|
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB1436 Introduced 1/31/2023, by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED: |
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Amends Cannabis Regulation and Tax Act. Creates the Cannabis Equity and Oversight Commission. Provides that the Commission shall administer and enforce the provisions of the Act relating to the oversight, licensing, registration, and certification of dispensing organizations, cultivation centers, craft growers, infuser organizations, transporting organizations, laboratories, and agents, including, but not limited to, the issuance of identification cards and establishing limits on the potency or serving size of cannabis or cannabis products. Provides that the Commission may suspend or revoke the license of, or impose other penalties upon, dispensing organizations, cultivation centers, craft growers, infuser organizations, transporting organizations, laboratories, and their principal officers, agents-in-charge, and agents for violations of the Act or any rules adopted under the Act. Makes conforming changes throughout various Acts. Contains other provisions. Effective July 1, 2023.
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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 Illinois State Police Law of the
Civil |
5 | | Administrative Code of Illinois is amended by changing Section |
6 | | 2605-45 as follows:
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7 | | (20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)
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8 | | Sec. 2605-45. Division of Justice Services. The Division |
9 | | of
Justice Services shall exercise the
following functions:
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10 | | (1) Operate and maintain the Law Enforcement Agencies |
11 | | Data System (LEADS), a statewide, computerized |
12 | | telecommunications system designed to provide services, |
13 | | information, and capabilities to the law enforcement and |
14 | | criminal justice community in the State of Illinois. The |
15 | | Director is responsible for establishing policy, |
16 | | procedures, and regulations consistent with State and |
17 | | federal rules, policies, and law by which LEADS operates. |
18 | | The Director shall designate a statewide LEADS |
19 | | Administrator for management of the system. The Director |
20 | | may appoint a LEADS Advisory Policy Board to reflect the |
21 | | needs and desires of the law enforcement and criminal |
22 | | justice community and to make recommendations concerning |
23 | | policies and procedures.
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1 | | (2) Pursue research and the publication of studies |
2 | | pertaining
to local
law enforcement activities.
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3 | | (3) Serve as the State's point of contact for the |
4 | | Federal Bureau of Investigation's Uniform Crime Reporting |
5 | | Program and National Incident-Based Reporting System.
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6 | | (4) Operate an electronic data processing and computer |
7 | | center
for the
storage and retrieval of data pertaining to |
8 | | criminal activity.
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9 | | (5) Exercise the rights, powers, and duties vested in
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10 | | the Illinois State Police by the Cannabis Regulation and |
11 | | Tax Act and the Compassionate Use of Medical Cannabis |
12 | | Program Act .
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13 | | (6) (Blank).
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14 | | (6.5) Exercise the rights, powers, and duties vested |
15 | | in the Illinois State Police
by the Firearm Owners |
16 | | Identification Card Act, the Firearm Concealed Carry Act, |
17 | | and the Firearm Dealer License Certification Act.
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18 | | (7) Exercise other duties that may be assigned
by the |
19 | | Director to
fulfill the responsibilities and achieve the |
20 | | purposes of the Illinois State Police.
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21 | | (8) Exercise the rights, powers, and duties vested by |
22 | | law in the Illinois State Police by the Criminal |
23 | | Identification Act. |
24 | | (9) Exercise the powers and perform the duties that |
25 | | have been vested
in the Illinois State Police by the Sex |
26 | | Offender Registration Act and
the Sex Offender
Community |
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1 | | Notification Law and
adopt reasonable rules necessitated |
2 | | thereby. |
3 | | (Source: P.A. 101-378, eff. 1-1-20; 102-538, eff. 8-20-21.)
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4 | | Section 10. The State Finance Act is amended by adding |
5 | | Section 5.990 and by changing Section 6z-112 as follows: |
6 | | (30 ILCS 105/5.990 new) |
7 | | Sec. 5.990. Cannabis Enforcement Fund. The Cannabis |
8 | | Enforcement Fund. |
9 | | (30 ILCS 105/6z-112) |
10 | | Sec. 6z-112. The Cannabis Regulation Fund. |
11 | | (a) There is created the Cannabis Regulation Fund in the |
12 | | State treasury, subject to appropriations unless otherwise |
13 | | provided in this Section. All moneys collected under the |
14 | | Cannabis Regulation and Tax Act shall be deposited into the |
15 | | Cannabis Regulation Fund, consisting of taxes, license fees, |
16 | | other fees, and any other amounts required to be deposited or |
17 | | transferred into the Fund. |
18 | | (b) Whenever the Department of Revenue determines that a |
19 | | refund should be made under the Cannabis Regulation and Tax |
20 | | Act to a claimant, the Department of Revenue shall submit a |
21 | | voucher for payment to the State Comptroller, who shall cause |
22 | | the order to be drawn for the amount specified and to the |
23 | | person named in the notification from the Department of |
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1 | | Revenue. This subsection (b) shall constitute an irrevocable |
2 | | and continuing appropriation of all amounts necessary for the |
3 | | payment of refunds out of the Fund as authorized under this |
4 | | subsection (b). |
5 | | (c) On or before the 25th day of each calendar month, the |
6 | | Department of Revenue shall prepare and certify to the State |
7 | | Comptroller the transfer and allocations of stated sums of |
8 | | money from the Cannabis Regulation Fund to other named funds |
9 | | in the State treasury. The amount subject to transfer shall be |
10 | | the amount of the taxes, license fees, other fees, and any |
11 | | other amounts paid into the Fund during the second preceding |
12 | | calendar month, minus the refunds made under subsection (b) |
13 | | during the second preceding calendar month by the Department. |
14 | | The transfers shall be certified as follows: |
15 | | (1) (Blank). The Department of Revenue shall first |
16 | | determine the allocations which shall remain in the |
17 | | Cannabis Regulation Fund, subject to appropriations, to |
18 | | pay for the direct and indirect costs associated with the |
19 | | implementation, administration, and enforcement of the |
20 | | Cannabis Regulation and Tax Act by the Department of |
21 | | Revenue, the Department of State Police, the Department of |
22 | | Financial and Professional Regulation, the Department of |
23 | | Agriculture, the Department of Public Health, the |
24 | | Department of Commerce and Economic Opportunity, and the |
25 | | Illinois Criminal Justice Information Authority. |
26 | | (2) (Blank). After the allocations have been made as |
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1 | | provided in paragraph (1) of this subsection (c), of the |
2 | | remainder of the amount subject to transfer for the month |
3 | | as determined in this subsection (c), the Department shall |
4 | | certify the transfer into the Cannabis Expungement Fund |
5 | | 1/12 of the fiscal year amount appropriated from the |
6 | | Cannabis Expungement Fund for payment of costs incurred by |
7 | | State courts, the Attorney General, State's Attorneys, |
8 | | civil legal aid, as defined by Section 15 of the Public |
9 | | Interest Attorney Assistance Act, and the Department of |
10 | | State Police to facilitate petitions for expungement of |
11 | | Minor Cannabis Offenses pursuant to Public Act 101-27, as |
12 | | adjusted by any supplemental appropriation, plus |
13 | | cumulative deficiencies in such transfers for prior |
14 | | months. |
15 | | (3) The After the allocations have been made as |
16 | | provided in paragraphs (1)and (2)of this subsection (c), |
17 | | the Department of Revenue shall certify to the State |
18 | | Comptroller and the State Treasurer shall transfer the |
19 | | amounts that the Department of Revenue determines shall be |
20 | | transferred into the following named funds according to |
21 | | the following: |
22 | | (A) 2% shall be transferred to the Drug Treatment |
23 | | Fund to be used by the Department of Human Services |
24 | | for: (i) developing and administering a scientifically |
25 | | and medically accurate public education campaign |
26 | | educating youth and adults about the health and safety |
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1 | | risks of alcohol, tobacco, illegal drug use (including |
2 | | prescription drugs), and cannabis, including use by |
3 | | pregnant women; and (ii) data collection and analysis |
4 | | of the public health impacts of legalizing the |
5 | | recreational use of cannabis. Expenditures for these |
6 | | purposes shall be subject to appropriations. |
7 | | (B) 8% shall be transferred to the Local |
8 | | Government Distributive Fund and allocated as provided |
9 | | in Section 2 of the State Revenue Sharing Act. The |
10 | | moneys shall be used to fund crime prevention |
11 | | programs, training, and interdiction efforts, |
12 | | including detection, enforcement, and prevention |
13 | | efforts, relating to the illegal cannabis market and |
14 | | driving under the influence of cannabis. |
15 | | (C) 25% shall be transferred to the Criminal |
16 | | Justice Information Projects Fund to be used for the |
17 | | purposes of the Restore, Reinvest, and Renew Program |
18 | | to address economic development, violence prevention |
19 | | services, re-entry services, youth development, and |
20 | | civil legal aid, as defined by Section 15 of the Public |
21 | | Interest Attorney Assistance Act. The Restore, |
22 | | Reinvest, and Renew Program shall address these issues |
23 | | through targeted investments and intervention programs |
24 | | and promotion of an employment infrastructure and |
25 | | capacity building related to the social determinants |
26 | | of health in impacted community areas. Expenditures |
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1 | | for these purposes shall be subject to appropriations. |
2 | | (D) 20% shall be transferred to the Department of |
3 | | Human Services Community Services Fund, to be used to |
4 | | address substance abuse and prevention and mental |
5 | | health concerns, including treatment, education, and |
6 | | prevention to address the negative impacts of |
7 | | substance abuse and mental health issues, including |
8 | | concentrated poverty, violence, and the historical |
9 | | overuse of criminal justice responses in certain |
10 | | communities, on the individual, family, and community, |
11 | | including federal, State, and local governments, |
12 | | health care institutions and providers, and |
13 | | correctional facilities. Expenditures for these |
14 | | purposes shall be subject to appropriations. |
15 | | (E) (Blank) 10% shall be transferred to the Budget |
16 | | Stabilization Fund . |
17 | | (F) (Blank) 35%, or any remaining balance, shall |
18 | | be transferred to the General Revenue Fund . |
19 | | (G) 25% shall be allocated to the Cannabis Equity |
20 | | and Oversight Commission to pay for the direct and |
21 | | indirect costs associated with the implementation, |
22 | | administration, and enforcement of the Cannabis |
23 | | Regulation and Tax Act. Any remaining moneys of the |
24 | | 25% after paying those costs shall be transferred to |
25 | | the General Revenue Fund. |
26 | | (H) 2% shall be transferred to the Cannabis |
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1 | | Expungement Fund for payment of costs incurred by |
2 | | State courts, the Attorney General, State's Attorneys, |
3 | | civic legal aid as that term is defined under Section |
4 | | 15 of the Public Interest Attorney Assistance Act, and |
5 | | the Illinois State Police to facilitate petitions for |
6 | | expungement of Minor Cannabis Offenses under |
7 | | subsection (i) of Section 5.2 of the Criminal |
8 | | Identification Act. |
9 | | (I) 5% shall be transferred to the Cannabis |
10 | | Enforcement Fund for payment of costs incurred by the |
11 | | Cannabis Equity and Oversight Commission, the Attorney |
12 | | General, the Illinois State Police, and other State |
13 | | and local agencies who have entered into a memorandum |
14 | | of understanding with the Cannabis Equity and |
15 | | Oversight Commission to carry out investigations of |
16 | | violations and enforcement of provisions of the |
17 | | Cannabis Regulation and Tax Act regarding the |
18 | | cultivation, production, sale, distribution, delivery, |
19 | | advertising, and transport of cannabis in violation of |
20 | | the Cannabis Regulation and Tax Act or without a |
21 | | license issued under that Act. |
22 | | (J) Any remaining balance shall be transferred to |
23 | | the General Revenue Fund. |
24 | | As soon as may be practical, but no later than 10 days |
25 | | after receipt, by the State Comptroller of the transfer |
26 | | certification provided for in this subsection (c) to be given |
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1 | | to the State Comptroller by the Department of Revenue, the |
2 | | State Comptroller shall direct and the State Treasurer shall |
3 | | transfer the respective amounts in accordance with the |
4 | | directions contained in such certification. |
5 | | (d) On July 1, 2019 the Department of Revenue shall |
6 | | certify to the State Comptroller and the State Treasurer shall |
7 | | transfer $5,000,000 from the Compassionate Use of Medical |
8 | | Cannabis Fund to the Cannabis Regulation Fund. |
9 | | (e) Notwithstanding any other law to the contrary and |
10 | | except as otherwise provided in this Section, this Fund is not |
11 | | subject to sweeps, administrative charge-backs, or any other |
12 | | fiscal or budgetary maneuver that would in any way transfer |
13 | | any amounts from this Fund into any other fund of the State. |
14 | | (f) The Cannabis Regulation Fund shall retain a balance of |
15 | | $1,000,000 for the purposes of administrative costs. |
16 | | (g) In Fiscal Year 2024 the allocations in subsection (c) |
17 | | of this Section shall be reviewed and adjusted if the General |
18 | | Assembly finds there is a greater need for funding for a |
19 | | specific purpose in the State as it relates to Public Act |
20 | | 101-27.
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21 | | (Source: P.A. 101-27, eff. 6-25-19; 102-558, eff. 8-20-21.) |
22 | | Section 15. The Illinois Procurement Code is amended by |
23 | | changing Section 1-10 as follows:
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24 | | (30 ILCS 500/1-10)
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1 | | (Text of Section before amendment by P.A. 102-721 )
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2 | | Sec. 1-10. Application.
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3 | | (a) This Code applies only to procurements for which |
4 | | bidders, offerors, potential contractors, or contractors were |
5 | | first
solicited on or after July 1, 1998. This Code shall not |
6 | | be construed to affect
or impair any contract, or any |
7 | | provision of a contract, entered into based on a
solicitation |
8 | | prior to the implementation date of this Code as described in
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9 | | Article 99, including, but not limited to, any covenant |
10 | | entered into with respect
to any revenue bonds or similar |
11 | | instruments.
All procurements for which contracts are |
12 | | solicited between the effective date
of Articles 50 and 99 and |
13 | | July 1, 1998 shall be substantially in accordance
with this |
14 | | Code and its intent.
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15 | | (b) This Code shall apply regardless of the source of the |
16 | | funds with which
the contracts are paid, including federal |
17 | | assistance moneys. This
Code shall
not apply to:
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18 | | (1) Contracts between the State and its political |
19 | | subdivisions or other
governments, or between State |
20 | | governmental bodies, except as specifically provided in |
21 | | this Code.
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22 | | (2) Grants, except for the filing requirements of |
23 | | Section 20-80.
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24 | | (3) Purchase of care, except as provided in Section |
25 | | 5-30.6 of the Illinois Public Aid
Code and this Section.
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26 | | (4) Hiring of an individual as an employee and not as |
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1 | | an independent
contractor, whether pursuant to an |
2 | | employment code or policy or by contract
directly with |
3 | | that individual.
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4 | | (5) Collective bargaining contracts.
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5 | | (6) Purchase of real estate, except that notice of |
6 | | this type of contract with a value of more than $25,000 |
7 | | must be published in the Procurement Bulletin within 10 |
8 | | calendar days after the deed is recorded in the county of |
9 | | jurisdiction. The notice shall identify the real estate |
10 | | purchased, the names of all parties to the contract, the |
11 | | value of the contract, and the effective date of the |
12 | | contract.
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13 | | (7) Contracts necessary to prepare for anticipated |
14 | | litigation, enforcement
actions, or investigations, |
15 | | provided
that the chief legal counsel to the Governor |
16 | | shall give his or her prior
approval when the procuring |
17 | | agency is one subject to the jurisdiction of the
Governor, |
18 | | and provided that the chief legal counsel of any other |
19 | | procuring
entity
subject to this Code shall give his or |
20 | | her prior approval when the procuring
entity is not one |
21 | | subject to the jurisdiction of the Governor.
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22 | | (8) (Blank).
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23 | | (9) Procurement expenditures by the Illinois |
24 | | Conservation Foundation
when only private funds are used.
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25 | | (10) (Blank). |
26 | | (11) Public-private agreements entered into according |
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1 | | to the procurement requirements of Section 20 of the |
2 | | Public-Private Partnerships for Transportation Act and |
3 | | design-build agreements entered into according to the |
4 | | procurement requirements of Section 25 of the |
5 | | Public-Private Partnerships for Transportation Act. |
6 | | (12) (A) Contracts for legal, financial, and other |
7 | | professional and artistic services entered into by the |
8 | | Illinois Finance Authority in which the State of Illinois |
9 | | is not obligated. Such contracts shall be awarded through |
10 | | a competitive process authorized by the members of the |
11 | | Illinois Finance Authority and are subject to Sections |
12 | | 5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code, |
13 | | as well as the final approval by the members of the |
14 | | Illinois Finance Authority of the terms of the contract. |
15 | | (B) Contracts for legal and financial services entered |
16 | | into by the Illinois Housing Development Authority in |
17 | | connection with the issuance of bonds in which the State |
18 | | of Illinois is not obligated. Such contracts shall be |
19 | | awarded through a competitive process authorized by the |
20 | | members of the Illinois Housing Development Authority and |
21 | | are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35, |
22 | | and 50-37 of this Code, as well as the final approval by |
23 | | the members of the Illinois Housing Development Authority |
24 | | of the terms of the contract. |
25 | | (13) Contracts for services, commodities, and |
26 | | equipment to support the delivery of timely forensic |
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1 | | science services in consultation with and subject to the |
2 | | approval of the Chief Procurement Officer as provided in |
3 | | subsection (d) of Section 5-4-3a of the Unified Code of |
4 | | Corrections, except for the requirements of Sections |
5 | | 20-60, 20-65, 20-70, and 20-160 and Article 50 of this |
6 | | Code; however, the Chief Procurement Officer may, in |
7 | | writing with justification, waive any certification |
8 | | required under Article 50 of this Code. For any contracts |
9 | | for services which are currently provided by members of a |
10 | | collective bargaining agreement, the applicable terms of |
11 | | the collective bargaining agreement concerning |
12 | | subcontracting shall be followed. |
13 | | On and after January 1, 2019, this paragraph (13), |
14 | | except for this sentence, is inoperative. |
15 | | (14) Contracts for participation expenditures required |
16 | | by a domestic or international trade show or exhibition of |
17 | | an exhibitor, member, or sponsor. |
18 | | (15) Contracts with a railroad or utility that |
19 | | requires the State to reimburse the railroad or utilities |
20 | | for the relocation of utilities for construction or other |
21 | | public purpose. Contracts included within this paragraph |
22 | | (15) shall include, but not be limited to, those |
23 | | associated with: relocations, crossings, installations, |
24 | | and maintenance. For the purposes of this paragraph (15), |
25 | | "railroad" means any form of non-highway ground |
26 | | transportation that runs on rails or electromagnetic |
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1 | | guideways and "utility" means: (1) public utilities as |
2 | | defined in Section 3-105 of the Public Utilities Act, (2) |
3 | | telecommunications carriers as defined in Section 13-202 |
4 | | of the Public Utilities Act, (3) electric cooperatives as |
5 | | defined in Section 3.4 of the Electric Supplier Act, (4) |
6 | | telephone or telecommunications cooperatives as defined in |
7 | | Section 13-212 of the Public Utilities Act, (5) rural |
8 | | water or waste water systems with 10,000 connections or |
9 | | less, (6) a holder as defined in Section 21-201 of the |
10 | | Public Utilities Act, and (7) municipalities owning or |
11 | | operating utility systems consisting of public utilities |
12 | | as that term is defined in Section 11-117-2 of the |
13 | | Illinois Municipal Code. |
14 | | (16) Procurement expenditures necessary for the |
15 | | Department of Public Health to provide the delivery of |
16 | | timely newborn screening services in accordance with the |
17 | | Newborn Metabolic Screening Act. |
18 | | (17) Procurement expenditures necessary for the |
19 | | Department of Agriculture, the Department of Financial and |
20 | | Professional Regulation, the Department of Human Services, |
21 | | and the Department of Public Health to implement the |
22 | | Compassionate Use of Medical Cannabis Program and Opioid |
23 | | Alternative Pilot Program requirements and ensure access |
24 | | to medical cannabis for patients with debilitating medical |
25 | | conditions in accordance with the Compassionate Use of |
26 | | Medical Cannabis Program Act. |
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1 | | (18) This Code does not apply to any procurements |
2 | | necessary for the Department of Agriculture, the |
3 | | Department of Financial and Professional Regulation, the |
4 | | Department of Human Services, the Department of Commerce |
5 | | and Economic Opportunity, and the Department of Public |
6 | | Health to implement the Cannabis Regulation and Tax Act if |
7 | | the applicable agency has made a good faith determination |
8 | | that it is necessary and appropriate for the expenditure |
9 | | to fall within this exemption and if the process is |
10 | | conducted in a manner substantially in accordance with the |
11 | | requirements of Sections 20-160, 25-60, 30-22, 50-5, |
12 | | 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, |
13 | | 50-36, 50-37, 50-38, and 50-50 of this Code; however, for |
14 | | Section 50-35, compliance applies only to contracts or |
15 | | subcontracts over $100,000. Notice of each contract |
16 | | entered into under this paragraph (18) that is related to |
17 | | the procurement of goods and services identified in |
18 | | paragraph (1) through (9) of this subsection shall be |
19 | | published in the Procurement Bulletin within 14 calendar |
20 | | days after contract execution. The Chief Procurement |
21 | | Officer shall prescribe the form and content of the |
22 | | notice. Each agency shall provide the Chief Procurement |
23 | | Officer, on a monthly basis, in the form and content |
24 | | prescribed by the Chief Procurement Officer, a report of |
25 | | contracts that are related to the procurement of goods and |
26 | | services identified in this subsection. At a minimum, this |
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1 | | report shall include the name of the contractor, a |
2 | | description of the supply or service provided, the total |
3 | | amount of the contract, the term of the contract, and the |
4 | | exception to this Code utilized. A copy of any or all of |
5 | | these contracts shall be made available to the Chief |
6 | | Procurement Officer immediately upon request. The Chief |
7 | | Procurement Officer shall submit a report to the Governor |
8 | | and General Assembly no later than November 1 of each year |
9 | | that includes, at a minimum, an annual summary of the |
10 | | monthly information reported to the Chief Procurement |
11 | | Officer. This exemption becomes inoperative 5 years after |
12 | | June 25, 2019 (the effective date of Public Act 101-27). |
13 | | (19) Acquisition of modifications or adjustments, |
14 | | limited to assistive technology devices and assistive |
15 | | technology services, adaptive equipment, repairs, and |
16 | | replacement parts to provide reasonable accommodations (i) |
17 | | that enable a qualified applicant with a disability to |
18 | | complete the job application process and be considered for |
19 | | the position such qualified applicant desires, (ii) that |
20 | | modify or adjust the work environment to enable a |
21 | | qualified current employee with a disability to perform |
22 | | the essential functions of the position held by that |
23 | | employee, (iii) to enable a qualified current employee |
24 | | with a disability to enjoy equal benefits and privileges |
25 | | of employment as are enjoyed by other similarly situated |
26 | | employees without disabilities, and (iv) that allow a |
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1 | | customer, client, claimant, or member of the public |
2 | | seeking State services full use and enjoyment of and |
3 | | access to its programs, services, or benefits. |
4 | | For purposes of this paragraph (19): |
5 | | "Assistive technology devices" means any item, piece |
6 | | of equipment, or product system, whether acquired |
7 | | commercially off the shelf, modified, or customized, that |
8 | | is used to increase, maintain, or improve functional |
9 | | capabilities of individuals with disabilities. |
10 | | "Assistive technology services" means any service that |
11 | | directly assists an individual with a disability in |
12 | | selection, acquisition, or use of an assistive technology |
13 | | device. |
14 | | "Qualified" has the same meaning and use as provided |
15 | | under the federal Americans with Disabilities Act when |
16 | | describing an individual with a disability. |
17 | | (20) Procurement expenditures necessary for the
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18 | | Illinois Commerce Commission to hire third-party
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19 | | facilitators pursuant to Sections 16-105.17 and
16-108.18 |
20 | | of the Public Utilities Act or an ombudsman pursuant to |
21 | | Section 16-107.5 of the Public Utilities Act, a |
22 | | facilitator pursuant to Section 16-105.17 of the Public |
23 | | Utilities Act, or a grid auditor pursuant to Section |
24 | | 16-105.10 of the Public Utilities Act. |
25 | | Notwithstanding any other provision of law, for contracts |
26 | | entered into on or after October 1, 2017 under an exemption |
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1 | | provided in any paragraph of this subsection (b), except |
2 | | paragraph (1), (2), or (5), each State agency shall post to the |
3 | | appropriate procurement bulletin the name of the contractor, a |
4 | | description of the supply or service provided, the total |
5 | | amount of the contract, the term of the contract, and the |
6 | | exception to the Code utilized. The chief procurement officer |
7 | | shall submit a report to the Governor and General Assembly no |
8 | | later than November 1 of each year that shall include, at a |
9 | | minimum, an annual summary of the monthly information reported |
10 | | to the chief procurement officer. |
11 | | (c) This Code does not apply to the electric power |
12 | | procurement process provided for under Section 1-75 of the |
13 | | Illinois Power Agency Act and Section 16-111.5 of the Public |
14 | | Utilities Act. |
15 | | (d) Except for Section 20-160 and Article 50 of this Code, |
16 | | and as expressly required by Section 9.1 of the Illinois |
17 | | Lottery Law, the provisions of this Code do not apply to the |
18 | | procurement process provided for under Section 9.1 of the |
19 | | Illinois Lottery Law. |
20 | | (e) This Code does not apply to the process used by the |
21 | | Capital Development Board to retain a person or entity to |
22 | | assist the Capital Development Board with its duties related |
23 | | to the determination of costs of a clean coal SNG brownfield |
24 | | facility, as defined by Section 1-10 of the Illinois Power |
25 | | Agency Act, as required in subsection (h-3) of Section 9-220 |
26 | | of the Public Utilities Act, including calculating the range |
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1 | | of capital costs, the range of operating and maintenance |
2 | | costs, or the sequestration costs or monitoring the |
3 | | construction of clean coal SNG brownfield facility for the |
4 | | full duration of construction. |
5 | | (f) (Blank). |
6 | | (g) (Blank). |
7 | | (h) This Code does not apply to the process to procure or |
8 | | contracts entered into in accordance with Sections 11-5.2 and |
9 | | 11-5.3 of the Illinois Public Aid Code. |
10 | | (i) Each chief procurement officer may access records |
11 | | necessary to review whether a contract, purchase, or other |
12 | | expenditure is or is not subject to the provisions of this |
13 | | Code, unless such records would be subject to attorney-client |
14 | | privilege. |
15 | | (j) This Code does not apply to the process used by the |
16 | | Capital Development Board to retain an artist or work or works |
17 | | of art as required in Section 14 of the Capital Development |
18 | | Board Act. |
19 | | (k) This Code does not apply to the process to procure |
20 | | contracts, or contracts entered into, by the State Board of |
21 | | Elections or the State Electoral Board for hearing officers |
22 | | appointed pursuant to the Election Code. |
23 | | (l) This Code does not apply to the processes used by the |
24 | | Illinois Student Assistance Commission to procure supplies and |
25 | | services paid for from the private funds of the Illinois |
26 | | Prepaid Tuition Fund. As used in this subsection (l), "private |
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1 | | funds" means funds derived from deposits paid into the |
2 | | Illinois Prepaid Tuition Trust Fund and the earnings thereon. |
3 | | (m) This Code shall apply regardless of the source of |
4 | | funds with which contracts are paid, including federal |
5 | | assistance moneys. Except as specifically provided in this |
6 | | Code, this Code shall not apply to procurement expenditures |
7 | | necessary for the Department of Public Health to conduct the |
8 | | Healthy Illinois Survey in accordance with Section 2310-431 of |
9 | | the Department of Public Health Powers and Duties Law of the |
10 | | Civil Administrative Code of Illinois. |
11 | | (Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; |
12 | | 101-363, eff. 8-9-19; 102-175, eff. 7-29-21; 102-483, eff |
13 | | 1-1-22; 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, |
14 | | eff. 9-15-21; 102-813, eff. 5-13-22.)
|
15 | | (Text of Section after amendment by P.A. 102-721 ) |
16 | | Sec. 1-10. Application.
|
17 | | (a) This Code applies only to procurements for which |
18 | | bidders, offerors, potential contractors, or contractors were |
19 | | first
solicited on or after July 1, 1998. This Code shall not |
20 | | be construed to affect
or impair any contract, or any |
21 | | provision of a contract, entered into based on a
solicitation |
22 | | prior to the implementation date of this Code as described in
|
23 | | Article 99, including, but not limited to, any covenant |
24 | | entered into with respect
to any revenue bonds or similar |
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1 | | instruments.
All procurements for which contracts are |
2 | | solicited between the effective date
of Articles 50 and 99 and |
3 | | July 1, 1998 shall be substantially in accordance
with this |
4 | | Code and its intent.
|
5 | | (b) This Code shall apply regardless of the source of the |
6 | | funds with which
the contracts are paid, including federal |
7 | | assistance moneys. This
Code shall
not apply to:
|
8 | | (1) Contracts between the State and its political |
9 | | subdivisions or other
governments, or between State |
10 | | governmental bodies, except as specifically provided in |
11 | | this Code.
|
12 | | (2) Grants, except for the filing requirements of |
13 | | Section 20-80.
|
14 | | (3) Purchase of care, except as provided in Section |
15 | | 5-30.6 of the Illinois Public Aid
Code and this Section.
|
16 | | (4) Hiring of an individual as an employee and not as |
17 | | an independent
contractor, whether pursuant to an |
18 | | employment code or policy or by contract
directly with |
19 | | that individual.
|
20 | | (5) Collective bargaining contracts.
|
21 | | (6) Purchase of real estate, except that notice of |
22 | | this type of contract with a value of more than $25,000 |
23 | | must be published in the Procurement Bulletin within 10 |
24 | | calendar days after the deed is recorded in the county of |
25 | | jurisdiction. The notice shall identify the real estate |
26 | | purchased, the names of all parties to the contract, the |
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1 | | value of the contract, and the effective date of the |
2 | | contract.
|
3 | | (7) Contracts necessary to prepare for anticipated |
4 | | litigation, enforcement
actions, or investigations, |
5 | | provided
that the chief legal counsel to the Governor |
6 | | shall give his or her prior
approval when the procuring |
7 | | agency is one subject to the jurisdiction of the
Governor, |
8 | | and provided that the chief legal counsel of any other |
9 | | procuring
entity
subject to this Code shall give his or |
10 | | her prior approval when the procuring
entity is not one |
11 | | subject to the jurisdiction of the Governor.
|
12 | | (8) (Blank).
|
13 | | (9) Procurement expenditures by the Illinois |
14 | | Conservation Foundation
when only private funds are used.
|
15 | | (10) (Blank). |
16 | | (11) Public-private agreements entered into according |
17 | | to the procurement requirements of Section 20 of the |
18 | | Public-Private Partnerships for Transportation Act and |
19 | | design-build agreements entered into according to the |
20 | | procurement requirements of Section 25 of the |
21 | | Public-Private Partnerships for Transportation Act. |
22 | | (12) (A) Contracts for legal, financial, and other |
23 | | professional and artistic services entered into by the |
24 | | Illinois Finance Authority in which the State of Illinois |
25 | | is not obligated. Such contracts shall be awarded through |
26 | | a competitive process authorized by the members of the |
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1 | | Illinois Finance Authority and are subject to Sections |
2 | | 5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code, |
3 | | as well as the final approval by the members of the |
4 | | Illinois Finance Authority of the terms of the contract. |
5 | | (B) Contracts for legal and financial services entered |
6 | | into by the Illinois Housing Development Authority in |
7 | | connection with the issuance of bonds in which the State |
8 | | of Illinois is not obligated. Such contracts shall be |
9 | | awarded through a competitive process authorized by the |
10 | | members of the Illinois Housing Development Authority and |
11 | | are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35, |
12 | | and 50-37 of this Code, as well as the final approval by |
13 | | the members of the Illinois Housing Development Authority |
14 | | of the terms of the contract. |
15 | | (13) Contracts for services, commodities, and |
16 | | equipment to support the delivery of timely forensic |
17 | | science services in consultation with and subject to the |
18 | | approval of the Chief Procurement Officer as provided in |
19 | | subsection (d) of Section 5-4-3a of the Unified Code of |
20 | | Corrections, except for the requirements of Sections |
21 | | 20-60, 20-65, 20-70, and 20-160 and Article 50 of this |
22 | | Code; however, the Chief Procurement Officer may, in |
23 | | writing with justification, waive any certification |
24 | | required under Article 50 of this Code. For any contracts |
25 | | for services which are currently provided by members of a |
26 | | collective bargaining agreement, the applicable terms of |
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1 | | the collective bargaining agreement concerning |
2 | | subcontracting shall be followed. |
3 | | On and after January 1, 2019, this paragraph (13), |
4 | | except for this sentence, is inoperative. |
5 | | (14) Contracts for participation expenditures required |
6 | | by a domestic or international trade show or exhibition of |
7 | | an exhibitor, member, or sponsor. |
8 | | (15) Contracts with a railroad or utility that |
9 | | requires the State to reimburse the railroad or utilities |
10 | | for the relocation of utilities for construction or other |
11 | | public purpose. Contracts included within this paragraph |
12 | | (15) shall include, but not be limited to, those |
13 | | associated with: relocations, crossings, installations, |
14 | | and maintenance. For the purposes of this paragraph (15), |
15 | | "railroad" means any form of non-highway ground |
16 | | transportation that runs on rails or electromagnetic |
17 | | guideways and "utility" means: (1) public utilities as |
18 | | defined in Section 3-105 of the Public Utilities Act, (2) |
19 | | telecommunications carriers as defined in Section 13-202 |
20 | | of the Public Utilities Act, (3) electric cooperatives as |
21 | | defined in Section 3.4 of the Electric Supplier Act, (4) |
22 | | telephone or telecommunications cooperatives as defined in |
23 | | Section 13-212 of the Public Utilities Act, (5) rural |
24 | | water or waste water systems with 10,000 connections or |
25 | | less, (6) a holder as defined in Section 21-201 of the |
26 | | Public Utilities Act, and (7) municipalities owning or |
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1 | | operating utility systems consisting of public utilities |
2 | | as that term is defined in Section 11-117-2 of the |
3 | | Illinois Municipal Code. |
4 | | (16) Procurement expenditures necessary for the |
5 | | Department of Public Health to provide the delivery of |
6 | | timely newborn screening services in accordance with the |
7 | | Newborn Metabolic Screening Act. |
8 | | (17) Procurement expenditures necessary for the |
9 | | Department of Agriculture, the Department of Financial and |
10 | | Professional Regulation, the Department of Human Services, |
11 | | the Cannabis Equity and Oversight Commission, and the |
12 | | Department of Public Health to implement the Compassionate |
13 | | Use of Medical Cannabis Program and Opioid Alternative |
14 | | Pilot Program requirements and ensure access to medical |
15 | | cannabis for patients with debilitating medical conditions |
16 | | in accordance with Article 75 of the Cannabis Regulation |
17 | | and Tax Act the Compassionate Use of Medical Cannabis |
18 | | Program Act . |
19 | | (18) This Code does not apply to any procurements |
20 | | necessary for the Department of Agriculture, the |
21 | | Department of Financial and Professional Regulation, the |
22 | | Department of Human Services, the Department of Commerce |
23 | | and Economic Opportunity, and the Department of Public |
24 | | Health to implement the Cannabis Regulation and Tax Act if |
25 | | the applicable agency has made a good faith determination |
26 | | that it is necessary and appropriate for the expenditure |
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1 | | to fall within this exemption and if the process is |
2 | | conducted in a manner substantially in accordance with the |
3 | | requirements of Sections 20-160, 25-60, 30-22, 50-5, |
4 | | 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, |
5 | | 50-36, 50-37, 50-38, and 50-50 of this Code; however, for |
6 | | Section 50-35, compliance applies only to contracts or |
7 | | subcontracts over $100,000. Notice of each contract |
8 | | entered into under this paragraph (18) that is related to |
9 | | the procurement of goods and services identified in |
10 | | paragraph (1) through (9) of this subsection shall be |
11 | | published in the Procurement Bulletin within 14 calendar |
12 | | days after contract execution. The Chief Procurement |
13 | | Officer shall prescribe the form and content of the |
14 | | notice. Each agency shall provide the Chief Procurement |
15 | | Officer, on a monthly basis, in the form and content |
16 | | prescribed by the Chief Procurement Officer, a report of |
17 | | contracts that are related to the procurement of goods and |
18 | | services identified in this subsection. At a minimum, this |
19 | | report shall include the name of the contractor, a |
20 | | description of the supply or service provided, the total |
21 | | amount of the contract, the term of the contract, and the |
22 | | exception to this Code utilized. A copy of any or all of |
23 | | these contracts shall be made available to the Chief |
24 | | Procurement Officer immediately upon request. The Chief |
25 | | Procurement Officer shall submit a report to the Governor |
26 | | and General Assembly no later than November 1 of each year |
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1 | | that includes, at a minimum, an annual summary of the |
2 | | monthly information reported to the Chief Procurement |
3 | | Officer. This exemption becomes inoperative 5 years after |
4 | | June 25, 2019 (the effective date of Public Act 101-27). |
5 | | (19) Acquisition of modifications or adjustments, |
6 | | limited to assistive technology devices and assistive |
7 | | technology services, adaptive equipment, repairs, and |
8 | | replacement parts to provide reasonable accommodations (i) |
9 | | that enable a qualified applicant with a disability to |
10 | | complete the job application process and be considered for |
11 | | the position such qualified applicant desires, (ii) that |
12 | | modify or adjust the work environment to enable a |
13 | | qualified current employee with a disability to perform |
14 | | the essential functions of the position held by that |
15 | | employee, (iii) to enable a qualified current employee |
16 | | with a disability to enjoy equal benefits and privileges |
17 | | of employment as are enjoyed by other similarly situated |
18 | | employees without disabilities, and (iv) that allow a |
19 | | customer, client, claimant, or member of the public |
20 | | seeking State services full use and enjoyment of and |
21 | | access to its programs, services, or benefits. |
22 | | For purposes of this paragraph (19): |
23 | | "Assistive technology devices" means any item, piece |
24 | | of equipment, or product system, whether acquired |
25 | | commercially off the shelf, modified, or customized, that |
26 | | is used to increase, maintain, or improve functional |
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1 | | capabilities of individuals with disabilities. |
2 | | "Assistive technology services" means any service that |
3 | | directly assists an individual with a disability in |
4 | | selection, acquisition, or use of an assistive technology |
5 | | device. |
6 | | "Qualified" has the same meaning and use as provided |
7 | | under the federal Americans with Disabilities Act when |
8 | | describing an individual with a disability. |
9 | | (20) Procurement expenditures necessary for the
|
10 | | Illinois Commerce Commission to hire third-party
|
11 | | facilitators pursuant to Sections 16-105.17 and
16-108.18 |
12 | | of the Public Utilities Act or an ombudsman pursuant to |
13 | | Section 16-107.5 of the Public Utilities Act, a |
14 | | facilitator pursuant to Section 16-105.17 of the Public |
15 | | Utilities Act, or a grid auditor pursuant to Section |
16 | | 16-105.10 of the Public Utilities Act. |
17 | | Notwithstanding any other provision of law, for contracts |
18 | | with an annual value of more than $100,000 entered into on or |
19 | | after October 1, 2017 under an exemption provided in any |
20 | | paragraph of this subsection (b), except paragraph (1), (2), |
21 | | or (5), each State agency shall post to the appropriate |
22 | | procurement bulletin the name of the contractor, a description |
23 | | of the supply or service provided, the total amount of the |
24 | | contract, the term of the contract, and the exception to the |
25 | | Code utilized. The chief procurement officer shall submit a |
26 | | report to the Governor and General Assembly no later than |
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1 | | November 1 of each year that shall include, at a minimum, an |
2 | | annual summary of the monthly information reported to the |
3 | | chief procurement officer. |
4 | | (c) This Code does not apply to the electric power |
5 | | procurement process provided for under Section 1-75 of the |
6 | | Illinois Power Agency Act and Section 16-111.5 of the Public |
7 | | Utilities Act. |
8 | | (d) Except for Section 20-160 and Article 50 of this Code, |
9 | | and as expressly required by Section 9.1 of the Illinois |
10 | | Lottery Law, the provisions of this Code do not apply to the |
11 | | procurement process provided for under Section 9.1 of the |
12 | | Illinois Lottery Law. |
13 | | (e) This Code does not apply to the process used by the |
14 | | Capital Development Board to retain a person or entity to |
15 | | assist the Capital Development Board with its duties related |
16 | | to the determination of costs of a clean coal SNG brownfield |
17 | | facility, as defined by Section 1-10 of the Illinois Power |
18 | | Agency Act, as required in subsection (h-3) of Section 9-220 |
19 | | of the Public Utilities Act, including calculating the range |
20 | | of capital costs, the range of operating and maintenance |
21 | | costs, or the sequestration costs or monitoring the |
22 | | construction of clean coal SNG brownfield facility for the |
23 | | full duration of construction. |
24 | | (f) (Blank). |
25 | | (g) (Blank). |
26 | | (h) This Code does not apply to the process to procure or |
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1 | | contracts entered into in accordance with Sections 11-5.2 and |
2 | | 11-5.3 of the Illinois Public Aid Code. |
3 | | (i) Each chief procurement officer may access records |
4 | | necessary to review whether a contract, purchase, or other |
5 | | expenditure is or is not subject to the provisions of this |
6 | | Code, unless such records would be subject to attorney-client |
7 | | privilege. |
8 | | (j) This Code does not apply to the process used by the |
9 | | Capital Development Board to retain an artist or work or works |
10 | | of art as required in Section 14 of the Capital Development |
11 | | Board Act. |
12 | | (k) This Code does not apply to the process to procure |
13 | | contracts, or contracts entered into, by the State Board of |
14 | | Elections or the State Electoral Board for hearing officers |
15 | | appointed pursuant to the Election Code. |
16 | | (l) This Code does not apply to the processes used by the |
17 | | Illinois Student Assistance Commission to procure supplies and |
18 | | services paid for from the private funds of the Illinois |
19 | | Prepaid Tuition Fund. As used in this subsection (l), "private |
20 | | funds" means funds derived from deposits paid into the |
21 | | Illinois Prepaid Tuition Trust Fund and the earnings thereon. |
22 | | (m) This Code shall apply regardless of the source of |
23 | | funds with which contracts are paid, including federal |
24 | | assistance moneys. Except as specifically provided in this |
25 | | Code, this Code shall not apply to procurement expenditures |
26 | | necessary for the Department of Public Health to conduct the |
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1 | | Healthy Illinois Survey in accordance with Section 2310-431 of |
2 | | the Department of Public Health Powers and Duties Law of the |
3 | | Civil Administrative Code of Illinois. |
4 | | (Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; |
5 | | 101-363, eff. 8-9-19; 102-175, eff. 7-29-21; 102-483, eff |
6 | | 1-1-22; 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, |
7 | | eff. 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22.)
|
8 | | Section 20. The Illinois Income Tax Act is amended by |
9 | | changing Section 201 as follows:
|
10 | | (35 ILCS 5/201)
|
11 | | Sec. 201. Tax imposed. |
12 | | (a) In general. A tax measured by net income is hereby |
13 | | imposed on every
individual, corporation, trust and estate for |
14 | | each taxable year ending
after July 31, 1969 on the privilege |
15 | | of earning or receiving income in or
as a resident of this |
16 | | State. Such tax shall be in addition to all other
occupation or |
17 | | privilege taxes imposed by this State or by any municipal
|
18 | | corporation or political subdivision thereof. |
19 | | (b) Rates. The tax imposed by subsection (a) of this |
20 | | Section shall be
determined as follows, except as adjusted by |
21 | | subsection (d-1): |
22 | | (1) In the case of an individual, trust or estate, for |
23 | | taxable years
ending prior to July 1, 1989, an amount |
24 | | equal to 2 1/2% of the taxpayer's
net income for the |
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1 | | taxable year. |
2 | | (2) In the case of an individual, trust or estate, for |
3 | | taxable years
beginning prior to July 1, 1989 and ending |
4 | | after June 30, 1989, an amount
equal to the sum of (i) 2 |
5 | | 1/2% of the taxpayer's net income for the period
prior to |
6 | | July 1, 1989, as calculated under Section 202.3, and (ii) |
7 | | 3% of the
taxpayer's net income for the period after June |
8 | | 30, 1989, as calculated
under Section 202.3. |
9 | | (3) In the case of an individual, trust or estate, for |
10 | | taxable years
beginning after June 30, 1989, and ending |
11 | | prior to January 1, 2011, an amount equal to 3% of the |
12 | | taxpayer's net
income for the taxable year. |
13 | | (4) In the case of an individual, trust, or estate, |
14 | | for taxable years beginning prior to January 1, 2011, and |
15 | | ending after December 31, 2010, an amount equal to the sum |
16 | | of (i) 3% of the taxpayer's net income for the period prior |
17 | | to January 1, 2011, as calculated under Section 202.5, and |
18 | | (ii) 5% of the taxpayer's net income for the period after |
19 | | December 31, 2010, as calculated under Section 202.5. |
20 | | (5) In the case of an individual, trust, or estate, |
21 | | for taxable years beginning on or after January 1, 2011, |
22 | | and ending prior to January 1, 2015, an amount equal to 5% |
23 | | of the taxpayer's net income for the taxable year. |
24 | | (5.1) In the case of an individual, trust, or estate, |
25 | | for taxable years beginning prior to January 1, 2015, and |
26 | | ending after December 31, 2014, an amount equal to the sum |
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1 | | of (i) 5% of the taxpayer's net income for the period prior |
2 | | to January 1, 2015, as calculated under Section 202.5, and |
3 | | (ii) 3.75% of the taxpayer's net income for the period |
4 | | after December 31, 2014, as calculated under Section |
5 | | 202.5. |
6 | | (5.2) In the case of an individual, trust, or estate, |
7 | | for taxable years beginning on or after January 1, 2015, |
8 | | and ending prior to July 1, 2017, an amount equal to 3.75% |
9 | | of the taxpayer's net income for the taxable year. |
10 | | (5.3) In the case of an individual, trust, or estate, |
11 | | for taxable years beginning prior to July 1, 2017, and |
12 | | ending after June 30, 2017, an amount equal to the sum of |
13 | | (i) 3.75% of the taxpayer's net income for the period |
14 | | prior to July 1, 2017, as calculated under Section 202.5, |
15 | | and (ii) 4.95% of the taxpayer's net income for the period |
16 | | after June 30, 2017, as calculated under Section 202.5. |
17 | | (5.4) In the case of an individual, trust, or estate, |
18 | | for taxable years beginning on or after July 1, 2017, an |
19 | | amount equal to 4.95% of the taxpayer's net income for the |
20 | | taxable year. |
21 | | (6) In the case of a corporation, for taxable years
|
22 | | ending prior to July 1, 1989, an amount equal to 4% of the
|
23 | | taxpayer's net income for the taxable year. |
24 | | (7) In the case of a corporation, for taxable years |
25 | | beginning prior to
July 1, 1989 and ending after June 30, |
26 | | 1989, an amount equal to the sum of
(i) 4% of the |
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1 | | taxpayer's net income for the period prior to July 1, |
2 | | 1989,
as calculated under Section 202.3, and (ii) 4.8% of |
3 | | the taxpayer's net
income for the period after June 30, |
4 | | 1989, as calculated under Section
202.3. |
5 | | (8) In the case of a corporation, for taxable years |
6 | | beginning after
June 30, 1989, and ending prior to January |
7 | | 1, 2011, an amount equal to 4.8% of the taxpayer's net |
8 | | income for the
taxable year. |
9 | | (9) In the case of a corporation, for taxable years |
10 | | beginning prior to January 1, 2011, and ending after |
11 | | December 31, 2010, an amount equal to the sum of (i) 4.8% |
12 | | of the taxpayer's net income for the period prior to |
13 | | January 1, 2011, as calculated under Section 202.5, and |
14 | | (ii) 7% of the taxpayer's net income for the period after |
15 | | December 31, 2010, as calculated under Section 202.5. |
16 | | (10) In the case of a corporation, for taxable years |
17 | | beginning on or after January 1, 2011, and ending prior to |
18 | | January 1, 2015, an amount equal to 7% of the taxpayer's |
19 | | net income for the taxable year. |
20 | | (11) In the case of a corporation, for taxable years |
21 | | beginning prior to January 1, 2015, and ending after |
22 | | December 31, 2014, an amount equal to the sum of (i) 7% of |
23 | | the taxpayer's net income for the period prior to January |
24 | | 1, 2015, as calculated under Section 202.5, and (ii) 5.25% |
25 | | of the taxpayer's net income for the period after December |
26 | | 31, 2014, as calculated under Section 202.5. |
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1 | | (12) In the case of a corporation, for taxable years |
2 | | beginning on or after January 1, 2015, and ending prior to |
3 | | July 1, 2017, an amount equal to 5.25% of the taxpayer's |
4 | | net income for the taxable year. |
5 | | (13) In the case of a corporation, for taxable years |
6 | | beginning prior to July 1, 2017, and ending after June 30, |
7 | | 2017, an amount equal to the sum of (i) 5.25% of the |
8 | | taxpayer's net income for the period prior to July 1, |
9 | | 2017, as calculated under Section 202.5, and (ii) 7% of |
10 | | the taxpayer's net income for the period after June 30, |
11 | | 2017, as calculated under Section 202.5. |
12 | | (14) In the case of a corporation, for taxable years |
13 | | beginning on or after July 1, 2017, an amount equal to 7% |
14 | | of the taxpayer's net income for the taxable year. |
15 | | The rates under this subsection (b) are subject to the |
16 | | provisions of Section 201.5. |
17 | | (b-5) Surcharge; sale or exchange of assets, properties, |
18 | | and intangibles of organization gaming licensees. For each of |
19 | | taxable years 2019 through 2027, a surcharge is imposed on all |
20 | | taxpayers on income arising from the sale or exchange of |
21 | | capital assets, depreciable business property, real property |
22 | | used in the trade or business, and Section 197 intangibles (i) |
23 | | of an organization licensee under the Illinois Horse Racing |
24 | | Act of 1975 and (ii) of an organization gaming licensee under |
25 | | the Illinois Gambling Act. The amount of the surcharge is |
26 | | equal to the amount of federal income tax liability for the |
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1 | | taxable year attributable to those sales and exchanges. The |
2 | | surcharge imposed shall not apply if: |
3 | | (1) the organization gaming license, organization |
4 | | license, or racetrack property is transferred as a result |
5 | | of any of the following: |
6 | | (A) bankruptcy, a receivership, or a debt |
7 | | adjustment initiated by or against the initial |
8 | | licensee or the substantial owners of the initial |
9 | | licensee; |
10 | | (B) cancellation, revocation, or termination of |
11 | | any such license by the Illinois Gaming Board or the |
12 | | Illinois Racing Board; |
13 | | (C) a determination by the Illinois Gaming Board |
14 | | that transfer of the license is in the best interests |
15 | | of Illinois gaming; |
16 | | (D) the death of an owner of the equity interest in |
17 | | a licensee; |
18 | | (E) the acquisition of a controlling interest in |
19 | | the stock or substantially all of the assets of a |
20 | | publicly traded company; |
21 | | (F) a transfer by a parent company to a wholly |
22 | | owned subsidiary; or |
23 | | (G) the transfer or sale to or by one person to |
24 | | another person where both persons were initial owners |
25 | | of the license when the license was issued; or |
26 | | (2) the controlling interest in the organization |
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1 | | gaming license, organization license, or racetrack |
2 | | property is transferred in a transaction to lineal |
3 | | descendants in which no gain or loss is recognized or as a |
4 | | result of a transaction in accordance with Section 351 of |
5 | | the Internal Revenue Code in which no gain or loss is |
6 | | recognized; or |
7 | | (3) live horse racing was not conducted in 2010 at a |
8 | | racetrack located within 3 miles of the Mississippi River |
9 | | under a license issued pursuant to the Illinois Horse |
10 | | Racing Act of 1975. |
11 | | The transfer of an organization gaming license, |
12 | | organization license, or racetrack property by a person other |
13 | | than the initial licensee to receive the organization gaming |
14 | | license is not subject to a surcharge. The Department shall |
15 | | adopt rules necessary to implement and administer this |
16 | | subsection. |
17 | | (c) Personal Property Tax Replacement Income Tax.
|
18 | | Beginning on July 1, 1979 and thereafter, in addition to such |
19 | | income
tax, there is also hereby imposed the Personal Property |
20 | | Tax Replacement
Income Tax measured by net income on every |
21 | | corporation (including Subchapter
S corporations), partnership |
22 | | and trust, for each taxable year ending after
June 30, 1979. |
23 | | Such taxes are imposed on the privilege of earning or
|
24 | | receiving income in or as a resident of this State. The |
25 | | Personal Property
Tax Replacement Income Tax shall be in |
26 | | addition to the income tax imposed
by subsections (a) and (b) |
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1 | | of this Section and in addition to all other
occupation or |
2 | | privilege taxes imposed by this State or by any municipal
|
3 | | corporation or political subdivision thereof. |
4 | | (d) Additional Personal Property Tax Replacement Income |
5 | | Tax Rates.
The personal property tax replacement income tax |
6 | | imposed by this subsection
and subsection (c) of this Section |
7 | | in the case of a corporation, other
than a Subchapter S |
8 | | corporation and except as adjusted by subsection (d-1),
shall |
9 | | be an additional amount equal to
2.85% of such taxpayer's net |
10 | | income for the taxable year, except that
beginning on January |
11 | | 1, 1981, and thereafter, the rate of 2.85% specified
in this |
12 | | subsection shall be reduced to 2.5%, and in the case of a
|
13 | | partnership, trust or a Subchapter S corporation shall be an |
14 | | additional
amount equal to 1.5% of such taxpayer's net income |
15 | | for the taxable year. |
16 | | (d-1) Rate reduction for certain foreign insurers. In the |
17 | | case of a
foreign insurer, as defined by Section 35A-5 of the |
18 | | Illinois Insurance Code,
whose state or country of domicile |
19 | | imposes on insurers domiciled in Illinois
a retaliatory tax |
20 | | (excluding any insurer
whose premiums from reinsurance assumed |
21 | | are 50% or more of its total insurance
premiums as determined |
22 | | under paragraph (2) of subsection (b) of Section 304,
except |
23 | | that for purposes of this determination premiums from |
24 | | reinsurance do
not include premiums from inter-affiliate |
25 | | reinsurance arrangements),
beginning with taxable years ending |
26 | | on or after December 31, 1999,
the sum of
the rates of tax |
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1 | | imposed by subsections (b) and (d) shall be reduced (but not
|
2 | | increased) to the rate at which the total amount of tax imposed |
3 | | under this Act,
net of all credits allowed under this Act, |
4 | | shall equal (i) the total amount of
tax that would be imposed |
5 | | on the foreign insurer's net income allocable to
Illinois for |
6 | | the taxable year by such foreign insurer's state or country of
|
7 | | domicile if that net income were subject to all income taxes |
8 | | and taxes
measured by net income imposed by such foreign |
9 | | insurer's state or country of
domicile, net of all credits |
10 | | allowed or (ii) a rate of zero if no such tax is
imposed on |
11 | | such income by the foreign insurer's state of domicile.
For |
12 | | the purposes of this subsection (d-1), an inter-affiliate |
13 | | includes a
mutual insurer under common management. |
14 | | (1) For the purposes of subsection (d-1), in no event |
15 | | shall the sum of the
rates of tax imposed by subsections |
16 | | (b) and (d) be reduced below the rate at
which the sum of: |
17 | | (A) the total amount of tax imposed on such |
18 | | foreign insurer under
this Act for a taxable year, net |
19 | | of all credits allowed under this Act, plus |
20 | | (B) the privilege tax imposed by Section 409 of |
21 | | the Illinois Insurance
Code, the fire insurance |
22 | | company tax imposed by Section 12 of the Fire
|
23 | | Investigation Act, and the fire department taxes |
24 | | imposed under Section 11-10-1
of the Illinois |
25 | | Municipal Code, |
26 | | equals 1.25% for taxable years ending prior to December |
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1 | | 31, 2003, or
1.75% for taxable years ending on or after |
2 | | December 31, 2003, of the net
taxable premiums written for |
3 | | the taxable year,
as described by subsection (1) of |
4 | | Section 409 of the Illinois Insurance Code.
This paragraph |
5 | | will in no event increase the rates imposed under |
6 | | subsections
(b) and (d). |
7 | | (2) Any reduction in the rates of tax imposed by this |
8 | | subsection shall be
applied first against the rates |
9 | | imposed by subsection (b) and only after the
tax imposed |
10 | | by subsection (a) net of all credits allowed under this |
11 | | Section
other than the credit allowed under subsection (i) |
12 | | has been reduced to zero,
against the rates imposed by |
13 | | subsection (d). |
14 | | This subsection (d-1) is exempt from the provisions of |
15 | | Section 250. |
16 | | (e) Investment credit. A taxpayer shall be allowed a |
17 | | credit
against the Personal Property Tax Replacement Income |
18 | | Tax for
investment in qualified property. |
19 | | (1) A taxpayer shall be allowed a credit equal to .5% |
20 | | of
the basis of qualified property placed in service |
21 | | during the taxable year,
provided such property is placed |
22 | | in service on or after
July 1, 1984. There shall be allowed |
23 | | an additional credit equal
to .5% of the basis of |
24 | | qualified property placed in service during the
taxable |
25 | | year, provided such property is placed in service on or
|
26 | | after July 1, 1986, and the taxpayer's base employment
|
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1 | | within Illinois has increased by 1% or more over the |
2 | | preceding year as
determined by the taxpayer's employment |
3 | | records filed with the
Illinois Department of Employment |
4 | | Security. Taxpayers who are new to
Illinois shall be |
5 | | deemed to have met the 1% growth in base employment for
the |
6 | | first year in which they file employment records with the |
7 | | Illinois
Department of Employment Security. The provisions |
8 | | added to this Section by
Public Act 85-1200 (and restored |
9 | | by Public Act 87-895) shall be
construed as declaratory of |
10 | | existing law and not as a new enactment. If,
in any year, |
11 | | the increase in base employment within Illinois over the
|
12 | | preceding year is less than 1%, the additional credit |
13 | | shall be limited to that
percentage times a fraction, the |
14 | | numerator of which is .5% and the denominator
of which is |
15 | | 1%, but shall not exceed .5%. The investment credit shall |
16 | | not be
allowed to the extent that it would reduce a |
17 | | taxpayer's liability in any tax
year below zero, nor may |
18 | | any credit for qualified property be allowed for any
year |
19 | | other than the year in which the property was placed in |
20 | | service in
Illinois. For tax years ending on or after |
21 | | December 31, 1987, and on or
before December 31, 1988, the |
22 | | credit shall be allowed for the tax year in
which the |
23 | | property is placed in service, or, if the amount of the |
24 | | credit
exceeds the tax liability for that year, whether it |
25 | | exceeds the original
liability or the liability as later |
26 | | amended, such excess may be carried
forward and applied to |
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1 | | the tax liability of the 5 taxable years following
the |
2 | | excess credit years if the taxpayer (i) makes investments |
3 | | which cause
the creation of a minimum of 2,000 full-time |
4 | | equivalent jobs in Illinois,
(ii) is located in an |
5 | | enterprise zone established pursuant to the Illinois
|
6 | | Enterprise Zone Act and (iii) is certified by the |
7 | | Department of Commerce
and Community Affairs (now |
8 | | Department of Commerce and Economic Opportunity) as |
9 | | complying with the requirements specified in
clause (i) |
10 | | and (ii) by July 1, 1986. The Department of Commerce and
|
11 | | Community Affairs (now Department of Commerce and Economic |
12 | | Opportunity) shall notify the Department of Revenue of all |
13 | | such
certifications immediately. For tax years ending |
14 | | after December 31, 1988,
the credit shall be allowed for |
15 | | the tax year in which the property is
placed in service, |
16 | | or, if the amount of the credit exceeds the tax
liability |
17 | | for that year, whether it exceeds the original liability |
18 | | or the
liability as later amended, such excess may be |
19 | | carried forward and applied
to the tax liability of the 5 |
20 | | taxable years following the excess credit
years. The |
21 | | credit shall be applied to the earliest year for which |
22 | | there is
a liability. If there is credit from more than one |
23 | | tax year that is
available to offset a liability, earlier |
24 | | credit shall be applied first. |
25 | | (2) The term "qualified property" means property |
26 | | which: |
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1 | | (A) is tangible, whether new or used, including |
2 | | buildings and structural
components of buildings and |
3 | | signs that are real property, but not including
land |
4 | | or improvements to real property that are not a |
5 | | structural component of a
building such as |
6 | | landscaping, sewer lines, local access roads, fencing, |
7 | | parking
lots, and other appurtenances; |
8 | | (B) is depreciable pursuant to Section 167 of the |
9 | | Internal Revenue Code,
except that "3-year property" |
10 | | as defined in Section 168(c)(2)(A) of that
Code is not |
11 | | eligible for the credit provided by this subsection |
12 | | (e); |
13 | | (C) is acquired by purchase as defined in Section |
14 | | 179(d) of
the Internal Revenue Code; |
15 | | (D) is used in Illinois by a taxpayer who is |
16 | | primarily engaged in
manufacturing, or in mining coal |
17 | | or fluorite, or in retailing, or was placed in service |
18 | | on or after July 1, 2006 in a River Edge Redevelopment |
19 | | Zone established pursuant to the River Edge |
20 | | Redevelopment Zone Act; and |
21 | | (E) has not previously been used in Illinois in |
22 | | such a manner and by
such a person as would qualify for |
23 | | the credit provided by this subsection
(e) or |
24 | | subsection (f). |
25 | | (3) For purposes of this subsection (e), |
26 | | "manufacturing" means
the material staging and production |
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1 | | of tangible personal property by
procedures commonly |
2 | | regarded as manufacturing, processing, fabrication, or
|
3 | | assembling which changes some existing material into new |
4 | | shapes, new
qualities, or new combinations. For purposes |
5 | | of this subsection
(e) the term "mining" shall have the |
6 | | same meaning as the term "mining" in
Section 613(c) of the |
7 | | Internal Revenue Code. For purposes of this subsection
|
8 | | (e), the term "retailing" means the sale of tangible |
9 | | personal property for use or consumption and not for |
10 | | resale, or
services rendered in conjunction with the sale |
11 | | of tangible personal property for use or consumption and |
12 | | not for resale. For purposes of this subsection (e), |
13 | | "tangible personal property" has the same meaning as when |
14 | | that term is used in the Retailers' Occupation Tax Act, |
15 | | and, for taxable years ending after December 31, 2008, |
16 | | does not include the generation, transmission, or |
17 | | distribution of electricity. |
18 | | (4) The basis of qualified property shall be the basis
|
19 | | used to compute the depreciation deduction for federal |
20 | | income tax purposes. |
21 | | (5) If the basis of the property for federal income |
22 | | tax depreciation
purposes is increased after it has been |
23 | | placed in service in Illinois by
the taxpayer, the amount |
24 | | of such increase shall be deemed property placed
in |
25 | | service on the date of such increase in basis. |
26 | | (6) The term "placed in service" shall have the same
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1 | | meaning as under Section 46 of the Internal Revenue Code. |
2 | | (7) If during any taxable year, any property ceases to
|
3 | | be qualified property in the hands of the taxpayer within |
4 | | 48 months after
being placed in service, or the situs of |
5 | | any qualified property is
moved outside Illinois within 48 |
6 | | months after being placed in service, the
Personal |
7 | | Property Tax Replacement Income Tax for such taxable year |
8 | | shall be
increased. Such increase shall be determined by |
9 | | (i) recomputing the
investment credit which would have |
10 | | been allowed for the year in which
credit for such |
11 | | property was originally allowed by eliminating such
|
12 | | property from such computation and, (ii) subtracting such |
13 | | recomputed credit
from the amount of credit previously |
14 | | allowed. For the purposes of this
paragraph (7), a |
15 | | reduction of the basis of qualified property resulting
|
16 | | from a redetermination of the purchase price shall be |
17 | | deemed a disposition
of qualified property to the extent |
18 | | of such reduction. |
19 | | (8) Unless the investment credit is extended by law, |
20 | | the
basis of qualified property shall not include costs |
21 | | incurred after
December 31, 2018, except for costs |
22 | | incurred pursuant to a binding
contract entered into on or |
23 | | before December 31, 2018. |
24 | | (9) Each taxable year ending before December 31, 2000, |
25 | | a partnership may
elect to pass through to its
partners |
26 | | the credits to which the partnership is entitled under |
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1 | | this subsection
(e) for the taxable year. A partner may |
2 | | use the credit allocated to him or her
under this |
3 | | paragraph only against the tax imposed in subsections (c) |
4 | | and (d) of
this Section. If the partnership makes that |
5 | | election, those credits shall be
allocated among the |
6 | | partners in the partnership in accordance with the rules
|
7 | | set forth in Section 704(b) of the Internal Revenue Code, |
8 | | and the rules
promulgated under that Section, and the |
9 | | allocated amount of the credits shall
be allowed to the |
10 | | partners for that taxable year. The partnership shall make
|
11 | | this election on its Personal Property Tax Replacement |
12 | | Income Tax return for
that taxable year. The election to |
13 | | pass through the credits shall be
irrevocable. |
14 | | For taxable years ending on or after December 31, |
15 | | 2000, a
partner that qualifies its
partnership for a |
16 | | subtraction under subparagraph (I) of paragraph (2) of
|
17 | | subsection (d) of Section 203 or a shareholder that |
18 | | qualifies a Subchapter S
corporation for a subtraction |
19 | | under subparagraph (S) of paragraph (2) of
subsection (b) |
20 | | of Section 203 shall be allowed a credit under this |
21 | | subsection
(e) equal to its share of the credit earned |
22 | | under this subsection (e) during
the taxable year by the |
23 | | partnership or Subchapter S corporation, determined in
|
24 | | accordance with the determination of income and |
25 | | distributive share of
income under Sections 702 and 704 |
26 | | and Subchapter S of the Internal Revenue
Code. This |
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1 | | paragraph is exempt from the provisions of Section 250. |
2 | | (f) Investment credit; Enterprise Zone; River Edge |
3 | | Redevelopment Zone. |
4 | | (1) A taxpayer shall be allowed a credit against the |
5 | | tax imposed
by subsections (a) and (b) of this Section for |
6 | | investment in qualified
property which is placed in |
7 | | service in an Enterprise Zone created
pursuant to the |
8 | | Illinois Enterprise Zone Act or, for property placed in |
9 | | service on or after July 1, 2006, a River Edge |
10 | | Redevelopment Zone established pursuant to the River Edge |
11 | | Redevelopment Zone Act. For partners, shareholders
of |
12 | | Subchapter S corporations, and owners of limited liability |
13 | | companies,
if the liability company is treated as a |
14 | | partnership for purposes of
federal and State income |
15 | | taxation, there shall be allowed a credit under
this |
16 | | subsection (f) to be determined in accordance with the |
17 | | determination
of income and distributive share of income |
18 | | under Sections 702 and 704 and
Subchapter S of the |
19 | | Internal Revenue Code. The credit shall be .5% of the
|
20 | | basis for such property. The credit shall be available |
21 | | only in the taxable
year in which the property is placed in |
22 | | service in the Enterprise Zone or River Edge Redevelopment |
23 | | Zone and
shall not be allowed to the extent that it would |
24 | | reduce a taxpayer's
liability for the tax imposed by |
25 | | subsections (a) and (b) of this Section to
below zero. For |
26 | | tax years ending on or after December 31, 1985, the credit
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1 | | shall be allowed for the tax year in which the property is |
2 | | placed in
service, or, if the amount of the credit exceeds |
3 | | the tax liability for that
year, whether it exceeds the |
4 | | original liability or the liability as later
amended, such |
5 | | excess may be carried forward and applied to the tax
|
6 | | liability of the 5 taxable years following the excess |
7 | | credit year.
The credit shall be applied to the earliest |
8 | | year for which there is a
liability. If there is credit |
9 | | from more than one tax year that is available
to offset a |
10 | | liability, the credit accruing first in time shall be |
11 | | applied
first. |
12 | | (2) The term qualified property means property which: |
13 | | (A) is tangible, whether new or used, including |
14 | | buildings and
structural components of buildings; |
15 | | (B) is depreciable pursuant to Section 167 of the |
16 | | Internal Revenue
Code, except that "3-year property" |
17 | | as defined in Section 168(c)(2)(A) of
that Code is not |
18 | | eligible for the credit provided by this subsection |
19 | | (f); |
20 | | (C) is acquired by purchase as defined in Section |
21 | | 179(d) of
the Internal Revenue Code; |
22 | | (D) is used in the Enterprise Zone or River Edge |
23 | | Redevelopment Zone by the taxpayer; and |
24 | | (E) has not been previously used in Illinois in |
25 | | such a manner and by
such a person as would qualify for |
26 | | the credit provided by this subsection
(f) or |
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1 | | subsection (e). |
2 | | (3) The basis of qualified property shall be the basis |
3 | | used to compute
the depreciation deduction for federal |
4 | | income tax purposes. |
5 | | (4) If the basis of the property for federal income |
6 | | tax depreciation
purposes is increased after it has been |
7 | | placed in service in the Enterprise
Zone or River Edge |
8 | | Redevelopment Zone by the taxpayer, the amount of such |
9 | | increase shall be deemed property
placed in service on the |
10 | | date of such increase in basis. |
11 | | (5) The term "placed in service" shall have the same |
12 | | meaning as under
Section 46 of the Internal Revenue Code. |
13 | | (6) If during any taxable year, any property ceases to |
14 | | be qualified
property in the hands of the taxpayer within |
15 | | 48 months after being placed
in service, or the situs of |
16 | | any qualified property is moved outside the
Enterprise |
17 | | Zone or River Edge Redevelopment Zone within 48 months |
18 | | after being placed in service, the tax
imposed under |
19 | | subsections (a) and (b) of this Section for such taxable |
20 | | year
shall be increased. Such increase shall be determined |
21 | | by (i) recomputing
the investment credit which would have |
22 | | been allowed for the year in which
credit for such |
23 | | property was originally allowed by eliminating such
|
24 | | property from such computation, and (ii) subtracting such |
25 | | recomputed credit
from the amount of credit previously |
26 | | allowed. For the purposes of this
paragraph (6), a |
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1 | | reduction of the basis of qualified property resulting
|
2 | | from a redetermination of the purchase price shall be |
3 | | deemed a disposition
of qualified property to the extent |
4 | | of such reduction. |
5 | | (7) There shall be allowed an additional credit equal |
6 | | to 0.5% of the basis of qualified property placed in |
7 | | service during the taxable year in a River Edge |
8 | | Redevelopment Zone, provided such property is placed in |
9 | | service on or after July 1, 2006, and the taxpayer's base |
10 | | employment within Illinois has increased by 1% or more |
11 | | over the preceding year as determined by the taxpayer's |
12 | | employment records filed with the Illinois Department of |
13 | | Employment Security. Taxpayers who are new to Illinois |
14 | | shall be deemed to have met the 1% growth in base |
15 | | employment for the first year in which they file |
16 | | employment records with the Illinois Department of |
17 | | Employment Security. If, in any year, the increase in base |
18 | | employment within Illinois over the preceding year is less |
19 | | than 1%, the additional credit shall be limited to that |
20 | | percentage times a fraction, the numerator of which is |
21 | | 0.5% and the denominator of which is 1%, but shall not |
22 | | exceed 0.5%.
|
23 | | (8) For taxable years beginning on or after January 1, |
24 | | 2021, there shall be allowed an Enterprise Zone |
25 | | construction jobs credit against the taxes imposed under |
26 | | subsections (a) and (b) of this Section as provided in |
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1 | | Section 13 of the Illinois Enterprise Zone Act. |
2 | | The credit or credits may not reduce the taxpayer's |
3 | | liability to less than zero. If the amount of the credit or |
4 | | credits exceeds the taxpayer's liability, the excess may |
5 | | be carried forward and applied against the taxpayer's |
6 | | liability in succeeding calendar years in the same manner |
7 | | provided under paragraph (4) of Section 211 of this Act. |
8 | | The credit or credits shall be applied to the earliest |
9 | | year for which there is a tax liability. If there are |
10 | | credits from more than one taxable year that are available |
11 | | to offset a liability, the earlier credit shall be applied |
12 | | first. |
13 | | For partners, shareholders of Subchapter S |
14 | | corporations, and owners of limited liability companies, |
15 | | if the liability company is treated as a partnership for |
16 | | the purposes of federal and State income taxation, there |
17 | | shall be allowed a credit under this Section to be |
18 | | determined in accordance with the determination of income |
19 | | and distributive share of income under Sections 702 and |
20 | | 704 and Subchapter S of the Internal Revenue Code. |
21 | | The total aggregate amount of credits awarded under |
22 | | the Blue Collar Jobs Act (Article 20 of Public Act 101-9) |
23 | | shall not exceed $20,000,000 in any State fiscal year. |
24 | | This paragraph (8) is exempt from the provisions of |
25 | | Section 250. |
26 | | (g) (Blank). |
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1 | | (h) Investment credit; High Impact Business. |
2 | | (1) Subject to subsections (b) and (b-5) of Section
|
3 | | 5.5 of the Illinois Enterprise Zone Act, a taxpayer shall |
4 | | be allowed a credit
against the tax imposed by subsections |
5 | | (a) and (b) of this Section for
investment in qualified
|
6 | | property which is placed in service by a Department of |
7 | | Commerce and Economic Opportunity
designated High Impact |
8 | | Business. The credit shall be .5% of the basis
for such |
9 | | property. The credit shall not be available (i) until the |
10 | | minimum
investments in qualified property set forth in |
11 | | subdivision (a)(3)(A) of
Section 5.5 of the Illinois
|
12 | | Enterprise Zone Act have been satisfied
or (ii) until the |
13 | | time authorized in subsection (b-5) of the Illinois
|
14 | | Enterprise Zone Act for entities designated as High Impact |
15 | | Businesses under
subdivisions (a)(3)(B), (a)(3)(C), and |
16 | | (a)(3)(D) of Section 5.5 of the Illinois
Enterprise Zone |
17 | | Act, and shall not be allowed to the extent that it would
|
18 | | reduce a taxpayer's liability for the tax imposed by |
19 | | subsections (a) and (b) of
this Section to below zero. The |
20 | | credit applicable to such investments shall be
taken in |
21 | | the taxable year in which such investments have been |
22 | | completed. The
credit for additional investments beyond |
23 | | the minimum investment by a designated
high impact |
24 | | business authorized under subdivision (a)(3)(A) of Section |
25 | | 5.5 of
the Illinois Enterprise Zone Act shall be available |
26 | | only in the taxable year in
which the property is placed in |
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1 | | service and shall not be allowed to the extent
that it |
2 | | would reduce a taxpayer's liability for the tax imposed by |
3 | | subsections
(a) and (b) of this Section to below zero.
