The agent-in-charge's registration shall be renewed annually.
12The Department shall review the dispensing organization's
13compliance history when determining whether to grant the
14request to renew.
15    (h) Upon termination of an agent-in-charge's employment,
16the dispensing organization shall immediately reclaim the
17dispensing agent identification card. The dispensing
18organization shall promptly return the identification card to
19the Department.
20    (i) The Department may deny an application or renewal or
21discipline or revoke an agent-in-charge identification card
22for any of the following reasons:
23        (1) Submission of misleading, incorrect, false, or
24    fraudulent information in the application or renewal
25    application;
26        (2) Violation of the requirements of this Act or rules;

 

 

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1        (3) Fraudulent use of the agent-in-charge
2    identification card;
3        (4) Selling, distributing, transferring in any manner,
4    or giving cannabis to any unauthorized person;
5        (5) Theft of cannabis, currency, or any other items
6    from a dispensary; .
7        (6) Tampering with, falsifying, altering, modifying,
8    or duplicating an agent-in-charge identification card;
9        (7) Tampering with, falsifying, altering, or modifying
10    the surveillance video footage, point-of-sale system, or
11    the State's verification system;
12        (8) Failure to notify the Department immediately upon
13    discovery that the agent-in-charge identification card has
14    been lost, stolen, or destroyed;
15        (9) Failure to notify the Department within 5 business
16    days after a change in the information provided in the
17    application for an agent-in-charge identification card;
18        (10) Conviction of a felony offense in accordance with
19    Sections 2105-131, 2105-135, and 2105-205 of the
20    Department of Professional Regulation Law of the Civil
21    Administrative Code of Illinois or any incident listed in
22    this Act or rules following the issuance of an
23    agent-in-charge identification card;
24        (11) Dispensing to purchasers in amounts above the
25    limits provided in this Act; or
26        (12) Delinquency in filing any required tax returns or

 

 

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1    paying any amounts owed to the State of Illinois.
2(Source: P.A. 101-27, eff. 6-25-19; revised 9-4-19.)
 
3    (410 ILCS 705/15-100)
4    Sec. 15-100. Security.
5    (a) A dispensing organization shall implement security
6measures to deter and prevent entry into and theft of cannabis
7or currency.
8    (b) A dispensing organization shall submit any changes to
9the floor plan or security plan to the Department for
10pre-approval. All cannabis shall be maintained and stored in a
11restricted access area during construction.
12    (c) The dispensing organization shall implement security
13measures to protect the premises, purchasers, and dispensing
14organization agents including, but not limited to the
15following:
16        (1) Establish a locked door or barrier between the
17    facility's entrance and the limited access area;
18        (2) Prevent individuals from remaining on the premises
19    if they are not engaging in activity permitted by this Act
20    or rules;
21        (3) Develop a policy that addresses the maximum
22    capacity and purchaser flow in the waiting rooms and
23    limited access areas;
24        (4) Dispose of cannabis in accordance with this Act and
25    rules;

 

 

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1        (5) During hours of operation, store and dispense all
2    cannabis from the restricted access area. During
3    operational hours, cannabis shall be stored in an enclosed
4    locked room or cabinet and accessible only to specifically
5    authorized dispensing organization agents;
6        (6) When the dispensary is closed, store all cannabis
7    and currency in a reinforced vault room in the restricted
8    access area and in a manner as to prevent diversion, theft,
9    or loss;
10        (7) Keep the reinforced vault room and any other
11    equipment or cannabis storage areas securely locked and
12    protected from unauthorized entry;
13        (8) Keep an electronic daily log of dispensing
14    organization agents with access to the reinforced vault
15    room and knowledge of the access code or combination;
16        (9) Keep all locks and security equipment in good
17    working order;
18        (10) Maintain an operational security and alarm system
19    at all times;
20        (11) Prohibit keys, if applicable, from being left in
21    the locks, or stored or placed in a location accessible to
22    persons other than specifically authorized personnel;
23        (12) Prohibit accessibility of security measures,
24    including combination numbers, passwords, or electronic or
25    biometric security systems to persons other than
26    specifically authorized dispensing organization agents;

 

 

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1        (13) Ensure that the dispensary interior and exterior
2    premises are sufficiently lit to facilitate surveillance;
3        (14) Ensure that trees, bushes, and other foliage
4    outside of the dispensary premises do not allow for a
5    person or persons to conceal themselves from sight;
6        (15) Develop emergency policies and procedures for
7    securing all product and currency following any instance of
8    diversion, theft, or loss of cannabis, and conduct an
9    assessment to determine whether additional safeguards are
10    necessary; and
11        (16) Develop sufficient additional safeguards in
12    response to any special security concerns, or as required
13    by the Department.
14    (d) The Department may request or approve alternative
15security provisions that it determines are an adequate
16substitute for a security requirement specified in this
17Article. Any additional protections may be considered by the
18Department in evaluating overall security measures.
19    (e) A dispensing dispensary organization may share
20premises with a craft grower or an infuser organization, or
21both, provided each licensee stores currency and cannabis or
22cannabis-infused products in a separate secured vault to which
23the other licensee does not have access or all licensees
24sharing a vault share more than 50% of the same ownership.
25    (f) A dispensing organization shall provide additional
26security as needed and in a manner appropriate for the

 

 

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1community where it operates.
2    (g) Restricted access areas.
3        (1) All restricted access areas must be identified by
4    the posting of a sign that is a minimum of 12 inches by 12
5    inches and that states "Do Not Enter - Restricted Access
6    Area - Authorized Personnel Only" in lettering no smaller
7    than one inch in height.
8        (2) All restricted access areas shall be clearly
9    described in the floor plan of the premises, in the form
10    and manner determined by the Department, reflecting walls,
11    partitions, counters, and all areas of entry and exit. The
12    floor plan shall show all storage, disposal, and retail
13    sales areas.
14        (3) All restricted access areas must be secure, with
15    locking devices that prevent access from the limited access
16    areas.
17    (h) Security and alarm.
18        (1) A dispensing organization shall have an adequate
19    security plan and security system to prevent and detect
20    diversion, theft, or loss of cannabis, currency, or
21    unauthorized intrusion using commercial grade equipment
22    installed by an Illinois licensed private alarm contractor
23    or private alarm contractor agency that shall, at a
24    minimum, include:
25            (i) A perimeter alarm on all entry points and glass
26        break protection on perimeter windows;

 

 

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1            (ii) Security shatterproof tinted film on exterior
2        windows;
3            (iii) A failure notification system that provides
4        an audible, text, or visual notification of any failure
5        in the surveillance system, including, but not limited
6        to, panic buttons, alarms, and video monitoring
7        system. The failure notification system shall provide
8        an alert to designated dispensing organization agents
9        within 5 minutes after the failure, either by telephone
10        or text message;
11            (iv) A duress alarm, panic button, and alarm, or
12        holdup alarm and after-hours intrusion detection alarm
13        that by design and purpose will directly or indirectly
14        notify, by the most efficient means, the Public Safety
15        Answering Point for the law enforcement agency having
16        primary jurisdiction;
17            (v) Security equipment to deter and prevent
18        unauthorized entrance into the dispensary, including
19        electronic door locks on the limited and restricted
20        access areas that include devices or a series of
21        devices to detect unauthorized intrusion that may
22        include a signal system interconnected with a radio
23        frequency method, cellular, private radio signals or
24        other mechanical or electronic device.
25        (2) All security system equipment and recordings shall
26    be maintained in good working order, in a secure location

 

 

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1    so as to prevent theft, loss, destruction, or alterations.
2        (3) Access to surveillance monitoring recording
3    equipment shall be limited to persons who are essential to
4    surveillance operations, law enforcement authorities
5    acting within their jurisdiction, security system service
6    personnel, and the Department. A current list of authorized
7    dispensing organization agents and service personnel that
8    have access to the surveillance equipment must be available
9    to the Department upon request.
10        (4) All security equipment shall be inspected and
11    tested at regular intervals, not to exceed one month from
12    the previous inspection, and tested to ensure the systems
13    remain functional.
14        (5) The security system shall provide protection
15    against theft and diversion that is facilitated or hidden
16    by tampering with computers or electronic records.
17        (6) The dispensary shall ensure all access doors are
18    not solely controlled by an electronic access panel to
19    ensure that locks are not released during a power outage.
20    (i) To monitor the dispensary, the dispensing organization
21shall incorporate continuous electronic video monitoring
22including the following:
23        (1) All monitors must be 19 inches or greater;
24        (2) Unobstructed video surveillance of all enclosed
25    dispensary areas, unless prohibited by law, including all
26    points of entry and exit that shall be appropriate for the

 

 

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1    normal lighting conditions of the area under surveillance.
2    The cameras shall be directed so all areas are captured,
3    including, but not limited to, safes, vaults, sales areas,
4    and areas where cannabis is stored, handled, dispensed, or
5    destroyed. Cameras shall be angled to allow for facial
6    recognition, the capture of clear and certain
7    identification of any person entering or exiting the
8    dispensary area and in lighting sufficient during all times
9    of night or day;
10        (3) Unobstructed video surveillance of outside areas,
11    the storefront, and the parking lot, that shall be
12    appropriate for the normal lighting conditions of the area
13    under surveillance. Cameras shall be angled so as to allow
14    for the capture of facial recognition, clear and certain
15    identification of any person entering or exiting the
16    dispensary and the immediate surrounding area, and license
17    plates of vehicles in the parking lot;
18        (4) 24-hour recordings from all video cameras
19    available for immediate viewing by the Department upon
20    request. Recordings shall not be destroyed or altered and
21    shall be retained for at least 90 days. Recordings shall be
22    retained as long as necessary if the dispensing
23    organization is aware of the loss or theft of cannabis or a
24    pending criminal, civil, or administrative investigation
25    or legal proceeding for which the recording may contain
26    relevant information;

 

 

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1        (5) The ability to immediately produce a clear, color
2    still photo from the surveillance video, either live or
3    recorded;
4        (6) A date and time stamp embedded on all video
5    surveillance recordings. The date and time shall be
6    synchronized and set correctly and shall not significantly
7    obscure the picture;
8        (7) The ability to remain operational during a power
9    outage and ensure all access doors are not solely
10    controlled by an electronic access panel to ensure that
11    locks are not released during a power outage;
12        (8) All video surveillance equipment shall allow for
13    the exporting of still images in an industry standard image
14    format, including .jpg, .bmp, and .gif. Exported video
15    shall have the ability to be archived in a proprietary
16    format that ensures authentication of the video and
17    guarantees that no alteration of the recorded image has
18    taken place. Exported video shall also have the ability to
19    be saved in an industry standard file format that can be
20    played on a standard computer operating system. All
21    recordings shall be erased or destroyed before disposal;
22        (9) The video surveillance system shall be operational
23    during a power outage with a 4-hour minimum battery backup;
24        (10) A video camera or cameras recording at each
25    point-of-sale location allowing for the identification of
26    the dispensing organization agent distributing the

 

 

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1    cannabis and any purchaser. The camera or cameras shall
2    capture the sale, the individuals and the computer monitors
3    used for the sale;
4        (11) A failure notification system that provides an
5    audible and visual notification of any failure in the
6    electronic video monitoring system; and
7        (12) All electronic video surveillance monitoring must
8    record at least the equivalent of 8 frames per second and
9    be available as recordings to the Department and the
10    Department of State Police 24 hours a day via a secure
11    web-based portal with reverse functionality.
12    (j) The requirements contained in this Act are minimum
13requirements for operating a dispensing organization. The
14Department may establish additional requirements by rule.
15(Source: P.A. 101-27, eff. 6-25-19.)
 
16    (410 ILCS 705/15-145)
17    Sec. 15-145. Grounds for discipline.
18    (a) The Department may deny issuance, refuse to renew or
19restore, or may reprimand, place on probation, suspend, revoke,
20or take other disciplinary or nondisciplinary action against
21any license or agent identification card or may impose a fine
22for any of the following:
23        (1) Material misstatement in furnishing information to
24    the Department;
25        (2) Violations of this Act or rules;

 

 

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1        (3) Obtaining an authorization or license by fraud or
2    misrepresentation;
3        (4) A pattern of conduct that demonstrates
4    incompetence or that the applicant has engaged in conduct
5    or actions that would constitute grounds for discipline
6    under this the Act;
7        (5) Aiding or assisting another person in violating any
8    provision of this Act or rules;
9        (6) Failing to respond to a written request for
10    information by the Department within 30 days;
11        (7) Engaging in unprofessional, dishonorable, or
12    unethical conduct of a character likely to deceive,
13    defraud, or harm the public;
14        (8) Adverse action by another United States
15    jurisdiction or foreign nation;
16        (9) A finding by the Department that the licensee,
17    after having his or her license placed on suspended or
18    probationary status, has violated the terms of the
19    suspension or probation;
20        (10) Conviction, entry of a plea of guilty, nolo
21    contendere, or the equivalent in a State or federal court
22    of a principal officer or agent-in-charge of a felony
23    offense in accordance with Sections 2105-131, 2105-135,
24    and 2105-205 of the Department of Professional Regulation
25    Law of the Civil Administrative Code of Illinois;
26        (11) Excessive use of or addiction to alcohol,

 

 

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1    narcotics, stimulants, or any other chemical agent or drug;
2        (12) A finding by the Department of a discrepancy in a
3    Department audit of cannabis;
4        (13) A finding by the Department of a discrepancy in a
5    Department audit of capital or funds;
6        (14) A finding by the Department of acceptance of
7    cannabis from a source other than an Adult Use Cultivation
8    Center, craft grower, infuser, or transporting
9    organization licensed by the Department of Agriculture, or
10    a dispensing organization licensed by the Department;
11        (15) An inability to operate using reasonable
12    judgment, skill, or safety due to physical or mental
13    illness or other impairment or disability, including,
14    without limitation, deterioration through the aging
15    process or loss of motor skills or mental incompetence;
16        (16) Failing to report to the Department within the
17    time frames established, or if not identified, 14 days, of
18    any adverse action taken against the dispensing
19    organization or an agent by a licensing jurisdiction in any
20    state or any territory of the United States or any foreign
21    jurisdiction, any governmental agency, any law enforcement
22    agency or any court defined in this Section;
23        (17) Any violation of the dispensing organization's
24    policies and procedures submitted to the Department
25    annually as a condition for licensure;
26        (18) Failure to inform the Department of any change of

 

 

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1    address within 10 business days;
2        (19) Disclosing customer names, personal information,
3    or protected health information in violation of any State
4    or federal law;
5        (20) Operating a dispensary before obtaining a license
6    from the Department;
7        (21) Performing duties authorized by this Act prior to
8    receiving a license to perform such duties;
9        (22) Dispensing cannabis when prohibited by this Act or
10    rules;
11        (23) Any fact or condition that, if it had existed at
12    the time of the original application for the license, would
13    have warranted the denial of the license;
14        (24) Permitting a person without a valid agent
15    identification card to perform licensed activities under
16    this Act;
17        (25) Failure to assign an agent-in-charge as required
18    by this Article;
19        (26) Failure to provide the training required by
20    paragraph (3) of subsection (i) of Section 15-40 within the
21    provided timeframe;
22        (27) Personnel insufficient in number or unqualified
23    in training or experience to properly operate the
24    dispensary business;
25        (28) Any pattern of activity that causes a harmful
26    impact on the community; and

 

 

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1        (29) Failing to prevent diversion, theft, or loss of
2    cannabis.
3    (b) All fines and fees imposed under this Section shall be
4paid within 60 days after the effective date of the order
5imposing the fine or as otherwise specified in the order.
6    (c) A circuit court order establishing that an
7agent-in-charge or principal officer holding an agent
8identification card is subject to involuntary admission as that
9term is defined in Section 1-119 or 1-119.1 of the Mental
10Health and Developmental Disabilities Code shall operate as a
11suspension of that card.
12(Source: P.A. 101-27, eff. 6-25-19; revised 9-4-19.)
 
13    (410 ILCS 705/15-155)
14    Sec. 15-155. Unlicensed practice; violation; civil penalty
15Consent to administrative supervision order.
16    (a) In addition to any other penalty provided by law, any
17person who practices, offers to practice, attempts to practice,
18or holds oneself out to practice as a licensed dispensing
19organization owner, principal officer, agent-in-charge, or
20agent without being licensed under this Act shall, in addition
21to any other penalty provided by law, pay a civil penalty to
22the Department of Financial and Professional Regulation in an
23amount not to exceed $10,000 for each offense as determined by
24the Department. The civil penalty shall be assessed by the
25Department after a hearing is held in accordance with the

 

 

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1provisions set forth in this Act regarding the provision of a
2hearing for the discipline of a licensee.
3    (b) The Department has the authority and power to
4investigate any and all unlicensed activity.
5    (c) The civil penalty shall be paid within 60 days after
6the effective date of the order imposing the civil penalty or
7in accordance with the order imposing the civil penalty. The
8order shall constitute a judgment and may be filed and
9execution had thereon in the same manner as any judgment from
10any court of this State.
11In appropriate cases, the Department may resolve a complaint
12against a licensee or agent through the issuance of a consent
13order for administrative supervision. A license or agent
14subject to a consent order shall be considered by the
15Department to hold a license or registration in good standing.
16(Source: P.A. 101-27, eff. 6-25-19.)
 
17    (410 ILCS 705/20-10)
18    Sec. 20-10. Early Approval of Adult Use Cultivation Center
19License.
20    (a) Any medical cannabis cultivation center registered and
21in good standing under the Compassionate Use of Medical
22Cannabis Pilot Program Act as of the effective date of this Act
23may, within 60 days of the effective date of this Act but no
24later than 180 days from the effective date of this Act, apply
25to the Department of Agriculture for an Early Approval Adult

 

 

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1Use Cultivation Center License to produce cannabis and
2cannabis-infused products at its existing facilities as of the
3effective date of this Act.
4    (b) A medical cannabis cultivation center seeking issuance
5of an Early Approval Adult Use Cultivation Center License shall
6submit an application on forms provided by the Department of
7Agriculture. The application must meet or include the following
8qualifications:
9        (1) Payment of a nonrefundable application fee of
10    $100,000 to be deposited into the Cannabis Regulation Fund;
11        (2) Proof of registration as a medical cannabis
12    cultivation center that is in good standing;
13        (3) Submission of the application by the same person or
14    entity that holds the medical cannabis cultivation center
15    registration;
16        (4) Certification that the applicant will comply with
17    the requirements of Section 20-30;
18        (5) The legal name of the cultivation center;
19        (6) The physical address of the cultivation center;
20        (7) The name, address, social security number, and date
21    of birth of each principal officer and board member of the
22    cultivation center; each of those individuals shall be at
23    least 21 years of age;
24        (8) A nonrefundable Cannabis Business Development Fee
25    equal to 5% of the cultivation center's total sales between
26    June 1, 2018 to June 1, 2019 or $750,000, whichever is

 

 

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1    less, but at not less than $250,000, to be deposited into
2    the Cannabis Business Development Fund; and
3        (9) A commitment to completing one of the following
4    Social Equity Inclusion Plans provided for in this
5    subsection (b) before the expiration of the Early Approval
6    Adult Use Cultivation Center License:
7            (A) A contribution of 5% of the cultivation
8        center's total sales from June 1, 2018 to June 1, 2019,
9        or $100,000, whichever is less, to one of the
10        following:
11                (i) the Cannabis Business Development Fund.
12            This is in addition to the fee required by item (8)
13            of this subsection (b);
14                (ii) a cannabis industry training or education
15            program at an Illinois community college as
16            defined in the Public Community College Act;
17                (iii) a program that provides job training
18            services to persons recently incarcerated or that
19            operates in a Disproportionately Impacted Area.
20            (B) Participate as a host in a cannabis business
21        incubator program for at least one year approved by the
22        Department of Commerce and Economic Opportunity, and
23        in which an Early Approval Adult Use Cultivation Center
24        License holder agrees to provide a loan of at least
25        $100,000 and mentorship to incubate a licensee that
26        qualifies as a Social Equity Applicant. As used in this

 

 

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1        Section, "incubate" means providing direct financial
2        assistance and training necessary to engage in
3        licensed cannabis industry activity similar to that of
4        the host licensee. The Early Approval Adult Use
5        Cultivation Center License holder or the same entity
6        holding any other licenses issued pursuant to this Act
7        shall not take an ownership stake of greater than 10%
8        in any business receiving incubation services to
9        comply with this subsection. If an Early Approval Adult
10        Use Cultivation Center License holder fails to find a
11        business to incubate to comply with this subsection
12        before its Early Approval Adult Use Cultivation Center
13        License expires, it may opt to meet the requirement of
14        this subsection by completing another item from this
15        subsection prior to the expiration of its Early
16        Approval Adult Use Cultivation Center License to avoid
17        a penalty.
18    (c) An Early Approval Adult Use Cultivation Center License
19is valid until March 31, 2021. A cultivation center that
20obtains an Early Approval Adult Use Cultivation Center License
21shall receive written or electronic notice 90 days before the
22expiration of the license that the license will expire, and
23inform the license holder that it may renew its Early Approval
24Adult Use Cultivation Center License. The Department of
25Agriculture shall grant a renewal of an Early Approval Adult
26Use Cultivation Center License within 60 days of submission of

 

 

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1an application if:
2        (1) the cultivation center submits an application and
3    the required renewal fee of $100,000 for an Early Approval
4    Adult Use Cultivation Center License;
5        (2) the Department of Agriculture has not suspended the
6    license of the cultivation center or suspended or revoked
7    the license for violating this Act or rules adopted under
8    this Act; and
9        (3) the cultivation center has completed a Social
10    Equity Inclusion Plan as required by item (9) of subsection
11    (b) of this Section.
12    (c-5) The Early Approval Adult Use Cultivation Center
13License renewed pursuant to subsection (c) of this Section
14shall expire March 31, 2022. The Early Approval Adult Use
15Cultivation Center Licensee shall receive written or
16electronic notice 90 days before the expiration of the license
17that the license will expire, and inform the license holder
18that it may apply for an Adult Use Cultivation Center License.
19The Department of Agriculture shall grant an Adult Use
20Dispensing Organization License within 60 days of an
21application being deemed complete if the applicant meets all of
22the criteria in Section 20-21.
23    (d) The license fee required by paragraph (1) of subsection
24(c) of this Section shall be in addition to any license fee
25required for the renewal of a registered medical cannabis
26cultivation center license that expires during the effective

 

 

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1period of the Early Approval Adult Use Cultivation Center
2License.
3    (e) Applicants must submit all required information,
4including the requirements in subsection (b) of this Section,
5to the Department of Agriculture. Failure by an applicant to
6submit all required information may result in the application
7being disqualified.
8    (f) If the Department of Agriculture receives an
9application with missing information, the Department may issue
10a deficiency notice to the applicant. The applicant shall have
1110 calendar days from the date of the deficiency notice to
12submit complete information. Applications that are still
13incomplete after this opportunity to cure may be disqualified.
14    (g) If an applicant meets all the requirements of
15subsection (b) of this Section, the Department of Agriculture
16shall issue the Early Approval Adult Use Cultivation Center
17License within 14 days of receiving the application unless:
18        (1) The licensee; principal officer, board member, or
19    person having a financial or voting interest of 5% or
20    greater in the licensee; or agent is delinquent in filing
21    any required tax returns or paying any amounts owed to the
22    State of Illinois;
23        (2) The Director of Agriculture determines there is
24    reason, based on an inordinate number of documented
25    compliance violations, the licensee is not entitled to an
26    Early Approval Adult Use Cultivation Center License; or

 

 

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1        (3) The licensee fails to commit to the Social Equity
2    Inclusion Plan.
3    (h) A cultivation center may begin producing cannabis and
4cannabis-infused products once the Early Approval Adult Use
5Cultivation Center License is approved. A cultivation center
6that obtains an Early Approval Adult Use Cultivation Center
7License may begin selling cannabis and cannabis-infused
8products on December 1, 2019.
9    (i) An Early Approval Adult Use Cultivation Center License
10holder must continue to produce and provide an adequate supply
11of cannabis and cannabis-infused products for purchase by
12qualifying patients and caregivers. For the purposes of this
13subsection, "adequate supply" means a monthly production level
14that is comparable in type and quantity to those medical
15cannabis products produced for patients and caregivers on an
16average monthly basis for the 6 months before the effective
17date of this Act.
18    (j) If there is a shortage of cannabis or cannabis-infused
19products, a license holder shall prioritize patients
20registered under the Compassionate Use of Medical Cannabis
21Pilot Program Act over adult use purchasers.
22    (k) If an Early Approval Adult Use Cultivation Center
23licensee fails to submit an application for an Adult Use
24Cultivation Center License before the expiration of the Early
25Approval Adult Use Cultivation Center License pursuant to
26subsection (c-5) of this Section, the cultivation center shall

 

 

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1cease adult use cultivation until it receives an Adult Use
2Cultivation Center License.
3    (l) A cultivation center agent who holds a valid
4cultivation center agent identification card issued under the
5Compassionate Use of Medical Cannabis Pilot Program Act and is
6an officer, director, manager, or employee of the cultivation
7center licensed under this Section may engage in all activities
8authorized by this Article to be performed by a cultivation
9center agent.
10    (m) If the Department of Agriculture suspends or revokes
11the Early Approval Adult Use Cultivation Center License of a
12cultivation center that also holds a medical cannabis
13cultivation center license issued under the Compassionate Use
14of Medical Cannabis Pilot Program Act, the Department of
15Agriculture may suspend or revoke the medical cannabis
16cultivation center license concurrently with the Early
17Approval Adult Use Cultivation Center License.
18    (n) All fees or fines collected from an Early Approval
19Adult Use Cultivation Center License holder as a result of a
20disciplinary action in the enforcement of this Act shall be
21deposited into the Cannabis Regulation Fund.
22(Source: P.A. 101-27, eff. 6-25-19.)
 
