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1 | AN ACT concerning health.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The State Finance Act is amended by changing | |||||||||||||||||||
5 | Section 6z-112 as follows: | |||||||||||||||||||
6 | (30 ILCS 105/6z-112) | |||||||||||||||||||
7 | Sec. 6z-112. The Cannabis Regulation Fund. | |||||||||||||||||||
8 | (a) There is created the Cannabis Regulation Fund in the | |||||||||||||||||||
9 | State treasury, subject to appropriations unless otherwise | |||||||||||||||||||
10 | provided in this Section. All moneys collected under the | |||||||||||||||||||
11 | Cannabis Regulation and Tax Act shall be deposited into the | |||||||||||||||||||
12 | Cannabis Regulation Fund, consisting of taxes, license fees, | |||||||||||||||||||
13 | other fees, and any other amounts required to be deposited or | |||||||||||||||||||
14 | transferred into the Fund. | |||||||||||||||||||
15 | (b) Whenever the Department of Revenue determines that a | |||||||||||||||||||
16 | refund should be made under the Cannabis Regulation and Tax | |||||||||||||||||||
17 | Act to a claimant, the Department of Revenue shall submit a | |||||||||||||||||||
18 | voucher for payment to the State Comptroller, who shall cause | |||||||||||||||||||
19 | the order to be drawn for the amount specified and to the | |||||||||||||||||||
20 | person named in the notification from the Department of | |||||||||||||||||||
21 | Revenue. This subsection (b) shall constitute an irrevocable | |||||||||||||||||||
22 | and continuing appropriation of all amounts necessary for the | |||||||||||||||||||
23 | payment of refunds out of the Fund as authorized under this |
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1 | subsection (b). | ||||||
2 | (c) On or before the 25th day of each calendar month, the | ||||||
3 | Department of Revenue shall prepare and certify to the State | ||||||
4 | Comptroller the transfer and allocations of stated sums of | ||||||
5 | money from the Cannabis Regulation Fund to other named funds | ||||||
6 | in the State treasury. The amount subject to transfer shall be | ||||||
7 | the amount of the taxes, license fees, other fees, and any | ||||||
8 | other amounts paid into the Fund during the second preceding | ||||||
9 | calendar month, minus the refunds made under subsection (b) | ||||||
10 | during the second preceding calendar month by the Department. | ||||||
11 | The transfers shall be certified as follows: | ||||||
12 | (1) The Department of Revenue shall first determine | ||||||
13 | the allocations which shall remain in the Cannabis | ||||||
14 | Regulation Fund, subject to appropriations, to pay for the | ||||||
15 | direct and indirect costs associated with the | ||||||
16 | implementation, administration, and enforcement of the | ||||||
17 | Cannabis Regulation and Tax Act by the Department of | ||||||
18 | Revenue, the Department of State Police, the Cannabis | ||||||
19 | Equity and Oversight Commission the Department of | ||||||
20 | Financial and Professional Regulation, the Department of | ||||||
21 | Agriculture , the Department of Public Health, the | ||||||
22 | Department of Commerce and Economic Opportunity, and the | ||||||
23 | Illinois Criminal Justice Information Authority. | ||||||
24 | (2) After the allocations have been made as provided | ||||||
25 | in paragraph (1) of this subsection (c), of the remainder | ||||||
26 | of the amount subject to transfer for the month as |
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1 | determined in this subsection (c), the Department shall | ||||||
2 | certify the transfer into the Cannabis Expungement Fund | ||||||
3 | 1/12 of the fiscal year amount appropriated from the | ||||||
4 | Cannabis Expungement Fund for payment of costs incurred by | ||||||
5 | State courts, the Attorney General, State's Attorneys, | ||||||
6 | civil legal aid, as defined by Section 15 of the Public | ||||||
7 | Interest Attorney Assistance Act, and the Department of | ||||||
8 | State Police to facilitate petitions for expungement of | ||||||
9 | Minor Cannabis Offenses pursuant to Public Act 101-27, as | ||||||
10 | adjusted by any supplemental appropriation, plus | ||||||
11 | cumulative deficiencies in such transfers for prior | ||||||
12 | months. | ||||||
13 | (2.5) Beginning July 1, 2022, after allocations have | ||||||
14 | been made as provided in paragraphs (1) and (2), the | ||||||
15 | Department of Revenue shall certify to the State | ||||||
16 | Comptroller, and the State Treasurer shall transfer, an | ||||||
17 | amount that the Department of Revenue determines shall be | ||||||
18 | transferred according to the following: | ||||||
19 | (A) 10% shall be transferred to the Cannabis | ||||||
20 | Business Development Fund to be used for the purposes | ||||||
21 | of issuing loans and grants to Social Equity | ||||||
22 | Applicants and Ancillary Social Equity Businesses, as | ||||||
23 | defined under Section 1-10 of the Cannabis Regulation | ||||||
24 | and Tax Act. Expenditures for these purposes shall be | ||||||
25 | subject to appropriation. | ||||||
26 | (3) After the allocations have been made as provided |
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1 | in paragraphs (1) , and (2) , and (2.5) of this subsection | ||||||
2 | (c), the Department of Revenue shall certify to the State | ||||||
3 | Comptroller and the State Treasurer shall transfer the | ||||||
4 | amounts that the Department of Revenue determines shall be | ||||||
5 | transferred into the following named funds according to | ||||||
6 | the following: | ||||||
7 | (A) 2% shall be transferred to the Drug Treatment | ||||||
8 | Fund to be used by the Department of Human Services | ||||||
9 | for: (i) developing and administering a scientifically | ||||||
10 | and medically accurate public education campaign | ||||||
11 | educating youth and adults about the health and safety | ||||||
12 | risks of alcohol, tobacco, illegal drug use (including | ||||||
13 | prescription drugs), and cannabis, including use by | ||||||
14 | pregnant women; and (ii) data collection and analysis | ||||||
15 | of the public health impacts of legalizing the | ||||||
16 | recreational use of cannabis. Expenditures for these | ||||||
17 | purposes shall be subject to appropriations. | ||||||
18 | (B) 8% shall be transferred to the Local | ||||||
19 | Government Distributive Fund and allocated as provided | ||||||
20 | in Section 2 of the State Revenue Sharing Act. The | ||||||
21 | moneys shall be used to fund crime prevention | ||||||
22 | programs, training, and interdiction efforts, | ||||||
23 | including detection, enforcement, and prevention | ||||||
24 | efforts, relating to the illegal cannabis market and | ||||||
25 | driving under the influence of cannabis. | ||||||
26 | (C) 25% shall be transferred to the Criminal |
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1 | Justice Information Projects Fund to be used for the | ||||||
2 | purposes of the Restore, Reinvest, and Renew Program | ||||||
3 | to address economic development, violence prevention | ||||||
4 | services, re-entry services, youth development, and | ||||||
5 | civil legal aid, as defined by Section 15 of the Public | ||||||
6 | Interest Attorney Assistance Act. The Restore, | ||||||
7 | Reinvest, and Renew Program shall address these issues | ||||||
8 | through targeted investments and intervention programs | ||||||
9 | and promotion of an employment infrastructure and | ||||||
10 | capacity building related to the social determinants | ||||||
11 | of health in impacted community areas. Expenditures | ||||||
12 | for these purposes shall be subject to appropriations. | ||||||
13 | (D) 20% shall be transferred to the Department of | ||||||
14 | Human Services Community Services Fund, to be used to | ||||||
15 | address substance abuse and prevention and mental | ||||||
16 | health concerns, including treatment, education, and | ||||||
17 | prevention to address the negative impacts of | ||||||
18 | substance abuse and mental health issues, including | ||||||
19 | concentrated poverty, violence, and the historical | ||||||
20 | overuse of criminal justice responses in certain | ||||||
21 | communities, on the individual, family, and community, | ||||||
22 | including federal, State, and local governments, | ||||||
23 | health care institutions and providers, and | ||||||
24 | correctional facilities. Expenditures for these | ||||||
25 | purposes shall be subject to appropriations. | ||||||
26 | (E) 10% shall be transferred to the Budget |
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1 | Stabilization Fund. | ||||||
2 | (F) 35%, or any remaining balance, shall be | ||||||
3 | transferred to the General Revenue Fund. | ||||||
4 | As soon as may be practical, but no later than 10 days | ||||||
5 | after receipt, by the State Comptroller of the transfer | ||||||
6 | certification provided for in this subsection (c) to be given | ||||||
7 | to the State Comptroller by the Department of Revenue, the | ||||||
8 | State Comptroller shall direct and the State Treasurer shall | ||||||
9 | transfer the respective amounts in accordance with the | ||||||
10 | directions contained in such certification. | ||||||
11 | (d) On July 1, 2019 the Department of Revenue shall | ||||||
12 | certify to the State Comptroller and the State Treasurer shall | ||||||
13 | transfer $5,000,000 from the Compassionate Use of Medical | ||||||
14 | Cannabis Fund to the Cannabis Regulation Fund. | ||||||
15 | (e) Notwithstanding any other law to the contrary and | ||||||
16 | except as otherwise provided in this Section, this Fund is not | ||||||
17 | subject to sweeps, administrative charge-backs, or any other | ||||||
18 | fiscal or budgetary maneuver that would in any way transfer | ||||||
19 | any amounts from this Fund into any other fund of the State. | ||||||
20 | (f) The Cannabis Regulation Fund shall retain a balance of | ||||||
21 | $1,000,000 for the purposes of administrative costs. | ||||||
22 | (g) (Blank). In Fiscal Year 2024 the allocations in | ||||||
23 | subsection (c) of this Section shall be reviewed and adjusted | ||||||
24 | if the General Assembly finds there is a greater need for | ||||||
25 | funding for a specific purpose in the State as it relates to | ||||||
26 | Public Act 101-27. |
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1 | (h) If the Cannabis Cultivation Privilege Tax imposed | ||||||
2 | under Article 60 of the Cannabis Regulation and Tax Act or the | ||||||
3 | Cannabis Excise Tax imposed under Article 65 of the Cannabis | ||||||
4 | Regulation and Tax Act is adjusted, the Cannabis Equity and | ||||||
5 | Oversight Commission must submit its recommendations to the | ||||||
6 | General Assembly for any changes to the allocations set under | ||||||
7 | subsection (c) within 180 calendar days after the effective | ||||||
8 | date of this amendatory Act of the 102 General Assembly, if the | ||||||
9 | Cannabis Equity and Oversight Commission finds there is a | ||||||
10 | greater need for funding for a specific purpose in the State as | ||||||
11 | it relates to Public Act 101-27. The Cannabis Equity and | ||||||
12 | Oversight Commission may conduct a market study to support its | ||||||
13 | recommendations. The Commission's recommendations must be | ||||||
14 | submitted to the General Assembly in writing and posted on the | ||||||
15 | Commission's website. | ||||||
16 | (i) Within the next fiscal year after receiving the | ||||||
17 | Cannabis Equity and Oversight Commission's recommendations | ||||||
18 | under subsection (g), and not before, the General Assembly | ||||||
19 | must vote to maintain or change the allocations set under | ||||||
20 | subsection (c). The General Assembly may only adjust the | ||||||
21 | allocations set under subsection (c) if the General Assembly | ||||||
22 | finds that there is a greater need for funding for a specific | ||||||
23 | purpose in the State as it relates to Public Act 101-27.
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24 | (Source: P.A. 101-27, eff. 6-25-19; 102-558, eff. 8-20-21.) | ||||||
25 | Section 10. The Cannabis Regulation and Tax Act is amended |
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1 | by changing Sections 1-10, 5-5, 5-10, 5-15, 5-20, 5-25, 5-30, | ||||||
2 | 5-45, 7-10, 7-15, 7-20, 7-25, 7-30, 10-5, 10-10, 10-15, 10-20, | ||||||
3 | 10-35, 10-40, 10-45, 10-50, 15-5, 15-15, 15-20, 15-25, | ||||||
4 | 15-30.20, 15-35.10, 15-35.20, 15-55, 15-75, 15-80, 15-85, | ||||||
5 | 15-90, 15-100, 15-110, 15-120, 15-125, 15-135, 15-140, 15-145, | ||||||
6 | 15-150, 15-155, 15-160, 15-165, 15-170, 15-175, 20-1, 20-5, | ||||||
7 | 20-15, 20-21, 20-30, 20-55, 25-1, 25-5, 25-10, 25-15, 25-25, | ||||||
8 | 25-30, 25-35, 25-40, 30-3, 30-5, 30-10, 30-20, 30-30, 30-45, | ||||||
9 | 30-55, 35-3, 35-5, 35-10, 35-25, 35-31, 35-45, 40-1, 40-5, | ||||||
10 | 40-10, 40-25, 40-45, 45-5, 45-10, 45-20, 50-5, 55-5, 55-10, | ||||||
11 | 55-15, 55-21, 55-30, 55-35, 55-40, 55-45, 55-50, 55-55, 55-60, | ||||||
12 | 55-65, 55-85, 65-5, and by adding Section 5-50 and Articles 70 | ||||||
13 | and 75 as follows: | ||||||
14 | (410 ILCS 705/1-10)
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15 | Sec. 1-10. Definitions. In this Act: | ||||||
16 | "Adult Use Cultivation Center License" means a license | ||||||
17 | issued by the Commission Department of Agriculture that | ||||||
18 | permits a person to act as a cultivation center under this Act | ||||||
19 | and any administrative rule made in furtherance of this Act. | ||||||
20 | "Adult Use Dispensing Organization License" means a | ||||||
21 | license issued by the Commission Department of Financial and | ||||||
22 | Professional Regulation that permits a person to act as a | ||||||
23 | dispensing organization under this Act and any administrative | ||||||
24 | rule made in furtherance of this Act. | ||||||
25 | "Advertise" means to engage in promotional activities |
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1 | including, but not limited to: newspaper, radio, Internet and | ||||||
2 | electronic media, and television advertising; the distribution | ||||||
3 | of fliers and circulars; billboard advertising; and the | ||||||
4 | display of window and interior signs. "Advertise" does not | ||||||
5 | mean exterior signage displaying only the name of the licensed | ||||||
6 | cannabis business establishment. | ||||||
7 | "Ancillary social equity business" means a small business | ||||||
8 | that provides goods or services in the medical and adult use | ||||||
9 | cannabis industry and that meets the criteria of a social | ||||||
10 | equity applicant, or other criteria that may be set forth by | ||||||
11 | rule. | ||||||
12 | "Application points" means the number of points a | ||||||
13 | Dispensary Applicant receives on an application for a | ||||||
14 | Conditional Adult Use Dispensing Organization License. | ||||||
15 | "BLS Region" means a region in Illinois used by the United | ||||||
16 | States Bureau of Labor Statistics to gather and categorize | ||||||
17 | certain employment and wage data. The 17 such regions in | ||||||
18 | Illinois are: Bloomington, Cape Girardeau, Carbondale-Marion, | ||||||
19 | Champaign-Urbana, Chicago-Naperville-Elgin, Danville, | ||||||
20 | Davenport-Moline-Rock Island, Decatur, Kankakee, Peoria, | ||||||
21 | Rockford, St. Louis, Springfield, Northwest Illinois | ||||||
22 | nonmetropolitan area, West Central Illinois nonmetropolitan | ||||||
23 | area, East Central Illinois nonmetropolitan area, and South | ||||||
24 | Illinois nonmetropolitan area. | ||||||
25 | "By lot" means a randomized method of choosing between 2 | ||||||
26 | or more Eligible Tied Applicants or 2 or more Qualifying |
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1 | Applicants. | ||||||
2 | "Cannabis" means marijuana, hashish, and other substances | ||||||
3 | that are identified as including any parts of the plant | ||||||
4 | Cannabis sativa and including derivatives or subspecies, such | ||||||
5 | as indica, of all strains of cannabis, whether growing or not; | ||||||
6 | the seeds thereof, the resin extracted from any part of the | ||||||
7 | plant; and any compound, manufacture, salt, derivative, | ||||||
8 | mixture, or preparation of the plant, its seeds, or resin, | ||||||
9 | including tetrahydrocannabinol (THC) and all other naturally | ||||||
10 | produced cannabinol derivatives, whether produced directly or | ||||||
11 | indirectly by extraction; however, "cannabis" does not include | ||||||
12 | the mature stalks of the plant, fiber produced from the | ||||||
13 | stalks, oil or cake made from the seeds of the plant, any other | ||||||
14 | compound, manufacture, salt, derivative, mixture, or | ||||||
15 | preparation of the mature stalks (except the resin extracted | ||||||
16 | from it), fiber, oil or cake, or the sterilized seed of the | ||||||
17 | plant that is incapable of germination. "Cannabis" does not | ||||||
18 | include industrial hemp as defined and authorized under the | ||||||
19 | Industrial Hemp Act. "Cannabis" also means cannabis flower, | ||||||
20 | concentrate, and cannabis-infused products. | ||||||
21 | "Cannabis business establishment" means a cultivation | ||||||
22 | center, craft grower, processing organization, infuser | ||||||
23 | organization, dispensing organization, or transporting | ||||||
24 | organization , or any other organization the Commission may | ||||||
25 | determine is a cannabis business establishment . | ||||||
26 | "Cannabis concentrate" means a product derived from |
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1 | cannabis that is produced by extracting cannabinoids, | ||||||
2 | including tetrahydrocannabinol (THC), from the plant through | ||||||
3 | the use of propylene glycol, glycerin, butter, olive oil , or | ||||||
4 | other typical cooking fats; water, ice, or dry ice; or butane, | ||||||
5 | propane, CO 2 , ethanol, or isopropanol and with the intended | ||||||
6 | use of smoking or making a cannabis-infused product. The use | ||||||
7 | of any other solvent is expressly prohibited unless and until | ||||||
8 | it is approved by the Commission Department of Agriculture . | ||||||
9 | "Cannabis container" means a sealed or resealable, | ||||||
10 | traceable, container, or package used for the purpose of | ||||||
11 | containment of cannabis or cannabis-infused product during | ||||||
12 | transportation. | ||||||
13 | "Cannabis flower" means marijuana, hashish, and other | ||||||
14 | substances that are identified as including any parts of the | ||||||
15 | plant Cannabis sativa and including derivatives or subspecies, | ||||||
16 | such as indica, of all strains of cannabis; including raw | ||||||
17 | kief, leaves, and buds, but not resin that has been extracted | ||||||
18 | from any part of such plant; nor any compound, manufacture, | ||||||
19 | salt, derivative, mixture, or preparation of such plant, its | ||||||
20 | seeds, or resin. | ||||||
21 | "Cannabis-infused product" means a beverage, food, oil, | ||||||
22 | ointment, tincture, topical formulation, or another product | ||||||
23 | containing cannabis or cannabis concentrate that is not | ||||||
24 | intended to be smoked. | ||||||
25 | "Cannabis paraphernalia" means equipment, products, or | ||||||
26 | materials intended to be used for planting, propagating, |
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1 | cultivating, growing, harvesting, manufacturing, producing, | ||||||
2 | processing, preparing, testing, analyzing, packaging, | ||||||
3 | repackaging, storing, containing, concealing, ingesting, or | ||||||
4 | otherwise introducing cannabis into the human body. | ||||||
5 | "Cannabis plant monitoring system" or "plant monitoring | ||||||
6 | system" means a system that includes, but is not limited to, | ||||||
7 | testing and data collection established and maintained by the | ||||||
8 | cultivation center, craft grower, or processing organization | ||||||
9 | and that is available to the Commission and the Department of | ||||||
10 | Revenue , the Department of Agriculture, the Department of | ||||||
11 | Financial and Professional Regulation, and the Illinois State | ||||||
12 | Police for the purposes of documenting each cannabis plant and | ||||||
13 | monitoring plant development throughout the life cycle of a | ||||||
14 | cannabis plant cultivated for the intended use by a customer | ||||||
15 | from seed planting to final packaging. | ||||||
16 | "Cannabis testing facility" means an entity registered by | ||||||
17 | the Commission Department of Agriculture to test cannabis for | ||||||
18 | potency and contaminants. | ||||||
19 | "Clone" means a plant section from a female cannabis plant | ||||||
20 | not yet rootbound, growing in a water solution or other | ||||||
21 | propagation matrix, that is capable of developing into a new | ||||||
22 | plant. | ||||||
23 | "Commission" means the Cannabis Equity and Oversight | ||||||
24 | Commission created under Section 5-50. | ||||||
25 | "Commissioner" means a member of the Commission. | ||||||
26 | "Community College Cannabis Vocational Training Pilot |
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1 | Program faculty participant" means a person who is 21 years of | ||||||
2 | age or older, licensed by the Commission Department of | ||||||
3 | Agriculture , and is employed or contracted by an Illinois | ||||||
4 | community college to provide student instruction using | ||||||
5 | cannabis plants at an Illinois Community College. | ||||||
6 | "Community College Cannabis Vocational Training Pilot | ||||||
7 | Program faculty participant Agent Identification Card" means a | ||||||
8 | document issued by the Commission Department of Agriculture | ||||||
9 | that identifies a person as a Community College Cannabis | ||||||
10 | Vocational Training Pilot Program faculty participant. | ||||||
11 | "Compassionate Use of Medical Cannabis Program" or | ||||||
12 | "Program" means the program established under the | ||||||
13 | Compassionate Use of Medical Cannabis Program Act, originally | ||||||
14 | codified under Public Act 101-363, that has been combined with | ||||||
15 | this Act for the purpose of streamlining the governance of the | ||||||
16 | medical and adult use cannabis programs. | ||||||
17 | "Conditional Adult Use Dispensing Organization License" | ||||||
18 | means a contingent license awarded to applicants for an Adult | ||||||
19 | Use Dispensing Organization License that reserves the right to | ||||||
20 | an Adult Use Dispensing Organization License if the applicant | ||||||
21 | meets certain conditions described in this Act, but does not | ||||||
22 | entitle the recipient to begin purchasing or selling cannabis | ||||||
23 | or cannabis-infused products. | ||||||
24 | "Conditional Adult Use Cultivation Center License" means a | ||||||
25 | license awarded to top-scoring applicants for an Adult Use | ||||||
26 | Cultivation Center License that reserves the right to an Adult |
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1 | Use Cultivation Center License if the applicant meets certain | ||||||
2 | conditions as determined by the Commission Department of | ||||||
3 | Agriculture by rule, but does not entitle the recipient to | ||||||
4 | begin growing, processing, or selling cannabis or | ||||||
5 | cannabis-infused products. | ||||||
6 | "Craft grower" means a facility operated by an | ||||||
7 | organization or business that is licensed by the Commission | ||||||
8 | Department of Agriculture to cultivate, dry, cure, and package | ||||||
9 | cannabis and perform other necessary activities to make | ||||||
10 | cannabis available for sale at a dispensing organization or | ||||||
11 | use at a processing organization. A craft grower may contain | ||||||
12 | up to 5,000 square feet of canopy space on its premises for | ||||||
13 | plants in the flowering state. The Commission Department of | ||||||
14 | Agriculture may authorize an increase or decrease of flowering | ||||||
15 | stage cultivation space in increments of 3,000 square feet by | ||||||
16 | rule based on market need, craft grower capacity, and the | ||||||
17 | licensee's history of compliance or noncompliance, with a | ||||||
18 | maximum space of 14,000 square feet for cultivating plants in | ||||||
19 | the flowering stage, which must be cultivated in all stages of | ||||||
20 | growth in an enclosed and secure area. A craft grower may share | ||||||
21 | premises with a processing organization or a dispensing | ||||||
22 | organization, or both, provided each licensee stores currency | ||||||
23 | and cannabis or cannabis-infused products in a separate | ||||||
24 | secured vault to which the other licensee does not have access | ||||||
25 | or all licensees sharing a vault share more than 50% of the | ||||||
26 | same ownership. |
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1 | "Craft grower agent" means a principal officer, board | ||||||
2 | member, employee, or other agent of a craft grower who is 21 | ||||||
3 | years of age or older. | ||||||
4 | "Craft Grower Agent Identification Card" means a document | ||||||
5 | issued by the Commission Department of Agriculture that | ||||||
6 | identifies a person as a craft grower agent. | ||||||
7 | "Cultivation center" means a facility operated by an | ||||||
8 | organization or business that is licensed by the Commission | ||||||
9 | Department of Agriculture to cultivate, process, transport | ||||||
10 | (unless otherwise limited by this Act), and perform other | ||||||
11 | necessary activities to provide cannabis and cannabis-infused | ||||||
12 | products to cannabis business establishments. | ||||||
13 | "Cultivation center agent" means a principal officer, | ||||||
14 | board member, employee, or other agent of a cultivation center | ||||||
15 | who is 21 years of age or older. | ||||||
16 | "Cultivation Center Agent Identification Card" means a | ||||||
17 | document issued by the Commission Department of Agriculture | ||||||
18 | that identifies a person as a cultivation center agent. | ||||||
19 | "Currency" means currency and coin of the United States. | ||||||
20 | "Dispensary" means a facility operated by a dispensing | ||||||
21 | organization at which activities licensed by this Act may | ||||||
22 | occur. | ||||||
23 | "Dispensary Applicant" means the Proposed Dispensing | ||||||
24 | Organization Name as stated on an application for a | ||||||
25 | Conditional Adult Use Dispensing Organization License. | ||||||
26 | "Dispensing organization" means a facility operated by an |
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1 | organization or business that is licensed by the Commission | ||||||
2 | Department of Financial and Professional Regulation to acquire | ||||||
3 | cannabis from a cultivation center, craft grower, processing | ||||||
4 | organization, or another dispensary for the purpose of selling | ||||||
5 | or dispensing cannabis, cannabis-infused products, cannabis | ||||||
6 | seeds, paraphernalia, or related supplies under this Act to | ||||||
7 | purchasers or to qualified registered medical cannabis | ||||||
8 | patients and caregivers. As used in this Act, "dispensing | ||||||
9 | organization" includes a registered medical cannabis | ||||||
10 | organization as defined in the Compassionate Use of Medical | ||||||
11 | Cannabis Program Act or its successor Act that has obtained an | ||||||
12 | Early Approval Adult Use Dispensing Organization License. | ||||||
13 | "Dispensing organization agent" means a principal officer, | ||||||
14 | employee, or agent of a dispensing organization who is 21 | ||||||
15 | years of age or older. | ||||||
16 | "Dispensing organization agent identification card" means | ||||||
17 | a document issued by the Commission Department of Financial | ||||||
18 | and Professional Regulation that identifies a person as a | ||||||
19 | dispensing organization agent. | ||||||
20 | "Disproportionately Impacted Area" means a census tract or | ||||||
21 | comparable geographic area that satisfies the following | ||||||
22 | criteria as determined by the Department of Commerce and | ||||||
23 | Economic Opportunity, that: | ||||||
24 | (1) meets at least one of the following criteria: | ||||||
25 | (A) the area has a poverty rate of at least 20% | ||||||
26 | according to the latest federal decennial census; or |
| |||||||
| |||||||
1 | (B) 75% or more of the children in the area | ||||||
2 | participate in the federal free lunch program | ||||||
3 | according to reported statistics from the State Board | ||||||
4 | of Education; or | ||||||
5 | (C) at least 20% of the households in the area | ||||||
6 | receive assistance under the Supplemental Nutrition | ||||||
7 | Assistance Program; or | ||||||
8 | (D) the area has an average unemployment rate, as | ||||||
9 | determined by the Illinois Department of Employment | ||||||
10 | Security, that is more than 120% of the national | ||||||
11 | unemployment average, as determined by the United | ||||||
12 | States Department of Labor, for a period of at least 2 | ||||||
13 | consecutive calendar years preceding the date of the | ||||||
14 | application; and | ||||||
15 | (2) has high rates of arrest, conviction, and | ||||||
16 | incarceration related to the sale, possession, use, | ||||||
17 | cultivation, manufacture, or transport of cannabis ; and . | ||||||
18 | (3) meets any other criteria determined by the | ||||||
19 | Commission using data sources, by rule. | ||||||
20 | "Early Approval Adult Use Cultivation Center License" | ||||||
21 | means a license that permits a medical cannabis cultivation | ||||||
22 | center licensed under the Compassionate Use of Medical | ||||||
23 | Cannabis Program Act as of the effective date of this Act to | ||||||
24 | begin cultivating, infusing, packaging, transporting (unless | ||||||
25 | otherwise provided in this Act), processing , and selling | ||||||
26 | cannabis or cannabis-infused product to cannabis business |
| |||||||
| |||||||
1 | establishments for resale to purchasers as permitted by this | ||||||
2 | Act as of January 1, 2020. | ||||||
3 | "Early Approval Adult Use Dispensing Organization License" | ||||||
4 | means a license that permits a medical cannabis dispensing | ||||||
5 | organization licensed under the Compassionate Use of Medical | ||||||
6 | Cannabis Program Act as of the effective date of this Act to | ||||||
7 | begin selling cannabis or cannabis-infused product to | ||||||
8 | purchasers as permitted by this Act as of January 1, 2020. | ||||||
9 | "Early Approval Adult Use Dispensing Organization at a | ||||||
10 | secondary site" means a license that permits a medical | ||||||
11 | cannabis dispensing organization licensed under the | ||||||
12 | Compassionate Use of Medical Cannabis Program Act as of the | ||||||
13 | effective date of this Act to begin selling cannabis or | ||||||
14 | cannabis-infused product to purchasers as permitted by this | ||||||
15 | Act on January 1, 2020 at a different dispensary location from | ||||||
16 | its existing registered medical dispensary location. | ||||||
17 | "Eligible Tied Applicant" means a Tied Applicant that is | ||||||
18 | eligible to participate in the process by which a remaining | ||||||
19 | available license is distributed by lot pursuant to a Tied | ||||||
20 | Applicant Lottery. | ||||||
21 | "Enclosed, locked facility" means a room, greenhouse, | ||||||
22 | building, or other enclosed area equipped with locks or other | ||||||
23 | security devices that permit access only by cannabis business | ||||||
24 | establishment agents working for the licensed cannabis | ||||||
25 | business establishment or acting pursuant to this Act to | ||||||
26 | cultivate, process, store, or distribute cannabis. |
| |||||||
| |||||||
1 | "Enclosed, locked space" means a closet, room, greenhouse, | ||||||
2 | building , or other enclosed area equipped with locks or other | ||||||
3 | security devices that permit access only by authorized | ||||||
4 | individuals under this Act. "Enclosed, locked space" may | ||||||
5 | include: | ||||||
6 | (1) a space within a residential building that (i) is | ||||||
7 | the primary residence of the individual cultivating 5 or | ||||||
8 | fewer cannabis plants that are more than 5 inches tall and | ||||||
9 | (ii) includes sleeping quarters and indoor plumbing. The | ||||||
10 | space must only be accessible by a key or code that is | ||||||
11 | different from any key or code that can be used to access | ||||||
12 | the residential building from the exterior; or | ||||||
13 | (2) a structure, such as a shed or greenhouse, that | ||||||
14 | lies on the same plot of land as a residential building | ||||||
15 | that (i) includes sleeping quarters and indoor plumbing | ||||||
16 | and (ii) is used as a primary residence by the person | ||||||
17 | cultivating 5 or fewer cannabis plants that are more than | ||||||
18 | 5 inches tall, such as a shed or greenhouse. The structure | ||||||
19 | must remain locked when it is unoccupied by people. | ||||||
20 | "Financial institution" has the same meaning as "financial | ||||||
21 | organization" as defined in Section 1501 of the Illinois | ||||||
22 | Income Tax Act, and also includes the holding companies, | ||||||
23 | subsidiaries, and affiliates of such financial organizations. | ||||||
24 | "Flowering stage" means the stage of cultivation where and | ||||||
25 | when a cannabis plant is cultivated to produce plant material | ||||||
26 | for cannabis products. This includes mature plants as follows: |
| |||||||
| |||||||
1 | (1) if greater than 2 stigmas are visible at each | ||||||
2 | internode of the plant; or | ||||||
3 | (2) if the cannabis plant is in an area that has been | ||||||
4 | intentionally deprived of light for a period of time | ||||||
5 | intended to produce flower buds and induce maturation, | ||||||
6 | from the moment the light deprivation began through the | ||||||
7 | remainder of the marijuana plant growth cycle. | ||||||
8 | "Individual" means a natural person. | ||||||
9 | "Infuser organization" or "infuser" means a facility | ||||||
10 | operated by an organization or business that is licensed by | ||||||
11 | the Commission Department of Agriculture to directly | ||||||
12 | incorporate cannabis or cannabis concentrate into a product | ||||||
13 | formulation to produce a cannabis-infused product. | ||||||
14 | "Kief" means the resinous crystal-like trichomes that are | ||||||
15 | found on cannabis and that are accumulated, resulting in a | ||||||
16 | higher concentration of cannabinoids, untreated by heat or | ||||||
17 | pressure, or extracted using a solvent. | ||||||
18 | "Labor peace agreement" means an agreement between a | ||||||
19 | cannabis business establishment and any labor organization | ||||||
20 | recognized under the National Labor Relations Act, referred to | ||||||
21 | in this Act as a bona fide labor organization, that prohibits | ||||||
22 | labor organizations and members from engaging in picketing, | ||||||
23 | work stoppages, boycotts, and any other economic interference | ||||||
24 | with the cannabis business establishment. This agreement means | ||||||
25 | that the cannabis business establishment has agreed not to | ||||||
26 | disrupt efforts by the bona fide labor organization to |
| |||||||
| |||||||
1 | communicate with, and attempt to organize and represent, the | ||||||
2 | cannabis business establishment's employees. The agreement | ||||||
3 | shall provide a bona fide labor organization access at | ||||||
4 | reasonable times to areas in which the cannabis business | ||||||
5 | establishment's employees work, for the purpose of meeting | ||||||
6 | with employees to discuss their right to representation, | ||||||
7 | employment rights under State law, and terms and conditions of | ||||||
8 | employment. This type of agreement shall not mandate a | ||||||
9 | particular method of election or certification of the bona | ||||||
10 | fide labor organization. | ||||||
11 | "Limited access area" means a room or other area under the | ||||||
12 | control of a cannabis dispensing organization licensed under | ||||||
13 | this Act and upon the licensed premises where cannabis sales | ||||||
14 | occur with access limited to purchasers, dispensing | ||||||
15 | organization owners and other dispensing organization agents, | ||||||
16 | or service professionals conducting business with the | ||||||
17 | dispensing organization, or, if sales to registered qualifying | ||||||
18 | patients, caregivers, provisional patients, and Opioid | ||||||
19 | Alternative Pilot Program participants licensed pursuant to | ||||||
20 | Article 70 the Compassionate Use of Medical Cannabis Program | ||||||
21 | Act are also permitted at the dispensary, registered | ||||||
22 | qualifying patients, caregivers, provisional patients, and | ||||||
23 | Opioid Alternative Pilot Program participants. | ||||||
24 | "Loan" means a loan or debt support from a facility | ||||||
25 | established through a financial intermediary agreement. | ||||||
26 | "Member of an impacted family" means an individual who has |
| |||||||
| |||||||
1 | a parent, legal guardian, child, spouse, or dependent, or was | ||||||
2 | a dependent of an individual who, prior to the effective date | ||||||
3 | of this Act, was arrested for, convicted of, or adjudicated | ||||||
4 | delinquent for any offense that is eligible for expungement | ||||||
5 | under this Act. | ||||||
6 | "Mother plant" means a cannabis plant that is cultivated | ||||||
7 | or maintained for the purpose of generating clones, and that | ||||||
8 | will not be used to produce plant material for sale to an | ||||||
9 | infuser or dispensing organization. | ||||||
10 | "Ordinary public view" means within the sight line with | ||||||
11 | normal visual range of a person, unassisted by visual aids, | ||||||
12 | from a public street or sidewalk adjacent to real property, or | ||||||
13 | from within an adjacent property. | ||||||
14 | "Ownership and control" means ownership of at least 51% of | ||||||
15 | the business, including corporate stock if a corporation, and | ||||||
16 | control over the management and day-to-day operations of the | ||||||
17 | business and an interest in the capital, assets, and profits | ||||||
18 | and losses of the business proportionate to percentage of | ||||||
19 | ownership. | ||||||
20 | "Person" means a natural individual, firm, partnership, | ||||||
21 | association, joint stock company, joint venture, public or | ||||||
22 | private corporation, limited liability company, or a receiver, | ||||||
23 | executor, trustee, guardian, or other representative appointed | ||||||
24 | by order of any court. | ||||||
25 | "Possession limit" means the amount of cannabis under | ||||||
26 | Section 10-10 that may be possessed at any one time by a person |
| |||||||
| |||||||
1 | 21 years of age or older or who is a registered qualifying | ||||||
2 | medical cannabis patient or caregiver under Article 70 the | ||||||
3 | Compassionate Use of Medical Cannabis Program Act . | ||||||
4 | "Principal officer" includes a cannabis business | ||||||
5 | establishment applicant or licensed cannabis business | ||||||
6 | establishment's board member, owner with more than 1% interest | ||||||
7 | of the total cannabis business establishment or more than 5% | ||||||
8 | interest of the total cannabis business establishment of a | ||||||
9 | publicly traded company, president, vice president, secretary, | ||||||
10 | treasurer, partner, officer, member, manager member, or person | ||||||
11 | with a profit sharing, financial interest, or revenue sharing | ||||||
12 | arrangement. The definition includes a person with authority | ||||||
13 | to control the cannabis business establishment, a person who | ||||||
14 | assumes responsibility for the debts of the cannabis business | ||||||
15 | establishment and who is further defined in this Act. | ||||||
16 | "Primary residence" means a dwelling where a person | ||||||
17 | usually stays or stays more often than other locations. It may | ||||||
18 | be determined by, without limitation, presence, tax filings; | ||||||
19 | address on an Illinois driver's license, an Illinois | ||||||
20 | Identification Card, or an Illinois Person with a Disability | ||||||
21 | Identification Card; or voter registration. No person may have | ||||||
22 | more than one primary residence. | ||||||
23 | "Processing organization" or "processor" means a facility | ||||||
24 | operated by an organization or business that is licensed by | ||||||
25 | the Commission Department of Agriculture to either extract | ||||||
26 | constituent chemicals or compounds to produce cannabis |
| |||||||
| |||||||
1 | concentrate or incorporate cannabis or cannabis concentrate | ||||||
2 | into a product formulation to produce a cannabis product. | ||||||
3 | "Processing organization agent" means a principal officer, | ||||||
4 | board member, employee, or agent of a processing organization. | ||||||
5 | "Processing organization agent identification card" means | ||||||
6 | a document issued by the Commission Department of Agriculture | ||||||
7 | that identifies a person as a processing organization agent. | ||||||
8 | "Purchaser" means a person 21 years of age or older who | ||||||
9 | acquires cannabis for a valuable consideration. "Purchaser" | ||||||
10 | does not include a cardholder under Article 70 the | ||||||
11 | Compassionate Use of Medical Cannabis Program Act . | ||||||
12 | "Qualifying Applicant" means an applicant that submitted | ||||||
13 | an application pursuant to Section 15-30 that received at | ||||||
14 | least 85% of 250 application points available under Section | ||||||
15 | 15-30 as the applicant's final score and meets the definition | ||||||
16 | of "Social Equity Applicant" as set forth under this Section. | ||||||
17 | "Qualifying Social Equity Justice Involved Applicant" | ||||||
18 | means an applicant that submitted an application pursuant to | ||||||
19 | Section 15-30 that received at least 85% of 250 application | ||||||
20 | points available under Section 15-30 as the applicant's final | ||||||
21 | score and meets the criteria of either paragraph (1) or (2) of | ||||||
22 | the definition of "Social Equity Applicant" as set forth under | ||||||
23 | this Section. | ||||||
24 | "Qualified Social Equity Applicant" means a Social Equity | ||||||
25 | Applicant who has been awarded a conditional license under | ||||||
26 | this Act to operate a cannabis business establishment. |
| |||||||
| |||||||
1 | "Resided" means an individual's primary residence was | ||||||
2 | located within the relevant geographic area as established by | ||||||
3 | 2 of the following: | ||||||
4 | (1) a signed lease agreement that includes the | ||||||
5 | applicant's name; | ||||||
6 | (2) a property deed that includes the applicant's | ||||||
7 | name; | ||||||
8 | (3) school records; | ||||||
9 | (4) a voter registration card; | ||||||
10 | (5) an Illinois driver's license, an Illinois | ||||||
11 | Identification Card, or an Illinois Person with a | ||||||
12 | Disability Identification Card; | ||||||
13 | (6) a paycheck stub; | ||||||
14 | (7) a utility bill; | ||||||
15 | (8) tax records; or | ||||||
16 | (9) any other proof of residency or other information | ||||||
17 | necessary to establish residence as provided by rule. | ||||||
18 | "Smoking" means the inhalation of smoke caused by the | ||||||
19 | combustion of cannabis. | ||||||
20 | "Social Equity Applicant" means an applicant that is an | ||||||
21 | Illinois resident that meets one of the following criteria: | ||||||
22 | (1) an applicant with at least 51% ownership and | ||||||
23 | control by one or more individuals who have resided for at | ||||||
24 | least 5 of the preceding 10 years in a Disproportionately | ||||||
25 | Impacted Area; | ||||||
26 | (2) an applicant with at least 51% ownership and |
| |||||||
| |||||||
1 | control by one or more individuals who:
| ||||||
2 | (i) have been arrested for, convicted of, or | ||||||
3 | adjudicated delinquent for any offense that is | ||||||
4 | eligible for expungement under this Act; or
| ||||||
5 | (ii) is a member of an impacted family; | ||||||
6 | (3) for applicants with a minimum of 10 full-time | ||||||
7 | employees, an applicant with at least 51% of current | ||||||
8 | employees who: | ||||||
9 | (i) currently reside in a Disproportionately | ||||||
10 | Impacted Area; or | ||||||
11 | (ii) have been arrested for, convicted of, or | ||||||
12 | adjudicated delinquent for any offense that is | ||||||
13 | eligible for expungement under this Act or member of | ||||||
14 | an impacted family. | ||||||
15 | Nothing in this Act shall be construed to preempt or limit | ||||||
16 | the duties of any employer under the Job Opportunities for | ||||||
17 | Qualified Applicants Act. Nothing in this Act shall permit an | ||||||
18 | employer to require an employee to disclose sealed or expunged | ||||||
19 | offenses, unless otherwise required by law. | ||||||
20 | "Tied Applicant" means an application submitted by a | ||||||
21 | Dispensary Applicant pursuant to Section 15-30 that received | ||||||
22 | the same number of application points under Section 15-30 as | ||||||
23 | the Dispensary Applicant's final score as one or more | ||||||
24 | top-scoring applications in the same BLS Region and would have | ||||||
25 | been awarded a license but for the one or more other | ||||||
26 | top-scoring applications that received the same number of |
| |||||||
| |||||||
1 | application points. Each application for which a Dispensary | ||||||
2 | Applicant was required to pay a required application fee for | ||||||
3 | the application period ending January 2, 2020 shall be | ||||||
4 | considered an application of a separate Tied Applicant. | ||||||
5 | "Tied Applicant Lottery" means the process established | ||||||
6 | under 68 Ill. Adm. Code 1291.50 for awarding Conditional Adult | ||||||
7 | Use Dispensing Organization Licenses pursuant to Sections | ||||||
8 | 15-25 and 15-30 among Eligible Tied Applicants. | ||||||
9 | "Tincture" means a cannabis-infused solution, typically | ||||||
10 | comprised of alcohol, glycerin, or vegetable oils, derived | ||||||
11 | either directly from the cannabis plant or from a processed | ||||||
12 | cannabis extract. A tincture is not an alcoholic liquor as | ||||||
13 | defined in the Liquor Control Act of 1934. A tincture shall | ||||||
14 | include a calibrated dropper or other similar device capable | ||||||
15 | of accurately measuring servings. | ||||||
16 | "Transporting organization" or "transporter" means an | ||||||
17 | organization or business that is licensed by the Commission | ||||||
18 | Department of Agriculture to transport cannabis or | ||||||
19 | cannabis-infused product on behalf of a cannabis business | ||||||
20 | establishment or a community college licensed under the | ||||||
21 | Community
College Cannabis Vocational Training Pilot Program.
| ||||||
22 | "Transporting organization agent" means a principal | ||||||
23 | officer, board member, employee, or agent of a transporting | ||||||
24 | organization. | ||||||
25 | "Transporting organization agent identification card" | ||||||
26 | means a document issued by the Commission Department of |
| |||||||
| |||||||
1 | Agriculture that identifies a person as a transporting | ||||||
2 | organization agent. | ||||||
3 | "Unit of local government" means any county, city, | ||||||
4 | village, or incorporated town. | ||||||
5 | "Vegetative stage" means the stage of cultivation in which | ||||||
6 | a cannabis plant is propagated to produce additional cannabis | ||||||
7 | plants or reach a sufficient size for production. This | ||||||
8 | includes seedlings, clones, mothers, and other immature | ||||||
9 | cannabis plants as follows: | ||||||
10 | (1) if the cannabis plant is in an area that has not | ||||||
11 | been intentionally deprived of light for a period of time | ||||||
12 | intended to produce flower buds and induce maturation, it | ||||||
13 | has no more than 2 stigmas visible at each internode of the | ||||||
14 | cannabis plant; or | ||||||
15 | (2) any cannabis plant that is cultivated solely for | ||||||
16 | the purpose of propagating clones and is never used to | ||||||
17 | produce cannabis.
| ||||||
18 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; | ||||||
19 | 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; revised | ||||||
20 | 10-13-21.) | ||||||
21 | (410 ILCS 705/5-5)
| ||||||
22 | Sec. 5-5. Sharing of authority. Notwithstanding any | ||||||
23 | provision of law to the contrary, on and after July 1, 2022 the | ||||||
24 | Commission may enter into intergovernmental cooperation | ||||||
25 | agreements with State departments that have any authority |
| |||||||
| |||||||
1 | granted under this Act to carry out the functions, duties, and | ||||||
2 | responsibilities of the Commission. The State departments | ||||||
3 | shall collaborate and coordinate with the Commission to | ||||||
4 | facilitate an efficient reorganization of the oversight and | ||||||
5 | enforcement of the cannabis industry any authority granted to | ||||||
6 | any State agency or State employees or appointees under the | ||||||
7 | Compassionate Use of Medical Cannabis Program Act shall be | ||||||
8 | shared by any State agency or State employees or appointees | ||||||
9 | given authority to license, discipline, revoke, regulate, or | ||||||
10 | make rules under this Act .
| ||||||
11 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) | ||||||
12 | (410 ILCS 705/5-10)
| ||||||
13 | Sec. 5-10. Department of Agriculture ; transfer of duties | ||||||
14 | to the Cannabis Equity and Oversight Commission . | ||||||
15 | (a) The Department of Agriculture shall administer and | ||||||
16 | enforce provisions of this Act relating to the oversight and | ||||||
17 | registration of cultivation centers, craft growers, infuser | ||||||
18 | organizations, and transporting organizations and agents, | ||||||
19 | including the issuance of identification cards and | ||||||
20 | establishing limits on potency or serving size for cannabis or | ||||||
21 | cannabis products. The Department of Agriculture may suspend | ||||||
22 | or revoke the license of, or impose other penalties upon | ||||||
23 | cultivation centers, craft growers, infuser organizations, | ||||||
24 | transporting organizations, and their principal officers, | ||||||
25 | Agents-in-Charge, and agents for violations of this Act and |
| |||||||
| |||||||
1 | any rules adopted under this Act. | ||||||
2 | (b) Notwithstanding subsection (a), all functions granted | ||||||
3 | to the Department of Agriculture under subsection (a) are | ||||||
4 | transferred to, and shall be carried out by, the Commission. | ||||||
5 | The Commission has all authority previously granted to the | ||||||
6 | Department of Agriculture to enforce this Act.
| ||||||
7 | (Source: P.A. 101-27, eff. 6-25-19.) | ||||||
8 | (410 ILCS 705/5-15)
| ||||||
9 | Sec. 5-15. Department of Financial and Professional | ||||||
10 | Regulation ; transfer of duties to the Cannabis Equity and | ||||||
11 | Oversight Commission . | ||||||
12 | (a) The Department of Financial and Professional | ||||||
13 | Regulation shall enforce the provisions of this Act relating | ||||||
14 | to the oversight and registration of dispensing organizations | ||||||
15 | and agents, including the issuance of identification cards for | ||||||
16 | dispensing organization agents. The Department of Financial | ||||||
17 | and Professional Regulation may suspend or revoke the license | ||||||
18 | of, or otherwise discipline dispensing organizations, | ||||||
19 | principal officers, agents-in-charge, and agents for | ||||||
20 | violations of this Act and any rules adopted under this Act. | ||||||
21 | (b) Notwithstanding subsection (a), all functions granted | ||||||
22 | to the Department of Financial and Professional Regulation | ||||||
23 | under subsection (a) are transferred to, and shall be carried | ||||||
24 | out by, the Commission. The Commission has all authority | ||||||
25 | previously granted to the Department of Financial and |
| |||||||
| |||||||
1 | Professional Regulation to enforce this Act.
| ||||||
2 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) | ||||||
3 | (410 ILCS 705/5-20)
| ||||||
4 | Sec. 5-20. Background checks ; Illinois State Police . | ||||||
5 | (a) Through the Illinois State Police, the Commission | ||||||
6 | licensing or issuing Department shall conduct a criminal | ||||||
7 | history record check of the prospective principal officers, | ||||||
8 | board members, and agents of a cannabis business establishment | ||||||
9 | applying for a license or identification card under this Act. | ||||||
10 | Each cannabis business establishment prospective principal | ||||||
11 | officer, board member, or agent shall submit his or her | ||||||
12 | fingerprints to the Illinois State Police in the form and | ||||||
13 | manner prescribed by the Illinois State Police. | ||||||
14 | Unless otherwise provided in this Act, such fingerprints | ||||||
15 | shall be transmitted through a live scan fingerprint vendor | ||||||
16 | licensed by the Department of Financial and Professional | ||||||
17 | Regulation. These fingerprints shall be checked against the | ||||||
18 | fingerprint records now and hereafter filed in the Illinois | ||||||
19 | State Police and Federal Bureau of Investigation criminal | ||||||
20 | history records databases. The Illinois State Police shall | ||||||
21 | charge a fee for conducting the criminal history record check, | ||||||
22 | which shall be deposited into the State Police Services Fund | ||||||
23 | and shall not exceed the actual cost of the State and national | ||||||
24 | criminal history record check. The Illinois State Police shall | ||||||
25 | furnish, pursuant to positive identification, all Illinois |
| |||||||
| |||||||
1 | conviction information and shall forward the national criminal | ||||||
2 | history record information to the Commission. : | ||||||
3 | (i) the Department of Agriculture, with respect to a | ||||||
4 | cultivation center, craft grower, infuser organization, or | ||||||
5 | transporting organization; or | ||||||
6 | (ii) the Department of Financial and Professional | ||||||
7 | Regulation, with respect to a dispensing organization. | ||||||
8 | (b) When applying for the initial license or | ||||||
9 | identification card, the background checks for all prospective | ||||||
10 | principal officers, board members, and agents shall be | ||||||
11 | completed before submitting the application to the licensing | ||||||
12 | or issuing agency. | ||||||
13 | (c) All applications for licensure under this Act by | ||||||
14 | applicants with criminal convictions shall be subject to | ||||||
15 | Sections 2105-131, 2105-135, and 2105-205 of the Department of | ||||||
16 | Professional Regulation Law of the Civil Administrative Code | ||||||
17 | of Illinois.
| ||||||
18 | (d) Notwithstanding any other provision of law, all | ||||||
19 | authority granted to the Illinois State Police, including, but | ||||||
20 | not limited to, conducting random inspections and | ||||||
21 | investigations, provided under Sections 15-135, 25-30, 30-30, | ||||||
22 | 35-25, 40-25, and 55-15 of this Act and Sections 105 and 130 of | ||||||
23 | the Compassionate Use of Medical Cannabis Program Act are | ||||||
24 | transferred to the Commission. | ||||||
25 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; | ||||||
26 | 102-538, eff. 8-20-21.) |
| |||||||
| |||||||
1 | (410 ILCS 705/5-25)
| ||||||
2 | Sec. 5-25. Department of Public Health to make health | ||||||
3 | warning recommendations. | ||||||
4 | (a) The Department of Public Health shall make | ||||||
5 | recommendations to the Commission Department of Agriculture | ||||||
6 | and the Department of Financial and Professional Regulation on | ||||||
7 | appropriate health warnings for dispensaries and advertising, | ||||||
8 | which may apply to all cannabis products, including item-type | ||||||
9 | specific labeling or warning requirements, regulate the | ||||||
10 | facility where cannabis-infused products are made, regulate | ||||||
11 | cannabis-infused products as provided in subsection (e) of | ||||||
12 | Section 55-5, and facilitate the Adult Use Cannabis Health | ||||||
13 | Advisory Committee. | ||||||
14 | (b) An Adult Use Cannabis Health Advisory Committee is | ||||||
15 | hereby created and shall meet at least twice annually. The | ||||||
16 | Chairperson may schedule meetings more frequently upon his or | ||||||
17 | her initiative or upon the request of a Committee member. | ||||||
18 | Meetings may be held in person or by teleconference. The | ||||||
19 | Committee shall discuss and monitor changes in drug use data | ||||||
20 | in Illinois and the emerging science and medical information | ||||||
21 | relevant to the health effects associated with cannabis use | ||||||
22 | and may provide recommendations to the Department of Human | ||||||
23 | Services and the Commission about public health awareness | ||||||
24 | campaigns and messages. The Committee shall include the | ||||||
25 | following members appointed by the Governor and shall |
| |||||||
| |||||||
1 | represent the geographic, ethnic, and racial diversity of the | ||||||
2 | State: | ||||||
3 | (1) The Director of Public Health, or his or her | ||||||
4 | designee, who shall serve as the Chairperson. | ||||||
5 | (2) The Secretary of Human Services, or his or her | ||||||
6 | designee, who shall serve as the Co-Chairperson. | ||||||
7 | (3) A representative of the poison control center. | ||||||
8 | (4) A pharmacologist. | ||||||
9 | (5) A pulmonologist. | ||||||
10 | (6) An emergency room physician. | ||||||
11 | (7) An emergency medical technician, paramedic, or | ||||||
12 | other first responder. | ||||||
13 | (8) A nurse practicing in a school-based setting. | ||||||
14 | (9) A psychologist. | ||||||
15 | (10) A neonatologist. | ||||||
16 | (11) An obstetrician-gynecologist. | ||||||
17 | (12) A drug epidemiologist. | ||||||
18 | (13) A medical toxicologist. | ||||||
19 | (14) An addiction psychiatrist. | ||||||
20 | (15) A pediatrician. | ||||||
21 | (16) A representative of a statewide professional | ||||||
22 | public health organization. | ||||||
23 | (17) A representative of a statewide hospital/health | ||||||
24 | system association. | ||||||
25 | (18) An individual registered as a patient in the | ||||||
26 | Compassionate Use of Medical Cannabis Program. |
| |||||||
| |||||||
1 | (19) An individual registered as a caregiver in the | ||||||
2 | Compassionate Use of Medical Cannabis Program. | ||||||
3 | (20) A representative of an organization focusing on | ||||||
4 | cannabis-related policy. | ||||||
5 | (21) A representative of an organization focusing on | ||||||
6 | the civil liberties of individuals who reside in Illinois. | ||||||
7 | (22) A representative of the criminal defense or civil | ||||||
8 | aid community of attorneys serving Disproportionately | ||||||
9 | Impacted Areas. | ||||||
10 | (23) A representative of licensed cannabis business | ||||||
11 | establishments. | ||||||
12 | (24) A Social Equity Applicant. | ||||||
13 | (25) A representative of a statewide community-based | ||||||
14 | substance use disorder treatment provider association. | ||||||
15 | (26) A representative of a statewide community-based | ||||||
16 | mental health treatment provider association. | ||||||
17 | (27) A representative of a community-based substance | ||||||
18 | use disorder treatment provider. | ||||||
19 | (28) A representative of a community-based mental | ||||||
20 | health treatment provider. | ||||||
21 | (29) A substance use disorder treatment patient | ||||||
22 | representative. | ||||||
23 | (30) A mental health treatment patient representative. | ||||||
24 | (c) The Committee shall provide a report by September 30, | ||||||
25 | 2021, and every year thereafter, to the Commission and the | ||||||
26 | General Assembly. The Department of Public Health shall make |
| |||||||
| |||||||
1 | the report available on its website.
| ||||||
2 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) | ||||||
3 | (410 ILCS 705/5-30)
| ||||||
4 | Sec. 5-30. Department of Human Services. The Department of | ||||||
5 | Human Services shall identify evidence-based programs for | ||||||
6 | preventive mental health, the prevention or treatment of | ||||||
7 | alcohol abuse, tobacco use, illegal drug use (including | ||||||
8 | prescription drugs), and cannabis use by pregnant women, and | ||||||
9 | make policy recommendations, as appropriate, to the Adult Use | ||||||
10 | Cannabis Health Advisory Committee and the Commission . The | ||||||
11 | Department of Human Services shall develop and disseminate | ||||||
12 | educational materials for purchasers based on recommendations | ||||||
13 | received from the Department of Public Health , the Commission, | ||||||
14 | and the Adult Use Cannabis Health Advisory Committee. | ||||||
15 | Beginning July 1, 2022, the Commission may also develop and | ||||||
16 | disseminate educational materials.
| ||||||
17 | (Source: P.A. 101-27, eff. 6-25-19.) | ||||||
18 | (410 ILCS 705/5-45)
| ||||||
19 | Sec. 5-45. Illinois Cannabis Regulation Oversight Officer. | ||||||
20 | (a) The position of Illinois Cannabis Regulation Oversight | ||||||
21 | Officer is created within the Commission Department of | ||||||
22 | Financial and Professional Regulation under the Secretary of | ||||||
23 | Financial and Professional Regulation . The Cannabis Regulation | ||||||
24 | Oversight Officer serves a coordinating role among State |
| |||||||
| |||||||
1 | agencies regarding this Act and the Compassionate Use of | ||||||
2 | Medical Cannabis Program Act . The Illinois Cannabis Regulation | ||||||
3 | Oversight Officer shall be appointed by the Governor with the | ||||||
4 | advice and consent of the Senate. The term of office of the | ||||||
5 | Officer shall expire on the third Monday of January in | ||||||
6 | odd-numbered years provided that he or she shall hold office | ||||||
7 | until a successor is appointed and qualified. In case of | ||||||
8 | vacancy in office during the recess of the Senate, the | ||||||
9 | Governor shall make a temporary appointment until the next | ||||||
10 | meeting of the Senate, when the Governor shall nominate some | ||||||
11 | person to fill the office, and any person so nominated who is | ||||||
12 | confirmed by the Senate shall hold office during the remainder | ||||||
13 | of the term and until his or her successor is appointed and | ||||||
14 | qualified. | ||||||
15 | (b) The Illinois Cannabis Regulation Oversight Officer has | ||||||
16 | the authority to: | ||||||
17 | (1) maintain a staff; | ||||||
18 | (2) make recommendations for administrative and | ||||||
19 | statutory changes; | ||||||
20 | (3) collect data both in Illinois and outside Illinois | ||||||
21 | regarding the regulation of cannabis; | ||||||
22 | (4) compile or assist in the compilation of any | ||||||
23 | reports required by this Act; | ||||||
24 | (5) ensure the coordination of efforts between various | ||||||
25 | State agencies involved in regulating and taxing the sale | ||||||
26 | of cannabis in Illinois; and |
| |||||||
| |||||||
1 | (6) encourage, promote, suggest, and report best | ||||||
2 | practices for ensuring diversity in the cannabis industry | ||||||
3 | in Illinois. | ||||||
4 | (c) The Illinois Cannabis Regulation Oversight Officer and | ||||||
5 | the Officer's staff shall not: | ||||||
6 | (1) participate in the issuance or award of any | ||||||
7 | cannabis business establishment license; or | ||||||
8 | (2) participate in discipline related to any cannabis | ||||||
9 | business establishment. | ||||||
10 | The Illinois Cannabis Regulation Officer is not prohibited | ||||||
11 | from coordinating with and making recommendations to agencies | ||||||
12 | regarding licensing and disciplinary policies and procedures. | ||||||
13 | (d) Any funding required for the Illinois Cannabis | ||||||
14 | Regulation Oversight Officer, its staff, or its activities | ||||||
15 | shall be drawn from the Cannabis Regulation Fund. | ||||||
16 | (e) The Illinois Cannabis Regulation Oversight Officer | ||||||
17 | shall commission and publish one or more disparity and | ||||||
18 | availability studies that: (1) evaluates whether there exists | ||||||
19 | discrimination in the State's cannabis industry; and (2) if | ||||||
20 | so, evaluates the impact of such discrimination on the State | ||||||
21 | and includes recommendations to the Commission Department of | ||||||
22 | Financial and Professional Regulation and the Department of | ||||||
23 | Agriculture for reducing or eliminating any identified | ||||||
24 | barriers to entry in the cannabis market. Such disparity and | ||||||
25 | availability studies shall examine each license type issued | ||||||
26 | pursuant to Sections 15-25, 15-30.1, or 15-35.20, subsection |
| |||||||
| |||||||
1 | (a) of Section 30-5, or subsection (a) of Section 35-5, and | ||||||
2 | shall be initiated within 180 days from the issuance of the | ||||||
3 | first of each license authorized by those Sections. The | ||||||
4 | results of each disparity and availability study shall be | ||||||
5 | reported to the General Assembly and the Governor no later | ||||||
6 | than 12 months after the commission of each study. | ||||||
7 | The Illinois Cannabis Regulation Oversight Officer shall | ||||||
8 | forward a copy of its findings and recommendations to the | ||||||
9 | Commission Department of Financial and Professional | ||||||
10 | Regulation, the Department of Agriculture , the Department of | ||||||
11 | Commerce and Economic Opportunity, the General Assembly, and | ||||||
12 | the Governor. | ||||||
13 | (f) The Illinois Cannabis Regulation Oversight Officer may | ||||||
14 | compile, collect, or otherwise gather data necessary for the | ||||||
15 | administration of this Act and to carry out the Officer's duty | ||||||
16 | relating to the recommendation of policy changes. The Illinois | ||||||
17 | Cannabis Regulation Oversight Officer may direct the | ||||||
18 | Commission Department of Agriculture, Department of Financial | ||||||
19 | and Professional Regulation, Department of Public Health , | ||||||
20 | Department of Human Services, and Department of Commerce and | ||||||
21 | Economic Opportunity to assist in the compilation, collection, | ||||||
22 | and data gathering authorized pursuant to this subsection. The | ||||||
23 | Illinois Cannabis Regulation Oversight Officer shall compile | ||||||
24 | all of the data into a single report and submit the report to | ||||||
25 | the Governor and the General Assembly and publish the report | ||||||
26 | on its website.
