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| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB3105 Introduced 1/11/2022, by Sen. Cristina Castro SYNOPSIS AS INTRODUCED: |
| 410 ILCS 705/1-10 | | 410 ILCS 705/15-87 new | | 410 ILCS 705/20-30 | | 410 ILCS 705/30-30 | |
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Amends the Cannabis Regulation and Tax Act. Provides that a craft craft grower may contain up to 14,000 (rather than 5,000) square feet of canopy space on its premises for plants in the flowering state. Removes language providing that the Department of Agriculture may authorize an increase or decrease of flowering stage cultivation space in increments of 3,000 square feet by rule based on market need, craft grower capacity, and the licensee's history of compliance or noncompliance, with a maximum space of 14,000 square feet for cultivating plants in the flowering stage. Provides that, notwithstanding any other provision of law, a dispensing organization may offer curbside or drive-through pickup after submitting and receiving approval from the Department of Financial and Professional Regulation. Provides that all orders for curbside or drive-through pickup must be placed in advance and no in person or on-site ordering is permitted. Requires each cultivation center to set aside a portion of THC oil extract from its monthly production for sale to craft growers and infuser organizations licensed under the Act. Provides that a cultivation center is prohibited from requiring a craft grower or infuser organization to purchase one product in order to purchase another and from discriminating in price between similarly situated craft growers or infusers organizations. Requires cultivation centers to provide the Department of Agriculture with sales data for the sale of THC oil extract to a craft grower or infuser organization upon request. Provides that the Department of Agriculture shall publish the average sale price of THC oil extract for each cultivation center monthly on its website. Removes language providing that a craft grower shall not be located within 1,500 feet of another craft grower or a cultivation center.
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| | A BILL FOR |
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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 Cannabis Regulation and Tax Act is amended |
5 | | by changing Sections 1-10, 20-30, and 30-30 and by adding |
6 | | Section 15-87 as follows: |
7 | | (410 ILCS 705/1-10)
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8 | | Sec. 1-10. Definitions. In this Act: |
9 | | "Adult Use Cultivation Center License" means a license |
10 | | issued by the Department of Agriculture that permits a person |
11 | | to act as a cultivation center under this Act and any |
12 | | administrative rule made in furtherance of this Act. |
13 | | "Adult Use Dispensing Organization License" means a |
14 | | license issued by the Department of Financial and Professional |
15 | | Regulation that permits a person to act as a dispensing |
16 | | organization under this Act and any administrative rule made |
17 | | in furtherance of this Act. |
18 | | "Advertise" means to engage in promotional activities |
19 | | including, but not limited to: newspaper, radio, Internet and |
20 | | electronic media, and television advertising; the distribution |
21 | | of fliers and circulars; billboard advertising; and the |
22 | | display of window and interior signs. "Advertise" does not |
23 | | mean exterior signage displaying only the name of the licensed |
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1 | | cannabis business establishment. |
2 | | "Application points" means the number of points a |
3 | | Dispensary Applicant receives on an application for a |
4 | | Conditional Adult Use Dispensing Organization License. |
5 | | "BLS Region" means a region in Illinois used by the United |
6 | | States Bureau of Labor Statistics to gather and categorize |
7 | | certain employment and wage data. The 17 such regions in |
8 | | Illinois are: Bloomington, Cape Girardeau, Carbondale-Marion, |
9 | | Champaign-Urbana, Chicago-Naperville-Elgin, Danville, |
10 | | Davenport-Moline-Rock Island, Decatur, Kankakee, Peoria, |
11 | | Rockford, St. Louis, Springfield, Northwest Illinois |
12 | | nonmetropolitan area, West Central Illinois nonmetropolitan |
13 | | area, East Central Illinois nonmetropolitan area, and South |
14 | | Illinois nonmetropolitan area. |
15 | | "By lot" means a randomized method of choosing between 2 |
16 | | or more Eligible Tied Applicants or 2 or more Qualifying |
17 | | Applicants. |
18 | | "Cannabis" means marijuana, hashish, and other substances |
19 | | that are identified as including any parts of the plant |
20 | | Cannabis sativa and including derivatives or subspecies, such |
21 | | as indica, of all strains of cannabis, whether growing or not; |
22 | | the seeds thereof, the resin extracted from any part of the |
23 | | plant; and any compound, manufacture, salt, derivative, |
24 | | mixture, or preparation of the plant, its seeds, or resin, |
25 | | including tetrahydrocannabinol (THC) and all other naturally |
26 | | produced cannabinol derivatives, whether produced directly or |
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1 | | indirectly by extraction; however, "cannabis" does not include |
2 | | the mature stalks of the plant, fiber produced from the |
3 | | stalks, oil or cake made from the seeds of the plant, any other |
4 | | compound, manufacture, salt, derivative, mixture, or |
5 | | preparation of the mature stalks (except the resin extracted |
6 | | from it), fiber, oil or cake, or the sterilized seed of the |
7 | | plant that is incapable of germination. "Cannabis" does not |
8 | | include industrial hemp as defined and authorized under the |
9 | | Industrial Hemp Act. "Cannabis" also means cannabis flower, |
10 | | concentrate, and cannabis-infused products. |
11 | | "Cannabis business establishment" means a cultivation |
12 | | center, craft grower, processing organization, infuser |
13 | | organization, dispensing organization, or transporting |
14 | | organization. |
15 | | "Cannabis concentrate" means a product derived from |
16 | | cannabis that is produced by extracting cannabinoids, |
17 | | including tetrahydrocannabinol (THC), from the plant through |
18 | | the use of propylene glycol, glycerin, butter, olive oil , or |
19 | | other typical cooking fats; water, ice, or dry ice; or butane, |
20 | | propane, CO 2 , ethanol, or isopropanol and with the intended |
21 | | use of smoking or making a cannabis-infused product. The use |
22 | | of any other solvent is expressly prohibited unless and until |