23    (410 ILCS 705/20-15)
24    Sec. 20-15. Conditional Adult Use Cultivation Center
25application.

 

 

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1    (a) If the Department of Agriculture makes available
2additional cultivation center licenses pursuant to Section
320-5, applicants for a Conditional Adult Use Cultivation Center
4License shall electronically submit the following in such form
5as the Department of Agriculture may direct:
6        (1) the nonrefundable application fee set by rule by
7    the Department of Agriculture, to be deposited into the
8    Cannabis Regulation Fund;
9        (2) the legal name of the cultivation center;
10        (3) the proposed physical address of the cultivation
11    center;
12        (4) the name, address, social security number, and date
13    of birth of each principal officer and board member of the
14    cultivation center; each principal officer and board
15    member shall be at least 21 years of age;
16        (5) the details of any administrative or judicial
17    proceeding in which any of the principal officers or board
18    members of the cultivation center (i) pled guilty, were
19    convicted, were fined, or had a registration or license
20    suspended or revoked, or (ii) managed or served on the
21    board of a business or non-profit organization that pled
22    guilty, was convicted, was fined, or had a registration or
23    license suspended or revoked;
24        (6) proposed operating bylaws that include procedures
25    for the oversight of the cultivation center, including the
26    development and implementation of a plant monitoring

 

 

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1    system, accurate recordkeeping, staffing plan, and
2    security plan approved by the Department of State Police
3    that are in accordance with the rules issued by the
4    Department of Agriculture under this Act. A physical
5    inventory shall be performed of all plants and cannabis on
6    a weekly basis by the cultivation center;
7        (7) verification from the Department of State Police
8    that all background checks of the prospective principal
9    officers, board members, and agents of the cannabis
10    business establishment have been conducted;
11        (8) a copy of the current local zoning ordinance or
12    permit and verification that the proposed cultivation
13    center is in compliance with the local zoning rules and
14    distance limitations established by the local
15    jurisdiction;
16        (9) proposed employment practices, in which the
17    applicant must demonstrate a plan of action to inform,
18    hire, and educate minorities, women, veterans, and persons
19    with disabilities, engage in fair labor practices, and
20    provide worker protections;
21        (10) whether an applicant can demonstrate experience
22    in or business practices that promote economic empowerment
23    in Disproportionately Impacted Areas;
24        (11) experience with the cultivation of agricultural
25    or horticultural products, operating an agriculturally
26    related business, or operating a horticultural business;

 

 

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1        (12) a description of the enclosed, locked facility
2    where cannabis will be grown, harvested, manufactured,
3    processed, packaged, or otherwise prepared for
4    distribution to a dispensing organization;
5        (13) a survey of the enclosed, locked facility,
6    including the space used for cultivation;
7        (14) cultivation, processing, inventory, and packaging
8    plans;
9        (15) a description of the applicant's experience with
10    agricultural cultivation techniques and industry
11    standards;
12        (16) a list of any academic degrees, certifications, or
13    relevant experience of all prospective principal officers,
14    board members, and agents of the related business;
15        (17) the identity of every person having a financial or
16    voting interest of 5% or greater in the cultivation center
17    operation with respect to which the license is sought,
18    whether a trust, corporation, partnership, limited
19    liability company, or sole proprietorship, including the
20    name and address of each person;
21        (18) a plan describing how the cultivation center will
22    address each of the following:
23            (i) energy needs, including estimates of monthly
24        electricity and gas usage, to what extent it will
25        procure energy from a local utility or from on-site
26        generation, and if it has or will adopt a sustainable

 

 

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1        energy use and energy conservation policy;
2            (ii) water needs, including estimated water draw
3        and if it has or will adopt a sustainable water use and
4        water conservation policy; and
5            (iii) waste management, including if it has or will
6        adopt a waste reduction policy;
7        (19) a diversity plan that includes a narrative of not
8    more than 2,500 words that establishes a goal of diversity
9    in ownership, management, employment, and contracting to
10    ensure that diverse participants and groups are afforded
11    equality of opportunity;
12        (20) any other information required by rule;
13        (21) a recycling plan:
14            (A) Purchaser packaging, including cartridges,
15        shall be accepted by the applicant and recycled.
16            (B) Any recyclable waste generated by the cannabis
17        cultivation facility shall be recycled per applicable
18        State and local laws, ordinances, and rules.
19            (C) Any cannabis waste, liquid waste, or hazardous
20        waste shall be disposed of in accordance with 8 Ill.
21        Adm. Code 1000.460, except, to the greatest extent
22        feasible, all cannabis plant waste will be rendered
23        unusable by grinding and incorporating the cannabis
24        plant waste with compostable mixed waste to be disposed
25        of in accordance with 8 Ill. Adm. Code 1000.460(g)(1);
26        (22) commitment to comply with local waste provisions:

 

 

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1    a cultivation facility must remain in compliance with
2    applicable State and federal environmental requirements,
3    including, but not limited to:
4            (A) storing, securing, and managing all
5        recyclables and waste, including organic waste
6        composed of or containing finished cannabis and
7        cannabis products, in accordance with applicable State
8        and local laws, ordinances, and rules; and
9            (B) disposing Disposing liquid waste containing
10        cannabis or byproducts of cannabis processing in
11        compliance with all applicable State and federal
12        requirements, including, but not limited to, the
13        cannabis cultivation facility's permits under Title X
14        of the Environmental Protection Act; and
15        (23) a commitment to a technology standard for resource
16    efficiency of the cultivation center facility.
17            (A) A cannabis cultivation facility commits to use
18        resources efficiently, including energy and water. For
19        the following, a cannabis cultivation facility commits
20        to meet or exceed the technology standard identified in
21        items (i), (ii), (iii), and (iv), which may be modified
22        by rule:
23                (i) lighting systems, including light bulbs;
24                (ii) HVAC system;
25                (iii) water application system to the crop;
26            and

 

 

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1                (iv) filtration system for removing
2            contaminants from wastewater.
3            (B) Lighting. The Lighting Power Densities (LPD)
4        for cultivation space commits to not exceed an average
5        of 36 watts per gross square foot of active and growing
6        space canopy, or all installed lighting technology
7        shall meet a photosynthetic photon efficacy (PPE) of no
8        less than 2.2 micromoles per joule fixture and shall be
9        featured on the DesignLights Consortium (DLC)
10        Horticultural Specification Qualified Products List
11        (QPL). In the event that DLC requirement for minimum
12        efficacy exceeds 2.2 micromoles per joule fixture,
13        that PPE shall become the new standard.
14            (C) HVAC.
15                (i) For cannabis grow operations with less
16            than 6,000 square feet of canopy, the licensee
17            commits that all HVAC units will be
18            high-efficiency ductless split HVAC units, or
19            other more energy efficient equipment.
20                (ii) For cannabis grow operations with 6,000
21            square feet of canopy or more, the licensee commits
22            that all HVAC units will be variable refrigerant
23            flow HVAC units, or other more energy efficient
24            equipment.
25            (D) Water application.
26                (i) The cannabis cultivation facility commits

 

 

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1            to use automated watering systems, including, but
2            not limited to, drip irrigation and flood tables,
3            to irrigate cannabis crop.
4                (ii) The cannabis cultivation facility commits
5            to measure runoff from watering events and report
6            this volume in its water usage plan, and that on
7            average, watering events shall have no more than
8            20% of runoff of water.
9            (E) Filtration. The cultivator commits that HVAC
10        condensate, dehumidification water, excess runoff, and
11        other wastewater produced by the cannabis cultivation
12        facility shall be captured and filtered to the best of
13        the facility's ability to achieve the quality needed to
14        be reused in subsequent watering rounds.
15            (F) Reporting energy use and efficiency as
16        required by rule.
17    (b) Applicants must submit all required information,
18including the information required in Section 20-10, to the
19Department of Agriculture. Failure by an applicant to submit
20all required information may result in the application being
21disqualified.
22    (c) If the Department of Agriculture receives an
23application with missing information, the Department of
24Agriculture may issue a deficiency notice to the applicant. The
25applicant shall have 10 calendar days from the date of the
26deficiency notice to resubmit the incomplete information.

 

 

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1Applications that are still incomplete after this opportunity
2to cure will not be scored and will be disqualified.
3    (e) A cultivation center that is awarded a Conditional
4Adult Use Cultivation Center License pursuant to the criteria
5in Section 20-20 shall not grow, purchase, possess, or sell
6cannabis or cannabis-infused products until the person has
7received an Adult Use Cultivation Center License issued by the
8Department of Agriculture pursuant to Section 20-21 of this
9Act.
10(Source: P.A. 101-27, eff. 6-25-19; revised 9-10-19.)
 
11    (410 ILCS 705/20-20)
12    Sec. 20-20. Conditional Adult Use License scoring
13applications.
14    (a) The Department of Agriculture shall by rule develop a
15system to score cultivation center applications to
16administratively rank applications based on the clarity,
17organization, and quality of the applicant's responses to
18required information. Applicants shall be awarded points based
19on the following categories:
20        (1) Suitability of the proposed facility;
21        (2) Suitability of employee training plan;
22        (3) Security and recordkeeping;
23        (4) Cultivation plan;
24        (5) Product safety and labeling plan;
25        (6) Business plan;

 

 

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1        (7) The applicant's status as a Social Equity
2    Applicant, which shall constitute no less than 20% of total
3    available points;
4        (8) Labor and employment practices, which shall
5    constitute no less than 2% of total available points;
6        (9) Environmental plan as described in paragraphs
7    (18), (21), (22), and (23) of subsection (a) of Section
8    20-15;
9        (10) The applicant is 51% or more owned and controlled
10    by an individual or individuals who have been an Illinois
11    resident for the past 5 years as proved by tax records or 2
12    of the following: ;
13            (A) a signed lease agreement that includes the
14        applicant's name;
15            (B) a property deed that includes the applicant's
16        name;
17            (C) school records;
18            (D) a voter registration card;
19            (E) an Illinois driver's license, an Illinois
20        Identification Card, or an Illinois Person with a
21        Disability Identification Card;
22            (F) a paycheck stub;
23            (G) a utility bill; or
24            (H) any other proof of residency or other
25        information necessary to establish residence as
26        provided by rule;

 

 

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1        (11) The applicant is 51% or more controlled and owned
2    by an individual or individuals who meet the qualifications
3    of a veteran as defined by Section 45-57 of the Illinois
4    Procurement Code;
5        (12) a diversity plan that includes a narrative of not
6    more than 2,500 words that establishes a goal of diversity
7    in ownership, management, employment, and contracting to
8    ensure that diverse participants and groups are afforded
9    equality of opportunity; and
10        (13) Any other criteria the Department of Agriculture
11    may set by rule for points.
12    (b) The Department may also award bonus points for the
13applicant's plan to engage with the community. Bonus points
14will only be awarded if the Department receives applications
15that receive an equal score for a particular region.
16    (c) Should the applicant be awarded a cultivation center
17license, the information and plans that an applicant provided
18in its application, including any plans submitted for the
19acquiring of bonus points, becomes a mandatory condition of the
20permit. Any variation from or failure to perform such plans may
21result in discipline, including the revocation or nonrenewal of
22a license.
23    (d) Should the applicant be awarded a cultivation center
24license, it shall pay a fee of $100,000 prior to receiving the
25license, to be deposited into the Cannabis Regulation Fund. The
26Department of Agriculture may by rule adjust the fee in this

 

 

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1Section after January 1, 2021.
2(Source: P.A. 101-27, eff. 6-25-19.)
 
3    (410 ILCS 705/20-30)
4    Sec. 20-30. Cultivation center requirements; prohibitions.
5    (a) The operating documents of a cultivation center shall
6include procedures for the oversight of the cultivation center
7a cannabis plant monitoring system including a physical
8inventory recorded weekly, accurate recordkeeping, and a
9staffing plan.
10    (b) A cultivation center shall implement a security plan
11reviewed by the Department of State Police that includes, but
12is not limited to: facility access controls, perimeter
13intrusion detection systems, personnel identification systems,
1424-hour surveillance system to monitor the interior and
15exterior of the cultivation center facility and accessibility
16to authorized law enforcement, the Department of Public Health
17where processing takes place, and the Department of Agriculture
18in real time.
19    (c) All cultivation of cannabis by a cultivation center
20must take place in an enclosed, locked facility at the physical
21address provided to the Department of Agriculture during the
22licensing process. The cultivation center location shall only
23be accessed by the agents working for the cultivation center,
24the Department of Agriculture staff performing inspections,
25the Department of Public Health staff performing inspections,

 

 

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1local and State law enforcement or other emergency personnel,
2contractors working on jobs unrelated to cannabis, such as
3installing or maintaining security devices or performing
4electrical wiring, transporting organization agents as
5provided in this Act, individuals in a mentoring or educational
6program approved by the State, or other individuals as provided
7by rule.
8    (d) A cultivation center may not sell or distribute any
9cannabis or cannabis-infused products to any person other than
10a dispensing organization, craft grower, infuser infusing
11organization, transporter, or as otherwise authorized by rule.
12    (e) A cultivation center may not either directly or
13indirectly discriminate in price between different dispensing
14organizations, craft growers, or infuser organizations that
15are purchasing a like grade, strain, brand, and quality of
16cannabis or cannabis-infused product. Nothing in this
17subsection (e) prevents a cultivation centers from pricing
18cannabis differently based on differences in the cost of
19manufacturing or processing, the quantities sold, such as
20volume discounts, or the way the products are delivered.
21    (f) All cannabis harvested by a cultivation center and
22intended for distribution to a dispensing organization must be
23entered into a data collection system, packaged and labeled
24under Section 55-21, and placed into a cannabis container for
25transport. All cannabis harvested by a cultivation center and
26intended for distribution to a craft grower or infuser

 

 

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1organization must be packaged in a labeled cannabis container
2and entered into a data collection system before transport.
3    (g) Cultivation centers are subject to random inspections
4by the Department of Agriculture, the Department of Public
5Health, local safety or health inspectors, and the Department
6of State Police.
7    (h) A cultivation center agent shall notify local law
8enforcement, the Department of State Police, and the Department
9of Agriculture within 24 hours of the discovery of any loss or
10theft. Notification shall be made by phone or in person, or by
11written or electronic communication.
12    (i) A cultivation center shall comply with all State and
13any applicable federal rules and regulations regarding the use
14of pesticides on cannabis plants.
15    (j) No person or entity shall hold any legal, equitable,
16ownership, or beneficial interest, directly or indirectly, of
17more than 3 cultivation centers licensed under this Article.
18Further, no person or entity that is employed by, an agent of,
19has a contract to receive payment in any form from a
20cultivation center, is a principal officer of a cultivation
21center, or entity controlled by or affiliated with a principal
22officer of a cultivation shall hold any legal, equitable,
23ownership, or beneficial interest, directly or indirectly, in a
24cultivation that would result in the person or entity owning or
25controlling in combination with any cultivation center,
26principal officer of a cultivation center, or entity controlled

 

 

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1or affiliated with a principal officer of a cultivation center
2by which he, she, or it is employed, is an agent of, or
3participates in the management of, more than 3 cultivation
4center licenses.
5    (k) A cultivation center may not contain more than 210,000
6square feet of canopy space for plants in the flowering stage
7for cultivation of adult use cannabis as provided in this Act.
8    (l) A cultivation center may process cannabis, cannabis
9concentrates, and cannabis-infused products.
10    (m) Beginning July 1, 2020, a cultivation center shall not
11transport cannabis or cannabis-infused products to a craft
12grower, dispensing organization, infuser organization, or
13laboratory licensed under this Act, unless it has obtained a
14transporting organization license.
15    (n) It is unlawful for any person having a cultivation
16center license or any officer, associate, member,
17representative, or agent of such licensee to offer or deliver
18money, or anything else of value, directly or indirectly to any
19person having an Early Approval Adult Use Dispensing
20Organization License, a Conditional Adult Use Dispensing
21Organization License, an Adult Use Dispensing Organization
22License, or a medical cannabis dispensing organization license
23issued under the Compassionate Use of Medical Cannabis Pilot
24Program Act, or to any person connected with or in any way
25representing, or to any member of the family of, such person
26holding an Early Approval Adult Use Dispensing Organization

 

 

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1License, a Conditional Adult Use Dispensing Organization
2License, an Adult Use Dispensing Organization License, or a
3medical cannabis dispensing organization license issued under
4the Compassionate Use of Medical Cannabis Pilot Program Act, or
5to any stockholders in any corporation engaged in the retail
6sale of cannabis, or to any officer, manager, agent, or
7representative of the Early Approval Adult Use Dispensing
8Organization License, a Conditional Adult Use Dispensing
9Organization License, an Adult Use Dispensing Organization
10License, or a medical cannabis dispensing organization license
11issued under the Compassionate Use of Medical Cannabis Pilot
12Program Act to obtain preferential placement within the
13dispensing organization, including, without limitation, on
14shelves and in display cases where purchasers can view
15products, or on the dispensing organization's website.
16    (o) A cultivation center must comply with any other
17requirements or prohibitions set by administrative rule of the
18Department of Agriculture.
19(Source: P.A. 101-27, eff. 6-25-19.)
 
20    (410 ILCS 705/25-1)
21    (Section scheduled to be repealed on July 1, 2026)
22    Sec. 25-1. Definitions. In this Article:
23    "Board" means the Illinois Community College Board.
24    "Career in Cannabis Certificate" or "Certificate" means
25the certification awarded to a community college student who

 

 

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1completes a prescribed course of study in cannabis and cannabis
2business industry related classes and curriculum at a community
3college awarded a Community College Cannabis Vocational Pilot
4Program license.
5    "Community college" means a public community college
6organized under the Public Community College Act.
7    "Department" means the Department of Agriculture.
8    "Licensee" means a community college awarded a Community
9College Cannabis Vocational Pilot Program license under this
10Article.
11    "Program" means the Community College Cannabis Vocational
12Pilot Program.
13    "Program license" means a Community College Cannabis
14Vocational Pilot Program license issued to a community college
15under this Article.
16(Source: P.A. 101-27, eff. 6-25-19; revised 8-16-19.)
 
17    (410 ILCS 705/25-10)
18    (Section scheduled to be repealed on July 1, 2026)
19    Sec. 25-10. Issuance of Community College Cannabis
20Vocational Pilot Program licenses.
21    (a) The Department shall issue rules regulating the
22selection criteria for applicants by January 1, 2020. The
23Department shall make the application for a Program license
24available no later than February 1, 2020, and shall require
25that applicants submit the completed application no later than

 

 

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1July 1, 2020. If the Department issues fewer than 8 Program
2licenses by September 1, 2020, the Department may accept
3applications at a future date as prescribed by rule.
4    (b) The Department shall by rule develop a system to score
5Program licenses to administratively rank applications based
6on the clarity, organization, and quality of the applicant's
7responses to required information. Applicants shall be awarded
8points that are based on or that meet the following categories:
9        (1) Geographic diversity of the applicants;
10        (2) Experience and credentials of the applicant's
11    faculty;
12        (3) At least 5 Program license awardees must have a
13    student population that is more than 50% low-income in each
14    of the past 4 years;
15        (4) Security plan, including a requirement that all
16    cannabis plants be in an enclosed, locked facility;
17        (5) Curriculum plan, including processing and testing
18    curriculum for the Career in Cannabis Certificate;
19        (6) Career advising and placement plan for
20    participating students; and
21        (7) Any other criteria the Department may set by rule.
22(Source: P.A. 101-27, eff. 6-25-19.)
 
23    (410 ILCS 705/30-5)
24    Sec. 30-5. Issuance of licenses.
25    (a) The Department of Agriculture shall issue up to 40

 

 

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1craft grower licenses by July 1, 2020. Any person or entity
2awarded a license pursuant to this subsection shall only hold
3one craft grower license and may not sell that license until
4after December 21, 2021.
5    (b) By December 21, 2021, the Department of Agriculture
6shall issue up to 60 additional craft grower licenses. Any
7person or entity awarded a license pursuant to this subsection
8shall not hold more than 2 craft grower licenses. The person or
9entity awarded a license pursuant to this subsection or
10subsection (a) of this Section may sell its craft grower
11license subject to the restrictions of this Act or as
12determined by administrative rule. Prior to issuing such
13licenses, the Department may adopt rules through emergency
14rulemaking in accordance with subsection (gg) of Section 5-45
15of the Illinois Administrative Procedure Act, to modify or
16raise the number of craft grower licenses assigned to each
17region and modify or change the licensing application process
18to reduce or eliminate barriers. The General Assembly finds
19that the adoption of rules to regulate cannabis use is deemed
20an emergency and necessary for the public interest, safety, and
21welfare. In determining whether to exercise the authority
22granted by this subsection, the Department of Agriculture must
23consider the following factors:
24        (1) the percentage of cannabis sales occurring in
25    Illinois not in the regulated market using data from the
26    Substance Abuse and Mental Health Services Administration,

 

 

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1    National Survey on Drug Use and Health, Illinois Behavioral
2    Risk Factor Surveillance System, and tourism data from the
3    Illinois Office of Tourism to ascertain total cannabis
4    consumption in Illinois compared to the amount of sales in
5    licensed dispensing organizations;
6        (2) whether there is an adequate supply of cannabis and
7    cannabis-infused products to serve registered medical
8    cannabis patients;
9        (3) whether there is an adequate supply of cannabis and
10    cannabis-infused products to serve purchasers;
11        (4) whether there is an oversupply of cannabis in
12    Illinois leading to trafficking of cannabis to states where
13    the sale of cannabis is not permitted by law;
14        (5) population increases or shifts;
15        (6) the density of craft growers in any area of the
16    State;
17        (7) perceived security risks of increasing the number
18    or location of craft growers;
19        (8) the past safety record of craft growers;
20        (9) the Department of Agriculture's capacity to
21    appropriately regulate additional licensees;
22        (10) the findings and recommendations from the
23    disparity and availability study commissioned by the
24    Illinois Cannabis Regulation Oversight Officer to reduce
25    or eliminate any identified barriers to entry in the
26    cannabis industry; and

 

 

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1        (11) any other criteria the Department of Agriculture
2    deems relevant.
3    (c) After January 1, 2022, the Department of Agriculture
4may by rule modify or raise the number of craft grower licenses
5assigned to each region, and modify or change the licensing
6application process to reduce or eliminate barriers based on
7the criteria in subsection (b). At no time may the number of
8craft grower licenses exceed 150. Any person or entity awarded
9a license pursuant to this subsection shall not hold more than
103 craft grower licenses. A person or entity awarded a license
11pursuant to this subsection or subsection (a) or subsection (b)
12of this Section may sell its craft grower license or licenses
13subject to the restrictions of this Act or as determined by
14administrative rule.
15(Source: P.A. 101-27, eff. 6-25-19.)
 