|
| |||||||
| |||||||
1 | (g) The Illinois Cannabis Regulation Oversight Officer, | ||||||
2 | the Illinois Cannabis Regulation Oversight Office, and all its | ||||||
3 | personnel and functions shall transfer to the Commission on or | ||||||
4 | as soon as practicable after July 1, 2022. | ||||||
5 | (h) Notwithstanding any other provision of law, the | ||||||
6 | Cannabis Regulation Oversight Officer shall serve as the | ||||||
7 | initial Executive Director of the Commission and shall have | ||||||
8 | the authority to carry out the functions for the oversight and | ||||||
9 | enforcement of this Act. | ||||||
10 | (Source: P.A. 101-27, eff. 6-25-19; 102-98, eff. 7-15-21.) | ||||||
11 | (410 ILCS 705/5-50 new) | ||||||
12 | Sec. 5-50. Cannabis Equity and Oversight Commission. | ||||||
13 | (a) There is hereby created the Cannabis Equity and | ||||||
14 | Oversight Commission, consisting of 5 members to be appointed | ||||||
15 | by the Governor with the advice and consent of the Senate, no | ||||||
16 | more than 3 of whom shall be members of the same political | ||||||
17 | party at the time of appointment. In case of a vacancy in the | ||||||
18 | Commission office during the recess of the Senate, the | ||||||
19 | Governor shall make a temporary appointment until the next | ||||||
20 | meeting of the Senate, and the appointee shall hold his or her | ||||||
21 | office during the remainder of the term and until the | ||||||
22 | successor is qualified and appointed by the Governor. Each | ||||||
23 | member of the Commission shall hold office for a term of 5 | ||||||
24 | years, beginning on the third Monday in January of the year in | ||||||
25 | which the predecessor's term expires. |
| |||||||
| |||||||
1 | Within 90 days, or as soon as practicable, after the | ||||||
2 | effective date of this amendatory Act of the 102nd General | ||||||
3 | Assembly, the Governor shall appoint 3 members of the | ||||||
4 | Commission. One member shall be designated as the chairperson | ||||||
5 | by a majority vote of the Commissioners. The Chairperson shall | ||||||
6 | serve as the chief executive officer of the Commission for the | ||||||
7 | purpose of ensuring that the Commission's policies are | ||||||
8 | properly executed. Within 180 days after the effective date of | ||||||
9 | this amendatory Act of the 102nd General Assembly, the | ||||||
10 | Governor shall appoint the remaining 2 members of the | ||||||
11 | Commission. At the expiration of the term of any Commissioner | ||||||
12 | the Governor shall reappoint the Commissioner or appoint a | ||||||
13 | successor of the Commissioner for a period of 5 years. The | ||||||
14 | Governor may fill vacancies in the office of any Commissioner. | ||||||
15 | Each Commissioner shall serve until a successor is | ||||||
16 | appointed and qualified, except that if the Senate refuses to | ||||||
17 | consent to the appointment of any Commissioner, such office | ||||||
18 | shall be deemed vacant, and within 2 weeks of the date the | ||||||
19 | Senate refuses to consent to the reappointment of any | ||||||
20 | Commissioner, such Commissioner shall vacate such office. | ||||||
21 | At least one Commissioner shall be an individual formerly | ||||||
22 | incarcerated for drug-related offenses or is a member of an | ||||||
23 | impacted family. At least 2 Commissioners shall reside in a | ||||||
24 | Disproportionately Impacted Area. At least 2 Commissioners | ||||||
25 | shall meet at least one of the following qualifications: | ||||||
26 | (1) A business owner in a regulated industry that is |
| |||||||
| |||||||
1 | not regulated under this Act. | ||||||
2 | (2) A medical professional with a background in | ||||||
3 | substance use and abuse, mental health, or toxicology. | ||||||
4 | (3) A background in legal, policy, or social justice | ||||||
5 | issues. | ||||||
6 | A majority of the Commissioners shall constitute a quorum | ||||||
7 | to transact business, but no vacancy shall impair the right of | ||||||
8 | the remaining Commissioners to exercise all of the powers of | ||||||
9 | the Commission. Every act of a majority of the Commissioners | ||||||
10 | shall be deemed to be the act of the Commission. The Commission | ||||||
11 | shall keep a record of all proceedings, transactions, | ||||||
12 | communications, and official acts of the Commission and who | ||||||
13 | shall serve as a custodian of all records and perform such | ||||||
14 | other duties as the Commission may prescribe. | ||||||
15 | Each Commissioner and the Executive Director, and each | ||||||
16 | person appointed by the Commission, shall, before entering | ||||||
17 | upon the duties of their office, take and subscribe to the | ||||||
18 | constitutional oath of office. The Executive Director and each | ||||||
19 | inspector, clerk, and other employee shall devote his or her | ||||||
20 | entire time to the duties of their office. | ||||||
21 | No person appointed as a Commissioner, Executive Director, | ||||||
22 | inspector, or other employee may, directly, individually, or | ||||||
23 | as a member of a partnership, or as a shareholder of a | ||||||
24 | corporation, have any financial interest whatsoever in the | ||||||
25 | manufacture, sale, or distribution of cannabis, nor receive | ||||||
26 | any compensation or profit therefrom, nor have any interest |
| |||||||
| |||||||
1 | whatsoever in the purchase or sale made by the persons | ||||||
2 | authorized to do so under this Act. No provision of this | ||||||
3 | Section shall prevent any Commissioner, Executive Director, | ||||||
4 | inspector, or other employee from purchasing and keeping in | ||||||
5 | his or her possession for their use or use of members of their | ||||||
6 | family or guest any cannabis product that may be purchased or | ||||||
7 | kept by any person by virtue of this Act. | ||||||
8 | No Commissioner, Executive Director, or person appointed | ||||||
9 | or employed by the Commission shall solicit or accept any | ||||||
10 | gift, gratuity, emolument, or employment from any person | ||||||
11 | subject to the provisions of this Act, or from any officer, | ||||||
12 | agent, or employee thereof, nor solicit, request from, or | ||||||
13 | recommend, directly or indirectly, to any such person. Every | ||||||
14 | officer, agent, or employee thereof is hereby forbidden to | ||||||
15 | offer to any Commissioner, Executive Director, or to any | ||||||
16 | person appointed or employed by the Commission any gift, | ||||||
17 | gratuity, emolument, or employment. If any Commissioner, | ||||||
18 | Executive Director, or any person appointed or employed by the | ||||||
19 | Commission shall violate any of the provisions of this | ||||||
20 | Section, that person shall be removed from the office or | ||||||
21 | employment they hold. A person who violates the provisions of | ||||||
22 | this Section shall be guilty of a Class A misdemeanor. | ||||||
23 | The Chairperson of the Commission shall receive an annual | ||||||
24 | salary of $165,000 or such greater amount as may be set by the | ||||||
25 | Compensation Review Board. The other Commissioners shall | ||||||
26 | receive an annual salary of $150,000 or such greater amount as |
| |||||||
| |||||||
1 | may be set by the Compensation Review Board. The Executive | ||||||
2 | Director of the Commission shall receive an annual salary of | ||||||
3 | $175,000 or such greater amount as may be set by the | ||||||
4 | Compensation Review Board. All clerks, inspectors, and | ||||||
5 | employees of the Commission shall receive reasonable | ||||||
6 | compensation in an amount fixed by the Commission, subject to | ||||||
7 | the approval in writing of the Governor. The status and rights | ||||||
8 | of a transferred employee, and the rights of the State of | ||||||
9 | Illinois and its agencies, under the Personnel Code and | ||||||
10 | applicable collective bargaining agreements or under any | ||||||
11 | pension, retirement, or annuity plan are not affected (except | ||||||
12 | as provided in Sections 14-110 and 18-127 of the Illinois | ||||||
13 | Pension Code) by that transfer or by any other provision of | ||||||
14 | this amendatory Act of the 102nd General Assembly. | ||||||
15 | The Commission shall administer and enforce the provisions | ||||||
16 | of this Act relating to the oversight, licensing, | ||||||
17 | registration, and certification of dispensing organizations, | ||||||
18 | cultivation centers, craft growers, infuser organizations, | ||||||
19 | transporting organizations, laboratories, and agents, | ||||||
20 | including, but not limited to, the issuance of identification | ||||||
21 | cards and establishing limits on the potency or serving size | ||||||
22 | of cannabis or cannabis products. The Commission may suspend | ||||||
23 | or revoke the license of, or impose other penalties upon, | ||||||
24 | dispensing organizations, cultivation centers, craft growers, | ||||||
25 | infuser organizations, transporting organizations, | ||||||
26 | laboratories, and their principal officers, agents-in-charge, |
| |||||||
| |||||||
1 | and agents for violations of this Act or any rules adopted | ||||||
2 | under this Act. | ||||||
3 | (b) To provide for the expeditious and timely | ||||||
4 | implementation of the provisions of this amendatory Act of the | ||||||
5 | 102nd General Assembly, the Commission may adopt emergency | ||||||
6 | rules in accordance with Section 5-45 by the of the Illinois | ||||||
7 | Administrative Procedure Act. The adoption of emergency rules | ||||||
8 | authorized by Section 5-45 and this Section is deemed to be | ||||||
9 | necessary for the public interest, safety, and welfare. | ||||||
10 | This subsection is inactive one year after the effective | ||||||
11 | date of this amendatory Act of the 102nd General Assembly. | ||||||
12 | (c) The Commission shall have following powers, functions, | ||||||
13 | and duties: | ||||||
14 | (1) To administer and enforce provisions of this Act | ||||||
15 | relating to the oversight, licensing, and registration of | ||||||
16 | dispensing organizations, cultivation centers, craft | ||||||
17 | growers, infuser organizations, transporting | ||||||
18 | organizations, and laboratories as well as any other | ||||||
19 | activity related to cannabis. | ||||||
20 | (2) To suspend or revoke the license of or otherwise | ||||||
21 | discipline dispensing organizations, cultivation centers, | ||||||
22 | craft growers, infuser organizations, transporting | ||||||
23 | organizations, and laboratories. | ||||||
24 | (3) To administer the Community College Cannabis | ||||||
25 | Vocational Pilot Program under Article 25. | ||||||
26 | (4) To establish by rule any fee required, including, |
| |||||||
| |||||||
1 | but not limited to, fees for cannabis business | ||||||
2 | establishments. | ||||||
3 | (5) To call upon other administrative departments of | ||||||
4 | the State, county and municipal governments, city police | ||||||
5 | departments, and prosecuting officers for such information | ||||||
6 | and assistance as the Commission deems necessary in the | ||||||
7 | performance of its duties. | ||||||
8 | (6) To establish market protections that protect | ||||||
9 | against unfair business practices, including, but not | ||||||
10 | limited to, price fixing, bid rigging, boycotts, | ||||||
11 | agreements to not compete, exclusive wholesale | ||||||
12 | arrangements for cannabis concentrate, cannabis flower, | ||||||
13 | cannabis infused products, and any product that is | ||||||
14 | licensed under this Act to ensure all license types have | ||||||
15 | equal access to the market without unfair competition. | ||||||
16 | (7) To establish market protections that protect | ||||||
17 | against unfair business practices and reduce or eliminate | ||||||
18 | any identified barriers to entry in the cannabis market | ||||||
19 | for cannabis business establishments owned by Social | ||||||
20 | Equity applicants and owners who qualify as Social Equity | ||||||
21 | applicants. | ||||||
22 | (8) To establish requirements for cannabis business | ||||||
23 | establishments and any other licenses, by rule, related to | ||||||
24 | public safety, including, but not limited to, | ||||||
25 | recordkeeping, security, destruction and disposal of | ||||||
26 | cannabis, storage, inventory, point of sale technology, or |
| |||||||
| |||||||
1 | operating procedures. | ||||||
2 | (9) To inspect, or cause to be inspected, randomly and | ||||||
3 | without prior notice any premises of cannabis business | ||||||
4 | establishments. | ||||||
5 | (10) To amend or expand the definition of a Social | ||||||
6 | Equity Applicant under this Act. | ||||||
7 | (11) To develop a noncompetitive application and | ||||||
8 | selection process for licensing cannabis business | ||||||
9 | establishments that may be similar to licensing under the | ||||||
10 | Illinois Liquor Control Act. | ||||||
11 | (12) To develop and disseminate educational materials | ||||||
12 | for purchasers based on recommendations received from the | ||||||
13 | Adult Use Cannabis Health Advisory Committee. The | ||||||
14 | Commission shall collaborate with the Department of Human | ||||||
15 | Services, the Department of Public Health, and the Adult | ||||||
16 | Use Cannabis Health Advisory Committee. | ||||||
17 | (13) To ensure that that a criminal history record | ||||||
18 | check of the prospective principal officers, board | ||||||
19 | members, and agents of a cannabis business establishment | ||||||
20 | applying for a license or agent identification card under | ||||||
21 | this Act is completed in cooperation with the Department | ||||||
22 | of Financial and Professional Regulation, the Department | ||||||
23 | of Agriculture, and the Illinois State Police. | ||||||
24 | (14) To provide technical assistance and financial | ||||||
25 | support, as well as any other actions the Commission may | ||||||
26 | deem necessary, to aid Social Equity Applicants, owners |
| |||||||
| |||||||
1 | who qualify as Social Equity Applicants, and Ancillary | ||||||
2 | Social Equity Businesses. | ||||||
3 | (15) To develop and disseminate educational materials | ||||||
4 | for purchasers based on recommendations received from the | ||||||
5 | Adult Use Cannabis Health Advisory Committee. | ||||||
6 | (16) To coordinate and cooperate with the Department | ||||||
7 | of Public Health on completion of goals that include, but | ||||||
8 | are not limited to, the following: | ||||||
9 | (A) Establish and maintain a confidential registry | ||||||
10 | of qualifying patients authorized to engage in the | ||||||
11 | medical use of cannabis and their caregivers. | ||||||
12 | (B) Distribute educational materials about the | ||||||
13 | health benefits and risks associated with the use of | ||||||
14 | cannabis prescription medications. | ||||||
15 | (C)Adopt rules establishing food handling | ||||||
16 | requirements for cannabis infused products that are | ||||||
17 | prepared for human consumption. | ||||||
18 | (17) To submit an annual report to the General | ||||||
19 | Assembly and the Governor, by September 30 of each year, | ||||||
20 | that does not disclose any identifying information about | ||||||
21 | cultivation centers, craft growers, infuser organizations, | ||||||
22 | transportation organizations, or dispensing organizations | ||||||
23 | but does contain, at a minimum, all of the following | ||||||
24 | information for the previous fiscal year: | ||||||
25 | (A) The number of licenses issued to cannabis | ||||||
26 | business establishments organizations by county, or, |
| |||||||
| |||||||
1 | in counties with greater than 3,000,000 residents, by | ||||||
2 | zip code. | ||||||
3 | (B) The total number of cannabis business | ||||||
4 | establishment organizations owners that are Social | ||||||
5 | Equity Applicants or minority persons, women, or | ||||||
6 | persons with disabilities as those terms are defined | ||||||
7 | under Section 2 of the Business Enterprise for | ||||||
8 | Minorities, Women, and Persons with Disabilities Act. | ||||||
9 | (C) The total number of revenues received from | ||||||
10 | cannabis business establishments, segregated from | ||||||
11 | revenues received from cannabis business | ||||||
12 | establishments under the Article 70, by county, and | ||||||
13 | separated by source of revenue. | ||||||
14 | (D) The total amount of revenue received from | ||||||
15 | dispensing organizations that share a premises or | ||||||
16 | majority ownership with a craft grower. | ||||||
17 | (E) The total amount of revenue received from | ||||||
18 | dispensing organizations that share a premises or | ||||||
19 | majority ownership with an infuser. | ||||||
20 | (F) The total amount of revenue received from | ||||||
21 | craft growers and infusers that share a premises or | ||||||
22 | majority ownership with a dispensing organization. | ||||||
23 | (G) The total amount of revenue received from | ||||||
24 | craft growers that share a premises or majority | ||||||
25 | ownership with an infuser, but do not share a premises | ||||||
26 | or ownership with a dispensary. |
| |||||||
| |||||||
1 | (H) The total amount of revenue received from | ||||||
2 | infusers that share a premises or majority ownership | ||||||
3 | with a craft grower, but do not share a premises or | ||||||
4 | ownership with a dispensary. | ||||||
5 | (I) The total amount of revenue received from | ||||||
6 | craft growers that share a premises or majority | ||||||
7 | ownership with a dispensing organization, but do not | ||||||
8 | share a premises or ownership with an infuser. | ||||||
9 | (J) The total amount of revenue received from | ||||||
10 | infusers that share a premises or majority ownership | ||||||
11 | with a dispensing organization, but do not share a | ||||||
12 | premises or ownership with a craft grower. | ||||||
13 | (K) The total amount of revenue received from | ||||||
14 | transporters. | ||||||
15 | (L) The total amount of revenue received from | ||||||
16 | cannabis business establishment organizations that | ||||||
17 | share a premises or majority ownership with other | ||||||
18 | cannabis business establishments. | ||||||
19 | (M) An analysis of revenue generated from | ||||||
20 | taxation, licensing, and other fees for the State, | ||||||
21 | including recommendations to change the tax rate | ||||||
22 | applied. | ||||||
23 | (18) To conduct or commission an annual survey of the | ||||||
24 | cannabis industry, to be completed on or before January 1 | ||||||
25 | of each year. Each cannabis business establishment | ||||||
26 | licensed under this Act shall report to the Commission, on |
| |||||||
| |||||||
1 | a form to be provided by the Commission, information that | ||||||
2 | will allow the Commission to assess the extent of | ||||||
3 | diversity in the medical and adult use cannabis industry | ||||||
4 | and methods for reducing or eliminating any identified | ||||||
5 | barriers to entry, including access to capital. Failure of | ||||||
6 | a cannabis business establishment to respond to the | ||||||
7 | request to complete the form, survey, or any other request | ||||||
8 | for information may be grounds for disciplinary action by | ||||||
9 | the Commission. The information to be collected shall be | ||||||
10 | designed, at a minimum, to identify the following: | ||||||
11 | (A) The number and percentage of licenses provided | ||||||
12 | to Social Equity Applicants and to businesses owned by | ||||||
13 | minorities, women, veterans, and persons with | ||||||
14 | disabilities. | ||||||
15 | (B) The total number and percentage of employees | ||||||
16 | in the cannabis industry who meet the criteria in | ||||||
17 | subparagraphs (i) or (ii) of paragraph (3) of the | ||||||
18 | definition of Social Equity Applicant or who are | ||||||
19 | minorities, women, veterans, or persons with | ||||||
20 | disabilities. | ||||||
21 | (C) The total number and percentage of contractors | ||||||
22 | and subcontractors in the cannabis industry that meet | ||||||
23 | the definition of a Social Equity Applicant, are | ||||||
24 | persons who are minorities, women, veterans, or | ||||||
25 | persons with disabilities, and are owned by persons | ||||||
26 | who are minorities, women, veterans, or persons with |
| |||||||
| |||||||
1 | disabilities, if known to the cannabis business | ||||||
2 | establishment. | ||||||
3 | (D) Recommendations for reducing or eliminating | ||||||
4 | any identified barriers to entry, including access to | ||||||
5 | capital, in the cannabis industry. | ||||||
6 | (d) The Commission shall establish by rule the information | ||||||
7 | required in an initial application or renewal application for | ||||||
8 | an agent identification card for dispensing organizations, | ||||||
9 | cultivation centers, craft growers, infusers, transporters, or | ||||||
10 | any other organization that may be submitted under this Act | ||||||
11 | and the nonrefundable fee to accompany the initial application | ||||||
12 | or renewal application. The Commission shall also perform the | ||||||
13 | following: | ||||||
14 | (1) Verify the information contained in an initial | ||||||
15 | application or renewal application for an agent | ||||||
16 | identification card submitted under this Act and approve | ||||||
17 | or deny an application within 30 days after receiving a | ||||||
18 | completed initial application or renewal application and | ||||||
19 | all supporting documentation required by rule. | ||||||
20 | (2) Issue an agent identification card to a qualifying | ||||||
21 | agent within 15 business days after approving the initial | ||||||
22 | application or renewal application. | ||||||
23 | (3) Enter the license number of the cannabis business | ||||||
24 | establishment where the agent works. | ||||||
25 | (4) Allow for an electronic initial application and | ||||||
26 | renewal application process and provide a confirmation by |
| |||||||
| |||||||
1 | electronic or other methods that an application has been | ||||||
2 | submitted. | ||||||
3 | (e) An agent must always keep his or her identification | ||||||
4 | card visible when on the property of the cannabis business | ||||||
5 | establishment at which the agent is employed. The agent | ||||||
6 | identification cards shall contain the following: | ||||||
7 | (1) The name of the cardholder. | ||||||
8 | (2) The date of issuance and expiration date of the
| ||||||
9 | identification card. | ||||||
10 | (3) A random 10-digit alphanumeric identification
| ||||||
11 | number containing at least 4 numbers and at least 4 | ||||||
12 | letters that is unique to the cardholder. | ||||||
13 | (4) A photograph of the cardholder. | ||||||
14 | An agent identification card shall be immediately returned | ||||||
15 | to the cannabis business establishment of the agent upon | ||||||
16 | termination of the agent's employment. | ||||||
17 | Any agent identification card that is lost shall be | ||||||
18 | reported to the Illinois State Police and the Commission | ||||||
19 | immediately upon discovery of the loss. | ||||||
20 | The Commission shall not issue an agent identification | ||||||
21 | card if the applicant is delinquent in filing any required tax | ||||||
22 | return or paying any amount owed to the State of Illinois. | ||||||
23 | (f) The Commission shall require every cannabis business | ||||||
24 | establishment to designate, at a minimum, one agent-in-charge | ||||||
25 | for each licensed cannabis business establishment. The | ||||||
26 | designated agent-in-charge must hold an agent identification |
| |||||||
| |||||||
1 | card. Maintaining an agent-in-charge is a continuing | ||||||
2 | requirement for the license, except as provided under | ||||||
3 | subsection (g). | ||||||
4 | The agent-in-charge shall be a principal officer or a | ||||||
5 | full-time agent of the cannabis business establishment and | ||||||
6 | shall manage the cannabis business establishment. | ||||||
7 | The agent-in-charge is responsible for promptly notifying | ||||||
8 | the Commission of any change of information required to be | ||||||
9 | reported to the Commission. | ||||||
10 | The agent-in-charge is responsible for notifying the | ||||||
11 | Commission of a change in the employment status of all | ||||||
12 | cannabis business establishment agents within 5 business days | ||||||
13 | after the change, including notice to the Commission if the | ||||||
14 | termination of an agent was for diversion of product or theft | ||||||
15 | of currency. | ||||||
16 | (g) If there is a separation of an agent-in-charge due to | ||||||
17 | death, incapacity, termination, or any other reason, and if | ||||||
18 | the cannabis business establishment does not have an active | ||||||
19 | agent-in-charge, the cannabis business establishment shall | ||||||
20 | immediately contact the Commission and request a temporary | ||||||
21 | certificate of authority allowing the continuing operation of | ||||||
22 | the cannabis business establishment. The request shall include | ||||||
23 | the name of an interim agent-in-charge until a replacement is | ||||||
24 | identified, or shall include the name of the replacement. | ||||||
25 | The Commission shall issue a temporary certificate of | ||||||
26 | authority promptly after it approves the request. If a |
| |||||||
| |||||||
1 | cannabis business establishment fails to promptly request a | ||||||
2 | temporary certificate of authority after the separation of the | ||||||
3 | agent-in-charge, its registration shall cease until the | ||||||
4 | Commission approves the temporary certificate of authority or | ||||||
5 | registers a new agent-in-charge. | ||||||
6 | No temporary certificate of authority shall be valid for | ||||||
7 | more than 90 days. The succeeding agent-in-charge shall | ||||||
8 | register with the Commission in compliance with this Article. | ||||||
9 | Once the permanent succeeding agent-in-charge is | ||||||
10 | registered with the Commission, the temporary certificate of | ||||||
11 | authority is void. No temporary certificate of authority shall | ||||||
12 | be issued for the separation of an agent-in-charge due to | ||||||
13 | disciplinary action by the Commission related to their conduct | ||||||
14 | on behalf of the cannabis business establishment. | ||||||
15 | (h) The cannabis business establishment agent-in-charge | ||||||
16 | registration shall expire one year from the date it is issued. | ||||||
17 | The agent-in-charge's registration shall be renewed annually. | ||||||
18 | The Commission shall review the compliance history of the | ||||||
19 | cannabis business establishment when determining whether to | ||||||
20 | grant the request to renew. | ||||||
21 | (i) Upon termination of an agent-in-charge's employment, | ||||||
22 | the cannabis business establishment shall immediately reclaim | ||||||
23 | the agent identification card. The cannabis business | ||||||
24 | establishment shall promptly return the identification card to | ||||||
25 | the Commission. | ||||||
26 | (j) The Commission may deny an application or renewal or |
| |||||||
| |||||||
1 | discipline or revoke an agent-in-charge identification card | ||||||
2 | for any of the following reasons: | ||||||
3 | (1) Submission of misleading, incorrect, false, or | ||||||
4 | fraudulent information in the application or renewal | ||||||
5 | application. | ||||||
6 | (2) Violation of the requirements of this Act or
rules | ||||||
7 | adopted under this Act. | ||||||
8 | (3) Fraudulent use of the agent-in-charge
| ||||||
9 | identification card. | ||||||
10 | (4) Selling, distributing, transferring in any
manner, | ||||||
11 | or giving cannabis to any unauthorized person. | ||||||
12 | (5) Theft of cannabis, currency, or any other items
| ||||||
13 | from a cannabis business establishment. | ||||||
14 | (6) Tampering with, falsifying, altering, modifying,
| ||||||
15 | or duplicating an agent-in-charge identification card. | ||||||
16 | (7) Tampering with, falsifying, altering, or
modifying | ||||||
17 | the surveillance video footage, point-of-sale system, or | ||||||
18 | the State's verification system. | ||||||
19 | (8) Failure to notify the Commission immediately upon
| ||||||
20 | discovery that an agent-in-charge identification card has | ||||||
21 | been lost, stolen, or destroyed. | ||||||
22 | (9) Failure to notify the Commission within 5
business | ||||||
23 | days after a change in the information provided in the | ||||||
24 | application for an agent-in-charge identification card. | ||||||
25 | (10) Dispensing to purchasers in amounts above the
| ||||||
26 | limits provided in this Act. |
| |||||||
| |||||||
1 | (11) Delinquency in filing any required tax returns
or | ||||||
2 | paying any amount owed to the State of Illinois. | ||||||
3 | (k) Adult Use Dispensing Organization Licenses issued on | ||||||
4 | or before July 1, 2022 shall expire on March 31 of | ||||||
5 | even-numbered years. Adult Use Dispensing Organizations | ||||||
6 | Licenses issued after July 1, 2022 shall expire annually. | ||||||
7 | However, the Commission may determine by rule when an Adult | ||||||
8 | Use Dispensing Organization Licenses will expire. | ||||||
9 | (l) Licenses for dispensing organizations, cultivation | ||||||
10 | centers, craft growers, infuser organizations, and | ||||||
11 | transporting organizations shall be renewed annually, with the | ||||||
12 | licensed period running until one year after the date the | ||||||
13 | cannabis business establishment license is issued. A cannabis | ||||||
14 | business establishment shall receive written or electronic | ||||||
15 | notice of the expiration of its current license at least 90 | ||||||
16 | days before its expiration. | ||||||
17 | (m) The Commission shall grant a renewal within 45 days | ||||||
18 | after submission of a complete renewal application if the | ||||||
19 | cannabis business establishment submits the following as | ||||||
20 | required under this Act or rules adopted under this Act: | ||||||
21 | (1) A renewal application as provided by the | ||||||
22 | Commission. | ||||||
23 | (2) Nonrefundable renewal fees, or another amount as | ||||||
24 | the Commission may set by rule after July 1, 2022, to be | ||||||
25 | deposited into the Cannabis Regulation Fund. | ||||||
26 | (3) Verification on a form provided by the Commission |
| |||||||
| |||||||
1 | of submission of an environmental impact report. | ||||||
2 | (4) Verification on a form provided by the Commission | ||||||
3 | that the annual diversity report issued by the Cannabis | ||||||
4 | Regulation Oversight Officer or the Commission was | ||||||
5 | completed and submitted. | ||||||
6 | (n) The Commission shall not grant a license renewal in | ||||||
7 | the following instances: | ||||||
8 | (1) If the license is currently under revocation or | ||||||
9 | suspension for violation of this Act or any rules adopted | ||||||
10 | under this Act, the licensee, principal officer, board | ||||||
11 | member, person has a financial or voting interest of 5% or | ||||||
12 | greater in the licensee, or an agent of the license holder | ||||||
13 | is delinquent in filing any required tax return or paying | ||||||
14 | any amount owed to the State of Illinois. | ||||||
15 | (2) If a cannabis business establishment fails to | ||||||
16 | renew its license before expiration, the cannabis business | ||||||
17 | establishment shall cease operation until the license is | ||||||
18 | renewed. | ||||||
19 | (o) Any cannabis business establishment that continues to | ||||||
20 | operate and that fails to renew its license is subject to | ||||||
21 | penalty as provided under Section 45-5 or any rules that may be | ||||||
22 | adopted under this Act. | ||||||
23 | (p) All fees and fines collected from the renewal of a | ||||||
24 | cannabis business establishment license shall be deposited | ||||||
25 | into the Cannabis Regulation Fund. |
| |||||||
| |||||||
1 | (410 ILCS 705/7-10)
| ||||||
2 | Sec. 7-10. Cannabis Business Development Fund. | ||||||
3 | (a) There is created in the State treasury a special fund, | ||||||
4 | which shall be held separate and apart from all other State | ||||||
5 | moneys, to be known as the Cannabis Business Development Fund. | ||||||
6 | The Cannabis Business Development Fund shall be exclusively | ||||||
7 | used for the following purposes: | ||||||
8 | (1) to provide low-interest rate loans to Qualified | ||||||
9 | Social Equity Applicants to pay for ordinary and necessary | ||||||
10 | expenses to start and operate a cannabis business | ||||||
11 | establishment permitted by this Act; | ||||||
12 | (2) to provide grants to Qualified Social Equity | ||||||
13 | Applicants to pay for ordinary and necessary expenses to | ||||||
14 | start and operate a cannabis business establishment | ||||||
15 | permitted by this Act; | ||||||
16 | (3) to compensate the Department of Commerce and | ||||||
17 | Economic Opportunity for any costs related to the | ||||||
18 | provision of low-interest loans and grants to Qualified | ||||||
19 | Social Equity Applicants; | ||||||
20 | (4) to pay for outreach that may be provided or | ||||||
21 | targeted to attract and support Social Equity Applicants | ||||||
22 | and Qualified Social Equity Applicants; | ||||||
23 | (5) (blank); | ||||||
24 | (6) to conduct any study or research concerning the | ||||||
25 | participation of minorities, women, veterans, or people | ||||||
26 | with disabilities in the cannabis industry, including, |
| |||||||
| |||||||
1 | without limitation, barriers to such individuals entering | ||||||
2 | the industry as equity owners of cannabis business | ||||||
3 | establishments; | ||||||
4 | (7) (blank); and | ||||||
5 | (8) to assist with job training and technical | ||||||
6 | assistance for residents in Disproportionately Impacted | ||||||
7 | Areas. | ||||||
8 | (b) All moneys collected under Sections 15-15 and 15-20 | ||||||
9 | for Early Approval Adult Use Dispensing Organization Licenses | ||||||
10 | issued before January 1, 2021 and remunerations made as a | ||||||
11 | result of transfers of permits awarded to Qualified Social | ||||||
12 | Equity Applicants shall be deposited into the Cannabis | ||||||
13 | Business Development Fund. | ||||||
14 | (c) As soon as practical after July 1, 2019, the | ||||||
15 | Comptroller shall order and the Treasurer shall transfer | ||||||
16 | $12,000,000 from the Compassionate Use of Medical Cannabis | ||||||
17 | Fund to the Cannabis Business Development Fund. After July 1, | ||||||
18 | 2022, the Comptroller shall order the transfer of the amount | ||||||
19 | specified in subsection (2.5) of subsection (c) of Section | ||||||
20 | 6z-112 of the State Finance Act, which will serve as a | ||||||
21 | reoccurring revenue stream for the benefit of Social Equity | ||||||
22 | Applicants, Social Equity Applicant owners, and Ancillary | ||||||
23 | Social Equity Businesses. | ||||||
24 | (d) Notwithstanding any other law to the contrary, the | ||||||
25 | Cannabis Business Development Fund is not subject to sweeps, | ||||||
26 | administrative charge-backs, or any other fiscal or budgetary |
| |||||||
| |||||||
1 | maneuver that would in any way transfer any amounts from the | ||||||
2 | Cannabis Business Development Fund into any other fund of the | ||||||
3 | State.
| ||||||
4 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) | ||||||
5 | (410 ILCS 705/7-15)
| ||||||
6 | Sec. 7-15. Loans and grants to Social Equity Applicants | ||||||
7 | and Ancillary Social Equity Businesses . | ||||||
8 | (a) The Department of Commerce and Economic Opportunity | ||||||
9 | shall establish grant and loan programs, subject to | ||||||
10 | appropriations from the Cannabis Business Development Fund, | ||||||
11 | for the purposes of providing financial assistance, loans, | ||||||
12 | grants, and technical assistance to Social Equity Applicants. | ||||||
13 | (b) The Department of Commerce and Economic Opportunity | ||||||
14 | has the power to: | ||||||
15 | (1) provide Cannabis Social Equity loans and grants | ||||||
16 | from appropriations from the Cannabis Business Development | ||||||
17 | Fund to assist Qualified Social Equity Applicants in | ||||||
18 | gaining entry to, and successfully operating in, the | ||||||
19 | State's regulated cannabis marketplace; | ||||||
20 | (2) enter into agreements that set forth terms and | ||||||
21 | conditions of the financial assistance, accept funds or | ||||||
22 | grants, and engage in cooperation with financial | ||||||
23 | intermediaries, private entities , and agencies of State or | ||||||
24 | local government to carry out the purposes of this | ||||||
25 | Section; |
| |||||||
| |||||||
1 | (3) fix, determine, charge, and collect any premiums, | ||||||
2 | fees, charges, costs and expenses, including application | ||||||
3 | fees, commitment fees, program fees, financing charges, or | ||||||
4 | publication fees in connection with its activities under | ||||||
5 | this Section; | ||||||
6 | (4) coordinate assistance under these loan programs | ||||||
7 | with activities of the Illinois Department of Financial | ||||||
8 | and Professional Regulation, the Illinois Department of | ||||||
9 | Agriculture, the Commission, and other agencies as needed | ||||||
10 | to maximize the effectiveness and efficiency of this Act; | ||||||
11 | (5) provide staff, administration, and related support | ||||||
12 | required to administer this Section; | ||||||
13 | (6) take whatever actions are necessary or appropriate | ||||||
14 | to protect the State's interest in the event of | ||||||
15 | bankruptcy, default, foreclosure, or noncompliance with | ||||||
16 | the terms and conditions of financial assistance provided | ||||||
17 | under this Section, including the ability to recapture | ||||||
18 | funds if the recipient is found to be noncompliant with | ||||||
19 | the terms and conditions of the financial assistance | ||||||
20 | agreement; | ||||||
21 | (7) establish application, notification, contract, and | ||||||
22 | other forms, procedures, or rules deemed necessary and | ||||||
23 | appropriate; | ||||||
24 | and | ||||||
25 | (7.5) enter into financial intermediary agreements | ||||||
26 | that facilitate lending to Qualified Social Equity |
| |||||||
| |||||||
1 | Applicants and Ancillary Social Equity Businesses, which | ||||||
2 | may provide for, but need not be limited to, participation | ||||||
3 | agreements in which the Department of Commerce and | ||||||
4 | Economic Opportunity purchases an undivided interest in a | ||||||
5 | loan, establishment of collateral support funds, financial | ||||||
6 | aid for loan loss reserve accounts, or similar forms of | ||||||
7 | support intended to leverage private investment; and | ||||||
8 | (8) utilize vendors or contract work to carry out the | ||||||
9 | purposes of this Act. | ||||||
10 | (c) Loans made under this Section: | ||||||
11 | (1) shall only be made if, in the Department's | ||||||
12 | judgment, the project furthers the goals set forth in this | ||||||
13 | Act; and | ||||||
14 | (2) shall be in such principal amount and form and | ||||||
15 | contain such terms and provisions with respect to | ||||||
16 | security, insurance, reporting, delinquency charges, | ||||||
17 | default remedies, and other matters as the Department | ||||||
18 | shall determine appropriate to protect the public interest | ||||||
19 | and to be consistent with the purposes of this Section. | ||||||
20 | The terms and provisions may be less than required for | ||||||
21 | similar loans not covered by this Section. | ||||||
22 | (d) Grants made under this Section shall be awarded on a | ||||||
23 | competitive and annual basis under the Grant Accountability | ||||||
24 | and Transparency Act. Grants made under this Section shall | ||||||
25 | further and promote the goals of this Act, including promotion | ||||||
26 | of Social Equity Applicants, job training and workforce |
| |||||||
| |||||||
1 | development, and technical assistance to Social Equity | ||||||
2 | Applicants. The Department of Commerce and Economic | ||||||
3 | Opportunity shall coordinate with the Commission and may enter | ||||||
4 | into intergovernmental agreements for the purposes of | ||||||
5 | establishing policies and administering the grant program. | ||||||
6 | (e) Beginning January 1, 2021 and each year thereafter, | ||||||
7 | the Department shall collaborate with the Commission on data | ||||||
8 | collection and reporting shall annually report to the Governor | ||||||
9 | and the General Assembly on the outcomes and effectiveness of | ||||||
10 | this Section that shall include the following: | ||||||
11 | (1) the number of persons or businesses receiving | ||||||
12 | financial assistance under this Section; | ||||||
13 | (2) the amount in financial assistance awarded in the | ||||||
14 | aggregate, in addition to the amount of loans made that | ||||||
15 | are outstanding and the amount of grants awarded; | ||||||
16 | (3) the location of the project engaged in by the | ||||||
17 | person or business; and | ||||||
18 | (4) if applicable, the number of new jobs and other | ||||||
19 | forms of economic output created as a result of the | ||||||
20 | financial assistance. | ||||||
21 | (f) The Department of Commerce and Economic Opportunity | ||||||
22 | shall include engagement with individuals with limited English | ||||||
23 | proficiency as part of its outreach provided or targeted to | ||||||
24 | attract and support Social Equity Applicants.
| ||||||
25 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) |
| |||||||
| |||||||
1 | (410 ILCS 705/7-20)
| ||||||
2 | Sec. 7-20. Fee waivers. | ||||||
3 | (a) For Social Equity Applicants, the Commission | ||||||
4 | Department of Financial and Professional Regulation and the | ||||||
5 | Department of Agriculture shall waive 50% of any nonrefundable | ||||||
6 | license application fees, any nonrefundable fees associated | ||||||
7 | with purchasing a license to operate a cannabis business | ||||||
8 | establishment, and any surety bond or other financial | ||||||
9 | requirements, provided a Social Equity Applicant meets the | ||||||
10 | following qualifications at the time the payment is due: | ||||||
11 | (1) the applicant, including all individuals and | ||||||
12 | entities with 10% or greater ownership and all parent | ||||||
13 | companies, subsidiaries, and affiliates, has less than a | ||||||
14 | total of $750,000 of income in the previous calendar year; | ||||||
15 | and | ||||||
16 | (2) the applicant, including all individuals and | ||||||
17 | entities with 10% or greater ownership and all parent | ||||||
18 | companies, subsidiaries, and affiliates, has no more than | ||||||
19 | 2 other licenses for cannabis business establishments in | ||||||
20 | the State of Illinois. | ||||||
21 | (b) The Commission Department of Financial and | ||||||
22 | Professional Regulation and the Department of Agriculture may | ||||||
23 | require Social Equity Applicants to attest that they meet the | ||||||
24 | requirements for a fee waiver as provided in subsection (a) | ||||||
25 | and to provide evidence of annual total income in the previous | ||||||
26 | calendar year. |
| |||||||
| |||||||
1 | (c) If the Commission Department of Financial and | ||||||
2 | Professional Regulation or the Department of Agriculture | ||||||
3 | determines that an applicant who applied as a Social Equity | ||||||
4 | Applicant is not eligible for such status, the applicant shall | ||||||
5 | be provided an additional 10 days to provide alternative | ||||||
6 | evidence that he or she qualifies as a Social Equity | ||||||
7 | Applicant. Alternatively, the applicant may pay the remainder | ||||||
8 | of the waived fee and be considered as a non-Social Equity | ||||||
9 | Applicant. If the applicant cannot do either, then the | ||||||
10 | Departments may keep the initial application fee and the | ||||||
11 | application shall not be graded.
| ||||||
12 | (Source: P.A. 101-27, eff. 6-25-19.) | ||||||
13 | (410 ILCS 705/7-25)
| ||||||
14 | Sec. 7-25. Transfer of license awarded to Qualified Social | ||||||
15 | Equity Applicant. | ||||||
16 | (a) In the event a Qualified Social Equity Applicant seeks | ||||||
17 | to transfer, sell, or grant a cannabis business establishment | ||||||
18 | license within 5 years after it was issued to a person or | ||||||
19 | entity that does not qualify as a Social Equity Applicant, the | ||||||
20 | transfer agreement shall require the new license holder to pay | ||||||
21 | the Cannabis Business Development Fund an amount equal to: | ||||||
22 | (1) any fees that were waived by any State agency | ||||||
23 | based on the applicant's status as a Social Equity | ||||||
24 | Applicant, if applicable; | ||||||
25 | (2) any outstanding amount owed by the Qualified |
| |||||||
| |||||||
1 | Social Equity Applicant for a loan through the Cannabis | ||||||
2 | Business Development Fund, if applicable; and | ||||||
3 | (3) the full amount of any grants that the Qualified | ||||||
4 | Social Equity Applicant received from the Department of | ||||||
5 | Commerce and Economic Opportunity, if applicable. | ||||||
6 | (b) Transfers of cannabis business establishment licenses | ||||||
7 | awarded to a Social Equity Applicant are subject to all other | ||||||
8 | provisions of this Act , the Compassionate Use of Medical | ||||||
9 | Cannabis Program Act, and rules regarding transfers .
| ||||||
10 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) | ||||||
11 | (410 ILCS 705/7-30)
| ||||||
12 | Sec. 7-30. Reporting. By January 1, 2021, and on January 1 | ||||||
13 | of every year thereafter, or upon request by the Illinois | ||||||
14 | Cannabis Regulation Oversight Officer, each cannabis business | ||||||
15 | establishment licensed under this Act and the Compassionate | ||||||
16 | Use of Medical Cannabis Program Act shall report to the | ||||||
17 | Illinois Cannabis Regulation Oversight Officer, on a form to | ||||||
18 | be provided by the Illinois Cannabis Regulation Oversight | ||||||
19 | Officer, information that will allow it to assess the extent | ||||||
20 | of diversity in the medical and adult use cannabis industry | ||||||
21 | and methods for reducing or eliminating any identified | ||||||
22 | barriers to entry, including access to capital. Failure of a | ||||||
23 | cannabis business establishment to respond to the request of | ||||||
24 | the Cannabis Regulation Oversight Officer to complete the | ||||||
25 | form, report, and any other request for information may be |
| |||||||
| |||||||
1 | grounds for disciplinary action by the Commission Department | ||||||
2 | of Financial and Professional Regulation or the Department of | ||||||
3 | Agriculture . The information to be collected shall be designed | ||||||
4 | to identify the following: | ||||||
5 | (1) the number and percentage of licenses provided to | ||||||
6 | Social Equity Applicants and to businesses owned by | ||||||
7 | minorities, women, veterans, and people with disabilities; | ||||||
8 | (2) the total number and percentage of employees in | ||||||
9 | the cannabis industry who meet the criteria in (3)(i) or | ||||||
10 | (3)(ii) in the definition of Social Equity Applicant or | ||||||
11 | who are minorities, women, veterans, or people with | ||||||
12 | disabilities; | ||||||
13 | (3) the total number and percentage of contractors and | ||||||
14 | subcontractors in the cannabis industry that meet the | ||||||
15 | definition of a Social Equity Applicant or who are owned | ||||||
16 | by minorities, women, veterans, or people with | ||||||
17 | disabilities, if known to the cannabis business | ||||||
18 | establishment; and | ||||||
19 | (4) recommendations on reducing or eliminating any | ||||||
20 | identified barriers to entry, including access to capital, | ||||||
21 | in the cannabis industry.
| ||||||
22 | (Source: P.A. 101-27, eff. 6-25-19; 102-98, eff. 7-15-21.) | ||||||
23 | (410 ILCS 705/10-5)
| ||||||
24 | Sec. 10-5. Personal use of cannabis; restrictions on | ||||||
25 | cultivation; penalties. |
| |||||||
| |||||||
1 | (a) Beginning January 1, 2020, notwithstanding any other | ||||||
2 | provision of law, and except as otherwise provided in this | ||||||
3 | Act, the following acts are not a violation of this Act and | ||||||
4 | shall not be a criminal or civil offense under State law or the | ||||||
5 | ordinances of any unit of local government of this State or be | ||||||
6 | a basis for seizure or forfeiture of assets under State law for | ||||||
7 | persons other than natural individuals under 21 years of age: | ||||||
8 | (1) possession, consumption, use, purchase, obtaining, | ||||||
9 | or transporting cannabis paraphernalia or an amount of | ||||||
10 | cannabis for personal use that does not exceed the | ||||||
11 | possession limit under Section 10-10 or otherwise in | ||||||
12 | accordance with the requirements of this Act; | ||||||
13 | (2) cultivation of cannabis for personal use in | ||||||
14 | accordance with the requirements of this Act; and | ||||||
15 | (3) controlling property if actions that are | ||||||
16 | authorized by this Act occur on the property in accordance | ||||||
17 | with this Act. | ||||||
18 | (a-1) Beginning January 1, 2020, notwithstanding any other | ||||||
19 | provision of law, and except as otherwise provided in this | ||||||
20 | Act, possessing, consuming, using, purchasing, obtaining, or | ||||||
21 | transporting cannabis paraphernalia or an amount of cannabis | ||||||
22 | purchased or produced in accordance with this Act that does | ||||||
23 | not exceed the possession limit under subsection (a) of | ||||||
24 | Section 10-10 shall not be a basis for seizure or forfeiture of | ||||||
25 | assets under State law. | ||||||
26 | (b) Cultivating cannabis for personal use is subject to |
| |||||||
| |||||||
1 | the following limitations: | ||||||
2 | (1) An Illinois resident 21 years of age or older who | ||||||
3 | is a registered qualifying patient under the Compassionate | ||||||
4 | Use of Medical Cannabis Program Act may cultivate cannabis | ||||||
5 | plants, with a limit of 5 plants that are more than 5 | ||||||
6 | inches tall, per household without a cultivation center or | ||||||
7 | craft grower license. In this Section, "resident" means a | ||||||
8 | person who has been domiciled in the State of Illinois for | ||||||
9 | a period of 30 days before cultivation. | ||||||
10 | (2) Cannabis cultivation must take place in an | ||||||
11 | enclosed, locked space. | ||||||
12 | (3) Adult registered qualifying patients may purchase | ||||||
13 | cannabis seeds from a dispensary for the purpose of home | ||||||
14 | cultivation. Seeds may not be given or sold to any other | ||||||
15 | person. | ||||||
16 | (4) Cannabis plants shall not be stored or placed in a | ||||||
17 | location where they are subject to ordinary public view, | ||||||
18 | as defined in this Act. A registered qualifying patient | ||||||
19 | who cultivates cannabis under this Section shall take | ||||||
20 | reasonable precautions to ensure the plants are secure | ||||||
21 | from unauthorized access, including unauthorized access by | ||||||
22 | a person under 21 years of age. | ||||||
23 | (5) Cannabis cultivation may occur only on residential | ||||||
24 | property lawfully in possession of the cultivator or with | ||||||
25 | the consent of the person in lawful possession of the | ||||||
26 | property. An owner or lessor of residential property may |
| |||||||
| |||||||
1 | prohibit the cultivation of cannabis by a lessee. | ||||||
2 | (6) (Blank). | ||||||
3 | (7) A dwelling, residence, apartment, condominium | ||||||
4 | unit, enclosed, locked space, or piece of property not | ||||||
5 | divided into multiple dwelling units shall not contain | ||||||
6 | more than 5 plants at any one time. | ||||||
7 | (8) Cannabis plants may only be tended by registered | ||||||
8 | qualifying patients who reside at the residence, or their | ||||||
9 | authorized agent attending to the residence for brief | ||||||
10 | periods, such as when the qualifying patient is | ||||||
11 | temporarily away from the residence. | ||||||
12 | (9) A registered qualifying patient who cultivates | ||||||
13 | more than the allowable number of cannabis plants, or who | ||||||
14 | sells or gives away cannabis plants, cannabis, or | ||||||
15 | cannabis-infused products produced under this Section, is | ||||||
16 | liable for penalties as provided by law, including the | ||||||
17 | Cannabis Control Act, in addition to loss of home | ||||||
18 | cultivation privileges as established by rule.
| ||||||
19 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) | ||||||
20 | (410 ILCS 705/10-10)
| ||||||
21 | Sec. 10-10. Possession limit. | ||||||
22 | (a) Except if otherwise authorized by this Act, for a | ||||||
23 | person who is 21 years of age or older and a resident of this | ||||||
24 | State, the possession limit is as follows: | ||||||
25 | (1) 30 grams of cannabis flower; |
| |||||||
| |||||||
1 | (2) no more than 500 milligrams of THC contained in | ||||||
2 | cannabis-infused product; | ||||||
3 | (3) 5 grams of cannabis concentrate; and | ||||||
4 | (4) for registered qualifying patients, any cannabis | ||||||
5 | produced by cannabis plants grown under subsection (b) of | ||||||
6 | Section 10-5, provided any amount of cannabis produced in | ||||||
7 | excess of 30 grams of raw cannabis or its equivalent must | ||||||
8 | remain secured within the residence or residential | ||||||
9 | property in which it was grown. | ||||||
10 | (b) For a person who is 21 years of age or older and who is | ||||||
11 | not a resident of this State, the possession limit is: | ||||||
12 | (1) 15 grams of cannabis flower; | ||||||
13 | (2) 2.5 grams of cannabis concentrate; and | ||||||
14 | (3) 250 milligrams of THC contained in a | ||||||
15 | cannabis-infused product. | ||||||
16 | (c) The possession limits found in subsections (a) and (b) | ||||||
17 | of this Section are to be considered cumulative. | ||||||
18 | (d) No person shall knowingly obtain, seek to obtain, or | ||||||
19 | possess an amount of cannabis from a dispensing organization | ||||||
20 | or craft grower that would cause him or her to exceed the | ||||||
21 | possession limit under this Section, including cannabis that | ||||||
22 | is cultivated by a person under this Act or obtained under the | ||||||
23 | Compassionate Use of Medical Cannabis Program Act .
| ||||||
24 | (e) Cannabis and cannabis-derived substances regulated | ||||||
25 | under the Industrial Hemp Act are not covered by this Act. | ||||||
26 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) |
| |||||||
| |||||||
1 | (410 ILCS 705/10-15)
| ||||||
2 | Sec. 10-15. Persons under 21 years of age. | ||||||
3 | (a) Nothing in this Act is intended to permit the transfer | ||||||
4 | of cannabis, with or without remuneration, to a person under | ||||||
5 | 21 years of age, or to allow a person under 21 years of age to | ||||||
6 | purchase, possess, use, process, transport, grow, or consume | ||||||
7 | cannabis except where authorized by the Compassionate Use of | ||||||
8 | Medical Cannabis Program Act or by the Community College | ||||||
9 | Cannabis Vocational Pilot Program. | ||||||
10 | (b) Notwithstanding any other provisions of law | ||||||
11 | authorizing the possession of medical cannabis, nothing in | ||||||
12 | this Act authorizes a person who is under 21 years of age to | ||||||
13 | possess cannabis. A person under 21 years of age with cannabis | ||||||
14 | in his or her possession is guilty of a civil law violation as | ||||||
15 | outlined in paragraph (a) of Section 4 of the Cannabis Control | ||||||
16 | Act. | ||||||
17 | (c) If the person under the age of 21 was in a motor | ||||||
18 | vehicle at the time of the offense, the Secretary of State may | ||||||
19 | suspend or revoke the driving privileges of any person for a | ||||||
20 | violation of this Section under Section 6-206 of the Illinois | ||||||
21 | Vehicle Code and the rules adopted under it. | ||||||
22 | (d) It is unlawful for any parent or guardian to knowingly | ||||||
23 | permit his or her residence, any other private property under | ||||||
24 | his or her control, or any vehicle, conveyance, or watercraft | ||||||
25 | under his or her control to be used by an invitee of the |
| |||||||
| |||||||
1 | parent's child or the guardian's ward, if the invitee is under | ||||||
2 | the age of 21, in a manner that constitutes a violation of this | ||||||
3 | Section. A parent or guardian is deemed to have knowingly | ||||||
4 | permitted his or her residence, any other private property | ||||||
5 | under his or her control, or any vehicle, conveyance, or | ||||||
6 | watercraft under his or her control to be used in violation of | ||||||
7 | this Section if he or she knowingly authorizes or permits | ||||||
8 | consumption of cannabis by underage invitees. Any person who | ||||||
9 | violates this subsection (d) is guilty of a Class A | ||||||
10 | misdemeanor and the person's sentence shall include, but shall | ||||||
11 | not be limited to, a fine of not less than $500. If a violation | ||||||
12 | of this subsection (d) directly or indirectly results in great | ||||||
13 | bodily harm or death to any person, the person violating this | ||||||
14 | subsection is guilty of a Class 4 felony. In this subsection | ||||||
15 | (d), where the residence or other property has an owner and a | ||||||
16 | tenant or lessee, the trier of fact may infer that the | ||||||
17 | residence or other property is occupied only by the tenant or | ||||||
18 | lessee.
| ||||||
19 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) | ||||||
20 | (410 ILCS 705/10-20)
| ||||||
21 | Sec. 10-20. Identification; false identification; penalty. | ||||||
22 | (a) To protect personal privacy, the Commission Department | ||||||
23 | of Financial and Professional Regulation shall not require a | ||||||
24 | purchaser to provide a dispensing organization with personal | ||||||
25 | information other than government-issued identification to |
| |||||||
| |||||||
1 | determine the purchaser's age, and a dispensing organization | ||||||
2 | shall not obtain and record personal information about a | ||||||
3 | purchaser without the purchaser's consent. A dispensing | ||||||
4 | organization shall use an electronic reader or electronic | ||||||
5 | scanning device to scan a purchaser's government-issued | ||||||
6 | identification, if applicable, to determine the purchaser's | ||||||
7 | age and the validity of the identification. Any identifying or | ||||||
8 | personal information of a purchaser obtained or received in | ||||||
9 | accordance with this Section shall not be retained, used, | ||||||
10 | shared or disclosed for any purpose except as authorized by | ||||||
11 | this Act. | ||||||
12 | (b) A person who is under 21 years of age may not present | ||||||
13 | or offer to a cannabis business establishment or the cannabis | ||||||
14 | business establishment's principal or employee any written or | ||||||
15 | oral evidence of age that is false, fraudulent, or not | ||||||
16 | actually the person's own, for the purpose of: | ||||||
17 | (1) purchasing, attempting to purchase, or otherwise | ||||||
18 | obtaining or attempting to obtain cannabis or any cannabis | ||||||
19 | product; or | ||||||
20 | (2) gaining access to a cannabis business | ||||||
21 | establishment. | ||||||
22 | (c) A violation of this Section is a Class A misdemeanor | ||||||
23 | consistent with Section 6-20 of the Liquor Control Act of | ||||||
24 | 1934. | ||||||
25 | (d) The Secretary of State may suspend or revoke the | ||||||
26 | driving privileges of any person for a violation of this |
| |||||||
| |||||||
1 | Section under Section 6-206 of the Illinois Vehicle Code and | ||||||
2 | the rules adopted under it. | ||||||
3 | (e) No agent or employee of the licensee shall be | ||||||
4 | disciplined or discharged for selling or furnishing cannabis | ||||||
5 | or cannabis products to a person under 21 years of age if the | ||||||
6 | agent or employee demanded and was shown, before furnishing | ||||||
7 | cannabis or cannabis products to a person under 21 years of | ||||||
8 | age, adequate written evidence of age and identity of the | ||||||
9 | person. This subsection (e) does not apply if the agent or | ||||||
10 | employee accepted the written evidence knowing it to be false | ||||||
11 | or fraudulent. Adequate written evidence of age and identity | ||||||
12 | of the person is a document issued by a federal, State, county, | ||||||
13 | or municipal government, or subdivision or agency thereof, | ||||||
14 | including, but not limited to, a motor vehicle operator's | ||||||
15 | license, a registration certificate issued under the Military | ||||||
16 | Selective Service Act, or an identification card issued to a | ||||||
17 | member of the Armed Forces. Proof that the licensee or his or | ||||||
18 | her employee or agent was shown and reasonably relied upon | ||||||
19 | such written evidence in any transaction forbidden by this | ||||||
20 | Section is an affirmative defense in any criminal prosecution | ||||||
21 | therefor or to any proceedings for the suspension or | ||||||
22 | revocation of any license based thereon.
| ||||||
23 | (Source: P.A. 101-27, eff. 6-25-19.) | ||||||
24 | (410 ILCS 705/10-35)
| ||||||
25 | Sec. 10-35. Limitations and penalties. |
| |||||||
| |||||||
1 | (a) This Act does not permit any person to engage in, and | ||||||
2 | does not prevent the imposition of any civil, criminal, or | ||||||
3 | other penalties for engaging in, any of the following conduct: | ||||||
4 | (1) undertaking any task under the influence of | ||||||
5 | cannabis when doing so would constitute negligence, | ||||||
6 | professional malpractice, or professional misconduct; | ||||||
7 | (2) possessing cannabis: | ||||||
8 | (A) in a school bus, unless permitted for a | ||||||
9 | qualifying patient or caregiver pursuant to the | ||||||
10 | Compassionate Use of Medical Cannabis Program Act ; | ||||||
11 | (B) on the grounds of any preschool or primary or | ||||||
12 | secondary school, unless permitted for a qualifying | ||||||
13 | patient or caregiver pursuant to the Compassionate Use | ||||||
14 | of Medical Cannabis Program Act ; | ||||||
15 | (C) in any correctional facility; | ||||||
16 | (D) in a vehicle not open to the public unless the | ||||||
17 | cannabis is in a reasonably secured, sealed or | ||||||
18 | resealable container and reasonably inaccessible while | ||||||
19 | the vehicle is moving; or | ||||||
20 | (E) in a private residence that is used at any time | ||||||
21 | to provide licensed child care or other similar social | ||||||
22 | service care on the premises; | ||||||
23 | (3) using cannabis: | ||||||
24 | (A) in a school bus, unless permitted for a | ||||||
25 | qualifying patient or caregiver pursuant to the | ||||||
26 | Compassionate Use of Medical Cannabis Program Act ; |
| |||||||
| |||||||
1 | (B) on the grounds of any preschool or primary or | ||||||
2 | secondary school, unless permitted for a qualifying | ||||||
3 | patient or caregiver pursuant to the Compassionate Use | ||||||
4 | of Medical Cannabis Program Act ; | ||||||
5 | (C) in any correctional facility; | ||||||
6 | (D) in any motor vehicle; | ||||||
7 | (E) in a private residence that is used at any time | ||||||
8 | to provide licensed child care or other similar social | ||||||
9 | service care on the premises; | ||||||
10 | (F) in any public place; or | ||||||
11 | (G) knowingly in close physical proximity to | ||||||
12 | anyone under 21 years of age who is not a registered | ||||||
13 | medical cannabis patient under the Compassionate Use | ||||||
14 | of Medical Cannabis Program Act ; | ||||||
15 | (4) smoking cannabis in any place where smoking is | ||||||
16 | prohibited under the Smoke Free Illinois Act; | ||||||
17 | (5) operating, navigating, or being in actual physical | ||||||
18 | control of any motor vehicle, aircraft, watercraft, or | ||||||
19 | snowmobile while using or under the influence of cannabis | ||||||
20 | in violation of Section 11-501 or 11-502.1 of the Illinois | ||||||
21 | Vehicle Code, Section 5-16 of the Boat Registration and | ||||||
22 | Safety Act, or Section 5-7 of the Snowmobile Registration | ||||||
23 | and Safety Act; | ||||||
24 | (6) facilitating the use of cannabis by any person who | ||||||
25 | is not allowed to use cannabis under this Act or the | ||||||
26 | Compassionate Use of Medical Cannabis Program Act ; |
| |||||||
| |||||||
1 | (7) transferring cannabis to any person contrary to | ||||||
2 | this Act or the Compassionate Use of Medical Cannabis | ||||||
3 | Program Act ; | ||||||
4 | (8) the use of cannabis by a law enforcement officer, | ||||||
5 | corrections officer, probation officer, or firefighter | ||||||
6 | while on duty; nothing in this Act prevents a public | ||||||
7 | employer of law enforcement officers, corrections | ||||||
8 | officers, probation officers, paramedics, or firefighters | ||||||
9 | from prohibiting or taking disciplinary action for the | ||||||
10 | consumption, possession, sales, purchase, or delivery of | ||||||
11 | cannabis or cannabis-infused substances while on or off | ||||||
12 | duty, unless provided for in the employer's policies. | ||||||
13 | However, an employer may not take adverse employment | ||||||
14 | action against an employee based solely on the lawful | ||||||
15 | possession or consumption of cannabis or cannabis-infused | ||||||
16 | substances by members of the employee's household. To the | ||||||
17 | extent that this Section conflicts with any applicable | ||||||
18 | collective bargaining agreement, the provisions of the | ||||||
19 | collective bargaining agreement shall prevail. Further, | ||||||
20 | nothing in this Act shall be construed to limit in any way | ||||||
21 | the right to collectively bargain over the subject matters | ||||||
22 | contained in this Act; or | ||||||
23 | (9) the use of cannabis by a person who has a school | ||||||
24 | bus permit or a Commercial Driver's License while on duty. | ||||||
25 | As used in this Section, "public place" means any place | ||||||
26 | where a person could reasonably be expected to be observed by |
| |||||||
| |||||||
1 | others. "Public place" includes all parts of buildings owned | ||||||
2 | in whole or in part, or leased, by the State or a unit of local | ||||||
3 | government. "Public place" includes all areas in a park, | ||||||
4 | recreation area, wildlife area, or playground owned in whole | ||||||
5 | or in part, leased, or managed by the State or a unit of local | ||||||
6 | government. "Public place" does not include a private | ||||||
7 | residence unless the private residence is used to provide | ||||||
8 | licensed child care, foster care, or other similar social | ||||||
9 | service care on the premises. | ||||||
10 | (b) Nothing in this Act shall be construed to prevent the | ||||||
11 | arrest or prosecution of a person for reckless driving or | ||||||
12 | driving under the influence of cannabis, operating a | ||||||
13 | watercraft under the influence of cannabis, or operating a | ||||||
14 | snowmobile under the influence of cannabis if probable cause | ||||||
15 | exists. | ||||||
16 | (c) Nothing in this Act shall prevent a private business | ||||||
17 | from restricting or prohibiting the use of cannabis on its | ||||||
18 | property, including areas where motor vehicles are parked. | ||||||
19 | (d) Nothing in this Act shall require an individual or | ||||||
20 | business entity to violate the provisions of federal law, | ||||||
21 | including colleges or universities that must abide by the | ||||||
22 | Drug-Free Schools and Communities Act Amendments of 1989, that | ||||||
23 | require campuses to be drug free.
| ||||||
24 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; | ||||||
25 | 102-98, eff. 7-15-21.) |
| |||||||
| |||||||
1 | (410 ILCS 705/10-40)
| ||||||
2 | Sec. 10-40. Restore, Reinvest, and Renew Program. | ||||||
3 | (a) The General Assembly finds that in order to address | ||||||
4 | the disparities described below, aggressive approaches and | ||||||
5 | targeted resources to support local design and control of | ||||||
6 | community-based responses to these outcomes are required. To | ||||||
7 | carry out this intent, the Restore, Reinvest, and Renew (R3) | ||||||
8 | Program is created for the following purposes: | ||||||
9 | (1) to directly address the impact of economic | ||||||
10 | disinvestment, violence, and the historical overuse of | ||||||
11 | criminal justice responses to community and individual | ||||||
12 | needs by providing resources to support local design and | ||||||
13 | control of community-based responses to these impacts; | ||||||
14 | (2) to substantially reduce both the total amount of | ||||||
15 | gun violence and concentrated poverty in this State; | ||||||
16 | (3) to protect communities from gun violence through | ||||||
17 | targeted investments and intervention programs, including | ||||||
18 | economic growth and improving family violence prevention, | ||||||
19 | community trauma treatment rates, gun injury victim | ||||||
20 | services, and public health prevention activities; | ||||||
21 | (4) to promote employment infrastructure and capacity | ||||||
22 | building related to the social determinants of health in | ||||||
23 | the eligible community areas. | ||||||
24 | (b) In this Section, "Authority" means the Illinois | ||||||
25 | Criminal Justice Information Authority in coordination with | ||||||
26 | the Justice, Equity, and Opportunity Initiative of the |
| |||||||
| |||||||
1 | Lieutenant Governor's Office. | ||||||
2 | (c) Eligibility of R3 Areas. Within 180 days after the
| ||||||
3 | effective date of this Act, the Authority shall identify as
| ||||||
4 | eligible, areas in this State by way of historically | ||||||
5 | recognized
geographic boundaries, to be designated by the | ||||||
6 | Restore, Reinvest, and Renew Program Board as R3 Areas and | ||||||
7 | therefore eligible
to apply for R3 funding. Local groups | ||||||
8 | within R3 Areas will be
eligible to apply for State funding | ||||||
9 | through the Restore, Reinvest, and Renew Program Board. | ||||||
10 | Qualifications for designation as an R3 Area are as follows: | ||||||
11 | (1) Based on an analysis of data, communities in this | ||||||
12 | State that are high need, underserved, disproportionately | ||||||
13 | impacted by historical economic disinvestment, and ravaged | ||||||
14 | by violence as indicated by the highest rates of gun | ||||||
15 | injury, unemployment, child poverty rates, and commitments | ||||||
16 | to and returns from the Illinois Department of | ||||||
17 | Corrections. | ||||||
18 | (2) The Authority shall send to the Legislative Audit | ||||||
19 | Commission and make publicly available its analysis and | ||||||
20 | identification of eligible R3 Areas and shall recalculate | ||||||
21 | the eligibility data every 4 years. On an annual basis, | ||||||
22 | the Authority shall analyze data and indicate if data | ||||||
23 | covering any R3 Area or portion of an Area has, for 4 | ||||||
24 | consecutive years, substantially deviated from the average | ||||||
25 | of statewide data on which the original calculation was | ||||||
26 | made to determine the Areas, including disinvestment, |
| |||||||
| |||||||
1 | violence, gun injury, unemployment, child poverty rates, | ||||||
2 | or commitments to or returns from the Illinois Department | ||||||
3 | of Corrections. | ||||||
4 | (d) The Restore, Reinvest, and Renew Program Board shall | ||||||
5 | encourage collaborative partnerships within each R3 Area to | ||||||
6 | minimize multiple partnerships per Area. | ||||||
7 | (e) The Restore, Reinvest, and Renew Program Board is | ||||||
8 | created and shall reflect the diversity of the State of | ||||||
9 | Illinois, including geographic, racial, and ethnic diversity. | ||||||
10 | Using the data provided by the Authority, the Restore, | ||||||
11 | Reinvest, and Renew Program Board shall be responsible for | ||||||
12 | designating the R3 Area boundaries and for the selection and | ||||||
13 | oversight of R3 Area grantees. The Restore, Reinvest, and | ||||||
14 | Renew Program Board ex officio members shall, within 4 months | ||||||
15 | after the effective date of this Act, convene the Board to | ||||||
16 | appoint a full Restore, Reinvest, and Renew Program Board and | ||||||
17 | oversee, provide guidance to, and develop an administrative | ||||||
18 | structure for the R3 Program. | ||||||
19 | (1) The ex officio members are: | ||||||
20 | (A) The Lieutenant Governor, or his or her | ||||||
21 | designee, who shall serve as chair. | ||||||
22 | (B) The Attorney General, or his or her | ||||||
23 | designee. | ||||||
24 | (C) The Director of Commerce and Economic | ||||||
25 | Opportunity, or his or her designee. | ||||||
26 | (D) The Director of Public Health, or his or |
| |||||||
| |||||||
1 | her designee. | ||||||
2 | (E) The Director of Corrections, or his or her | ||||||
3 | designee. | ||||||
4 | (F) The Director of Juvenile Justice, or his | ||||||
5 | or her designee. | ||||||
6 | (G) The Director of Children and Family | ||||||
7 | Services, or his or her designee. | ||||||
8 | (H) The Executive Director of the Illinois | ||||||
9 | Criminal Justice Information Authority, or his or | ||||||
10 | her designee. | ||||||
11 | (I) The Director of Employment Security, or | ||||||
12 | his or her designee. | ||||||
13 | (J) The Secretary of Human Services, or his or | ||||||
14 | her designee. | ||||||
15 | (K) A member of the Senate, designated by the | ||||||
16 | President of the Senate. | ||||||
17 | (L) A member of the House of Representatives, | ||||||
18 | designated by the Speaker of the House of | ||||||
19 | Representatives. | ||||||
20 | (M) A member of the Senate, designated by the | ||||||
21 | Minority Leader of the Senate. | ||||||
22 | (N) A member of the House of Representatives, | ||||||
23 | designated by the Minority Leader of the House of | ||||||
24 | Representatives. | ||||||
25 | (2) Within 90 days after the R3 Areas have been | ||||||
26 | designated by the Restore, Reinvest, and Renew Program |
| |||||||
| |||||||
1 | Board, the following members shall be appointed to the | ||||||
2 | Board by the R3 board chair: | ||||||
3 | (A) Eight public officials of municipal geographic | ||||||
4 | jurisdictions in the State that include an R3 Area, or | ||||||
5 | their designees; | ||||||
6 | (B) Four community-based providers or community | ||||||
7 | development organization representatives who provide | ||||||
8 | services to treat violence and address the social | ||||||
9 | determinants of health, or promote community | ||||||
10 | investment, including, but not limited to, services | ||||||
11 | such as job placement and training, educational | ||||||
12 | services, workforce development programming, and | ||||||
13 | wealth building. The community-based organization | ||||||
14 | representatives shall work primarily in jurisdictions | ||||||
15 | that include an R3 Area and no more than 2 | ||||||
16 | representatives shall work primarily in Cook County. | ||||||
17 | At least one of the community-based providers shall | ||||||
18 | have expertise in providing services to an immigrant | ||||||
19 | population; | ||||||
20 | (C) Two experts in the field of violence | ||||||
21 | reduction; | ||||||
22 | (D) One male who has previously been incarcerated | ||||||
23 | and is over the age of 24 at the time of appointment; | ||||||
24 | (E) One female who has previously been | ||||||
25 | incarcerated and is over the age of 24 at the time of | ||||||
26 | appointment; |
| |||||||
| |||||||
1 | (F) Two individuals who have previously been | ||||||
2 | incarcerated and are between the ages of 17 and 24 at | ||||||
3 | the time of appointment; and | ||||||
4 | (G) Eight individuals who live or work in an R3 | ||||||
5 | Area. | ||||||
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) | ||||||
15 | of 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. The R3 board chair may | ||||||
21 | remove an individual appointed to the Board who does not | ||||||
22 | regularly attend Board meetings, based on criteria | ||||||
23 | approved by the Board. | ||||||
24 | (f) Within 12 months after the effective date of this Act, | ||||||
25 | the Board shall: | ||||||
26 | (1) develop a process to solicit applications from |
| |||||||
| |||||||
1 | eligible R3 Areas; | ||||||
2 | (2) develop a standard template for both planning and | ||||||
3 | implementation activities to be submitted by R3 Areas to | ||||||
4 | the State; | ||||||
5 | (3) identify resources sufficient to support the full | ||||||
6 | administration and evaluation of the R3 Program, including | ||||||
7 | building and sustaining core program capacity at the | ||||||
8 | community and State levels; | ||||||
9 | (4) review R3 Area grant applications and proposed | ||||||
10 | agreements and approve the distribution of resources; | ||||||
11 | (5) develop a performance measurement system that | ||||||
12 | focuses on positive outcomes; | ||||||
13 | (6) develop a process to support ongoing monitoring | ||||||
14 | and evaluation of R3 programs; and | ||||||
15 | (7) deliver an annual report to the General Assembly | ||||||
16 | and to the Governor to be posted on the Governor's Office | ||||||
17 | and General Assembly websites and provide to the public an | ||||||
18 | annual report on its progress. | ||||||
19 | (g) R3 Area grants. | ||||||
20 | (1) Grant funds shall be awarded by the Illinois | ||||||
21 | Criminal Justice Information Authority, in coordination | ||||||
22 | with the R3 board, based on the likelihood that the plan | ||||||
23 | will achieve the outcomes outlined in subsection (a) and | ||||||
24 | consistent with the requirements of the Grant | ||||||
25 | Accountability and Transparency Act , but compliance with | ||||||
26 | the Grant Accountability and Transparency Act is not a |
| |||||||
| |||||||
1 | necessary prerequisite for an organization to receive | ||||||
2 | funds . The R3 Program shall also facilitate the provision | ||||||
3 | of training and technical assistance for capacity building | ||||||
4 | within and among R3 Areas. | ||||||
5 | (2) R3 Program Board grants shall be used to address | ||||||
6 | economic development, violence prevention services, | ||||||
7 | re-entry services, youth development, and civil legal aid. | ||||||
8 | (3) The Restore, Reinvest, and Renew Program Board and | ||||||
9 | the R3 Area grantees shall, within a period of no more than | ||||||
10 | 120 days from the completion of planning activities | ||||||
11 | described in this Section, finalize an agreement on the | ||||||
12 | plan for implementation. Implementation activities may: | ||||||
13 | (A) have a basis in evidence or best practice | ||||||
14 | research or have evaluations demonstrating the | ||||||
15 | capacity to address the purpose of the program in | ||||||
16 | subsection (a); | ||||||
17 | (B) collect data from the inception of planning | ||||||
18 | activities through implementation, with data | ||||||
19 | collection technical assistance when needed, including | ||||||
20 | cost data and data related to identified meaningful | ||||||
21 | short-term, mid-term, and long-term goals and metrics; | ||||||
22 | (C) report data to the Restore, Reinvest, and | ||||||
23 | Renew Program Board biannually; and | ||||||
24 | (D) report information as requested by the R3 | ||||||
25 | Program Board.
| ||||||
26 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; |
| |||||||
| |||||||
1 | 102-98, eff. 7-15-21.) | ||||||
2 | (410 ILCS 705/10-45) | ||||||
3 | Sec. 10-45. Cannabis Equity Commission. | ||||||
4 | (a) The Cannabis Equity Commission is created and shall | ||||||
5 | reflect the diversity of the State of Illinois, including | ||||||
6 | geographic, racial, and ethnic diversity. The Cannabis Equity | ||||||
7 | Commission shall serve as an advisory board to the Cannabis | ||||||
8 | Equity and Oversight Commission. be responsible for the | ||||||
9 | following: | ||||||
10 | (1) Ensuring that equity goals in the Illinois | ||||||
11 | cannabis industry, as stated in Section 10-40, are met. | ||||||
12 | (2) Tracking and analyzing minorities in the | ||||||
13 | marketplace. | ||||||
14 | (3) Ensuring that revenue is being invested properly | ||||||
15 | into R3 areas under Section 10-40. | ||||||
16 | (4) Recommending changes to make the law more | ||||||
17 | equitable to communities harmed the most by the war on | ||||||
18 | drugs. | ||||||
19 | (5) Create standards to protect true social equity | ||||||
20 | applicants from predatory businesses. | ||||||
21 | (b) The Cannabis Equity Commission's ex officio members | ||||||
22 | shall, within 4 months after the effective date of this | ||||||
23 | amendatory Act of the 101st General Assembly, convene the | ||||||
24 | Commission to appoint a full Cannabis Equity Commission and | ||||||
25 | oversee, provide guidance to, and develop an administrative |
| |||||||
| |||||||
1 | structure for the Cannabis Equity Commission. The ex officio | ||||||
2 | members are: | ||||||
3 | (1) The Governor, or his or her designee, who shall | ||||||
4 | serve as chair. | ||||||
5 | (2) The Attorney General, or his or her designee. | ||||||
6 | (3) The Director of Commerce and Economic Opportunity, | ||||||
7 | or his or her designee. | ||||||
8 | (4) The Director of Public Health, or his or her | ||||||
9 | designee. | ||||||
10 | (5) The Director of Corrections, or his or her | ||||||
11 | designee. | ||||||
12 | (6) The Director of Financial and Professional | ||||||
13 | Regulation, or his or her designee. | ||||||
14 | (7) The Director of Agriculture, or his or her | ||||||
15 | designee. | ||||||
16 | (8) The Executive Director of the Illinois Criminal | ||||||
17 | Justice Information Authority, or his or her designee. | ||||||
18 | (9) The Secretary of Human Services, or his or her | ||||||
19 | designee. | ||||||
20 | (10) A member of the Senate, designated by the | ||||||
21 | President of the Senate. | ||||||
22 | (11) A member of the House of Representatives, | ||||||
23 | designated by the Speaker of the House of Representatives. | ||||||
24 | (12) A member of the Senate, designated by the | ||||||
25 | Minority Leader of the Senate. | ||||||
26 | (13) A member of the House of Representatives, |
| |||||||
| |||||||
1 | designated by the Minority Leader of the House of | ||||||
2 | Representatives. | ||||||
3 | (c) Within 90 days after the ex officio members convene, | ||||||
4 | the following members shall be appointed to the Commission by | ||||||
5 | the chair: | ||||||
6 | (1) Four community-based providers or community | ||||||
7 | development organization representatives who provide | ||||||
8 | services to treat violence and address the social | ||||||
9 | determinants of health, or promote community investment, | ||||||
10 | including, but not limited to, services such as job | ||||||
11 | placement and training, educational services, workforce | ||||||
12 | development programming, and wealth building. No more than | ||||||
13 | 2 community-based organization representatives shall work | ||||||
14 | primarily in Cook County. At least one of the | ||||||
15 | community-based providers shall have expertise in | ||||||
16 | providing services to an immigrant population. | ||||||
17 | (2) Two experts in the field of violence reduction. | ||||||
18 | (3) One male who has previously been incarcerated and | ||||||
19 | is over the age of 24 at the time of appointment. | ||||||
20 | (4) One female who has previously been incarcerated | ||||||
21 | and is over the age of 24 at the time of appointment. | ||||||
22 | (5) Two individuals who have previously been | ||||||
23 | incarcerated and are between the ages of 17 and 24 at the | ||||||
24 | time of appointment. | ||||||
25 | As used in this subsection (c), "an individual who has | ||||||
26 | been previously incarcerated" has the same meaning as defined |
| |||||||
| |||||||
1 | in paragraph (2) of subsection (e) of Section 10-40.