23 | | it is approved by the Department of Agriculture. |
24 | | "Cannabis container" means a sealed or resealable, |
25 | | traceable, container, or package used for the purpose of |
26 | | containment of cannabis or cannabis-infused product during |
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1 | | transportation. |
2 | | "Cannabis flower" means marijuana, hashish, and other |
3 | | substances that are identified as including any parts of the |
4 | | plant Cannabis sativa and including derivatives or subspecies, |
5 | | such as indica, of all strains of cannabis; including raw |
6 | | kief, leaves, and buds, but not resin that has been extracted |
7 | | from any part of such plant; nor any compound, manufacture, |
8 | | salt, derivative, mixture, or preparation of such plant, its |
9 | | seeds, or resin. |
10 | | "Cannabis-infused product" means a beverage, food, oil, |
11 | | ointment, tincture, topical formulation, or another product |
12 | | containing cannabis or cannabis concentrate that is not |
13 | | intended to be smoked. |
14 | | "Cannabis paraphernalia" means equipment, products, or |
15 | | materials intended to be used for planting, propagating, |
16 | | cultivating, growing, harvesting, manufacturing, producing, |
17 | | processing, preparing, testing, analyzing, packaging, |
18 | | repackaging, storing, containing, concealing, ingesting, or |
19 | | otherwise introducing cannabis into the human body. |
20 | | "Cannabis plant monitoring system" or "plant monitoring |
21 | | system" means a system that includes, but is not limited to, |
22 | | testing and data collection established and maintained by the |
23 | | cultivation center, craft grower, or processing organization |
24 | | and that is available to the Department of Revenue, the |
25 | | Department of Agriculture, the Department of Financial and |
26 | | Professional Regulation, and the Illinois State Police for the |
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1 | | purposes of documenting each cannabis plant and monitoring |
2 | | plant development throughout the life cycle of a cannabis |
3 | | plant cultivated for the intended use by a customer from seed |
4 | | planting to final packaging. |
5 | | "Cannabis testing facility" means an entity registered by |
6 | | the Department of Agriculture to test cannabis for potency and |
7 | | contaminants. |
8 | | "Clone" means a plant section from a female cannabis plant |
9 | | not yet rootbound, growing in a water solution or other |
10 | | propagation matrix, that is capable of developing into a new |
11 | | plant. |
12 | | "Community College Cannabis Vocational Training Pilot |
13 | | Program faculty participant" means a person who is 21 years of |
14 | | age or older, licensed by the Department of Agriculture, and |
15 | | is employed or contracted by an Illinois community college to |
16 | | provide student instruction using cannabis plants at an |
17 | | Illinois Community College. |
18 | | "Community College Cannabis Vocational Training Pilot |
19 | | Program faculty participant Agent Identification Card" means a |
20 | | document issued by the Department of Agriculture that |
21 | | identifies a person as a Community College Cannabis Vocational |
22 | | Training Pilot Program faculty participant. |
23 | | "Conditional Adult Use Dispensing Organization License" |
24 | | means a contingent license awarded to applicants for an Adult |
25 | | Use Dispensing Organization License that reserves the right to |
26 | | an Adult Use Dispensing Organization License if the applicant |
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1 | | meets certain conditions described in this Act, but does not |
2 | | entitle the recipient to begin purchasing or selling cannabis |
3 | | or cannabis-infused products. |
4 | | "Conditional Adult Use Cultivation Center License" means a |
5 | | license awarded to top-scoring applicants for an Adult Use |
6 | | Cultivation Center License that reserves the right to an Adult |
7 | | Use Cultivation Center License if the applicant meets certain |
8 | | conditions as determined by the Department of Agriculture by |
9 | | rule, but does not entitle the recipient to begin growing, |
10 | | processing, or selling cannabis or cannabis-infused products. |
11 | | "Craft grower" means a facility operated by an |
12 | | organization or business that is licensed by the Department of |
13 | | Agriculture to cultivate, dry, cure, and package cannabis and |
14 | | perform other necessary activities to make cannabis available |
15 | | for sale at a dispensing organization or use at a processing |
16 | | organization. A craft grower may contain up to 14,000 5,000 |
17 | | square feet of canopy space on its premises for plants in the |
18 | | flowering state. Plants The Department of Agriculture may |
19 | | authorize an increase or decrease of flowering stage |
20 | | cultivation space in increments of 3,000 square feet by rule |
21 | | based on market need, craft grower capacity, and the |
22 | | licensee's history of compliance or noncompliance, with a |
23 | | maximum space of 14,000 square feet for cultivating plants in |
24 | | the flowering stage, which must be cultivated in all stages of |
25 | | growth in an enclosed and secure area. A craft grower may share |
26 | | premises with a processing organization or a dispensing |
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1 | | organization, or both, provided each licensee stores currency |
2 | | and cannabis or cannabis-infused products in a separate |
3 | | secured vault to which the other licensee does not have access |
4 | | or all licensees sharing a vault share more than 50% of the |
5 | | same ownership. |
6 | | "Craft grower agent" means a principal officer, board |
7 | | member, employee, or other agent of a craft grower who is 21 |
8 | | years of age or older. |
9 | | "Craft Grower Agent Identification Card" means a document |
10 | | issued by the Department of Agriculture that identifies a |
11 | | person as a craft grower agent. |
12 | | "Cultivation center" means a facility operated by an |
13 | | organization or business that is licensed by the Department of |
14 | | Agriculture to cultivate, process, transport (unless otherwise |
15 | | limited by this Act), and perform other necessary activities |
16 | | to provide cannabis and cannabis-infused products to cannabis |
17 | | business establishments. |
18 | | "Cultivation center agent" means a principal officer, |
19 | | board member, employee, or other agent of a cultivation center |
20 | | who is 21 years of age or older. |
21 | | "Cultivation Center Agent Identification Card" means a |
22 | | document issued by the Department of Agriculture that |