16    (410 ILCS 705/30-10)
17    Sec. 30-10. Application.
18    (a) When applying for a license, the applicant shall
19electronically submit the following in such form as the
20Department of Agriculture may direct:
21        (1) the nonrefundable application fee of $5,000 to be
22    deposited into the Cannabis Regulation Fund, or another
23    amount as the Department of Agriculture may set by rule
24    after January 1, 2021;
25        (2) the legal name of the craft grower;

 

 

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1        (3) the proposed physical address of the craft grower;
2        (4) the name, address, social security number, and date
3    of birth of each principal officer and board member of the
4    craft grower; each principal officer and board member shall
5    be at least 21 years of age;
6        (5) the details of any administrative or judicial
7    proceeding in which any of the principal officers or board
8    members of the craft grower (i) pled guilty, were
9    convicted, were fined, or had a registration or license
10    suspended or revoked or (ii) managed or served on the board
11    of a business or non-profit organization that pled guilty,
12    was convicted, was fined, or had a registration or license
13    suspended or revoked;
14        (6) proposed operating bylaws that include procedures
15    for the oversight of the craft grower, including the
16    development and implementation of a plant monitoring
17    system, accurate recordkeeping, staffing plan, and
18    security plan approved by the Department of State Police
19    that are in accordance with the rules issued by the
20    Department of Agriculture under this Act; a physical
21    inventory shall be performed of all plants and on a weekly
22    basis by the craft grower;
23        (7) verification from the Department of State Police
24    that all background checks of the prospective principal
25    officers, board members, and agents of the cannabis
26    business establishment have been conducted;

 

 

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1        (8) a copy of the current local zoning ordinance or
2    permit and verification that the proposed craft grower is
3    in compliance with the local zoning rules and distance
4    limitations established by the local jurisdiction;
5        (9) proposed employment practices, in which the
6    applicant must demonstrate a plan of action to inform,
7    hire, and educate minorities, women, veterans, and persons
8    with disabilities, engage in fair labor practices, and
9    provide worker protections;
10        (10) whether an applicant can demonstrate experience
11    in or business practices that promote economic empowerment
12    in Disproportionately Impacted Areas;
13        (11) experience with the cultivation of agricultural
14    or horticultural products, operating an agriculturally
15    related business, or operating a horticultural business;
16        (12) a description of the enclosed, locked facility
17    where cannabis will be grown, harvested, manufactured,
18    packaged, or otherwise prepared for distribution to a
19    dispensing organization or other cannabis business
20    establishment;
21        (13) a survey of the enclosed, locked facility,
22    including the space used for cultivation;
23        (14) cultivation, processing, inventory, and packaging
24    plans;
25        (15) a description of the applicant's experience with
26    agricultural cultivation techniques and industry

 

 

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1    standards;
2        (16) a list of any academic degrees, certifications, or
3    relevant experience of all prospective principal officers,
4    board members, and agents of the related business;
5        (17) the identity of every person having a financial or
6    voting interest of 5% or greater in the craft grower
7    operation, whether a trust, corporation, partnership,
8    limited liability company, or sole proprietorship,
9    including the name and address of each person;
10        (18) a plan describing how the craft grower will
11    address each of the following:
12            (i) energy needs, including estimates of monthly
13        electricity and gas usage, to what extent it will
14        procure energy from a local utility or from on-site
15        generation, and if it has or will adopt a sustainable
16        energy use and energy conservation policy;
17            (ii) water needs, including estimated water draw
18        and if it has or will adopt a sustainable water use and
19        water conservation policy; and
20            (iii) waste management, including if it has or will
21        adopt a waste reduction policy;
22        (19) a recycling plan:
23            (A) Purchaser packaging, including cartridges,
24        shall be accepted by the applicant and recycled.
25            (B) Any recyclable waste generated by the craft
26        grower facility shall be recycled per applicable State

 

 

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1        and local laws, ordinances, and rules.
2            (C) Any cannabis waste, liquid waste, or hazardous
3        waste shall be disposed of in accordance with 8 Ill.
4        Adm. Code 1000.460, except, to the greatest extent
5        feasible, all cannabis plant waste will be rendered
6        unusable by grinding and incorporating the cannabis
7        plant waste with compostable mixed waste to be disposed
8        of in accordance with 8 Ill. Adm. Code 1000.460(g)(1); .
9        (20) a commitment to comply with local waste
10    provisions: a craft grower facility must remain in
11    compliance with applicable State and federal environmental
12    requirements, including, but not limited to:
13            (A) storing, securing, and managing all
14        recyclables and waste, including organic waste
15        composed of or containing finished cannabis and
16        cannabis products, in accordance with applicable State
17        and local laws, ordinances, and rules; and
18            (B) disposing Disposing liquid waste containing
19        cannabis or byproducts of cannabis processing in
20        compliance with all applicable State and federal
21        requirements, including, but not limited to, the
22        cannabis cultivation facility's permits under Title X
23        of the Environmental Protection Act; .
24        (21) a commitment to a technology standard for resource
25    efficiency of the craft grower facility.
26            (A) A craft grower facility commits to use

 

 

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1        resources efficiently, including energy and water. For
2        the following, a cannabis cultivation facility commits
3        to meet or exceed the technology standard identified in
4        paragraphs (i), (ii), (iii), and (iv), which may be
5        modified by rule:
6                (i) lighting systems, including light bulbs;
7                (ii) HVAC system;
8                (iii) water application system to the crop;
9            and
10                (iv) filtration system for removing
11            contaminants from wastewater.
12            (B) Lighting. The Lighting Power Densities (LPD)
13        for cultivation space commits to not exceed an average
14        of 36 watts per gross square foot of active and growing
15        space canopy, or all installed lighting technology
16        shall meet a photosynthetic photon efficacy (PPE) of no
17        less than 2.2 micromoles per joule fixture and shall be
18        featured on the DesignLights Consortium (DLC)
19        Horticultural Specification Qualified Products List
20        (QPL). In the event that DLC requirement for minimum
21        efficacy exceeds 2.2 micromoles per joule fixture,
22        that PPE shall become the new standard.
23            (C) HVAC.
24                (i) For cannabis grow operations with less
25            than 6,000 square feet of canopy, the licensee
26            commits that all HVAC units will be

 

 

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1            high-efficiency ductless split HVAC units, or
2            other more energy efficient equipment.
3                (ii) For cannabis grow operations with 6,000
4            square feet of canopy or more, the licensee commits
5            that all HVAC units will be variable refrigerant
6            flow HVAC units, or other more energy efficient
7            equipment.
8            (D) Water application.
9                (i) The craft grower facility commits to use
10            automated watering systems, including, but not
11            limited to, drip irrigation and flood tables, to
12            irrigate cannabis crop.
13                (ii) The craft grower facility commits to
14            measure runoff from watering events and report
15            this volume in its water usage plan, and that on
16            average, watering events shall have no more than
17            20% of runoff of water.
18            (E) Filtration. The craft grower commits that HVAC
19        condensate, dehumidification water, excess runoff, and
20        other wastewater produced by the craft grower facility
21        shall be captured and filtered to the best of the
22        facility's ability to achieve the quality needed to be
23        reused in subsequent watering rounds.
24            (F) Reporting energy use and efficiency as
25        required by rule; and
26        (22) any other information required by rule.

 

 

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1    (b) Applicants must submit all required information,
2including the information required in Section 30-15, to the
3Department of Agriculture. Failure by an applicant to submit
4all required information may result in the application being
5disqualified.
6    (c) If the Department of Agriculture receives an
7application with missing information, the Department of
8Agriculture may issue a deficiency notice to the applicant. The
9applicant shall have 10 calendar days from the date of the
10deficiency notice to resubmit the incomplete information.
11Applications that are still incomplete after this opportunity
12to cure will not be scored and will be disqualified.
13(Source: P.A. 101-27, eff. 6-25-19; revised 9-4-19.)
 
14    (410 ILCS 705/30-15)
15    Sec. 30-15. Scoring applications.
16    (a) The Department of Agriculture shall by rule develop a
17system to score craft grower applications to administratively
18rank applications based on the clarity, organization, and
19quality of the applicant's responses to required information.
20Applicants shall be awarded points based on the following
21categories:
22        (1) Suitability of the proposed facility;
23        (2) Suitability of the employee training plan;
24        (3) Security and recordkeeping;
25        (4) Cultivation plan;

 

 

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1        (5) Product safety and labeling plan;
2        (6) Business plan;
3        (7) The applicant's status as a Social Equity
4    Applicant, which shall constitute no less than 20% of total
5    available points;
6        (8) Labor and employment practices, which shall
7    constitute no less than 2% of total available points;
8        (9) Environmental plan as described in paragraphs
9    (18), (19), (20), and (21) of subsection (a) of Section
10    30-10;
11        (10) The applicant is 51% or more owned and controlled
12    by an individual or individuals who have been an Illinois
13    resident for the past 5 years as proved by tax records or 2
14    of the following: ;
15            (A) a signed lease agreement that includes the
16        applicant's name;
17            (B) a property deed that includes the applicant's
18        name;
19            (C) school records;
20            (D) a voter registration card;
21            (E) an Illinois driver's license, an Illinois
22        Identification Card, or an Illinois Person with a
23        Disability Identification Card;
24            (F) a paycheck stub;
25            (G) a utility bill; or
26            (H) any other proof of residency or other

 

 

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1        information necessary to establish residence as
2        provided by rule;
3        (11) The applicant is 51% or more controlled and owned
4    by an individual or individuals who meet the qualifications
5    of a veteran as defined in Section 45-57 of the Illinois
6    Procurement Code;
7        (12) A diversity plan that includes a narrative of not
8    more than 2,500 words that establishes a goal of diversity
9    in ownership, management, employment, and contracting to
10    ensure that diverse participants and groups are afforded
11    equality of opportunity; and
12        (13) Any other criteria the Department of Agriculture
13    may set by rule for points.
14    (b) The Department may also award up to 2 bonus points for
15the applicant's plan to engage with the community. The
16applicant may demonstrate a desire to engage with its community
17by participating in one or more of, but not limited to, the
18following actions: (i) establishment of an incubator program
19designed to increase participation in the cannabis industry by
20persons who would qualify as Social Equity Applicants; (ii)
21providing financial assistance to substance abuse treatment
22centers; (iii) educating children and teens about the potential
23harms of cannabis use; or (iv) other measures demonstrating a
24commitment to the applicant's community. Bonus points will only
25be awarded if the Department receives applications that receive
26an equal score for a particular region.

 

 

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1    (c) Should the applicant be awarded a craft grower license,
2the information and plans that an applicant provided in its
3application, including any plans submitted for the acquiring of
4bonus points, shall be a mandatory condition of the license.
5Any variation from or failure to perform such plans may result
6in discipline, including the revocation or nonrenewal of a
7license.
8    (d) Should the applicant be awarded a craft grower license,
9the applicant shall pay a prorated fee of $40,000 prior to
10receiving the license, to be deposited into the Cannabis
11Regulation Fund. The Department of Agriculture may by rule
12adjust the fee in this Section after January 1, 2021.
13(Source: P.A. 101-27, eff. 6-25-19.)
 
14    (410 ILCS 705/30-30)
15    Sec. 30-30. Craft grower requirements; prohibitions.
16    (a) The operating documents of a craft grower shall include
17procedures for the oversight of the craft grower, a cannabis
18plant monitoring system including a physical inventory
19recorded weekly, accurate recordkeeping, and a staffing plan.
20    (b) A craft grower shall implement a security plan reviewed
21by the Department of State Police that includes, but is not
22limited to: facility access controls, perimeter intrusion
23detection systems, personnel identification systems, and a
2424-hour surveillance system to monitor the interior and
25exterior of the craft grower facility and that is accessible to

 

 

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1authorized law enforcement and the Department of Agriculture in
2real time.
3    (c) All cultivation of cannabis by a craft grower must take
4place in an enclosed, locked facility at the physical address
5provided to the Department of Agriculture during the licensing
6process. The craft grower location shall only be accessed by
7the agents working for the craft grower, the Department of
8Agriculture staff performing inspections, the Department of
9Public Health staff performing inspections, State and local law
10enforcement or other emergency personnel, contractors working
11on jobs unrelated to cannabis, such as installing or
12maintaining security devices or performing electrical wiring,
13transporting organization agents as provided in this Act, or
14participants in the incubator program, individuals in a
15mentoring or educational program approved by the State, or
16other individuals as provided by rule. However, if a craft
17grower shares a premises with an infuser or dispensing
18organization, agents from those other licensees may access the
19craft grower portion of the premises if that is the location of
20common bathrooms, lunchrooms, locker rooms, or other areas of
21the building where work or cultivation of cannabis is not
22performed. At no time may an infuser or dispensing organization
23agent perform work at a craft grower without being a registered
24agent of the craft grower.
25    (d) A craft grower may not sell or distribute any cannabis
26to any person other than a cultivation center, a craft grower,

 

 

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1an infuser organization, a dispensing organization, or as
2otherwise authorized by rule.
3    (e) A craft grower may not be located in an area zoned for
4residential use.
5    (f) A craft grower may not either directly or indirectly
6discriminate in price between different cannabis business
7establishments that are purchasing a like grade, strain, brand,
8and quality of cannabis or cannabis-infused product. Nothing in
9this subsection (f) prevents a craft grower from pricing
10cannabis differently based on differences in the cost of
11manufacturing or processing, the quantities sold, such as
12volume discounts, or the way the products are delivered.
13    (g) All cannabis harvested by a craft grower and intended
14for distribution to a dispensing organization must be entered
15into a data collection system, packaged and labeled under
16Section 55-21, and, if distribution is to a dispensing
17organization that does not share a premises with the dispensing
18organization receiving the cannabis, placed into a cannabis
19container for transport. All cannabis harvested by a craft
20grower and intended for distribution to a cultivation center,
21to an infuser organization, or to a craft grower with which it
22does not share a premises, must be packaged in a labeled
23cannabis container and entered into a data collection system
24before transport.
25    (h) Craft growers are subject to random inspections by the
26Department of Agriculture, local safety or health inspectors,

 

 

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1and the Department of State Police.
2    (i) A craft grower agent shall notify local law
3enforcement, the Department of State Police, and the Department
4of Agriculture within 24 hours of the discovery of any loss or
5theft. Notification shall be made by phone, in person, or
6written or electronic communication.
7    (j) A craft grower shall comply with all State and any
8applicable federal rules and regulations regarding the use of
9pesticides.
10    (k) A craft grower or craft grower agent shall not
11transport cannabis or cannabis-infused products to any other
12cannabis business establishment without a transport
13organization license unless:
14        (i) If the craft grower is located in a county with a
15    population of 3,000,000 or more, the cannabis business
16    establishment receiving the cannabis is within 2,000 feet
17    of the property line of the craft grower;
18        (ii) If the craft grower is located in a county with a
19    population of more than 700,000 but fewer than 3,000,000,
20    the cannabis business establishment receiving the cannabis
21    is within 2 miles of the craft grower; or
22        (iii) If the craft grower is located in a county with a
23    population of fewer than the 700,000, the cannabis business
24    establishment receiving the cannabis is within 15 miles of
25    the craft grower.
26    (l) A craft grower may enter into a contract with a

 

 

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1transporting organization to transport cannabis to a
2cultivation center, a craft grower, an infuser organization, a
3dispensing organization, or a laboratory.
4    (m) No person or entity shall hold any legal, equitable,
5ownership, or beneficial interest, directly or indirectly, of
6more than 3 craft grower licenses. Further, no person or entity
7that is employed by, an agent of, or has a contract to receive
8payment from or participate in the management of a craft
9grower, is a principal officer of a craft grower, or entity
10controlled by or affiliated with a principal officer of a craft
11grower shall hold any legal, equitable, ownership, or
12beneficial interest, directly or indirectly, in a craft grower
13license that would result in the person or entity owning or
14controlling in combination with any craft grower, principal
15officer of a craft grower, or entity controlled or affiliated
16with a principal officer of a craft grower by which he, she, or
17it is employed, is an agent of, or participates in the
18management of more than 3 craft grower licenses.
19    (n) It is unlawful for any person having a craft grower
20license or any officer, associate, member, representative, or
21agent of the licensee to offer or deliver money, or anything
22else of value, directly or indirectly, to any person having an
23Early Approval Adult Use Dispensing Organization License, a
24Conditional Adult Use Dispensing Organization License, an
25Adult Use Dispensing Organization License, or a medical
26cannabis dispensing organization license issued under the

 

 

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1Compassionate Use of Medical Cannabis Pilot Program Act, or to
2any person connected with or in any way representing, or to any
3member of the family of, the person holding an Early Approval
4Adult Use Dispensing Organization License, a Conditional Adult
5Use Dispensing Organization License, an Adult Use Dispensing
6Organization License, or a medical cannabis dispensing
7organization license issued under the Compassionate Use of
8Medical Cannabis Pilot Program Act, or to any stockholders in
9any corporation engaged in the retail sale of cannabis, or to
10any officer, manager, agent, or representative of the Early
11Approval Adult Use Dispensing Organization License, a
12Conditional Adult Use Dispensing Organization License, an
13Adult Use Dispensing Organization License, or a medical
14cannabis dispensing organization license issued under the
15Compassionate Use of Medical Cannabis Pilot Program Act to
16obtain preferential placement within the dispensing
17organization, including, without limitation, on shelves and in
18display cases where purchasers can view products, or on the
19dispensing organization's website.
20    (o) A craft grower shall not be located within 1,500 feet
21of another craft grower or a cultivation center.
22    (p) A craft graft grower may process cannabis, cannabis
23concentrates, and cannabis-infused products.
24    (q) A craft grower must comply with any other requirements
25or prohibitions set by administrative rule of the Department of
26Agriculture.

 

 

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1(Source: P.A. 101-27, eff. 6-25-19; revised 9-10-19.)
 
2    (410 ILCS 705/35-5)
3    Sec. 35-5. Issuance of licenses.
4    (a) The Department of Agriculture shall issue up to 40
5infuser licenses through a process provided for in this Article
6no later than July 1, 2020.
7    (b) The Department of Agriculture shall make the
8application for infuser licenses available on January 7, 2020,
9or if that date falls on a weekend or holiday, the business day
10immediately succeeding the weekend or holiday and every January
117 or succeeding business day thereafter, and shall receive such
12applications no later than March 15, 2020, or, if that date
13falls on a weekend or holiday, the business day immediately
14succeeding the weekend or holiday and every March 15 or
15succeeding business day thereafter.
16    (c) By December 21, 2021, the Department of Agriculture may
17issue up to 60 additional infuser licenses. Prior to issuing
18such licenses, the Department may adopt rules through emergency
19rulemaking in accordance with subsection (gg) of Section 5-45
20of the Illinois Administrative Procedure Act, to modify or
21raise the number of infuser licenses and modify or change the
22licensing application process to reduce or eliminate barriers.
23The General Assembly finds that the adoption of rules to
24regulate cannabis use is deemed an emergency and necessary for
25the public interest, safety, and welfare.

 

 

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1    In determining whether to exercise the authority granted by
2this subsection, the Department of Agriculture must consider
3the following factors:
4        (1) the percentage of cannabis sales occurring in
5    Illinois not in the regulated market using data from the
6    Substance Abuse and Mental Health Services Administration,
7    National Survey on Drug Use and Health, Illinois Behavioral
8    Risk Factor Surveillance System, and tourism data from the
9    Illinois Office of Tourism to ascertain total cannabis
10    consumption in Illinois compared to the amount of sales in
11    licensed dispensing organizations;
12        (2) whether there is an adequate supply of cannabis and
13    cannabis-infused products to serve registered medical
14    cannabis patients;
15        (3) whether there is an adequate supply of cannabis and
16    cannabis-infused products to serve sere purchasers; :
17        (4) whether there is an oversupply of cannabis in
18    Illinois leading to trafficking of cannabis to any other
19    state;
20        (5) population increases or shifts;
21        (6) changes to federal law;
22        (7) perceived security risks of increasing the number
23    or location of infuser organizations;
24        (8) the past security records of infuser
25    organizations;
26        (9) the Department of Agriculture's capacity to

 

 

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1    appropriately regulate additional licenses;
2        (10) the findings and recommendations from the
3    disparity and availability study commissioned by the
4    Illinois Cannabis Regulation Oversight Officer to reduce
5    or eliminate any identified barriers to entry in the
6    cannabis industry; and
7        (11) any other criteria the Department of Agriculture
8    deems relevant.
9    (d) After January 1, 2022, the Department of Agriculture
10may by rule modify or raise the number of infuser licenses, and
11modify or change the licensing application process to reduce or
12eliminate barriers based on the criteria in subsection (c).
13(Source: P.A. 101-27, eff. 6-25-19; revised 9-10-19.)
 
14    (410 ILCS 705/35-15)
15    Sec. 35-15. Issuing licenses.
16    (a) The Department of Agriculture shall by rule develop a
17system to score infuser applications to administratively rank
18applications based on the clarity, organization, and quality of
19the applicant's responses to required information. Applicants
20shall be awarded points based on the following categories:
21        (1) Suitability of the proposed facility;
22        (2) Suitability of the employee training plan;
23        (3) Security and recordkeeping plan;
24        (4) Infusing plan;
25        (5) Product safety and labeling plan;

 

 

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1        (6) Business plan;
2        (7) The applicant's status as a Social Equity
3    Applicant, which shall constitute no less than 20% of total
4    available points;
5        (8) Labor and employment practices, which shall
6    constitute no less than 2% of total available points;
7        (9) Environmental plan as described in paragraphs (17)
8    and (18) of subsection (a) of Section 35-10;
9        (10) The applicant is 51% or more owned and controlled
10    by an individual or individuals who have been an Illinois
11    resident for the past 5 years as proved by tax records or 2
12    of the following: ;
13            (A) a signed lease agreement that includes the
14        applicant's name;
15            (B) a property deed that includes the applicant's
16        name;
17            (C) school records;
18            (D) a voter registration card;
19            (E) an Illinois driver's license, an Illinois
20        Identification Card, or an Illinois Person with a
21        Disability Identification Card;
22            (F) a paycheck stub;
23            (G) a utility bill; or
24            (H) any other proof of residency or other
25        information necessary to establish residence as
26        provided by rule;

 

 

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1        (11) The applicant is 51% or more controlled and owned
2    by an individual or individuals who meet the qualifications
3    of a veteran as defined by Section 45-57 of the Illinois
4    Procurement Code; and
5        (12) A diversity plan that includes a narrative of not
6    more than 2,500 words that establishes a goal of diversity
7    in ownership, management, employment, and contracting to
8    ensure that diverse participants and groups are afforded
9    equality of opportunity; and
10        (13) Any other criteria the Department of Agriculture
11    may set by rule for points.
12    (b) The Department may also award up to 2 bonus points for
13the applicant's plan to engage with the community. The
14applicant may demonstrate a desire to engage with its community
15by participating in one or more of, but not limited to, the
16following actions: (i) establishment of an incubator program
17designed to increase participation in the cannabis industry by
18persons who would qualify as Social Equity Applicants; (ii)
19providing financial assistance to substance abuse treatment
20centers; (iii) educating children and teens about the potential
21harms of cannabis use; or (iv) other measures demonstrating a
22commitment to the applicant's community. Bonus points will only
23be awarded if the Department receives applications that receive
24an equal score for a particular region.
25    (c) Should the applicant be awarded an infuser license, the
26information and plans that an applicant provided in its

 

 

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1application, including any plans submitted for the acquiring of
2bonus points, becomes a mandatory condition of the permit. Any
3variation from or failure to perform such plans may result in
4discipline, including the revocation or nonrenewal of a
5license.
6    (d) Should the applicant be awarded an infuser organization
7license, it shall pay a fee of $5,000 prior to receiving the
8license, to be deposited into the Cannabis Regulation Fund. The
9Department of Agriculture may by rule adjust the fee in this
10Section after January 1, 2021.
11(Source: P.A. 101-27, eff. 6-25-19.)
 
12    (410 ILCS 705/35-25)
13    Sec. 35-25. Infuser organization requirements;
14prohibitions.
15    (a) The operating documents of an infuser shall include
16procedures for the oversight of the infuser, an inventory
17monitoring system including a physical inventory recorded
18weekly, accurate recordkeeping, and a staffing plan.
19    (b) An infuser shall implement a security plan reviewed by
20the Department of State Police that includes, but is not
21limited to: facility access controls, perimeter intrusion
22detection systems, personnel identification systems, and a
2324-hour surveillance system to monitor the interior and
24exterior of the infuser facility and that is accessible to
25authorized law enforcement, the Department of Public Health,

 

 

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1and the Department of Agriculture in real time.
2    (c) All processing of cannabis by an infuser must take
3place in an enclosed, locked facility at the physical address
4provided to the Department of Agriculture during the licensing
5process. The infuser location shall only be accessed by the
6agents working for the infuser, the Department of Agriculture
7staff performing inspections, the Department of Public Health
8staff performing inspections, State and local law enforcement
9or other emergency personnel, contractors working on jobs
10unrelated to cannabis, such as installing or maintaining
11security devices or performing electrical wiring, transporting
12organization agents as provided in this Act, participants in
13the incubator program, individuals in a mentoring or
14educational program approved by the State, local safety or
15health inspectors, or other individuals as provided by rule.
16However, if an infuser shares a premises with a craft grower or
17dispensing organization, agents from these other licensees may
18access the infuser portion of the premises if that is the
19location of common bathrooms, lunchrooms, locker rooms, or
20other areas of the building where processing of cannabis is not
21performed. At no time may a craft grower or dispensing
22organization agent perform work at an infuser without being a
23registered agent of the infuser.
24    (d) An infuser may not sell or distribute any cannabis to
25any person other than a dispensing organization, or as
26otherwise authorized by rule.