| ||||||
2 | (Source: P.A. 101-658, eff. 3-23-21.) | ||||||
3 | (410 ILCS 705/10-50)
| ||||||
4 | Sec. 10-50. Employment; employer liability. | ||||||
5 | (a) Nothing in this Act shall prohibit an employer from | ||||||
6 | adopting reasonable zero tolerance or drug free workplace | ||||||
7 | policies, or employment policies concerning drug testing, | ||||||
8 | smoking, consumption, storage, or use of cannabis in the | ||||||
9 | workplace or while on call provided that the policy is applied | ||||||
10 | in a nondiscriminatory manner. | ||||||
11 | (b) Nothing in this Act shall require an employer to | ||||||
12 | permit an employee to be under the influence of or use cannabis | ||||||
13 | in the employer's workplace or while performing the employee's | ||||||
14 | job duties or while on call. | ||||||
15 | (c) Nothing in this Act shall limit or prevent an employer | ||||||
16 | from disciplining an employee or terminating employment of an | ||||||
17 | employee for violating an employer's employment policies or | ||||||
18 | workplace drug policy. | ||||||
19 | (d) An employer may consider an employee to be impaired or | ||||||
20 | under the influence of cannabis if the employer has a good | ||||||
21 | faith belief that an employee manifests specific, articulable | ||||||
22 | symptoms while working that decrease or lessen the employee's | ||||||
23 | performance of the duties or tasks of the employee's job | ||||||
24 | position, including symptoms of the employee's speech, | ||||||
25 | physical dexterity, agility, coordination, demeanor, |
| |||||||
| |||||||
1 | irrational or unusual behavior, or negligence or carelessness | ||||||
2 | in operating equipment or machinery; disregard for the safety | ||||||
3 | of the employee or others, or involvement in any accident that | ||||||
4 | results in serious damage to equipment or property; disruption | ||||||
5 | of a production or manufacturing process; or carelessness that | ||||||
6 | results in any injury to the employee or others. If an employer | ||||||
7 | elects to discipline an employee on the basis that the | ||||||
8 | employee is under the influence or impaired by cannabis, the | ||||||
9 | employer must afford the employee a reasonable opportunity to | ||||||
10 | contest the basis of the determination. | ||||||
11 | (e) Nothing in this Act shall be construed to create or | ||||||
12 | imply a cause of action for any person against an employer for: | ||||||
13 | (1) actions taken pursuant to an employer's reasonable | ||||||
14 | workplace drug policy, including but not limited to | ||||||
15 | subjecting an employee or applicant to reasonable drug and | ||||||
16 | alcohol testing, reasonable and nondiscriminatory random | ||||||
17 | drug testing, and discipline, termination of employment, | ||||||
18 | or withdrawal of a job offer due to a failure of a drug | ||||||
19 | test; | ||||||
20 | (2) actions based on the employer's good faith belief | ||||||
21 | that an employee used or possessed cannabis in the | ||||||
22 | employer's workplace or while performing the employee's | ||||||
23 | job duties or while on call in violation of the employer's | ||||||
24 | employment policies; | ||||||
25 | (3) actions, including discipline or termination of | ||||||
26 | employment, based on the employer's good faith belief that |
| |||||||
| |||||||
1 | an employee was impaired as a result of the use of | ||||||
2 | cannabis, or under the influence of cannabis, while at the | ||||||
3 | employer's workplace or while performing the employee's | ||||||
4 | job duties or while on call in violation of the employer's | ||||||
5 | workplace drug policy; or | ||||||
6 | (4) injury, loss, or liability to a third party if the | ||||||
7 | employer neither knew nor had reason to know that the | ||||||
8 | employee was impaired. | ||||||
9 | (f) Nothing in this Act shall be construed to enhance or | ||||||
10 | diminish protections afforded by any other law, including but | ||||||
11 | not limited to the Compassionate Use of Medical Cannabis | ||||||
12 | Program Act or the Opioid Alternative Pilot Program. | ||||||
13 | (g) Nothing in this Act shall be construed to interfere | ||||||
14 | with any federal, State, or local restrictions on employment | ||||||
15 | including, but not limited to, the United States Department of | ||||||
16 | Transportation regulation 49 CFR 40.151(e) or impact an | ||||||
17 | employer's ability to comply with federal or State law or | ||||||
18 | cause it to lose a federal or State contract or funding. | ||||||
19 | (h) As used in this Section, "workplace" means the | ||||||
20 | employer's premises, including any building, real property, | ||||||
21 | and parking area under the control of the employer or area used | ||||||
22 | by an employee while in the performance of the employee's job | ||||||
23 | duties, and vehicles, whether leased, rented, or owned. | ||||||
24 | "Workplace" may be further defined by the employer's written | ||||||
25 | employment policy, provided that the policy is consistent with | ||||||
26 | this Section. |
| |||||||
| |||||||
1 | (i) For purposes of this Section, an employee is deemed | ||||||
2 | "on call" when such employee is scheduled with at least 24 | ||||||
3 | hours' notice by his or her employer to be on standby or | ||||||
4 | otherwise responsible for performing tasks related to his or | ||||||
5 | her employment either at the employer's premises or other | ||||||
6 | previously designated location by his or her employer or | ||||||
7 | supervisor to perform a work-related task.
| ||||||
8 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) | ||||||
9 | (410 ILCS 705/15-5)
| ||||||
10 | Sec. 15-5. Authority. | ||||||
11 | (a) In this Article : , | ||||||
12 | "Commission" means the Cannabis Equity and Oversight | ||||||
13 | Commission. | ||||||
14 | "Department" means the Department of Financial and | ||||||
15 | Professional Regulation. | ||||||
16 | (b) It is the duty of the Commission Department to | ||||||
17 | administer and enforce the provisions of this Act relating to | ||||||
18 | the licensure and oversight of dispensing organizations and | ||||||
19 | dispensing organization agents unless otherwise provided in | ||||||
20 | this Act. | ||||||
21 | (c) No person shall operate a dispensing organization for | ||||||
22 | the purpose of serving purchasers of cannabis or cannabis | ||||||
23 | products without a license issued under this Article by the | ||||||
24 | Commission Department . No person shall be an officer, | ||||||
25 | director, manager, or employee of a dispensing organization |
| |||||||
| |||||||
1 | without having been issued a dispensing organization agent | ||||||
2 | card by the Commission Department . | ||||||
3 | (d) Subject to the provisions of this Act, the Commission | ||||||
4 | Department may exercise the following powers and duties: | ||||||
5 | (1) Prescribe forms to be issued for the | ||||||
6 | administration and enforcement of this Article. | ||||||
7 | (2) Examine, inspect, and investigate the premises, | ||||||
8 | operations, and records of dispensing organization | ||||||
9 | applicants and licensees. | ||||||
10 | (3) Conduct investigations of possible violations of | ||||||
11 | this Act pertaining to dispensing organizations and | ||||||
12 | dispensing organization agents. | ||||||
13 | (4) Conduct hearings on proceedings to refuse to issue | ||||||
14 | or renew licenses or to revoke, suspend, place on | ||||||
15 | probation, reprimand, or otherwise discipline a license | ||||||
16 | under this Article or take other nondisciplinary action. | ||||||
17 | (5) Adopt rules required for the administration of | ||||||
18 | this Article.
| ||||||
19 | (Source: P.A. 101-27, eff. 6-25-19.) | ||||||
20 | (410 ILCS 705/15-15)
| ||||||
21 | Sec. 15-15. Early Approval Adult Use Dispensing | ||||||
22 | Organization License. | ||||||
23 | (a) Any medical cannabis dispensing organization holding a | ||||||
24 | valid registration under the Compassionate Use of Medical | ||||||
25 | Cannabis Program Act as of the effective date of this Act may, |
| |||||||
| |||||||
1 | within 60 days of the effective date of this Act, apply to the | ||||||
2 | Commission Department for an Early Approval Adult Use | ||||||
3 | Dispensing Organization License to serve purchasers at any | ||||||
4 | medical cannabis dispensing location in operation on the | ||||||
5 | effective date of this Act, pursuant to this Section. | ||||||
6 | (b) A medical cannabis dispensing organization seeking | ||||||
7 | issuance of an Early Approval Adult Use Dispensing | ||||||
8 | Organization License to serve purchasers at any medical | ||||||
9 | cannabis dispensing location in operation as of the effective | ||||||
10 | date of this Act shall submit an application on forms provided | ||||||
11 | by the Commission Department . The application must be | ||||||
12 | submitted by the same person or entity that holds the medical | ||||||
13 | cannabis dispensing organization registration and include the | ||||||
14 | following: | ||||||
15 | (1) Payment of a nonrefundable fee of $30,000 to be | ||||||
16 | deposited into the Cannabis Regulation Fund; | ||||||
17 | (2) Proof of registration as a medical cannabis | ||||||
18 | dispensing organization that is in good standing; | ||||||
19 | (3) Certification that the applicant will comply with | ||||||
20 | the requirements contained in the Compassionate Use of | ||||||
21 | Medical Cannabis Program Act except as provided in this | ||||||
22 | Act; | ||||||
23 | (4) The legal name of the dispensing organization; | ||||||
24 | (5) The physical address of the dispensing | ||||||
25 | organization; | ||||||
26 | (6) The name, address, social security number, and |
| |||||||
| |||||||
1 | date of birth of each principal officer and board member | ||||||
2 | of the dispensing organization, each of whom must be at | ||||||
3 | least 21 years of age; | ||||||
4 | (7) A nonrefundable Cannabis Business Development Fee | ||||||
5 | equal to 3% of the dispensing organization's total sales | ||||||
6 | between June 1, 2018 to June 1, 2019, or $100,000, | ||||||
7 | whichever is less, to be deposited into the Cannabis | ||||||
8 | Business Development Fund; and | ||||||
9 | (8) Identification of one of the following Social | ||||||
10 | Equity Inclusion Plans to be completed by March 31, 2021: | ||||||
11 | (A) Make a contribution of 3% of total sales from | ||||||
12 | June 1, 2018 to June 1, 2019, or $100,000, whichever is | ||||||
13 | less, to the Cannabis Business Development Fund. This | ||||||
14 | is in addition to the fee required by item (7) of this | ||||||
15 | subsection (b); | ||||||
16 | (B) Make a grant of 3% of total sales from June 1, | ||||||
17 | 2018 to June 1, 2019, or $100,000, whichever is less, | ||||||
18 | to a cannabis industry training or education program | ||||||
19 | at an Illinois community college as defined in the | ||||||
20 | Public Community College Act; | ||||||
21 | (C) Make a donation of $100,000 or more to a | ||||||
22 | program that provides job training services to persons | ||||||
23 | recently incarcerated or that operates in a | ||||||
24 | Disproportionately Impacted Area; | ||||||
25 | (D) Participate as a host in a cannabis business | ||||||
26 | establishment incubator program approved by the |
| |||||||
| |||||||
1 | Department of Commerce and Economic Opportunity, and | ||||||
2 | in which an Early Approval Adult Use Dispensing | ||||||
3 | Organization License holder agrees to provide a loan | ||||||
4 | of at least $100,000 and mentorship to incubate, for | ||||||
5 | at least a year, a Social Equity Applicant intending | ||||||
6 | to seek a license or a licensee that qualifies as a | ||||||
7 | Social Equity Applicant. As used in this Section, | ||||||
8 | "incubate" means providing direct financial assistance | ||||||
9 | and training necessary to engage in licensed cannabis | ||||||
10 | industry activity similar to that of the host | ||||||
11 | licensee. The Early Approval Adult Use Dispensing | ||||||
12 | Organization License holder or the same entity holding | ||||||
13 | any other licenses issued pursuant to this Act shall | ||||||
14 | not take an ownership stake of greater than 10% in any | ||||||
15 | business receiving incubation services to comply with | ||||||
16 | this subsection. If an Early Approval Adult Use | ||||||
17 | Dispensing Organization License holder fails to find a | ||||||
18 | business to incubate to comply with this subsection | ||||||
19 | before its Early Approval Adult Use Dispensing | ||||||
20 | Organization License expires, it may opt to meet the | ||||||
21 | requirement of this subsection by completing another | ||||||
22 | item from this subsection; or | ||||||
23 | (E) Participate in a sponsorship program for at | ||||||
24 | least 2 years approved by the Department of Commerce | ||||||
25 | and Economic Opportunity in which an Early Approval | ||||||
26 | Adult Use Dispensing Organization License holder |
| |||||||
| |||||||
1 | agrees to provide an interest-free loan of at least | ||||||
2 | $200,000 to a Social Equity Applicant. The sponsor | ||||||
3 | shall not take an ownership stake in any cannabis | ||||||
4 | business establishment receiving sponsorship services | ||||||
5 | to comply with this subsection. | ||||||
6 | (b-5) Beginning 90 days after the effective date of this | ||||||
7 | amendatory Act of the 102nd General Assembly, an Early | ||||||
8 | Approval Adult Use Dispensing Organization licensee whose | ||||||
9 | license was issued pursuant to this Section may apply to | ||||||
10 | relocate within the same geographic district where its | ||||||
11 | existing associated medical cannabis dispensing organization | ||||||
12 | dispensary licensed under the Compassionate Use of Medical | ||||||
13 | Cannabis Act is authorized to operate. A request to relocate | ||||||
14 | under this subsection is subject to approval by the Commission | ||||||
15 | Department . An Early Approval Adult Use Dispensing | ||||||
16 | Organization's application to relocate its license under this | ||||||
17 | subsection shall be deemed approved 30 days following the | ||||||
18 | submission of a complete application to relocate, unless | ||||||
19 | sooner approved or denied in writing by the Commission | ||||||
20 | Department . If an application to relocate is denied, the | ||||||
21 | Commission Department shall provide, in writing, the specific | ||||||
22 | reason for denial. | ||||||
23 | An Early Approval Adult Use Dispensing Organization may | ||||||
24 | request to relocate under this subsection if: | ||||||
25 | (1) its existing location is within the boundaries of | ||||||
26 | a unit of local government that prohibits the sale of |
| |||||||
| |||||||
1 | adult use cannabis; or | ||||||
2 | (2) the Early Approval Adult Use Dispensing | ||||||
3 | Organization has obtained the approval of the municipality | ||||||
4 | or, if outside the boundaries of a municipality in an | ||||||
5 | unincorporated area of the county, the approval of the | ||||||
6 | county where the existing license is located to move to | ||||||
7 | another location within that unit of local government. | ||||||
8 | At no time may an Early Approval Adult Use Dispensing | ||||||
9 | Organization dispensary licensed under this Section operate in | ||||||
10 | a separate facility from its associated medical cannabis | ||||||
11 | dispensing organization dispensary licensed under the | ||||||
12 | Compassionate Use of Medical Cannabis Act . The relocation of | ||||||
13 | an Early Approval Adult Use Dispensing Organization License | ||||||
14 | under this subsection shall be subject to Sections 55-25 and | ||||||
15 | 55-28 of this Act. | ||||||
16 | (c) The license fee required by paragraph (1) of | ||||||
17 | subsection (b) of this Section shall be in addition to any | ||||||
18 | license fee required for the renewal of a registered medical | ||||||
19 | cannabis dispensing organization license. | ||||||
20 | (d) Applicants must submit all required information, | ||||||
21 | including the requirements in subsection (b) of this Section, | ||||||
22 | to the Commission Department . Failure by an applicant to | ||||||
23 | submit all required information may result in the application | ||||||
24 | being disqualified. | ||||||
25 | (e) If the Commission Department receives an application | ||||||
26 | that fails to provide the required elements contained in |
| |||||||
| |||||||
1 | subsection (b), the Commission Department shall issue a | ||||||
2 | deficiency notice to the applicant. The applicant shall have | ||||||
3 | 10 calendar days from the date of the deficiency notice to | ||||||
4 | submit complete information. Applications that are still | ||||||
5 | incomplete after this opportunity to cure may be disqualified. | ||||||
6 | (f) If an applicant meets all the requirements of | ||||||
7 | subsection (b) of this Section, the Commission Department | ||||||
8 | shall issue the Early Approval Adult Use Dispensing | ||||||
9 | Organization License within 14 days of receiving a completed | ||||||
10 | application unless: | ||||||
11 | (1) The licensee or a principal officer is delinquent | ||||||
12 | in filing any required tax returns or paying any amounts | ||||||
13 | owed to the State of Illinois; | ||||||
14 | (2) The Commission Secretary of Financial and | ||||||
15 | Professional Regulation determines there is reason, based | ||||||
16 | on documented compliance violations, the licensee is not | ||||||
17 | entitled to an Early Approval Adult Use Dispensing | ||||||
18 | Organization License; or | ||||||
19 | (3) Any principal officer fails to register and remain | ||||||
20 | in compliance with this Act or the Compassionate Use of | ||||||
21 | Medical Cannabis Program Act . | ||||||
22 | (g) A registered medical cannabis dispensing organization | ||||||
23 | that obtains an Early Approval Adult Use Dispensing | ||||||
24 | Organization License may begin selling cannabis, | ||||||
25 | cannabis-infused products, paraphernalia, and related items to | ||||||
26 | purchasers under the rules of this Act no sooner than January |
| |||||||
| |||||||
1 | 1, 2020. | ||||||
2 | (h) A dispensing organization holding a medical cannabis | ||||||
3 | dispensing organization license issued under the Compassionate | ||||||
4 | Use of Medical Cannabis Program Act must maintain an adequate | ||||||
5 | supply of cannabis and cannabis-infused products for purchase | ||||||
6 | by qualifying patients, caregivers, provisional patients, and | ||||||
7 | Opioid Alternative Pilot Program participants. For the | ||||||
8 | purposes of this subsection, "adequate supply" means a monthly | ||||||
9 | inventory level that is comparable in type and quantity to | ||||||
10 | those medical cannabis products provided to patients and | ||||||
11 | caregivers on an average monthly basis for the 6 months before | ||||||
12 | the effective date of this Act. | ||||||
13 | (i) If there is a shortage of cannabis or cannabis-infused | ||||||
14 | products, a dispensing organization holding both a dispensing | ||||||
15 | organization license under the Compassionate Use of Medical | ||||||
16 | Cannabis Program Act and this Act shall prioritize serving | ||||||
17 | qualifying patients, caregivers, provisional patients, and | ||||||
18 | Opioid Alternative Pilot Program participants before serving | ||||||
19 | purchasers. | ||||||
20 | (j) Notwithstanding any law or rule to the contrary, a | ||||||
21 | person that holds a medical cannabis dispensing organization | ||||||
22 | license issued under the Compassionate Use of Medical Cannabis | ||||||
23 | Program Act and an Early Approval Adult Use Dispensing | ||||||
24 | Organization License may permit purchasers into a limited | ||||||
25 | access area as that term is defined in administrative rules | ||||||
26 | made under the authority in the Compassionate Use of Medical |
| |||||||
| |||||||
1 | Cannabis Program Act . | ||||||
2 | (k) An Early Approval Adult Use Dispensing Organization | ||||||
3 | License is valid until March 31, 2021. A dispensing | ||||||
4 | organization that obtains an Early Approval Adult Use | ||||||
5 | Dispensing Organization License shall receive written or | ||||||
6 | electronic notice 90 days before the expiration of the license | ||||||
7 | that the license will expire, and that informs the license | ||||||
8 | holder that it may apply to renew its Early Approval Adult Use | ||||||
9 | Dispensing Organization License on forms provided by the | ||||||
10 | Commission Department . The Commission Department shall renew | ||||||
11 | the Early Approval Adult Use Dispensing Organization License | ||||||
12 | within 60 days of the renewal application being deemed | ||||||
13 | complete if: | ||||||
14 | (1) the dispensing organization submits an application | ||||||
15 | and the required nonrefundable renewal fee of $30,000, to | ||||||
16 | be deposited into the Cannabis Regulation Fund; | ||||||
17 | (2) the Commission Department has not suspended or | ||||||
18 | permanently revoked the Early Approval Adult Use | ||||||
19 | Dispensing Organization License or a medical cannabis | ||||||
20 | dispensing organization license on the same premises for | ||||||
21 | violations of this Act, the Compassionate Use of Medical | ||||||
22 | Cannabis Program Act , or rules adopted pursuant to those | ||||||
23 | Acts; | ||||||
24 | (3) the dispensing organization has completed a Social | ||||||
25 | Equity Inclusion Plan as provided by parts (A), (B), and | ||||||
26 | (C) of paragraph (8) of subsection (b) of this Section or |
| |||||||
| |||||||
1 | has made substantial progress toward completing a Social | ||||||
2 | Equity Inclusion Plan as provided by parts (D) and (E) of | ||||||
3 | paragraph (8) of subsection (b) of this Section; and | ||||||
4 | (4) the dispensing organization is in compliance with | ||||||
5 | this Act and rules. | ||||||
6 | (l) The Early Approval Adult Use Dispensing Organization | ||||||
7 | License renewed pursuant to subsection (k) of this Section | ||||||
8 | shall expire March 31, 2022. The Early Approval Adult Use | ||||||
9 | Dispensing Organization Licensee shall receive written or | ||||||
10 | electronic notice 90 days before the expiration of the license | ||||||
11 | that the license will expire, and that informs the license | ||||||
12 | holder that it may apply for an Adult Use Dispensing | ||||||
13 | Organization License on forms provided by the Commission | ||||||
14 | Department . The Commission Department shall grant an Adult Use | ||||||
15 | Dispensing Organization License within 60 days of an | ||||||
16 | application being deemed complete if the applicant has met all | ||||||
17 | of the criteria in Section 15-36. | ||||||
18 | (m) If a dispensing organization fails to submit an | ||||||
19 | application for renewal of an Early Approval Adult Use | ||||||
20 | Dispensing Organization License or for an Adult Use Dispensing | ||||||
21 | Organization License before the expiration dates provided in | ||||||
22 | subsections (k) and (l) of this Section, the dispensing | ||||||
23 | organization shall cease serving purchasers and cease all | ||||||
24 | operations until it receives a renewal or an Adult Use | ||||||
25 | Dispensing Organization License, as the case may be. | ||||||
26 | (n) A dispensing organization agent who holds a valid |
| |||||||
| |||||||
1 | dispensing organization agent identification card issued under | ||||||
2 | the Compassionate Use of Medical Cannabis Program Act and is | ||||||
3 | an officer, director, manager, or employee of the dispensing | ||||||
4 | organization licensed under this Section may engage in all | ||||||
5 | activities authorized by this Article to be performed by a | ||||||
6 | dispensing organization agent. | ||||||
7 | (o) If the Commission Department suspends, permanently | ||||||
8 | revokes, or otherwise disciplines the Early Approval Adult Use | ||||||
9 | Dispensing Organization License of a dispensing organization | ||||||
10 | that also holds a medical cannabis dispensing organization | ||||||
11 | license issued under the Compassionate Use of Medical Cannabis | ||||||
12 | Program Act , the Commission Department may consider the | ||||||
13 | suspension, permanent revocation, or other discipline of the | ||||||
14 | medical cannabis dispensing organization license. | ||||||
15 | (p) All fees collected pursuant to this Section shall be | ||||||
16 | deposited into the Cannabis Regulation Fund, unless otherwise | ||||||
17 | specified.
| ||||||
18 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; | ||||||
19 | 102-98, eff. 7-15-21.) | ||||||
20 | (410 ILCS 705/15-20)
| ||||||
21 | Sec. 15-20. Early Approval Adult Use Dispensing | ||||||
22 | Organization License; secondary site. | ||||||
23 | (a) Any medical cannabis dispensing organization holding a | ||||||
24 | valid registration under the Compassionate Use of Medical | ||||||
25 | Cannabis Program Act as of the effective date of this Act may, |
| |||||||
| |||||||
1 | within 60 days of the effective date of this Act, apply to the | ||||||
2 | Commission Department for an Early Approval Adult Use | ||||||
3 | Dispensing Organization License to operate a dispensing | ||||||
4 | organization to serve purchasers at a secondary site not | ||||||
5 | within 1,500 feet of another medical cannabis dispensing | ||||||
6 | organization or adult use dispensing organization. The Early | ||||||
7 | Approval Adult Use Dispensing Organization secondary site | ||||||
8 | shall be within any BLS Region that shares territory with the | ||||||
9 | dispensing organization district to which the medical cannabis | ||||||
10 | dispensing organization is assigned under the administrative | ||||||
11 | rules for dispensing organizations under the Compassionate Use | ||||||
12 | of Medical Cannabis Program Act . | ||||||
13 | (a-5) If, within 360 days of the effective date of this | ||||||
14 | Act, a dispensing organization is unable to find a location | ||||||
15 | within the BLS Regions prescribed in subsection (a) of this | ||||||
16 | Section in which to operate an Early Approval Adult Use | ||||||
17 | Dispensing Organization at a secondary site because no | ||||||
18 | jurisdiction within the prescribed area allows the operation | ||||||
19 | of an Adult Use Cannabis Dispensing Organization, the | ||||||
20 | Commission Department of Financial and Professional Regulation | ||||||
21 | may waive the geographic restrictions of subsection (a) of | ||||||
22 | this Section and specify another BLS Region into which the | ||||||
23 | dispensary may be placed. | ||||||
24 | (b) (Blank). | ||||||
25 | (c) A medical cannabis dispensing organization seeking | ||||||
26 | issuance of an Early Approval Adult Use Dispensing |
| |||||||
| |||||||
1 | Organization License at a secondary site to serve purchasers | ||||||
2 | at a secondary site as prescribed in subsection (a) of this | ||||||
3 | Section shall submit an application on forms provided by the | ||||||
4 | Commission Department . The application must meet or include | ||||||
5 | the following qualifications: | ||||||
6 | (1) a payment of a nonrefundable application fee of | ||||||
7 | $30,000; | ||||||
8 | (2) proof of registration as a medical cannabis | ||||||
9 | dispensing organization that is in good standing; | ||||||
10 | (3) submission of the application by the same person | ||||||
11 | or entity that holds the medical cannabis dispensing | ||||||
12 | organization registration; | ||||||
13 | (4) the legal name of the medical cannabis dispensing | ||||||
14 | organization; | ||||||
15 | (5) the physical address of the medical cannabis | ||||||
16 | dispensing organization and the proposed physical address | ||||||
17 | of the secondary site; | ||||||
18 | (6) a copy of the current local zoning ordinance | ||||||
19 | Sections relevant to dispensary operations and | ||||||
20 | documentation of the approval, the conditional approval or | ||||||
21 | the status of a request for zoning approval from the local | ||||||
22 | zoning office that the proposed dispensary location is in | ||||||
23 | compliance with the local zoning rules; | ||||||
24 | (7) a plot plan of the dispensary drawn to scale. The | ||||||
25 | applicant shall submit general specifications of the | ||||||
26 | building exterior and interior layout; |
| |||||||
| |||||||
1 | (8) a statement that the dispensing organization | ||||||
2 | agrees to respond to the Commission's Department's | ||||||
3 | supplemental requests for information; | ||||||
4 | (9) for the building or land to be used as the proposed | ||||||
5 | dispensary: | ||||||
6 | (A) if the property is not owned by the applicant, | ||||||
7 | a written statement from the property owner and | ||||||
8 | landlord, if any, certifying consent that the | ||||||
9 | applicant may operate a dispensary on the premises; or | ||||||
10 | (B) if the property is owned by the applicant, | ||||||
11 | confirmation of ownership; | ||||||
12 | (10) a copy of the proposed operating bylaws; | ||||||
13 | (11) a copy of the proposed business plan that | ||||||
14 | complies with the requirements in this Act, including, at | ||||||
15 | a minimum, the following: | ||||||
16 | (A) a description of services to be offered; and | ||||||
17 | (B) a description of the process of dispensing | ||||||
18 | cannabis; | ||||||
19 | (12) a copy of the proposed security plan that | ||||||
20 | complies with the requirements in this Article, including: | ||||||
21 | (A) a description of the delivery process by which | ||||||
22 | cannabis will be received from a transporting | ||||||
23 | organization, including receipt of manifests and | ||||||
24 | protocols that will be used to avoid diversion, theft, | ||||||
25 | or loss at the dispensary acceptance point; and | ||||||
26 | (B) the process or controls that will be |
| |||||||
| |||||||
1 | implemented to monitor the dispensary, secure the | ||||||
2 | premises, agents, patients, and currency, and prevent | ||||||
3 | the diversion, theft, or loss of cannabis; and | ||||||
4 | (C) the process to ensure that access to the | ||||||
5 | restricted access areas is restricted to, registered | ||||||
6 | agents, service professionals, transporting | ||||||
7 | organization agents, Commission Department inspectors, | ||||||
8 | and security personnel; | ||||||
9 | (13) a proposed inventory control plan that complies | ||||||
10 | with this Section; | ||||||
11 | (14) the name, address, social security number, and | ||||||
12 | date of birth of each principal officer and board member | ||||||
13 | of the dispensing organization; each of those individuals | ||||||
14 | shall be at least 21 years of age; | ||||||
15 | (15) a nonrefundable Cannabis Business Development Fee | ||||||
16 | equal to $200,000, to be deposited into the Cannabis | ||||||
17 | Business Development Fund; and | ||||||
18 | (16) a commitment to completing one of the following | ||||||
19 | Social Equity Inclusion Plans in subsection (d). | ||||||
20 | (d) Before receiving an Early Approval Adult Use | ||||||
21 | Dispensing Organization License at a secondary site, a | ||||||
22 | dispensing organization shall indicate the Social Equity | ||||||
23 | Inclusion Plan that the applicant plans to achieve before the | ||||||
24 | expiration of the Early Approval Adult Use Dispensing | ||||||
25 | Organization License from the list below: | ||||||
26 | (1) make a contribution of 3% of total sales from June |
| |||||||
| |||||||
1 | 1, 2018 to June 1, 2019, or $100,000, whichever is less, to | ||||||
2 | the Cannabis Business Development Fund. This is in | ||||||
3 | addition to the fee required by paragraph (16) of | ||||||
4 | subsection (c) of this Section; | ||||||
5 | (2) make a grant of 3% of total sales from June 1, 2018 | ||||||
6 | to June 1, 2019, or $100,000, whichever is less, to a | ||||||
7 | cannabis industry training or education program at an | ||||||
8 | Illinois community college as defined in the Public | ||||||
9 | Community College Act; | ||||||
10 | (3) make a donation of $100,000 or more to a program | ||||||
11 | that provides job training services to persons recently | ||||||
12 | incarcerated or that operates in a Disproportionately | ||||||
13 | Impacted Area; | ||||||
14 | (4) participate as a host in a cannabis business | ||||||
15 | establishment incubator program approved by the Department | ||||||
16 | of Commerce and Economic Opportunity, and in which an | ||||||
17 | Early Approval Adult Use Dispensing Organization License | ||||||
18 | at a secondary site holder agrees to provide a loan of at | ||||||
19 | least $100,000 and mentorship to incubate, for at
least a | ||||||
20 | year, a Social Equity Applicant intending to
seek a | ||||||
21 | license or a licensee that qualifies as a Social Equity | ||||||
22 | Applicant. In this paragraph (4), "incubate" means | ||||||
23 | providing direct financial assistance and training | ||||||
24 | necessary to engage in licensed cannabis industry activity | ||||||
25 | similar to that of the host licensee. The Early Approval | ||||||
26 | Adult Use Dispensing Organization License holder or the |
| |||||||
| |||||||
1 | same entity holding any other licenses issued under this | ||||||
2 | Act shall not take an ownership stake of greater than 10% | ||||||
3 | in any business receiving incubation services to comply | ||||||
4 | with this subsection. If an Early Approval Adult Use | ||||||
5 | Dispensing Organization License at a secondary site holder | ||||||
6 | fails to find a business to incubate in order to comply | ||||||
7 | with this subsection before its Early Approval Adult Use | ||||||
8 | Dispensing Organization License at a secondary site | ||||||
9 | expires, it may opt to meet the requirement of this | ||||||
10 | subsection by completing another item from this subsection | ||||||
11 | before the expiration of its Early Approval Adult Use | ||||||
12 | Dispensing Organization License at a secondary site to | ||||||
13 | avoid a penalty; or | ||||||
14 | (5) participate in a sponsorship program for at least | ||||||
15 | 2 years approved by the Department of Commerce and | ||||||
16 | Economic Opportunity in which an Early Approval Adult Use | ||||||
17 | Dispensing Organization License at a secondary site holder | ||||||
18 | agrees to provide an interest-free loan of at least | ||||||
19 | $200,000 to a Social Equity Applicant. The sponsor shall | ||||||
20 | not take an ownership stake of greater than 10% in any | ||||||
21 | business receiving sponsorship services to comply with | ||||||
22 | this subsection. | ||||||
23 | (e) The license fee required by paragraph (1) of | ||||||
24 | subsection (c) of this Section is in addition to any license | ||||||
25 | fee required for the renewal of a registered medical cannabis | ||||||
26 | dispensing organization license. |
| |||||||
| |||||||
1 | (f) Applicants must submit all required information, | ||||||
2 | including the requirements in subsection (c) of this Section, | ||||||
3 | to the Commission Department . Failure by an applicant to | ||||||
4 | submit all required information may result in the application | ||||||
5 | being disqualified. Principal officers shall not be required | ||||||
6 | to submit to the fingerprint and background check requirements | ||||||
7 | of Section 5-20. | ||||||
8 | (g) If the Commission Department receives an application | ||||||
9 | that fails to provide the required elements contained in | ||||||
10 | subsection (c), the Commission Department shall issue a | ||||||
11 | deficiency notice to the applicant. The applicant shall have | ||||||
12 | 10 calendar days from the date of the deficiency notice to | ||||||
13 | submit complete information. Applications that are still | ||||||
14 | incomplete after this opportunity to cure may be disqualified. | ||||||
15 | (h) Once all required information and documents have been | ||||||
16 | submitted, the Commission Department will review the | ||||||
17 | application. The Commission Department may request revisions | ||||||
18 | and retains final approval over dispensary features. Once the | ||||||
19 | application is complete and meets the Commission's | ||||||
20 | Department's approval, the Commission Department shall | ||||||
21 | conditionally approve the license. Final approval is | ||||||
22 | contingent on the build-out and Commission Department | ||||||
23 | inspection. | ||||||
24 | (i) Upon submission of the Early Approval Adult Use | ||||||
25 | Dispensing Organization at a secondary site application, the | ||||||
26 | applicant shall request an inspection and the Commission |
| |||||||
| |||||||
1 | Department may inspect the Early Approval Adult Use Dispensing | ||||||
2 | Organization's secondary site to confirm compliance with the | ||||||
3 | application and this Act. | ||||||
4 | (j) The Commission Department shall only issue an Early | ||||||
5 | Approval Adult Use Dispensing Organization License at a | ||||||
6 | secondary site after the completion of a successful | ||||||
7 | inspection. | ||||||
8 | (k) If an applicant passes the inspection under this | ||||||
9 | Section, the Commission Department shall issue the Early | ||||||
10 | Approval Adult Use Dispensing Organization License at a | ||||||
11 | secondary site within 10 business days unless: | ||||||
12 | (1) The licensee, any principal officer or board | ||||||
13 | member of the licensee, or any person having a financial | ||||||
14 | or voting interest of 5% or greater in the licensee is | ||||||
15 | delinquent in filing any required tax returns or paying | ||||||
16 | any amounts owed to the State of Illinois; or | ||||||
17 | (2) The Commission Secretary of Financial and | ||||||
18 | Professional Regulation determines there is reason, based | ||||||
19 | on documented compliance violations, the licensee is not | ||||||
20 | entitled to an Early Approval Adult Use Dispensing | ||||||
21 | Organization License at its secondary site. | ||||||
22 | (l) Once the Commission Department has issued a license, | ||||||
23 | the dispensing organization shall notify the Commission | ||||||
24 | Department of the proposed opening date. | ||||||
25 | (m) A registered medical cannabis dispensing organization | ||||||
26 | that obtains an Early Approval Adult Use Dispensing |
| |||||||
| |||||||
1 | Organization License at a secondary site may begin selling | ||||||
2 | cannabis, cannabis-infused products, paraphernalia, and | ||||||
3 | related items to purchasers under the rules of this Act no | ||||||
4 | sooner than January 1, 2020. | ||||||
5 | (n) If there is a shortage of cannabis or cannabis-infused | ||||||
6 | products, a dispensing organization holding both a dispensing | ||||||
7 | organization license under the Compassionate Use of Medical | ||||||
8 | Cannabis Program Act and this Article shall prioritize serving | ||||||
9 | qualifying patients and caregivers before serving purchasers. | ||||||
10 | (o) An Early Approval Adult Use Dispensing Organization | ||||||
11 | License at a secondary site is valid until March 31, 2021. A | ||||||
12 | dispensing organization that obtains an Early Approval Adult | ||||||
13 | Use Dispensing Organization License at a secondary site shall | ||||||
14 | receive written or electronic notice 90 days before the | ||||||
15 | expiration of the license that the license will expire, and | ||||||
16 | inform the license holder that it may renew its Early Approval | ||||||
17 | Adult Use Dispensing Organization License at a secondary site. | ||||||
18 | The Commission Department shall renew an Early Approval Adult | ||||||
19 | Use Dispensing Organization License at a secondary site within | ||||||
20 | 60 days of submission of the renewal application being deemed | ||||||
21 | complete if: | ||||||
22 | (1) the dispensing organization submits an application | ||||||
23 | and the required nonrefundable renewal fee of $30,000, to | ||||||
24 | be deposited into the Cannabis Regulation Fund; | ||||||
25 | (2) the Commission Department has not suspended or | ||||||
26 | permanently revoked the Early Approval Adult Use |
| |||||||
| |||||||
1 | Dispensing Organization License or a medical cannabis | ||||||
2 | dispensing organization license held by the same person or | ||||||
3 | entity for violating this Act or rules adopted under this | ||||||
4 | Act or the Compassionate Use of Medical Cannabis Program | ||||||
5 | Act or rules adopted under that Act ; and | ||||||
6 | (3) the dispensing organization has completed a Social | ||||||
7 | Equity Inclusion Plan provided by paragraph (1), (2), or | ||||||
8 | (3) of subsection (d) of this Section or has made | ||||||
9 | substantial progress toward completing a Social Equity | ||||||
10 | Inclusion Plan provided by paragraph (4) or (5) of | ||||||
11 | subsection (d) of this Section. | ||||||
12 | (p) The Early Approval Adult Use Dispensing Organization | ||||||
13 | Licensee at a secondary site renewed pursuant to subsection | ||||||
14 | (o) shall receive written or electronic notice 90 days before | ||||||
15 | the expiration of the license that the license will expire, | ||||||
16 | and that informs the license holder that it may apply for an | ||||||
17 | Adult Use Dispensing Organization License on forms provided by | ||||||
18 | the Commission Department . The Commission Department shall | ||||||
19 | grant an Adult Use Dispensing Organization License within 60 | ||||||
20 | days of an application being deemed complete if the applicant | ||||||
21 | has meet all of the criteria in Section 15-36. | ||||||
22 | (q) If a dispensing organization fails to submit an | ||||||
23 | application for renewal of an Early Approval Adult Use | ||||||
24 | Dispensing Organization License or for an Adult Use Dispensing | ||||||
25 | Organization License before the expiration dates provided in | ||||||
26 | subsections (o) and (p) of this Section, the dispensing |
| |||||||
| |||||||
1 | organization shall cease serving purchasers until it receives | ||||||
2 | a renewal or an Adult Use Dispensing Organization License. | ||||||
3 | (r) A dispensing organization agent who holds a valid | ||||||
4 | dispensing organization agent identification card issued under | ||||||
5 | the Compassionate Use of Medical Cannabis Program Act and is | ||||||
6 | an officer, director, manager, or employee of the dispensing | ||||||
7 | organization licensed under this Section may engage in all | ||||||
8 | activities authorized by this Article to be performed by a | ||||||
9 | dispensing organization agent. | ||||||
10 | (s) If the Commission Department suspends, permanently | ||||||
11 | revokes, or otherwise disciplines the Early Approval Adult Use | ||||||
12 | Dispensing Organization License of a dispensing organization | ||||||
13 | that also holds a medical cannabis dispensing organization | ||||||
14 | license issued under the Compassionate Use of Medical Cannabis | ||||||
15 | Program Act , the Commission Department may consider the | ||||||
16 | suspension, permanent revocation, or other discipline as | ||||||
17 | grounds to take disciplinary action against the medical | ||||||
18 | cannabis dispensing organization. | ||||||
19 | (t) All fees collected pursuant to this Section shall be | ||||||
20 | deposited into the Cannabis Regulation Fund, unless otherwise | ||||||
21 | specified.
| ||||||
22 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) | ||||||
23 | (410 ILCS 705/15-30.20) | ||||||
24 | Sec. 15-30.20. Tied Applicant Lottery; additional | ||||||
25 | requirements; timing. |
| |||||||
| |||||||
1 | (a) If awarding a license in a Tied Applicant Lottery | ||||||
2 | would result in a Tied Applicant possessing more than 10 Early | ||||||
3 | Approval Adult Use Dispensing Organization Licenses, Early | ||||||
4 | Approval Adult Use Dispensing Organization Licenses at a | ||||||
5 | secondary site, Conditional Adult Use Dispensing Organization | ||||||
6 | Licenses, Adult Use Dispensing Organization Licenses, or any | ||||||
7 | combination thereof, the Tied Applicant must choose which | ||||||
8 | license to abandon pursuant to subsection (d) of Section 15-36 | ||||||
9 | and notify the Commission Department in writing within 5 | ||||||
10 | business days after the date that the Tied Applicant Lottery | ||||||
11 | is conducted. | ||||||
12 | (b) The Commission Department shall publish the certified | ||||||
13 | results of a Tied Applicant Lottery within 2 business days | ||||||
14 | after the Tied Applicant Lottery is conducted.
| ||||||
15 | (Source: P.A. 102-98, eff. 7-15-21.) | ||||||
16 | (410 ILCS 705/15-35.10) | ||||||
17 | Sec. 15-35.10. Social Equity Justice Involved Lottery for | ||||||
18 | Conditional Adult Use Dispensing Organization Licenses. | ||||||
19 | (a) In addition to any of the licenses issued under | ||||||
20 | Section 15-15, Section 15-20, Section 15-25, Section 15-30.20, | ||||||
21 | or Section 15-35, within 10 business days after the resulting | ||||||
22 | final scores for all scored applications pursuant to Sections | ||||||
23 | 15-25 and 15-30 are released, the Commission Department shall | ||||||
24 | issue up to 55 Conditional Adult Use Dispensing Organization | ||||||
25 | Licenses by lot, pursuant to the application process adopted |
| |||||||
| |||||||
1 | under this Section. In order to be eligible to be awarded a | ||||||
2 | Conditional Adult Use Dispensing Organization License by lot, | ||||||
3 | a Dispensary Applicant must be a Qualifying Social Equity | ||||||
4 | Justice Involved Applicant. | ||||||
5 | The licenses issued under this Section shall be awarded in | ||||||
6 | each BLS Region in the following amounts: | ||||||
7 | (1) Bloomington: 1. | ||||||
8 | (2) Cape Girardeau: 1. | ||||||
9 | (3) Carbondale-Marion: 1. | ||||||
10 | (4) Champaign-Urbana: 1. | ||||||
11 | (5) Chicago-Naperville-Elgin: 36. | ||||||
12 | (6) Danville: 1. | ||||||
13 | (7) Davenport-Moline-Rock Island: 1. | ||||||
14 | (8) Decatur: 1. | ||||||
15 | (9) Kankakee: 1. | ||||||
16 | (10) Peoria: 2. | ||||||
17 | (11) Rockford: 1. | ||||||
18 | (12) St. Louis: 3. | ||||||
19 | (13) Springfield: 1. | ||||||
20 | (14) Northwest Illinois nonmetropolitan: 1. | ||||||
21 | (15) West Central Illinois nonmetropolitan: 1. | ||||||
22 | (16) East Central Illinois nonmetropolitan: 1. | ||||||
23 | (17) South Illinois nonmetropolitan: 1. | ||||||
24 | (a-5) Prior to issuing licenses under subsection (a), the | ||||||
25 | Commission Department may adopt rules through emergency | ||||||
26 | rulemaking in accordance with subsection (kk) of Section 5-45 |
| |||||||
| |||||||
1 | of the Illinois Administrative Procedure Act. The General | ||||||
2 | Assembly finds that the adoption of rules to regulate cannabis | ||||||
3 | use is deemed an emergency and necessary for the public | ||||||
4 | interest, safety, and welfare. | ||||||
5 | (b) The Commission Department shall distribute the | ||||||
6 | available licenses established under this Section subject to | ||||||
7 | the following: | ||||||
8 | (1) The drawing by lot for all available licenses | ||||||
9 | established under this Section shall occur on the same day | ||||||
10 | when practicable. | ||||||
11 | (2) Within each BLS Region, the first Qualifying | ||||||
12 | Social Equity Justice Involved Applicant drawn will have | ||||||
13 | the first right to an available license. The second | ||||||
14 | Qualifying Social Equity Justice Involved Applicant drawn | ||||||
15 | will have the second right to an available license. The | ||||||
16 | same pattern will continue for each subsequent applicant | ||||||
17 | drawn. | ||||||
18 | (3) The process for distributing available licenses | ||||||
19 | under this Section shall be recorded by the Commission | ||||||
20 | Department in a format selected by the Commission | ||||||
21 | Department . | ||||||
22 | (4) A Dispensary Applicant is prohibited from becoming | ||||||
23 | a Qualifying Social Equity Justice Involved Applicant if a | ||||||
24 | principal officer resigns after the resulting final scores | ||||||
25 | for all scored applications pursuant to Sections 15-25 and | ||||||
26 | 15-30 are released. |
| |||||||
| |||||||
1 | (5) No Qualifying Social Equity Justice Involved | ||||||
2 | Applicant may be awarded more than 2 Conditional Adult Use | ||||||
3 | Dispensing Organization Licenses at the conclusion of a | ||||||
4 | lottery conducted under this Section. | ||||||
5 | (6) No individual may be listed as a principal officer | ||||||
6 | of more than 2 Conditional Adult Use Dispensing | ||||||
7 | Organization Licenses awarded under this Section. | ||||||
8 | (7) If, upon being selected for an available license | ||||||
9 | established under this Section, a Qualifying Social Equity | ||||||
10 | Justice Involved Applicant exceeds the limits under | ||||||
11 | paragraph (5) or (6), the Qualifying Social Equity Justice | ||||||
12 | Involved Applicant must choose which license to abandon | ||||||
13 | and notify the Commission Department in writing within 5 | ||||||
14 | business days on forms prescribed by the Commission | ||||||
15 | Department . If the Qualifying Social Equity Justice | ||||||
16 | Involved Applicant does not notify the Commission | ||||||
17 | Department as required, the Commission Department shall | ||||||
18 | refuse to issue the Qualifying Social Equity Justice | ||||||
19 | Involved Applicant all available licenses established | ||||||
20 | under this Section obtained by lot in all BLS Regions. | ||||||
21 | (8) If, upon being selected for an available license | ||||||
22 | established under this Section, a Qualifying Social Equity | ||||||
23 | Justice Involved Applicant has a principal officer who is | ||||||
24 | a principal officer in more than 10 Early Approval Adult | ||||||
25 | Use Dispensing Organization Licenses, Conditional Adult | ||||||
26 | Use Dispensing Organization Licenses, Adult Use Dispensing |
| |||||||
| |||||||
1 | Organization Licenses, or any combination thereof, the | ||||||
2 | licensees and the Qualifying Social Equity Justice | ||||||
3 | Involved Applicant listing that principal officer must | ||||||
4 | choose which license to abandon pursuant to subsection (d) | ||||||
5 | of Section 15-36 and notify the Commission Department in | ||||||
6 | writing within 5 business days on forms prescribed by the | ||||||
7 | Commission Department . If the Dispensary Applicant or | ||||||
8 | licensees do not notify the Commission Department as | ||||||
9 | required, the Commission Department shall refuse to issue | ||||||
10 | the Qualifying Social Equity Justice Involved Applicant | ||||||
11 | all available licenses established under this Section | ||||||
12 | obtained by lot in all BLS Regions. | ||||||
13 | (9) All available licenses that have been abandoned | ||||||
14 | under paragraph (7) or (8) shall be distributed to the | ||||||
15 | next Qualifying Social Equity Justice Involved Applicant | ||||||
16 | drawn by lot. | ||||||
17 | Any and all rights conferred or obtained under this | ||||||
18 | subsection shall be limited to the provisions of this | ||||||
19 | subsection. | ||||||
20 | (c) An applicant who receives a Conditional Adult Use | ||||||
21 | Dispensing Organization License under this Section has 180 | ||||||
22 | days from the date of the award to identify a physical location | ||||||
23 | for the dispensing organization's retail storefront. The | ||||||
24 | applicant shall provide evidence that the location is not | ||||||
25 | within 1,500 feet of an existing dispensing organization, | ||||||
26 | unless the applicant is a Social Equity Applicant or Social |
| |||||||
| |||||||
1 | Equity Justice Involved Applicant located or seeking to locate | ||||||
2 | within 1,500 feet of a dispensing organization licensed under | ||||||
3 | Section 15-15 or Section 15-20. If an applicant is unable to | ||||||
4 | find a suitable physical address in the opinion of the | ||||||
5 | Commission Department within 180 days from the issuance of the | ||||||
6 | Conditional Adult Use Dispensing Organization License, the | ||||||
7 | Commission Department may extend the period for finding a | ||||||
8 | physical address another 180 days if the Conditional Adult Use | ||||||
9 | Dispensing Organization License holder demonstrates a concrete | ||||||
10 | attempt to secure a location and a hardship. If the Commission | ||||||
11 | Department denies the extension or the Conditional Adult Use | ||||||
12 | Dispensing Organization License holder is unable to find a | ||||||
13 | location or become operational within 360 days of being | ||||||
14 | awarded a Conditional Adult Use Dispensing Organization | ||||||
15 | License under this Section, the Commission Department shall | ||||||
16 | rescind the Conditional Adult Use Dispensing Organization | ||||||
17 | License and award it pursuant to subsection (b) and notify the | ||||||
18 | new awardee at the email address provided in the awardee's | ||||||
19 | application, provided the applicant receiving the Conditional | ||||||
20 | Adult Use Dispensing Organization License: (i) confirms a | ||||||
21 | continued interest in operating a dispensing organization; | ||||||
22 | (ii) can provide evidence that the applicant continues to meet | ||||||
23 | all requirements for holding a Conditional Adult Use | ||||||
24 | Dispensing Organization License set forth in this Act; and | ||||||
25 | (iii) has not otherwise become ineligible to be awarded a | ||||||
26 | Conditional Adult Use Dispensing Organization License. If the |
| |||||||
| |||||||
1 | new awardee is unable to accept the Conditional Adult Use | ||||||
2 | Dispensing Organization License, the Commission Department | ||||||
3 | shall award the Conditional Adult Use Dispensing Organization | ||||||
4 | License pursuant to subsection (b). The new awardee shall be | ||||||
5 | subject to the same required deadlines as provided in this | ||||||
6 | subsection. | ||||||
7 | (d) If, within 180 days of being awarded a Conditional | ||||||
8 | Adult Use Dispensing Organization License, a dispensing | ||||||
9 | organization is unable to find a location within the BLS | ||||||
10 | Region in which it was awarded a Conditional Adult Use | ||||||
11 | Dispensing Organization License under this Section because no | ||||||
12 | jurisdiction within the BLS Region allows for the operation of | ||||||
13 | an Adult Use Dispensing Organization, the Commission | ||||||
14 | Department may authorize the Conditional Adult Use Dispensing | ||||||
15 | Organization License holder to transfer its Conditional Adult | ||||||
16 | Use Dispensing Organization License to a BLS Region specified | ||||||
17 | by the Commission Department . | ||||||
18 | (e) A dispensing organization that is awarded a | ||||||
19 | Conditional Adult Use Dispensing Organization License under | ||||||
20 | this Section shall not purchase, possess, sell, or dispense | ||||||
21 | cannabis or cannabis-infused products until the dispensing | ||||||
22 | organization has received an Adult Use Dispensing Organization | ||||||
23 | License issued by the Commission Department pursuant to | ||||||
24 | Section 15-36. | ||||||
25 | (f) The Commission Department shall conduct a background | ||||||
26 | check of the prospective dispensing organization agents in |
| |||||||
| |||||||
1 | order to carry out this Article. The Illinois State Police | ||||||
2 | shall charge the applicant a fee for conducting the criminal | ||||||
3 | history record check, which shall be deposited into the State | ||||||
4 | Police Services Fund and shall not exceed the actual cost of | ||||||
5 | the record check. Each person applying as a dispensing | ||||||
6 | organization agent shall submit a full set of fingerprints to | ||||||
7 | the Illinois State Police for the purpose of obtaining a State | ||||||
8 | and federal criminal records check. These fingerprints shall | ||||||
9 | be checked against the fingerprint records now and hereafter, | ||||||
10 | to the extent allowed by law, filed with the Illinois State | ||||||
11 | Police and the Federal Bureau of Investigation criminal | ||||||
12 | history records databases. The Illinois State Police shall | ||||||
13 | furnish, following positive identification, all Illinois | ||||||
14 | conviction information to the Commission Department . | ||||||
15 | (g) The Commission Department may verify information | ||||||
16 | contained in each application and accompanying documentation | ||||||
17 | to assess the applicant's veracity and fitness to operate a | ||||||
18 | dispensing organization. | ||||||
19 | (h) The Commission Department may, in its discretion, | ||||||
20 | refuse to issue an authorization to an applicant who meets any | ||||||
21 | of the following criteria: | ||||||
22 | (1) An applicant who is unqualified to perform the | ||||||
23 | duties required of the applicant. | ||||||
24 | (2) An applicant who fails to disclose or states | ||||||
25 | falsely any information called for in the application. | ||||||
26 | (3) An applicant who has been found guilty of a |
| |||||||
| |||||||
1 | violation of this Act, who has had any disciplinary order | ||||||
2 | entered against the applicant by the Commission | ||||||
3 | Department , who has entered into a disciplinary or | ||||||
4 | nondisciplinary agreement with the Commission Department , | ||||||
5 | whose medical cannabis dispensing organization, medical | ||||||
6 | cannabis cultivation organization, Early Approval Adult | ||||||
7 | Use Dispensing Organization License, Early Approval Adult | ||||||
8 | Use Dispensing Organization License at a secondary site, | ||||||
9 | Early Approval Cultivation Center License, Conditional | ||||||
10 | Adult Use Dispensing Organization License, or Adult Use | ||||||
11 | Dispensing Organization License was suspended, restricted, | ||||||
12 | revoked, or denied for just cause, or whose cannabis | ||||||
13 | business establishment license was suspended, restricted, | ||||||
14 | revoked, or denied in any other state. | ||||||
15 | (4) An applicant who has engaged in a pattern or | ||||||
16 | practice of unfair or illegal practices, methods, or | ||||||
17 | activities in the conduct of owning a cannabis business | ||||||
18 | establishment or other business. | ||||||
19 | (i) The Commission Department shall deny the license if | ||||||
20 | any principal officer, board member, or person having a | ||||||
21 | financial or voting interest of 5% or greater in the licensee | ||||||
22 | is delinquent in filing any required tax return or paying any | ||||||
23 | amount owed to the State of Illinois. | ||||||
24 | (j) The Commission Department shall verify an applicant's | ||||||
25 | compliance with the requirements of this Article and rules | ||||||
26 | adopted under this Article before issuing a Conditional Adult |
| |||||||
| |||||||
1 | Use Dispensing Organization License. | ||||||
2 | (k) If an applicant is awarded a Conditional Adult Use | ||||||
3 | Dispensing Organization License under this Section, the | ||||||
4 | information and plans provided in the application, including | ||||||
5 | any plans submitted for bonus points, shall become a condition | ||||||
6 | of the Conditional Adult Use Dispensing Organization License | ||||||
7 | and any Adult Use Dispensing Organization License issued to | ||||||
8 | the holder of the Conditional Adult Use Dispensing | ||||||
9 | Organization License, except as otherwise provided by this Act | ||||||
10 | or by rule. Dispensing organizations have a duty to disclose | ||||||
11 | any material changes to the application. The Commission | ||||||
12 | Department shall review all material changes disclosed by the | ||||||
13 | dispensing organization and may reevaluate its prior decision | ||||||
14 | regarding the awarding of a Conditional Adult Use Dispensing | ||||||
15 | Organization License, including, but not limited to, | ||||||
16 | suspending or permanently revoking a Conditional Adult Use | ||||||
17 | Dispensing Organization License. Failure to comply with the | ||||||
18 | conditions or requirements in the application may subject the | ||||||
19 | dispensing organization to discipline up to and including | ||||||
20 | suspension or permanent revocation of its authorization or | ||||||
21 | Conditional Adult Use Dispensing Organization License by the | ||||||
22 | Commission Department . | ||||||
23 | (l) If an applicant has not begun operating as a | ||||||
24 | dispensing organization within one year after the issuance of | ||||||
25 | the Conditional Adult Use Dispensing Organization License | ||||||
26 | under this Section, the Commission Department may permanently |
| |||||||
| |||||||
1 | revoke the Conditional Adult Use Dispensing Organization | ||||||
2 | License and award it to the next highest scoring applicant in | ||||||
3 | the BLS Region if a suitable applicant indicates a continued | ||||||
4 | interest in the Conditional Adult Use Dispensing Organization | ||||||
5 | License or may begin a new selection process to award a | ||||||
6 | Conditional Adult Use Dispensing Organization License.
| ||||||
7 | (Source: P.A. 102-98, eff. 7-15-21.) | ||||||
8 | (410 ILCS 705/15-35.20) | ||||||
9 | Sec. 15-35.20. Conditional Adult Use Dispensing | ||||||
10 | Organization Licenses on or after January 1, 2022. | ||||||
11 | (a) In addition to any of the licenses issued under | ||||||
12 | Section 15-15, Section 15-20, Section 15-25, Section 15-35, or | ||||||
13 | Section 15-35.10, by January 1, 2022, the Commission | ||||||
14 | Department may publish an application to issue additional | ||||||
15 | Conditional Adult Use Dispensing Organization Licenses, and | ||||||
16 | the Department shall collaborate with the Commission to | ||||||
17 | complete the issuance of licenses under this Section, pursuant | ||||||
18 | to the application process adopted under this Section. The | ||||||
19 | Commission and the Department may adopt rules to issue any | ||||||
20 | Conditional Adult Use Dispensing Organization Licenses under | ||||||
21 | this Section. Such rules may: | ||||||
22 | (1) Modify or change the BLS Regions as they apply to | ||||||
23 | this Article or modify or raise the number of Adult | ||||||
24 | Conditional Use Dispensing Organization Licenses assigned | ||||||
25 | to each BLS Region based on the following factors: |
| |||||||
| |||||||
1 | (A) Purchaser wait times. | ||||||
2 | (B) Travel time to the nearest dispensary for | ||||||
3 | potential purchasers. | ||||||
4 | (C) Percentage of cannabis sales occurring in | ||||||
5 | Illinois not in the regulated market using data from | ||||||
6 | the Substance Abuse and Mental Health Services | ||||||
7 | Administration, National Survey on Drug Use and | ||||||
8 | Health, Illinois Behavioral Risk Factor Surveillance | ||||||
9 | System, and tourism data from the Illinois Office of | ||||||
10 | Tourism to ascertain total cannabis consumption in | ||||||
11 | Illinois compared to the amount of sales in licensed | ||||||
12 | dispensing organizations. | ||||||
13 | (D) Whether there is an adequate supply of | ||||||
14 | cannabis and cannabis-infused products to serve | ||||||
15 | registered medical cannabis patients. | ||||||
16 | (E) Population increases or shifts. | ||||||
17 | (F) Density of dispensing organizations in a | ||||||
18 | region. | ||||||
19 | (G) The Commission's Department's capacity to | ||||||
20 | appropriately regulate additional licenses. | ||||||
21 | (H) The findings and recommendations from the | ||||||
22 | disparity and availability study commissioned by the | ||||||
23 | Illinois Cannabis Regulation Oversight Officer in | ||||||
24 | subsection (e) of Section 5-45 to reduce or eliminate | ||||||
25 | any identified barriers to entry in the cannabis | ||||||
26 | industry. |
| |||||||
| |||||||
1 | (I) Any other criteria the Commission Department | ||||||
2 | deems relevant. | ||||||
3 | (2) Modify or change the licensing application process | ||||||
4 | to reduce or eliminate the barriers identified in the | ||||||
5 | disparity and availability study commissioned by the | ||||||
6 | Illinois Cannabis Regulation Oversight Officer and make | ||||||
7 | modifications to remedy evidence of discrimination. | ||||||
8 | (b) At no time shall the Commission Department issue more | ||||||
9 | than 500 Adult Use Dispensing Organization Licenses. | ||||||
10 | (c) The Commission Department shall issue at least 50 | ||||||
11 | additional Conditional Adult Use Dispensing Organization | ||||||
12 | Licenses on or before December 21, 2022.
| ||||||
13 | (Source: P.A. 102-98, eff. 7-15-21.) | ||||||
14 | (410 ILCS 705/15-55)
| ||||||
15 | Sec. 15-55. Financial responsibility. Evidence of | ||||||
16 | financial responsibility is a requirement for the issuance, | ||||||
17 | maintenance, or reactivation of a license under this Article. | ||||||
18 | Evidence of financial responsibility shall be used to | ||||||
19 | guarantee that the dispensing organization timely and | ||||||
20 | successfully completes dispensary construction, operates in a | ||||||
21 | manner that provides an uninterrupted supply of cannabis, | ||||||
22 | faithfully pays registration renewal fees, keeps accurate | ||||||
23 | books and records, makes regularly required reports, complies | ||||||
24 | with State tax requirements, and conducts the dispensing | ||||||
25 | organization in conformity with this Act and rules. Evidence |
| |||||||
| |||||||
1 | of financial responsibility shall be provided by one of the | ||||||
2 | following: | ||||||
3 | (1) Establishing and maintaining an escrow or surety | ||||||
4 | account in a financial institution in the amount of | ||||||
5 | $50,000, with escrow terms, approved by the Commission | ||||||
6 | Department , that it shall be payable to the Commission | ||||||
7 | Department in the event of circumstances outlined in this | ||||||
8 | Act and rules. | ||||||
9 | (A) A financial institution may not return money | ||||||
10 | in an escrow or surety account to the dispensing | ||||||
11 | organization that established the account or a | ||||||
12 | representative of the organization unless the | ||||||
13 | organization or representative presents a statement | ||||||
14 | issued by the Commission Department indicating that | ||||||
15 | the account may be released. | ||||||
16 | (B) The escrow or surety account shall not be | ||||||
17 | canceled on less than 30 days' notice in writing to the | ||||||
18 | Commission Department , unless otherwise approved by | ||||||
19 | the Commission Department . If an escrow or surety | ||||||
20 | account is canceled and the registrant fails to secure | ||||||
21 | a new account with the required amount on or before the | ||||||
22 | effective date of cancellation, the registrant's | ||||||
23 | registration may be permanently revoked. The total and | ||||||
24 | aggregate liability of the surety on the bond is | ||||||
25 | limited to the amount specified in the escrow or | ||||||
26 | surety account. |
| |||||||
| |||||||
1 | (2) Providing a surety bond in the amount of $50,000, | ||||||
2 | naming the dispensing organization as principal of the | ||||||
3 | bond, with terms, approved by the Commission Department , | ||||||
4 | that the bond defaults to the Commission Department in the | ||||||
5 | event of circumstances outlined in this Act and rules. | ||||||
6 | Bond terms shall include: | ||||||
7 | (A) The business name and registration number on | ||||||
8 | the bond must correspond exactly with the business | ||||||
9 | name and registration number in the Commission's | ||||||
10 | Department's records. | ||||||
11 | (B) The bond must be written on a form approved by | ||||||
12 | the Commission Department . | ||||||
13 | (C) A copy of the bond must be received by the | ||||||
14 | Commission Department within 90 days after the | ||||||
15 | effective date. | ||||||
16 | (D) The bond shall not be canceled by a surety on | ||||||
17 | less than 30 days' notice in writing to the Commission | ||||||
18 | Department . If a bond is canceled and the registrant | ||||||
19 | fails to file a new bond with the Commission | ||||||
20 | Department in the required amount on or before the | ||||||
21 | effective date of cancellation, the registrant's | ||||||
22 | registration may be permanently revoked. The total and | ||||||
23 | aggregate liability of the surety on the bond is | ||||||
24 | limited to the amount specified in the bond.
| ||||||
25 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) |
| |||||||
| |||||||
1 | (410 ILCS 705/15-75)
| ||||||
2 | Sec. 15-75. Inventory control system. (a) A dispensing | ||||||
3 | organization agent-in-charge shall have primary oversight of | ||||||
4 | the dispensing organization's cannabis inventory verification | ||||||
5 | system, and its point-of-sale system. The inventory | ||||||
6 | point-of-sale system shall be real-time, web-based, and | ||||||
7 | accessible by the Commission Department at any time. The | ||||||
8 | point-of-sale system shall track, at a minimum the date of | ||||||
9 | sale, amount, price, and currency. | ||||||
10 | (b) A dispensing organization shall establish an account | ||||||
11 | with the State's verification system that documents: | ||||||
12 | (1) Each sales transaction at the time of sale and | ||||||
13 | each day's beginning inventory, acquisitions, sales, | ||||||
14 | disposal, and ending inventory. | ||||||
15 | (2) Acquisition of cannabis and cannabis-infused | ||||||
16 | products from a licensed adult use cultivation center, | ||||||
17 | craft grower, infuser, or transporter, including: | ||||||
18 | (i) A description of the products, including the | ||||||
19 | quantity, strain, variety, and batch number of each | ||||||
20 | product received; | ||||||
21 | (ii) The name and registry identification number | ||||||
22 | of the licensed adult use cultivation center, craft | ||||||
23 | grower, or infuser providing the cannabis and | ||||||
24 | cannabis-infused products; | ||||||
25 | (iii) The name and registry identification number | ||||||
26 | of the licensed adult use cultivation center, craft |
| |||||||
| |||||||
1 | grower, infuser, or transporting agent delivering the | ||||||
2 | cannabis; | ||||||
3 | (iv) The name and registry identification number | ||||||
4 | of the dispensing organization agent receiving the | ||||||
5 | cannabis; and | ||||||
6 | (v) The date of acquisition. | ||||||
7 | (3) The disposal of cannabis, including: | ||||||
8 | (i) A description of the products, including the | ||||||
9 | quantity, strain, variety, batch number, and reason | ||||||
10 | for the cannabis being disposed; | ||||||
11 | (ii) The method of disposal; and | ||||||
12 | (iii) The date and time of disposal. | ||||||
13 | (c) Upon cannabis delivery, a dispensing organization | ||||||
14 | shall confirm the product's name, strain name, weight, and | ||||||
15 | identification number on the manifest matches the information | ||||||
16 | on the cannabis product label and package. The product name | ||||||
17 | listed and the weight listed in the State's verification | ||||||
18 | system shall match the product packaging. | ||||||
19 | (d) The agent-in-charge shall conduct daily inventory | ||||||
20 | reconciliation documenting and balancing cannabis inventory by | ||||||
21 | confirming the State's verification system matches the | ||||||
22 | dispensing organization's point-of-sale system and the amount | ||||||
23 | of physical product at the dispensary. | ||||||
24 | (1) A dispensing organization must receive Commission | ||||||
25 | Department approval before completing an inventory | ||||||
26 | adjustment. It shall provide a detailed reason for the |
| |||||||
| |||||||
1 | adjustment. Inventory adjustment documentation shall be | ||||||
2 | kept at the dispensary for 2 years from the date | ||||||
3 | performed. | ||||||
4 | (2) If the dispensing organization identifies an | ||||||
5 | imbalance in the amount of cannabis after the daily | ||||||
6 | inventory reconciliation due to mistake, the dispensing | ||||||
7 | organization shall determine how the imbalance occurred | ||||||
8 | and immediately upon discovery take and document | ||||||
9 | corrective action. If the dispensing organization cannot | ||||||
10 | identify the reason for the mistake within 2 calendar days | ||||||
11 | after first discovery, it shall inform the Commission | ||||||
12 | Department immediately in writing of the imbalance and the | ||||||
13 | corrective action taken to date. The dispensing | ||||||
14 | organization shall work diligently to determine the reason | ||||||
15 | for the mistake. | ||||||
16 | (3) If the dispensing organization identifies an | ||||||
17 | imbalance in the amount of cannabis after the daily | ||||||
18 | inventory reconciliation or through other means due to | ||||||
19 | theft, criminal activity, or suspected criminal activity, | ||||||
20 | the dispensing organization shall immediately determine | ||||||
21 | how the reduction occurred and take and document | ||||||
22 | corrective action. Within 24 hours after the first | ||||||
23 | discovery of the reduction due to theft, criminal | ||||||
24 | activity, or suspected criminal activity, the dispensing | ||||||
25 | organization shall inform the Commission Department and | ||||||
26 | the Illinois State Police in writing. |
| |||||||
| |||||||
1 | (4) The dispensing organization shall file an annual | ||||||
2 | compilation report with the Commission Department , | ||||||
3 | including a financial statement that shall include, but | ||||||
4 | not be limited to, an income statement, balance sheet, | ||||||
5 | profit and loss statement, statement of cash flow, | ||||||
6 | wholesale cost and sales, and any other documentation | ||||||
7 | requested by the Commission Department in writing. The | ||||||
8 | financial statement shall include any other information | ||||||
9 | the Commission Department deems necessary in order to | ||||||
10 | effectively administer this Act and all rules, orders, and | ||||||
11 | final decisions promulgated under this Act. Statements | ||||||
12 | required by this Section shall be filed with the | ||||||
13 | Commission Department within 60 days after the end of the | ||||||
14 | calendar year. The compilation report shall include a | ||||||
15 | letter authored by a licensed certified public accountant | ||||||
16 | that it has been reviewed and is accurate based on the | ||||||
17 | information provided. The dispensing organization, | ||||||
18 | financial statement, and accompanying documents are not | ||||||
19 | required to be audited unless specifically requested by | ||||||
20 | the Commission Department . | ||||||
21 | (e) A dispensing organization shall: | ||||||
22 | (1) Maintain the documentation required in this | ||||||
23 | Section in a secure locked location at the dispensing | ||||||
24 | organization for 5 years from the date on the document; | ||||||
25 | (2) Provide any documentation required to be | ||||||
26 | maintained in this Section to the Commission Department |
| |||||||
| |||||||
1 | for review upon request; and | ||||||
2 | (3) If maintaining a bank account, retain for a period | ||||||
3 | of 5 years a record of each deposit or withdrawal from the | ||||||
4 | account. | ||||||
5 | (f) If a dispensing organization chooses to have a return | ||||||
6 | policy for cannabis and cannabis products, the dispensing | ||||||
7 | organization shall seek prior approval from the Commission | ||||||
8 | Department . | ||||||
9 | (g) The Commission may change the storage requirements for | ||||||
10 | dispensing cannabis by rule.
| ||||||
11 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; | ||||||
12 | 102-538, eff. 8-20-21.) | ||||||
13 | (410 ILCS 705/15-80)
| ||||||
14 | Sec. 15-80. Storage requirements. (a) Authorized | ||||||
15 | on-premises storage. A dispensing organization must store | ||||||
16 | inventory on its premises. All inventory stored on the | ||||||
17 | premises must be secured in a restricted access area and | ||||||
18 | tracked consistently with the inventory tracking rules. | ||||||
19 | (b) A dispensary shall be of suitable size and | ||||||
20 | construction to facilitate cleaning, maintenance, and proper | ||||||
21 | operations. | ||||||
22 | (c) A dispensary shall maintain adequate lighting, | ||||||
23 | ventilation, temperature, humidity control, and equipment. | ||||||
24 | (d) Containers storing cannabis that have been tampered | ||||||
25 | with, damaged, or opened shall be labeled with the date opened |
| |||||||
| |||||||
1 | and quarantined from other cannabis products in the vault | ||||||
2 | until they are disposed. | ||||||
3 | (e) Cannabis that was tampered with, expired, or damaged | ||||||
4 | shall not be stored at the premises for more than 7 calendar | ||||||
5 | days. | ||||||
6 | (f) Cannabis samples shall be in a sealed container. | ||||||
7 | Samples shall be maintained in the restricted access area. | ||||||
8 | (g) The dispensary storage areas shall be maintained in | ||||||
9 | accordance with the security requirements in this Act and | ||||||
10 | rules. | ||||||
11 | (h) Cannabis must be stored at appropriate temperatures | ||||||
12 | and under appropriate conditions to help ensure that its | ||||||
13 | packaging, strength, quality, and purity are not adversely | ||||||
14 | affected.