23 | | identifies a person as a cultivation center agent. |
24 | | "Currency" means currency and coin of the United States. |
25 | | "Dispensary" means a facility operated by a dispensing |
26 | | organization at which activities licensed by this Act may |
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1 | | occur. |
2 | | "Dispensary Applicant" means the Proposed Dispensing |
3 | | Organization Name as stated on an application for a |
4 | | Conditional Adult Use Dispensing Organization License. |
5 | | "Dispensing organization" means a facility operated by an |
6 | | organization or business that is licensed by the Department of |
7 | | Financial and Professional Regulation to acquire cannabis from |
8 | | a cultivation center, craft grower, processing organization, |
9 | | or another dispensary for the purpose of selling or dispensing |
10 | | cannabis, cannabis-infused products, cannabis seeds, |
11 | | paraphernalia, or related supplies under this Act to |
12 | | purchasers or to qualified registered medical cannabis |
13 | | patients and caregivers. As used in this Act, "dispensing |
14 | | organization" includes a registered medical cannabis |
15 | | organization as defined in the Compassionate Use of Medical |
16 | | Cannabis Program Act or its successor Act that has obtained an |
17 | | Early Approval Adult Use Dispensing Organization License. |
18 | | "Dispensing organization agent" means a principal officer, |
19 | | employee, or agent of a dispensing organization who is 21 |
20 | | years of age or older. |
21 | | "Dispensing organization agent identification card" means |
22 | | a document issued by the Department of Financial and |
23 | | Professional Regulation that identifies a person as a |
24 | | dispensing organization agent. |
25 | | "Disproportionately Impacted Area" means a census tract or |
26 | | comparable geographic area that satisfies the following |
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1 | | criteria as determined by the Department of Commerce and |
2 | | Economic Opportunity, that: |
3 | | (1) meets at least one of the following criteria: |
4 | | (A) the area has a poverty rate of at least 20% |
5 | | according to the latest federal decennial census; or |
6 | | (B) 75% or more of the children in the area |
7 | | participate in the federal free lunch program |
8 | | according to reported statistics from the State Board |
9 | | of Education; or |
10 | | (C) at least 20% of the households in the area |
11 | | receive assistance under the Supplemental Nutrition |
12 | | Assistance Program; or |
13 | | (D) the area has an average unemployment rate, as |
14 | | determined by the Illinois Department of Employment |
15 | | Security, that is more than 120% of the national |
16 | | unemployment average, as determined by the United |
17 | | States Department of Labor, for a period of at least 2 |
18 | | consecutive calendar years preceding the date of the |
19 | | application; and |
20 | | (2) has high rates of arrest, conviction, and |
21 | | incarceration related to the sale, possession, use, |
22 | | cultivation, manufacture, or transport of cannabis. |
23 | | "Early Approval Adult Use Cultivation Center License" |
24 | | means a license that permits a medical cannabis cultivation |
25 | | center licensed under the Compassionate Use of Medical |
26 | | Cannabis Program Act as of the effective date of this Act to |
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1 | | begin cultivating, infusing, packaging, transporting (unless |
2 | | otherwise provided in this Act), processing , and selling |
3 | | cannabis or cannabis-infused product to cannabis business |
4 | | establishments for resale to purchasers as permitted by this |
5 | | Act as of January 1, 2020. |
6 | | "Early Approval Adult Use Dispensing Organization License" |
7 | | means a license that permits a medical cannabis dispensing |
8 | | organization licensed under the Compassionate Use of Medical |
9 | | Cannabis Program Act as of the effective date of this Act to |
10 | | begin selling cannabis or cannabis-infused product to |
11 | | purchasers as permitted by this Act as of January 1, 2020. |
12 | | "Early Approval Adult Use Dispensing Organization at a |
13 | | secondary site" means a license that permits a medical |
14 | | cannabis dispensing organization licensed under the |
15 | | Compassionate Use of Medical Cannabis Program Act as of the |
16 | | effective date of this Act to begin selling cannabis or |
17 | | cannabis-infused product to purchasers as permitted by this |
18 | | Act on January 1, 2020 at a different dispensary location from |
19 | | its existing registered medical dispensary location. |
20 | | "Eligible Tied Applicant" means a Tied Applicant that is |
21 | | eligible to participate in the process by which a remaining |
22 | | available license is distributed by lot pursuant to a Tied |
23 | | Applicant Lottery. |
24 | | "Enclosed, locked facility" means a room, greenhouse, |
25 | | building, or other enclosed area equipped with locks or other |
26 | | security devices that permit access only by cannabis business |
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1 | | establishment agents working for the licensed cannabis |
2 | | business establishment or acting pursuant to this Act to |
3 | | cultivate, process, store, or distribute cannabis. |
4 | | "Enclosed, locked space" means a closet, room, greenhouse, |
5 | | building , or other enclosed area equipped with locks or other |
6 | | security devices that permit access only by authorized |
7 | | individuals under this Act. "Enclosed, locked space" may |
8 | | include: |
9 | | (1) a space within a residential building that (i) is |
10 | | the primary residence of the individual cultivating 5 or |
11 | | fewer cannabis plants that are more than 5 inches tall and |
12 | | (ii) includes sleeping quarters and indoor plumbing. The |
13 | | space must only be accessible by a key or code that is |
14 | | different from any key or code that can be used to access |
15 | | the residential building from the exterior; or |
16 | | (2) a structure, such as a shed or greenhouse, that |
17 | | lies on the same plot of land as a residential building |
18 | | that (i) includes sleeping quarters and indoor plumbing |
19 | | and (ii) is used as a primary residence by the person |
20 | | cultivating 5 or fewer cannabis plants that are more than |
21 | | 5 inches tall, such as a shed or greenhouse. The structure |
22 | | must remain locked when it is unoccupied by people. |
23 | | "Financial institution" has the same meaning as "financial |
24 | | organization" as defined in Section 1501 of the Illinois |
25 | | Income Tax Act, and also includes the holding companies, |