For |
4 | | tax years ending on or after December 31, 1987, the credit |
5 | | shall be
allowed for the tax year in which the property is |
6 | | placed in service, or, if
the amount of the credit exceeds |
7 | | the tax liability for that year, whether
it exceeds the |
8 | | original liability or the liability as later amended, such
|
9 | | excess may be carried forward and applied to the tax |
10 | | liability of the 5
taxable years following the excess |
11 | | credit year. The credit shall be
applied to the earliest |
12 | | year for which there is a liability. If there is
credit |
13 | | from more than one tax year that is available to offset a |
14 | | liability,
the credit accruing first in time shall be |
15 | | applied first. |
16 | | Changes made in this subdivision (h)(1) by Public Act |
17 | | 88-670
restore changes made by Public Act 85-1182 and |
18 | | reflect existing law. |
19 | | (2) The term qualified property means property which: |
20 | | (A) is tangible, whether new or used, including |
21 | | buildings and
structural components of buildings; |
22 | | (B) is depreciable pursuant to Section 167 of the |
23 | | Internal Revenue
Code, except that "3-year property" |
24 | | as defined in Section 168(c)(2)(A) of
that Code is not |
25 | | eligible for the credit provided by this subsection |
26 | | (h); |
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1 | | (C) is acquired by purchase as defined in Section |
2 | | 179(d) of the
Internal Revenue Code; and |
3 | | (D) is not eligible for the Enterprise Zone |
4 | | Investment Credit provided
by subsection (f) of this |
5 | | Section. |
6 | | (3) The basis of qualified property shall be the basis |
7 | | used to compute
the depreciation deduction for federal |
8 | | income tax purposes. |
9 | | (4) If the basis of the property for federal income |
10 | | tax depreciation
purposes is increased after it has been |
11 | | placed in service in a federally
designated Foreign Trade |
12 | | Zone or Sub-Zone located in Illinois by the taxpayer,
the |
13 | | amount of such increase shall be deemed property placed in |
14 | | service on
the date of such increase in basis. |
15 | | (5) The term "placed in service" shall have the same |
16 | | meaning as under
Section 46 of the Internal Revenue Code. |
17 | | (6) If during any taxable year ending on or before |
18 | | December 31, 1996,
any property ceases to be qualified
|
19 | | property in the hands of the taxpayer within 48 months |
20 | | after being placed
in service, or the situs of any |
21 | | qualified property is moved outside
Illinois within 48 |
22 | | months after being placed in service, the tax imposed
|
23 | | under subsections (a) and (b) of this Section for such |
24 | | taxable year shall
be increased. Such increase shall be |
25 | | determined by (i) recomputing the
investment credit which |
26 | | would have been allowed for the year in which
credit for |
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1 | | such property was originally allowed by eliminating such
|
2 | | property from such computation, and (ii) subtracting such |
3 | | recomputed credit
from the amount of credit previously |
4 | | allowed. For the purposes of this
paragraph (6), a |
5 | | reduction of the basis of qualified property resulting
|
6 | | from a redetermination of the purchase price shall be |
7 | | deemed a disposition
of qualified property to the extent |
8 | | of such reduction. |
9 | | (7) Beginning with tax years ending after December 31, |
10 | | 1996, if a
taxpayer qualifies for the credit under this |
11 | | subsection (h) and thereby is
granted a tax abatement and |
12 | | the taxpayer relocates its entire facility in
violation of |
13 | | the explicit terms and length of the contract under |
14 | | Section
18-183 of the Property Tax Code, the tax imposed |
15 | | under subsections
(a) and (b) of this Section shall be |
16 | | increased for the taxable year
in which the taxpayer |
17 | | relocated its facility by an amount equal to the
amount of |
18 | | credit received by the taxpayer under this subsection (h). |
19 | | (h-5) High Impact Business construction jobs credit. For |
20 | | taxable years beginning on or after January 1, 2021, there |
21 | | shall also be allowed a High Impact Business construction jobs |
22 | | credit against the tax imposed under subsections (a) and (b) |
23 | | of this Section as provided in subsections (i) and (j) of |
24 | | Section 5.5 of the Illinois Enterprise Zone Act. |
25 | | The credit or credits may not reduce the taxpayer's |
26 | | liability to less than zero. If the amount of the credit or |
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1 | | credits exceeds the taxpayer's liability, the excess may be |
2 | | carried forward and applied against the taxpayer's liability |
3 | | in succeeding calendar years in the manner provided under |
4 | | paragraph (4) of Section 211 of this Act. The credit or credits |
5 | | shall be applied to the earliest year for which there is a tax |
6 | | liability. If there are credits from more than one taxable |
7 | | year that are available to offset a liability, the earlier |
8 | | credit shall be applied first. |
9 | | For partners, shareholders of Subchapter S corporations, |
10 | | and owners of limited liability companies, if the liability |
11 | | company is treated as a partnership for the purposes of |
12 | | federal and State income taxation, there shall be allowed a |
13 | | credit under this Section to be determined in accordance with |
14 | | the determination of income and distributive share of income |
15 | | under Sections 702 and 704 and Subchapter S of the Internal |
16 | | Revenue Code. |
17 | | The total aggregate amount of credits awarded under the |
18 | | Blue Collar Jobs Act (Article 20 of Public Act 101-9) shall not |
19 | | exceed $20,000,000 in any State fiscal year. |
20 | | This subsection (h-5) is exempt from the provisions of |
21 | | Section 250. |
22 | | (i) Credit for Personal Property Tax Replacement Income |
23 | | Tax.
For tax years ending prior to December 31, 2003, a credit |
24 | | shall be allowed
against the tax imposed by
subsections (a) |
25 | | and (b) of this Section for the tax imposed by subsections (c)
|
26 | | and (d) of this Section. This credit shall be computed by |
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1 | | multiplying the tax
imposed by subsections (c) and (d) of this |
2 | | Section by a fraction, the numerator
of which is base income |
3 | | allocable to Illinois and the denominator of which is
Illinois |
4 | | base income, and further multiplying the product by the tax |
5 | | rate
imposed by subsections (a) and (b) of this Section. |
6 | | Any credit earned on or after December 31, 1986 under
this |
7 | | subsection which is unused in the year
the credit is computed |
8 | | because it exceeds the tax liability imposed by
subsections |
9 | | (a) and (b) for that year (whether it exceeds the original
|
10 | | liability or the liability as later amended) may be carried |
11 | | forward and
applied to the tax liability imposed by |
12 | | subsections (a) and (b) of the 5
taxable years following the |
13 | | excess credit year, provided that no credit may
be carried |
14 | | forward to any year ending on or
after December 31, 2003. This |
15 | | credit shall be
applied first to the earliest year for which |
16 | | there is a liability. If
there is a credit under this |
17 | | subsection from more than one tax year that is
available to |
18 | | offset a liability the earliest credit arising under this
|
19 | | subsection shall be applied first. |
20 | | If, during any taxable year ending on or after December |
21 | | 31, 1986, the
tax imposed by subsections (c) and (d) of this |
22 | | Section for which a taxpayer
has claimed a credit under this |
23 | | subsection (i) is reduced, the amount of
credit for such tax |
24 | | shall also be reduced. Such reduction shall be
determined by |
25 | | recomputing the credit to take into account the reduced tax
|
26 | | imposed by subsections (c) and (d). If any portion of the
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1 | | reduced amount of credit has been carried to a different |
2 | | taxable year, an
amended return shall be filed for such |
3 | | taxable year to reduce the amount of
credit claimed. |
4 | | (j) Training expense credit. Beginning with tax years |
5 | | ending on or
after December 31, 1986 and prior to December 31, |
6 | | 2003, a taxpayer shall be
allowed a credit against the
tax |
7 | | imposed by subsections (a) and (b) under this Section
for all |
8 | | amounts paid or accrued, on behalf of all persons
employed by |
9 | | the taxpayer in Illinois or Illinois residents employed
|
10 | | outside of Illinois by a taxpayer, for educational or |
11 | | vocational training in
semi-technical or technical fields or |
12 | | semi-skilled or skilled fields, which
were deducted from gross |
13 | | income in the computation of taxable income. The
credit |
14 | | against the tax imposed by subsections (a) and (b) shall be |
15 | | 1.6% of
such training expenses. For partners, shareholders of |
16 | | subchapter S
corporations, and owners of limited liability |
17 | | companies, if the liability
company is treated as a |
18 | | partnership for purposes of federal and State income
taxation, |
19 | | there shall be allowed a credit under this subsection (j) to be
|
20 | | determined in accordance with the determination of income and |
21 | | distributive
share of income under Sections 702 and 704 and |
22 | | subchapter S of the Internal
Revenue Code. |
23 | | Any credit allowed under this subsection which is unused |
24 | | in the year
the credit is earned may be carried forward to each |
25 | | of the 5 taxable
years following the year for which the credit |
26 | | is first computed until it is
used. This credit shall be |
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1 | | applied first to the earliest year for which
there is a |
2 | | liability. If there is a credit under this subsection from |
3 | | more
than one tax year that is available to offset a liability, |
4 | | the earliest
credit arising under this subsection shall be |
5 | | applied first. No carryforward
credit may be claimed in any |
6 | | tax year ending on or after
December 31, 2003. |
7 | | (k) Research and development credit. For tax years ending |
8 | | after July 1, 1990 and prior to
December 31, 2003, and |
9 | | beginning again for tax years ending on or after December 31, |
10 | | 2004, and ending prior to January 1, 2027, a taxpayer shall be
|
11 | | allowed a credit against the tax imposed by subsections (a) |
12 | | and (b) of this
Section for increasing research activities in |
13 | | this State. The credit
allowed against the tax imposed by |
14 | | subsections (a) and (b) shall be equal
to 6 1/2% of the |
15 | | qualifying expenditures for increasing research activities
in |
16 | | this State. For partners, shareholders of subchapter S |
17 | | corporations, and
owners of limited liability companies, if |
18 | | the liability company is treated as a
partnership for purposes |
19 | | of federal and State income taxation, there shall be
allowed a |
20 | | credit under this subsection to be determined in accordance |
21 | | with the
determination of income and distributive share of |
22 | | income under Sections 702 and
704 and subchapter S of the |
23 | | Internal Revenue Code. |
24 | | For purposes of this subsection, "qualifying expenditures" |
25 | | means the
qualifying expenditures as defined for the federal |
26 | | credit for increasing
research activities which would be |
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1 | | allowable under Section 41 of the
Internal Revenue Code and |
2 | | which are conducted in this State, "qualifying
expenditures |
3 | | for increasing research activities in this State" means the
|
4 | | excess of qualifying expenditures for the taxable year in |
5 | | which incurred
over qualifying expenditures for the base |
6 | | period, "qualifying expenditures
for the base period" means |
7 | | the average of the qualifying expenditures for
each year in |
8 | | the base period, and "base period" means the 3 taxable years
|
9 | | immediately preceding the taxable year for which the |
10 | | determination is
being made. |
11 | | Any credit in excess of the tax liability for the taxable |
12 | | year
may be carried forward. A taxpayer may elect to have the
|
13 | | unused credit shown on its final completed return carried over |
14 | | as a credit
against the tax liability for the following 5 |
15 | | taxable years or until it has
been fully used, whichever |
16 | | occurs first; provided that no credit earned in a tax year |
17 | | ending prior to December 31, 2003 may be carried forward to any |
18 | | year ending on or after December 31, 2003. |
19 | | If an unused credit is carried forward to a given year from |
20 | | 2 or more
earlier years, that credit arising in the earliest |
21 | | year will be applied
first against the tax liability for the |
22 | | given year. If a tax liability for
the given year still |
23 | | remains, the credit from the next earliest year will
then be |
24 | | applied, and so on, until all credits have been used or no tax
|
25 | | liability for the given year remains. Any remaining unused |
26 | | credit or
credits then will be carried forward to the next |
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1 | | following year in which a
tax liability is incurred, except |
2 | | that no credit can be carried forward to
a year which is more |
3 | | than 5 years after the year in which the expense for
which the |
4 | | credit is given was incurred. |
5 | | No inference shall be drawn from Public Act 91-644 in |
6 | | construing this Section for taxable years beginning before |
7 | | January
1, 1999. |
8 | | It is the intent of the General Assembly that the research |
9 | | and development credit under this subsection (k) shall apply |
10 | | continuously for all tax years ending on or after December 31, |
11 | | 2004 and ending prior to January 1, 2027, including, but not |
12 | | limited to, the period beginning on January 1, 2016 and ending |
13 | | on July 6, 2017 (the effective date of Public Act 100-22). All |
14 | | actions taken in reliance on the continuation of the credit |
15 | | under this subsection (k) by any taxpayer are hereby |
16 | | validated. |
17 | | (l) Environmental Remediation Tax Credit. |
18 | | (i) For tax years ending after December 31, 1997 and |
19 | | on or before
December 31, 2001, a taxpayer shall be |
20 | | allowed a credit against the tax
imposed by subsections |
21 | | (a) and (b) of this Section for certain amounts paid
for |
22 | | unreimbursed eligible remediation costs, as specified in |
23 | | this subsection.
For purposes of this Section, |
24 | | "unreimbursed eligible remediation costs" means
costs |
25 | | approved by the Illinois Environmental Protection Agency |
26 | | ("Agency") under
Section 58.14 of the Environmental |
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1 | | Protection Act that were paid in performing
environmental |
2 | | remediation at a site for which a No Further Remediation |
3 | | Letter
was issued by the Agency and recorded under Section |
4 | | 58.10 of the Environmental
Protection Act. The credit must |
5 | | be claimed for the taxable year in which
Agency approval |
6 | | of the eligible remediation costs is granted. The credit |
7 | | is
not available to any taxpayer if the taxpayer or any |
8 | | related party caused or
contributed to, in any material |
9 | | respect, a release of regulated substances on,
in, or |
10 | | under the site that was identified and addressed by the |
11 | | remedial
action pursuant to the Site Remediation Program |
12 | | of the Environmental Protection
Act. After the Pollution |
13 | | Control Board rules are adopted pursuant to the
Illinois |
14 | | Administrative Procedure Act for the administration and |
15 | | enforcement of
Section 58.9 of the Environmental |
16 | | Protection Act, determinations as to credit
availability |
17 | | for purposes of this Section shall be made consistent with |
18 | | those
rules. For purposes of this Section, "taxpayer" |
19 | | includes a person whose tax
attributes the taxpayer has |
20 | | succeeded to under Section 381 of the Internal
Revenue |
21 | | Code and "related party" includes the persons disallowed a |
22 | | deduction
for losses by paragraphs (b), (c), and (f)(1) of |
23 | | Section 267 of the Internal
Revenue Code by virtue of |
24 | | being a related taxpayer, as well as any of its
partners. |
25 | | The credit allowed against the tax imposed by subsections |
26 | | (a) and
(b) shall be equal to 25% of the unreimbursed |
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1 | | eligible remediation costs in
excess of $100,000 per site, |
2 | | except that the $100,000 threshold shall not apply
to any |
3 | | site contained in an enterprise zone as determined by the |
4 | | Department of
Commerce and Community Affairs (now |
5 | | Department of Commerce and Economic Opportunity). The |
6 | | total credit allowed shall not exceed
$40,000 per year |
7 | | with a maximum total of $150,000 per site. For partners |
8 | | and
shareholders of subchapter S corporations, there shall |
9 | | be allowed a credit
under this subsection to be determined |
10 | | in accordance with the determination of
income and |
11 | | distributive share of income under Sections 702 and 704 |
12 | | and
subchapter S of the Internal Revenue Code. |
13 | | (ii) A credit allowed under this subsection that is |
14 | | unused in the year
the credit is earned may be carried |
15 | | forward to each of the 5 taxable years
following the year |
16 | | for which the credit is first earned until it is used.
The |
17 | | term "unused credit" does not include any amounts of |
18 | | unreimbursed eligible
remediation costs in excess of the |
19 | | maximum credit per site authorized under
paragraph (i). |
20 | | This credit shall be applied first to the earliest year
|
21 | | for which there is a liability. If there is a credit under |
22 | | this subsection
from more than one tax year that is |
23 | | available to offset a liability, the
earliest credit |
24 | | arising under this subsection shall be applied first. A
|
25 | | credit allowed under this subsection may be sold to a |
26 | | buyer as part of a sale
of all or part of the remediation |
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1 | | site for which the credit was granted. The
purchaser of a |
2 | | remediation site and the tax credit shall succeed to the |
3 | | unused
credit and remaining carry-forward period of the |
4 | | seller. To perfect the
transfer, the assignor shall record |
5 | | the transfer in the chain of title for the
site and provide |
6 | | written notice to the Director of the Illinois Department |
7 | | of
Revenue of the assignor's intent to sell the |
8 | | remediation site and the amount of
the tax credit to be |
9 | | transferred as a portion of the sale. In no event may a
|
10 | | credit be transferred to any taxpayer if the taxpayer or a |
11 | | related party would
not be eligible under the provisions |
12 | | of subsection (i). |
13 | | (iii) For purposes of this Section, the term "site" |
14 | | shall have the same
meaning as under Section 58.2 of the |
15 | | Environmental Protection Act. |
16 | | (m) Education expense credit. Beginning with tax years |
17 | | ending after
December 31, 1999, a taxpayer who
is the |
18 | | custodian of one or more qualifying pupils shall be allowed a |
19 | | credit
against the tax imposed by subsections (a) and (b) of |
20 | | this Section for
qualified education expenses incurred on |
21 | | behalf of the qualifying pupils.
The credit shall be equal to |
22 | | 25% of qualified education expenses, but in no
event may the |
23 | | total credit under this subsection claimed by a
family that is |
24 | | the
custodian of qualifying pupils exceed (i) $500 for tax |
25 | | years ending prior to December 31, 2017, and (ii) $750 for tax |
26 | | years ending on or after December 31, 2017. In no event shall a |
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1 | | credit under
this subsection reduce the taxpayer's liability |
2 | | under this Act to less than
zero. Notwithstanding any other |
3 | | provision of law, for taxable years beginning on or after |
4 | | January 1, 2017, no taxpayer may claim a credit under this |
5 | | subsection (m) if the taxpayer's adjusted gross income for the |
6 | | taxable year exceeds (i) $500,000, in the case of spouses |
7 | | filing a joint federal tax return or (ii) $250,000, in the case |
8 | | of all other taxpayers. This subsection is exempt from the |
9 | | provisions of Section 250 of this
Act. |
10 | | For purposes of this subsection: |
11 | | "Qualifying pupils" means individuals who (i) are |
12 | | residents of the State of
Illinois, (ii) are under the age of |
13 | | 21 at the close of the school year for
which a credit is |
14 | | sought, and (iii) during the school year for which a credit
is |
15 | | sought were full-time pupils enrolled in a kindergarten |
16 | | through twelfth
grade education program at any school, as |
17 | | defined in this subsection. |
18 | | "Qualified education expense" means the amount incurred
on |
19 | | behalf of a qualifying pupil in excess of $250 for tuition, |
20 | | book fees, and
lab fees at the school in which the pupil is |
21 | | enrolled during the regular school
year. |
22 | | "School" means any public or nonpublic elementary or |
23 | | secondary school in
Illinois that is in compliance with Title |
24 | | VI of the Civil Rights Act of 1964
and attendance at which |
25 | | satisfies the requirements of Section 26-1 of the
School Code, |
26 | | except that nothing shall be construed to require a child to
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1 | | attend any particular public or nonpublic school to qualify |
2 | | for the credit
under this Section. |
3 | | "Custodian" means, with respect to qualifying pupils, an |
4 | | Illinois resident
who is a parent, the parents, a legal |
5 | | guardian, or the legal guardians of the
qualifying pupils. |
6 | | (n) River Edge Redevelopment Zone site remediation tax |
7 | | credit.
|
8 | | (i) For tax years ending on or after December 31, |
9 | | 2006, a taxpayer shall be allowed a credit against the tax |
10 | | imposed by subsections (a) and (b) of this Section for |
11 | | certain amounts paid for unreimbursed eligible remediation |
12 | | costs, as specified in this subsection. For purposes of |
13 | | this Section, "unreimbursed eligible remediation costs" |
14 | | means costs approved by the Illinois Environmental |
15 | | Protection Agency ("Agency") under Section 58.14a of the |
16 | | Environmental Protection Act that were paid in performing |
17 | | environmental remediation at a site within a River Edge |
18 | | Redevelopment Zone for which a No Further Remediation |
19 | | Letter was issued by the Agency and recorded under Section |
20 | | 58.10 of the Environmental Protection Act. The credit must |
21 | | be claimed for the taxable year in which Agency approval |
22 | | of the eligible remediation costs is granted. The credit |
23 | | is not available to any taxpayer if the taxpayer or any |
24 | | related party caused or contributed to, in any material |
25 | | respect, a release of regulated substances on, in, or |
26 | | under the site that was identified and addressed by the |
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1 | | remedial action pursuant to the Site Remediation Program |
2 | | of the Environmental Protection Act. Determinations as to |
3 | | credit availability for purposes of this Section shall be |
4 | | made consistent with rules adopted by the Pollution |
5 | | Control Board pursuant to the Illinois Administrative |
6 | | Procedure Act for the administration and enforcement of |
7 | | Section 58.9 of the Environmental Protection Act. For |
8 | | purposes of this Section, "taxpayer" includes a person |
9 | | whose tax attributes the taxpayer has succeeded to under |
10 | | Section 381 of the Internal Revenue Code and "related |
11 | | party" includes the persons disallowed a deduction for |
12 | | losses by paragraphs (b), (c), and (f)(1) of Section 267 |
13 | | of the Internal Revenue Code by virtue of being a related |
14 | | taxpayer, as well as any of its partners. The credit |
15 | | allowed against the tax imposed by subsections (a) and (b) |
16 | | shall be equal to 25% of the unreimbursed eligible |
17 | | remediation costs in excess of $100,000 per site. |
18 | | (ii) A credit allowed under this subsection that is |
19 | | unused in the year the credit is earned may be carried |
20 | | forward to each of the 5 taxable years following the year |
21 | | for which the credit is first earned until it is used. This |
22 | | credit shall be applied first to the earliest year for |
23 | | which there is a liability. If there is a credit under this |
24 | | subsection from more than one tax year that is available |
25 | | to offset a liability, the earliest credit arising under |
26 | | this subsection shall be applied first. A credit allowed |
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1 | | under this subsection may be sold to a buyer as part of a |
2 | | sale of all or part of the remediation site for which the |
3 | | credit was granted. The purchaser of a remediation site |
4 | | and the tax credit shall succeed to the unused credit and |
5 | | remaining carry-forward period of the seller. To perfect |
6 | | the transfer, the assignor shall record the transfer in |
7 | | the chain of title for the site and provide written notice |
8 | | to the Director of the Illinois Department of Revenue of |
9 | | the assignor's intent to sell the remediation site and the |
10 | | amount of the tax credit to be transferred as a portion of |
11 | | the sale. In no event may a credit be transferred to any |
12 | | taxpayer if the taxpayer or a related party would not be |
13 | | eligible under the provisions of subsection (i). |
14 | | (iii) For purposes of this Section, the term "site" |
15 | | shall have the same meaning as under Section 58.2 of the |
16 | | Environmental Protection Act. |
17 | | (o) For each of taxable years during the Compassionate Use |
18 | | of Medical Cannabis Program, a surcharge is imposed on all |
19 | | taxpayers on income arising from the sale or exchange of |
20 | | capital assets, depreciable business property, real property |
21 | | used in the trade or business, and Section 197 intangibles of |
22 | | an organization registrant under Article 75 of the Cannabis |
23 | | Regulation and Tax Act the Compassionate Use of Medical |
24 | | Cannabis Program Act . The amount of the surcharge is equal to |
25 | | the amount of federal income tax liability for the taxable |
26 | | year attributable to those sales and exchanges. The surcharge |
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1 | | imposed does not apply if: |
2 | | (1) the medical cannabis cultivation center |
3 | | registration, medical cannabis dispensary registration, or |
4 | | the property of a registration is transferred as a result |
5 | | of any of the following: |
6 | | (A) bankruptcy, a receivership, or a debt |
7 | | adjustment initiated by or against the initial |
8 | | registration or the substantial owners of the initial |
9 | | registration; |
10 | | (B) cancellation, revocation, or termination of |
11 | | any registration by the Illinois Department of Public |
12 | | Health; |
13 | | (C) a determination by the Illinois Department of |
14 | | Public Health that transfer of the registration is in |
15 | | the best interests of Illinois qualifying patients as |
16 | | defined by Article 75 of the Cannabis Regulation and |
17 | | Tax Act the Compassionate Use of Medical Cannabis |
18 | | Program Act ; |
19 | | (D) the death of an owner of the equity interest in |
20 | | a registrant; |
21 | | (E) the acquisition of a controlling interest in |
22 | | the stock or substantially all of the assets of a |
23 | | publicly traded company; |
24 | | (F) a transfer by a parent company to a wholly |
25 | | owned subsidiary; or |
26 | | (G) the transfer or sale to or by one person to |
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1 | | another person where both persons were initial owners |
2 | | of the registration when the registration was issued; |
3 | | or |
4 | | (2) the cannabis cultivation center registration, |
5 | | medical cannabis dispensary registration, or the |
6 | | controlling interest in a registrant's property is |
7 | | transferred in a transaction to lineal descendants in |
8 | | which no gain or loss is recognized or as a result of a |
9 | | transaction in accordance with Section 351 of the Internal |
10 | | Revenue Code in which no gain or loss is recognized. |
11 | | (p) Pass-through entity tax. |
12 | | (1) For taxable years ending on or after December 31, |
13 | | 2021 and beginning prior to January 1, 2026, a partnership |
14 | | (other than a publicly traded partnership under Section |
15 | | 7704 of the Internal Revenue Code) or Subchapter S |
16 | | corporation may elect to apply the provisions of this |
17 | | subsection. A separate election shall be made for each |
18 | | taxable year. Such election shall be made at such time, |
19 | | and in such form and manner as prescribed by the |
20 | | Department, and, once made, is irrevocable. |
21 | | (2) Entity-level tax. A partnership or Subchapter S |
22 | | corporation electing to apply the provisions of this |
23 | | subsection shall be subject to a tax for the privilege of |
24 | | earning or receiving income in this State in an amount |
25 | | equal to 4.95% of the taxpayer's net income for the |
26 | | taxable year. |
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1 | | (3) Net income defined. |
2 | | (A) In general. For purposes of paragraph (2), the |
3 | | term net income has the same meaning as defined in |
4 | | Section 202 of this Act, except that the following |
5 | | provisions shall not apply: |
6 | | (i) the standard exemption allowed under |
7 | | Section 204; |
8 | | (ii) the deduction for net losses allowed |
9 | | under Section 207; |
10 | | (iii) in the case of an S corporation, the |
11 | | modification under Section 203(b)(2)(S); and |
12 | | (iv) in the case of a partnership, the |
13 | | modifications under Section 203(d)(2)(H) and |
14 | | Section 203(d)(2)(I). |
15 | | (B) Special rule for tiered partnerships. If a |
16 | | taxpayer making the election under paragraph (1) is a |
17 | | partner of another taxpayer making the election under |
18 | | paragraph (1), net income shall be computed as |
19 | | provided in subparagraph (A), except that the taxpayer |
20 | | shall subtract its distributive share of the net |
21 | | income of the electing partnership (including its |
22 | | distributive share of the net income of the electing |
23 | | partnership derived as a distributive share from |
24 | | electing partnerships in which it is a partner). |
25 | | (4) Credit for entity level tax. Each partner or |
26 | | shareholder of a taxpayer making the election under this |
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1 | | Section shall be allowed a credit against the tax imposed |
2 | | under subsections (a) and (b) of Section 201 of this Act |
3 | | for the taxable year of the partnership or Subchapter S |
4 | | corporation for which an election is in effect ending |
5 | | within or with the taxable year of the partner or |
6 | | shareholder in an amount equal to 4.95% times the partner |
7 | | or shareholder's distributive share of the net income of |
8 | | the electing partnership or Subchapter S corporation, but |
9 | | not to exceed the partner's or shareholder's share of the |
10 | | tax imposed under paragraph (1) which is actually paid by |
11 | | the partnership or Subchapter S corporation. If the |
12 | | taxpayer is a partnership or Subchapter S corporation that |
13 | | is itself a partner of a partnership making the election |
14 | | under paragraph (1), the credit under this paragraph shall |
15 | | be allowed to the taxpayer's partners or shareholders (or |
16 | | if the partner is a partnership or Subchapter S |
17 | | corporation then its partners or shareholders) in |
18 | | accordance with the determination of income and |
19 | | distributive share of income under Sections 702 and 704 |
20 | | and Subchapter S of the Internal Revenue Code. If the |
21 | | amount of the credit allowed under this paragraph exceeds |
22 | | the partner's or shareholder's liability for tax imposed |
23 | | under subsections (a) and (b) of Section 201 of this Act |
24 | | for the taxable year, such excess shall be treated as an |
25 | | overpayment for purposes of Section 909 of this Act. |
26 | | (5) Nonresidents. A nonresident individual who is a |
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1 | | partner or shareholder of a partnership or Subchapter S |
2 | | corporation for a taxable year for which an election is in |
3 | | effect under paragraph (1) shall not be required to file |
4 | | an income tax return under this Act for such taxable year |
5 | | if the only source of net income of the individual (or the |
6 | | individual and the individual's spouse in the case of a |
7 | | joint return) is from an entity making the election under |
8 | | paragraph (1) and the credit allowed to the partner or |
9 | | shareholder under paragraph (4) equals or exceeds the |
10 | | individual's liability for the tax imposed under |
11 | | subsections (a) and (b) of Section 201 of this Act for the |
12 | | taxable year. |
13 | | (6) Liability for tax. Except as provided in this |
14 | | paragraph, a partnership or Subchapter S making the |
15 | | election under paragraph (1) is liable for the |
16 | | entity-level tax imposed under paragraph (2). If the |
17 | | electing partnership or corporation fails to pay the full |
18 | | amount of tax deemed assessed under paragraph (2), the |
19 | | partners or shareholders shall be liable to pay the tax |
20 | | assessed (including penalties and interest). Each partner |
21 | | or shareholder shall be liable for the unpaid assessment |
22 | | based on the ratio of the partner's or shareholder's share |
23 | | of the net income of the partnership over the total net |
24 | | income of the partnership. If the partnership or |
25 | | Subchapter S corporation fails to pay the tax assessed |
26 | | (including penalties and interest) and thereafter an |
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1 | | amount of such tax is paid by the partners or |
2 | | shareholders, such amount shall not be collected from the |
3 | | partnership or corporation. |
4 | | (7) Foreign tax. For purposes of the credit allowed |
5 | | under Section 601(b)(3) of this Act, tax paid by a |
6 | | partnership or Subchapter S corporation to another state |
7 | | which, as determined by the Department, is substantially |
8 | | similar to the tax imposed under this subsection, shall be |
9 | | considered tax paid by the partner or shareholder to the |
10 | | extent that the partner's or shareholder's share of the |
11 | | income of the partnership or Subchapter S corporation |
12 | | allocated and apportioned to such other state bears to the |
13 | | total income of the partnership or Subchapter S |
14 | | corporation allocated or apportioned to such other state. |
15 | | (8) Suspension of withholding. The provisions of |
16 | | Section 709.5 of this Act shall not apply to a partnership |
17 | | or Subchapter S corporation for the taxable year for which |
18 | | an election under paragraph (1) is in effect. |
19 | | (9) Requirement to pay estimated tax. For each taxable |
20 | | year for which an election under paragraph (1) is in |
21 | | effect, a partnership or Subchapter S corporation is |
22 | | required to pay estimated tax for such taxable year under |
23 | | Sections 803 and 804 of this Act if the amount payable as |
24 | | estimated tax can reasonably be expected to exceed $500. |
25 | | (10) The provisions of this subsection shall apply |
26 | | only with respect to taxable years for which the |
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1 | | limitation on individual deductions applies under Section |
2 | | 164(b)(6) of the Internal Revenue Code. |
3 | | (Source: P.A. 101-9, eff. 6-5-19; 101-31, eff. 6-28-19; |
4 | | 101-207, eff. 8-2-19; 101-363, eff. 8-9-19; 102-558, eff. |
5 | | 8-20-21; 102-658, eff. 8-27-21.) |
6 | | Section 25. The Use Tax Act is amended by changing Section |
7 | | 3-10 as follows:
|
8 | | (35 ILCS 105/3-10)
|
9 | | Sec. 3-10. Rate of tax. Unless otherwise provided in this |
10 | | Section, the tax
imposed by this Act is at the rate of 6.25% of |
11 | | either the selling price or the
fair market value, if any, of |
12 | | the tangible personal property. In all cases
where property |
13 | | functionally used or consumed is the same as the property that
|
14 | | was purchased at retail, then the tax is imposed on the selling |
15 | | price of the
property. In all cases where property |
16 | | functionally used or consumed is a
by-product or waste product |
17 | | that has been refined, manufactured, or produced
from property |
18 | | purchased at retail, then the tax is imposed on the lower of |
19 | | the
fair market value, if any, of the specific property so used |
20 | | in this State or on
the selling price of the property purchased |
21 | | at retail. For purposes of this
Section "fair market value" |
22 | | means the price at which property would change
hands between a |
23 | | willing buyer and a willing seller, neither being under any
|
24 | | compulsion to buy or sell and both having reasonable knowledge |
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1 | | of the
relevant facts. The fair market value shall be |
2 | | established by Illinois sales by
the taxpayer of the same |
3 | | property as that functionally used or consumed, or if
there |
4 | | are no such sales by the taxpayer, then comparable sales or |
5 | | purchases of
property of like kind and character in Illinois.
|
6 | | Beginning on July 1, 2000 and through December 31, 2000, |
7 | | with respect to
motor fuel, as defined in Section 1.1 of the |
8 | | Motor Fuel Tax
Law, and gasohol, as defined in Section 3-40 of |
9 | | the Use Tax Act, the tax is
imposed at the rate of 1.25%.
|
10 | | Beginning on August 6, 2010 through August 15, 2010, and |
11 | | beginning again on August 5, 2022 through August 14, 2022, |
12 | | with respect to sales tax holiday items as defined in Section |
13 | | 3-6 of this Act, the
tax is imposed at the rate of 1.25%. |
14 | | With respect to gasohol, the tax imposed by this Act |
15 | | applies to (i) 70%
of the proceeds of sales made on or after |
16 | | January 1, 1990, and before
July 1, 2003, (ii) 80% of the |
17 | | proceeds of sales made
on or after July 1, 2003 and on or |
18 | | before July 1, 2017, and (iii) 100% of the proceeds of sales |
19 | | made
thereafter.
If, at any time, however, the tax under this |
20 | | Act on sales of gasohol is
imposed at the
rate of 1.25%, then |
21 | | the tax imposed by this Act applies to 100% of the proceeds
of |
22 | | sales of gasohol made during that time.
|
23 | | With respect to majority blended ethanol fuel, the tax |
24 | | imposed by this Act
does
not apply
to the proceeds of sales |
25 | | made on or after July 1, 2003 and on or before
December 31, |
26 | | 2023 but applies to 100% of the proceeds of sales made |
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1 | | thereafter.
|
2 | | With respect to biodiesel blends with no less than 1% and |
3 | | no more than 10%
biodiesel, the tax imposed by this Act applies |
4 | | to (i) 80% of the
proceeds of sales made on or after July 1, |
5 | | 2003 and on or before December 31, 2018
and (ii) 100% of the |
6 | | proceeds of sales made
after December 31, 2018 and before |
7 | | January 1, 2024. On and after January 1, 2024 and on or before |
8 | | December 31, 2030, the taxation of biodiesel, renewable |
9 | | diesel, and biodiesel blends shall be as provided in Section |
10 | | 3-5.1.
If, at any time, however, the tax under this Act on |
11 | | sales of biodiesel blends
with no less than 1% and no more than |
12 | | 10% biodiesel
is imposed at the rate of
1.25%, then the
tax |
13 | | imposed by this Act applies to 100% of the proceeds of sales of |
14 | | biodiesel
blends with no less than 1% and no more than 10% |
15 | | biodiesel
made
during that time.
|
16 | | With respect to biodiesel and biodiesel blends with more |
17 | | than 10%
but no more than 99% biodiesel, the tax imposed by |
18 | | this Act does not apply to
the
proceeds of sales made on or |
19 | | after July 1, 2003 and on or before
December 31, 2023. On and |
20 | | after January 1, 2024 and on or before December 31, 2030, the |
21 | | taxation of biodiesel, renewable diesel, and biodiesel blends |
22 | | shall be as provided in Section 3-5.1.
|
23 | | Until July 1, 2022 and beginning again on July 1, 2023, |
24 | | with respect to food for human consumption that is to be |
25 | | consumed off the
premises where it is sold (other than |
26 | | alcoholic beverages, food consisting of or infused with adult |
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1 | | use cannabis, soft drinks, and
food that has been prepared for |
2 | | immediate consumption), the tax is imposed at the rate of 1%. |
3 | | Beginning on July 1, 2022 and until July 1, 2023, with respect |
4 | | to food for human consumption that is to be consumed off the |
5 | | premises where it is sold (other than alcoholic beverages, |
6 | | food consisting of or infused with adult use cannabis, soft |
7 | | drinks, and food that has been prepared for immediate |
8 | | consumption), the tax is imposed at the rate of 0%. |
9 | | With respect to prescription and
nonprescription |
10 | | medicines, drugs, medical appliances, products classified as |
11 | | Class III medical devices by the United States Food and Drug |
12 | | Administration that are used for cancer treatment pursuant to |
13 | | a prescription, as well as any accessories and components |
14 | | related to those devices, modifications to a motor
vehicle for |
15 | | the purpose of rendering it usable by a person with a |
16 | | disability, and
insulin, blood sugar testing materials, |
17 | | syringes, and needles used by human diabetics, the tax is |
18 | | imposed at the rate of 1%. For the purposes of this
Section, |
19 | | until September 1, 2009: the term "soft drinks" means any |
20 | | complete, finished, ready-to-use,
non-alcoholic drink, whether |
21 | | carbonated or not, including , but not limited to ,
soda water, |
22 | | cola, fruit juice, vegetable juice, carbonated water, and all |
23 | | other
preparations commonly known as soft drinks of whatever |
24 | | kind or description that
are contained in any closed or sealed |
25 | | bottle, can, carton, or container,
regardless of size; but |
26 | | "soft drinks" does not include coffee, tea, non-carbonated
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1 | | water, infant formula, milk or milk products as defined in the |
2 | | Grade A
Pasteurized Milk and Milk Products Act, or drinks |
3 | | containing 50% or more
natural fruit or vegetable juice.
|
4 | | Notwithstanding any other provisions of this
Act, |
5 | | beginning September 1, 2009, "soft drinks" means non-alcoholic |
6 | | beverages that contain natural or artificial sweeteners. "Soft |
7 | | drinks" does do not include beverages that contain milk or |
8 | | milk products, soy, rice or similar milk substitutes, or |
9 | | greater than 50% of vegetable or fruit juice by volume. |
10 | | Until August 1, 2009, and notwithstanding any other |
11 | | provisions of this
Act, "food for human consumption that is to |
12 | | be consumed off the premises where
it is sold" includes all |
13 | | food sold through a vending machine, except soft
drinks and |
14 | | food products that are dispensed hot from a vending machine,
|
15 | | regardless of the location of the vending machine. Beginning |
16 | | August 1, 2009, and notwithstanding any other provisions of |
17 | | this Act, "food for human consumption that is to be consumed |
18 | | off the premises where it is sold" includes all food sold |
19 | | through a vending machine, except soft drinks, candy, and food |
20 | | products that are dispensed hot from a vending machine, |
21 | | regardless of the location of the vending machine.
|
22 | | Notwithstanding any other provisions of this
Act, |
23 | | beginning September 1, 2009, "food for human consumption that |
24 | | is to be consumed off the premises where
it is sold" does not |
25 | | include candy. For purposes of this Section, "candy" means a |
26 | | preparation of sugar, honey, or other natural or artificial |
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1 | | sweeteners in combination with chocolate, fruits, nuts or |
2 | | other ingredients or flavorings in the form of bars, drops, or |
3 | | pieces. "Candy" does not include any preparation that contains |
4 | | flour or requires refrigeration. |
5 | | Notwithstanding any other provisions of this
Act, |
6 | | beginning September 1, 2009, "nonprescription medicines and |
7 | | drugs" does not include grooming and hygiene products. For |
8 | | purposes of this Section, "grooming and hygiene products" |
9 | | includes, but is not limited to, soaps and cleaning solutions, |
10 | | shampoo, toothpaste, mouthwash, antiperspirants, and sun tan |
11 | | lotions and screens, unless those products are available by |
12 | | prescription only, regardless of whether the products meet the |
13 | | definition of "over-the-counter-drugs". For the purposes of |
14 | | this paragraph, "over-the-counter-drug" means a drug for human |
15 | | use that contains a label that identifies the product as a drug |
16 | | as required by 21 CFR C.F.R. § 201.66. The |
17 | | "over-the-counter-drug" label includes: |
18 | | (A) a A "Drug Facts" panel; or |
19 | | (B) a A statement of the "active ingredient(s)" with a |
20 | | list of those ingredients contained in the compound, |
21 | | substance or preparation. |
22 | | Beginning on January 1, 2014 ( the effective date of Public |
23 | | Act 98-122) this amendatory Act of the 98th General Assembly , |
24 | | "prescription and nonprescription medicines and drugs" |
25 | | includes medical cannabis purchased from a registered |
26 | | dispensing organization under Article 75 of the Cannabis |
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1 | | Regulation and Tax Act the Compassionate Use of Medical |
2 | | Cannabis Program Act . |
3 | | As used in this Section, "adult use cannabis" means |
4 | | cannabis subject to tax under the Cannabis Cultivation |
5 | | Privilege Tax Law and the Cannabis Purchaser Excise Tax Law |
6 | | and does not include cannabis subject to tax under Article 75 |
7 | | of the Cannabis Regulation and Tax Act the Compassionate Use |
8 | | of Medical Cannabis Program Act . |
9 | | If the property that is purchased at retail from a |
10 | | retailer is acquired
outside Illinois and used outside |
11 | | Illinois before being brought to Illinois
for use here and is |
12 | | taxable under this Act, the "selling price" on which
the tax is |
13 | | computed shall be reduced by an amount that represents a
|
14 | | reasonable allowance for depreciation for the period of prior |
15 | | out-of-state use.
|
16 | | (Source: P.A. 101-363, eff. 8-9-19; 101-593, eff. 12-4-19; |
17 | | 102-4, eff. 4-27-21; 102-700, Article 20, Section 20-5, eff. |
18 | | 4-19-22; 102-700, Article 60, Section 60-15, eff. 4-19-22; |
19 | | 102-700, Article 65, Section 65-5, eff. 4-19-22; revised |
20 | | 5-27-22.)
|
21 | | Section 30. The Service Use Tax Act is amended by changing |
22 | | Section 3-10 as follows:
|
23 | | (35 ILCS 110/3-10) (from Ch. 120, par. 439.33-10)
|
24 | | Sec. 3-10. Rate of tax. Unless otherwise provided in this |
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1 | | Section,
the tax imposed by this Act is at the rate of 6.25% of |
2 | | the selling
price of tangible personal property transferred as |
3 | | an incident to the sale
of service, but, for the purpose of |
4 | | computing this tax, in no event shall
the selling price be less |
5 | | than the cost price of the property to the
serviceman.
|
6 | | Beginning on July 1, 2000 and through December 31, 2000, |
7 | | with respect to
motor fuel, as defined in Section 1.1 of the |
8 | | Motor Fuel Tax
Law, and gasohol, as defined in Section 3-40 of |
9 | | the Use Tax Act, the tax is
imposed at
the rate of 1.25%.
|
10 | | With respect to gasohol, as defined in the Use Tax Act, the |
11 | | tax imposed
by this Act applies to (i) 70% of the selling price |
12 | | of property transferred
as an incident to the sale of service |
13 | | on or after January 1, 1990,
and before July 1, 2003, (ii) 80% |
14 | | of the selling price of
property transferred as an incident to |
15 | | the sale of service on or after July
1, 2003 and on or before |
16 | | July 1, 2017, and (iii)
100% of the selling price thereafter.
|
17 | | If, at any time, however, the tax under this Act on sales of |
18 | | gasohol, as
defined in
the Use Tax Act, is imposed at the rate |
19 | | of 1.25%, then the
tax imposed by this Act applies to 100% of |
20 | | the proceeds of sales of gasohol
made during that time.
|
21 | | With respect to majority blended ethanol fuel, as defined |
22 | | in the Use Tax Act,
the
tax
imposed by this Act does not apply |
23 | | to the selling price of property transferred
as an incident to |
24 | | the sale of service on or after July 1, 2003 and on or before
|
25 | | December 31, 2023 but applies to 100% of the selling price |
26 | | thereafter.
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1 | | With respect to biodiesel blends, as defined in the Use |
2 | | Tax Act, with no less
than 1% and no
more than 10% biodiesel, |
3 | | the tax imposed by this Act
applies to (i) 80% of the selling |
4 | | price of property transferred as an incident
to the sale of |
5 | | service on or after July 1, 2003 and on or before December 31, |
6 | | 2018
and (ii) 100% of the proceeds of the selling price
after |
7 | | December 31, 2018 and before January 1, 2024. On and after |
8 | | January 1, 2024 and on or before December 31, 2030, the |
9 | | taxation of biodiesel, renewable diesel, and biodiesel blends |
10 | | shall be as provided in Section 3-5.1 of the Use Tax Act.
If, |
11 | | at any time, however, the tax under this Act on sales of |
12 | | biodiesel blends,
as
defined in the Use Tax Act, with no less |
13 | | than 1% and no more than 10% biodiesel
is imposed at the rate |
14 | | of 1.25%, then the
tax imposed by this Act applies to 100% of |
15 | | the proceeds of sales of biodiesel
blends with no less than 1% |
16 | | and no more than 10% biodiesel
made
during that time.
|
17 | | With respect to biodiesel, as defined in the Use Tax Act, |
18 | | and biodiesel
blends, as defined in the Use Tax Act, with
more |
19 | | than 10% but no more than 99% biodiesel, the tax imposed by |
20 | | this Act
does not apply to the proceeds of the selling price of |
21 | | property transferred
as an incident to the sale of service on |
22 | | or after July 1, 2003 and on or before
December 31, 2023. On |
23 | | and after January 1, 2024 and on or before December 31, 2030, |
24 | | the taxation of biodiesel, renewable diesel, and biodiesel |
25 | | blends shall be as provided in Section 3-5.1 of the Use Tax |
26 | | Act.
|
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1 | | At the election of any registered serviceman made for each |
2 | | fiscal year,
sales of service in which the aggregate annual |
3 | | cost price of tangible
personal property transferred as an |
4 | | incident to the sales of service is
less than 35%, or 75% in |
5 | | the case of servicemen transferring prescription
drugs or |
6 | | servicemen engaged in graphic arts production, of the |
7 | | aggregate
annual total gross receipts from all sales of |
8 | | service, the tax imposed by
this Act shall be based on the |
9 | | serviceman's cost price of the tangible
personal property |
10 | | transferred as an incident to the sale of those services.
|
11 | | Until July 1, 2022 and beginning again on July 1, 2023, the |
12 | | tax shall be imposed at the rate of 1% on food prepared for
|
13 | | immediate consumption and transferred incident to a sale of |
14 | | service subject
to this Act or the Service Occupation Tax Act |
15 | | by an entity licensed under
the Hospital Licensing Act, the |
16 | | Nursing Home Care Act, the Assisted Living and Shared Housing |
17 | | Act, the ID/DD Community Care Act, the MC/DD Act, the |
18 | | Specialized Mental Health Rehabilitation Act of 2013, or the
|
19 | | Child Care
Act of 1969, or an entity that holds a permit issued |
20 | | pursuant to the Life Care Facilities Act. Until July 1, 2022 |
21 | | and beginning again on July 1, 2023, the tax shall
also be |
22 | | imposed at the rate of 1% on food for human consumption that is |
23 | | to be
consumed off the premises where it is sold (other than |
24 | | alcoholic beverages, food consisting of or infused with adult |
25 | | use cannabis,
soft drinks, and food that has been prepared for |
26 | | immediate consumption and is
not otherwise included in this |
|
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|
1 | | paragraph). |
2 | | Beginning on July 1, 2022 and until July 1, 2023, the tax |
3 | | shall be imposed at the rate of 0% on food prepared for |
4 | | immediate consumption and transferred incident to a sale of |
5 | | service subject to this Act or the Service Occupation Tax Act |
6 | | by an entity licensed under the Hospital Licensing Act, the |
7 | | Nursing Home Care Act, the Assisted Living and Shared Housing |
8 | | Act, the ID/DD Community Care Act, the MC/DD Act, the |
9 | | Specialized Mental Health Rehabilitation Act of 2013, or the |
10 | | Child Care Act of 1969, or an entity that holds a permit issued |
11 | | pursuant to the Life Care Facilities Act. Beginning on July 1, |
12 | | 2022 and until July 1, 2023, the tax shall also be imposed at |
13 | | the rate of 0% on food for human consumption that is to be |
14 | | consumed off the premises where it is sold (other than |
15 | | alcoholic beverages, food consisting of or infused with adult |
16 | | use cannabis, soft drinks, and food that has been prepared for |
17 | | immediate consumption and is not otherwise included in this |
18 | | paragraph). |
19 | | The tax shall also be imposed at the rate of 1% on |
20 | | prescription and nonprescription
medicines, drugs, medical |
21 | | appliances, products classified as Class III medical devices |
22 | | by the United States Food and Drug Administration that are |
23 | | used for cancer treatment pursuant to a prescription, as well |
24 | | as any accessories and components related to those devices, |
25 | | modifications to a motor vehicle for the
purpose of rendering |
26 | | it usable by a person with a disability, and insulin, blood |
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|
1 | | sugar testing
materials,
syringes, and needles used by human |
2 | | diabetics. For the purposes of this Section, until September |
3 | | 1, 2009: the term "soft drinks" means any
complete, finished, |
4 | | ready-to-use, non-alcoholic drink, whether carbonated or
not, |
5 | | including , but not limited to , soda water, cola, fruit juice, |
6 | | vegetable
juice, carbonated water, and all other preparations |
7 | | commonly known as soft
drinks of whatever kind or description |
8 | | that are contained in any closed or
sealed bottle, can, |
9 | | carton, or container, regardless of size; but "soft drinks"
|
10 | | does not include coffee, tea, non-carbonated water, infant |
11 | | formula, milk or
milk products as defined in the Grade A |
12 | | Pasteurized Milk and Milk Products Act,
or drinks containing |
13 | | 50% or more natural fruit or vegetable juice.
|
14 | | Notwithstanding any other provisions of this
Act, |
15 | | beginning September 1, 2009, "soft drinks" means non-alcoholic |
16 | | beverages that contain natural or artificial sweeteners. "Soft |
17 | | drinks" does do not include beverages that contain milk or |
18 | | milk products, soy, rice or similar milk substitutes, or |
19 | | greater than 50% of vegetable or fruit juice by volume. |
20 | | Until August 1, 2009, and notwithstanding any other |
21 | | provisions of this Act, "food for human
consumption that is to |
22 | | be consumed off the premises where it is sold" includes
all |
23 | | food sold through a vending machine, except soft drinks and |
24 | | food products
that are dispensed hot from a vending machine, |
25 | | regardless of the location of
the vending machine. Beginning |
26 | | August 1, 2009, and notwithstanding any other provisions of |
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1 | | this Act, "food for human consumption that is to be consumed |
2 | | off the premises where it is sold" includes all food sold |
3 | | through a vending machine, except soft drinks, candy, and food |
4 | | products that are dispensed hot from a vending machine, |
5 | | regardless of the location of the vending machine.
|
6 | | Notwithstanding any other provisions of this
Act, |
7 | | beginning September 1, 2009, "food for human consumption that |
8 | | is to be consumed off the premises where
it is sold" does not |
9 | | include candy. For purposes of this Section, "candy" means a |
10 | | preparation of sugar, honey, or other natural or artificial |
11 | | sweeteners in combination with chocolate, fruits, nuts or |
12 | | other ingredients or flavorings in the form of bars, drops, or |
13 | | pieces. "Candy" does not include any preparation that contains |
14 | | flour or requires refrigeration. |
15 | | Notwithstanding any other provisions of this
Act, |
16 | | beginning September 1, 2009, "nonprescription medicines and |
17 | | drugs" does not include grooming and hygiene products. For |
18 | | purposes of this Section, "grooming and hygiene products" |
19 | | includes, but is not limited to, soaps and cleaning solutions, |
20 | | shampoo, toothpaste, mouthwash, antiperspirants, and sun tan |
21 | | lotions and screens, unless those products are available by |
22 | | prescription only, regardless of whether the products meet the |
23 | | definition of "over-the-counter-drugs". For the purposes of |
24 | | this paragraph, "over-the-counter-drug" means a drug for human |
25 | | use that contains a label that identifies the product as a drug |
26 | | as required by 21 CFR C.F.R. § 201.66. The |
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1 | | "over-the-counter-drug" label includes: |
2 | | (A) a A "Drug Facts" panel; or |
3 | | (B) a A statement of the "active ingredient(s)" with a |
4 | | list of those ingredients contained in the compound, |
5 | | substance or preparation. |
6 | | Beginning on January 1, 2014 (the effective date of Public |
7 | | Act 98-122), "prescription and nonprescription medicines and |
8 | | drugs" includes medical cannabis purchased from a registered |
9 | | dispensing organization under Article 75 of the Cannabis |
10 | | Regulation and Tax Act the Compassionate Use of Medical |
11 | | Cannabis Program Act . |
12 | | As used in this Section, "adult use cannabis" means |
13 | | cannabis subject to tax under the Cannabis Cultivation |
14 | | Privilege Tax Law and the Cannabis Purchaser Excise Tax Law |
15 | | and does not include cannabis subject to tax under Article 75 |
16 | | of the Cannabis Regulation and Tax Act the Compassionate Use |
17 | | of Medical Cannabis Program Act . |
18 | | If the property that is acquired from a serviceman is |
19 | | acquired outside
Illinois and used outside Illinois before |
20 | | being brought to Illinois for use
here and is taxable under |
21 | | this Act, the "selling price" on which the tax
is computed |
22 | | shall be reduced by an amount that represents a reasonable
|
23 | | allowance for depreciation for the period of prior |
24 | | out-of-state use.
|
25 | | (Source: P.A. 101-363, eff. 8-9-19; 101-593, eff. 12-4-19; |
26 | | 102-4, eff. 4-27-21; 102-16, eff. 6-17-21; 102-700, Article |
|
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|
1 | | 20, Section 20-10, eff. 4-19-22; 102-700, Article 60, Section |
2 | | 60-20, eff. 4-19-22; revised 6-1-22.) |
3 | | Section 35. The Service Occupation Tax Act is amended by |
4 | | changing Section 3-10 as follows:
|
5 | | (35 ILCS 115/3-10) (from Ch. 120, par. 439.103-10)
|
6 | | Sec. 3-10. Rate of tax. Unless otherwise provided in this |
7 | | Section,
the tax imposed by this Act is at the rate of 6.25% of |
8 | | the "selling price",
as defined in Section 2 of the Service Use |
9 | | Tax Act, of the tangible
personal property. For the purpose of |
10 | | computing this tax, in no event
shall the "selling price" be |
11 | | less than the cost price to the serviceman of
the tangible |
12 | | personal property transferred. The selling price of each item
|
13 | | of tangible personal property transferred as an incident of a |
14 | | sale of
service may be shown as a distinct and separate item on |
15 | | the serviceman's
billing to the service customer. If the |
16 | | selling price is not so shown, the
selling price of the |
17 | | tangible personal property is deemed to be 50% of the
|
18 | | serviceman's entire billing to the service customer. When, |
19 | | however, a
serviceman contracts to design, develop, and |
20 | | produce special order machinery or
equipment, the tax imposed |
21 | | by this Act shall be based on the serviceman's
cost price of |
22 | | the tangible personal property transferred incident to the
|
23 | | completion of the contract.
|
24 | | Beginning on July 1, 2000 and through December 31, 2000, |
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|
1 | | with respect to
motor fuel, as defined in Section 1.1 of the |
2 | | Motor Fuel Tax
Law, and gasohol, as defined in Section 3-40 of |
3 | | the Use Tax Act, the tax is
imposed at
the rate of 1.25%.
|
4 | | With respect to gasohol, as defined in the Use Tax Act, the |
5 | | tax imposed
by this Act shall apply to (i) 70% of the cost |
6 | | price of property
transferred as
an incident to the sale of |
7 | | service on or after January 1, 1990, and before
July 1, 2003, |
8 | | (ii) 80% of the selling price of property transferred as an
|
9 | | incident to the sale of service on or after July
1, 2003 and on |
10 | | or before July 1, 2017, and (iii) 100%
of
the cost price
|
11 | | thereafter.
If, at any time, however, the tax under this Act on |
12 | | sales of gasohol, as
defined in
the Use Tax Act, is imposed at |
13 | | the rate of 1.25%, then the
tax imposed by this Act applies to |
14 | | 100% of the proceeds of sales of gasohol
made during that time.
|
15 | | With respect to majority blended ethanol fuel, as defined |
16 | | in the Use Tax Act,
the
tax
imposed by this Act does not apply |
17 | | to the selling price of property transferred
as an incident to |
18 | | the sale of service on or after July 1, 2003 and on or before
|
19 | | December 31, 2023 but applies to 100% of the selling price |
20 | | thereafter.
|
21 | | With respect to biodiesel blends, as defined in the Use |
22 | | Tax Act, with no less
than 1% and no
more than 10% biodiesel, |
23 | | the tax imposed by this Act
applies to (i) 80% of the selling |
24 | | price of property transferred as an incident
to the sale of |
25 | | service on or after July 1, 2003 and on or before December 31, |
26 | | 2018
and (ii) 100% of the proceeds of the selling price
after |
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1 | | December 31, 2018 and before January 1, 2024. On and after |
2 | | January 1, 2024 and on or before December 31, 2030, the |
3 | | taxation of biodiesel, renewable diesel, and biodiesel blends |
4 | | shall be as provided in Section 3-5.1 of the Use Tax Act.
If, |
5 | | at any time, however, the tax under this Act on sales of |
6 | | biodiesel blends,
as
defined in the Use Tax Act, with no less |
7 | | than 1% and no more than 10% biodiesel
is imposed at the rate |
8 | | of 1.25%, then the
tax imposed by this Act applies to 100% of |
9 | | the proceeds of sales of biodiesel
blends with no less than 1% |
10 | | and no more than 10% biodiesel
made
during that time.
|
11 | | With respect to biodiesel, as defined in the Use Tax Act, |
12 | | and biodiesel
blends, as defined in the Use Tax Act, with
more |
13 | | than 10% but no more than 99% biodiesel material, the tax |
14 | | imposed by this
Act
does not apply to the proceeds of the |
15 | | selling price of property transferred
as an incident to the |
16 | | sale of service on or after July 1, 2003 and on or before
|
17 | | December 31, 2023. On and after January 1, 2024 and on or |
18 | | before December 31, 2030, the taxation of biodiesel, renewable |
19 | | diesel, and biodiesel blends shall be as provided in Section |
20 | | 3-5.1 of the Use Tax Act.
|
21 | | At the election of any registered serviceman made for each |
22 | | fiscal year,
sales of service in which the aggregate annual |
23 | | cost price of tangible
personal property transferred as an |
24 | | incident to the sales of service is
less than 35%, or 75% in |
25 | | the case of servicemen transferring prescription
drugs or |
26 | | servicemen engaged in graphic arts production, of the |
|
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|
1 | | aggregate
annual total gross receipts from all sales of |
2 | | service, the tax imposed by
this Act shall be based on the |
3 | | serviceman's cost price of the tangible
personal property |
4 | | transferred incident to the sale of those services.
|
5 | | Until July 1, 2022 and beginning again on July 1, 2023, the |
6 | | tax shall be imposed at the rate of 1% on food prepared for
|
7 | | immediate consumption and transferred incident to a sale of |
8 | | service subject
to this Act or the Service Use Tax Act by an |
9 | | entity licensed under
the Hospital Licensing Act, the Nursing |
10 | | Home Care Act, the Assisted Living and Shared Housing Act, the |
11 | | ID/DD Community Care Act, the MC/DD Act, the Specialized |
12 | | Mental Health Rehabilitation Act of 2013, or the
Child Care |
13 | | Act of 1969, or an entity that holds a permit issued pursuant |
14 | | to the Life Care Facilities Act. Until July 1, 2022 and |
15 | | beginning again on July 1, 2023, the tax shall
also be imposed |
16 | | at the rate of 1% on food for human consumption that is
to be |
17 | | consumed off the
premises where it is sold (other than |
18 | | alcoholic beverages, food consisting of or infused with adult |
19 | | use cannabis, soft drinks, and
food that has been prepared for |
20 | | immediate consumption and is not
otherwise included in this |
21 | | paragraph). |
22 | | Beginning on July 1, 2022 and until July 1, 2023, the tax |
23 | | shall be imposed at the rate of 0% on food prepared for |
24 | | immediate consumption and transferred incident to a sale of |
25 | | service subject to this Act or the Service Use Tax Act by an |
26 | | entity licensed under the Hospital Licensing Act, the Nursing |
|
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1 | | Home Care Act, the Assisted Living and Shared Housing Act, the |
2 | | ID/DD Community Care Act, the MC/DD Act, the Specialized |
3 | | Mental Health Rehabilitation Act of 2013, or the Child Care |
4 | | Act of 1969, or an entity that holds a permit issued pursuant |
5 | | to the Life Care Facilities Act. Beginning July 1, 2022 and |
6 | | until July 1, 2023, the tax shall also be imposed at the rate |
7 | | of 0% on food for human consumption that is to be consumed off |
8 | | the premises where it is sold (other than alcoholic beverages, |
9 | | food consisting of or infused with adult use cannabis, soft |
10 | | drinks, and food that has been prepared for immediate |
11 | | consumption and is not otherwise included in this paragraph). |
12 | | The tax shall also be imposed at the rate of 1% on |
13 | | prescription and
nonprescription medicines, drugs, medical |
14 | | appliances, products classified as Class III medical devices |
15 | | by the United States Food and Drug Administration that are |
16 | | used for cancer treatment pursuant to a prescription, as well |
17 | | as any accessories and components related to those devices, |
18 | | modifications to a motor
vehicle for the purpose of rendering |
19 | | it usable by a person with a disability, and
insulin, blood |
20 | | sugar testing materials, syringes, and needles used by human |
21 | | diabetics. For the purposes of this Section, until September |
22 | | 1, 2009: the term "soft drinks" means any
complete, finished, |
23 | | ready-to-use, non-alcoholic drink, whether carbonated or
not, |
24 | | including , but not limited to , soda water, cola, fruit juice, |
25 | | vegetable
juice, carbonated water, and all other preparations |
26 | | commonly known as soft
drinks of whatever kind or description |
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|
1 | | that are contained in any closed or
sealed can, carton, or |
2 | | container, regardless of size; but "soft drinks" does not
|
3 | | include coffee, tea, non-carbonated water, infant formula, |
4 | | milk or milk
products as defined in the Grade A Pasteurized |
5 | | Milk and Milk Products Act, or
drinks containing 50% or more |
6 | | natural fruit or vegetable juice.
|
7 | | Notwithstanding any other provisions of this
Act, |
8 | | beginning September 1, 2009, "soft drinks" means non-alcoholic |
9 | | beverages that contain natural or artificial sweeteners. "Soft |
10 | | drinks" does do not include beverages that contain milk or |
11 | | milk products, soy, rice or similar milk substitutes, or |
12 | | greater than 50% of vegetable or fruit juice by volume. |
13 | | Until August 1, 2009, and notwithstanding any other |
14 | | provisions of this Act, "food for human consumption
that is to |
15 | | be consumed off the premises where it is sold" includes all |
16 | | food
sold through a vending machine, except soft drinks and |
17 | | food products that are
dispensed hot from a vending machine, |
18 | | regardless of the location of the vending
machine. Beginning |
19 | | August 1, 2009, and notwithstanding any other provisions of |
20 | | this Act, "food for human consumption that is to be consumed |
21 | | off the premises where it is sold" includes all food sold |
22 | | through a vending machine, except soft drinks, candy, and food |
23 | | products that are dispensed hot from a vending machine, |
24 | | regardless of the location of the vending machine.
|
25 | | Notwithstanding any other provisions of this
Act, |
26 | | beginning September 1, 2009, "food for human consumption that |
|
| | HB1436 | - 95 - | LRB103 04785 CPF 49795 b |
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|
1 | | is to be consumed off the premises where
it is sold" does not |
2 | | include candy. For purposes of this Section, "candy" means a |
3 | | preparation of sugar, honey, or other natural or artificial |
4 | | sweeteners in combination with chocolate, fruits, nuts or |
5 | | other ingredients or flavorings in the form of bars, drops, or |
6 | | pieces. "Candy" does not include any preparation that contains |
7 | | flour or requires refrigeration. |
8 | | Notwithstanding any other provisions of this
Act, |
9 | | beginning September 1, 2009, "nonprescription medicines and |
10 | | drugs" does not include grooming and hygiene products. For |
11 | | purposes of this Section, "grooming and hygiene products" |
12 | | includes, but is not limited to, soaps and cleaning solutions, |
13 | | shampoo, toothpaste, mouthwash, antiperspirants, and sun tan |
14 | | lotions and screens, unless those products are available by |
15 | | prescription only, regardless of whether the products meet the |
16 | | definition of "over-the-counter-drugs". For the purposes of |
17 | | this paragraph, "over-the-counter-drug" means a drug for human |
18 | | use that contains a label that identifies the product as a drug |
19 | | as required by 21 CFR C.F.R. § 201.66. The |
20 | | "over-the-counter-drug" label includes: |
21 | | (A) a A "Drug Facts" panel; or |
22 | | (B) a A statement of the "active ingredient(s)" with a |
23 | | list of those ingredients contained in the compound, |
24 | | substance or preparation. |
25 | | Beginning on January 1, 2014 (the effective date of Public |
26 | | Act 98-122), "prescription and nonprescription medicines and |
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|
1 | | drugs" includes medical cannabis purchased from a registered |
2 | | dispensing organization under Article 75 of the Cannabis |
3 | | Regulation and Tax Act the Compassionate Use of Medical |
4 | | Cannabis Program Act . |
5 | | As used in this Section, "adult use cannabis" means |
6 | | cannabis subject to tax under the Cannabis Cultivation |
7 | | Privilege Tax Law and the Cannabis Purchaser Excise Tax Law |
8 | | and does not include cannabis subject to tax under Article 75 |
9 | | of the Cannabis Regulation and Tax Act the Compassionate Use |
10 | | of Medical Cannabis Program Act . |
11 | | (Source: P.A. 101-363, eff. 8-9-19; 101-593, eff. 12-4-19; |
12 | | 102-4, eff. 4-27-21; 102-16, eff. 6-17-21; 102-700, Article |
13 | | 20, Section 20-15, eff. 4-19-22; 102-700, Article 60, Section |
14 | | 60-25, eff. 4-19-22; revised 6-1-22.) |
15 | | Section 40. The Retailers' Occupation Tax Act is amended |
16 | | by changing Section 2-10 as follows:
|
17 | | (35 ILCS 120/2-10)
|
18 | | Sec. 2-10. Rate of tax. Unless otherwise provided in this |
19 | | Section,
the tax imposed by this Act is at the rate of 6.25% of |
20 | | gross receipts
from sales of tangible personal property made |
21 | | in the course of business.
|
22 | | Beginning on July 1, 2000 and through December 31, 2000, |
23 | | with respect to
motor fuel, as defined in Section 1.1 of the |
24 | | Motor Fuel Tax
Law, and gasohol, as defined in Section 3-40 of |
|
| | HB1436 | - 97 - | LRB103 04785 CPF 49795 b |
|
|
1 | | the Use Tax Act, the tax is
imposed at the rate of 1.25%.
|
2 | | Beginning on August 6, 2010 through August 15, 2010, and |
3 | | beginning again on August 5, 2022 through August 14, 2022, |
4 | | with respect to sales tax holiday items as defined in Section |
5 | | 2-8 of this Act, the
tax is imposed at the rate of 1.25%. |
6 | | Within 14 days after July 1, 2000 ( the effective date of |
7 | | Public Act 91-872) this amendatory Act of the 91st
General |
8 | | Assembly , each retailer of motor fuel and gasohol shall cause |
9 | | the
following notice to be posted in a prominently visible |
10 | | place on each retail
dispensing device that is used to |
11 | | dispense motor
fuel or gasohol in the State of Illinois: "As of |
12 | | July 1, 2000, the State of
Illinois has eliminated the State's |
13 | | share of sales tax on motor fuel and
gasohol through December |
14 | | 31, 2000. The price on this pump should reflect the
|
15 | | elimination of the tax." The notice shall be printed in bold |
16 | | print on a sign
that is no smaller than 4 inches by 8 inches. |
17 | | The sign shall be clearly
visible to customers. Any retailer |
18 | | who fails to post or maintain a required
sign through December |
19 | | 31, 2000 is guilty of a petty offense for which the fine
shall |
20 | | be $500 per day per each retail premises where a violation |
21 | | occurs.
|
22 | | With respect to gasohol, as defined in the Use Tax Act, the |
23 | | tax imposed
by this Act applies to (i) 70% of the proceeds of |
24 | | sales made on or after
January 1, 1990, and before July 1, |
25 | | 2003, (ii) 80% of the proceeds of
sales made on or after July |
26 | | 1, 2003 and on or before July 1, 2017, and (iii) 100% of the |
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| | HB1436 | - 98 - | LRB103 04785 CPF 49795 b |
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|
1 | | proceeds of sales
made thereafter.
If, at any time, however, |
2 | | the tax under this Act on sales of gasohol, as
defined in
the |
3 | | Use Tax Act, is imposed at the rate of 1.25%, then the
tax |
4 | | imposed by this Act applies to 100% of the proceeds of sales of |
5 | | gasohol
made during that time.
|
6 | | With respect to majority blended ethanol fuel, as defined |
7 | | in the Use Tax Act,
the
tax
imposed by this Act does not apply |
8 | | to the proceeds of sales made on or after
July 1, 2003 and on |
9 | | or before December 31, 2023 but applies to 100% of the
proceeds |
10 | | of sales made thereafter.
|
11 | | With respect to biodiesel blends, as defined in the Use |
12 | | Tax Act, with no less
than 1% and no
more than 10% biodiesel, |
13 | | the tax imposed by this Act
applies to (i) 80% of the proceeds |
14 | | of sales made on or after July 1, 2003
and on or before |
15 | | December 31, 2018 and (ii) 100% of the
proceeds of sales made |
16 | | after December 31, 2018 and before January 1, 2024. On and |
17 | | after January 1, 2024 and on or before December 31, 2030, the |
18 | | taxation of biodiesel, renewable diesel, and biodiesel blends |
19 | | shall be as provided in Section 3-5.1 of the Use Tax Act.