| ||||||
15 | (i) The Commission may change the storage requirements for | ||||||
16 | dispensing cannabis by rule. | ||||||
17 | (Source: P.A. 101-27, eff. 6-25-19.) | ||||||
18 | (410 ILCS 705/15-85)
| ||||||
19 | Sec. 15-85. Dispensing cannabis. (a) Before a | ||||||
20 | dispensing organization agent dispenses cannabis to a | ||||||
21 | purchaser, the agent shall: | ||||||
22 | (1) Verify the age of the purchaser by checking a | ||||||
23 | government-issued identification card by use of an | ||||||
24 | electronic reader or electronic scanning device to scan a | ||||||
25 | purchaser's government-issued identification, if |
| |||||||
| |||||||
1 | applicable, to determine the purchaser's age and the | ||||||
2 | validity of the identification; | ||||||
3 | (2) Verify the validity of the government-issued | ||||||
4 | identification card by use of an electronic reader or | ||||||
5 | electronic scanning device to scan a purchaser's | ||||||
6 | government-issued identification, if applicable, to | ||||||
7 | determine the purchaser's age and the validity of the | ||||||
8 | identification; | ||||||
9 | (3) Offer any appropriate purchaser education or | ||||||
10 | support materials; | ||||||
11 | (4) Enter the following information into the State's | ||||||
12 | cannabis electronic verification system: | ||||||
13 | (i) The dispensing organization agent's | ||||||
14 | identification number, or if the agent's card | ||||||
15 | application is pending the Commission's Department's | ||||||
16 | approval, a temporary and unique identifier until the | ||||||
17 | agent's card application is approved or denied by the | ||||||
18 | Commission Department ; | ||||||
19 | (ii) The dispensing organization's identification | ||||||
20 | number; | ||||||
21 | (iii) The amount, type (including strain, if | ||||||
22 | applicable) of cannabis or cannabis-infused product | ||||||
23 | dispensed; | ||||||
24 | (iv) The date and time the cannabis was dispensed. | ||||||
25 | (b) A dispensing organization shall refuse to sell | ||||||
26 | cannabis or cannabis-infused products to any person unless the |
| |||||||
| |||||||
1 | person produces a valid identification showing that the person | ||||||
2 | is 21 years of age or older. A medical cannabis dispensing | ||||||
3 | organization may sell cannabis or cannabis-infused products to | ||||||
4 | a person who is under 21 years of age if the sale complies with | ||||||
5 | the provisions of the Compassionate Use of Medical Cannabis | ||||||
6 | Program Act and rules. | ||||||
7 | (c) For the purposes of this Section, valid identification | ||||||
8 | must: | ||||||
9 | (1) Be valid and unexpired; | ||||||
10 | (2) Contain a photograph and the date of birth of the | ||||||
11 | person.
| ||||||
12 | (d) The Commission may change the requirements for | ||||||
13 | dispensing cannabis by rule. | ||||||
14 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; | ||||||
15 | 102-98, eff. 7-15-21.) | ||||||
16 | (410 ILCS 705/15-90)
| ||||||
17 | Sec. 15-90. Destruction and disposal of cannabis. (a) | ||||||
18 | Cannabis and cannabis-infused products must be destroyed by | ||||||
19 | rendering them unusable using methods approved by the | ||||||
20 | Commission Department that comply with this Act and rules. | ||||||
21 | (b) Cannabis waste rendered unusable must be promptly | ||||||
22 | disposed according to this Act and rules. Disposal of the | ||||||
23 | cannabis waste rendered unusable may be delivered to a | ||||||
24 | permitted solid waste facility for final disposition. | ||||||
25 | Acceptable permitted solid waste facilities include, but are |
| |||||||
| |||||||
1 | not limited to: | ||||||
2 | (1) Compostable mixed waste: Compost, anaerobic | ||||||
3 | digester, or other facility with approval of the | ||||||
4 | jurisdictional health department. | ||||||
5 | (2) Noncompostable mixed waste: Landfill, incinerator, | ||||||
6 | or other facility with approval of the jurisdictional | ||||||
7 | health department. | ||||||
8 | (c) All waste and unusable product shall be weighed, | ||||||
9 | recorded, and entered into the inventory system before | ||||||
10 | rendering it unusable. All waste and unusable cannabis | ||||||
11 | concentrates and cannabis-infused products shall be recorded | ||||||
12 | and entered into the inventory system before rendering it | ||||||
13 | unusable. Verification of this event shall be performed by an | ||||||
14 | agent-in-charge and conducted in an area with video | ||||||
15 | surveillance. | ||||||
16 | (d) Electronic documentation of destruction and disposal | ||||||
17 | shall be maintained for a period of at least 5 years.
| ||||||
18 | (e) The Commission may change the requirements for the | ||||||
19 | destruction and disposal of cannabis by rule. | ||||||
20 | (Source: P.A. 101-27, eff. 6-25-19.) | ||||||
21 | (410 ILCS 705/15-100)
| ||||||
22 | Sec. 15-100. Security. (a) A dispensing organization | ||||||
23 | shall implement security measures to deter and prevent entry | ||||||
24 | into and theft of cannabis or currency. | ||||||
25 | (b) A dispensing organization shall submit any changes to |
| |||||||
| |||||||
1 | the floor plan or security plan to the Commission Department | ||||||
2 | for pre-approval. All cannabis shall be maintained and stored | ||||||
3 | in a restricted access area during construction. | ||||||
4 | (c) The dispensing organization shall implement security | ||||||
5 | measures to protect the premises, purchasers, and dispensing | ||||||
6 | organization agents including, but not limited to the | ||||||
7 | following: | ||||||
8 | (1) Establish a locked door or barrier between the | ||||||
9 | facility's entrance and the limited access area; | ||||||
10 | (2) Prevent individuals from remaining on the premises | ||||||
11 | if they are not engaging in activity permitted by this Act | ||||||
12 | or rules; | ||||||
13 | (3) Develop a policy that addresses the maximum | ||||||
14 | capacity and purchaser flow in the waiting rooms and | ||||||
15 | limited access areas; | ||||||
16 | (4) Dispose of cannabis in accordance with this Act | ||||||
17 | and rules; | ||||||
18 | (5) During hours of operation, store and dispense all | ||||||
19 | cannabis from the restricted access area. During | ||||||
20 | operational hours, cannabis shall be stored in an enclosed | ||||||
21 | locked room or cabinet and accessible only to specifically | ||||||
22 | authorized dispensing organization agents; | ||||||
23 | (6) When the dispensary is closed, store all cannabis | ||||||
24 | and currency in a reinforced vault room in the restricted | ||||||
25 | access area and in a manner as to prevent diversion, | ||||||
26 | theft, or loss; |
| |||||||
| |||||||
1 | (7) Keep the reinforced vault room and any other | ||||||
2 | equipment or cannabis storage areas securely locked and | ||||||
3 | protected from unauthorized entry; | ||||||
4 | (8) Keep an electronic daily log of dispensing | ||||||
5 | organization agents with access to the reinforced vault | ||||||
6 | room and knowledge of the access code or combination; | ||||||
7 | (9) Keep all locks and security equipment in good | ||||||
8 | working order; | ||||||
9 | (10) Maintain an operational security and alarm system | ||||||
10 | at all times; | ||||||
11 | (11) Prohibit keys, if applicable, from being left in | ||||||
12 | the locks, or stored or placed in a location accessible to | ||||||
13 | persons other than specifically authorized personnel; | ||||||
14 | (12) Prohibit accessibility of security measures, | ||||||
15 | including combination numbers, passwords, or electronic or | ||||||
16 | biometric security systems to persons other than | ||||||
17 | specifically authorized dispensing organization agents; | ||||||
18 | (13) Ensure that the dispensary interior and exterior | ||||||
19 | premises are sufficiently lit to facilitate surveillance; | ||||||
20 | (14) Ensure that trees, bushes, and other foliage | ||||||
21 | outside of the dispensary premises do not allow for a | ||||||
22 | person or persons to conceal themselves from sight; | ||||||
23 | (15) Develop emergency policies and procedures for | ||||||
24 | securing all product and currency following any instance | ||||||
25 | of diversion, theft, or loss of cannabis, and conduct an | ||||||
26 | assessment to determine whether additional safeguards are |
| |||||||
| |||||||
1 | necessary; and | ||||||
2 | (16) Develop sufficient additional safeguards in | ||||||
3 | response to any special security concerns, or as required | ||||||
4 | by the Commission Department . | ||||||
5 | (d) The Commission Department may request or approve | ||||||
6 | alternative security provisions that it determines are an | ||||||
7 | adequate substitute for a security requirement specified in | ||||||
8 | this Article. Any additional protections may be considered by | ||||||
9 | the Commission Department in evaluating overall security | ||||||
10 | measures. | ||||||
11 | (e) A dispensing organization may share premises with a | ||||||
12 | craft grower or an infuser organization, or both, provided | ||||||
13 | each licensee stores currency and cannabis or cannabis-infused | ||||||
14 | products in a separate secured vault to which the other | ||||||
15 | licensee does not have access or all licensees sharing a vault | ||||||
16 | share more than 50% of the same ownership. | ||||||
17 | (f) A dispensing organization shall provide additional | ||||||
18 | security as needed and in a manner appropriate for the | ||||||
19 | community where it operates. | ||||||
20 | (g) Restricted access areas. | ||||||
21 | (1) All restricted access areas must be identified by | ||||||
22 | the posting of a sign that is a minimum of 12 inches by 12 | ||||||
23 | inches and that states "Do Not Enter - Restricted Access | ||||||
24 | Area - Authorized Personnel Only" in lettering no smaller | ||||||
25 | than one inch in height. | ||||||
26 | (2) All restricted access areas shall be clearly |
| |||||||
| |||||||
1 | described in the floor plan of the premises, in the form | ||||||
2 | and manner determined by the Commission Department , | ||||||
3 | reflecting walls, partitions, counters, and all areas of | ||||||
4 | entry and exit. The floor plan shall show all storage, | ||||||
5 | disposal, and retail sales areas. | ||||||
6 | (3) All restricted access areas must be secure, with | ||||||
7 | locking devices that prevent access from the limited | ||||||
8 | access areas. | ||||||
9 | (h) Security and alarm. | ||||||
10 | (1) A dispensing organization shall have an adequate | ||||||
11 | security plan and security system to prevent and detect | ||||||
12 | diversion, theft, or loss of cannabis, currency, or | ||||||
13 | unauthorized intrusion using commercial grade equipment | ||||||
14 | installed by an Illinois licensed private alarm contractor | ||||||
15 | or private alarm contractor agency that shall, at a | ||||||
16 | minimum, include: | ||||||
17 | (i) A perimeter alarm on all entry points and | ||||||
18 | glass break protection on perimeter windows; | ||||||
19 | (ii) Security shatterproof tinted film on exterior | ||||||
20 | windows; | ||||||
21 | (iii) A failure notification system that provides | ||||||
22 | an audible, text, or visual notification of any | ||||||
23 | failure in the surveillance system, including, but not | ||||||
24 | limited to, panic buttons, alarms, and video | ||||||
25 | monitoring system. The failure notification system | ||||||
26 | shall provide an alert to designated dispensing |
| |||||||
| |||||||
1 | organization agents within 5 minutes after the | ||||||
2 | failure, either by telephone or text message; | ||||||
3 | (iv) A duress alarm, panic button, and alarm, or | ||||||
4 | holdup alarm and after-hours intrusion detection alarm | ||||||
5 | that by design and purpose will directly or indirectly | ||||||
6 | notify, by the most efficient means, the Public Safety | ||||||
7 | Answering Point for the law enforcement agency having | ||||||
8 | primary jurisdiction; | ||||||
9 | (v) Security equipment to deter and prevent | ||||||
10 | unauthorized entrance into the dispensary, including | ||||||
11 | electronic door locks on the limited and restricted | ||||||
12 | access areas that include devices or a series of | ||||||
13 | devices to detect unauthorized intrusion that may | ||||||
14 | include a signal system interconnected with a radio | ||||||
15 | frequency method, cellular, private radio signals or | ||||||
16 | other mechanical or electronic device. | ||||||
17 | (2) All security system equipment and recordings shall | ||||||
18 | be maintained in good working order, in a secure location | ||||||
19 | so as to prevent theft, loss, destruction, or alterations. | ||||||
20 | (3) Access to surveillance monitoring recording | ||||||
21 | equipment shall be limited to persons who are essential to | ||||||
22 | surveillance operations, law enforcement authorities acting | ||||||
23 | within their jurisdiction, security system service personnel, | ||||||
24 | and the Commission Department . A current list of authorized | ||||||
25 | dispensing organization agents and service personnel | ||||||
26 | that have access to the surveillance equipment must be |
| |||||||
| |||||||
1 | available to the Commission Department upon request. | ||||||
2 | (4) All security equipment shall be inspected and | ||||||
3 | tested at regular intervals, not to exceed one month from | ||||||
4 | the previous inspection, and tested to ensure the systems | ||||||
5 | remain functional. | ||||||
6 | (5) The security system shall provide protection | ||||||
7 | against theft and diversion that is facilitated or hidden | ||||||
8 | by tampering with computers or electronic records. | ||||||
9 | (6) The dispensary shall ensure all access doors are | ||||||
10 | not solely controlled by an electronic access panel to | ||||||
11 | ensure that locks are not released during a power outage. | ||||||
12 | (i) To monitor the dispensary, the dispensing organization | ||||||
13 | shall incorporate continuous electronic video monitoring | ||||||
14 | including the following: | ||||||
15 | (1) All monitors must be 19 inches or greater; | ||||||
16 | (2) Unobstructed video surveillance of all enclosed | ||||||
17 | dispensary areas, unless prohibited by law, including all | ||||||
18 | points of entry and exit that shall be appropriate for the | ||||||
19 | normal lighting conditions of the area under surveillance. | ||||||
20 | The cameras shall be directed so all areas are captured, | ||||||
21 | including, but not limited to, safes, vaults, sales areas, | ||||||
22 | and areas where cannabis is stored, handled, dispensed, or | ||||||
23 | destroyed. Cameras shall be angled to allow for facial | ||||||
24 | recognition, the capture of clear and certain | ||||||
25 | identification of any person entering or exiting the | ||||||
26 | dispensary area and in lighting sufficient during all |
| |||||||
| |||||||
1 | times of night or day; | ||||||
2 | (3) Unobstructed video surveillance of outside areas, | ||||||
3 | the storefront, and the parking lot, that shall be | ||||||
4 | appropriate for the normal lighting conditions of the area | ||||||
5 | under surveillance. Cameras shall be angled so as to allow | ||||||
6 | for the capture of facial recognition, clear and certain | ||||||
7 | identification of any person entering or exiting the | ||||||
8 | dispensary and the immediate surrounding area, and license | ||||||
9 | plates of vehicles in the parking lot; | ||||||
10 | (4) 24-hour recordings from all video cameras | ||||||
11 | available for immediate viewing by the Commission | ||||||
12 | Department upon request. Recordings shall not be destroyed | ||||||
13 | or altered and shall be retained for at least 90 days. | ||||||
14 | Recordings shall be retained as long as necessary if the | ||||||
15 | dispensing organization is aware of the loss or theft of | ||||||
16 | cannabis or a pending criminal, civil, or administrative | ||||||
17 | investigation or legal proceeding for which the recording | ||||||
18 | may contain relevant information; | ||||||
19 | (5) The ability to immediately produce a clear, color | ||||||
20 | still photo from the surveillance video, either live or | ||||||
21 | recorded; | ||||||
22 | (6) A date and time stamp embedded on all video | ||||||
23 | surveillance recordings. The date and time shall be | ||||||
24 | synchronized and set correctly and shall not significantly | ||||||
25 | obscure the picture; | ||||||
26 | (7) The ability to remain operational during a power |
| |||||||
| |||||||
1 | outage and ensure all access doors are not solely | ||||||
2 | controlled by an electronic access panel to ensure that | ||||||
3 | locks are not released during a power outage; | ||||||
4 | (8) All video surveillance equipment shall allow for | ||||||
5 | the exporting of still images in an industry standard | ||||||
6 | image format, including .jpg, .bmp, and .gif. Exported | ||||||
7 | video shall have the ability to be archived in a | ||||||
8 | proprietary format that ensures authentication of the | ||||||
9 | video and guarantees that no alteration of the recorded | ||||||
10 | image has taken place. Exported video shall also have the | ||||||
11 | ability to be saved in an industry standard file format | ||||||
12 | that can be played on a standard computer operating | ||||||
13 | system. All recordings shall be erased or destroyed before | ||||||
14 | disposal; | ||||||
15 | (9) The video surveillance system shall be operational | ||||||
16 | during a power outage with a 4-hour minimum battery | ||||||
17 | backup; | ||||||
18 | (10) A video camera or cameras recording at each | ||||||
19 | point-of-sale location allowing for the identification of | ||||||
20 | the dispensing organization agent distributing the | ||||||
21 | cannabis and any purchaser. The camera or cameras shall | ||||||
22 | capture the sale, the individuals and the computer | ||||||
23 | monitors used for the sale; | ||||||
24 | (11) A failure notification system that provides an | ||||||
25 | audible and visual notification of any failure in the | ||||||
26 | electronic video monitoring system; and |
| |||||||
| |||||||
1 | (12) All electronic video surveillance monitoring must | ||||||
2 | record at least the equivalent of 8 frames per second and | ||||||
3 | be available as recordings to the Commission Department | ||||||
4 | and the Illinois State Police 24 hours a day via a secure | ||||||
5 | web-based portal with reverse functionality. | ||||||
6 | (j) The requirements contained in this Act are minimum | ||||||
7 | requirements for operating a dispensing organization. The | ||||||
8 | Commission Department may change existing or establish | ||||||
9 | additional requirements by rule.
| ||||||
10 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; | ||||||
11 | 102-538, eff. 8-20-21.) | ||||||
12 | (410 ILCS 705/15-110)
| ||||||
13 | Sec. 15-110. Recordkeeping. | ||||||
14 | (a) Dispensing organization records must be maintained | ||||||
15 | electronically for 3 years and be available for inspection by | ||||||
16 | the Commission Department upon request. Required written | ||||||
17 | records include, but are not limited to, the following: | ||||||
18 | (1) Operating procedures; | ||||||
19 | (2) Inventory records, policies, and procedures; | ||||||
20 | (3) Security records; | ||||||
21 | (4) Audit records; | ||||||
22 | (5) Staff training plans and completion documentation; | ||||||
23 | (6) Staffing plan; and | ||||||
24 | (7) Business records, including but not limited to: | ||||||
25 | (i) Assets and liabilities; |
| |||||||
| |||||||
1 | (ii) Monetary transactions; | ||||||
2 | (iii) Written or electronic accounts, including | ||||||
3 | bank statements, journals, ledgers, and supporting | ||||||
4 | documents, agreements, checks, invoices, receipts, and | ||||||
5 | vouchers; and | ||||||
6 | (iv) Any other financial accounts reasonably | ||||||
7 | related to the dispensary operations. | ||||||
8 | (b) Storage and transfer of records. If a dispensary | ||||||
9 | closes due to insolvency, revocation, bankruptcy, or for any | ||||||
10 | other reason, all records must be preserved at the expense of | ||||||
11 | the dispensing organization for at least 3 years in a form and | ||||||
12 | location in Illinois acceptable to the Commission Department . | ||||||
13 | The dispensing organization shall keep the records longer if | ||||||
14 | requested by the Commission Department . The dispensing | ||||||
15 | organization shall notify the Commission Department of the | ||||||
16 | location where the dispensary records are stored or | ||||||
17 | transferred.
| ||||||
18 | (c) The Commission may change the recordkeeping | ||||||
19 | requirements by rule. | ||||||
20 | (Source: P.A. 101-27, eff. 6-25-19.) | ||||||
21 | (410 ILCS 705/15-120)
| ||||||
22 | Sec. 15-120. Closure of a dispensary. (a) If a | ||||||
23 | dispensing organization decides not to renew its license or | ||||||
24 | decides to close its business, it shall promptly notify the | ||||||
25 | Commission Department not less than 3 months before the |
| |||||||
| |||||||
1 | effective date of the closing date or as otherwise authorized | ||||||
2 | by the Commission Department . | ||||||
3 | (b) The dispensing organization shall work with the | ||||||
4 | Commission Department to develop a closure plan that | ||||||
5 | addresses, at a minimum, the transfer of business records, | ||||||
6 | transfer of cannabis products, and anything else the | ||||||
7 | Commission Department finds necessary.
| ||||||
8 | (c) The Commission may change the requirements for closure | ||||||
9 | of a dispensary by rule. | ||||||
10 | (Source: P.A. 101-27, eff. 6-25-19.) | ||||||
11 | (410 ILCS 705/15-125)
| ||||||
12 | Sec. 15-125. Fees. After January 1, 2022, the Commission | ||||||
13 | Department may by rule modify any fee established under this | ||||||
14 | Article.
| ||||||
15 | (Source: P.A. 101-27, eff. 6-25-19.) | ||||||
16 | (410 ILCS 705/15-135)
| ||||||
17 | Sec. 15-135. Investigations. (a) Dispensing | ||||||
18 | organizations are subject to random and unannounced dispensary | ||||||
19 | inspections and cannabis testing by the Commission Department , | ||||||
20 | the Illinois State Police, local law enforcement, or as | ||||||
21 | provided by rule. | ||||||
22 | (b) The Commission Department and its authorized | ||||||
23 | representatives may enter any place, including a vehicle, in | ||||||
24 | which cannabis is held, stored, dispensed, sold, produced, |
| |||||||
| |||||||
1 | delivered, transported, manufactured, or disposed of and | ||||||
2 | inspect, in a reasonable manner, the place and all pertinent | ||||||
3 | equipment, containers and labeling, and all things including | ||||||
4 | records, files, financial data, sales data, shipping data, | ||||||
5 | pricing data, personnel data, research, papers, processes, | ||||||
6 | controls, and facility, and inventory any stock of cannabis | ||||||
7 | and obtain samples of any cannabis or cannabis-infused | ||||||
8 | product, any labels or containers for cannabis, or | ||||||
9 | paraphernalia. | ||||||
10 | (c) The Commission Department may conduct an investigation | ||||||
11 | of an applicant, application, dispensing organization, | ||||||
12 | principal officer, dispensary agent, third party vendor, or | ||||||
13 | any other party associated with a dispensing organization for | ||||||
14 | an alleged violation of this Act or rules or to determine | ||||||
15 | qualifications to be granted a registration by the Commission | ||||||
16 | Department . | ||||||
17 | (d) The Commission Department may require an applicant or | ||||||
18 | holder of any license issued pursuant to this Article to | ||||||
19 | produce documents, records, or any other material pertinent to | ||||||
20 | the investigation of an application or alleged violations of | ||||||
21 | this Act or rules. Failure to provide the required material | ||||||
22 | may be grounds for denial or discipline. | ||||||
23 | (e) Every person charged with preparation, obtaining, or | ||||||
24 | keeping records, logs, reports, or other documents in | ||||||
25 | connection with this Act and rules and every person in charge, | ||||||
26 | or having custody, of those documents shall, upon request by |
| |||||||
| |||||||
1 | the Commission Department , make the documents immediately | ||||||
2 | available for inspection and copying by the Commission | ||||||
3 | Department , the Commission's Department's authorized | ||||||
4 | representative, or others authorized by law to review the | ||||||
5 | documents.
| ||||||
6 | The Commission may change the requirements for | ||||||
7 | investigations by rule. | ||||||
8 | (Source: P.A. 101-27, eff. 6-25-19; 102-98, eff. 7-15-21; | ||||||
9 | 102-538, eff. 8-20-21; revised 10-12-21.) | ||||||
10 | (410 ILCS 705/15-140)
| ||||||
11 | Sec. 15-140. Citations. The Commission Department may | ||||||
12 | issue nondisciplinary citations for minor violations. Any such | ||||||
13 | citation issued by the Commission Department may be | ||||||
14 | accompanied by a fee. The fee shall not exceed $20,000 per | ||||||
15 | violation. The citation shall be issued to the licensee and | ||||||
16 | shall contain the licensee's name and address, the licensee's | ||||||
17 | license number, a brief factual statement, the Sections of the | ||||||
18 | law allegedly violated, and the fee, if any, imposed. The | ||||||
19 | citation must clearly state that the licensee may choose, in | ||||||
20 | lieu of accepting the citation, to request a hearing. If the | ||||||
21 | licensee does not dispute the matter in the citation with the | ||||||
22 | Commission Department within 30 days after the citation is | ||||||
23 | served, then the citation shall become final and not subject | ||||||
24 | to appeal. The penalty shall be a fee or other conditions as | ||||||
25 | established by rule.
|
| |||||||
| |||||||
1 | (Source: P.A. 101-27, eff. 6-25-19.) | ||||||
2 | (410 ILCS 705/15-145)
| ||||||
3 | Sec. 15-145. Grounds for discipline. (a) The | ||||||
4 | Commission Department may deny issuance, refuse to renew or | ||||||
5 | restore, or may reprimand, place on probation, suspend, | ||||||
6 | revoke, or take other disciplinary or nondisciplinary action | ||||||
7 | against any license or agent identification card or may impose | ||||||
8 | a fine for any of the following: | ||||||
9 | (1) Material misstatement in furnishing information to | ||||||
10 | the Commission Department ; | ||||||
11 | (2) Violations of this Act or rules; | ||||||
12 | (3) Obtaining an authorization or license by fraud or | ||||||
13 | misrepresentation; | ||||||
14 | (4) A pattern of conduct that demonstrates | ||||||
15 | incompetence or that the applicant has engaged in conduct | ||||||
16 | or actions that would constitute grounds for discipline | ||||||
17 | under this Act; | ||||||
18 | (5) Aiding or assisting another person in violating | ||||||
19 | any provision of this Act or rules; | ||||||
20 | (6) Failing to respond to a written request for | ||||||
21 | information by the Commission Department within 30 days; | ||||||
22 | (7) Engaging in unprofessional, dishonorable, or | ||||||
23 | unethical conduct of a character likely to deceive, | ||||||
24 | defraud, or harm the public; | ||||||
25 | (8) Adverse action by another United States |
| |||||||
| |||||||
1 | jurisdiction or foreign nation; | ||||||
2 | (9) A finding by the Commission Department that the | ||||||
3 | licensee, after having his or her license placed on | ||||||
4 | suspended or probationary status, has violated the terms | ||||||
5 | of the suspension or probation; | ||||||
6 | (10) Conviction, entry of a plea of guilty, nolo | ||||||
7 | contendere, or the equivalent in a State or federal court | ||||||
8 | of a principal officer or agent-in-charge of a felony | ||||||
9 | offense in accordance with Sections 2105-131, 2105-135, | ||||||
10 | and 2105-205 of the Department of Professional Regulation | ||||||
11 | Law of the Civil Administrative Code of Illinois; | ||||||
12 | (11) Excessive use of or addiction to alcohol, | ||||||
13 | narcotics, stimulants, or any other chemical agent or | ||||||
14 | drug; | ||||||
15 | (12) A finding by the Commission Department of a | ||||||
16 | discrepancy in a Commission Department audit of cannabis; | ||||||
17 | (13) A finding by the Commission Department of a | ||||||
18 | discrepancy in a Commission Department audit of capital or | ||||||
19 | funds; | ||||||
20 | (14) A finding by the Commission Department of | ||||||
21 | acceptance of cannabis from a source other than an Adult | ||||||
22 | Use Cultivation Center, craft grower, infuser, or | ||||||
23 | transporting organization licensed by the Department of | ||||||
24 | Agriculture , or a dispensing organization licensed by the | ||||||
25 | Commission Department ; | ||||||
26 | (15) An inability to operate using reasonable |
| |||||||
| |||||||
1 | judgment, skill, or safety due to physical or mental | ||||||
2 | illness or other impairment or disability, including, | ||||||
3 | without limitation, deterioration through the aging | ||||||
4 | process or loss of motor skills or mental incompetence; | ||||||
5 | (16) Failing to report to the Commission Department | ||||||
6 | within the time frames established, or if not identified, | ||||||
7 | 14 days, of any adverse action taken against the | ||||||
8 | dispensing organization or an agent by a licensing | ||||||
9 | jurisdiction in any state or any territory of the United | ||||||
10 | States or any foreign jurisdiction, any governmental | ||||||
11 | agency, any law enforcement agency or any court defined in | ||||||
12 | this Section; | ||||||
13 | (17) Any violation of the dispensing organization's | ||||||
14 | policies and procedures submitted to the Commission | ||||||
15 | Department annually as a condition for licensure; | ||||||
16 | (18) Failure to inform the Commission Department of | ||||||
17 | any change of address within 10 business days; | ||||||
18 | (19) Disclosing customer names, personal information, | ||||||
19 | or protected health information in violation of any State | ||||||
20 | or federal law; | ||||||
21 | (20) Operating a dispensary before obtaining a license | ||||||
22 | from the Commission Department ; | ||||||
23 | (21) Performing duties authorized by this Act prior to | ||||||
24 | receiving a license to perform such duties; | ||||||
25 | (22) Dispensing cannabis when prohibited by this Act | ||||||
26 | or rules; |
| |||||||
| |||||||
1 | (23) Any fact or condition that, if it had existed at | ||||||
2 | the time of the original application for the license, | ||||||
3 | would have warranted the denial of the license; | ||||||
4 | (24) Permitting a person without a valid agent | ||||||
5 | identification card to perform licensed activities under | ||||||
6 | this Act; | ||||||
7 | (25) Failure to assign an agent-in-charge as required | ||||||
8 | by this Article; | ||||||
9 | (26) Failure to provide the training required by | ||||||
10 | paragraph (3) of subsection (i) of Section 15-40 within | ||||||
11 | the provided timeframe; | ||||||
12 | (27) Personnel insufficient in number or unqualified | ||||||
13 | in training or experience to properly operate the | ||||||
14 | dispensary business; | ||||||
15 | (28) Any pattern of activity that causes a harmful | ||||||
16 | impact on the community; and | ||||||
17 | (29) Failing to prevent diversion, theft, or loss of | ||||||
18 | cannabis. | ||||||
19 | (b) All fines and fees imposed under this Section shall be | ||||||
20 | paid within 60 days after the effective date of the order | ||||||
21 | imposing the fine or as otherwise specified in the order. | ||||||
22 | (c) A circuit court order establishing that an | ||||||
23 | agent-in-charge or principal officer holding an agent | ||||||
24 | identification card is subject to involuntary admission as | ||||||
25 | that term is defined in Section 1-119 or 1-119.1 of the Mental | ||||||
26 | Health and Developmental Disabilities Code shall operate as a |
| |||||||
| |||||||
1 | suspension of that card.
| ||||||
2 | (d) The Commission may change the requirements for grounds | ||||||
3 | for discipline by rule. | ||||||
4 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) | ||||||
5 | (410 ILCS 705/15-150)
| ||||||
6 | Sec. 15-150. Temporary suspension. | ||||||
7 | (a) The Commission Secretary of Financial and Professional | ||||||
8 | Regulation may temporarily suspend a dispensing organization | ||||||
9 | license or an agent registration without a hearing if the | ||||||
10 | Commission Secretary finds that public safety or welfare | ||||||
11 | requires emergency action. The Commission Secretary shall | ||||||
12 | cause the temporary suspension by issuing a suspension notice | ||||||
13 | in connection with the institution of proceedings for a | ||||||
14 | hearing. | ||||||
15 | (b) If the Commission Secretary temporarily suspends a | ||||||
16 | license or agent registration without a hearing, the licensee | ||||||
17 | or agent is entitled to a hearing within 45 days after the | ||||||
18 | suspension notice has been issued. The hearing shall be | ||||||
19 | limited to the issues cited in the suspension notice, unless | ||||||
20 | all parties agree otherwise. | ||||||
21 | (c) If the Commission Department does not hold a hearing | ||||||
22 | with 45 days after the date the suspension notice was issued, | ||||||
23 | then the suspended license or registration shall be | ||||||
24 | automatically reinstated and the suspension vacated. | ||||||
25 | (d) The suspended licensee or agent may seek a continuance |
| |||||||
| |||||||
1 | of the hearing date, during which time the suspension remains | ||||||
2 | in effect and the license or registration shall not be | ||||||
3 | automatically reinstated. | ||||||
4 | (e) Subsequently discovered causes of action by the | ||||||
5 | Commission Department after the issuance of the suspension | ||||||
6 | notice may be filed as a separate notice of violation. The | ||||||
7 | Commission Department is not precluded from filing a separate | ||||||
8 | action against the suspended licensee or agent.
| ||||||
9 | (f) The Commission may change the requirements for | ||||||
10 | temporary suspension by rule. | ||||||
11 | (Source: P.A. 101-27, eff. 6-25-19.) | ||||||
12 | (410 ILCS 705/15-155)
| ||||||
13 | Sec. 15-155. Unlicensed practice; violation; civil | ||||||
14 | penalty. (a) In addition to any other penalty provided by | ||||||
15 | law, any person who practices, offers to practice, attempts to | ||||||
16 | practice, or holds oneself out to practice as a licensed | ||||||
17 | dispensing organization owner, principal officer, | ||||||
18 | agent-in-charge, or agent without being licensed under this | ||||||
19 | Act shall, in addition to any other penalty provided by law, | ||||||
20 | pay a civil penalty to the Commission Department of Financial | ||||||
21 | and Professional Regulation in an amount not to exceed $10,000 | ||||||
22 | for each offense as determined by the Commission Department . | ||||||
23 | The civil penalty shall be assessed by the Commission | ||||||
24 | Department after a hearing is held in accordance with the | ||||||
25 | provisions set forth in this Act regarding the provision of a |
| |||||||
| |||||||
1 | hearing for the discipline of a licensee. | ||||||
2 | (b) The Commission Department has the authority and power | ||||||
3 | to investigate any and all unlicensed activity. | ||||||
4 | (c) The civil penalty shall be paid within 60 days after | ||||||
5 | the effective date of the order imposing the civil penalty or | ||||||
6 | in accordance with the order imposing the civil penalty. The | ||||||
7 | order shall constitute a judgment and may be filed and | ||||||
8 | execution had thereon in the same manner as any judgment from | ||||||
9 | any court of this State.
| ||||||
10 | (d) The Commission may change the requirements for | ||||||
11 | temporary suspension by rule. | ||||||
12 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) | ||||||
13 | (410 ILCS 705/15-160)
| ||||||
14 | Sec. 15-160. Notice; hearing. (a) The Commission | ||||||
15 | Department shall, before disciplining an applicant or | ||||||
16 | licensee, at least 30 days before the date set for the hearing: | ||||||
17 | (i) notify the accused in writing of the charges made and the | ||||||
18 | time and place for the hearing on the charges; (ii) direct him | ||||||
19 | or her to file a written answer to the charges under oath | ||||||
20 | within 20 days after service; and (iii) inform the applicant | ||||||
21 | or licensee that failure to answer will result in a default | ||||||
22 | being entered against the applicant or licensee. | ||||||
23 | (b) At the time and place fixed in the notice, the hearing | ||||||
24 | officer appointed by the Commission Secretary shall proceed to | ||||||
25 | hear the charges, and the parties or their counsel shall be |
| |||||||
| |||||||
1 | accorded ample opportunity to present any pertinent | ||||||
2 | statements, testimony, evidence, and arguments. The hearing | ||||||
3 | officer may continue the hearing from time to time. In case the | ||||||
4 | person, after receiving the notice, fails to file an answer, | ||||||
5 | his or her license may, in the discretion of the Commission | ||||||
6 | Secretary , having first received the recommendation of the | ||||||
7 | hearing officer, be suspended, revoked, or placed on | ||||||
8 | probationary status, or be subject to whatever disciplinary | ||||||
9 | action the Commission Secretary considers proper, including a | ||||||
10 | fine, without hearing, if that act or acts charged constitute | ||||||
11 | sufficient grounds for that action under this Act. | ||||||
12 | (c) The written notice and any notice in the subsequent | ||||||
13 | proceeding may be served by regular mail or email to the | ||||||
14 | licensee's or applicant's address of record.
| ||||||
15 | (d) The Commission may change the requirements for notice | ||||||
16 | and hearing by rule. | ||||||
17 | (Source: P.A. 101-27, eff. 6-25-19.) | ||||||
18 | (410 ILCS 705/15-165)
| ||||||
19 | Sec. 15-165. Subpoenas; oaths. | ||||||
20 | (a) The Commission Department shall have the power to | ||||||
21 | subpoena and bring before it any person and to take testimony | ||||||
22 | either orally or by deposition, or both, with the same fees and | ||||||
23 | mileage and in the same manner as prescribed by law in judicial | ||||||
24 | proceedings in civil cases in courts in this State. The | ||||||
25 | Commission Secretary or the hearing officer shall each have |
| |||||||
| |||||||
1 | the power to administer oaths to witnesses at any hearings | ||||||
2 | that the Commission Department is authorized to conduct.
| ||||||
3 | (b) The Commission may change the requirements for this | ||||||
4 | Section by rule. | ||||||
5 | (Source: P.A. 101-27, eff. 6-25-19.) | ||||||
6 | (410 ILCS 705/15-170)
| ||||||
7 | Sec. 15-170. Hearing; motion for rehearing. (a) The | ||||||
8 | hearing officer shall hear evidence in support of the formal | ||||||
9 | charges and evidence produced by the licensee. At the | ||||||
10 | conclusion of the hearing, the hearing officer shall present | ||||||
11 | to the Commission Secretary a written report of his or her | ||||||
12 | findings of fact, conclusions of law, and recommendations. | ||||||
13 | (b) At the conclusion of the hearing, a copy of the hearing | ||||||
14 | officer's report shall be served upon the applicant or | ||||||
15 | licensee by the Commission Department , either personally or as | ||||||
16 | provided in this Act for the service of a notice of hearing. | ||||||
17 | Within 20 calendar days after service, the applicant or | ||||||
18 | licensee may present to the Commission Department a motion in | ||||||
19 | writing for rehearing, which shall specify the particular | ||||||
20 | grounds for rehearing. The Commission Department may respond | ||||||
21 | to the motion for rehearing within 20 calendar days after its | ||||||
22 | service on the Commission Department . If no motion for | ||||||
23 | rehearing is filed, then, upon the expiration of the time | ||||||
24 | specified for filing such motion or upon denial of a motion for | ||||||
25 | rehearing, the Commission Secretary may enter an order in |
| |||||||
| |||||||
1 | accordance with the recommendation of the hearing officer. If | ||||||
2 | the applicant or licensee orders from the reporting service | ||||||
3 | and pays for a transcript of the record within the time for | ||||||
4 | filing a motion for rehearing, the 20-day period within which | ||||||
5 | a motion may be filed shall commence upon the delivery of the | ||||||
6 | transcript to the applicant or licensee. | ||||||
7 | (c) If the Commission Secretary disagrees in any regard | ||||||
8 | with the report of the hearing officer, the Commission | ||||||
9 | Secretary may issue an order contrary to the report. | ||||||
10 | (d) Whenever the Commission Secretary is not satisfied | ||||||
11 | that substantial justice has been done, the Commission | ||||||
12 | Secretary may order a rehearing by the same or another hearing | ||||||
13 | officer. | ||||||
14 | (e) At any point in any investigation or disciplinary | ||||||
15 | proceeding under in this Article, both parties may agree to a | ||||||
16 | negotiated consent order. The consent order shall be final | ||||||
17 | upon signature of the Commission Secretary .
| ||||||
18 | (f) The Commission may change the requirements of this | ||||||
19 | Section by rule. | ||||||
20 | (Source: P.A. 101-27, eff. 6-25-19.) | ||||||
21 | (410 ILCS 705/15-175)
| ||||||
22 | Sec. 15-175. Review under the Administrative Review Law. | ||||||
23 | (a) All final administrative decisions of the Commission | ||||||
24 | Department hereunder shall be subject to judicial review under | ||||||
25 | the provisions of the Administrative Review Law, and all |
| |||||||
| |||||||
1 | amendment and modifications thereof. The term "administrative | ||||||
2 | decision" is defined as in Section 3-101 of the Code of Civil | ||||||
3 | Procedure. | ||||||
4 | (b) Proceedings for judicial review shall be commenced in | ||||||
5 | the circuit court of the county in which the party applying for | ||||||
6 | review resides, but if the party is not a resident of Illinois, | ||||||
7 | the venue shall be in Sangamon County. | ||||||
8 | (c) The Commission Department shall not be required to | ||||||
9 | certify any record to the court, file any answer in court, or | ||||||
10 | otherwise appear in any court in a judicial review proceeding, | ||||||
11 | unless and until the Commission Department has received from | ||||||
12 | the plaintiff payment of the costs of furnishing and | ||||||
13 | certifying the record, which costs shall be determined by the | ||||||
14 | Commission Department . Failure on the part of the plaintiff to | ||||||
15 | file a receipt in court shall be grounds for dismissal of the | ||||||
16 | action.
| ||||||
17 | (Source: P.A. 101-27, eff. 6-25-19.) | ||||||
18 | (410 ILCS 705/20-1)
| ||||||
19 | Sec. 20-1. Definition. In this Article : , | ||||||
20 | "Commission" means the Cannabis Equity and Oversight | ||||||
21 | Commission. | ||||||
22 | "Department" means the Department of Agriculture.
| ||||||
23 | (Source: P.A. 101-27, eff. 6-25-19.) | ||||||
24 | (410 ILCS 705/20-5)
|
| |||||||
| |||||||
1 | Sec. 20-5. Issuance of licenses. On or after July 1, 2021, | ||||||
2 | the Commission Department of Agriculture by rule may: | ||||||
3 | (1) Modify or change the number of cultivation center | ||||||
4 | licenses available, which shall at no time exceed 30 | ||||||
5 | cultivation center licenses. In determining whether to | ||||||
6 | exercise the authority granted by this subsection, the | ||||||
7 | Commission Department of Agriculture must consider the | ||||||
8 | following factors: | ||||||
9 | (A) The percentage of cannabis sales occurring in | ||||||
10 | Illinois not in the regulated market using data from | ||||||
11 | the Substance Abuse and Mental Health Services | ||||||
12 | Administration, National Survey on Drug Use and | ||||||
13 | Health, Illinois Behavioral Risk Factor Surveillance | ||||||
14 | System, and tourism data from the Illinois Office of | ||||||
15 | Tourism to ascertain total cannabis consumption in | ||||||
16 | Illinois compared to the amount of sales in licensed | ||||||
17 | dispensing organizations; | ||||||
18 | (B) Whether there is an adequate supply of | ||||||
19 | cannabis and cannabis-infused products to serve | ||||||
20 | registered medical cannabis patients; | ||||||
21 | (C) Whether there is an adequate supply of | ||||||
22 | cannabis and cannabis-infused products to serve | ||||||
23 | purchasers; | ||||||
24 | (D) Whether there is an oversupply of cannabis in | ||||||
25 | Illinois leading to trafficking of cannabis to any | ||||||
26 | other state; |
| |||||||
| |||||||
1 | (E) Population increases or shifts; | ||||||
2 | (F) Changes to federal law; | ||||||
3 | (G) Perceived security risks of increasing the | ||||||
4 | number or location of cultivation centers; | ||||||
5 | (H) The past security records of cultivation | ||||||
6 | centers; | ||||||
7 | (I) The Commission's Department of Agriculture's | ||||||
8 | capacity to appropriately regulate additional | ||||||
9 | licensees; | ||||||
10 | (J) The findings and recommendations from the | ||||||
11 | disparity and availability study commissioned by the | ||||||
12 | Illinois Cannabis Regulation Oversight Officer | ||||||
13 | referenced in subsection (e) of Section 5-45 or by the | ||||||
14 | Commission to reduce or eliminate any identified | ||||||
15 | barriers to entry in the cannabis industry; and | ||||||
16 | (K) Any other criteria the Commission Department | ||||||
17 | of Agriculture deems relevant. | ||||||
18 | (2) Modify or change the licensing application process | ||||||
19 | to reduce or eliminate the barriers identified in the | ||||||
20 | disparity and availability study commission by the | ||||||
21 | Illinois Cannabis Regulation Oversight Officer or by the | ||||||
22 | Commission and shall make modifications to remedy evidence | ||||||
23 | of discrimination.
| ||||||
24 | (Source: P.A. 101-27, eff. 6-25-19.) | ||||||
25 | (410 ILCS 705/20-15)
|
| |||||||
| |||||||
1 | Sec. 20-15. Conditional Adult Use Cultivation Center | ||||||
2 | application. | ||||||
3 | (a) If the Commission Department of Agriculture makes | ||||||
4 | available additional cultivation center licenses pursuant to | ||||||
5 | Section 20-5, applicants for a Conditional Adult Use | ||||||
6 | Cultivation Center License shall electronically submit the | ||||||
7 | following in such form as the Commission Department of | ||||||
8 | Agriculture may direct: | ||||||
9 | (1) the nonrefundable application fee set by rule by | ||||||
10 | the Commission Department of Agriculture , to be deposited | ||||||
11 | into the Cannabis Regulation Fund; | ||||||
12 | (2) the legal name of the cultivation center; | ||||||
13 | (3) the proposed physical address of the cultivation | ||||||
14 | center; | ||||||
15 | (4) the name, address, social security number, and | ||||||
16 | date of birth of each principal officer and board member | ||||||
17 | of the cultivation center; each principal officer and | ||||||
18 | board member shall be at least 21 years of age; | ||||||
19 | (5) the details of any administrative or judicial | ||||||
20 | proceeding in which any of the principal officers or board | ||||||
21 | members of the cultivation center (i) pled guilty, were | ||||||
22 | convicted, were fined, or had a registration or license | ||||||
23 | suspended or revoked, or (ii) managed or served on the | ||||||
24 | board of a business or non-profit organization that pled | ||||||
25 | guilty, was convicted, was fined, or had a registration or | ||||||
26 | license suspended or revoked; |
| |||||||
| |||||||
1 | (6) proposed operating bylaws that include procedures | ||||||
2 | for the oversight of the cultivation center, including the | ||||||
3 | development and implementation of a plant monitoring | ||||||
4 | system, accurate recordkeeping, staffing plan, and | ||||||
5 | security plan approved by the Illinois State Police that | ||||||
6 | are in accordance with the rules issued by the Commission | ||||||
7 | Department of Agriculture under this Act. A physical | ||||||
8 | inventory shall be performed of all plants and cannabis on | ||||||
9 | a weekly basis by the cultivation center; | ||||||
10 | (7) verification from the Illinois State Police that | ||||||
11 | all background checks of the prospective principal | ||||||
12 | officers, board members, and agents of the cannabis | ||||||
13 | business establishment have been conducted; | ||||||
14 | (8) a copy of the current local zoning ordinance or | ||||||
15 | permit and verification that the proposed cultivation | ||||||
16 | center is in compliance with the local zoning rules and | ||||||
17 | distance limitations established by the local | ||||||
18 | jurisdiction; | ||||||
19 | (9) proposed employment practices, in which the | ||||||
20 | applicant must demonstrate a plan of action to inform, | ||||||
21 | hire, and educate minorities, women, veterans, and persons | ||||||
22 | with disabilities, engage in fair labor practices, and | ||||||
23 | provide worker protections; | ||||||
24 | (10) whether an applicant can demonstrate experience | ||||||
25 | in or business practices that promote economic empowerment | ||||||
26 | in Disproportionately Impacted Areas; |
| |||||||
| |||||||
1 | (11) experience with the cultivation of agricultural | ||||||
2 | or horticultural products, operating an agriculturally | ||||||
3 | related business, or operating a horticultural business; | ||||||
4 | (12) a description of the enclosed, locked facility | ||||||
5 | where cannabis will be grown, harvested, manufactured, | ||||||
6 | processed, packaged, or otherwise prepared for | ||||||
7 | distribution to a dispensing organization; | ||||||
8 | (13) a survey of the enclosed, locked facility, | ||||||
9 | including the space used for cultivation; | ||||||
10 | (14) cultivation, processing, inventory, and packaging | ||||||
11 | plans; | ||||||
12 | (15) a description of the applicant's experience with | ||||||
13 | agricultural cultivation techniques and industry | ||||||
14 | standards; | ||||||
15 | (16) a list of any academic degrees, certifications, | ||||||
16 | or relevant experience of all prospective principal | ||||||
17 | officers, board members, and agents of the related | ||||||
18 | business; | ||||||
19 | (17) the identity of every person having a financial | ||||||
20 | or voting interest of 5% or greater in the cultivation | ||||||
21 | center operation with respect to which the license is | ||||||
22 | sought, whether a trust, corporation, partnership, limited | ||||||
23 | liability company, or sole proprietorship, including the | ||||||
24 | name and address of each person; | ||||||
25 | (18) a plan describing how the cultivation center will | ||||||
26 | address each of the following: |
| |||||||
| |||||||
1 | (i) energy needs, including estimates of monthly | ||||||
2 | electricity and gas usage, to what extent it will | ||||||
3 | procure energy from a local utility or from on-site | ||||||
4 | generation, and if it has or will adopt a sustainable | ||||||
5 | energy use and energy conservation policy; | ||||||
6 | (ii) water needs, including estimated water draw | ||||||
7 | and if it has or will adopt a sustainable water use and | ||||||
8 | water conservation policy; and | ||||||
9 | (iii) waste management, including if it has or | ||||||
10 | will adopt a waste reduction policy; | ||||||
11 | (19) a diversity plan that includes a narrative of not | ||||||
12 | more than 2,500 words that establishes a goal of diversity | ||||||
13 | in ownership, management, employment, and contracting to | ||||||
14 | ensure that diverse participants and groups are afforded | ||||||
15 | equality of opportunity; | ||||||
16 | (20) any other information required by rule; | ||||||
17 | (21) a recycling plan: | ||||||
18 | (A) Purchaser packaging, including cartridges, | ||||||
19 | shall be accepted by the applicant and recycled. | ||||||
20 | (B) Any recyclable waste generated by the cannabis | ||||||
21 | cultivation facility shall be recycled per applicable | ||||||
22 | State and local laws, ordinances, and rules. | ||||||
23 | (C) Any cannabis waste, liquid waste, or hazardous | ||||||
24 | waste shall be disposed of in accordance with 8 Ill. | ||||||
25 | Adm. Code 1000.460, except, to the greatest extent | ||||||
26 | feasible, all cannabis plant waste will be rendered |
| |||||||
| |||||||
1 | unusable by grinding and incorporating the cannabis | ||||||
2 | plant waste with compostable mixed waste to be | ||||||
3 | disposed of in accordance with 8 Ill. Adm. Code | ||||||
4 | 1000.460(g)(1); | ||||||
5 | (22) commitment to comply with local waste provisions: | ||||||
6 | a cultivation facility must remain in compliance with | ||||||
7 | applicable State and federal environmental requirements, | ||||||
8 | including, but not limited to: | ||||||
9 | (A) storing, securing, and managing all | ||||||
10 | recyclables and waste, including organic waste | ||||||
11 | composed of or containing finished cannabis and | ||||||
12 | cannabis products, in accordance with applicable State | ||||||
13 | and local laws, ordinances, and rules; and | ||||||
14 | (B) disposing liquid waste containing cannabis or | ||||||
15 | byproducts of cannabis processing in compliance with | ||||||
16 | all applicable State and federal requirements, | ||||||
17 | including, but not limited to, the cannabis | ||||||
18 | cultivation facility's permits under Title X of the | ||||||
19 | Environmental Protection Act; and | ||||||
20 | (23) a commitment to a technology standard for | ||||||
21 | resource efficiency of the cultivation center facility. | ||||||
22 | (A) A cannabis cultivation facility commits to use | ||||||
23 | resources efficiently, including energy and water. For | ||||||
24 | the following, a cannabis cultivation facility commits | ||||||
25 | to meet or exceed the technology standard identified | ||||||
26 | in items (i), (ii), (iii), and (iv), which may be |
| |||||||
| |||||||
1 | modified by rule: | ||||||
2 | (i) lighting systems, including light bulbs; | ||||||
3 | (ii) HVAC system; | ||||||
4 | (iii) water application system to the crop; | ||||||
5 | and | ||||||
6 | (iv) filtration system for removing | ||||||
7 | contaminants from wastewater. | ||||||
8 | (B) Lighting. The Lighting Power Densities (LPD) | ||||||
9 | for cultivation space commits to not exceed an average | ||||||
10 | of 36 watts per gross square foot of active and growing | ||||||
11 | space canopy, or all installed lighting technology | ||||||
12 | shall meet a photosynthetic photon efficacy (PPE) of | ||||||
13 | no less than 2.2 micromoles per joule fixture and | ||||||
14 | shall be featured on the DesignLights Consortium (DLC) | ||||||
15 | Horticultural Specification Qualified Products List | ||||||
16 | (QPL). In the event that DLC requirement for minimum | ||||||
17 | efficacy exceeds 2.2 micromoles per joule fixture, | ||||||
18 | that PPE shall become the new standard. | ||||||
19 | (C) HVAC. | ||||||
20 | (i) For cannabis grow operations with less | ||||||
21 | than 6,000 square feet of canopy, the licensee | ||||||
22 | commits that all HVAC units will be | ||||||
23 | high-efficiency ductless split HVAC units, or | ||||||
24 | other more energy efficient equipment. | ||||||
25 | (ii) For cannabis grow operations with 6,000 | ||||||
26 | square feet of canopy or more, the licensee |
| |||||||
| |||||||
1 | commits that all HVAC units will be variable | ||||||
2 | refrigerant flow HVAC units, or other more energy | ||||||
3 | efficient equipment. | ||||||
4 | (D) Water application. | ||||||
5 | (i) The cannabis cultivation facility commits | ||||||
6 | to use automated watering systems, including, but | ||||||
7 | not limited to, drip irrigation and flood tables, | ||||||
8 | to irrigate cannabis crop. | ||||||
9 | (ii) The cannabis cultivation facility commits | ||||||
10 | to measure runoff from watering events and report | ||||||
11 | this volume in its water usage plan, and that on | ||||||
12 | average, watering events shall have no more than | ||||||
13 | 20% of runoff of water. | ||||||
14 | (E) Filtration. The cultivator commits that HVAC | ||||||
15 | condensate, dehumidification water, excess runoff, and | ||||||
16 | other wastewater produced by the cannabis cultivation | ||||||
17 | facility shall be captured and filtered to the best of | ||||||
18 | the facility's ability to achieve the quality needed | ||||||
19 | to be reused in subsequent watering rounds. | ||||||
20 | (F) Reporting energy use and efficiency as | ||||||
21 | required by rule. | ||||||
22 | (b) Applicants must submit all required information, | ||||||
23 | including the information required in Section 20-10, to the | ||||||
24 | Commission Department of Agriculture . Failure by an applicant | ||||||
25 | to submit all required information may result in the | ||||||
26 | application being disqualified. |
| |||||||
| |||||||
1 | (c) If the Commission Department of Agriculture receives | ||||||
2 | an application with missing information, the Commission | ||||||
3 | Department of Agriculture may issue a deficiency notice to the | ||||||
4 | applicant. The applicant shall have 10 calendar days from the | ||||||
5 | date of the deficiency notice to resubmit the incomplete | ||||||
6 | information. Applications that are still incomplete after this | ||||||
7 | opportunity to cure will not be scored and will be | ||||||
8 | disqualified. | ||||||
9 | (e) A cultivation center that is awarded a Conditional | ||||||
10 | Adult Use Cultivation Center License pursuant to the criteria | ||||||
11 | in Section 20-20 shall not grow, purchase, possess, or sell | ||||||
12 | cannabis or cannabis-infused products until the person has | ||||||
13 | received an Adult Use Cultivation Center License issued by the | ||||||
14 | Commission Department of Agriculture pursuant to Section 20-21 | ||||||
15 | of this Act.
| ||||||
16 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; | ||||||
17 | 102-538, eff. 8-20-21.) | ||||||
18 | (410 ILCS 705/20-21)
| ||||||
19 | Sec. 20-21. Adult Use Cultivation Center License. | ||||||
20 | (a) A person or entity is only eligible to receive an Adult | ||||||
21 | Use Cultivation Center License if the person or entity has | ||||||
22 | first been awarded a Conditional Adult Use Cultivation Center | ||||||
23 | License pursuant to this Act or the person or entity has | ||||||
24 | renewed its Early Approval Cultivation Center License pursuant | ||||||
25 | to subsection (c) of Section 20-10. |
| |||||||
| |||||||
1 | (b) The Commission Department of Agriculture shall not | ||||||
2 | issue an Adult Use Cultivation Center License until: | ||||||
3 | (1) the Commission Department of Agriculture has | ||||||
4 | inspected the cultivation center site and proposed | ||||||
5 | operations and verified that they are in compliance with | ||||||
6 | this Act and local zoning laws; | ||||||
7 | (2) the Conditional Adult Use Cultivation Center | ||||||
8 | License holder has paid a registration fee in an amount | ||||||
9 | set by rule of $100,000 or a prorated amount accounting | ||||||
10 | for the difference of time between when the Adult Use | ||||||
11 | Cultivation Center License is issued and March 31 of the | ||||||
12 | next even-numbered year; and | ||||||
13 | (3) The Conditional Adult Use Cultivation Center | ||||||
14 | License holder has met all the requirements in the Act and | ||||||
15 | rules.
| ||||||
16 | (Source: P.A. 101-27, eff. 6-25-19.) | ||||||
17 | (410 ILCS 705/20-30)
| ||||||
18 | Sec. 20-30. Cultivation center requirements; prohibitions. | ||||||
19 | (a) The operating documents of a cultivation center shall | ||||||
20 | include procedures for the oversight of the cultivation | ||||||
21 | center , a cannabis plant monitoring system including a | ||||||
22 | physical inventory recorded weekly, accurate recordkeeping, | ||||||
23 | and a staffing plan. | ||||||
24 | (b) A cultivation center shall implement a security plan | ||||||
25 | reviewed by the Illinois State Police that includes, but is |
| |||||||
| |||||||
1 | not limited to: facility access controls, perimeter intrusion | ||||||
2 | detection systems, personnel identification systems, 24-hour | ||||||
3 | surveillance system to monitor the interior and exterior of | ||||||
4 | the cultivation center facility and accessibility to | ||||||
5 | authorized law enforcement and the Commission , the Department | ||||||
6 | of Public Health where processing takes place, and the | ||||||
7 | Department of Agriculture in real time. | ||||||
8 | (c) All cultivation of cannabis by a cultivation center | ||||||
9 | must take place in an enclosed, locked facility at the | ||||||
10 | physical address provided to the Commission Department of | ||||||
11 | Agriculture during the licensing process. The cultivation | ||||||
12 | center location shall only be accessed by the agents working | ||||||
13 | for the cultivation center, the Commission Department of | ||||||
14 | Agriculture staff performing inspections, the Department of | ||||||
15 | Public Health staff performing inspections, local and State | ||||||
16 | law enforcement or other emergency personnel, contractors | ||||||
17 | working on jobs unrelated to cannabis, such as installing or | ||||||
18 | maintaining security devices or performing electrical wiring, | ||||||
19 | transporting organization agents as provided in this Act, | ||||||
20 | individuals in a mentoring or educational program approved by | ||||||
21 | the State, or other individuals as provided by rule. | ||||||
22 | (d) A cultivation center may not sell or distribute any | ||||||
23 | cannabis or cannabis-infused products to any person other than | ||||||
24 | a dispensing organization, craft grower, infuser organization, | ||||||
25 | transporter, or as otherwise authorized by rule. | ||||||
26 | (e) A cultivation center may not either directly or |
| |||||||
| |||||||
1 | indirectly discriminate in price between different dispensing | ||||||
2 | organizations, craft growers, or infuser organizations that | ||||||
3 | are purchasing a like grade, strain, brand, and quality of | ||||||
4 | cannabis or cannabis-infused product. Nothing in this | ||||||
5 | subsection (e) prevents a cultivation center from pricing | ||||||
6 | cannabis differently based on differences in the cost of | ||||||
7 | manufacturing or processing, the quantities sold, such as | ||||||
8 | volume discounts, or the way the products are delivered. | ||||||
9 | (f) All cannabis harvested by a cultivation center and | ||||||
10 | intended for distribution to a dispensing organization must be | ||||||
11 | entered into a data collection system, packaged and labeled | ||||||
12 | under Section 55-21, and placed into a cannabis container for | ||||||
13 | transport. All cannabis harvested by a cultivation center and | ||||||
14 | intended for distribution to a craft grower or infuser | ||||||
15 | organization must be packaged in a labeled cannabis container | ||||||
16 | and entered into a data collection system before transport. | ||||||
17 | (g) Cultivation centers are subject to random inspections | ||||||
18 | by the Commission Department of Agriculture , the Department of | ||||||
19 | Public Health, local safety or health inspectors, the Illinois | ||||||
20 | State Police, or as provided by rule. | ||||||
21 | (h) A cultivation center agent shall notify local law | ||||||
22 | enforcement, the Illinois State Police, and the Commission | ||||||
23 | Department of Agriculture within 24 hours of the discovery of | ||||||
24 | any loss or theft. Notification shall be made by phone or in | ||||||
25 | person, or by written or electronic communication. | ||||||
26 | (i) A cultivation center shall comply with all State and |
| |||||||
| |||||||
1 | any applicable federal rules and regulations regarding the use | ||||||
2 | of pesticides on cannabis plants. | ||||||
3 | (j) No person or entity shall hold any legal, equitable, | ||||||
4 | ownership, or beneficial interest, directly or indirectly, of | ||||||
5 | more than 3 cultivation centers licensed under this Article. | ||||||
6 | Further, no person or entity that is employed by, an agent of, | ||||||
7 | has a contract to receive payment in any form from a | ||||||
8 | cultivation center, is a principal officer of a cultivation | ||||||
9 | center, or entity controlled by or affiliated with a principal | ||||||
10 | officer of a cultivation shall hold any legal, equitable, | ||||||
11 | ownership, or beneficial interest, directly or indirectly, in | ||||||
12 | a cultivation that would result in the person or entity owning | ||||||
13 | or controlling in combination with any cultivation center, | ||||||
14 | principal officer of a cultivation center, or entity | ||||||
15 | controlled or affiliated with a principal officer of a | ||||||
16 | cultivation center by which he, she, or it is employed, is an | ||||||
17 | agent of, or participates in the management of, more than 3 | ||||||
18 | cultivation center licenses. | ||||||
19 | (k) A cultivation center may not contain more than 210,000 | ||||||
20 | square feet of canopy space for plants in the flowering stage | ||||||
21 | for cultivation of adult use cannabis as provided in this Act. | ||||||
22 | (l) A cultivation center may process cannabis, cannabis | ||||||
23 | concentrates, and cannabis-infused products. | ||||||
24 | (m) Beginning July 1, 2020, a cultivation center shall not | ||||||
25 | transport cannabis or cannabis-infused products to a craft | ||||||
26 | grower, dispensing organization, infuser organization, or |
| |||||||
| |||||||
1 | laboratory licensed under this Act, unless it has obtained a | ||||||
2 | transporting organization license. | ||||||
3 | (n) It is unlawful for any person having a cultivation | ||||||
4 | center license or any officer, associate, member, | ||||||
5 | representative, or agent of such licensee to offer or deliver | ||||||
6 | money, or anything else of value, directly or indirectly to | ||||||
7 | any person having an Early Approval Adult Use Dispensing | ||||||
8 | Organization License, a Conditional Adult Use Dispensing | ||||||
9 | Organization License, an Adult Use Dispensing Organization | ||||||
10 | License, or a medical cannabis dispensing organization license | ||||||
11 | issued under the Compassionate Use of Medical Cannabis Program | ||||||
12 | Act , or to any person connected with or in any way | ||||||
13 | representing, or to any member of the family of, such person | ||||||
14 | holding an Early Approval Adult Use Dispensing Organization | ||||||
15 | License, a Conditional Adult Use Dispensing Organization | ||||||
16 | License, an Adult Use Dispensing Organization License, or a | ||||||
17 | medical cannabis dispensing organization license issued under | ||||||
18 | the Compassionate Use of Medical Cannabis Program Act , or to | ||||||
19 | any stockholders in any corporation engaged in the retail sale | ||||||
20 | of cannabis, or to any officer, manager, agent, or | ||||||
21 | representative of the Early Approval Adult Use Dispensing | ||||||
22 | Organization License, a Conditional Adult Use Dispensing | ||||||
23 | Organization License, an Adult Use Dispensing Organization | ||||||
24 | License, or a medical cannabis dispensing organization license | ||||||
25 | issued under the Compassionate Use of Medical Cannabis Program | ||||||
26 | Act to obtain preferential placement within the dispensing |
| |||||||
| |||||||
1 | organization, including, without limitation, on shelves and in | ||||||
2 | display cases where purchasers can view products, or on the | ||||||
3 | dispensing organization's website. | ||||||
4 | (o) A cultivation center must comply with any other | ||||||
5 | requirements or prohibitions set by administrative rule of the | ||||||
6 | Commission Department of Agriculture .
| ||||||
7 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; | ||||||
8 | 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; revised 11-9-21.) | ||||||
9 | (410 ILCS 705/20-55) | ||||||
10 | Sec. 20-55. Disclosure of ownership and control. | ||||||
11 | (a) Each Adult Use Cultivation Center applicant and | ||||||
12 | license holder shall file and maintain a Table of | ||||||
13 | Organization, Ownership, and Control with the Commission | ||||||
14 | Department . The Table of Organization, Ownership, and Control | ||||||
15 | shall contain the information required by this Section in | ||||||
16 | sufficient detail to identify all owners, directors, and | ||||||
17 | principal officers, and the title of each principal officer or | ||||||
18 | business entity that, through direct or indirect means, | ||||||
19 | manages, owns, or controls the applicant or license holder. | ||||||
20 | (b) The Table of Organization, Ownership, and Control | ||||||
21 | shall identify the following information: | ||||||
22 | (1) The management structure, ownership, and control
| ||||||
23 | of the applicant or license holder including the name of | ||||||
24 | each principal officer or business entity, the office or | ||||||
25 | position held, and the percentage ownership interest, if |
| |||||||
| |||||||
1 | any. If the business entity has a parent company, the name | ||||||
2 | of each owner, board member, and officer of the parent | ||||||
3 | company and his or her percentage ownership interest in | ||||||
4 | the parent company and the Adult Use Cultivation Center. | ||||||
5 | (2) If the applicant or licensee is a business entity
| ||||||
6 | with publicly traded stock, the identification of | ||||||
7 | ownership shall be provided as required in subsection (c). | ||||||
8 | (c) If a business entity identified in subsection (b) is a | ||||||
9 | publicly traded company, the following information shall be | ||||||
10 | provided in the Table of Organization, Ownership, and Control: | ||||||
11 | (1) The name and percentage of ownership interest of | ||||||
12 | each individual or business entity with ownership of more | ||||||
13 | than 5% of the voting shares of the entity, to the extent | ||||||
14 | such information is known or contained in 13D or 13G | ||||||
15 | Securities and Exchange Commission filings. | ||||||
16 | (2) To the extent known, the names and percentage of
| ||||||
17 | interest of ownership of persons who are relatives of one | ||||||
18 | another and who together exercise control over or own more | ||||||
19 | than 10% of the voting shares of the entity. | ||||||
20 | (d) An Adult Use Cultivation Center with a parent company | ||||||
21 | or companies, or partially owned or controlled by another | ||||||
22 | entity must disclose to the Commission Department the | ||||||
23 | relationship and all owners, board members, officers, or | ||||||
24 | individuals with control or management of those entities. An | ||||||
25 | Adult Use Cultivation Center shall not shield its ownership or | ||||||
26 | control from the Department. |
| |||||||
| |||||||
1 | (e) All principal officers must submit a complete online | ||||||
2 | application with the Commission Department within 14 days of | ||||||
3 | the Adult Use Cultivation Center being licensed by the | ||||||
4 | Commission Department or within 14 days of Commission | ||||||
5 | Department notice of approval as a new principal officer. | ||||||
6 | (f) A principal officer may not allow his or her | ||||||
7 | registration to expire. | ||||||
8 | (g) An Adult Use Cultivation Center separating with a | ||||||
9 | principal officer must do so under this Act. The principal | ||||||
10 | officer must communicate the separation to the Commission | ||||||
11 | Department within 5 business days. | ||||||
12 | (h) A principal officer not in compliance with the | ||||||
13 | requirements of this Act shall be removed from his or her | ||||||
14 | position with the Adult Use Cultivation Center or shall | ||||||
15 | otherwise terminate his or her affiliation. Failure to do so | ||||||
16 | may subject the Adult Use Cultivation Center to discipline, | ||||||
17 | suspension, or revocation of its license by the Commission | ||||||
18 | Department . | ||||||
19 | (i) It is the responsibility of the Adult Use Cultivation | ||||||
20 | Center and its principal officers to promptly notify the | ||||||
21 | Commission Department of any change of the principal place of | ||||||
22 | business address, hours of operation, change in ownership or | ||||||
23 | control, or a change of the Adult Use Cultivation Center's | ||||||
24 | primary or secondary contact information. Any changes must be | ||||||
25 | made to the Commission Department in writing.
| ||||||
26 | (Source: P.A. 102-98, eff. 7-15-21.) |
| |||||||
| |||||||
1 | (410 ILCS 705/25-1) | ||||||
2 | (Section scheduled to be repealed on July 1, 2026)
| ||||||
3 | Sec. 25-1. Definitions. In this Article: | ||||||
4 | "Board" means the Illinois Community College Board. | ||||||
5 | "Career in Cannabis Certificate" or "Certificate" means | ||||||
6 | the certification awarded to a community college student who | ||||||
7 | completes a prescribed course of study in cannabis and | ||||||
8 | cannabis business industry related classes and curriculum at a | ||||||
9 | community college awarded a Community College Cannabis | ||||||
10 | Vocational Pilot Program license. | ||||||
11 | "Commission" means the Cannabis Equity and Oversight | ||||||
12 | Commission. | ||||||
13 | "Community college" means a public community college | ||||||
14 | organized under the Public Community College Act. | ||||||
15 | "Department" means the Department of Agriculture. | ||||||
16 | "Licensee" means a community college awarded a Community | ||||||
17 | College Cannabis Vocational Pilot Program license under this | ||||||
18 | Article. | ||||||
19 | "Program" means the Community College Cannabis Vocational | ||||||
20 | Pilot Program. | ||||||
21 | "Program license" means a Community College Cannabis | ||||||
22 | Vocational Pilot Program license issued to a community college | ||||||
23 | under this Article.