 

 

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1    (e) An infuser may not either directly or indirectly
2discriminate in price between different cannabis business
3establishments that are purchasing a like grade, strain, brand,
4and quality of cannabis or cannabis-infused product. Nothing in
5this subsection (e) prevents an infuser from pricing cannabis
6differently based on differences in the cost of manufacturing
7or processing, the quantities sold, such volume discounts, or
8the way the products are delivered.
9    (f) All cannabis infused by an infuser and intended for
10distribution to a dispensing organization must be entered into
11a data collection system, packaged and labeled under Section
1255-21, and, if distribution is to a dispensing organization
13that does not share a premises with the infuser, placed into a
14cannabis container for transport. All cannabis produced by an
15infuser and intended for distribution to a cultivation center,
16infuser organization, or craft grower with which it does not
17share a premises, must be packaged in a labeled cannabis
18container and entered into a data collection system before
19transport.
20    (g) Infusers are subject to random inspections by the
21Department of Agriculture, the Department of Public Health, the
22Department of State Police, and local law enforcement.
23    (h) An infuser agent shall notify local law enforcement,
24the Department of State Police, and the Department of
25Agriculture within 24 hours of the discovery of any loss or
26theft. Notification shall be made by phone, in person, or by

 

 

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1written or electronic communication.
2    (i) An infuser organization may not be located in an area
3zoned for residential use.
4    (j) An infuser or infuser agent shall not transport
5cannabis or cannabis-infused products to any other cannabis
6business establishment without a transport organization
7license unless:
8        (i) If the infuser is located in a county with a
9    population of 3,000,000 or more, the cannabis business
10    establishment receiving the cannabis or cannabis-infused
11    product is within 2,000 feet of the property line of the
12    infuser;
13        (ii) If the infuser is located in a county with a
14    population of more than 700,000 but fewer than 3,000,000,
15    the cannabis business establishment receiving the cannabis
16    or cannabis-infused product is within 2 miles of the
17    infuser; or
18        (iii) If the infuser is located in a county with a
19    population of fewer than 700,000, the cannabis business
20    establishment receiving the cannabis or cannabis-infused
21    product is within 15 miles of the infuser.
22    (k) An infuser may enter into a contract with a
23transporting organization to transport cannabis to a
24dispensing organization or a laboratory.
25    (l) An infuser organization may share premises with a craft
26grower or a dispensing organization, or both, provided each

 

 

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1licensee stores currency and cannabis or cannabis-infused
2products in a separate secured vault to which the other
3licensee does not have access or all licensees sharing a vault
4share more than 50% of the same ownership.
5    (m) It is unlawful for any person or entity having an
6infuser organization license or any officer, associate,
7member, representative or agent of such licensee to offer or
8deliver money, or anything else of value, directly or
9indirectly to any person having an Early Approval Adult Use
10Dispensing Organization License, a Conditional Adult Use
11Dispensing Organization License, an Adult Use Dispensing
12Organization License, or a medical cannabis dispensing
13organization license issued under the Compassionate Use of
14Medical Cannabis Pilot Program Act, or to any person connected
15with or in any way representing, or to any member of the family
16of, such person holding an Early Approval Adult Use Dispensing
17Organization License, a Conditional Adult Use Dispensing
18Organization License, an Adult Use Dispensing Organization
19License, or a medical cannabis dispensing organization license
20issued under the Compassionate Use of Medical Cannabis Pilot
21Program Act, or to any stockholders in any corporation engaged
22the retail sales of cannabis, or to any officer, manager,
23agent, or representative of the Early Approval Adult Use
24Dispensing Organization License, a Conditional Adult Use
25Dispensing Organization License, an Adult Use Dispensing
26Organization License, or a medical cannabis dispensing

 

 

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1organization license issued under the Compassionate Use of
2Medical Cannabis Pilot Program Act to obtain preferential
3placement within the dispensing organization, including,
4without limitation, on shelves and in display cases where
5purchasers can view products, or on the dispensing
6organization's website.
7    (n) At no time shall an infuser organization or an infuser
8agent perform the extraction of cannabis concentrate from
9cannabis flower.
10(Source: P.A. 101-27, eff. 6-25-19.)
 
11    (410 ILCS 705/35-31)
12    Sec. 35-31. Ensuring an adequate supply of raw materials to
13serve infusers.
14    (a) As used in this Section, "raw materials" includes, but
15is not limited to, CO2 hash oil, "crude", "distillate", or any
16other cannabis concentrate extracted from cannabis flower by
17use of a solvent or a mechanical process.
18    (b) The Department of Agriculture may by rule design a
19method for assessing whether licensed infusers have access to
20an adequate supply of reasonably affordable raw materials,
21which may include but not be limited to: (i) a survey of
22infusers; (ii) a market study on the sales trends of
23cannabis-infused products manufactured by infusers; and (iii)
24the costs cultivation centers and craft growers assume for the
25raw materials they use in any cannabis-infused products they

 

 

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1manufacture.
2    (c) The Department of Agriculture shall perform an
3assessment of whether infusers have access to an adequate
4supply of reasonably affordable raw materials that shall start
5no sooner than January 1, 2022 and shall conclude no later than
6April 1, 2022. The Department of Agriculture may rely on data
7from the Illinois Cannabis Regulation Oversight Officer as part
8of this assessment.
9    (d) The Department of Agriculture shall perform an
10assessment of whether infusers have access to an adequate
11supply of reasonably affordable raw materials that shall start
12no sooner than January 1, 2023 and shall conclude no later than
13April 1, 2023. The Department of Agriculture may rely on data
14from the Cannabis Regulation Oversight Officer as part of this
15assessment.
16    (e) The Department of Agriculture may by rule adopt
17measures to ensure infusers have access to an adequate supply
18of reasonably affordable raw materials necessary for the
19manufacture of cannabis-infused products. Such measures may
20include, but not be limited to (i) requiring cultivation
21centers and craft growers to set aside a minimum amount of raw
22materials for the wholesale market or (ii) enabling infusers to
23apply for a processor license to extract raw materials from
24cannabis flower.
25    (f) If the Department of Agriculture determines processor
26licenses may be available to infuser infusing organizations

 

 

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1based upon findings made pursuant to subsection (e), infuser
2organizations may submit to the Department of Agriculture on
3forms provided by the Department of Agriculture the following
4information as part of an application to receive a processor
5license:
6        (1) experience with the extraction, processing, or
7    infusing of oils similar to those derived from cannabis, or
8    other business practices to be performed by the infuser;
9        (2) a description of the applicant's experience with
10    manufacturing equipment and chemicals to be used in
11    processing;
12        (3) expertise in relevant scientific fields;
13        (4) a commitment that any cannabis waste, liquid waste,
14    or hazardous waste shall be disposed of in accordance with
15    8 Ill. Adm. Code 1000.460, except, to the greatest extent
16    feasible, all cannabis plant waste will be rendered
17    unusable by grinding and incorporating the cannabis plant
18    waste with compostable mixed waste to be disposed of in
19    accordance with Ill. Adm. Code 1000.460(g)(1); and
20        (5) any other information the Department of
21    Agriculture deems relevant.
22    (g) The Department of Agriculture may only issue an infuser
23infusing organization a processor license if, based on the
24information pursuant to subsection (f) and any other criteria
25set by the Department of Agriculture, which may include but not
26be limited an inspection of the site where processing would

 

 

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1occur, the Department of Agriculture is reasonably certain the
2infuser infusing organization will process cannabis in a safe
3and compliant manner.
4(Source: P.A. 101-27, eff. 6-25-19.)
 
5    (410 ILCS 705/40-5)
6    Sec. 40-5. Issuance of licenses.
7    (a) The Department shall issue transporting licenses
8through a process provided for in this Article no later than
9July 1, 2020.
10    (b) The Department shall make the application for
11transporting organization licenses available on January 7,
122020 and shall receive such applications no later than March
1315, 2020. The Thereafter, the Department of Agriculture shall
14make available such applications on every January 7 thereafter
15or if that date falls on a weekend or holiday, the business day
16immediately succeeding the weekend or holiday and shall receive
17such applications no later than March 15 or the succeeding
18business day thereafter.
19(Source: P.A. 101-27, eff. 6-25-19.)
 
20    (410 ILCS 705/40-10)
21    Sec. 40-10. Application.
22    (a) When applying for a transporting organization license,
23the applicant shall electronically submit the following in such
24form as the Department of Agriculture may direct:

 

 

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1        (1) the nonrefundable application fee of $5,000 or,
2    after January 1, 2021, another amount as set by rule by the
3    Department of Agriculture, to be deposited into the
4    Cannabis Regulation Fund;
5        (2) the legal name of the transporting organization;
6        (3) the proposed physical address of the transporting
7    organization, if one is proposed;
8        (4) the name, address, social security number, and date
9    of birth of each principal officer and board member of the
10    transporting organization; each principal officer and
11    board member shall be at least 21 years of age;
12        (5) the details of any administrative or judicial
13    proceeding in which any of the principal officers or board
14    members of the transporting organization (i) pled guilty,
15    were convicted, fined, or had a registration or license
16    suspended or revoked, or (ii) managed or served on the
17    board of a business or non-profit organization that pled
18    guilty, was convicted, fined, or had a registration or
19    license suspended or revoked;
20        (6) proposed operating bylaws that include procedures
21    for the oversight of the transporting organization,
22    including the development and implementation of an
23    accurate recordkeeping plan, staffing plan, and security
24    plan approved by the Department of State Police that are in
25    accordance with the rules issued by the Department of
26    Agriculture under this Act; a physical inventory shall be

 

 

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1    performed of all cannabis on a weekly basis by the
2    transporting organization;
3        (7) verification from the Department of State Police
4    that all background checks of the prospective principal
5    officers, board members, and agents of the transporting
6    organization have been conducted;
7        (8) a copy of the current local zoning ordinance or
8    permit and verification that the proposed transporting
9    organization is in compliance with the local zoning rules
10    and distance limitations established by the local
11    jurisdiction, if the transporting organization has a
12    business address;
13        (9) proposed employment practices, in which the
14    applicant must demonstrate a plan of action to inform,
15    hire, and educate minorities, women, veterans, and persons
16    with disabilities, engage in fair labor practices, and
17    provide worker protections;
18        (10) whether an applicant can demonstrate experience
19    in or business practices that promote economic empowerment
20    in Disproportionately Impacted Areas;
21        (11) the number and type of equipment the transporting
22    organization will use to transport cannabis and
23    cannabis-infused products;
24        (12) loading, transporting, and unloading plans;
25        (13) a description of the applicant's experience in the
26    distribution or security business;

 

 

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1        (14) the identity of every person having a financial or
2    voting interest of 5% or more in the transporting
3    organization with respect to which the license is sought,
4    whether a trust, corporation, partnership, limited
5    liability company, or sole proprietorship, including the
6    name and address of each person; and
7        (15) any other information required by rule.
8    (b) Applicants must submit all required information,
9including the information required in Section 40-35 to the
10Department. Failure by an applicant to submit all required
11information may result in the application being disqualified.
12    (c) If the Department receives an application with missing
13information, the Department of Agriculture may issue a
14deficiency notice to the applicant. The applicant shall have 10
15calendar days from the date of the deficiency notice to
16resubmit the incomplete information. Applications that are
17still incomplete after this opportunity to cure will not be
18scored and will be disqualified.
19(Source: P.A. 101-27, eff. 6-25-19.)
 
20    (410 ILCS 705/40-15)
21    Sec. 40-15. Issuing licenses.
22    (a) The Department of Agriculture shall by rule develop a
23system to score transporter applications to administratively
24rank applications based on the clarity, organization, and
25quality of the applicant's responses to required information.

 

 

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1Applicants shall be awarded points based on the following
2categories:
3        (1) suitability of employee training plan;
4        (2) security and recordkeeping plan;
5        (3) business plan;
6        (4) the applicant's status as a Social Equity
7    Applicant, which shall constitute no less than 20% of total
8    available points;
9        (5) labor and employment practices, which shall
10    constitute no less than 2% of total available points;
11        (6) environmental plan that demonstrates an
12    environmental plan of action to minimize the carbon
13    footprint, environmental impact, and resource needs for
14    the transporter, which may include, without limitation,
15    recycling cannabis product packaging;
16        (7) the applicant is 51% or more owned and controlled
17    by an individual or individuals who have been an Illinois
18    resident for the past 5 years as proved by tax records or 2
19    of the following: ;
20            (A) a signed lease agreement that includes the
21        applicant's name;
22            (B) a property deed that includes the applicant's
23        name;
24            (C) school records;
25            (D) a voter registration card;
26            (E) an Illinois driver's license, an Illinois

 

 

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1        Identification Card, or an Illinois Person with a
2        Disability Identification Card;
3            (F) a paycheck stub;
4            (G) a utility bill; or
5            (H) any other proof of residency or other
6        information necessary to establish residence as
7        provided by rule;
8        (8) the applicant is 51% or more controlled and owned
9    by an individual or individuals who meet the qualifications
10    of a veteran as defined by Section 45-57 of the Illinois
11    Procurement Code;
12        (9) a diversity plan that includes a narrative of not
13    more than 2,500 words that establishes a goal of diversity
14    in ownership, management, employment, and contracting to
15    ensure that diverse participants and groups are afforded
16    equality of opportunity; and
17        (10) any other criteria the Department of Agriculture
18    may set by rule for points.
19    (b) The Department may also award up to 2 bonus points for
20the applicant's plan to engage with the community. The
21applicant may demonstrate a desire to engage with its community
22by participating in one or more of, but not limited to, the
23following actions: (i) establishment of an incubator program
24designed to increase participation in the cannabis industry by
25persons who would qualify as Social Equity Applicants; (ii)
26providing financial assistance to substance abuse treatment

 

 

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1centers; (iii) educating children and teens about the potential
2harms of cannabis use; or (iv) other measures demonstrating a
3commitment to the applicant's community. Bonus points will only
4be awarded if the Department receives applications that receive
5an equal score for a particular region.
6    (c) Applicants for transporting transportation
7organization licenses that score at least 75% 85% of the
8available points according to the system developed by rule and
9meet all other requirements for a transporter license shall be
10issued a license by the Department of Agriculture within 60
11days of receiving the application. Applicants that were
12registered as medical cannabis cultivation centers prior to
13January 1, 2020 and who meet all other requirements for a
14transporter license shall be issued a license by the Department
15of Agriculture within 60 days of receiving the application.
16    (d) Should the applicant be awarded a transporting
17transportation organization license, the information and plans
18that an applicant provided in its application, including any
19plans submitted for the acquiring of bonus points, shall be a
20mandatory condition of the permit. Any variation from or
21failure to perform such plans may result in discipline,
22including the revocation or nonrenewal of a license.
23    (e) Should the applicant be awarded a transporting
24organization license, the applicant shall pay a prorated fee of
25$10,000 prior to receiving the license, to be deposited into
26the Cannabis Regulation Fund. The Department of Agriculture may

 

 

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1by rule adjust the fee in this Section after January 1, 2021.
2(Source: P.A. 101-27, eff. 6-25-19.)
 
3    (410 ILCS 705/40-20)
4    Sec. 40-20. Denial of application. An application for a
5transporting transportation organization license shall be
6denied if any of the following conditions are met:
7        (1) the applicant failed to submit the materials
8    required by this Article;
9        (2) the applicant would not be in compliance with local
10    zoning rules or permit requirements;
11        (3) one or more of the prospective principal officers
12    or board members causes a violation of Section 40-25;
13        (4) one or more of the principal officers or board
14    members is under 21 years of age;
15        (5) the person has submitted an application for a
16    license under this Act that contains false information; or
17        (6) the licensee, principal officer, board member, or
18    person having a financial or voting interest of 5% or
19    greater in the licensee is delinquent in filing any
20    required tax returns or paying any amounts owed to the
21    State of Illinois.
22(Source: P.A. 101-27, eff. 6-25-19.)
 
23    (410 ILCS 705/40-25)
24    Sec. 40-25. Transporting organization requirements;

 

 

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1prohibitions.
2    (a) The operating documents of a transporting organization
3shall include procedures for the oversight of the transporter,
4an inventory monitoring system including a physical inventory
5recorded weekly, accurate recordkeeping, and a staffing plan.
6    (b) A transporting organization may not transport cannabis
7or cannabis-infused products to any person other than a
8cultivation center, a craft grower, an infuser organization, a
9dispensing organization, a testing facility, or as otherwise
10authorized by rule.
11    (c) All cannabis transported by a transporting
12organization must be entered into a data collection system and
13placed into a cannabis container for transport.
14    (d) Transporters are subject to random inspections by the
15Department of Agriculture, the Department of Public Health, and
16the Department of State Police.
17    (e) A transporting organization agent shall notify local
18law enforcement, the Department of State Police, and the
19Department of Agriculture within 24 hours of the discovery of
20any loss or theft. Notification shall be made by phone, in
21person, or by written or electronic communication.
22    (f) No person under the age of 21 years shall be in a
23commercial vehicle or trailer transporting cannabis goods.
24    (g) No person or individual who is not a transporting
25organization agent shall be in a vehicle while transporting
26cannabis goods.

 

 

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1    (h) Transporters may not use commercial motor vehicles with
2a weight rating of over 10,001 pounds.
3    (i) It is unlawful for any person to offer or deliver
4money, or anything else of value, directly or indirectly, to
5any of the following persons to obtain preferential placement
6within the dispensing organization, including, without
7limitation, on shelves and in display cases where purchasers
8can view products, or on the dispensing organization's website:
9        (1) a person having a transporting organization
10    license, or any officer, associate, member,
11    representative, or agent of the licensee;
12        (2) a person having an Early Applicant Adult Use
13    Dispensing Organization License, an Adult Use Dispensing
14    Organization License, or a medical cannabis dispensing
15    organization license issued under the Compassionate Use of
16    Medical Cannabis Pilot Program Act;
17        (3) a person connected with or in any way representing,
18    or a member of the family of, a person holding an Early
19    Applicant Adult Use Dispensing Organization License, an
20    Adult Use Dispensing Organization License, or a medical
21    cannabis dispensing organization license issued under the
22    Compassionate Use of Medical Cannabis Pilot Program Act; or
23        (4) a stockholder, officer, manager, agent, or
24    representative of a corporation engaged in the retail sale
25    of cannabis, an Early Applicant Adult Use Dispensing
26    Organization License, an Adult Use Dispensing Organization

 

 

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1    License, or a medical cannabis dispensing organization
2    license issued under the Compassionate Use of Medical
3    Cannabis Pilot Program Act.
4    (j) A transporting transportation organization agent must
5keep his or her identification card visible at all times when
6on the property of a cannabis business establishment and during
7the transporting transportation of cannabis when acting under
8his or her duties as a transportation organization agent.
9During these times, the transporting transporter organization
10agent must also provide the identification card upon request of
11any law enforcement officer engaged in his or her official
12duties.
13    (k) A copy of the transporting organization's registration
14and a manifest for the delivery shall be present in any vehicle
15transporting cannabis.
16    (l) Cannabis shall be transported so it is not visible or
17recognizable from outside the vehicle.
18    (m) A vehicle transporting cannabis must not bear any
19markings to indicate the vehicle contains cannabis or bear the
20name or logo of the cannabis business establishment.
21    (n) Cannabis must be transported in an enclosed, locked
22storage compartment that is secured or affixed to the vehicle.
23    (o) The Department of Agriculture may, by rule, impose any
24other requirements or prohibitions on the transportation of
25cannabis.
26(Source: P.A. 101-27, eff. 6-25-19.)
 

 

 

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1    (410 ILCS 705/40-30)
2    Sec. 40-30. Transporting agent identification card.
3    (a) The Department of Agriculture shall:
4        (1) establish by rule the information required in an
5    initial application or renewal application for an agent
6    identification card submitted under this Act and the
7    nonrefundable fee to accompany the initial application or
8    renewal application;
9        (2) verify the information contained in an initial
10    application or renewal application for an agent
11    identification card submitted under this Act and approve or
12    deny an application within 30 days of receiving a completed
13    initial application or renewal application and all
14    supporting documentation required by rule;
15        (3) issue an agent identification card to a qualifying
16    agent within 15 business days of approving the initial
17    application or renewal application;
18        (4) enter the license number of the transporting
19    organization where the agent works; and
20        (5) allow for an electronic initial application and
21    renewal application process, and provide a confirmation by
22    electronic or other methods that an application has been
23    submitted. The Department of Agriculture may by rule
24    require prospective agents to file their applications by
25    electronic means and provide notices to the agents by

 

 

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1    electronic means.
2    (b) An agent must keep his or her identification card
3visible at all times when on the property of a cannabis
4business establishment, including the cannabis business
5establishment for which he or she is an agent.
6    (c) The agent identification cards shall contain the
7following:
8        (1) the name of the cardholder;
9        (2) the date of issuance and expiration date of the
10    identification card;
11        (3) a random 10-digit alphanumeric identification
12    number containing at least 4 numbers and at least 4 letters
13    that is unique to the holder;
14        (4) a photograph of the cardholder; and
15        (5) the legal name of the transporting transporter
16    organization employing the agent.
17    (d) An agent identification card shall be immediately
18returned to the transporting transporter organization of the
19agent upon termination of his or her employment.
20    (e) Any agent identification card lost by a transporting
21agent shall be reported to the Department of State Police and
22the Department of Agriculture immediately upon discovery of the
23loss.
24    (f) An application for an agent identification card shall
25be denied if the applicant is delinquent in filing any required
26tax returns or paying any amounts owed to the State of

 

 

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1Illinois.
2(Source: P.A. 101-27, eff. 6-25-19.)
 
3    (410 ILCS 705/40-35)
4    Sec. 40-35. Transporting organization background checks.
5    (a) Through the Department of State Police, the Department
6of Agriculture shall conduct a background check of the
7prospective principal officers, board members, and agents of a
8transporter applying for a license or identification card under
9this Act. The Department of State Police shall charge a fee set
10by rule for conducting the criminal history record check, which
11shall be deposited into the State Police Services Fund and
12shall not exceed the actual cost of the record check. In order
13to carry out this provision, each transporting transporter
14organization's prospective principal officer, board member, or
15agent shall submit a full set of fingerprints to the Department
16of State Police for the purpose of obtaining a State and
17federal criminal records check. These fingerprints shall be
18checked against the fingerprint records now and hereafter, to
19the extent allowed by law, filed in the Department of State
20Police and Federal Bureau of Investigation criminal history
21records databases. The Department of State Police shall
22furnish, following positive identification, all conviction
23information to the Department of Agriculture.
24    (b) When applying for the initial license or identification
25card, the background checks for all prospective principal

 

 

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1officers, board members, and agents shall be completed before
2submitting the application to the Department of Agriculture.
3(Source: P.A. 101-27, eff. 6-25-19.)
 
4    (410 ILCS 705/40-40)
5    Sec. 40-40. Renewal of transporting organization licenses
6and agent identification cards.
7    (a) Licenses and identification cards issued under this Act
8shall be renewed annually. A transporting organization shall
9receive written or electronic notice 90 days before the
10expiration of its current license that the license will expire.
11The Department of Agriculture shall grant a renewal within 45
12days of submission of a renewal application if:
13        (1) the transporting organization submits a renewal
14    application and the required nonrefundable renewal fee of
15    $10,000, or after January 1, 2021, another amount set by
16    rule by the Department of Agriculture, to be deposited into
17    the Cannabis Regulation Fund;
18        (2) the Department of Agriculture has not suspended or
19    revoked the license of the transporting organization for
20    violating this Act or rules adopted under this Act;
21        (3) the transporting organization has continued to
22    operate in accordance with all plans submitted as part of
23    its application and approved by the Department of
24    Agriculture or any amendments thereto that have been
25    approved by the Department of Agriculture; and

 

 

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1        (4) the transporter has submitted an agent, employee,
2    contracting, and subcontracting diversity report as
3    required by the Department.
4    (b) If a transporting organization fails to renew its
5license before expiration, it shall cease operations until its
6license is renewed.
7    (c) If a transporting organization agent fails to renew his
8or her identification card before its expiration, he or she
9shall cease to work as an agent of the transporting transporter
10organization until his or her identification card is renewed.
11    (d) Any transporting organization that continues to
12operate, or any transporting organization agent who continues
13to work as an agent, after the applicable license or
14identification card has expired without renewal is subject to
15the penalties provided under Section 45-5.
16    (e) The Department shall not renew a license or an agent
17identification card if the applicant is delinquent in filing
18any required tax returns or paying any amounts owed to the
19State of Illinois.
20(Source: P.A. 101-27, eff. 6-25-19.)
 
21    (410 ILCS 705/45-5)
22    Sec. 45-5. License suspension; revocation; other
23penalties.
24    (a) Notwithstanding any other criminal penalties related
25to the unlawful possession of cannabis, the Department of

 

 

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1Financial and Professional Regulation and the Department of
2Agriculture may revoke, suspend, place on probation,
3reprimand, issue cease and desist orders, refuse to issue or
4renew a license, or take any other disciplinary or
5nondisciplinary action as each department may deem proper with
6regard to a cannabis business establishment or cannabis
7business establishment agent, including fines not to exceed:
8        (1) $50,000 for each violation of this Act or rules
9    adopted under this Act by a cultivation center or
10    cultivation center agent;
11        (2) $20,000 $10,000 for each violation of this Act or
12    rules adopted under this Act by a dispensing organization
13    or dispensing organization agent;
14        (3) $15,000 for each violation of this Act or rules
15    adopted under this Act by a craft grower or craft grower
16    agent;
17        (4) $10,000 for each violation of this Act or rules
18    adopted under this Act by an infuser organization or
19    infuser organization agent; and
20        (5) $10,000 for each violation of this Act or rules
21    adopted under this Act by a transporting organization or
22    transporting organization agent.
23    (b) The Department of Financial and Professional
24Regulation and the Department of Agriculture, as the case may
25be, shall consider licensee cooperation in any agency or other
26investigation in its determination of penalties imposed under

 

 

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1this Section.
2    (c) The procedures for disciplining a cannabis business
3establishment or cannabis business establishment agent and for
4administrative hearings shall be determined by rule, and shall
5provide for the review of final decisions under the
6Administrative Review Law.
7    (d) The Attorney General may also enforce a violation of
8Section 55-20, Section 55-21, and Section 15-155 as an unlawful
9practice under the Consumer Fraud and Deceptive Business
10Practices Act.
11(Source: P.A. 101-27, eff. 6-25-19.)
 