If, |
20 | | at any time, however, the tax under this Act on sales of |
21 | | biodiesel blends,
as
defined in the Use Tax Act, with no less |
22 | | than 1% and no more than 10% biodiesel
is imposed at the rate |
23 | | of 1.25%, then the
tax imposed by this Act applies to 100% of |
24 | | the proceeds of sales of biodiesel
blends with no less than 1% |
25 | | and no more than 10% biodiesel
made
during that time.
|
26 | | With respect to biodiesel, as defined in the Use Tax Act, |
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1 | | and biodiesel
blends, as defined in the Use Tax Act, with
more |
2 | | than 10% but no more than 99% biodiesel, the tax imposed by |
3 | | this Act
does not apply to the proceeds of sales made on or |
4 | | after July 1, 2003
and on or before December 31, 2023. On and |
5 | | after January 1, 2024 and on or before December 31, 2030, the |
6 | | taxation of biodiesel, renewable diesel, and biodiesel blends |
7 | | shall be as provided in Section 3-5.1 of the Use Tax Act.
|
8 | | Until July 1, 2022 and beginning again on July 1, 2023, |
9 | | with respect to food for human consumption that is to be |
10 | | consumed off the
premises where it is sold (other than |
11 | | alcoholic beverages, food consisting of or infused with adult |
12 | | use cannabis, soft drinks, and
food that has been prepared for |
13 | | immediate consumption), the tax is imposed at the rate of 1%. |
14 | | Beginning July 1, 2022 and until July 1, 2023, with respect to |
15 | | food for human consumption that is to be consumed off the |
16 | | premises where it is sold (other than alcoholic beverages, |
17 | | food consisting of or infused with adult use cannabis, soft |
18 | | drinks, and food that has been prepared for immediate |
19 | | consumption), the tax is imposed at the rate of 0%. |
20 | | With respect to prescription and
nonprescription |
21 | | medicines, drugs, medical appliances, products classified as |
22 | | Class III medical devices by the United States Food and Drug |
23 | | Administration that are used for cancer treatment pursuant to |
24 | | a prescription, as well as any accessories and components |
25 | | related to those devices, modifications to a motor
vehicle for |
26 | | the purpose of rendering it usable by a person with a |
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1 | | disability, and
insulin, blood sugar testing materials, |
2 | | syringes, and needles used by human diabetics, the tax is |
3 | | imposed at the rate of 1%. For the purposes of this
Section, |
4 | | until September 1, 2009: the term "soft drinks" means any |
5 | | complete, finished, ready-to-use,
non-alcoholic drink, whether |
6 | | carbonated or not, including , but not limited to ,
soda water, |
7 | | cola, fruit juice, vegetable juice, carbonated water, and all |
8 | | other
preparations commonly known as soft drinks of whatever |
9 | | kind or description that
are contained in any closed or sealed |
10 | | bottle, can, carton, or container,
regardless of size; but |
11 | | "soft drinks" does not include coffee, tea, non-carbonated
|
12 | | water, infant formula, milk or milk products as defined in the |
13 | | Grade A
Pasteurized Milk and Milk Products Act, or drinks |
14 | | containing 50% or more
natural fruit or vegetable juice.
|
15 | | Notwithstanding any other provisions of this
Act, |
16 | | beginning September 1, 2009, "soft drinks" means non-alcoholic |
17 | | beverages that contain natural or artificial sweeteners. "Soft |
18 | | drinks" does do not include beverages that contain milk or |
19 | | milk products, soy, rice or similar milk substitutes, or |
20 | | greater than 50% of vegetable or fruit juice by volume. |
21 | | Until August 1, 2009, and notwithstanding any other |
22 | | provisions of this
Act, "food for human consumption that is to |
23 | | be consumed off the premises where
it is sold" includes all |
24 | | food sold through a vending machine, except soft
drinks and |
25 | | food products that are dispensed hot from a vending machine,
|
26 | | regardless of the location of the vending machine. Beginning |
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1 | | August 1, 2009, and notwithstanding any other provisions of |
2 | | this Act, "food for human consumption that is to be consumed |
3 | | off the premises where it is sold" includes all food sold |
4 | | through a vending machine, except soft drinks, candy, and food |
5 | | products that are dispensed hot from a vending machine, |
6 | | regardless of the location of the vending machine.
|
7 | | Notwithstanding any other provisions of this
Act, |
8 | | beginning September 1, 2009, "food for human consumption that |
9 | | is to be consumed off the premises where
it is sold" does not |
10 | | include candy. For purposes of this Section, "candy" means a |
11 | | preparation of sugar, honey, or other natural or artificial |
12 | | sweeteners in combination with chocolate, fruits, nuts or |
13 | | other ingredients or flavorings in the form of bars, drops, or |
14 | | pieces. "Candy" does not include any preparation that contains |
15 | | flour or requires refrigeration. |
16 | | Notwithstanding any other provisions of this
Act, |
17 | | beginning September 1, 2009, "nonprescription medicines and |
18 | | drugs" does not include grooming and hygiene products. For |
19 | | purposes of this Section, "grooming and hygiene products" |
20 | | includes, but is not limited to, soaps and cleaning solutions, |
21 | | shampoo, toothpaste, mouthwash, antiperspirants, and sun tan |
22 | | lotions and screens, unless those products are available by |
23 | | prescription only, regardless of whether the products meet the |
24 | | definition of "over-the-counter-drugs". For the purposes of |
25 | | this paragraph, "over-the-counter-drug" means a drug for human |
26 | | use that contains a label that identifies the product as a drug |
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1 | | as required by 21 CFR C.F.R. § 201.66. The |
2 | | "over-the-counter-drug" label includes: |
3 | | (A) a A "Drug Facts" panel; or |
4 | | (B) a A statement of the "active ingredient(s)" with a |
5 | | list of those ingredients contained in the compound, |
6 | | substance or preparation.
|
7 | | Beginning on January 1, 2014 ( the effective date of Public |
8 | | Act 98-122) this amendatory Act of the 98th General Assembly , |
9 | | "prescription and nonprescription medicines and drugs" |
10 | | includes medical cannabis purchased from a registered |
11 | | dispensing organization under Article 75 of the Cannabis |
12 | | Regulation and Tax Act the Compassionate Use of Medical |
13 | | Cannabis Program Act . |
14 | | As used in this Section, "adult use cannabis" means |
15 | | cannabis subject to tax under the Cannabis Cultivation |
16 | | Privilege Tax Law and the Cannabis Purchaser Excise Tax Law |
17 | | and does not include cannabis subject to tax under Article 75 |
18 | | of the Cannabis Regulation and Tax Act the Compassionate Use |
19 | | of Medical Cannabis Program Act . |
20 | | (Source: P.A. 101-363, eff. 8-9-19; 101-593, eff. 12-4-19; |
21 | | 102-4, eff. 4-27-21; 102-700, Article 20, Section 20-20, eff. |
22 | | 4-19-22; 102-700, Article 60, Section 60-30, eff. 4-19-22; |
23 | | 102-700, Article 65, Section 65-10, eff. 4-19-22; revised |
24 | | 6-1-22.)
|
25 | | Section 45. The Tobacco Products Tax Act of 1995 is |
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1 | | amended by changing Section 10-5 as follows:
|
2 | | (35 ILCS 143/10-5)
|
3 | | Sec. 10-5. Definitions. For purposes of this Act:
|
4 | | "Business" means any trade, occupation, activity, or |
5 | | enterprise engaged
in, at any location whatsoever, for the |
6 | | purpose of selling tobacco products.
|
7 | | "Cigarette" has the meaning ascribed to the term in |
8 | | Section 1 of the
Cigarette Tax Act.
|
9 | | "Contraband little cigar" means: |
10 | | (1) packages of little cigars containing 20 or 25 |
11 | | little cigars that do not bear a required tax stamp under |
12 | | this Act; |
13 | | (2) packages of little cigars containing 20 or 25 |
14 | | little cigars that bear a fraudulent, imitation, or |
15 | | counterfeit tax stamp; |
16 | | (3) packages of little cigars containing 20 or 25 |
17 | | little cigars that are improperly tax stamped, including |
18 | | packages of little cigars that bear only a tax stamp of |
19 | | another state or taxing jurisdiction; or |
20 | | (4) packages of little cigars containing other than 20 |
21 | | or 25 little cigars in the possession of a distributor, |
22 | | retailer or wholesaler, unless the distributor, retailer, |
23 | | or wholesaler possesses, or produces within the time frame |
24 | | provided in Section 10-27 or 10-28 of this Act, an invoice |
25 | | from a stamping distributor, distributor, or wholesaler |
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1 | | showing that the tax on the packages has been or will be |
2 | | paid. |
3 | | "Correctional Industries program" means a program run by a |
4 | | State penal
institution in which residents of the penal |
5 | | institution produce tobacco
products for sale to persons |
6 | | incarcerated in penal institutions or resident
patients of a |
7 | | State operated mental health facility.
|
8 | | "Department" means the Illinois Department of Revenue.
|
9 | | "Distributor" means any of the following:
|
10 | | (1) Any manufacturer or wholesaler in this State |
11 | | engaged in the business
of selling tobacco products who |
12 | | sells, exchanges, or distributes tobacco
products to |
13 | | retailers or consumers in this State.
|
14 | | (2) Any manufacturer or wholesaler engaged
in
the |
15 | | business of selling tobacco products from without this |
16 | | State who sells,
exchanges, distributes,
ships, or |
17 | | transports tobacco products to retailers or consumers |
18 | | located in
this State,
so long as that manufacturer or |
19 | | wholesaler has or maintains within this State,
directly or |
20 | | by subsidiary, an office, sales house, or other place of |
21 | | business,
or any agent or other representative operating |
22 | | within this State under the
authority of the person or |
23 | | subsidiary, irrespective of whether the place of
business |
24 | | or agent or other representative is located here |
25 | | permanently or
temporarily.
|
26 | | (3) Any retailer who receives tobacco products on |
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1 | | which the tax has not
been or
will not be paid by another |
2 | | distributor.
|
3 | | "Distributor" does not include any person, wherever |
4 | | resident or located, who
makes, manufactures, or fabricates |
5 | | tobacco products as part of a Correctional
Industries program |
6 | | for sale to residents incarcerated in penal institutions or
|
7 | | resident patients of a State operated mental health facility.
|
8 | | "Electronic cigarette" means: |
9 | | (1) any device that employs a battery or other |
10 | | mechanism to
heat a solution or substance to produce a |
11 | | vapor or aerosol
intended for inhalation, except for (A) |
12 | | any device designed solely for use with cannabis that |
13 | | contains a statement on the retail packaging that the |
14 | | device is designed solely for use with cannabis and not |
15 | | for use with tobacco or (B) any device that contains a |
16 | | solution or substance that contains cannabis subject to |
17 | | tax under the Compassionate Use of Medical Cannabis |
18 | | Program Act or the Cannabis Regulation and Tax Act; |
19 | | (2) any cartridge or container of a solution or |
20 | | substance
intended to be used with or in the device or to |
21 | | refill the
device, except for any cartridge or container |
22 | | of a solution or substance that contains cannabis subject |
23 | | to tax under the Compassionate Use of Medical Cannabis |
24 | | Program Act or the Cannabis Regulation and Tax Act; or |
25 | | (3) any solution or substance, whether or not it |
26 | | contains
nicotine, intended for use in the device, except |
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1 | | for any solution or substance that contains cannabis |
2 | | subject to tax under Article 75 of the Compassionate Use |
3 | | of Medical Cannabis Program Act or the Cannabis Regulation |
4 | | and Tax Act. |
5 | | The changes made to the definition of "electronic |
6 | | cigarette" by this amendatory Act of the 102nd General |
7 | | Assembly apply on and after June 28, 2019, but no claim for |
8 | | credit or refund is allowed on or after the effective date of |
9 | | this amendatory Act of the 102nd General Assembly for such |
10 | | taxes paid during the period beginning June 28, 2019 and the |
11 | | effective date of this amendatory Act of the 102nd General |
12 | | Assembly. |
13 | | "Electronic cigarette"
includes, but is not limited to, |
14 | | any electronic nicotine
delivery system, electronic cigar, |
15 | | electronic cigarillo,
electronic pipe, electronic hookah, vape |
16 | | pen, or similar product
or device, and any component or part |
17 | | that can be used to build
the product or device. "Electronic |
18 | | cigarette" does not include:
cigarettes, as defined in Section |
19 | | 1 of the Cigarette Tax Act; any
product approved by the United |
20 | | States Food and Drug
Administration for sale as a tobacco |
21 | | cessation product, a
tobacco dependence product, or for other |
22 | | medical purposes that
is marketed and sold solely for that |
23 | | approved purpose; any
asthma inhaler prescribed by a physician |
24 | | for that condition that is marketed and sold solely for that |
25 | | approved purpose; or
any therapeutic product approved for use |
26 | | under Article 75 of the Cannabis Regulation and Tax Act the |
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1 | | Compassionate Use of Medical Cannabis Program Act . |
2 | | "Little cigar" means and includes any roll, made wholly or |
3 | | in part of tobacco, where such roll has an integrated |
4 | | cellulose acetate filter and weighs less than 4 pounds per |
5 | | thousand and the wrapper or cover of which is made in whole or |
6 | | in part of tobacco. |
7 | | "Manufacturer" means any person, wherever resident or |
8 | | located, who
manufactures and sells tobacco products, except a |
9 | | person who makes,
manufactures, or fabricates tobacco products |
10 | | as a part of a Correctional
Industries program for sale to |
11 | | persons incarcerated in penal institutions or
resident |
12 | | patients of a State operated mental health facility.
|
13 | | Beginning on January 1, 2013, "moist snuff" means any |
14 | | finely cut, ground, or powdered tobacco that is not intended |
15 | | to be smoked, but shall not include any finely cut, ground, or |
16 | | powdered tobacco that is intended to be placed in the nasal |
17 | | cavity. |
18 | | "Person" means any natural individual, firm, partnership, |
19 | | association, joint
stock company, joint venture, limited |
20 | | liability company, or public or private
corporation, however |
21 | | formed, or a receiver, executor, administrator, trustee,
|
22 | | conservator, or other representative appointed by order of any |
23 | | court.
|
24 | | "Place of business" means and includes any place where |
25 | | tobacco products
are sold or where tobacco products are |
26 | | manufactured, stored, or kept for
the purpose of sale or |
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1 | | consumption, including any vessel, vehicle, airplane,
train, |
2 | | or vending machine.
|
3 | | "Retailer" means any person in this State engaged in the |
4 | | business of selling
tobacco products to consumers in this |
5 | | State, regardless of quantity or number
of sales.
|
6 | | "Sale" means any transfer, exchange, or barter in any |
7 | | manner or by any means
whatsoever for a consideration and |
8 | | includes all sales made by
persons.
|
9 | | "Stamp" or "stamps" mean the indicia required to be |
10 | | affixed on a package of little cigars that evidence payment of |
11 | | the tax on packages of little cigars containing 20 or 25 little |
12 | | cigars under Section 10-10 of this Act. These stamps shall be |
13 | | the same stamps used for cigarettes under the Cigarette Tax |
14 | | Act. |
15 | | "Stamping distributor" means a distributor licensed under |
16 | | this Act and also licensed as a distributor under the |
17 | | Cigarette Tax Act or Cigarette Use Tax Act. |
18 | | "Tobacco products" means any cigars, including little |
19 | | cigars; cheroots; stogies; periques; granulated,
plug cut, |
20 | | crimp cut, ready rubbed, and other smoking tobacco; snuff |
21 | | (including moist snuff) or snuff
flour; cavendish; plug and |
22 | | twist tobacco; fine-cut and other chewing tobaccos;
shorts; |
23 | | refuse scraps, clippings, cuttings, and sweeping of tobacco; |
24 | | and
other kinds and forms of tobacco, prepared in such manner |
25 | | as to be suitable for
chewing or smoking in a pipe or |
26 | | otherwise, or both for chewing and smoking; but
does not |
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1 | | include cigarettes as defined in Section 1 of the Cigarette |
2 | | Tax Act or tobacco purchased for the manufacture of
cigarettes |
3 | | by cigarette distributors and manufacturers defined in the
|
4 | | Cigarette Tax Act and persons who make, manufacture, or |
5 | | fabricate
cigarettes as a part of a Correctional Industries |
6 | | program for sale to
residents incarcerated in penal |
7 | | institutions or resident patients of a
State operated mental |
8 | | health facility.
|
9 | | Beginning on July 1, 2019, "tobacco products" also |
10 | | includes
electronic cigarettes. |
11 | | "Wholesale price" means the established list price for |
12 | | which a manufacturer
sells tobacco products to a distributor, |
13 | | before the allowance of any discount,
trade allowance, rebate, |
14 | | or other reduction.
In the absence of such an established list |
15 | | price, the manufacturer's invoice
price at which the |
16 | | manufacturer sells the tobacco product to unaffiliated
|
17 | | distributors, before any discounts, trade allowances, rebates, |
18 | | or other
reductions, shall be presumed to be the wholesale |
19 | | price.
|
20 | | "Wholesaler" means any person, wherever resident or |
21 | | located, engaged in the
business of selling tobacco products |
22 | | to others for the purpose of resale. "Wholesaler", when used |
23 | | in this Act, does not include a person licensed as a |
24 | | distributor under Section 10-20 of this Act unless expressly |
25 | | stated in this Act.
|
26 | | (Source: P.A. 101-31, eff. 6-28-19; 101-593, eff. 12-4-19; |
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1 | | 102-40, eff. 6-25-21.)
|
2 | | Section 50. The Counties Code is amended by changing |
3 | | Section 5-1006.8 as follows: |
4 | | (55 ILCS 5/5-1006.8) |
5 | | Sec. 5-1006.8. County Cannabis Retailers' Occupation Tax |
6 | | Law. |
7 | | (a) This Section may be referred to as the County Cannabis |
8 | | Retailers' Occupation Tax Law. The corporate authorities of |
9 | | any county may, by ordinance, impose a tax upon all persons |
10 | | engaged in the business of selling cannabis, other than |
11 | | cannabis purchased under Article 75 of the Cannabis Regulation |
12 | | and Tax Act the Compassionate Use of Medical Cannabis Program |
13 | | Act , at retail in the county on the gross receipts from these |
14 | | sales made in the course of that business. If imposed, the tax |
15 | | shall be imposed only in 0.25% increments. The tax rate may not |
16 | | exceed: (i) 3.75% of the gross receipts of sales made in |
17 | | unincorporated areas of the county; and (ii) 3% of the gross |
18 | | receipts of sales made in a municipality located in the |
19 | | county. The tax imposed under this Section and all civil |
20 | | penalties that may be assessed as an incident of the tax shall |
21 | | be collected and enforced by the Department of Revenue. The |
22 | | Department of Revenue shall have full power to administer and |
23 | | enforce this Section; to collect all taxes and penalties due |
24 | | hereunder; to dispose of taxes and penalties so collected in |
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1 | | the manner hereinafter provided; and to determine all rights |
2 | | to credit memoranda arising on account of the erroneous |
3 | | payment of tax or penalty under this Section. In the |
4 | | administration of and compliance with this Section, the |
5 | | Department of Revenue and persons who are subject to this |
6 | | Section shall have the same rights, remedies, privileges, |
7 | | immunities, powers and duties, and be subject to the same |
8 | | conditions, restrictions, limitations, penalties, and |
9 | | definitions of terms, and employ the same modes of procedure, |
10 | | as are described in Sections 1, 1a, 1d, 1e, 1f, 1i, 1j, 1k, 1m, |
11 | | 1n, 2 through 2-65 (in respect to all provisions therein other |
12 | | than the State rate of tax), 2a, 2b, 2c, 2i, 3 (except as to |
13 | | the disposition of taxes and penalties collected), 4, 5, 5a, |
14 | | 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6bb, 6c, 6d, |
15 | | 7, 8, 9, 10, 11, 11a, 12, and 13 of the Retailers' Occupation |
16 | | Tax Act and Section 3-7 of the Uniform Penalty and Interest Act |
17 | | as fully as if those provisions were set forth in this Section. |
18 | | (b) Persons subject to any tax imposed under the authority |
19 | | granted in this Section may reimburse themselves for their |
20 | | seller's tax liability hereunder by separately stating that |
21 | | tax as an additional charge, which charge may be stated in |
22 | | combination, in a single amount, with any State tax that |
23 | | sellers are required to collect. |
24 | | (c) Whenever the Department of Revenue determines that a |
25 | | refund should be made under this Section to a claimant instead |
26 | | of issuing a credit memorandum, the Department of Revenue |
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1 | | shall notify the State Comptroller, who shall cause the order |
2 | | to be drawn for the amount specified and to the person named in |
3 | | the notification from the Department of Revenue. |
4 | | (d) The Department of Revenue shall immediately pay over |
5 | | to the State Treasurer, ex officio, as trustee, all taxes and |
6 | | penalties collected hereunder for deposit into the Local |
7 | | Cannabis Retailers' Occupation Tax Trust Fund. |
8 | | (e) On or before the 25th day of each calendar month, the |
9 | | Department of Revenue shall prepare and certify to the |
10 | | Comptroller the amount of money to be disbursed from the Local |
11 | | Cannabis Retailers' Occupation Tax Trust Fund to counties from |
12 | | which retailers have paid taxes or penalties under this |
13 | | Section during the second preceding calendar month. The amount |
14 | | to be paid to each county shall be the amount (not including |
15 | | credit memoranda) collected under this Section from sales made |
16 | | in the county during the second preceding calendar month, plus |
17 | | an amount the Department of Revenue determines is necessary to |
18 | | offset any amounts that were erroneously paid to a different |
19 | | taxing body, and not including an amount equal to the amount of |
20 | | refunds made during the second preceding calendar month by the |
21 | | Department on behalf of such county, and not including any |
22 | | amount that the Department determines is necessary to offset |
23 | | any amounts that were payable to a different taxing body but |
24 | | were erroneously paid to the county, less 1.5% of the |
25 | | remainder, which the Department shall transfer into the Tax |
26 | | Compliance and Administration Fund. The Department, at the |
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1 | | time of each monthly disbursement to the counties, shall |
2 | | prepare and certify the State Comptroller the amount to be |
3 | | transferred into the Tax Compliance and Administration Fund |
4 | | under this Section. Within 10 days after receipt by the |
5 | | Comptroller of the disbursement certification to the counties |
6 | | and the Tax Compliance and Administration Fund provided for in |
7 | | this Section to be given to the Comptroller by the Department, |
8 | | the Comptroller shall cause the orders to be drawn for the |
9 | | respective amounts in accordance with the directions contained |
10 | | in the certification. |
11 | | (f) An ordinance or resolution imposing or discontinuing a |
12 | | tax under this Section or effecting a change in the rate |
13 | | thereof that is adopted on or after June 25, 2019 (the |
14 | | effective date of Public Act 101-27) and for which a certified |
15 | | copy is filed with the Department on or before April 1, 2020 |
16 | | shall be administered and enforced by the Department beginning |
17 | | on July 1, 2020. For ordinances filed with the Department |
18 | | after April 1, 2020, an ordinance or resolution imposing or |
19 | | discontinuing a tax under this Section or effecting a change |
20 | | in the rate thereof shall either (i) be adopted and a certified |
21 | | copy thereof filed with the Department on or before the first |
22 | | day of April, whereupon the Department shall proceed to |
23 | | administer and enforce this Section as of the first day of July |
24 | | next following the adoption and filing; or (ii) be adopted and |
25 | | a certified copy thereof filed with the Department on or |
26 | | before the first day of October, whereupon the Department |
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1 | | shall proceed to administer and enforce this Section as of the |
2 | | first day of January next following the adoption and filing.
|
3 | | (g) Notwithstanding any provision in this Section to the |
4 | | contrary, if an ordinance or resolution imposing a tax under |
5 | | this Section was adopted on or before October 1, 2020 and a |
6 | | certified copy thereof was filed with the Department of |
7 | | Revenue on or before November 1, 2020, then the Department |
8 | | shall proceed to administer and enforce this Section as of May |
9 | | 1, 2021 for such ordinances or resolutions. |
10 | | (Source: P.A. 101-27, eff. 6-25-19; 101-363, eff. 8-9-19; |
11 | | 101-593, eff. 12-4-19; 102-2, eff. 4-2-21.) |
12 | | Section 55. The Illinois Municipal Code is amended by |
13 | | changing Section 8-11-23 as follows: |
14 | | (65 ILCS 5/8-11-23) |
15 | | Sec. 8-11-23. Municipal Cannabis Retailers' Occupation Tax |
16 | | Law. |
17 | | (a) This Section may be referred to as the Municipal |
18 | | Cannabis Retailers' Occupation Tax Law. The corporate |
19 | | authorities of any municipality may, by ordinance, impose a |
20 | | tax upon all persons engaged in the business of selling |
21 | | cannabis, other than cannabis purchased under Article 75 of |
22 | | the Cannabis Regulation and Tax Act the Compassionate Use of |
23 | | Medical Cannabis Program Act , at retail in the municipality on |
24 | | the gross receipts from these sales made in the course of that |
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1 | | business. If imposed, the tax may not exceed 3% of the gross |
2 | | receipts from these sales and shall only be imposed in 1/4% |
3 | | increments. The tax imposed under this Section and all civil |
4 | | penalties that may be assessed as an incident of the tax shall |
5 | | be collected and enforced by the Department of Revenue. The |
6 | | Department of Revenue shall have full power to administer and |
7 | | enforce this Section; to collect all taxes and penalties due |
8 | | hereunder; to dispose of taxes and penalties so collected in |
9 | | the manner hereinafter provided; and to determine all rights |
10 | | to credit memoranda arising on account of the erroneous |
11 | | payment of tax or penalty under this Section. In the |
12 | | administration of and compliance with this Section, the |
13 | | Department and persons who are subject to this Section shall |
14 | | have the same rights, remedies, privileges, immunities, powers |
15 | | and duties, and be subject to the same conditions, |
16 | | restrictions, limitations, penalties and definitions of terms, |
17 | | and employ the same modes of procedure, as are prescribed in |
18 | | Sections 1, 1a, 1d, 1e, 1f, 1i, 1j, 1k, 1m, 1n, 2 through 2-65 |
19 | | (in respect to all provisions therein other than the State |
20 | | rate of tax), 2a, 2b, 2c, 2i, 3 (except as to the disposition |
21 | | of taxes and penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e, |
22 | | 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, |
23 | | 11a, 12, and 13 of the Retailers' Occupation Tax Act and |
24 | | Section 3-7 of the Uniform Penalty and Interest Act, as fully |
25 | | as if those provisions were set forth herein. |
26 | | (b) Persons subject to any tax imposed under the authority |
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1 | | granted in this Section may reimburse themselves for their |
2 | | seller's tax liability hereunder by separately stating that |
3 | | tax as an additional charge, which charge may be stated in |
4 | | combination, in a single amount, with any State tax that |
5 | | sellers are required to collect. |
6 | | (c) Whenever the Department of Revenue determines that a |
7 | | refund should be made under this Section to a claimant instead |
8 | | of issuing a credit memorandum, the Department of Revenue |
9 | | shall notify the State Comptroller, who shall cause the order |
10 | | to be drawn for the amount specified and to the person named in |
11 | | the notification from the Department of Revenue. |
12 | | (d) The Department of Revenue shall immediately pay over |
13 | | to the State Treasurer, ex officio, as trustee, all taxes and |
14 | | penalties collected hereunder for deposit into the Local |
15 | | Cannabis Retailers' Occupation Tax Trust Fund. |
16 | | (e) On or before the 25th day of each calendar month, the |
17 | | Department of Revenue shall prepare and certify to the |
18 | | Comptroller the amount of money to be disbursed from the Local |
19 | | Cannabis Retailers' Occupation Tax Trust Fund to |
20 | | municipalities from which retailers have paid taxes or |
21 | | penalties under this Section during the second preceding |
22 | | calendar month. The amount to be paid to each municipality |
23 | | shall be the amount (not including credit memoranda) collected |
24 | | under this Section from sales made in the municipality during |
25 | | the second preceding calendar month, plus an amount the |
26 | | Department of Revenue determines is necessary to offset any |
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1 | | amounts that were erroneously paid to a different taxing body, |
2 | | and not including an amount equal to the amount of refunds made |
3 | | during the second preceding calendar month by the Department |
4 | | on behalf of such municipality, and not including any amount |
5 | | that the Department determines is necessary to offset any |
6 | | amounts that were payable to a different taxing body but were |
7 | | erroneously paid to the municipality, less 1.5% of the |
8 | | remainder, which the Department shall transfer into the Tax |
9 | | Compliance and Administration Fund. The Department, at the |
10 | | time of each monthly disbursement to the municipalities, shall |
11 | | prepare and certify to the State Comptroller the amount to be |
12 | | transferred into the Tax Compliance and Administration Fund |
13 | | under this Section. Within 10 days after receipt by the |
14 | | Comptroller of the disbursement certification to the |
15 | | municipalities and the Tax Compliance and Administration Fund |
16 | | provided for in this Section to be given to the Comptroller by |
17 | | the Department, the Comptroller shall cause the orders to be |
18 | | drawn for the respective amounts in accordance with the |
19 | | directions contained in the certification. |
20 | | (f) An ordinance or resolution imposing or discontinuing a |
21 | | tax under this Section or effecting a change in the rate |
22 | | thereof that is adopted on or after June 25, 2019 (the |
23 | | effective date of Public Act 101-27) and for which a certified |
24 | | copy is filed with the Department on or before April 1, 2020 |
25 | | shall be administered and enforced by the Department beginning |
26 | | on July 1, 2020. For ordinances filed with the Department |
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1 | | after April 1, 2020, an ordinance or resolution imposing or |
2 | | discontinuing a tax under this Section or effecting a change |
3 | | in the rate thereof shall either (i) be adopted and a certified |
4 | | copy thereof filed with the Department on or before the first |
5 | | day of April, whereupon the Department shall proceed to |
6 | | administer and enforce this Section as of the first day of July |
7 | | next following the adoption and filing; or (ii) be adopted and |
8 | | a certified copy thereof filed with the Department on or |
9 | | before the first day of October, whereupon the Department |
10 | | shall proceed to administer and enforce this Section as of the |
11 | | first day of January next following the adoption and filing.
|
12 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) |
13 | | Section 60. The School Code is amended by changing Section |
14 | | 22-33 as follows: |
15 | | (105 ILCS 5/22-33) |
16 | | Sec. 22-33. Medical cannabis. |
17 | | (a) This Section may be referred to as Ashley's Law. |
18 | | (a-5) In this Section: |
19 | | "Designated caregiver", "medical cannabis infused |
20 | | product", "qualifying patient", and "registered" have the |
21 | | meanings given to those terms under Section 75-10 of the |
22 | | Cannabis Regulation and Tax Act 10 of the Compassionate Use of |
23 | | Medical Cannabis Program Act . |
24 | | "Self-administration" means a student's discretionary use |
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1 | | of his or her medical cannabis infused product. |
2 | | (b) Subject to the restrictions under subsections (c) |
3 | | through (g) of this Section, a school district, public school, |
4 | | charter school, or nonpublic school shall authorize a parent |
5 | | or guardian or any other individual registered with the |
6 | | Department of Public Health as a designated caregiver of a |
7 | | student who is a registered qualifying patient to administer a |
8 | | medical cannabis infused product to the student on the |
9 | | premises of the child's school or on the child's school bus if |
10 | | both the student (as a registered qualifying patient) and the |
11 | | parent or guardian or other individual (as a registered |
12 | | designated caregiver) have been issued registry identification |
13 | | cards under Article 75 of the Cannabis Regulation and Tax Act |
14 | | the Compassionate Use of Medical Cannabis Program Act . After |
15 | | administering the product, the parent or guardian or other |
16 | | individual shall remove the product from the school premises |
17 | | or the school bus. |
18 | | (b-5) Notwithstanding subsection (b) and subject to the |
19 | | restrictions under subsections (c) through (g), a school |
20 | | district, public school, charter school, or nonpublic school |
21 | | must allow a school nurse or school administrator to |
22 | | administer a medical cannabis infused product to a student who |
23 | | is a registered qualifying patient (i) while on school |
24 | | premises, (ii) while at a school-sponsored activity, or (iii) |
25 | | before or after normal school activities, including while the |
26 | | student is in before-school or after-school care on |
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1 | | school-operated property or while the student is being |
2 | | transported on a school bus. A school district, public school, |
3 | | charter school, or nonpublic school may authorize the |
4 | | self-administration of a medical cannabis infused product by a |
5 | | student who is a registered qualifying patient if the |
6 | | self-administration takes place under the direct supervision |
7 | | of a school nurse or school administrator. |
8 | | Before allowing the administration of a medical cannabis |
9 | | infused product by a school nurse or school administrator or a |
10 | | student's self-administration of a medical cannabis infused |
11 | | product under the supervision of a school nurse or school |
12 | | administrator under this subsection, the parent or guardian of |
13 | | a student who is the registered qualifying patient must |
14 | | provide written authorization for its use, along with a copy |
15 | | of the registry identification card of the student (as a |
16 | | registered qualifying patient) and the parent or guardian (as |
17 | | a registered designated caregiver). The written authorization |
18 | | must specify the times at which or the special circumstances |
19 | | under which the medical cannabis infused product must be |
20 | | administered. The written authorization and a copy of the |
21 | | registry identification cards must be kept on file in the |
22 | | office of the school nurse. The authorization for a student to |
23 | | self-administer medical cannabis infused products is effective |
24 | | for the school year in which it is granted and must be renewed |
25 | | each subsequent school year upon fulfillment of the |
26 | | requirements of this Section. |
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1 | | (b-10) Medical cannabis infused products that are to be |
2 | | administered under subsection (b-5) must be stored with the |
3 | | school nurse at all times in a manner consistent with storage |
4 | | of other student medication at the school and may be |
5 | | accessible only by the school nurse or a school administrator. |
6 | | (c) A parent or guardian or other individual may not |
7 | | administer a medical cannabis infused product under this |
8 | | Section in a manner that, in the opinion of the school district |
9 | | or school, would create a disruption to the school's |
10 | | educational environment or would cause exposure of the product |
11 | | to other students. |
12 | | (d) A school district or school may not discipline a |
13 | | student who is administered a medical cannabis infused product |
14 | | by a parent or guardian or other individual under this Section |
15 | | or who self-administers a medical cannabis infused product |
16 | | under the supervision of a school nurse or school |
17 | | administrator under this Section and may not deny the |
18 | | student's eligibility to attend school solely because the |
19 | | student requires the administration of the product. |
20 | | (e) Nothing in this Section requires a member of a |
21 | | school's staff to administer a medical cannabis infused |
22 | | product to a student. |
23 | | (f) A school district, public school, charter school, or |
24 | | nonpublic school may not authorize the use of a medical |
25 | | cannabis infused product under this Section if the school |
26 | | district or school would lose federal funding as a result of |
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1 | | the authorization. |
2 | | (f-5) The State Board of Education, in consultation with |
3 | | the Department of Public Health, must develop a training |
4 | | curriculum for school nurses and school administrators on the |
5 | | administration of medical cannabis infused products. Prior to |
6 | | the administration of a medical cannabis infused product under |
7 | | subsection (b-5), a school nurse or school administrator must |
8 | | annually complete the training curriculum developed under this |
9 | | subsection and must submit to the school's administration |
10 | | proof of its completion. A school district, public school, |
11 | | charter school, or nonpublic school must maintain records |
12 | | related to the training curriculum and of the school nurses or |
13 | | school administrators who have completed the training. |
14 | | (g) A school district, public school, charter school, or |
15 | | nonpublic school shall adopt a policy to implement
this |
16 | | Section.
|
17 | | (Source: P.A. 101-363, eff. 8-9-19; 101-370, eff. 1-1-20; |
18 | | 102-558, eff. 8-20-21.) |
19 | | Section 65. The Medical Practice Act of 1987 is amended by |
20 | | changing Section 22 as follows:
|
21 | | (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
|
22 | | (Section scheduled to be repealed on January 1, 2027)
|
23 | | Sec. 22. Disciplinary action.
|
24 | | (A) The Department may revoke, suspend, place on |
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1 | | probation, reprimand, refuse to issue or renew, or take any |
2 | | other disciplinary or non-disciplinary action as the |
3 | | Department may deem proper
with regard to the license or |
4 | | permit of any person issued
under this Act, including imposing |
5 | | fines not to exceed $10,000 for each violation, upon any of the |
6 | | following grounds:
|
7 | | (1) (Blank).
|
8 | | (2) (Blank).
|
9 | | (3) A plea of guilty or nolo contendere, finding of |
10 | | guilt, jury verdict, or entry of judgment or sentencing, |
11 | | including, but not limited to, convictions, preceding |
12 | | sentences of supervision, conditional discharge, or first |
13 | | offender probation, under the laws of any jurisdiction of |
14 | | the United States of any crime that is a felony.
|
15 | | (4) Gross negligence in practice under this Act.
|
16 | | (5) Engaging in dishonorable, unethical, or |
17 | | unprofessional
conduct of a
character likely to deceive, |
18 | | defraud or harm the public.
|
19 | | (6) Obtaining any fee by fraud, deceit, or
|
20 | | misrepresentation.
|
21 | | (7) Habitual or excessive use or abuse of drugs |
22 | | defined in law
as
controlled substances, of alcohol, or of |
23 | | any other substances which results in
the inability to |
24 | | practice with reasonable judgment, skill, or safety.
|
25 | | (8) Practicing under a false or, except as provided by |
26 | | law, an
assumed
name.
|
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1 | | (9) Fraud or misrepresentation in applying for, or |
2 | | procuring, a
license
under this Act or in connection with |
3 | | applying for renewal of a license under
this Act.
|
4 | | (10) Making a false or misleading statement regarding |
5 | | their
skill or the
efficacy or value of the medicine, |
6 | | treatment, or remedy prescribed by them at
their direction |
7 | | in the treatment of any disease or other condition of the |
8 | | body
or mind.
|
9 | | (11) Allowing another person or organization to use |
10 | | their
license, procured
under this Act, to practice.
|
11 | | (12) Adverse action taken by another state or |
12 | | jurisdiction
against a license
or other authorization to |
13 | | practice as a medical doctor, doctor of osteopathy,
doctor |
14 | | of osteopathic medicine or
doctor of chiropractic, a |
15 | | certified copy of the record of the action taken by
the |
16 | | other state or jurisdiction being prima facie evidence |
17 | | thereof. This includes any adverse action taken by a State |
18 | | or federal agency that prohibits a medical doctor, doctor |
19 | | of osteopathy, doctor of osteopathic medicine, or doctor |
20 | | of chiropractic from providing services to the agency's |
21 | | participants.
|
22 | | (13) Violation of any provision of this Act or of the |
23 | | Medical
Practice Act
prior to the repeal of that Act, or |
24 | | violation of the rules, or a final
administrative action |
25 | | of the Secretary, after consideration of the
|
26 | | recommendation of the Medical Board.
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1 | | (14) Violation of the prohibition against fee |
2 | | splitting in Section 22.2 of this Act.
|
3 | | (15) A finding by the Medical Board that the
|
4 | | registrant after
having his or her license placed on |
5 | | probationary status or subjected to
conditions or |
6 | | restrictions violated the terms of the probation or failed |
7 | | to
comply with such terms or conditions.
|
8 | | (16) Abandonment of a patient.
|
9 | | (17) Prescribing, selling, administering, |
10 | | distributing, giving,
or
self-administering any drug |
11 | | classified as a controlled substance (designated
product) |
12 | | or narcotic for other than medically accepted therapeutic
|
13 | | purposes.
|
14 | | (18) Promotion of the sale of drugs, devices, |
15 | | appliances, or
goods provided
for a patient in such manner |
16 | | as to exploit the patient for financial gain of
the |
17 | | physician.
|
18 | | (19) Offering, undertaking, or agreeing to cure or |
19 | | treat
disease by a secret
method, procedure, treatment, or |
20 | | medicine, or the treating, operating, or
prescribing for |
21 | | any human condition by a method, means, or procedure which |
22 | | the
licensee refuses to divulge upon demand of the |
23 | | Department.
|
24 | | (20) Immoral conduct in the commission of any act |
25 | | including,
but not limited to, commission of an act of |
26 | | sexual misconduct related to the
licensee's
practice.
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1 | | (21) Willfully making or filing false records or |
2 | | reports in his
or her
practice as a physician, including, |
3 | | but not limited to, false records to
support claims |
4 | | against the medical assistance program of the Department |
5 | | of Healthcare and Family Services (formerly Department of
|
6 | | Public Aid)
under the Illinois Public Aid Code.
|
7 | | (22) Willful omission to file or record, or willfully |
8 | | impeding
the filing or
recording, or inducing another |
9 | | person to omit to file or record, medical
reports as |
10 | | required by law, or willfully failing to report an |
11 | | instance of
suspected abuse or neglect as required by law.
|
12 | | (23) Being named as a perpetrator in an indicated |
13 | | report by
the Department
of Children and Family Services |
14 | | under the Abused and Neglected Child Reporting
Act, and |
15 | | upon proof by clear and convincing evidence that the |
16 | | licensee has
caused a child to be an abused child or |
17 | | neglected child as defined in the
Abused and Neglected |
18 | | Child Reporting Act.
|
19 | | (24) Solicitation of professional patronage by any
|
20 | | corporation, agents or
persons, or profiting from those |
21 | | representing themselves to be agents of the
licensee.
|
22 | | (25) Gross and willful and continued overcharging for
|
23 | | professional services,
including filing false statements |
24 | | for collection of fees for which services are
not |
25 | | rendered, including, but not limited to, filing such false |
26 | | statements for
collection of monies for services not |
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1 | | rendered from the medical assistance
program of the |
2 | | Department of Healthcare and Family Services (formerly |
3 | | Department of Public Aid)
under the Illinois Public Aid
|
4 | | Code.
|
5 | | (26) A pattern of practice or other behavior which
|
6 | | demonstrates
incapacity
or incompetence to practice under |
7 | | this Act.
|
8 | | (27) Mental illness or disability which results in the
|
9 | | inability to
practice under this Act with reasonable |
10 | | judgment, skill, or safety.
|
11 | | (28) Physical illness, including, but not limited to,
|
12 | | deterioration through
the aging process, or loss of motor |
13 | | skill which results in a physician's
inability to practice |
14 | | under this Act with reasonable judgment, skill, or
safety.
|
15 | | (29) Cheating on or attempting to subvert the |
16 | | licensing
examinations
administered under this Act.
|
17 | | (30) Willfully or negligently violating the |
18 | | confidentiality
between
physician and patient except as |
19 | | required by law.
|
20 | | (31) The use of any false, fraudulent, or deceptive |
21 | | statement
in any
document connected with practice under |
22 | | this Act.
|
23 | | (32) Aiding and abetting an individual not licensed |
24 | | under this
Act in the
practice of a profession licensed |
25 | | under this Act.
|
26 | | (33) Violating state or federal laws or regulations |
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1 | | relating
to controlled
substances, legend
drugs, or |
2 | | ephedra as defined in the Ephedra Prohibition Act.
|
3 | | (34) Failure to report to the Department any adverse |
4 | | final
action taken
against them by another licensing |
5 | | jurisdiction (any other state or any
territory of the |
6 | | United States or any foreign state or country), by any |
7 | | peer
review body, by any health care institution, by any |
8 | | professional society or
association related to practice |
9 | | under this Act, by any governmental agency, by
any law |
10 | | enforcement agency, or by any court for acts or conduct |
11 | | similar to acts
or conduct which would constitute grounds |
12 | | for action as defined in this
Section.
|
13 | | (35) Failure to report to the Department surrender of |
14 | | a
license or
authorization to practice as a medical |
15 | | doctor, a doctor of osteopathy, a
doctor of osteopathic |
16 | | medicine, or doctor
of chiropractic in another state or |
17 | | jurisdiction, or surrender of membership on
any medical |
18 | | staff or in any medical or professional association or |
19 | | society,
while under disciplinary investigation by any of |
20 | | those authorities or bodies,
for acts or conduct similar |
21 | | to acts or conduct which would constitute grounds
for |
22 | | action as defined in this Section.
|
23 | | (36) Failure to report to the Department any adverse |
24 | | judgment,
settlement,
or award arising from a liability |
25 | | claim related to acts or conduct similar to
acts or |
26 | | conduct which would constitute grounds for action as |
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1 | | defined in this
Section.
|
2 | | (37) Failure to provide copies of medical records as |
3 | | required
by law.
|
4 | | (38) Failure to furnish the Department, its |
5 | | investigators or
representatives, relevant information, |
6 | | legally requested by the Department
after consultation |
7 | | with the Chief Medical Coordinator or the Deputy Medical
|
8 | | Coordinator.
|
9 | | (39) Violating the Health Care Worker Self-Referral
|
10 | | Act.
|
11 | | (40) Willful failure to provide notice when notice is |
12 | | required
under the
Parental Notice of Abortion Act of |
13 | | 1995.
|
14 | | (41) Failure to establish and maintain records of |
15 | | patient care and
treatment as required by this law.
|
16 | | (42) Entering into an excessive number of written |
17 | | collaborative
agreements with licensed advanced practice |
18 | | registered nurses resulting in an inability to
adequately |
19 | | collaborate.
|
20 | | (43) Repeated failure to adequately collaborate with a |
21 | | licensed advanced practice registered nurse. |
22 | | (44) Violating Article 75 of the Cannabis Regulation |
23 | | and Tax Act the Compassionate Use of Medical Cannabis |
24 | | Program Act .
|
25 | | (45) Entering into an excessive number of written |
26 | | collaborative agreements with licensed prescribing |
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1 | | psychologists resulting in an inability to adequately |
2 | | collaborate. |
3 | | (46) Repeated failure to adequately collaborate with a |
4 | | licensed prescribing psychologist. |
5 | | (47) Willfully failing to report an instance of |
6 | | suspected abuse, neglect, financial exploitation, or |
7 | | self-neglect of an eligible adult as defined in and |
8 | | required by the Adult Protective Services Act. |
9 | | (48) Being named as an abuser in a verified report by |
10 | | the Department on Aging under the Adult Protective |
11 | | Services Act, and upon proof by clear and convincing |
12 | | evidence that the licensee abused, neglected, or |
13 | | financially exploited an eligible adult as defined in the |
14 | | Adult Protective Services Act. |
15 | | (49) Entering into an excessive number of written |
16 | | collaborative agreements with licensed physician |
17 | | assistants resulting in an inability to adequately |
18 | | collaborate. |
19 | | (50) Repeated failure to adequately collaborate with a |
20 | | physician assistant. |
21 | | Except
for actions involving the ground numbered (26), all |
22 | | proceedings to suspend,
revoke, place on probationary status, |
23 | | or take any
other disciplinary action as the Department may |
24 | | deem proper, with regard to a
license on any of the foregoing |
25 | | grounds, must be commenced within 5 years next
after receipt |
26 | | by the Department of a complaint alleging the commission of or
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1 | | notice of the conviction order for any of the acts described |
2 | | herein. Except
for the grounds numbered (8), (9), (26), and |
3 | | (29), no action shall be commenced more
than 10 years after the |
4 | | date of the incident or act alleged to have violated
this |
5 | | Section. For actions involving the ground numbered (26), a |
6 | | pattern of practice or other behavior includes all incidents |
7 | | alleged to be part of the pattern of practice or other behavior |
8 | | that occurred, or a report pursuant to Section 23 of this Act |
9 | | received, within the 10-year period preceding the filing of |
10 | | the complaint. In the event of the settlement of any claim or |
11 | | cause of action
in favor of the claimant or the reduction to |
12 | | final judgment of any civil action
in favor of the plaintiff, |
13 | | such claim, cause of action, or civil action being
grounded on |
14 | | the allegation that a person licensed under this Act was |
15 | | negligent
in providing care, the Department shall have an |
16 | | additional period of 2 years
from the date of notification to |
17 | | the Department under Section 23 of this Act
of such settlement |
18 | | or final judgment in which to investigate and
commence formal |
19 | | disciplinary proceedings under Section 36 of this Act, except
|
20 | | as otherwise provided by law. The time during which the holder |
21 | | of the license
was outside the State of Illinois shall not be |
22 | | included within any period of
time limiting the commencement |
23 | | of disciplinary action by the Department.
|
24 | | The entry of an order or judgment by any circuit court |
25 | | establishing that any
person holding a license under this Act |
26 | | is a person in need of mental treatment
operates as a |
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1 | | suspension of that license. That person may resume his or her
|
2 | | practice only upon the entry of a Departmental order based |
3 | | upon a finding by
the Medical Board that the person has been |
4 | | determined to be recovered
from mental illness by the court |
5 | | and upon the Medical Board's
recommendation that the person be |
6 | | permitted to resume his or her practice.
|
7 | | The Department may refuse to issue or take disciplinary |
8 | | action concerning the license of any person
who fails to file a |
9 | | return, or to pay the tax, penalty, or interest shown in a
|
10 | | filed return, or to pay any final assessment of tax, penalty, |
11 | | or interest, as
required by any tax Act administered by the |
12 | | Illinois Department of Revenue,
until such time as the |
13 | | requirements of any such tax Act are satisfied as
determined |
14 | | by the Illinois Department of Revenue.
|
15 | | The Department, upon the recommendation of the Medical |
16 | | Board, shall
adopt rules which set forth standards to be used |
17 | | in determining:
|
18 | | (a) when a person will be deemed sufficiently |
19 | | rehabilitated to warrant the
public trust;
|
20 | | (b) what constitutes dishonorable, unethical, or |
21 | | unprofessional conduct of
a character likely to deceive, |
22 | | defraud, or harm the public;
|
23 | | (c) what constitutes immoral conduct in the commission |
24 | | of any act,
including, but not limited to, commission of |
25 | | an act of sexual misconduct
related
to the licensee's |
26 | | practice; and
|
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1 | | (d) what constitutes gross negligence in the practice |
2 | | of medicine.
|
3 | | However, no such rule shall be admissible into evidence in |
4 | | any civil action
except for review of a licensing or other |
5 | | disciplinary action under this Act.
|
6 | | In enforcing this Section, the Medical Board,
upon a |
7 | | showing of a possible violation, may compel any individual who |
8 | | is licensed to
practice under this Act or holds a permit to |
9 | | practice under this Act, or any individual who has applied for |
10 | | licensure or a permit
pursuant to this Act, to submit to a |
11 | | mental or physical examination and evaluation, or both,
which |
12 | | may include a substance abuse or sexual offender evaluation, |
13 | | as required by the Medical Board and at the expense of the |
14 | | Department. The Medical Board shall specifically designate the |
15 | | examining physician licensed to practice medicine in all of |
16 | | its branches or, if applicable, the multidisciplinary team |
17 | | involved in providing the mental or physical examination and |
18 | | evaluation, or both. The multidisciplinary team shall be led |
19 | | by a physician licensed to practice medicine in all of its |
20 | | branches and may consist of one or more or a combination of |
21 | | physicians licensed to practice medicine in all of its |
22 | | branches, licensed chiropractic physicians, licensed clinical |
23 | | psychologists, licensed clinical social workers, licensed |
24 | | clinical professional counselors, and other professional and |
25 | | administrative staff. Any examining physician or member of the |
26 | | multidisciplinary team may require any person ordered to |
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1 | | submit to an examination and evaluation pursuant to this |
2 | | Section to submit to any additional supplemental testing |
3 | | deemed necessary to complete any examination or evaluation |
4 | | process, including, but not limited to, blood testing, |
5 | | urinalysis, psychological testing, or neuropsychological |
6 | | testing.
The Medical Board or the Department may order the |
7 | | examining
physician or any member of the multidisciplinary |
8 | | team to provide to the Department or the Medical Board any and |
9 | | all records, including business records, that relate to the |
10 | | examination and evaluation, including any supplemental testing |
11 | | performed. The Medical Board or the Department may order the |
12 | | examining physician or any member of the multidisciplinary |
13 | | team to present testimony concerning this examination
and |
14 | | evaluation of the licensee, permit holder, or applicant, |
15 | | including testimony concerning any supplemental testing or |
16 | | documents relating to the examination and evaluation. No |
17 | | information, report, record, or other documents in any way |
18 | | related to the examination and evaluation shall be excluded by |
19 | | reason of
any common
law or statutory privilege relating to |
20 | | communication between the licensee, permit holder, or
|
21 | | applicant and
the examining physician or any member of the |
22 | | multidisciplinary team.
No authorization is necessary from the |
23 | | licensee, permit holder, or applicant ordered to undergo an |
24 | | evaluation and examination for the examining physician or any |
25 | | member of the multidisciplinary team to provide information, |
26 | | reports, records, or other documents or to provide any |
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1 | | testimony regarding the examination and evaluation. The |
2 | | individual to be examined may have, at his or her own expense, |
3 | | another
physician of his or her choice present during all |
4 | | aspects of the examination.
Failure of any individual to |
5 | | submit to mental or physical examination and evaluation, or |
6 | | both, when
directed, shall result in an automatic suspension, |
7 | | without hearing, until such time
as the individual submits to |
8 | | the examination. If the Medical Board finds a physician unable
|
9 | | to practice following an examination and evaluation because of |
10 | | the reasons set forth in this Section, the Medical Board shall |
11 | | require such physician to submit to care, counseling, or |
12 | | treatment
by physicians, or other health care professionals, |
13 | | approved or designated by the Medical Board, as a condition
|
14 | | for issued, continued, reinstated, or renewed licensure to |
15 | | practice. Any physician,
whose license was granted pursuant to |
16 | | Sections 9, 17, or 19 of this Act, or,
continued, reinstated, |
17 | | renewed, disciplined or supervised, subject to such
terms, |
18 | | conditions, or restrictions who shall fail to comply with such |
19 | | terms,
conditions, or restrictions, or to complete a required |
20 | | program of care,
counseling, or treatment, as determined by |
21 | | the Chief Medical Coordinator or
Deputy Medical Coordinators, |
22 | | shall be referred to the Secretary for a
determination as to |
23 | | whether the licensee shall have his or her license suspended
|
24 | | immediately, pending a hearing by the Medical Board. In |
25 | | instances in
which the Secretary immediately suspends a |
26 | | license under this Section, a hearing
upon such person's |
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1 | | license must be convened by the Medical Board within 15
days |
2 | | after such suspension and completed without appreciable delay. |
3 | | The Medical
Board shall have the authority to review the |
4 | | subject physician's
record of treatment and counseling |
5 | | regarding the impairment, to the extent
permitted by |
6 | | applicable federal statutes and regulations safeguarding the
|
7 | | confidentiality of medical records.
|
8 | | An individual licensed under this Act, affected under this |
9 | | Section, shall be
afforded an opportunity to demonstrate to |
10 | | the Medical Board that he or she can
resume practice in |
11 | | compliance with acceptable and prevailing standards under
the |
12 | | provisions of his or her license.
|
13 | | The Department may promulgate rules for the imposition of |
14 | | fines in
disciplinary cases, not to exceed
$10,000 for each |
15 | | violation of this Act. Fines
may be imposed in conjunction |
16 | | with other forms of disciplinary action, but
shall not be the |
17 | | exclusive disposition of any disciplinary action arising out
|
18 | | of conduct resulting in death or injury to a patient. Any funds |
19 | | collected from
such fines shall be deposited in the Illinois |
20 | | State Medical Disciplinary Fund.
|
21 | | All fines imposed under this Section shall be paid within |
22 | | 60 days after the effective date of the order imposing the fine |
23 | | or in accordance with the terms set forth in the order imposing |
24 | | the fine. |
25 | | (B) The Department shall revoke the license or
permit |
26 | | issued under this Act to practice medicine or a chiropractic |
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1 | | physician who
has been convicted a second time of committing |
2 | | any felony under the
Illinois Controlled Substances Act or the |
3 | | Methamphetamine Control and Community Protection Act, or who |
4 | | has been convicted a second time of
committing a Class 1 felony |
5 | | under Sections 8A-3 and 8A-6 of the Illinois Public
Aid Code. A |
6 | | person whose license or permit is revoked
under
this |
7 | | subsection B shall be prohibited from practicing
medicine or |
8 | | treating human ailments without the use of drugs and without
|
9 | | operative surgery.
|
10 | | (C) The Department shall not revoke, suspend, place on |
11 | | probation, reprimand, refuse to issue or renew, or take any |
12 | | other disciplinary or non-disciplinary action against the |
13 | | license or permit issued under this Act to practice medicine |
14 | | to a physician: |
15 | | (1) based solely upon the recommendation of the |
16 | | physician to an eligible patient regarding, or |
17 | | prescription for, or treatment with, an investigational |
18 | | drug, biological product, or device; or |
19 | | (2) for experimental treatment for Lyme disease or |
20 | | other tick-borne diseases, including, but not limited to, |
21 | | the prescription of or treatment with long-term |
22 | | antibiotics. |
23 | | (D) The Medical Board shall recommend to the
Department |
24 | | civil
penalties and any other appropriate discipline in |
25 | | disciplinary cases when the Medical
Board finds that a |
26 | | physician willfully performed an abortion with actual
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1 | | knowledge that the person upon whom the abortion has been |
2 | | performed is a minor
or an incompetent person without notice |
3 | | as required under the Parental Notice
of Abortion Act of 1995. |
4 | | Upon the Medical Board's recommendation, the Department shall
|
5 | | impose, for the first violation, a civil penalty of $1,000 and |
6 | | for a second or
subsequent violation, a civil penalty of |
7 | | $5,000.
|
8 | | (Source: P.A. 101-13, eff. 6-12-19; 101-81, eff. 7-12-19; |
9 | | 101-363, eff. 8-9-19; 102-20, eff. 1-1-22; 102-558, eff. |
10 | | 8-20-21; 102-813, eff. 5-13-22.)
|
11 | | Section 70. The Nurse Practice Act is amended by changing |
12 | | Section 70-5 as follows:
|
13 | | (225 ILCS 65/70-5)
(was 225 ILCS 65/10-45)
|
14 | | (Section scheduled to be repealed on January 1, 2028)
|
15 | | Sec. 70-5. Grounds for disciplinary action.
|
16 | | (a) The Department may
refuse to issue or
to renew, or may |
17 | | revoke, suspend, place on
probation, reprimand, or take other |
18 | | disciplinary or non-disciplinary action as the Department
may |
19 | | deem appropriate, including fines not to exceed $10,000 per |
20 | | violation, with regard to a license for any one or combination
|
21 | | of the causes set forth in subsection (b) below.
All fines |
22 | | collected under this Section shall be deposited in the Nursing
|
23 | | Dedicated and Professional Fund.
|
24 | | (b) Grounds for disciplinary action include the following:
|
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1 | | (1) Material deception in furnishing information to |
2 | | the
Department.
|
3 | | (2) Material violations of any provision of this Act |
4 | | or violation of the rules of or final administrative |
5 | | action of
the Secretary, after consideration of the |
6 | | recommendation of the Board.
|
7 | | (3) Conviction by plea of guilty or nolo contendere, |
8 | | finding of guilt, jury verdict, or entry of judgment or by |
9 | | sentencing of any crime, including, but not limited to, |
10 | | convictions, preceding sentences of supervision, |
11 | | conditional discharge, or first offender probation, under |
12 | | the laws of any jurisdiction
of the
United States: (i) |
13 | | that is a felony; or (ii) that is a misdemeanor, an
|
14 | | essential element of which is dishonesty, or that is
|
15 | | directly related to the practice of the profession.
|
16 | | (4) A pattern of practice or other behavior which |
17 | | demonstrates
incapacity
or incompetency to practice under |
18 | | this Act.
|
19 | | (5) Knowingly aiding or assisting another person in |
20 | | violating
any
provision of this Act or rules.
|
21 | | (6) Failing, within 90 days, to provide a response to |
22 | | a request
for
information in response to a written request |
23 | | made by the Department by
certified or registered mail or |
24 | | by email to the email address of record.
|
25 | | (7) Engaging in dishonorable, unethical or |
26 | | unprofessional
conduct of a
character likely to deceive, |
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1 | | defraud or harm the public, as defined by
rule.
|
2 | | (8) Unlawful taking, theft, selling, distributing, or |
3 | | manufacturing of any drug, narcotic, or
prescription
|
4 | | device.
|
5 | | (9) Habitual or excessive use or addiction to alcohol,
|
6 | | narcotics,
stimulants, or any other chemical agent or drug |
7 | | that could result in a licensee's
inability to practice |
8 | | with reasonable judgment, skill or safety.
|
9 | | (10) Discipline by another U.S. jurisdiction or |
10 | | foreign
nation, if at
least one of the grounds for the |
11 | | discipline is the same or substantially
equivalent to |
12 | | those set forth in this Section.
|
13 | | (11) A finding that the licensee, after having her or |
14 | | his
license placed on
probationary status or subject to |
15 | | conditions or restrictions, has violated the terms of |
16 | | probation or failed to comply with such terms or |
17 | | conditions.
|
18 | | (12) Being named as a perpetrator in an indicated |
19 | | report by
the
Department of Children and Family Services |
20 | | and under the Abused and
Neglected Child Reporting Act, |
21 | | and upon proof by clear and
convincing evidence that the |
22 | | licensee has caused a child to be an abused
child or |
23 | | neglected child as defined in the Abused and Neglected |
24 | | Child
Reporting Act.
|
25 | | (13) Willful omission to file or record, or willfully |
26 | | impeding
the
filing or recording or inducing another |
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1 | | person to omit to file or record
medical reports as |
2 | | required by law. |
3 | | (13.5) Willfully failing to report an
instance of |
4 | | suspected child abuse or neglect as required by the Abused |
5 | | and
Neglected Child Reporting Act.
|
6 | | (14) Gross negligence in the practice of practical, |
7 | | professional, or advanced practice registered nursing.
|
8 | | (15) Holding oneself out to be practicing nursing |
9 | | under any
name other
than one's own.
|
10 | | (16) Failure of a licensee to report to the Department |
11 | | any adverse final action taken against him or her by |
12 | | another licensing jurisdiction of the United States or any |
13 | | foreign state or country, any peer review body, any health |
14 | | care institution, any professional or nursing society or |
15 | | association, any governmental agency, any law enforcement |
16 | | agency, or any court or a nursing liability claim related |
17 | | to acts or conduct similar to acts or conduct that would |
18 | | constitute grounds for action as defined in this Section. |
19 | | (17) Failure of a licensee to report to the Department |
20 | | surrender by the licensee of a license or authorization to |
21 | | practice nursing or advanced practice registered nursing |
22 | | in another state or jurisdiction or current surrender by |
23 | | the licensee of membership on any nursing staff or in any |
24 | | nursing or advanced practice registered nursing or |
25 | | professional association or society while under |
26 | | disciplinary investigation by any of those authorities or |
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1 | | bodies for acts or conduct similar to acts or conduct that |
2 | | would constitute grounds for action as defined by this |
3 | | Section. |
4 | | (18) Failing, within 60 days, to provide information |
5 | | in response to a written request made by the Department. |
6 | | (19) Failure to establish and maintain records of |
7 | | patient care and treatment as required by law. |
8 | | (20) Fraud, deceit or misrepresentation in applying |
9 | | for or
procuring
a license under this Act or in connection |
10 | | with applying for renewal of a
license under this Act.
|
11 | | (21) Allowing another person or organization to use |
12 | | the licensee's
license to deceive the public.
|
13 | | (22) Willfully making or filing false records or |
14 | | reports in
the
licensee's practice, including but not |
15 | | limited to false
records to support claims against the |
16 | | medical assistance program of the
Department of Healthcare |
17 | | and Family Services (formerly Department of Public Aid)
|
18 | | under the Illinois Public Aid Code.
|
19 | | (23) Attempting to subvert or cheat on a
licensing
|
20 | | examination
administered under this Act.
|
21 | | (24) Immoral conduct in the commission of an act, |
22 | | including, but not limited to, sexual abuse,
sexual |
23 | | misconduct, or sexual exploitation, related to the |
24 | | licensee's practice.
|
25 | | (25) Willfully or negligently violating the |
26 | | confidentiality
between nurse
and patient except as |
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1 | | required by law.
|
2 | | (26) Practicing under a false or assumed name, except |
3 | | as provided by law.
|
4 | | (27) The use of any false, fraudulent, or deceptive |
5 | | statement
in any
document connected with the licensee's |
6 | | practice.
|
7 | | (28) Directly or indirectly giving to or receiving |
8 | | from a person, firm,
corporation, partnership, or |
9 | | association a fee, commission, rebate, or other
form of |
10 | | compensation for professional services not actually or |
11 | | personally
rendered. Nothing in this paragraph (28) |
12 | | affects any bona fide independent contractor or employment |
13 | | arrangements among health care professionals, health |
14 | | facilities, health care providers, or other entities, |
15 | | except as otherwise prohibited by law. Any employment |
16 | | arrangements may include provisions for compensation, |
17 | | health insurance, pension, or other employment benefits |
18 | | for the provision of services within the scope of the |
19 | | licensee's practice under this Act. Nothing in this |
20 | | paragraph (28) shall be construed to require an employment |
21 | | arrangement to receive professional fees for services |
22 | | rendered.
|
23 | | (29) A violation of the Health Care Worker |
24 | | Self-Referral Act.
|
25 | | (30) Physical illness, mental illness, or disability |
26 | | that
results in the inability to practice the profession |
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1 | | with reasonable judgment,
skill, or safety.
|
2 | | (31) Exceeding the terms of a collaborative agreement |
3 | | or the prescriptive authority delegated to a licensee by |
4 | | his or her collaborating physician or podiatric physician |
5 | | in guidelines established under a written collaborative |
6 | | agreement. |
7 | | (32) Making a false or misleading statement regarding |
8 | | a licensee's skill or the efficacy or value of the |
9 | | medicine, treatment, or remedy prescribed by him or her in |
10 | | the course of treatment. |
11 | | (33) Prescribing, selling, administering, |
12 | | distributing, giving, or self-administering a drug |
13 | | classified as a controlled substance (designated product) |
14 | | or narcotic for other than medically accepted therapeutic |
15 | | purposes. |
16 | | (34) Promotion of the sale of drugs, devices, |
17 | | appliances, or goods provided for a patient in a manner to |
18 | | exploit the patient for financial gain. |
19 | | (35) Violating State or federal laws, rules, or |
20 | | regulations relating to controlled substances. |
21 | | (36) Willfully or negligently violating the |
22 | | confidentiality between an advanced practice registered |
23 | | nurse, collaborating physician, dentist, or podiatric |
24 | | physician and a patient, except as required by law. |
25 | | (37) Willfully failing to report an instance of |
26 | | suspected abuse, neglect, financial exploitation, or |
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1 | | self-neglect of an eligible adult as defined in and |
2 | | required by the Adult Protective Services Act. |
3 | | (38) Being named as an abuser in a verified report by |
4 | | the Department on Aging and under the Adult Protective |
5 | | Services Act, and upon proof by clear and convincing |
6 | | evidence that the licensee abused, neglected, or |
7 | | financially exploited an eligible adult as defined in the |
8 | | Adult Protective Services Act. |
9 | | (39) A violation of any provision of this Act or any |
10 | | rules adopted under this Act. |
11 | | (40) Violating Article 75 of the Cannabis Regulation |
12 | | and Tax Act the Compassionate Use of Medical Cannabis |
13 | | Program Act . |
14 | | (c) The determination by a circuit court that a licensee |
15 | | is
subject to
involuntary admission or judicial admission as |
16 | | provided in the Mental
Health and Developmental Disabilities |
17 | | Code, as amended, operates as an
automatic suspension. The |
18 | | suspension will end only upon a finding
by a
court that the |
19 | | patient is no longer subject to involuntary admission or
|
20 | | judicial admission and issues an order so finding and |
21 | | discharging the
patient; and upon the recommendation of the |
22 | | Board to the
Secretary that
the licensee be allowed to resume |
23 | | his or her practice.
|
24 | | (d) The Department may refuse to issue or may suspend or |
25 | | otherwise discipline the
license of any
person who fails to |
26 | | file a return, or to pay the tax, penalty or interest
shown in |
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1 | | a filed return, or to pay any final assessment of the tax,
|
2 | | penalty, or interest as required by any tax Act administered |
3 | | by the
Department of Revenue, until such time as the |
4 | | requirements of any
such tax Act are satisfied.
|
5 | | (e) In enforcing this Act, the Department,
upon a showing |
6 | | of a
possible
violation, may compel an individual licensed to |
7 | | practice under this Act or
who has applied for licensure under |
8 | | this Act, to submit
to a mental or physical examination, or |
9 | | both, as required by and at the expense
of the Department. The |
10 | | Department may order the examining physician to
present
|
11 | | testimony concerning the mental or physical examination of the |
12 | | licensee or
applicant. No information shall be excluded by |
13 | | reason of any common law or
statutory privilege relating to |
14 | | communications between the licensee or
applicant and the |
15 | | examining physician. The examining
physicians
shall be |
16 | | specifically designated by the Department.
The individual to |
17 | | be examined may have, at his or her own expense, another
|
18 | | physician of his or her choice present during all
aspects of |
19 | | this examination. Failure of an individual to submit to a |
20 | | mental
or
physical examination, when directed, shall result in |
21 | | an automatic
suspension without hearing.
|
22 | | All substance-related violations shall mandate an |
23 | | automatic substance abuse assessment. Failure to submit to an |
24 | | assessment by a licensed physician who is certified as an |
25 | | addictionist or an advanced practice registered nurse with |
26 | | specialty certification in addictions may be grounds for an |
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1 | | automatic suspension, as defined by rule.
|
2 | | If the Department finds an individual unable to practice |
3 | | or unfit for duty because
of
the
reasons
set forth in this |
4 | | subsection (e), the Department may require that individual
to |
5 | | submit
to
a substance abuse evaluation or treatment by |
6 | | individuals or programs
approved
or designated by the |
7 | | Department, as a condition, term, or restriction
for |
8 | | continued, restored, or
renewed licensure to practice; or, in |
9 | | lieu of evaluation or treatment,
the Department may file, or
|
10 | | the Board may recommend to the Department to file, a complaint |
11 | | to immediately
suspend, revoke, or otherwise discipline the |
12 | | license of the individual.
An individual whose
license was |
13 | | granted, continued, restored, renewed, disciplined or |
14 | | supervised
subject to such terms, conditions, or restrictions, |
15 | | and who fails to comply
with
such terms, conditions, or |
16 | | restrictions, shall be referred to the Secretary for
a
|
17 | | determination as to whether the individual shall have his or |
18 | | her license
suspended immediately, pending a hearing by the |
19 | | Department.
|
20 | | In instances in which the Secretary immediately suspends a |
21 | | person's license
under this subsection (e), a hearing on that |
22 | | person's license must be convened by
the Department within 15 |
23 | | days after the suspension and completed without
appreciable
|
24 | | delay.