| ||||||
24 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) |
| |||||||
| |||||||
1 | (410 ILCS 705/25-5) | ||||||
2 | (Section scheduled to be repealed on July 1, 2026)
| ||||||
3 | Sec. 25-5. Administration. | ||||||
4 | (a) The Commission Department shall establish and | ||||||
5 | administer the Program in coordination with the Illinois | ||||||
6 | Community College Board. The Commission Department may issue | ||||||
7 | Program licenses to applicants that meet the requirements | ||||||
8 | outlined in this Article. | ||||||
9 | (b) Beginning with the 2021-2022 academic year, and | ||||||
10 | subject to subsection (h) of Section 2-12 of the Public | ||||||
11 | Community College Act, community colleges awarded Program | ||||||
12 | licenses may offer qualifying students a Career in Cannabis | ||||||
13 | Certificate, which includes, but is not limited to, courses | ||||||
14 | that allow participating students to work with, study, and | ||||||
15 | grow live cannabis plants so as to prepare students for a | ||||||
16 | career in the legal cannabis industry, and to instruct | ||||||
17 | participating students on the best business practices, | ||||||
18 | professional responsibility, and legal compliance of the | ||||||
19 | cannabis business industry. | ||||||
20 | (c) The Board may issue rules pertaining to the provisions | ||||||
21 | in this Act. | ||||||
22 | (d) Notwithstanding any other provision of this Act, | ||||||
23 | students shall be at least 18 years old in order to enroll in a | ||||||
24 | licensee's Career in Cannabis Certificate's prescribed course | ||||||
25 | of study.
| ||||||
26 | (Source: P.A. 101-27, eff. 6-25-19; 102-98, eff. 7-15-21.) |
| |||||||
| |||||||
1 | (410 ILCS 705/25-10) | ||||||
2 | (Section scheduled to be repealed on July 1, 2026)
| ||||||
3 | Sec. 25-10. Issuance of Community College Cannabis | ||||||
4 | Vocational Pilot Program licenses. | ||||||
5 | (a) The Commission Department shall issue rules regulating | ||||||
6 | the selection criteria for applicants by January 1, 2020. The | ||||||
7 | Commission Department shall make the application for a Program | ||||||
8 | license available no later than February 1, 2020, and shall | ||||||
9 | require that applicants submit the completed application no | ||||||
10 | later than July 1, 2020. If the Commission Department issues | ||||||
11 | fewer than 8 Program licenses by September 1, 2020, the | ||||||
12 | Commission Department may accept applications at a future date | ||||||
13 | as prescribed by rule. | ||||||
14 | (b) The Commission Department shall by rule develop a | ||||||
15 | system to score Program licenses to administratively rank | ||||||
16 | applications based on the clarity, organization, and quality | ||||||
17 | of the applicant's responses to required information. | ||||||
18 | Applicants shall be awarded points that are based on or that | ||||||
19 | meet the following categories: | ||||||
20 | (1) Geographic diversity of the applicants; | ||||||
21 | (2) Experience and credentials of the applicant's | ||||||
22 | faculty; | ||||||
23 | (3) At least 5 Program license awardees must have a | ||||||
24 | student population that is more than 50% low-income in | ||||||
25 | each of the past 4 years; |
| |||||||
| |||||||
1 | (4) Security plan, including a requirement that all | ||||||
2 | cannabis plants be in an enclosed, locked facility; | ||||||
3 | (5) Curriculum plan, including processing and testing | ||||||
4 | curriculum for the Career in Cannabis Certificate; | ||||||
5 | (6) Career advising and placement plan for | ||||||
6 | participating students; and | ||||||
7 | (7) Any other criteria the Commission Department may | ||||||
8 | set by rule.
| ||||||
9 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) | ||||||
10 | (410 ILCS 705/25-15) | ||||||
11 | (Section scheduled to be repealed on July 1, 2026)
| ||||||
12 | Sec. 25-15. Community College Cannabis Vocational Pilot | ||||||
13 | Program requirements and prohibitions. | ||||||
14 | (a) Licensees shall not have more than 50 flowering | ||||||
15 | cannabis plants at any one time. | ||||||
16 | (b) The agent-in-charge shall keep a vault log of the | ||||||
17 | licensee's enclosed, locked facility or facilities, including | ||||||
18 | but not limited to, the person entering the site location, the | ||||||
19 | time of entrance, the time of exit, and any other information | ||||||
20 | the Commission Department may set by rule. | ||||||
21 | (c) Cannabis shall not be removed from the licensee's | ||||||
22 | facility, except for the limited purpose of shipping a sample | ||||||
23 | to a laboratory registered under this Act. | ||||||
24 | (d) The licensee shall limit keys, access cards, or an | ||||||
25 | access code to the licensee's enclosed, locked facility, or |
| |||||||
| |||||||
1 | facilities, to cannabis curriculum faculty and college | ||||||
2 | security personnel with a bona fide need to access the | ||||||
3 | facility for emergency purposes. | ||||||
4 | (e) A transporting organization may transport cannabis | ||||||
5 | produced pursuant to this Article to a laboratory registered | ||||||
6 | under this Act. All other cannabis produced by the licensee | ||||||
7 | that was not shipped to a registered laboratory shall be | ||||||
8 | destroyed within 5 weeks of being harvested. | ||||||
9 | (f) Licensees shall subscribe to the Commission Department | ||||||
10 | of Agriculture's cannabis plant monitoring system. | ||||||
11 | (g) Licensees shall maintain a weekly inventory system. | ||||||
12 | (h) No student participating in the cannabis curriculum | ||||||
13 | necessary to obtain a Certificate may be in the licensee's | ||||||
14 | facility unless a faculty agent-in-charge is also physically | ||||||
15 | present in the facility. | ||||||
16 | (i) Licensees shall conduct post-certificate follow up | ||||||
17 | surveys and record participating students' job placements | ||||||
18 | within the cannabis business industry within a year of the | ||||||
19 | student's completion. | ||||||
20 | (j) The Illinois Community College Board shall report | ||||||
21 | annually to the Commission Department on the race, ethnicity, | ||||||
22 | and gender of all students participating in the cannabis | ||||||
23 | curriculum necessary to obtain a Certificate, and of those | ||||||
24 | students who obtain a Certificate.
| ||||||
25 | (Source: P.A. 101-27, eff. 6-25-19.) |
| |||||||
| |||||||
1 | (410 ILCS 705/25-25) | ||||||
2 | (Section scheduled to be repealed on July 1, 2026)
| ||||||
3 | Sec. 25-25. Enforcement. | ||||||
4 | (a) The Commission Department has the authority to suspend | ||||||
5 | or revoke any faculty agent-in-charge or agent identification | ||||||
6 | card for any violation found under this Article. | ||||||
7 | (b) The Commission Department has the authority to suspend | ||||||
8 | or revoke any Program license for any violation found under | ||||||
9 | this Article. | ||||||
10 | (c) The Board shall revoke the authority to offer the | ||||||
11 | Certificate of any community college that has had its license | ||||||
12 | revoked by the Commission Department .
| ||||||
13 | (Source: P.A. 101-27, eff. 6-25-19.) | ||||||
14 | (410 ILCS 705/25-30) | ||||||
15 | (Section scheduled to be repealed on July 1, 2026)
| ||||||
16 | Sec. 25-30. Inspection rights. | ||||||
17 | (a) A licensee's enclosed, locked facilities are subject | ||||||
18 | to random inspections by the Commission Department , the | ||||||
19 | Illinois State Police, or as provided by rule. | ||||||
20 | (b) Nothing in this Section shall be construed to give the | ||||||
21 | Commission Department , the Illinois State Police, or any other | ||||||
22 | entity identified by rule under subsection (a) a right of | ||||||
23 | inspection or access to any location on the licensee's | ||||||
24 | premises beyond the facilities licensed under this Article.
| ||||||
25 | (Source: P.A. 101-27, eff. 6-25-19; 102-98, eff. 7-15-21; |
| |||||||
| |||||||
1 | 102-538, eff. 8-20-21; revised 10-21-21.) | ||||||
2 | (410 ILCS 705/25-35) | ||||||
3 | (Section scheduled to be repealed on July 1, 2026)
| ||||||
4 | Sec. 25-35. Community College Cannabis Vocational Training | ||||||
5 | Pilot Program faculty participant agent identification card. | ||||||
6 | (a) The Commission Department shall: | ||||||
7 | (1) establish by rule the information required in an | ||||||
8 | initial application or renewal application for an agent | ||||||
9 | identification card submitted under this Article and the | ||||||
10 | nonrefundable fee to accompany the initial application or | ||||||
11 | renewal application; | ||||||
12 | (2) verify the information contained in an initial | ||||||
13 | application or renewal application for an agent | ||||||
14 | identification card submitted under this Article, and | ||||||
15 | approve or deny an application within 30 days of receiving | ||||||
16 | a completed initial application or renewal application and | ||||||
17 | all supporting documentation required by rule; | ||||||
18 | (3) issue an agent identification card to a qualifying | ||||||
19 | agent within 15 business days of approving the initial | ||||||
20 | application or renewal application; | ||||||
21 | (4) enter the license number of the community college | ||||||
22 | where the agent works; and | ||||||
23 | (5) allow for an electronic initial application and | ||||||
24 | renewal application process, and provide a confirmation by | ||||||
25 | electronic or other methods that an application has been |
| |||||||
| |||||||
1 | submitted. The Commission Each Department may by rule | ||||||
2 | require prospective agents to file their applications by | ||||||
3 | electronic means and to provide notices to the agents by | ||||||
4 | electronic means. | ||||||
5 | (b) An agent must keep his or her identification card | ||||||
6 | visible at all times when in the enclosed, locked facility, or | ||||||
7 | facilities for which he or she is an agent. | ||||||
8 | (c) The agent identification cards shall contain the | ||||||
9 | following: | ||||||
10 | (1) the name of the cardholder; | ||||||
11 | (2) the date of issuance and expiration date of the | ||||||
12 | identification card; | ||||||
13 | (3) a random 10-digit alphanumeric identification | ||||||
14 | number containing at least 4 numbers and at least 4 | ||||||
15 | letters that is unique to the holder; | ||||||
16 | (4) a photograph of the cardholder; and | ||||||
17 | (5) the legal name of the community college employing | ||||||
18 | the agent. | ||||||
19 | (d) An agent identification card shall be immediately | ||||||
20 | returned to the community college of the agent upon | ||||||
21 | termination of his or her employment. | ||||||
22 | (e) Any agent identification card lost shall be reported | ||||||
23 | to the Illinois State Police and the Commission Department of | ||||||
24 | Agriculture immediately upon discovery of the loss. | ||||||
25 | (f) An agent applicant may begin employment at a Community | ||||||
26 | College Cannabis Vocational Training Pilot Program while the |
| |||||||
| |||||||
1 | agent applicant's identification card application is pending. | ||||||
2 | Upon approval, the Commission Department shall issue the | ||||||
3 | agent's identification card to the agent. If denied, the | ||||||
4 | Community College Cannabis Vocational Training Pilot Program | ||||||
5 | and the agent applicant shall be notified and the agent | ||||||
6 | applicant must cease all activity at the Community College | ||||||
7 | Cannabis Vocational Training Pilot Program immediately.
| ||||||
8 | (Source: P.A. 101-27, eff. 6-25-19; 102-98, eff. 7-15-21; | ||||||
9 | 102-538, eff. 8-20-21; revised 10-21-21.) | ||||||
10 | (410 ILCS 705/25-40) | ||||||
11 | (Section scheduled to be repealed on July 1, 2026)
| ||||||
12 | Sec. 25-40. Study. By December 31, 2025, the Commission | ||||||
13 | Illinois Cannabis Regulation Oversight Officer , in | ||||||
14 | coordination with the Board, must issue a report to the | ||||||
15 | Governor and the General Assembly which includes, but is not | ||||||
16 | limited to, the following: | ||||||
17 | (1) Number of security incidents or infractions at | ||||||
18 | each licensee and any action taken or not taken; | ||||||
19 | (2) Statistics, based on race, ethnicity, gender, and | ||||||
20 | participating community college of: | ||||||
21 | (A) students enrolled in career in cannabis | ||||||
22 | classes; | ||||||
23 | (B) successful completion rates by community | ||||||
24 | college students for the Certificate; | ||||||
25 | (C) postgraduate job placement of students who |
| |||||||
| |||||||
1 | obtained a Certificate, including both cannabis | ||||||
2 | business establishment jobs and non-cannabis business | ||||||
3 | establishment jobs; and | ||||||
4 | (3) Any other relevant information.
| ||||||
5 | (Source: P.A. 101-27, eff. 6-25-19.) | ||||||
6 | (410 ILCS 705/30-3)
| ||||||
7 | Sec. 30-3. Definition. In this Article, "Commission" means | ||||||
8 | the Cannabis Equity and Oversight Commission. | ||||||
9 | "Department" means the Department of Agriculture.
| ||||||
10 | (Source: P.A. 101-27, eff. 6-25-19.) | ||||||
11 | (410 ILCS 705/30-5)
| ||||||
12 | Sec. 30-5. Issuance of licenses. | ||||||
13 | (a) The Commission Department of Agriculture shall issue | ||||||
14 | up to 40 craft grower licenses by July 1, 2020. Any person or | ||||||
15 | entity awarded a license pursuant to this subsection shall | ||||||
16 | only hold one craft grower license and may not sell that | ||||||
17 | license until after December 21, 2021. | ||||||
18 | (b) By December 21, 2021, the Commission Department of | ||||||
19 | Agriculture shall issue up to 60 additional craft grower | ||||||
20 | licenses. Any person or entity awarded a license pursuant to | ||||||
21 | this subsection shall not hold more than 2 craft grower | ||||||
22 | licenses. The person or entity awarded a license pursuant to | ||||||
23 | this subsection or subsection (a) of this Section may sell its | ||||||
24 | craft grower license subject to the restrictions of this Act |
| |||||||
| |||||||
1 | or as determined by administrative rule. Prior to issuing such | ||||||
2 | licenses, the Commission Department may adopt rules through | ||||||
3 | emergency rulemaking in accordance with subsection (kk) of | ||||||
4 | Section 5-45 of the Illinois Administrative Procedure Act, to | ||||||
5 | modify or raise the number of craft grower licenses and modify | ||||||
6 | or change the licensing application process. The General | ||||||
7 | Assembly finds that the adoption of rules to regulate cannabis | ||||||
8 | use is deemed an emergency and necessary for the public | ||||||
9 | interest, safety, and welfare. In determining whether to | ||||||
10 | exercise the authority granted by this subsection, the | ||||||
11 | Commission Department of Agriculture must consider the | ||||||
12 | following factors: | ||||||
13 | (1) the percentage of cannabis sales occurring in | ||||||
14 | Illinois not in the regulated market using data from the | ||||||
15 | Substance Abuse and Mental Health Services Administration, | ||||||
16 | National Survey on Drug Use and Health, Illinois | ||||||
17 | Behavioral Risk Factor Surveillance System, and tourism | ||||||
18 | data from the Illinois Office of Tourism to ascertain | ||||||
19 | total cannabis consumption in Illinois compared to the | ||||||
20 | amount of sales in licensed dispensing organizations; | ||||||
21 | (2) whether there is an adequate supply of cannabis | ||||||
22 | and cannabis-infused products to serve registered medical | ||||||
23 | cannabis patients; | ||||||
24 | (3) whether there is an adequate supply of cannabis | ||||||
25 | and cannabis-infused products to serve purchasers; | ||||||
26 | (4) whether there is an oversupply of cannabis in |
| |||||||
| |||||||
1 | Illinois leading to trafficking of cannabis to states | ||||||
2 | where the sale of cannabis is not permitted by law; | ||||||
3 | (5) population increases or shifts; | ||||||
4 | (6) the density of craft growers in any area of the | ||||||
5 | State; | ||||||
6 | (7) perceived security risks of increasing the number | ||||||
7 | or location of craft growers; | ||||||
8 | (8) the past safety record of craft growers; | ||||||
9 | (9) the Commission's Department of Agriculture's | ||||||
10 | capacity to appropriately regulate additional licensees; | ||||||
11 | (10) (blank); and | ||||||
12 | (11) any other criteria the Commission Department of | ||||||
13 | Agriculture deems relevant. | ||||||
14 | (c) After January 1, 2022, the Commission Department of | ||||||
15 | Agriculture may by rule modify or raise the number of craft | ||||||
16 | grower licenses and modify or change the licensing application | ||||||
17 | process. At no time may the number of craft grower licenses | ||||||
18 | exceed 150. Any person or entity awarded a license pursuant to | ||||||
19 | this subsection shall not hold more than 3 craft grower | ||||||
20 | licenses. A person or entity awarded a license pursuant to | ||||||
21 | this subsection or subsection (a) or subsection (b) of this | ||||||
22 | Section may sell its craft grower license or licenses subject | ||||||
23 | to the restrictions of this Act or as determined by | ||||||
24 | administrative rule.
| ||||||
25 | (d) Upon the completion of the disparity and availability | ||||||
26 | study pertaining to craft growers the Commission by the |
| |||||||
| |||||||
1 | Cannabis Regulation Oversight Officer pursuant to subsection | ||||||
2 | (e) of Section 5-45, the Department may modify or change the | ||||||
3 | licensing application process to reduce or eliminate barriers | ||||||
4 | from and remedy evidence of discrimination identified in the | ||||||
5 | disparity and availability study. | ||||||
6 | (e) Notwithstanding any other provision of law, the | ||||||
7 | Commission shall have authority over licenses in this Section | ||||||
8 | that may be in various phases in the licensing process or are | ||||||
9 | eligible, pending, in the conditional phase, awarded, pending | ||||||
10 | adjudication by a judicial process, or have otherwise not been | ||||||
11 | awarded on and after July 1, 2022. | ||||||
12 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; | ||||||
13 | 102-98, eff. 7-15-21.) | ||||||
14 | (410 ILCS 705/30-10)
| ||||||
15 | Sec. 30-10. Application. | ||||||
16 | (a) When applying for a license, the applicant shall | ||||||
17 | electronically submit the following in such form as the | ||||||
18 | Commission Department of Agriculture may direct: | ||||||
19 | (1) the nonrefundable application fee as set by rule | ||||||
20 | by the Commission of $5,000 to be deposited into the | ||||||
21 | Cannabis Regulation Fund , or another amount as the | ||||||
22 | Department of Agriculture may set by rule after January 1, | ||||||
23 | 2021 ; | ||||||
24 | (2) the legal name of the craft grower; | ||||||
25 | (3) the proposed physical address of the craft grower; |
| |||||||
| |||||||
1 | (4) the name, address, social security number, and | ||||||
2 | date of birth of each principal officer and board member | ||||||
3 | of the craft grower; each principal officer and board | ||||||
4 | member shall be at least 21 years of age; | ||||||
5 | (5) the details of any administrative or judicial | ||||||
6 | proceeding in which any of the principal officers or board | ||||||
7 | members of the craft grower (i) pled guilty, were | ||||||
8 | convicted, were fined, or had a registration or license | ||||||
9 | suspended or revoked or (ii) managed or served on the | ||||||
10 | board of a business or non-profit organization that pled | ||||||
11 | guilty, was convicted, was fined, or had a registration or | ||||||
12 | license suspended or revoked; | ||||||
13 | (6) proposed operating bylaws that include procedures | ||||||
14 | for the oversight of the craft grower, including the | ||||||
15 | development and implementation of a plant monitoring | ||||||
16 | system, accurate recordkeeping, staffing plan, and | ||||||
17 | security plan approved by the Illinois State Police that | ||||||
18 | are in accordance with the rules issued by the Commission | ||||||
19 | Department of Agriculture under this Act; a physical | ||||||
20 | inventory shall be performed of all plants and on a weekly | ||||||
21 | basis by the craft grower; | ||||||
22 | (7) verification from the Illinois State Police that | ||||||
23 | all background checks of the prospective principal | ||||||
24 | officers, board members, and agents of the cannabis | ||||||
25 | business establishment have been conducted; | ||||||
26 | (8) a copy of the current local zoning ordinance or |
| |||||||
| |||||||
1 | permit and verification that the proposed craft grower is | ||||||
2 | in compliance with the local zoning rules and distance | ||||||
3 | limitations established by the local jurisdiction; | ||||||
4 | (9) proposed employment practices, in which the | ||||||
5 | applicant must demonstrate a plan of action to inform, | ||||||
6 | hire, and educate minorities, women, veterans, and persons | ||||||
7 | with disabilities, engage in fair labor practices, and | ||||||
8 | provide worker protections; | ||||||
9 | (10) whether an applicant can demonstrate experience | ||||||
10 | in or business practices that promote economic empowerment | ||||||
11 | in Disproportionately Impacted Areas; | ||||||
12 | (11) experience with the cultivation of agricultural | ||||||
13 | or horticultural products, operating an agriculturally | ||||||
14 | related business, or operating a horticultural business; | ||||||
15 | (12) a description of the enclosed, locked facility | ||||||
16 | where cannabis will be grown, harvested, manufactured, | ||||||
17 | packaged, or otherwise prepared for distribution to a | ||||||
18 | dispensing organization or other cannabis business | ||||||
19 | establishment; | ||||||
20 | (13) a survey of the enclosed, locked facility, | ||||||
21 | including the space used for cultivation; | ||||||
22 | (14) cultivation, processing, inventory, and packaging | ||||||
23 | plans; | ||||||
24 | (15) a description of the applicant's experience with | ||||||
25 | agricultural cultivation techniques and industry | ||||||
26 | standards; |
| |||||||
| |||||||
1 | (16) a list of any academic degrees, certifications, | ||||||
2 | or relevant experience of all prospective principal | ||||||
3 | officers, board members, and agents of the related | ||||||
4 | business; | ||||||
5 | (17) the identity of every person having a financial | ||||||
6 | or 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 | ||||||
21 | will 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 |
| |||||||
| |||||||
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 | ||||||
8 | disposed of in accordance with 8 Ill. Adm. Code | ||||||
9 | 1000.460(g)(1); | ||||||
10 | (20) a commitment to comply with local waste | ||||||
11 | provisions: a craft grower facility must remain in | ||||||
12 | compliance with applicable State and federal environmental | ||||||
13 | requirements, including, but not limited to: | ||||||
14 | (A) storing, securing, and managing all | ||||||
15 | recyclables and waste, including organic waste | ||||||
16 | composed of or containing finished cannabis and | ||||||
17 | cannabis products, in accordance with applicable State | ||||||
18 | and local laws, ordinances, and rules; and | ||||||
19 | (B) disposing liquid waste containing cannabis or | ||||||
20 | byproducts of cannabis processing in compliance with | ||||||
21 | all applicable State and federal requirements, | ||||||
22 | including, but not limited to, the cannabis | ||||||
23 | cultivation facility's permits under Title X of the | ||||||
24 | Environmental Protection Act; | ||||||
25 | (21) a commitment to a technology standard for | ||||||
26 | resource efficiency of the craft grower facility. |
| |||||||
| |||||||
1 | (A) A craft grower facility commits to use | ||||||
2 | resources efficiently, including energy and water. For | ||||||
3 | the following, a cannabis cultivation facility commits | ||||||
4 | to meet or exceed the technology standard identified | ||||||
5 | in paragraphs (i), (ii), (iii), and (iv), which may be | ||||||
6 | modified by rule: | ||||||
7 | (i) lighting systems, including light bulbs; | ||||||
8 | (ii) HVAC system; | ||||||
9 | (iii) water application system to the crop; | ||||||
10 | and | ||||||
11 | (iv) filtration system for removing | ||||||
12 | contaminants from wastewater. | ||||||
13 | (B) Lighting. The Lighting Power Densities (LPD) | ||||||
14 | for cultivation space commits to not exceed an average | ||||||
15 | of 36 watts per gross square foot of active and growing | ||||||
16 | space canopy, or all installed lighting technology | ||||||
17 | shall meet a photosynthetic photon efficacy (PPE) of | ||||||
18 | no less than 2.2 micromoles per joule fixture and | ||||||
19 | shall be featured on the DesignLights Consortium (DLC) | ||||||
20 | Horticultural Specification Qualified Products List | ||||||
21 | (QPL). In the event that DLC requirement for minimum | ||||||
22 | efficacy exceeds 2.2 micromoles per joule fixture, | ||||||
23 | that PPE shall become the new standard. | ||||||
24 | (C) HVAC. | ||||||
25 | (i) For cannabis grow operations with less | ||||||
26 | than 6,000 square feet of canopy, the licensee |
| |||||||
| |||||||
1 | commits that all HVAC units will be | ||||||
2 | high-efficiency ductless split HVAC units, or | ||||||
3 | other more energy efficient equipment. | ||||||
4 | (ii) For cannabis grow operations with 6,000 | ||||||
5 | square feet of canopy or more, the licensee | ||||||
6 | commits that all HVAC units will be variable | ||||||
7 | refrigerant flow HVAC units, or other more energy | ||||||
8 | efficient equipment. | ||||||
9 | (D) Water application. | ||||||
10 | (i) The craft grower facility commits to use | ||||||
11 | automated watering systems, including, but not | ||||||
12 | limited to, drip irrigation and flood tables, to | ||||||
13 | irrigate cannabis crop. | ||||||
14 | (ii) The craft grower facility commits to | ||||||
15 | measure runoff from watering events and report | ||||||
16 | this volume in its water usage plan, and that on | ||||||
17 | average, watering events shall have no more than | ||||||
18 | 20% of runoff of water. | ||||||
19 | (E) Filtration. The craft grower commits that HVAC | ||||||
20 | condensate, dehumidification water, excess runoff, and | ||||||
21 | other wastewater produced by the craft grower facility | ||||||
22 | shall be captured and filtered to the best of the | ||||||
23 | facility's ability to achieve the quality needed to be | ||||||
24 | reused in subsequent watering rounds. | ||||||
25 | (F) Reporting energy use and efficiency as | ||||||
26 | required by rule; and |
| |||||||
| |||||||
1 | (22) any other information required by rule. | ||||||
2 | (b) Applicants must submit all required information , | ||||||
3 | including the information required in Section 30-15, to the | ||||||
4 | Department of Agriculture . Failure by an applicant to submit | ||||||
5 | all required information may result in the application being | ||||||
6 | disqualified. | ||||||
7 | (c) (Blank). If the Department of Agriculture receives an | ||||||
8 | application with missing information, the Department of | ||||||
9 | Agriculture may issue a deficiency notice to the applicant. | ||||||
10 | The applicant shall have 10 calendar days from the date of the | ||||||
11 | deficiency notice to resubmit the incomplete information. | ||||||
12 | Applications that are still incomplete after this opportunity | ||||||
13 | to cure will not be scored and will be disqualified.
| ||||||
14 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; | ||||||
15 | 102-538, eff. 8-20-21.) | ||||||
16 | (410 ILCS 705/30-20)
| ||||||
17 | Sec. 30-20. Issuance of license to certain persons | ||||||
18 | prohibited. | ||||||
19 | (a) No craft grower license issued by the Commission | ||||||
20 | Department of Agriculture shall be issued to a person who is | ||||||
21 | licensed by any licensing authority as a cultivation center, | ||||||
22 | or to any partnership, corporation, limited liability company, | ||||||
23 | or trust or any subsidiary, affiliate, or any other form of | ||||||
24 | business enterprise having more than 10% legal, equitable, or | ||||||
25 | beneficial interest, directly or indirectly, in a person |
| |||||||
| |||||||
1 | licensed in this State as a cultivation center, or to any | ||||||
2 | principal officer, agent, employee, or human being with any | ||||||
3 | form of ownership or control over a cultivation center except | ||||||
4 | for a person who owns no more than 5% of the outstanding shares | ||||||
5 | of a cultivation center whose shares are publicly traded on an | ||||||
6 | exchange within the meaning of the Securities Exchange Act of | ||||||
7 | 1934. | ||||||
8 | (b) A person who is licensed in this State as a craft | ||||||
9 | grower, or any partnership, corporation, limited liability | ||||||
10 | company, or trust or any subsidiary, affiliate, or agent | ||||||
11 | thereof, or any other form of business enterprise licensed in | ||||||
12 | this State as a craft grower shall not have more than 10% | ||||||
13 | legal, equitable, or beneficial interest, directly or | ||||||
14 | indirectly, in a person licensed as a cultivation center, nor | ||||||
15 | shall any partnership, corporation, limited liability company, | ||||||
16 | or trust or any subsidiary, affiliate, or any other form of | ||||||
17 | business enterprise having any legal, equitable, or beneficial | ||||||
18 | interest, directly or indirectly, in a person licensed in this | ||||||
19 | State as a craft grower or a craft grower agent be a principal | ||||||
20 | officer, agent, employee, or human being with any form of | ||||||
21 | ownership or control over a cultivation center except for a | ||||||
22 | person who owns no more than 5% of the outstanding shares of a | ||||||
23 | cultivation center whose shares are publicly traded on an | ||||||
24 | exchange within the meaning of the Securities Exchange Act of | ||||||
25 | 1934.
| ||||||
26 | (Source: P.A. 101-27, eff. 6-25-19.) |
| |||||||
| |||||||
1 | (410 ILCS 705/30-30)
| ||||||
2 | Sec. 30-30. Craft grower requirements; prohibitions. | ||||||
3 | (a) The operating documents of a craft grower shall | ||||||
4 | include procedures for the oversight of the craft grower, a | ||||||
5 | cannabis plant monitoring system including a physical | ||||||
6 | inventory recorded weekly, accurate recordkeeping, and a | ||||||
7 | staffing plan. | ||||||
8 | (b) A craft grower shall implement a security plan | ||||||
9 | reviewed by the Illinois State Police that includes, but is | ||||||
10 | not limited to: facility access controls, perimeter intrusion | ||||||
11 | detection systems, personnel identification systems, and a | ||||||
12 | 24-hour surveillance system to monitor the interior and | ||||||
13 | exterior of the craft grower facility and that is accessible | ||||||
14 | to authorized law enforcement and the Commission Department of | ||||||
15 | Agriculture in real time. | ||||||
16 | (c) All cultivation of cannabis by a craft grower must | ||||||
17 | take place in an enclosed, locked facility at the physical | ||||||
18 | address provided to the Commission Department of Agriculture | ||||||
19 | during the licensing process. The craft grower location shall | ||||||
20 | only be accessed by the agents working for the craft grower, | ||||||
21 | the Commission Department of Agriculture staff performing | ||||||
22 | inspections, the Department of Public Health staff performing | ||||||
23 | inspections, State and local law enforcement or other | ||||||
24 | emergency personnel, contractors working on jobs unrelated to | ||||||
25 | cannabis, such as installing or maintaining security devices |
| |||||||
| |||||||
1 | or performing electrical wiring, transporting organization | ||||||
2 | agents as provided in this Act, or participants in the | ||||||
3 | incubator program, individuals in a mentoring or educational | ||||||
4 | program approved by the State, or other individuals as | ||||||
5 | provided by rule. However, if a craft grower shares a premises | ||||||
6 | with an infuser or dispensing organization, agents from those | ||||||
7 | other licensees may access the craft grower portion of the | ||||||
8 | premises if that is the location of common bathrooms, | ||||||
9 | lunchrooms, locker rooms, or other areas of the building where | ||||||
10 | work or cultivation of cannabis is not performed. At no time | ||||||
11 | may an infuser or dispensing organization agent perform work | ||||||
12 | at a craft grower without being a registered agent of the craft | ||||||
13 | grower. | ||||||
14 | (d) A craft grower may not sell or distribute any cannabis | ||||||
15 | to any person other than a cultivation center, a craft grower, | ||||||
16 | an infuser organization, a dispensing organization, or as | ||||||
17 | otherwise authorized by rule. | ||||||
18 | (e) A craft grower may not be located in an area zoned for | ||||||
19 | residential use. | ||||||
20 | (f) A craft grower may not either directly or indirectly | ||||||
21 | discriminate in price between different cannabis business | ||||||
22 | establishments that are purchasing a like grade, strain, | ||||||
23 | brand, and quality of cannabis or cannabis-infused product. | ||||||
24 | Nothing in this subsection (f) prevents a craft grower from | ||||||
25 | pricing cannabis differently based on differences in the cost | ||||||
26 | of manufacturing or processing, the quantities sold, such as |
| |||||||
| |||||||
1 | volume discounts, or the way the products are delivered. | ||||||
2 | (g) All cannabis harvested by a craft grower and intended | ||||||
3 | for distribution to a dispensing organization must be entered | ||||||
4 | into a data collection system, packaged and labeled under | ||||||
5 | Section 55-21, and, if distribution is to a dispensing | ||||||
6 | organization that does not share a premises with the | ||||||
7 | dispensing organization receiving the cannabis, placed into a | ||||||
8 | cannabis container for transport. All cannabis harvested by a | ||||||
9 | craft grower and intended for distribution to a cultivation | ||||||
10 | center, to an infuser organization, or to a craft grower with | ||||||
11 | which it does not share a premises, must be packaged in a | ||||||
12 | labeled cannabis container and entered into a data collection | ||||||
13 | system before transport. | ||||||
14 | (h) Craft growers are subject to random inspections by the | ||||||
15 | Commission Department of Agriculture , local safety or health | ||||||
16 | inspectors, the Illinois State Police, or as provided by rule. | ||||||
17 | (i) A craft grower agent shall notify local law | ||||||
18 | enforcement, the Illinois State Police, and the Commission | ||||||
19 | Department of Agriculture within 24 hours of the discovery of | ||||||
20 | any loss or theft. Notification shall be made by phone, in | ||||||
21 | person, or written or electronic communication. | ||||||
22 | (j) A craft grower shall comply with all State and any | ||||||
23 | applicable federal rules and regulations regarding the use of | ||||||
24 | pesticides. | ||||||
25 | (k) A craft grower or craft grower agent shall not | ||||||
26 | transport cannabis or cannabis-infused products to any other |
| |||||||
| |||||||
1 | cannabis business establishment without a transport | ||||||
2 | organization license unless: | ||||||
3 | (i) If the craft grower is located in a county with a | ||||||
4 | population of 3,000,000 or more, the cannabis business | ||||||
5 | establishment receiving the cannabis is within 2,000 feet | ||||||
6 | of the property line of the craft grower; | ||||||
7 | (ii) If the craft grower is located in a county with a | ||||||
8 | population of more than 700,000 but fewer than 3,000,000, | ||||||
9 | the cannabis business establishment receiving the cannabis | ||||||
10 | is within 2 miles of the craft grower; or | ||||||
11 | (iii) If the craft grower is located in a county with a | ||||||
12 | population of fewer than 700,000, the cannabis business | ||||||
13 | establishment receiving the cannabis is within 15 miles of | ||||||
14 | the craft grower. | ||||||
15 | (l) A craft grower may enter into a contract with a | ||||||
16 | transporting organization to transport cannabis to a | ||||||
17 | cultivation center, a craft grower, an infuser organization, a | ||||||
18 | dispensing organization, or a laboratory. | ||||||
19 | (m) No person or entity shall hold any legal, equitable, | ||||||
20 | ownership, or beneficial interest, directly or indirectly, of | ||||||
21 | more than 3 craft grower licenses. Further, no person or | ||||||
22 | entity that is employed by, an agent of, or has a contract to | ||||||
23 | receive payment from or participate in the management of a | ||||||
24 | craft grower, is a principal officer of a craft grower, or | ||||||
25 | entity controlled by or affiliated with a principal officer of | ||||||
26 | a craft grower shall hold any legal, equitable, ownership, or |
| |||||||
| |||||||
1 | beneficial interest, directly or indirectly, in a craft grower | ||||||
2 | license that would result in the person or entity owning or | ||||||
3 | controlling in combination with any craft grower, principal | ||||||
4 | officer of a craft grower, or entity controlled or affiliated | ||||||
5 | with a principal officer of a craft grower by which he, she, or | ||||||
6 | it is employed, is an agent of, or participates in the | ||||||
7 | management of more than 3 craft grower licenses. | ||||||
8 | (n) It is unlawful for any person having a craft grower | ||||||
9 | license or any officer, associate, member, representative, or | ||||||
10 | agent of the licensee to offer or deliver money, or anything | ||||||
11 | else of value, directly or indirectly, to any person having an | ||||||
12 | Early Approval Adult Use Dispensing Organization License, a | ||||||
13 | Conditional Adult Use Dispensing Organization License, an | ||||||
14 | Adult Use Dispensing Organization License, or a medical | ||||||
15 | cannabis dispensing organization license issued under the | ||||||
16 | Compassionate Use of Medical Cannabis Program Act , or to any | ||||||
17 | person connected with or in any way representing, or to any | ||||||
18 | member of the family of, the person holding an Early Approval | ||||||
19 | Adult Use Dispensing Organization License, a Conditional Adult | ||||||
20 | Use Dispensing Organization License, an Adult Use Dispensing | ||||||
21 | Organization License, or a medical cannabis dispensing | ||||||
22 | organization license issued under the Compassionate Use of | ||||||
23 | Medical Cannabis Program Act , or to any stockholders in any | ||||||
24 | corporation engaged in the retail sale of cannabis, or to any | ||||||
25 | officer, manager, agent, or representative of the Early | ||||||
26 | Approval Adult Use Dispensing Organization License, a |
| |||||||
| |||||||
1 | Conditional Adult Use Dispensing Organization License, an | ||||||
2 | Adult Use Dispensing Organization License, or a medical | ||||||
3 | cannabis dispensing organization license issued under the | ||||||
4 | Compassionate Use of Medical Cannabis Program Act to obtain | ||||||
5 | preferential placement within the dispensing organization, | ||||||
6 | including, without limitation, on shelves and in display cases | ||||||
7 | where purchasers can view products, or on the dispensing | ||||||
8 | organization's website. | ||||||
9 | (o) A craft grower shall not be located within 1,500 feet | ||||||
10 | of another craft grower or a cultivation center. | ||||||
11 | (p) A craft grower may process cannabis, cannabis | ||||||
12 | concentrates, and cannabis-infused products. | ||||||
13 | (q) A craft grower must comply with any other requirements | ||||||
14 | or prohibitions set by administrative rule of the Commission | ||||||
15 | Department of Agriculture .
| ||||||
16 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; | ||||||
17 | 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; revised | ||||||
18 | 10-21-21.) | ||||||
19 | (410 ILCS 705/30-45)
| ||||||
20 | Sec. 30-45. Renewal of craft grower licenses and agent | ||||||
21 | identification cards. | ||||||
22 | (a) Licenses and identification cards issued under this | ||||||
23 | Act shall be renewed annually. A craft grower shall receive | ||||||
24 | written or electronic notice 90 days before the expiration of | ||||||
25 | its current license that the license will expire. The |
| |||||||
| |||||||
1 | Commission Department of Agriculture shall grant a renewal | ||||||
2 | within 45 days of submission of a renewal application if: | ||||||
3 | (1) the craft grower submits a renewal application and | ||||||
4 | the required nonrefundable renewal fee of $40,000, or | ||||||
5 | another amount as the Commission Department of Agriculture | ||||||
6 | may set by rule after January 1, 2021; | ||||||
7 | (2) the Commission Department of Agriculture has not | ||||||
8 | suspended the license of the craft grower or suspended or | ||||||
9 | revoked the license for violating this Act or rules | ||||||
10 | adopted under this Act; | ||||||
11 | (3) the craft grower has continued to operate in | ||||||
12 | accordance with all plans submitted as part of its | ||||||
13 | application and approved by the Commission Department of | ||||||
14 | Agriculture or any amendments thereto that have been | ||||||
15 | approved by the Commission Department of Agriculture ; | ||||||
16 | (4) the craft grower has submitted an agent, employee, | ||||||
17 | contracting, and subcontracting diversity report as | ||||||
18 | required by the Commission Department ; and | ||||||
19 | (5) the craft grower has submitted an environmental | ||||||
20 | impact report. | ||||||
21 | (b) If a craft grower fails to renew its license before | ||||||
22 | expiration, it shall cease operations until its license is | ||||||
23 | renewed. | ||||||
24 | (c) If a craft grower agent fails to renew his or her | ||||||
25 | identification card before its expiration, he or she shall | ||||||
26 | cease to work as an agent of the craft grower organization |
| |||||||
| |||||||
1 | until his or her identification card is renewed. | ||||||
2 | (d) Any craft grower that continues to operate, or any | ||||||
3 | craft grower agent who continues to work as an agent, after the | ||||||
4 | applicable license or identification card has expired without | ||||||
5 | renewal is subject to the penalties provided under Section | ||||||
6 | 45-5. | ||||||
7 | (e) All fees or fines collected from the renewal of a craft | ||||||
8 | grower license shall be deposited into the Cannabis Regulation | ||||||
9 | Fund.
| ||||||
10 | (Source: P.A. 101-27, eff. 6-25-19.) | ||||||
11 | (410 ILCS 705/30-55) | ||||||
12 | Sec. 30-55. Disclosure of ownership and control. | ||||||
13 | (a) Each craft grower applicant and licensee shall file | ||||||
14 | and maintain a Table of Organization, Ownership, and Control | ||||||
15 | with the Commission Department . The Table of Organization, | ||||||
16 | Ownership, and Control shall contain the information required | ||||||
17 | by this Section in sufficient detail to identify all owners, | ||||||
18 | directors, and principal officers, and the title of each | ||||||
19 | principal officer or business entity that, through direct or | ||||||
20 | indirect means, manages, owns, or controls the applicant or | ||||||
21 | licensee. | ||||||
22 | (b) The Table of Organization, Ownership and Control shall | ||||||
23 | identify the following information: | ||||||
24 | (1) The management structure, ownership, and control
| ||||||
25 | of the applicant or license holder including the name of |
| |||||||
| |||||||
1 | each principal officer or business entity, the office or | ||||||
2 | position held, and the percentage ownership interest, if | ||||||
3 | any. If the business entity has a parent company, the name | ||||||
4 | of each owner, board member, and officer of the parent | ||||||
5 | company and his or her percentage ownership interest in | ||||||
6 | the parent company and the craft grower. | ||||||
7 | (2) If the applicant or licensee is a business entity
| ||||||
8 | with publicly traded stock, the identification of | ||||||
9 | ownership shall be provided as required in subsection (c). | ||||||
10 | (c) If a business entity identified in subsection (b) is a | ||||||
11 | publicly traded company, the following information shall be | ||||||
12 | provided in the Table of Organization, Ownership, and Control: | ||||||
13 | (1) The name and percentage of ownership interest of | ||||||
14 | each individual or business entity with ownership of more | ||||||
15 | than 5% of the voting shares of the entity, to the extent | ||||||
16 | such information is known or contained in 13D or 13G | ||||||
17 | Securities and Exchange Commission filings. | ||||||
18 | (2) To the extent known, the names and percentage of
| ||||||
19 | interest of ownership of persons who are relatives of one | ||||||
20 | another and who together exercise control over or own more | ||||||
21 | than 10% of the voting shares of the entity. | ||||||
22 | (d) A craft grower with a parent company or companies, or | ||||||
23 | partially owned or controlled by another entity must disclose | ||||||
24 | to the Commission Department the relationship and all owners, | ||||||
25 | board members, officers, or individuals with control or | ||||||
26 | management of those entities. A craft grower shall not shield |
| |||||||
| |||||||
1 | its ownership or control from the Commission Department . | ||||||
2 | (e) All principal officers must submit a complete online | ||||||
3 | application with the Commission Department within 14 days of | ||||||
4 | the craft grower being licensed by the Commission Department | ||||||
5 | or within 14 days of Commission Department notice of approval | ||||||
6 | as a new principal officer. | ||||||
7 | (f) A principal officer may not allow his or her | ||||||
8 | registration to expire. | ||||||
9 | (g) A craft grower separating with a principal officer | ||||||
10 | must do so under this Act. The principal officer must | ||||||
11 | communicate the separation to the Commission Department within | ||||||
12 | 5 business days. | ||||||
13 | (h) A principal officer not in compliance with the | ||||||
14 | requirements of this Act shall be removed from his or her | ||||||
15 | position with the craft grower or shall otherwise terminate | ||||||
16 | his or her affiliation. Failure to do so may subject the craft | ||||||
17 | grower to discipline, suspension, or revocation of its license | ||||||
18 | by the Commission Department . | ||||||
19 | (i) It is the responsibility of the craft grower and its | ||||||
20 | principal officers to promptly notify the Commission | ||||||
21 | Department of any change of the principal place of business | ||||||
22 | address, hours of operation, change in ownership or control, | ||||||
23 | or a change of the craft grower's primary or secondary contact | ||||||
24 | information. Any changes must be made to the Commission | ||||||
25 | Department in writing.
| ||||||
26 | (Source: P.A. 102-98, eff. 7-15-21.) |
| |||||||
| |||||||
1 | (410 ILCS 705/35-3)
| ||||||
2 | Sec. 35-3. Definitions. In this Article , "Commission" | ||||||
3 | means the Cannabis Equity and Oversight Commission. : | ||||||
4 | "Department" means the Department of Agriculture.
| ||||||
5 | (Source: P.A. 101-27, eff. 6-25-19.) | ||||||
6 | (410 ILCS 705/35-5)
| ||||||
7 | Sec. 35-5. Issuance of licenses. | ||||||
8 | (a) The Department of Agriculture shall issue up to 40 | ||||||
9 | infuser licenses through a process provided for in this | ||||||
10 | Article no later than July 1, 2020. | ||||||
11 | (b) The Commission Department of Agriculture shall make | ||||||
12 | the application for infuser licenses available on January 7, | ||||||
13 | 2020, or if that date falls on a weekend or holiday, the | ||||||
14 | business day immediately succeeding the weekend or holiday and | ||||||
15 | every January 7 or succeeding business day thereafter, and | ||||||
16 | shall receive such applications no later than March 15, 2020, | ||||||
17 | or, if that date falls on a weekend or holiday, the business | ||||||
18 | day immediately succeeding the weekend or holiday and every | ||||||
19 | March 15 or succeeding business day thereafter. | ||||||
20 | (c) By December 21, 2021, the Department of Agriculture | ||||||
21 | may issue up to 60 additional infuser licenses. If the | ||||||
22 | Department of Agriculture has not issued licenses under | ||||||
23 | subsection (c) of this Article prior to July 1, 2022, the | ||||||
24 | Commission may issue the licenses. Prior to issuing such |
| |||||||
| |||||||
1 | licenses, the Commission Department may adopt rules through | ||||||
2 | emergency rulemaking in accordance with subsection (kk) of | ||||||
3 | Section 5-45 of the Illinois Administrative Procedure Act, to | ||||||
4 | modify or raise the number of infuser licenses and modify or | ||||||
5 | change the licensing application process to reduce or | ||||||
6 | eliminate barriers. The General Assembly finds that the | ||||||
7 | adoption of rules to regulate cannabis use is deemed an | ||||||
8 | emergency and necessary for the public interest, safety, and | ||||||
9 | welfare. | ||||||
10 | In determining whether to exercise the authority granted | ||||||
11 | by this subsection, the Commission Department of Agriculture | ||||||
12 | must consider the following factors: | ||||||
13 | (1) the percentage of cannabis sales occurring in | ||||||
14 | Illinois not in the regulated market using data from the | ||||||
15 | Substance Abuse and Mental Health Services Administration, | ||||||
16 | National Survey on Drug Use and Health, Illinois | ||||||
17 | Behavioral Risk Factor Surveillance System, and tourism | ||||||
18 | data from the Illinois Office of Tourism to ascertain | ||||||
19 | total cannabis consumption in Illinois compared to the | ||||||
20 | amount of sales in licensed dispensing organizations; | ||||||
21 | (2) whether there is an adequate supply of cannabis | ||||||
22 | and cannabis-infused products to serve registered medical | ||||||
23 | cannabis patients; | ||||||
24 | (3) whether there is an adequate supply of cannabis | ||||||
25 | and cannabis-infused products to serve purchasers; | ||||||
26 | (4) whether there is an oversupply of cannabis in |
| |||||||
| |||||||
1 | Illinois leading to trafficking of cannabis to any other | ||||||
2 | state; | ||||||
3 | (5) population increases or shifts; | ||||||
4 | (6) changes to federal law; | ||||||
5 | (7) perceived security risks of increasing the number | ||||||
6 | or location of infuser organizations; | ||||||
7 | (8) the past security records of infuser | ||||||
8 | organizations; | ||||||
9 | (9) the Commission's Department of Agriculture's | ||||||
10 | capacity to appropriately regulate additional licenses; | ||||||
11 | (10) (blank); and | ||||||
12 | (11) any other criteria the Department of Agriculture | ||||||
13 | deems relevant. | ||||||
14 | (d) After January 1, 2022, the Commission Commission | ||||||
15 | Department of Agriculture may by rule modify or raise the | ||||||
16 | number of infuser licenses, and modify or change the licensing | ||||||
17 | application process to reduce or eliminate barriers based on | ||||||
18 | the criteria in subsection (c).
| ||||||
19 | (e) Upon the completion of the disparity and availability
| ||||||
20 | study pertaining to infusers by the Commission Cannabis | ||||||
21 | Regulation Oversight Officer pursuant to subsection (e) of | ||||||
22 | Section 5-45, the Department of Agriculture may modify or | ||||||
23 | change the licensing application process to reduce or | ||||||
24 | eliminate barriers and remedy evidence of discrimination | ||||||
25 | identified in the study. | ||||||
26 | (f) Notwithstanding, any other provision of law, the |
| |||||||
| |||||||
1 | Commission shall have authority over licenses in this Article | ||||||
2 | that may be in various phases in the licensing process, are | ||||||
3 | eligible, pending, in the conditional phase, awarded, pending | ||||||
4 | adjudication by a judicial process, or have otherwise not been | ||||||
5 | awarded on and after July 1, 2022. | ||||||
6 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; | ||||||
7 | 102-98, eff. 7-15-21.) | ||||||
8 | (410 ILCS 705/35-10)
| ||||||
9 | Sec. 35-10. Application. | ||||||
10 | (a) When applying for a license, the applicant shall | ||||||
11 | electronically submit the following in such form as the | ||||||
12 | Commission Department of Agriculture may direct: | ||||||
13 | (1) the nonrefundable application fee as set by rule | ||||||
14 | by the Commission, of $5,000 or, after January 1, 2021, | ||||||
15 | another amount as set by rule by the Department of | ||||||
16 | Agriculture, to be deposited into the Cannabis Regulation | ||||||
17 | Fund; | ||||||
18 | (2) the legal name of the infuser; | ||||||
19 | (3) the proposed physical address of the infuser; | ||||||
20 | (4) the name, address, social security number, and | ||||||
21 | date of birth of each principal officer and board member | ||||||
22 | of the infuser; each principal officer and board member | ||||||
23 | shall be at least 21 years of age; | ||||||
24 | (5) the details of any administrative or judicial | ||||||
25 | proceeding in which any of the principal officers or board |
| |||||||
| |||||||
1 | members of the infuser (i) pled guilty, were convicted, | ||||||
2 | fined, or had a registration or license suspended or | ||||||
3 | revoked, or (ii) managed or served on the board of a | ||||||
4 | business or non-profit organization that pled guilty, was | ||||||
5 | convicted, fined, or had a registration or license | ||||||
6 | suspended or revoked; | ||||||
7 | (6) proposed operating bylaws that include procedures | ||||||
8 | for the oversight of the infuser, including the | ||||||
9 | development and implementation of a plant monitoring | ||||||
10 | system, accurate recordkeeping, staffing plan, and | ||||||
11 | security plan approved by the Illinois State Police that | ||||||
12 | are in accordance with the rules issued by the Commission | ||||||
13 | Department of Agriculture under this Act; a physical | ||||||
14 | inventory of all cannabis shall be performed on a weekly | ||||||
15 | basis by the infuser; | ||||||
16 | (7) verification from the Illinois State Police that | ||||||
17 | all background checks of the prospective principal | ||||||
18 | officers, board members, and agents of the infuser | ||||||
19 | organization have been conducted; | ||||||
20 | (8) a copy of the current local zoning ordinance and | ||||||
21 | verification that the proposed infuser is in compliance | ||||||
22 | with the local zoning rules and distance limitations | ||||||
23 | established by the local jurisdiction; | ||||||
24 | (9) proposed employment practices, in which the | ||||||
25 | applicant must demonstrate a plan of action to inform, | ||||||
26 | hire, and educate minorities, women, veterans, and persons |
| |||||||
| |||||||
1 | with disabilities, engage in fair labor practices, and | ||||||
2 | provide worker protections; | ||||||
3 | (10) whether an applicant can demonstrate experience | ||||||
4 | in or business practices that promote economic empowerment | ||||||
5 | in Disproportionately Impacted Areas; | ||||||
6 | (11) experience with infusing products with cannabis | ||||||
7 | concentrate; | ||||||
8 | (12) a description of the enclosed, locked facility | ||||||
9 | where cannabis will be infused, packaged, or otherwise | ||||||
10 | prepared for distribution to a dispensing organization or | ||||||
11 | other infuser; | ||||||
12 | (13) processing, inventory, and packaging plans; | ||||||
13 | (14) a description of the applicant's experience with | ||||||
14 | operating a commercial kitchen or laboratory preparing | ||||||
15 | products for human consumption; | ||||||
16 | (15) a list of any academic degrees, certifications, | ||||||
17 | or relevant experience of all prospective principal | ||||||
18 | officers, board members, and agents of the related | ||||||
19 | business; | ||||||
20 | (16) the identity of every person having a financial | ||||||
21 | or voting interest of 5% or greater in the infuser | ||||||
22 | operation with respect to which the license is sought, | ||||||
23 | whether a trust, corporation, partnership, limited | ||||||
24 | liability company, or sole proprietorship, including the | ||||||
25 | name and address of each person; | ||||||
26 | (17) a plan describing how the infuser will address |
| |||||||
| |||||||
1 | each of the following: | ||||||
2 | (i) energy needs, including estimates of monthly | ||||||
3 | electricity and gas usage, to what extent it will | ||||||
4 | procure energy from a local utility or from on-site | ||||||
5 | generation, and if it has or will adopt a sustainable | ||||||
6 | energy use and energy conservation policy; | ||||||
7 | (ii) water needs, including estimated water draw, | ||||||
8 | and if it has or will adopt a sustainable water use and | ||||||
9 | water conservation policy; and | ||||||
10 | (iii) waste management, including if it has or | ||||||
11 | will adopt a waste reduction policy; | ||||||
12 | (18) a recycling plan: | ||||||
13 | (A) a commitment that any recyclable waste | ||||||
14 | generated by the infuser shall be recycled per | ||||||
15 | applicable State and local laws, ordinances, and | ||||||
16 | rules; and
| ||||||
17 | (B) a commitment to comply with local waste | ||||||
18 | provisions. An infuser commits to remain in compliance | ||||||
19 | with applicable State and federal environmental | ||||||
20 | requirements, including, but not limited to, storing, | ||||||
21 | securing, and managing all recyclables and waste, | ||||||
22 | including organic waste composed of or containing | ||||||
23 | finished cannabis and cannabis products, in accordance | ||||||
24 | with applicable State and local laws, ordinances, and | ||||||
25 | rules; and | ||||||
26 | (19) any other information required by rule. |
| |||||||
| |||||||
1 | (b) Applicants must submit all required information , | ||||||
2 | including the information required in Section 35-15, to the | ||||||
3 | Department of Agriculture . Failure by an applicant to submit | ||||||
4 | all required information may result in the application being | ||||||
5 | disqualified. | ||||||
6 | (c) (Blank). If the Department of Agriculture receives an | ||||||
7 | application with missing information, the Department of | ||||||
8 | Agriculture may issue a deficiency notice to the applicant. | ||||||
9 | The applicant shall have 10 calendar days from the date of the | ||||||
10 | deficiency notice to resubmit the incomplete information. | ||||||
11 | Applications that are still incomplete after this opportunity | ||||||
12 | to cure will not be scored and will be disqualified.
| ||||||
13 | (Source: P.A. 101-27, eff. 6-25-19; 102-538, eff. 8-20-21.) | ||||||
14 | (410 ILCS 705/35-25)
| ||||||
15 | Sec. 35-25. Infuser organization requirements; | ||||||
16 | prohibitions. | ||||||
17 | (a) The operating documents of an infuser shall include | ||||||
18 | procedures for the oversight of the infuser, an inventory | ||||||
19 | monitoring system including a physical inventory recorded | ||||||
20 | weekly, accurate recordkeeping, and a staffing plan. | ||||||
21 | (b) An infuser shall implement a security plan reviewed by | ||||||
22 | the Illinois State Police that includes, but is not limited | ||||||
23 | to: facility access controls, perimeter intrusion detection | ||||||
24 | systems, personnel identification systems, and a 24-hour | ||||||
25 | surveillance system to monitor the interior and exterior of |
| |||||||
| |||||||
1 | the infuser facility and that is accessible to authorized law | ||||||
2 | enforcement, the Department of Public Health, and the | ||||||
3 | Commission Department of Agriculture in real time. | ||||||
4 | (c) All processing of cannabis by an infuser must take | ||||||
5 | place in an enclosed, locked facility at the physical address | ||||||
6 | provided to the Commission Department of Agriculture during | ||||||
7 | the licensing process. The infuser location shall only be | ||||||
8 | accessed by the agents working for the infuser, the Commission | ||||||
9 | Department of Agriculture staff performing inspections, the | ||||||
10 | Department of Public Health staff performing inspections, | ||||||
11 | State and local law enforcement or other emergency personnel, | ||||||
12 | contractors working on jobs unrelated to cannabis, such as | ||||||
13 | installing or maintaining security devices or performing | ||||||
14 | electrical wiring, transporting organization agents as | ||||||
15 | provided in this Act, participants in the incubator program, | ||||||
16 | individuals in a mentoring or educational program approved by | ||||||
17 | the State, local safety or health inspectors, or other | ||||||
18 | individuals as provided by rule. However, if an infuser shares | ||||||
19 | a premises with a craft grower or dispensing organization, | ||||||
20 | agents from these other licensees may access the infuser | ||||||
21 | portion of the premises if that is the location of common | ||||||
22 | bathrooms, lunchrooms, locker rooms, or other areas of the | ||||||
23 | building where processing of cannabis is not performed. At no | ||||||
24 | time may a craft grower or dispensing organization agent | ||||||
25 | perform work at an infuser without being a registered agent of | ||||||
26 | the infuser. |
| |||||||
| |||||||
1 | (d) An infuser may not sell or distribute any cannabis to | ||||||
2 | any person other than a dispensing organization, or as | ||||||
3 | otherwise authorized by rule. | ||||||
4 | (e) An infuser may not either directly or indirectly | ||||||
5 | discriminate in price between different cannabis business | ||||||
6 | establishments that are purchasing a like grade, strain, | ||||||
7 | brand, and quality of cannabis or cannabis-infused product. | ||||||
8 | Nothing in this subsection (e) prevents an infuser from | ||||||
9 | pricing cannabis differently based on differences in the cost | ||||||
10 | of manufacturing or processing, the quantities sold, such | ||||||
11 | volume discounts, or the way the products are delivered. | ||||||
12 | (f) All cannabis infused by an infuser and intended for | ||||||
13 | distribution to a dispensing organization must be entered into | ||||||
14 | a data collection system, packaged and labeled under Section | ||||||
15 | 55-21, and, if distribution is to a dispensing organization | ||||||
16 | that does not share a premises with the infuser, placed into a | ||||||
17 | cannabis container for transport. All cannabis produced by an | ||||||
18 | infuser and intended for distribution to a cultivation center, | ||||||
19 | infuser organization, or craft grower with which it does not | ||||||
20 | share a premises, must be packaged in a labeled cannabis | ||||||
21 | container and entered into a data collection system before | ||||||
22 | transport. | ||||||
23 | (g) Infusers are subject to random inspections by the | ||||||
24 | Commission Department of Agriculture , the Department of Public | ||||||
25 | Health, the Illinois State Police, local law enforcement, or | ||||||
26 | as provided by rule. |
| |||||||
| |||||||
1 | (h) An infuser agent shall notify local law enforcement, | ||||||
2 | the Illinois State Police, and the Commission Department of | ||||||
3 | Agriculture within 24 hours of the discovery of any loss or | ||||||
4 | theft. Notification shall be made by phone, in person, or by | ||||||
5 | written or electronic communication. | ||||||
6 | (i) An infuser organization may not be located in an area | ||||||
7 | zoned for residential use. | ||||||
8 | (j) An infuser or infuser agent shall not transport | ||||||
9 | cannabis or cannabis-infused products to any other cannabis | ||||||
10 | business establishment without a transport organization | ||||||
11 | license unless: | ||||||
12 | (i) If the infuser is located in a county with a | ||||||
13 | population of 3,000,000 or more, the cannabis business | ||||||
14 | establishment receiving the cannabis or cannabis-infused | ||||||
15 | product is within 2,000 feet of the property line of the | ||||||
16 | infuser; | ||||||
17 | (ii) If the infuser is located in a county with a | ||||||
18 | population of more than 700,000 but fewer than 3,000,000, | ||||||
19 | the cannabis business establishment receiving the cannabis | ||||||
20 | or cannabis-infused product is within 2 miles of the | ||||||
21 | infuser; or | ||||||
22 | (iii) If the infuser is located in a county with a | ||||||
23 | population of fewer than 700,000, the cannabis business | ||||||
24 | establishment receiving the cannabis or cannabis-infused | ||||||
25 | product is within 15 miles of the infuser. | ||||||
26 | (k) An infuser may enter into a contract with a |
| |||||||
| |||||||
1 | transporting organization to transport cannabis to a | ||||||
2 | dispensing organization or a laboratory. | ||||||
3 | (l) An infuser organization may share premises with a | ||||||
4 | craft grower or a dispensing organization, or both, provided | ||||||
5 | each licensee stores currency and cannabis or cannabis-infused | ||||||
6 | products in a separate secured vault to which the other | ||||||
7 | licensee does not have access or all licensees sharing a vault | ||||||
8 | share more than 50% of the same ownership. | ||||||
9 | (m) It is unlawful for any person or entity having an | ||||||
10 | infuser organization license or any officer, associate, | ||||||
11 | member, representative or agent of such licensee to offer or | ||||||
12 | deliver money, or anything else of value, directly or | ||||||
13 | indirectly to any person having an Early Approval Adult Use | ||||||
14 | Dispensing Organization License, a Conditional Adult Use | ||||||
15 | Dispensing Organization License, an Adult Use Dispensing | ||||||
16 | Organization License, or a medical cannabis dispensing | ||||||
17 | organization license issued under the Compassionate Use of | ||||||
18 | Medical Cannabis Program Act , or to any person connected with | ||||||
19 | or in any way representing, or to any member of the family of, | ||||||
20 | such person holding an Early Approval Adult Use Dispensing | ||||||
21 | Organization License, a Conditional Adult Use Dispensing | ||||||
22 | Organization License, an Adult Use Dispensing Organization | ||||||
23 | License, or a medical cannabis dispensing organization license | ||||||
24 | issued under the Compassionate Use of Medical Cannabis Program | ||||||
25 | Act , or to any stockholders in any corporation engaged the | ||||||
26 | retail sales of cannabis, or to any officer, manager, agent, |
| |||||||
| |||||||
1 | or representative of the Early Approval Adult Use Dispensing | ||||||
2 | Organization License, a Conditional Adult Use Dispensing | ||||||
3 | Organization License, an Adult Use Dispensing Organization | ||||||
4 | License, or a medical cannabis dispensing organization license | ||||||
5 | issued under the Compassionate Use of Medical Cannabis Program | ||||||
6 | Act to obtain preferential placement within the dispensing | ||||||
7 | organization, including, without limitation, on shelves and in | ||||||
8 | display cases where purchasers can view products, or on the | ||||||
9 | dispensing organization's website. | ||||||
10 | (n) At no time shall an infuser organization or an infuser | ||||||
11 | agent perform the extraction of cannabis concentrate from | ||||||
12 | cannabis flower.
| ||||||
13 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; | ||||||
14 | 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; revised | ||||||
15 | 10-14-21.) | ||||||
16 | (410 ILCS 705/35-31)
| ||||||
17 | Sec. 35-31. Ensuring an adequate supply of raw materials | ||||||
18 | to serve infusers. | ||||||
19 | (a) As used in this Section, "raw materials" includes, but | ||||||
20 | is not limited to, CO 2 hash oil, "crude", "distillate", or any | ||||||
21 | other cannabis concentrate extracted from cannabis flower by | ||||||
22 | use of a solvent or a mechanical process. | ||||||
23 | (b) The Commission Department of Agriculture may by rule | ||||||
24 | design a method for assessing whether licensed infusers have | ||||||
25 | access to an adequate supply of reasonably affordable raw |
| |||||||
| |||||||
1 | materials, which may include but not be limited to: (i) a | ||||||
2 | survey of infusers; (ii) a market study on the sales trends of | ||||||
3 | cannabis-infused products manufactured by infusers; and (iii) | ||||||
4 | the costs cultivation centers and craft growers assume for the | ||||||
5 | raw materials they use in any cannabis-infused products they | ||||||
6 | manufacture. | ||||||
7 | (c) The Commission Department of Agriculture shall perform | ||||||
8 | an annual assessment of whether infusers have access to an | ||||||
9 | adequate supply of reasonably affordable raw materials that | ||||||
10 | shall start 6 months after the issuance of licenses to | ||||||
11 | infusers, or sooner if the Commission has reason to believe | ||||||
12 | that infusers do not have an adequate supply of raw materials. | ||||||
13 | After the initial annual assessment, each assessment | ||||||
14 | thereafter shall occur by January 1st of each year start no | ||||||
15 | sooner than January 1, 2022 and shall conclude no later than | ||||||
16 | April 1, 2022. The Department of Agriculture may rely on data | ||||||
17 | from the Illinois Cannabis Regulation Oversight Officer as | ||||||
18 | part of this assessment . | ||||||
19 | (d) The Commission Department of Agriculture shall perform | ||||||
20 | an assessment of whether infusers have access to an adequate | ||||||
21 | supply of reasonably affordable raw materials annually that | ||||||
22 | shall start no sooner than January 1, 2023 and shall conclude | ||||||
23 | no later than April 1, 2023. The Department of Agriculture may | ||||||
24 | rely on data from the Cannabis Regulation Oversight Officer as | ||||||
25 | part of this assessment . | ||||||
26 | (e) The Commission Department of Agriculture may by rule |
| |||||||
| |||||||
1 | adopt measures to ensure infusers have access to an adequate | ||||||
2 | supply of reasonably affordable raw materials necessary for | ||||||
3 | the manufacture of cannabis-infused products. Such measures | ||||||
4 | may include, but not be limited to (i) requiring cultivation | ||||||
5 | centers and craft growers to set aside a minimum amount of raw | ||||||
6 | materials for the wholesale market or (ii) enabling infusers | ||||||
7 | to apply for a processor license to extract raw materials from | ||||||
8 | cannabis flower. | ||||||
9 | (f) If the Commission Department of Agriculture determines | ||||||
10 | processor licenses may be available to infuser organizations | ||||||
11 | based upon findings made pursuant to subsection (e), infuser | ||||||
12 | organizations may submit to the Commission Department of | ||||||
13 | Agriculture on forms provided by the Commission Department of | ||||||
14 | Agriculture the following information as part of an | ||||||
15 | application to receive a processor license: | ||||||
16 | (1) experience with the extraction, processing, or | ||||||
17 | infusing of oils similar to those derived from cannabis, | ||||||
18 | or other business practices to be performed by the | ||||||
19 | infuser; | ||||||
20 | (2) a description of the applicant's experience with | ||||||
21 | manufacturing equipment and chemicals to be used in | ||||||
22 | processing; | ||||||
23 | (3) expertise in relevant scientific fields; | ||||||
24 | (4) a commitment that any cannabis waste, liquid | ||||||
25 | waste, or hazardous waste shall be disposed of in | ||||||
26 | accordance with 8 Ill. Adm. Code 1000.460, except, to the |
| |||||||
| |||||||
1 | greatest extent feasible, all cannabis plant waste will be | ||||||
2 | rendered unusable by grinding and incorporating the | ||||||
3 | cannabis plant waste with compostable mixed waste to be | ||||||
4 | disposed of in accordance with Ill. Adm. Code | ||||||
5 | 1000.460(g)(1); and | ||||||
6 | (5) any other information the Commission Department of | ||||||
7 | Agriculture deems relevant. | ||||||
8 | (g) The Commission Department of Agriculture may only | ||||||
9 | issue an infuser organization a processor license if, based on | ||||||
10 | the information pursuant to subsection (f) and any other | ||||||
11 | criteria set by the Commission Department of Agriculture , | ||||||
12 | which may include but not be limited an inspection of the site | ||||||
13 | where processing would occur, the Commission Department of | ||||||
14 | Agriculture is reasonably certain the infuser organization | ||||||
15 | will process cannabis in a safe and compliant manner.
| ||||||
16 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) | ||||||
17 | (410 ILCS 705/35-45) | ||||||
18 | Sec. 35-45. Disclosure of ownership and control. | ||||||
19 | (a) Each infuser organization applicant and licensee shall | ||||||
20 | file and maintain a Table of Organization, Ownership and | ||||||
21 | Control with the Commission Department . The Table of | ||||||
22 | Organization, Ownership and Control shall contain the | ||||||
23 | information required by this Section in sufficient detail to | ||||||
24 | identify all owners, directors, and principal officers, and | ||||||
25 | the title of each principal officer or business entity that, |
| |||||||
| |||||||
1 | through direct or indirect means, manages, owns, or controls | ||||||
2 | the applicant or licensee. | ||||||
3 | (b) The Table of Organization, Ownership, and Control | ||||||
4 | shall identify the following information: | ||||||
5 | (1) The management structure, ownership, and control
| ||||||
6 | of the applicant or license holder including the name of | ||||||
7 | each principal officer or business entity, the office or | ||||||
8 | position held, and the percentage ownership interest, if | ||||||
9 | any. If the business entity has a parent company, the name | ||||||
10 | of each owner, board member, and officer of the parent | ||||||
11 | company and his or her percentage ownership interest in | ||||||
12 | the parent company and the infuser organization. | ||||||
13 | (2) If the applicant or licensee is a business entity
| ||||||
14 | with publicly traded stock, the identification of | ||||||
15 | ownership shall be provided as required in subsection (c). | ||||||
16 | (c) If a business entity identified in subsection (b) is a | ||||||
17 | publicly traded company, the following information shall be | ||||||
18 | provided in the Table of Organization, Ownership, and Control: | ||||||
19 | (1) The name and percentage of ownership interest of | ||||||
20 | each individual or business entity with ownership of more | ||||||
21 | than 5% of the voting shares of the entity, to the extent | ||||||
22 | such information is known or contained in 13D or 13G | ||||||
23 | Securities and Exchange Commission filings. | ||||||
24 | (2) To the extent known, the names and percentage of
| ||||||
25 | interest of ownership of persons who are relatives of one | ||||||
26 | another and who together exercise control over or own more |
| |||||||
| |||||||
1 | than 10% of the voting shares of the entity. | ||||||
2 | (d) An infuser organization with a parent company or | ||||||
3 | companies, or partially owned or controlled by another entity | ||||||
4 | must disclose to the Commission Department the relationship | ||||||
5 | and all owners, board members, officers, or individuals with | ||||||
6 | control or management of those entities. An infuser | ||||||
7 | organization shall not shield its ownership or control from | ||||||
8 | the Commission Department . | ||||||
9 | (e) All principal officers must submit a complete online | ||||||
10 | application with the Commission Department within 14 days of | ||||||
11 | the infuser organization being licensed by the Commission | ||||||
12 | Department or within 14 days of Commission Department notice | ||||||
13 | of approval as a new principal officer. | ||||||
14 | (f) A principal officer may not allow his or her | ||||||
15 | registration to expire. | ||||||
16 | (g) An infuser organization separating with a principal | ||||||
17 | officer must do so under this Act. The principal officer must | ||||||
18 | communicate the separation to the Commission Department within | ||||||
19 | 5 business days. | ||||||
20 | (h) A principal officer not in compliance with the | ||||||
21 | requirements of this Act shall be removed from his or her | ||||||
22 | position with the infuser organization or shall otherwise | ||||||
23 | terminate his or her affiliation. Failure to do so may subject | ||||||
24 | the infuser organization to discipline, suspension, or | ||||||
25 | revocation of its license by the Commission Department . | ||||||
26 | (i) It is the responsibility of the infuser organization |
| |||||||
| |||||||
1 | and its principal officers to promptly notify the Commission | ||||||
2 | Department of any change of the principal place of business | ||||||
3 | address, hours of operation, change in ownership or control, | ||||||
4 | or a change of the infuser organization's primary or secondary | ||||||
5 | contact information. Any changes must be made to the | ||||||
6 | Commission Department in writing.