26 | | subsidiaries, and affiliates of such financial organizations. |
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1 | | "Flowering stage" means the stage of cultivation where and |
2 | | when a cannabis plant is cultivated to produce plant material |
3 | | for cannabis products. This includes mature plants as follows: |
4 | | (1) if greater than 2 stigmas are visible at each |
5 | | internode of the plant; or |
6 | | (2) if the cannabis plant is in an area that has been |
7 | | intentionally deprived of light for a period of time |
8 | | intended to produce flower buds and induce maturation, |
9 | | from the moment the light deprivation began through the |
10 | | remainder of the marijuana plant growth cycle. |
11 | | "Individual" means a natural person. |
12 | | "Infuser organization" or "infuser" means a facility |
13 | | operated by an organization or business that is licensed by |
14 | | the Department of Agriculture to directly incorporate cannabis |
15 | | or cannabis concentrate into a product formulation to produce |
16 | | a cannabis-infused product. |
17 | | "Kief" means the resinous crystal-like trichomes that are |
18 | | found on cannabis and that are accumulated, resulting in a |
19 | | higher concentration of cannabinoids, untreated by heat or |
20 | | pressure, or extracted using a solvent. |
21 | | "Labor peace agreement" means an agreement between a |
22 | | cannabis business establishment and any labor organization |
23 | | recognized under the National Labor Relations Act, referred to |
24 | | in this Act as a bona fide labor organization, that prohibits |
25 | | labor organizations and members from engaging in picketing, |
26 | | work stoppages, boycotts, and any other economic interference |
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1 | | with the cannabis business establishment. This agreement means |
2 | | that the cannabis business establishment has agreed not to |
3 | | disrupt efforts by the bona fide labor organization to |
4 | | communicate with, and attempt to organize and represent, the |
5 | | cannabis business establishment's employees. The agreement |
6 | | shall provide a bona fide labor organization access at |
7 | | reasonable times to areas in which the cannabis business |
8 | | establishment's employees work, for the purpose of meeting |
9 | | with employees to discuss their right to representation, |
10 | | employment rights under State law, and terms and conditions of |
11 | | employment. This type of agreement shall not mandate a |
12 | | particular method of election or certification of the bona |
13 | | fide labor organization. |
14 | | "Limited access area" means a room or other area under the |
15 | | control of a cannabis dispensing organization licensed under |
16 | | this Act and upon the licensed premises where cannabis sales |
17 | | occur with access limited to purchasers, dispensing |
18 | | organization owners and other dispensing organization agents, |
19 | | or service professionals conducting business with the |
20 | | dispensing organization, or, if sales to registered qualifying |
21 | | patients, caregivers, provisional patients, and Opioid |
22 | | Alternative Pilot Program participants licensed pursuant to |
23 | | the Compassionate Use of Medical Cannabis Program Act are also |
24 | | permitted at the dispensary, registered qualifying patients, |
25 | | caregivers, provisional patients, and Opioid Alternative Pilot |
26 | | Program participants. |
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1 | | "Member of an impacted family" means an individual who has |
2 | | a parent, legal guardian, child, spouse, or dependent, or was |
3 | | a dependent of an individual who, prior to the effective date |
4 | | of this Act, was arrested for, convicted of, or adjudicated |
5 | | delinquent for any offense that is eligible for expungement |
6 | | under this Act. |
7 | | "Mother plant" means a cannabis plant that is cultivated |
8 | | or maintained for the purpose of generating clones, and that |
9 | | will not be used to produce plant material for sale to an |
10 | | infuser or dispensing organization. |
11 | | "Ordinary public view" means within the sight line with |
12 | | normal visual range of a person, unassisted by visual aids, |
13 | | from a public street or sidewalk adjacent to real property, or |
14 | | from within an adjacent property. |
15 | | "Ownership and control" means ownership of at least 51% of |
16 | | the business, including corporate stock if a corporation, and |
17 | | control over the management and day-to-day operations of the |
18 | | business and an interest in the capital, assets, and profits |
19 | | and losses of the business proportionate to percentage of |
20 | | ownership. |
21 | | "Person" means a natural individual, firm, partnership, |
22 | | association, joint stock company, joint venture, public or |
23 | | private corporation, limited liability company, or a receiver, |
24 | | executor, trustee, guardian, or other representative appointed |
25 | | by order of any court. |
26 | | "Possession limit" means the amount of cannabis under |
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1 | | Section 10-10 that may be possessed at any one time by a person |
2 | | 21 years of age or older or who is a registered qualifying |
3 | | medical cannabis patient or caregiver under the Compassionate |
4 | | Use of Medical Cannabis Program Act. |
5 | | "Principal officer" includes a cannabis business |
6 | | establishment applicant or licensed cannabis business |
7 | | establishment's board member, owner with more than 1% interest |
8 | | of the total cannabis business establishment or more than 5% |
9 | | interest of the total cannabis business establishment of a |
10 | | publicly traded company, president, vice president, secretary, |
11 | | treasurer, partner, officer, member, manager member, or person |
12 | | with a profit sharing, financial interest, or revenue sharing |
13 | | arrangement. The definition includes a person with authority |
14 | | to control the cannabis business establishment, a person who |
15 | | assumes responsibility for the debts of the cannabis business |
16 | | establishment and who is further defined in this Act. |
17 | | "Primary residence" means a dwelling where a person |
18 | | usually stays or stays more often than other locations. It may |
19 | | be determined by, without limitation, presence, tax filings; |
20 | | address on an Illinois driver's license, an Illinois |
21 | | Identification Card, or an Illinois Person with a Disability |
22 | | Identification Card; or voter registration. No person may have |
23 | | more than one primary residence. |
24 | | "Processing organization" or "processor" means a facility |