The Department and Board shall have the authority to |
25 | | review the subject
individual's record of
treatment and |
26 | | counseling regarding the impairment to the extent permitted by
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1 | | applicable federal statutes and regulations safeguarding the |
2 | | confidentiality of
medical records.
|
3 | | An individual licensed under this Act and affected under |
4 | | this subsection (e) shall
be
afforded an opportunity to |
5 | | demonstrate to the Department that he or
she can resume
|
6 | | practice in compliance with nursing standards under the
|
7 | | provisions of his or her license.
|
8 | | (Source: P.A. 101-363, eff. 8-9-19; 102-558, eff. 8-20-21.)
|
9 | | Section 75. The Physician Assistant Practice Act of 1987 |
10 | | is amended by changing Section 21 as follows:
|
11 | | (225 ILCS 95/21) (from Ch. 111, par. 4621)
|
12 | | (Section scheduled to be repealed on January 1, 2028)
|
13 | | Sec. 21. Grounds for disciplinary action.
|
14 | | (a) The Department may refuse to issue or to renew, or may
|
15 | | revoke, suspend, place on probation, reprimand, or take other
|
16 | | disciplinary or non-disciplinary action with regard to any |
17 | | license issued under this Act as the
Department may deem |
18 | | proper, including the issuance of fines not to exceed
$10,000
|
19 | | for each violation, for any one or combination of the |
20 | | following causes:
|
21 | | (1) Material misstatement in furnishing information to |
22 | | the Department.
|
23 | | (2) Violations of this Act, or the rules adopted under |
24 | | this Act.
|
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1 | | (3) Conviction by plea of guilty or nolo contendere, |
2 | | finding of guilt, jury verdict, or entry of judgment or |
3 | | sentencing, including, but not limited to, convictions, |
4 | | preceding sentences of supervision, conditional discharge, |
5 | | or first offender probation, under the laws of any |
6 | | jurisdiction of the United States that is: (i) a felony; |
7 | | or (ii) a misdemeanor, an essential element of which is |
8 | | dishonesty, or that is directly related to the practice of |
9 | | the profession.
|
10 | | (4) Making any misrepresentation for the purpose of |
11 | | obtaining licenses.
|
12 | | (5) Professional incompetence.
|
13 | | (6) Aiding or assisting another person in violating |
14 | | any provision of this
Act or its rules.
|
15 | | (7) Failing, within 60 days, to provide information in |
16 | | response to a
written request made by the Department.
|
17 | | (8) Engaging in dishonorable, unethical, or |
18 | | unprofessional conduct, as
defined by rule, of a character |
19 | | likely to deceive, defraud, or harm the public.
|
20 | | (9) Habitual or excessive use or addiction to alcohol, |
21 | | narcotics,
stimulants, or any other chemical agent or drug |
22 | | that results in a physician
assistant's inability to |
23 | | practice with reasonable judgment, skill, or safety.
|
24 | | (10) Discipline by another U.S. jurisdiction or |
25 | | foreign nation, if at
least one of the grounds for |
26 | | discipline is the same or substantially equivalent
to |
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1 | | those set forth in this Section.
|
2 | | (11) Directly or indirectly giving to or receiving |
3 | | from any person, firm,
corporation, partnership, or |
4 | | association any fee, commission, rebate or
other form of |
5 | | compensation for any professional services not actually or
|
6 | | personally rendered. Nothing in this paragraph (11) |
7 | | affects any bona fide independent contractor or employment |
8 | | arrangements, which may include provisions for |
9 | | compensation, health insurance, pension, or other |
10 | | employment benefits, with persons or entities authorized |
11 | | under this Act for the provision of services within the |
12 | | scope of the licensee's practice under this Act.
|
13 | | (12) A finding by the Disciplinary Board that the |
14 | | licensee, after having
his or her license placed on |
15 | | probationary status has violated the terms of
probation.
|
16 | | (13) Abandonment of a patient.
|
17 | | (14) Willfully making or filing false records or |
18 | | reports in his or her
practice, including but not limited |
19 | | to false records filed with state agencies
or departments.
|
20 | | (15) Willfully failing to report an instance of |
21 | | suspected child abuse or
neglect as required by the Abused |
22 | | and Neglected Child Reporting Act.
|
23 | | (16) Physical illness, or mental illness or impairment
|
24 | | that results in the inability to practice the profession |
25 | | with
reasonable judgment, skill, or safety, including, but |
26 | | not limited to, deterioration through the aging process or |
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1 | | loss of motor skill.
|
2 | | (17) Being named as a perpetrator in an indicated |
3 | | report by the
Department of Children and Family Services |
4 | | under the Abused and
Neglected Child Reporting Act, and |
5 | | upon proof by clear and convincing evidence
that the |
6 | | licensee has caused a child to be an abused child or |
7 | | neglected child
as defined in the Abused and Neglected |
8 | | Child Reporting Act.
|
9 | | (18) (Blank).
|
10 | | (19) Gross negligence
resulting in permanent injury or |
11 | | death
of a patient.
|
12 | | (20) Employment of fraud, deception or any unlawful |
13 | | means in applying for
or securing a license as a physician |
14 | | assistant.
|
15 | | (21) Exceeding the authority delegated to him or her |
16 | | by his or her collaborating
physician in a written |
17 | | collaborative agreement.
|
18 | | (22) Immoral conduct in the commission of any act, |
19 | | such as sexual abuse,
sexual misconduct, or sexual |
20 | | exploitation related to the licensee's practice.
|
21 | | (23) Violation of the Health Care Worker Self-Referral |
22 | | Act.
|
23 | | (24) Practicing under a false or assumed name, except |
24 | | as provided by law.
|
25 | | (25) Making a false or misleading statement regarding |
26 | | his or her skill or
the efficacy or value of the medicine, |
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1 | | treatment, or remedy prescribed by him
or her in the |
2 | | course of treatment.
|
3 | | (26) Allowing another person to use his or her license |
4 | | to practice.
|
5 | | (27) Prescribing, selling, administering, |
6 | | distributing, giving, or
self-administering a drug |
7 | | classified as a controlled substance for other than |
8 | | medically accepted therapeutic purposes.
|
9 | | (28) Promotion of the sale of drugs, devices, |
10 | | appliances, or goods
provided for a patient in a manner to |
11 | | exploit the patient for financial gain.
|
12 | | (29) A pattern of practice or other behavior that |
13 | | demonstrates incapacity
or incompetence to practice under |
14 | | this Act.
|
15 | | (30) Violating State or federal laws or regulations |
16 | | relating to controlled
substances or other legend drugs or |
17 | | ephedra as defined in the Ephedra Prohibition Act.
|
18 | | (31) Exceeding the prescriptive authority delegated by |
19 | | the collaborating
physician or violating the written |
20 | | collaborative agreement delegating that
authority.
|
21 | | (32) Practicing without providing to the Department a |
22 | | notice of collaboration
or delegation of
prescriptive |
23 | | authority.
|
24 | | (33) Failure to establish and maintain records of |
25 | | patient care and treatment as required by law. |
26 | | (34) Attempting to subvert or cheat on the examination |
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1 | | of the National Commission on Certification of Physician |
2 | | Assistants or its successor agency. |
3 | | (35) Willfully or negligently violating the |
4 | | confidentiality between physician assistant and patient, |
5 | | except as required by law. |
6 | | (36) Willfully failing to report an instance of |
7 | | suspected abuse, neglect, financial exploitation, or |
8 | | self-neglect of an eligible adult as defined in and |
9 | | required by the Adult Protective Services Act. |
10 | | (37) Being named as an abuser in a verified report by |
11 | | the Department on Aging under the Adult Protective |
12 | | Services Act and upon proof by clear and convincing |
13 | | evidence that the licensee abused, neglected, or |
14 | | financially exploited an eligible adult as defined in the |
15 | | Adult Protective Services Act. |
16 | | (38) Failure to report to the Department an adverse |
17 | | final action taken against him or her by another licensing |
18 | | jurisdiction of the United States or a foreign state or |
19 | | country, a peer review body, a health care institution, a |
20 | | professional society or association, a governmental |
21 | | agency, a law enforcement agency, or a court acts or |
22 | | conduct similar to acts or conduct that would constitute |
23 | | grounds for action under this Section. |
24 | | (39) Failure to provide copies of records of patient |
25 | | care or treatment, except as required by law. |
26 | | (40) Entering into an excessive number of written |
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1 | | collaborative agreements with licensed physicians |
2 | | resulting in an inability to adequately collaborate. |
3 | | (41) Repeated failure to adequately collaborate with a |
4 | | collaborating physician. |
5 | | (42) Violating Article 75 of the Cannabis Regulation |
6 | | and Tax Act the Compassionate Use of Medical Cannabis |
7 | | Program Act . |
8 | | (b) The Department may, without a hearing, refuse to issue |
9 | | or renew or may suspend the license of any
person who fails to |
10 | | file a return, or to pay the tax, penalty or interest
shown in |
11 | | a filed return, or to pay any final assessment of the tax,
|
12 | | penalty, or interest as required by any tax Act administered |
13 | | by the
Illinois Department of Revenue, until such time as the |
14 | | requirements of any
such tax Act are satisfied.
|
15 | | (c) The determination by a circuit court that a licensee |
16 | | is subject to
involuntary admission or judicial admission as |
17 | | provided in the Mental Health
and Developmental Disabilities |
18 | | Code operates as an automatic suspension.
The
suspension will |
19 | | end only upon a finding by a court that the patient is no
|
20 | | longer subject to involuntary admission or judicial admission |
21 | | and issues an
order so finding and discharging the patient, |
22 | | and upon the
recommendation of
the Disciplinary Board to the |
23 | | Secretary
that the licensee be allowed to resume
his or her |
24 | | practice.
|
25 | | (d) In enforcing this Section, the Department upon a |
26 | | showing of a
possible
violation may compel an individual |
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1 | | licensed to practice under this Act, or
who has applied for |
2 | | licensure under this Act, to submit
to a mental or physical |
3 | | examination, or both, which may include a substance abuse or |
4 | | sexual offender evaluation, as required by and at the expense
|
5 | | of the Department. |
6 | | The Department shall specifically designate the examining |
7 | | physician licensed to practice medicine in all of its branches |
8 | | or, if applicable, the multidisciplinary team involved in |
9 | | providing the mental or physical examination or both. The |
10 | | multidisciplinary team shall be led by a physician licensed to |
11 | | practice medicine in all of its branches and may consist of one |
12 | | or more or a combination of physicians licensed to practice |
13 | | medicine in all of its branches, licensed clinical |
14 | | psychologists, licensed clinical social workers, licensed |
15 | | clinical professional counselors, and other professional and |
16 | | administrative staff. Any examining physician or member of the |
17 | | multidisciplinary team may require any person ordered to |
18 | | submit to an examination pursuant to this Section to submit to |
19 | | any additional supplemental testing deemed necessary to |
20 | | complete any examination or evaluation process, including, but |
21 | | not limited to, blood testing, urinalysis, psychological |
22 | | testing, or neuropsychological testing. |
23 | | The Department may order the examining physician or any |
24 | | member of the multidisciplinary team to provide to the |
25 | | Department any and all records, including business records, |
26 | | that relate to the examination and evaluation, including any |
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1 | | supplemental testing performed. |
2 | | The Department may order the examining physician or any |
3 | | member of the multidisciplinary team to
present
testimony |
4 | | concerning the mental or physical examination of the licensee |
5 | | or
applicant. No information, report, record, or other |
6 | | documents in any way related to the examination shall be |
7 | | excluded by reason of any common law or
statutory privilege |
8 | | relating to communications between the licensee or
applicant |
9 | | and the examining physician or any member of the |
10 | | multidisciplinary team. No authorization is necessary from the |
11 | | licensee or applicant ordered to undergo an examination for |
12 | | the examining physician or any member of the multidisciplinary |
13 | | team to provide information, reports, records, or other |
14 | | documents or to provide any testimony regarding the |
15 | | examination and evaluation. |
16 | | The individual to be examined may have, at his or her own |
17 | | expense, another
physician of his or her choice present during |
18 | | all
aspects of this examination. However, that physician shall |
19 | | be present only to observe and may not interfere in any way |
20 | | with the examination. |
21 | | Failure of an individual to submit to a mental
or
physical |
22 | | examination, when ordered, shall result in an automatic |
23 | | suspension of his or
her
license until the individual submits |
24 | | to the examination.
|
25 | | If the Department finds an individual unable to practice |
26 | | because of
the
reasons
set forth in this Section, the |
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1 | | Department may require that individual
to submit
to
care, |
2 | | counseling, or treatment by physicians approved
or designated |
3 | | by the Department, as a condition, term, or restriction
for |
4 | | continued,
reinstated, or
renewed licensure to practice; or, |
5 | | in lieu of care, counseling, or treatment,
the Department may |
6 | | file
a complaint to immediately
suspend, revoke, or otherwise |
7 | | discipline the license of the individual.
An individual whose
|
8 | | license was granted, continued, reinstated, renewed, |
9 | | disciplined, or supervised
subject to such terms, conditions, |
10 | | or restrictions, and who fails to comply
with
such terms, |
11 | | conditions, or restrictions, shall be referred to the |
12 | | Secretary
for
a
determination as to whether the individual |
13 | | shall have his or her license
suspended immediately, pending a |
14 | | hearing by the Department.
|
15 | | In instances in which the Secretary
immediately suspends a |
16 | | person's license
under this Section, a hearing on that |
17 | | person's license must be convened by
the Department within 30
|
18 | | days after the suspension and completed without
appreciable
|
19 | | delay.
The Department shall have the authority to review the |
20 | | subject
individual's record of
treatment and counseling |
21 | | regarding the impairment to the extent permitted by
applicable |
22 | | federal statutes and regulations safeguarding the |
23 | | confidentiality of
medical records.
|
24 | | An individual licensed under this Act and affected under |
25 | | this Section shall
be
afforded an opportunity to demonstrate |
26 | | to the Department that he or
she can resume
practice in |
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1 | | compliance with acceptable and prevailing standards under the
|
2 | | provisions of his or her license.
|
3 | | (e) An individual or organization acting in good faith, |
4 | | and not in a willful and wanton manner, in complying with this |
5 | | Section by providing a report or other information to the |
6 | | Board, by assisting in the investigation or preparation of a |
7 | | report or information, by participating in proceedings of the |
8 | | Board, or by serving as a member of the Board, shall not be |
9 | | subject to criminal prosecution or civil damages as a result |
10 | | of such actions. |
11 | | (f) Members of the Board and the Disciplinary Board shall |
12 | | be indemnified by the State for any actions occurring within |
13 | | the scope of services on the Disciplinary Board or Board, done |
14 | | in good faith and not willful and wanton in nature. The |
15 | | Attorney General shall defend all such actions unless he or |
16 | | she determines either that there would be a conflict of |
17 | | interest in such representation or that the actions complained |
18 | | of were not in good faith or were willful and wanton. |
19 | | If the Attorney General declines representation, the |
20 | | member has the right to employ counsel of his or her choice, |
21 | | whose fees shall be provided by the State, after approval by |
22 | | the Attorney General, unless there is a determination by a |
23 | | court that the member's actions were not in good faith or were |
24 | | willful and wanton. |
25 | | The member must notify the Attorney General within 7 days |
26 | | after receipt of notice of the initiation of any action |
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1 | | involving services of the Disciplinary Board. Failure to so |
2 | | notify the Attorney General constitutes an absolute waiver of |
3 | | the right to a defense and indemnification. |
4 | | The Attorney General shall determine, within 7 days after |
5 | | receiving such notice, whether he or she will undertake to |
6 | | represent the member. |
7 | | (Source: P.A. 101-363, eff. 8-9-19; 102-558, eff. 8-20-21.)
|
8 | | Section 80. The Preventing Youth Vaping Act is amended by |
9 | | changing Section 5 as follows: |
10 | | (410 ILCS 86/5)
|
11 | | Sec. 5. Definitions. In this Act: |
12 | | "Additive" means any substance the intended use of which |
13 | | results or may reasonably be expected to result, directly or |
14 | | indirectly, in it becoming a component or otherwise affecting |
15 | | the characteristic of any tobacco product, including, but not |
16 | | limited to, any substances intended for use as a flavoring or |
17 | | coloring or in producing, manufacturing, packing, processing, |
18 | | preparing, treating, packaging, transporting, or holding. |
19 | | "Additive" does not include tobacco or a pesticide chemical |
20 | | residue in or on raw tobacco or a pesticide chemical. |
21 | | "Consumer" means an individual who acquires or seeks to |
22 | | acquire electronic cigarettes for personal use. |
23 | | "Distributor" means a person who sells, offers for sale, |
24 | | or transfers any tobacco, electronic cigarette, or tobacco |
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1 | | product for resale and not for use or consumption. |
2 | | "Distributor" includes a distributor as defined in Section 1 |
3 | | of the Cigarette Tax Act, Section 1 of the Cigarette Use Tax |
4 | | Act, and Section 10-5 of the Tobacco Products Tax Act of 1995. |
5 | | "Electronic cigarette" means: |
6 | | (1) any device that employs a battery or other |
7 | | mechanism to heat a solution or substance to produce a |
8 | | vapor or aerosol intended for inhalation; |
9 | | (2) any cartridge or container of a solution or |
10 | | substance intended to be used with or in the device or to |
11 | | refill the device; or |
12 | | (3) any solution or substance, whether or not it |
13 | | contains nicotine, intended for use in the device. |
14 | | "Electronic cigarette" includes, but is not limited to, |
15 | | any electronic nicotine delivery system, electronic cigar, |
16 | | electronic cigarillo, electronic pipe, electronic hookah, vape |
17 | | pen, or similar product or device, and any component, part, or |
18 | | accessory of a device used during the operation of the device |
19 | | even if the part or accessory was sold separately. "Electronic |
20 | | cigarette" does not include: cigarettes, as defined in Section |
21 | | 1 of the Cigarette Tax Act; any product approved by the United |
22 | | States Food and Drug Administration for sale as a smoking |
23 | | cessation product, a tobacco dependence product, or for other |
24 | | medical purposes that is marketed and sold solely for that |
25 | | approved purpose; any asthma inhaler prescribed by a physician |
26 | | for that condition that is marketed and sold solely for that |
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1 | | approved purpose; any device that meets the definition of |
2 | | cannabis paraphernalia under Section 1-10 of the Cannabis |
3 | | Regulation and Tax Act; or any cannabis product sold by a |
4 | | dispensing organization pursuant to the Cannabis Regulation |
5 | | and Tax Act or the Compassionate Use of Medical Cannabis |
6 | | Program Act . |
7 | | "Manufacturer" means any person, wherever resident or |
8 | | located, who manufactures and sells tobacco products. |
9 | | "Manufacturer" does not include a person who makes, |
10 | | manufactures, or fabricates tobacco products as a part of a |
11 | | correctional industries program for sale to persons |
12 | | incarcerated in penal institutions or resident patients of a |
13 | | State-operated mental health facility. |
14 | | "Modified risk tobacco product" means any tobacco product |
15 | | that is sold or distributed to reduce harm or the risk of |
16 | | tobacco related disease associated with commercially marketed |
17 | | tobacco products. |
18 | | "Person" means any individual, corporation, partnership, |
19 | | limited liability company, association, or other organization |
20 | | that engages in any for-profit or not-for-profit activities. |
21 | | "Retailer" means a person who engages in this State in the |
22 | | sale of or offers for sale electronic cigarettes for use or |
23 | | consumption and not for resale in any form. "Retailer" |
24 | | includes a retailer as defined in Section 1 of the Cigarette |
25 | | Tax Act and Section 10-5 of the Tobacco Products Tax Act of |
26 | | 1995. |
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1 | | "Secondary distributor" has the same meaning as defined in |
2 | | Section 1 of the Cigarette Tax Act and Section 1 of the |
3 | | Cigarette Use Tax Act. |
4 | | "Tobacco product" has the same meaning as defined in |
5 | | Section 10-5 of the Tobacco Products Tax Act of 1995.
|
6 | | (Source: P.A. 102-575, eff. 1-1-22.) |
7 | | Section 85. The Cannabis Regulation and Tax Act is amended |
8 | | by changing Sections 1-10, 5-5, 5-10, 5-15, 5-20, 5-25, 5-30, |
9 | | 5-45, 7-1, 7-15, 7-20, 7-25, 7-30, 10-5, 10-10, 10-15, 10-20, |
10 | | 10-35, 10-45, 10-50, 15-5, 15-15, 15-20, 15-30.20, 15-35.10, |
11 | | 15-35.20, 15-55, 15-75, 15-85, 15-90, 15-100, 15-110, 15-120, |
12 | | 15-125, 15-135, 15-140, 15-145, 15-150, 15-155, 15-160, |
13 | | 15-165, 15-170, 15-175, 20-1, 20-5, 20-10, 20-15, 20-21, |
14 | | 20-30, 20-55, 25-1, 25-5, 25-10, 25-15, 25-25, 25-30, 25-35, |
15 | | 25-40, 30-3, 30-5, 30-10, 30-20, 30-30, 30-45, 30-55, 35-3, |
16 | | 35-5, 35-10, 35-25, 35-31, 35-45, 40-1, 40-5, 40-10, 40-25, |
17 | | 40-45, 45-5, 45-10, 45-20, 50-5, 55-5, 55-10, 55-15, 55-21, |
18 | | 55-30, 55-35, 55-40, 55-45, 55-50, 55-55, 55-60, 55-65, 55-85, |
19 | | 60-5, 60-20, 65-5, 65-10, and 65-15 and by adding Sections |
20 | | 5-50 and 7-12 and Article 75 as follows: |
21 | | (410 ILCS 705/1-10)
|
22 | | Sec. 1-10. Definitions. In this Act: |
23 | | "Adult Use Cultivation Center License" means a license |
24 | | issued by the Commission Department of Agriculture that |
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1 | | permits a person to act as a cultivation center under this Act |
2 | | and any administrative rule made in furtherance of this Act. |
3 | | "Adult Use Dispensing Organization License" means a |
4 | | license issued by the Commission Department of Financial and |
5 | | Professional Regulation that permits a person to act as a |
6 | | dispensing organization under this Act and any administrative |
7 | | rule made in furtherance of this Act. |
8 | | "Advertise" means to engage in promotional activities |
9 | | including, but not limited to: newspaper, radio, Internet and |
10 | | electronic media, and television advertising; the distribution |
11 | | of fliers and circulars; billboard advertising; and the |
12 | | display of window and interior signs. "Advertise" does not |
13 | | mean exterior signage displaying only the name of the licensed |
14 | | cannabis business establishment. |
15 | | "Application points" means the number of points a |
16 | | Dispensary Applicant receives on an application for a |
17 | | Conditional Adult Use Dispensing Organization License. |
18 | | "BLS Region" means a region in Illinois used by the United |
19 | | States Bureau of Labor Statistics to gather and categorize |
20 | | certain employment and wage data. The 17 such regions in |
21 | | Illinois are: Bloomington, Cape Girardeau, Carbondale-Marion, |
22 | | Champaign-Urbana, Chicago-Naperville-Elgin, Danville, |
23 | | Davenport-Moline-Rock Island, Decatur, Kankakee, Peoria, |
24 | | Rockford, St. Louis, Springfield, Northwest Illinois |
25 | | nonmetropolitan area, West Central Illinois nonmetropolitan |
26 | | area, East Central Illinois nonmetropolitan area, and South |
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1 | | Illinois nonmetropolitan area. |
2 | | "By lot" means a randomized method of choosing between 2 |
3 | | or more Eligible Tied Applicants or 2 or more Qualifying |
4 | | Applicants. |
5 | | "Cannabis" means marijuana, hashish, and other substances |
6 | | that are identified as including any parts of the plant |
7 | | Cannabis sativa and including derivatives or subspecies, such |
8 | | as indica, of all strains of cannabis, whether growing or not; |
9 | | the seeds thereof, the resin extracted from any part of the |
10 | | plant; and any compound, manufacture, salt, derivative, |
11 | | mixture, or preparation of the plant, its seeds, or resin, |
12 | | including tetrahydrocannabinol (THC) and all other naturally |
13 | | produced cannabinol derivatives, whether produced directly or |
14 | | indirectly by extraction; however, "cannabis" does not include |
15 | | the mature stalks of the plant, fiber produced from the |
16 | | stalks, oil or cake made from the seeds of the plant, any other |
17 | | compound, manufacture, salt, derivative, mixture, or |
18 | | preparation of the mature stalks (except the resin extracted |
19 | | from it), fiber, oil or cake, or the sterilized seed of the |
20 | | plant that is incapable of germination. "Cannabis" does not |
21 | | include industrial hemp as defined and authorized under the |
22 | | Industrial Hemp Act. "Cannabis" also means cannabis flower, |
23 | | concentrate, and cannabis-infused products. |
24 | | "Cannabis business establishment" means a cultivation |
25 | | center, craft grower, processing organization, infuser |
26 | | organization, dispensing organization, or transporting |
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1 | | organization. |
2 | | "Cannabis concentrate" means a product derived from |
3 | | cannabis that is produced by extracting cannabinoids, |
4 | | including tetrahydrocannabinol (THC), from the plant through |
5 | | the use of propylene glycol, glycerin, butter, olive oil, or |
6 | | other typical cooking fats; water, ice, or dry ice; or butane, |
7 | | propane, CO 2 , ethanol, or isopropanol and with the intended |
8 | | use of smoking or making a cannabis-infused product. The use |
9 | | of any other solvent is expressly prohibited unless and until |
10 | | it is approved by the Commission Department of Agriculture . |
11 | | "Cannabis container" means a sealed or resealable, |
12 | | traceable, container, or package used for the purpose of |
13 | | containment of cannabis or cannabis-infused product during |
14 | | transportation. |
15 | | "Cannabis flower" means marijuana, hashish, and other |
16 | | substances that are identified as including any parts of the |
17 | | plant Cannabis sativa and including derivatives or subspecies, |
18 | | such as indica, of all strains of cannabis; including raw |
19 | | kief, leaves, and buds, but not resin that has been extracted |
20 | | from any part of such plant; nor any compound, manufacture, |
21 | | salt, derivative, mixture, or preparation of such plant, its |
22 | | seeds, or resin. |
23 | | "Cannabis-infused product" means a beverage, food, oil, |
24 | | ointment, tincture, topical formulation, or another product |
25 | | containing cannabis or cannabis concentrate that is not |
26 | | intended to be smoked. |
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1 | | "Cannabis paraphernalia" means equipment, products, or |
2 | | materials intended to be used for planting, propagating, |
3 | | cultivating, growing, harvesting, manufacturing, producing, |
4 | | processing, preparing, testing, analyzing, packaging, |
5 | | repackaging, storing, containing, concealing, ingesting, or |
6 | | otherwise introducing cannabis into the human body. |
7 | | "Cannabis plant monitoring system" or "plant monitoring |
8 | | system" means a system that includes, but is not limited to, |
9 | | testing and data collection established and maintained by the |
10 | | cultivation center, craft grower, or processing organization |
11 | | and that is available to the Commission and the Department of |
12 | | Revenue , the Department of Agriculture, the Department of |
13 | | Financial and Professional Regulation, and the Illinois State |
14 | | Police for the purposes of documenting each cannabis plant and |
15 | | monitoring plant development throughout the life cycle of a |
16 | | cannabis plant cultivated for the intended use by a customer |
17 | | from seed planting to final packaging. |
18 | | "Cannabis testing facility" means an entity registered by |
19 | | the Commission Department of Agriculture to test cannabis for |
20 | | potency and contaminants. |
21 | | "Clone" means a plant section from a female cannabis plant |
22 | | not yet rootbound, growing in a water solution or other |
23 | | propagation matrix, that is capable of developing into a new |
24 | | plant. |
25 | | "Commission" means the Cannabis Equity and Oversight |
26 | | Commission created under Section 5-50. |
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1 | | "Commissioner" means a member of the Commission. |
2 | | "Community College Cannabis Vocational Training Pilot |
3 | | Program faculty participant" means a person who is 21 years of |
4 | | age or older, licensed by the Commission Department of |
5 | | Agriculture , and is employed or contracted by an Illinois |
6 | | community college to provide student instruction using |
7 | | cannabis plants at an Illinois Community College. |
8 | | "Community College Cannabis Vocational Training Pilot |
9 | | Program faculty participant Agent Identification Card" means a |
10 | | document issued by the Commission Department of Agriculture |
11 | | that identifies a person as a Community College Cannabis |
12 | | Vocational Training Pilot Program faculty participant. |
13 | | "Compassionate Use of Medical Cannabis Program" or |
14 | | "Program" means the program established under Article 75 of |
15 | | this Act (formerly the Compassionate Use of Medical Cannabis |
16 | | Program Act that has been combined with this Act) for the |
17 | | purpose of streamlining the governance of the medical and |
18 | | adult use cannabis programs. |
19 | | "Conditional Adult Use Dispensing Organization License" |
20 | | means a contingent license awarded to applicants for an Adult |
21 | | Use Dispensing Organization License that reserves the right to |
22 | | an Adult Use Dispensing Organization License if the applicant |
23 | | meets certain conditions described in this Act, but does not |
24 | | entitle the recipient to begin purchasing or selling cannabis |
25 | | or cannabis-infused products. |
26 | | "Conditional Adult Use Cultivation Center License" means a |
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1 | | license awarded to top-scoring applicants for an Adult Use |
2 | | Cultivation Center License that reserves the right to an Adult |
3 | | Use Cultivation Center License if the applicant meets certain |
4 | | conditions as determined by the Commission Department of |
5 | | Agriculture by rule, but does not entitle the recipient to |
6 | | begin growing, processing, or selling cannabis or |
7 | | cannabis-infused products. |
8 | | "Craft grower" means a facility operated by an |
9 | | organization or business that is licensed by the Commission |
10 | | Department of Agriculture to cultivate, dry, cure, and package |
11 | | cannabis and perform other necessary activities to make |
12 | | cannabis available for sale at a dispensing organization or |
13 | | use at a processing organization. A craft grower may contain |
14 | | up to 5,000 square feet of canopy space on its premises for |
15 | | plants in the flowering state. The Commission Department of |
16 | | Agriculture may authorize an increase or decrease of flowering |
17 | | stage cultivation space in increments of 3,000 square feet by |
18 | | rule based on market need, craft grower capacity, and the |
19 | | licensee's history of compliance or noncompliance, with a |
20 | | maximum space of 14,000 square feet for cultivating plants in |
21 | | the flowering stage, which must be cultivated in all stages of |
22 | | growth in an enclosed and secure area. A craft grower may share |
23 | | premises with a processing organization or a dispensing |
24 | | organization, or both, provided each licensee stores currency |
25 | | and cannabis or cannabis-infused products in a separate |
26 | | secured vault to which the other licensee does not have access |
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1 | | or all licensees sharing a vault share more than 50% of the |
2 | | same ownership. |
3 | | "Craft grower agent" means a principal officer, board |
4 | | member, employee, or other agent of a craft grower who is 21 |
5 | | years of age or older. |
6 | | "Craft Grower Agent Identification Card" means a document |
7 | | issued by the Commission Department of Agriculture that |
8 | | identifies a person as a craft grower agent. |
9 | | "Cultivation center" means a facility operated by an |
10 | | organization or business that is licensed by the Commission |
11 | | Department of Agriculture to cultivate, process, transport |
12 | | (unless otherwise limited by this Act), and perform other |
13 | | necessary activities to provide cannabis and cannabis-infused |
14 | | products to cannabis business establishments. |
15 | | "Cultivation center agent" means a principal officer, |
16 | | board member, employee, or other agent of a cultivation center |
17 | | who is 21 years of age or older. |
18 | | "Cultivation Center Agent Identification Card" means a |
19 | | document issued by the Commission Department of Agriculture |
20 | | that identifies a person as a cultivation center agent. |
21 | | "Currency" means currency and coin of the United States. |
22 | | "Dispensary" means a facility operated by a dispensing |
23 | | organization at which activities licensed by this Act may |
24 | | occur. |
25 | | "Dispensary Applicant" means the Proposed Dispensing |
26 | | Organization Name as stated on an application for a |
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1 | | Conditional Adult Use Dispensing Organization License. |
2 | | "Dispensing organization" means a facility operated by an |
3 | | organization or business that is licensed by the Commission |
4 | | Department of Financial and Professional Regulation to acquire |
5 | | cannabis from a cultivation center, craft grower, processing |
6 | | organization, or another dispensary for the purpose of selling |
7 | | or dispensing cannabis, cannabis-infused products, cannabis |
8 | | seeds, paraphernalia, or related supplies under this Act to |
9 | | purchasers or to qualified registered medical cannabis |
10 | | patients and caregivers. As used in this Act, "dispensing |
11 | | organization" includes a registered medical cannabis |
12 | | organization as defined in the Compassionate Use of Medical |
13 | | Cannabis Program Act or its successor Act that has obtained an |
14 | | Early Approval Adult Use Dispensing Organization License. |
15 | | "Dispensing organization agent" means a principal officer, |
16 | | employee, or agent of a dispensing organization who is 21 |
17 | | years of age or older. |
18 | | "Dispensing organization agent identification card" means |
19 | | a document issued by the Commission Department of Financial |
20 | | and Professional Regulation that identifies a person as a |
21 | | dispensing organization agent. |
22 | | "Disproportionately Impacted Area" means a census tract or |
23 | | comparable geographic area that satisfies the following |
24 | | criteria as determined by the Department of Commerce and |
25 | | Economic Opportunity, that: |
26 | | (1) meets at least one of the following criteria: |
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1 | | (A) the area has a poverty rate of at least 20% |
2 | | according to the latest federal decennial census; or |
3 | | (B) 75% or more of the children in the area |
4 | | participate in the federal free lunch program |
5 | | according to reported statistics from the State Board |
6 | | of Education; or |
7 | | (C) at least 20% of the households in the area |
8 | | receive assistance under the Supplemental Nutrition |
9 | | Assistance Program; or |
10 | | (D) the area has an average unemployment rate, as |
11 | | determined by the Illinois Department of Employment |
12 | | Security, that is more than 120% of the national |
13 | | unemployment average, as determined by the United |
14 | | States Department of Labor, for a period of at least 2 |
15 | | consecutive calendar years preceding the date of the |
16 | | application; and |
17 | | (2) has high rates of arrest, conviction, and |
18 | | incarceration related to the sale, possession, use, |
19 | | cultivation, manufacture, or transport of cannabis. |
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 |
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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, outdoor canopy space, or other enclosed area |
23 | | equipped with locks or other security devices that permit |
24 | | access only by cannabis business establishment agents working |
25 | | for the licensed cannabis business establishment or acting |
26 | | pursuant to this Act to cultivate, process, store, or |
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1 | | distribute cannabis. |
2 | | "Enclosed, locked space" means a closet, room, greenhouse, |
3 | | building, or other enclosed area equipped with locks or other |
4 | | security devices that permit access only by authorized |
5 | | individuals under this Act. "Enclosed, locked space" may |
6 | | include: |
7 | | (1) a space within a residential building that (i) is |
8 | | the primary residence of the individual cultivating 5 or |
9 | | fewer cannabis plants that are more than 5 inches tall and |
10 | | (ii) includes sleeping quarters and indoor plumbing. The |
11 | | space must only be accessible by a key or code that is |
12 | | different from any key or code that can be used to access |
13 | | the residential building from the exterior; or |
14 | | (2) a structure, such as a shed or greenhouse, that |
15 | | lies on the same plot of land as a residential building |
16 | | that (i) includes sleeping quarters and indoor plumbing |
17 | | and (ii) is used as a primary residence by the person |
18 | | cultivating 5 or fewer cannabis plants that are more than |
19 | | 5 inches tall, such as a shed or greenhouse. The structure |
20 | | must remain locked when it is unoccupied by people. |
21 | | "Financial institution" has the same meaning as "financial |
22 | | organization" as defined in Section 1501 of the Illinois |
23 | | Income Tax Act, and also includes the holding companies, |
24 | | subsidiaries, and affiliates of such financial organizations. |
25 | | "Flowering stage" means the stage of cultivation where and |
26 | | when a cannabis plant is cultivated to produce plant material |
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1 | | for cannabis products. This includes mature plants as follows: |
2 | | (1) if greater than 2 stigmas are visible at each |
3 | | internode of the plant; or |
4 | | (2) if the cannabis plant is in an area that has been |
5 | | intentionally deprived of light for a period of time |
6 | | intended to produce flower buds and induce maturation, |
7 | | from the moment the light deprivation began through the |
8 | | remainder of the marijuana plant growth cycle. |
9 | | "Individual" means a natural person. |
10 | | "Infuser organization" or "infuser" means a facility |
11 | | operated by an organization or business that is licensed by |
12 | | the Commission Department of Agriculture to directly |
13 | | incorporate cannabis or cannabis concentrate into a product |
14 | | formulation to produce a cannabis-infused product. |
15 | | "Institutional investor" means any of the following: |
16 | | (1) A retirement fund administered by a public agency |
17 | | for the exclusive benefit of federal, State, or local |
18 | | public employees. |
19 | | (2)
An investment company registered under Section 8 |
20 | | of the federal Investment Company Act of 1940 (15 U.S.C. |
21 | | 80a-8). |
22 | | (3)
A collective investment trust organized by a bank |
23 | | under 12 CFR 9.18. |
24 | | (4)
A closed-end investment trust registered with the |
25 | | United States Securities and Exchange Commission. |
26 | | (5)
A chartered or licensed life insurance company or |
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1 | | a property and casualty insurance company. |
2 | | (6)
A federal or State bank. |
3 | | (7)
An investment advisor registered under the federal |
4 | | Investment Advisers Act of 1940 ( 15 U.S.C. 80b-1 et |
5 | | seq.). |
6 | | (8) Any other person the Commission determines for |
7 | | reasons consistent with this Act. |
8 | | "Kief" means the resinous crystal-like trichomes that are |
9 | | found on cannabis and that are accumulated, resulting in a |
10 | | higher concentration of cannabinoids, untreated by heat or |
11 | | pressure, or extracted using a solvent. |
12 | | "Labor peace agreement" means an agreement between a |
13 | | cannabis business establishment and any labor organization |
14 | | recognized under the National Labor Relations Act, referred to |
15 | | in this Act as a bona fide labor organization, that prohibits |
16 | | labor organizations and members from engaging in picketing, |
17 | | work stoppages, boycotts, and any other economic interference |
18 | | with the cannabis business establishment. This agreement means |
19 | | that the cannabis business establishment has agreed not to |
20 | | disrupt efforts by the bona fide labor organization to |
21 | | communicate with, and attempt to organize and represent, the |
22 | | cannabis business establishment's employees. The agreement |
23 | | shall provide a bona fide labor organization access at |
24 | | reasonable times to areas in which the cannabis business |
25 | | establishment's employees work, for the purpose of meeting |
26 | | with employees to discuss their right to representation, |
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1 | | employment rights under State law, and terms and conditions of |
2 | | employment. This type of agreement shall not mandate a |
3 | | particular method of election or certification of the bona |
4 | | fide labor organization. |
5 | | "Limited access area" means a room or other area under the |
6 | | control of a cannabis dispensing organization licensed under |
7 | | this Act and upon the licensed premises where cannabis sales |
8 | | occur with access limited to purchasers, dispensing |
9 | | organization owners and other dispensing organization agents, |
10 | | or service professionals conducting business with the |
11 | | dispensing organization, or, if sales to registered qualifying |
12 | | patients, caregivers, provisional patients, and Opioid |
13 | | Alternative Pilot Program participants licensed pursuant to |
14 | | Section 75-62 the Compassionate Use of Medical Cannabis |
15 | | Program Act are also permitted at the dispensary, registered |
16 | | qualifying patients, caregivers, provisional patients, and |
17 | | Opioid Alternative Pilot Program participants. |
18 | | "Loan" means a loan or debt support from a facility |
19 | | established through a financial intermediary agreement. |
20 | | "Member of an impacted family" means an individual who has |
21 | | a parent, legal guardian, child, spouse, or dependent, or was |
22 | | a dependent of an individual who, prior to the effective date |
23 | | of this Act, was arrested for, convicted of, or adjudicated |
24 | | delinquent for any offense that is eligible for expungement |
25 | | under this Act. |
26 | | "Mother plant" means a cannabis plant that is cultivated |
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1 | | or maintained for the purpose of generating clones, and that |
2 | | will not be used to produce plant material for sale to an |
3 | | infuser or dispensing organization. |
4 | | "Ordinary public view" means within the sight line with |
5 | | normal visual range of a person, unassisted by visual aids, |
6 | | from a public street or sidewalk adjacent to real property, or |
7 | | from within an adjacent property. |
8 | | "Ownership and control" means ownership of at least 51% of |
9 | | the business, including corporate stock if a corporation, and |
10 | | control over the management and day-to-day operations of the |
11 | | business and an interest in the capital, assets, and profits |
12 | | and losses of the business proportionate to percentage of |
13 | | ownership. |
14 | | "Person" means a natural individual, firm, partnership, |
15 | | association, joint stock company, joint venture, public or |
16 | | private corporation, limited liability company, or a receiver, |
17 | | executor, trustee, guardian, or other representative appointed |
18 | | by order of any court. |
19 | | "Possession limit" means the amount of cannabis under |
20 | | Section 10-10 that may be possessed at any one time by a person |
21 | | 21 years of age or older or who is a registered qualifying |
22 | | medical cannabis patient or caregiver under Article 75 the |
23 | | Compassionate Use of Medical Cannabis Program Act . |
24 | | "Principal officer" includes a cannabis business |
25 | | establishment applicant or licensed cannabis business |
26 | | establishment's board member, owner with more than 1% interest |
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1 | | of the total cannabis business establishment or more than 5% |
2 | | interest of the total cannabis business establishment of a |
3 | | publicly traded company, president, vice president, secretary, |
4 | | treasurer, partner, officer, member, manager member, or person |
5 | | with a profit sharing, financial interest, or revenue sharing |
6 | | arrangement. The definition includes a person with authority |
7 | | to control the cannabis business establishment, a person who |
8 | | assumes responsibility for the debts of the cannabis business |
9 | | establishment and who is further defined in this Act. |
10 | | "Primary residence" means a dwelling where a person |
11 | | usually stays or stays more often than other locations. It may |
12 | | be determined by, without limitation, presence, tax filings; |
13 | | address on an Illinois driver's license, an Illinois |
14 | | Identification Card, or an Illinois Person with a Disability |
15 | | Identification Card; or voter registration. No person may have |
16 | | more than one primary residence. |
17 | | "Processing organization" or "processor" means a facility |
18 | | operated by an organization or business that is licensed by |
19 | | the Commission Department of Agriculture to either extract |
20 | | constituent chemicals or compounds to produce cannabis |
21 | | concentrate or incorporate cannabis or cannabis concentrate |
22 | | into a product formulation to produce a cannabis product. |
23 | | "Processing organization agent" means a principal officer, |
24 | | board member, employee, or agent of a processing organization. |
25 | | "Processing organization agent identification card" means |
26 | | a document issued by the Commission Department of Agriculture |
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1 | | that identifies a person as a processing organization agent. |
2 | | "Purchaser" means a person 21 years of age or older who |
3 | | acquires cannabis for a valuable consideration. "Purchaser" |
4 | | does not include a cardholder under Article 75 the |
5 | | Compassionate Use of Medical Cannabis Program Act . |
6 | | "Qualifying Applicant" means an applicant that submitted |
7 | | an application pursuant to Section 15-30 that received at |
8 | | least 85% of 250 application points available under Section |
9 | | 15-30 as the applicant's final score and meets the definition |
10 | | of "Social Equity Applicant" as set forth under this Section. |
11 | | "Qualifying Social Equity Justice Involved Applicant" |
12 | | means an applicant that submitted an application pursuant to |
13 | | Section 15-30 that received at least 85% of 250 application |
14 | | points available under Section 15-30 as the applicant's final |
15 | | score and meets the criteria of either paragraph (1) or (2) of |
16 | | the definition of "Social Equity Applicant" as set forth under |
17 | | this Section. |
18 | | "Qualified Social Equity Applicant" means a Social Equity |
19 | | Applicant who has been awarded a conditional license under |
20 | | this Act to operate a cannabis business establishment. |
21 | | "Resided" means an individual's primary residence was |
22 | | located within the relevant geographic area as established by |
23 | | 2 of the following: |
24 | | (1) a signed lease agreement that includes the |
25 | | applicant's name; |
26 | | (2) a property deed that includes the applicant's |
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1 | | name; |
2 | | (3) school records; |
3 | | (4) a voter registration card; |
4 | | (5) an Illinois driver's license, an Illinois |
5 | | Identification Card, or an Illinois Person with a |
6 | | Disability Identification Card; |
7 | | (6) a paycheck stub; |
8 | | (7) a utility bill; |
9 | | (8) tax records; or |
10 | | (9) any other proof of residency or other information |
11 | | necessary to establish residence as provided by rule. |
12 | | "Smoking" means the inhalation of smoke caused by the |
13 | | combustion of cannabis. |
14 | | "Social Equity Applicant" means an applicant that is an |
15 | | Illinois resident that meets one of the following criteria: |
16 | | (1) an applicant with at least 51% ownership and |
17 | | control by one or more individuals who have resided for at |
18 | | least 5 of the preceding 10 years in a Disproportionately |
19 | | Impacted Area; |
20 | | (2) an applicant with at least 51% ownership and |
21 | | control by one or more individuals who:
|
22 | | (i) have been arrested for, convicted of, or |
23 | | adjudicated delinquent for any offense that is |
24 | | eligible for expungement under this Act; or
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25 | | (ii) is a member of an impacted family; |
26 | | (3) for applicants with a minimum of 10 full-time |
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1 | | employees, an applicant with at least 51% of current |
2 | | employees who: |
3 | | (i) currently reside in a Disproportionately |
4 | | Impacted Area; or |
5 | | (ii) have been arrested for, convicted of, or |
6 | | adjudicated delinquent for any offense that is |
7 | | eligible for expungement under this Act or member of |
8 | | an impacted family. |
9 | | Nothing in this Act shall be construed to preempt or limit |
10 | | the duties of any employer under the Job Opportunities for |
11 | | Qualified Applicants Act. Nothing in this Act shall permit an |
12 | | employer to require an employee to disclose sealed or expunged |
13 | | offenses, unless otherwise required by law. |
14 | | "Tied Applicant" means an application submitted by a |
15 | | Dispensary Applicant pursuant to Section 15-30 that received |
16 | | the same number of application points under Section 15-30 as |
17 | | the Dispensary Applicant's final score as one or more |
18 | | top-scoring applications in the same BLS Region and would have |
19 | | been awarded a license but for the one or more other |
20 | | top-scoring applications that received the same number of |
21 | | application points. Each application for which a Dispensary |
22 | | Applicant was required to pay a required application fee for |
23 | | the application period ending January 2, 2020 shall be |
24 | | considered an application of a separate Tied Applicant. |
25 | | "Tied Applicant Lottery" means the process established |
26 | | under 68 Ill. Adm. Code 1291.50 for awarding Conditional Adult |
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1 | | Use Dispensing Organization Licenses pursuant to Sections |
2 | | 15-25 and 15-30 among Eligible Tied Applicants. |
3 | | "Tincture" means a cannabis-infused solution, typically |
4 | | comprised of alcohol, glycerin, or vegetable oils, derived |
5 | | either directly from the cannabis plant or from a processed |
6 | | cannabis extract. A tincture is not an alcoholic liquor as |
7 | | defined in the Liquor Control Act of 1934. A tincture shall |
8 | | include a calibrated dropper or other similar device capable |
9 | | of accurately measuring servings. |
10 | | "Transporting organization" or "transporter" means an |
11 | | organization or business that is licensed by the Commission |
12 | | Department of Agriculture to transport cannabis or |
13 | | cannabis-infused product on behalf of a cannabis business |
14 | | establishment or a community college licensed under the |
15 | | Community
College Cannabis Vocational Training Pilot Program.
|
16 | | "Transporting organization agent" means a principal |
17 | | officer, board member, employee, or agent of a transporting |
18 | | organization. |
19 | | "Transporting organization agent identification card" |
20 | | means a document issued by the Commission Department of |
21 | | Agriculture that identifies a person as a transporting |
22 | | organization agent. |
23 | | "Unit of local government" means any county, city, |
24 | | village, or incorporated town. |
25 | | "Vegetative stage" means the stage of cultivation in which |
26 | | a cannabis plant is propagated to produce additional cannabis |
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1 | | plants or reach a sufficient size for production. This |
2 | | includes seedlings, clones, mothers, and other immature |
3 | | cannabis plants as follows: |
4 | | (1) if the cannabis plant is in an area that has not |
5 | | been intentionally deprived of light for a period of time |
6 | | intended to produce flower buds and induce maturation, it |
7 | | has no more than 2 stigmas visible at each internode of the |
8 | | cannabis plant; or |
9 | | (2) any cannabis plant that is cultivated solely for |
10 | | the purpose of propagating clones and is never used to |
11 | | produce cannabis.
|
12 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; |
13 | | 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff. |
14 | | 5-13-22.) |
15 | | (410 ILCS 705/5-5)
|
16 | | Sec. 5-5. Sharing of authority. Notwithstanding any |
17 | | provision of law to the contrary, on and after July 1, 2023 the |
18 | | Commission may enter into intergovernmental cooperation |
19 | | agreements with State departments that have any authority |
20 | | granted under this Act to carry out the functions, duties, and |
21 | | responsibilities of the Commission. The State departments |
22 | | shall collaborate and coordinate with the Commission to |
23 | | facilitate an efficient reorganization of the oversight and |
24 | | enforcement of the cannabis industry any authority granted to |
25 | | any State agency or State employees or appointees under the |
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1 | | Compassionate Use of Medical Cannabis Program Act shall be |
2 | | shared by any State agency or State employees or appointees |
3 | | given authority to license, discipline, revoke, regulate, or |
4 | | make rules under this Act .
|
5 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) |
6 | | (410 ILCS 705/5-10)
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7 | | Sec. 5-10. Department of Agriculture ; transfer of duties |
8 | | to the Cannabis Equity and Oversight Commission . |
9 | | (a) The Department of Agriculture shall administer and |
10 | | enforce provisions of this Act relating to the oversight and |
11 | | registration of cultivation centers, craft growers, infuser |
12 | | organizations, and transporting organizations and agents, |
13 | | including the issuance of identification cards and |
14 | | establishing limits on potency or serving size for cannabis or |
15 | | cannabis products. The Department of Agriculture may suspend |
16 | | or revoke the license of, or impose other penalties upon |
17 | | cultivation centers, craft growers, infuser organizations, |
18 | | transporting organizations, and their principal officers, |
19 | | Agents-in-Charge, and agents for violations of this Act and |
20 | | any rules adopted under this Act. |
21 | | (b) Notwithstanding subsection (a), all functions granted |
22 | | to the Department of Agriculture under subsection (a) are |
23 | | transferred to, and shall be carried out by, the Commission. |
24 | | The Department of Agriculture shall transfer all data and |
25 | | records of the Department that are related to its |
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1 | | administration of this Act to the Commission. The Commission |
2 | | has all authority previously granted to the Department of |
3 | | Agriculture to enforce this Act.
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4 | | (Source: P.A. 101-27, eff. 6-25-19.) |
5 | | (410 ILCS 705/5-15)
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6 | | Sec. 5-15. Department of Financial and Professional |
7 | | Regulation ; transfer of duties to the Cannabis Equity and |
8 | | Oversight Commission . |
9 | | (a) The Department of Financial and Professional |
10 | | Regulation shall enforce the provisions of this Act relating |
11 | | to the oversight and registration of dispensing organizations |
12 | | and agents, including the issuance of identification cards for |
13 | | dispensing organization agents. The Department of Financial |
14 | | and Professional Regulation may suspend or revoke the license |
15 | | of, or otherwise discipline dispensing organizations, |
16 | | principal officers, agents-in-charge, and agents for |
17 | | violations of this Act and any rules adopted under this Act. |
18 | | (b) Notwithstanding subsection (a), all functions granted |
19 | | to the Department of Financial and Professional Regulation |
20 | | under subsection (a) are transferred to, and shall be carried |
21 | | out by, the Commission. The Department of Financial and |
22 | | Professional Regulation shall transfer all data and records of |
23 | | the Department that are related to its administration of this |
24 | | Act to the Commission. The Commission has all authority |
25 | | previously granted to the Department of Financial and |
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1 | | Professional Regulation to enforce this Act.
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2 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) |
3 | | (410 ILCS 705/5-20)
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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 | | To the extent that the business structure of the applicant |
11 | | or licensee allows, and except for an institutional investor |
12 | | who is exempt under this subsection, the background check |
13 | | shall be conducted for any, all, or any combination of the |
14 | | following, as the Commission reasonably deems appropriate or |
15 | | as provided by rule for each category of licensure: |
16 | | (1) A beneficiary of a trust. |
17 | | (2) A partner of a partnership. |
18 | | (3) A member of a limited liability company. |
19 | | (4) A director or officer of a publicly or nonpublicly |
20 | | held corporation. |
21 | | (5) A stockholder in a nonpublicly held corporation. |
22 | | (6) A stockholder of a publicly held corporation who |
23 | | owns 5% or more of the corporation. |
24 | | Except for an institutional investor who is exempt under |
25 | | this subsection, a person seeking or possessing a license as a |
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1 | | cultivation center, craft grower, infuser organization, |
2 | | dispensing organization, or transporting organization shall |
3 | | disclose the identity of every person, association, trust, |
4 | | corporation, or limited liability company having a direct or |
5 | | indirect pecuniary interest in the cannabis business operation |
6 | | for which the license is sought that is greater than 5%. If the |
7 | | disclosed entity is a trust, the application shall disclose |
8 | | the name and address of each beneficiary of the trust. If the |
9 | | disclosed entity is a corporation, the application shall |
10 | | disclose the name and address of each stockholder and director |
11 | | of the corporation. If the disclosed entity is a limited |
12 | | liability company, the application shall disclose the name and |
13 | | address of each member of the limited liability company. If |
14 | | the disclosed entity is a partnership, the application shall |
15 | | disclose the name and address of each partner of the |
16 | | partnership, whether general or limited. |
17 | | A business entity that is an institutional investor may |
18 | | submit a disclosure form provided by the Commission in lieu of |
19 | | being subject to a background check under this Section if the |
20 | | institutional investor:
(i) submits the disclosure form no |
21 | | more than 45 days after, or as otherwise provided by the |
22 | | Commission, the institutional investor individually, jointly, |
23 | | or cumulatively acquires, directly or indirectly, at least 5% |
24 | | but less than 25% of any class of publicly traded security |
25 | | issued by a corporate applicant or licensee or parent or |
26 | | subsidiary company of an applicant or licensee;
(ii) holds or |
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1 | | controls publicly traded securities issued by a corporate |
2 | | applicant or licensee or parent or subsidiary company of an |
3 | | applicant or licensee in the ordinary course of business and |
4 | | for investment purposes only; and
(iii) does not exercise or |
5 | | intend to exercise influence or control over the affairs of |
6 | | the publicly traded securities issued by a corporate applicant |
7 | | or licensee, parent or subsidiary company of an applicant or |
8 | | licensee, or heir affiliates. |
9 | | If an institutional investor is exempt from a background |
10 | | check under this subsection and intends, after submitting a |
11 | | disclosure under this subsection, to exercise influence or
|
12 | | control over the affairs of a corporate applicant or licensee, |
13 | | parent or subsidiary company of an applicant or licensee, or |
14 | | the affiliate of such an applicant or licensee of who issues |
15 | | publicly traded securities, the institutional investor shall |
16 | | provide not less than 30 days' notice of that intent and shall |
17 | | submit to any background check of the institutional investor |
18 | | initiated under this Section before taking any action that may |
19 | | influence or control the affairs of the issuer of those |
20 | | securities or the issuer's affiliates. For purposes of this |
21 | | subsection, an institutional investor exercising a voting |
22 | | privilege on a matter put to the vote of outstanding security |
23 | | holders does not exercise or intend to exercise influence or |
24 | | control over the affairs of the issuer of those securities. |
25 | | Each cannabis business establishment prospective principal |
26 | | officer, board member, or agent shall submit his or her |
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1 | | fingerprints to the Illinois State Police in the form and |
2 | | manner prescribed by the Illinois State Police. |
3 | | Unless otherwise provided in this Act, such fingerprints |
4 | | shall be transmitted through a live scan fingerprint vendor |
5 | | licensed by the Department of Financial and Professional |
6 | | Regulation. These fingerprints shall be checked against the |
7 | | fingerprint records now and hereafter filed in the Illinois |
8 | | State Police and Federal Bureau of Investigation criminal |
9 | | history records databases. The Illinois State Police shall |
10 | | charge a fee for conducting the criminal history record check, |
11 | | which shall be deposited into the State Police Services Fund |
12 | | and shall not exceed the actual cost of the State and national |
13 | | criminal history record check. The Illinois State Police shall |
14 | | furnish, pursuant to positive identification, all Illinois |
15 | | conviction information and shall forward the national criminal |
16 | | history record information to the Commission. : |
17 | | (i) the Department of Agriculture, with respect to a |
18 | | cultivation center, craft grower, infuser organization, or |
19 | | transporting organization; or |
20 | | (ii) the Department of Financial and Professional |
21 | | Regulation, with respect to a dispensing organization. |
22 | | (b) When applying for the initial license or |
23 | | identification card, the background checks for all prospective |
24 | | principal officers, board members, and agents shall be |
25 | | completed before submitting the application to the licensing |
26 | | or issuing agency. |
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1 | | (c) All applications for licensure under this Act by |
2 | | applicants with criminal convictions shall be subject to |
3 | | Sections 2105-131, 2105-135, and 2105-205 of the Department of |
4 | | Professional Regulation Law of the Civil Administrative Code |
5 | | of Illinois.
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6 | | (d) Notwithstanding any other provision of law, all |
7 | | authority granted to the Illinois State Police, including, but |
8 | | not limited to, conducting random inspections and |
9 | | investigations, provided under Sections 15-135, 25-30, 30-30, |
10 | | 35-25, 40-25, and 55-15 of this Act and Sections 105 and 130 of |
11 | | the Compassionate Use of Medical Cannabis Program Act are |
12 | | transferred to the Commission. The Illinois State Police shall |
13 | | transfer all data and records of the Illinois State Police |
14 | | that are related to its administration of this Act to the |
15 | | Commission. |
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 705/5-25) |
19 | | (Text of Section before amendment by P.A. 102-1006 )
|
20 | | Sec. 5-25. Department of Public Health to make health |
21 | | warning recommendations. |
22 | | (a) The Department of Public Health shall make |
23 | | recommendations to the Department of Agriculture and the |
24 | | Department of Financial and Professional Regulation on |
25 | | appropriate health warnings for dispensaries and advertising, |
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1 | | which may apply to all cannabis products, including item-type |
2 | | specific labeling or warning requirements, regulate the |
3 | | facility where cannabis-infused products are made, regulate |
4 | | cannabis-infused products as provided in subsection (e) of |
5 | | Section 55-5, and facilitate the Adult Use Cannabis Health |
6 | | Advisory Committee. |
7 | | (b) An Adult Use Cannabis Health Advisory Committee is |
8 | | hereby created and shall meet at least twice annually. The |
9 | | Chairperson may schedule meetings more frequently upon his or |
10 | | her initiative or upon the request of a Committee member. |
11 | | Meetings may be held in person or by teleconference. The |
12 | | Committee shall discuss and monitor changes in drug use data |
13 | | in Illinois and the emerging science and medical information |
14 | | relevant to the health effects associated with cannabis use |
15 | | and may provide recommendations to the Department of Human |
16 | | Services about public health awareness campaigns and messages. |
17 | | The Committee shall include the following members appointed by |
18 | | the Governor and shall represent the geographic, ethnic, and |
19 | | racial diversity of the State: |
20 | | (1) The Director of Public Health, or his or her |
21 | | designee, who shall serve as the Chairperson. |
22 | | (2) The Secretary of Human Services, or his or her |
23 | | designee, who shall serve as the Co-Chairperson. |
24 | | (3) A representative of the poison control center. |
25 | | (4) A pharmacologist. |
26 | | (5) A pulmonologist. |
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1 | | (6) An emergency room physician. |
2 | | (7) An emergency medical technician, paramedic, or |
3 | | other first responder. |
4 | | (8) A nurse practicing in a school-based setting. |
5 | | (9) A psychologist. |
6 | | (10) A neonatologist. |
7 | | (11) An obstetrician-gynecologist. |
8 | | (12) A drug epidemiologist. |
9 | | (13) A medical toxicologist. |
10 | | (14) An addiction psychiatrist. |
11 | | (15) A pediatrician. |
12 | | (16) A representative of a statewide professional |
13 | | public health organization. |
14 | | (17) A representative of a statewide hospital/health |
15 | | system association. |
16 | | (18) An individual registered as a patient in the |
17 | | Compassionate Use of Medical Cannabis Program. |
18 | | (19) An individual registered as a caregiver in the |
19 | | Compassionate Use of Medical Cannabis Program. |
20 | | (20) A representative of an organization focusing on |
21 | | cannabis-related policy. |
22 | | (21) A representative of an organization focusing on |
23 | | the civil liberties of individuals who reside in Illinois. |
24 | | (22) A representative of the criminal defense or civil |
25 | | aid community of attorneys serving Disproportionately |
26 | | Impacted Areas. |
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1 | | (23) A representative of licensed cannabis business |
2 | | establishments. |
3 | | (24) A Social Equity Applicant. |
4 | | (25) A representative of a statewide community-based |
5 | | substance use disorder treatment provider association. |
6 | | (26) A representative of a statewide community-based |
7 | | mental health treatment provider association. |
8 | | (27) A representative of a community-based substance |
9 | | use disorder treatment provider. |
10 | | (28) A representative of a community-based mental |
11 | | health treatment provider. |
12 | | (29) A substance use disorder treatment patient |
13 | | representative. |
14 | | (30) A mental health treatment patient representative. |
15 | | (c) The Committee shall provide a report by September 30, |
16 | | 2021, and every year thereafter, to the General Assembly. The |
17 | | Department of Public Health shall make the report available on |
18 | | its website.
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19 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) |
20 | | (Text of Section after amendment by P.A. 102-1006 ) |
21 | | Sec. 5-25. Department of Public Health to make health |
22 | | warning recommendations. |
23 | | (a) The Department of Public Health shall make |
24 | | recommendations to the Commission Department of Agriculture |
25 | | and the Department of Financial and Professional Regulation on |
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1 | | appropriate health warnings for dispensaries and advertising, |
2 | | which may apply to all cannabis products, including item-type |
3 | | specific labeling or warning requirements, regulate the |
4 | | facility where cannabis-infused products are made, regulate |
5 | | cannabis-infused products as provided in subsection (e) of |
6 | | Section 55-5, and facilitate the Adult Use Cannabis Health |
7 | | Advisory Committee. |
8 | | (b) An Adult Use Cannabis Health Advisory Committee is |
9 | | hereby created and shall meet at least twice annually. The |
10 | | Chairperson may schedule meetings more frequently upon his or |
11 | | her initiative or upon the request of a Committee member. |
12 | | Meetings may be held in person or by teleconference. The |
13 | | Committee shall discuss and monitor changes in drug use data |
14 | | in Illinois and the emerging science and medical information |
15 | | relevant to the health effects associated with cannabis use |
16 | | and may provide recommendations to the Department of Human |
17 | | Services and the Commission about public health awareness |
18 | | campaigns and messages. The Committee shall include the |
19 | | following members appointed by the Governor and shall |
20 | | represent the geographic, ethnic, and racial diversity of the |
21 | | State: |
22 | | (1) The Director of Public Health, or his or her |
23 | | designee, who shall serve as the Chairperson. |
24 | | (2) The Secretary of Human Services, or his or her |
25 | | designee, who shall serve as the Co-Chairperson. |
26 | | (3) A representative of the poison control center. |
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1 | | (4) A pharmacologist. |
2 | | (5) A pulmonologist. |
3 | | (6) An emergency room physician. |
4 | | (7) An emergency medical technician, paramedic, |
5 | | emergency medical dispatcher, or other first responder. |
6 | | (8) A nurse practicing in a school-based setting. |
7 | | (9) A psychologist. |
8 | | (10) A neonatologist. |
9 | | (11) An obstetrician-gynecologist. |
10 | | (12) A drug epidemiologist. |
11 | | (13) A medical toxicologist. |
12 | | (14) An addiction psychiatrist. |
13 | | (15) A pediatrician. |
14 | | (16) A representative of a statewide professional |
15 | | public health organization. |
16 | | (17) A representative of a statewide hospital/health |
17 | | system association. |
18 | | (18) An individual registered as a patient in the |
19 | | Compassionate Use of Medical Cannabis Program. |
20 | | (19) An individual registered as a caregiver in the |
21 | | Compassionate Use of Medical Cannabis Program. |
22 | | (20) A representative of an organization focusing on |
23 | | cannabis-related policy. |
24 | | (21) A representative of an organization focusing on |
25 | | the civil liberties of individuals who reside in Illinois. |
26 | | (22) A representative of the criminal defense or civil |
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1 | | aid community of attorneys serving Disproportionately |
2 | | Impacted Areas. |
3 | | (23) A representative of licensed cannabis business |
4 | | establishments. |
5 | | (24) A Social Equity Applicant. |
6 | | (25) A representative of a statewide community-based |
7 | | substance use disorder treatment provider association. |
8 | | (26) A representative of a statewide community-based |
9 | | mental health treatment provider association. |
10 | | (27) A representative of a community-based substance |
11 | | use disorder treatment provider. |
12 | | (28) A representative of a community-based mental |
13 | | health treatment provider. |
14 | | (29) A substance use disorder treatment patient |
15 | | representative. |
16 | | (30) A mental health treatment patient representative. |
17 | | (c) The Committee shall provide a report by September 30, |
18 | | 2021, and every year thereafter, to the Commission and the |
19 | | General Assembly. The Department of Public Health shall make |
20 | | the report available on its website.
|
21 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; |
22 | | 102-1006, eff. 1-1-23.) |
23 | | (410 ILCS 705/5-30)
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24 | | Sec. 5-30. Department of Human Services. The Department of |
25 | | Human Services shall identify evidence-based programs for |
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1 | | preventive mental health, the prevention or treatment of |
2 | | alcohol abuse, tobacco use, illegal drug use (including |
3 | | prescription drugs), and cannabis use by pregnant women, and |
4 | | make policy recommendations, as appropriate, to the Adult Use |
5 | | Cannabis Health Advisory Committee and the Commission . The |
6 | | Department of Human Services shall develop and disseminate |
7 | | educational materials for purchasers based on recommendations |
8 | | received from the Department of Public Health , the Commission, |
9 | | and the Adult Use Cannabis Health Advisory Committee. |
10 | | Beginning July 1, 2023, the Commission may also develop and |
11 | | disseminate educational materials.
|
12 | | (Source: P.A. 101-27, eff. 6-25-19.) |
13 | | (410 ILCS 705/5-45)
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14 | | Sec. 5-45. Illinois Cannabis Regulation Oversight Officer. |
15 | | (a) (Blank). The position of Illinois Cannabis Regulation |
16 | | Oversight Officer is created within the Department of |
17 | | Financial and Professional Regulation under the Secretary of |
18 | | Financial and Professional Regulation. The Cannabis Regulation |
19 | | Oversight Officer serves a coordinating role among State |
20 | | agencies regarding this Act and the Compassionate Use of |
21 | | Medical Cannabis Program Act. The Illinois Cannabis Regulation |
22 | | Oversight Officer shall be appointed by the Governor with the |
23 | | advice and consent of the Senate. The term of office of the |
24 | | Officer shall expire on the third Monday of January in |
25 | | odd-numbered years provided that he or she shall hold office |
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1 | | until a successor is appointed and qualified. In case of |
2 | | vacancy in office during the recess of the Senate, the |
3 | | Governor shall make a temporary appointment until the next |
4 | | meeting of the Senate, when the Governor shall nominate some |
5 | | person to fill the office, and any person so nominated who is |
6 | | confirmed by the Senate shall hold office during the remainder |
7 | | of the term and until his or her successor is appointed and |
8 | | qualified. |
9 | | (b) (Blank). The Illinois Cannabis Regulation Oversight |
10 | | Officer has the authority to: |
11 | | (1) maintain a staff; |
12 | | (2) make recommendations for administrative and |
13 | | statutory changes; |
14 | | (3) collect data both in Illinois and outside Illinois |
15 | | regarding the regulation of cannabis; |
16 | | (4) compile or assist in the compilation of any |
17 | | reports required by this Act; |
18 | | (5) ensure the coordination of efforts between various |
19 | | State agencies involved in regulating and taxing the sale |
20 | | of cannabis in Illinois; and |
21 | | (6) encourage, promote, suggest, and report best |
22 | | practices for ensuring diversity in the cannabis industry |
23 | | in Illinois. |
24 | | (c) (Blank). The Illinois Cannabis Regulation Oversight |
25 | | Officer and the Officer's staff shall not: |
26 | | (1) participate in the issuance or award of any |
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1 | | cannabis business establishment license; or |
2 | | (2) participate in discipline related to any cannabis |
3 | | business establishment. |
4 | | The Illinois Cannabis Regulation Officer is not prohibited |
5 | | from coordinating with and making recommendations to agencies |
6 | | regarding licensing and disciplinary policies and procedures. |
7 | | (d) (Blank). Any funding required for the Illinois |
8 | | Cannabis Regulation Oversight Officer, its staff, or its |
9 | | activities shall be drawn from the Cannabis Regulation Fund. |
10 | | (e) The Commission, by and through its Executive Director, |
11 | | Illinois Cannabis Regulation Oversight Officer shall |
12 | | commission and publish one or more disparity and availability |
13 | | studies that: (1) evaluates whether there exists |
14 | | discrimination in the State's cannabis industry; and (2) if |
15 | | so, evaluates the impact of such discrimination on the State |
16 | | and includes recommendations to the Commission Department of |
17 | | Financial and Professional Regulation and the Department of |
18 | | Agriculture for reducing or eliminating any identified |
19 | | barriers to entry in the cannabis market. Such disparity and |
20 | | availability studies shall examine each license type issued |
21 | | pursuant to Sections 15-25, 15-30.1, or 15-35.20, subsection |
22 | | (a) of Section 30-5, or subsection (a) of Section 35-5, and |
23 | | shall be initiated within 180 days from the issuance of the |
24 | | first of each license authorized by those Sections. The |
25 | | results of each disparity and availability study shall be |
26 | | reported to the General Assembly and the Governor no later |
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1 | | than 12 months after the commission of each study. |
2 | | The Illinois Cannabis Regulation Oversight Officer shall |
3 | | forward a copy of its findings and recommendations to the |
4 | | Commission Department of Financial and Professional |
5 | | Regulation, the Department of Agriculture , the Department of |
6 | | Commerce and Economic Opportunity, the General Assembly, and |
7 | | the Governor. |
8 | | (f) The Illinois Cannabis Regulation Oversight Officer may |
9 | | compile, collect, or otherwise gather data necessary for the |
10 | | administration of this Act and to carry out the Officer's duty |
11 | | relating to the recommendation of policy changes. The |
12 | | Commission Illinois Cannabis Regulation Oversight Officer may |
13 | | direct the Department of Agriculture, Department of Financial |
14 | | and Professional Regulation, Department of Public Health, |
15 | | Department of Human Services, and Department of Commerce and |
16 | | Economic Opportunity to assist in the compilation, collection, |
17 | | and data gathering authorized pursuant to this subsection. The |
18 | | Illinois Cannabis Regulation Oversight Officer shall compile |
19 | | all of the data into a single report and submit the report to |
20 | | the Governor and the General Assembly and publish the report |
21 | | on its website.