| ||||||
7 | (Source: P.A. 102-98, eff. 7-15-21.) | ||||||
8 | (410 ILCS 705/40-1)
| ||||||
9 | Sec. 40-1. Definition. In this Article : , | ||||||
10 | "Commission" means the Cannabis Equity and Oversight | ||||||
11 | Commission. | ||||||
12 | "Department" means the Department of Agriculture.
| ||||||
13 | (Source: P.A. 101-27, eff. 6-25-19.) | ||||||
14 | (410 ILCS 705/40-5)
| ||||||
15 | Sec. 40-5. Issuance of licenses. | ||||||
16 | (a) The Commission Department shall issue transporting | ||||||
17 | licenses through a process provided for in this Article no | ||||||
18 | later than July 1, 2020. | ||||||
19 | (b) The Commission Department shall make the
application | ||||||
20 | for transporting organization licenses available
on January 7, | ||||||
21 | 2020 and shall receive such applications no later than March | ||||||
22 | 15, 2020. The Commission Department of Agriculture shall make | ||||||
23 | available such applications on every January 7 thereafter or | ||||||
24 | if that date falls on a weekend or
holiday, the business day |
| |||||||
| |||||||
1 | immediately succeeding the weekend or
holiday and
shall | ||||||
2 | receive such applications no later than
March 15 or the | ||||||
3 | succeeding business day thereafter. | ||||||
4 | (c) Notwithstanding any other provision of law, the | ||||||
5 | Commission shall have authority over licenses in this Section | ||||||
6 | that may be in various phases in the licensing process or are | ||||||
7 | eligible, pending, in the conditional phase, awarded, pending | ||||||
8 | adjudication by a judicial process, or have otherwise not been | ||||||
9 | awarded on and after July 1, 2022. | ||||||
10 |
(d) Notwithstanding any other provision of law, the | ||||||
11 | Commission may by rule change, amend, or suspend the licensing | ||||||
12 | provided under this Article.
| ||||||
13 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) | ||||||
14 | (410 ILCS 705/40-10)
| ||||||
15 | Sec. 40-10. Application. | ||||||
16 | (a) When applying for a transporting organization license, | ||||||
17 | the applicant shall submit the following in such form as the | ||||||
18 | Commission Department of Agriculture may direct: | ||||||
19 | (1) the nonrefundable application fee as set by rule | ||||||
20 | by the Commission of $5,000 or, after January 1, 2021, | ||||||
21 | another amount as set by rule by the Department of | ||||||
22 | Agriculture, to be deposited into the Cannabis Regulation | ||||||
23 | Fund; | ||||||
24 | (2) the legal name of the transporting organization; | ||||||
25 | (3) the proposed physical address of the transporting |
| |||||||
| |||||||
1 | organization, if one is proposed; | ||||||
2 | (4) the name, address, social security number, and | ||||||
3 | date of birth of each principal officer and board member | ||||||
4 | of the transporting organization; each principal officer | ||||||
5 | and board member shall 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 transporting organization (i) pled guilty, | ||||||
9 | were convicted, fined, or had a registration or license | ||||||
10 | suspended or revoked, or (ii) managed or served on the | ||||||
11 | board of a business or non-profit organization that pled | ||||||
12 | guilty, was convicted, fined, or had a registration or | ||||||
13 | license suspended or revoked; | ||||||
14 | (6) proposed operating bylaws that include procedures | ||||||
15 | for the oversight of the transporting organization, | ||||||
16 | including the development and implementation of an | ||||||
17 | accurate recordkeeping plan, staffing plan, and security | ||||||
18 | plan approved by the Illinois State Police that are in | ||||||
19 | accordance with the rules issued by the Commission | ||||||
20 | Department of Agriculture under this Act; a physical | ||||||
21 | inventory shall be performed of all cannabis on a weekly | ||||||
22 | basis by the transporting organization; | ||||||
23 | (7) verification from the Illinois State Police that | ||||||
24 | all background checks of the prospective principal | ||||||
25 | officers, board members, and agents of the transporting | ||||||
26 | organization have been conducted; |
| |||||||
| |||||||
1 | (8) a copy of the current local zoning ordinance or | ||||||
2 | permit and verification that the proposed transporting | ||||||
3 | organization is in compliance with the local zoning rules | ||||||
4 | and distance limitations established by the local | ||||||
5 | jurisdiction, if the transporting organization has a | ||||||
6 | business address; | ||||||
7 | (9) proposed employment practices, in which the | ||||||
8 | applicant must demonstrate a plan of action to inform, | ||||||
9 | hire, and educate minorities, women, veterans, and persons | ||||||
10 | with disabilities, engage in fair labor practices, and | ||||||
11 | provide worker protections; | ||||||
12 | (10) whether an applicant can demonstrate experience | ||||||
13 | in or business practices that promote economic empowerment | ||||||
14 | in Disproportionately Impacted Areas; | ||||||
15 | (11) the number and type of equipment the transporting | ||||||
16 | organization will use to transport cannabis and | ||||||
17 | cannabis-infused products; | ||||||
18 | (12) loading, transporting, and unloading plans; | ||||||
19 | (13) a description of the applicant's experience in | ||||||
20 | the distribution or security business; | ||||||
21 | (14) the identity of every person having a financial | ||||||
22 | or voting interest of 5% or more in the transporting | ||||||
23 | organization with respect to which the license is sought, | ||||||
24 | whether a trust, corporation, partnership, limited | ||||||
25 | liability company, or sole proprietorship, including the | ||||||
26 | name and address of each person; and |
| |||||||
| |||||||
1 | (15) any other information required by rule. | ||||||
2 | (b) Applicants must submit all required information, | ||||||
3 | including the information required in Section 40-35 to the | ||||||
4 | Commission Department . Failure by an applicant to submit all | ||||||
5 | required information may result in the application being | ||||||
6 | disqualified. | ||||||
7 | (c) If the Commission Department receives an application | ||||||
8 | with missing information, the Commission Department of | ||||||
9 | Agriculture may issue a deficiency notice to the applicant. | ||||||
10 | The applicant shall have 10 calendar days from the date of the | ||||||
11 | deficiency notice to resubmit the incomplete information. | ||||||
12 | Applications that are still incomplete after this opportunity | ||||||
13 | to cure will not be scored and will be disqualified.
| ||||||
14 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; | ||||||
15 | 102-538, eff. 8-20-21.) | ||||||
16 | (410 ILCS 705/40-25)
| ||||||
17 | Sec. 40-25. Transporting organization requirements; | ||||||
18 | prohibitions. | ||||||
19 | (a) The operating documents of a transporting organization | ||||||
20 | shall include procedures for the oversight of the transporter, | ||||||
21 | an inventory monitoring system including a physical inventory | ||||||
22 | recorded weekly, accurate recordkeeping, and a staffing plan. | ||||||
23 | (b) A transporting organization may not transport cannabis | ||||||
24 | or cannabis-infused products to any person other than a | ||||||
25 | cultivation center, a craft grower, an infuser organization, a |
| |||||||
| |||||||
1 | dispensing organization, a testing facility, or as otherwise | ||||||
2 | authorized by rule. | ||||||
3 | (c) All cannabis transported by a transporting | ||||||
4 | organization must be entered into a data collection system and | ||||||
5 | placed into a cannabis container for transport. | ||||||
6 | (d) Transporters are subject to random inspections by the | ||||||
7 | Commission Department of Agriculture , the Department of Public | ||||||
8 | Health, the Illinois State Police, or as provided by rule. | ||||||
9 | (e) A transporting organization agent shall notify local | ||||||
10 | law enforcement, the Illinois State Police, and the Commission | ||||||
11 | Department of Agriculture within 24 hours of the discovery of | ||||||
12 | any loss or theft. Notification shall be made by phone, in | ||||||
13 | person, or by written or electronic communication. | ||||||
14 | (f) No person under the age of 21 years shall be in a | ||||||
15 | commercial vehicle or trailer transporting cannabis goods. | ||||||
16 | (g) No person or individual who is not a transporting | ||||||
17 | organization agent shall be in a vehicle while transporting | ||||||
18 | cannabis goods. | ||||||
19 | (h) Transporters may not use commercial motor vehicles | ||||||
20 | with a weight rating of over 10,001 pounds. | ||||||
21 | (i) It is unlawful for any person to offer or deliver | ||||||
22 | money, or anything else of value, directly or indirectly, to | ||||||
23 | any of the following persons to obtain preferential placement | ||||||
24 | within the dispensing organization, including, without | ||||||
25 | limitation, on shelves and in display cases where purchasers | ||||||
26 | can view products, or on the dispensing organization's |
| |||||||
| |||||||
1 | website: | ||||||
2 | (1) a person having a transporting organization | ||||||
3 | license, or any officer, associate, member, | ||||||
4 | representative, or agent of the licensee; | ||||||
5 | (2) a person having an Early Applicant Adult Use | ||||||
6 | Dispensing Organization License, an Adult Use Dispensing | ||||||
7 | Organization License, or a medical cannabis dispensing | ||||||
8 | organization license issued under the Compassionate Use of | ||||||
9 | Medical Cannabis Program Act ; | ||||||
10 | (3) a person connected with or in any way | ||||||
11 | representing, or a member of the family of, a person | ||||||
12 | holding an Early Applicant Adult Use Dispensing | ||||||
13 | Organization License, an Adult Use Dispensing Organization | ||||||
14 | License, or a medical cannabis dispensing organization | ||||||
15 | license issued under the Compassionate Use of Medical | ||||||
16 | Cannabis Program Act ; or | ||||||
17 | (4) a stockholder, officer, manager, agent, or | ||||||
18 | representative of a corporation engaged in the retail sale | ||||||
19 | of cannabis, an Early Applicant Adult Use Dispensing | ||||||
20 | Organization License, an Adult Use Dispensing Organization | ||||||
21 | License, or a medical cannabis dispensing organization | ||||||
22 | license issued under the Compassionate Use of Medical | ||||||
23 | Cannabis Program Act . | ||||||
24 | (j) A transporting organization agent must keep his or her | ||||||
25 | identification card visible at all times when on the property | ||||||
26 | of a cannabis business establishment and during the |
| |||||||
| |||||||
1 | transporting of cannabis when acting under his or her duties | ||||||
2 | as a transportation organization agent. During these times, | ||||||
3 | the transporting organization agent must also provide the | ||||||
4 | identification card upon request of any law enforcement | ||||||
5 | officer engaged in his or her official duties. | ||||||
6 | (k) A copy of the transporting organization's registration | ||||||
7 | and a manifest for the delivery shall be present in any vehicle | ||||||
8 | transporting cannabis. | ||||||
9 | (l) Cannabis shall be transported so it is not visible or | ||||||
10 | recognizable from outside the vehicle. | ||||||
11 | (m) A vehicle transporting cannabis must not bear any | ||||||
12 | markings to indicate the vehicle contains
cannabis or bear the | ||||||
13 | name or logo of the cannabis business establishment. | ||||||
14 | (n) Cannabis must be transported in an enclosed, locked | ||||||
15 | storage compartment that is secured or affixed to the vehicle. | ||||||
16 | (o) The Commission Department of Agriculture may, by rule, | ||||||
17 | impose any other requirements or prohibitions on the | ||||||
18 | transportation of cannabis.
| ||||||
19 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; | ||||||
20 | 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; revised | ||||||
21 | 10-14-21.) | ||||||
22 | (410 ILCS 705/40-45) | ||||||
23 | Sec. 40-45. Disclosure of ownership and control. | ||||||
24 | (a) Each transporting organization applicant and licensee | ||||||
25 | shall file and maintain a Table of Organization, Ownership, |
| |||||||
| |||||||
1 | and Control with the Commission Department . The Table of | ||||||
2 | Organization, Ownership, and Control shall contain the | ||||||
3 | information required by this Section in sufficient detail to | ||||||
4 | identify all owners, directors, and principal officers, and | ||||||
5 | the title of each principal officer or business entity that, | ||||||
6 | through direct or indirect means, manages, owns, or controls | ||||||
7 | the applicant or licensee. | ||||||
8 | (b) The Table of Organization, Ownership, and Control | ||||||
9 | shall identify the following information: | ||||||
10 | (1) The management structure, ownership, and control
| ||||||
11 | of the applicant or license holder including the name of | ||||||
12 | each principal officer or business entity, the office or | ||||||
13 | position held, and the percentage ownership interest, if | ||||||
14 | any. If the business entity has a parent company, the name | ||||||
15 | of each owner, board member, and officer of the parent | ||||||
16 | company and his or her percentage ownership interest in | ||||||
17 | the parent company and the transporting organization. | ||||||
18 | (2) If the applicant or licensee is a business entity
| ||||||
19 | with publicly traded stock, the identification of | ||||||
20 | ownership shall be provided as required in subsection (c). | ||||||
21 | (c) If a business entity identified in subsection (b) is a | ||||||
22 | publicly traded company, the following information shall be | ||||||
23 | provided in the Table of Organization, Ownership, and Control: | ||||||
24 | (1) The name and percentage of ownership interest of | ||||||
25 | each individual or business entity with ownership of more | ||||||
26 | than 5% of the voting shares of the entity, to the extent |
| |||||||
| |||||||
1 | such information is known or contained in 13D or 13G | ||||||
2 | Securities and Exchange Commission filings. | ||||||
3 | (2) To the extent known, the names and percentage of
| ||||||
4 | interest of ownership of persons who are relatives of one | ||||||
5 | another and who together exercise control over or own more | ||||||
6 | than 10% of the voting shares of the entity. | ||||||
7 | (d) A transporting organization with a parent company or | ||||||
8 | companies, or partially owned or controlled by another entity | ||||||
9 | must disclose to the Commission Department the relationship | ||||||
10 | and all owners, board members, officers, or individuals with | ||||||
11 | control or management of those entities. A transporting | ||||||
12 | organization shall not shield its ownership or control from | ||||||
13 | the Commission Department . | ||||||
14 | (e) All principal officers must submit a complete online | ||||||
15 | application with the Commission Department within 14 days of | ||||||
16 | the transporting organization being licensed by the Commission | ||||||
17 | Department or within 14 days of Commission Department notice | ||||||
18 | of approval as a new principal officer. | ||||||
19 | (f) A principal officer may not allow his or her | ||||||
20 | registration to expire. | ||||||
21 | (g) A transporting organization separating with a | ||||||
22 | principal officer must do so under this Act. The principal | ||||||
23 | officer must communicate the separation to the Commission | ||||||
24 | Department within 5 business days. | ||||||
25 | (h) A principal officer not in compliance with the | ||||||
26 | requirements of this Act shall be removed from his or her |
| |||||||
| |||||||
1 | position with the transporting organization or shall otherwise | ||||||
2 | terminate his or her affiliation. Failure to do so may subject | ||||||
3 | the transporting organization to discipline, suspension, or | ||||||
4 | revocation of its license by the Commission Department . | ||||||
5 | (i) It is the responsibility of the transporting | ||||||
6 | organization and its principal officers to promptly notify the | ||||||
7 | Commission Department of any change of the principal place of | ||||||
8 | business address, hours of operation, change in ownership or | ||||||
9 | control, or a change of the transporting organization's | ||||||
10 | primary or secondary contact information. Any changes must be | ||||||
11 | made to the Commission Department in writing.
| ||||||
12 | (Source: P.A. 102-98, eff. 7-15-21.) | ||||||
13 | (410 ILCS 705/45-5)
| ||||||
14 | Sec. 45-5. License suspension; revocation; other | ||||||
15 | penalties. | ||||||
16 | (a) Notwithstanding any other criminal penalties related | ||||||
17 | to the unlawful possession of cannabis, the Commission | ||||||
18 | Department of Financial and Professional Regulation and the | ||||||
19 | Department of Agriculture may revoke, suspend, place on | ||||||
20 | probation, reprimand, issue cease and desist orders, refuse to | ||||||
21 | issue or renew a license, or take any other disciplinary or | ||||||
22 | nondisciplinary action as each department may deem proper with | ||||||
23 | regard to a cannabis business establishment or cannabis | ||||||
24 | business establishment agent, including fines not to exceed: | ||||||
25 | (1) $50,000 for each violation of this Act or rules |
| |||||||
| |||||||
1 | adopted under this Act by a cultivation center or | ||||||
2 | cultivation center agent; | ||||||
3 | (2) $20,000 for each violation of this Act or rules | ||||||
4 | adopted under this Act by a dispensing organization or | ||||||
5 | dispensing organization agent; | ||||||
6 | (3) $15,000 for each violation of this Act or rules | ||||||
7 | adopted under this Act by a craft grower or craft grower | ||||||
8 | agent; | ||||||
9 | (4) $10,000 for each violation of this Act or rules | ||||||
10 | adopted under this Act by an infuser organization or | ||||||
11 | infuser organization agent; and | ||||||
12 | (5) $10,000 for each violation of this Act or rules | ||||||
13 | adopted under this Act by a transporting organization or | ||||||
14 | transporting organization agent. | ||||||
15 | (b) The Commission Department of Financial and | ||||||
16 | Professional Regulation and the Department of Agriculture, as | ||||||
17 | the case may be, shall consider licensee cooperation in any | ||||||
18 | agency or other investigation in its determination of | ||||||
19 | penalties imposed under this Section. | ||||||
20 | (c) The procedures for disciplining a cannabis business | ||||||
21 | establishment or cannabis business establishment agent and for | ||||||
22 | administrative hearings shall be determined by rule, and shall | ||||||
23 | provide for the review of final decisions under the | ||||||
24 | Administrative Review Law. | ||||||
25 | (d) The Attorney General may also enforce a violation of | ||||||
26 | Section 55-20, Section 55-21, and Section 15-155 as an |
| |||||||
| |||||||
1 | unlawful practice under the Consumer Fraud and Deceptive | ||||||
2 | Business Practices Act.
| ||||||
3 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) | ||||||
4 | (410 ILCS 705/45-10)
| ||||||
5 | Sec. 45-10. Immunities and presumptions related to the | ||||||
6 | handling of cannabis by cannabis business establishments and | ||||||
7 | their agents. | ||||||
8 | (a) A cultivation center, craft grower, infuser | ||||||
9 | organization, or transporting organization is not subject to: | ||||||
10 | (i) prosecution; (ii) search or inspection, except by the | ||||||
11 | Commission Department of Agriculture , the Department of Public | ||||||
12 | Health, or State or local law enforcement under this Act; | ||||||
13 | (iii) seizure; (iv) penalty in any manner, including, but not | ||||||
14 | limited to, civil penalty; (v) denial of any right or | ||||||
15 | privilege; or (vi) disciplinary action by a business licensing | ||||||
16 | board or entity for acting under this Act and rules adopted | ||||||
17 | under this Act to acquire, possess, cultivate, manufacture, | ||||||
18 | process, deliver, transfer, transport, supply, or sell | ||||||
19 | cannabis or cannabis paraphernalia under this Act. | ||||||
20 | (b) A licensed cultivation center agent, licensed craft | ||||||
21 | grower agent, licensed infuser organization agent, or licensed | ||||||
22 | transporting organization agent is not subject to: (i) | ||||||
23 | prosecution; (ii) search; (iii) penalty in any manner, | ||||||
24 | including, but not limited to, civil penalty; (iv) denial of | ||||||
25 | any right or privilege; or (v) disciplinary action by a |
| |||||||
| |||||||
1 | business licensing board or entity, for engaging in | ||||||
2 | cannabis-related activities authorized under this Act and | ||||||
3 | rules adopted under this Act. | ||||||
4 | (c) A dispensing organization is not subject to: (i) | ||||||
5 | prosecution; (ii) search or inspection, except by the | ||||||
6 | Department of Financial and Professional Regulation, or State | ||||||
7 | or local law enforcement under this Act; (iii) seizure; (iv) | ||||||
8 | penalty in any manner, including, but not limited to, civil | ||||||
9 | penalty; (v) denial of any right or privilege; or (vi) | ||||||
10 | disciplinary action by a business licensing board or entity, | ||||||
11 | for acting under this Act and rules adopted under this Act to | ||||||
12 | acquire, possess, or dispense cannabis, cannabis-infused | ||||||
13 | products, cannabis paraphernalia, or related supplies, and | ||||||
14 | educational materials under this Act. | ||||||
15 | (d) A licensed dispensing organization agent is not | ||||||
16 | subject to: (i) prosecution; (ii) search; or (iii) penalty in | ||||||
17 | any manner, or denial of any right or privilege, including, | ||||||
18 | but not limited to, civil penalty or disciplinary action by a | ||||||
19 | business licensing board or entity, for working for a | ||||||
20 | dispensing organization under this Act and rules adopted under | ||||||
21 | this Act. | ||||||
22 | (e) Any cannabis, cannabis-infused product, cannabis | ||||||
23 | paraphernalia, legal property, or interest in legal property | ||||||
24 | that is possessed, owned, or used in connection with the use of | ||||||
25 | cannabis as allowed under this Act, or acts incidental to that | ||||||
26 | use, may not be seized or forfeited. This Act does not prevent |
| |||||||
| |||||||
1 | the seizure or forfeiture of cannabis exceeding the amounts | ||||||
2 | allowed under this Act, nor does it prevent seizure or | ||||||
3 | forfeiture if the basis for the action is unrelated to the | ||||||
4 | cannabis that is possessed, manufactured, transferred, or used | ||||||
5 | under this Act. | ||||||
6 | (f) Nothing in this Act shall preclude local or State law | ||||||
7 | enforcement agencies from searching a cultivation center, | ||||||
8 | craft grower, infuser organization, transporting organization, | ||||||
9 | or dispensing organization if there is probable cause to | ||||||
10 | believe that the criminal laws of this State have been | ||||||
11 | violated and the search is conducted in conformity with the | ||||||
12 | Illinois Constitution, the Constitution of the United States, | ||||||
13 | and applicable law. | ||||||
14 | (g) Nothing in this Act shall preclude the Attorney | ||||||
15 | General or other authorized government agency from | ||||||
16 | investigating or bringing a civil action against a cannabis | ||||||
17 | business establishment, or an agent thereof, for a violation | ||||||
18 | of State law, including, but not limited to, civil rights | ||||||
19 | violations and violations of the Consumer Fraud and Deceptive | ||||||
20 | Business Practices Act.
| ||||||
21 | (Source: P.A. 101-27, eff. 6-25-19.) | ||||||
22 | (410 ILCS 705/45-20)
| ||||||
23 | Sec. 45-20. Violation of tax Acts; refusal, revocation, or | ||||||
24 | suspension of license or agent identification card. | ||||||
25 | (a) In addition to other grounds specified in this Act, |
| |||||||
| |||||||
1 | the Commission Department of Agriculture and Department of | ||||||
2 | Financial and Professional Regulation , upon notification by | ||||||
3 | the Department of Revenue, shall refuse the issuance or | ||||||
4 | renewal of a license or agent identification card, or suspend | ||||||
5 | or revoke the license or agent identification card, of any | ||||||
6 | person, for any of the following violations of any tax Act | ||||||
7 | administered by the Department of Revenue: | ||||||
8 | (1) Failure to file a tax return. | ||||||
9 | (2) The filing of a fraudulent return. | ||||||
10 | (3) Failure to pay all or part of any tax or penalty | ||||||
11 | finally determined to be due. | ||||||
12 | (4) Failure to keep books and records. | ||||||
13 | (5) Failure to secure and display a certificate or | ||||||
14 | sub-certificate of registration, if required. | ||||||
15 | (6) Willful violation of any rule or regulation of the | ||||||
16 | Commission Department relating to the administration and | ||||||
17 | enforcement of tax liability. | ||||||
18 | (b) After all violations of any of items (1) through (6) of | ||||||
19 | subsection (a) have been corrected or resolved, the Commission | ||||||
20 | Department shall, upon request of the applicant or, if not | ||||||
21 | requested, may notify the entities listed in subsection (a) | ||||||
22 | that the violations have been corrected or resolved. Upon | ||||||
23 | receiving notice from the Commission Department that a | ||||||
24 | violation of any of items (1) through (6) of subsection (a) | ||||||
25 | have been corrected or otherwise resolved to the Department of | ||||||
26 | Revenue's satisfaction, the Commission Department of |
| |||||||
| |||||||
1 | Agriculture and the Department of Financial and Professional | ||||||
2 | Regulation may issue or renew the license or agent | ||||||
3 | identification card, or vacate an order of suspension or | ||||||
4 | revocation.
| ||||||
5 | (Source: P.A. 101-27, eff. 6-25-19.) | ||||||
6 | (410 ILCS 705/50-5)
| ||||||
7 | Sec. 50-5. Laboratory testing. | ||||||
8 | (a) Notwithstanding any other provision of law, the | ||||||
9 | following acts, when performed by a cannabis testing facility | ||||||
10 | with a current, valid registration, or a person 21 years of age | ||||||
11 | or older who is acting in his or her capacity as an owner, | ||||||
12 | employee, or agent of a cannabis testing facility, are not | ||||||
13 | unlawful and shall not be an offense under Illinois law or be a | ||||||
14 | basis for seizure or forfeiture of assets under Illinois law: | ||||||
15 | (1) possessing, repackaging, transporting, storing, or | ||||||
16 | displaying cannabis or cannabis-infused products; | ||||||
17 | (2) receiving or transporting cannabis or | ||||||
18 | cannabis-infused products from a cannabis business | ||||||
19 | establishment, a community college licensed under the | ||||||
20 | Community College Cannabis Vocational Training Pilot | ||||||
21 | Program, or a person 21 years of age or older; and | ||||||
22 | (3) returning or transporting cannabis or | ||||||
23 | cannabis-infused products to a cannabis business | ||||||
24 | establishment, a community college licensed under the | ||||||
25 | Community College Cannabis Vocational Training Pilot |
| |||||||
| |||||||
1 | Program, or a person 21 years of age or older. | ||||||
2 | (b)(1) No laboratory shall handle, test, or analyze | ||||||
3 | cannabis unless approved by the Commission Department of | ||||||
4 | Agriculture in accordance with this Section. | ||||||
5 | (2) No laboratory shall be approved to handle, test, or | ||||||
6 | analyze cannabis unless the laboratory: | ||||||
7 | (A) is accredited by a private laboratory accrediting | ||||||
8 | organization; | ||||||
9 | (B) is independent from all other persons involved in | ||||||
10 | the cannabis industry in Illinois and no person with a | ||||||
11 | direct or indirect interest in the laboratory has a direct | ||||||
12 | or indirect financial, management, or other interest in an | ||||||
13 | Illinois cultivation center, craft grower, dispensary, | ||||||
14 | infuser, transporter, certifying physician, or any other | ||||||
15 | entity in the State that may benefit from the production, | ||||||
16 | manufacture, dispensing, sale, purchase, or use of | ||||||
17 | cannabis; and | ||||||
18 | (C) has employed at least one person to oversee and be | ||||||
19 | responsible for the laboratory testing who has earned, | ||||||
20 | from a college or university accredited by a national or | ||||||
21 | regional certifying authority, at least: | ||||||
22 | (i) a master's level degree in chemical or | ||||||
23 | biological sciences and a minimum of 2 years' | ||||||
24 | post-degree laboratory experience; or | ||||||
25 | (ii) a bachelor's degree in chemical or biological | ||||||
26 | sciences and a minimum of 4 years' post-degree |
| |||||||
| |||||||
1 | laboratory experience. | ||||||
2 | (3) Each independent testing laboratory that claims to be | ||||||
3 | accredited must provide the Commission Department of | ||||||
4 | Agriculture with a copy of the most recent annual inspection | ||||||
5 | report granting accreditation and every annual report | ||||||
6 | thereafter. | ||||||
7 | (c) Immediately before manufacturing or natural processing | ||||||
8 | of any cannabis or cannabis-infused product or packaging | ||||||
9 | cannabis for sale to a dispensary, each batch shall be made | ||||||
10 | available by the cultivation center, craft grower, or infuser | ||||||
11 | for an employee of an approved laboratory to select a random | ||||||
12 | sample, which shall be tested by the approved laboratory for: | ||||||
13 | (1) microbiological contaminants; | ||||||
14 | (2) mycotoxins; | ||||||
15 | (3) pesticide active ingredients; | ||||||
16 | (4) residual solvent; and | ||||||
17 | (5) an active ingredient analysis. | ||||||
18 | (d) The Commission Department of Agriculture may select a | ||||||
19 | random sample that shall, for the purposes of conducting an | ||||||
20 | active ingredient analysis, be tested by the Commission | ||||||
21 | Department of Agriculture for verification of label | ||||||
22 | information. | ||||||
23 | (e) A laboratory shall immediately return or dispose of | ||||||
24 | any cannabis upon the completion of any testing, use, or | ||||||
25 | research. If cannabis is disposed of, it shall be done in | ||||||
26 | compliance with Commission Department of Agriculture rule. |
| |||||||
| |||||||
1 | (f) If a sample of cannabis does not pass the | ||||||
2 | microbiological, mycotoxin, pesticide chemical residue, or | ||||||
3 | solvent residue test, based on the standards established by | ||||||
4 | the Commission Department of Agriculture , the following shall | ||||||
5 | apply: | ||||||
6 | (1) If the sample failed the pesticide chemical | ||||||
7 | residue test, the entire batch from which the sample was | ||||||
8 | taken shall, if applicable, be recalled as provided by | ||||||
9 | rule. | ||||||
10 | (2) If the sample failed any other test, the batch may | ||||||
11 | be used to make a CO 2 -based or solvent based extract. After | ||||||
12 | processing, the CO 2 -based or solvent based extract must | ||||||
13 | still pass all required tests. | ||||||
14 | (g) The Commission Department of Agriculture shall | ||||||
15 | establish standards for microbial, mycotoxin, pesticide | ||||||
16 | residue, solvent residue, or other standards for the presence | ||||||
17 | of possible contaminants, in addition to labeling requirements | ||||||
18 | for contents and potency. | ||||||
19 | (h) The laboratory shall file with the Commission | ||||||
20 | Department of Agriculture an electronic copy of each | ||||||
21 | laboratory test result for any batch that does not pass the | ||||||
22 | microbiological, mycotoxin, or pesticide chemical residue | ||||||
23 | test, at the same time that it transmits those results to the | ||||||
24 | cultivation center. In addition, the laboratory shall maintain | ||||||
25 | the laboratory test results for at least 5 years and make them | ||||||
26 | available at the Commission's Department of Agriculture's |
| |||||||
| |||||||
1 | request. | ||||||
2 | (i) A cultivation center, craft grower, and infuser shall | ||||||
3 | provide to a dispensing organization the laboratory test | ||||||
4 | results for each batch of cannabis product purchased by the | ||||||
5 | dispensing organization, if sampled. Each dispensing | ||||||
6 | organization must have those laboratory results available upon | ||||||
7 | request to purchasers. | ||||||
8 | (j) The Commission Department of Agriculture may adopt | ||||||
9 | rules related to testing in furtherance of this Act.
| ||||||
10 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) | ||||||
11 | (410 ILCS 705/55-5)
| ||||||
12 | Sec. 55-5. Preparation of cannabis-infused products. | ||||||
13 | (a) The Commission Department of Agriculture may regulate | ||||||
14 | the production of cannabis-infused products by a cultivation | ||||||
15 | center, a craft grower, an infuser organization, or a | ||||||
16 | dispensing organization and establish rules related to | ||||||
17 | refrigeration, hot-holding, and handling of cannabis-infused | ||||||
18 | products. All cannabis-infused products shall meet the | ||||||
19 | packaging and labeling requirements contained in Section | ||||||
20 | 55-21. | ||||||
21 | (b) Cannabis-infused products for sale or distribution at | ||||||
22 | a dispensing organization must be prepared by an approved | ||||||
23 | agent of a cultivation center or infuser organization. | ||||||
24 | (c) A cultivation center or infuser organization that | ||||||
25 | prepares cannabis-infused products for sale or distribution by |
| |||||||
| |||||||
1 | a dispensing organization shall be under the operational | ||||||
2 | supervision of a Department of Public Health certified food | ||||||
3 | service sanitation manager. | ||||||
4 | (d) Dispensing organizations may not manufacture, process, | ||||||
5 | or produce cannabis-infused products. | ||||||
6 | (e) The Department of Public Health shall adopt and | ||||||
7 | enforce rules for the manufacture and processing of | ||||||
8 | cannabis-infused products, and for that purpose it may at all | ||||||
9 | times enter every building, room, basement, enclosure, or | ||||||
10 | premises occupied or used, or suspected of being occupied or | ||||||
11 | used, for the production, preparation, manufacture for sale, | ||||||
12 | storage, sale, processing, distribution, or transportation of | ||||||
13 | cannabis-infused products, and to inspect the premises | ||||||
14 | together with all utensils, fixtures, furniture, and machinery | ||||||
15 | used for the preparation of these products. | ||||||
16 | (f) The Commission Department of Agriculture shall by rule | ||||||
17 | establish a maximum level of THC that may be contained in each | ||||||
18 | serving of cannabis-infused product, and within the product | ||||||
19 | package. | ||||||
20 | (g) If a local public health agency has a reasonable | ||||||
21 | belief that a cannabis-infused product poses a public health | ||||||
22 | hazard, it may refer the cultivation center, craft grower, or | ||||||
23 | infuser that manufactured or processed the cannabis-infused | ||||||
24 | product to the Department of Public Health and the Commission . | ||||||
25 | If the Department of Public Health or the Commission finds | ||||||
26 | that a cannabis-infused product poses a health hazard, it may |
| |||||||
| |||||||
1 | bring an action for immediate injunctive relief to require | ||||||
2 | that action be taken as the court may deem necessary to meet | ||||||
3 | the hazard of the cultivation facility or seek other relief as | ||||||
4 | provided by rule.
| ||||||
5 | (Source: P.A. 101-27, eff. 6-25-19.) | ||||||
6 | (410 ILCS 705/55-10)
| ||||||
7 | Sec. 55-10. Maintenance of inventory. All dispensing | ||||||
8 | organizations authorized to serve both registered qualifying | ||||||
9 | patients and caregivers and purchasers are required to report | ||||||
10 | which cannabis and cannabis-infused products are purchased for | ||||||
11 | sale under the Compassionate Use of Medical Cannabis Program | ||||||
12 | Act , and which cannabis and cannabis-infused products are | ||||||
13 | purchased under Article 20 this Act . Nothing in this Section | ||||||
14 | prohibits a registered qualifying patient under the | ||||||
15 | Compassionate Use of Medical Cannabis Program Act from | ||||||
16 | purchasing cannabis as a purchaser under Article 20 this Act .
| ||||||
17 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) | ||||||
18 | (410 ILCS 705/55-15)
| ||||||
19 | Sec. 55-15. Destruction of cannabis. | ||||||
20 | (a) All cannabis byproduct, scrap, and harvested cannabis | ||||||
21 | not intended for distribution to a dispensing organization | ||||||
22 | must be destroyed and disposed of under rules adopted by the | ||||||
23 | Commission Department of Agriculture under this Act. | ||||||
24 | Documentation of destruction and disposal shall be retained at |
| |||||||
| |||||||
1 | the cultivation center, craft grower, infuser organization, | ||||||
2 | transporter, or testing facility as applicable for a period of | ||||||
3 | not less than 5 years. | ||||||
4 | (b) A dispensing organization, cultivation center, craft | ||||||
5 | grower, or infuser organization shall, before destruction, | ||||||
6 | notify the Commission Department of Agriculture and the | ||||||
7 | Illinois State Police. A dispensing organization shall, before | ||||||
8 | destruction, notify the Department of Financial and | ||||||
9 | Professional Regulation and the Illinois State Police. The | ||||||
10 | Commission Department of Agriculture may by rule require that | ||||||
11 | an employee of the Commission Department of Agriculture or the | ||||||
12 | Department of Financial and Professional Regulation be present | ||||||
13 | during the destruction of any cannabis byproduct, scrap, and | ||||||
14 | harvested cannabis, as applicable. | ||||||
15 | (c) The cultivation center, craft grower, infuser | ||||||
16 | organization, or dispensing organization shall keep a record | ||||||
17 | of the date of destruction and how much was destroyed. | ||||||
18 | (d) A dispensing organization shall destroy all cannabis, | ||||||
19 | including cannabis-infused products, not sold to purchasers. | ||||||
20 | Documentation of destruction and disposal shall be retained at | ||||||
21 | the dispensing organization for a period of not less than 5 | ||||||
22 | years.
| ||||||
23 | (Source: P.A. 101-27, eff. 6-25-19; 102-538, eff. 8-20-21.) | ||||||
24 | (410 ILCS 705/55-21)
| ||||||
25 | Sec. 55-21. Cannabis product packaging and labeling. |
| |||||||
| |||||||
1 | (a) Each cannabis product produced for sale shall be | ||||||
2 | registered with the Commission Department of Agriculture on | ||||||
3 | forms provided by the Commission Department of Agriculture . | ||||||
4 | Each product registration shall include a label and the | ||||||
5 | required registration fee at the rate established by the | ||||||
6 | Commission Department of Agriculture for a comparable medical | ||||||
7 | cannabis product, or as established by rule. The registration | ||||||
8 | fee is for the name of the product offered for sale and one fee | ||||||
9 | shall be sufficient for all package sizes. | ||||||
10 | (b) All harvested cannabis intended for distribution to a | ||||||
11 | cannabis enterprise must be packaged in a sealed, labeled | ||||||
12 | container. | ||||||
13 | (c) Any product containing cannabis shall be sold in a | ||||||
14 | sealed, odor-proof, and child-resistant cannabis container | ||||||
15 | consistent with current standards, including the Consumer | ||||||
16 | Product Safety Commission standards referenced by the Poison | ||||||
17 | Prevention Act unless the sale is between or among a craft | ||||||
18 | grower, infuser, or cultivation center. | ||||||
19 | (d) All cannabis-infused products shall be individually | ||||||
20 | wrapped or packaged at the original point of preparation. The | ||||||
21 | packaging of the cannabis-infused product shall conform to the | ||||||
22 | labeling requirements of the Illinois Food, Drug and Cosmetic | ||||||
23 | Act, in addition to the other requirements set forth in this | ||||||
24 | Section. | ||||||
25 | (e) Each cannabis product shall be labeled before sale and | ||||||
26 | each label shall be securely affixed to the package and shall |
| |||||||
| |||||||
1 | state in legible English and any languages required by the | ||||||
2 | Commission Department of Agriculture : | ||||||
3 | (1) the name and post office box of the registered | ||||||
4 | cultivation center or craft grower where the item was | ||||||
5 | manufactured; | ||||||
6 | (2) the common or usual name of the item and the | ||||||
7 | registered name of the cannabis product that was | ||||||
8 | registered with the Commission Department of Agriculture | ||||||
9 | under subsection (a); | ||||||
10 | (3) a unique serial number that will match the product | ||||||
11 | with a cultivation center or craft grower batch and lot | ||||||
12 | number to facilitate any warnings or recalls the | ||||||
13 | Commission Department of Agriculture , cultivation center, | ||||||
14 | or craft grower deems appropriate; | ||||||
15 | (4) the date of final testing and packaging, if | ||||||
16 | sampled, and the identification of the independent testing | ||||||
17 | laboratory; | ||||||
18 | (5) the date of harvest and "use by" date; | ||||||
19 | (6) the quantity (in ounces or grams) of cannabis | ||||||
20 | contained in the product; | ||||||
21 | (7) a pass/fail rating based on the laboratory's | ||||||
22 | microbiological, mycotoxins, and pesticide and solvent | ||||||
23 | residue analyses, if sampled; | ||||||
24 | (8) content list. | ||||||
25 | (A) A list of the following, including the minimum | ||||||
26 | and maximum percentage content by weight for |
| |||||||
| |||||||
1 | subdivisions (e)(8)(A)(i) through (iv): | ||||||
2 | (i) delta-9-tetrahydrocannabinol (THC); | ||||||
3 | (ii) tetrahydrocannabinolic acid (THCA); | ||||||
4 | (iii) cannabidiol (CBD); | ||||||
5 | (iv) cannabidiolic acid (CBDA); and | ||||||
6 | (v) all other ingredients of the item, | ||||||
7 | including any colors, artificial flavors, and | ||||||
8 | preservatives, listed in descending order by | ||||||
9 | predominance of weight shown with common or usual | ||||||
10 | names. | ||||||
11 | (B) The acceptable tolerances for the minimum | ||||||
12 | percentage printed on the label for any of | ||||||
13 | subdivisions (e)(8)(A)(i) through (iv) shall not be | ||||||
14 | below 85% or above 115% of the labeled amount. | ||||||
15 | (f) Packaging must not contain information that: | ||||||
16 | (1) is false or misleading; | ||||||
17 | (2) promotes excessive consumption; | ||||||
18 | (3) depicts a person under 21 years of age consuming | ||||||
19 | cannabis; | ||||||
20 | (4) includes the image of a cannabis leaf; | ||||||
21 | (5) includes any image designed or likely to appeal to | ||||||
22 | minors, including cartoons, toys, animals, or children, or | ||||||
23 | any other likeness to images, characters, or phrases that | ||||||
24 | are popularly used to advertise to children, or any | ||||||
25 | packaging or labeling that bears reasonable resemblance to | ||||||
26 | any product available for consumption as a commercially |
| |||||||
| |||||||
1 | available candy, or that promotes consumption of cannabis; | ||||||
2 | (6) contains any seal, flag, crest, coat of arms, or | ||||||
3 | other insignia likely to mislead the purchaser to believe | ||||||
4 | that the product has been endorsed, made, or used by the | ||||||
5 | State of Illinois or any of its representatives except | ||||||
6 | where authorized by this Act. | ||||||
7 | (g) Cannabis products produced by concentrating or | ||||||
8 | extracting ingredients from the cannabis plant shall contain | ||||||
9 | the following information, where applicable: | ||||||
10 | (1) If solvents were used to create the concentrate or | ||||||
11 | extract, a statement that discloses the type of extraction | ||||||
12 | method, including any solvents or gases used to create the | ||||||
13 | concentrate or extract; and | ||||||
14 | (2) Any other chemicals or compounds used to produce | ||||||
15 | or were added to the concentrate or extract. | ||||||
16 | (h) All cannabis products must contain warning statements | ||||||
17 | established for purchasers, of a size that is legible and | ||||||
18 | readily visible to a consumer inspecting a package, which may | ||||||
19 | not be covered or obscured in any way. The Department of Public | ||||||
20 | Health shall define and update appropriate health warnings for | ||||||
21 | packages including specific labeling or warning requirements | ||||||
22 | for specific cannabis products. | ||||||
23 | (i) Unless modified by rule to strengthen or respond to | ||||||
24 | new evidence and science, the following warnings shall apply | ||||||
25 | to all cannabis products unless modified by rule: "This | ||||||
26 | product contains cannabis and is intended for use by adults 21 |
| |||||||
| |||||||
1 | and over. Its use can impair cognition and may be habit | ||||||
2 | forming. This product should not be used by pregnant or | ||||||
3 | breastfeeding women. It is unlawful to sell or provide this | ||||||
4 | item to any individual, and it may not be transported outside | ||||||
5 | the State of Illinois. It is illegal to operate a motor vehicle | ||||||
6 | while under the influence of cannabis. Possession or use of | ||||||
7 | this product may carry significant legal penalties in some | ||||||
8 | jurisdictions and under federal law.". | ||||||
9 | (j) Warnings for each of the following product types must | ||||||
10 | be present on labels when offered for sale to a purchaser: | ||||||
11 | (1) Cannabis that may be smoked must contain a | ||||||
12 | statement that "Smoking is hazardous to your health.". | ||||||
13 | (2) Cannabis-infused products (other than those | ||||||
14 | intended for topical application) must contain a statement | ||||||
15 | "CAUTION: This product contains cannabis, and intoxication | ||||||
16 | following use may be delayed 2 or more hours. This product | ||||||
17 | was produced in a facility that cultivates cannabis, and | ||||||
18 | that may also process common food allergens.". | ||||||
19 | (3) Cannabis-infused products intended for topical | ||||||
20 | application must contain a statement "DO NOT EAT" in bold, | ||||||
21 | capital letters. | ||||||
22 | (k) Each cannabis-infused product intended for consumption | ||||||
23 | must be individually packaged, must include the total | ||||||
24 | milligram content of THC and CBD, and may not include more than | ||||||
25 | a total of 100 milligrams of THC per package. A package may | ||||||
26 | contain multiple servings of 10 milligrams of THC, indicated |
| |||||||
| |||||||
1 | by scoring, wrapping, or by other indicators designating | ||||||
2 | individual serving sizes. The Commission Department of | ||||||
3 | Agriculture may change the total amount of THC allowed for | ||||||
4 | each package, or the total amount of THC allowed for each | ||||||
5 | serving size, by rule. | ||||||
6 | (l) No individual other than the purchaser may alter or | ||||||
7 | destroy any labeling affixed to the primary packaging of | ||||||
8 | cannabis or cannabis-infused products. | ||||||
9 | (m) For each commercial weighing and measuring device used | ||||||
10 | at a facility, the cultivation center or craft grower must: | ||||||
11 | (1) Ensure that the commercial device is licensed | ||||||
12 | under the Weights and Measures Act and the associated | ||||||
13 | administrative rules (8 Ill. Adm. Code 600); | ||||||
14 | (2) Maintain documentation of the licensure of the | ||||||
15 | commercial device; and | ||||||
16 | (3) Provide a copy of the license of the commercial | ||||||
17 | device to the Commission Department of Agriculture for | ||||||
18 | review upon request. | ||||||
19 | (n) It is the responsibility of the Commission Department | ||||||
20 | to ensure that packaging and labeling requirements, including | ||||||
21 | product warnings, are enforced at all times for products | ||||||
22 | provided to purchasers. Product registration requirements and | ||||||
23 | container requirements may be modified by rule by the | ||||||
24 | Commission Department of Agriculture . | ||||||
25 | (o) Labeling, including warning labels, may be modified by | ||||||
26 | rule by the Commission Department of Agriculture .
|
| |||||||
| |||||||
1 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; | ||||||
2 | 102-98, eff. 7-15-21.) | ||||||
3 | (410 ILCS 705/55-30)
| ||||||
4 | Sec. 55-30. Confidentiality. | ||||||
5 | (a) Information provided by the cannabis business | ||||||
6 | establishment licensees or applicants to the Commission | ||||||
7 | Department of Agriculture , the Department of Public Health, | ||||||
8 | the Department of Financial and Professional Regulation, the | ||||||
9 | Department of Commerce and Economic Opportunity, or other | ||||||
10 | agency shall be limited to information necessary for the | ||||||
11 | purposes of administering this Act. The information is subject | ||||||
12 | to the provisions and limitations contained in the Freedom of | ||||||
13 | Information Act and may be disclosed in accordance with | ||||||
14 | Section 55-65. | ||||||
15 | (b) The following information received and records kept by | ||||||
16 | the Commission Department of Agriculture , the Department of | ||||||
17 | Public Health, and the Illinois State Police , and the | ||||||
18 | Department of Financial and Professional Regulation for | ||||||
19 | purposes of administering this Article are subject to all | ||||||
20 | applicable federal privacy laws, are confidential and exempt | ||||||
21 | from disclosure under the Freedom of Information Act, except | ||||||
22 | as provided in this Act, and not subject to disclosure to any | ||||||
23 | individual or public or private entity, except to the | ||||||
24 | Commission Department of Financial and Professional | ||||||
25 | Regulation, the Department of Agriculture , the Department of |
| |||||||
| |||||||
1 | Public Health, and the Illinois State Police as necessary to | ||||||
2 | perform official duties under this Article and to the Attorney | ||||||
3 | General as necessary to enforce the provisions of this Act. | ||||||
4 | The following information received and kept by the Commission | ||||||
5 | Department of Financial and Professional Regulation or the | ||||||
6 | Department of Agriculture may be disclosed to the Department | ||||||
7 | of Public Health, the Department of Agriculture, the | ||||||
8 | Department of Revenue, the Illinois State Police, or the | ||||||
9 | Attorney General upon proper request: | ||||||
10 | (1) Applications and renewals, their contents, and | ||||||
11 | supporting information submitted by or on behalf of | ||||||
12 | dispensing organizations, cannabis business | ||||||
13 | establishments, or Community College Cannabis Vocational | ||||||
14 | Program licensees, in compliance with this Article, | ||||||
15 | including their physical addresses; however, this does not | ||||||
16 | preclude the release of ownership information about | ||||||
17 | cannabis business establishment licenses, or information | ||||||
18 | submitted with an application required to be disclosed | ||||||
19 | pursuant to subsection (f); | ||||||
20 | (2) Any plans, procedures, policies, or other records | ||||||
21 | relating to cannabis business establishment security; and | ||||||
22 | (3) Information otherwise exempt from disclosure by | ||||||
23 | State or federal law. | ||||||
24 | Illinois or national criminal history record information, | ||||||
25 | or the nonexistence or lack of such information, may not be | ||||||
26 | disclosed by the Commission Department of Financial and |
| |||||||
| |||||||
1 | Professional Regulation or the Department of Agriculture , | ||||||
2 | except as necessary to the Attorney General to enforce this | ||||||
3 | Act. | ||||||
4 | (c) The name and address of a dispensing organization | ||||||
5 | licensed under this Act shall be subject to disclosure under | ||||||
6 | the Freedom of Information Act. The name and cannabis business | ||||||
7 | establishment address of the person or entity holding each | ||||||
8 | cannabis business establishment license shall be subject to | ||||||
9 | disclosure. | ||||||
10 | (d) All information collected by the Commission Department | ||||||
11 | of Financial and Professional Regulation or the Department of | ||||||
12 | Agriculture in the course of an examination, inspection, or | ||||||
13 | investigation of a licensee or applicant, including, but not | ||||||
14 | limited to, any complaint against a licensee or applicant | ||||||
15 | filed with the Commission Department of Financial and | ||||||
16 | Professional Regulation or the Department of Agriculture and | ||||||
17 | information collected to investigate any such complaint, shall | ||||||
18 | be maintained for the confidential use of the Commission | ||||||
19 | Department of Financial and Professional Regulation or the | ||||||
20 | Department of Agriculture and shall not be disclosed, except | ||||||
21 | as otherwise provided in this Act. A formal complaint against | ||||||
22 | a licensee by the Commission Department of Financial and | ||||||
23 | Professional Regulation or the Department of Agriculture or | ||||||
24 | any disciplinary order issued by the Commission Department of | ||||||
25 | Financial and Professional Regulation or the Department of | ||||||
26 | Agriculture against a licensee or applicant shall be a public |
| |||||||
| |||||||
1 | record, except as otherwise provided by law. Complaints from | ||||||
2 | consumers or members of the general public received regarding | ||||||
3 | a specific, named licensee or complaints regarding conduct by | ||||||
4 | unlicensed entities shall be subject to disclosure under the | ||||||
5 | Freedom of Information Act. | ||||||
6 | (e) The Commission and Department of Agriculture, the | ||||||
7 | Illinois State Police , and the Department of Financial and | ||||||
8 | Professional Regulation shall not share or disclose any | ||||||
9 | Illinois or national criminal history record information, or | ||||||
10 | the nonexistence or lack of such information, to any person or | ||||||
11 | entity not expressly authorized by this Act. | ||||||
12 | (f) The Commission Each Department responsible for | ||||||
13 | licensure under this Act shall publish on the Commission's | ||||||
14 | Department's website a list of the ownership information of | ||||||
15 | cannabis business establishment licensees under the | ||||||
16 | Commission's Department's jurisdiction. The list shall | ||||||
17 | include, but is not limited to: the name of the person or | ||||||
18 | entity holding each cannabis business establishment license; | ||||||
19 | and the address at which the entity is operating under this | ||||||
20 | Act. This list shall be published and updated monthly.
| ||||||
21 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; | ||||||
22 | 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; revised | ||||||
23 | 10-14-21.) | ||||||
24 | (410 ILCS 705/55-35)
| ||||||
25 | Sec. 55-35. Administrative rulemaking. |
| |||||||
| |||||||
1 | (a) No later than 180 days after the effective date of this | ||||||
2 | Act, the Commission Department of Agriculture , the Illinois | ||||||
3 | State Police, the Department of Financial and Professional | ||||||
4 | Regulation , the Department of Revenue, the Department of | ||||||
5 | Commerce and Economic Opportunity, and the Treasurer's Office | ||||||
6 | shall adopt permanent rules in accordance with their | ||||||
7 | responsibilities under this Act. The Commission Department of | ||||||
8 | Agriculture , the Illinois State Police, the Department of | ||||||
9 | Financial and Professional Regulation , the Department of | ||||||
10 | Revenue, and the Department of Commerce and Economic | ||||||
11 | Opportunity may adopt rules necessary to regulate personal | ||||||
12 | cannabis use through the use of emergency rulemaking in | ||||||
13 | accordance with subsection (gg) of Section 5-45 of the | ||||||
14 | Illinois Administrative Procedure Act. The General Assembly | ||||||
15 | finds that the adoption of rules to regulate cannabis use is | ||||||
16 | deemed an emergency and necessary for the public interest, | ||||||
17 | safety, and welfare. | ||||||
18 | (b) The Commission Department of Agriculture rules may | ||||||
19 | address, but are not limited to, the following matters related | ||||||
20 | to dispensing organizations, cultivation centers, craft | ||||||
21 | growers, infuser organizations, and transporting organizations | ||||||
22 | with the goal of protecting against diversion and theft, | ||||||
23 | without imposing an undue burden on the dispensing | ||||||
24 | organizations, cultivation centers, craft growers, infuser | ||||||
25 | organizations, or transporting organizations: | ||||||
26 | (1) oversight requirements for dispensing |
| |||||||
| |||||||
1 | organizations, cultivation centers, craft growers, infuser | ||||||
2 | organizations, and transporting organizations; | ||||||
3 | (2) recordkeeping requirements for dispensing | ||||||
4 | organizations, cultivation centers, craft growers, infuser | ||||||
5 | organizations, and transporting organizations; | ||||||
6 | (3) security requirements for dispensing | ||||||
7 | organizations, cultivation centers, craft growers, infuser | ||||||
8 | organizations, and transporting organizations, which shall | ||||||
9 | include that each dispensing organization, cultivation | ||||||
10 | center, craft grower, infuser organization, and | ||||||
11 | transporting organization location must be protected by a | ||||||
12 | fully operational security alarm system; | ||||||
13 | (4) standards for enclosed, locked facilities under | ||||||
14 | this Act; | ||||||
15 | (5) procedures for suspending or revoking the | ||||||
16 | identification cards of agents of dispensing | ||||||
17 | organizations, cultivation centers, craft growers, infuser | ||||||
18 | organizations, and transporting organizations that commit | ||||||
19 | violations of this Act or the rules adopted under this | ||||||
20 | Section; | ||||||
21 | (6) (Blank) rules concerning the intrastate | ||||||
22 | transportation of cannabis from a cultivation center, | ||||||
23 | craft grower, infuser organization, and transporting | ||||||
24 | organization to a dispensing organization ; | ||||||
25 | (7) standards concerning the dispensing, testing, | ||||||
26 | quality, cultivation, and processing of cannabis; and |
| |||||||
| |||||||
1 | (8) any other matters under oversight by the | ||||||
2 | Commission Department of Agriculture as are necessary for | ||||||
3 | the fair, impartial, stringent, and comprehensive | ||||||
4 | administration of this Act. | ||||||
5 | Commission rules addressing matters related to dispensing | ||||||
6 | organizations shall be adopted with the goal of protecting | ||||||
7 | against diversion and theft, without imposing an undue burden | ||||||
8 | on the dispensing organizations. | ||||||
9 | (c) (Blank). The Department of Financial and Professional | ||||||
10 | Regulation rules may address, but are not limited to, the | ||||||
11 | following matters related to dispensing organizations, with | ||||||
12 | the goal of protecting against diversion and theft, without | ||||||
13 | imposing an undue burden on the dispensing organizations: | ||||||
14 | (1) oversight requirements for dispensing | ||||||
15 | organizations; | ||||||
16 | (2) recordkeeping requirements for dispensing | ||||||
17 | organizations; | ||||||
18 | (3) security requirements for dispensing | ||||||
19 | organizations, which shall include that each dispensing | ||||||
20 | organization location must be protected by a fully | ||||||
21 | operational security alarm system; | ||||||
22 | (4) procedures for suspending or revoking the licenses | ||||||
23 | of dispensing organization agents that commit violations | ||||||
24 | of this Act or the rules adopted under this Act; | ||||||
25 | (5) any other matters under oversight by the | ||||||
26 | Department of Financial and Professional Regulation that |
| |||||||
| |||||||
1 | are necessary for the fair, impartial, stringent, and | ||||||
2 | comprehensive administration of this Act. | ||||||
3 | (d) The Department of Revenue rules may address, but are | ||||||
4 | not limited to, the following matters related to the payment | ||||||
5 | of taxes by cannabis business establishments: | ||||||
6 | (1) recording of sales; | ||||||
7 | (2) documentation of taxable income and expenses; | ||||||
8 | (3) transfer of funds for the payment of taxes; or | ||||||
9 | (4) any other matter under the oversight of the | ||||||
10 | Department of Revenue. | ||||||
11 | (e) The Department of Commerce and Economic Opportunity | ||||||
12 | rules may address, but are not limited to, a loan program or | ||||||
13 | grant program to assist Social Equity Applicants access the | ||||||
14 | capital needed to start a cannabis business establishment. The | ||||||
15 | names of recipients and the amounts of any moneys received | ||||||
16 | through a loan program or grant program shall be a public | ||||||
17 | record. | ||||||
18 | (f) The Illinois State Police rules may address | ||||||
19 | enforcement of its authority under this Act. The Illinois | ||||||
20 | State Police shall not make rules that infringe on the | ||||||
21 | exclusive authority of the Commission Department of Financial | ||||||
22 | and Professional Regulation or the Department of Agriculture | ||||||
23 | over licensees under this Act. | ||||||
24 | (g) The Department of Human Services shall develop and | ||||||
25 | disseminate: | ||||||
26 | (1) educational information about the health risks |
| |||||||
| |||||||
1 | associated with the use of cannabis; and | ||||||
2 | (2) one or more public education campaigns in | ||||||
3 | coordination with local health departments and community | ||||||
4 | organizations, including one or more prevention campaigns | ||||||
5 | directed at children, adolescents, parents, and pregnant | ||||||
6 | or breastfeeding women, to inform them of the potential | ||||||
7 | health risks associated with intentional or unintentional | ||||||
8 | cannabis use.
| ||||||
9 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; | ||||||
10 | 102-538, eff. 8-20-21.) | ||||||
11 | (410 ILCS 705/55-40)
| ||||||
12 | Sec. 55-40. Enforcement. | ||||||
13 | (a) If the Commission Department of Agriculture , Illinois | ||||||
14 | State Police, Department of Financial and Professional | ||||||
15 | Regulation, Department of Commerce and Economic Opportunity, | ||||||
16 | or Department of Revenue fails to adopt rules to implement | ||||||
17 | this Act within the times provided in this Act, any citizen may | ||||||
18 | commence a mandamus action in the circuit court to compel the | ||||||
19 | agencies to perform the actions mandated under Section 55-35. | ||||||
20 | (b) If the Commission Department of Agriculture or the | ||||||
21 | Department of Financial and Professional Regulation fails to | ||||||
22 | issue a valid agent identification card in response to a valid | ||||||
23 | initial application or renewal application submitted under | ||||||
24 | this Act or fails to issue a verbal or written notice of denial | ||||||
25 | of the application within 30 days of its submission, the agent |
| |||||||
| |||||||
1 | identification card is deemed granted and a copy of the agent | ||||||
2 | identification initial application or renewal application | ||||||
3 | shall be deemed a valid agent identification card. | ||||||
4 | (c) Authorized employees of State or local law enforcement | ||||||
5 | agencies shall immediately notify the Commission Department of | ||||||
6 | Agriculture and the Department of Financial and Professional | ||||||
7 | Regulation when any person in possession of an agent | ||||||
8 | identification card has been convicted of or pled guilty to | ||||||
9 | violating this Act.
| ||||||
10 | (Source: P.A. 101-27, eff. 6-25-19; 102-538, eff. 8-20-21.) | ||||||
11 | (410 ILCS 705/55-45)
| ||||||
12 | Sec. 55-45. Administrative hearings. | ||||||
13 | (a) Administrative hearings related to the duties and | ||||||
14 | responsibilities assigned to the Department of Public Health | ||||||
15 | shall be conducted under the Department of Public Health's | ||||||
16 | rules governing administrative hearings. | ||||||
17 | (b) (Blank). Administrative hearings related to the duties | ||||||
18 | and responsibilities assigned to the Department of Financial | ||||||
19 | and Professional Regulation and dispensing organization agents | ||||||
20 | shall be conducted under the Department of Financial and | ||||||
21 | Professional Regulation's rules governing administrative | ||||||
22 | hearings. | ||||||
23 | (c) (Blank). Administrative hearings related to the duties | ||||||
24 | and responsibilities assigned to the Department of | ||||||
25 | Agriculture, cultivation centers, or cultivation center agents |
| |||||||
| |||||||
1 | shall be conducted under the Department of Agriculture's rules | ||||||
2 | governing administrative hearings.
| ||||||
3 | (d) Administrative hearings related to the duties and | ||||||
4 | responsibilities assigned to the Commission, dispensing | ||||||
5 | organizations, cultivation centers, or their agents shall be | ||||||
6 | conducted under the Commission's rules governing | ||||||
7 | administrative hearings. | ||||||
8 | (Source: P.A. 101-27, eff. 6-25-19.) | ||||||
9 | (410 ILCS 705/55-50)
| ||||||
10 | Sec. 55-50. Petition for rehearing. Within 20 days after | ||||||
11 | the service of any order or decision of the Department of | ||||||
12 | Public Health, the Commission Department of Agriculture, the | ||||||
13 | Department of Financial and Professional Regulation , or the | ||||||
14 | Illinois State Police upon any party to the proceeding, the | ||||||
15 | party may apply for a rehearing in respect to any matters | ||||||
16 | determined by them under this Act, except for decisions made | ||||||
17 | under the Cannabis Cultivation Privilege Tax Law, the Cannabis | ||||||
18 | Purchaser Excise Tax Law, the County Cannabis Retailers' | ||||||
19 | Occupation Tax Law, and the Municipal Cannabis Retailers' | ||||||
20 | Occupation Tax Law, which shall be governed by the provisions | ||||||
21 | of those Laws. If a rehearing is granted, an agency shall hold | ||||||
22 | the rehearing and render a decision within 30 days from the | ||||||
23 | filing of the application for rehearing with the agency. The | ||||||
24 | time for holding such rehearing and rendering a decision may | ||||||
25 | be extended for a period not to exceed 30 days, for good cause |
| |||||||
| |||||||
1 | shown, and by notice in writing to all parties of interest. If | ||||||
2 | an agency fails to act on the application for rehearing within | ||||||
3 | 30 days, or the date the time for rendering a decision was | ||||||
4 | extended for good cause shown, the order or decision of the | ||||||
5 | agency is final. No action for the judicial review of any order | ||||||
6 | or decision of an agency shall be allowed unless the party | ||||||
7 | commencing such action has first filed an application for a | ||||||
8 | rehearing and the agency has acted or failed to act upon the | ||||||
9 | application. Only one rehearing may be granted by an agency on | ||||||
10 | application of any one party.
| ||||||
11 | (Source: P.A. 101-27, eff. 6-25-19; 102-538, eff. 8-20-21.) | ||||||
12 | (410 ILCS 705/55-55)
| ||||||
13 | Sec. 55-55. Review of administrative decisions. All final | ||||||
14 | administrative decisions of the Department of Public Health, | ||||||
15 | the Commission Department of Agriculture, the Department of | ||||||
16 | Financial and Professional Regulation , and the Illinois State | ||||||
17 | Police are subject to judicial review under the Administrative | ||||||
18 | Review Law and the rules adopted under that Law. The term | ||||||
19 | "administrative decision" is defined as in Section 3-101 of | ||||||
20 | the Code of Civil Procedure.
| ||||||
21 | (Source: P.A. 101-27, eff. 6-25-19; 102-538, eff. 8-20-21.) | ||||||
22 | (410 ILCS 705/55-60)
| ||||||
23 | Sec. 55-60. Suspension or revocation of a license. | ||||||
24 | (a) The Commission Department of Financial and |
| |||||||
| |||||||
1 | Professional Regulation or the Department of Agriculture may | ||||||
2 | suspend or revoke a license for a violation of this Act or a | ||||||
3 | rule adopted in accordance with this Act by the Department of | ||||||
4 | Agriculture and the Department of Financial and Professional | ||||||
5 | Regulation . | ||||||
6 | (b) The Commission Department of Agriculture and the | ||||||
7 | Department of Financial and Professional Regulation may | ||||||
8 | suspend or revoke an agent identification card for a violation | ||||||
9 | of this Act or a rule adopted in accordance with this Act.
| ||||||
10 | (Source: P.A. 101-27, eff. 6-25-19.) | ||||||
11 | (410 ILCS 705/55-65)
| ||||||
12 | Sec. 55-65. Financial institutions. | ||||||
13 | (a) A financial institution that provides financial | ||||||
14 | services customarily provided by financial institutions to a | ||||||
15 | cannabis business establishment authorized under this Act or | ||||||
16 | the Compassionate Use of Medical Cannabis Program Act , or to a | ||||||
17 | person that is affiliated with such cannabis business | ||||||
18 | establishment, is exempt from any criminal law of this State | ||||||
19 | as it relates to cannabis-related conduct authorized under | ||||||
20 | State law. | ||||||
21 | (b) Upon request of a financial institution, a cannabis | ||||||
22 | business establishment or proposed cannabis business | ||||||
23 | establishment may provide to the financial institution the | ||||||
24 | following information: | ||||||
25 | (1) Whether a cannabis business establishment with |
| |||||||
| |||||||
1 | which the financial institution is doing or is considering | ||||||
2 | doing business holds a license under this Act or the | ||||||
3 | Compassionate Use of Medical Cannabis Program Act ; | ||||||
4 | (2) The name of any other business or individual | ||||||
5 | affiliate with the cannabis business establishment; | ||||||
6 | (3) A copy of the application, and any supporting | ||||||
7 | documentation submitted with the application, for a | ||||||
8 | license or a permit submitted on behalf of the proposed | ||||||
9 | cannabis business establishment; | ||||||
10 | (4) If applicable, data relating to sales and the | ||||||
11 | volume of product sold by the cannabis business | ||||||
12 | establishment; | ||||||
13 | (5) Any past or pending violation by the person of | ||||||
14 | this Act , the Compassionate Use of Medical Cannabis | ||||||
15 | Program Act, or the rules adopted under these Acts where | ||||||
16 | applicable; and | ||||||
17 | (6) Any penalty imposed upon the person for violating | ||||||
18 | this Act , the Compassionate Use of Medical Cannabis | ||||||
19 | Program Act, or the rules adopted under these Acts. | ||||||
20 | (c) (Blank). | ||||||
21 | (d) (Blank). | ||||||
22 | (e) Information received by a financial institution under | ||||||
23 | this Section is confidential. Except as otherwise required or | ||||||
24 | permitted by this Act, State law or rule, or federal law or | ||||||
25 | regulation, a financial institution may not make the | ||||||
26 | information available to any person other than: |
| |||||||
| |||||||
1 | (1) the customer to whom the information applies; | ||||||
2 | (2) a trustee, conservator, guardian, personal | ||||||
3 | representative, or agent of the customer to whom the | ||||||
4 | information applies; a federal or State regulator when | ||||||
5 | requested in connection with an examination of the | ||||||
6 | financial institution or if otherwise necessary for | ||||||
7 | complying with federal or State law; | ||||||
8 | (3) a federal or State regulator when requested in | ||||||
9 | connection with an examination of the financial | ||||||
10 | institution or if otherwise necessary for complying with | ||||||
11 | federal or State law; and | ||||||
12 | (4) a third party performing services for the | ||||||
13 | financial institution, provided the third party is | ||||||
14 | performing such services under a written agreement that | ||||||
15 | expressly or by operation of law prohibits the third | ||||||
16 | party's sharing and use of such confidential information | ||||||
17 | for any purpose other than as provided in its agreement to | ||||||
18 | provide services to the financial institution.
| ||||||
19 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) | ||||||
20 | (410 ILCS 705/55-85)
| ||||||
21 | Sec. 55-85. Medical cannabis. | ||||||
22 | (a) Nothing in this Act shall be construed to limit any | ||||||
23 | privileges or rights of a medical cannabis patient including | ||||||
24 | minor patients, primary caregiver, medical cannabis | ||||||
25 | cultivation center, or medical cannabis dispensing |
| |||||||
| |||||||
1 | organization under the Compassionate Use of Medical Cannabis | ||||||
2 | Program Act, and where there is conflict between this Act and | ||||||
3 | the Compassionate Use of Medical Cannabis Program Act as they | ||||||
4 | relate to medical cannabis patients, the Compassionate Use of | ||||||
5 | Medical Cannabis Program Act shall prevail . | ||||||
6 | (b) Dispensary locations that obtain an Early Approval | ||||||
7 | Adult Use Dispensary Organization License or an Adult Use | ||||||
8 | Dispensary Organization License in accordance with this Act at | ||||||
9 | the same location as a medical cannabis dispensing | ||||||
10 | organization registered under the Compassionate Use of Medical | ||||||
11 | Cannabis Program Act shall maintain an inventory of medical | ||||||
12 | cannabis and medical cannabis products on a monthly basis that | ||||||
13 | is substantially similar in variety and quantity to the | ||||||
14 | products offered at the dispensary during the 6-month period | ||||||
15 | immediately before the effective date of this Act. | ||||||
16 | (c) Beginning June 30, 2020, the Commission Department of | ||||||
17 | Agriculture shall make a quarterly determination whether | ||||||
18 | inventory requirements established for dispensaries in | ||||||
19 | subsection (b) should be adjusted due to changing patient | ||||||
20 | need.