25 | | operated by an organization or business that is licensed by |
26 | | the Department of Agriculture to either extract constituent |
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1 | | chemicals or compounds to produce cannabis concentrate or |
2 | | incorporate cannabis or cannabis concentrate into a product |
3 | | formulation to produce a cannabis product. |
4 | | "Processing organization agent" means a principal officer, |
5 | | board member, employee, or agent of a processing organization. |
6 | | "Processing organization agent identification card" means |
7 | | a document issued by the Department of Agriculture that |
8 | | identifies a person as a processing organization agent. |
9 | | "Purchaser" means a person 21 years of age or older who |
10 | | acquires cannabis for a valuable consideration. "Purchaser" |
11 | | does not include a cardholder under the Compassionate Use of |
12 | | Medical Cannabis Program Act. |
13 | | "Qualifying Applicant" means an applicant that submitted |
14 | | an application pursuant to Section 15-30 that received at |
15 | | least 85% of 250 application points available under Section |
16 | | 15-30 as the applicant's final score and meets the definition |
17 | | of "Social Equity Applicant" as set forth under this Section. |
18 | | "Qualifying Social Equity Justice Involved Applicant" |
19 | | means an applicant that submitted an application pursuant to |
20 | | Section 15-30 that received at least 85% of 250 application |
21 | | points available under Section 15-30 as the applicant's final |
22 | | score and meets the criteria of either paragraph (1) or (2) of |
23 | | the definition of "Social Equity Applicant" as set forth under |
24 | | this Section. |
25 | | "Qualified Social Equity Applicant" means a Social Equity |
26 | | Applicant who has been awarded a conditional license under |
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1 | | this Act to operate a cannabis business establishment. |
2 | | "Resided" means an individual's primary residence was |
3 | | located within the relevant geographic area as established by |
4 | | 2 of the following: |
5 | | (1) a signed lease agreement that includes the |
6 | | applicant's name; |
7 | | (2) a property deed that includes the applicant's |
8 | | name; |
9 | | (3) school records; |
10 | | (4) a voter registration card; |
11 | | (5) an Illinois driver's license, an Illinois |
12 | | Identification Card, or an Illinois Person with a |
13 | | Disability Identification Card; |
14 | | (6) a paycheck stub; |
15 | | (7) a utility bill; |
16 | | (8) tax records; or |
17 | | (9) any other proof of residency or other information |
18 | | necessary to establish residence as provided by rule. |
19 | | "Smoking" means the inhalation of smoke caused by the |
20 | | combustion of cannabis. |
21 | | "Social Equity Applicant" means an applicant that is an |
22 | | Illinois resident that meets one of the following criteria: |
23 | | (1) an applicant with at least 51% ownership and |
24 | | control by one or more individuals who have resided for at |
25 | | least 5 of the preceding 10 years in a Disproportionately |
26 | | Impacted Area; |
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1 | | (2) an applicant with at least 51% ownership and |
2 | | control by one or more individuals who:
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3 | | (i) have been arrested for, convicted of, or |
4 | | adjudicated delinquent for any offense that is |
5 | | eligible for expungement under this Act; or
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6 | | (ii) is a member of an impacted family; |
7 | | (3) for applicants with a minimum of 10 full-time |
8 | | employees, an applicant with at least 51% of current |
9 | | employees who: |
10 | | (i) currently reside in a Disproportionately |
11 | | Impacted Area; or |
12 | | (ii) have been arrested for, convicted of, or |
13 | | adjudicated delinquent for any offense that is |
14 | | eligible for expungement under this Act or member of |
15 | | an impacted family. |
16 | | Nothing in this Act shall be construed to preempt or limit |
17 | | the duties of any employer under the Job Opportunities for |
18 | | Qualified Applicants Act. Nothing in this Act shall permit an |
19 | | employer to require an employee to disclose sealed or expunged |
20 | | offenses, unless otherwise required by law. |
21 | | "Tied Applicant" means an application submitted by a |
22 | | Dispensary Applicant pursuant to Section 15-30 that received |
23 | | the same number of application points under Section 15-30 as |
24 | | the Dispensary Applicant's final score as one or more |
25 | | top-scoring applications in the same BLS Region and would have |
26 | | been awarded a license but for the one or more other |
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1 | | top-scoring applications that received the same number of |
2 | | application points. Each application for which a Dispensary |
3 | | Applicant was required to pay a required application fee for |
4 | | the application period ending January 2, 2020 shall be |
5 | | considered an application of a separate Tied Applicant. |
6 | | "Tied Applicant Lottery" means the process established |
7 | | under 68 Ill. Adm. Code 1291.50 for awarding Conditional Adult |
8 | | Use Dispensing Organization Licenses pursuant to Sections |
9 | | 15-25 and 15-30 among Eligible Tied Applicants. |
10 | | "Tincture" means a cannabis-infused solution, typically |
11 | | comprised of alcohol, glycerin, or vegetable oils, derived |
12 | | either directly from the cannabis plant or from a processed |
13 | | cannabis extract. A tincture is not an alcoholic liquor as |
14 | | defined in the Liquor Control Act of 1934. A tincture shall |
15 | | include a calibrated dropper or other similar device capable |
16 | | of accurately measuring servings. |
17 | | "Transporting organization" or "transporter" means an |
18 | | organization or business that is licensed by the Department of |
19 | | Agriculture to transport cannabis or cannabis-infused product |
20 | | on behalf of a cannabis business establishment or a community |
21 | | college licensed under the Community
College Cannabis |
22 | | Vocational Training Pilot Program.
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23 | | "Transporting organization agent" means a principal |
24 | | officer, board member, employee, or agent of a transporting |
25 | | organization. |
26 | | "Transporting organization agent identification card" |
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1 | | means a document issued by the Department of Agriculture that |
2 | | identifies a person as a transporting 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.