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22 | | (Source: P.A. 101-27, eff. 6-25-19; 102-98, eff. 7-15-21.) |
23 | | (410 ILCS 705/5-50 new) |
24 | | Sec. 5-50. Cannabis Equity and Oversight Commission. |
25 | | (a) The Cannabis Equity and Oversight Commission is |
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1 | | created as an independent commission. The Commission shall |
2 | | implement, direct, and oversee this Act and the Industrial |
3 | | Hemp Act. Any State agency or official involved in the |
4 | | regulation of medical cannabis, adult use cannabis, or |
5 | | industrial hemp shall report to the Commission. Within 6 |
6 | | months after the effective date of this amendatory Act of the |
7 | | 103rd General Assembly, all authority, information, documents, |
8 | | databases, and necessary information relating to the |
9 | | administration of this Act, including the Compassionate Use of |
10 | | Medical Cannabis Program, and the Industrial Hemp Program |
11 | | shall be transferred to the Commission by the Department of |
12 | | Financial and Professional Regulation, the Department of |
13 | | Agriculture, the Department of Public Health, the Department |
14 | | of Commerce and Economic Opportunity, and the Illinois State |
15 | | Police. For the purpose of the succession of all functions, |
16 | | powers, duties, and obligations transferred, assigned to, |
17 | | devolved upon, and assumed by the Commission pursuant to this |
18 | | amendatory Act of the 103rd General Assembly, the Commission |
19 | | shall be deemed and held to constitute the continuation of the |
20 | | Compassionate Use of Medical Cannabis Program and adult-use |
21 | | cannabis program. |
22 | | (b) Members of the Commission shall be appointed as |
23 | | follows: |
24 | | (1) Two members appointed by the Governor. |
25 | | (2) One member appointed by the President of the |
26 | | Senate. |
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1 | | (3) One member appointed by the Minority Leader of the |
2 | | Senate. |
3 | | (4) One member appointed by the Speaker of the House |
4 | | of Representatives. |
5 | | (5) One member appointed by the Minority Leader of the |
6 | | House of Representatives. |
7 | | (6) One member appointed by the Attorney General. |
8 | | The initial Commissioners shall be appointed to act as |
9 | | Commissioners within 90 days after the effective date of this |
10 | | amendatory Act of the 103rd General Assembly. Commissioners |
11 | | shall serve for a 5-year term. However, the term for the |
12 | | initial Commissioners appointed under paragraphs (3) through |
13 | | (5) of this subsection shall be 2 and one half years. Members |
14 | | subsequently appointed made under paragraphs (3) through (5) |
15 | | of this subsection shall serve a 5-year term. A Commissioners |
16 | | may serve no more than 2 terms. |
17 | | No more than 4 members of the Commission shall have an |
18 | | affiliation with any one political party. |
19 | | The composition of members of the Commission shall include |
20 | | members meeting the following qualifications:
(i) experience |
21 | | and expertise in representation and advocacy in a business |
22 | | trade organization within the Illinois cannabis industry;
(ii) |
23 | | experience and expertise in cannabis business operations |
24 | | regulated under this Act;
(iii) experience and expertise in |
25 | | laws and regulations relating to cannabis;
(iv) experience and |
26 | | expertise in current or former business ownership within a |
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1 | | regulated industry not regulated under this Act or the |
2 | | Industrial Hemp Act;
(v) experience and expertise in corporate |
3 | | finance and auditing, general finance, or economics;
(vi) a |
4 | | licensed attorney with specific knowledge of investigations |
5 | | and enforcement over unlicensed activity; and
(vii) a licensed |
6 | | physician registered to certify medical cannabis for |
7 | | qualifying patients under this Act or a State-licensed medical |
8 | | cannabis program. |
9 | | If a vacancy in the Commissioners occurs while the Senate |
10 | | or the House of Representatives is not in Session, the |
11 | | Governor shall make a temporary appointment until the Senate |
12 | | and the House of Representatives are next called into session. |
13 | | The appointee shall hold his or her office during the |
14 | | remainder of his or her term and until his or her successor is |
15 | | appointed. |
16 | | A majority of the Commissioners shall constitute a quorum |
17 | | to transact business, but no vacancy shall impair the right of |
18 | | the remaining Commissioners to exercise all of the powers of |
19 | | the Commission. Every act of a majority of the Commissioners |
20 | | shall be deemed to be the act of the Commission. The Commission |
21 | | shall keep a record of all proceedings, transactions, |
22 | | communications, and official acts of the Commission and who |
23 | | shall serve as a custodian of all records and perform such |
24 | | other duties as the Commission may prescribe. |
25 | | (c) Within 180 days after the effective date of this |
26 | | amendatory act of the 103rd General Assembly, the Commission |
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1 | | shall by a majority vote appoint and hire an Executive |
2 | | Director. Each Commissioner and the Executive Director shall |
3 | | take and subscribe to the constitutional oath of office before |
4 | | entering upon the duties of the office. The Executive Director |
5 | | shall serve at the direction of the Commission and shall be |
6 | | authorized to grant provisional approval, pending approval by |
7 | | the Commission, in the following areas: |
8 | | (1) Acting upon a change in the location of a |
9 | | licensee. |
10 | | (2) Acting upon a change in the ownership of a |
11 | | licensee. |
12 | | (3) Granting a waiver of any rule or regulation |
13 | | determined by the Executive Director to be excessive, |
14 | | duplicative, detrimental to job creation, or any barrier |
15 | | to the reasonable operation of a cannabis business |
16 | | establishment or licensee under the Industrial Hemp Act |
17 | | (d) The Commission, in consultation with or by |
18 | | recommendation of the Executive Director, shall hire and |
19 | | employ a staff of inspectors, clerks, auditors, or other |
20 | | employees deemed appropriate to carry out the Commission's |
21 | | duties and responsibilities. To the extent practicable, the |
22 | | Commission may seek to give employees who perform similar |
23 | | cannabis regulatory duties in positions at the Department of |
24 | | Financial and Professional Regulation, the Department of |
25 | | Agriculture, or the Illinois State Police an offer of |
26 | | employment within the Commission's staff. |
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1 | | The Chairperson of the Commission shall receive an annual |
2 | | salary of $165,000. The other Commissioners shall receive an |
3 | | annual salary of $150,000. The Executive Director of the |
4 | | Commission shall receive an annual salary of $175,000. All |
5 | | clerks, inspectors, and employees of the Commission shall |
6 | | receive reasonable compensation in an amount fixed by the |
7 | | Commission, subject to the approval in writing of the |
8 | | Governor. The status and rights of a transferred employee, and |
9 | | the rights of the State of Illinois and its agencies, under the |
10 | | Personnel Code and applicable collective bargaining agreements |
11 | | or under any pension, retirement, or annuity plan are not |
12 | | affected (except as provided in Sections 14-110 and 18-127 of |
13 | | the Illinois Pension Code) by that transfer or by any other |
14 | | provision of this amendatory Act of the 103rd General |
15 | | Assembly. |
16 | | No Commissioner, Executive Director, or person appointed |
17 | | or employed by the Commission shall solicit or accept any |
18 | | gift, gratuity, emolument, or employment from any person |
19 | | subject to the provisions of this Act, or from any officer, |
20 | | agent, or employee thereof, nor solicit, request from, or |
21 | | recommend, directly or indirectly, to any such person. Every |
22 | | officer, agent, or employee thereof is hereby forbidden to |
23 | | offer to any Commissioner, Executive Director, or to any |
24 | | person appointed or employed by the Commission any gift, |
25 | | gratuity, emolument, or employment. If any Commissioner, |
26 | | Executive Director, or any person appointed or employed by the |
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1 | | Commission shall violate any of the provisions of this |
2 | | Section, that person shall be removed from the office or |
3 | | employment they hold. A person who violates the provisions of |
4 | | this Section shall be guilty of a Class A misdemeanor. |
5 | | All staff hired by the Commission to carry out the |
6 | | Commission's duties shall report directly to the Executive |
7 | | Director, except where the Executive Director, at his or her |
8 | | discretion, requires a particular staff position to report |
9 | | directly to the Commission. |
10 | | The Governor shall designate a Commissioner to serve as |
11 | | chairperson of the Commission during his or her the term of |
12 | | appointment and until a successor is appointed. The |
13 | | Chairperson shall serve as the Chief Executive Officer of the |
14 | | Commission for the purpose of ensuring that the Commission's |
15 | | policies are properly executed. |
16 | | Each Commissioner shall serve until a successor is |
17 | | appointed and qualified, except that if the Senate refuses to |
18 | | consent to the appointment of any Commissioner, such office |
19 | | shall be deemed vacant, and within 2 weeks of the date the |
20 | | Senate refuses to consent to the reappointment of any |
21 | | Commissioner, such Commissioner shall vacate such office. |
22 | | At least one Commissioner shall be an individual formerly |
23 | | incarcerated for drug-related offenses or is a member of an |
24 | | impacted family. At least one Commissioner shall reside in a |
25 | | Disproportionately Impacted Area. At least one Commissioner |
26 | | shall meet at least one of the following qualifications: |
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1 | | (1) A business owner in a regulated industry that is |
2 | | not regulated under this Act. |
3 | | (2) A medical professional with a background in |
4 | | substance use and abuse, mental health, or toxicology. |
5 | | (3) A background in legal, policy, or social justice |
6 | | issues. |
7 | | Each Commissioner and the Executive Director, and each |
8 | | person appointed by the Commission, shall, before entering |
9 | | upon the duties of their office, take and subscribe to the |
10 | | constitutional oath of office. The Executive Director and each |
11 | | inspector, clerk, and other employee shall devote his or her |
12 | | entire time to the duties of their office. |
13 | | No person appointed as a Commissioner, Executive Director, |
14 | | inspector, or other employee may, directly, individually, or |
15 | | as a member of a partnership, or as a shareholder of a |
16 | | corporation, have any financial interest whatsoever in the |
17 | | manufacture, sale, or distribution of cannabis, nor receive |
18 | | any compensation or profit therefrom, nor have any interest |
19 | | whatsoever in the purchase or sale made by the persons |
20 | | authorized to do so under this Act. No provision of this |
21 | | Section shall prevent any Commissioner, Executive Director, |
22 | | inspector, or other employee from purchasing and keeping in |
23 | | his or her possession for their use or use of members of their |
24 | | family or guest any cannabis product that may be purchased or |
25 | | kept by any person by virtue of this Act. |
26 | | The Commission shall administer and enforce the provisions |
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1 | | of this Act relating to the oversight, licensing, |
2 | | registration, and certification of dispensing organizations, |
3 | | cultivation centers, craft growers, infuser organizations, |
4 | | transporting organizations, laboratories, and agents, |
5 | | including, but not limited to, the issuance of identification |
6 | | cards and establishing limits on the potency or serving size |
7 | | of cannabis or cannabis products. The Commission may suspend |
8 | | or revoke the license of, or impose other penalties upon, |
9 | | dispensing organizations, cultivation centers, craft growers, |
10 | | infuser organizations, transporting organizations, |
11 | | laboratories, and their principal officers, agents-in-charge, |
12 | | and agents for violations of this Act or any rules adopted |
13 | | under this Act. |
14 | | (d-5) The Commission, in consultation with or by |
15 | | recommendation of the Executive Director, shall establish an |
16 | | Enforcement and Prosecutions Unit staffed by persons hired and |
17 | | employed by the Commission to act as inspectors, clerks, |
18 | | auditors, or other employees deemed appropriate to inspect, |
19 | | investigate, and take administrative or enforcement actions |
20 | | regarding violations of this Act, including, but not limited |
21 | | to, violations committed by a person licensed under this Act |
22 | | or who engages in the cultivation, production, distribution, |
23 | | sale, offering for sale, advertising, distribution, delivery, |
24 | | or transport of cannabis without a license under this Act. The |
25 | | Executive Director shall hire a Lead Inspector of the |
26 | | Enforcement and Prosecutions Unit. The Lead Inspector shall |
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1 | | report to the Commission and work in consultation with the |
2 | | Executive Director. The Enforcement and Prosecutions Unit's |
3 | | staff shall report to the Executive Director. The Executive |
4 | | Director may enter into intergovernmental agreements with the |
5 | | Attorney General, the Illinois State Police, or other State or |
6 | | local governmental agencies to carry out the Enforcement and |
7 | | Prosecutions Unit's duties. |
8 | | (e) To provide for the expeditious and timely |
9 | | implementation of the provisions of this amendatory Act of the |
10 | | 103rd General Assembly, the Commission may adopt emergency |
11 | | rules in accordance with Section 5-45 by the of the Illinois |
12 | | Administrative Procedure Act. The adoption of emergency rules |
13 | | authorized by Section 5-45 and this Section is deemed to be |
14 | | necessary for the public interest, safety, and welfare. |
15 | | This subsection is inactive one year after the effective |
16 | | date of this amendatory Act of the 103rd General Assembly. |
17 | | (f) The Commission shall have following powers, functions, |
18 | | and duties: |
19 | | (1) To administer and enforce provisions of this Act |
20 | | relating to the oversight, licensing, and registration of |
21 | | dispensing organizations, cultivation centers, craft |
22 | | growers, infuser organizations, transporting |
23 | | organizations, and laboratories as well as any other |
24 | | activity related to cannabis. |
25 | | (2) To suspend or revoke the license of or otherwise |
26 | | discipline dispensing organizations, cultivation centers, |
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1 | | craft growers, infuser organizations, transporting |
2 | | organizations, and laboratories. |
3 | | (3) To administer the Community College Cannabis |
4 | | Vocational Pilot Program under Article 25. |
5 | | (4) To establish by rule any fee required, including, |
6 | | but not limited to, fees for cannabis business |
7 | | establishments. |
8 | | (5) To call upon other administrative departments of |
9 | | the State, county and municipal governments, city police |
10 | | departments, and prosecuting officers for such information |
11 | | and assistance as the Commission deems necessary in the |
12 | | performance of its duties. |
13 | | (6) To establish market protections that protect |
14 | | against unfair business practices, including, but not |
15 | | limited to, price fixing, bid rigging, boycotts, |
16 | | agreements to not compete, exclusive wholesale |
17 | | arrangements for cannabis concentrate, cannabis flower, |
18 | | cannabis infused products, and any product that is |
19 | | licensed under this Act to ensure all license types have |
20 | | equal access to the market without unfair competition. |
21 | | (7) To establish market protections that protect |
22 | | against unfair business practices and reduce or eliminate |
23 | | any identified barriers to entry in the cannabis market |
24 | | for cannabis business establishments owned by Social |
25 | | Equity applicants and owners who qualify as Social Equity |
26 | | applicants. |
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1 | | (8) To establish requirements for cannabis business |
2 | | establishments and any other licenses, by rule, related to |
3 | | public safety, including, but not limited to, |
4 | | recordkeeping, security, destruction and disposal of |
5 | | cannabis, storage, inventory, point of sale technology, or |
6 | | operating procedures. |
7 | | (9) To inspect, or cause to be inspected, randomly and |
8 | | without prior notice any premises of cannabis business |
9 | | establishments. |
10 | | (10) To amend or expand the definition of a Social |
11 | | Equity Applicant under this Act. |
12 | | (11) To develop a noncompetitive application and |
13 | | selection process for licensing cannabis business |
14 | | establishments that may be similar to licensing under the |
15 | | Illinois Liquor Control Act. |
16 | | (12) To develop and disseminate educational materials |
17 | | for purchasers based on recommendations received from the |
18 | | Adult Use Cannabis Health Advisory Committee. The |
19 | | Commission shall collaborate with the Department of Human |
20 | | Services, the Department of Public Health, and the Adult |
21 | | Use Cannabis Health Advisory Committee. |
22 | | (13) To ensure that that a criminal history record |
23 | | check of the prospective principal officers, board |
24 | | members, and agents of a cannabis business establishment |
25 | | applying for a license or agent identification card under |
26 | | this Act is completed in cooperation with the Department |
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1 | | of Financial and Professional Regulation, the Department |
2 | | of Agriculture, and the Illinois State Police. |
3 | | (14) To provide technical assistance and financial |
4 | | support, as well as any other actions the Commission may |
5 | | deem necessary, to aid Social Equity Applicants and owners |
6 | | who qualify as Social Equity Applicants. |
7 | | (15) To develop and disseminate educational materials |
8 | | for purchasers based on recommendations received from the |
9 | | Adult Use Cannabis Health Advisory Committee. |
10 | | (16) To coordinate and cooperate with the Department |
11 | | of Public Health on completion of goals that include, but |
12 | | are not limited to, the following: |
13 | | (A) Establish and maintain a confidential registry |
14 | | of qualifying patients authorized to engage in the |
15 | | medical use of cannabis and their caregivers. |
16 | | (B) Distribute educational materials about the |
17 | | health benefits and risks associated with the use of |
18 | | cannabis prescription medications. |
19 | | (C)Adopt rules establishing food handling |
20 | | requirements for cannabis infused products that are |
21 | | prepared for human consumption. |
22 | | (17) To submit an annual report to the General |
23 | | Assembly and the Governor, by September 30 of each year, |
24 | | that does not disclose any identifying information about |
25 | | cultivation centers, craft growers, infuser organizations, |
26 | | transportation organizations, or dispensing organizations |
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1 | | but does contain, at a minimum, all of the following |
2 | | information for the previous fiscal year: |
3 | | (A) The number of licenses issued to cannabis |
4 | | business establishments organizations by county, or, |
5 | | in counties with greater than 3,000,000 residents, by |
6 | | zip code. |
7 | | (B) The total number of cannabis business |
8 | | establishment organizations owners that are Social |
9 | | Equity Applicants or minority persons, women, or |
10 | | persons with disabilities as those terms are defined |
11 | | under Section 2 of the Business Enterprise for |
12 | | Minorities, Women, and Persons with Disabilities Act. |
13 | | (C) The total number of revenues received from |
14 | | cannabis business establishments, segregated from |
15 | | revenues received from cannabis business |
16 | | establishments under Article 75, by county, and |
17 | | separated by source of revenue. |
18 | | (D) The total amount of revenue received from |
19 | | dispensing organizations that share a premises or |
20 | | majority ownership with a craft grower. |
21 | | (E) The total amount of revenue received from |
22 | | dispensing organizations that share a premises or |
23 | | majority ownership with an infuser. |
24 | | (F) The total amount of revenue received from |
25 | | craft growers and infusers that share a premises or |
26 | | majority ownership with a dispensing organization. |
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1 | | (G) The total amount of revenue received from |
2 | | craft growers that share a premises or majority |
3 | | ownership with an infuser, but do not share a premises |
4 | | or ownership with a dispensary. |
5 | | (H) The total amount of revenue received from |
6 | | infusers that share a premises or majority ownership |
7 | | with a craft grower, but do not share a premises or |
8 | | ownership with a dispensary. |
9 | | (I) The total amount of revenue received from |
10 | | craft growers that share a premises or majority |
11 | | ownership with a dispensing organization, but do not |
12 | | share a premises or ownership with an infuser. |
13 | | (J) The total amount of revenue received from |
14 | | infusers that share a premises or majority ownership |
15 | | with a dispensing organization, but do not share a |
16 | | premises or ownership with a craft grower. |
17 | | (K) The total amount of revenue received from |
18 | | transporters. |
19 | | (L) The total amount of revenue received from |
20 | | cannabis business establishment organizations that |
21 | | share a premises or majority ownership with other |
22 | | cannabis business establishments. |
23 | | (M) An analysis of revenue generated from |
24 | | taxation, licensing, and other fees for the State, |
25 | | including recommendations to change the tax rate |
26 | | applied. |
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1 | | (18) To conduct or commission an annual survey of the |
2 | | cannabis industry, to be completed on or before January 1 |
3 | | of each year. Each cannabis business establishment |
4 | | licensed under this Act shall report to the Commission, on |
5 | | a form to be provided by the Commission, information that |
6 | | will allow the Commission to assess the extent of |
7 | | diversity in the medical and adult use cannabis industry |
8 | | and methods for reducing or eliminating any identified |
9 | | barriers to entry, including access to capital. Failure of |
10 | | a cannabis business establishment to respond to the |
11 | | request to complete the form, survey, or any other request |
12 | | for information may be grounds for disciplinary action by |
13 | | the Commission. The information to be collected shall be |
14 | | designed, at a minimum, to identify the following: |
15 | | (A) The number and percentage of licenses provided |
16 | | to Social Equity Applicants and to businesses owned by |
17 | | minorities, women, veterans, and persons with |
18 | | disabilities. |
19 | | (B) The total number and percentage of employees |
20 | | in the cannabis industry who meet the criteria in |
21 | | subparagraphs (i) or (ii) of paragraph (3) of the |
22 | | definition of Social Equity Applicant or who are |
23 | | minorities, women, veterans, or persons with |
24 | | disabilities. |
25 | | (C) The total number and percentage of contractors |
26 | | and subcontractors in the cannabis industry that meet |
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1 | | the definition of a Social Equity Applicant, are |
2 | | persons who are minorities, women, veterans, or |
3 | | persons with disabilities, and are owned by persons |
4 | | who are minorities, women, veterans, or persons with |
5 | | disabilities, if known to the cannabis business |
6 | | establishment. |
7 | | (D) Recommendations for reducing or eliminating |
8 | | any identified barriers to entry, including access to |
9 | | capital, in the cannabis industry. |
10 | | (19) To inspect, investigate, and take administrative |
11 | | or enforcement action regarding violations of this Act, |
12 | | including, but not limited to, violations committed by a |
13 | | person licensed under the Act or who engages in the |
14 | | cultivation, production, distribution, sale, offering for |
15 | | sale, advertising, distribution, delivery, or transport of |
16 | | cannabis without a license issued under this Act. |
17 | | (20) To revoke and reissue inactive licenses issued |
18 | | under this Act that have expired or failed to meet |
19 | | operational requirements set forth under this Act. |
20 | | (g) The Commission shall establish by rule the information |
21 | | required in an initial application or renewal application for |
22 | | an agent identification card for dispensing organizations, |
23 | | cultivation centers, craft growers, infusers, transporters, or |
24 | | any other organization that may be submitted under this Act |
25 | | and the nonrefundable fee to accompany the initial application |
26 | | or renewal application. The Commission shall also perform the |
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1 | | following: |
2 | | (1) Verify the information contained in an initial |
3 | | application or renewal application for an agent |
4 | | identification card submitted under this Act and approve |
5 | | or deny an application within 30 days after receiving a |
6 | | completed initial application or renewal application and |
7 | | all supporting documentation required by rule. |
8 | | (2) Issue an agent identification card to a qualifying |
9 | | agent within 15 business days after approving the initial |
10 | | application or renewal application. |
11 | | (3) Enter the license number of the cannabis business |
12 | | establishment where the agent works. |
13 | | (4) Allow for an electronic initial application and |
14 | | renewal application process and provide a confirmation by |
15 | | electronic or other methods that an application has been |
16 | | submitted. |
17 | | (h) An agent must always keep his or her identification |
18 | | card visible when on the property of the cannabis business |
19 | | establishment at which the agent is employed. The agent |
20 | | identification cards shall contain the following: |
21 | | (1) The name of the cardholder. |
22 | | (2) The date of issuance and expiration date of the
|
23 | | identification card. |
24 | | (3) A random 10-digit alphanumeric identification
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25 | | number containing at least 4 numbers and at least 4 |
26 | | letters that is unique to the cardholder. |
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1 | | (4) A photograph of the cardholder. |
2 | | An agent identification card shall be immediately returned |
3 | | to the cannabis business establishment of the agent upon |
4 | | termination of the agent's employment. |
5 | | Any agent identification card that is lost shall be |
6 | | reported to the Illinois State Police and the Commission |
7 | | immediately upon discovery of the loss. |
8 | | The Commission shall not issue an agent identification |
9 | | card if the applicant is delinquent in filing any required tax |
10 | | return or paying any amount owed to the State of Illinois. |
11 | | (i) The Commission shall require every cannabis business |
12 | | establishment to designate, at a minimum, one agent-in-charge |
13 | | for each licensed cannabis business establishment. The |
14 | | designated agent-in-charge must hold an agent identification |
15 | | card. Maintaining an agent-in-charge is a continuing |
16 | | requirement for the license, except as provided under |
17 | | subsection (g). |
18 | | The agent-in-charge shall be a principal officer or a |
19 | | full-time agent of the cannabis business establishment and |
20 | | shall manage the cannabis business establishment. |
21 | | The agent-in-charge is responsible for promptly notifying |
22 | | the Commission of any change of information required to be |
23 | | reported to the Commission. |
24 | | The agent-in-charge is responsible for notifying the |
25 | | Commission of a change in the employment status of all |
26 | | cannabis business establishment agents within 5 business days |
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1 | | after the change, including notice to the Commission if the |
2 | | termination of an agent was for diversion of product or theft |
3 | | of currency. |
4 | | (j) If there is a separation of an agent-in-charge due to |
5 | | death, incapacity, termination, or any other reason, and if |
6 | | the cannabis business establishment does not have an active |
7 | | agent-in-charge, the cannabis business establishment shall |
8 | | immediately contact the Commission and request a temporary |
9 | | certificate of authority allowing the continuing operation of |
10 | | the cannabis business establishment. The request shall include |
11 | | the name of an interim agent-in-charge until a replacement is |
12 | | identified, or shall include the name of the replacement. |
13 | | The Commission shall issue a temporary certificate of |
14 | | authority promptly after it approves the request. If a |
15 | | cannabis business establishment fails to promptly request a |
16 | | temporary certificate of authority after the separation of the |
17 | | agent-in-charge, its registration shall cease until the |
18 | | Commission approves the temporary certificate of authority or |
19 | | registers a new agent-in-charge. |
20 | | No temporary certificate of authority shall be valid for |
21 | | more than 90 days. The succeeding agent-in-charge shall |
22 | | register with the Commission in compliance with this Article. |
23 | | Once the permanent succeeding agent-in-charge is |
24 | | registered with the Commission, the temporary certificate of |
25 | | authority is void. No temporary certificate of authority shall |
26 | | be issued for the separation of an agent-in-charge due to |
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1 | | disciplinary action by the Commission related to their conduct |
2 | | on behalf of the cannabis business establishment. |
3 | | (k) The cannabis business establishment agent-in-charge |
4 | | registration shall expire one year from the date it is issued. |
5 | | The agent-in-charge's registration shall be renewed annually. |
6 | | The Commission shall review the compliance history of the |
7 | | cannabis business establishment when determining whether to |
8 | | grant the request to renew. |
9 | | (l) Upon termination of an agent-in-charge's employment, |
10 | | the cannabis business establishment shall immediately reclaim |
11 | | the agent identification card. The cannabis business |
12 | | establishment shall promptly return the identification card to |
13 | | the Commission. |
14 | | (m) The Commission may deny an application or renewal or |
15 | | discipline or revoke an agent-in-charge identification card |
16 | | for any of the following reasons: |
17 | | (1) Submission of misleading, incorrect, false, or |
18 | | fraudulent information in the application or renewal |
19 | | application. |
20 | | (2) Violation of the requirements of this Act or
rules |
21 | | adopted under this Act. |
22 | | (3) Fraudulent use of the agent-in-charge
|
23 | | identification card. |
24 | | (4) Selling, distributing, transferring in any
manner, |
25 | | or giving cannabis to any unauthorized person. |
26 | | (5) Theft of cannabis, currency, or any other items
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1 | | from a cannabis business establishment. |
2 | | (6) Tampering with, falsifying, altering, modifying,
|
3 | | or duplicating an agent-in-charge identification card. |
4 | | (7) Tampering with, falsifying, altering, or
modifying |
5 | | the surveillance video footage, point-of-sale system, or |
6 | | the State's verification system. |
7 | | (8) Failure to notify the Commission immediately upon
|
8 | | discovery that an agent-in-charge identification card has |
9 | | been lost, stolen, or destroyed. |
10 | | (9) Failure to notify the Commission within 5
business |
11 | | days after a change in the information provided in the |
12 | | application for an agent-in-charge identification card. |
13 | | (10) Dispensing to purchasers in amounts above the
|
14 | | limits provided in this Act. |
15 | | (11) Delinquency in filing any required tax returns
or |
16 | | paying any amount owed to the State of Illinois. |
17 | | (n) Adult Use Dispensing Organization Licenses issued on |
18 | | or before July 1, 2023 shall expire on March 31 of odd-numbered |
19 | | years. Adult Use Dispensing Organizations Licenses issued |
20 | | after July 1, 2023 shall expire annually. However, the |
21 | | Commission may determine by rule when an Adult Use Dispensing |
22 | | Organization Licenses will expire. |
23 | | (o) Licenses for dispensing organizations, cultivation |
24 | | centers, craft growers, infuser organizations, and |
25 | | transporting organizations shall be renewed annually, with the |
26 | | licensed period running until one year after the date the |
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1 | | cannabis business establishment license is issued. A cannabis |
2 | | business establishment shall receive written or electronic |
3 | | notice of the expiration of its current license at least 90 |
4 | | days before its expiration. |
5 | | (p) The Commission shall grant a renewal within 45 days |
6 | | after submission of a complete renewal application if the |
7 | | cannabis business establishment submits the following as |
8 | | required under this Act or rules adopted under this Act: |
9 | | (1) A renewal application as provided by the |
10 | | Commission. |
11 | | (2) Nonrefundable renewal fees, or another amount as |
12 | | the Commission may set by rule after July 1, 2023, to be |
13 | | deposited into the Cannabis Regulation Fund. |
14 | | (3) Verification on a form provided by the Commission |
15 | | of submission of an environmental impact report. |
16 | | (4) Verification on a form provided by the Commission |
17 | | that the annual diversity report issued by the Cannabis |
18 | | Regulation Oversight Officer or the Commission was |
19 | | completed and submitted. |
20 | | (q) The Commission shall not grant a license renewal in |
21 | | the following instances: |
22 | | (1) If the license is currently under revocation or |
23 | | suspension for violation of this Act or any rules adopted |
24 | | under this Act, the licensee, principal officer, board |
25 | | member, person has a financial or voting interest of 5% or |
26 | | greater in the licensee, or an agent of the license holder |
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1 | | is delinquent in filing any required tax return or paying |
2 | | any amount owed to the State of Illinois. |
3 | | (2) If a cannabis business establishment fails to |
4 | | renew its license before expiration, the cannabis business |
5 | | establishment shall cease operation until the license is |
6 | | renewed. |
7 | | (r) Any cannabis business establishment that continues to |
8 | | operate and that fails to renew its license is subject to |
9 | | penalty as provided under Section 45-5 or any rules that may be |
10 | | adopted under this Act. |
11 | | (s) All fees and fines collected from the renewal of a |
12 | | cannabis business establishment license shall be deposited |
13 | | into the Cannabis Regulation Fund. |
14 | | (t) Notwithstanding any other provision of this Act, if |
15 | | the Commission receives a document or communication from an |
16 | | applicant that the applicant is required to submit to the |
17 | | Commission under this Act, then the Commission shall provide |
18 | | any required response to that document or communication within |
19 | | 30 days after having received it. |
20 | | (u) The Executive Director and any staff position that the |
21 | | Executive Director determines has direct reporting |
22 | | responsibilities to the Commission are exempt from the |
23 | | provisions of the Personnel Code. |
24 | | (v) The Commission has the exclusive authority to issue |
25 | | licenses to dispensing organizations, cultivation centers, |
26 | | craft growers, infusers, and transporter organizations under |
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1 | | this Act and to certify laboratories under this Act. |
2 | | (410 ILCS 705/7-1)
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3 | | Sec. 7-1. Findings. |
4 | | (a) The General Assembly finds that the medical cannabis |
5 | | industry, established in 2014 through the Compassionate Use of |
6 | | Medical Cannabis Program Act and incorporated into Article 75 |
7 | | of this Act , has shown that additional efforts are needed to |
8 | | reduce barriers to ownership. Through that program, 55 |
9 | | licenses for dispensing organizations and 20 licenses for |
10 | | cultivation centers have been issued. Those licenses are held |
11 | | by only a small number of businesses, the ownership of which |
12 | | does not sufficiently meet the General Assembly's interest in |
13 | | business ownership that reflects the population of the State |
14 | | of Illinois and that demonstrates the need to reduce barriers |
15 | | to entry for individuals and communities most adversely |
16 | | impacted by the enforcement of cannabis-related laws. |
17 | | (b) In the interest of establishing a legal cannabis |
18 | | industry that is equitable and accessible to those most |
19 | | adversely impacted by the enforcement of drug-related laws in |
20 | | this State, including cannabis-related laws, the General |
21 | | Assembly finds and declares that a social equity program |
22 | | should be established. |
23 | | (c) The General Assembly also finds and declares that |
24 | | individuals who have been arrested or incarcerated due to drug |
25 | | laws suffer long-lasting negative consequences, including |
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1 | | impacts to employment, business ownership, housing, health, |
2 | | and long-term financial well-being. |
3 | | (d) The General Assembly also finds and declares that |
4 | | family members, especially children, and communities of those |
5 | | who have been arrested or incarcerated due to drug laws, |
6 | | suffer from emotional, psychological, and financial harms as a |
7 | | result of such arrests or incarcerations. |
8 | | (e) Furthermore, the General Assembly finds and declares |
9 | | that certain communities have disproportionately suffered the |
10 | | harms of enforcement of cannabis-related laws. Those |
11 | | communities face greater difficulties accessing traditional |
12 | | banking systems and capital for establishing businesses. |
13 | | (f) The General Assembly also finds that individuals who |
14 | | have resided in areas of high poverty suffer negative |
15 | | consequences, including barriers to entry in employment, |
16 | | business ownership, housing, health, and long-term financial |
17 | | well-being. |
18 | | (g) The General Assembly also finds and declares that |
19 | | promotion of business ownership by individuals who have |
20 | | resided in areas of high poverty and high enforcement of |
21 | | cannabis-related laws furthers an equitable cannabis industry. |
22 | | (h) Therefore, in the interest of remedying the harms |
23 | | resulting from the disproportionate enforcement of |
24 | | cannabis-related laws, the General Assembly finds and declares |
25 | | that a social equity program should offer, among other things, |
26 | | financial assistance and license application benefits to |
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1 | | individuals most directly and adversely impacted by the |
2 | | enforcement of cannabis-related laws who are interested in |
3 | | starting cannabis business establishments.
|
4 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) |
5 | | (410 ILCS 705/7-12 new) |
6 | | Sec. 7-12. Cannabis Enforcement Fund. There is created in |
7 | | the State treasury a special fund, which shall be held |
8 | | separate and apart from all other State moneys, to be known as |
9 | | the Cannabis Enforcement Fund. Moneys in the Cannabis |
10 | | Enforcement Fund shall be expended for the payment of costs |
11 | | incurred by the Cannabis Equity and Oversight Commission, the |
12 | | Attorney General, the Illinois State Police, and State and |
13 | | local governmental agencies who have entered into |
14 | | intergovernmental agreements with the Cannabis Equity and |
15 | | Oversight Commission to inspect, investigate, and take |
16 | | administrative or enforcement action regarding violations |
17 | | committed by a person licensed under this Act or who engages in |
18 | | the cultivation, production, distribution, sale, offering for |
19 | | sale, advertising, distribution, delivery, or transport of |
20 | | cannabis without a license under this Act. |
21 | | (410 ILCS 705/7-15)
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22 | | Sec. 7-15. Loans and grants to Social Equity Applicants. |
23 | | (a) The Department of Commerce and Economic Opportunity |
24 | | shall establish grant and loan programs, subject to |
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1 | | appropriations from the Cannabis Business Development Fund, |
2 | | for the purposes of providing financial assistance, loans, |
3 | | grants, and technical assistance to Social Equity Applicants. |
4 | | (b) The Department of Commerce and Economic Opportunity |
5 | | has the power to: |
6 | | (1) provide Cannabis Social Equity loans and grants |
7 | | from appropriations from the Cannabis Business Development |
8 | | Fund to assist Qualified Social Equity Applicants in |
9 | | gaining entry to, and successfully operating in, the |
10 | | State's regulated cannabis marketplace; |
11 | | (2) enter into agreements that set forth terms and |
12 | | conditions of the financial assistance, accept funds or |
13 | | grants, and engage in cooperation with financial |
14 | | intermediaries, private entities , and agencies of State or |
15 | | local government to carry out the purposes of this |
16 | | Section; |
17 | | (3) fix, determine, charge, and collect any premiums, |
18 | | fees, charges, costs and expenses, including application |
19 | | fees, commitment fees, program fees, financing charges, or |
20 | | publication fees in connection with its activities under |
21 | | this Section; |
22 | | (4) coordinate assistance under these loan programs |
23 | | with activities of the Illinois Department of Financial |
24 | | and Professional Regulation, the Illinois Department of |
25 | | Agriculture, the Commission, and other agencies as needed |
26 | | to maximize the effectiveness and efficiency of this Act; |
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1 | | (5) provide staff, administration, and related support |
2 | | required to administer this Section; |
3 | | (6) take whatever actions are necessary or appropriate |
4 | | to protect the State's interest in the event of |
5 | | bankruptcy, default, foreclosure, or noncompliance with |
6 | | the terms and conditions of financial assistance provided |
7 | | under this Section, including the ability to recapture |
8 | | funds if the recipient is found to be noncompliant with |
9 | | the terms and conditions of the financial assistance |
10 | | agreement; |
11 | | (7) establish application, notification, contract, and |
12 | | other forms, procedures, or rules deemed necessary and |
13 | | appropriate; |
14 | | and |
15 | | (7.5) enter into financial intermediary agreements |
16 | | that facilitate lending to Qualified Social Equity |
17 | | Applicants, which may provide for, but need not be limited |
18 | | to, participation agreements in which the Department of |
19 | | Commerce and Economic Opportunity purchases an undivided |
20 | | interest in a loan, establishment of collateral support |
21 | | funds, financial aid for loan loss reserve accounts, or |
22 | | similar forms of support intended to leverage private |
23 | | investment; and |
24 | | (8) utilize vendors or contract work to carry out the |
25 | | purposes of this Act. |
26 | | (c) Loans made under this Section: |
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1 | | (1) shall only be made if, in the Department's |
2 | | judgment, the project furthers the goals set forth in this |
3 | | Act; and |
4 | | (2) shall be in such principal amount and form and |
5 | | contain such terms and provisions with respect to |
6 | | security, insurance, reporting, delinquency charges, |
7 | | default remedies, and other matters as the Department |
8 | | shall determine appropriate to protect the public interest |
9 | | and to be consistent with the purposes of this Section. |
10 | | The terms and provisions may be less than required for |
11 | | similar loans not covered by this Section. |
12 | | (d) Grants made under this Section shall be awarded on a |
13 | | competitive and annual basis under the Grant Accountability |
14 | | and Transparency Act. Grants made under this Section shall |
15 | | further and promote the goals of this Act, including promotion |
16 | | of Social Equity Applicants, job training and workforce |
17 | | development, and technical assistance to Social Equity |
18 | | Applicants. The Department of Commerce and Economic |
19 | | Opportunity shall coordinate with the Commission and may enter |
20 | | into intergovernmental agreements, with the approval of the |
21 | | Commission, for the purposes of establishing policies and |
22 | | administering the grant program. |
23 | | (e) Beginning January 1, 2021 and each year thereafter, |
24 | | the Department shall collaborate with the Commission on data |
25 | | collection and reporting shall annually report to the Governor |
26 | | and the General Assembly on the outcomes and effectiveness of |
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1 | | this Section that shall include the following: |
2 | | (1) the number of persons or businesses receiving |
3 | | financial assistance under this Section; |
4 | | (2) the amount in financial assistance awarded in the |
5 | | aggregate, in addition to the amount of loans made that |
6 | | are outstanding and the amount of grants awarded; |
7 | | (3) the location of the project engaged in by the |
8 | | person or business; and |
9 | | (4) if applicable, the number of new jobs and other |
10 | | forms of economic output created as a result of the |
11 | | financial assistance. |
12 | | (f) The Department of Commerce and Economic Opportunity |
13 | | shall include engagement with individuals with limited English |
14 | | proficiency as part of its outreach provided or targeted to |
15 | | attract and support Social Equity Applicants.
|
16 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) |
17 | | (410 ILCS 705/7-20)
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18 | | Sec. 7-20. Fee waivers. |
19 | | (a) For Social Equity Applicants, the Commission |
20 | | Department of Financial and Professional Regulation and the |
21 | | Department of Agriculture shall waive 50% of any nonrefundable |
22 | | license application fees, any nonrefundable fees associated |
23 | | with purchasing a license to operate a cannabis business |
24 | | establishment, and any surety bond or other financial |
25 | | requirements, provided a Social Equity Applicant meets the |
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1 | | following qualifications at the time the payment is due: |
2 | | (1) the applicant, including all individuals and |
3 | | entities with 10% or greater ownership and all parent |
4 | | companies, subsidiaries, and affiliates, has less than a |
5 | | total of $750,000 of income in the previous calendar year; |
6 | | and |
7 | | (2) the applicant, including all individuals and |
8 | | entities with 10% or greater ownership and all parent |
9 | | companies, subsidiaries, and affiliates, has no more than |
10 | | 2 other licenses for cannabis business establishments in |
11 | | the State of Illinois. |
12 | | (b) The Commission Department of Financial and |
13 | | Professional Regulation and the Department of Agriculture may |
14 | | require Social Equity Applicants to attest that they meet the |
15 | | requirements for a fee waiver as provided in subsection (a) |
16 | | and to provide evidence of annual total income in the previous |
17 | | calendar year. |
18 | | (c) If the Commission Department of Financial and |
19 | | Professional Regulation or the Department of Agriculture |
20 | | determines that an applicant who applied as a Social Equity |
21 | | Applicant is not eligible for such status, the applicant shall |
22 | | be provided an additional 10 days to provide alternative |
23 | | evidence that he or she qualifies as a Social Equity |
24 | | Applicant. Alternatively, the applicant may pay the remainder |
25 | | of the waived fee and be considered as a non-Social Equity |
26 | | Applicant. If the applicant cannot do either, then the |
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1 | | Departments may keep the initial application fee and the |
2 | | application shall not be graded.
|
3 | | (Source: P.A. 101-27, eff. 6-25-19.) |
4 | | (410 ILCS 705/7-25)
|
5 | | Sec. 7-25. Transfer of license awarded to Qualified Social |
6 | | Equity Applicant. |
7 | | (a) In the event a Qualified Social Equity Applicant seeks |
8 | | to transfer, sell, or grant a cannabis business establishment |
9 | | license within 5 years after it was issued to a person or |
10 | | entity that does not qualify as a Social Equity Applicant, the |
11 | | transfer agreement shall require the new license holder to pay |
12 | | the Cannabis Business Development Fund an amount equal to: |
13 | | (1) any fees that were waived by any State agency |
14 | | based on the applicant's status as a Social Equity |
15 | | Applicant, if applicable; |
16 | | (2) any outstanding amount owed by the Qualified |
17 | | Social Equity Applicant for a loan through the Cannabis |
18 | | Business Development Fund, if applicable; and |
19 | | (3) the full amount of any grants that the Qualified |
20 | | Social Equity Applicant received from the Department of |
21 | | Commerce and Economic Opportunity, if applicable. |
22 | | (b) Transfers of cannabis business establishment licenses |
23 | | awarded to a Social Equity Applicant are subject to all other |
24 | | provisions of this Act , the Compassionate Use of Medical |
25 | | Cannabis Program Act, and rules regarding transfers.
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1 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) |
2 | | (410 ILCS 705/7-30)
|
3 | | Sec. 7-30. Reporting. By January 1, 2021, and on January 1 |
4 | | of every year thereafter, or upon request by the Commission, |
5 | | by and through its Executive Director Illinois Cannabis |
6 | | Regulation Oversight Officer , each cannabis business |
7 | | establishment licensed under this Act and under the |
8 | | Compassionate Use of Medical Cannabis Program in accordance |
9 | | with Article 75 Act shall report to the Illinois Cannabis |
10 | | Regulation Oversight Officer, on a form to be provided by the |
11 | | Commission Illinois Cannabis Regulation Oversight Officer , |
12 | | information that will allow it to assess the extent of |
13 | | diversity in the medical and adult use cannabis industry and |
14 | | methods for reducing or eliminating any identified barriers to |
15 | | entry, including access to capital. Failure of a cannabis |
16 | | business establishment to respond to the request of the |
17 | | Cannabis Regulation Oversight Officer to complete the form, |
18 | | report, and any other request for information may be grounds |
19 | | for disciplinary action by the Commission Department of |
20 | | Financial and Professional Regulation or the Department of |
21 | | Agriculture . The information to be collected shall be designed |
22 | | to identify the following: |
23 | | (1) the number and percentage of licenses provided to |
24 | | Social Equity Applicants and to businesses owned by |
25 | | minorities, women, veterans, and people with disabilities; |
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1 | | (2) the total number and percentage of employees in |
2 | | the cannabis industry who meet the criteria in (3)(i) or |
3 | | (3)(ii) in the definition of Social Equity Applicant or |
4 | | who are minorities, women, veterans, or people with |
5 | | disabilities; |
6 | | (3) the total number and percentage of contractors and |
7 | | subcontractors in the cannabis industry that meet the |
8 | | definition of a Social Equity Applicant or who are owned |
9 | | by minorities, women, veterans, or people with |
10 | | disabilities, if known to the cannabis business |
11 | | establishment; and |
12 | | (4) recommendations on reducing or eliminating any |
13 | | identified barriers to entry, including access to capital, |
14 | | in the cannabis industry.
|
15 | | (Source: P.A. 101-27, eff. 6-25-19; 102-98, eff. 7-15-21.) |
16 | | (410 ILCS 705/10-5)
|
17 | | Sec. 10-5. Personal use of cannabis; restrictions on |
18 | | cultivation; penalties. |
19 | | (a) Beginning January 1, 2020, notwithstanding any other |
20 | | provision of law, and except as otherwise provided in this |
21 | | Act, the following acts are not a violation of this Act and |
22 | | shall not be a criminal or civil offense under State law or the |
23 | | ordinances of any unit of local government of this State or be |
24 | | a basis for seizure or forfeiture of assets under State law for |
25 | | persons other than natural individuals under 21 years of age: |
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1 | | (1) possession, consumption, use, purchase, obtaining, |
2 | | or transporting cannabis paraphernalia or an amount of |
3 | | cannabis for personal use that does not exceed the |
4 | | possession limit under Section 10-10 or otherwise in |
5 | | accordance with the requirements of this Act; |
6 | | (2) cultivation of cannabis for personal use in |
7 | | accordance with the requirements of this Act; and |
8 | | (3) controlling property if actions that are |
9 | | authorized by this Act occur on the property in accordance |
10 | | with this Act. |
11 | | (a-1) Beginning January 1, 2020, notwithstanding any other |
12 | | provision of law, and except as otherwise provided in this |
13 | | Act, possessing, consuming, using, purchasing, obtaining, or |
14 | | transporting cannabis paraphernalia or an amount of cannabis |
15 | | purchased or produced in accordance with this Act that does |
16 | | not exceed the possession limit under subsection (a) of |
17 | | Section 10-10 shall not be a basis for seizure or forfeiture of |
18 | | assets under State law. |
19 | | (b) Cultivating cannabis for personal use is subject to |
20 | | the following limitations: |
21 | | (1) An Illinois resident 21 years of age or older who |
22 | | is a registered qualifying patient under Article 75 of |
23 | | this the Compassionate Use of Medical Cannabis Program Act |
24 | | may cultivate cannabis plants, with a limit of 5 plants |
25 | | that are more than 5 inches tall, per household without a |
26 | | cultivation center or craft grower license. In this |
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1 | | Section, "resident" means a person who has been domiciled |
2 | | in the State of Illinois for a period of 30 days before |
3 | | cultivation. |
4 | | (2) Cannabis cultivation must take place in an |
5 | | enclosed, locked space. |
6 | | (3) Adult registered qualifying patients may purchase |
7 | | cannabis seeds from a dispensary for the purpose of home |
8 | | cultivation. Seeds may not be given or sold to any other |
9 | | person. |
10 | | (4) Cannabis plants shall not be stored or placed in a |
11 | | location where they are subject to ordinary public view, |
12 | | as defined in this Act. A registered qualifying patient |
13 | | who cultivates cannabis under this Section shall take |
14 | | reasonable precautions to ensure the plants are secure |
15 | | from unauthorized access, including unauthorized access by |
16 | | a person under 21 years of age. |
17 | | (5) Cannabis cultivation may occur only on residential |
18 | | property lawfully in possession of the cultivator or with |
19 | | the consent of the person in lawful possession of the |
20 | | property. An owner or lessor of residential property may |
21 | | prohibit the cultivation of cannabis by a lessee. |
22 | | (6) (Blank). |
23 | | (7) A dwelling, residence, apartment, condominium |
24 | | unit, enclosed, locked space, or piece of property not |
25 | | divided into multiple dwelling units shall not contain |
26 | | more than 5 plants at any one time. |
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1 | | (8) Cannabis plants may only be tended by registered |
2 | | qualifying patients who reside at the residence, or their |
3 | | authorized agent attending to the residence for brief |
4 | | periods, such as when the qualifying patient is |
5 | | temporarily away from the residence. |
6 | | (9) A registered qualifying patient who cultivates |
7 | | more than the allowable number of cannabis plants, or who |
8 | | sells or gives away cannabis plants, cannabis, or |
9 | | cannabis-infused products produced under this Section, is |
10 | | liable for penalties as provided by law, including the |
11 | | Cannabis Control Act, in addition to loss of home |
12 | | cultivation privileges as established by rule.
|
13 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) |
14 | | (410 ILCS 705/10-10)
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15 | | Sec. 10-10. Possession limit. |
16 | | (a) Except if otherwise authorized by this Act, for a |
17 | | person who is 21 years of age or older and a resident of this |
18 | | State, the possession limit is as follows: |
19 | | (1) 30 grams of cannabis flower; |
20 | | (2) no more than 500 milligrams of THC contained in |
21 | | cannabis-infused product; |
22 | | (3) 5 grams of cannabis concentrate; and |
23 | | (4) for registered qualifying patients, any cannabis |
24 | | produced by cannabis plants grown under subsection (b) of |
25 | | Section 10-5, provided any amount of cannabis produced in |
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1 | | excess of 30 grams of raw cannabis or its equivalent must |
2 | | remain secured within the residence or residential |
3 | | property in which it was grown. |
4 | | (b) For a person who is 21 years of age or older and who is |
5 | | not a resident of this State, the possession limit is: |
6 | | (1) 15 grams of cannabis flower; |
7 | | (2) 2.5 grams of cannabis concentrate; and |
8 | | (3) 250 milligrams of THC contained in a |
9 | | cannabis-infused product. |
10 | | (c) The possession limits found in subsections (a) and (b) |
11 | | of this Section are to be considered cumulative. |
12 | | (d) No person shall knowingly obtain, seek to obtain, or |
13 | | possess an amount of cannabis from a dispensing organization |
14 | | or craft grower that would cause him or her to exceed the |
15 | | possession limit under this Section, including cannabis that |
16 | | is cultivated by a person under this Act or obtained under the |
17 | | Compassionate Use of Medical Cannabis Program Act .
|
18 | | (e) Cannabis and cannabis-derived substances regulated |
19 | | under the Industrial Hemp Act are not covered by this Act. |
20 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) |
21 | | (410 ILCS 705/10-15)
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22 | | Sec. 10-15. Persons under 21 years of age. |
23 | | (a) Nothing in this Act is intended to permit the transfer |
24 | | of cannabis, with or without remuneration, to a person under |
25 | | 21 years of age, or to allow a person under 21 years of age to |
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1 | | purchase, possess, use, process, transport, grow, or consume |
2 | | cannabis except where authorized by the Compassionate Use of |
3 | | Medical Cannabis Program Act or by the Community College |
4 | | Cannabis Vocational Pilot Program. |
5 | | (b) Notwithstanding any other provisions of law |
6 | | authorizing the possession of medical cannabis, nothing in |
7 | | this Act authorizes a person who is under 21 years of age to |
8 | | possess cannabis. A person under 21 years of age with cannabis |
9 | | in his or her possession is guilty of a civil law violation as |
10 | | outlined in paragraph (a) of Section 4 of the Cannabis Control |
11 | | Act. |
12 | | (c) If the person under the age of 21 was in a motor |
13 | | vehicle at the time of the offense, the Secretary of State may |
14 | | suspend or revoke the driving privileges of any person for a |
15 | | violation of this Section under Section 6-206 of the Illinois |
16 | | Vehicle Code and the rules adopted under it. |
17 | | (d) It is unlawful for any parent or guardian to knowingly |
18 | | permit his or her residence, any other private property under |
19 | | his or her control, or any vehicle, conveyance, or watercraft |
20 | | under his or her control to be used by an invitee of the |
21 | | parent's child or the guardian's ward, if the invitee is under |
22 | | the age of 21, in a manner that constitutes a violation of this |
23 | | Section. A parent or guardian is deemed to have knowingly |
24 | | permitted his or her residence, any other private property |
25 | | under his or her control, or any vehicle, conveyance, or |
26 | | watercraft under his or her control to be used in violation of |
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1 | | this Section if he or she knowingly authorizes or permits |
2 | | consumption of cannabis by underage invitees. Any person who |
3 | | violates this subsection (d) is guilty of a Class A |
4 | | misdemeanor and the person's sentence shall include, but shall |
5 | | not be limited to, a fine of not less than $500. If a violation |
6 | | of this subsection (d) directly or indirectly results in great |
7 | | bodily harm or death to any person, the person violating this |
8 | | subsection is guilty of a Class 4 felony. In this subsection |
9 | | (d), where the residence or other property has an owner and a |
10 | | tenant or lessee, the trier of fact may infer that the |
11 | | residence or other property is occupied only by the tenant or |
12 | | lessee.
|
13 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) |
14 | | (410 ILCS 705/10-20)
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15 | | Sec. 10-20. Identification; false identification; penalty. |
16 | | (a) To protect personal privacy, the Commission Department |
17 | | of Financial and Professional Regulation shall not require a |
18 | | purchaser to provide a dispensing organization with personal |
19 | | information other than government-issued identification to |
20 | | determine the purchaser's age, and a dispensing organization |
21 | | shall not obtain and record personal information about a |
22 | | purchaser without the purchaser's consent. A dispensing |
23 | | organization shall use an electronic reader or electronic |
24 | | scanning device to scan a purchaser's government-issued |
25 | | identification, if applicable, to determine the purchaser's |
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1 | | age and the validity of the identification. Any identifying or |
2 | | personal information of a purchaser obtained or received in |
3 | | accordance with this Section shall not be retained, used, |
4 | | shared or disclosed for any purpose except as authorized by |
5 | | this Act. |
6 | | (b) A person who is under 21 years of age may not present |
7 | | or offer to a cannabis business establishment or the cannabis |
8 | | business establishment's principal or employee any written or |
9 | | oral evidence of age that is false, fraudulent, or not |
10 | | actually the person's own, for the purpose of: |
11 | | (1) purchasing, attempting to purchase, or otherwise |
12 | | obtaining or attempting to obtain cannabis or any cannabis |
13 | | product; or |
14 | | (2) gaining access to a cannabis business |
15 | | establishment. |
16 | | (c) A violation of this Section is a Class A misdemeanor |
17 | | consistent with Section 6-20 of the Liquor Control Act of |
18 | | 1934. |
19 | | (d) The Secretary of State may suspend or revoke the |
20 | | driving privileges of any person for a violation of this |
21 | | Section under Section 6-206 of the Illinois Vehicle Code and |
22 | | the rules adopted under it. |
23 | | (e) No agent or employee of the licensee shall be |
24 | | disciplined or discharged for selling or furnishing cannabis |
25 | | or cannabis products to a person under 21 years of age if the |
26 | | agent or employee demanded and was shown, before furnishing |
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1 | | cannabis or cannabis products to a person under 21 years of |
2 | | age, adequate written evidence of age and identity of the |
3 | | person. This subsection (e) does not apply if the agent or |
4 | | employee accepted the written evidence knowing it to be false |
5 | | or fraudulent. Adequate written evidence of age and identity |
6 | | of the person is a document issued by a federal, State, county, |
7 | | or municipal government, or subdivision or agency thereof, |
8 | | including, but not limited to, a motor vehicle operator's |
9 | | license, a registration certificate issued under the Military |
10 | | Selective Service Act, or an identification card issued to a |
11 | | member of the Armed Forces. Proof that the licensee or his or |
12 | | her employee or agent was shown and reasonably relied upon |
13 | | such written evidence in any transaction forbidden by this |
14 | | Section is an affirmative defense in any criminal prosecution |
15 | | therefor or to any proceedings for the suspension or |
16 | | revocation of any license based thereon.
|
17 | | (Source: P.A. 101-27, eff. 6-25-19.) |
18 | | (410 ILCS 705/10-35)
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19 | | Sec. 10-35. Limitations and penalties. |
20 | | (a) This Act does not permit any person to engage in, and |
21 | | does not prevent the imposition of any civil, criminal, or |
22 | | other penalties for engaging in, any of the following conduct: |
23 | | (1) undertaking any task under the influence of |
24 | | cannabis when doing so would constitute negligence, |
25 | | professional malpractice, or professional misconduct; |
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1 | | (2) possessing cannabis: |
2 | | (A) in a school bus, unless permitted for a |
3 | | qualifying patient or caregiver pursuant to the |
4 | | Compassionate Use of Medical Cannabis Program Act ; |
5 | | (B) on the grounds of any preschool or primary or |
6 | | secondary school, unless permitted for a qualifying |
7 | | patient or caregiver pursuant to the Compassionate Use |
8 | | of Medical Cannabis Program Act ; |
9 | | (C) in any correctional facility; |
10 | | (D) in a vehicle not open to the public unless the |
11 | | cannabis is in a reasonably secured, sealed or |
12 | | resealable container and reasonably inaccessible while |
13 | | the vehicle is moving; or |
14 | | (E) in a private residence that is used at any time |
15 | | to provide licensed child care or other similar social |
16 | | service care on the premises; |
17 | | (3) using cannabis: |
18 | | (A) in a school bus, unless permitted for a |
19 | | qualifying patient or caregiver pursuant to the |
20 | | Compassionate Use of Medical Cannabis Program Act ; |
21 | | (B) on the grounds of any preschool or primary or |
22 | | secondary school, unless permitted for a qualifying |
23 | | patient or caregiver pursuant to the Compassionate Use |
24 | | of Medical Cannabis Program Act ; |
25 | | (C) in any correctional facility; |
26 | | (D) in any motor vehicle; |
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1 | | (E) in a private residence that is used at any time |
2 | | to provide licensed child care or other similar social |
3 | | service care on the premises; |
4 | | (F) in any public place; or |
5 | | (G) knowingly in close physical proximity to |
6 | | anyone under 21 years of age who is not a registered |
7 | | medical cannabis patient under the Compassionate Use |
8 | | of Medical Cannabis Program Act ; |
9 | | (4) smoking cannabis in any place where smoking is |
10 | | prohibited under the Smoke Free Illinois Act; |
11 | | (5) operating, navigating, or being in actual physical |
12 | | control of any motor vehicle, aircraft, watercraft, or |
13 | | snowmobile while using or under the influence of cannabis |
14 | | in violation of Section 11-501 or 11-502.1 of the Illinois |
15 | | Vehicle Code, Section 5-16 of the Boat Registration and |
16 | | Safety Act, or Section 5-7 of the Snowmobile Registration |
17 | | and Safety Act; |
18 | | (6) facilitating the use of cannabis by any person who |
19 | | is not allowed to use cannabis under this Act or the |
20 | | Compassionate Use of Medical Cannabis Program Act ; |
21 | | (7) transferring cannabis to any person contrary to |
22 | | this Act or the Compassionate Use of Medical Cannabis |
23 | | Program Act ; |
24 | | (8) the use of cannabis by a law enforcement officer, |
25 | | corrections officer, probation officer, or firefighter |
26 | | while on duty; nothing in this Act prevents a public |
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1 | | employer of law enforcement officers, corrections |
2 | | officers, probation officers, paramedics, or firefighters |
3 | | from prohibiting or taking disciplinary action for the |
4 | | consumption, possession, sales, purchase, or delivery of |
5 | | cannabis or cannabis-infused substances while on or off |
6 | | duty, unless provided for in the employer's policies. |
7 | | However, an employer may not take adverse employment |
8 | | action against an employee based solely on the lawful |
9 | | possession or consumption of cannabis or cannabis-infused |
10 | | substances by members of the employee's household. To the |
11 | | extent that this Section conflicts with any applicable |
12 | | collective bargaining agreement, the provisions of the |
13 | | collective bargaining agreement shall prevail. Further, |
14 | | nothing in this Act shall be construed to limit in any way |
15 | | the right to collectively bargain over the subject matters |
16 | | contained in this Act; or |
17 | | (9) the use of cannabis by a person who has a school |
18 | | bus permit or a Commercial Driver's License while on duty. |
19 | | As used in this Section, "public place" means any place |
20 | | where a person could reasonably be expected to be observed by |
21 | | others. "Public place" includes all parts of buildings owned |
22 | | in whole or in part, or leased, by the State or a unit of local |
23 | | government. "Public place" includes all areas in a park, |
24 | | recreation area, wildlife area, or playground owned in whole |
25 | | or in part, leased, or managed by the State or a unit of local |
26 | | government. "Public place" does not include a private |
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1 | | residence unless the private residence is used to provide |
2 | | licensed child care, foster care, or other similar social |
3 | | service care on the premises. |
4 | | (b) Nothing in this Act shall be construed to prevent the |
5 | | arrest or prosecution of a person for reckless driving or |
6 | | driving under the influence of cannabis, operating a |
7 | | watercraft under the influence of cannabis, or operating a |
8 | | snowmobile under the influence of cannabis if probable cause |
9 | | exists. |
10 | | (c) Nothing in this Act shall prevent a private business |
11 | | from restricting or prohibiting the use of cannabis on its |
12 | | property, including areas where motor vehicles are parked. |
13 | | (d) Nothing in this Act shall require an individual or |
14 | | business entity to violate the provisions of federal law, |
15 | | including colleges or universities that must abide by the |
16 | | Drug-Free Schools and Communities Act Amendments of 1989, that |
17 | | require campuses to be drug free.
|
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 705/10-45) |
21 | | Sec. 10-45. Cannabis Equity Advisory Council Commission . |
22 | | (a) The Cannabis Equity Advisory Council Commission is |
23 | | created and shall reflect the diversity of the State of |
24 | | Illinois, including geographic, racial, and ethnic diversity. |
25 | | The Cannabis Equity Advisory Council Commission shall serve as |
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1 | | an advisory board to the Cannabis Equity and Oversight |
2 | | Commission. be responsible for the following: |
3 | | (1) Ensuring that equity goals in the Illinois |
4 | | cannabis industry, as stated in Section 10-40, are met. |
5 | | (2) Tracking and analyzing minorities in the |
6 | | marketplace. |
7 | | (3) Ensuring that revenue is being invested properly |
8 | | into R3 areas under Section 10-40. |
9 | | (4) Recommending changes to make the law more |
10 | | equitable to communities harmed the most by the war on |
11 | | drugs. |
12 | | (5) Create standards to protect true social equity |
13 | | applicants from predatory businesses. |
14 | | (b) The Cannabis Equity Advisory Council's Commission's ex |
15 | | officio members shall, within 4 months after the effective |
16 | | date of this amendatory Act of the 101st General Assembly, |
17 | | convene the Cannabis Equity Advisory Council Commission to |
18 | | appoint a full Cannabis Equity Advisory Council Commission and |
19 | | oversee, provide guidance to, and develop an administrative |
20 | | structure for the Cannabis Equity Advisory Council Commission . |
21 | | The ex officio members are: |
22 | | (1) The Governor, or his or her designee, who shall |
23 | | serve as chair. |
24 | | (2) The Attorney General, or his or her designee. |
25 | | (3) The Director of Commerce and Economic Opportunity, |
26 | | or his or her designee. |
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1 | | (4) The Director of Public Health, or his or her |
2 | | designee. |
3 | | (5) The Director of Corrections, or his or her |
4 | | designee. |
5 | | (6) The Director of Financial and Professional |
6 | | Regulation, or his or her designee. |
7 | | (7) The Director of Agriculture, or his or her |
8 | | designee. |
9 | | (8) The Executive Director of the Illinois Criminal |
10 | | Justice Information Authority, or his or her designee. |
11 | | (9) The Secretary of Human Services, or his or her |
12 | | designee. |
13 | | (10) A member of the Senate, designated by the |
14 | | President of the Senate. |
15 | | (11) A member of the House of Representatives, |
16 | | designated by the Speaker of the House of Representatives. |
17 | | (12) A member of the Senate, designated by the |
18 | | Minority Leader of the Senate. |
19 | | (13) A member of the House of Representatives, |
20 | | designated by the Minority Leader of the House of |
21 | | Representatives. |
22 | | (c) Within 90 days after the ex officio members convene, |
23 | | the following members shall be appointed to the Cannabis |
24 | | Equity Advisory Council Commission by the chair: |
25 | | (1) Four community-based providers or community |
26 | | development organization representatives who provide |
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1 | | services to treat violence and address the social |
2 | | determinants of health, or promote community investment, |
3 | | including, but not limited to, services such as job |
4 | | placement and training, educational services, workforce |
5 | | development programming, and wealth building. No more than |
6 | | 2 community-based organization representatives shall work |
7 | | primarily in Cook County. At least one of the |
8 | | community-based providers shall have expertise in |
9 | | providing services to an immigrant population. |
10 | | (2) Two experts in the field of violence reduction. |
11 | | (3) One male who has previously been incarcerated and |
12 | | is over the age of 24 at the time of appointment. |
13 | | (4) One female who has previously been incarcerated |
14 | | and is over the age of 24 at the time of appointment. |
15 | | (5) Two individuals who have previously been |
16 | | incarcerated and are between the ages of 17 and 24 at the |
17 | | time of appointment. |
18 | | As used in this subsection (c), "an individual who has |
19 | | been previously incarcerated" has the same meaning as defined |
20 | | in paragraph (2) of subsection (e) of Section 10-40.
|
21 | | (Source: P.A. 101-658, eff. 3-23-21.) |
22 | | (410 ILCS 705/10-50)
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23 | | Sec. 10-50. Employment; employer liability. |
24 | | (a) Nothing in this Act shall prohibit an employer from |
25 | | adopting reasonable zero tolerance or drug free workplace |
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1 | | policies, or employment policies concerning drug testing, |
2 | | smoking, consumption, storage, or use of cannabis in the |
3 | | workplace or while on call provided that the policy is applied |
4 | | in a nondiscriminatory manner. |
5 | | (b) Nothing in this Act shall require an employer to |
6 | | permit an employee to be under the influence of or use cannabis |
7 | | in the employer's workplace or while performing the employee's |
8 | | job duties or while on call. |
9 | | (c) Nothing in this Act shall limit or prevent an employer |
10 | | from disciplining an employee or terminating employment of an |
11 | | employee for violating an employer's employment policies or |
12 | | workplace drug policy. |
13 | | (d) An employer may consider an employee to be impaired or |
14 | | under the influence of cannabis if the employer has a good |
15 | | faith belief that an employee manifests specific, articulable |
16 | | symptoms while working that decrease or lessen the employee's |
17 | | performance of the duties or tasks of the employee's job |
18 | | position, including symptoms of the employee's speech, |
19 | | physical dexterity, agility, coordination, demeanor, |
20 | | irrational or unusual behavior, or negligence or carelessness |
21 | | in operating equipment or machinery; disregard for the safety |
22 | | of the employee or others, or involvement in any accident that |
23 | | results in serious damage to equipment or property; disruption |
24 | | of a production or manufacturing process; or carelessness that |
25 | | results in any injury to the employee or others. If an employer |
26 | | elects to discipline an employee on the basis that the |
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1 | | employee is under the influence or impaired by cannabis, the |
2 | | employer must afford the employee a reasonable opportunity to |
3 | | contest the basis of the determination. |
4 | | (e) Nothing in this Act shall be construed to create or |
5 | | imply a cause of action for any person against an employer for: |
6 | | (1) actions taken pursuant to an employer's reasonable |
7 | | workplace drug policy, including but not limited to |
8 | | subjecting an employee or applicant to reasonable drug and |
9 | | alcohol testing, reasonable and nondiscriminatory random |
10 | | drug testing, and discipline, termination of employment, |
11 | | or withdrawal of a job offer due to a failure of a drug |
12 | | test; |
13 | | (2) actions based on the employer's good faith belief |
14 | | that an employee used or possessed cannabis in the |
15 | | employer's workplace or while performing the employee's |
16 | | job duties or while on call in violation of the employer's |
17 | | employment policies; |
18 | | (3) actions, including discipline or termination of |
19 | | employment, based on the employer's good faith belief that |
20 | | an employee was impaired as a result of the use of |
21 | | cannabis, or under the influence of cannabis, while at 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 | | workplace drug policy; or |
25 | | (4) injury, loss, or liability to a third party if the |
26 | | employer neither knew nor had reason to know that the |
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1 | | employee was impaired. |
2 | | (f) Nothing in this Act shall be construed to enhance or |
3 | | diminish protections afforded by any other law, including but |
4 | | not limited to the Compassionate Use of Medical Cannabis |
5 | | Program Act or the Opioid Alternative Pilot Program. |
6 | | (g) Nothing in this Act shall be construed to interfere |
7 | | with any federal, State, or local restrictions on employment |
8 | | including, but not limited to, the United States Department of |
9 | | Transportation regulation 49 CFR 40.151(e) or impact an |
10 | | employer's ability to comply with federal or State law or |
11 | | cause it to lose a federal or State contract or funding. |
12 | | (h) As used in this Section, "workplace" means the |
13 | | employer's premises, including any building, real property, |
14 | | and parking area under the control of the employer or area used |
15 | | by an employee while in the performance of the employee's job |
16 | | duties, and vehicles, whether leased, rented, or owned. |
17 | | "Workplace" may be further defined by the employer's written |
18 | | employment policy, provided that the policy is consistent with |
19 | | this Section. |
20 | | (i) For purposes of this Section, an employee is deemed |
21 | | "on call" when such employee is scheduled with at least 24 |
22 | | hours' notice by his or her employer to be on standby or |
23 | | otherwise responsible for performing tasks related to his or |
24 | | her employment either at the employer's premises or other |
25 | | previously designated location by his or her employer or |
26 | | supervisor to perform a work-related task.