12    (410 ILCS 705/50-5)
13    Sec. 50-5. Laboratory testing.
14    (a) Notwithstanding any other provision of law, the
15following acts, when performed by a cannabis testing facility
16with a current, valid registration, or a person 21 years of age
17or older who is acting in his or her capacity as an owner,
18employee, or agent of a cannabis testing facility, are not
19unlawful and shall not be an offense under Illinois law or be a
20basis for seizure or forfeiture of assets under Illinois law:
21        (1) possessing, repackaging, transporting, storing, or
22    displaying cannabis or cannabis-infused products;
23        (2) receiving or transporting cannabis or
24    cannabis-infused products from a cannabis business
25    establishment, a community college licensed under the

 

 

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1    Community College Cannabis Vocational Training Pilot
2    Program, or a person 21 years of age or older; and
3        (3) returning or transporting cannabis or
4    cannabis-infused products to a cannabis business
5    establishment, a community college licensed under the
6    Community College Cannabis Vocational Training Pilot
7    Program, or a person 21 years of age or older.
8    (b)(1) No laboratory shall handle, test, or analyze
9cannabis unless approved by the Department of Agriculture in
10accordance with this Section.
11    (2) No laboratory shall be approved to handle, test, or
12analyze cannabis unless the laboratory:
13        (A) is accredited by a private laboratory accrediting
14    organization;
15        (B) is independent from all other persons involved in
16    the cannabis industry in Illinois and no person with a
17    direct or indirect interest in the laboratory has a direct
18    or indirect financial, management, or other interest in an
19    Illinois cultivation center, craft grower, dispensary,
20    infuser, transporter, certifying physician, or any other
21    entity in the State that may benefit from the production,
22    manufacture, dispensing, sale, purchase, or use of
23    cannabis; and
24        (C) has employed at least one person to oversee and be
25    responsible for the laboratory testing who has earned, from
26    a college or university accredited by a national or

 

 

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1    regional certifying authority, at least:
2            (i) a master's level degree in chemical or
3        biological sciences and a minimum of 2 years'
4        post-degree laboratory experience; or
5            (ii) a bachelor's degree in chemical or biological
6        sciences and a minimum of 4 years' post-degree
7        laboratory experience.
8    (3) Each independent testing laboratory that claims to be
9accredited must provide the Department of Agriculture with a
10copy of the most recent annual inspection report granting
11accreditation and every annual report thereafter.
12    (c) Immediately before manufacturing or natural processing
13of any cannabis or cannabis-infused product or packaging
14cannabis for sale to a dispensary, each batch shall be made
15available by the cultivation center, craft grower, or infuser
16for an employee of an approved laboratory to select a random
17sample, which shall be tested by the approved laboratory for:
18        (1) microbiological contaminants;
19        (2) mycotoxins;
20        (3) pesticide active ingredients;
21        (4) residual solvent; and
22        (5) an active ingredient analysis.
23    (d) The Department of Agriculture may select a random
24sample that shall, for the purposes of conducting an active
25ingredient analysis, be tested by the Department of Agriculture
26for verification of label information.

 

 

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1    (e) A laboratory shall immediately return or dispose of any
2cannabis upon the completion of any testing, use, or research.
3If cannabis is disposed of, it shall be done in compliance with
4Department of Agriculture rule.
5    (f) If a sample of cannabis does not pass the
6microbiological, mycotoxin, pesticide chemical residue, or
7solvent residue test, based on the standards established by the
8Department of Agriculture, the following shall apply:
9        (1) If the sample failed the pesticide chemical residue
10    test, the entire batch from which the sample was taken
11    shall, if applicable, be recalled as provided by rule.
12        (2) If the sample failed any other test, the batch may
13    be used to make a CO2-based or solvent based extract. After
14    processing, the CO2-based or solvent based extract must
15    still pass all required tests.
16    (g) The Department of Agriculture shall establish
17standards for microbial, mycotoxin, pesticide residue, solvent
18residue, or other standards for the presence of possible
19contaminants, in addition to labeling requirements for
20contents and potency.
21    (h) The laboratory shall file with the Department of
22Agriculture an electronic copy of each laboratory test result
23for any batch that does not pass the microbiological,
24mycotoxin, or pesticide chemical residue test, at the same time
25that it transmits those results to the cultivation center. In
26addition, the laboratory shall maintain the laboratory test

 

 

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1results for at least 5 years and make them available at the
2Department of Agriculture's request.
3    (i) A cultivation center, craft grower, and infuser shall
4provide to a dispensing organization the laboratory test
5results for each batch of cannabis product purchased by the
6dispensing organization, if sampled. Each dispensing
7dispensary organization must have those laboratory results
8available upon request to purchasers.
9    (j) The Department of Agriculture may adopt rules related
10to testing in furtherance of this Act.
11(Source: P.A. 101-27, eff. 6-25-19.)
 
12    (410 ILCS 705/55-10)
13    Sec. 55-10. Maintenance of inventory. All dispensing
14organizations authorized to serve both registered qualifying
15patients and caregivers and purchasers are required to report
16which cannabis and cannabis-infused products are purchased for
17sale under the Compassionate Use of Medical Cannabis Pilot
18Program Act, and which cannabis and cannabis-infused products
19are purchased under this Act. Nothing in this Section prohibits
20a registered qualifying patient under the Compassionate Use of
21Medical Cannabis Pilot Program Act from purchasing cannabis as
22a purchaser under this Act.
23(Source: P.A. 101-27, eff. 6-25-19.)
 
24    (410 ILCS 705/55-20)

 

 

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1    Sec. 55-20. Advertising and promotions.
2    (a) No cannabis business establishment nor any other person
3or entity shall engage in advertising that contains any
4statement or illustration that:
5        (1) is false or misleading;
6        (2) promotes overconsumption of cannabis or cannabis
7    products;
8        (3) depicts the actual consumption of cannabis or
9    cannabis products;
10        (4) depicts a person under 21 years of age consuming
11    cannabis;
12        (5) makes any health, medicinal, or therapeutic claims
13    about cannabis or cannabis-infused products;
14        (6) includes the image of a cannabis leaf or bud; or
15        (7) includes any image designed or likely to appeal to
16    minors, including cartoons, toys, animals, or children, or
17    any other likeness to images, characters, or phrases that
18    is designed in any manner to be appealing to or encourage
19    consumption by of persons under 21 years of age.
20    (b) No cannabis business establishment nor any other person
21or entity shall place or maintain, or cause to be placed or
22maintained, an advertisement of cannabis or a cannabis-infused
23product in any form or through any medium:
24        (1) within 1,000 feet of the perimeter of school
25    grounds, a playground, a recreation center or facility, a
26    child care center, a public park or public library, or a

 

 

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1    game arcade to which admission is not restricted to persons
2    21 years of age or older;
3        (2) on or in a public transit vehicle or public transit
4    shelter;
5        (3) on or in publicly owned or publicly operated
6    property; or
7        (4) that contains information that:
8            (A) is false or misleading;
9            (B) promotes excessive consumption;
10            (C) depicts a person under 21 years of age
11        consuming cannabis;
12            (D) includes the image of a cannabis leaf; or
13            (E) includes any image designed or likely to appeal
14        to minors, including cartoons, toys, animals, or
15        children, or any other likeness to images, characters,
16        or phrases that are popularly used to advertise to
17        children, or any imitation of candy packaging or
18        labeling, or that promotes consumption of cannabis.
19    (c) Subsections (a) and (b) do not apply to an educational
20message.
21    (d) Sales promotions. No cannabis business establishment
22nor any other person or entity may encourage the sale of
23cannabis or cannabis products by giving away cannabis or
24cannabis products, by conducting games or competitions related
25to the consumption of cannabis or cannabis products, or by
26providing promotional materials or activities of a manner or

 

 

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1type that would be appealing to children.
2(Source: P.A. 101-27, eff. 6-25-19.)
 
3    (410 ILCS 705/55-21)
4    Sec. 55-21. Cannabis product packaging and labeling.
5    (a) Each cannabis product produced for sale shall be
6registered with the Department of Agriculture on forms provided
7by the Department of Agriculture. Each product registration
8shall include a label and the required registration fee at the
9rate established by the Department of Agriculture for a
10comparable medical cannabis product, or as established by rule.
11The registration fee is for the name of the product offered for
12sale and one fee shall be sufficient for all package sizes.
13    (b) All harvested cannabis intended for distribution to a
14cannabis enterprise must be packaged in a sealed, labeled
15container.
16    (c) Any product containing cannabis shall be packaged in a
17sealed, odor-proof, and child-resistant cannabis container
18consistent with current standards, including the Consumer
19Product Safety Commission standards referenced by the Poison
20Prevention Act.
21    (d) All cannabis-infused products shall be individually
22wrapped or packaged at the original point of preparation. The
23packaging of the cannabis-infused product shall conform to the
24labeling requirements of the Illinois Food, Drug and Cosmetic
25Act, in addition to the other requirements set forth in this

 

 

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1Section.
2    (e) Each cannabis product shall be labeled before sale and
3each label shall be securely affixed to the package and shall
4state in legible English and any languages required by the
5Department of Agriculture:
6        (1) the name and post office box of the registered
7    cultivation center or craft grower where the item was
8    manufactured;
9        (2) the common or usual name of the item and the
10    registered name of the cannabis product that was registered
11    with the Department of Agriculture under subsection (a);
12        (3) a unique serial number that will match the product
13    with a cultivation center or craft grower batch and lot
14    number to facilitate any warnings or recalls the Department
15    of Agriculture, cultivation center, or craft grower deems
16    appropriate;
17        (4) the date of final testing and packaging, if
18    sampled, and the identification of the independent testing
19    laboratory;
20        (5) the date of harvest and "use by" date;
21        (6) the quantity (in ounces or grams) of cannabis
22    contained in the product;
23        (7) a pass/fail rating based on the laboratory's
24    microbiological, mycotoxins, and pesticide and solvent
25    residue analyses, if sampled; .
26        (8) content list.

 

 

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1            (A) A list of the following, including the minimum
2        and maximum percentage content by weight for
3        subdivisions (e) (d)(8)(A)(i) through (iv):
4                (i) delta-9-tetrahydrocannabinol (THC);
5                (ii) tetrahydrocannabinolic acid (THCA);
6                (iii) cannabidiol (CBD);
7                (iv) cannabidiolic acid (CBDA); and
8                (v) all other ingredients of the item,
9            including any colors, artificial flavors, and
10            preservatives, listed in descending order by
11            predominance of weight shown with common or usual
12            names.
13            (B) The acceptable tolerances for the minimum
14        percentage printed on the label for any of subdivisions
15        (e) (d)(8)(A)(i) through (iv) shall not be below 85% or
16        above 115% of the labeled amount. ;
17    (f) Packaging must not contain information that:
18        (1) is false or misleading;
19        (2) promotes excessive consumption;
20        (3) depicts a person under 21 years of age consuming
21    cannabis;
22        (4) includes the image of a cannabis leaf;
23        (5) includes any image designed or likely to appeal to
24    minors, including cartoons, toys, animals, or children, or
25    any other likeness to images, characters, or phrases that
26    are popularly used to advertise to children, or any

 

 

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1    packaging or labeling that bears reasonable resemblance to
2    any product available for consumption as a commercially
3    available candy, or that promotes consumption of cannabis;
4        (6) contains any seal, flag, crest, coat of arms, or
5    other insignia likely to mislead the purchaser to believe
6    that the product has been endorsed, made, or used by the
7    State of Illinois or any of its representatives except
8    where authorized by this Act.
9    (g) Cannabis products produced by concentrating or
10extracting ingredients from the cannabis plant shall contain
11the following information, where applicable:
12        (1) If solvents were used to create the concentrate or
13    extract, a statement that discloses the type of extraction
14    method, including any solvents or gases used to create the
15    concentrate or extract; and
16        (2) Any other chemicals or compounds used to produce or
17    were added to the concentrate or extract.
18    (h) All cannabis products must contain warning statements
19established for purchasers, of a size that is legible and
20readily visible to a consumer inspecting a package, which may
21not be covered or obscured in any way. The Department of Public
22Health shall define and update appropriate health warnings for
23packages including specific labeling or warning requirements
24for specific cannabis products.
25    (i) Unless modified by rule to strengthen or respond to new
26evidence and science, the following warnings shall apply to all

 

 

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1cannabis products unless modified by rule: "This product
2contains cannabis and is intended for use by adults 21 and
3over. Its use can impair cognition and may be habit forming.
4This product should not be used by pregnant or breastfeeding
5women. It is unlawful to sell or provide this item to any
6individual, and it may not be transported outside the State of
7Illinois. It is illegal to operate a motor vehicle while under
8the influence of cannabis. Possession or use of this product
9may carry significant legal penalties in some jurisdictions and
10under federal law.".
11    (j) Warnings for each of the following product types must
12be present on labels when offered for sale to a purchaser:
13        (1) Cannabis that may be smoked must contain a
14    statement that "Smoking is hazardous to your health.".
15        (2) Cannabis-infused products (other than those
16    intended for topical application) must contain a statement
17    "CAUTION: This product contains cannabis, and intoxication
18    following use may be delayed 2 or more hours. This product
19    was produced in a facility that cultivates cannabis, and
20    that may also process common food allergens.".
21        (3) Cannabis-infused products intended for topical
22    application must contain a statement "DO NOT EAT" in bold,
23    capital letters.
24    (k) Each cannabis-infused product intended for consumption
25must be individually packaged, must include the total milligram
26content of THC and CBD, and may not include more than a total

 

 

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1of 100 milligrams of THC per package. A package may contain
2multiple servings of 10 milligrams of THC, and indicated by
3scoring, wrapping, or by other indicators designating
4individual serving sizes. The Department of Agriculture may
5change the total amount of THC allowed for each package, or the
6total amount of THC allowed for each serving size, by rule.
7    (l) No individual other than the purchaser may alter or
8destroy any labeling affixed to the primary packaging of
9cannabis or cannabis-infused products.
10    (m) For each commercial weighing and measuring device used
11at a facility, the cultivation center or craft grower must:
12        (1) Ensure that the commercial device is licensed under
13    the Weights and Measures Act and the associated
14    administrative rules (8 Ill. Adm. Code 600);
15        (2) Maintain documentation of the licensure of the
16    commercial device; and
17        (3) Provide a copy of the license of the commercial
18    device to the Department of Agriculture for review upon
19    request.
20    (n) It is the responsibility of the Department to ensure
21that packaging and labeling requirements, including product
22warnings, are enforced at all times for products provided to
23purchasers. Product registration requirements and container
24requirements may be modified by rule by the Department of
25Agriculture.
26    (o) Labeling, including warning labels, may be modified by

 

 

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1rule by the Department of Agriculture.
2(Source: P.A. 101-27, eff. 6-25-19; revised 8-30-19.)
 
3    (410 ILCS 705/55-25)
4    Sec. 55-25. Local ordinances. Unless otherwise provided
5under this Act or otherwise in accordance with State law:
6        (1) A unit of local government, including a home rule
7    unit or any non-home rule county within the unincorporated
8    territory of the county, may enact reasonable zoning
9    ordinances or resolutions, not in conflict with this Act or
10    rules adopted pursuant to this Act, regulating cannabis
11    business establishments. No unit of local government,
12    including a home rule unit or any non-home rule county
13    within the unincorporated territory of the county, may
14    prohibit home cultivation or unreasonably prohibit use of
15    cannabis authorized by this Act.
16        (2) A unit of local government, including a home rule
17    unit or any non-home rule county within the unincorporated
18    territory of the county, may enact ordinances or rules not
19    in conflict with this Act or with rules adopted pursuant to
20    this Act governing the time, place, manner, and number of
21    cannabis business establishment operations, including
22    minimum distance limitations between cannabis business
23    establishments and locations it deems sensitive, including
24    colleges and universities, through the use of conditional
25    use permits. A unit of local government, including a home

 

 

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1    rule unit, may establish civil penalties for violation of
2    an ordinance or rules governing the time, place, and manner
3    of operation of a cannabis business establishment or a
4    conditional use permit in the jurisdiction of the unit of
5    local government. No unit of local government, including a
6    home rule unit or non-home rule county within an
7    unincorporated territory of the county, may unreasonably
8    restrict the time, place, manner, and number of cannabis
9    business establishment operations authorized by this Act.
10        (3) A unit of local government, including a home rule
11    unit, or any non-home rule county within the unincorporated
12    territory of the county may authorize or permit the
13    on-premises consumption of cannabis at or in a dispensing
14    organization or retail tobacco store (as defined in Section
15    10 of the Smoke Free Illinois Act) within its jurisdiction
16    in a manner consistent with this Act. A dispensing
17    organization or retail tobacco store regulate the
18    on-premises consumption of cannabis at or in a cannabis
19    business establishment within its jurisdiction in a manner
20    consistent with this Act. A cannabis business
21    establishment or other entity authorized or permitted by a
22    unit of local government to allow on-site consumption shall
23    not be deemed a public place within the meaning of the
24    Smoke Free Illinois Act.
25        (4) A unit of local government, including a home rule
26    unit or any non-home rule county within the unincorporated

 

 

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1    territory of the county, may not regulate the activities
2    described in paragraph (1), (2), or (3) in a manner more
3    restrictive than the regulation of those activities by the
4    State under this Act. This Section is a limitation under
5    subsection (i) of Section 6 of Article VII of the Illinois
6    Constitution on the concurrent exercise by home rule units
7    of powers and functions exercised by the State.
8        (5) A unit of local government, including a home rule
9    unit or any non-home rule county within the unincorporated
10    territory of the county, may enact ordinances to prohibit
11    or significantly limit a cannabis business establishment's
12    location.
13(Source: P.A. 101-27, eff. 6-25-19.)
 
14    (410 ILCS 705/55-28)
15    Sec. 55-28. Restricted cannabis zones.
16    (a) As used in this Section:
17    "Legal voter" means a person:
18        (1) who is duly registered to vote in a municipality
19    with a population of over 500,000;
20        (2) whose name appears on a poll list compiled by the
21    city board of election commissioners since the last
22    preceding election, regardless of whether the election was
23    a primary, general, or special election;
24        (3) who, at the relevant time, is a resident of the
25    address at which he or she is registered to vote; and

 

 

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1        (4) whose address, at the relevant time, is located in
2    the precinct where such person seeks to file a notice of
3    intent to initiate a petition process, circulate a
4    petition, or sign a petition under this Section.
5    As used in the definition of "legal voter", "relevant time"
6means any time that:
7        (i) a notice of intent is filed, pursuant to subsection
8    (c) of this Section, to initiate the petition process under
9    this Section;
10        (ii) the petition is circulated for signature in the
11    applicable precinct; or
12        (iii) the petition is signed by registered voters in
13    the applicable precinct.
14    "Petition" means the petition described in this Section.
15    "Precinct" means the smallest constituent territory within
16a municipality with a population of over 500,000 in which
17electors vote as a unit at the same polling place in any
18election governed by the Election Code.
19    "Restricted cannabis zone" means a precinct within which
20home cultivation, one or more types of cannabis business
21establishments, or both has been prohibited pursuant to an
22ordinance initiated by a petition under this Section.
23    (b) The legal voters of any precinct within a municipality
24with a population of over 500,000 may petition their local
25alderman, using a petition form made available online by the
26city clerk, to introduce an ordinance establishing the precinct

 

 

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1as a restricted zone. Such petition shall specify whether it
2seeks an ordinance to prohibit, within the precinct: (i) home
3cultivation; (ii) one or more types of cannabis business
4establishments; or (iii) home cultivation and one or more types
5of cannabis business establishments.
6    Upon receiving a petition containing the signatures of at
7least 25% of the registered voters of the precinct, and
8concluding that the petition is legally sufficient following
9the posting and review process in subsection (c) of this
10Section, the city clerk shall notify the local alderman of the
11ward in which the precinct is located. Upon being notified,
12that alderman, following an assessment of relevant factors
13within the precinct, including but not limited to, its
14geography, density and character, the prevalence of
15residentially zoned property, current licensed cannabis
16business establishments in the precinct, the current amount of
17home cultivation in the precinct, and the prevailing viewpoint
18with regard to the issue raised in the petition, may introduce
19an ordinance to the municipality's governing body creating a
20restricted cannabis zone in that precinct.
21    (c) A person seeking to initiate the petition process
22described in this Section shall first submit to the city clerk
23notice of intent to do so, on a form made available online by
24the city clerk. That notice shall include a description of the
25potentially affected area and the scope of the restriction
26sought. The city clerk shall publicly post the submitted notice

 

 

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1online.
2    To be legally sufficient, a petition must contain the
3requisite number of valid signatures and all such signatures
4must be obtained within 90 days of the date that the city clerk
5publicly posts the notice of intent. Upon receipt, the city
6clerk shall post the petition on the municipality's website for
7a 30-day comment period. The city clerk is authorized to take
8all necessary and appropriate steps to verify the legal
9sufficiency of a submitted petition. Following the petition
10review and comment period, the city clerk shall publicly post
11online the status of the petition as accepted or rejected, and
12if rejected, the reasons therefor. If the city clerk rejects a
13petition as legally insufficient, a minimum of 12 months must
14elapse from the time the city clerk posts the rejection notice
15before a new notice of intent for that same precinct may be
16submitted.
17    (c-5) Within 3 days after receiving an application for
18zoning approval to locate a cannabis business establishment
19within a municipality with a population of over 500,000, the
20municipality shall post a public notice of the filing on its
21website and notify the alderman of the ward in which the
22proposed cannabis business establishment is to be located of
23the filing. No action shall be taken on the zoning application
24for 7 business days following the notice of the filing for
25zoning approval.
26    If a notice of intent to initiate the petition process to

 

 

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1prohibit the type of cannabis business establishment proposed
2in the precinct of the proposed cannabis business establishment
3is filed prior to the filing of the application or within the
47-day period after the filing of the application, the
5municipality shall not approve the application for at least 90
6days after the city clerk publicly posts the notice of intent
7to initiate the petition process. If a petition is filed within
8the 90-day petition-gathering period described in subsection
9(c), the municipality shall not approve the application for an
10additional 90 days after the city clerk's receipt of the
11petition; provided that if the city clerk rejects a petition as
12legally insufficient, the municipality may approve the
13application prior to the end of the 90 days. If a petition is
14not submitted within the 90-day petition-gathering period
15described in subsection (c), the municipality may approve the
16application unless the approval is otherwise stayed pursuant to
17this subsection by a separate notice of intent to initiate the
18petition process filed timely within the 7-day period.
19    If no legally sufficient petition is timely filed, a
20minimum of 12 months must elapse before a new notice of intent
21for that same precinct may be submitted.
22    (d) Notwithstanding any law to the contrary, the
23municipality may enact an ordinance creating a restricted
24cannabis zone. The ordinance shall:
25        (1) identify the applicable precinct boundaries as of
26    the date of the petition;

 

 

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1        (2) state whether the ordinance prohibits within the
2    defined boundaries of the precinct, and in what
3    combination: (A) one or more types of cannabis business
4    establishments; or (B) home cultivation;
5        (3) be in effect for 4 years, unless repealed earlier;
6    and
7        (4) once in effect, be subject to renewal by ordinance
8    at the expiration of the 4-year period without the need for
9    another supporting petition.
10(Source: P.A. 101-27, eff. 6-25-19.)
 