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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 705/15-87 new) |
22 | | Sec. 15-87. Curbside pickup. Notwithstanding any other |
23 | | provision of law, a dispensing organization may offer curbside |
24 | | or drive-through pickup after submitting and receiving |
25 | | approval from the Department. All orders for curbside or |
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1 | | drive-through pickup must be placed in advance and no in |
2 | | person or on-site ordering is permitted. |
3 | | (410 ILCS 705/20-30)
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4 | | Sec. 20-30. Cultivation center requirements; prohibitions. |
5 | | (a) The operating documents of a cultivation center shall |
6 | | include procedures for the oversight of the cultivation |
7 | | center , a cannabis plant monitoring system including a |
8 | | physical inventory recorded weekly, accurate recordkeeping, |
9 | | and a staffing plan. |
10 | | (b) A cultivation center shall implement a security plan |
11 | | reviewed by the Illinois State Police that includes, but is |
12 | | not limited to: facility access controls, perimeter intrusion |
13 | | detection systems, personnel identification systems, 24-hour |
14 | | surveillance system to monitor the interior and exterior of |
15 | | the cultivation center facility and accessibility to |
16 | | authorized law enforcement, the Department of Public Health |
17 | | where processing takes place, and the Department of |
18 | | Agriculture in real time. |
19 | | (c) All cultivation of cannabis by a cultivation center |
20 | | must take place in an enclosed, locked facility at the |
21 | | physical address provided to the Department of Agriculture |
22 | | during the licensing process. The cultivation center location |
23 | | shall only be accessed by the agents working for the |
24 | | cultivation center, the Department of Agriculture staff |
25 | | performing inspections, the Department of Public Health staff |
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1 | | performing inspections, local and State law enforcement or |
2 | | other emergency personnel, contractors working on jobs |
3 | | unrelated to cannabis, such as installing or maintaining |
4 | | security devices or performing electrical wiring, transporting |
5 | | organization agents as provided in this Act, individuals in a |
6 | | mentoring or educational program approved by the State, or |
7 | | other individuals as provided by rule. |
8 | | (d) A cultivation center may not sell or distribute any |
9 | | cannabis or cannabis-infused products to any person other than |
10 | | a dispensing organization, craft grower, infuser organization, |
11 | | transporter, or as otherwise authorized by rule. |
12 | | (e) A cultivation center may not either directly or |
13 | | indirectly discriminate in price between different dispensing |
14 | | organizations, craft growers, or infuser organizations that |
15 | | are purchasing a like grade, strain, brand, and quality of |
16 | | cannabis or cannabis-infused product. Nothing in this |
17 | | subsection (e) prevents a cultivation center from pricing |
18 | | cannabis differently based on differences in the cost of |
19 | | manufacturing or processing, the quantities sold, such as |
20 | | volume discounts, or the way the products are delivered. |
21 | | (f) All cannabis harvested by a cultivation center and |
22 | | intended for distribution to a dispensing organization must be |
23 | | entered into a data collection system, packaged and labeled |
24 | | under Section 55-21, and placed into a cannabis container for |
25 | | transport. All cannabis harvested by a cultivation center and |
26 | | intended for distribution to a craft grower or infuser |
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1 | | organization must be packaged in a labeled cannabis container |
2 | | and entered into a data collection system before transport. |
3 | | (g) Cultivation centers are subject to random inspections |
4 | | by the Department of Agriculture, the Department of Public |
5 | | Health, local safety or health inspectors, the Illinois State |
6 | | Police, or as provided by rule. |
7 | | (h) A cultivation center agent shall notify local law |
8 | | enforcement, the Illinois State Police, and the Department of |
9 | | Agriculture within 24 hours of the discovery of any loss or |
10 | | theft. Notification shall be made by phone or in person, or by |
11 | | written or electronic communication. |
12 | | (i) A cultivation center shall comply with all State and |
13 | | any applicable federal rules and regulations regarding the use |
14 | | of pesticides on cannabis plants. |
15 | | (j) No person or entity shall hold any legal, equitable, |
16 | | ownership, or beneficial interest, directly or indirectly, of |
17 | | more than 3 cultivation centers licensed under this Article. |
18 | | Further, no person or entity that is employed by, an agent of, |
19 | | has a contract to receive payment in any form from a |
20 | | cultivation center, is a principal officer of a cultivation |
21 | | center, or entity controlled by or affiliated with a principal |
22 | | officer of a cultivation shall hold any legal, equitable, |
23 | | ownership, or beneficial interest, directly or indirectly, in |
24 | | a cultivation that would result in the person or entity owning |
25 | | or controlling in combination with any cultivation center, |
26 | | principal officer of a cultivation center, or entity |
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1 | | controlled or affiliated with a principal officer of a |
2 | | cultivation center by which he, she, or it is employed, is an |
3 | | agent of, or participates in the management of, more than 3 |
4 | | cultivation center licenses. |
5 | | (k) A cultivation center may not contain more than 210,000 |
6 | | square feet of canopy space for plants in the flowering stage |
7 | | for cultivation of adult use cannabis as provided in this Act. |
8 | | (l) A cultivation center may process cannabis, cannabis |
9 | | concentrates, and cannabis-infused products. |
10 | | (m) Beginning July 1, 2020, a cultivation center shall not |
11 | | transport cannabis or cannabis-infused products to a craft |
12 | | grower, dispensing organization, infuser organization, or |
13 | | laboratory licensed under this Act, unless it has obtained a |
14 | | transporting organization license. |
15 | | (n) It is unlawful for any person having a cultivation |
16 | | center license or any officer, associate, member, |
17 | | representative, or agent of such licensee to offer or deliver |
18 | | money, or anything else of value, directly or indirectly to |
19 | | any person having an Early Approval Adult Use Dispensing |
20 | | Organization License, a Conditional Adult Use Dispensing |
21 | | Organization License, an Adult Use Dispensing Organization |
22 | | License, or a medical cannabis dispensing organization license |
23 | | issued under the Compassionate Use of Medical Cannabis Program |
24 | | Act, or to any person connected with or in any way |
25 | | representing, or to any member of the family of, such person |
26 | | holding an Early Approval Adult Use Dispensing Organization |
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1 | | License, a Conditional Adult Use Dispensing Organization |
2 | | License, an Adult Use Dispensing Organization License, or a |
3 | | medical cannabis dispensing organization license issued under |
4 | | the Compassionate Use of Medical Cannabis Program Act, or to |
5 | | any stockholders in any corporation engaged in the retail sale |
6 | | of cannabis, or to any officer, manager, agent, or |
7 | | representative of the 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 to obtain preferential placement within the dispensing |
13 | | organization, including, without limitation, on shelves and in |
14 | | display cases where purchasers can view products, or on the |
15 | | dispensing organization's website. |
16 | | (o) A cultivation center must comply with any other |
17 | | requirements or prohibitions set by administrative rule of the |
18 | | Department of Agriculture.