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1 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) |
2 | | (410 ILCS 705/15-5)
|
3 | | Sec. 15-5. Authority. |
4 | | (a) In this Article : , |
5 | | "Commission" means the Cannabis Equity and Oversight |
6 | | Commission. |
7 | | "Department" means the Department of Financial and |
8 | | Professional Regulation. |
9 | | (b) It is the duty of the Commission Department to |
10 | | administer and enforce the provisions of this Act relating to |
11 | | the licensure and oversight of dispensing organizations and |
12 | | dispensing organization agents unless otherwise provided in |
13 | | this Act. |
14 | | (c) No person shall operate a dispensing organization for |
15 | | the purpose of serving purchasers of cannabis or cannabis |
16 | | products without a license issued under this Article by the |
17 | | Commission Department . No person shall be an officer, |
18 | | director, manager, or employee of a dispensing organization |
19 | | without having been issued a dispensing organization agent |
20 | | card by the Commission Department . |
21 | | (d) Subject to the provisions of this Act, the Commission |
22 | | Department may exercise the following powers and duties: |
23 | | (1) Prescribe forms to be issued for the |
24 | | administration and enforcement of this Article. |
25 | | (2) Examine, inspect, and investigate the premises, |
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1 | | operations, and records of dispensing organization |
2 | | applicants and licensees. |
3 | | (3) Conduct investigations of possible violations of |
4 | | this Act pertaining to dispensing organizations and |
5 | | dispensing organization agents. |
6 | | (4) Conduct hearings on proceedings to refuse to issue |
7 | | or renew licenses or to revoke, suspend, place on |
8 | | probation, reprimand, or otherwise discipline a license |
9 | | under this Article or take other nondisciplinary action. |
10 | | (5) Adopt rules required for the administration of |
11 | | this Article.
|
12 | | (Source: P.A. 101-27, eff. 6-25-19.) |
13 | | (410 ILCS 705/15-15)
|
14 | | Sec. 15-15. Early Approval Adult Use Dispensing |
15 | | Organization License. |
16 | | (a) Any medical cannabis dispensing organization holding a |
17 | | valid registration under the Compassionate Use of Medical |
18 | | Cannabis Program Act as of the effective date of this Act may, |
19 | | within 60 days of the effective date of this Act, apply to the |
20 | | Commission Department for an Early Approval Adult Use |
21 | | Dispensing Organization License to serve purchasers at any |
22 | | medical cannabis dispensing location in operation on the |
23 | | effective date of this Act, pursuant to this Section. |
24 | | (b) A medical cannabis dispensing organization seeking |
25 | | issuance of an Early Approval Adult Use Dispensing |
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1 | | Organization License to serve purchasers at any medical |
2 | | cannabis dispensing location in operation as of the effective |
3 | | date of this Act shall submit an application on forms provided |
4 | | by the Commission Department . The application must be |
5 | | submitted by the same person or entity that holds the medical |
6 | | cannabis dispensing organization registration and include the |
7 | | following: |
8 | | (1) Payment of a nonrefundable fee of $30,000 to be |
9 | | deposited into the Cannabis Regulation Fund; |
10 | | (2) Proof of registration as a medical cannabis |
11 | | dispensing organization that is in good standing; |
12 | | (3) Certification that the applicant will comply with |
13 | | the requirements contained in the Compassionate Use of |
14 | | Medical Cannabis Program Act except as provided in this |
15 | | Act; |
16 | | (4) The legal name of the dispensing organization; |
17 | | (5) The physical address of the dispensing |
18 | | organization; |
19 | | (6) The name, address, social security number, and |
20 | | date of birth of each principal officer and board member |
21 | | of the dispensing organization, each of whom must be at |
22 | | least 21 years of age; |
23 | | (7) A nonrefundable Cannabis Business Development Fee |
24 | | equal to 3% of the dispensing organization's total sales |
25 | | between June 1, 2018 to June 1, 2019, or $100,000, |
26 | | whichever is less, to be deposited into the Cannabis |
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1 | | Business Development Fund; and |
2 | | (8) Identification of one of the following Social |
3 | | Equity Inclusion Plans to be completed by March 31, 2021: |
4 | | (A) Make a contribution of 3% of total sales from |
5 | | June 1, 2018 to June 1, 2019, or $100,000, whichever is |
6 | | less, to the Cannabis Business Development Fund. This |
7 | | is in addition to the fee required by item (7) of this |
8 | | subsection (b); |
9 | | (B) Make a grant of 3% of total sales from June 1, |
10 | | 2018 to June 1, 2019, or $100,000, whichever is less, |
11 | | to a cannabis industry training or education program |
12 | | at an Illinois community college as defined in the |
13 | | Public Community College Act; |
14 | | (C) Make a donation of $100,000 or more to a |
15 | | program that provides job training services to persons |
16 | | recently incarcerated or that operates in a |
17 | | Disproportionately Impacted Area; |
18 | | (D) Participate as a host in a cannabis business |
19 | | establishment incubator program approved by the |
20 | | Department of Commerce and Economic Opportunity, and |
21 | | in which an Early Approval Adult Use Dispensing |
22 | | Organization License holder agrees to provide a loan |
23 | | of at least $100,000 and mentorship to incubate, for |
24 | | at least a year, a Social Equity Applicant intending |
25 | | to seek a license or a licensee that qualifies as a |
26 | | Social Equity Applicant. As used in this Section, |
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1 | | "incubate" means providing direct financial assistance |
2 | | and training necessary to engage in licensed cannabis |
3 | | industry activity similar to that of the host |
4 | | licensee. The Early Approval Adult Use Dispensing |
5 | | Organization License holder or the same entity holding |
6 | | any other licenses issued pursuant to this Act shall |
7 | | not take an ownership stake of greater than 10% in any |
8 | | business receiving incubation services to comply with |
9 | | this subsection. If an Early Approval Adult Use |
10 | | Dispensing Organization License holder fails to find a |
11 | | business to incubate to comply with this subsection |
12 | | before its Early Approval Adult Use Dispensing |
13 | | Organization License expires, it may opt to meet the |
14 | | requirement of this subsection by completing another |
15 | | item from this subsection; or |
16 | | (E) Participate in a sponsorship program for at |
17 | | least 2 years approved by the Department of Commerce |
18 | | and Economic Opportunity in which an Early Approval |
19 | | Adult Use Dispensing Organization License holder |
20 | | agrees to provide an interest-free loan of at least |
21 | | $200,000 to a Social Equity Applicant. The sponsor |
22 | | shall not take an ownership stake in any cannabis |
23 | | business establishment receiving sponsorship services |
24 | | to comply with this subsection. |
25 | | (b-5) Beginning 90 days after the effective date of this |
26 | | amendatory Act of the 102nd General Assembly, an Early |
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1 | | Approval Adult Use Dispensing Organization licensee whose |
2 | | license was issued pursuant to this Section may apply to |
3 | | relocate within the same geographic district where its |
4 | | existing associated medical cannabis dispensing organization |
5 | | dispensary licensed under the Compassionate Use of Medical |
6 | | Cannabis Act is authorized to operate. A request to relocate |
7 | | under this subsection is subject to approval by the Commission |
8 | | Department . An Early Approval Adult Use Dispensing |
9 | | Organization's application to relocate its license under this |
10 | | subsection shall be deemed approved 30 days following the |
11 | | submission of a complete application to relocate, unless |
12 | | sooner approved or denied in writing by the Commission |
13 | | Department . If an application to relocate is denied, the |
14 | | Commission Department shall provide, in writing, the specific |
15 | | reason for denial. |
16 | | An Early Approval Adult Use Dispensing Organization may |
17 | | request to relocate under this subsection if: |
18 | | (1) its existing location is within the boundaries of |
19 | | a unit of local government that prohibits the sale of |
20 | | adult use cannabis; or |
21 | | (2) the Early Approval Adult Use Dispensing |
22 | | Organization has obtained the approval of the municipality |
23 | | or, if outside the boundaries of a municipality in an |
24 | | unincorporated area of the county, the approval of the |
25 | | county where the existing license is located to move to |
26 | | another location within that unit of local government. |
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1 | | At no time may an Early Approval Adult Use Dispensing |
2 | | Organization dispensary licensed under this Section operate in |
3 | | a separate facility from its associated medical cannabis |
4 | | dispensing organization dispensary licensed under the |
5 | | Compassionate Use of Medical Cannabis Act . The relocation of |
6 | | an Early Approval Adult Use Dispensing Organization License |
7 | | under this subsection shall be subject to Sections 55-25 and |
8 | | 55-28 of this Act. |
9 | | (c) The license fee required by paragraph (1) of |
10 | | subsection (b) of this Section shall be in addition to any |
11 | | license fee required for the renewal of a registered medical |
12 | | cannabis dispensing organization license. |
13 | | (d) Applicants must submit all required information, |
14 | | including the requirements in subsection (b) of this Section, |
15 | | to the Commission Department . Failure by an applicant to |
16 | | submit all required information may result in the application |
17 | | being disqualified. |
18 | | (e) If the Commission Department receives an application |
19 | | that fails to provide the required elements contained in |
20 | | subsection (b), the Commission Department shall issue a |
21 | | deficiency notice to the applicant. The applicant shall have |
22 | | 10 calendar days from the date of the deficiency notice to |
23 | | submit complete information. Applications that are still |
24 | | incomplete after this opportunity to cure may be disqualified. |
25 | | (f) If an applicant meets all the requirements of |
26 | | subsection (b) of this Section, the Commission Department |
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1 | | shall issue the Early Approval Adult Use Dispensing |
2 | | Organization License within 14 days of receiving a completed |
3 | | application unless: |
4 | | (1) The licensee or a principal officer is delinquent |
5 | | in filing any required tax returns or paying any amounts |
6 | | owed to the State of Illinois; |
7 | | (2) The Commission Secretary of Financial and |
8 | | Professional Regulation determines there is reason, based |
9 | | on documented compliance violations, the licensee is not |
10 | | entitled to an Early Approval Adult Use Dispensing |
11 | | Organization License; or |
12 | | (3) Any principal officer fails to register and remain |
13 | | in compliance with this Act or the Compassionate Use of |
14 | | Medical Cannabis Program Act . |
15 | | (g) A registered medical cannabis dispensing organization |
16 | | that obtains an Early Approval Adult Use Dispensing |
17 | | Organization License may begin selling cannabis, |
18 | | cannabis-infused products, paraphernalia, and related items to |
19 | | purchasers under the rules of this Act no sooner than January |
20 | | 1, 2020. |
21 | | (h) A dispensing organization holding a medical cannabis |
22 | | dispensing organization license issued under the Compassionate |
23 | | Use of Medical Cannabis Program Act must maintain an adequate |
24 | | supply of cannabis and cannabis-infused products for purchase |
25 | | by qualifying patients, caregivers, provisional patients, and |
26 | | Opioid Alternative Pilot Program participants. For the |
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1 | | purposes of this subsection, "adequate supply" means a monthly |
2 | | inventory level that is comparable in type and quantity to |
3 | | those medical cannabis products provided to patients and |
4 | | caregivers on an average monthly basis for the 6 months before |
5 | | the effective date of this Act. |
6 | | (i) If there is a shortage of cannabis or cannabis-infused |
7 | | products, a dispensing organization holding both a dispensing |
8 | | organization license under Article 75 and under Article 15 the |
9 | | Compassionate Use of Medical Cannabis Program Act and this Act |
10 | | shall prioritize serving qualifying patients, caregivers, |
11 | | provisional patients, and Opioid Alternative Pilot Program |
12 | | participants before serving purchasers. |
13 | | (j) Notwithstanding any law or rule to the contrary, a |
14 | | person who that holds a medical cannabis dispensing |
15 | | organization license issued under the Compassionate Use of |
16 | | Medical Cannabis Program Act and an Early Approval Adult Use |
17 | | Dispensing Organization License may permit purchasers into a |
18 | | limited access area as that term is defined in administrative |
19 | | rules made under the authority in the Compassionate Use of |
20 | | Medical Cannabis Program Act . |
21 | | (k) An Early Approval Adult Use Dispensing Organization |
22 | | License is valid until March 31, 2021. A dispensing |
23 | | organization that obtains an Early Approval Adult Use |
24 | | Dispensing Organization License shall receive written or |
25 | | electronic notice 90 days before the expiration of the license |
26 | | that the license will expire, and that informs the license |
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1 | | holder that it may apply to renew its Early Approval Adult Use |
2 | | Dispensing Organization License on forms provided by the |
3 | | Commission Department . The Commission Department shall renew |
4 | | the Early Approval Adult Use Dispensing Organization License |
5 | | within 60 days of the renewal application being deemed |
6 | | complete if: |
7 | | (1) the dispensing organization submits an application |
8 | | and the required nonrefundable renewal fee of $30,000, to |
9 | | be deposited into the Cannabis Regulation Fund; |
10 | | (2) the Commission Department has not suspended or |
11 | | permanently revoked the Early Approval Adult Use |
12 | | Dispensing Organization License or a medical cannabis |
13 | | dispensing organization license on the same premises for |
14 | | violations of this Act, the Compassionate Use of Medical |
15 | | Cannabis Program Act , or rules adopted pursuant to those |
16 | | Acts; |
17 | | (3) the dispensing organization has completed a Social |
18 | | Equity Inclusion Plan as provided by parts (A), (B), and |
19 | | (C) of paragraph (8) of subsection (b) of this Section or |
20 | | has made substantial progress toward completing a Social |
21 | | Equity Inclusion Plan as provided by parts (D) and (E) of |
22 | | paragraph (8) of subsection (b) of this Section; and |
23 | | (4) the dispensing organization is in compliance with |
24 | | this Act and rules. |
25 | | (l) The Early Approval Adult Use Dispensing Organization |
26 | | License renewed pursuant to subsection (k) of this Section |
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1 | | shall expire March 31, 2022. The Early Approval Adult Use |
2 | | Dispensing Organization Licensee shall receive written or |
3 | | electronic notice 90 days before the expiration of the license |
4 | | that the license will expire, and that informs the license |
5 | | holder that it may apply for an Adult Use Dispensing |
6 | | Organization License on forms provided by the Commission |
7 | | Department . The Commission Department shall grant an Adult Use |
8 | | Dispensing Organization License within 60 days of an |
9 | | application being deemed complete if the applicant has met all |
10 | | of the criteria in Section 15-36. |
11 | | (m) If a dispensing organization fails to submit an |
12 | | application for renewal of an Early Approval Adult Use |
13 | | Dispensing Organization License or for an Adult Use Dispensing |
14 | | Organization License before the expiration dates provided in |
15 | | subsections (k) and (l) of this Section, the dispensing |
16 | | organization shall cease serving purchasers and cease all |
17 | | operations until it receives a renewal or an Adult Use |
18 | | Dispensing Organization License, as the case may be. |
19 | | (n) A dispensing organization agent who holds a valid |
20 | | dispensing organization agent identification card issued under |
21 | | the Compassionate Use of Medical Cannabis Program Act and is |
22 | | an officer, director, manager, or employee of the dispensing |
23 | | organization licensed under this Section may engage in all |
24 | | activities authorized by this Article to be performed by a |
25 | | dispensing organization agent. |
26 | | (o) If the Commission Department suspends, permanently |
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1 | | revokes, or otherwise disciplines the Early Approval Adult Use |
2 | | Dispensing Organization License of a dispensing organization |
3 | | that also holds a medical cannabis dispensing organization |
4 | | license issued under the Compassionate Use of Medical Cannabis |
5 | | Program Act , the Commission Department may consider the |
6 | | suspension, permanent revocation, or other discipline of the |
7 | | medical cannabis dispensing organization license. |
8 | | (p) All fees collected pursuant to this Section shall be |
9 | | deposited into the Cannabis Regulation Fund, unless otherwise |
10 | | specified.
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11 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; |
12 | | 102-98, eff. 7-15-21.) |
13 | | (410 ILCS 705/15-20)
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14 | | Sec. 15-20. Early Approval Adult Use Dispensing |
15 | | Organization License; secondary site. |
16 | | (a) Any medical cannabis dispensing organization holding a |
17 | | valid registration under the Compassionate Use of Medical |
18 | | Cannabis Program Act as of the effective date of this Act may, |
19 | | within 60 days of the effective date of this Act, apply to the |
20 | | Commission Department for an Early Approval Adult Use |
21 | | Dispensing Organization License to operate a dispensing |
22 | | organization to serve purchasers at a secondary site not |
23 | | within 1,500 feet of another medical cannabis dispensing |
24 | | organization or adult use dispensing organization. The Early |
25 | | Approval Adult Use Dispensing Organization secondary site |
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1 | | shall be within any BLS Region that shares territory with the |
2 | | dispensing organization district to which the medical cannabis |
3 | | dispensing organization is assigned under the administrative |
4 | | rules for dispensing organizations under the Compassionate Use |
5 | | of Medical Cannabis Program Act . |
6 | | (a-5) If, within 360 days of the effective date of this |
7 | | Act, a dispensing organization is unable to find a location |
8 | | within the BLS Regions prescribed in subsection (a) of this |
9 | | Section in which to operate an Early Approval Adult Use |
10 | | Dispensing Organization at a secondary site because no |
11 | | jurisdiction within the prescribed area allows the operation |
12 | | of an Adult Use Cannabis Dispensing Organization, the |
13 | | Commission Department of Financial and Professional Regulation |
14 | | may waive the geographic restrictions of subsection (a) of |
15 | | this Section and specify another BLS Region into which the |
16 | | dispensary may be placed. |
17 | | (b) (Blank). |
18 | | (c) A medical cannabis dispensing organization seeking |
19 | | issuance of an Early Approval Adult Use Dispensing |
20 | | Organization License at a secondary site to serve purchasers |
21 | | at a secondary site as prescribed in subsection (a) of this |
22 | | Section shall submit an application on forms provided by the |
23 | | Commission Department . The application must meet or include |
24 | | the following qualifications: |
25 | | (1) a payment of a nonrefundable application fee of |
26 | | $30,000; |
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1 | | (2) proof of registration as a medical cannabis |
2 | | dispensing organization that is in good standing; |
3 | | (3) submission of the application by the same person |
4 | | or entity that holds the medical cannabis dispensing |
5 | | organization registration; |
6 | | (4) the legal name of the medical cannabis dispensing |
7 | | organization; |
8 | | (5) the physical address of the medical cannabis |
9 | | dispensing organization and the proposed physical address |
10 | | of the secondary site; |
11 | | (6) a copy of the current local zoning ordinance |
12 | | Sections relevant to dispensary operations and |
13 | | documentation of the approval, the conditional approval or |
14 | | the status of a request for zoning approval from the local |
15 | | zoning office that the proposed dispensary location is in |
16 | | compliance with the local zoning rules; |
17 | | (7) a plot plan of the dispensary drawn to scale. The |
18 | | applicant shall submit general specifications of the |
19 | | building exterior and interior layout; |
20 | | (8) a statement that the dispensing organization |
21 | | agrees to respond to the Commission's Department's |
22 | | supplemental requests for information; |
23 | | (9) for the building or land to be used as the proposed |
24 | | dispensary: |
25 | | (A) if the property is not owned by the applicant, |
26 | | a written statement from the property owner and |
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1 | | landlord, if any, certifying consent that the |
2 | | applicant may operate a dispensary on the premises; or |
3 | | (B) if the property is owned by the applicant, |
4 | | confirmation of ownership; |
5 | | (10) a copy of the proposed operating bylaws; |
6 | | (11) a copy of the proposed business plan that |
7 | | complies with the requirements in this Act, including, at |
8 | | a minimum, the following: |
9 | | (A) a description of services to be offered; and |
10 | | (B) a description of the process of dispensing |
11 | | cannabis; |
12 | | (12) a copy of the proposed security plan that |
13 | | complies with the requirements in this Article, including: |
14 | | (A) a description of the delivery process by which |
15 | | cannabis will be received from a transporting |
16 | | organization, including receipt of manifests and |
17 | | protocols that will be used to avoid diversion, theft, |
18 | | or loss at the dispensary acceptance point; and |
19 | | (B) the process or controls that will be |
20 | | implemented to monitor the dispensary, secure the |
21 | | premises, agents, patients, and currency, and prevent |
22 | | the diversion, theft, or loss of cannabis; and |
23 | | (C) the process to ensure that access to the |
24 | | restricted access areas is restricted to, registered |
25 | | agents, service professionals, transporting |
26 | | organization agents, Commission Department inspectors, |
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1 | | and security personnel; |
2 | | (13) a proposed inventory control plan that complies |
3 | | with this Section; |
4 | | (14) the name, address, social security number, and |
5 | | date of birth of each principal officer and board member |
6 | | of the dispensing organization; each of those individuals |
7 | | shall be at least 21 years of age; |
8 | | (15) a nonrefundable Cannabis Business Development Fee |
9 | | equal to $200,000, to be deposited into the Cannabis |
10 | | Business Development Fund; and |
11 | | (16) a commitment to completing one of the following |
12 | | Social Equity Inclusion Plans in subsection (d). |
13 | | (d) Before receiving an Early Approval Adult Use |
14 | | Dispensing Organization License at a secondary site, a |
15 | | dispensing organization shall indicate the Social Equity |
16 | | Inclusion Plan that the applicant plans to achieve before the |
17 | | expiration of the Early Approval Adult Use Dispensing |
18 | | Organization License from the list below: |
19 | | (1) make a contribution of 3% of total sales from June |
20 | | 1, 2018 to June 1, 2019, or $100,000, whichever is less, to |
21 | | the Cannabis Business Development Fund. This is in |
22 | | addition to the fee required by paragraph (16) of |
23 | | subsection (c) of this Section; |
24 | | (2) make a grant of 3% of total sales from June 1, 2018 |
25 | | to June 1, 2019, or $100,000, whichever is less, to a |
26 | | cannabis industry training or education program at an |
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1 | | Illinois community college as defined in the Public |
2 | | Community College Act; |
3 | | (3) make a donation of $100,000 or more to a program |
4 | | that provides job training services to persons recently |
5 | | incarcerated or that operates in a Disproportionately |
6 | | Impacted Area; |
7 | | (4) participate as a host in a cannabis business |
8 | | establishment incubator program approved by the Department |
9 | | of Commerce and Economic Opportunity, and in which an |
10 | | Early Approval Adult Use Dispensing Organization License |
11 | | at a secondary site holder agrees to provide a loan of at |
12 | | least $100,000 and mentorship to incubate, for at
least a |
13 | | year, a Social Equity Applicant intending to
seek a |
14 | | license or a licensee that qualifies as a Social Equity |
15 | | Applicant. In this paragraph (4), "incubate" means |
16 | | providing direct financial assistance and training |
17 | | necessary to engage in licensed cannabis industry activity |
18 | | similar to that of the host licensee. The Early Approval |
19 | | Adult Use Dispensing Organization License holder or the |
20 | | same entity holding any other licenses issued under this |
21 | | Act shall not take an ownership stake of greater than 10% |
22 | | in any business receiving incubation services to comply |
23 | | with this subsection. If an Early Approval Adult Use |
24 | | Dispensing Organization License at a secondary site holder |
25 | | fails to find a business to incubate in order to comply |
26 | | with this subsection before its Early Approval Adult Use |
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1 | | Dispensing Organization License at a secondary site |
2 | | expires, it may opt to meet the requirement of this |
3 | | subsection by completing another item from this subsection |
4 | | before the expiration of its Early Approval Adult Use |
5 | | Dispensing Organization License at a secondary site to |
6 | | avoid a penalty; or |
7 | | (5) participate in a sponsorship program for at least |
8 | | 2 years approved by the Department of Commerce and |
9 | | Economic Opportunity in which an Early Approval Adult Use |
10 | | Dispensing Organization License at a secondary site holder |
11 | | agrees to provide an interest-free loan of at least |
12 | | $200,000 to a Social Equity Applicant. The sponsor shall |
13 | | not take an ownership stake of greater than 10% in any |
14 | | business receiving sponsorship services to comply with |
15 | | this subsection. |
16 | | (e) The license fee required by paragraph (1) of |
17 | | subsection (c) of this Section is in addition to any license |
18 | | fee required for the renewal of a registered medical cannabis |
19 | | dispensing organization license. |
20 | | (f) Applicants must submit all required information, |
21 | | including the requirements in subsection (c) 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. Principal officers shall not be required |
25 | | to submit to the fingerprint and background check requirements |
26 | | of Section 5-20. |
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1 | | (g) If the Commission Department receives an application |
2 | | that fails to provide the required elements contained in |
3 | | subsection (c), the Commission Department shall issue a |
4 | | deficiency notice to the applicant. The applicant shall have |
5 | | 10 calendar days from the date of the deficiency notice to |
6 | | submit complete information. Applications that are still |
7 | | incomplete after this opportunity to cure may be disqualified. |
8 | | (h) Once all required information and documents have been |
9 | | submitted, the Commission Department will review the |
10 | | application. The Commission Department may request revisions |
11 | | and retains final approval over dispensary features. Once the |
12 | | application is complete and meets the Commission's |
13 | | Department's approval, the Commission Department shall |
14 | | conditionally approve the license. Final approval is |
15 | | contingent on the build-out and Commission Department |
16 | | inspection. |
17 | | (i) Upon submission of the Early Approval Adult Use |
18 | | Dispensing Organization at a secondary site application, the |
19 | | applicant shall request an inspection and the Commission |
20 | | Department may inspect the Early Approval Adult Use Dispensing |
21 | | Organization's secondary site to confirm compliance with the |
22 | | application and this Act. |
23 | | (j) The Commission Department shall only issue an Early |
24 | | Approval Adult Use Dispensing Organization License at a |
25 | | secondary site after the completion of a successful |
26 | | inspection. |
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1 | | (k) If an applicant passes the inspection under this |
2 | | Section, the Commission Department shall issue the Early |
3 | | Approval Adult Use Dispensing Organization License at a |
4 | | secondary site within 10 business days unless: |
5 | | (1) The licensee, any principal officer or board |
6 | | member of the licensee, or any person having a financial |
7 | | or voting interest of 5% or greater in the licensee is |
8 | | delinquent in filing any required tax returns or paying |
9 | | any amounts owed to the State of Illinois; or |
10 | | (2) The Commission Secretary of Financial and |
11 | | Professional Regulation determines there is reason, based |
12 | | on documented compliance violations, the licensee is not |
13 | | entitled to an Early Approval Adult Use Dispensing |
14 | | Organization License at its secondary site. |
15 | | (l) Once the Commission Department has issued a license, |
16 | | the dispensing organization shall notify the Commission |
17 | | Department of the proposed opening date. |
18 | | (m) A registered medical cannabis dispensing organization |
19 | | that obtains an Early Approval Adult Use Dispensing |
20 | | Organization License at a secondary site may begin selling |
21 | | cannabis, cannabis-infused products, paraphernalia, and |
22 | | related items to purchasers under the rules of this Act no |
23 | | sooner than January 1, 2020. |
24 | | (n) If there is a shortage of cannabis or cannabis-infused |
25 | | products, a dispensing organization holding both a dispensing |
26 | | organization license under the Compassionate Use of Medical |
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1 | | Cannabis Program Act and this Article shall prioritize serving |
2 | | qualifying patients and caregivers before serving purchasers. |
3 | | (o) An Early Approval Adult Use Dispensing Organization |
4 | | License at a secondary site is valid until March 31, 2021. A |
5 | | dispensing organization that obtains an Early Approval Adult |
6 | | Use Dispensing Organization License at a secondary site shall |
7 | | receive written or electronic notice 90 days before the |
8 | | expiration of the license that the license will expire, and |
9 | | inform the license holder that it may renew its Early Approval |
10 | | Adult Use Dispensing Organization License at a secondary site. |
11 | | The Commission Department shall renew an Early Approval Adult |
12 | | Use Dispensing Organization License at a secondary site within |
13 | | 60 days of submission of the renewal application being deemed |
14 | | complete if: |
15 | | (1) the dispensing organization submits an application |
16 | | and the required nonrefundable renewal fee of $30,000, to |
17 | | be deposited into the Cannabis Regulation Fund; |
18 | | (2) the Commission Department has not suspended or |
19 | | permanently revoked the Early Approval Adult Use |
20 | | Dispensing Organization License or a medical cannabis |
21 | | dispensing organization license held by the same person or |
22 | | entity for violating this Act or rules adopted under this |
23 | | Act or the Compassionate Use of Medical Cannabis Program |
24 | | Act or rules adopted under that Act ; and |
25 | | (3) the dispensing organization has completed a Social |
26 | | Equity Inclusion Plan provided by paragraph (1), (2), or |
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1 | | (3) of subsection (d) of this Section or has made |
2 | | substantial progress toward completing a Social Equity |
3 | | Inclusion Plan provided by paragraph (4) or (5) of |
4 | | subsection (d) of this Section. |
5 | | (p) The Early Approval Adult Use Dispensing Organization |
6 | | Licensee at a secondary site renewed pursuant to subsection |
7 | | (o) shall receive written or electronic notice 90 days before |
8 | | the expiration of the license that the license will expire, |
9 | | and that informs the license holder that it may apply for an |
10 | | Adult Use Dispensing Organization License on forms provided by |
11 | | the Commission Department . The Commission Department shall |
12 | | grant an Adult Use Dispensing Organization License within 60 |
13 | | days of an application being deemed complete if the applicant |
14 | | has meet all of the criteria in Section 15-36. |
15 | | (q) If a dispensing organization fails to submit an |
16 | | application for renewal of an Early Approval Adult Use |
17 | | Dispensing Organization License or for an Adult Use Dispensing |
18 | | Organization License before the expiration dates provided in |
19 | | subsections (o) and (p) of this Section, the dispensing |
20 | | organization shall cease serving purchasers until it receives |
21 | | a renewal or an Adult Use Dispensing Organization License. |
22 | | (r) A dispensing organization agent who holds a valid |
23 | | dispensing organization agent identification card issued under |
24 | | the Compassionate Use of Medical Cannabis Program Act and is |
25 | | an officer, director, manager, or employee of the dispensing |
26 | | organization licensed under this Section may engage in all |
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1 | | activities authorized by this Article to be performed by a |
2 | | dispensing organization agent. |
3 | | (s) If the Commission Department suspends, permanently |
4 | | revokes, or otherwise disciplines the Early Approval Adult Use |
5 | | Dispensing Organization License of a dispensing organization |
6 | | that also holds a medical cannabis dispensing organization |
7 | | license issued under the Compassionate Use of Medical Cannabis |
8 | | Program Act , the Commission Department may consider the |
9 | | suspension, permanent revocation, or other discipline as |
10 | | grounds to take disciplinary action against the medical |
11 | | cannabis dispensing organization. |
12 | | (t) All fees collected pursuant to this Section shall be |
13 | | deposited into the Cannabis Regulation Fund, unless otherwise |
14 | | specified.
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15 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) |
16 | | (410 ILCS 705/15-30.20) |
17 | | Sec. 15-30.20. Tied Applicant Lottery; additional |
18 | | requirements; timing. |
19 | | (a) If awarding a license in a Tied Applicant Lottery |
20 | | would result in a Tied Applicant possessing more than 10 Early |
21 | | Approval Adult Use Dispensing Organization Licenses, Early |
22 | | Approval Adult Use Dispensing Organization Licenses at a |
23 | | secondary site, Conditional Adult Use Dispensing Organization |
24 | | Licenses, Adult Use Dispensing Organization Licenses, or any |
25 | | combination thereof, the Tied Applicant must choose which |
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1 | | license to abandon pursuant to subsection (d) of Section 15-36 |
2 | | and notify the Commission Department in writing within 5 |
3 | | business days after the date that the Tied Applicant Lottery |
4 | | is conducted. |
5 | | (b) The Commission Department shall publish the certified |
6 | | results of a Tied Applicant Lottery within 2 business days |
7 | | after the Tied Applicant Lottery is conducted.
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8 | | (Source: P.A. 102-98, eff. 7-15-21.) |
9 | | (410 ILCS 705/15-35.10) |
10 | | Sec. 15-35.10. Social Equity Justice Involved Lottery for |
11 | | Conditional Adult Use Dispensing Organization Licenses. |
12 | | (a) In addition to any of the licenses issued under |
13 | | Section 15-15, Section 15-20, Section 15-25, Section 15-30.20, |
14 | | or Section 15-35, within 10 business days after the resulting |
15 | | final scores for all scored applications pursuant to Sections |
16 | | 15-25 and 15-30 are released, the Commission Department shall |
17 | | issue up to 55 Conditional Adult Use Dispensing Organization |
18 | | Licenses by lot, pursuant to the application process adopted |
19 | | under this Section. In order to be eligible to be awarded a |
20 | | Conditional Adult Use Dispensing Organization License by lot, |
21 | | a Dispensary Applicant must be a Qualifying Social Equity |
22 | | Justice Involved Applicant. |
23 | | The licenses issued under this Section shall be awarded in |
24 | | each BLS Region in the following amounts: |
25 | | (1) Bloomington: 1. |
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1 | | (2) Cape Girardeau: 1. |
2 | | (3) Carbondale-Marion: 1. |
3 | | (4) Champaign-Urbana: 1. |
4 | | (5) Chicago-Naperville-Elgin: 36. |
5 | | (6) Danville: 1. |
6 | | (7) Davenport-Moline-Rock Island: 1. |
7 | | (8) Decatur: 1. |
8 | | (9) Kankakee: 1. |
9 | | (10) Peoria: 2. |
10 | | (11) Rockford: 1. |
11 | | (12) St. Louis: 3. |
12 | | (13) Springfield: 1. |
13 | | (14) Northwest Illinois nonmetropolitan: 1. |
14 | | (15) West Central Illinois nonmetropolitan: 1. |
15 | | (16) East Central Illinois nonmetropolitan: 1. |
16 | | (17) South Illinois nonmetropolitan: 1. |
17 | | (a-5) Prior to issuing licenses under subsection (a), the |
18 | | Commission Department may adopt rules through emergency |
19 | | rulemaking in accordance with subsection (kk) of Section 5-45 |
20 | | of the Illinois Administrative Procedure Act. The General |
21 | | Assembly finds that the adoption of rules to regulate cannabis |
22 | | use is deemed an emergency and necessary for the public |
23 | | interest, safety, and welfare. |
24 | | (b) The Commission Department shall distribute the |
25 | | available licenses established under this Section subject to |
26 | | the following: |
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1 | | (1) The drawing by lot for all available licenses |
2 | | established under this Section shall occur on the same day |
3 | | when practicable. |
4 | | (2) Within each BLS Region, the first Qualifying |
5 | | Social Equity Justice Involved Applicant drawn will have |
6 | | the first right to an available license. The second |
7 | | Qualifying Social Equity Justice Involved Applicant drawn |
8 | | will have the second right to an available license. The |
9 | | same pattern will continue for each subsequent applicant |
10 | | drawn. |
11 | | (3) The process for distributing available licenses |
12 | | under this Section shall be recorded by the Commission |
13 | | Department in a format selected by the Commission |
14 | | Department . |
15 | | (4) A Dispensary Applicant is prohibited from becoming |
16 | | a Qualifying Social Equity Justice Involved Applicant if a |
17 | | principal officer resigns after the resulting final scores |
18 | | for all scored applications pursuant to Sections 15-25 and |
19 | | 15-30 are released. |
20 | | (5) No Qualifying Social Equity Justice Involved |
21 | | Applicant may be awarded more than 2 Conditional Adult Use |
22 | | Dispensing Organization Licenses at the conclusion of a |
23 | | lottery conducted under this Section. |
24 | | (6) No individual may be listed as a principal officer |
25 | | of more than 2 Conditional Adult Use Dispensing |
26 | | Organization Licenses awarded under this Section. |
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1 | | (7) If, upon being selected for an available license |
2 | | established under this Section, a Qualifying Social Equity |
3 | | Justice Involved Applicant exceeds the limits under |
4 | | paragraph (5) or (6), the Qualifying Social Equity Justice |
5 | | Involved Applicant must choose which license to abandon |
6 | | and notify the Commission Department in writing within 5 |
7 | | business days on forms prescribed by the Commission |
8 | | Department . If the Qualifying Social Equity Justice |
9 | | Involved Applicant does not notify the Commission |
10 | | Department as required, the Commission Department shall |
11 | | refuse to issue the Qualifying Social Equity Justice |
12 | | Involved Applicant all available licenses established |
13 | | under this Section obtained by lot in all BLS Regions. |
14 | | (8) If, upon being selected for an available license |
15 | | established under this Section, a Qualifying Social Equity |
16 | | Justice Involved Applicant has a principal officer who is |
17 | | a principal officer in more than 10 Early Approval Adult |
18 | | Use Dispensing Organization Licenses, Conditional Adult |
19 | | Use Dispensing Organization Licenses, Adult Use Dispensing |
20 | | Organization Licenses, or any combination thereof, the |
21 | | licensees and the Qualifying Social Equity Justice |
22 | | Involved Applicant listing that principal officer must |
23 | | choose which license to abandon pursuant to subsection (d) |
24 | | of Section 15-36 and notify the Commission Department in |
25 | | writing within 5 business days on forms prescribed by the |
26 | | Commission Department . If the Dispensary Applicant or |
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1 | | licensees do not notify the Commission Department as |
2 | | required, the Commission Department shall refuse to issue |
3 | | the Qualifying Social Equity Justice Involved Applicant |
4 | | all available licenses established under this Section |
5 | | obtained by lot in all BLS Regions. |
6 | | (9) All available licenses that have been abandoned |
7 | | under paragraph (7) or (8) shall be distributed to the |
8 | | next Qualifying Social Equity Justice Involved Applicant |
9 | | drawn by lot. |
10 | | Any and all rights conferred or obtained under this |
11 | | subsection shall be limited to the provisions of this |
12 | | subsection. |
13 | | (c) An applicant who receives a Conditional Adult Use |
14 | | Dispensing Organization License under this Section has 180 |
15 | | days from the date of the award to identify a physical location |
16 | | for the dispensing organization's retail storefront. The |
17 | | applicant shall provide evidence that the location is not |
18 | | within 1,500 feet of an existing dispensing organization, |
19 | | unless the applicant is a Social Equity Applicant or Social |
20 | | Equity Justice Involved Applicant located or seeking to locate |
21 | | within 1,500 feet of a dispensing organization licensed under |
22 | | Section 15-15 or Section 15-20. If an applicant is unable to |
23 | | find a suitable physical address in the opinion of the |
24 | | Commission Department within 180 days from the issuance of the |
25 | | Conditional Adult Use Dispensing Organization License, the |
26 | | Commission Department may extend the period for finding a |
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1 | | physical address another 180 days if the Conditional Adult Use |
2 | | Dispensing Organization License holder demonstrates a concrete |
3 | | attempt to secure a location and a hardship. If the Commission |
4 | | Department denies the extension or the Conditional Adult Use |
5 | | Dispensing Organization License holder is unable to find a |
6 | | location or become operational within 360 days of being |
7 | | awarded a Conditional Adult Use Dispensing Organization |
8 | | License under this Section, the Commission Department shall |
9 | | rescind the Conditional Adult Use Dispensing Organization |
10 | | License and award it pursuant to subsection (b) and notify the |
11 | | new awardee at the email address provided in the awardee's |
12 | | application, provided the applicant receiving the Conditional |
13 | | Adult Use Dispensing Organization License: (i) confirms a |
14 | | continued interest in operating a dispensing organization; |
15 | | (ii) can provide evidence that the applicant continues to meet |
16 | | all requirements for holding a Conditional Adult Use |
17 | | Dispensing Organization License set forth in this Act; and |
18 | | (iii) has not otherwise become ineligible to be awarded a |
19 | | Conditional Adult Use Dispensing Organization License. If the |
20 | | new awardee is unable to accept the Conditional Adult Use |
21 | | Dispensing Organization License, the Commission Department |
22 | | shall award the Conditional Adult Use Dispensing Organization |
23 | | License pursuant to subsection (b). The new awardee shall be |
24 | | subject to the same required deadlines as provided in this |
25 | | subsection. |
26 | | (d) If, within 180 days of being awarded a Conditional |
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1 | | Adult Use Dispensing Organization License, a dispensing |
2 | | organization is unable to find a location within the BLS |
3 | | Region in which it was awarded a Conditional Adult Use |
4 | | Dispensing Organization License under this Section because no |
5 | | jurisdiction within the BLS Region allows for the operation of |
6 | | an Adult Use Dispensing Organization, the Commission |
7 | | Department may authorize the Conditional Adult Use Dispensing |
8 | | Organization License holder to transfer its Conditional Adult |
9 | | Use Dispensing Organization License to a BLS Region specified |
10 | | by the Commission Department . |
11 | | (e) A dispensing organization that is awarded a |
12 | | Conditional Adult Use Dispensing Organization License under |
13 | | this Section shall not purchase, possess, sell, or dispense |
14 | | cannabis or cannabis-infused products until the dispensing |
15 | | organization has received an Adult Use Dispensing Organization |
16 | | License issued by the Commission Department pursuant to |
17 | | Section 15-36. |
18 | | (f) The Commission Department shall conduct a background |
19 | | check of the prospective dispensing organization agents in |
20 | | order to carry out this Article. The Illinois State Police |
21 | | shall charge the applicant a fee for conducting the criminal |
22 | | history record check, which shall be deposited into the State |
23 | | Police Services Fund and shall not exceed the actual cost of |
24 | | the record check. Each person applying as a dispensing |
25 | | organization agent shall submit a full set of fingerprints to |
26 | | the Illinois State Police for the purpose of obtaining a State |
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1 | | and federal criminal records check. These fingerprints shall |
2 | | be checked against the fingerprint records now and hereafter, |
3 | | to the extent allowed by law, filed with the Illinois State |
4 | | Police and the Federal Bureau of Investigation criminal |
5 | | history records databases. The Illinois State Police shall |
6 | | furnish, following positive identification, all Illinois |
7 | | conviction information to the Commission Department . |
8 | | (g) The Commission Department may verify information |
9 | | contained in each application and accompanying documentation |
10 | | to assess the applicant's veracity and fitness to operate a |
11 | | dispensing organization. |
12 | | (h) The Commission Department may, in its discretion, |
13 | | refuse to issue an authorization to an applicant who meets any |
14 | | of the following criteria: |
15 | | (1) An applicant who is unqualified to perform the |
16 | | duties required of the applicant. |
17 | | (2) An applicant who fails to disclose or states |
18 | | falsely any information called for in the application. |
19 | | (3) An applicant who has been found guilty of a |
20 | | violation of this Act, who has had any disciplinary order |
21 | | entered against the applicant by the Commission |
22 | | Department , who has entered into a disciplinary or |
23 | | nondisciplinary agreement with the Commission Department , |
24 | | whose medical cannabis dispensing organization, medical |
25 | | cannabis cultivation organization, Early Approval Adult |
26 | | Use Dispensing Organization License, Early Approval Adult |
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1 | | Use Dispensing Organization License at a secondary site, |
2 | | Early Approval Cultivation Center License, Conditional |
3 | | Adult Use Dispensing Organization License, or Adult Use |
4 | | Dispensing Organization License was suspended, restricted, |
5 | | revoked, or denied for just cause, or whose cannabis |
6 | | business establishment license was suspended, restricted, |
7 | | revoked, or denied in any other state. |
8 | | (4) An applicant who has engaged in a pattern or |
9 | | practice of unfair or illegal practices, methods, or |
10 | | activities in the conduct of owning a cannabis business |
11 | | establishment or other business. |
12 | | (i) The Commission Department shall deny the license if |
13 | | any principal officer, board member, or person having a |
14 | | financial or voting interest of 5% or greater in the licensee |
15 | | is delinquent in filing any required tax return or paying any |
16 | | amount owed to the State of Illinois. |
17 | | (j) The Commission Department shall verify an applicant's |
18 | | compliance with the requirements of this Article and rules |
19 | | adopted under this Article before issuing a Conditional Adult |
20 | | Use Dispensing Organization License. |
21 | | (k) If an applicant is awarded a Conditional Adult Use |
22 | | Dispensing Organization License under this Section, the |
23 | | information and plans provided in the application, including |
24 | | any plans submitted for bonus points, shall become a condition |
25 | | of the Conditional Adult Use Dispensing Organization License |
26 | | and any Adult Use Dispensing Organization License issued to |
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1 | | the holder of the Conditional Adult Use Dispensing |
2 | | Organization License, except as otherwise provided by this Act |
3 | | or by rule. Dispensing organizations have a duty to disclose |
4 | | any material changes to the application. The Commission |
5 | | Department shall review all material changes disclosed by the |
6 | | dispensing organization and may reevaluate its prior decision |
7 | | regarding the awarding of a Conditional Adult Use Dispensing |
8 | | Organization License, including, but not limited to, |
9 | | suspending or permanently revoking a Conditional Adult Use |
10 | | Dispensing Organization License. Failure to comply with the |
11 | | conditions or requirements in the application may subject the |
12 | | dispensing organization to discipline up to and including |
13 | | suspension or permanent revocation of its authorization or |
14 | | Conditional Adult Use Dispensing Organization License by the |
15 | | Commission Department . |
16 | | (l) If an applicant has not begun operating as a |
17 | | dispensing organization within one year after the issuance of |
18 | | the Conditional Adult Use Dispensing Organization License |
19 | | under this Section, the Commission Department may permanently |
20 | | revoke the Conditional Adult Use Dispensing Organization |
21 | | License and award it to the next highest scoring applicant in |
22 | | the BLS Region if a suitable applicant indicates a continued |
23 | | interest in the Conditional Adult Use Dispensing Organization |
24 | | License or may begin a new selection process to award a |
25 | | Conditional Adult Use Dispensing Organization License.
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26 | | (Source: P.A. 102-98, eff. 7-15-21.) |
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1 | | (410 ILCS 705/15-35.20) |
2 | | Sec. 15-35.20. Conditional Adult Use Dispensing |
3 | | Organization Licenses on or after January 1, 2022. |
4 | | (a) In addition to any of the licenses issued under |
5 | | Section 15-15, Section 15-20, Section 15-25, Section 15-35, or |
6 | | Section 15-35.10, by January 1, 2022, the Commission |
7 | | Department may publish an application to issue additional |
8 | | Conditional Adult Use Dispensing Organization Licenses, and |
9 | | the Department shall collaborate with the Commission to |
10 | | complete the issuance of licenses under this Section, pursuant |
11 | | to the application process adopted under this Section. The |
12 | | Commission and the Department may adopt rules to issue any |
13 | | Conditional Adult Use Dispensing Organization Licenses under |
14 | | this Section. Such rules may: |
15 | | (1) Modify or change the BLS Regions as they apply to |
16 | | this Article or modify or raise the number of Adult |
17 | | Conditional Use Dispensing Organization Licenses assigned |
18 | | to each BLS Region based on the following factors: |
19 | | (A) Purchaser wait times. |
20 | | (B) Travel time to the nearest dispensary for |
21 | | potential purchasers. |
22 | | (C) Percentage of cannabis sales occurring in |
23 | | Illinois not in the regulated market using data from |
24 | | the Substance Abuse and Mental Health Services |
25 | | Administration, National Survey on Drug Use and |
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1 | | Health, Illinois Behavioral Risk Factor Surveillance |
2 | | System, and tourism data from the Illinois Office of |
3 | | Tourism to ascertain total cannabis consumption in |
4 | | Illinois compared to the amount of sales in licensed |
5 | | dispensing organizations. |
6 | | (D) Whether there is an adequate supply of |
7 | | cannabis and cannabis-infused products to serve |
8 | | registered medical cannabis patients. |
9 | | (E) Population increases or shifts. |
10 | | (F) Density of dispensing organizations in a |
11 | | region. |
12 | | (G) The Commission's Department's capacity to |
13 | | appropriately regulate additional licenses. |
14 | | (H) The findings and recommendations from the |
15 | | disparity and availability study commissioned by the |
16 | | Illinois Cannabis Regulation Oversight Officer in |
17 | | subsection (e) of Section 5-45 to reduce or eliminate |
18 | | any identified barriers to entry in the cannabis |
19 | | industry. |
20 | | (I) Any other criteria the Commission Department |
21 | | deems relevant. |
22 | | (2) Modify or change the licensing application process |
23 | | to reduce or eliminate the barriers identified in the |
24 | | disparity and availability study commissioned by the |
25 | | Illinois Cannabis Regulation Oversight Officer and make |
26 | | modifications to remedy evidence of discrimination. |
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1 | | (b) At no time shall the Commission Department issue more |
2 | | than 500 Adult Use Dispensing Organization Licenses. |
3 | | (c) The Commission Department shall issue at least 50 |
4 | | additional Conditional Adult Use Dispensing Organization |
5 | | Licenses on or before December 21, 2022.
|
6 | | (Source: P.A. 102-98, eff. 7-15-21.) |
7 | | (410 ILCS 705/15-55)
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8 | | Sec. 15-55. Financial responsibility. Evidence of |
9 | | financial responsibility is a requirement for the issuance, |
10 | | maintenance, or reactivation of a license under this Article. |
11 | | Evidence of financial responsibility shall be used to |
12 | | guarantee that the dispensing organization timely and |
13 | | successfully completes dispensary construction, operates in a |
14 | | manner that provides an uninterrupted supply of cannabis, |
15 | | faithfully pays registration renewal fees, keeps accurate |
16 | | books and records, makes regularly required reports, complies |
17 | | with State tax requirements, and conducts the dispensing |
18 | | organization in conformity with this Act and rules. Evidence |
19 | | of financial responsibility shall be provided by one of the |
20 | | following: |
21 | | (1) Establishing and maintaining an escrow or surety |
22 | | account in a financial institution in the amount of |
23 | | $50,000, with escrow terms, approved by the Commission |
24 | | Department , that it shall be payable to the Commission |
25 | | Department in the event of circumstances outlined in this |
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1 | | Act and rules. |
2 | | (A) A financial institution may not return money |
3 | | in an escrow or surety account to the dispensing |
4 | | organization that established the account or a |
5 | | representative of the organization unless the |
6 | | organization or representative presents a statement |
7 | | issued by the Commission Department indicating that |
8 | | the account may be released. |
9 | | (B) The escrow or surety account shall not be |
10 | | canceled on less than 30 days' notice in writing to the |
11 | | Commission Department , unless otherwise approved by |
12 | | the Commission Department . If an escrow or surety |
13 | | account is canceled and the registrant fails to secure |
14 | | a new account with the required amount on or before the |
15 | | effective date of cancellation, the registrant's |
16 | | registration may be permanently revoked. The total and |
17 | | aggregate liability of the surety on the bond is |
18 | | limited to the amount specified in the escrow or |
19 | | surety account. |
20 | | (2) Providing a surety bond in the amount of $50,000, |
21 | | naming the dispensing organization as principal of the |
22 | | bond, with terms, approved by the Commission Department , |
23 | | that the bond defaults to the Commission Department in the |
24 | | event of circumstances outlined in this Act and rules. |
25 | | Bond terms shall include: |
26 | | (A) The business name and registration number on |
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1 | | the bond must correspond exactly with the business |
2 | | name and registration number in the Commission's |
3 | | Department's records. |
4 | | (B) The bond must be written on a form approved by |
5 | | the Commission Department . |
6 | | (C) A copy of the bond must be received by the |
7 | | Commission Department within 90 days after the |
8 | | effective date. |
9 | | (D) The bond shall not be canceled by a surety on |
10 | | less than 30 days' notice in writing to the Commission |
11 | | Department . If a bond is canceled and the registrant |
12 | | fails to file a new bond with the Commission |
13 | | Department in the required amount on or before the |
14 | | effective date of cancellation, the registrant's |
15 | | registration may be permanently revoked. The total and |
16 | | aggregate liability of the surety on the bond is |
17 | | limited to the amount specified in the bond.
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18 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) |
19 | | (410 ILCS 705/15-75)
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20 | | Sec. 15-75. Inventory control system. (a) A dispensing |
21 | | organization agent-in-charge shall have primary oversight of |
22 | | the dispensing organization's cannabis inventory verification |
23 | | system, and its point-of-sale system. The inventory |
24 | | point-of-sale system shall be real-time, web-based, and |
25 | | accessible by the Commission Department at any time. The |
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1 | | point-of-sale system shall track, at a minimum the date of |
2 | | sale, amount, price, and currency. |
3 | | (b) A dispensing organization shall establish an account |
4 | | with the State's verification system that documents: |
5 | | (1) Each sales transaction at the time of sale and |
6 | | each day's beginning inventory, acquisitions, sales, |
7 | | disposal, and ending inventory. |
8 | | (2) Acquisition of cannabis and cannabis-infused |
9 | | products from a licensed adult use cultivation center, |
10 | | craft grower, infuser, or transporter, including: |
11 | | (i) A description of the products, including the |
12 | | quantity, strain, variety, and batch number of each |
13 | | product received; |
14 | | (ii) The name and registry identification number |
15 | | of the licensed adult use cultivation center, craft |
16 | | grower, or infuser providing the cannabis and |
17 | | cannabis-infused products; |
18 | | (iii) The name and registry identification number |
19 | | of the licensed adult use cultivation center, craft |
20 | | grower, infuser, or transporting agent delivering the |
21 | | cannabis; |
22 | | (iv) The name and registry identification number |
23 | | of the dispensing organization agent receiving the |
24 | | cannabis; and |
25 | | (v) The date of acquisition. |
26 | | (3) The disposal of cannabis, including: |
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1 | | (i) A description of the products, including the |
2 | | quantity, strain, variety, batch number, and reason |
3 | | for the cannabis being disposed; |
4 | | (ii) The method of disposal; and |
5 | | (iii) The date and time of disposal. |
6 | | (c) Upon cannabis delivery, a dispensing organization |
7 | | shall confirm the product's name, strain name, weight, and |
8 | | identification number on the manifest matches the information |
9 | | on the cannabis product label and package. The product name |
10 | | listed and the weight listed in the State's verification |
11 | | system shall match the product packaging. |
12 | | (d) The agent-in-charge shall conduct daily inventory |
13 | | reconciliation documenting and balancing cannabis inventory by |
14 | | confirming the State's verification system matches the |
15 | | dispensing organization's point-of-sale system and the amount |
16 | | of physical product at the dispensary. |
17 | | (1) A dispensing organization must receive Commission |
18 | | Department approval before completing an inventory |
19 | | adjustment. It shall provide a detailed reason for the |
20 | | adjustment. Inventory adjustment documentation shall be |
21 | | kept at the dispensary for 2 years from the date |
22 | | performed. |
23 | | (2) If the dispensing organization identifies an |
24 | | imbalance in the amount of cannabis after the daily |
25 | | inventory reconciliation due to mistake, the dispensing |
26 | | organization shall determine how the imbalance occurred |
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1 | | and immediately upon discovery take and document |
2 | | corrective action. If the dispensing organization cannot |
3 | | identify the reason for the mistake within 2 calendar days |
4 | | after first discovery, it shall inform the Commission |
5 | | Department immediately in writing of the imbalance and the |
6 | | corrective action taken to date. The dispensing |
7 | | organization shall work diligently to determine the reason |
8 | | for the mistake. |
9 | | (3) If the dispensing organization identifies an |
10 | | imbalance in the amount of cannabis after the daily |
11 | | inventory reconciliation or through other means due to |
12 | | theft, criminal activity, or suspected criminal activity, |
13 | | the dispensing organization shall immediately determine |
14 | | how the reduction occurred and take and document |
15 | | corrective action. Within 24 hours after the first |
16 | | discovery of the reduction due to theft, criminal |
17 | | activity, or suspected criminal activity, the dispensing |
18 | | organization shall inform the Commission Department and |
19 | | the Illinois State Police in writing. |
20 | | (4) The dispensing organization shall file an annual |
21 | | compilation report with the Commission Department , |
22 | | including a financial statement that shall include, but |
23 | | not be limited to, an income statement, balance sheet, |
24 | | profit and loss statement, statement of cash flow, |
25 | | wholesale cost and sales, and any other documentation |
26 | | requested by the Commission Department in writing. The |
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1 | | financial statement shall include any other information |
2 | | the Commission Department deems necessary in order to |
3 | | effectively administer this Act and all rules, orders, and |
4 | | final decisions promulgated under this Act. Statements |
5 | | required by this Section shall be filed with the |
6 | | Commission Department within 60 days after the end of the |
7 | | calendar year. The compilation report shall include a |
8 | | letter authored by a licensed certified public accountant |
9 | | that it has been reviewed and is accurate based on the |
10 | | information provided. The dispensing organization, |
11 | | financial statement, and accompanying documents are not |
12 | | required to be audited unless specifically requested by |
13 | | the Commission Department . |
14 | | (e) A dispensing organization shall: |
15 | | (1) Maintain the documentation required in this |
16 | | Section in a secure locked location at the dispensing |
17 | | organization for 5 years from the date on the document; |
18 | | (2) Provide any documentation required to be |
19 | | maintained in this Section to the Commission Department |
20 | | for review upon request; and |
21 | | (3) If maintaining a bank account, retain for a period |
22 | | of 5 years a record of each deposit or withdrawal from the |
23 | | account. |
24 | | (f) If a dispensing organization chooses to have a return |
25 | | policy for cannabis and cannabis products, the dispensing |
26 | | organization shall seek prior approval from the Commission |
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1 | | Department .
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2 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; |
3 | | 102-538, eff. 8-20-21.) |
4 | | (410 ILCS 705/15-85)
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5 | | Sec. 15-85. Dispensing cannabis. (a) Before a |
6 | | dispensing organization agent dispenses cannabis to a |
7 | | purchaser, the agent shall: |
8 | | (1) Verify the age of the purchaser by checking a |
9 | | government-issued identification card by use of an |
10 | | electronic reader or electronic scanning device to scan a |
11 | | purchaser's government-issued identification, if |
12 | | applicable, to determine the purchaser's age and the |
13 | | validity of the identification; |
14 | | (2) Verify the validity of the government-issued |
15 | | identification card by use of an electronic reader or |
16 | | electronic scanning device to scan a purchaser's |
17 | | government-issued identification, if applicable, to |
18 | | determine the purchaser's age and the validity of the |
19 | | identification; |
20 | | (3) Offer any appropriate purchaser education or |
21 | | support materials; |
22 | | (4) Enter the following information into the State's |
23 | | cannabis electronic verification system: |
24 | | (i) The dispensing organization agent's |
25 | | identification number, or if the agent's card |
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1 | | application is pending the Commission's Department's |
2 | | approval, a temporary and unique identifier until the |
3 | | agent's card application is approved or denied by the |
4 | | Commission Department ; |
5 | | (ii) The dispensing organization's identification |
6 | | number; |
7 | | (iii) The amount, type (including strain, if |
8 | | applicable) of cannabis or cannabis-infused product |
9 | | dispensed; |
10 | | (iv) The date and time the cannabis was dispensed. |
11 | | (b) A dispensing organization shall refuse to sell |
12 | | cannabis or cannabis-infused products to any person unless the |
13 | | person produces a valid identification showing that the person |
14 | | is 21 years of age or older. A medical cannabis dispensing |
15 | | organization may sell cannabis or cannabis-infused products to |
16 | | a person who is under 21 years of age if the sale complies with |
17 | | the provisions of the Compassionate Use of Medical Cannabis |
18 | | Program Act and rules. |
19 | | (c) For the purposes of this Section, valid identification |
20 | | must: |
21 | | (1) Be valid and unexpired; |
22 | | (2) Contain a photograph and the date of birth of the |
23 | | person.
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24 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; |
25 | | 102-98, eff. 7-15-21.) |
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1 | | (410 ILCS 705/15-90)
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2 | | Sec. 15-90. Destruction and disposal of cannabis. (a) |
3 | | Cannabis and cannabis-infused products must be destroyed by |
4 | | rendering them unusable using methods approved by the |
5 | | Commission Department that comply with this Act and rules. |
6 | | (b) Cannabis waste rendered unusable must be promptly |
7 | | disposed according to this Act and rules. Disposal of the |
8 | | cannabis waste rendered unusable may be delivered to a |
9 | | permitted solid waste facility for final disposition. |
10 | | Acceptable permitted solid waste facilities include, but are |
11 | | not limited to: |
12 | | (1) Compostable mixed waste: Compost, anaerobic |
13 | | digester, or other facility with approval of the |
14 | | jurisdictional health department. |
15 | | (2) Noncompostable mixed waste: Landfill, incinerator, |
16 | | or other facility with approval of the jurisdictional |
17 | | health department. |
18 | | (c) All waste and unusable product shall be weighed, |
19 | | recorded, and entered into the inventory system before |
20 | | rendering it unusable. All waste and unusable cannabis |
21 | | concentrates and cannabis-infused products shall be recorded |
22 | | and entered into the inventory system before rendering it |
23 | | unusable. Verification of this event shall be performed by an |
24 | | agent-in-charge and conducted in an area with video |
25 | | surveillance. |
26 | | (d) Electronic documentation of destruction and disposal |
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1 | | shall be maintained for a period of at least 5 years.
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2 | | (Source: P.A. 101-27, eff. 6-25-19.) |
3 | | (410 ILCS 705/15-100)
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4 | | Sec. 15-100. Security. (a) A dispensing organization |
5 | | shall implement security measures to deter and prevent entry |
6 | | into and theft of cannabis or currency. |
7 | | (b) A dispensing organization shall submit any changes to |
8 | | the floor plan or security plan to the Commission Department |
9 | | for pre-approval. All cannabis shall be maintained and stored |
10 | | in a restricted access area during construction. |
11 | | (c) The dispensing organization shall implement security |
12 | | measures to protect the premises, purchasers, and dispensing |
13 | | organization agents including, but not limited to the |
14 | | following: |
15 | | (1) Establish a locked door or barrier between the |
16 | | facility's entrance and the limited access area; |
17 | | (2) Prevent individuals from remaining on the premises |
18 | | if they are not engaging in activity permitted by this Act |
19 | | or rules; |
20 | | (3) Develop a policy that addresses the maximum |
21 | | capacity and purchaser flow in the waiting rooms and |
22 | | limited access areas; |
23 | | (4) Dispose of cannabis in accordance with this Act |
24 | | and rules; |
25 | | (5) During hours of operation, store and dispense all |
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1 | | cannabis from the restricted access area. During |
2 | | operational hours, cannabis shall be stored in an enclosed |
3 | | locked room or cabinet and accessible only to specifically |
4 | | authorized dispensing organization agents; |
5 | | (6) When the dispensary is closed, store all cannabis |
6 | | and currency in a reinforced vault room in the restricted |
7 | | access area and in a manner as to prevent diversion, |
8 | | theft, or loss; |
9 | | (7) Keep the reinforced vault room and any other |
10 | | equipment or cannabis storage areas securely locked and |
11 | | protected from unauthorized entry; |
12 | | (8) Keep an electronic daily log of dispensing |
13 | | organization agents with access to the reinforced vault |
14 | | room and knowledge of the access code or combination; |
15 | | (9) Keep all locks and security equipment in good |
16 | | working order; |
17 | | (10) Maintain an operational security and alarm system |
18 | | at all times; |
19 | | (11) Prohibit keys, if applicable, from being left in |
20 | | the locks, or stored or placed in a location accessible to |
21 | | persons other than specifically authorized personnel; |
22 | | (12) Prohibit accessibility of security measures, |
23 | | including combination numbers, passwords, or electronic or |
24 | | biometric security systems to persons other than |
25 | | specifically authorized dispensing organization agents; |
26 | | (13) Ensure that the dispensary interior and exterior |
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1 | | premises are sufficiently lit to facilitate surveillance; |
2 | | (14) Ensure that trees, bushes, and other foliage |
3 | | outside of the dispensary premises do not allow for a |
4 | | person or persons to conceal themselves from sight; |
5 | | (15) Develop emergency policies and procedures for |
6 | | securing all product and currency following any instance |
7 | | of diversion, theft, or loss of cannabis, and conduct an |
8 | | assessment to determine whether additional safeguards are |
9 | | necessary; and |
10 | | (16) Develop sufficient additional safeguards in |
11 | | response to any special security concerns, or as required |
12 | | by the Commission Department . |
13 | | (d) The Commission Department may request or approve |
14 | | alternative security provisions that it determines are an |
15 | | adequate substitute for a security requirement specified in |
16 | | this Article. Any additional protections may be considered by |
17 | | the Commission Department in evaluating overall security |
18 | | measures. |
19 | | (e) A dispensing organization may share premises with a |
20 | | craft grower or an infuser organization, or both, provided |
21 | | each licensee stores currency and cannabis or cannabis-infused |
22 | | products in a separate secured vault to which the other |
23 | | licensee does not have access or all licensees sharing a vault |
24 | | share more than 50% of the same ownership. |
25 | | (f) A dispensing organization shall provide additional |
26 | | security as needed and in a manner appropriate for the |
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1 | | community where it operates. |
2 | | (g) Restricted access areas. |
3 | | (1) All restricted access areas must be identified by |
4 | | the posting of a sign that is a minimum of 12 inches by 12 |
5 | | inches and that states "Do Not Enter - Restricted Access |
6 | | Area - Authorized Personnel Only" in lettering no smaller |
7 | | than one inch in height. |
8 | | (2) All restricted access areas shall be clearly |
9 | | described in the floor plan of the premises, in the form |
10 | | and manner determined by the Commission Department , |
11 | | reflecting walls, partitions, counters, and all areas of |
12 | | entry and exit. The floor plan shall show all storage, |
13 | | disposal, and retail sales areas. |
14 | | (3) All restricted access areas must be secure, with |
15 | | locking devices that prevent access from the limited |
16 | | access areas. |
17 | | (h) Security and alarm. |
18 | | (1) A dispensing organization shall have an adequate |
19 | | security plan and security system to prevent and detect |
20 | | diversion, theft, or loss of cannabis, currency, or |
21 | | unauthorized intrusion using commercial grade equipment |
22 | | installed by an Illinois licensed private alarm contractor |
23 | | or private alarm contractor agency that shall, at a |
24 | | minimum, include: |
25 | | (i) A perimeter alarm on all entry points and |
26 | | glass break protection on perimeter windows; |
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1 | | (ii) Security shatterproof tinted film on exterior |
2 | | windows; |
3 | | (iii) A failure notification system that provides |
4 | | an audible, text, or visual notification of any |
5 | | failure in the surveillance system, including, but not |
6 | | limited to, panic buttons, alarms, and video |
7 | | monitoring system. The failure notification system |
8 | | shall provide an alert to designated dispensing |
9 | | organization agents within 5 minutes after the |
10 | | failure, either by telephone or text message; |
11 | | (iv) A duress alarm, panic button, and alarm, or |
12 | | holdup alarm and after-hours intrusion detection alarm |
13 | | that by design and purpose will directly or indirectly |
14 | | notify, by the most efficient means, the Public Safety |
15 | | Answering Point for the law enforcement agency having |
16 | | primary jurisdiction; |
17 | | (v) Security equipment to deter and prevent |
18 | | unauthorized entrance into the dispensary, including |
19 | | electronic door locks on the limited and restricted |
20 | | access areas that include devices or a series of |
21 | | devices to detect unauthorized intrusion that may |
22 | | include a signal system interconnected with a radio |
23 | | frequency method, cellular, private radio signals or |
24 | | other mechanical or electronic device. |
25 | | (2) All security system equipment and recordings shall |
26 | | be maintained in good working order, in a secure location |
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1 | | so as to prevent theft, loss, destruction, or alterations. |
2 | | (3) Access to surveillance monitoring recording |
3 | | equipment shall be limited to persons who are essential to |
4 | | surveillance operations, law enforcement authorities acting |
5 | | within their jurisdiction, security system service personnel, |
6 | | and the Commission Department . A current list of authorized |
7 | | dispensing organization agents and service personnel |
8 | | that have access to the surveillance equipment must be |
9 | | available to the Commission Department upon request. |
10 | | (4) All security equipment shall be inspected and |
11 | | tested at regular intervals, not to exceed one month from |
12 | | the previous inspection, and tested to ensure the systems |
13 | | remain functional. |
14 | | (5) The security system shall provide protection |
15 | | against theft and diversion that is facilitated or hidden |
16 | | by tampering with computers or electronic records. |
17 | | (6) The dispensary shall ensure all access doors are |
18 | | not solely controlled by an electronic access panel to |
19 | | ensure that locks are not released during a power outage. |
20 | | (i) To monitor the dispensary, the dispensing organization |
21 | | shall incorporate continuous electronic video monitoring |
22 | | including the following: |
23 | | (1) All monitors must be 19 inches or greater; |
24 | | (2) Unobstructed video surveillance of all enclosed |
25 | | dispensary areas, unless prohibited by law, including all |
26 | | points of entry and exit that shall be appropriate for the |
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1 | | normal lighting conditions of the area under surveillance. |
2 | | The cameras shall be directed so all areas are captured, |
3 | | including, but not limited to, safes, vaults, sales areas, |
4 | | and areas where cannabis is stored, handled, dispensed, or |
5 | | destroyed. Cameras shall be angled to allow for facial |
6 | | recognition, the capture of clear and certain |
7 | | identification of any person entering or exiting the |
8 | | dispensary area and in lighting sufficient during all |
9 | | times of night or day; |
10 | | (3) Unobstructed video surveillance of outside areas, |
11 | | the storefront, and the parking lot, that shall be |
12 | | appropriate for the normal lighting conditions of the area |
13 | | under surveillance. Cameras shall be angled so as to allow |
14 | | for the capture of facial recognition, clear and certain |
15 | | identification of any person entering or exiting the |
16 | | dispensary and the immediate surrounding area, and license |
17 | | plates of vehicles in the parking lot; |
18 | | (4) 24-hour recordings from all video cameras |
19 | | available for immediate viewing by the Commission |
20 | | Department upon request. Recordings shall not be destroyed |
21 | | or altered and shall be retained for at least 90 days. |
22 | | Recordings shall be retained as long as necessary if the |
23 | | dispensing organization is aware of the loss or theft of |
24 | | cannabis or a pending criminal, civil, or administrative |
25 | | investigation or legal proceeding for which the recording |
26 | | may contain relevant information; |
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1 | | (5) The ability to immediately produce a clear, color |
2 | | still photo from the surveillance video, either live or |
3 | | recorded; |
4 | | (6) A date and time stamp embedded on all video |
5 | | surveillance recordings. The date and time shall be |
6 | | synchronized and set correctly and shall not significantly |
7 | | obscure the picture; |
8 | | (7) The ability to remain operational during a power |
9 | | outage and ensure all access doors are not solely |
10 | | controlled by an electronic access panel to ensure that |
11 | | locks are not released during a power outage; |
12 | | (8) All video surveillance equipment shall allow for |
13 | | the exporting of still images in an industry standard |
14 | | image format, including .jpg, .bmp, and .gif. Exported |
15 | | video shall have the ability to be archived in a |
16 | | proprietary format that ensures authentication of the |
17 | | video and guarantees that no alteration of the recorded |
18 | | image has taken place. Exported video shall also have the |
19 | | ability to be saved in an industry standard file format |
20 | | that can be played on a standard computer operating |
21 | | system. All recordings shall be erased or destroyed before |
22 | | disposal; |
23 | | (9) The video surveillance system shall be operational |
24 | | during a power outage with a 4-hour minimum battery |
25 | | backup; |
26 | | (10) A video camera or cameras recording at each |
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1 | | point-of-sale location allowing for the identification of |
2 | | the dispensing organization agent distributing the |
3 | | cannabis and any purchaser. The camera or cameras shall |
4 | | capture the sale, the individuals and the computer |
5 | | monitors used for the sale; |
6 | | (11) A failure notification system that provides an |
7 | | audible and visual notification of any failure in the |
8 | | electronic video monitoring system; and |
9 | | (12) All electronic video surveillance monitoring must |
10 | | record at least the equivalent of 8 frames per second and |
11 | | be available as recordings to the Commission Department |
12 | | and the Illinois State Police 24 hours a day via a secure |
13 | | web-based portal with reverse functionality. |
14 | | (j) The requirements contained in this Act are minimum |
15 | | requirements for operating a dispensing organization. The |
16 | | Commission Department may change existing or establish |
17 | | additional requirements by rule.
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18 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; |
19 | | 102-538, eff. 8-20-21.) |
20 | | (410 ILCS 705/15-110)
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21 | | Sec. 15-110. Recordkeeping. |
22 | | (a) Dispensing organization records must be maintained |
23 | | electronically for 3 years and be available for inspection by |
24 | | the Commission Department upon request. Required written |
25 | | records include, but are not limited to, the following: |
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1 | | (1) Operating procedures; |
2 | | (2) Inventory records, policies, and procedures; |
3 | | (3) Security records; |
4 | | (4) Audit records; |
5 | | (5) Staff training plans and completion documentation; |
6 | | (6) Staffing plan; and |
7 | | (7) Business records, including but not limited to: |
8 | | (i) Assets and liabilities; |
9 | | (ii) Monetary transactions; |
10 | | (iii) Written or electronic accounts, including |
11 | | bank statements, journals, ledgers, and supporting |
12 | | documents, agreements, checks, invoices, receipts, and |
13 | | vouchers; and |
14 | | (iv) Any other financial accounts reasonably |
15 | | related to the dispensary operations. |
16 | | (b) Storage and transfer of records. If a dispensary |
17 | | closes due to insolvency, revocation, bankruptcy, or for any |
18 | | other reason, all records must be preserved at the expense of |
19 | | the dispensing organization for at least 3 years in a form and |
20 | | location in Illinois acceptable to the Commission Department . |
21 | | The dispensing organization shall keep the records longer if |
22 | | requested by the Commission Department . The dispensing |
23 | | organization shall notify the Commission Department of the |
24 | | location where the dispensary records are stored or |
25 | | transferred.
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26 | | (Source: P.A. 101-27, eff. 6-25-19.) |
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1 | | (410 ILCS 705/15-120)
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2 | | Sec. 15-120. Closure of a dispensary. (a) If a |
3 | | dispensing organization decides not to renew its license or |
4 | | decides to close its business, it shall promptly notify the |
5 | | Commission Department not less than 3 months before the |
6 | | effective date of the closing date or as otherwise authorized |
7 | | by the Commission Department . |
8 | | (b) The dispensing organization shall work with the |
9 | | Commission Department to develop a closure plan that |
10 | | addresses, at a minimum, the transfer of business records, |
11 | | transfer of cannabis products, and anything else the |
12 | | Commission Department finds necessary.
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13 | | (Source: P.A. 101-27, eff. 6-25-19.) |
14 | | (410 ILCS 705/15-125)
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15 | | Sec. 15-125. Fees. After January 1, 2022, the Commission |
16 | | Department may by rule modify any fee established under this |
17 | | Article.
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18 | | (Source: P.A. 101-27, eff. 6-25-19.) |
19 | | (410 ILCS 705/15-135)
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20 | | Sec. 15-135. Investigations. |
21 | | (a) Dispensing organizations are subject to random and |
22 | | unannounced dispensary inspections and cannabis testing by the |
23 | | Commission Department , the Illinois State Police, local law |
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1 | | enforcement, or as provided by rule. |
2 | | (b) The Commission Department and its authorized |
3 | | representatives may enter any place, including a vehicle, in |
4 | | which cannabis is held, stored, dispensed, sold, produced, |
5 | | delivered, transported, manufactured, or disposed of and |
6 | | inspect, in a reasonable manner, the place and all pertinent |
7 | | equipment, containers and labeling, and all things including |
8 | | records, files, financial data, sales data, shipping data, |
9 | | pricing data, personnel data, research, papers, processes, |
10 | | controls, and facility, and inventory any stock of cannabis |
11 | | and obtain samples of any cannabis or cannabis-infused |
12 | | product, any labels or containers for cannabis, or |
13 | | paraphernalia. |
14 | | (c) The Commission Department may conduct an investigation |
15 | | of an applicant, application, dispensing organization, |
16 | | principal officer, dispensary agent, third party vendor, or |
17 | | any other party associated with a dispensing organization for |
18 | | an alleged violation of this Act or rules or to determine |
19 | | qualifications to be granted a registration by the Commission |
20 | | Department . |
21 | | (d) The Commission Department may require an applicant or |
22 | | holder of any license issued pursuant to this Article to |
23 | | produce documents, records, or any other material pertinent to |
24 | | the investigation of an application or alleged violations of |
25 | | this Act or rules. Failure to provide the required material |
26 | | may be grounds for denial or discipline. |
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1 | | (e) Every person charged with preparation, obtaining, or |
2 | | keeping records, logs, reports, or other documents in |
3 | | connection with this Act and rules and every person in charge, |
4 | | or having custody, of those documents shall, upon request by |
5 | | the Commission Department , make the documents immediately |
6 | | available for inspection and copying by the Commission |
7 | | Department , the Commission's Department's authorized |
8 | | representative, or others authorized by law to review the |
9 | | documents.
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10 | | (Source: P.A. 101-27, eff. 6-25-19; 102-98, eff. 7-15-21; |
11 | | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.) |
12 | | (410 ILCS 705/15-140)
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13 | | Sec. 15-140. Citations. The Commission Department may |
14 | | issue nondisciplinary citations for minor violations. Any such |
15 | | citation issued by the Commission Department may be |
16 | | accompanied by a fee. The fee shall not exceed $20,000 per |
17 | | violation. The citation shall be issued to the licensee and |
18 | | shall contain the licensee's name and address, the licensee's |
19 | | license number, a brief factual statement, the Sections of the |
20 | | law allegedly violated, and the fee, if any, imposed. The |
21 | | citation must clearly state that the licensee may choose, in |
22 | | lieu of accepting the citation, to request a hearing. If the |
23 | | licensee does not dispute the matter in the citation with the |
24 | | Commission Department within 30 days after the citation is |
25 | | served, then the citation shall become final and not subject |
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1 | | to appeal. The penalty shall be a fee or other conditions as |
2 | | established by rule.