11    (410 ILCS 705/55-30)
12    Sec. 55-30. Confidentiality.
13    (a) Information provided by the cannabis business
14establishment licensees or applicants to the Department of
15Agriculture, the Department of Public Health, the Department of
16Financial and Professional Regulation, the Department of
17Commerce and Economic Opportunity, or other agency shall be
18limited to information necessary for the purposes of
19administering this Act. The information is subject to the
20provisions and limitations contained in the Freedom of
21Information Act and may be disclosed in accordance with Section
2255-65.
23    (b) The following information received and records kept by
24the Department of Agriculture, the Department of Public Health,
25the Department of State Police, and the Department of Financial

 

 

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1and Professional Regulation for purposes of administering this
2Article are subject to all applicable federal privacy laws, are
3confidential and exempt from disclosure under the Freedom of
4Information Act, except as provided in this Act, and not
5subject to disclosure to any individual or public or private
6entity, except to the Department of Financial and Professional
7Regulation, the Department of Agriculture, the Department of
8Public Health, and the Department of State Police as necessary
9to perform official duties under this Article and to the
10Attorney General as necessary to enforce the provisions of this
11Act. The following information received and kept by the
12Department of Financial and Professional Regulation or the
13Department of Agriculture may be disclosed to the Department of
14Public Health, the Department of Agriculture, the Department of
15Revenue, the Department of State Police, or the Attorney
16General upon proper . The following information received and
17kept by the Department of Financial and Professional Regulation
18or the Department of Agriculture, excluding any existing or
19non-existing Illinois or national criminal history record
20information, may be disclosed to the Department of Public
21Health, the Department of Agriculture, the Department of
22Revenue, or the Department of State Police upon request:
23        (1) Applications and renewals, their contents, and
24    supporting information submitted by or on behalf of
25    dispensing organizations in compliance with this Article,
26    including their physical addresses;

 

 

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1        (2) Any plans, procedures, policies, or other records
2    relating to dispensing organization security; and
3        (3) Information otherwise exempt from disclosure by
4    State or federal law.
5    Illinois or national criminal history record information,
6or the nonexistence or lack of such information, may not be
7disclosed by the Department of Financial and Professional
8Regulation or the Department of Agriculture, except as
9necessary to the Attorney General to enforce this Act.
10    (c) The name and address of a dispensing organization
11licensed under this Act shall be subject to disclosure under
12the Freedom of Information Act. The name and cannabis business
13establishment address of the person or entity holding each
14cannabis business establishment license shall be subject to
15disclosure.
16    (d) All information collected by the Department of
17Financial and Professional Regulation in the course of an
18examination, inspection, or investigation of a licensee or
19applicant, including, but not limited to, any complaint against
20a licensee or applicant filed with the Department and
21information collected to investigate any such complaint, shall
22be maintained for the confidential use of the Department and
23shall not be disclosed, except as otherwise provided in this
24the Act. A formal complaint against a licensee by the
25Department or any disciplinary order issued by the Department
26against a licensee or applicant shall be a public record,

 

 

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1except as otherwise provided by law prohibited by law, as
2required by law, or as necessary to enforce the provisions of
3this Act. Complaints from consumers or members of the general
4public received regarding a specific, named licensee or
5complaints regarding conduct by unlicensed entities shall be
6subject to disclosure under the Freedom of Information Act.
7    (e) The Department of Agriculture, the Department of State
8Police, and the Department of Financial and Professional
9Regulation shall not share or disclose any Illinois or national
10criminal history record information, or the nonexistence or
11lack of such information, existing or non-existing Illinois or
12national criminal history record information to any person or
13entity not expressly authorized by this Act. As used in this
14Section, "any existing or non-existing Illinois or national
15criminal history record information" means any Illinois or
16national criminal history record information, including but
17not limited to the lack of or non-existence of these records.
18    (f) Each Department responsible for licensure under this
19Act shall publish on the Department's website a list of the
20ownership information of cannabis business establishment
21licensees under the Department's jurisdiction. The list shall
22include, but is not limited to: the name of the person or
23entity holding each cannabis business establishment license;
24and the address at which the entity is operating under this
25Act. This list shall be published and updated monthly.
26(Source: P.A. 101-27, eff. 6-25-19; revised 9-10-19.)
 

 

 

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1    (410 ILCS 705/55-35)
2    Sec. 55-35. Administrative rulemaking.
3    (a) No later than 180 days after the effective date of this
4Act, the Department of Agriculture, the Department of State
5Police, the Department of Financial and Professional
6Regulation, the Department of Revenue, the Department of
7Commerce and Economic Opportunity, and the Treasurer's Office
8shall adopt permanent rules in accordance with their
9responsibilities under this Act. The Department of
10Agriculture, the Department of State Police, the Department of
11Financial and Professional Regulation, the Department of
12Revenue, and the Department of Commerce and Economic
13Opportunity may adopt rules necessary to regulate personal
14cannabis use through the use of emergency rulemaking in
15accordance with subsection (gg) of Section 5-45 of the Illinois
16Administrative Procedure Act. The General Assembly finds that
17the adoption of rules to regulate cannabis use is deemed an
18emergency and necessary for the public interest, safety, and
19welfare.
20    (b) The Department of Agriculture rules may address, but
21are not limited to, the following matters related to
22cultivation centers, craft growers, infuser organizations, and
23transporting organizations with the goal of protecting against
24diversion and theft, without imposing an undue burden on the
25cultivation centers, craft growers, infuser organizations, or

 

 

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1transporting organizations:
2        (1) oversight requirements for cultivation centers,
3    craft growers, infuser organizations, and transporting
4    organizations;
5        (2) recordkeeping requirements for cultivation
6    centers, craft growers, infuser organizations, and
7    transporting organizations;
8        (3) security requirements for cultivation centers,
9    craft growers, infuser organizations, and transporting
10    organizations, which shall include that each cultivation
11    center, craft grower, infuser organization, and
12    transporting organization location must be protected by a
13    fully operational security alarm system;
14        (4) standards for enclosed, locked facilities under
15    this Act;
16        (5) procedures for suspending or revoking the
17    identification cards of agents of cultivation centers,
18    craft growers, infuser organizations, and transporting
19    organizations that commit violations of this Act or the
20    rules adopted under this Section;
21        (6) rules concerning the intrastate transportation of
22    cannabis from a cultivation center, craft grower, infuser
23    organization, and transporting organization to a
24    dispensing organization;
25        (7) standards concerning the testing, quality,
26    cultivation, and processing of cannabis; and

 

 

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1        (8) any other matters under oversight by the Department
2    of Agriculture as are necessary for the fair, impartial,
3    stringent, and comprehensive administration of this Act.
4    (c) The Department of Financial and Professional
5Regulation rules may address, but are not limited to, the
6following matters related to dispensing organizations, with
7the goal of protecting against diversion and theft, without
8imposing an undue burden on the dispensing organizations:
9        (1) oversight requirements for dispensing
10    organizations;
11        (2) recordkeeping requirements for dispensing
12    organizations;
13        (3) security requirements for dispensing
14    organizations, which shall include that each dispensing
15    organization location must be protected by a fully
16    operational security alarm system;
17        (4) procedures for suspending or revoking the licenses
18    of dispensing organization agents that commit violations
19    of this Act or the rules adopted under this Act;
20        (5) any other matters under oversight by the Department
21    of Financial and Professional Regulation that are
22    necessary for the fair, impartial, stringent, and
23    comprehensive administration of this Act.
24    (d) The Department of Revenue rules may address, but are
25not limited to, the following matters related to the payment of
26taxes by cannabis business establishments:

 

 

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1        (1) recording of sales;
2        (2) documentation of taxable income and expenses;
3        (3) transfer of funds for the payment of taxes; or
4        (4) any other matter under the oversight of the
5    Department of Revenue.
6    (e) The Department of Commerce and Economic Opportunity
7rules may address, but are not limited to, a loan program or
8grant program to assist Social Equity Applicants access the
9capital needed to start a cannabis business establishment. The
10names of recipients and the amounts of any moneys received
11through a loan program or grant program shall be a public
12record.
13    (f) The Department of State Police rules may address
14enforcement of its authority under this Act. The Department of
15State Police shall not make rules that infringe on the
16exclusive authority of the Department of Financial and
17Professional Regulation or the Department of Agriculture over
18licensees under this Act.
19    (g) The Department of Public Health shall develop and
20disseminate:
21        (1) educational information about the health risks
22    associated with the use of cannabis; and
23        (2) one or more public education campaigns in
24    coordination with local health departments and community
25    organizations, including one or more prevention campaigns
26    directed at children, adolescents, parents, and pregnant

 

 

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1    or breastfeeding women, to inform them of the potential
2    health risks associated with intentional or unintentional
3    cannabis use.
4(Source: P.A. 101-27, eff. 6-25-19.)
 
5    (410 ILCS 705/55-65)
6    Sec. 55-65. Financial institutions.
7    (a) A financial institution that provides financial
8services customarily provided by financial institutions to a
9cannabis business establishment authorized under this Act or
10the Compassionate Use of Medical Cannabis Pilot Program Act, or
11to a person that is affiliated with such cannabis business
12establishment, is exempt from any criminal law of this State as
13it relates to cannabis-related conduct authorized under State
14law.
15    (b) Upon request of a financial institution, a cannabis
16business establishment or proposed cannabis business
17establishment may provide to the financial institution the
18following information:
19        (1) Whether a cannabis business establishment with
20    which the financial institution is doing or is considering
21    doing business holds a license under this Act or the
22    Compassionate Use of Medical Cannabis Pilot Program Act;
23        (2) The name of any other business or individual
24    affiliate with the cannabis business establishment;
25        (3) A copy of the application, and any supporting

 

 

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1    documentation submitted with the application, for a
2    license or a permit submitted on behalf of the proposed
3    cannabis business establishment;
4        (4) If applicable, data relating to sales and the
5    volume of product sold by the cannabis business
6    establishment;
7        (5) Any past or pending violation by the person of this
8    Act, the Compassionate Use of Medical Cannabis Pilot
9    Program Act, or the rules adopted under these Acts where
10    applicable; and
11        (6) Any penalty imposed upon the person for violating
12    this Act, the Compassionate Use of Medical Cannabis Pilot
13    Program Act, or the rules adopted under these Acts.
14    (c) (Blank).
15    (d) (Blank).
16    (e) Information received by a financial institution under
17this Section is confidential. Except as otherwise required or
18permitted by this Act, State law or rule, or federal law or
19regulation, a financial institution may not make the
20information available to any person other than:
21        (1) the customer to whom the information applies;
22        (2) a trustee, conservator, guardian, personal
23    representative, or agent of the customer to whom the
24    information applies; a federal or State regulator when
25    requested in connection with an examination of the
26    financial institution or if otherwise necessary for

 

 

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1    complying with federal or State law;
2        (3) a federal or State regulator when requested in
3    connection with an examination of the financial
4    institution or if otherwise necessary for complying with
5    federal or State law; and
6        (4) a third party performing services for the financial
7    institution, provided the third party is performing such
8    services under a written agreement that expressly or by
9    operation of law prohibits the third party's sharing and
10    use of such confidential information for any purpose other
11    than as provided in its agreement to provide services to
12    the financial institution.
13(Source: P.A. 101-27, eff. 6-25-19.)
 
14    (410 ILCS 705/55-80)
15    Sec. 55-80. Annual reports.
16    (a) The Department of Financial and Professional
17Regulation shall submit to the General Assembly and Governor a
18report, by September 30 of each year, that does not disclose
19any information identifying information about cultivation
20centers, craft growers, infuser organizations, transporting
21organizations, or dispensing organizations, but does contain,
22at a minimum, all of the following information for the previous
23fiscal year:
24        (1) The number of licenses issued to dispensing
25    organizations by county, or, in counties with greater than

 

 

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1    3,000,000 residents, by zip code;
2        (2) The total number of dispensing organization owners
3    that are Social Equity Applicants or minority persons,
4    women, or persons with disabilities as those terms are
5    defined in the Business Enterprise for Minorities, Women,
6    and Persons with Disabilities Act;
7        (3) The total number of revenues received from
8    dispensing organizations, segregated from revenues
9    received from dispensing organizations under the
10    Compassionate Use of Medical Cannabis Pilot Program Act by
11    county, separated by source of revenue;
12        (4) The total amount of revenue received from
13    dispensing organizations that share a premises or majority
14    ownership with a craft grower;
15        (5) The total amount of revenue received from
16    dispensing organizations that share a premises or majority
17    ownership with an infuser; and
18        (6) An analysis of revenue generated from taxation,
19    licensing, and other fees for the State, including
20    recommendations to change the tax rate applied.
21    (b) The Department of Agriculture shall submit to the
22General Assembly and Governor a report, by September 30 of each
23year, that does not disclose any information identifying
24information about cultivation centers, craft growers, infuser
25organizations, transporting organizations, or dispensing
26organizations, but does contain, at a minimum, all of the

 

 

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1following information for the previous fiscal year:
2        (1) The number of licenses issued to cultivation
3    centers, craft growers, infusers, and transporters by
4    license type, and, in counties with more than 3,000,000
5    residents, by zip code;
6        (2) The total number of cultivation centers, craft
7    growers, infusers, and transporters by license type that
8    are Social Equity Applicants or minority persons, women, or
9    persons with disabilities as those terms are defined in the
10    Business Enterprise for Minorities, Women, and Persons
11    with Disabilities Act;
12        (3) The total amount of revenue received from
13    cultivation centers, craft growers, infusers, and
14    transporters, separated by license types and source of
15    revenue;
16        (4) The total amount of revenue received from craft
17    growers and infusers that share a premises or majority
18    ownership with a dispensing organization;
19        (5) The total amount of revenue received from craft
20    growers that share a premises or majority ownership with an
21    infuser, but do not share a premises or ownership with a
22    dispensary;
23        (6) The total amount of revenue received from infusers
24    that share a premises or majority ownership with a craft
25    grower, but do not share a premises or ownership with a
26    dispensary;

 

 

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1        (7) The total amount of revenue received from craft
2    growers that share a premises or majority ownership with a
3    dispensing organization, but do not share a premises or
4    ownership with an infuser;
5        (8) The total amount of revenue received from infusers
6    that share a premises or majority ownership with a
7    dispensing organization, but do not share a premises or
8    ownership with a craft grower;
9        (9) The total amount of revenue received from
10    transporters; and
11        (10) An analysis of revenue generated from taxation,
12    licensing, and other fees for the State, including
13    recommendations to change the tax rate applied.
14    (c) The Department of State Police shall submit to the
15General Assembly and Governor a report, by September 30 of each
16year that contains, at a minimum, all of the following
17information for the previous fiscal year:
18        (1) The effect of regulation and taxation of cannabis
19    on law enforcement resources;
20        (2) The impact of regulation and taxation of cannabis
21    on highway and waterway safety and rates of impaired
22    driving or operating safety and rates of impaired driving,
23    where impairment was determined based on failure of a field
24    sobriety test;
25        (3) The available and emerging methods for detecting
26    the metabolites for delta-9-tetrahydrocannabinol in bodily

 

 

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1    fluids, including, without limitation, blood and saliva;
2        (4) The effectiveness of current DUI laws and
3    recommendations for improvements to policy to better
4    ensure safe highways and fair laws.
5    (d) The Adult Use Cannabis Health Advisory Committee shall
6submit to the General Assembly and Governor a report, by
7September 30 of each year, that does not disclose any
8identifying information about any individuals, but does
9contain, at a minimum:
10        (1) Self-reported youth cannabis use, as published in
11    the most recent Illinois Youth Survey available;
12        (2) Self-reported adult cannabis use, as published in
13    the most recent Behavioral Risk Factor Surveillance Survey
14    available;
15        (3) Hospital room admissions and hospital utilization
16    rates caused by cannabis consumption, including the
17    presence or detection of other drugs;
18        (4) Overdoses of cannabis and poison control data,
19    including the presence of other drugs that may have
20    contributed;
21        (5) Incidents of impaired driving caused by the
22    consumption of cannabis or cannabis products, including
23    the presence of other drugs or alcohol that may have
24    contributed to the impaired driving;
25        (6) Prevalence of infants born testing positive for
26    cannabis or delta-9-tetrahydrocannabinol, including

 

 

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1    demographic and racial information on which infants are
2    tested;
3        (7) Public perceptions of use and risk of harm;
4        (8) Revenue collected from cannabis taxation and how
5    that revenue was used;
6        (9) Cannabis retail licenses granted and locations;
7        (10) Cannabis-related arrests; and
8        (11) The number of individuals completing required bud
9    tender training.
10    (e) Each agency or committee submitting reports under this
11Section may consult with one another in the preparation of each
12report.
13(Source: P.A. 101-27, eff. 6-25-19.)
 
14    (410 ILCS 705/55-85)
15    Sec. 55-85. Medical cannabis.
16    (a) Nothing in this Act shall be construed to limit any
17privileges or rights of a medical cannabis patient including
18minor patients, primary caregiver, medical cannabis
19cultivation center, or medical cannabis dispensing
20organization under the Compassionate Use of Medical Cannabis
21Pilot Program Act, and where there is conflict between this Act
22and the Compassionate Use of Medical Cannabis Pilot Program Act
23as they relate to medical cannabis patients, the Compassionate
24Use of Medical Cannabis Pilot Program Act shall prevail.
25    (b) Dispensary locations that obtain an Early Approval

 

 

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1Adult Use Dispensary Organization License or an Adult Use
2Dispensary Organization License in accordance with this Act at
3the same location as a medical cannabis dispensing organization
4registered under the Compassionate Use of Medical Cannabis
5Pilot Program Act shall maintain an inventory of medical
6cannabis and medical cannabis products on a monthly basis that
7is substantially similar in variety and quantity to the
8products offered at the dispensary during the 6-month period
9immediately before the effective date of this Act.
10    (c) Beginning June 30, 2020, the Department of Agriculture
11shall make a quarterly determination whether inventory
12requirements established for dispensaries in subsection (b)
13should be adjusted due to changing patient need.
14(Source: P.A. 101-27, eff. 6-25-19.)
 
15    (410 ILCS 705/55-95)
16    Sec. 55-95. Conflict of interest. A person is ineligible to
17apply for, hold, or own financial or voting interest, other
18than a passive interest in a publicly traded company, in any
19cannabis business license under this Act during the 2-year
20period following the effective date of this Act if, on within a
212-year period from the effective date of this Act, the person
22or his or her spouse or immediate immediately family member was
23a member of the General Assembly or a State employee at an
24agency that regulates cannabis business establishment license
25holders who participated personally and substantially in the

 

 

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1award of licenses under this Act. A person who violates this
2Section shall be guilty under subsection (b) of Section 50-5 of
3the State Officials and Employees Ethics Act.
4(Source: P.A. 101-27, eff. 6-25-19.)
 
5    (410 ILCS 705/60-5)
6    Sec. 60-5. Definitions. In this Article:
7    "Cannabis" has the meaning given to that term in Article 1
8of this Act, except that it does not include cannabis that is
9subject to tax under the Compassionate Use of Medical Cannabis
10Pilot Program Act.
11    "Craft grower" has the meaning given to that term in
12Article 1 of this Act.
13    "Cultivation center" has the meaning given to that term in
14Article 1 of this Act.
15    "Cultivator" or "taxpayer" means a cultivation center or
16craft grower who is subject to tax under this Article.
17    "Department" means the Department of Revenue.
18    "Director" means the Director of Revenue.
19    "Dispensing organization" or "dispensary" has the meaning
20given to that term in Article 1 of this Act.
21    "Gross receipts" from the sales of cannabis by a cultivator
22means the total selling price or the amount of such sales, as
23defined in this Article. In the case of charges and time sales,
24the amount thereof shall be included only when payments are
25received by the cultivator.

 

 

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1    "Person" means a natural individual, firm, partnership,
2association, joint stock company, joint adventure, public or
3private corporation, limited liability company, or a receiver,
4executor, trustee, guardian, or other representative appointed
5by order of any court.
6    "Infuser" means "infuser organization" or "infuser" as
7defined in Article 1 of this Act.
8    "Selling price" or "amount of sale" means the consideration
9for a sale valued in money whether received in money or
10otherwise, including cash, credits, property, and services,
11and shall be determined without any deduction on account of the
12cost of the property sold, the cost of materials used, labor or
13service cost, or any other expense whatsoever, but does not
14include separately stated charges identified on the invoice by
15cultivators to reimburse themselves for their tax liability
16under this Article.
17(Source: P.A. 101-27, eff. 6-25-19.)
 
18    (410 ILCS 705/60-20)
19    Sec. 60-20. Return and payment of cannabis cultivation
20privilege tax. Each person who is required to pay the tax
21imposed by this Article shall make a return to the Department
22on or before the 20th day of each month for the preceding
23calendar month stating the following:
24        (1) the taxpayer's name;
25        (2) the address of the taxpayer's principal place of

 

 

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1    business and the address of the principal place of business
2    (if that is a different address) from which the taxpayer is
3    engaged in the business of cultivating cannabis subject to
4    tax under this Article;
5        (3) the total amount of receipts received by the
6    taxpayer during the preceding calendar month from sales of
7    cannabis subject to tax under this Article by the taxpayer
8    during the preceding calendar month;
9        (4) the total amount received by the taxpayer during
10    the preceding calendar month on charge and time sales of
11    cannabis subject to tax imposed under this Article by the
12    taxpayer before the month for which the return is filed;
13        (5) deductions allowed by law;
14        (6) gross receipts that were received by the taxpayer
15    during the preceding calendar month and upon the basis of
16    which the tax is imposed;
17        (7) the amount of tax due;
18        (8) the signature of the taxpayer; and
19        (9) any other information as the Department may
20    reasonably require.
21    All returns required to be filed and payments required to
22be made under this Article shall be by electronic means.
23Taxpayers who demonstrate hardship in paying electronically
24may petition the Department to waive the electronic payment
25requirement. The Department may require a separate return for
26the tax under this Article or combine the return for the tax

 

 

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1under this Article with the return for the tax under the
2Compassionate Use of Medical Cannabis Pilot Program Act. If the
3return for the tax under this Article is combined with the
4return for tax under the Compassionate Use of Medical Cannabis
5Pilot Program Act, then the vendor's discount allowed under
6this Section and any cap on that discount shall apply to the
7combined return. The taxpayer making the return provided for in
8this Section shall also pay to the Department, in accordance
9with this Section, the amount of tax imposed by this Article,
10less a discount of 1.75%, but not to exceed $1,000 per return
11period, which is allowed to reimburse the taxpayer for the
12expenses incurred in keeping records, collecting tax,
13preparing and filing returns, remitting the tax, and supplying
14data to the Department upon request. No discount may be claimed
15by a taxpayer on returns not timely filed and for taxes not
16timely remitted. No discount may be claimed by a taxpayer for
17any return that is not filed electronically. No discount may be
18claimed by a taxpayer for any payment that is not made
19electronically, unless a waiver has been granted under this
20Section. Any amount that is required to be shown or reported on
21any return or other document under this Article shall, if the
22amount is not a whole-dollar amount, be increased to the
23nearest whole-dollar amount if the fractional part of a dollar
24is $0.50 or more and decreased to the nearest whole-dollar
25amount if the fractional part of a dollar is less than $0.50.
26If a total amount of less than $1 is payable, refundable, or

 

 

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1creditable, the amount shall be disregarded if it is less than
2$0.50 and shall be increased to $1 if it is $0.50 or more.
3Notwithstanding any other provision of this Article concerning
4the time within which a taxpayer may file a return, any such
5taxpayer who ceases to engage in the kind of business that
6makes the person responsible for filing returns under this
7Article shall file a final return under this Article with the
8Department within one month after discontinuing such business.
9    Each taxpayer under this Article shall make estimated
10payments to the Department on or before the 7th, 15th, 22nd,
11and last day of the month during which tax liability to the
12Department is incurred. The payments shall be in an amount not
13less than the lower of either 22.5% of the taxpayer's actual
14tax liability for the month or 25% of the taxpayer's actual tax
15liability for the same calendar month of the preceding year.
16The amount of the quarter-monthly payments shall be credited
17against the final tax liability of the taxpayer's return for
18that month. If any quarter-monthly payment is not paid at the
19time or in the amount required by this Section, then the
20taxpayer shall be liable for penalties and interest on the
21difference between the minimum amount due as a payment and the
22amount of the quarter-monthly payment actually and timely paid,
23except insofar as the taxpayer has previously made payments for
24that month to the Department in excess of the minimum payments
25previously due as provided in this Section.
26    If any payment provided for in this Section exceeds the

 

 

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1taxpayer's liabilities under this Article, as shown on an
2original monthly return, the Department shall, if requested by
3the taxpayer, issue to the taxpayer a credit memorandum no
4later than 30 days after the date of payment. The credit
5evidenced by the credit memorandum may be assigned by the
6taxpayer to a similar taxpayer under this Act, in accordance
7with reasonable rules to be prescribed by the Department. If no
8such request is made, the taxpayer may credit the excess
9payment against tax liability subsequently to be remitted to
10the Department under this Act, in accordance with reasonable
11rules prescribed by the Department. If the Department
12subsequently determines that all or any part of the credit
13taken was not actually due to the taxpayer, the taxpayer's
14discount shall be reduced, if necessary, to reflect the
15difference between the credit taken and that actually due, and
16that taxpayer shall be liable for penalties and interest on the
17difference.
18    If a taxpayer fails to sign a return within 30 days after
19the proper notice and demand for signature by the Department is
20received by the taxpayer, the return shall be considered valid
21and any amount shown to be due on the return shall be deemed
22assessed.
23(Source: P.A. 101-27, eff. 6-25-19.)
 