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19 | | (p) The following requirements apply to the sale of THC |
20 | | oil extract or cannabis products to a craft grower or an |
21 | | infuser organization: |
22 | | (1) Each cultivation center shall set aside a portion |
23 | | of THC oil extract from its monthly production for sale to |
24 | | craft growers and infuser organizations licensed under |
25 | | this Act. Each cultivation center shall set aside 3% of |
26 | | its overall production of THC oil extract for sale to |
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1 | | craft growers and 2% of their overall production for sale |
2 | | to infuser organizations. The THC oil extract shall be |
3 | | sold to craft growers and infuser organizations at a |
4 | | commercially reasonable market rate and must be sold at a |
5 | | quantity discount such that the price per gram is 25% less |
6 | | than the cost to customers. The cultivation center must |
7 | | offer the same quantity price discount to all similarly |
8 | | situated craft growers and infuser organizations who agree |
9 | | to purchase THC oil extract derived from the same batch or |
10 | | lot. |
11 | | (2) A cultivation center is prohibited from the |
12 | | following: |
13 | | (A) Requiring a craft grower or infuser |
14 | | organization to purchase one product in order to |
15 | | purchase another. This includes combination sales if |
16 | | one or more products may be purchased only in |
17 | | combination with other products and not individually. |
18 | | However, a cultivation center is not prohibited from |
19 | | selling at a special combination price 2 or more kinds |
20 | | or brands of product to a craft grower or infuser |
21 | | organization if: |
22 | | (i) the craft grower or infuser organization |
23 | | has the option of purchasing either product at the |
24 | | usual price; and |
25 | | (ii) the craft grower or infuser organization |
26 | | is not required to purchase any product it does |
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1 | | not want. |
2 | | (B) Discriminating in price between similarly |
3 | | situated craft growers or infusers organizations, |
4 | | where the effect of such discrimination may |
5 | | substantially lessen competition, tend to create a |
6 | | monopoly, or injure, destroy, or prevent competition |
7 | | with any craft grower or infuser organization that |
8 | | either grants or knowingly receives the benefit of |
9 | | such discrimination. |
10 | | (3) A cultivation center must provide the Department |
11 | | with sales data documenting the price, quantity, date of |
12 | | purchase, any discounts applied, and purchaser information |
13 | | for the sale of THC oil extract to a craft grower or an |
14 | | infuser organization upon request. The Department shall |
15 | | publish the average sale price of THC oil extract for each |
16 | | cultivation center monthly on its website. |
17 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; |
18 | | 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; revised 11-9-21.) |
19 | | (410 ILCS 705/30-30)
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20 | | Sec. 30-30. Craft grower requirements; prohibitions. |
21 | | (a) The operating documents of a craft grower shall |
22 | | include procedures for the oversight of the craft grower, a |
23 | | cannabis plant monitoring system including a physical |
24 | | inventory recorded weekly, accurate recordkeeping, and a |
25 | | staffing plan. |
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1 | | (b) A craft grower shall implement a security plan |
2 | | reviewed by the Illinois State Police that includes, but is |
3 | | not limited to: facility access controls, perimeter intrusion |
4 | | detection systems, personnel identification systems, and a |
5 | | 24-hour surveillance system to monitor the interior and |
6 | | exterior of the craft grower facility and that is accessible |
7 | | to authorized law enforcement and the Department of |
8 | | Agriculture in real time. |
9 | | (c) All cultivation of cannabis by a craft grower must |
10 | | take place in an enclosed, locked facility at the physical |
11 | | address provided to the Department of Agriculture during the |
12 | | licensing process. The craft grower location shall only be |
13 | | accessed by the agents working for the craft grower, the |
14 | | Department of Agriculture staff performing inspections, the |
15 | | Department of Public Health staff performing inspections, |
16 | | State and local law enforcement or other emergency personnel, |
17 | | contractors working on jobs unrelated to cannabis, such as |
18 | | installing or maintaining security devices or performing |
19 | | electrical wiring, transporting organization agents as |
20 | | provided in this Act, or participants in the incubator |
21 | | program, individuals in a mentoring or educational program |
22 | | approved by the State, or other individuals as provided by |
23 | | rule. However, if a craft grower shares a premises with an |
24 | | infuser or dispensing organization, agents from those other |
25 | | licensees may access the craft grower portion of the premises |
26 | | if that is the location of common bathrooms, lunchrooms, |
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1 | | locker rooms, or other areas of the building where work or |
2 | | cultivation of cannabis is not performed. At no time may an |
3 | | infuser or dispensing organization agent perform work at a |
4 | | craft grower without being a registered agent of the craft |
5 | | grower. |
6 | | (d) A craft grower may not sell or distribute any cannabis |
7 | | to any person other than a cultivation center, a craft grower, |
8 | | an infuser organization, a dispensing organization, or as |
9 | | otherwise authorized by rule. |
10 | | (e) A craft grower may not be located in an area zoned for |
11 | | residential use. |
12 | | (f) A craft grower may not either directly or indirectly |
13 | | discriminate in price between different cannabis business |
14 | | establishments that are purchasing a like grade, strain, |
15 | | brand, and quality of cannabis or cannabis-infused product. |
16 | | Nothing in this subsection (f) prevents a craft grower from |
17 | | pricing cannabis differently based on differences in the cost |