| ||||||
21 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) | ||||||
22 | (410 ILCS 705/65-5)
| ||||||
23 | Sec. 65-5. Definitions. In this Article: | ||||||
24 | "Adjusted delta-9-tetrahydrocannabinol level" means, for a | ||||||
25 | delta-9-tetrahydrocannabinol dominant product, the sum of the |
| |||||||
| |||||||
1 | percentage of delta-9-tetrahydrocannabinol plus .877 | ||||||
2 | multiplied by the percentage of tetrahydrocannabinolic acid. | ||||||
3 | "Cannabis" has the meaning given to that term in Article 1 | ||||||
4 | of this Act, except that it does not include cannabis that is | ||||||
5 | subject to tax under the Compassionate Use of Medical Cannabis | ||||||
6 | Program Act . | ||||||
7 | "Cannabis-infused product" means beverage food, oils, | ||||||
8 | ointments, tincture, topical formulation, or another product | ||||||
9 | containing cannabis that is not intended to be smoked. | ||||||
10 | "Cannabis retailer" means a dispensing organization that | ||||||
11 | sells cannabis for use and not for resale. | ||||||
12 | "Craft grower" has the meaning given to that term in | ||||||
13 | Article 1 of this Act. | ||||||
14 | "Department" means the Department of Revenue. | ||||||
15 | "Director" means the Director of Revenue. | ||||||
16 | "Dispensing organization" or "dispensary" has the meaning | ||||||
17 | given to that term in Article 1 of this Act. | ||||||
18 | "Person" means a natural individual, firm, partnership, | ||||||
19 | association, joint stock company, joint adventure, public or | ||||||
20 | private corporation, limited liability company, or a receiver, | ||||||
21 | executor, trustee, guardian, or other representative appointed | ||||||
22 | by order of any court. | ||||||
23 | "Infuser organization" or "infuser" means a facility | ||||||
24 | operated by an organization or business that is licensed by | ||||||
25 | the Commission Department of Agriculture to directly | ||||||
26 | incorporate cannabis or cannabis concentrate into a product |
| |||||||
| |||||||
1 | formulation to produce a cannabis-infused product. | ||||||
2 | "Purchase price" means the consideration paid for a | ||||||
3 | purchase of cannabis, valued in money, whether received in | ||||||
4 | money or otherwise, including cash, gift cards, credits, and | ||||||
5 | property and shall be determined without any deduction on | ||||||
6 | account of the cost of materials used, labor or service costs, | ||||||
7 | or any other expense whatsoever. However, "purchase price" | ||||||
8 | does not include consideration paid for: | ||||||
9 | (1) any charge for a payment that is not honored by a | ||||||
10 | financial institution; | ||||||
11 | (2) any finance or credit charge, penalty or charge | ||||||
12 | for delayed payment, or discount for prompt payment; and | ||||||
13 | (3) any amounts added to a purchaser's bill because of | ||||||
14 | charges made under the tax imposed by this Article, the | ||||||
15 | Municipal Cannabis Retailers' Occupation Tax Law, the | ||||||
16 | County Cannabis Retailers' Occupation Tax Law, the | ||||||
17 | Retailers' Occupation Tax Act, the Use Tax Act, the | ||||||
18 | Service Occupation Tax Act, the Service Use Tax Act, or | ||||||
19 | any locally imposed occupation or use tax. | ||||||
20 | "Purchaser" means a person who acquires cannabis for a | ||||||
21 | valuable consideration. | ||||||
22 | "Taxpayer" means a cannabis retailer who is required to | ||||||
23 | collect the tax imposed under this Article.
| ||||||
24 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) | ||||||
25 | (410 ILCS 705/Art. 70 heading new) |
| |||||||
| |||||||
1 | ARTICLE 70. License and Regulation of Cannabis Business | ||||||
2 | Establishments. | ||||||
3 | (410 ILCS 705/70-5 new) | ||||||
4 | Sec. 70-5. Definition. In this Act, "Commission" means the | ||||||
5 | Cannabis Equity and Oversight Commission. | ||||||
6 | (410 ILCS 705/70-10 new) | ||||||
7 | Sec. 70-10. Authority. | ||||||
8 | (a) The Commission has the authority to administer and | ||||||
9 | enforce provisions of this Act relating to the oversight, | ||||||
10 | licensing, and registration of dispensing organizations, | ||||||
11 | cultivation centers, craft growers, infuser organizations, | ||||||
12 | transporting organizations, and laboratories as well as any | ||||||
13 | other activity related to cannabis. | ||||||
14 | (b) The Commission shall have the authority to adopt such | ||||||
15 | rules consistent with the provisions of this Act that are | ||||||
16 | necessary to carry on its functions and duties to administer | ||||||
17 | and enforce this Act. Prior to issuing licenses under | ||||||
18 | subsection (a), the Commission may adopt rules through | ||||||
19 | emergency rulemaking in accordance with subsection (kk) of | ||||||
20 | Section 5-45 of the Illinois Administrative Procedure Act. The | ||||||
21 | General Assembly finds that the adoption of rules to regulate | ||||||
22 | cannabis use is deemed an emergency and necessary for the | ||||||
23 | public interest, safety, and welfare. | ||||||
24 | (c) The Commission, the Department of Financial and |
| |||||||
| |||||||
1 | Professional Regulation, and the Department of Agriculture | ||||||
2 | have the authority to enter into intergovernmental agreements | ||||||
3 | to carry out the licensure and oversight of cannabis business | ||||||
4 | establishments under this Act, shall collaborate and | ||||||
5 | coordinate on adopting rules that are necessary to carry out | ||||||
6 | the functions and duties of this Act. | ||||||
7 | (410 ILCS 705/70-15 new) | ||||||
8 | Sec. 70-15. Authority over licenses; authority to issue | ||||||
9 | licenses. | ||||||
10 | (a) Notwithstanding any other provision of law, the | ||||||
11 | Commission shall have authority over the following licenses | ||||||
12 | that may be in various phases in the licensing process, are | ||||||
13 | eligible, pending, in the conditional phase, awarded, or | ||||||
14 | pending adjudication by a judicial process, or have otherwise | ||||||
15 | not been awarded on or after July 1, 2022: | ||||||
16 | (1) The 75 Conditional Adult Use Dispensing | ||||||
17 | Organization licenses eligible for award as determined by | ||||||
18 | a Tied Applicant Lottery under Section 15-30.20. | ||||||
19 | (2) The 55 Conditional Adult Use Dispensing | ||||||
20 | Organization Licenses eligible for award as determined by | ||||||
21 | a Qualifying Applicant Lottery under Section 15-35.10. | ||||||
22 | (3) The 55 Conditional Adult Use Dispensing | ||||||
23 | Organization Licenses eligible for award as determined by | ||||||
24 | a Social Equity Justice Involved Lottery under Section | ||||||
25 | 15-35. |
| |||||||
| |||||||
1 | (4) Conditional Adult Use Dispensing Organization | ||||||
2 | Licenses eligible for award under Section 15-35.20. | ||||||
3 | (5) Cultivation center licenses eligible for award | ||||||
4 | under Section 20-10 of the Act. | ||||||
5 | (6) The Craft grower licenses eligible for award under | ||||||
6 | Section 30-5 of the Act. | ||||||
7 | (7) The Infuser licenses eligible for award under | ||||||
8 | Section 35-5 of the Act; and | ||||||
9 | (8) Transporting organization licenses eligible for | ||||||
10 | award under Section 40-5 of the Act. | ||||||
11 | (b) Subject to subsection (c), the Commission has the | ||||||
12 | exclusive authority to issue licenses to dispensing | ||||||
13 | organizations, cultivation centers, craft growers, infusers, | ||||||
14 | and transporter organizations under this Act and to certify | ||||||
15 | laboratories under this Act. | ||||||
16 | (c) The Commission may only issue the following licenses | ||||||
17 | in the following amounts: | ||||||
18 | (1) Dispensing organization licenses under Section | ||||||
19 | 15-5, except that at no time may the number of dispensing | ||||||
20 | organization licenses exceed 500. | ||||||
21 | (2) Cultivation center licenses under Section 20-10, | ||||||
22 | except that at no time may the number of cultivation | ||||||
23 | center licenses exceed 30. | ||||||
24 | (3) Craft grower licenses under Section 30-5, except | ||||||
25 | that at no time may the number of craft grower licenses | ||||||
26 | exceed 150. |
| |||||||
| |||||||
1 | (410 ILCS 705/70-20 new) | ||||||
2 | Sec. 70-20. Licensing applications and denials. | ||||||
3 | (a) The Commission shall establish applications for | ||||||
4 | licensure of dispensing organizations, cultivation centers, | ||||||
5 | craft growers, infusers, transporting organizations under this | ||||||
6 | Act and for certification of laboratories under this Act. | ||||||
7 | (b) Notwithstanding any other provisions regarding | ||||||
8 | applications for cannabis business establishments, the | ||||||
9 | Commission may adopt rules to develop (i) applications for | ||||||
10 | licensure of dispensing organizations, cultivation centers, | ||||||
11 | craft growers, infusers, transporting organizations under this | ||||||
12 | Act, (ii) applications for certification of laboratories under | ||||||
13 | this Act, and (iii) a process for issuing licenses and | ||||||
14 | certifications under this Act. The rules shall include, at a | ||||||
15 | minimum, the following: | ||||||
16 | (1) A nonrefundable application fee set by rule to be | ||||||
17 | deposited into the Cannabis Regulation Fund. | ||||||
18 | (2) The legal name of the organization seeking a | ||||||
19 | license to operate as a cannabis business establishment. | ||||||
20 | (3) The name, address, social security number, and | ||||||
21 | date of birth of each principal officer and board member | ||||||
22 | of the organization seeking a license to operate as a | ||||||
23 | cannabis business establishment. | ||||||
24 | (4) A verification from the Illinois State Police that | ||||||
25 | all background checks of the prospective principal |
| |||||||
| |||||||
1 | officers, board members, and agents of the applicant have | ||||||
2 | been conducted. | ||||||
3 | (5) A verification from the Department of Revenue that | ||||||
4 | the applicant and the applicant's principal officers, | ||||||
5 | board members, and persons having a financial or voting | ||||||
6 | interest of 5% or greater in the applicant is not | ||||||
7 | delinquent in filing any required tax returns or paying | ||||||
8 | any amounts owed to the State of Illinois. | ||||||
9 | (6) To establish criteria for the denial of an | ||||||
10 | application, which shall include, at a minimum, the | ||||||
11 | following: | ||||||
12 | (A) The applicant failed to submit the materials | ||||||
13 | required by the licensing application, this Act, or | ||||||
14 | any rules adopted under this Act. | ||||||
15 | (B) The applicant would not be in compliance with | ||||||
16 | local zoning rules. | ||||||
17 | (C) Any of the applicant's prospective principal | ||||||
18 | officers or board members have violated Section 20-30. | ||||||
19 | (D) Any of the applicant's prospective principal | ||||||
20 | officers or board members are under 21 years of age. | ||||||
21 | (E) The applicant has submitted an application | ||||||
22 | under this Act that contains false information. | ||||||
23 | (F) The applicant, any of the applicant's | ||||||
24 | principal officers, board members, or agents, or any | ||||||
25 | person having a financial or voting interest of 5% or | ||||||
26 | greater in the applicant is delinquent in filing any |
| |||||||
| |||||||
1 | required tax returns or paying any amounts owed to the | ||||||
2 | State of Illinois. | ||||||
3 | (G) Granting the application would result in a | ||||||
4 | person or entity obtaining direct or indirect | ||||||
5 | financial interest in more than 10 Early Approval | ||||||
6 | Adult Use Dispensing Organization Licenses, | ||||||
7 | Conditional Adult Use Dispensing Organization | ||||||
8 | Licenses, Adult Use Dispensing Organization Licenses, | ||||||
9 | or any combination thereof. If a person or entity is | ||||||
10 | awarded a license that would cause such a result, the | ||||||
11 | applicant shall choose which license application it | ||||||
12 | wants to abandon and that license shall become | ||||||
13 | available to the next qualified applicant in the | ||||||
14 | region in which the abandoned license was awarded. | ||||||
15 | | ||||||
16 | (410 ILCS 705/70-25 new) | ||||||
17 | Sec. 70-25. Rules amending operational requirements or | ||||||
18 | prohibitions. The Commission may adopt rules to amend the | ||||||
19 | operational requirements or prohibited activities of cannabis | ||||||
20 | business establishments provided under this Act. | ||||||
21 | (410 ILCS 705/70-30 new) | ||||||
22 | Sec. 70-30. Ownership and control; changes in ownership; | ||||||
23 | changes to management agreements. | ||||||
24 | (a) Cannabis business establishment applicants and |
| |||||||
| |||||||
1 | licensees shall file and maintain a Table of Organization, | ||||||
2 | Ownership and Control with the Commission. The Table of | ||||||
3 | Organization, Ownership and Control shall contain the | ||||||
4 | information required by this Section in sufficient detail to | ||||||
5 | identify all owners, directors, and principal officers, and | ||||||
6 | the title of each principal officer or business entity that, | ||||||
7 | through direct or indirect means, manages, owns, or controls | ||||||
8 | the applicant or licensee. | ||||||
9 | (b) The Table of Organization, Ownership, and Control | ||||||
10 | shall identify the following information: | ||||||
11 | (1) The management structure, ownership, and control | ||||||
12 | of the applicant or license holder including the name of | ||||||
13 | each principal officer or business entity, the office or | ||||||
14 | position held, and the percentage ownership interest, if | ||||||
15 | any. If the business entity has a parent company, the name | ||||||
16 | of each owner, board member, and officer of the parent | ||||||
17 | company and his or her percentage ownership interest in | ||||||
18 | the parent company and the infuser organization. | ||||||
19 | (2) If the applicant or licensee is a business entity | ||||||
20 | with publicly traded stock, the identification of | ||||||
21 | ownership shall be provided as required in subsection (c). | ||||||
22 | (c) If a business entity identified in subsection (b) is a | ||||||
23 | publicly traded company, the following information shall be | ||||||
24 | provided in the Table of Organization, Ownership, and Control: | ||||||
25 | (1) The name and percentage of ownership interest of | ||||||
26 | each individual or business entity with ownership of more |
| |||||||
| |||||||
1 | than 5% of the voting shares of the entity, to the extent | ||||||
2 | such information is known or contained in 13D or 13G | ||||||
3 | Securities and Exchange Commission filings. | ||||||
4 | (2) To the extent known, the names and percentage of | ||||||
5 | interest of ownership of persons who are relatives of one | ||||||
6 | another and who together exercise control over or own more | ||||||
7 | than 10% of the voting shares of the entity. | ||||||
8 | (d) A cannabis business establishment with a parent | ||||||
9 | company or companies, or partially owned or controlled by | ||||||
10 | another entity must disclose to the Commission the | ||||||
11 | relationship and all owners, board members, officers, or | ||||||
12 | individuals with control or management of those entities. A | ||||||
13 | Cannabis business establishment organization shall not shield | ||||||
14 | its ownership or control from the Commission. | ||||||
15 | (e) All principal officers must submit a complete online | ||||||
16 | application with the Commission within 14 days of the cannabis | ||||||
17 | business establishment being licensed by the Commission or | ||||||
18 | within 14 days of the Commission's notice of approval as a new | ||||||
19 | principal officer. | ||||||
20 | (f) A principal officer may not allow their registration | ||||||
21 | to expire. | ||||||
22 | (g) A cannabis business establishment separating with a | ||||||
23 | principal officer must do so under this Act. The principal | ||||||
24 | officer must communicate the separation to the Commission | ||||||
25 | within 5 business days. | ||||||
26 | (h) A principal officer not in compliance with the |
| |||||||
| |||||||
1 | requirements of this Act shall be removed from their position | ||||||
2 | with the cannabis business establishment or shall otherwise | ||||||
3 | terminate their affiliation. Failure to do so may subject the | ||||||
4 | cannabis business establishment to discipline, suspension, or | ||||||
5 | revocation of its license by the Commission. | ||||||
6 | (i) It is the responsibility of the cannabis business | ||||||
7 | establishment organization and its principal officers to | ||||||
8 | promptly notify the Commission of any change of the principal | ||||||
9 | place of business address, hours of operation, change in | ||||||
10 | ownership or control, or a change of the cannabis business | ||||||
11 | establishment's primary or secondary contact information. Any | ||||||
12 | changes must be made to the Department in writing. | ||||||
13 | A cannabis business establishment may only add principal | ||||||
14 | officers and changing the management after being approved by | ||||||
15 | the Commission. | ||||||
16 | A cannabis business establishment shall provide written | ||||||
17 | notice of the removal of a principal officer within 5 business | ||||||
18 | days after removal. The notice shall include the written | ||||||
19 | agreement of the principal officer being removed, unless | ||||||
20 | otherwise approved by the Commission, and allocation of | ||||||
21 | ownership shares after removal in an updated ownership chart. | ||||||
22 | A cannabis business establishment shall provide a written | ||||||
23 | request to the Commission for the addition of principal | ||||||
24 | officers. A cannabis business establishment shall submit | ||||||
25 | proposed principal officer applications on forms approved by | ||||||
26 | the Commission. |
| |||||||
| |||||||
1 | All proposed new principal officers shall be subject to | ||||||
2 | the requirements of this Act, this Article, and any rules that | ||||||
3 | may be adopted pursuant to this Act. | ||||||
4 | The Commission may prohibit the addition of a principal | ||||||
5 | officer to a cannabis business establishment for failure to | ||||||
6 | comply with this Act, this Article, and any rules that may be | ||||||
7 | adopted pursuant to this Act. | ||||||
8 | A cannabis business establishment may not assign a | ||||||
9 | license. | ||||||
10 | A cannabis business establishment may not transfer a | ||||||
11 | license without prior Commission approval. | ||||||
12 | Such approval may be withheld if the person to whom the | ||||||
13 | license is being transferred does not commit to the same or a | ||||||
14 | similar community engagement plan provided as part of the | ||||||
15 | dispensing organization's application under paragraph (18) of | ||||||
16 | subsection (d) of Section 15-25, and such transferee's license | ||||||
17 | shall be conditional upon that commitment. | ||||||
18 | With the addition or removal of principal officers, the | ||||||
19 | Commission will review the ownership structure to determine | ||||||
20 | whether the change in ownership has had the effect of a | ||||||
21 | transfer of the license. The cannabis business establishment | ||||||
22 | shall supply all ownership documents requested by the | ||||||
23 | Commission. | ||||||
24 | A cannabis business establishment may apply to the | ||||||
25 | Commission to approve a sale of the cannabis business | ||||||
26 | establishment. A request to sell the cannabis business |
| |||||||
| |||||||
1 | establishment must be on application forms provided by the | ||||||
2 | Commission. A request for an approval to sell a cannabis | ||||||
3 | business establishment must comply with the following: | ||||||
4 | (1) New application materials shall comply with this | ||||||
5 | Act and any rules that may be adopted pursuant to this Act; | ||||||
6 | (2) Application materials shall include a change of | ||||||
7 | ownership fee as determined by rule to be deposited into | ||||||
8 | the Cannabis Regulation Fund; | ||||||
9 | (3) The application materials shall provide proof that | ||||||
10 | the transfer of ownership will not have the effect of | ||||||
11 | granting any of the owners or principal officers direct or | ||||||
12 | indirect ownership or control of more than 10 cannabis | ||||||
13 | business establishment licenses; | ||||||
14 | (4) New principal officers shall each complete the | ||||||
15 | proposed new principal officer application; | ||||||
16 | (5) If the Commission approves the application | ||||||
17 | materials and proposed new principal officer applications, | ||||||
18 | it will perform an inspection before approving the sale | ||||||
19 | and issuing the dispensing organization license; | ||||||
20 | (6) If a new license is approved, the Commission will | ||||||
21 | issue a new license number and certificate to the new | ||||||
22 | dispensing organization. | ||||||
23 | (410 ILCS 705/Art. Art. 75 heading new) | ||||||
24 | Article 75. Compassionate Use of Medical Cannabis Program. |
| |||||||
| |||||||
1 | (410 ILCS 705/75-5 new)
| ||||||
2 | Sec. 75-5. Findings. | ||||||
3 | (a) The recorded use of cannabis as a medicine goes back | ||||||
4 | nearly 5,000 years. Modern medical research has confirmed the | ||||||
5 | beneficial uses of cannabis in treating or alleviating the | ||||||
6 | pain, nausea, and other symptoms associated with a variety of | ||||||
7 | debilitating medical conditions, including cancer, multiple | ||||||
8 | sclerosis, and HIV/AIDS, as found by the National Academy of | ||||||
9 | Sciences' Institute of Medicine in March 1999. | ||||||
10 | (b) Studies published since the 1999 Institute of Medicine | ||||||
11 | report continue to show the therapeutic value of cannabis in | ||||||
12 | treating a wide array of debilitating medical conditions. | ||||||
13 | These include relief of the neuropathic pain caused by | ||||||
14 | multiple sclerosis, HIV/AIDS, and other illnesses that often | ||||||
15 | fail to respond to conventional treatments and relief of | ||||||
16 | nausea, vomiting, and other side effects of drugs used to | ||||||
17 | treat HIV/AIDS and hepatitis C, increasing the chances of | ||||||
18 | patients continuing on life-saving treatment regimens. | ||||||
19 | (c) Cannabis has many currently accepted medical uses in | ||||||
20 | the United States, having been recommended by thousands of | ||||||
21 | licensed physicians to at least 600,000 patients in states | ||||||
22 | with medical cannabis laws. The medical utility of cannabis is | ||||||
23 | recognized by a wide range of medical and public health | ||||||
24 | organizations, including the American Academy of HIV Medicine, | ||||||
25 | the American College of Physicians, the American Nurses | ||||||
26 | Association, the American Public Health Association, the |
| |||||||
| |||||||
1 | Leukemia & Lymphoma Society, and many others. | ||||||
2 | (d) Data from the Federal Bureau of Investigation's | ||||||
3 | Uniform Crime Reports and the Compendium of Federal Justice | ||||||
4 | Statistics show that approximately 99 out of every 100 | ||||||
5 | cannabis arrests in the U.S. are made under state law, rather | ||||||
6 | than under federal law. Consequently, changing State law will | ||||||
7 | have the practical effect of protecting from arrest the vast | ||||||
8 | majority of seriously ill patients who have a medical need to | ||||||
9 | use cannabis. | ||||||
10 | (d-5) In 2014, the Task Force on Veterans' Suicide was | ||||||
11 | created by the Illinois General Assembly to gather data on | ||||||
12 | veterans' suicide prevention. Data from a U.S. Department of | ||||||
13 | Veterans Affairs study indicates that 22 veterans commit | ||||||
14 | suicide each day. | ||||||
15 | (d-10) According to the State of Illinois Opioid Action
| ||||||
16 | Plan released in September 2017, "The opioid epidemic is the
| ||||||
17 | most significant public health and public safety crisis facing
| ||||||
18 | Illinois".
According to the Action Plan, "Fueled by the | ||||||
19 | growing opioid
epidemic, drug overdoses have now become the | ||||||
20 | leading cause of
death nationwide for people under the age of | ||||||
21 | 50. In Illinois,
opioid overdoses have killed nearly 11,000 | ||||||
22 | people since 2008.
Just last year, nearly 1,900 people died of | ||||||
23 | overdoses—almost
twice the number of fatal car accidents. | ||||||
24 | Beyond these deaths
are thousands of emergency department | ||||||
25 | visits, hospital stays,
as well as the pain suffered by | ||||||
26 | individuals, families, and
communities". |
| |||||||
| |||||||
1 | According to the Action Plan, "At the current rate, the
| ||||||
2 | opioid epidemic will claim the lives of more than 2,700
| ||||||
3 | Illinoisans in 2020". | ||||||
4 | Further, the Action Plan states, "Physical tolerance to
| ||||||
5 | opioids can begin to develop as early as two to three days
| ||||||
6 | following the continuous use of opioids, which is a large
| ||||||
7 | factor that contributes to their addictive potential". | ||||||
8 | The 2017 State of Illinois Opioid Action Plan also states,
| ||||||
9 | "The increase in OUD [opioid use disorder] and opioid overdose
| ||||||
10 | deaths is largely due to the dramatic rise in the rate and
| ||||||
11 | amount of opioids prescribed for pain over the past decades". | ||||||
12 | Further, according to the Action Plan, "In the absence of
| ||||||
13 | alternative treatments, reducing the supply of prescription | ||||||
14 | opioids too abruptly may drive more people to switch to using
| ||||||
15 | illicit drugs (including heroin), thus increasing the risk of
| ||||||
16 | overdose". | ||||||
17 | (e) Alaska, Arizona, California, Colorado, Connecticut, | ||||||
18 | Delaware, Hawaii, Maine, Massachusetts, Michigan, Montana, | ||||||
19 | Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, | ||||||
20 | Washington, and Washington, D.C. have removed state-level | ||||||
21 | criminal penalties from the medical use and cultivation of | ||||||
22 | cannabis. Illinois joins in this effort for the health and | ||||||
23 | welfare of its citizens. | ||||||
24 | (f) States are not required to enforce federal law or | ||||||
25 | prosecute people for engaging in activities prohibited by | ||||||
26 | federal law. Therefore, compliance with this Act does not put |
| |||||||
| |||||||
1 | the State of Illinois in violation of federal law. | ||||||
2 | (g) State law should make a distinction between the | ||||||
3 | medical and non-medical uses of cannabis. Hence, the purpose | ||||||
4 | of this Article is to protect patients with debilitating | ||||||
5 | medical conditions, as well as their physicians and providers, | ||||||
6 | from arrest and prosecution, criminal and other penalties, and | ||||||
7 | property forfeiture if the patients engage in the medical use | ||||||
8 | of cannabis.
| ||||||
9 | (410 ILCS 705/75-7 new) | ||||||
10 | Sec. 75-7. Lawful user and lawful products. For the | ||||||
11 | purposes of this Article and to clarify the legislative | ||||||
12 | findings on the lawful use of cannabis: | ||||||
13 | (1) A cardholder under this Article shall not be | ||||||
14 | considered an unlawful user or addicted to narcotics | ||||||
15 | solely as a result of his or her qualifying patient or | ||||||
16 | designated caregiver status. | ||||||
17 | (2) All medical cannabis products purchased by a | ||||||
18 | qualifying patient at a licensed dispensing organization | ||||||
19 | shall be lawful products and a distinction shall be made | ||||||
20 | between medical and non-medical uses of cannabis as a | ||||||
21 | result of the qualifying patient's cardholder status, | ||||||
22 | provisional registration for qualifying patient cardholder | ||||||
23 | status, or participation in the Opioid Alternative Pilot | ||||||
24 | Program under the authorized use granted under State law. | ||||||
25 | (3) An individual with a provisional registration for |
| |||||||
| |||||||
1 | qualifying patient cardholder status, a qualifying patient | ||||||
2 | in the Compassionate Use of Medical Cannabis Program, or | ||||||
3 | an Opioid Alternative Pilot
Program participant under | ||||||
4 | Section 75-62 shall not be considered an unlawful user or | ||||||
5 | addicted
to narcotics solely as a result of his or her | ||||||
6 | application to or participation in the program.
| ||||||
7 | (410 ILCS 705/75-10 new)
| ||||||
8 | Sec. 75-10. Definitions. The following terms, as used in | ||||||
9 | this Article, shall have the meanings set forth in this | ||||||
10 | Section: | ||||||
11 | (a) "Adequate supply" means: | ||||||
12 | (1) 2.5 ounces of usable cannabis during a period of | ||||||
13 | 14 days and that is derived solely from an intrastate | ||||||
14 | source. | ||||||
15 | (2) Subject to the rules of the Commission, a patient | ||||||
16 | may apply for a waiver where a certifying health care | ||||||
17 | professional provides a substantial medical basis in a | ||||||
18 | signed, written statement asserting that, based on the | ||||||
19 | patient's medical history, in the certifying health care | ||||||
20 | professional's professional judgment, 2.5 ounces is an | ||||||
21 | insufficient adequate supply for a 14-day period to | ||||||
22 | properly alleviate the patient's debilitating medical | ||||||
23 | condition or symptoms associated with the debilitating | ||||||
24 | medical condition. | ||||||
25 | (3) This subsection may not be construed to authorize |
| |||||||
| |||||||
1 | the possession of more than 2.5 ounces at any time without | ||||||
2 | authority from the Commission. | ||||||
3 | (4) The pre-mixed weight of medical cannabis used in | ||||||
4 | making a cannabis infused product shall apply toward the | ||||||
5 | limit on the total amount of medical cannabis a registered | ||||||
6 | qualifying patient may possess at any one time. | ||||||
7 | (a-5) "Advanced practice registered nurse" means a person | ||||||
8 | who is licensed under the Nurse Practice Act as an advanced | ||||||
9 | practice registered nurse and has a controlled substances | ||||||
10 | license under Article III of the Illinois Controlled | ||||||
11 | Substances Act. | ||||||
12 | (d) "Cardholder" means a qualifying patient or a | ||||||
13 | designated caregiver who has been issued and possesses a valid | ||||||
14 | registry identification card by the Department of Public | ||||||
15 | Health. | ||||||
16 | (d-5) "Certifying health care professional" means a | ||||||
17 | physician, an advanced practice registered nurse, or a | ||||||
18 | physician assistant. | ||||||
19 | (h) "Debilitating medical condition" means one or more of | ||||||
20 | the following: | ||||||
21 | (1) cancer, glaucoma, positive status for human | ||||||
22 | immunodeficiency virus, acquired immune deficiency | ||||||
23 | syndrome, hepatitis C, amyotrophic lateral sclerosis, | ||||||
24 | Crohn's disease (including, but not limited to, ulcerative | ||||||
25 | colitis), agitation of Alzheimer's disease, | ||||||
26 | cachexia/wasting syndrome, muscular dystrophy, |
| |||||||
| |||||||
1 | fibromyalgia, spinal cord disease, including but not | ||||||
2 | limited to arachnoiditis, Tarlov cysts, hydromyelia, | ||||||
3 | syringomyelia, Rheumatoid arthritis, fibrous dysplasia, | ||||||
4 | spinal cord injury, traumatic brain injury and | ||||||
5 | post-concussion syndrome, Multiple Sclerosis, | ||||||
6 | Arnold-Chiari malformation and Syringomyelia, | ||||||
7 | Spinocerebellar Ataxia (SCA), Parkinson's, Tourette's, | ||||||
8 | Myoclonus, Dystonia, Reflex Sympathetic Dystrophy, RSD | ||||||
9 | (Complex Regional Pain Syndromes Type I), Causalgia, CRPS | ||||||
10 | (Complex Regional Pain Syndromes Type II), | ||||||
11 | Neurofibromatosis, Chronic Inflammatory Demyelinating | ||||||
12 | Polyneuropathy, Sjogren's syndrome, Lupus, Interstitial | ||||||
13 | Cystitis, Myasthenia Gravis, Hydrocephalus, nail-patella | ||||||
14 | syndrome, residual limb pain, seizures (including those | ||||||
15 | characteristic of epilepsy), post-traumatic stress | ||||||
16 | disorder (PTSD), autism, chronic pain, irritable bowel | ||||||
17 | syndrome, migraines, osteoarthritis, anorexia nervosa, | ||||||
18 | Ehlers-Danlos Syndrome, Neuro-Behcet's Autoimmune | ||||||
19 | Disease, neuropathy, polycystic kidney disease, superior | ||||||
20 | canal dehiscence syndrome, or the treatment of these | ||||||
21 | conditions; | ||||||
22 | (1.5) terminal illness with a diagnosis of 6 months or | ||||||
23 | less; if the terminal illness is not one of the qualifying | ||||||
24 | debilitating medical conditions, then the certifying | ||||||
25 | health care professional shall on the certification form | ||||||
26 | identify the cause of the terminal illness; or |
| |||||||
| |||||||
1 | (2) any other debilitating medical condition or its | ||||||
2 | treatment that is added by the Department of Public Health | ||||||
3 | by rule as provided in Section 75-45. | ||||||
4 | (i) "Designated caregiver" means a person who: (1) is at | ||||||
5 | least 21 years of age; (2) has agreed to assist with a | ||||||
6 | patient's medical use of cannabis; (3) has not been convicted | ||||||
7 | of an excluded offense; and (4) assists no more than one | ||||||
8 | registered qualifying patient with his or her medical use of | ||||||
9 | cannabis. | ||||||
10 | (l-10) "Illinois Cannabis Tracking System" means a | ||||||
11 | web-based system established and maintained by the Commission | ||||||
12 | that is available to the Department of Agriculture, the | ||||||
13 | Department of Financial and Professional Regulation, the | ||||||
14 | Illinois State Police, and registered medical cannabis | ||||||
15 | dispensing organizations on a 24-hour basis to upload written | ||||||
16 | certifications for Opioid Alternative Pilot Program | ||||||
17 | participants, to verify Opioid Alternative Pilot Program | ||||||
18 | participants, to verify Opioid Alternative Pilot Program | ||||||
19 | participants' available cannabis allotment and assigned | ||||||
20 | dispensary, and the tracking of the date of sale, amount, and | ||||||
21 | price of medical cannabis purchased by an Opioid Alternative | ||||||
22 | Pilot Program participant. | ||||||
23 | (m) "Medical cannabis cultivation center registration" | ||||||
24 | means a registration issued by the Department of Agriculture. | ||||||
25 | (n) "Medical cannabis container" means a sealed, | ||||||
26 | traceable, food compliant, tamper resistant, tamper evident |
| |||||||
| |||||||
1 | container, or package used for the purpose of containment of | ||||||
2 | medical cannabis from a cultivation center to a dispensing | ||||||
3 | organization. | ||||||
4 | (o) "Medical cannabis dispensing organization", or | ||||||
5 | "dispensing organization", or "dispensary organization" means | ||||||
6 | a facility operated by an organization or business that is | ||||||
7 | registered by the Commission to acquire medical cannabis from | ||||||
8 | a registered cultivation center for the purpose of dispensing | ||||||
9 | cannabis, paraphernalia, or related supplies and educational | ||||||
10 | materials to registered qualifying patients, individuals with | ||||||
11 | a provisional registration for qualifying patient cardholder | ||||||
12 | status, or an Opioid Alternative Pilot Program participant. | ||||||
13 | (p) "Medical cannabis dispensing organization agent" or | ||||||
14 | "dispensing organization agent" means a principal officer, | ||||||
15 | board member, employee, or agent of a registered medical | ||||||
16 | cannabis dispensing organization who is 21 years of age or | ||||||
17 | older and has not been convicted of an excluded offense. | ||||||
18 | (q) "Medical cannabis infused product" means food, oils, | ||||||
19 | ointments, or other products containing usable cannabis that | ||||||
20 | are not smoked. | ||||||
21 | (r) "Medical use" means the acquisition; administration; | ||||||
22 | delivery; possession; transfer; transportation; or use of | ||||||
23 | cannabis to treat or alleviate a registered qualifying | ||||||
24 | patient's debilitating medical condition or symptoms | ||||||
25 | associated with the patient's debilitating medical condition. | ||||||
26 | (r-5) "Opioid" means a narcotic drug or substance that is |
| |||||||
| |||||||
1 | a
Schedule II controlled substance under paragraph (1), (2), | ||||||
2 | (3),
or (5) of subsection (b) or under subsection (c) of | ||||||
3 | Section 206
of the Illinois Controlled Substances Act. | ||||||
4 | (r-10) "Opioid Alternative Pilot Program participant" | ||||||
5 | means an individual who has
received a valid written | ||||||
6 | certification to participate in the Opioid Alternative Pilot | ||||||
7 | Program for a medical condition for
which an opioid has been or | ||||||
8 | could be prescribed by a certifying health care professional
| ||||||
9 | based on generally accepted standards of care. | ||||||
10 | (s) "Physician" means a doctor of medicine or doctor of | ||||||
11 | osteopathy licensed under the Medical Practice Act of 1987 to | ||||||
12 | practice medicine and who has a controlled substances license | ||||||
13 | under Article III of the Illinois Controlled Substances Act. | ||||||
14 | It does not include a licensed practitioner under any other | ||||||
15 | Act including but not limited to the Illinois Dental Practice | ||||||
16 | Act. | ||||||
17 | (s-1) "Physician assistant" means a physician assistant | ||||||
18 | licensed under the Physician Assistant Practice Act of 1987 | ||||||
19 | and who has a controlled substances license under Article III | ||||||
20 | of the Illinois Controlled Substances Act. | ||||||
21 | (s-5) "Provisional registration" means a document issued | ||||||
22 | by the Commission to a qualifying patient who has submitted: | ||||||
23 | (1) an online application and paid a fee to participate in the | ||||||
24 | Compassionate Use of Medical Cannabis Program pending approval | ||||||
25 | or denial of the patient's application; or (2) a completed | ||||||
26 | application for terminal illness. |
| |||||||
| |||||||
1 | (t) "Qualifying patient" means a person who has been | ||||||
2 | diagnosed by a certifying health care professional as having a | ||||||
3 | debilitating medical condition. | ||||||
4 | (u) "Registered" means licensed, permitted, or otherwise | ||||||
5 | certified by the Commission. | ||||||
6 | (v) "Registry identification card" means a document issued | ||||||
7 | by the Commission that identifies a person as a registered | ||||||
8 | qualifying patient or registered designated caregiver. | ||||||
9 | (w) "Usable cannabis" means the seeds, leaves, buds, and | ||||||
10 | flowers of the cannabis plant and any mixture or preparation | ||||||
11 | thereof, but does not include the stalks, and roots of the | ||||||
12 | plant. It does not include the weight of any non-cannabis | ||||||
13 | ingredients combined with cannabis, such as ingredients added | ||||||
14 | to prepare a topical administration, food, or drink. | ||||||
15 | (x) "Verification system" means a Web-based system | ||||||
16 | established and maintained by the Commission, law enforcement | ||||||
17 | personnel, and registered medical cannabis dispensing | ||||||
18 | organization agents on a 24-hour basis for the verification of | ||||||
19 | registry
identification cards, the tracking of delivery of | ||||||
20 | medical cannabis to medical cannabis dispensing organizations, | ||||||
21 | and the tracking of the date of sale, amount, and price of | ||||||
22 | medical cannabis purchased by a registered qualifying patient. | ||||||
23 | (y) "Written certification" means a document dated and | ||||||
24 | signed by a certifying health care professional, stating (1) | ||||||
25 | that the qualifying patient has a debilitating medical | ||||||
26 | condition and specifying the debilitating medical condition |
| |||||||
| |||||||
1 | the qualifying patient has; and (2) that (A) the certifying | ||||||
2 | health care professional is treating or managing treatment of | ||||||
3 | the patient's debilitating medical condition; or (B) an Opioid | ||||||
4 | Alternative Pilot Program participant has a medical condition | ||||||
5 | for which opioids have been or could be prescribed. A written | ||||||
6 | certification shall be made only in the course of a bona fide | ||||||
7 | health care professional-patient relationship, after the | ||||||
8 | certifying health care professional has completed an | ||||||
9 | assessment of either a qualifying patient's medical history or | ||||||
10 | Opioid Alternative Pilot Program participant, reviewed | ||||||
11 | relevant records related to the patient's debilitating | ||||||
12 | condition, and conducted a physical examination. | ||||||
13 | (z) "Bona fide health care professional-patient | ||||||
14 | relationship" means a
relationship established at a hospital, | ||||||
15 | certifying health care professional's office, or other health | ||||||
16 | care facility in which the certifying health care professional | ||||||
17 | has an ongoing responsibility for the assessment, care, and | ||||||
18 | treatment of a
patient's debilitating medical condition or a | ||||||
19 | symptom of the
patient's debilitating medical condition. | ||||||
20 | A veteran who has received treatment at a VA hospital | ||||||
21 | shall be deemed to have a bona fide health care | ||||||
22 | professional-patient relationship with a VA certifying health | ||||||
23 | care professional if the patient has been seen for his or her | ||||||
24 | debilitating medical condition at the VA Hospital in | ||||||
25 | accordance with VA Hospital protocols. | ||||||
26 | A bona fide health care professional-patient relationship |
| |||||||
| |||||||
1 | under this subsection is a privileged communication within the | ||||||
2 | meaning of Section 8-802 of the Code of Civil Procedure.
| ||||||
3 | (410 ILCS 705/75-15 new)
| ||||||
4 | Sec. 75-15. Authority. | ||||||
5 | (a) It is the duty of the Commission to enforce the | ||||||
6 | following provisions of this Article unless otherwise provided | ||||||
7 | for by this Article: | ||||||
8 | (1) establish and maintain a confidential registry of | ||||||
9 | qualifying patients authorized to engage in the medical | ||||||
10 | use of cannabis and their caregivers; | ||||||
11 | (2) distribute educational materials about the health | ||||||
12 | benefits and risks associated with the use of cannabis and | ||||||
13 | prescription medications; | ||||||
14 | (3) adopt rules to administer the patient and | ||||||
15 | caregiver registration program; and | ||||||
16 | (4) adopt rules establishing food handling | ||||||
17 | requirements for cannabis-infused products that are | ||||||
18 | prepared for human consumption. | ||||||
19 | (b) It is the duty of the Commission to enforce the | ||||||
20 | provisions of this Article relating to the registration and | ||||||
21 | oversight of cultivation centers unless otherwise provided for | ||||||
22 | in this Article. | ||||||
23 | (c) It is the duty of the Commission to enforce the | ||||||
24 | provisions of this Article relating to the registration and | ||||||
25 | oversight of dispensing organizations unless otherwise |
| |||||||
| |||||||
1 | provided for in this Article. | ||||||
2 | (d) The Commission, the Department of Public Health, the | ||||||
3 | Department of Agriculture, or the Department of Financial and | ||||||
4 | Professional Regulation shall enter into intergovernmental | ||||||
5 | agreements, as necessary, to carry out the provisions of this | ||||||
6 | Article including, but not limited to, the provisions relating | ||||||
7 | to the registration and oversight of cultivation centers, | ||||||
8 | dispensing organizations, and qualifying patients and | ||||||
9 | caregivers. | ||||||
10 | (e) The Commission may suspend, revoke, or impose other | ||||||
11 | penalties upon a registration for violations of this Article | ||||||
12 | and any rules adopted in accordance thereto. The suspension or | ||||||
13 | revocation of, or imposition of any other penalty upon, a | ||||||
14 | registration is a final Agency action, subject to judicial | ||||||
15 | review. Jurisdiction and venue for judicial review are vested | ||||||
16 | in the Circuit Court.
| ||||||
17 | (410 ILCS 705/75-20 new)
| ||||||
18 | Sec. 75-20. Compassionate Use of Medical Cannabis Fund. | ||||||
19 | (a) There is created the Compassionate Use of Medical | ||||||
20 | Cannabis Fund in the State treasury to be used exclusively for | ||||||
21 | the direct and indirect costs associated with the | ||||||
22 | implementation, administration, and enforcement of this | ||||||
23 | Article. Funds in excess of the direct and indirect costs | ||||||
24 | associated with the implementation, administration, and | ||||||
25 | enforcement of this Article shall be used to fund crime |
| |||||||
| |||||||
1 | prevention programs. | ||||||
2 | (b) All monies collected under this Article shall be | ||||||
3 | deposited in the Compassionate Use of Medical Cannabis Fund in | ||||||
4 | the State treasury. All earnings received from investment of | ||||||
5 | monies in the Compassionate Use of Medical Cannabis Fund shall | ||||||
6 | be deposited in the Compassionate Use of Medical Cannabis | ||||||
7 | Fund. | ||||||
8 | (c) Notwithstanding any other law to the contrary, the | ||||||
9 | Compassionate Use of Medical Cannabis Fund is not subject to | ||||||
10 | sweeps, administrative charge-backs, or any other fiscal or | ||||||
11 | budgetary maneuver that would in any way transfer any amounts | ||||||
12 | from the Compassionate Use of Medical Cannabis Fund into any | ||||||
13 | other fund of the State with the exception for purposes to | ||||||
14 | support Social Equity Applicants, owners and programs or as | ||||||
15 | determined by the Commission.
| ||||||
16 | (410 ILCS 705/75-25 new)
| ||||||
17 | Sec. 75-25. Immunities and presumptions related to the | ||||||
18 | medical use of cannabis. | ||||||
19 | (a) A registered qualifying patient is not subject to | ||||||
20 | arrest, prosecution, or denial of any right or privilege, | ||||||
21 | including, but not limited to, civil penalty or disciplinary | ||||||
22 | action by an occupational or professional licensing board, for | ||||||
23 | the medical use of cannabis in accordance with this Article, | ||||||
24 | if the registered qualifying patient possesses an amount of | ||||||
25 | cannabis that does not exceed an adequate supply as defined in |
| |||||||
| |||||||
1 | subsection (a) of Section 75-10 of this Article of usable | ||||||
2 | cannabis and, where the registered qualifying patient is a | ||||||
3 | licensed professional, the use of cannabis does not impair | ||||||
4 | that licensed professional when he or she is engaged in the | ||||||
5 | practice of the profession for which he or she is licensed. | ||||||
6 | (b) A registered designated caregiver is not subject to | ||||||
7 | arrest, prosecution, or denial of any right or privilege, | ||||||
8 | including, but not limited to, civil penalty or disciplinary | ||||||
9 | action by an occupational or professional licensing board, for | ||||||
10 | acting in accordance with this Article to assist a registered | ||||||
11 | qualifying patient to whom he or she is connected through the | ||||||
12 | with the exception for purposes to support Social Equity | ||||||
13 | Applicants, owners and programs or as determined by the | ||||||
14 | Commission's registration process with the medical use of | ||||||
15 | cannabis if the designated caregiver possesses an amount of | ||||||
16 | cannabis that does not exceed an adequate supply as defined in | ||||||
17 | subsection (a) of Section 75-10 of this Article of usable | ||||||
18 | cannabis. A school nurse or school administrator is not | ||||||
19 | subject to arrest, prosecution, or denial of any right or | ||||||
20 | privilege, including, but not limited to, a civil penalty, for | ||||||
21 | acting in accordance with Section 22-33 of the School Code | ||||||
22 | relating to administering or assisting a student in | ||||||
23 | self-administering a medical cannabis infused product. The | ||||||
24 | total amount possessed between the qualifying patient and | ||||||
25 | caregiver shall not exceed the patient's adequate supply as | ||||||
26 | defined in subsection (a) of Section 75-10 of this Article. |
| |||||||
| |||||||
1 | (c) A registered qualifying patient or registered | ||||||
2 | designated caregiver is not subject to
arrest, prosecution, or | ||||||
3 | denial of any right or privilege, including, but not limited | ||||||
4 | to, civil penalty or disciplinary action by an occupational or | ||||||
5 | professional licensing board for possession of cannabis that | ||||||
6 | is incidental to medical use, but is not usable cannabis as | ||||||
7 | defined in this Article. | ||||||
8 | (d)(1) There is a rebuttable presumption that a registered | ||||||
9 | qualifying patient is engaged in, or a designated caregiver is | ||||||
10 | assisting with, the medical use of cannabis in accordance with | ||||||
11 | this Article if the qualifying patient or designated | ||||||
12 | caregiver: | ||||||
13 | (A) is in possession of a valid registry | ||||||
14 | identification card; and | ||||||
15 | (B) is in possession of an amount of cannabis that | ||||||
16 | does not exceed the amount allowed under subsection (a) of | ||||||
17 | Section 75-10. | ||||||
18 | (2) The presumption may be rebutted by evidence that | ||||||
19 | conduct related to cannabis was not for the purpose of | ||||||
20 | treating or alleviating the qualifying patient's debilitating | ||||||
21 | medical condition or symptoms associated with the debilitating | ||||||
22 | medical condition in compliance with this Article. | ||||||
23 | (e) A certifying health care professional is not subject | ||||||
24 | to arrest, prosecution, or penalty in any manner, or denial of | ||||||
25 | any right or privilege, including, but not limited to, civil | ||||||
26 | penalty or disciplinary action by the Medical Disciplinary |
| |||||||
| |||||||
1 | Board or by any other occupational or professional licensing | ||||||
2 | board, solely for providing written certifications or for | ||||||
3 | otherwise stating that, in the certifying health care | ||||||
4 | professional's professional opinion, a patient is likely to | ||||||
5 | receive therapeutic or palliative benefit from the medical use | ||||||
6 | of cannabis to treat or alleviate the patient's debilitating | ||||||
7 | medical condition or symptoms associated with the debilitating | ||||||
8 | medical condition, provided that nothing shall prevent a | ||||||
9 | professional licensing or disciplinary board from sanctioning | ||||||
10 | a certifying health care professional for: (1) issuing a | ||||||
11 | written certification to a patient who is not under the | ||||||
12 | certifying health care professional's care for a debilitating | ||||||
13 | medical condition; or (2) failing to properly evaluate a | ||||||
14 | patient's medical condition or otherwise violating the | ||||||
15 | standard of care for evaluating medical conditions. | ||||||
16 | (f) No person may be subject to arrest, prosecution, or | ||||||
17 | denial of any right or privilege, including, but not limited | ||||||
18 | to, civil penalty or disciplinary action by an occupational or | ||||||
19 | professional licensing board, solely for: (1) selling cannabis | ||||||
20 | paraphernalia to a cardholder upon presentation of an | ||||||
21 | unexpired registry identification card in the recipient's | ||||||
22 | name, if employed and registered as a dispensing agent by a | ||||||
23 | registered dispensing organization; (2) being in the presence | ||||||
24 | or vicinity of the medical use of cannabis as allowed under | ||||||
25 | this Article; or (3) assisting a registered qualifying patient | ||||||
26 | with the act of administering cannabis. |
| |||||||
| |||||||
1 | (g) A registered cultivation center is not subject to | ||||||
2 | prosecution; search or inspection, except by the with the | ||||||
3 | exception for purposes to support Social Equity Applicants, | ||||||
4 | owners and programs or as determined by the Commission or | ||||||
5 | State or local law enforcement under Section 75-130; seizure; | ||||||
6 | or penalty in any manner, or denial of any right or privilege, | ||||||
7 | including, but not limited to, civil penalty or disciplinary | ||||||
8 | action by a business licensing board or entity, for acting | ||||||
9 | under this Article and Commission rules to: acquire, possess, | ||||||
10 | cultivate, manufacture, deliver, transfer, transport, supply, | ||||||
11 | or sell cannabis to registered dispensing organizations. | ||||||
12 | (h) A registered cultivation center agent is not subject | ||||||
13 | to prosecution, search, or penalty in any manner, or denial of | ||||||
14 | any right or privilege, including, but not limited to, civil | ||||||
15 | penalty or disciplinary action by a business licensing board | ||||||
16 | or entity, for working or volunteering for a
registered | ||||||
17 | cannabis cultivation center under this Article and Commission | ||||||
18 | rules, including to perform the actions listed under | ||||||
19 | subsection (g). | ||||||
20 | (i) A registered dispensing organization is not subject to | ||||||
21 | prosecution; search or inspection, except by the Commission or | ||||||
22 | State or local law enforcement pursuant to Section 75-130; | ||||||
23 | seizure; or penalty in any manner, or denial of any right or | ||||||
24 | privilege, including, but not limited to, civil penalty or | ||||||
25 | disciplinary action by a business licensing board or entity, | ||||||
26 | for acting under this Article and Commission rules to: |
| |||||||
| |||||||
1 | acquire, possess, or dispense cannabis, or related supplies, | ||||||
2 | and educational materials to registered qualifying patients or | ||||||
3 | registered designated caregivers on behalf of registered | ||||||
4 | qualifying patients. | ||||||
5 | (j) A registered dispensing organization agent is not | ||||||
6 | subject to prosecution, search, or penalty in any manner, or | ||||||
7 | denial of any right or privilege, including, but not limited | ||||||
8 | to, civil penalty or disciplinary action by a business | ||||||
9 | licensing board or entity, for working or volunteering for a | ||||||
10 | dispensing organization under this Article and Department of | ||||||
11 | Financial and Professional Regulation rules, including to | ||||||
12 | perform the actions listed under subsection (i). | ||||||
13 | (k) Any cannabis, cannabis paraphernalia, illegal | ||||||
14 | property, or interest in legal property that is possessed, | ||||||
15 | owned, or used in connection with the medical use of cannabis | ||||||
16 | as allowed under this Article, or acts incidental to that use, | ||||||
17 | may not be seized or forfeited. this Article does not prevent | ||||||
18 | the seizure or forfeiture of cannabis exceeding the amounts | ||||||
19 | allowed under this Article, nor shall it prevent seizure or | ||||||
20 | forfeiture if the basis for the action is unrelated to the | ||||||
21 | cannabis that is possessed, manufactured, transferred, or used | ||||||
22 | under this Article. | ||||||
23 | (l) Mere possession of, or application for, a registry | ||||||
24 | identification card or registration certificate does not | ||||||
25 | constitute probable cause or reasonable suspicion, nor shall | ||||||
26 | it be used as the sole basis to support the search of the |
| |||||||
| |||||||
1 | person, property, or home of the person possessing or applying | ||||||
2 | for the registry identification card. The possession of, or | ||||||
3 | application for, a registry identification card does not | ||||||
4 | preclude the existence of probable cause if probable cause | ||||||
5 | exists on other grounds. | ||||||
6 | (m) Nothing in this Article shall preclude local or State | ||||||
7 | law enforcement agencies from searching a registered | ||||||
8 | cultivation center where there is probable cause to believe | ||||||
9 | that the criminal laws of this State have been violated and the | ||||||
10 | search is conducted in conformity with the Illinois | ||||||
11 | Constitution, the Constitution of the United States, and all | ||||||
12 | State statutes. | ||||||
13 | (n) Nothing in this Article shall preclude local or State | ||||||
14 | law enforcement agencies from searching a registered | ||||||
15 | dispensing organization where there is probable cause to | ||||||
16 | believe that the criminal laws of this State have been | ||||||
17 | violated and the search is conducted in conformity with the | ||||||
18 | Illinois Constitution, the Constitution of the United States, | ||||||
19 | and all State statutes. | ||||||
20 | (o) No individual employed by the State of Illinois shall | ||||||
21 | be subject to criminal or civil penalties for taking any | ||||||
22 | action in accordance with the provisions of this Article, when | ||||||
23 | the actions are within the scope of the individual's | ||||||
24 | employment. Representation and indemnification of State | ||||||
25 | employees shall be provided to State employees as set forth in | ||||||
26 | Section 2 of the State Employee Indemnification Act.
|
| |||||||
| |||||||
1 | (p) No law enforcement or correctional agency, nor any | ||||||
2 | individual employed by a law enforcement or correctional | ||||||
3 | agency, shall be subject to criminal or civil liability, | ||||||
4 | except for willful and wanton misconduct, as a result of | ||||||
5 | taking any action within the scope of the official duties of | ||||||
6 | the agency or individual to prohibit or prevent the possession | ||||||
7 | or use of cannabis by a cardholder incarcerated at a | ||||||
8 | correctional facility, jail, or municipal lockup facility, on | ||||||
9 | parole or mandatory supervised release, or otherwise under the | ||||||
10 | lawful jurisdiction of the agency or individual. | ||||||
11 | (410 ILCS 705/75-30 new)
| ||||||
12 | Sec. 75-30. Limitations and penalties. | ||||||
13 | (a) This Article does not permit any person to engage in, | ||||||
14 | and does not prevent the imposition of any civil, criminal, or | ||||||
15 | other penalties for engaging in, the following conduct: | ||||||
16 | (1) Undertaking any task under the influence of | ||||||
17 | cannabis, when doing so would constitute negligence, | ||||||
18 | professional malpractice, or professional misconduct; | ||||||
19 | (2) Possessing cannabis: | ||||||
20 | (A) except as provided under Section 22-33 of the | ||||||
21 | School Code, in a school bus; | ||||||
22 | (B) except as provided under Section 22-33 of the | ||||||
23 | School Code, on the grounds of any preschool or | ||||||
24 | primary or secondary school; | ||||||
25 | (C) in any correctional facility; |
| |||||||
| |||||||
1 | (D) in a vehicle under Section 11-502.1 of the | ||||||
2 | Illinois Vehicle Code; | ||||||
3 | (E) in a vehicle not open to the public unless the | ||||||
4 | medical cannabis is in a reasonably secured, sealed | ||||||
5 | container and reasonably inaccessible while the | ||||||
6 | vehicle is moving; or | ||||||
7 | (F) in a private residence that is used at any time | ||||||
8 | to provide licensed child care or other similar social | ||||||
9 | service care on the premises; | ||||||
10 | (3) Using cannabis: | ||||||
11 | (A) except as provided under Section 22-33 of the | ||||||
12 | School Code, in a school bus; | ||||||
13 | (B) except as provided under Section 22-33 of the | ||||||
14 | School Code, on the grounds of any preschool or | ||||||
15 | primary or secondary school; | ||||||
16 | (C) in any correctional facility; | ||||||
17 | (D) in any motor vehicle; | ||||||
18 | (E) in a private residence that is used at any time | ||||||
19 | to provide licensed child care or other similar social | ||||||
20 | service care on the premises; | ||||||
21 | (F) except as provided under Section 22-33 of the | ||||||
22 | School Code and Section 75-31 of this Article, in any | ||||||
23 | public place. "Public place" as used in this | ||||||
24 | subsection means any place where an individual could | ||||||
25 | reasonably be expected to be observed by others. A | ||||||
26 | "public place" includes all parts of buildings owned |
| |||||||
| |||||||
1 | in whole or in part, or leased, by the State or a local | ||||||
2 | unit of government. A "public place" does not include | ||||||
3 | a private residence unless the private residence is | ||||||
4 | used to provide licensed child care, foster care, or | ||||||
5 | other similar social service care on the premises. For | ||||||
6 | purposes of this subsection, a "public place" does not | ||||||
7 | include a health care facility. For purposes of this | ||||||
8 | Section, a "health care facility" includes, but is not | ||||||
9 | limited to, hospitals, nursing homes, hospice care | ||||||
10 | centers, and long-term care facilities; | ||||||
11 | (G) except as provided under Section 22-33 of the | ||||||
12 | School Code and Section 75-31 of this Article, | ||||||
13 | knowingly in close physical proximity to anyone under | ||||||
14 | the age of 18 years of age; | ||||||
15 | (4) Smoking medical cannabis in any public place where | ||||||
16 | an individual could reasonably be expected to be observed | ||||||
17 | by others, in a health care facility, or any other place | ||||||
18 | where smoking is prohibited under the Smoke Free Illinois | ||||||
19 | Act; | ||||||
20 | (5) Operating, navigating, or being in actual physical | ||||||
21 | control of any motor vehicle, aircraft, or motorboat while | ||||||
22 | using or under the influence of cannabis in violation of | ||||||
23 | Sections 11-501 and 11-502.1 of the Illinois Vehicle Code; | ||||||
24 | (6) Using or possessing cannabis if that person does | ||||||
25 | not have a debilitating medical condition and is not a | ||||||
26 | registered qualifying patient or caregiver; |
| |||||||
| |||||||
1 | (7) Allowing any person who is not allowed to use | ||||||
2 | cannabis under this Article to use cannabis that a | ||||||
3 | cardholder is allowed to possess under this Article; | ||||||
4 | (8) Transferring cannabis to any person contrary to | ||||||
5 | the provisions of this Article; | ||||||
6 | (9) The use of medical cannabis by an active duty law | ||||||
7 | enforcement officer, correctional officer, correctional | ||||||
8 | probation officer, or firefighter; or | ||||||
9 | (10) The use of medical cannabis by a person who has a | ||||||
10 | school bus permit or a Commercial Driver's License. | ||||||
11 | (b) Nothing in this Article shall be construed to prevent | ||||||
12 | the arrest or prosecution of a registered qualifying patient | ||||||
13 | for reckless driving or driving under the influence of | ||||||
14 | cannabis where probable cause exists. | ||||||
15 | (c) Notwithstanding any other criminal penalties related | ||||||
16 | to the unlawful possession of cannabis, knowingly making a | ||||||
17 | misrepresentation to a law enforcement official of any fact or | ||||||
18 | circumstance relating to the medical use of cannabis to avoid | ||||||
19 | arrest or prosecution is a petty offense punishable by a fine | ||||||
20 | of up to $1,000, which shall be in addition to any other | ||||||
21 | penalties that may apply for making a false statement or for | ||||||
22 | the use of cannabis other than use undertaken under this | ||||||
23 | Article. | ||||||
24 | (d) Notwithstanding any other criminal penalties related | ||||||
25 | to the unlawful possession of cannabis, any person who makes a | ||||||
26 | misrepresentation of a medical condition to a certifying |
| |||||||
| |||||||
1 | health care professional or fraudulently provides material | ||||||
2 | misinformation to a certifying health care professional in | ||||||
3 | order to obtain a written certification is guilty of a petty | ||||||
4 | offense punishable by a fine of up to $1,000. | ||||||
5 | (e) Any cardholder or registered caregiver who sells | ||||||
6 | cannabis shall have the cardholder's or caregiver's registry | ||||||
7 | identification card revoked and is subject to other penalties | ||||||
8 | for the unauthorized sale of cannabis. | ||||||
9 | (f) Any registered qualifying patient who commits a | ||||||
10 | violation of Section 11-502.1 of the Illinois Vehicle Code or | ||||||
11 | refuses a properly requested test related to operating a motor | ||||||
12 | vehicle while under the influence of cannabis shall have the | ||||||
13 | patient's registry identification card revoked. | ||||||
14 | (g) No registered qualifying patient or designated | ||||||
15 | caregiver shall knowingly obtain, seek to obtain, or possess, | ||||||
16 | individually or collectively, an amount of usable cannabis | ||||||
17 | from a registered medical cannabis dispensing organization | ||||||
18 | that would cause the patient or caregiver to exceed the | ||||||
19 | authorized adequate supply under subsection (a) of Section | ||||||
20 | 75-10. | ||||||
21 | (h) Nothing in this Article shall prevent a private | ||||||
22 | business from restricting or prohibiting the medical use of | ||||||
23 | cannabis on its property. | ||||||
24 | (i) Nothing in this Article shall prevent a university, | ||||||
25 | college, or other institution of post-secondary education from | ||||||
26 | restricting or prohibiting the use of medical cannabis on its |
| |||||||
| |||||||
1 | property.
| ||||||
2 | (410 ILCS 705/75-31 new) | ||||||
3 | Sec. 75-31. Administration to persons with disabilities in | ||||||
4 | park district programs. | ||||||
5 | (a) Definitions. As used in this Section: | ||||||
6 | (1) "Park district" has the meaning as defined in | ||||||
7 | Section 1-3 of the Park District Code. "Park district" | ||||||
8 | includes the Chicago Park District as defined by the | ||||||
9 | Chicago Park District Act, any special recreational | ||||||
10 | association created by a park district through an | ||||||
11 | intergovernmental agreement, and any nonprofit | ||||||
12 | organization authorized by the park district or special | ||||||
13 | recreational association to administer a program for | ||||||
14 | persons with disabilities on its behalf. | ||||||
15 | (2) "Program participant" means a person with | ||||||
16 | disabilities who is a registered qualifying patient and | ||||||
17 | who participates in a summer camp, educational program, or | ||||||
18 | other similar program provided by a park district for | ||||||
19 | persons with disabilities. | ||||||
20 | (b) Subject to the restrictions under subsections (c) | ||||||
21 | through (f) of this Section, a park district shall authorize a | ||||||
22 | program participant's parent, guardian, or other designated | ||||||
23 | caregiver to administer a medical cannabis infused product to | ||||||
24 | the program participant on the premises of the park district | ||||||
25 | if both the program participant and the parent, guardian, or |
| |||||||
| |||||||
1 | other designated caregiver are cardholders. After | ||||||
2 | administering the medical cannabis infused product, the | ||||||
3 | parent, guardian, or other designated caregiver shall remove | ||||||
4 | the medical cannabis infused product from the premises of the | ||||||
5 | park district. | ||||||
6 | (c) A parent, guardian, or other designated caregiver may | ||||||
7 | not administer a medical cannabis infused product under this | ||||||
8 | Section in a manner that, in the opinion of the park district, | ||||||
9 | would create a disruption to the park district's program or | ||||||
10 | activity for persons with disabilities or would cause exposure | ||||||
11 | of the medical cannabis infused product to other program | ||||||
12 | participants. | ||||||
13 | (d) A park district may not discipline a program | ||||||
14 | participant who is administered a medical cannabis infused | ||||||
15 | product by a parent, guardian, or other designated caregiver | ||||||
16 | under this Section and may not deny the program participant's | ||||||
17 | eligibility to attend the park district's program or activity | ||||||
18 | for persons with disabilities solely because the program | ||||||
19 | participant requires the administration of the medical | ||||||
20 | cannabis infused product. | ||||||
21 | (e) Nothing in this Section requires a member of the park | ||||||
22 | district's staff to administer a medical cannabis infused | ||||||
23 | product to a program participant. | ||||||
24 | (f) A park district may not authorize the use of a medical | ||||||
25 | cannabis infused product under this Section if the park | ||||||
26 | district would lose federal funding as a result of the |
| |||||||
| |||||||
1 | authorization.
| ||||||
2 | (410 ILCS 705/75-35 new)
| ||||||
3 | Sec. 75-35. Certifying health care professional | ||||||
4 | requirements. | ||||||
5 | (a) A certifying health care professional who certifies a | ||||||
6 | debilitating medical condition for a qualifying patient shall | ||||||
7 | comply with all of the following requirements: | ||||||
8 | (1) The certifying health care professional shall be | ||||||
9 | currently licensed under the Medical Practice Act of 1987 | ||||||
10 | to practice medicine in all its branches, the Nurse | ||||||
11 | Practice Act, or the Physician Assistant Practice Act of | ||||||
12 | 1987, shall be in good standing, and must hold a | ||||||
13 | controlled substances license under Article III of the | ||||||
14 | Illinois Controlled Substances Act. | ||||||
15 | (2) A certifying health care professional certifying a | ||||||
16 | patient's condition shall comply with generally accepted | ||||||
17 | standards of medical practice, the provisions of the Act | ||||||
18 | under which he or she is licensed and all applicable | ||||||
19 | rules. | ||||||
20 | (3) The physical examination required by this Article | ||||||
21 | may not be performed by remote means, including | ||||||
22 | telemedicine. | ||||||
23 | (4) The certifying health care professional shall | ||||||
24 | maintain a record-keeping system for all patients for whom | ||||||
25 | the certifying health care professional has certified the |
| |||||||
| |||||||
1 | patient's medical condition. These records shall be | ||||||
2 | accessible to and subject to review by the Commission upon | ||||||
3 | request. | ||||||
4 | (b) A certifying health care professional may not: | ||||||
5 | (1) accept, solicit, or offer any form of remuneration | ||||||
6 | from or to a qualifying patient, primary caregiver, | ||||||
7 | cultivation center, or dispensing organization, including | ||||||
8 | each principal officer, board member, agent, and employee, | ||||||
9 | to certify a patient, other than accepting payment from a | ||||||
10 | patient for the fee associated with the required | ||||||
11 | examination, except for the limited purpose of performing | ||||||
12 | a medical cannabis-related research study; | ||||||
13 | (1.5) accept, solicit, or offer any form of | ||||||
14 | remuneration from or to a medical cannabis cultivation | ||||||
15 | center or dispensary organization for the purposes of | ||||||
16 | referring a patient to a specific dispensary organization; | ||||||
17 | (1.10) engage in any activity that is prohibited under | ||||||
18 | Section 22.2 of the Medical Practice Act of 1987, | ||||||
19 | regardless of whether the certifying health care | ||||||
20 | professional is a physician, advanced practice registered | ||||||
21 | nurse, or physician assistant; | ||||||
22 | (2) offer a discount of any other item of value to a | ||||||
23 | qualifying patient who uses or agrees to use a particular | ||||||
24 | primary caregiver or dispensing organization to obtain | ||||||
25 | medical cannabis; | ||||||
26 | (3) conduct a personal physical examination of a |
| |||||||
| |||||||
1 | patient for purposes of diagnosing a debilitating medical | ||||||
2 | condition at a location where medical cannabis is sold or | ||||||
3 | distributed or at the address of a principal officer, | ||||||
4 | agent, or employee or a medical cannabis organization; | ||||||
5 | (4) hold a direct or indirect economic interest in a | ||||||
6 | cultivation center or dispensing organization if he or she | ||||||
7 | recommends the use of medical cannabis to qualified | ||||||
8 | patients or is in a partnership or other fee or | ||||||
9 | profit-sharing relationship with a certifying health care | ||||||
10 | professional who recommends medical cannabis, except for | ||||||
11 | the limited purpose of performing a medical | ||||||
12 | cannabis-related research study; | ||||||
13 | (5) serve on the board of directors or as an employee | ||||||
14 | of a cultivation center or dispensing organization; | ||||||
15 | (6) refer patients to a cultivation center, a | ||||||
16 | dispensing organization, or a registered designated | ||||||
17 | caregiver;
or | ||||||
18 | (7) advertise in a cultivation center or a dispensing | ||||||
19 | organization. | ||||||
20 | (c) The Commission may with reasonable cause investigate a | ||||||
21 | certifying health care professional, who has certified a | ||||||
22 | debilitating medical condition of a patient, for potential | ||||||
23 | violations of this Section. | ||||||
24 | (d) Any violation of this Section or any other provision | ||||||
25 | of this Article or rules adopted under this Article is a | ||||||
26 | violation of the certifying health care professional's |
| |||||||
| |||||||
1 | licensure act.