24    (410 ILCS 705/65-5)
25    Sec. 65-5. Definitions. In this Article:

 

 

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1    "Adjusted delta-9-tetrahydrocannabinol level" means, for a
2delta-9-tetrahydrocannabinol dominant product, the sum of the
3percentage of delta-9-tetrahydrocannabinol plus .877
4multiplied by the percentage of tetrahydrocannabinolic acid.
5    "Cannabis" has the meaning given to that term in Article 1
6of this Act, except that it does not include cannabis that is
7subject to tax under the Compassionate Use of Medical Cannabis
8Pilot Program Act.
9    "Cannabis-infused product" means beverage food, oils,
10ointments, tincture, topical formulation, or another product
11containing cannabis that is not intended to be smoked.
12    "Cannabis retailer" means a dispensing organization that
13sells cannabis for use and not for resale.
14    "Craft grower" has the meaning given to that term in
15Article 1 of this Act.
16    "Department" means the Department of Revenue.
17    "Director" means the Director of Revenue.
18    "Dispensing organization" or "dispensary" has the meaning
19given to that term in Article 1 of this Act.
20    "Person" means a natural individual, firm, partnership,
21association, joint stock company, joint adventure, public or
22private corporation, limited liability company, or a receiver,
23executor, trustee, guardian, or other representative appointed
24by order of any court.
25    "Infuser organization" or "infuser" means a facility
26operated by an organization or business that is licensed by the

 

 

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1Department of Agriculture to directly incorporate cannabis or
2cannabis concentrate into a product formulation to produce a
3cannabis-infused product.
4    "Purchase price" means the consideration paid for a
5purchase of cannabis, valued in money, whether received in
6money or otherwise, including cash, gift cards, credits, and
7property and shall be determined without any deduction on
8account of the cost of materials used, labor or service costs,
9or any other expense whatsoever. However, "purchase price" does
10not include consideration paid for:
11        (1) any charge for a payment that is not honored by a
12    financial institution;
13        (2) any finance or credit charge, penalty or charge for
14    delayed payment, or discount for prompt payment; and
15        (3) any amounts added to a purchaser's bill because of
16    charges made under the tax imposed by this Article, the
17    Municipal Cannabis Retailers' Occupation Tax Law, the
18    County Cannabis Retailers' Occupation Tax Law, the
19    Retailers' Occupation Tax Act, the Use Tax Act, the Service
20    Occupation Tax Act, the Service Use Tax Act, or any locally
21    imposed occupation or use tax.
22    "Purchaser" means a person who acquires cannabis for a
23valuable consideration.
24    "Taxpayer" means a cannabis retailer who is required to
25collect the tax imposed under this Article.
26(Source: P.A. 101-27, eff. 6-25-19.)
 

 

 

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1    (410 ILCS 705/65-10)
2    Sec. 65-10. Tax imposed.
3    (a) Beginning January 1, 2020, a tax is imposed upon
4purchasers for the privilege of using cannabis at the following
5rates:
6        (1) Any cannabis, other than a cannabis-infused
7    product, with an adjusted delta-9-tetrahydrocannabinol
8    level at or below 35% shall be taxed at a rate of 10% of the
9    purchase price;
10        (2) Any cannabis, other than a cannabis-infused
11    product, with an adjusted delta-9-tetrahydrocannabinol
12    level above 35% shall be taxed at a rate of 25% of the
13    purchase price; and
14        (3) A cannabis-infused product shall be taxed at a rate
15    of 20% of the purchase price.
16    (b) The purchase of any product that contains any amount of
17cannabis or any derivative thereof is subject to the tax under
18subsection (a) of this Section on the full purchase price of
19the product.
20    (c) The tax imposed under this Section is not imposed on
21cannabis that is subject to tax under the Compassionate Use of
22Medical Cannabis Pilot Program Act. The tax imposed by this
23Section is not imposed with respect to any transaction in
24interstate commerce, to the extent the transaction may not,
25under the Constitution and statutes of the United States, be

 

 

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1made the subject of taxation by this State.
2    (d) The tax imposed under this Article shall be in addition
3to all other occupation, privilege, or excise taxes imposed by
4the State of Illinois or by any municipal corporation or
5political subdivision thereof.
6    (e) The tax imposed under this Article shall not be imposed
7on any purchase by a purchaser if the cannabis retailer is
8prohibited by federal or State Constitution, treaty,
9convention, statute, or court decision from collecting the tax
10from the purchaser.
11(Source: P.A. 101-27, eff. 6-25-19.)
 
12    (410 ILCS 705/65-15)
13    Sec. 65-15. Collection of tax.
14    (a) The tax imposed by this Article shall be collected from
15the purchaser by the cannabis retailer at the rate stated in
16Section 65-10 with respect to cannabis sold by the cannabis
17retailer to the purchaser, and shall be remitted to the
18Department as provided in Section 65-30. All sales to a
19purchaser who is not a cardholder under the Compassionate Use
20of Medical Cannabis Pilot Program Act are presumed subject to
21tax collection. Cannabis retailers shall collect the tax from
22purchasers by adding the tax to the amount of the purchase
23price received from the purchaser for selling cannabis to the
24purchaser. The tax imposed by this Article shall, when
25collected, be stated as a distinct item separate and apart from

 

 

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1the purchase price of the cannabis.
2    (b) If a cannabis retailer collects Cannabis Purchaser
3Excise Tax measured by a purchase price that is not subject to
4Cannabis Purchaser Excise Tax, or if a cannabis retailer, in
5collecting Cannabis Purchaser Excise Tax measured by a purchase
6price that is subject to tax under this Act, collects more from
7the purchaser than the required amount of the Cannabis
8Purchaser Excise Tax on the transaction, the purchaser shall
9have a legal right to claim a refund of that amount from the
10cannabis retailer. If, however, that amount is not refunded to
11the purchaser for any reason, the cannabis retailer is liable
12to pay that amount to the Department.
13    (c) Any person purchasing cannabis subject to tax under
14this Article as to which there has been no charge made to him
15or her of the tax imposed by Section 65-10 shall make payment
16of the tax imposed by Section 65-10 in the form and manner
17provided by the Department not later than the 20th day of the
18month following the month of purchase of the cannabis.
19(Source: P.A. 101-27, eff. 6-25-19.)
 
20    Section 30. The Illinois Vehicle Code is amended by
21changing Sections 2-118.2, 6-206.1, and 11-501.10 as follows:
 
22    (625 ILCS 5/2-118.2)
23    Sec. 2-118.2. Opportunity for hearing; cannabis-related
24suspension under Section 11-501.9.

 

 

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1    (a) A suspension of driving privileges under Section
211-501.9 of this Code shall not become effective until the
3person is notified in writing of the impending suspension and
4informed that he or she may request a hearing in the circuit
5court of venue under subsection (b) of this Section and the
6suspension shall become effective as provided in Section
711-501.9.
8    (b) Within 90 days after the notice of suspension served
9under Section 11-501.9, the person may make a written request
10for a judicial hearing in the circuit court of venue. The
11request to the circuit court shall state the grounds upon which
12the person seeks to have the suspension rescinded. Within 30
13days after receipt of the written request or the first
14appearance date on the Uniform Traffic Ticket issued for a
15violation of Section 11-501 of this Code, or a similar
16provision of a local ordinance, the hearing shall be conducted
17by the circuit court having jurisdiction. This judicial
18hearing, request, or process shall not stay or delay the
19suspension. The hearing shall proceed in the court in the same
20manner as in other civil proceedings.
21    The hearing may be conducted upon a review of the law
22enforcement officer's own official reports; provided however,
23that the person may subpoena the officer. Failure of the
24officer to answer the subpoena shall be considered grounds for
25a continuance if in the court's discretion the continuance is
26appropriate.

 

 

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1    The scope of the hearing shall be limited to the issues of:
2        (1) Whether the officer had reasonable suspicion to
3    believe that the person was driving or in actual physical
4    control of a motor vehicle upon a highway while impaired by
5    the use of cannabis; and
6        (2) Whether the person, after being advised by the
7    officer that the privilege to operate a motor vehicle would
8    be suspended if the person refused to submit to and
9    complete the field sobriety tests or validated roadside
10    chemical tests, did refuse to submit to or complete the
11    field sobriety tests or validated roadside chemical tests
12    authorized under Section 11-501.9; and
13        (3) Whether the person after being advised by the
14    officer that the privilege to operate a motor vehicle would
15    be suspended if the person submitted to field sobriety
16    tests or validated roadside chemical tests that disclosed
17    the person was impaired by the use of cannabis, did submit
18    to field sobriety tests or validated roadside chemical
19    tests that disclosed that the person was impaired by the
20    use of cannabis.
21    Upon the conclusion of the judicial hearing, the circuit
22court shall sustain or rescind the suspension and immediately
23notify the Secretary of State. Reports received by the
24Secretary of State under this Section shall be privileged
25information and for use only by the courts, police officers,
26and Secretary of State.

 

 

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1(Source: P.A. 101-27, eff. 6-25-19; 101-363, eff. 8-9-19.)
 
2    (625 ILCS 5/6-206.1)  (from Ch. 95 1/2, par. 6-206.1)
3    Sec. 6-206.1. Monitoring Device Driving Permit.
4Declaration of Policy. It is hereby declared a policy of the
5State of Illinois that the driver who is impaired by alcohol,
6other drug or drugs, or intoxicating compound or compounds is a
7threat to the public safety and welfare. Therefore, to provide
8a deterrent to such practice, a statutory summary driver's
9license suspension is appropriate. It is also recognized that
10driving is a privilege and therefore, that the granting of
11driving privileges, in a manner consistent with public safety,
12is warranted during the period of suspension in the form of a
13monitoring device driving permit. A person who drives and fails
14to comply with the requirements of the monitoring device
15driving permit commits a violation of Section 6-303 of this
16Code.
17    The following procedures shall apply whenever a first
18offender, as defined in Section 11-500 of this Code, is
19arrested for any offense as defined in Section 11-501 or a
20similar provision of a local ordinance and is subject to the
21provisions of Section 11-501.1:
22    (a) Upon mailing of the notice of suspension of driving
23privileges as provided in subsection (h) of Section 11-501.1 of
24this Code, the Secretary shall also send written notice
25informing the person that he or she will be issued a monitoring

 

 

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1device driving permit (MDDP). The notice shall include, at
2minimum, information summarizing the procedure to be followed
3for issuance of the MDDP, installation of the breath alcohol
4ignition installation device (BAIID), as provided in this
5Section, exemption from BAIID installation requirements, and
6procedures to be followed by those seeking indigent status, as
7provided in this Section. The notice shall also include
8information summarizing the procedure to be followed if the
9person wishes to decline issuance of the MDDP. A copy of the
10notice shall also be sent to the court of venue together with
11the notice of suspension of driving privileges, as provided in
12subsection (h) of Section 11-501. However, a MDDP shall not be
13issued if the Secretary finds that:
14        (1) the offender's driver's license is otherwise
15    invalid;
16        (2) death or great bodily harm to another resulted from
17    the arrest for Section 11-501;
18        (3) the offender has been previously convicted of
19    reckless homicide or aggravated driving under the
20    influence involving death; or
21        (4) the offender is less than 18 years of age. ; or
22        (5) the offender is a qualifying patient licensed under
23    the Compassionate Use of Medical Cannabis Program Act who
24    is in possession of a valid registry card issued under that
25    Act and refused to submit to standardized field sobriety
26    tests as required by subsection (a) of Section 11-501.9 or

 

 

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1    did submit to testing which disclosed the person was
2    impaired by the use of cannabis.
3    Any offender participating in the MDDP program must pay the
4Secretary a MDDP Administration Fee in an amount not to exceed
5$30 per month, to be deposited into the Monitoring Device
6Driving Permit Administration Fee Fund. The Secretary shall
7establish by rule the amount and the procedures, terms, and
8conditions relating to these fees. The offender must have an
9ignition interlock device installed within 14 days of the date
10the Secretary issues the MDDP. The ignition interlock device
11provider must notify the Secretary, in a manner and form
12prescribed by the Secretary, of the installation. If the
13Secretary does not receive notice of installation, the
14Secretary shall cancel the MDDP.
15    Upon receipt of the notice, as provided in paragraph (a) of
16this Section, the person may file a petition to decline
17issuance of the MDDP with the court of venue. The court shall
18admonish the offender of all consequences of declining issuance
19of the MDDP including, but not limited to, the enhanced
20penalties for driving while suspended. After being so
21admonished, the offender shall be permitted, in writing, to
22execute a notice declining issuance of the MDDP. This notice
23shall be filed with the court and forwarded by the clerk of the
24court to the Secretary. The offender may, at any time
25thereafter, apply to the Secretary for issuance of a MDDP.
26    (a-1) A person issued a MDDP may drive for any purpose and

 

 

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1at any time, subject to the rules adopted by the Secretary
2under subsection (g). The person must, at his or her own
3expense, drive only vehicles equipped with an ignition
4interlock device as defined in Section 1-129.1, but in no event
5shall such person drive a commercial motor vehicle.
6    (a-2) Persons who are issued a MDDP and must drive
7employer-owned vehicles in the course of their employment
8duties may seek permission to drive an employer-owned vehicle
9that does not have an ignition interlock device. The employer
10shall provide to the Secretary a form, as prescribed by the
11Secretary, completed by the employer verifying that the
12employee must drive an employer-owned vehicle in the course of
13employment. If approved by the Secretary, the form must be in
14the driver's possession while operating an employer-owner
15vehicle not equipped with an ignition interlock device. No
16person may use this exemption to drive a school bus, school
17vehicle, or a vehicle designed to transport more than 15
18passengers. No person may use this exemption to drive an
19employer-owned motor vehicle that is owned by an entity that is
20wholly or partially owned by the person holding the MDDP, or by
21a family member of the person holding the MDDP. No person may
22use this exemption to drive an employer-owned vehicle that is
23made available to the employee for personal use. No person may
24drive the exempted vehicle more than 12 hours per day, 6 days
25per week.
26    (a-3) Persons who are issued a MDDP and who must drive a

 

 

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1farm tractor to and from a farm, within 50 air miles from the
2originating farm are exempt from installation of a BAIID on the
3farm tractor, so long as the farm tractor is being used for the
4exclusive purpose of conducting farm operations.
5    (b) (Blank).
6    (c) (Blank).
7    (c-1) If the holder of the MDDP is convicted of or receives
8court supervision for a violation of Section 6-206.2, 6-303,
911-204, 11-204.1, 11-401, 11-501, 11-503, 11-506 or a similar
10provision of a local ordinance or a similar out-of-state
11offense or is convicted of or receives court supervision for
12any offense for which alcohol or drugs is an element of the
13offense and in which a motor vehicle was involved (for an
14arrest other than the one for which the MDDP is issued), or
15de-installs the BAIID without prior authorization from the
16Secretary, the MDDP shall be cancelled.
17    (c-5) If the Secretary determines that the person seeking
18the MDDP is indigent, the Secretary shall provide the person
19with a written document as evidence of that determination, and
20the person shall provide that written document to an ignition
21interlock device provider. The provider shall install an
22ignition interlock device on that person's vehicle without
23charge to the person, and seek reimbursement from the Indigent
24BAIID Fund. If the Secretary has deemed an offender indigent,
25the BAIID provider shall also provide the normal monthly
26monitoring services and the de-installation without charge to

 

 

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1the offender and seek reimbursement from the Indigent BAIID
2Fund. Any other monetary charges, such as a lockout fee or
3reset fee, shall be the responsibility of the MDDP holder. A
4BAIID provider may not seek a security deposit from the
5Indigent BAIID Fund.
6    (d) MDDP information shall be available only to the courts,
7police officers, and the Secretary, except during the actual
8period the MDDP is valid, during which time it shall be a
9public record.
10    (e) (Blank).
11    (f) (Blank).
12    (g) The Secretary shall adopt rules for implementing this
13Section. The rules adopted shall address issues including, but
14not limited to: compliance with the requirements of the MDDP;
15methods for determining compliance with those requirements;
16the consequences of noncompliance with those requirements;
17what constitutes a violation of the MDDP; methods for
18determining indigency; and the duties of a person or entity
19that supplies the ignition interlock device.
20    (h) The rules adopted under subsection (g) shall provide,
21at a minimum, that the person is not in compliance with the
22requirements of the MDDP if he or she:
23        (1) tampers or attempts to tamper with or circumvent
24    the proper operation of the ignition interlock device;
25        (2) provides valid breath samples that register blood
26    alcohol levels in excess of the number of times allowed

 

 

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1    under the rules;
2        (3) fails to provide evidence sufficient to satisfy the
3    Secretary that the ignition interlock device has been
4    installed in the designated vehicle or vehicles; or
5        (4) fails to follow any other applicable rules adopted
6    by the Secretary.
7    (i) Any person or entity that supplies an ignition
8interlock device as provided under this Section shall, in
9addition to supplying only those devices which fully comply
10with all the rules adopted under subsection (g), provide the
11Secretary, within 7 days of inspection, all monitoring reports
12of each person who has had an ignition interlock device
13installed. These reports shall be furnished in a manner or form
14as prescribed by the Secretary.
15    (j) Upon making a determination that a violation of the
16requirements of the MDDP has occurred, the Secretary shall
17extend the summary suspension period for an additional 3 months
18beyond the originally imposed summary suspension period,
19during which time the person shall only be allowed to drive
20vehicles equipped with an ignition interlock device; provided
21further there are no limitations on the total number of times
22the summary suspension may be extended. The Secretary may,
23however, limit the number of extensions imposed for violations
24occurring during any one monitoring period, as set forth by
25rule. Any person whose summary suspension is extended pursuant
26to this Section shall have the right to contest the extension

 

 

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1through a hearing with the Secretary, pursuant to Section 2-118
2of this Code. If the summary suspension has already terminated
3prior to the Secretary receiving the monitoring report that
4shows a violation, the Secretary shall be authorized to suspend
5the person's driving privileges for 3 months, provided that the
6Secretary may, by rule, limit the number of suspensions to be
7entered pursuant to this paragraph for violations occurring
8during any one monitoring period. Any person whose license is
9suspended pursuant to this paragraph, after the summary
10suspension had already terminated, shall have the right to
11contest the suspension through a hearing with the Secretary,
12pursuant to Section 2-118 of this Code. The only permit the
13person shall be eligible for during this new suspension period
14is a MDDP.
15    (k) A person who has had his or her summary suspension
16extended for the third time, or has any combination of 3
17extensions and new suspensions, entered as a result of a
18violation that occurred while holding the MDDP, so long as the
19extensions and new suspensions relate to the same summary
20suspension, shall have his or her vehicle impounded for a
21period of 30 days, at the person's own expense. A person who
22has his or her summary suspension extended for the fourth time,
23or has any combination of 4 extensions and new suspensions,
24entered as a result of a violation that occurred while holding
25the MDDP, so long as the extensions and new suspensions relate
26to the same summary suspension, shall have his or her vehicle

 

 

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1subject to seizure and forfeiture. The Secretary shall notify
2the prosecuting authority of any third or fourth extensions or
3new suspension entered as a result of a violation that occurred
4while the person held a MDDP. Upon receipt of the notification,
5the prosecuting authority shall impound or forfeit the vehicle.
6The impoundment or forfeiture of a vehicle shall be conducted
7pursuant to the procedure specified in Article 36 of the
8Criminal Code of 2012.
9    (l) A person whose driving privileges have been suspended
10under Section 11-501.1 of this Code and who had a MDDP that was
11cancelled, or would have been cancelled had notification of a
12violation been received prior to expiration of the MDDP,
13pursuant to subsection (c-1) of this Section, shall not be
14eligible for reinstatement when the summary suspension is
15scheduled to terminate. Instead, the person's driving
16privileges shall be suspended for a period of not less than
17twice the original summary suspension period, or for the length
18of any extensions entered under subsection (j), whichever is
19longer. During the period of suspension, the person shall be
20eligible only to apply for a restricted driving permit. If a
21restricted driving permit is granted, the offender may only
22operate vehicles equipped with a BAIID in accordance with this
23Section.
24    (m) Any person or entity that supplies an ignition
25interlock device under this Section shall, for each ignition
26interlock device installed, pay 5% of the total gross revenue

 

 

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1received for the device, including monthly monitoring fees,
2into the Indigent BAIID Fund. This 5% shall be clearly
3indicated as a separate surcharge on each invoice that is
4issued. The Secretary shall conduct an annual review of the
5fund to determine whether the surcharge is sufficient to
6provide for indigent users. The Secretary may increase or
7decrease this surcharge requirement as needed.
8    (n) Any person or entity that supplies an ignition
9interlock device under this Section that is requested to
10provide an ignition interlock device to a person who presents
11written documentation of indigency from the Secretary, as
12provided in subsection (c-5) of this Section, shall install the
13device on the person's vehicle without charge to the person and
14shall seek reimbursement from the Indigent BAIID Fund.
15    (o) The Indigent BAIID Fund is created as a special fund in
16the State treasury. The Secretary shall, subject to
17appropriation by the General Assembly, use all money in the
18Indigent BAIID Fund to reimburse ignition interlock device
19providers who have installed devices in vehicles of indigent
20persons. The Secretary shall make payments to such providers
21every 3 months. If the amount of money in the fund at the time
22payments are made is not sufficient to pay all requests for
23reimbursement submitted during that 3 month period, the
24Secretary shall make payments on a pro-rata basis, and those
25payments shall be considered payment in full for the requests
26submitted.

 

 

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1    (p) The Monitoring Device Driving Permit Administration
2Fee Fund is created as a special fund in the State treasury.
3The Secretary shall, subject to appropriation by the General
4Assembly, use the money paid into this fund to offset its
5administrative costs for administering MDDPs.
6    (q) The Secretary is authorized to prescribe such forms as
7it deems necessary to carry out the provisions of this Section.
8(Source: P.A. 101-363, eff. 8-9-19.)
 
9    (625 ILCS 5/11-501.10)
10    (Section scheduled to be repealed on July 1, 2021)
11    Sec. 11-501.10. DUI Cannabis Task Force.
12    (a) The DUI Cannabis Task Force is hereby created to study
13the issue of driving under the influence of cannabis. The Task
14Force shall consist of the following members:
15        (1) The Director of State Police, or his or her
16    designee, who shall serve as chair;
17        (2) The Secretary of State, or his or her designee;
18        (3) The President of the Illinois State's Attorneys
19    Association, or his or her designee;
20        (4) The President of the Illinois Association of
21    Criminal Defense Lawyers, or his or her designee;
22        (5) One member appointed by the Speaker of the House of
23    Representatives;
24        (6) One member appointed by the Minority Leader of the
25    House of Representatives;

 

 

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1        (7) One member appointed by the President of the
2    Senate;
3        (8) One member appointed by the Minority Leader of the
4    Senate;
5        (9) One member of an organization dedicated to end
6    drunk driving and drugged driving;
7        (10) The president of a statewide bar association,
8    appointed by the Governor; and
9        (11) One member of a statewide organization
10    representing civil and constitutional rights, appointed by
11    the Governor;
12        (12) One member of a statewide association
13    representing chiefs of police, appointed by the Governor;
14    and
15        (13) One member of a statewide association
16    representing sheriffs, appointed by the Governor.
17    (b) The members of the Task Force shall serve without
18compensation.
19    (c) The Task Force shall examine best practices in the area
20of driving under the influence of cannabis enforcement,
21including examining emerging technology in roadside testing.
22    (d) The Task Force shall meet no fewer than 3 times and
23shall present its report and recommendations on improvements to
24enforcement of driving under the influence of cannabis, in
25electronic format, to the Governor and the General Assembly no
26later than July 1, 2020.

 

 

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1    (e) The Department of State Police shall provide
2administrative support to the Task Force as needed. The
3Sentencing Policy Advisory Council shall provide data on
4driving under the influence of cannabis offenses and other data
5to the Task Force as needed.
6    (f) This Section is repealed on July 1, 2021.
7(Source: P.A. 101-27, eff. 6-25-19.)
 
8    Section 35. The Cannabis Control Act is amended by changing
9Sections 3, 4, 5, 5.1, and 8 as follows:
 
10    (720 ILCS 550/3)  (from Ch. 56 1/2, par. 703)
11    Sec. 3. As used in this Act, unless the context otherwise
12requires:
13    (a) "Cannabis" includes marihuana, hashish and other
14substances which are identified as including any parts of the
15plant Cannabis Sativa, whether growing or not; the seeds
16thereof, the resin extracted from any part of such plant; and
17any compound, manufacture, salt, derivative, mixture, or
18preparation of such plant, its seeds, or resin, including
19tetrahydrocannabinol (THC) and all other cannabinol
20derivatives, including its naturally occurring or
21synthetically produced ingredients, whether produced directly
22or indirectly by extraction, or independently by means of
23chemical synthesis or by a combination of extraction and
24chemical synthesis; but shall not include the mature stalks of

 

 

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1such plant, fiber produced from such stalks, oil or cake made
2from the seeds of such plant, any other compound, manufacture,
3salt, derivative, mixture, or preparation of such mature stalks
4(except the resin extracted therefrom), fiber, oil or cake, or
5the sterilized seed of such plant which is incapable of
6germination. "Cannabis" does not include industrial hemp as
7defined and authorized under the Industrial Hemp Act.
8    (b) "Casual delivery" means the delivery of not more than
910 grams of any substance containing cannabis without
10consideration.
11    (c) "Department" means the Illinois Department of Human
12Services (as successor to the Department of Alcoholism and
13Substance Abuse) or its successor agency.
14    (d) "Deliver" or "delivery" means the actual, constructive
15or attempted transfer of possession of cannabis, with or
16without consideration, whether or not there is an agency
17relationship.
18    (e) "Department of State Police" means the Department of
19State Police of the State of Illinois or its successor agency.
20    (f) "Director" means the Director of the Department of
21State Police or his designated agent.
22    (g) "Local authorities" means a duly organized State,
23county, or municipal peace unit or police force.
24    (h) "Manufacture" means the production, preparation,
25propagation, compounding, conversion or processing of
26cannabis, either directly or indirectly, by extraction from

 

 

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1substances of natural origin, or independently by means of
2chemical synthesis, or by a combination of extraction and
3chemical synthesis, and includes any packaging or repackaging
4of cannabis or labeling of its container, except that this term
5does not include the preparation, compounding, packaging, or
6labeling of cannabis as an incident to lawful research,
7teaching, or chemical analysis and not for sale.
8    (i) "Person" means any individual, corporation, government
9or governmental subdivision or agency, business trust, estate,
10trust, partnership or association, or any other entity.
11    (j) "Produce" or "production" means planting, cultivating,
12tending or harvesting.
13    (k) "State" includes the State of Illinois and any state,
14district, commonwealth, territory, insular possession thereof,
15and any area subject to the legal authority of the United
16States of America.
17    (l) "Subsequent offense" means an offense under this Act,
18the offender of which, prior to his conviction of the offense,
19has at any time been convicted under this Act or under any laws
20of the United States or of any state relating to cannabis, or
21any controlled substance as defined in the Illinois Controlled
22Substances Act.
23(Source: P.A. 100-1091, eff. 8-26-18.)
 