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3 | | (Source: P.A. 101-27, eff. 6-25-19.) |
4 | | (410 ILCS 705/15-145)
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5 | | Sec. 15-145. Grounds for discipline. (a) The |
6 | | Commission Department may deny issuance, refuse to renew or |
7 | | restore, or may reprimand, place on probation, suspend, |
8 | | revoke, or take other disciplinary or nondisciplinary action |
9 | | against any license or agent identification card or may impose |
10 | | a fine for any of the following: |
11 | | (1) Material misstatement in furnishing information to |
12 | | the Commission Department ; |
13 | | (2) Violations of this Act or rules; |
14 | | (3) Obtaining an authorization or license by fraud or |
15 | | misrepresentation; |
16 | | (4) A pattern of conduct that demonstrates |
17 | | incompetence or that the applicant has engaged in conduct |
18 | | or actions that would constitute grounds for discipline |
19 | | under this Act; |
20 | | (5) Aiding or assisting another person in violating |
21 | | any provision of this Act or rules; |
22 | | (6) Failing to respond to a written request for |
23 | | information by the Commission Department within 30 days; |
24 | | (7) Engaging in unprofessional, dishonorable, or |
25 | | unethical conduct of a character likely to deceive, |
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1 | | defraud, or harm the public; |
2 | | (8) Adverse action by another United States |
3 | | jurisdiction or foreign nation; |
4 | | (9) A finding by the Commission Department that the |
5 | | licensee, after having his or her license placed on |
6 | | suspended or probationary status, has violated the terms |
7 | | of the suspension or probation; |
8 | | (10) Conviction, entry of a plea of guilty, nolo |
9 | | contendere, or the equivalent in a State or federal court |
10 | | of a principal officer or agent-in-charge of a felony |
11 | | offense in accordance with Sections 2105-131, 2105-135, |
12 | | and 2105-205 of the Department of Professional Regulation |
13 | | Law of the Civil Administrative Code of Illinois; |
14 | | (11) Excessive use of or addiction to alcohol, |
15 | | narcotics, stimulants, or any other chemical agent or |
16 | | drug; |
17 | | (12) A finding by the Commission Department of a |
18 | | discrepancy in a Commission Department audit of cannabis; |
19 | | (13) A finding by the Commission Department of a |
20 | | discrepancy in a Commission Department audit of capital or |
21 | | funds; |
22 | | (14) A finding by the Commission Department of |
23 | | acceptance of cannabis from a source other than an Adult |
24 | | Use Cultivation Center, craft grower, infuser, or |
25 | | transporting organization licensed by the Department of |
26 | | Agriculture , or a dispensing organization licensed by the |
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1 | | Commission Department ; |
2 | | (15) An inability to operate using reasonable |
3 | | judgment, skill, or safety due to physical or mental |
4 | | illness or other impairment or disability, including, |
5 | | without limitation, deterioration through the aging |
6 | | process or loss of motor skills or mental incompetence; |
7 | | (16) Failing to report to the Commission Department |
8 | | within the time frames established, or if not identified, |
9 | | 14 days, of any adverse action taken against the |
10 | | dispensing organization or an agent by a licensing |
11 | | jurisdiction in any state or any territory of the United |
12 | | States or any foreign jurisdiction, any governmental |
13 | | agency, any law enforcement agency or any court defined in |
14 | | this Section; |
15 | | (17) Any violation of the dispensing organization's |
16 | | policies and procedures submitted to the Commission |
17 | | Department annually as a condition for licensure; |
18 | | (18) Failure to inform the Commission Department of |
19 | | any change of address within 10 business days; |
20 | | (19) Disclosing customer names, personal information, |
21 | | or protected health information in violation of any State |
22 | | or federal law; |
23 | | (20) Operating a dispensary before obtaining a license |
24 | | from the Commission Department ; |
25 | | (21) Performing duties authorized by this Act prior to |
26 | | receiving a license to perform such duties; |
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1 | | (22) Dispensing cannabis when prohibited by this Act |
2 | | or rules; |
3 | | (23) Any fact or condition that, if it had existed at |
4 | | the time of the original application for the license, |
5 | | would have warranted the denial of the license; |
6 | | (24) Permitting a person without a valid agent |
7 | | identification card to perform licensed activities under |
8 | | this Act; |
9 | | (25) Failure to assign an agent-in-charge as required |
10 | | by this Article; |
11 | | (26) Failure to provide the training required by |
12 | | paragraph (3) of subsection (i) of Section 15-40 within |
13 | | the provided timeframe; |
14 | | (27) Personnel insufficient in number or unqualified |
15 | | in training or experience to properly operate the |
16 | | dispensary business; |
17 | | (28) Any pattern of activity that causes a harmful |
18 | | impact on the community; and |
19 | | (29) Failing to prevent diversion, theft, or loss of |
20 | | cannabis. |
21 | | (b) All fines and fees imposed under this Section shall be |
22 | | paid within 60 days after the effective date of the order |
23 | | imposing the fine or as otherwise specified in the order. |
24 | | (c) A circuit court order establishing that an |
25 | | agent-in-charge or principal officer holding an agent |
26 | | identification card is subject to involuntary admission as |
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1 | | that term is defined in Section 1-119 or 1-119.1 of the Mental |
2 | | Health and Developmental Disabilities Code shall operate as a |
3 | | suspension of that card.
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4 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) |
5 | | (410 ILCS 705/15-150)
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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 |
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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.
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9 | | (Source: P.A. 101-27, eff. 6-25-19.) |
10 | | (410 ILCS 705/15-155)
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11 | | Sec. 15-155. Unlicensed practice; violation; civil |
12 | | penalty. (a) In addition to any other penalty provided by |
13 | | law, any person who practices, offers to practice, attempts to |
14 | | practice, or holds oneself out to practice as a licensed |
15 | | dispensing organization owner, principal officer, |
16 | | agent-in-charge, or agent without being licensed under this |
17 | | Act shall, in addition to any other penalty provided by law, |
18 | | pay a civil penalty to the Commission Department of Financial |
19 | | and Professional Regulation in an amount not to exceed $10,000 |
20 | | for each offense as determined by the Commission Department . |
21 | | The civil penalty shall be assessed by the Commission |
22 | | Department after a hearing is held in accordance with the |
23 | | provisions set forth in this Act regarding the provision of a |
24 | | hearing for the discipline of a licensee. |
25 | | (b) The Commission Department has the authority and power |
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1 | | to investigate any and all unlicensed activity. |
2 | | (c) The civil penalty shall be paid within 60 days after |
3 | | the effective date of the order imposing the civil penalty or |
4 | | in accordance with the order imposing the civil penalty. The |
5 | | order shall constitute a judgment and may be filed and |
6 | | execution had thereon in the same manner as any judgment from |
7 | | any court of this State.
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8 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) |
9 | | (410 ILCS 705/15-160)
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10 | | Sec. 15-160. Notice; hearing. |
11 | | (a) The Commission Department shall, before disciplining |
12 | | an applicant or licensee, at least 30 days before the date set |
13 | | for the hearing: (i) notify the accused in writing of the |
14 | | charges made and the time and place for the hearing on the |
15 | | charges; (ii) direct him or her to file a written answer to the |
16 | | charges under oath within 20 days after service; and (iii) |
17 | | inform the applicant or licensee that failure to answer will |
18 | | result in a default being entered against the applicant or |
19 | | licensee. |
20 | | (b) At the time and place fixed in the notice, the hearing |
21 | | officer appointed by the Commission Secretary shall proceed to |
22 | | hear the charges, and the parties or their counsel shall be |
23 | | accorded ample opportunity to present any pertinent |
24 | | statements, testimony, evidence, and arguments. The hearing |
25 | | officer may continue the hearing from time to time. In case the |
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1 | | person, after receiving the notice, fails to file an answer, |
2 | | his or her license may, in the discretion of the Commission |
3 | | Secretary , having first received the recommendation of the |
4 | | hearing officer, be suspended, revoked, or placed on |
5 | | probationary status, or be subject to whatever disciplinary |
6 | | action the Commission Secretary considers proper, including a |
7 | | fine, without hearing, if that act or acts charged constitute |
8 | | sufficient grounds for that action under this Act. |
9 | | (c) The written notice and any notice in the subsequent |
10 | | proceeding may be served by regular mail or email to the |
11 | | licensee's or applicant's address of record.
|
12 | | (Source: P.A. 101-27, eff. 6-25-19.) |
13 | | (410 ILCS 705/15-165)
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14 | | Sec. 15-165. Subpoenas; oaths. The Commission |
15 | | Department shall have the power to subpoena and bring before |
16 | | it any person and to take testimony either orally or by |
17 | | deposition, or both, with the same fees and mileage and in the |
18 | | same manner as prescribed by law in judicial proceedings in |
19 | | civil cases in courts in this State. The Commission Secretary |
20 | | or the hearing officer shall each have the power to administer |
21 | | oaths to witnesses at any hearings that the Commission |
22 | | Department is authorized to conduct.
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23 | | (Source: P.A. 101-27, eff. 6-25-19.) |
24 | | (410 ILCS 705/15-170)
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1 | | Sec. 15-170. Hearing; motion for rehearing. |
2 | | (a) The hearing officer shall hear evidence in support of |
3 | | the formal charges and evidence produced by the licensee. At |
4 | | the conclusion of the hearing, the hearing officer shall |
5 | | present to the Commission Secretary a written report of his or |
6 | | her findings of fact, conclusions of law, and recommendations. |
7 | | (b) At the conclusion of the hearing, a copy of the hearing |
8 | | officer's report shall be served upon the applicant or |
9 | | licensee by the Commission Department , either personally or as |
10 | | provided in this Act for the service of a notice of hearing. |
11 | | Within 20 calendar days after service, the applicant or |
12 | | licensee may present to the Commission Department a motion in |
13 | | writing for rehearing, which shall specify the particular |
14 | | grounds for rehearing. The Commission Department may respond |
15 | | to the motion for rehearing within 20 calendar days after its |
16 | | service on the Commission Department . If no motion for |
17 | | rehearing is filed, then, upon the expiration of the time |
18 | | specified for filing such motion or upon denial of a motion for |
19 | | rehearing, the Commission Secretary may enter an order in |
20 | | accordance with the recommendation of the hearing officer. If |
21 | | the applicant or licensee orders from the reporting service |
22 | | and pays for a transcript of the record within the time for |
23 | | filing a motion for rehearing, the 20-day period within which |
24 | | a motion may be filed shall commence upon the delivery of the |
25 | | transcript to the applicant or licensee. |
26 | | (c) If the Commission Secretary disagrees in any regard |
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1 | | with the report of the hearing officer, the Commission |
2 | | Secretary may issue an order contrary to the report. |
3 | | (d) Whenever the Commission Secretary is not satisfied |
4 | | that substantial justice has been done, the Commission |
5 | | Secretary may order a rehearing by the same or another hearing |
6 | | officer. |
7 | | (e) At any point in any investigation or disciplinary |
8 | | proceeding under in this Article, both parties may agree to a |
9 | | negotiated consent order. The consent order shall be final |
10 | | upon signature of the Commission Secretary .
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11 | | (Source: P.A. 101-27, eff. 6-25-19.) |
12 | | (410 ILCS 705/15-175)
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13 | | Sec. 15-175. Review under the Administrative Review Law. |
14 | | (a) All final administrative decisions of the Commission |
15 | | Department hereunder shall be subject to judicial review under |
16 | | the provisions of the Administrative Review Law, and all |
17 | | amendment and modifications thereof. The term "administrative |
18 | | decision" is defined as in Section 3-101 of the Code of Civil |
19 | | Procedure. |
20 | | (b) Proceedings for judicial review shall be commenced in |
21 | | the circuit court of the county in which the party applying for |
22 | | review resides, but if the party is not a resident of Illinois, |
23 | | the venue shall be in Sangamon County. |
24 | | (c) The Commission Department shall not be required to |
25 | | certify any record to the court, file any answer in court, or |
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1 | | otherwise appear in any court in a judicial review proceeding, |
2 | | unless and until the Commission Department has received from |
3 | | the plaintiff payment of the costs of furnishing and |
4 | | certifying the record, which costs shall be determined by the |
5 | | Commission Department . Failure on the part of the plaintiff to |
6 | | file a receipt in court shall be grounds for dismissal of the |
7 | | action.
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8 | | (Source: P.A. 101-27, eff. 6-25-19.) |
9 | | (410 ILCS 705/20-1)
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10 | | Sec. 20-1. Definition. In this Article : , |
11 | | "Commission" means the Cannabis Equity and Oversight |
12 | | Commission. |
13 | | "Department" means the Department of Agriculture.
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14 | | (Source: P.A. 101-27, eff. 6-25-19.) |
15 | | (410 ILCS 705/20-5)
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16 | | Sec. 20-5. Issuance of licenses. On or after July 1, 2021, |
17 | | the Commission Department of Agriculture by rule may: |
18 | | (1) Modify or change the number of cultivation center |
19 | | licenses available, which shall at no time exceed 30 |
20 | | cultivation center licenses. In determining whether to |
21 | | exercise the authority granted by this subsection, the |
22 | | Commission Department of Agriculture must consider the |
23 | | following factors: |
24 | | (A) The percentage of cannabis sales occurring in |
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1 | | Illinois not in the regulated market using data from |
2 | | the Substance Abuse and Mental Health Services |
3 | | Administration, National Survey on Drug Use and |
4 | | Health, Illinois Behavioral Risk Factor Surveillance |
5 | | System, and tourism data from the Illinois Office of |
6 | | Tourism to ascertain total cannabis consumption in |
7 | | Illinois compared to the amount of sales in licensed |
8 | | dispensing organizations; |
9 | | (B) Whether there is an adequate supply of |
10 | | cannabis and cannabis-infused products to serve |
11 | | registered medical cannabis patients; |
12 | | (C) Whether there is an adequate supply of |
13 | | cannabis and cannabis-infused products to serve |
14 | | purchasers; |
15 | | (D) Whether there is an oversupply of cannabis in |
16 | | Illinois leading to trafficking of cannabis to any |
17 | | other state; |
18 | | (E) Population increases or shifts; |
19 | | (F) Changes to federal law; |
20 | | (G) Perceived security risks of increasing the |
21 | | number or location of cultivation centers; |
22 | | (H) The past security records of cultivation |
23 | | centers; |
24 | | (I) The Commission's Department of Agriculture's |
25 | | capacity to appropriately regulate additional |
26 | | licensees; |
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1 | | (J) The findings and recommendations from the |
2 | | disparity and availability study commissioned by the |
3 | | Illinois Cannabis Regulation Oversight Officer |
4 | | referenced in subsection (e) of Section 5-45 or by the |
5 | | Commission to reduce or eliminate any identified |
6 | | barriers to entry in the cannabis industry; and |
7 | | (K) Any other criteria the Commission Department |
8 | | of Agriculture deems relevant. |
9 | | (2) Modify or change the licensing application process |
10 | | to reduce or eliminate the barriers identified in the |
11 | | disparity and availability study commission by the |
12 | | Illinois Cannabis Regulation Oversight Officer or by the |
13 | | Commission and shall make modifications to remedy evidence |
14 | | of discrimination.
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15 | | (Source: P.A. 101-27, eff. 6-25-19.) |
16 | | (410 ILCS 705/20-10)
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17 | | Sec. 20-10. Early Approval of Adult Use Cultivation Center |
18 | | License. |
19 | | (a) Any medical cannabis cultivation center registered and |
20 | | in good standing under the Compassionate Use of Medical |
21 | | Cannabis Program Act as of June 25, 2019 ( the effective date of |
22 | | Public Act 101-27) this Act may, within 60 days of June 25, |
23 | | 2019 the effective date of this Act but no later than December |
24 | | 22, 2019 180 days from the effective date of this Act , apply to |
25 | | the Department of Agriculture for an Early Approval Adult Use |
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1 | | Cultivation Center License to produce cannabis and |
2 | | cannabis-infused products at its existing facilities as of |
3 | | June 25, 2019 the effective date of this Act . |
4 | | (b) A medical cannabis cultivation center seeking issuance |
5 | | of an Early Approval Adult Use Cultivation Center License |
6 | | shall submit an application on forms provided by the |
7 | | Department of Agriculture. The application must meet or |
8 | | include the following qualifications: |
9 | | (1) Payment of a nonrefundable application fee of |
10 | | $100,000 to be deposited into the Cannabis Regulation |
11 | | Fund; |
12 | | (2) Proof of registration as a medical cannabis |
13 | | cultivation center that is in good standing; |
14 | | (3) Submission of the application by the same person |
15 | | or entity that holds the medical cannabis cultivation |
16 | | center registration; |
17 | | (4) Certification that the applicant will comply with |
18 | | the requirements of Section 20-30; |
19 | | (5) The legal name of the cultivation center; |
20 | | (6) The physical address of the cultivation center; |
21 | | (7) The name, address, social security number, and |
22 | | date of birth of each principal officer and board member |
23 | | of the cultivation center; each of those individuals shall |
24 | | be at least 21 years of age; |
25 | | (8) A nonrefundable Cannabis Business Development Fee |
26 | | equal to 5% of the cultivation center's total sales |
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1 | | between June 1, 2018 to June 1, 2019 or $750,000, |
2 | | whichever is less, but at not less than $250,000, to be |
3 | | deposited into the Cannabis Business Development Fund; and |
4 | | (9) A commitment to completing one of the following |
5 | | Social Equity Inclusion Plans provided for in this |
6 | | subsection (b) before the expiration of the Early Approval |
7 | | Adult Use Cultivation Center License: |
8 | | (A) A contribution of 5% of the cultivation |
9 | | center's total sales from June 1, 2018 to June 1, 2019, |
10 | | or $100,000, whichever is less, to one of the |
11 | | following: |
12 | | (i) the Cannabis Business Development Fund. |
13 | | This is in addition to the fee required by item (8) |
14 | | of this subsection (b); |
15 | | (ii) a cannabis industry training or education |
16 | | program at an Illinois community college as |
17 | | defined in the Public Community College Act; |
18 | | (iii) a program that provides job training |
19 | | services to persons recently incarcerated or that |
20 | | operates in a Disproportionately Impacted Area. |
21 | | (B) Participate as a host in a cannabis business |
22 | | incubator program for at least one year approved by |
23 | | the Department of Commerce and Economic Opportunity, |
24 | | and in which an Early Approval Adult Use Cultivation |
25 | | Center License holder agrees to provide a loan of at |
26 | | least $100,000 and mentorship to incubate, for at
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1 | | least a year, a Social Equity Applicant intending to
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2 | | seek a license or a licensee that qualifies as a Social |
3 | | Equity Applicant. As used in this Section, "incubate" |
4 | | means providing direct financial assistance and |
5 | | training necessary to engage in licensed cannabis |
6 | | industry activity similar to that of the host |
7 | | licensee. The Early Approval Adult Use Cultivation |
8 | | Center License holder or the same entity holding any |
9 | | other licenses issued pursuant to this Act shall not |
10 | | take an ownership stake of greater than 10% in any |
11 | | business receiving incubation services to comply with |
12 | | this subsection. If an Early Approval Adult Use |
13 | | Cultivation Center License holder fails to find a |
14 | | business to incubate to comply with this subsection |
15 | | before its Early Approval Adult Use Cultivation Center |
16 | | License expires, it may opt to meet the requirement of |
17 | | this subsection by completing another item from this |
18 | | subsection prior to the expiration of its Early |
19 | | Approval Adult Use Cultivation Center License to avoid |
20 | | a penalty. |
21 | | (c) An Early Approval Adult Use Cultivation Center License |
22 | | is valid until March 31, 2021. A cultivation center that |
23 | | obtains an Early Approval Adult Use Cultivation Center License |
24 | | shall receive written or electronic notice 90 days before the |
25 | | expiration of the license that the license will expire, and |
26 | | inform the license holder that it may renew its Early Approval |
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1 | | Adult Use Cultivation Center License. The Department of |
2 | | Agriculture shall grant a renewal of an Early Approval Adult |
3 | | Use Cultivation Center License within 60 days of submission of |
4 | | an application if: |
5 | | (1) the cultivation center submits an application and |
6 | | the required renewal fee of $100,000 for an Early Approval |
7 | | Adult Use Cultivation Center License; |
8 | | (2) the Department of Agriculture has not suspended |
9 | | the license of the cultivation center or suspended or |
10 | | revoked the license for violating this Act or rules |
11 | | adopted under this Act; and |
12 | | (3) the cultivation center has completed a Social |
13 | | Equity Inclusion Plan as required by item (9) of |
14 | | subsection (b) of this Section. |
15 | | (c-5) The Early Approval Adult Use Cultivation Center |
16 | | License renewed pursuant to subsection (c) of this Section |
17 | | shall expire March 31, 2022. The Early Approval Adult Use |
18 | | Cultivation Center Licensee shall receive written or |
19 | | electronic notice 90 days before the expiration of the license |
20 | | that the license will expire, and inform the license holder |
21 | | that it may apply for an Adult Use Cultivation Center License. |
22 | | The Department of Agriculture shall grant an Adult Use |
23 | | Dispensing Organization License within 60 days of an |
24 | | application being deemed complete if the applicant meets all |
25 | | of the criteria in Section 20-21.
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26 | | (d) The license fee required by paragraph (1) of |
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1 | | subsection (c) of this Section shall be in addition to any |
2 | | license fee required for the renewal of a registered medical |
3 | | cannabis cultivation center license that expires during the |
4 | | effective period of the Early Approval Adult Use Cultivation |
5 | | Center License. |
6 | | (e) Applicants must submit all required information, |
7 | | including the requirements in subsection (b) of this Section, |
8 | | to the Department of Agriculture. Failure by an applicant to |
9 | | submit all required information may result in the application |
10 | | being disqualified. |
11 | | (f) If the Department of Agriculture receives an |
12 | | application with missing information, the Department may issue |
13 | | a deficiency notice to the applicant. The applicant shall have |
14 | | 10 calendar days from the date of the deficiency notice to |
15 | | submit complete information. Applications that are still |
16 | | incomplete after this opportunity to cure may be disqualified. |
17 | | (g) If an applicant meets all the requirements of |
18 | | subsection (b) of this Section, the Department of Agriculture |
19 | | shall issue the Early Approval Adult Use Cultivation Center |
20 | | License within 14 days of receiving the application unless: |
21 | | (1) The licensee; principal officer, board member, or |
22 | | person having a financial or voting interest of 5% or |
23 | | greater in the licensee; or agent is delinquent in filing |
24 | | any required tax returns or paying any amounts owed to the |
25 | | State of Illinois; |
26 | | (2) The Director of Agriculture determines there is |
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1 | | reason, based on an inordinate number of documented |
2 | | compliance violations, the licensee is not entitled to an |
3 | | Early Approval Adult Use Cultivation Center License; or |
4 | | (3) The licensee fails to commit to the Social Equity |
5 | | Inclusion Plan. |
6 | | (h) A cultivation center may begin producing cannabis and |
7 | | cannabis-infused products once the Early Approval Adult Use |
8 | | Cultivation Center License is approved. A cultivation center |
9 | | that obtains an Early Approval Adult Use Cultivation Center |
10 | | License may begin selling cannabis and cannabis-infused |
11 | | products on December 1, 2019. |
12 | | (i) An Early Approval Adult Use Cultivation Center License |
13 | | holder must continue to produce and provide an adequate supply |
14 | | of cannabis and cannabis-infused products for purchase by |
15 | | qualifying patients and caregivers. For the purposes of this |
16 | | subsection, "adequate supply" means a monthly production level |
17 | | that is comparable in type and quantity to those medical |
18 | | cannabis products produced for patients and caregivers on an |
19 | | average monthly basis for the 6 months before the effective |
20 | | date of this Act. |
21 | | (j) If there is a shortage of cannabis or cannabis-infused |
22 | | products, a license holder shall prioritize patients |
23 | | registered under the Compassionate Use of Medical Cannabis |
24 | | Program Act over adult use purchasers. |
25 | | (k) If an Early Approval Adult Use Cultivation Center |
26 | | licensee fails to submit an application for an Adult Use |
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1 | | Cultivation Center License before the expiration of the Early |
2 | | Approval Adult Use Cultivation Center License pursuant to |
3 | | subsection (c-5) of this Section, the cultivation center shall |
4 | | cease adult use cultivation until it receives an Adult Use |
5 | | Cultivation Center License. |
6 | | (l) A cultivation center agent who holds a valid |
7 | | cultivation center agent identification card issued under the |
8 | | Compassionate Use of Medical Cannabis Program Act and is an |
9 | | officer, director, manager, or employee of the cultivation |
10 | | center licensed under this Section may engage in all |
11 | | activities authorized by this Article to be performed by a |
12 | | cultivation center agent. |
13 | | (m) If the Department of Agriculture suspends or revokes |
14 | | the Early Approval Adult Use Cultivation Center License of a |
15 | | cultivation center that also holds a medical cannabis |
16 | | cultivation center license issued under the Compassionate Use |
17 | | of Medical Cannabis Program Act, the Department of Agriculture |
18 | | may suspend or revoke the medical cannabis cultivation center |
19 | | license concurrently with the Early Approval Adult Use |
20 | | Cultivation Center License. |
21 | | (n) All fees or fines collected from an Early Approval |
22 | | Adult Use Cultivation Center License holder as a result of a |
23 | | disciplinary action in the enforcement of this Act shall be |
24 | | deposited into the Cannabis Regulation Fund.
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25 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) |
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1 | | (410 ILCS 705/20-15)
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2 | | Sec. 20-15. Conditional Adult Use Cultivation Center |
3 | | application. |
4 | | (a) If the Commission Department of Agriculture makes |
5 | | available additional cultivation center licenses pursuant to |
6 | | Section 20-5, applicants for a Conditional Adult Use |
7 | | Cultivation Center License shall electronically submit the |
8 | | following in such form as the Commission Department of |
9 | | Agriculture may direct: |
10 | | (1) the nonrefundable application fee set by rule by |
11 | | the Commission Department of Agriculture , to be deposited |
12 | | into the Cannabis Regulation Fund; |
13 | | (2) the legal name of the cultivation center; |
14 | | (3) the proposed physical address of the cultivation |
15 | | center; |
16 | | (4) the name, address, social security number, and |
17 | | date of birth of each principal officer and board member |
18 | | of the cultivation center; each principal officer and |
19 | | board member shall be at least 21 years of age; |
20 | | (5) the details of any administrative or judicial |
21 | | proceeding in which any of the principal officers or board |
22 | | members of the cultivation center (i) pled guilty, were |
23 | | convicted, were fined, or had a registration or license |
24 | | suspended or revoked, or (ii) managed or served on the |
25 | | board of a business or non-profit organization that pled |
26 | | guilty, was convicted, was fined, or had a registration or |
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1 | | license suspended or revoked; |
2 | | (6) proposed operating bylaws that include procedures |
3 | | for the oversight of the cultivation center, including the |
4 | | development and implementation of a plant monitoring |
5 | | system, accurate recordkeeping, staffing plan, and |
6 | | security plan approved by the Illinois State Police that |
7 | | are in accordance with the rules issued by the Commission |
8 | | Department of Agriculture under this Act. A physical |
9 | | inventory shall be performed of all plants and cannabis on |
10 | | a weekly basis by the cultivation center; |
11 | | (7) verification from the Illinois State Police that |
12 | | all background checks of the prospective principal |
13 | | officers, board members, and agents of the cannabis |
14 | | business establishment have been conducted; |
15 | | (8) a copy of the current local zoning ordinance or |
16 | | permit and verification that the proposed cultivation |
17 | | center is in compliance with the local zoning rules and |
18 | | distance limitations established by the local |
19 | | jurisdiction; |
20 | | (9) proposed employment practices, in which the |
21 | | applicant must demonstrate a plan of action to inform, |
22 | | hire, and educate minorities, women, veterans, and persons |
23 | | with disabilities, engage in fair labor practices, and |
24 | | provide worker protections; |
25 | | (10) whether an applicant can demonstrate experience |
26 | | in or business practices that promote economic empowerment |
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1 | | in Disproportionately Impacted Areas; |
2 | | (11) experience with the cultivation of agricultural |
3 | | or horticultural products, operating an agriculturally |
4 | | related business, or operating a horticultural business; |
5 | | (12) a description of the enclosed, locked facility |
6 | | where cannabis will be grown, harvested, manufactured, |
7 | | processed, packaged, or otherwise prepared for |
8 | | distribution to a dispensing organization; |
9 | | (13) a survey of the enclosed, locked facility, |
10 | | including the space used for cultivation; |
11 | | (14) cultivation, processing, inventory, and packaging |
12 | | plans; |
13 | | (15) a description of the applicant's experience with |
14 | | agricultural cultivation techniques and industry |
15 | | standards; |
16 | | (16) 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 | | (17) the identity of every person having a financial |
21 | | or voting interest of 5% or greater in the cultivation |
22 | | center operation with respect to which the license is |
23 | | sought, whether a trust, corporation, partnership, limited |
24 | | liability company, or sole proprietorship, including the |
25 | | name and address of each person; |
26 | | (18) a plan describing how the cultivation center will |
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1 | | address 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 | | (19) a diversity plan that includes a narrative of not |
13 | | more than 2,500 words that establishes a goal of diversity |
14 | | in ownership, management, employment, and contracting to |
15 | | ensure that diverse participants and groups are afforded |
16 | | equality of opportunity; |
17 | | (20) any other information required by rule; |
18 | | (21) a recycling plan: |
19 | | (A) Purchaser packaging, including cartridges, |
20 | | shall be accepted by the applicant and recycled. |
21 | | (B) Any recyclable waste generated by the cannabis |
22 | | cultivation facility shall be recycled per applicable |
23 | | State and local laws, ordinances, and rules. |
24 | | (C) Any cannabis waste, liquid waste, or hazardous |
25 | | waste shall be disposed of in accordance with 8 Ill. |
26 | | Adm. Code 1000.460, except, to the greatest extent |
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1 | | feasible, all cannabis plant waste will be rendered |
2 | | unusable by grinding and incorporating the cannabis |
3 | | plant waste with compostable mixed waste to be |
4 | | disposed of in accordance with 8 Ill. Adm. Code |
5 | | 1000.460(g)(1); |
6 | | (22) commitment to comply with local waste provisions: |
7 | | a cultivation facility must remain in compliance with |
8 | | applicable State and federal environmental requirements, |
9 | | including, but not limited to: |
10 | | (A) storing, securing, and managing all |
11 | | recyclables and waste, including organic waste |
12 | | composed of or containing finished cannabis and |
13 | | cannabis products, in accordance with applicable State |
14 | | and local laws, ordinances, and rules; and |
15 | | (B) disposing liquid waste containing cannabis or |
16 | | byproducts of cannabis processing in compliance with |
17 | | all applicable State and federal requirements, |
18 | | including, but not limited to, the cannabis |
19 | | cultivation facility's permits under Title X of the |
20 | | Environmental Protection Act; and |
21 | | (23) a commitment to a technology standard for |
22 | | resource efficiency of the cultivation center facility. |
23 | | (A) A cannabis cultivation facility commits to use |
24 | | resources efficiently, including energy and water. For |
25 | | the following, a cannabis cultivation facility commits |
26 | | to meet or exceed the technology standard identified |
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1 | | in items (i), (ii), (iii), and (iv), which may be |
2 | | modified by rule: |
3 | | (i) lighting systems, including light bulbs; |
4 | | (ii) HVAC system; |
5 | | (iii) water application system to the crop; |
6 | | and |
7 | | (iv) filtration system for removing |
8 | | contaminants from wastewater. |
9 | | (B) Lighting. The Lighting Power Densities (LPD) |
10 | | for cultivation space commits to not exceed an average |
11 | | of 36 watts per gross square foot of active and growing |
12 | | space canopy, or all installed lighting technology |
13 | | shall meet a photosynthetic photon efficacy (PPE) of |
14 | | no less than 2.2 micromoles per joule fixture and |
15 | | shall be featured on the DesignLights Consortium (DLC) |
16 | | Horticultural Specification Qualified Products List |
17 | | (QPL). In the event that DLC requirement for minimum |
18 | | efficacy exceeds 2.2 micromoles per joule fixture, |
19 | | that PPE shall become the new standard. |
20 | | (C) HVAC. |
21 | | (i) For cannabis grow operations with less |
22 | | than 6,000 square feet of canopy, the licensee |
23 | | commits that all HVAC units will be |
24 | | high-efficiency ductless split HVAC units, or |
25 | | other more energy efficient equipment. |
26 | | (ii) For cannabis grow operations with 6,000 |
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1 | | square feet of canopy or more, the licensee |
2 | | commits that all HVAC units will be variable |
3 | | refrigerant flow HVAC units, or other more energy |
4 | | efficient equipment. |
5 | | (D) Water application. |
6 | | (i) The cannabis cultivation facility commits |
7 | | to use automated watering systems, including, but |
8 | | not limited to, drip irrigation and flood tables, |
9 | | to irrigate cannabis crop. |
10 | | (ii) The cannabis cultivation facility commits |
11 | | to measure runoff from watering events and report |
12 | | this volume in its water usage plan, and that on |
13 | | average, watering events shall have no more than |
14 | | 20% of runoff of water. |
15 | | (E) Filtration. The cultivator commits that HVAC |
16 | | condensate, dehumidification water, excess runoff, and |
17 | | other wastewater produced by the cannabis cultivation |
18 | | facility shall be captured and filtered to the best of |
19 | | the facility's ability to achieve the quality needed |
20 | | to be reused in subsequent watering rounds. |
21 | | (F) Reporting energy use and efficiency as |
22 | | required by rule. |
23 | | (b) Applicants must submit all required information, |
24 | | including the information required in Section 20-10, to the |
25 | | Commission Department of Agriculture . Failure by an applicant |
26 | | to submit all required information may result in the |
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1 | | application being disqualified. |
2 | | (c) If the Commission Department of Agriculture receives |
3 | | an application with missing information, the Commission |
4 | | Department of Agriculture may issue a deficiency notice to the |
5 | | applicant. The applicant shall have 10 calendar days from the |
6 | | date of the deficiency notice to resubmit the incomplete |
7 | | information. Applications that are still incomplete after this |
8 | | opportunity to cure will not be scored and will be |
9 | | disqualified. |
10 | | (e) A cultivation center that is awarded a Conditional |
11 | | Adult Use Cultivation Center License pursuant to the criteria |
12 | | in Section 20-20 shall not grow, purchase, possess, or sell |
13 | | cannabis or cannabis-infused products until the person has |
14 | | received an Adult Use Cultivation Center License issued by the |
15 | | Commission Department of Agriculture pursuant to Section 20-21 |
16 | | of this Act.
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17 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; |
18 | | 102-538, eff. 8-20-21.) |
19 | | (410 ILCS 705/20-21)
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20 | | Sec. 20-21. Adult Use Cultivation Center License. |
21 | | (a) A person or entity is only eligible to receive an Adult |
22 | | Use Cultivation Center License if the person or entity has |
23 | | first been awarded a Conditional Adult Use Cultivation Center |
24 | | License pursuant to this Act or the person or entity has |
25 | | renewed its Early Approval Cultivation Center License pursuant |
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1 | | to subsection (c) of Section 20-10. |
2 | | (b) The Commission Department of Agriculture shall not |
3 | | issue an Adult Use Cultivation Center License until: |
4 | | (1) the Commission Department of Agriculture has |
5 | | inspected the cultivation center site and proposed |
6 | | operations and verified that they are in compliance with |
7 | | this Act and local zoning laws; |
8 | | (2) the Conditional Adult Use Cultivation Center |
9 | | License holder has paid a registration fee of $100,000 or |
10 | | a prorated amount accounting for the difference of time |
11 | | between when the Adult Use Cultivation Center License is |
12 | | issued and March 31 of the 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.
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16 | | (Source: P.A. 101-27, eff. 6-25-19.) |
17 | | (410 ILCS 705/20-30)
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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 |
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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 |
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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 |
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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 |
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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 |
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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; 102-813, eff. |
9 | | 5-13-22.) |
10 | | (410 ILCS 705/20-55) |
11 | | Sec. 20-55. Disclosure of ownership and control. |
12 | | (a) Each Adult Use Cultivation Center applicant and |
13 | | license holder shall file and maintain a Table of |
14 | | Organization, Ownership, and Control with the Commission |
15 | | Department . The Table of Organization, Ownership, and Control |
16 | | shall contain the information required by this Section in |
17 | | sufficient detail to identify all owners, directors, and |
18 | | principal officers, and the title of each principal officer or |
19 | | business entity that, through direct or indirect means, |
20 | | manages, owns, or controls the applicant or license holder. |
21 | | (b) The Table of Organization, Ownership, and Control |
22 | | shall identify the following information: |
23 | | (1) The management structure, ownership, and control
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24 | | of the applicant or license holder including the name of |
25 | | each principal officer or business entity, the office or |
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1 | | position held, and the percentage ownership interest, if |
2 | | any. If the business entity has a parent company, the name |
3 | | of each owner, board member, and officer of the parent |
4 | | company and his or her percentage ownership interest in |
5 | | the parent company and the Adult Use Cultivation Center. |
6 | | (2) If the applicant or licensee is a business entity
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7 | | with publicly traded stock, the identification of |
8 | | ownership shall be provided as required in subsection (c). |
9 | | (c) If a business entity identified in subsection (b) is a |
10 | | publicly traded company, the following information shall be |
11 | | provided in the Table of Organization, Ownership, and Control: |
12 | | (1) The name and percentage of ownership interest of |
13 | | each individual or business entity with ownership of more |
14 | | than 5% of the voting shares of the entity, to the extent |
15 | | such information is known or contained in 13D or 13G |
16 | | Securities and Exchange Commission filings. |
17 | | (2) To the extent known, the names and percentage of
|
18 | | interest of ownership of persons who are relatives of one |
19 | | another and who together exercise control over or own more |
20 | | than 10% of the voting shares of the entity. |
21 | | (d) An Adult Use Cultivation Center with a parent company |
22 | | or companies, or partially owned or controlled by another |
23 | | entity must disclose to the Commission Department the |
24 | | relationship and all owners, board members, officers, or |
25 | | individuals with control or management of those entities. An |
26 | | Adult Use Cultivation Center shall not shield its ownership or |
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1 | | control from the Department. |
2 | | (e) All principal officers must submit a complete online |
3 | | application with the Commission Department within 14 days of |
4 | | the Adult Use Cultivation Center being licensed by the |
5 | | Commission Department or within 14 days of Commission |
6 | | Department notice of approval as a new principal officer. |
7 | | (f) A principal officer may not allow his or her |
8 | | registration to expire. |
9 | | (g) An Adult Use Cultivation Center separating with a |
10 | | principal officer must do so under this Act. The principal |
11 | | officer must communicate the separation to the Commission |
12 | | Department within 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 Adult Use Cultivation Center or shall |
16 | | otherwise terminate his or her affiliation. Failure to do so |
17 | | may subject the Adult Use Cultivation Center to discipline, |
18 | | suspension, or revocation of its license by the Commission |
19 | | Department . |
20 | | (i) It is the responsibility of the Adult Use Cultivation |
21 | | Center and its principal officers to promptly notify the |
22 | | Commission Department of any change of the principal place of |
23 | | business address, hours of operation, change in ownership or |
24 | | control, or a change of the Adult Use Cultivation Center's |
25 | | primary or secondary contact information. Any changes must be |
26 | | made to the Commission Department in writing.
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1 | | (Source: P.A. 102-98, eff. 7-15-21.) |
2 | | (410 ILCS 705/25-1) |
3 | | (Section scheduled to be repealed on July 1, 2026)
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4 | | Sec. 25-1. Definitions. In this Article: |
5 | | "Board" means the Illinois Community College Board. |
6 | | "Career in Cannabis Certificate" or "Certificate" means |
7 | | the certification awarded to a community college student who |
8 | | completes a prescribed course of study in cannabis and |
9 | | cannabis business industry related classes and curriculum at a |
10 | | community college awarded a Community College Cannabis |
11 | | Vocational Pilot Program license. |
12 | | "Commission" means the Cannabis Equity and Oversight |
13 | | Commission. |
14 | | "Community college" means a public community college |
15 | | organized under the Public Community College Act. |
16 | | "Department" means the Department of Agriculture. |
17 | | "Licensee" means a community college awarded a Community |
18 | | College Cannabis Vocational Pilot Program license under this |
19 | | Article. |
20 | | "Program" means the Community College Cannabis Vocational |
21 | | Pilot Program. |
22 | | "Program license" means a Community College Cannabis |
23 | | Vocational Pilot Program license issued to a community college |
24 | | under this Article.
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25 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) |
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1 | | (410 ILCS 705/25-5) |
2 | | (Section scheduled to be repealed on July 1, 2026)
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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.
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1 | | (Source: P.A. 101-27, eff. 6-25-19; 102-98, eff. 7-15-21.) |
2 | | (410 ILCS 705/25-10) |
3 | | (Section scheduled to be repealed on July 1, 2026)
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4 | | Sec. 25-10. Issuance of Community College Cannabis |
5 | | Vocational Pilot Program licenses. |
6 | | (a) The Commission Department shall issue rules regulating |
7 | | the selection criteria for applicants by January 1, 2020. The |
8 | | Commission Department shall make the application for a Program |
9 | | license available no later than February 1, 2020, and shall |
10 | | require that applicants submit the completed application no |
11 | | later than July 1, 2020. If the Commission Department issues |
12 | | fewer than 8 Program licenses by September 1, 2020, the |
13 | | Commission Department may accept applications at a future date |
14 | | as prescribed by rule. |
15 | | (b) The Commission Department shall by rule develop a |
16 | | system to score Program licenses to administratively rank |
17 | | applications based on the clarity, organization, and quality |
18 | | of the applicant's responses to required information. |
19 | | Applicants shall be awarded points that are based on or that |
20 | | meet the following categories: |
21 | | (1) Geographic diversity of the applicants; |
22 | | (2) Experience and credentials of the applicant's |
23 | | faculty; |
24 | | (3) At least 5 Program license awardees must have a |
25 | | student population that is more than 50% low-income in |
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1 | | each of the past 4 years; |
2 | | (4) Security plan, including a requirement that all |
3 | | cannabis plants be in an enclosed, locked facility; |
4 | | (5) Curriculum plan, including processing and testing |
5 | | curriculum for the Career in Cannabis Certificate; |
6 | | (6) Career advising and placement plan for |
7 | | participating students; and |
8 | | (7) Any other criteria the Commission Department may |
9 | | set by rule.
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10 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) |
11 | | (410 ILCS 705/25-15) |
12 | | (Section scheduled to be repealed on July 1, 2026)
|
13 | | Sec. 25-15. Community College Cannabis Vocational Pilot |
14 | | Program requirements and prohibitions. |
15 | | (a) Licensees shall not have more than 50 flowering |
16 | | cannabis plants at any one time. |
17 | | (b) The agent-in-charge shall keep a vault log of the |
18 | | licensee's enclosed, locked facility or facilities, including |
19 | | but not limited to, the person entering the site location, the |
20 | | time of entrance, the time of exit, and any other information |
21 | | the Commission Department may set by rule. |
22 | | (c) Cannabis shall not be removed from the licensee's |
23 | | facility, except for the limited purpose of shipping a sample |
24 | | to a laboratory registered under this Act. |
25 | | (d) The licensee shall limit keys, access cards, or an |
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1 | | access code to the licensee's enclosed, locked facility, or |
2 | | facilities, to cannabis curriculum faculty and college |
3 | | security personnel with a bona fide need to access the |
4 | | facility for emergency purposes. |
5 | | (e) A transporting organization may transport cannabis |
6 | | produced pursuant to this Article to a laboratory registered |
7 | | under this Act. All other cannabis produced by the licensee |
8 | | that was not shipped to a registered laboratory shall be |
9 | | destroyed within 5 weeks of being harvested. |
10 | | (f) Licensees shall subscribe to the Commission Department |
11 | | of Agriculture's cannabis plant monitoring system. |
12 | | (g) Licensees shall maintain a weekly inventory system. |
13 | | (h) No student participating in the cannabis curriculum |
14 | | necessary to obtain a Certificate may be in the licensee's |
15 | | facility unless a faculty agent-in-charge is also physically |
16 | | present in the facility. |
17 | | (i) Licensees shall conduct post-certificate follow up |
18 | | surveys and record participating students' job placements |
19 | | within the cannabis business industry within a year of the |
20 | | student's completion. |
21 | | (j) The Illinois Community College Board shall report |
22 | | annually to the Commission Department on the race, ethnicity, |
23 | | and gender of all students participating in the cannabis |
24 | | curriculum necessary to obtain a Certificate, and of those |
25 | | students who obtain a Certificate.
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26 | | (Source: P.A. 101-27, eff. 6-25-19.) |
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1 | | (410 ILCS 705/25-25) |
2 | | (Section scheduled to be repealed on July 1, 2026)
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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 .
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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)
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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.
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1 | | (Source: P.A. 101-27, eff. 6-25-19; 102-98, eff. 7-15-21; |
2 | | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.) |
3 | | (410 ILCS 705/25-35) |
4 | | (Section scheduled to be repealed on July 1, 2026)
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5 | | Sec. 25-35. Community College Cannabis Vocational Training |
6 | | Pilot Program faculty participant agent identification card. |
7 | | (a) The Commission Department shall: |
8 | | (1) establish by rule the information required in an |
9 | | initial application or renewal application for an agent |
10 | | identification card submitted under this Article and the |
11 | | nonrefundable fee to accompany the initial application or |
12 | | renewal application; |
13 | | (2) verify the information contained in an initial |
14 | | application or renewal application for an agent |
15 | | identification card submitted under this Article, and |
16 | | approve or deny an application within 30 days of receiving |
17 | | a completed initial application or renewal application and |
18 | | all supporting documentation required by rule; |
19 | | (3) issue an agent identification card to a qualifying |
20 | | agent within 15 business days of approving the initial |
21 | | application or renewal application; |
22 | | (4) enter the license number of the community college |
23 | | where the agent works; and |
24 | | (5) allow for an electronic initial application and |
25 | | renewal application process, and provide a confirmation by |
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1 | | electronic or other methods that an application has been |
2 | | submitted. The Commission Each Department may by rule |
3 | | require prospective agents to file their applications by |
4 | | electronic means and to provide notices to the agents by |
5 | | electronic means. |
6 | | (b) An agent must keep his or her identification card |
7 | | visible at all times when in the enclosed, locked facility, or |
8 | | facilities for which he or she is an agent. |
9 | | (c) The agent identification cards shall contain the |
10 | | following: |
11 | | (1) the name of the cardholder; |
12 | | (2) the date of issuance and expiration date of the |
13 | | identification card; |
14 | | (3) a random 10-digit alphanumeric identification |
15 | | number containing at least 4 numbers and at least 4 |
16 | | letters that is unique to the holder; |
17 | | (4) a photograph of the cardholder; and |
18 | | (5) the legal name of the community college employing |
19 | | the agent. |
20 | | (d) An agent identification card shall be immediately |
21 | | returned to the community college of the agent upon |
22 | | termination of his or her employment. |
23 | | (e) Any agent identification card lost shall be reported |
24 | | to the Illinois State Police and the Commission Department of |
25 | | Agriculture immediately upon discovery of the loss. |
26 | | (f) An agent applicant may begin employment at a Community |
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1 | | College Cannabis Vocational Training Pilot Program while the |
2 | | agent applicant's identification card application is pending. |
3 | | Upon approval, the Commission Department shall issue the |
4 | | agent's identification card to the agent. If denied, the |
5 | | Community College Cannabis Vocational Training Pilot Program |
6 | | and the agent applicant shall be notified and the agent |
7 | | applicant must cease all activity at the Community College |
8 | | Cannabis Vocational Training Pilot Program immediately.
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9 | | (Source: P.A. 101-27, eff. 6-25-19; 102-98, eff. 7-15-21; |
10 | | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.) |
11 | | (410 ILCS 705/25-40) |
12 | | (Section scheduled to be repealed on July 1, 2026)
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13 | | Sec. 25-40. Study. By December 31, 2025, the Commission |
14 | | Illinois Cannabis Regulation Oversight Officer , in |
15 | | coordination with the Board, must issue a report to the |
16 | | Governor and the General Assembly which includes, but is not |
17 | | limited to, the following: |
18 | | (1) Number of security incidents or infractions at |
19 | | each licensee and any action taken or not taken; |
20 | | (2) Statistics, based on race, ethnicity, gender, and |
21 | | participating community college of: |
22 | | (A) students enrolled in career in cannabis |
23 | | classes; |
24 | | (B) successful completion rates by community |
25 | | college students for the Certificate; |
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1 | | (C) postgraduate job placement of students who |
2 | | obtained a Certificate, including both cannabis |
3 | | business establishment jobs and non-cannabis business |
4 | | establishment jobs; and |
5 | | (3) Any other relevant information.
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6 | | (Source: P.A. 101-27, eff. 6-25-19.) |
7 | | (410 ILCS 705/30-3)
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8 | | Sec. 30-3. Definition. In this Article, "Commission" means |
9 | | the Cannabis Equity and Oversight Commission. |
10 | | "Department" means the Department of Agriculture.
|
11 | | (Source: P.A. 101-27, eff. 6-25-19.) |
12 | | (410 ILCS 705/30-5)
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13 | | Sec. 30-5. Issuance of licenses. |
14 | | (a) The Commission Department of Agriculture shall issue |
15 | | up to 40 craft grower licenses by July 1, 2020. Any person or |
16 | | entity awarded a license pursuant to this subsection shall |
17 | | only hold one craft grower license and may not sell that |
18 | | license until after December 21, 2021. |
19 | | (b) By December 21, 2021, the Commission Department of |
20 | | Agriculture shall issue up to 60 additional craft grower |
21 | | licenses. Any person or entity awarded a license pursuant to |
22 | | this subsection shall not hold more than 2 craft grower |
23 | | licenses. The person or entity awarded a license pursuant to |
24 | | this subsection or subsection (a) of this Section may sell its |
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1 | | craft grower license subject to the restrictions of this Act |
2 | | or as determined by administrative rule. Prior to issuing such |
3 | | licenses, the Commission Department may adopt rules through |
4 | | emergency rulemaking in accordance with subsection (kk) of |
5 | | Section 5-45 of the Illinois Administrative Procedure Act, to |
6 | | modify or raise the number of craft grower licenses and modify |
7 | | or change the licensing application process. The General |
8 | | Assembly finds that the adoption of rules to regulate cannabis |
9 | | use is deemed an emergency and necessary for the public |
10 | | interest, safety, and welfare. In determining whether to |
11 | | exercise the authority granted by this subsection, the |
12 | | Commission Department of Agriculture must consider the |
13 | | following factors: |
14 | | (1) the percentage of cannabis sales occurring in |
15 | | Illinois not in the regulated market using data from the |
16 | | Substance Abuse and Mental Health Services Administration, |
17 | | National Survey on Drug Use and Health, Illinois |
18 | | Behavioral Risk Factor Surveillance System, and tourism |
19 | | data from the Illinois Office of Tourism to ascertain |
20 | | total cannabis consumption in Illinois compared to the |
21 | | amount of sales in licensed dispensing organizations; |
22 | | (2) whether there is an adequate supply of cannabis |
23 | | and cannabis-infused products to serve registered medical |
24 | | cannabis patients; |
25 | | (3) whether there is an adequate supply of cannabis |
26 | | and cannabis-infused products to serve purchasers; |
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1 | | (4) whether there is an oversupply of cannabis in |
2 | | Illinois leading to trafficking of cannabis to states |
3 | | where the sale of cannabis is not permitted by law; |
4 | | (5) population increases or shifts; |
5 | | (6) the density of craft growers in any area of the |
6 | | State; |
7 | | (7) perceived security risks of increasing the number |
8 | | or location of craft growers; |
9 | | (8) the past safety record of craft growers; |
10 | | (9) the Commission's Department of Agriculture's |
11 | | capacity to appropriately regulate additional licensees; |
12 | | (10) (blank); and |
13 | | (11) any other criteria the Commission Department of |
14 | | Agriculture deems relevant. |
15 | | (c) After January 1, 2022, the Commission Department of |
16 | | Agriculture may by rule modify or raise the number of craft |
17 | | grower licenses and modify or change the licensing application |
18 | | process. At no time may the number of craft grower licenses |
19 | | exceed 150. Any person or entity awarded a license pursuant to |
20 | | this subsection shall not hold more than 3 craft grower |
21 | | licenses. A person or entity awarded a license pursuant to |
22 | | this subsection or subsection (a) or subsection (b) of this |
23 | | Section may sell its craft grower license or licenses subject |
24 | | to the restrictions of this Act or as determined by |
25 | | administrative rule.
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26 | | (d) Upon the completion of the disparity and availability |
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1 | | study pertaining to craft growers the Commission by the |
2 | | Cannabis Regulation Oversight Officer pursuant to subsection |
3 | | (e) of Section 5-45, the Department may modify or change the |
4 | | licensing application process to reduce or eliminate barriers |
5 | | from and remedy evidence of discrimination identified in the |
6 | | disparity and availability study. |
7 | | (e) Notwithstanding any other provision of law, the |
8 | | Commission shall have authority over licenses in this Section |
9 | | that may be in various phases in the licensing process or are |
10 | | eligible, pending, in the conditional phase, awarded, pending |
11 | | adjudication by a judicial process, or have otherwise not been |
12 | | awarded on and after July 1, 2022. |
13 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; |
14 | | 102-98, eff. 7-15-21.) |
15 | | (410 ILCS 705/30-10)
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16 | | Sec. 30-10. Application. |
17 | | (a) When applying for a license, the applicant shall |
18 | | electronically submit the following in such form as the |
19 | | Commission Department of Agriculture may direct: |
20 | | (1) the nonrefundable application fee of $5,000 to be |
21 | | deposited into the Cannabis Regulation Fund , or another |
22 | | amount as the Department of Agriculture may set by rule |
23 | | after January 1, 2021 ; |
24 | | (2) the legal name of the craft grower; |
25 | | (3) the proposed physical address of the craft grower; |
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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 |
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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; |
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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 |
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1 | | and local laws, ordinances, and rules. |
2 | | (C) Any cannabis waste, liquid waste, or hazardous |
3 | | waste shall be disposed of in accordance with 8 Ill. |
4 | | Adm. Code 1000.460, except, to the greatest extent |
5 | | feasible, all cannabis plant waste will be rendered |
6 | | unusable by grinding and incorporating the cannabis |
7 | | plant waste with compostable mixed waste to be |
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. |
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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 |
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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 |
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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 | | Commission Department of Agriculture . Failure by an applicant |
5 | | to submit all required information may result in the |
6 | | application being disqualified. |
7 | | (c) If the Commission Department of Agriculture receives |
8 | | an application with missing information, the Commission |
9 | | Department of Agriculture may issue a deficiency notice to the |
10 | | applicant. The applicant shall have 10 calendar days from the |
11 | | date of the deficiency notice to resubmit the incomplete |
12 | | information. Applications that are still incomplete after this |
13 | | opportunity to cure will not be scored and will be |
14 | | disqualified.
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15 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; |
16 | | 102-538, eff. 8-20-21.) |
17 | | (410 ILCS 705/30-20)
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18 | | Sec. 30-20. Issuance of license to certain persons |
19 | | prohibited. |
20 | | (a) No craft grower license issued by the Commission |
21 | | Department of Agriculture shall be issued to a person who is |
22 | | licensed by any licensing authority as a cultivation center, |
23 | | or to any partnership, corporation, limited liability company, |
24 | | or trust or any subsidiary, affiliate, or any other form of |
25 | | business enterprise having more than 10% legal, equitable, or |
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1 | | beneficial interest, directly or indirectly, in a person |
2 | | licensed in this State as a cultivation center, or to any |
3 | | principal officer, agent, employee, or human being with any |
4 | | form of ownership or control over a cultivation center except |
5 | | for a person who owns no more than 5% of the outstanding shares |
6 | | of a cultivation center whose shares are publicly traded on an |
7 | | exchange within the meaning of the Securities Exchange Act of |
8 | | 1934. |
9 | | (b) A person who is licensed in this State as a craft |
10 | | grower, or any partnership, corporation, limited liability |
11 | | company, or trust or any subsidiary, affiliate, or agent |
12 | | thereof, or any other form of business enterprise licensed in |
13 | | this State as a craft grower shall not have more than 10% |
14 | | legal, equitable, or beneficial interest, directly or |
15 | | indirectly, in a person licensed as a cultivation center, nor |
16 | | shall any partnership, corporation, limited liability company, |
17 | | or trust or any subsidiary, affiliate, or any other form of |
18 | | business enterprise having any legal, equitable, or beneficial |
19 | | interest, directly or indirectly, in a person licensed in this |
20 | | State as a craft grower or a craft grower agent be a principal |
21 | | officer, agent, employee, or human being with any form of |
22 | | ownership or control over a cultivation center except for a |
23 | | person who owns no more than 5% of the outstanding shares of a |
24 | | cultivation center whose shares are publicly traded on an |
25 | | exchange within the meaning of the Securities Exchange Act of |
26 | | 1934.
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1 | | (Source: P.A. 101-27, eff. 6-25-19.) |
2 | | (410 ILCS 705/30-30)
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3 | | Sec. 30-30. Craft grower requirements; prohibitions. |
4 | | (a) The operating documents of a craft grower shall |
5 | | include procedures for the oversight of the craft grower, a |
6 | | cannabis plant monitoring system including a physical |
7 | | inventory recorded weekly, accurate recordkeeping, and a |
8 | | staffing plan. |
9 | | (b) A craft grower shall implement a security plan |
10 | | reviewed by the Illinois State Police that includes, but is |
11 | | not limited to: facility access controls, perimeter intrusion |
12 | | detection systems, personnel identification systems, and a |
13 | | 24-hour surveillance system to monitor the interior and |
14 | | exterior of the craft grower facility and that is accessible |
15 | | to authorized law enforcement and the Commission Department of |
16 | | Agriculture in real time. |
17 | | (c) All cultivation of cannabis by a craft grower must |
18 | | take place in an enclosed, locked facility at the physical |
19 | | address provided to the Commission Department of Agriculture |
20 | | during the licensing process. The craft grower location shall |
21 | | only be accessed by the agents working for the craft grower, |
22 | | the Commission Department of Agriculture staff performing |
23 | | inspections, the Department of Public Health staff performing |
24 | | inspections, State and local law enforcement or other |
25 | | emergency personnel, contractors working on jobs unrelated to |
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1 | | cannabis, such as installing or maintaining security devices |
2 | | or performing electrical wiring, transporting organization |
3 | | agents as provided in this Act, or participants in the |
4 | | incubator program, individuals in a mentoring or educational |
5 | | program approved by the State, or other individuals as |
6 | | provided by rule. However, if a craft grower shares a premises |
7 | | with an infuser or dispensing organization, agents from those |
8 | | other licensees may access the craft grower portion of the |
9 | | premises if that is the location of common bathrooms, |
10 | | lunchrooms, locker rooms, or other areas of the building where |
11 | | work or cultivation of cannabis is not performed. At no time |
12 | | may an infuser or dispensing organization agent perform work |
13 | | at a craft grower without being a registered agent of the craft |
14 | | grower. |
15 | | (d) A craft grower may not sell or distribute any cannabis |
16 | | to any person other than a cultivation center, a craft grower, |
17 | | an infuser organization, a dispensing organization, or as |
18 | | otherwise authorized by rule. |
19 | | (e) A craft grower may not be located in an area zoned for |
20 | | residential use. |
21 | | (f) A craft grower may not either directly or indirectly |
22 | | discriminate in price between different cannabis business |
23 | | establishments that are purchasing a like grade, strain, |
24 | | brand, and quality of cannabis or cannabis-infused product. |
25 | | Nothing in this subsection (f) prevents a craft grower from |
26 | | pricing cannabis differently based on differences in the cost |
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1 | | of manufacturing or processing, the quantities sold, such as |
2 | | volume discounts, or the way the products are delivered. |
3 | | (g) All cannabis harvested by a craft grower and intended |
4 | | for distribution to a dispensing organization must be entered |
5 | | into a data collection system, packaged and labeled under |
6 | | Section 55-21, and, if distribution is to a dispensing |
7 | | organization that does not share a premises with the |
8 | | dispensing organization receiving the cannabis, placed into a |
9 | | cannabis container for transport. All cannabis harvested by a |
10 | | craft grower and intended for distribution to a cultivation |
11 | | center, to an infuser organization, or to a craft grower with |
12 | | which it does not share a premises, must be packaged in a |
13 | | labeled cannabis container and entered into a data collection |
14 | | system before transport. |
15 | | (h) Craft growers are subject to random inspections by the |
16 | | Commission Department of Agriculture , local safety or health |
17 | | inspectors, the Illinois State Police, or as provided by rule. |
18 | | (i) A craft grower agent shall notify local law |
19 | | enforcement, the Illinois State Police, and the Commission |
20 | | Department of Agriculture within 24 hours of the discovery of |
21 | | any loss or theft. Notification shall be made by phone, in |
22 | | person, or written or electronic communication. |
23 | | (j) A craft grower shall comply with all State and any |
24 | | applicable federal rules and regulations regarding the use of |
25 | | pesticides. |
26 | | (k) A craft grower or craft grower agent shall not |
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1 | | transport cannabis or cannabis-infused products to any other |
2 | | cannabis business establishment without a transport |
3 | | organization license unless: |
4 | | (i) If the craft grower is located in a county with a |
5 | | population of 3,000,000 or more, the cannabis business |
6 | | establishment receiving the cannabis is within 2,000 feet |
7 | | of the property line of the craft grower; |
8 | | (ii) If the craft grower is located in a county with a |
9 | | population of more than 700,000 but fewer than 3,000,000, |
10 | | the cannabis business establishment receiving the cannabis |
11 | | is within 2 miles of the craft grower; or |
12 | | (iii) If the craft grower is located in a county with a |
13 | | population of fewer than 700,000, the cannabis business |
14 | | establishment receiving the cannabis is within 15 miles of |
15 | | the craft grower. |
16 | | (l) A craft grower may enter into a contract with a |
17 | | transporting organization to transport cannabis to a |
18 | | cultivation center, a craft grower, an infuser organization, a |
19 | | dispensing organization, or a laboratory. |
20 | | (m) No person or entity shall hold any legal, equitable, |
21 | | ownership, or beneficial interest, directly or indirectly, of |
22 | | more than 3 craft grower licenses. Further, no person or |
23 | | entity that is employed by, an agent of, or has a contract to |
24 | | receive payment from or participate in the management of a |
25 | | craft grower, is a principal officer of a craft grower, or |
26 | | entity controlled by or affiliated with a principal officer of |
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1 | | a craft grower shall hold any legal, equitable, ownership, or |
2 | | beneficial interest, directly or indirectly, in a craft grower |
3 | | license that would result in the person or entity owning or |
4 | | controlling in combination with any craft grower, principal |
5 | | officer of a craft grower, or entity controlled or affiliated |
6 | | with a principal officer of a craft grower by which he, she, or |
7 | | it is employed, is an agent of, or participates in the |
8 | | management of more than 3 craft grower licenses. |
9 | | (n) It is unlawful for any person having a craft grower |
10 | | license or any officer, associate, member, representative, or |
11 | | agent of the licensee to offer or deliver money, or anything |
12 | | else of value, directly or indirectly, to any person having an |
13 | | Early Approval Adult Use Dispensing Organization License, a |
14 | | Conditional Adult Use Dispensing Organization License, an |
15 | | Adult Use Dispensing Organization License, or a medical |
16 | | cannabis dispensing organization license issued under the |
17 | | Compassionate Use of Medical Cannabis Program Act , or to any |
18 | | person connected with or in any way representing, or to any |
19 | | member of the family of, the person holding an Early Approval |
20 | | Adult Use Dispensing Organization License, a Conditional Adult |
21 | | Use Dispensing Organization License, an Adult Use Dispensing |
22 | | Organization License, or a medical cannabis dispensing |
23 | | organization license issued under the Compassionate Use of |
24 | | Medical Cannabis Program Act , or to any stockholders in any |
25 | | corporation engaged in the retail sale of cannabis, or to any |
26 | | officer, manager, agent, or representative of the Early |
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1 | | Approval Adult Use Dispensing Organization License, a |
2 | | Conditional Adult Use Dispensing Organization License, an |
3 | | Adult Use Dispensing Organization License, or a medical |
4 | | cannabis dispensing organization license issued under the |
5 | | Compassionate Use of Medical Cannabis Program Act to obtain |
6 | | preferential placement within the dispensing organization, |
7 | | including, without limitation, on shelves and in display cases |
8 | | where purchasers can view products, or on the dispensing |
9 | | organization's website. |
10 | | (o) A craft grower shall not be located within 1,500 feet |
11 | | of another craft grower or a cultivation center. |
12 | | (p) A craft grower may process cannabis, cannabis |
13 | | concentrates, and cannabis-infused products. |
14 | | (q) A craft grower must comply with any other requirements |
15 | | or prohibitions set by administrative rule of the Commission |
16 | | Department of Agriculture .
|
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; 102-813, eff. |
19 | | 5-13-22.) |
20 | | (410 ILCS 705/30-45)
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21 | | Sec. 30-45. Renewal of craft grower licenses and agent |
22 | | identification cards. |
23 | | (a) Licenses and identification cards issued under this |
24 | | Act shall be renewed annually. A craft grower shall receive |
25 | | written or electronic notice 90 days before the expiration of |
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1 | | its current license that the license will expire. The |
2 | | Commission Department of Agriculture shall grant a renewal |
3 | | within 45 days of submission of a renewal application if: |
4 | | (1) the craft grower submits a renewal application and |
5 | | the required nonrefundable renewal fee of $40,000, or |
6 | | another amount as the Commission Department of Agriculture |
7 | | may set by rule after January 1, 2021; |
8 | | (2) the Commission Department of Agriculture has not |
9 | | suspended the license of the craft grower or suspended or |
10 | | revoked the license for violating this Act or rules |
11 | | adopted under this Act; |
12 | | (3) the craft grower has continued to operate in |
13 | | accordance with all plans submitted as part of its |
14 | | application and approved by the Commission Department of |
15 | | Agriculture or any amendments thereto that have been |
16 | | approved by the Commission Department of Agriculture ; |
17 | | (4) the craft grower has submitted an agent, employee, |
18 | | contracting, and subcontracting diversity report as |
19 | | required by the Commission Department ; and |
20 | | (5) the craft grower has submitted an environmental |
21 | | impact report. |
22 | | (b) If a craft grower fails to renew its license before |
23 | | expiration, it shall cease operations until its license is |
24 | | renewed. |
25 | | (c) If a craft grower agent fails to renew his or her |
26 | | identification card before its expiration, he or she shall |
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1 | | cease to work as an agent of the craft grower organization |
2 | | until his or her identification card is renewed. |
3 | | (d) Any craft grower that continues to operate, or any |
4 | | craft grower agent who continues to work as an agent, after the |
5 | | applicable license or identification card has expired without |
6 | | renewal is subject to the penalties provided under Section |
7 | | 45-5. |
8 | | (e) All fees or fines collected from the renewal of a craft |
9 | | grower license shall be deposited into the Cannabis Regulation |
10 | | Fund.
|
11 | | (Source: P.A. 101-27, eff. 6-25-19.) |
12 | | (410 ILCS 705/30-55) |
13 | | Sec. 30-55. Disclosure of ownership and control. |
14 | | (a) Each craft grower applicant and licensee shall file |
15 | | and maintain a Table of Organization, Ownership, and Control |
16 | | with the Commission Department . The Table of Organization, |
17 | | Ownership, and Control shall contain the information required |
18 | | by this Section in sufficient detail to identify all owners, |
19 | | directors, and principal officers, and the title of each |
20 | | principal officer or business entity that, through direct or |
21 | | indirect means, manages, owns, or controls the applicant or |
22 | | licensee. |
23 | | (b) The Table of Organization, Ownership and Control shall |
24 | | identify the following information: |
25 | | (1) The management structure, ownership, and control
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1 | | of the applicant or license holder including the name of |
2 | | each principal officer or business entity, the office or |
3 | | position held, and the percentage ownership interest, if |
4 | | any. If the business entity has a parent company, the name |
5 | | of each owner, board member, and officer of the parent |
6 | | company and his or her percentage ownership interest in |
7 | | the parent company and the craft grower. |
8 | | (2) If the applicant or licensee is a business entity
|
9 | | with publicly traded stock, the identification of |
10 | | ownership shall be provided as required in subsection (c). |
11 | | (c) If a business entity identified in subsection (b) is a |
12 | | publicly traded company, the following information shall be |
13 | | provided in the Table of Organization, Ownership, and Control: |
14 | | (1) The name and percentage of ownership interest of |
15 | | each individual or business entity with ownership of more |
16 | | than 5% of the voting shares of the entity, to the extent |
17 | | such information is known or contained in 13D or 13G |
18 | | Securities and Exchange Commission filings. |
19 | | (2) To the extent known, the names and percentage of
|
20 | | interest of ownership of persons who are relatives of one |
21 | | another and who together exercise control over or own more |
22 | | than 10% of the voting shares of the entity. |
23 | | (d) A craft grower with a parent company or companies, or |
24 | | partially owned or controlled by another entity must disclose |
25 | | to the Commission Department the relationship and all owners, |
26 | | board members, officers, or individuals with control or |
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1 | | management of those entities. A craft grower shall not shield |
2 | | its ownership or control from the Commission Department . |
3 | | (e) All principal officers must submit a complete online |
4 | | application with the Commission Department within 14 days of |
5 | | the craft grower being licensed by the Commission Department |
6 | | or within 14 days of Commission Department notice of approval |
7 | | as a new principal officer. |
8 | | (f) A principal officer may not allow his or her |
9 | | registration to expire. |
10 | | (g) A craft grower separating with a principal officer |
11 | | must do so under this Act. The principal officer must |
12 | | communicate the separation to the Commission Department within |
13 | | 5 business days. |
14 | | (h) A principal officer not in compliance with the |
15 | | requirements of this Act shall be removed from his or her |
16 | | position with the craft grower or shall otherwise terminate |
17 | | his or her affiliation. Failure to do so may subject the craft |
18 | | grower to discipline, suspension, or revocation of its license |
19 | | by the Commission Department . |
20 | | (i) It is the responsibility of the craft grower and its |
21 | | principal officers to promptly notify the Commission |
22 | | Department of any change of the principal place of business |
23 | | address, hours of operation, change in ownership or control, |
24 | | or a change of the craft grower's primary or secondary contact |
25 | | information. Any changes must be made to the Commission |
26 | | Department in writing.
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1 | | (Source: P.A. 102-98, eff. 7-15-21.) |
2 | | (410 ILCS 705/35-3)
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3 | | Sec. 35-3. Definitions. In this Article , "Commission" |
4 | | means the Cannabis Equity and Oversight Commission. : |
5 | | "Department" means the Department of Agriculture.
|
6 | | (Source: P.A. 101-27, eff. 6-25-19.) |
7 | | (410 ILCS 705/35-5)
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8 | | Sec. 35-5. Issuance of licenses. |
9 | | (a) The Department of Agriculture shall issue up to 40 |
10 | | infuser licenses through a process provided for in this |
11 | | Article no later than July 1, 2020. |
12 | | (b) The Commission Department of Agriculture shall make |
13 | | the application for infuser licenses available on January 7, |
14 | | 2020, or if that date falls on a weekend or holiday, the |
15 | | business day immediately succeeding the weekend or holiday and |
16 | | every January 7 or succeeding business day thereafter, and |
17 | | shall receive such applications no later than March 15, 2020, |
18 | | or, if that date falls on a weekend or holiday, the business |
19 | | day immediately succeeding the weekend or holiday and every |
20 | | March 15 or succeeding business day thereafter. |
21 | | (c) By December 21, 2021, the Department of Agriculture |
22 | | may issue up to 60 additional infuser licenses. Prior to |
23 | | issuing such licenses, the Commission Department may adopt |
24 | | rules through emergency rulemaking in accordance with |
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1 | | subsection (kk) of Section 5-45 of the Illinois Administrative |
2 | | Procedure Act, to modify or raise the number of infuser |
3 | | licenses and modify or change the licensing application |
4 | | process to reduce or eliminate barriers. The General Assembly |
5 | | finds that the adoption of rules to regulate cannabis use is |
6 | | deemed an emergency and necessary for the public interest, |
7 | | safety, and welfare. |
8 | | In determining whether to exercise the authority granted |
9 | | by this subsection, the Commission Department of Agriculture |
10 | | must consider the following factors: |
11 | | (1) the percentage of cannabis sales occurring in |
12 | | Illinois not in the regulated market using data from the |
13 | | Substance Abuse and Mental Health Services Administration, |
14 | | National Survey on Drug Use and Health, Illinois |
15 | | Behavioral Risk Factor Surveillance System, and tourism |
16 | | data from the Illinois Office of Tourism to ascertain |
17 | | total cannabis consumption in Illinois compared to the |
18 | | amount of sales in licensed dispensing organizations; |
19 | | (2) whether there is an adequate supply of cannabis |
20 | | and cannabis-infused products to serve registered medical |
21 | | cannabis patients; |
22 | | (3) whether there is an adequate supply of cannabis |
23 | | and cannabis-infused products to serve purchasers; |
24 | | (4) whether there is an oversupply of cannabis in |
25 | | Illinois leading to trafficking of cannabis to any other |
26 | | state; |
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1 | | (5) population increases or shifts; |
2 | | (6) changes to federal law; |
3 | | (7) perceived security risks of increasing the number |
4 | | or location of infuser organizations; |
5 | | (8) the past security records of infuser |
6 | | organizations; |
7 | | (9) the Commission's Department of Agriculture's |
8 | | capacity to appropriately regulate additional licenses; |
9 | | (10) (blank); and |
10 | | (11) any other criteria the Commission Department of |
11 | | Agriculture deems relevant. |
12 | | (d) After January 1, 2022, the Commission Department of |
13 | | Agriculture may by rule modify or raise the number of infuser |
14 | | licenses, and modify or change the licensing application |
15 | | process to reduce or eliminate barriers based on the criteria |
16 | | in subsection (c).