| ||||||
2 | (e) A certifying health care professional who certifies a | ||||||
3 | debilitating medical condition for a qualifying patient may | ||||||
4 | notify the Department of Public Health in writing: (1) if the | ||||||
5 | certifying health care professional has reason to believe | ||||||
6 | either that the
registered qualifying patient has ceased to | ||||||
7 | suffer from a
debilitating medical condition; (2) that the | ||||||
8 | bona fide health care professional-patient relationship has | ||||||
9 | terminated; or (3) that continued use of medical cannabis | ||||||
10 | would result in contraindication with the patient's
other | ||||||
11 | medication. The registered qualifying patient's registry
| ||||||
12 | identification card shall be revoked by the Commission after | ||||||
13 | receiving the certifying health care professional's | ||||||
14 | notification. | ||||||
15 | (f) Nothing in this Article shall preclude a certifying | ||||||
16 | health care professional from referring a patient for health | ||||||
17 | services, except when the referral is limited to certification | ||||||
18 | purposes only, under this Article. | ||||||
19 | (410 ILCS 705/75-36 new) | ||||||
20 | Sec. 75-36. Written certification. | ||||||
21 | (a) A certification confirming a patient's debilitating | ||||||
22 | medical condition shall be written on a form provided by the | ||||||
23 | Commission and shall include, at a minimum, the following: | ||||||
24 | (1) the qualifying patient's name, date of birth, home | ||||||
25 | address, and primary telephone number; |
| |||||||
| |||||||
1 | (2) the certifying health care professional's name, | ||||||
2 | address, telephone number, email address, and medical, | ||||||
3 | advanced practice registered nurse, or physician assistant | ||||||
4 | license number, and the last 4 digits, only, of his or her | ||||||
5 | active controlled substances license under the Illinois | ||||||
6 | Controlled Substances Act and indication of specialty or | ||||||
7 | primary area of clinical practice, if any; | ||||||
8 | (3) the qualifying patient's debilitating medical | ||||||
9 | condition; | ||||||
10 | (4) a statement that the certifying health care | ||||||
11 | professional has confirmed a diagnosis of a debilitating | ||||||
12 | condition; is treating or managing treatment of the | ||||||
13 | patient's debilitating condition; has a bona fide health | ||||||
14 | care professional-patient relationship; has conducted an | ||||||
15 | in-person physical examination; and has conducted a review | ||||||
16 | of the patient's medical history, including reviewing | ||||||
17 | medical records from other treating health care | ||||||
18 | professionals, if any, from the previous 12 months; | ||||||
19 | (5) the certifying health care professional's | ||||||
20 | signature and date of certification; and | ||||||
21 | (6) a statement that a participant in possession of a | ||||||
22 | written certification indicating a debilitating medical | ||||||
23 | condition shall not be considered an unlawful user or | ||||||
24 | addicted to narcotics solely as a result of his or her | ||||||
25 | pending application to or participation in the | ||||||
26 | Compassionate Use of Medical Cannabis Program. |
| |||||||
| |||||||
1 | (b) A written certification does not constitute a | ||||||
2 | prescription for medical cannabis. | ||||||
3 | (c) Applications for qualifying patients under 18 years | ||||||
4 | old shall require a written certification from a certifying | ||||||
5 | health care professional and a reviewing certifying health | ||||||
6 | care professional. | ||||||
7 | (d) A certification confirming the patient's eligibility | ||||||
8 | to participate in the Opioid Alternative Pilot Program shall | ||||||
9 | be written on a form provided by the Department of Public | ||||||
10 | Health and shall include, at a minimum, the following: | ||||||
11 | (1) the participant's name, date of birth, home | ||||||
12 | address, and primary telephone number; | ||||||
13 | (2) the certifying health care professional's name, | ||||||
14 | address, telephone number, email address, and medical, | ||||||
15 | advanced practice registered nurse, or physician assistant | ||||||
16 | license number, and the last 4 digits, only, of his or her | ||||||
17 | active controlled substances license under the Illinois | ||||||
18 | Controlled Substances Act and indication of specialty or | ||||||
19 | primary area of clinical practice, if any; | ||||||
20 | (3) the certifying health care professional's | ||||||
21 | signature and date; | ||||||
22 | (4) the length of participation in the program, which | ||||||
23 | shall be limited to no more than 90 days; | ||||||
24 | (5) a statement identifying the patient has been | ||||||
25 | diagnosed with and is currently undergoing treatment for a | ||||||
26 | medical condition where an opioid has been or could be |
| |||||||
| |||||||
1 | prescribed; and | ||||||
2 | (6) a statement that a participant in possession of a | ||||||
3 | written certification indicating eligibility to | ||||||
4 | participate in the Opioid Alternative Pilot Program shall | ||||||
5 | not be considered an unlawful user or addicted to | ||||||
6 | narcotics solely as a result of his or her eligibility or | ||||||
7 | participation in the program. | ||||||
8 | (e) The Commission may provide a single certification form | ||||||
9 | for subsections (a) and (d) of this Section, provided that all | ||||||
10 | requirements of those subsections are included on the form. | ||||||
11 | (f) The Commission shall not include the word "cannabis" | ||||||
12 | on any application forms or written certification forms that | ||||||
13 | it issues under this Section. | ||||||
14 | (g) A written certification does not constitute a | ||||||
15 | prescription. | ||||||
16 | (h) It is unlawful for any person to knowingly submit a | ||||||
17 | fraudulent certification to be a qualifying patient in the | ||||||
18 | Compassionate Use of Medical Cannabis Program or an Opioid | ||||||
19 | Alternative Pilot Program participant. A violation of this | ||||||
20 | subsection shall result in the person who has knowingly | ||||||
21 | submitted the fraudulent certification being permanently | ||||||
22 | banned from participating in the Compassionate Use of Medical | ||||||
23 | Cannabis Program or the Opioid Alternative Pilot Program.
| ||||||
24 | (410 ILCS 705/75-40 new)
| ||||||
25 | Sec. 75-40. Discrimination prohibited. |
| |||||||
| |||||||
1 | (a)(1) No school, employer, or landlord may refuse to | ||||||
2 | enroll or lease to, or otherwise penalize, a person solely for | ||||||
3 | his or her status as a registered qualifying patient or a | ||||||
4 | registered designated caregiver, unless failing to do so would | ||||||
5 | put the school, employer, or landlord in violation of federal | ||||||
6 | law or unless failing to do so would cause it to lose a | ||||||
7 | monetary or licensing-related benefit under federal law or | ||||||
8 | rules. This does not prevent a landlord from prohibiting the | ||||||
9 | smoking of cannabis on the premises. | ||||||
10 | (2) For the purposes of medical care, including organ | ||||||
11 | transplants, a registered qualifying patient's authorized use | ||||||
12 | of cannabis in accordance with this Article is considered the | ||||||
13 | equivalent of the authorized use of any other medication used | ||||||
14 | at the direction of a certifying health care professional, and | ||||||
15 | may not constitute the use of an illicit substance or | ||||||
16 | otherwise disqualify a qualifying patient from needed medical | ||||||
17 | care. | ||||||
18 | (b) A person otherwise entitled to custody of or | ||||||
19 | visitation or parenting time with a minor may not be denied | ||||||
20 | that right, and there is no presumption of neglect or child | ||||||
21 | endangerment, for conduct allowed under this Article, unless | ||||||
22 | the person's actions in relation to cannabis were such that | ||||||
23 | they created an unreasonable danger to the safety of the minor | ||||||
24 | as established by clear and convincing evidence. | ||||||
25 | (c) No school, landlord, or employer may be penalized or | ||||||
26 | denied any benefit under State law for enrolling, leasing to, |
| |||||||
| |||||||
1 | or employing a cardholder. | ||||||
2 | (d) Nothing in this Article may be construed to require a | ||||||
3 | government medical assistance program, employer, property and | ||||||
4 | casualty insurer, or private health insurer to reimburse a | ||||||
5 | person for costs associated with the medical use of cannabis. | ||||||
6 | (e) Nothing in this Article may be construed to require | ||||||
7 | any person or establishment in lawful possession of property | ||||||
8 | to allow a guest, client, customer, or visitor who is a | ||||||
9 | registered qualifying patient to use cannabis on or in that | ||||||
10 | property.
| ||||||
11 | (410 ILCS 705/75-45 new)
| ||||||
12 | Sec. 75-45. Addition of debilitating medical conditions. | ||||||
13 | (a) Any resident may petition the Commission to add | ||||||
14 | debilitating conditions or treatments to the list of | ||||||
15 | debilitating medical conditions listed in subsection (h) of | ||||||
16 | Section 75-10. The Commission shall approve or deny a petition | ||||||
17 | within 180 days of its submission, and, upon approval, shall | ||||||
18 | proceed to add that condition by rule in accordance with the | ||||||
19 | Illinois Administrative Procedure Act. The approval or denial | ||||||
20 | of any petition is a final decision of the Commission, subject | ||||||
21 | to judicial review. Jurisdiction and venue are vested in the | ||||||
22 | Circuit Court.
| ||||||
23 | (b) The Commission shall accept petitions once annually | ||||||
24 | for a one-month period determined by the Commission. During | ||||||
25 | the open period, the Commission shall accept petitions from |
| |||||||
| |||||||
1 | any resident requesting the addition of a new debilitating | ||||||
2 | medical condition or disease to the list of approved | ||||||
3 | debilitating medical conditions for which the use of cannabis | ||||||
4 | has been shown to have a therapeutic or palliative effect. The | ||||||
5 | Commission shall provide public notice 30 days before the open | ||||||
6 | period for accepting petitions, which shall describe the time | ||||||
7 | period for submission, the required format of the submission, | ||||||
8 | and the submission address. | ||||||
9 | (c) Each petition shall be limited to one proposed | ||||||
10 | debilitating medical condition or disease. | ||||||
11 | (d) A petitioner shall file one original petition in the | ||||||
12 | format provided by the Commission and in the manner specified | ||||||
13 | by the Commission. For a petition to be processed and | ||||||
14 | reviewed, the following information shall be included: | ||||||
15 | (1) The petition, prepared on forms provided by the | ||||||
16 | Commission, in the manner specified by the Commission. | ||||||
17 | (2) A specific description of the medical condition or | ||||||
18 | disease that is the subject of the petition. Each petition | ||||||
19 | shall be limited to a single condition or disease. | ||||||
20 | Information about the proposed condition or disease shall | ||||||
21 | include: | ||||||
22 | (A) the extent to which the condition or disease | ||||||
23 | itself or the treatments cause severe suffering, such | ||||||
24 | as severe or chronic pain, severe nausea or vomiting, | ||||||
25 | or otherwise severely impair a person's ability to | ||||||
26 | conduct activities of daily living; |
| |||||||
| |||||||
1 | (B) information about why conventional medical | ||||||
2 | therapies are not sufficient to alleviate the | ||||||
3 | suffering caused by the disease or condition and its | ||||||
4 | treatment; | ||||||
5 | (C) the proposed benefits from the medical use of | ||||||
6 | cannabis specific to the medical condition or disease; | ||||||
7 | (D) evidence from the medical community and other | ||||||
8 | experts supporting the use of medical cannabis to | ||||||
9 | alleviate suffering caused by the condition, disease, | ||||||
10 | or treatment; | ||||||
11 | (E) letters of support from physicians or other | ||||||
12 | licensed health care providers knowledgeable about the | ||||||
13 | condition or disease, including, if feasible, a letter | ||||||
14 | from a physician, advanced practice registered nurse, | ||||||
15 | or physician assistant with whom the petitioner has a | ||||||
16 | bona fide health care professional-patient | ||||||
17 | relationship; | ||||||
18 | (F) any additional medical, testimonial, or | ||||||
19 | scientific documentation; and | ||||||
20 | (G) an electronic copy of all materials submitted. | ||||||
21 | (3) Upon receipt of a petition, the Department shall: | ||||||
22 | (A) determine whether the petition meets the | ||||||
23 | standards for submission and, if so, shall accept the | ||||||
24 | petition for further review; or | ||||||
25 | (B) determine whether the petition does not meet | ||||||
26 | the standards for submission and, if so, shall deny |
| |||||||
| |||||||
1 | the petition without further review. | ||||||
2 | (4) If the petition does not fulfill the standards for | ||||||
3 | submission, the petition shall be considered deficient. | ||||||
4 | The Commission shall notify the petitioner, who may | ||||||
5 | correct any deficiencies and resubmit the petition during | ||||||
6 | the next open period. | ||||||
7 | (e) The petitioner may withdraw his or her petition by | ||||||
8 | submitting a written statement to the Commission indicating | ||||||
9 | withdrawal. | ||||||
10 | (f) Upon review of accepted petitions, the Director shall | ||||||
11 | render a final decision regarding the acceptance or denial of | ||||||
12 | the proposed debilitating medical conditions or diseases. | ||||||
13 | (g) The Commission shall convene a Medical Cannabis | ||||||
14 | Advisory Board (Advisory Board) composed of 16 members, which | ||||||
15 | shall include: | ||||||
16 | (1) one medical cannabis patient advocate or | ||||||
17 | designated caregiver; | ||||||
18 | (2) one parent or designated caregiver of a person | ||||||
19 | under the age of 18 who is a qualified medical cannabis | ||||||
20 | patient; | ||||||
21 | (3) two registered nurses or nurse practitioners; | ||||||
22 | (4) three registered qualifying patients, including | ||||||
23 | one veteran; and | ||||||
24 | (5) nine health care practitioners with current | ||||||
25 | professional licensure in their field. The Advisory Board | ||||||
26 | shall be composed of health care practitioners |
| |||||||
| |||||||
1 | representing the following areas: | ||||||
2 | (A) neurology; | ||||||
3 | (B) pain management; | ||||||
4 | (C) medical oncology; | ||||||
5 | (D) psychiatry or mental health; | ||||||
6 | (E) infectious disease; | ||||||
7 | (F) family medicine; | ||||||
8 | (G) general primary care; | ||||||
9 | (H) medical ethics; | ||||||
10 | (I) pharmacy; | ||||||
11 | (J) pediatrics; or | ||||||
12 | (K) psychiatry or mental health for children or | ||||||
13 | adolescents. | ||||||
14 | At least one appointed health care practitioner shall have | ||||||
15 | direct experience related to the health care needs of veterans | ||||||
16 | and at least one individual shall have pediatric experience. | ||||||
17 | (h) Members of the Advisory Board shall be appointed by | ||||||
18 | the Governor. | ||||||
19 | (1) Members shall serve a term of 4 years or until a | ||||||
20 | successor is appointed and qualified. If a vacancy occurs, | ||||||
21 | the Governor shall appoint a replacement to complete the | ||||||
22 | original term created by the vacancy. | ||||||
23 | (2) The Governor shall select a chairperson. | ||||||
24 | (3) Members may serve multiple terms. | ||||||
25 | (4) Members shall not have an affiliation with, serve | ||||||
26 | on the board of, or have a business relationship with a |
| |||||||
| |||||||
1 | registered cultivation center or a registered medical | ||||||
2 | cannabis dispensary. | ||||||
3 | (5) Members shall disclose any real or apparent | ||||||
4 | conflicts of interest that may have a direct bearing of | ||||||
5 | the subject matter, such as relationships with | ||||||
6 | pharmaceutical companies, biomedical device | ||||||
7 | manufacturers, or corporations whose products or services | ||||||
8 | are related to the medical condition or disease to be | ||||||
9 | reviewed. | ||||||
10 | (6) Members shall not be paid but shall be reimbursed | ||||||
11 | for travel expenses incurred while fulfilling the | ||||||
12 | responsibilities of the Advisory Board. | ||||||
13 | (i) On June 30, 2016 (the effective date of Public Act | ||||||
14 | 99-519), the terms of office of the members of the Advisory | ||||||
15 | Board serving on that date shall terminate and the Board shall | ||||||
16 | be reconstituted. | ||||||
17 | (j) The Advisory Board shall convene at the call of the | ||||||
18 | Chair: | ||||||
19 | (1) to examine debilitating conditions or diseases | ||||||
20 | that would benefit from the medical use of cannabis; and | ||||||
21 | (2) to review new medical and scientific evidence | ||||||
22 | pertaining to currently approved conditions. | ||||||
23 | (k) The Advisory Board shall issue an annual report of its | ||||||
24 | activities each year. | ||||||
25 | (l) The Advisory Board shall receive administrative | ||||||
26 | support from the Department. |
| |||||||
| |||||||
1 | (410 ILCS 705/75-50 new)
| ||||||
2 | Sec. 75-50. Employment; employer liability. | ||||||
3 | (a) Nothing in this Article shall prohibit an employer | ||||||
4 | from adopting reasonable regulations concerning the | ||||||
5 | consumption, storage, or timekeeping requirements for | ||||||
6 | qualifying patients related to the use of medical cannabis. | ||||||
7 | (b) Nothing in this Article shall prohibit an employer | ||||||
8 | from enforcing a policy concerning drug testing, | ||||||
9 | zero-tolerance, or a drug free workplace provided the policy | ||||||
10 | is applied in a nondiscriminatory manner. | ||||||
11 | (c) Nothing in this Article shall limit an employer from | ||||||
12 | disciplining a registered qualifying patient for violating a | ||||||
13 | workplace drug policy. | ||||||
14 | (d) Nothing in this Article shall limit an employer's | ||||||
15 | ability to discipline an employee for failing a drug test if | ||||||
16 | failing to do so would put the employer in violation of federal | ||||||
17 | law or cause it to lose a federal contract or funding. | ||||||
18 | (e) Nothing in this Article shall be construed to create a | ||||||
19 | defense for a third party who fails a drug test. | ||||||
20 | (f) An employer may consider a registered qualifying | ||||||
21 | patient to be impaired when he or she manifests specific, | ||||||
22 | articulable symptoms while working that decrease or lessen his | ||||||
23 | or her performance of the duties or tasks of the employee's job | ||||||
24 | position, including symptoms of the employee's speech, | ||||||
25 | physical dexterity, agility, coordination, demeanor, |
| |||||||
| |||||||
1 | irrational or unusual behavior, negligence or carelessness in | ||||||
2 | operating equipment or machinery, disregard for the safety of | ||||||
3 | the employee or others, or involvement in an accident that | ||||||
4 | results in serious damage to equipment or property, disruption | ||||||
5 | of a production or manufacturing process, or carelessness that | ||||||
6 | results in any injury to the employee or others. If an employer | ||||||
7 | elects to discipline a qualifying patient under this | ||||||
8 | subsection, it must afford the employee a reasonable | ||||||
9 | opportunity to contest the basis of the determination. | ||||||
10 | (g) Nothing in this Article shall be construed to create | ||||||
11 | or imply a cause of action for any person against an employer | ||||||
12 | for: (1) actions based on the employer's good faith belief | ||||||
13 | that a registered qualifying patient used or possessed | ||||||
14 | cannabis while on the employer's premises or during the hours | ||||||
15 | of employment; (2) actions based on the employer's good faith | ||||||
16 | belief that a registered qualifying patient was impaired while | ||||||
17 | working on the employer's premises during the hours of | ||||||
18 | employment; (3) injury or loss to a third party if the employer | ||||||
19 | neither knew nor had reason to know that the employee was | ||||||
20 | impaired. | ||||||
21 | (h) Nothing in this Article shall be construed to | ||||||
22 | interfere with any federal restrictions on employment | ||||||
23 | including but not limited to the United States Department of | ||||||
24 | Transportation regulation 49 CFR 40.151(e).
| ||||||
25 | (410 ILCS 705/75-55 new)
|
| |||||||
| |||||||
1 | Sec. 75-55. Registration of qualifying patients and | ||||||
2 | designated caregivers. | ||||||
3 | (a) The Commission shall issue registry identification | ||||||
4 | cards to qualifying patients and designated caregivers who | ||||||
5 | submit a completed application, and at minimum, the following, | ||||||
6 | in accordance with Commission rules: | ||||||
7 | (1) A written certification, on a form developed by | ||||||
8 | the Commission consistent with Section 75-36 and issued by | ||||||
9 | a certifying health care professional, within 90 days | ||||||
10 | immediately preceding the date of an application and | ||||||
11 | submitted by the qualifying patient or his or her | ||||||
12 | designated caregiver; | ||||||
13 | (2) upon the execution of applicable privacy waivers, | ||||||
14 | the patient's medical documentation related to his or her | ||||||
15 | debilitating condition and any other information that may | ||||||
16 | be reasonably required by the Commission to confirm that | ||||||
17 | the certifying health care professional and patient have a | ||||||
18 | bona fide health care professional-patient relationship, | ||||||
19 | that the qualifying patient is in the certifying health | ||||||
20 | care professional's care for his or her debilitating | ||||||
21 | medical condition, and to substantiate the patient's | ||||||
22 | diagnosis; | ||||||
23 | (3) the application or renewal fee as set by rule; | ||||||
24 | (4) the name, address, date of birth, and social | ||||||
25 | security number of the qualifying patient, except that if | ||||||
26 | the applicant is unhoused no address is required; |
| |||||||
| |||||||
1 | (5) the name, address, and telephone number of the | ||||||
2 | qualifying patient's certifying health care professional; | ||||||
3 | (6) the name, address, and date of birth of the | ||||||
4 | designated caregiver, if any, chosen by the qualifying | ||||||
5 | patient; | ||||||
6 | (7) (blank); | ||||||
7 | (8) signed statements from the patient and designated | ||||||
8 | caregiver asserting that they will not divert medical | ||||||
9 | cannabis; and | ||||||
10 | (9) (blank).
| ||||||
11 | (b) Notwithstanding any other provision of this Article, a | ||||||
12 | person provided a written certification for a debilitating | ||||||
13 | medical condition who has submitted a completed online | ||||||
14 | application to the Commission shall receive a provisional | ||||||
15 | registration and be entitled to purchase medical cannabis from | ||||||
16 | a licensed dispensing organization for a period of 90 days or | ||||||
17 | until the person's application has been denied or the person | ||||||
18 | receives a registry identification card, whichever is earlier. | ||||||
19 | However, a person may obtain an additional provisional | ||||||
20 | registration after the expiration of 90 days after the date of | ||||||
21 | application if the Commission does not provide the individual | ||||||
22 | with a registry identification card or deny the individual's | ||||||
23 | application within those 90 days. | ||||||
24 | The provisional registration may not be extended if the | ||||||
25 | individual does not respond to the Commission's request for | ||||||
26 | additional information or corrections to required application |
| |||||||
| |||||||
1 | documentation. | ||||||
2 | In order for a person to receive medical cannabis under | ||||||
3 | this subsection, a person must present his or her provisional | ||||||
4 | registration along with a valid driver's license or State | ||||||
5 | identification card to the licensed dispensing organization. | ||||||
6 | The dispensing organization shall verify the person's | ||||||
7 | provisional registration through the Department of Public | ||||||
8 | Health's online verification system. | ||||||
9 | Upon verification of the provided documents, the | ||||||
10 | dispensing organization shall dispense no more than 2.5 ounces | ||||||
11 | of medical cannabis during a 14-day period to the person for a | ||||||
12 | period of 90 days, until the person's application has been | ||||||
13 | denied, or until the person receives a registry identification | ||||||
14 | card from the Department of Public Health, whichever is | ||||||
15 | earlier. | ||||||
16 | Persons with provisional registrations must keep their | ||||||
17 | provisional registration in their possession at all times when | ||||||
18 | transporting or engaging in the medical use of cannabis. | ||||||
19 | (c) No person or business shall charge a fee for | ||||||
20 | assistance in the preparation, compilation, or submission of | ||||||
21 | an application to the Compassionate Use of Medical Cannabis | ||||||
22 | Program or the Opioid Alternative Pilot Program. A violation | ||||||
23 | of this subsection is a Class C misdemeanor, for which | ||||||
24 | restitution to the applicant and a fine of up to $1,500 may be | ||||||
25 | imposed. All fines shall be deposited into the Compassionate | ||||||
26 | Use of Medical Cannabis Fund after restitution has been made |
| |||||||
| |||||||
1 | to the applicant. The Commission shall refer individuals | ||||||
2 | making complaints against a person or business under this | ||||||
3 | Section to the Illinois State Police, who shall enforce | ||||||
4 | violations of this provision. All application forms issued by | ||||||
5 | the Commission shall state that no person or business may | ||||||
6 | charge a fee for assistance in the preparation, compilation, | ||||||
7 | or submission of an application to the Compassionate Use of | ||||||
8 | Medical Cannabis Program or the Opioid Alternative Pilot | ||||||
9 | Program. | ||||||
10 | (410 ILCS 705/75-57 new) | ||||||
11 | Sec. 75-57. Qualifying patients. | ||||||
12 | (a) Qualifying patients that are under the age of 18 years | ||||||
13 | shall not be prohibited from appointing designated caregivers | ||||||
14 | who meet the definition of "designated caregiver" under | ||||||
15 | Section 75-10 so long as at least one designated caregiver is a | ||||||
16 | biological parent or legal guardian.
| ||||||
17 | (b) Qualifying patients that are 18 years of age or older | ||||||
18 | shall not be prohibited from appointing designated caregivers | ||||||
19 | who meet the definition of "designated caregiver" under | ||||||
20 | Section 75-10. | ||||||
21 | (410 ILCS 705/75-60 new)
| ||||||
22 | Sec. 75-60. Issuance of registry identification cards. | ||||||
23 | (a) Except as provided in subsection (b), the Department | ||||||
24 | of Public Health shall: |
| |||||||
| |||||||
1 | (1) verify the information contained in an application | ||||||
2 | or renewal for a registry identification card submitted | ||||||
3 | under this Article, and approve or deny an application or | ||||||
4 | renewal, within 90 days of receiving a completed | ||||||
5 | application or renewal application and all supporting | ||||||
6 | documentation specified in Section 75-55; | ||||||
7 | (2) issue registry identification cards to a | ||||||
8 | qualifying patient and his or her designated caregiver, if | ||||||
9 | any, within 15 business days of approving the application | ||||||
10 | or renewal; | ||||||
11 | (3) enter the registry identification number of the | ||||||
12 | registered dispensing organization the patient designates | ||||||
13 | into the verification system; and | ||||||
14 | (4) allow for an electronic application process, and | ||||||
15 | provide a confirmation by electronic or other methods that | ||||||
16 | an application has been submitted. | ||||||
17 | Notwithstanding any other provision of this Article, the | ||||||
18 | Commission shall adopt rules for qualifying patients and | ||||||
19 | applicants with life-long debilitating medical conditions, who | ||||||
20 | may be charged annual renewal fees. The Department of Public | ||||||
21 | Health shall not require patients and applicants with | ||||||
22 | life-long debilitating medical conditions to apply to renew | ||||||
23 | registry identification cards. | ||||||
24 | (b) The Commission may not issue a registry identification | ||||||
25 | card to a qualifying patient who is under 18 years of age, | ||||||
26 | unless that patient suffers from seizures, including those |
| |||||||
| |||||||
1 | characteristic of epilepsy, or as provided by administrative | ||||||
2 | rule. The Commission shall adopt rules for the issuance of a | ||||||
3 | registry identification card for qualifying patients who are | ||||||
4 | under 18 years of age and suffering from seizures, including | ||||||
5 | those characteristic of epilepsy.
The Commission may adopt | ||||||
6 | rules to allow other individuals under 18 years of age to | ||||||
7 | become registered qualifying patients under this Article with | ||||||
8 | the consent of a parent or legal guardian. Registered | ||||||
9 | qualifying patients under 18 years of age shall be prohibited | ||||||
10 | from consuming forms of cannabis other than medical cannabis | ||||||
11 | infused products and purchasing any usable cannabis. | ||||||
12 | (c) A veteran who has received treatment at a VA hospital | ||||||
13 | is deemed to have a bona fide health care professional-patient | ||||||
14 | relationship with a VA certifying health care professional if | ||||||
15 | the patient has been seen for his or her debilitating medical | ||||||
16 | condition at the VA hospital in accordance with VA hospital | ||||||
17 | protocols.
All reasonable inferences regarding the existence | ||||||
18 | of a bona fide health care professional-patient relationship | ||||||
19 | shall be drawn in favor of an applicant who is a veteran and | ||||||
20 | has undergone treatment at a VA hospital. | ||||||
21 | (c-10) An individual who submits an application as someone | ||||||
22 | who is terminally ill shall have all fees waived. The | ||||||
23 | Commission shall within 30 days after this amendatory Act of | ||||||
24 | the 102nd General Assembly adopt emergency rules to expedite | ||||||
25 | approval for terminally ill individuals. These rules shall | ||||||
26 | include, but not be limited to, rules that provide that |
| |||||||
| |||||||
1 | applications by individuals with terminal illnesses shall be | ||||||
2 | approved or denied within 14 days of their submission. | ||||||
3 | (d) No later than 6 months after the effective date of this | ||||||
4 | amendatory Act of the 102nd General Assembly, the Secretary of | ||||||
5 | State shall remove all existing notations on driving records | ||||||
6 | that the person is a registered qualifying patient or his or | ||||||
7 | her caregiver under this Article.
| ||||||
8 | (e) Upon the approval of the registration and issuance of | ||||||
9 | a registry card under this Section, the Commission shall | ||||||
10 | electronically forward the registered qualifying patient's | ||||||
11 | identification card information to the Prescription Monitoring | ||||||
12 | Program established under the Illinois Controlled Substances | ||||||
13 | Act and certify that the individual is permitted to engage in | ||||||
14 | the medical use of cannabis. For the purposes of patient care, | ||||||
15 | the Prescription Monitoring Program shall make a notation on | ||||||
16 | the person's prescription record stating that the person is a | ||||||
17 | registered qualifying patient who is entitled to the lawful | ||||||
18 | medical use of cannabis. If the person no longer holds a valid | ||||||
19 | registry card, the Department of Public Health shall notify | ||||||
20 | the Prescription Monitoring Program and Department of Human | ||||||
21 | Services to remove the notation from the person's record. The | ||||||
22 | Department of Human Services and the Prescription Monitoring | ||||||
23 | Program shall establish a system by which the information may | ||||||
24 | be shared electronically. This confidential list may not be | ||||||
25 | combined or linked in any manner with any other list or | ||||||
26 | database except as provided in this Section. |
| |||||||
| |||||||
1 | (f) (Blank). | ||||||
2 | (410 ILCS 705/75-62 new) | ||||||
3 | Sec. 75-62. Opioid Alternative Pilot Program. | ||||||
4 | (a) The Department of Public Health shall establish the | ||||||
5 | Opioid Alternative Pilot Program and the Commission shall have | ||||||
6 | oversight after July 1, 2022. Licensed dispensing | ||||||
7 | organizations shall allow persons with a written certification | ||||||
8 | from a certifying health care professional under Section 75-36 | ||||||
9 | to purchase medical cannabis upon enrollment in the Opioid | ||||||
10 | Alternative Pilot Program. The Department of Public Health | ||||||
11 | shall adopt rules or establish procedures allowing qualified | ||||||
12 | veterans to participate in the Opioid Alternative Pilot | ||||||
13 | Program and after July 1, 2022 the Commission thereafter. For | ||||||
14 | a person to receive medical cannabis under this Section, the | ||||||
15 | person must present the written certification along with a | ||||||
16 | valid driver's license or state identification card to the | ||||||
17 | licensed dispensing organization specified in his or her | ||||||
18 | application. The dispensing organization shall verify the | ||||||
19 | person's status as an Opioid Alternative Pilot Program | ||||||
20 | participant through the Commission's online verification | ||||||
21 | system. | ||||||
22 | (b) The Opioid Alternative Pilot Program shall be limited | ||||||
23 | to participation by Illinois residents age 21 and older. | ||||||
24 | (c) The Commission shall specify that all licensed | ||||||
25 | dispensing organizations participating in the Opioid |
| |||||||
| |||||||
1 | Alternative Pilot Program use the Illinois Cannabis Tracking | ||||||
2 | System. The Commission shall establish and maintain the | ||||||
3 | Illinois Cannabis Tracking System. The Illinois Cannabis | ||||||
4 | Tracking System shall be used to collect information about all | ||||||
5 | persons participating in the Opioid Alternative Pilot Program | ||||||
6 | and shall be used to track the sale of medical cannabis for | ||||||
7 | verification purposes. | ||||||
8 | Each dispensing organization shall retain a copy of the | ||||||
9 | Opioid Alternative Pilot Program certification and other | ||||||
10 | identifying information as required by the Commission in the | ||||||
11 | Illinois Cannabis Tracking System. | ||||||
12 | The Illinois Cannabis Tracking System shall be accessible | ||||||
13 | to the Illinois State Police. | ||||||
14 | The Commission shall specify the data requirements for the | ||||||
15 | Opioid Alternative Pilot Program by licensed dispensing | ||||||
16 | organizations; including, but not limited to, the | ||||||
17 | participant's full legal name, address, and date of birth, | ||||||
18 | date on which the Opioid Alternative Pilot Program | ||||||
19 | certification was issued, length of the participation in the | ||||||
20 | Program, including the start and end date to purchase medical | ||||||
21 | cannabis, name of the issuing physician, copy of the | ||||||
22 | participant's current driver's license or State identification | ||||||
23 | card, and phone number. | ||||||
24 | The Illinois Cannabis Tracking System shall provide | ||||||
25 | verification of a person's participation in the Opioid | ||||||
26 | Alternative Pilot Program for law enforcement at any time and |
| |||||||
| |||||||
1 | on any day. | ||||||
2 | (d) The certification for Opioid Alternative Pilot Program | ||||||
3 | participant must be issued by a certifying health care | ||||||
4 | professional who is licensed to practice in Illinois under the | ||||||
5 | Medical Practice Act of 1987, the Nurse Practice Act, or the | ||||||
6 | Physician Assistant Practice Act of 1987 and who is in good | ||||||
7 | standing and holds a controlled substances license under | ||||||
8 | Article III of the Illinois Controlled Substances Act. | ||||||
9 | The certification for an Opioid Alternative Pilot Program | ||||||
10 | participant shall be written within 90 days before the | ||||||
11 | participant submits his or her certification to the dispensing | ||||||
12 | organization. | ||||||
13 | The written certification uploaded to the Illinois | ||||||
14 | Cannabis Tracking System shall be accessible to the | ||||||
15 | Commission. | ||||||
16 | (e) Upon verification of the individual's valid | ||||||
17 | certification and enrollment in the Illinois Cannabis Tracking | ||||||
18 | System, the dispensing organization may dispense the medical | ||||||
19 | cannabis, in amounts not exceeding 2.5 ounces of medical | ||||||
20 | cannabis per 14-day period to the participant at the | ||||||
21 | participant's specified dispensary for no more than 90 days. | ||||||
22 | An Opioid Alternative Pilot Program participant shall not | ||||||
23 | be registered as a medical cannabis cardholder. The dispensing | ||||||
24 | organization shall verify that the person is not an active | ||||||
25 | registered qualifying patient prior to enrollment in the | ||||||
26 | Opioid Alternative Pilot Program and each time medical |
| |||||||
| |||||||
1 | cannabis is dispensed. | ||||||
2 | Upon receipt of a written certification under the Opioid | ||||||
3 | Alternative Pilot Program, the Commission shall electronically | ||||||
4 | forward the patient's identification information to the | ||||||
5 | Prescription Monitoring Program established under the Illinois | ||||||
6 | Controlled Substances Act and certify that the individual is | ||||||
7 | permitted to engage in the medical use of cannabis. For the | ||||||
8 | purposes of patient care, the Prescription Monitoring Program | ||||||
9 | shall make a notation on the person's prescription record | ||||||
10 | stating that the person has a written certification under the | ||||||
11 | Opioid Alternative Pilot Program and is a patient who is | ||||||
12 | entitled to the lawful medical use of cannabis. If the person | ||||||
13 | is no longer authorized to engage in the medical use of | ||||||
14 | cannabis, the Commission shall notify the Prescription | ||||||
15 | Monitoring Program and Department of Human Services to remove | ||||||
16 | the notation from the person's record. The Department of Human | ||||||
17 | Services and the Prescription Monitoring Program shall | ||||||
18 | establish a system by which the information may be shared | ||||||
19 | electronically. This confidential list may not be combined or | ||||||
20 | linked in any manner with any other list or database except as | ||||||
21 | provided in this Section. | ||||||
22 | (f) An Opioid Alternative Pilot Program participant shall | ||||||
23 | not be considered a qualifying patient with a debilitating | ||||||
24 | medical condition under this Article and shall be provided | ||||||
25 | access to medical cannabis solely for the duration of the | ||||||
26 | participant's certification. Nothing in this Section shall be |
| |||||||
| |||||||
1 | construed to limit or prohibit an Opioid Alternative Pilot | ||||||
2 | Program participant who has a debilitating medical condition | ||||||
3 | from applying to the Compassionate Use of Medical Cannabis | ||||||
4 | Program. | ||||||
5 | (g) A person with a provisional registration under Section | ||||||
6 | 75-55 shall not be considered an Opioid Alternative Pilot | ||||||
7 | Program participant. | ||||||
8 | (h) The Department of Financial and Professional | ||||||
9 | Regulation and the Department of Public Health shall submit | ||||||
10 | emergency rulemaking to implement the changes made by this | ||||||
11 | amendatory Act of the 102nd General Assembly by December 1, | ||||||
12 | 2018. The Department of Financial and Professional Regulation, | ||||||
13 | the Department of Agriculture, the Department of Human | ||||||
14 | Services, the Department of Public Health, and the Illinois | ||||||
15 | State Police shall utilize emergency purchase authority for 12 | ||||||
16 | months after the effective date of this amendatory Act of the | ||||||
17 | 102nd General Assembly for the purpose of implementing the | ||||||
18 | changes made by this amendatory Act of the 102nd General | ||||||
19 | Assembly. | ||||||
20 | (i) Dispensing organizations are not authorized to | ||||||
21 | dispense medical cannabis to Opioid Alternative Pilot Program | ||||||
22 | participants until administrative rules are approved by the | ||||||
23 | Joint Committee on Administrative Rules and go into effect. | ||||||
24 | (j) The provisions of this Section are inoperative on and | ||||||
25 | after July 1, 2025.
|
| |||||||
| |||||||
1 | (410 ILCS 705/75-65 new)
| ||||||
2 | Sec. 75-65. Denial of registry identification cards. | ||||||
3 | (a) The Commission may deny an application or renewal of a | ||||||
4 | qualifying patient's registry identification card only if the | ||||||
5 | applicant: | ||||||
6 | (1) did not provide the required information and | ||||||
7 | materials; | ||||||
8 | (2) previously had a registry identification card | ||||||
9 | revoked; | ||||||
10 | (3) did not meet the requirements of this Article; | ||||||
11 | (4) provided false or falsified information; or | ||||||
12 | (5) violated any requirement of this Article. | ||||||
13 | (b) (Blank). | ||||||
14 | (b-5) (Blank). | ||||||
15 | (c) The Commission may deny an application or renewal for | ||||||
16 | a designated caregiver chosen by a qualifying patient whose | ||||||
17 | registry identification card was granted only if: | ||||||
18 | (1) the designated caregiver does not meet the | ||||||
19 | requirements of subsection (i) of Section 75-10; | ||||||
20 | (2) the applicant did not provide the information | ||||||
21 | required; | ||||||
22 | (3) the prospective patient's application was denied; | ||||||
23 | (4) the designated caregiver previously had a registry | ||||||
24 | identification card revoked; | ||||||
25 | (5) the applicant or the designated caregiver provided | ||||||
26 | false or falsified information; or |
| |||||||
| |||||||
1 | (6) violated any requirement of this Article. | ||||||
2 | (d) (Blank). | ||||||
3 | (e) The Commission shall notify the qualifying patient who | ||||||
4 | has designated someone to serve as the patient's designated | ||||||
5 | caregiver if a registry identification card will not be issued | ||||||
6 | to the designated caregiver. | ||||||
7 | (f) Denial of an application or renewal is considered a | ||||||
8 | final Commission action, subject to judicial review. | ||||||
9 | Jurisdiction and venue for judicial review are vested in the | ||||||
10 | Circuit Court.
| ||||||
11 | (410 ILCS 705/75-70 new)
| ||||||
12 | Sec. 75-70. Registry identification cards. | ||||||
13 | (a) A registered qualifying patient or designated | ||||||
14 | caregiver must keep their registry identification card in the | ||||||
15 | patient's or caregiver's possession at all times when engaging | ||||||
16 | in the medical use of cannabis. | ||||||
17 | (b) Registry identification cards shall contain the | ||||||
18 | following: | ||||||
19 | (1) the name of the cardholder; | ||||||
20 | (2) a designation of whether the cardholder is a | ||||||
21 | designated caregiver or qualifying patient; | ||||||
22 | (3) the date of issuance and expiration date of the | ||||||
23 | registry identification card; | ||||||
24 | (4) a random alphanumeric identification number that | ||||||
25 | is unique to the cardholder; |
| |||||||
| |||||||
1 | (5) if the cardholder is a designated caregiver, the | ||||||
2 | random alphanumeric identification number of the | ||||||
3 | registered qualifying patient the designated caregiver is | ||||||
4 | receiving the registry identification card to assist; and | ||||||
5 | (6) a photograph of the cardholder, if required by | ||||||
6 | Commission rules. | ||||||
7 | (c) To maintain a valid registration identification card, | ||||||
8 | a registered qualifying patient and caregiver must annually | ||||||
9 | resubmit, at least 45 days prior to the expiration date stated | ||||||
10 | on the registry identification card, a completed renewal | ||||||
11 | application, renewal fee, and accompanying documentation as | ||||||
12 | described in Commission rules. The Commission shall send a | ||||||
13 | notification to a registered qualifying patient or registered | ||||||
14 | designated caregiver 90 days prior to the expiration of the | ||||||
15 | registered qualifying patient's or registered designated | ||||||
16 | caregiver's identification card. If the Commission fails to | ||||||
17 | grant or deny a renewal application received in accordance | ||||||
18 | with this Section, then the renewal is deemed granted and the | ||||||
19 | registered qualifying patient or registered designated | ||||||
20 | caregiver may continue to use the expired identification card | ||||||
21 | until the Commission denies the renewal or issues a new | ||||||
22 | identification card. | ||||||
23 | (d) Except as otherwise provided in this Section, the | ||||||
24 | expiration date is 3 years after the date of issuance. | ||||||
25 | (e) The Commission may electronically store in the card | ||||||
26 | any or all of the information listed in subsection (b), along |
| |||||||
| |||||||
1 | with the address and date of birth of the cardholder and the | ||||||
2 | qualifying patient's designated dispensary organization, to | ||||||
3 | allow it to be read by law enforcement agents.
| ||||||
4 | (410 ILCS 705/75-75 new)
| ||||||
5 | Sec. 75-75. Notifications to Commission and responses; | ||||||
6 | civil penalty. | ||||||
7 | (a) The following notifications and Commission responses | ||||||
8 | are required: | ||||||
9 | (1) A registered qualifying patient shall notify the | ||||||
10 | Commission of any change in the patient's name or address, | ||||||
11 | or if the registered qualifying patient ceases to have the | ||||||
12 | debilitating medical condition, within 10 days of the | ||||||
13 | change. | ||||||
14 | (2) A registered designated caregiver shall notify the | ||||||
15 | Commission of any change in the caregiver's name or | ||||||
16 | address, or if the designated caregiver becomes aware the | ||||||
17 | registered qualifying patient passed away, within 10 days | ||||||
18 | of the change. | ||||||
19 | (3) Before a registered qualifying patient changes the | ||||||
20 | patient's designated caregiver, the qualifying patient | ||||||
21 | must notify the Commission. | ||||||
22 | (4) If a cardholder loses the cardholder's registry | ||||||
23 | identification card, he or she shall notify the Commission | ||||||
24 | within 10 days of becoming aware the card has been lost. | ||||||
25 | (b) When a cardholder notifies the Commission of items |
| |||||||
| |||||||
1 | listed in subsection (a), but remains eligible under this | ||||||
2 | Article, the Commission shall issue the cardholder a new | ||||||
3 | registry identification card with a new random alphanumeric | ||||||
4 | identification number within 15 business days of receiving the | ||||||
5 | updated information and a fee as specified in Commission | ||||||
6 | rules. If the person notifying the Commission is a registered | ||||||
7 | qualifying patient, the Department shall also issue his or her | ||||||
8 | registered designated caregiver, if any, a new registry | ||||||
9 | identification card within 15 business days of receiving the | ||||||
10 | updated information. | ||||||
11 | (c) If a registered qualifying patient ceases to be a | ||||||
12 | registered qualifying patient or changes his or her registered | ||||||
13 | designated caregiver, the Commission shall promptly notify the | ||||||
14 | designated caregiver. The registered designated caregiver's | ||||||
15 | protections under this Article as to that qualifying patient | ||||||
16 | shall expire 15 days after notification by the Department. | ||||||
17 | (d) A cardholder who fails to make a notification to the | ||||||
18 | Commission that is required by this Section is subject to a | ||||||
19 | civil infraction, punishable by a penalty of no more than | ||||||
20 | $150. | ||||||
21 | (f) If the registered qualifying patient's certifying | ||||||
22 | health care professional notifies the Department in writing | ||||||
23 | that either the registered qualifying patient has ceased to | ||||||
24 | suffer from a debilitating medical condition, that the bona | ||||||
25 | fide health care professional-patient relationship has | ||||||
26 | terminated, or that continued use of medical
cannabis would |
| |||||||
| |||||||
1 | result in contraindication with the patient's
other | ||||||
2 | medication, the card shall become null and void. However, the | ||||||
3 | registered qualifying patient shall have 15 days to destroy | ||||||
4 | his or her remaining medical cannabis and related | ||||||
5 | paraphernalia.
| ||||||
6 | (410 ILCS 705/75-80 new)
| ||||||
7 | Sec. 75-80. Preparation of cannabis infused products. | ||||||
8 | (a) Notwithstanding any other provision of law, neither | ||||||
9 | the Department of Public Health nor the Commission nor the | ||||||
10 | health department of a unit of local government may regulate | ||||||
11 | the service of food by a registered cultivation center or | ||||||
12 | registered dispensing organization provided that all of the | ||||||
13 | following conditions are met: | ||||||
14 | (1) No cannabis infused products requiring | ||||||
15 | refrigeration or hot-holding shall be manufactured at a | ||||||
16 | cultivation center for sale or distribution at a | ||||||
17 | dispensing organization due to the potential for | ||||||
18 | food-borne illness. | ||||||
19 | (2) Baked products infused with medical cannabis (such | ||||||
20 | as brownies, bars, cookies, cakes), tinctures, and other | ||||||
21 | non-refrigerated items are acceptable for sale at | ||||||
22 | dispensing organizations. The products are allowable for | ||||||
23 | sale only at registered dispensing organizations. | ||||||
24 | (3) All items shall be individually wrapped at the | ||||||
25 | original point of preparation. The packaging of the |
| |||||||
| |||||||
1 | medical cannabis infused product shall conform to the | ||||||
2 | labeling requirements of the Illinois Food, Drug and | ||||||
3 | Cosmetic Act and shall include the following information | ||||||
4 | on each product offered for sale or distribution: | ||||||
5 | (A) the name and address of the registered | ||||||
6 | cultivation center where the item was manufactured; | ||||||
7 | (B) the common or usual name of the item; | ||||||
8 | (C) all ingredients of the item, including any | ||||||
9 | colors, artificial flavors, and preservatives, listed | ||||||
10 | in descending order by predominance of weight shown | ||||||
11 | with common or usual names; | ||||||
12 | (D) the following phrase: "This product was | ||||||
13 | produced in a medical cannabis cultivation center not | ||||||
14 | subject to public health inspection that may also | ||||||
15 | process common food allergens."; | ||||||
16 | (E) allergen labeling as specified in the Federal | ||||||
17 | Food, Drug and Cosmetics Act, Federal Fair Packaging | ||||||
18 | and Labeling Act, and the Illinois Food, Drug and | ||||||
19 | Cosmetic Act; | ||||||
20 | (F) the pre-mixed total weight (in ounces or | ||||||
21 | grams) of usable cannabis in the package; | ||||||
22 | (G) a warning that the item is a medical cannabis | ||||||
23 | infused product and not a food must be distinctly and | ||||||
24 | clearly legible on the front of the package; | ||||||
25 | (H) a clearly legible warning emphasizing that the | ||||||
26 | product contains medical cannabis and is intended for |
| |||||||
| |||||||
1 | consumption by registered qualifying patients only;
| ||||||
2 | and | ||||||
3 | (I) date of manufacture and "use by date". | ||||||
4 | (4) Any dispensing organization that sells edible | ||||||
5 | cannabis infused products must display a placard that | ||||||
6 | states the following: "Edible cannabis infused products | ||||||
7 | were produced in a kitchen not subject to public health | ||||||
8 | inspections that may also process common food allergens." | ||||||
9 | The placard shall be no smaller than 24" tall by 36" wide, | ||||||
10 | with typed letters no smaller than 2". The placard shall | ||||||
11 | be clearly visible and readable by customers and shall be | ||||||
12 | written in English. | ||||||
13 | (5) Cannabis infused products for sale or distribution | ||||||
14 | at a dispensing organization must be prepared by an | ||||||
15 | approved staff member of a registered cultivation center. | ||||||
16 | (6) A cultivation center that prepares cannabis | ||||||
17 | infused products for sale or distribution at a dispensing | ||||||
18 | organization shall be under the operational supervision of | ||||||
19 | a Department of Public Health certified food service | ||||||
20 | sanitation manager. | ||||||
21 | (b) The Commission in collaboration with the Department of | ||||||
22 | Public Health shall adopt rules for the manufacture of medical | ||||||
23 | cannabis-infused products and shall enforce these provisions, | ||||||
24 | and for that purpose it may at all times enter every building, | ||||||
25 | room, basement, enclosure, or premises occupied or used or | ||||||
26 | suspected of being occupied or used for the production, |
| |||||||
| |||||||
1 | preparation, manufacture for sale, storage, sale, distribution | ||||||
2 | or transportation of medical cannabis edible products, to | ||||||
3 | inspect the premises and all utensils, fixtures, furniture, | ||||||
4 | and machinery used for the preparation of these products. | ||||||
5 | (c) If a local health organization has a reasonable belief | ||||||
6 | that a cultivation center's cannabis-infused product poses a | ||||||
7 | public health hazard, it may refer the cultivation center to | ||||||
8 | the Department of Public Health and the Commission. If the | ||||||
9 | Department of Public Health in collaboration with the | ||||||
10 | Commission finds that a cannabis-infused product poses a | ||||||
11 | health hazard, the Commission may without administrative | ||||||
12 | procedure to bond, bring an action for immediate injunctive | ||||||
13 | relief to require that action be taken as the court may deem | ||||||
14 | necessary to meet the hazard of the cultivation center.
| ||||||
15 | (410 ILCS 705/75-115.5 new) | ||||||
16 | Sec. 75-115.5. Social Equity Justice Involved Medical | ||||||
17 | Lottery. | ||||||
18 | (a) In this Section: | ||||||
19 | "By lot" has the same meaning as defined in Section 1-10. | ||||||
20 | "Qualifying Applicant" has the same meaning as defined in | ||||||
21 | subsection (a-5) of Section 75-115. | ||||||
22 | "Social Equity Justice Involved Applicant" has the same | ||||||
23 | meaning as defined in subsection (a-5) of Section 75-115. | ||||||
24 | "Social Equity Justice Involved Medical Lottery" means the | ||||||
25 | process of issuing 5 available medical cannabis dispensing |
| |||||||
| |||||||
1 | organization registrations by lot, conducted by the Department | ||||||
2 | of Financial and Professional Regulation, for applicants who | ||||||
3 | are either: (i) Social Equity Justice Involved Applicants; or | ||||||
4 | (ii) Qualifying Applicants. | ||||||
5 | (b) The Department of Financial and Professional | ||||||
6 | Regulation and, after July 1, 2022, the Commission, shall | ||||||
7 | conduct a Social Equity Justice Involved Medical Lottery to | ||||||
8 | award up to 5 medical cannabis dispensing organization | ||||||
9 | registrations by lot in accordance with Section 75-115. | ||||||
10 | (c) The Department of Financial and Professional | ||||||
11 | Regulation and, after July 1, 2022, the Commission, shall | ||||||
12 | adopt rules through emergency rulemaking in accordance with | ||||||
13 | subsection (kk) of Section 5-45 of the Illinois Administrative | ||||||
14 | Procedure Act to create a registration process, a streamlined | ||||||
15 | application, an application fee not to exceed $5,000 for | ||||||
16 | purposes of this Section, and limits on the number of entries | ||||||
17 | into the Social Equity Justice Involved Medical Lottery, as | ||||||
18 | well as any other measures to reduce barriers to enter the | ||||||
19 | cannabis industry. The General Assembly finds that the | ||||||
20 | adoption of rules to regulate cannabis use is deemed an | ||||||
21 | emergency and necessary for the public interest, safety, and | ||||||
22 | welfare. | ||||||
23 | (d) Social Equity Justice Involved Applicants awarded a | ||||||
24 | registration under subsection (a-5) of Section 75-115 are | ||||||
25 | eligible to serve purchasers at the same site and a secondary | ||||||
26 | site under this Act, subject to application and inspection |
| |||||||
| |||||||
1 | processes established by the Department. The licenses issued | ||||||
2 | under this Section shall be valid for 2 years after the date of | ||||||
3 | issuance and shall renew in the manner proscribed by the | ||||||
4 | Department. | ||||||
5 | (e) No applicant may be awarded more than one medical | ||||||
6 | cannabis dispensing organization registration at the | ||||||
7 | conclusion of the lottery conducted under this Section. | ||||||
8 | (f) No individual may be listed as a principal officer of | ||||||
9 | more than one medical cannabis dispensing organization | ||||||
10 | registration awarded under this Section.
| ||||||
11 | (410 ILCS 705/75-140 new)
| ||||||
12 | Sec. 75-140. Local ordinances. A unit of local government | ||||||
13 | may enact reasonable zoning ordinances or resolutions, not in | ||||||
14 | conflict with this Article or with Department of Agriculture | ||||||
15 | or Department of Financial and Professional Regulation rules, | ||||||
16 | regulating registered medical cannabis cultivation center or | ||||||
17 | medical cannabis dispensing organizations. No unit of local | ||||||
18 | government, including a home rule unit, or school district may | ||||||
19 | regulate registered medical cannabis organizations other than | ||||||
20 | as provided in this Article and may not unreasonably prohibit | ||||||
21 | the cultivation, dispensing, and use of medical cannabis | ||||||
22 | authorized by this Article. This Section is a denial and | ||||||
23 | limitation under subsection (i) of Section 6 of Article VII of | ||||||
24 | the Illinois Constitution on the concurrent exercise by home | ||||||
25 | rule units of powers and functions exercised by the State.
|
| |||||||
| |||||||
1 | (410 ILCS 705/75-145 new)
| ||||||
2 | Sec. 75-145. Confidentiality. | ||||||
3 | (a) The following information received and records kept by | ||||||
4 | the
Department of Public Health, Department of Financial and | ||||||
5 | Professional Regulation, Department of Agriculture, or | ||||||
6 | Illinois State Police and, after July 1, 2022, the Commission, | ||||||
7 | for purposes of administering this Article are subject to all | ||||||
8 | applicable federal privacy laws, confidential, and exempt from | ||||||
9 | the Freedom of Information Act, and not subject to disclosure | ||||||
10 | to any individual or public or private entity, except as | ||||||
11 | necessary for authorized employees of those authorized | ||||||
12 | agencies to perform official duties under this Article and the | ||||||
13 | following information received and records kept by the | ||||||
14 | Department of Public Health, Department of Agriculture, | ||||||
15 | Department of Financial and Professional Regulation, Illinois | ||||||
16 | State Police, and the Commission excluding any existing or | ||||||
17 | non-existing Illinois or national criminal history record | ||||||
18 | information as defined in subsection (d), may be disclosed to | ||||||
19 | each other upon request: | ||||||
20 | (1) Applications and renewals, their contents, and | ||||||
21 | supporting information submitted by qualifying patients | ||||||
22 | and designated caregivers, including information regarding | ||||||
23 | their designated caregivers and certifying health care | ||||||
24 | professionals. | ||||||
25 | (2) Applications and renewals, their contents, and |
| |||||||
| |||||||
1 | supporting information submitted by or on behalf of | ||||||
2 | cultivation centers and dispensing organizations in | ||||||
3 | compliance with this Article, including their physical | ||||||
4 | addresses. This does not preclude the release of ownership | ||||||
5 | information of cannabis business establishment licenses. | ||||||
6 | (3) The individual names and other information | ||||||
7 | identifying persons to whom the Department of Public | ||||||
8 | Health has issued registry identification cards. | ||||||
9 | (4) Any dispensing information required to be kept | ||||||
10 | under Section 75-135, Section 75-150, or Department of | ||||||
11 | Public Health, Department of Agriculture, Department of | ||||||
12 | Financial and Professional Regulation, and Commission | ||||||
13 | rules shall identify cardholders and registered | ||||||
14 | cultivation centers by their registry identification | ||||||
15 | numbers and medical cannabis dispensing organizations by | ||||||
16 | their registration number and not contain names or other | ||||||
17 | personally identifying information. | ||||||
18 | (5) All medical records provided to the Department of | ||||||
19 | Public Health and the Commission in connection with an | ||||||
20 | application for a registry card. | ||||||
21 | (b) Nothing in this Section precludes the following: | ||||||
22 | (1) Department of Agriculture, Department of Financial | ||||||
23 | and Professional Regulation, Public Health, or Commission | ||||||
24 | employees may notify law enforcement about falsified or | ||||||
25 | fraudulent information submitted to the Departments if the | ||||||
26 | employee who suspects that falsified or fraudulent |
| |||||||
| |||||||
1 | information has been submitted conferred with his or her | ||||||
2 | supervisor and both agree that circumstances exist that | ||||||
3 | warrant reporting. | ||||||
4 | (2) If the employee conferred with the employee's | ||||||
5 | supervisor and both agree that circumstances exist that | ||||||
6 | warrant reporting, Commission employees may notify the | ||||||
7 | Department of Financial and Professional Regulation if | ||||||
8 | there is reasonable cause to believe a certifying health | ||||||
9 | care professional: | ||||||
10 | (A) issued a written certification without a bona | ||||||
11 | fide health care professional-patient relationship | ||||||
12 | under this Article; | ||||||
13 | (B) issued a written certification to a person who | ||||||
14 | was not under the certifying health care | ||||||
15 | professional's care for the debilitating medical | ||||||
16 | condition; or | ||||||
17 | (C) failed to abide by the acceptable and | ||||||
18 | prevailing standard of care when evaluating a | ||||||
19 | patient's medical condition. | ||||||
20 | (3) The Department of Public Health, Department of | ||||||
21 | Agriculture, and Department of Financial and Professional | ||||||
22 | Regulation and, after July 1, 2022, the Commission, may | ||||||
23 | notify State or local law enforcement about apparent | ||||||
24 | criminal violations of this Article if the employee who | ||||||
25 | suspects the offense has conferred with the employee's | ||||||
26 | supervisor and both agree that circumstances exist that |
| |||||||
| |||||||
1 | warrant reporting. | ||||||
2 | (4) Medical cannabis cultivation center agents and | ||||||
3 | medical cannabis dispensing organizations may notify the | ||||||
4 | Department of Public Health, Department of Financial and | ||||||
5 | Professional Regulation, or Department of Agriculture and, | ||||||
6 | after July 1, 2022, the Commission, of a suspected | ||||||
7 | violation or attempted violation of this Article or the | ||||||
8 | rules issued under it. | ||||||
9 | (5) The Commission may verify registry identification | ||||||
10 | cards under Section 75-150. | ||||||
11 | (6) The submission of the report to the General | ||||||
12 | Assembly under Section 75-160. | ||||||
13 | (b-5) Each Department responsible for licensure under this | ||||||
14 | Article shall publish on the Department's website a list of | ||||||
15 | the ownership information of cannabis business establishment | ||||||
16 | licensees under the Department's jurisdiction. The list shall | ||||||
17 | include, but shall not be limited to, the name of the person or | ||||||
18 | entity holding each cannabis business establishment license | ||||||
19 | and the address at which the entity is operating under this | ||||||
20 | Article. This list shall be published and updated monthly. | ||||||
21 | (c) Except for any ownership information released pursuant | ||||||
22 | to subsection (b-5) or as otherwise authorized or required by | ||||||
23 | law, it is a Class B misdemeanor with a $1,000 fine for any | ||||||
24 | person, including an employee or official of the Department of | ||||||
25 | Public Health, Department of Financial and Professional | ||||||
26 | Regulation, or Department of Agriculture or another State |
| |||||||
| |||||||
1 | agency or local government, to breach the confidentiality of | ||||||
2 | information obtained under this Article.
| ||||||
3 | (d) The Department of Public Health, the Department of | ||||||
4 | Agriculture, the Illinois State Police, and the Department of | ||||||
5 | Financial and Professional Regulation shall not share or | ||||||
6 | disclose any existing or non-existing Illinois or national | ||||||
7 | criminal history record information. For the purposes of this | ||||||
8 | Section, "any existing or non-existing Illinois or national | ||||||
9 | criminal history record information" means any Illinois or | ||||||
10 | national criminal history record information, including but | ||||||
11 | not limited to the lack of or non-existence of these records. | ||||||
12 | (410 ILCS 705/75-170 new)
| ||||||
13 | Sec. 75-170. Enforcement of this Article. | ||||||
14 | (a) If a Department fails to adopt rules to implement this | ||||||
15 | Article within the times provided for in this Article, any | ||||||
16 | citizen may commence a mandamus action in the Circuit Court to | ||||||
17 | compel the Departments to perform the actions mandated under | ||||||
18 | the provisions of this Article. | ||||||
19 | (b) If the Department of Public Health, Department of | ||||||
20 | Agriculture, or Department of Financial and Professional | ||||||
21 | Regulation fails to issue a valid identification card in | ||||||
22 | response to a valid application or renewal submitted under | ||||||
23 | this Article or fails to issue a verbal or written notice of | ||||||
24 | denial of the application within 30 days of its submission, | ||||||
25 | the identification card is deemed granted, and a copy of the |
| |||||||
| |||||||
1 | registry identification application, including a valid written | ||||||
2 | certification in the case of patients, or renewal shall be | ||||||
3 | deemed a valid registry identification card. | ||||||
4 | (c) Authorized employees of State or local law enforcement | ||||||
5 | agencies shall immediately notify the Department of Public | ||||||
6 | Health when any person in possession of a registry | ||||||
7 | identification card has been determined by a court of law to | ||||||
8 | have willfully violated the provisions of this Article or has | ||||||
9 | pled guilty to the offense.
| ||||||
10 | (410 ILCS 705/75-173 new) | ||||||
11 | Sec. 75-173. Conflicts of law. To the extent that any | ||||||
12 | provision of this Article conflicts with any Act that allows | ||||||
13 | the recreational use of cannabis, the provisions of that Act | ||||||
14 | shall control.
| ||||||
15 | (410 ILCS 705/75-175 new)
| ||||||
16 | Sec. 75-175. Administrative hearings. | ||||||
17 | (a) Administrative hearings involving the Department of | ||||||
18 | Public Health, a qualifying patient, or a designated caregiver | ||||||
19 | shall be conducted under the Department of Public Health's | ||||||
20 | rules governing administrative hearings. | ||||||
21 | (b) Administrative hearings involving the Department of | ||||||
22 | Financial and Professional Regulation, dispensing | ||||||
23 | organizations, or dispensing organization agents shall be | ||||||
24 | conducted under the Department of Financial and Professional |
| |||||||
| |||||||
1 | Regulation's rules governing administrative hearings. | ||||||
2 | (c) Administrative hearings involving the Department of | ||||||
3 | Agriculture, registered cultivation centers, or cultivation | ||||||
4 | center agents shall be conducted under the Department of | ||||||
5 | Agriculture's rules governing administrative hearings.
| ||||||
6 | (410 ILCS 705/75-180 new)
| ||||||
7 | Sec. 75-180. Destruction of medical cannabis. | ||||||
8 | (a) All cannabis byproduct, scrap, and harvested cannabis | ||||||
9 | not intended for distribution to a medical cannabis | ||||||
10 | organization must be destroyed and disposed of pursuant to | ||||||
11 | State law. Documentation of destruction and disposal shall be | ||||||
12 | retained at the cultivation center for a period of not less | ||||||
13 | than 5 years. | ||||||
14 | (b) A cultivation center shall prior to the destruction, | ||||||
15 | notify the Department of Agriculture and the Illinois State | ||||||
16 | Police. | ||||||
17 | (c) The cultivation center shall keep record of the date | ||||||
18 | of destruction and how much was
destroyed. | ||||||
19 | (d) A dispensary organization shall destroy all cannabis, | ||||||
20 | including cannabis-infused products, that are not sold to | ||||||
21 | registered qualifying patients. Documentation of destruction | ||||||
22 | and disposal shall be retained at the dispensary organization | ||||||
23 | for a period of not less than 5 years. | ||||||
24 | (e) A dispensary organization shall prior to the | ||||||
25 | destruction, notify the Department of Financial and |
| |||||||
| |||||||
1 | Professional Regulation and the Illinois State Police.
| ||||||
2 | (410 ILCS 705/75-185 new)
| ||||||
3 | Sec. 75-185. Suspension revocation of a registration. | ||||||
4 | (a) The Department of Agriculture, the Department of | ||||||
5 | Financial and Professional Regulation, and the Department of | ||||||
6 | Public Health may suspend or revoke a registration for | ||||||
7 | violations of this Article and rules issued in accordance with | ||||||
8 | this Section. | ||||||
9 | (b) The suspension or revocation of a registration is a | ||||||
10 | final Department action, subject to judicial review. | ||||||
11 | Jurisdiction and venue for judicial review are vested in the | ||||||
12 | Circuit Court.
| ||||||
13 | (410 ILCS 705/75-190 new)
| ||||||
14 | Sec. 75-190. Medical Cannabis Cultivation Privilege Tax | ||||||
15 | Law. Sections 75-190 through 75-215 may be cited as the | ||||||
16 | Medical Cannabis Cultivation Privilege Tax Law.
| ||||||
17 | (410 ILCS 705/75-195 new)
| ||||||
18 | Sec. 75-195. Definitions. As used in this Article: | ||||||
19 | "Cultivation center" has the meaning ascribed to that term | ||||||
20 | in the Compassionate Use of Medical Cannabis Program Act. | ||||||
21 | "Department" means the Department of Revenue. | ||||||
22 | "Dispensing organization" has the meaning ascribed to that | ||||||
23 | term in the Compassionate Use of Medical Cannabis Program Act. |
| |||||||
| |||||||
1 | "Person" means an individual, partnership, corporation, or | ||||||
2 | public or private organization. | ||||||
3 | "Qualifying patient" means a qualifying patient registered | ||||||
4 | under the Compassionate Use of Medical Cannabis Program Act.
| ||||||
5 | (410 ILCS 705/75-200 new)
| ||||||
6 | Sec. 75-200. Tax imposed. | ||||||
7 | (a) Beginning on the effective date of this Article, a tax | ||||||
8 | is imposed upon the privilege of cultivating medical cannabis | ||||||
9 | at a rate of 7% of the sales price per ounce. The proceeds from | ||||||
10 | this tax shall be deposited into the Compassionate Use of | ||||||
11 | Medical Cannabis Fund created under the Compassionate Use of | ||||||
12 | Medical Cannabis Program Act. This tax shall be paid by a | ||||||
13 | cultivation center and is not the responsibility of a | ||||||
14 | dispensing organization or a qualifying patient. | ||||||
15 | (b) The tax imposed under this Article shall be in | ||||||
16 | addition to all other occupation or privilege taxes imposed by | ||||||
17 | the State of Illinois or by any municipal corporation or | ||||||
18 | political subdivision thereof.
| ||||||
19 | (410 ILCS 705/75-205 new)
| ||||||
20 | Sec. 75-205. Department enforcement. | ||||||
21 | (a) Every person subject to the tax under this Article | ||||||
22 | shall apply to the Department (upon a form prescribed and | ||||||
23 | furnished by the Department) for a certificate of registration | ||||||
24 | under this Article. Application for a certificate of |
| |||||||
| |||||||
1 | registration shall be made to the Department upon forms | ||||||
2 | furnished by the Department. The certificate of registration | ||||||
3 | which is issued by the Department to a retailer under the | ||||||
4 | Retailers' Occupation Tax Act shall permit the taxpayer to | ||||||
5 | engage in a business which is taxable under this Article | ||||||
6 | without registering separately with the Department. | ||||||
7 | (b) The Department shall have full power to administer and | ||||||
8 | enforce this Article, to collect all taxes and penalties due | ||||||
9 | hereunder, to dispose of taxes and penalties so collected in | ||||||
10 | the manner hereinafter provided, and to determine all rights | ||||||
11 | to credit memoranda, arising on account of the erroneous | ||||||
12 | payment of tax or penalty hereunder. In the administration of, | ||||||
13 | and compliance with, this Article, the Department and persons | ||||||
14 | who are subject to this Article shall have the same rights, | ||||||
15 | remedies, privileges, immunities, powers and duties, and be | ||||||
16 | subject to the same conditions, restrictions, limitations, | ||||||
17 | penalties and definitions of terms, and employ the same modes | ||||||
18 | of procedure, as are prescribed in Sections 1, 1a, 2 through | ||||||
19 | 2-65 (in respect to all provisions therein other than the | ||||||
20 | State rate of tax), 2a, 2b, 2c, 3 (except provisions relating | ||||||
21 | to transaction returns and quarter monthly payments, and | ||||||
22 | except for provisions that are inconsistent with this | ||||||
23 | Article), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, | ||||||
24 | 6c, 7, 8, 9, 10, 11, 11a, 12 and 13 of the Retailers' | ||||||
25 | Occupation Tax Act and Section 3-7 of the Uniform Penalty and | ||||||
26 | Interest Act as fully as if those provisions were set forth |
| |||||||
| |||||||
1 | herein.
| ||||||
2 | (410 ILCS 705/75-210 new)
| ||||||
3 | Sec. 75-210. Returns. | ||||||
4 | (a) This subsection (a) applies to returns due on or | ||||||
5 | before the effective date of this amendatory Act of the 102nd | ||||||
6 | General Assembly. On or before the twentieth day of each | ||||||
7 | calendar month, every person subject to the tax imposed under | ||||||
8 | this Article during the preceding calendar month shall file a | ||||||
9 | return with the Department, stating: | ||||||
10 | (1) The name of the taxpayer; | ||||||
11 | (2) The number of ounces of medical cannabis sold to a | ||||||
12 | dispensing organization or a registered qualifying patient | ||||||
13 | during the preceding calendar month; | ||||||
14 | (3) The amount of tax due; | ||||||
15 | (4) The signature of the taxpayer; and | ||||||
16 | (5) Such other reasonable information as the
| ||||||
17 | Department may require. | ||||||
18 | If a taxpayer fails to sign a return within 30 days after | ||||||
19 | the proper notice and demand for signature by the Department, | ||||||
20 | the return shall be considered valid and any amount shown to be | ||||||
21 | due on the return shall be deemed assessed. | ||||||
22 | The taxpayer shall remit the amount of the tax due to the | ||||||
23 | Department at the time the taxpayer files his or her return.
| ||||||
24 | (b) Beginning on the effective date of this amendatory Act | ||||||
25 | of the 102nd General Assembly, Section 65-20 shall apply to |
| |||||||
| |||||||
1 | returns filed and taxes paid under this Article to the same | ||||||
2 | extent as if those provisions were set forth in full in this | ||||||
3 | Section. | ||||||
4 | (410 ILCS 705/75-215 new)
| ||||||
5 | Sec. 75-215. Rules. The Department may adopt rules related | ||||||
6 | to the enforcement of this Article.
| ||||||
7 | (410 ILCS 705/10-30 rep.) | ||||||
8 | (410 ILCS 705/15-36 rep.) | ||||||
9 | (410 ILCS 705/15-40 rep.) | ||||||
10 | (410 ILCS 705/15-45 rep.) | ||||||
11 | (410 ILCS 705/15-50 rep.) | ||||||
12 | (410 ILCS 705/15-60 rep.) | ||||||
13 | (410 ILCS 705/15-65 rep.) | ||||||
14 | (410 ILCS 705/15-70 rep.) | ||||||
15 | (410 ILCS 705/15-95 rep.) | ||||||
16 | (410 ILCS 705/20-20 rep.) | ||||||
17 | (410 ILCS 705/20-25 rep.) | ||||||
18 | (410 ILCS 705/20-35 rep.) | ||||||
19 | (410 ILCS 705/20-40 rep.) | ||||||
20 | (410 ILCS 705/20-45 rep.) | ||||||
21 | (410 ILCS 705/30-15 rep.) | ||||||
22 | (410 ILCS 705/30-25 rep.) | ||||||
23 | (410 ILCS 705/30-35 rep.) | ||||||
24 | (410 ILCS 705/30-40 rep.) |
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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1 | (410 ILCS 705/35-15 rep.) | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | (410 ILCS 705/35-20 rep.) | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | (410 ILCS 705/35-30 rep.) | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | (410 ILCS 705/35-35 rep.) | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | (410 ILCS 705/35-40 rep.) | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | (410 ILCS 705/40-15 rep.) | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | (410 ILCS 705/40-30 rep.) | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | (410 ILCS 705/40-35 rep.) | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | (410 ILCS 705/40-40 rep.) | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | (410 ILCS 705/55-80 rep.) | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | Section 15. The Cannabis Regulation and Tax Act is amended | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | by repealing Sections 10-30, 15-36, 15-40, 15-45, 15-50, | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | 15-60, 15-65, 15-70, 15-95, 20-20, 20-25, 20-35, 20-40, 20-45, | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | 30-15, 30-25, 30-35, 30-40, 35-15, 35-20, 35-30, 35-35, 35-40, | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | 40-15, 40-30, 40-35, 40-40, and 55-80.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | 410 ILCS 130/Act rep. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
17 | Section 20. The Compassionate Use of Medical Cannabis | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
18 | Program Act is repealed. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
19 | Section 99. Effective date. This Act takes effect July 1, | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
20 | 2022. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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