18 | | of manufacturing or processing, the quantities sold, such as |
19 | | volume discounts, or the way the products are delivered. |
20 | | (g) All cannabis harvested by a craft grower and intended |
21 | | for distribution to a dispensing organization must be entered |
22 | | into a data collection system, packaged and labeled under |
23 | | Section 55-21, and, if distribution is to a dispensing |
24 | | organization that does not share a premises with the |
25 | | dispensing organization receiving the cannabis, placed into a |
26 | | cannabis container for transport. All cannabis harvested by a |
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1 | | craft grower and intended for distribution to a cultivation |
2 | | center, to an infuser organization, or to a craft grower with |
3 | | which it does not share a premises, must be packaged in a |
4 | | labeled cannabis container and entered into a data collection |
5 | | system before transport. |
6 | | (h) Craft growers are subject to random inspections by the |
7 | | Department of Agriculture, local safety or health inspectors, |
8 | | the Illinois State Police, or as provided by rule. |
9 | | (i) A craft grower agent shall notify local law |
10 | | enforcement, the Illinois State Police, and the Department of |
11 | | Agriculture within 24 hours of the discovery of any loss or |
12 | | theft. Notification shall be made by phone, in person, or |
13 | | written or electronic communication. |
14 | | (j) A craft grower shall comply with all State and any |
15 | | applicable federal rules and regulations regarding the use of |
16 | | pesticides. |
17 | | (k) A craft grower or craft grower agent shall not |
18 | | transport cannabis or cannabis-infused products to any other |
19 | | cannabis business establishment without a transport |
20 | | organization license unless: |
21 | | (i) If the craft grower is located in a county with a |
22 | | population of 3,000,000 or more, the cannabis business |
23 | | establishment receiving the cannabis is within 2,000 feet |
24 | | of the property line of the craft grower; |
25 | | (ii) If the craft grower is located in a county with a |
26 | | population of more than 700,000 but fewer than 3,000,000, |
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1 | | the cannabis business establishment receiving the cannabis |
2 | | is within 2 miles of the craft grower; or |
3 | | (iii) If the craft grower is located in a county with a |
4 | | population of fewer than 700,000, the cannabis business |
5 | | establishment receiving the cannabis is within 15 miles of |
6 | | the craft grower. |
7 | | (l) A craft grower may enter into a contract with a |
8 | | transporting organization to transport cannabis to a |
9 | | cultivation center, a craft grower, an infuser organization, a |
10 | | dispensing organization, or a laboratory. |
11 | | (m) No person or entity shall hold any legal, equitable, |
12 | | ownership, or beneficial interest, directly or indirectly, of |
13 | | more than 3 craft grower licenses. Further, no person or |
14 | | entity that is employed by, an agent of, or has a contract to |
15 | | receive payment from or participate in the management of a |
16 | | craft grower, is a principal officer of a craft grower, or |
17 | | entity controlled by or affiliated with a principal officer of |
18 | | a craft grower shall hold any legal, equitable, ownership, or |
19 | | beneficial interest, directly or indirectly, in a craft grower |
20 | | license that would result in the person or entity owning or |
21 | | controlling in combination with any craft grower, principal |
22 | | officer of a craft grower, or entity controlled or affiliated |
23 | | with a principal officer of a craft grower by which he, she, or |
24 | | it is employed, is an agent of, or participates in the |
25 | | management of more than 3 craft grower licenses. |
26 | | (n) It is unlawful for any person having a craft grower |
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1 | | license or any officer, associate, member, representative, or |
2 | | agent of the licensee to offer or deliver money, or anything |
3 | | else of value, directly or indirectly, to any person having an |
4 | | Early Approval Adult Use Dispensing Organization License, a |
5 | | Conditional Adult Use Dispensing Organization License, an |
6 | | Adult Use Dispensing Organization License, or a medical |
7 | | cannabis dispensing organization license issued under the |
8 | | Compassionate Use of Medical Cannabis Program Act, or to any |
9 | | person connected with or in any way representing, or to any |
10 | | member of the family of, the person holding an Early Approval |
11 | | Adult Use Dispensing Organization License, a Conditional Adult |
12 | | Use Dispensing Organization License, an Adult Use Dispensing |
13 | | Organization License, or a medical cannabis dispensing |
14 | | organization license issued under the Compassionate Use of |
15 | | Medical Cannabis Program Act, or to any stockholders in any |
16 | | corporation engaged in the retail sale of cannabis, or to any |
17 | | officer, manager, agent, or representative of the Early |
18 | | Approval Adult Use Dispensing Organization License, a |
19 | | Conditional Adult Use Dispensing Organization License, an |
20 | | Adult Use Dispensing Organization License, or a medical |
21 | | cannabis dispensing organization license issued under the |
22 | | Compassionate Use of Medical Cannabis Program Act to obtain |
23 | | preferential placement within the dispensing organization, |
24 | | including, without limitation, on shelves and in display cases |
25 | | where purchasers can view products, or on the dispensing |
26 | | organization's website. |
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1 | | (o) (Blank) A craft grower shall not be located within |
2 | | 1,500 feet of another craft grower or a cultivation center . |
3 | | (p) A craft grower may process cannabis, cannabis |
4 | | concentrates, and cannabis-infused products. |
5 | | (q) A craft grower must comply with any other requirements |
6 | | or prohibitions set by administrative rule of the Department |
7 | | of Agriculture.
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8 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; |
9 | | 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; revised |
10 | | 10-21-21.)
|