24    (720 ILCS 550/4)  (from Ch. 56 1/2, par. 704)
25    Sec. 4. Except as otherwise provided in the Cannabis

 

 

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1Regulation and Tax Act and the Industrial Hemp Act, it is
2unlawful for any person knowingly to possess cannabis.
3    Any person who violates this Section with respect to:
4        (a) not more than 10 grams of any substance containing
5    cannabis is guilty of a civil law violation punishable by a
6    minimum fine of $100 and a maximum fine of $200. The
7    proceeds of the fine shall be payable to the clerk of the
8    circuit court. Within 30 days after the deposit of the
9    fine, the clerk shall distribute the proceeds of the fine
10    as follows:
11            (1) $10 of the fine to the circuit clerk and $10 of
12        the fine to the law enforcement agency that issued the
13        citation; the proceeds of each $10 fine distributed to
14        the circuit clerk and each $10 fine distributed to the
15        law enforcement agency that issued the citation for the
16        violation shall be used to defer the cost of automatic
17        expungements under paragraph (2.5) of subsection (a)
18        of Section 5.2 of the Criminal Identification Act;
19            (2) $15 to the county to fund drug addiction
20        services;
21            (3) $10 to the Office of the State's Attorneys
22        Appellate Prosecutor for use in training programs;
23            (4) $10 to the State's Attorney; and
24            (5) any remainder of the fine to the law
25        enforcement agency that issued the citation for the
26        violation.

 

 

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1        With respect to funds designated for the Department of
2    State Police, the moneys shall be remitted by the circuit
3    court clerk to the Department of State Police within one
4    month after receipt for deposit into the State Police
5    Operations Assistance Fund. With respect to funds
6    designated for the Department of Natural Resources, the
7    Department of Natural Resources shall deposit the moneys
8    into the Conservation Police Operations Assistance Fund;
9        (b) more than 10 grams but not more than 30 grams of
10    any substance containing cannabis is guilty of a Class B
11    misdemeanor;
12        (c) more than 30 grams but not more than 100 grams of
13    any substance containing cannabis is guilty of a Class A
14    misdemeanor; provided, that if any offense under this
15    subsection (c) is a subsequent offense, the offender shall
16    be guilty of a Class 4 felony;
17        (d) more than 100 grams but not more than 500 grams of
18    any substance containing cannabis is guilty of a Class 4
19    felony; provided that if any offense under this subsection
20    (d) is a subsequent offense, the offender shall be guilty
21    of a Class 3 felony;
22        (e) more than 500 grams but not more than 2,000 grams
23    of any substance containing cannabis is guilty of a Class 3
24    felony;
25        (f) more than 2,000 grams but not more than 5,000 grams
26    of any substance containing cannabis is guilty of a Class 2

 

 

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1    felony;
2        (g) more than 5,000 grams of any substance containing
3    cannabis is guilty of a Class 1 felony.
4(Source: P.A. 101-27, eff. 6-25-19.)
 
5    (720 ILCS 550/5)  (from Ch. 56 1/2, par. 705)
6    Sec. 5. Except as otherwise provided in the Cannabis
7Regulation and Tax Act and the Industrial Hemp Act, it is
8unlawful for any person knowingly to manufacture, deliver, or
9possess with intent to deliver, or manufacture, cannabis. Any
10person who violates this Section with respect to:
11        (a) not more than 2.5 grams of any substance containing
12    cannabis is guilty of a Class B misdemeanor;
13        (b) more than 2.5 grams but not more than 10 grams of
14    any substance containing cannabis is guilty of a Class A
15    misdemeanor;
16        (c) more than 10 grams but not more than 30 grams of
17    any substance containing cannabis is guilty of a Class 4
18    felony;
19        (d) more than 30 grams but not more than 500 grams of
20    any substance containing cannabis is guilty of a Class 3
21    felony for which a fine not to exceed $50,000 may be
22    imposed;
23        (e) more than 500 grams but not more than 2,000 grams
24    of any substance containing cannabis is guilty of a Class 2
25    felony for which a fine not to exceed $100,000 may be

 

 

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1    imposed;
2        (f) more than 2,000 grams but not more than 5,000 grams
3    of any substance containing cannabis is guilty of a Class 1
4    felony for which a fine not to exceed $150,000 may be
5    imposed;
6        (g) more than 5,000 grams of any substance containing
7    cannabis is guilty of a Class X felony for which a fine not
8    to exceed $200,000 may be imposed.
9(Source: P.A. 101-27, eff. 6-25-19.)
 
10    (720 ILCS 550/5.1)  (from Ch. 56 1/2, par. 705.1)
11    Sec. 5.1. Cannabis trafficking.
12    (a) Except for purposes authorized by this Act, the
13Industrial Hemp Act, or the Cannabis Regulation and Tax Act,
14any person who knowingly brings or causes to be brought into
15this State for the purpose of manufacture or delivery or with
16the intent to manufacture or deliver 2,500 grams or more of
17cannabis in this State or any other state or country is guilty
18of cannabis trafficking.
19    (b) A person convicted of cannabis trafficking shall be
20sentenced to a term of imprisonment not less than twice the
21minimum term and fined an amount as authorized by subsection
22(f) or (g) of Section 5 of this Act, based upon the amount of
23cannabis brought or caused to be brought into this State, and
24not more than twice the maximum term of imprisonment and fined
25twice the amount as authorized by subsection (f) or (g) of

 

 

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1Section 5 of this Act, based upon the amount of cannabis
2brought or caused to be brought into this State.
3(Source: P.A. 101-27, eff. 6-25-19.)
 
4    (720 ILCS 550/8)  (from Ch. 56 1/2, par. 708)
5    Sec. 8. Except as otherwise provided in the Cannabis
6Regulation and Tax Act and the Industrial Hemp Act, it is
7unlawful for any person knowingly to produce the Cannabis
8sativa plant or to possess such plants unless production or
9possession has been authorized pursuant to the provisions of
10Section 11 or 15.2 of the Act. Any person who violates this
11Section with respect to production or possession of:
12        (a) Not more than 5 plants is guilty of a civil
13    violation punishable by a minimum fine of $100 and a
14    maximum fine of $200. The proceeds of the fine are payable
15    to the clerk of the circuit court. Within 30 days after the
16    deposit of the fine, the clerk shall distribute the
17    proceeds of the fine as follows:
18            (1) $10 of the fine to the circuit clerk and $10 of
19        the fine to the law enforcement agency that issued the
20        citation; the proceeds of each $10 fine distributed to
21        the circuit clerk and each $10 fine distributed to the
22        law enforcement agency that issued the citation for the
23        violation shall be used to defer the cost of automatic
24        expungements under paragraph (2.5) of subsection (a)
25        of Section 5.2 of the Criminal Identification Act;

 

 

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1            (2) $15 to the county to fund drug addiction
2        services;
3            (3) $10 to the Office of the State's Attorneys
4        Appellate Prosecutor for use in training programs;
5            (4) $10 to the State's Attorney; and
6            (5) any remainder of the fine to the law
7        enforcement agency that issued the citation for the
8        violation.
9        With respect to funds designated for the Department of
10    State Police, the moneys shall be remitted by the circuit
11    court clerk to the Department of State Police within one
12    month after receipt for deposit into the State Police
13    Operations Assistance Fund. With respect to funds
14    designated for the Department of Natural Resources, the
15    Department of Natural Resources shall deposit the moneys
16    into the Conservation Police Operations Assistance Fund.
17        (b) More than 5, but not more than 20 plants, is guilty
18    of a Class 4 felony.
19        (c) More than 20, but not more than 50 plants, is
20    guilty of a Class 3 felony.
21        (d) More than 50, but not more than 200 plants, is
22    guilty of a Class 2 felony for which a fine not to exceed
23    $100,000 may be imposed and for which liability for the
24    cost of conducting the investigation and eradicating such
25    plants may be assessed. Compensation for expenses incurred
26    in the enforcement of this provision shall be transmitted

 

 

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1    to and deposited in the treasurer's office at the level of
2    government represented by the Illinois law enforcement
3    agency whose officers or employees conducted the
4    investigation or caused the arrest or arrests leading to
5    the prosecution, to be subsequently made available to that
6    law enforcement agency as expendable receipts for use in
7    the enforcement of laws regulating controlled substances
8    and cannabis. If such seizure was made by a combination of
9    law enforcement personnel representing different levels of
10    government, the court levying the assessment shall
11    determine the allocation of such assessment. The proceeds
12    of assessment awarded to the State treasury shall be
13    deposited in a special fund known as the Drug Traffic
14    Prevention Fund.
15        (e) More than 200 plants is guilty of a Class 1 felony
16    for which a fine not to exceed $100,000 may be imposed and
17    for which liability for the cost of conducting the
18    investigation and eradicating such plants may be assessed.
19    Compensation for expenses incurred in the enforcement of
20    this provision shall be transmitted to and deposited in the
21    treasurer's office at the level of government represented
22    by the Illinois law enforcement agency whose officers or
23    employees conducted the investigation or caused the arrest
24    or arrests leading to the prosecution, to be subsequently
25    made available to that law enforcement agency as expendable
26    receipts for use in the enforcement of laws regulating

 

 

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1    controlled substances and cannabis. If such seizure was
2    made by a combination of law enforcement personnel
3    representing different levels of government, the court
4    levying the assessment shall determine the allocation of
5    such assessment. The proceeds of assessment awarded to the
6    State treasury shall be deposited in a special fund known
7    as the Drug Traffic Prevention Fund.
8(Source: P.A. 101-27, eff. 6-25-19.)
 
9    Section 40. The Drug Paraphernalia Control Act is amended
10by changing Sections 2, 3.5, 4, and 6 as follows:
 
11    (720 ILCS 600/2)  (from Ch. 56 1/2, par. 2102)
12    Sec. 2. As used in this Act, unless the context otherwise
13requires:
14    (a) The term "cannabis" shall have the meaning ascribed to
15it in Section 3 of the Cannabis Control Act, as if that
16definition were incorporated herein.
17    (b) The term "controlled substance" shall have the meaning
18ascribed to it in Section 102 of the Illinois Controlled
19Substances Act, as if that definition were incorporated herein.
20    (c) "Deliver" or "delivery" means the actual, constructive
21or attempted transfer of possession, with or without
22consideration, whether or not there is an agency relationship.
23    (d) "Drug paraphernalia" means all equipment, products and
24materials of any kind, other than methamphetamine

 

 

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1manufacturing materials as defined in Section 10 of the
2Methamphetamine Control and Community Protection Act and
3cannabis paraphernalia as defined in Section 1-10 of the
4Cannabis Regulation and Tax Act, which are intended to be used
5unlawfully in planting, propagating, cultivating, growing,
6harvesting, manufacturing, compounding, converting, producing,
7processing, preparing, testing, analyzing, packaging,
8repackaging, storing, containing, concealing, injecting,
9ingesting, inhaling or otherwise introducing into the human
10body cannabis or a controlled substance in violation of the
11Cannabis Control Act, the Illinois Controlled Substances Act,
12or the Methamphetamine Control and Community Protection Act or
13a synthetic drug product or misbranded drug in violation of the
14Illinois Food, Drug and Cosmetic Act. It includes, but is not
15limited to:
16        (1) kits intended to be used unlawfully in
17    manufacturing, compounding, converting, producing,
18    processing or preparing cannabis or a controlled
19    substance;
20        (2) isomerization devices intended to be used
21    unlawfully in increasing the potency of any species of
22    plant which is cannabis or a controlled substance;
23        (3) testing equipment intended to be used unlawfully in
24    a private home for identifying or in analyzing the
25    strength, effectiveness or purity of cannabis or
26    controlled substances;

 

 

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1        (4) diluents and adulterants intended to be used
2    unlawfully for cutting cannabis or a controlled substance
3    by private persons;
4        (5) objects intended to be used unlawfully in
5    ingesting, inhaling, or otherwise introducing cannabis,
6    cocaine, hashish, hashish oil, or a synthetic drug product
7    or misbranded drug in violation of the Illinois Food, Drug
8    and Cosmetic Act into the human body including, where
9    applicable, the following items:
10            (A) water pipes;
11            (B) carburetion tubes and devices;
12            (C) smoking and carburetion masks;
13            (D) miniature cocaine spoons and cocaine vials;
14            (E) carburetor pipes;
15            (F) electric pipes;
16            (G) air-driven pipes;
17            (H) chillums;
18            (I) bongs;
19            (J) ice pipes or chillers;
20        (6) any item whose purpose, as announced or described
21    by the seller, is for use in violation of this Act.
22(Source: P.A. 97-872, eff. 7-31-12.)
 
23    (720 ILCS 600/3.5)
24    Sec. 3.5. Possession of drug paraphernalia.
25    (a) A person who knowingly possesses an item of drug

 

 

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1paraphernalia with the intent to use it in ingesting, inhaling,
2or otherwise introducing cannabis or a controlled substance
3into the human body, or in preparing cannabis or a controlled
4substance for that use, is guilty of a Class A misdemeanor for
5which the court shall impose a minimum fine of $750 in addition
6to any other penalty prescribed for a Class A misdemeanor. This
7subsection (a) does not apply to a person who is legally
8authorized to possess hypodermic syringes or needles under the
9Hypodermic Syringes and Needles Act.
10    (b) In determining intent under subsection (a), the trier
11of fact may take into consideration the proximity of the
12cannabis or controlled substances to drug paraphernalia or the
13presence of cannabis or a controlled substance on the drug
14paraphernalia.
15    (c) If a person violates subsection (a) of Section 4 of the
16Cannabis Control Act, the penalty for possession of any drug
17paraphernalia seized during the violation for that offense
18shall be a civil law violation punishable by a minimum fine of
19$100 and a maximum fine of $200. The proceeds of the fine shall
20be payable to the clerk of the circuit court. Within 30 days
21after the deposit of the fine, the clerk shall distribute the
22proceeds of the fine as follows:
23        (1) $10 of the fine to the circuit clerk and $10 of the
24    fine to the law enforcement agency that issued the
25    citation; the proceeds of each $10 fine distributed to the
26    circuit clerk and each $10 fine distributed to the law

 

 

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1    enforcement agency that issued the citation for the
2    violation shall be used to defer the cost of automatic
3    expungements under paragraph (2.5) of subsection (a) of
4    Section 5.2 of the Criminal Identification Act;
5        (2) $15 to the county to fund drug addiction services;
6        (3) $10 to the Office of the State's Attorneys
7    Appellate Prosecutor for use in training programs;
8        (4) $10 to the State's Attorney; and
9        (5) any remainder of the fine to the law enforcement
10    agency that issued the citation for the violation.
11    With respect to funds designated for the Department of
12State Police, the moneys shall be remitted by the circuit court
13clerk to the Department of State Police within one month after
14receipt for deposit into the State Police Operations Assistance
15Fund. With respect to funds designated for the Department of
16Natural Resources, the Department of Natural Resources shall
17deposit the moneys into the Conservation Police Operations
18Assistance Fund.
19(Source: P.A. 99-697, eff. 7-29-16.)
 
20    (720 ILCS 600/4)  (from Ch. 56 1/2, par. 2104)
21    Sec. 4. Exemptions. This Act does not apply to:
22        (a) Items used in the preparation, compounding,
23    packaging, labeling, or other use of cannabis or a
24    controlled substance as an incident to lawful research,
25    teaching, or chemical analysis and not for sale.

 

 

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1        (b) Items historically and customarily used in
2    connection with the planting, propagating, cultivating,
3    growing, harvesting, manufacturing, compounding,
4    converting, producing, processing, preparing, testing,
5    analyzing, packaging, repackaging, storing, containing,
6    concealing, injecting, ingesting, or inhaling of cannabis,
7    tobacco, or any other lawful substance.
8        Items exempt under this subsection include, but are not
9    limited to, garden hoes, rakes, sickles, baggies, tobacco
10    pipes, and cigarette-rolling papers.
11        (c) Items listed in Section 2 of this Act which are
12    used for decorative purposes, when such items have been
13    rendered completely inoperable or incapable of being used
14    for any illicit purpose prohibited by this Act.
15        (d) A person who is legally authorized to possess
16    hypodermic syringes or needles under the Hypodermic
17    Syringes and Needles Act.
18In determining whether or not a particular item is exempt under
19this Section, the trier of fact should consider, in addition to
20all other logically relevant factors, the following:
21        (1) the general, usual, customary, and historical use
22        to which the item involved has been put;
23        (2) expert evidence concerning the ordinary or
24        customary use of the item and the effect of any
25        peculiarity in the design or engineering of the device
26        upon its functioning;

 

 

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1        (3) any written instructions accompanying the delivery
2        of the item concerning the purposes or uses to which
3        the item can or may be put;
4        (4) any oral instructions provided by the seller of the
5        item at the time and place of sale or commercial
6        delivery;
7        (5) any national or local advertising concerning the
8        design, purpose or use of the item involved, and the
9        entire context in which such advertising occurs;
10        (6) the manner, place and circumstances in which the
11        item was displayed for sale, as well as any item or
12        items displayed for sale or otherwise exhibited upon
13        the premises where the sale was made;
14        (7) whether the owner or anyone in control of the
15        object is a legitimate supplier of like or related
16        items to the community, such as a licensed distributor
17        or dealer of cannabis or tobacco products;
18        (8) the existence and scope of legitimate uses for the
19        object in the community.
20(Source: P.A. 95-331, eff. 8-21-07.)
 
21    (720 ILCS 600/6)  (from Ch. 56 1/2, par. 2106)
22    Sec. 6. This Act is intended to be used solely for the
23suppression of the commercial traffic in and possession of
24items that, within the context of the sale or offering for
25sale, or possession, are clearly and beyond a reasonable doubt

 

 

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1intended for the illegal and unlawful use of cannabis or
2controlled substances. To this end all reasonable and
3common-sense inferences shall be drawn in favor of the
4legitimacy of any transaction or item.
5(Source: P.A. 93-526, eff. 8-12-03.)
 
6    Section 45. The Statewide Grand Jury Act is amended by
7changing Sections 2 and 3 as follows:
 
8    (725 ILCS 215/2)  (from Ch. 38, par. 1702)
9    Sec. 2. (a) County grand juries and State's Attorneys have
10always had and shall continue to have primary responsibility
11for investigating, indicting, and prosecuting persons who
12violate the criminal laws of the State of Illinois. However, in
13recent years organized terrorist activity directed against
14innocent civilians and certain criminal enterprises have
15developed that require investigation, indictment, and
16prosecution on a statewide or multicounty level. The criminal
17enterprises exist as a result of the allure of profitability
18present in narcotic activity, the unlawful sale and transfer of
19firearms, and streetgang related felonies and organized
20terrorist activity is supported by the contribution of money
21and expert assistance from geographically diverse sources. In
22order to shut off the life blood of terrorism and weaken or
23eliminate the criminal enterprises, assets, and property used
24to further these offenses must be frozen, and any profit must

 

 

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1be removed. State statutes exist that can accomplish that goal.
2Among them are the offense of money laundering, the Cannabis
3and Controlled Substances Tax Act, violations of Article 29D of
4the Criminal Code of 1961 or the Criminal Code of 2012, the
5Narcotics Profit Forfeiture Act, and gunrunning. Local
6prosecutors need investigative personnel and specialized
7training to attack and eliminate these profits. In light of the
8transitory and complex nature of conduct that constitutes these
9criminal activities, the many diverse property interests that
10may be used, acquired directly or indirectly as a result of
11these criminal activities, and the many places that illegally
12obtained property may be located, it is the purpose of this Act
13to create a limited, multicounty Statewide Grand Jury with
14authority to investigate, indict, and prosecute: narcotic
15activity, including cannabis and controlled substance
16trafficking, narcotics racketeering, money laundering,
17violations of the Cannabis and Controlled Substances Tax Act,
18and violations of Article 29D of the Criminal Code of 1961 or
19the Criminal Code of 2012; the unlawful sale and transfer of
20firearms; gunrunning; and streetgang related felonies.
21    (b) A Statewide Grand Jury may also investigate, indict,
22and prosecute violations facilitated by the use of a computer
23of any of the following offenses: indecent solicitation of a
24child, sexual exploitation of a child, soliciting for a
25juvenile prostitute, keeping a place of juvenile prostitution,
26juvenile pimping, child pornography, aggravated child

 

 

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1pornography, or promoting juvenile prostitution except as
2described in subdivision (a)(4) of Section 11-14.4 of the
3Criminal Code of 1961 or the Criminal Code of 2012.
4(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
 
5    (725 ILCS 215/3)  (from Ch. 38, par. 1703)
6    Sec. 3. Written application for the appointment of a
7Circuit Judge to convene and preside over a Statewide Grand
8Jury, with jurisdiction extending throughout the State, shall
9be made to the Chief Justice of the Supreme Court. Upon such
10written application, the Chief Justice of the Supreme Court
11shall appoint a Circuit Judge from the circuit where the
12Statewide Grand Jury is being sought to be convened, who shall
13make a determination that the convening of a Statewide Grand
14Jury is necessary.
15    In such application the Attorney General shall state that
16the convening of a Statewide Grand Jury is necessary because of
17an alleged offense or offenses set forth in this Section
18involving more than one county of the State and identifying any
19such offense alleged; and
20        (a) that he or she believes that the grand jury
21    function for the investigation and indictment of the
22    offense or offenses cannot effectively be performed by a
23    county grand jury together with the reasons for such
24    belief, and
25        (b)(1) that each State's Attorney with jurisdiction

 

 

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1    over an offense or offenses to be investigated has
2    consented to the impaneling of the Statewide Grand Jury, or
3        (2) if one or more of the State's Attorneys having
4    jurisdiction over an offense or offenses to be investigated
5    fails to consent to the impaneling of the Statewide Grand
6    Jury, the Attorney General shall set forth good cause for
7    impaneling the Statewide Grand Jury.
8    If the Circuit Judge determines that the convening of a
9Statewide Grand Jury is necessary, he or she shall convene and
10impanel the Statewide Grand Jury with jurisdiction extending
11throughout the State to investigate and return indictments:
12        (a) For violations of any of the following or for any
13    other criminal offense committed in the course of violating
14    any of the following: Article 29D of the Criminal Code of
15    1961 or the Criminal Code of 2012, the Illinois Controlled
16    Substances Act, the Cannabis Control Act, the
17    Methamphetamine Control and Community Protection Act, or
18    the Narcotics Profit Forfeiture Act, or the Cannabis and
19    Controlled Substances Tax Act; a streetgang related felony
20    offense; Section 24-2.1, 24-2.2, 24-3, 24-3A, 24-3.1,
21    24-3.3, 24-3.4, 24-4, or 24-5 or subsection 24-1(a)(4),
22    24-1(a)(6), 24-1(a)(7), 24-1(a)(9), 24-1(a)(10), or
23    24-1(c) of the Criminal Code of 1961 or the Criminal Code
24    of 2012; or a money laundering offense; provided that the
25    violation or offense involves acts occurring in more than
26    one county of this State; and

 

 

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1        (a-5) For violations facilitated by the use of a
2    computer, including the use of the Internet, the World Wide
3    Web, electronic mail, message board, newsgroup, or any
4    other commercial or noncommercial on-line service, of any
5    of the following offenses: indecent solicitation of a
6    child, sexual exploitation of a child, soliciting for a
7    juvenile prostitute, keeping a place of juvenile
8    prostitution, juvenile pimping, child pornography,
9    aggravated child pornography, or promoting juvenile
10    prostitution except as described in subdivision (a)(4) of
11    Section 11-14.4 of the Criminal Code of 1961 or the
12    Criminal Code of 2012; and
13        (b) For the offenses of perjury, subornation of
14    perjury, communicating with jurors and witnesses, and
15    harassment of jurors and witnesses, as they relate to
16    matters before the Statewide Grand Jury.
17    "Streetgang related" has the meaning ascribed to it in
18Section 10 of the Illinois Streetgang Terrorism Omnibus
19Prevention Act.
20    Upon written application by the Attorney General for the
21convening of an additional Statewide Grand Jury, the Chief
22Justice of the Supreme Court shall appoint a Circuit Judge from
23the circuit for which the additional Statewide Grand Jury is
24sought. The Circuit Judge shall determine the necessity for an
25additional Statewide Grand Jury in accordance with the
26provisions of this Section. No more than 2 Statewide Grand

 

 

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1Juries may be empaneled at any time.
2(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.".