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17 | | (e) Upon the completion of the disparity and availability
|
18 | | study pertaining to infusers by the Commission Cannabis |
19 | | Regulation Oversight Officer pursuant to subsection (e) of |
20 | | Section 5-45, the Department of Agriculture may modify or |
21 | | change the licensing application process to reduce or |
22 | | eliminate barriers and remedy evidence of discrimination |
23 | | identified in the study. |
24 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; |
25 | | 102-98, eff. 7-15-21.) |
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1 | | (410 ILCS 705/35-10)
|
2 | | Sec. 35-10. Application. |
3 | | (a) When applying for a license, the applicant shall |
4 | | electronically submit the following in such form as the |
5 | | Commission Department of Agriculture may direct: |
6 | | (1) the nonrefundable application fee of $5,000 or, |
7 | | after January 1, 2021, another amount as set by rule by the |
8 | | Department of Agriculture, to be deposited into the |
9 | | Cannabis Regulation Fund; |
10 | | (2) the legal name of the infuser; |
11 | | (3) the proposed physical address of the infuser; |
12 | | (4) the name, address, social security number, and |
13 | | date of birth of each principal officer and board member |
14 | | of the infuser; each principal officer and board member |
15 | | shall be at least 21 years of age; |
16 | | (5) the details of any administrative or judicial |
17 | | proceeding in which any of the principal officers or board |
18 | | members of the infuser (i) pled guilty, were convicted, |
19 | | fined, or had a registration or license suspended or |
20 | | revoked, or (ii) managed or served on the board of a |
21 | | business or non-profit organization that pled guilty, was |
22 | | convicted, fined, or had a registration or license |
23 | | suspended or revoked; |
24 | | (6) proposed operating bylaws that include procedures |
25 | | for the oversight of the infuser, including the |
26 | | development and implementation of a plant monitoring |
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1 | | system, accurate recordkeeping, staffing plan, and |
2 | | security plan approved by the Illinois State Police that |
3 | | are in accordance with the rules issued by the Commission |
4 | | Department of Agriculture under this Act; a physical |
5 | | inventory of all cannabis shall be performed on a weekly |
6 | | basis by the infuser; |
7 | | (7) verification from the Illinois State Police that |
8 | | all background checks of the prospective principal |
9 | | officers, board members, and agents of the infuser |
10 | | organization have been conducted; |
11 | | (8) a copy of the current local zoning ordinance and |
12 | | verification that the proposed infuser is in compliance |
13 | | with the local zoning rules and distance limitations |
14 | | established by the local jurisdiction; |
15 | | (9) proposed employment practices, in which the |
16 | | applicant must demonstrate a plan of action to inform, |
17 | | hire, and educate minorities, women, veterans, and persons |
18 | | with disabilities, engage in fair labor practices, and |
19 | | provide worker protections; |
20 | | (10) whether an applicant can demonstrate experience |
21 | | in or business practices that promote economic empowerment |
22 | | in Disproportionately Impacted Areas; |
23 | | (11) experience with infusing products with cannabis |
24 | | concentrate; |
25 | | (12) a description of the enclosed, locked facility |
26 | | where cannabis will be infused, packaged, or otherwise |
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1 | | prepared for distribution to a dispensing organization or |
2 | | other infuser; |
3 | | (13) processing, inventory, and packaging plans; |
4 | | (14) a description of the applicant's experience with |
5 | | operating a commercial kitchen or laboratory preparing |
6 | | products for human consumption; |
7 | | (15) a list of any academic degrees, certifications, |
8 | | or relevant experience of all prospective principal |
9 | | officers, board members, and agents of the related |
10 | | business; |
11 | | (16) the identity of every person having a financial |
12 | | or voting interest of 5% or greater in the infuser |
13 | | operation with respect to which the license is sought, |
14 | | whether a trust, corporation, partnership, limited |
15 | | liability company, or sole proprietorship, including the |
16 | | name and address of each person; |
17 | | (17) a plan describing how the infuser will address |
18 | | each of the following: |
19 | | (i) energy needs, including estimates of monthly |
20 | | electricity and gas usage, to what extent it will |
21 | | procure energy from a local utility or from on-site |
22 | | generation, and if it has or will adopt a sustainable |
23 | | energy use and energy conservation policy; |
24 | | (ii) water needs, including estimated water draw, |
25 | | and if it has or will adopt a sustainable water use and |
26 | | water conservation policy; and |
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1 | | (iii) waste management, including if it has or |
2 | | will adopt a waste reduction policy; |
3 | | (18) a recycling plan: |
4 | | (A) a commitment that any recyclable waste |
5 | | generated by the infuser shall be recycled per |
6 | | applicable State and local laws, ordinances, and |
7 | | rules; and
|
8 | | (B) a commitment to comply with local waste |
9 | | provisions. An infuser commits to remain in compliance |
10 | | with applicable State and federal environmental |
11 | | requirements, including, but not limited to, storing, |
12 | | securing, and managing all recyclables and waste, |
13 | | including organic waste composed of or containing |
14 | | finished cannabis and cannabis products, in accordance |
15 | | with applicable State and local laws, ordinances, and |
16 | | rules; and |
17 | | (19) any other information required by rule. |
18 | | (b) Applicants must submit all required information, |
19 | | including the information required in Section 35-15, to the |
20 | | Commission Department of Agriculture . Failure by an applicant |
21 | | to submit all required information may result in the |
22 | | application being disqualified. |
23 | | (c) If the Commission Department of Agriculture receives |
24 | | an application with missing information, the Commission |
25 | | Department of Agriculture may issue a deficiency notice to the |
26 | | applicant. The applicant shall have 10 calendar days from the |
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1 | | date of the deficiency notice to resubmit the incomplete |
2 | | information. Applications that are still incomplete after this |
3 | | opportunity to cure will not be scored and will be |
4 | | disqualified.
|
5 | | (Source: P.A. 101-27, eff. 6-25-19; 102-538, eff. 8-20-21.) |
6 | | (410 ILCS 705/35-25)
|
7 | | Sec. 35-25. Infuser organization requirements; |
8 | | prohibitions. |
9 | | (a) The operating documents of an infuser shall include |
10 | | procedures for the oversight of the infuser, an inventory |
11 | | monitoring system including a physical inventory recorded |
12 | | weekly, accurate recordkeeping, and a staffing plan. |
13 | | (b) An infuser shall implement a security plan reviewed by |
14 | | the Illinois State Police that includes, but is not limited |
15 | | to: facility access controls, perimeter intrusion detection |
16 | | systems, personnel identification systems, and a 24-hour |
17 | | surveillance system to monitor the interior and exterior of |
18 | | the infuser facility and that is accessible to authorized law |
19 | | enforcement, the Department of Public Health, and the |
20 | | Commission Department of Agriculture in real time. |
21 | | (c) All processing of cannabis by an infuser must take |
22 | | place in an enclosed, locked facility at the physical address |
23 | | provided to the Commission Department of Agriculture during |
24 | | the licensing process. The infuser location shall only be |
25 | | accessed by the agents working for the infuser, the Commission |
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1 | | Department of Agriculture staff performing inspections, the |
2 | | Department of Public Health staff performing inspections, |
3 | | State and local law enforcement or other emergency personnel, |
4 | | contractors working on jobs unrelated to cannabis, such as |
5 | | installing or maintaining security devices or performing |
6 | | electrical wiring, transporting organization agents as |
7 | | provided in this Act, participants in the incubator program, |
8 | | individuals in a mentoring or educational program approved by |
9 | | the State, local safety or health inspectors, or other |
10 | | individuals as provided by rule. However, if an infuser shares |
11 | | a premises with a craft grower or dispensing organization, |
12 | | agents from these other licensees may access the infuser |
13 | | portion of the premises if that is the location of common |
14 | | bathrooms, lunchrooms, locker rooms, or other areas of the |
15 | | building where processing of cannabis is not performed. At no |
16 | | time may a craft grower or dispensing organization agent |
17 | | perform work at an infuser without being a registered agent of |
18 | | the infuser. |
19 | | (d) An infuser may not sell or distribute any cannabis to |
20 | | any person other than a dispensing organization, or as |
21 | | otherwise authorized by rule. |
22 | | (e) An infuser may not either directly or indirectly |
23 | | discriminate in price between different cannabis business |
24 | | establishments that are purchasing a like grade, strain, |
25 | | brand, and quality of cannabis or cannabis-infused product. |
26 | | Nothing in this subsection (e) prevents an infuser from |
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1 | | pricing cannabis differently based on differences in the cost |
2 | | of manufacturing or processing, the quantities sold, such |
3 | | volume discounts, or the way the products are delivered. |
4 | | (f) All cannabis infused by an infuser and intended for |
5 | | distribution to a dispensing organization must be entered into |
6 | | a data collection system, packaged and labeled under Section |
7 | | 55-21, and, if distribution is to a dispensing organization |
8 | | that does not share a premises with the infuser, placed into a |
9 | | cannabis container for transport. All cannabis produced by an |
10 | | infuser and intended for distribution to a cultivation center, |
11 | | infuser organization, or craft grower with which it does not |
12 | | share a premises, must be packaged in a labeled cannabis |
13 | | container and entered into a data collection system before |
14 | | transport. |
15 | | (g) Infusers are subject to random inspections by the |
16 | | Commission Department of Agriculture , the Department of Public |
17 | | Health, the Illinois State Police, local law enforcement, or |
18 | | as provided by rule. |
19 | | (h) An infuser agent shall notify local law enforcement, |
20 | | the Illinois State Police, and the Commission Department of |
21 | | Agriculture within 24 hours of the discovery of any loss or |
22 | | theft. Notification shall be made by phone, in person, or by |
23 | | written or electronic communication. |
24 | | (i) An infuser organization may not be located in an area |
25 | | zoned for residential use. |
26 | | (j) An infuser or infuser agent shall not transport |
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1 | | cannabis or cannabis-infused products to any other cannabis |
2 | | business establishment without a transport organization |
3 | | license unless: |
4 | | (i) If the infuser is located in a county with a |
5 | | population of 3,000,000 or more, the cannabis business |
6 | | establishment receiving the cannabis or cannabis-infused |
7 | | product is within 2,000 feet of the property line of the |
8 | | infuser; |
9 | | (ii) If the infuser is located in a county with a |
10 | | population of more than 700,000 but fewer than 3,000,000, |
11 | | the cannabis business establishment receiving the cannabis |
12 | | or cannabis-infused product is within 2 miles of the |
13 | | infuser; or |
14 | | (iii) If the infuser is located in a county with a |
15 | | population of fewer than 700,000, the cannabis business |
16 | | establishment receiving the cannabis or cannabis-infused |
17 | | product is within 15 miles of the infuser. |
18 | | (k) An infuser may enter into a contract with a |
19 | | transporting organization to transport cannabis to a |
20 | | dispensing organization or a laboratory. |
21 | | (l) An infuser organization may share premises with a |
22 | | craft grower or a dispensing organization, or both, provided |
23 | | each licensee stores currency and cannabis or cannabis-infused |
24 | | products in a separate secured vault to which the other |
25 | | licensee does not have access or all licensees sharing a vault |
26 | | share more than 50% of the same ownership. |
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1 | | (m) It is unlawful for any person or entity having an |
2 | | infuser organization license or any officer, associate, |
3 | | member, representative or agent of such licensee to offer or |
4 | | deliver money, or anything else of value, directly or |
5 | | indirectly to any person having an Early Approval Adult Use |
6 | | Dispensing Organization License, a Conditional Adult Use |
7 | | Dispensing Organization License, an Adult Use Dispensing |
8 | | Organization License, or a medical cannabis dispensing |
9 | | organization license issued under the Compassionate Use of |
10 | | Medical Cannabis Program Act , or to any person connected with |
11 | | or in any way representing, or to any member of the family of, |
12 | | such person holding an Early Approval Adult Use Dispensing |
13 | | Organization License, a Conditional Adult Use Dispensing |
14 | | Organization License, an Adult Use Dispensing Organization |
15 | | License, or a medical cannabis dispensing organization license |
16 | | issued under the Compassionate Use of Medical Cannabis Program |
17 | | Act , or to any stockholders in any corporation engaged the |
18 | | retail sales of cannabis, or to any officer, manager, agent, |
19 | | or representative of the 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 to obtain preferential placement within the dispensing |
25 | | organization, including, without limitation, on shelves and in |
26 | | display cases where purchasers can view products, or on the |
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1 | | dispensing organization's website. |
2 | | (n) At no time shall an infuser organization or an infuser |
3 | | agent perform the extraction of cannabis concentrate from |
4 | | cannabis flower.
|
5 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; |
6 | | 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff. |
7 | | 5-13-22.) |
8 | | (410 ILCS 705/35-31)
|
9 | | Sec. 35-31. Ensuring an adequate supply of raw materials |
10 | | to serve infusers. |
11 | | (a) As used in this Section, "raw materials" includes, but |
12 | | is not limited to, CO 2 hash oil, "crude", "distillate", or any |
13 | | other cannabis concentrate extracted from cannabis flower by |
14 | | use of a solvent or a mechanical process. |
15 | | (b) The Commission Department of Agriculture may by rule |
16 | | design a method for assessing whether licensed infusers have |
17 | | access to an adequate supply of reasonably affordable raw |
18 | | materials, which may include but not be limited to: (i) a |
19 | | survey of infusers; (ii) a market study on the sales trends of |
20 | | cannabis-infused products manufactured by infusers; and (iii) |
21 | | the costs cultivation centers and craft growers assume for the |
22 | | raw materials they use in any cannabis-infused products they |
23 | | manufacture. |
24 | | (c) The Commission Department of Agriculture shall perform |
25 | | an assessment of whether infusers have access to an adequate |
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1 | | supply of reasonably affordable raw materials that shall start |
2 | | 6 months after the issuance of licenses to
infusers, or sooner |
3 | | if the Commission has reason to believe
that infusers do not |
4 | | have an adequate supply of raw materials.
After the initial |
5 | | annual assessment, each assessment
thereafter shall occur by |
6 | | January 1st of each year start no sooner than January 1, 2022 |
7 | | and shall conclude no later than April 1, 2022. The Department |
8 | | of Agriculture may rely on data from the Illinois Cannabis |
9 | | Regulation Oversight Officer as part of this assessment . |
10 | | (d) The Commission Department of Agriculture shall perform |
11 | | an assessment of whether infusers have access to an adequate |
12 | | supply of reasonably affordable raw materials that shall start |
13 | | no sooner than January 1, 2023 and shall conclude no later than |
14 | | April 1, 2023. The Department of Agriculture may rely on data |
15 | | from the Cannabis Regulation Oversight Officer as part of this |
16 | | assessment . |
17 | | (e) The Commission Department of Agriculture may by rule |
18 | | adopt measures to ensure infusers have access to an adequate |
19 | | supply of reasonably affordable raw materials necessary for |
20 | | the manufacture of cannabis-infused products. Such measures |
21 | | may include, but not be limited to (i) requiring cultivation |
22 | | centers and craft growers to set aside a minimum amount of raw |
23 | | materials for the wholesale market or (ii) enabling infusers |
24 | | to apply for a processor license to extract raw materials from |
25 | | cannabis flower. |
26 | | (f) If the Commission Department of Agriculture determines |
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1 | | processor licenses may be available to infuser organizations |
2 | | based upon findings made pursuant to subsection (e), infuser |
3 | | organizations may submit to the Commission Department of |
4 | | Agriculture on forms provided by the Commission Department of |
5 | | Agriculture the following information as part of an |
6 | | application to receive a processor license: |
7 | | (1) experience with the extraction, processing, or |
8 | | infusing of oils similar to those derived from cannabis, |
9 | | or other business practices to be performed by the |
10 | | infuser; |
11 | | (2) a description of the applicant's experience with |
12 | | manufacturing equipment and chemicals to be used in |
13 | | processing; |
14 | | (3) expertise in relevant scientific fields; |
15 | | (4) a commitment that any cannabis waste, liquid |
16 | | waste, or hazardous waste shall be disposed of in |
17 | | accordance with 8 Ill. Adm. Code 1000.460, except, to the |
18 | | greatest extent feasible, all cannabis plant waste will be |
19 | | rendered unusable by grinding and incorporating the |
20 | | cannabis plant waste with compostable mixed waste to be |
21 | | disposed of in accordance with Ill. Adm. Code |
22 | | 1000.460(g)(1); and |
23 | | (5) any other information the Commission Department of |
24 | | Agriculture deems relevant. |
25 | | (g) The Commission Department of Agriculture may only |
26 | | issue an infuser organization a processor license if, based on |
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1 | | the information pursuant to subsection (f) and any other |
2 | | criteria set by the Commission Department of Agriculture , |
3 | | which may include but not be limited an inspection of the site |
4 | | where processing would occur, the Commission Department of |
5 | | Agriculture is reasonably certain the infuser organization |
6 | | will process cannabis in a safe and compliant manner.
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7 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) |
8 | | (410 ILCS 705/35-45) |
9 | | Sec. 35-45. Disclosure of ownership and control. |
10 | | (a) Each infuser organization applicant and licensee shall |
11 | | file and maintain a Table of Organization, Ownership and |
12 | | Control with the Commission Department . The Table of |
13 | | Organization, Ownership and Control shall contain the |
14 | | information required by this Section in sufficient detail to |
15 | | identify all owners, directors, and principal officers, and |
16 | | the title of each principal officer or business entity that, |
17 | | through direct or indirect means, manages, owns, or controls |
18 | | the applicant or licensee. |
19 | | (b) The Table of Organization, Ownership, and Control |
20 | | shall identify the following information: |
21 | | (1) The management structure, ownership, and control
|
22 | | of the applicant or license holder including the name of |
23 | | each principal officer or business entity, the office or |
24 | | position held, and the percentage ownership interest, if |
25 | | any. If the business entity has a parent company, the name |
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1 | | of each owner, board member, and officer of the parent |
2 | | company and his or her percentage ownership interest in |
3 | | the parent company and the infuser organization. |
4 | | (2) If the applicant or licensee is a business entity
|
5 | | with publicly traded stock, the identification of |
6 | | ownership shall be provided as required in subsection (c). |
7 | | (c) If a business entity identified in subsection (b) is a |
8 | | publicly traded company, the following information shall be |
9 | | provided in the Table of Organization, Ownership, and Control: |
10 | | (1) The name and percentage of ownership interest of |
11 | | each individual or business entity with ownership of more |
12 | | than 5% of the voting shares of the entity, to the extent |
13 | | such information is known or contained in 13D or 13G |
14 | | Securities and Exchange Commission filings. |
15 | | (2) To the extent known, the names and percentage of
|
16 | | interest of ownership of persons who are relatives of one |
17 | | another and who together exercise control over or own more |
18 | | than 10% of the voting shares of the entity. |
19 | | (d) An infuser organization with a parent company or |
20 | | companies, or partially owned or controlled by another entity |
21 | | must disclose to the Commission Department the relationship |
22 | | and all owners, board members, officers, or individuals with |
23 | | control or management of those entities. An infuser |
24 | | organization shall not shield its ownership or control from |
25 | | the Commission Department . |
26 | | (e) All principal officers must submit a complete online |
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1 | | application with the Commission Department within 14 days of |
2 | | the infuser organization being licensed by the Commission |
3 | | Department or within 14 days of Commission Department notice |
4 | | of approval as a new principal officer. |
5 | | (f) A principal officer may not allow his or her |
6 | | registration to expire. |
7 | | (g) An infuser organization separating with a principal |
8 | | officer must do so under this Act. The principal officer must |
9 | | communicate the separation to the Commission Department within |
10 | | 5 business days. |
11 | | (h) A principal officer not in compliance with the |
12 | | requirements of this Act shall be removed from his or her |
13 | | position with the infuser organization or shall otherwise |
14 | | terminate his or her affiliation. Failure to do so may subject |
15 | | the infuser organization to discipline, suspension, or |
16 | | revocation of its license by the Commission Department . |
17 | | (i) It is the responsibility of the infuser organization |
18 | | and its principal officers to promptly notify the Commission |
19 | | Department of any change of the principal place of business |
20 | | address, hours of operation, change in ownership or control, |
21 | | or a change of the infuser organization's primary or secondary |
22 | | contact information. Any changes must be made to the |
23 | | Commission Department in writing.
|
24 | | (Source: P.A. 102-98, eff. 7-15-21.) |
25 | | (410 ILCS 705/40-1)
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1 | | Sec. 40-1. Definition. In this Article : , |
2 | | "Commission" means the Cannabis Equity and Oversight |
3 | | Commission. |
4 | | "Department" means the Department of Agriculture.
|
5 | | (Source: P.A. 101-27, eff. 6-25-19.) |
6 | | (410 ILCS 705/40-5)
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7 | | Sec. 40-5. Issuance of licenses. |
8 | | (a) The Commission Department shall issue transporting |
9 | | licenses through a process provided for in this Article no |
10 | | later than July 1, 2020. |
11 | | (b) The Commission Department shall make the
application |
12 | | for transporting organization licenses available
on January 7, |
13 | | 2020 and shall receive such applications no later than March |
14 | | 15, 2020. The Commission Department of Agriculture shall make |
15 | | available such applications on every January 7 thereafter or |
16 | | if that date falls on a weekend or
holiday, the business day |
17 | | immediately succeeding the weekend or
holiday and
shall |
18 | | receive such applications no later than
March 15 or the |
19 | | succeeding business day thereafter. |
20 | | (c) Notwithstanding any other provision of law, the |
21 | | Commission shall have authority over licenses in this Section |
22 | | that may be in various phases in the licensing process or are |
23 | | eligible, pending, in the conditional phase, awarded, pending |
24 | | adjudication by a judicial process, or have otherwise not been |
25 | | awarded on and after December 31, 2023.
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1 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) |
2 | | (410 ILCS 705/40-10)
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3 | | Sec. 40-10. Application. |
4 | | (a) When applying for a transporting organization license, |
5 | | the applicant shall submit the following in such form as the |
6 | | Commission Department of Agriculture may direct: |
7 | | (1) the nonrefundable application fee of $5,000 or, |
8 | | after January 1, 2021, another amount as set by rule by the |
9 | | Department of Agriculture, to be deposited into the |
10 | | Cannabis Regulation Fund; |
11 | | (2) the legal name of the transporting organization; |
12 | | (3) the proposed physical address of the transporting |
13 | | organization, if one is proposed; |
14 | | (4) the name, address, social security number, and |
15 | | date of birth of each principal officer and board member |
16 | | of the transporting organization; each principal officer |
17 | | and board member shall be at least 21 years of age; |
18 | | (5) the details of any administrative or judicial |
19 | | proceeding in which any of the principal officers or board |
20 | | members of the transporting organization (i) pled guilty, |
21 | | were convicted, fined, or had a registration or license |
22 | | suspended or revoked, or (ii) managed or served on the |
23 | | board of a business or non-profit organization that pled |
24 | | guilty, was convicted, fined, or had a registration or |
25 | | license suspended or revoked; |
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1 | | (6) proposed operating bylaws that include procedures |
2 | | for the oversight of the transporting organization, |
3 | | including the development and implementation of an |
4 | | accurate recordkeeping plan, staffing plan, and security |
5 | | plan approved by the Illinois State Police that are in |
6 | | accordance with the rules issued by the Commission |
7 | | Department of Agriculture under this Act; a physical |
8 | | inventory shall be performed of all cannabis on a weekly |
9 | | basis by the transporting organization; |
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 transporting |
13 | | organization have been conducted; |
14 | | (8) a copy of the current local zoning ordinance or |
15 | | permit and verification that the proposed transporting |
16 | | organization is in compliance with the local zoning rules |
17 | | and distance limitations established by the local |
18 | | jurisdiction, if the transporting organization has a |
19 | | business address; |
20 | | (9) proposed employment practices, in which the |
21 | | applicant must demonstrate a plan of action to inform, |
22 | | hire, and educate minorities, women, veterans, and persons |
23 | | with disabilities, engage in fair labor practices, and |
24 | | provide worker protections; |
25 | | (10) whether an applicant can demonstrate experience |
26 | | in or business practices that promote economic empowerment |
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1 | | in Disproportionately Impacted Areas; |
2 | | (11) the number and type of equipment the transporting |
3 | | organization will use to transport cannabis and |
4 | | cannabis-infused products; |
5 | | (12) loading, transporting, and unloading plans; |
6 | | (13) a description of the applicant's experience in |
7 | | the distribution or security business; |
8 | | (14) the identity of every person having a financial |
9 | | or voting interest of 5% or more in the transporting |
10 | | organization with respect to which the license is sought, |
11 | | whether a trust, corporation, partnership, limited |
12 | | liability company, or sole proprietorship, including the |
13 | | name and address of each person; and |
14 | | (15) any other information required by rule. |
15 | | (b) Applicants must submit all required information, |
16 | | including the information required in Section 40-35 to the |
17 | | Commission Department . Failure by an applicant to submit all |
18 | | required information may result in the application being |
19 | | disqualified. |
20 | | (c) If the Commission Department receives an application |
21 | | with missing information, the Commission Department of |
22 | | Agriculture may issue a deficiency notice to the applicant. |
23 | | The applicant shall have 10 calendar days from the date of the |
24 | | deficiency notice to resubmit the incomplete information. |
25 | | Applications that are still incomplete after this opportunity |
26 | | to cure will not be scored and will be disqualified.
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1 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; |
2 | | 102-538, eff. 8-20-21.) |
3 | | (410 ILCS 705/40-25)
|
4 | | Sec. 40-25. Transporting organization requirements; |
5 | | prohibitions. |
6 | | (a) The operating documents of a transporting organization |
7 | | shall include procedures for the oversight of the transporter, |
8 | | an inventory monitoring system including a physical inventory |
9 | | recorded weekly, accurate recordkeeping, and a staffing plan. |
10 | | (b) A transporting organization may not transport cannabis |
11 | | or cannabis-infused products to any person other than a |
12 | | cultivation center, a craft grower, an infuser organization, a |
13 | | dispensing organization, a testing facility, or as otherwise |
14 | | authorized by rule. |
15 | | (c) All cannabis transported by a transporting |
16 | | organization must be entered into a data collection system and |
17 | | placed into a cannabis container for transport. |
18 | | (d) Transporters are subject to random inspections by the |
19 | | Commission Department of Agriculture , the Department of Public |
20 | | Health, the Illinois State Police, or as provided by rule. |
21 | | (e) A transporting organization agent shall notify local |
22 | | law 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, in |
25 | | person, or by written or electronic communication. |
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1 | | (f) No person under the age of 21 years shall be in a |
2 | | commercial vehicle or trailer transporting cannabis goods. |
3 | | (g) No person or individual who is not a transporting |
4 | | organization agent shall be in a vehicle while transporting |
5 | | cannabis goods. |
6 | | (h) Transporters may not use commercial motor vehicles |
7 | | with a weight rating of over 10,001 pounds. |
8 | | (i) It is unlawful for any person to offer or deliver |
9 | | money, or anything else of value, directly or indirectly, to |
10 | | any of the following persons to obtain preferential placement |
11 | | within the dispensing organization, including, without |
12 | | limitation, on shelves and in display cases where purchasers |
13 | | can view products, or on the dispensing organization's |
14 | | website: |
15 | | (1) a person having a transporting organization |
16 | | license, or any officer, associate, member, |
17 | | representative, or agent of the licensee; |
18 | | (2) a person having an Early Applicant Adult Use |
19 | | Dispensing Organization License, an Adult Use Dispensing |
20 | | Organization License, or a medical cannabis dispensing |
21 | | organization license issued under the Compassionate Use of |
22 | | Medical Cannabis Program Act ; |
23 | | (3) a person connected with or in any way |
24 | | representing, or a member of the family of, a person |
25 | | holding an Early Applicant Adult Use Dispensing |
26 | | Organization License, an Adult Use Dispensing Organization |
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1 | | License, or a medical cannabis dispensing organization |
2 | | license issued under the Compassionate Use of Medical |
3 | | Cannabis Program Act ; or |
4 | | (4) a stockholder, officer, manager, agent, or |
5 | | representative of a corporation engaged in the retail sale |
6 | | of cannabis, an Early Applicant Adult Use Dispensing |
7 | | Organization License, an Adult Use Dispensing Organization |
8 | | License, or a medical cannabis dispensing organization |
9 | | license issued under the Compassionate Use of Medical |
10 | | Cannabis Program Act . |
11 | | (j) A transporting organization agent must keep his or her |
12 | | identification card visible at all times when on the property |
13 | | of a cannabis business establishment and during the |
14 | | transporting of cannabis when acting under his or her duties |
15 | | as a transportation organization agent. During these times, |
16 | | the transporting organization agent must also provide the |
17 | | identification card upon request of any law enforcement |
18 | | officer engaged in his or her official duties. |
19 | | (k) A copy of the transporting organization's registration |
20 | | and a manifest for the delivery shall be present in any vehicle |
21 | | transporting cannabis. |
22 | | (l) Cannabis shall be transported so it is not visible or |
23 | | recognizable from outside the vehicle. |
24 | | (m) A vehicle transporting cannabis must not bear any |
25 | | markings to indicate the vehicle contains
cannabis or bear the |
26 | | name or logo of the cannabis business establishment. |
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1 | | (n) Cannabis must be transported in an enclosed, locked |
2 | | storage compartment that is secured or affixed to the vehicle. |
3 | | (o) The Commission Department of Agriculture may, by rule, |
4 | | impose any other requirements or prohibitions on the |
5 | | transportation of cannabis.
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6 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; |
7 | | 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff. |
8 | | 5-13-22.) |
9 | | (410 ILCS 705/40-45) |
10 | | Sec. 40-45. Disclosure of ownership and control. |
11 | | (a) Each transporting organization applicant and licensee |
12 | | shall file and maintain a Table of Organization, Ownership, |
13 | | and Control with the Commission Department . The Table of |
14 | | Organization, Ownership, and Control shall contain the |
15 | | information required by this Section in sufficient detail to |
16 | | identify all owners, directors, and principal officers, and |
17 | | the title of each principal officer or business entity that, |
18 | | through direct or indirect means, manages, owns, or controls |
19 | | the applicant or licensee. |
20 | | (b) The Table of Organization, Ownership, and Control |
21 | | shall identify the following information: |
22 | | (1) The management structure, ownership, and control
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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 |
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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 transporting organization. |
5 | | (2) If the applicant or licensee is a business entity
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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) A transporting organization with a parent company or |
21 | | companies, or partially owned or controlled by another entity |
22 | | must disclose to the Commission Department the relationship |
23 | | and all owners, board members, officers, or individuals with |
24 | | control or management of those entities. A transporting |
25 | | organization shall not shield its ownership or control from |
26 | | the Commission Department . |
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1 | | (e) All principal officers must submit a complete online |
2 | | application with the Commission Department within 14 days of |
3 | | the transporting organization being licensed by the Commission |
4 | | Department or within 14 days of Commission Department notice |
5 | | of approval as a new principal officer. |
6 | | (f) A principal officer may not allow his or her |
7 | | registration to expire. |
8 | | (g) A transporting organization 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 transporting organization or shall otherwise |
15 | | terminate his or her affiliation. Failure to do so may subject |
16 | | the transporting organization to discipline, suspension, or |
17 | | revocation of its license by the Commission Department . |
18 | | (i) It is the responsibility of the transporting |
19 | | organization and its principal officers to promptly notify the |
20 | | Commission Department of any change of the principal place of |
21 | | business address, hours of operation, change in ownership or |
22 | | control, or a change of the transporting organization's |
23 | | primary or secondary contact information. Any changes must be |
24 | | made to the Commission Department in writing.
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25 | | (Source: P.A. 102-98, eff. 7-15-21.) |
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1 | | (410 ILCS 705/45-5)
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2 | | Sec. 45-5. License suspension; revocation; other |
3 | | penalties. |
4 | | (a) Notwithstanding any other criminal penalties related |
5 | | to the unlawful possession of cannabis, the Commission |
6 | | Department of Financial and Professional Regulation and the |
7 | | Department of Agriculture may revoke, suspend, place on |
8 | | probation, reprimand, issue cease and desist orders, refuse to |
9 | | issue or renew a license, or take any other disciplinary or |
10 | | nondisciplinary action as each department may deem proper with |
11 | | regard to a cannabis business establishment or cannabis |
12 | | business establishment agent, including fines not to exceed: |
13 | | (1) $50,000 for each violation of this Act or rules |
14 | | adopted under this Act by a cultivation center or |
15 | | cultivation center agent; |
16 | | (2) $20,000 for each violation of this Act or rules |
17 | | adopted under this Act by a dispensing organization or |
18 | | dispensing organization agent; |
19 | | (3) $15,000 for each violation of this Act or rules |
20 | | adopted under this Act by a craft grower or craft grower |
21 | | agent; |
22 | | (4) $10,000 for each violation of this Act or rules |
23 | | adopted under this Act by an infuser organization or |
24 | | infuser organization agent; and |
25 | | (5) $10,000 for each violation of this Act or rules |
26 | | adopted under this Act by a transporting organization or |
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1 | | transporting organization agent. |
2 | | (b) The Commission Department of Financial and |
3 | | Professional Regulation and the Department of Agriculture, as |
4 | | the case may be, shall consider licensee cooperation in any |
5 | | agency or other investigation in its determination of |
6 | | penalties imposed under this Section. |
7 | | (c) The procedures for disciplining a cannabis business |
8 | | establishment or cannabis business establishment agent and for |
9 | | administrative hearings shall be determined by rule, and shall |
10 | | provide for the review of final decisions under the |
11 | | Administrative Review Law. |
12 | | (d) The Attorney General may also enforce a violation of |
13 | | Section 55-20, Section 55-21, and Section 15-155 as an |
14 | | unlawful practice under the Consumer Fraud and Deceptive |
15 | | Business Practices Act.
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16 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) |
17 | | (410 ILCS 705/45-10)
|
18 | | Sec. 45-10. Immunities and presumptions related to the |
19 | | handling of cannabis by cannabis business establishments and |
20 | | their agents. |
21 | | (a) A cultivation center, craft grower, infuser |
22 | | organization, or transporting organization is not subject to: |
23 | | (i) prosecution; (ii) search or inspection, except by the |
24 | | Commission Department of Agriculture , the Department of Public |
25 | | Health, or State or local law enforcement under this Act; |
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1 | | (iii) seizure; (iv) penalty in any manner, including, but not |
2 | | limited to, civil penalty; (v) denial of any right or |
3 | | privilege; or (vi) disciplinary action by a business licensing |
4 | | board or entity for acting under this Act and rules adopted |
5 | | under this Act to acquire, possess, cultivate, manufacture, |
6 | | process, deliver, transfer, transport, supply, or sell |
7 | | cannabis or cannabis paraphernalia under this Act. |
8 | | (b) A licensed cultivation center agent, licensed craft |
9 | | grower agent, licensed infuser organization agent, or licensed |
10 | | transporting organization agent is not subject to: (i) |
11 | | prosecution; (ii) search; (iii) penalty in any manner, |
12 | | including, but not limited to, civil penalty; (iv) denial of |
13 | | any right or privilege; or (v) disciplinary action by a |
14 | | business licensing board or entity, for engaging in |
15 | | cannabis-related activities authorized under this Act and |
16 | | rules adopted under this Act. |
17 | | (c) A dispensing organization is not subject to: (i) |
18 | | prosecution; (ii) search or inspection, except by the |
19 | | Department of Financial and Professional Regulation, or State |
20 | | or local law enforcement under this Act; (iii) seizure; (iv) |
21 | | penalty in any manner, including, but not limited to, civil |
22 | | penalty; (v) denial of any right or privilege; or (vi) |
23 | | disciplinary action by a business licensing board or entity, |
24 | | for acting under this Act and rules adopted under this Act to |
25 | | acquire, possess, or dispense cannabis, cannabis-infused |
26 | | products, cannabis paraphernalia, or related supplies, and |
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1 | | educational materials under this Act. |
2 | | (d) A licensed dispensing organization agent is not |
3 | | subject to: (i) prosecution; (ii) search; or (iii) penalty in |
4 | | any manner, or denial of any right or privilege, including, |
5 | | but not limited to, civil penalty or disciplinary action by a |
6 | | business licensing board or entity, for working for a |
7 | | dispensing organization under this Act and rules adopted under |
8 | | this Act. |
9 | | (e) Any cannabis, cannabis-infused product, cannabis |
10 | | paraphernalia, legal property, or interest in legal property |
11 | | that is possessed, owned, or used in connection with the use of |
12 | | cannabis as allowed under this Act, or acts incidental to that |
13 | | use, may not be seized or forfeited. This Act does not prevent |
14 | | the seizure or forfeiture of cannabis exceeding the amounts |
15 | | allowed under this Act, nor does it prevent seizure or |
16 | | forfeiture if the basis for the action is unrelated to the |
17 | | cannabis that is possessed, manufactured, transferred, or used |
18 | | under this Act. |
19 | | (f) Nothing in this Act shall preclude local or State law |
20 | | enforcement agencies from searching a cultivation center, |
21 | | craft grower, infuser organization, transporting organization, |
22 | | or dispensing organization if there is probable cause to |
23 | | believe that the criminal laws of this State have been |
24 | | violated and the search is conducted in conformity with the |
25 | | Illinois Constitution, the Constitution of the United States, |
26 | | and applicable law. |
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1 | | (g) Nothing in this Act shall preclude the Attorney |
2 | | General or other authorized government agency from |
3 | | investigating or bringing a civil action against a cannabis |
4 | | business establishment, or an agent thereof, for a violation |
5 | | of State law, including, but not limited to, civil rights |
6 | | violations and violations of the Consumer Fraud and Deceptive |
7 | | Business Practices Act.
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8 | | (Source: P.A. 101-27, eff. 6-25-19.) |
9 | | (410 ILCS 705/45-20)
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10 | | Sec. 45-20. Violation of tax Acts; refusal, revocation, or |
11 | | suspension of license or agent identification card. |
12 | | (a) In addition to other grounds specified in this Act, |
13 | | the Commission Department of Agriculture and Department of |
14 | | Financial and Professional Regulation , upon notification by |
15 | | the Department of Revenue, shall refuse the issuance or |
16 | | renewal of a license or agent identification card, or suspend |
17 | | or revoke the license or agent identification card, of any |
18 | | person, for any of the following violations of any tax Act |
19 | | administered by the Department of Revenue: |
20 | | (1) Failure to file a tax return. |
21 | | (2) The filing of a fraudulent return. |
22 | | (3) Failure to pay all or part of any tax or penalty |
23 | | finally determined to be due. |
24 | | (4) Failure to keep books and records. |
25 | | (5) Failure to secure and display a certificate or |
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1 | | sub-certificate of registration, if required. |
2 | | (6) Willful violation of any rule or regulation of the |
3 | | Commission Department relating to the administration and |
4 | | enforcement of tax liability. |
5 | | (b) After all violations of any of items (1) through (6) of |
6 | | subsection (a) have been corrected or resolved, the Commission |
7 | | Department shall, upon request of the applicant or, if not |
8 | | requested, may notify the entities listed in subsection (a) |
9 | | that the violations have been corrected or resolved. Upon |
10 | | receiving notice from the Commission Department that a |
11 | | violation of any of items (1) through (6) of subsection (a) |
12 | | have been corrected or otherwise resolved to the Department of |
13 | | Revenue's satisfaction, the Commission Department of |
14 | | Agriculture and the Department of Financial and Professional |
15 | | Regulation may issue or renew the license or agent |
16 | | identification card, or vacate an order of suspension or |
17 | | revocation.
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18 | | (Source: P.A. 101-27, eff. 6-25-19.) |
19 | | (410 ILCS 705/50-5)
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20 | | Sec. 50-5. Laboratory testing. |
21 | | (a) Notwithstanding any other provision of law, the |
22 | | following acts, when performed by a cannabis testing facility |
23 | | with a current, valid registration, or a person 21 years of age |
24 | | or older who is acting in his or her capacity as an owner, |
25 | | employee, or agent of a cannabis testing facility, are not |
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1 | | unlawful and shall not be an offense under Illinois law or be a |
2 | | basis for seizure or forfeiture of assets under Illinois law: |
3 | | (1) possessing, repackaging, transporting, storing, or |
4 | | displaying cannabis or cannabis-infused products; |
5 | | (2) receiving or transporting cannabis or |
6 | | cannabis-infused products from a cannabis business |
7 | | establishment, a community college licensed under the |
8 | | Community College Cannabis Vocational Training Pilot |
9 | | Program, or a person 21 years of age or older; and |
10 | | (3) returning or transporting cannabis or |
11 | | cannabis-infused products to a cannabis business |
12 | | establishment, a community college licensed under the |
13 | | Community College Cannabis Vocational Training Pilot |
14 | | Program, or a person 21 years of age or older. |
15 | | (b)(1) No laboratory shall handle, test, or analyze |
16 | | cannabis unless approved by the Commission Department of |
17 | | Agriculture in accordance with this Section. |
18 | | (2) No laboratory shall be approved to handle, test, or |
19 | | analyze cannabis unless the laboratory: |
20 | | (A) is accredited by a private laboratory accrediting |
21 | | organization; |
22 | | (B) is independent from all other persons involved in |
23 | | the cannabis industry in Illinois and no person with a |
24 | | direct or indirect interest in the laboratory has a direct |
25 | | or indirect financial, management, or other interest in an |
26 | | Illinois cultivation center, craft grower, dispensary, |
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1 | | infuser, transporter, certifying physician, or any other |
2 | | entity in the State that may benefit from the production, |
3 | | manufacture, dispensing, sale, purchase, or use of |
4 | | cannabis; and |
5 | | (C) has employed at least one person to oversee and be |
6 | | responsible for the laboratory testing who has earned, |
7 | | from a college or university accredited by a national or |
8 | | regional certifying authority, at least: |
9 | | (i) a master's level degree in chemical or |
10 | | biological sciences and a minimum of 2 years' |
11 | | post-degree laboratory experience; or |
12 | | (ii) a bachelor's degree in chemical or biological |
13 | | sciences and a minimum of 4 years' post-degree |
14 | | laboratory experience. |
15 | | (3) Each independent testing laboratory that claims to be |
16 | | accredited must provide the Commission Department of |
17 | | Agriculture with a copy of the most recent annual inspection |
18 | | report granting accreditation and every annual report |
19 | | thereafter. |
20 | | (c) Immediately before manufacturing or natural processing |
21 | | of any cannabis or cannabis-infused product or packaging |
22 | | cannabis for sale to a dispensary, each batch shall be made |
23 | | available by the cultivation center, craft grower, or infuser |
24 | | for an employee of an approved laboratory to select a random |
25 | | sample, which shall be tested by the approved laboratory for: |
26 | | (1) microbiological contaminants; |
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1 | | (2) mycotoxins; |
2 | | (3) pesticide active ingredients; |
3 | | (4) residual solvent; and |
4 | | (5) an active ingredient analysis. |
5 | | (d) The Commission Department of Agriculture may select a |
6 | | random sample that shall, for the purposes of conducting an |
7 | | active ingredient analysis, be tested by the Commission |
8 | | Department of Agriculture for verification of label |
9 | | information. |
10 | | (e) A laboratory shall immediately return or dispose of |
11 | | any cannabis upon the completion of any testing, use, or |
12 | | research. If cannabis is disposed of, it shall be done in |
13 | | compliance with Commission Department of Agriculture rule. |
14 | | (f) If a sample of cannabis does not pass the |
15 | | microbiological, mycotoxin, pesticide chemical residue, or |
16 | | solvent residue test, based on the standards established by |
17 | | the Commission Department of Agriculture , the following shall |
18 | | apply: |
19 | | (1) If the sample failed the pesticide chemical |
20 | | residue test, the entire batch from which the sample was |
21 | | taken shall, if applicable, be recalled as provided by |
22 | | rule. |
23 | | (2) If the sample failed any other test, the batch may |
24 | | be used to make a CO 2 -based or solvent based extract. After |
25 | | processing, the CO 2 -based or solvent based extract must |
26 | | still pass all required tests. |
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1 | | (g) The Commission Department of Agriculture shall |
2 | | establish standards for microbial, mycotoxin, pesticide |
3 | | residue, solvent residue, or other standards for the presence |
4 | | of possible contaminants, in addition to labeling requirements |
5 | | for contents and potency. |
6 | | (h) The laboratory shall file with the Commission |
7 | | Department of Agriculture an electronic copy of each |
8 | | laboratory test result for any batch that does not pass the |
9 | | microbiological, mycotoxin, or pesticide chemical residue |
10 | | test, at the same time that it transmits those results to the |
11 | | cultivation center. In addition, the laboratory shall maintain |
12 | | the laboratory test results for at least 5 years and make them |
13 | | available at the Commission's Department of Agriculture's |
14 | | request. |
15 | | (i) A cultivation center, craft grower, and infuser shall |
16 | | provide to a dispensing organization the laboratory test |
17 | | results for each batch of cannabis product purchased by the |
18 | | dispensing organization, if sampled. Each dispensing |
19 | | organization must have those laboratory results available upon |
20 | | request to purchasers. |
21 | | (j) The Commission Department of Agriculture may adopt |
22 | | rules related to testing in furtherance of this Act.
|
23 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) |
24 | | (410 ILCS 705/55-5)
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25 | | Sec. 55-5. Preparation of cannabis-infused products. |
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1 | | (a) The Commission Department of Agriculture may regulate |
2 | | the production of cannabis-infused products by a cultivation |
3 | | center, a craft grower, an infuser organization, or a |
4 | | dispensing organization and establish rules related to |
5 | | refrigeration, hot-holding, and handling of cannabis-infused |
6 | | products. All cannabis-infused products shall meet the |
7 | | packaging and labeling requirements contained in Section |
8 | | 55-21. |
9 | | (b) Cannabis-infused products for sale or distribution at |
10 | | a dispensing organization must be prepared by an approved |
11 | | agent of a cultivation center or infuser organization. |
12 | | (c) A cultivation center or infuser organization that |
13 | | prepares cannabis-infused products for sale or distribution by |
14 | | a dispensing organization shall be under the operational |
15 | | supervision of a Department of Public Health certified food |
16 | | service sanitation manager. |
17 | | (d) Dispensing organizations may not manufacture, process, |
18 | | or produce cannabis-infused products. |
19 | | (e) The Department of Public Health shall adopt and |
20 | | enforce rules for the manufacture and processing of |
21 | | cannabis-infused products, and for that purpose it may at all |
22 | | times enter every building, room, basement, enclosure, or |
23 | | premises occupied or used, or suspected of being occupied or |
24 | | used, for the production, preparation, manufacture for sale, |
25 | | storage, sale, processing, distribution, or transportation of |
26 | | cannabis-infused products, and to inspect the premises |
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1 | | together with all utensils, fixtures, furniture, and machinery |
2 | | used for the preparation of these products. |
3 | | (f) The Commission Department of Agriculture shall by rule |
4 | | establish a maximum level of THC that may be contained in each |
5 | | serving of cannabis-infused product, and within the product |
6 | | package. |
7 | | (g) If a local public health agency has a reasonable |
8 | | belief that a cannabis-infused product poses a public health |
9 | | hazard, it may refer the cultivation center, craft grower, or |
10 | | infuser that manufactured or processed the cannabis-infused |
11 | | product to the Department of Public Health , the Commission, |
12 | | and the Office of the Attorney General . If the Department of |
13 | | Public Health , the Commission, or the Office of the Attorney |
14 | | General finds that a cannabis-infused product poses a health |
15 | | hazard, it may bring an action for immediate injunctive relief |
16 | | to require that action be taken as the court may deem necessary |
17 | | to meet the hazard of the cultivation facility or seek other |
18 | | relief as provided by rule.
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19 | | (Source: P.A. 101-27, eff. 6-25-19.) |
20 | | (410 ILCS 705/55-10)
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21 | | Sec. 55-10. Maintenance of inventory. All dispensing |
22 | | organizations authorized to serve both registered qualifying |
23 | | patients and caregivers and purchasers are required to report |
24 | | which cannabis and cannabis-infused products are purchased for |
25 | | sale under the Compassionate Use of Medical Cannabis Program |
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1 | | Act , and which cannabis and cannabis-infused products are |
2 | | purchased under Article 20 this Act . Nothing in this Section |
3 | | prohibits a registered qualifying patient under the |
4 | | Compassionate Use of Medical Cannabis Program Act from |
5 | | purchasing cannabis as a purchaser under Article 20 this Act .
|
6 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) |
7 | | (410 ILCS 705/55-15)
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8 | | Sec. 55-15. Destruction of cannabis. |
9 | | (a) All cannabis byproduct, scrap, and harvested cannabis |
10 | | not intended for distribution to a dispensing organization |
11 | | must be destroyed and disposed of under rules adopted by the |
12 | | Commission Department of Agriculture under this Act. |
13 | | Documentation of destruction and disposal shall be retained at |
14 | | the cultivation center, craft grower, infuser organization, |
15 | | transporter, or testing facility as applicable for a period of |
16 | | not less than 5 years. |
17 | | (b) A dispensing organization, cultivation center, craft |
18 | | grower, or infuser organization shall, before destruction, |
19 | | notify the Commission Department of Agriculture and the |
20 | | Illinois State Police. A dispensing organization shall, before |
21 | | destruction, notify the Department of Financial and |
22 | | Professional Regulation and the Illinois State Police. The |
23 | | Commission Department of Agriculture may by rule require that |
24 | | an employee of the Commission Department of Agriculture or the |
25 | | Department of Financial and Professional Regulation be present |
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1 | | during the destruction of any cannabis byproduct, scrap, and |
2 | | harvested cannabis, as applicable. |
3 | | (c) The cultivation center, craft grower, infuser |
4 | | organization, or dispensing organization shall keep a record |
5 | | of the date of destruction and how much was destroyed. |
6 | | (d) A dispensing organization shall destroy all cannabis, |
7 | | including cannabis-infused products, not sold to purchasers. |
8 | | Documentation of destruction and disposal shall be retained at |
9 | | the dispensing organization for a period of not less than 5 |
10 | | years.
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11 | | (Source: P.A. 101-27, eff. 6-25-19; 102-538, eff. 8-20-21.) |
12 | | (410 ILCS 705/55-21)
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13 | | Sec. 55-21. Cannabis product packaging and labeling. |
14 | | (a) Each cannabis product produced for sale shall be |
15 | | registered with the Commission Department of Agriculture on |
16 | | forms provided by the Commission Department of Agriculture . |
17 | | Each product registration shall include a label and the |
18 | | required registration fee at the rate established by the |
19 | | Commission Department of Agriculture for a comparable medical |
20 | | cannabis product, or as established by rule. The registration |
21 | | fee is for the name of the product offered for sale and one fee |
22 | | shall be sufficient for all package sizes. |
23 | | (b) All harvested cannabis intended for distribution to a |
24 | | cannabis enterprise must be packaged in a sealed, labeled |
25 | | container. |
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1 | | (c) Any product containing cannabis shall be sold in a |
2 | | sealed, odor-proof, and child-resistant cannabis container |
3 | | consistent with current standards, including the Consumer |
4 | | Product Safety Commission standards referenced by the Poison |
5 | | Prevention Act unless the sale is between or among a craft |
6 | | grower, infuser, or cultivation center. |
7 | | (d) All cannabis-infused products shall be individually |
8 | | wrapped or packaged at the original point of preparation. The |
9 | | packaging of the cannabis-infused product shall conform to the |
10 | | labeling requirements of the Illinois Food, Drug and Cosmetic |
11 | | Act, in addition to the other requirements set forth in this |
12 | | Section. |
13 | | (e) Each cannabis product shall be labeled before sale and |
14 | | each label shall be securely affixed to the package and shall |
15 | | state in legible English and any languages required by the |
16 | | Commission Department of Agriculture : |
17 | | (1) the name and post office box of the registered |
18 | | cultivation center or craft grower where the item was |
19 | | manufactured; |
20 | | (2) the common or usual name of the item and the |
21 | | registered name of the cannabis product that was |
22 | | registered with the Commission Department of Agriculture |
23 | | under subsection (a); |
24 | | (3) a unique serial number that will match the product |
25 | | with a cultivation center or craft grower batch and lot |
26 | | number to facilitate any warnings or recalls the |
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1 | | Commission Department of Agriculture , cultivation center, |
2 | | or craft grower deems appropriate; |
3 | | (4) the date of final testing and packaging, if |
4 | | sampled, and the identification of the independent testing |
5 | | laboratory; |
6 | | (5) the date of harvest and "use by" date; |
7 | | (6) the quantity (in ounces or grams) of cannabis |
8 | | contained in the product; |
9 | | (7) a pass/fail rating based on the laboratory's |
10 | | microbiological, mycotoxins, and pesticide and solvent |
11 | | residue analyses, if sampled; |
12 | | (8) content list. |
13 | | (A) A list of the following, including the minimum |
14 | | and maximum percentage content by weight for |
15 | | subdivisions (e)(8)(A)(i) through (iv): |
16 | | (i) delta-9-tetrahydrocannabinol (THC); |
17 | | (ii) tetrahydrocannabinolic acid (THCA); |
18 | | (iii) cannabidiol (CBD); |
19 | | (iv) cannabidiolic acid (CBDA); and |
20 | | (v) all other ingredients of the item, |
21 | | including any colors, artificial flavors, and |
22 | | preservatives, listed in descending order by |
23 | | predominance of weight shown with common or usual |
24 | | names. |
25 | | (B) The acceptable tolerances for the minimum |
26 | | percentage printed on the label for any of |
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1 | | subdivisions (e)(8)(A)(i) through (iv) shall not be |
2 | | below 85% or above 115% of the labeled amount. |
3 | | (f) Packaging must not contain information that: |
4 | | (1) is false or misleading; |
5 | | (2) promotes excessive consumption; |
6 | | (3) depicts a person under 21 years of age consuming |
7 | | cannabis; |
8 | | (4) includes the image of a cannabis leaf; |
9 | | (5) includes any image designed or likely to appeal to |
10 | | minors, including cartoons, toys, animals, or children, or |
11 | | any other likeness to images, characters, or phrases that |
12 | | are popularly used to advertise to children, or any |
13 | | packaging or labeling that bears reasonable resemblance to |
14 | | any product available for consumption as a commercially |
15 | | available candy, or that promotes consumption of cannabis; |
16 | | (6) contains any seal, flag, crest, coat of arms, or |
17 | | other insignia likely to mislead the purchaser to believe |
18 | | that the product has been endorsed, made, or used by the |
19 | | State of Illinois or any of its representatives except |
20 | | where authorized by this Act. |
21 | | (g) Cannabis products produced by concentrating or |
22 | | extracting ingredients from the cannabis plant shall contain |
23 | | the following information, where applicable: |
24 | | (1) If solvents were used to create the concentrate or |
25 | | extract, a statement that discloses the type of extraction |
26 | | method, including any solvents or gases used to create the |
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1 | | concentrate or extract; and |
2 | | (2) Any other chemicals or compounds used to produce |
3 | | or were added to the concentrate or extract. |
4 | | (h) All cannabis products must contain warning statements |
5 | | established for purchasers, of a size that is legible and |
6 | | readily visible to a consumer inspecting a package, which may |
7 | | not be covered or obscured in any way. The Department of Public |
8 | | Health shall define and update appropriate health warnings for |
9 | | packages including specific labeling or warning requirements |
10 | | for specific cannabis products. |
11 | | (i) Unless modified by rule to strengthen or respond to |
12 | | new evidence and science, the following warnings shall apply |
13 | | to all cannabis products unless modified by rule: "This |
14 | | product contains cannabis and is intended for use by adults 21 |
15 | | and over. Its use can impair cognition and may be habit |
16 | | forming. This product should not be used by pregnant or |
17 | | breastfeeding women. It is unlawful to sell or provide this |
18 | | item to any individual, and it may not be transported outside |
19 | | the State of Illinois. It is illegal to operate a motor vehicle |
20 | | while under the influence of cannabis. Possession or use of |
21 | | this product may carry significant legal penalties in some |
22 | | jurisdictions and under federal law.". |
23 | | (j) Warnings for each of the following product types must |
24 | | be present on labels when offered for sale to a purchaser: |
25 | | (1) Cannabis that may be smoked must contain a |
26 | | statement that "Smoking is hazardous to your health.". |
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1 | | (2) Cannabis-infused products (other than those |
2 | | intended for topical application) must contain a statement |
3 | | "CAUTION: This product contains cannabis, and intoxication |
4 | | following use may be delayed 2 or more hours. This product |
5 | | was produced in a facility that cultivates cannabis, and |
6 | | that may also process common food allergens.". |
7 | | (3) Cannabis-infused products intended for topical |
8 | | application must contain a statement "DO NOT EAT" in bold, |
9 | | capital letters. |
10 | | (k) Each cannabis-infused product intended for consumption |
11 | | must be individually packaged, must include the total |
12 | | milligram content of THC and CBD, and may not include more than |
13 | | a total of 100 milligrams of THC per package. A package may |
14 | | contain multiple servings of 10 milligrams of THC, indicated |
15 | | by scoring, wrapping, or by other indicators designating |
16 | | individual serving sizes. The Commission Department of |
17 | | Agriculture may change the total amount of THC allowed for |
18 | | each package, or the total amount of THC allowed for each |
19 | | serving size, by rule. |
20 | | (l) No individual other than the purchaser may alter or |
21 | | destroy any labeling affixed to the primary packaging of |
22 | | cannabis or cannabis-infused products. |
23 | | (m) For each commercial weighing and measuring device used |
24 | | at a facility, the cultivation center or craft grower must: |
25 | | (1) Ensure that the commercial device is licensed |
26 | | under the Weights and Measures Act and the associated |
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1 | | administrative rules (8 Ill. Adm. Code 600); |
2 | | (2) Maintain documentation of the licensure of the |
3 | | commercial device; and |
4 | | (3) Provide a copy of the license of the commercial |
5 | | device to the Commission Department of Agriculture for |
6 | | review upon request. |
7 | | (n) It is the responsibility of the Commission Department |
8 | | to ensure that packaging and labeling requirements, including |
9 | | product warnings, are enforced at all times for products |
10 | | provided to purchasers. Product registration requirements and |
11 | | container requirements may be modified by rule by the |
12 | | Commission Department of Agriculture . |
13 | | (o) Labeling, including warning labels, may be modified by |
14 | | rule by the Commission Department of Agriculture .
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15 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; |
16 | | 102-98, eff. 7-15-21.) |
17 | | (410 ILCS 705/55-30)
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18 | | Sec. 55-30. Confidentiality. |
19 | | (a) Information provided by the cannabis business |
20 | | establishment licensees or applicants to the Commission |
21 | | Department of Agriculture , the Department of Public Health, |
22 | | the Department of Financial and Professional Regulation, the |
23 | | Department of Commerce and Economic Opportunity, or other |
24 | | agency shall be limited to information necessary for the |
25 | | purposes of administering this Act. The information is subject |
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1 | | to the provisions and limitations contained in the Freedom of |
2 | | Information Act and may be disclosed in accordance with |
3 | | Section 55-65. |
4 | | (b) The following information received and records kept by |
5 | | the Commission Department of Agriculture , the Department of |
6 | | Public Health, and the Illinois State Police , and the |
7 | | Department of Financial and Professional Regulation for |
8 | | purposes of administering this Article are subject to all |
9 | | applicable federal privacy laws, are confidential and exempt |
10 | | from disclosure under the Freedom of Information Act, except |
11 | | as provided in this Act, and not subject to disclosure to any |
12 | | individual or public or private entity, except to the |
13 | | Commission Department of Financial and Professional |
14 | | Regulation, the Department of Agriculture , the Department of |
15 | | Public Health, and the Illinois State Police as necessary to |
16 | | perform official duties under this Article and to the Attorney |
17 | | General as necessary to enforce the provisions of this Act. |
18 | | The following information received and kept by the Commission |
19 | | Department of Financial and Professional Regulation or the |
20 | | Department of Agriculture may be disclosed to the Department |
21 | | of Public Health, the Department of Agriculture, the |
22 | | Department of Revenue, the Illinois State Police, or the |
23 | | Attorney General upon proper request: |
24 | | (1) Applications and renewals, their contents, and |
25 | | supporting information submitted by or on behalf of |
26 | | dispensing organizations, cannabis business |
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1 | | establishments, or Community College Cannabis Vocational |
2 | | Program licensees, in compliance with this Article, |
3 | | including their physical addresses; however, this does not |
4 | | preclude the release of ownership information about |
5 | | cannabis business establishment licenses, or information |
6 | | submitted with an application required to be disclosed |
7 | | pursuant to subsection (f); |
8 | | (2) Any plans, procedures, policies, or other records |
9 | | relating to cannabis business establishment security; and |
10 | | (3) Information otherwise exempt from disclosure by |
11 | | State or federal law. |
12 | | Illinois or national criminal history record information, |
13 | | or the nonexistence or lack of such information, may not be |
14 | | disclosed by the Commission Department of Financial and |
15 | | Professional Regulation or the Department of Agriculture , |
16 | | except as necessary to the Attorney General to enforce this |
17 | | Act. |
18 | | (c) The name and address of a dispensing organization |
19 | | licensed under this Act shall be subject to disclosure under |
20 | | the Freedom of Information Act. The name and cannabis business |
21 | | establishment address of the person or entity holding each |
22 | | cannabis business establishment license shall be subject to |
23 | | disclosure. |
24 | | (d) All information collected by the Commission Department |
25 | | of Financial and Professional Regulation or the Department of |
26 | | Agriculture in the course of an examination, inspection, or |
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1 | | investigation of a licensee or applicant, including, but not |
2 | | limited to, any complaint against a licensee or applicant |
3 | | filed with the Commission Department of Financial and |
4 | | Professional Regulation or the Department of Agriculture and |
5 | | information collected to investigate any such complaint, shall |
6 | | be maintained for the confidential use of the Commission |
7 | | Department of Financial and Professional Regulation or the |
8 | | Department of Agriculture and shall not be disclosed, except |
9 | | as otherwise provided in this Act. A formal complaint against |
10 | | a licensee by the Commission Department of Financial and |
11 | | Professional Regulation or the Department of Agriculture or |
12 | | any disciplinary order issued by the Commission Department of |
13 | | Financial and Professional Regulation or the Department of |
14 | | Agriculture against a licensee or applicant shall be a public |
15 | | record, except as otherwise provided by law. Complaints from |
16 | | consumers or members of the general public received regarding |
17 | | a specific, named licensee or complaints regarding conduct by |
18 | | unlicensed entities shall be subject to disclosure under the |
19 | | Freedom of Information Act. |
20 | | (e) The Commission and Department of Agriculture, the |
21 | | Illinois State Police , and the Department of Financial and |
22 | | Professional Regulation shall not share or disclose any |
23 | | Illinois or national criminal history record information, or |
24 | | the nonexistence or lack of such information, to any person or |
25 | | entity not expressly authorized by this Act. |
26 | | (f) The Commission Each Department responsible for |
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1 | | licensure under this Act shall publish on the Commission's |
2 | | Department's website a list of the ownership information of |
3 | | cannabis business establishment licensees under the |
4 | | Commission's Department's jurisdiction. The list shall |
5 | | include, but is not limited to: the name of the person or |
6 | | entity holding each cannabis business establishment license; |
7 | | and the address at which the entity is operating under this |
8 | | Act. This list shall be published and updated monthly.
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9 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; |
10 | | 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff. |
11 | | 5-13-22.) |
12 | | (410 ILCS 705/55-35)
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13 | | Sec. 55-35. Administrative rulemaking. |
14 | | (a) No later than 180 days after the effective date of this |
15 | | Act, the Department of Agriculture The Commission , the |
16 | | Illinois State Police, the Department of Financial and |
17 | | Professional Regulation, the Department of Revenue, the |
18 | | Department of Commerce and Economic Opportunity, and the |
19 | | Treasurer's Office shall adopt permanent rules in accordance |
20 | | with their responsibilities under this Act. The Commission |
21 | | Department of Agriculture , the Illinois State Police, the |
22 | | Department of Financial and Professional Regulation , the |
23 | | Department of Revenue, and the Department of Commerce and |
24 | | Economic Opportunity may adopt rules necessary to regulate |
25 | | personal cannabis use through the use of emergency rulemaking |
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1 | | in accordance with subsection (gg) of Section 5-45 of the |
2 | | Illinois Administrative Procedure Act. The General Assembly |
3 | | finds that the adoption of rules to regulate cannabis use is |
4 | | deemed an emergency and necessary for the public interest, |
5 | | safety, and welfare. |
6 | | (b) The Commission Department of Agriculture rules may |
7 | | address, but are not limited to, the following matters related |
8 | | to dispensing organizations, cultivation centers, craft |
9 | | growers, infuser organizations, and transporting organizations |
10 | | with the goal of protecting against diversion and theft, |
11 | | without imposing an undue burden on the dispensing |
12 | | organizations, cultivation centers, craft growers, infuser |
13 | | organizations, or transporting organizations: |
14 | | (1) oversight requirements for dispensing |
15 | | organizations, cultivation centers, craft growers, infuser |
16 | | organizations, and transporting organizations; |
17 | | (2) recordkeeping requirements for dispensing |
18 | | organizations, cultivation centers, craft growers, infuser |
19 | | organizations, and transporting organizations; |
20 | | (3) security requirements for dispensing |
21 | | organizations, cultivation centers, craft growers, infuser |
22 | | organizations, and transporting organizations, which shall |
23 | | include that each dispensing organization, cultivation |
24 | | center, craft grower, infuser organization, and |
25 | | transporting organization location must be protected by a |
26 | | fully operational security alarm system; |
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1 | | (4) standards for enclosed, locked facilities under |
2 | | this Act; |
3 | | (5) procedures for suspending or revoking the |
4 | | identification cards of agents of dispensing |
5 | | organizations, cultivation centers, craft growers, infuser |
6 | | organizations, and transporting organizations that commit |
7 | | violations of this Act or the rules adopted under this |
8 | | Section; |
9 | | (6) (blank) rules concerning the intrastate |
10 | | transportation of cannabis from a cultivation center, |
11 | | craft grower, infuser organization, and transporting |
12 | | organization to a dispensing organization ; |
13 | | (7) standards concerning the dispensing, testing, |
14 | | quality, cultivation, and processing of cannabis; and |
15 | | (8) any other matters under oversight by the |
16 | | Commission Department of Agriculture as are necessary for |
17 | | the fair, impartial, stringent, and comprehensive |
18 | | administration of this Act. |
19 | | Commission rules addressing matters related to dispensing |
20 | | organizations shall be adopted with the goal of protecting |
21 | | against diversion and theft, without imposing an undue burden |
22 | | on the dispensing organizations. |
23 | | (c) (Blank). The Department of Financial and Professional |
24 | | Regulation rules may address, but are not limited to, the |
25 | | following matters related to dispensing organizations, with |
26 | | the goal of protecting against diversion and theft, without |
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1 | | imposing an undue burden on the dispensing organizations: |
2 | | (1) oversight requirements for dispensing |
3 | | organizations; |
4 | | (2) recordkeeping requirements for dispensing |
5 | | organizations; |
6 | | (3) security requirements for dispensing |
7 | | organizations, which shall include that each dispensing |
8 | | organization location must be protected by a fully |
9 | | operational security alarm system; |
10 | | (4) procedures for suspending or revoking the licenses |
11 | | of dispensing organization agents that commit violations |
12 | | of this Act or the rules adopted under this Act; |
13 | | (5) any other matters under oversight by the |
14 | | Department of Financial and Professional Regulation that |
15 | | are necessary for the fair, impartial, stringent, and |
16 | | comprehensive administration of this Act. |
17 | | (d) The Department of Revenue rules may address, but are |
18 | | not limited to, the following matters related to the payment |
19 | | of taxes by cannabis business establishments: |
20 | | (1) recording of sales; |
21 | | (2) documentation of taxable income and expenses; |
22 | | (3) transfer of funds for the payment of taxes; or |
23 | | (4) any other matter under the oversight of the |
24 | | Department of Revenue. |
25 | | (e) The Department of Commerce and Economic Opportunity |
26 | | rules may address, but are not limited to, a loan program or |
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1 | | grant program to assist Social Equity Applicants access the |
2 | | capital needed to start a cannabis business establishment. The |
3 | | names of recipients and the amounts of any moneys received |
4 | | through a loan program or grant program shall be a public |
5 | | record. |
6 | | (f) The Illinois State Police rules may address |
7 | | enforcement of its authority under this Act. The Illinois |
8 | | State Police shall not make rules that infringe on the |
9 | | exclusive authority of the Commission Department of Financial |
10 | | and Professional Regulation or the Department of Agriculture |
11 | | over licensees under this Act. |
12 | | (g) The Department of Human Services shall develop and |
13 | | disseminate: |
14 | | (1) educational information about the health risks |
15 | | associated with the use of cannabis; and |
16 | | (2) one or more public education campaigns in |
17 | | coordination with local health departments and community |
18 | | organizations, including one or more prevention campaigns |
19 | | directed at children, adolescents, parents, and pregnant |
20 | | or breastfeeding women, to inform them of the potential |
21 | | health risks associated with intentional or unintentional |
22 | | cannabis use.
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23 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; |
24 | | 102-538, eff. 8-20-21.) |
25 | | (410 ILCS 705/55-40)
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1 | | Sec. 55-40. Enforcement. |
2 | | (a) If the Commission Department of Agriculture , Illinois |
3 | | State Police, Department of Financial and Professional |
4 | | Regulation, Department of Commerce and Economic Opportunity, |
5 | | or Department of Revenue fails to adopt rules to implement |
6 | | this Act within the times provided in this Act, any citizen may |
7 | | commence a mandamus action in the circuit court to compel the |
8 | | agencies to perform the actions mandated under Section 55-35. |
9 | | (b) If the Commission Department of Agriculture or the |
10 | | Department of Financial and Professional Regulation fails to |
11 | | issue a valid agent identification card in response to a valid |
12 | | initial application or renewal application submitted under |
13 | | this Act or fails to issue a verbal or written notice of denial |
14 | | of the application within 30 days of its submission, the agent |
15 | | identification card is deemed granted and a copy of the agent |
16 | | identification initial application or renewal application |
17 | | shall be deemed a valid agent identification card. |
18 | | (c) Authorized employees of State or local law enforcement |
19 | | agencies shall immediately notify the Commission Department of |
20 | | Agriculture and the Department of Financial and Professional |
21 | | Regulation when any person in possession of an agent |
22 | | identification card has been convicted of or pled guilty to |
23 | | violating this Act.
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24 | | (Source: P.A. 101-27, eff. 6-25-19; 102-538, eff. 8-20-21.) |
25 | | (410 ILCS 705/55-45)
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1 | | Sec. 55-45. Administrative hearings. |
2 | | (a) Administrative hearings related to the duties and |
3 | | responsibilities assigned to the Department of Public Health |
4 | | shall be conducted under the Department of Public Health's |
5 | | rules governing administrative hearings. |
6 | | (b) (Blank). Administrative hearings related to the duties |
7 | | and responsibilities assigned to the Department of Financial |
8 | | and Professional Regulation and dispensing organization agents |
9 | | shall be conducted under the Department of Financial and |
10 | | Professional Regulation's rules governing administrative |
11 | | hearings. |
12 | | (c) (Blank). Administrative hearings related to the duties |
13 | | and responsibilities assigned to the Department of |
14 | | Agriculture, cultivation centers, or cultivation center agents |
15 | | shall be conducted under the Department of Agriculture's rules |
16 | | governing administrative hearings.
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17 | | (d) Administrative hearings related to the duties and |
18 | | responsibilities assigned to the Commission, dispensing |
19 | | organizations, cultivation centers, or their agents shall be |
20 | | conducted under the Commission's rules governing |
21 | | administrative hearings. |
22 | | (Source: P.A. 101-27, eff. 6-25-19.) |
23 | | (410 ILCS 705/55-50)
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24 | | Sec. 55-50. Petition for rehearing. Within 20 days after |
25 | | the service of any order or decision of the Department of |
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1 | | Public Health, the Commission Department of Agriculture, the |
2 | | Department of Financial and Professional Regulation , or the |
3 | | Illinois State Police upon any party to the proceeding, the |
4 | | party may apply for a rehearing in respect to any matters |
5 | | determined by them under this Act, except for decisions made |
6 | | under the Cannabis Cultivation Privilege Tax Law, the Cannabis |
7 | | Purchaser Excise Tax Law, the County Cannabis Retailers' |
8 | | Occupation Tax Law, and the Municipal Cannabis Retailers' |
9 | | Occupation Tax Law, which shall be governed by the provisions |
10 | | of those Laws. If a rehearing is granted, an agency shall hold |
11 | | the rehearing and render a decision within 30 days from the |
12 | | filing of the application for rehearing with the agency. The |
13 | | time for holding such rehearing and rendering a decision may |
14 | | be extended for a period not to exceed 30 days, for good cause |
15 | | shown, and by notice in writing to all parties of interest. If |
16 | | an agency fails to act on the application for rehearing within |
17 | | 30 days, or the date the time for rendering a decision was |
18 | | extended for good cause shown, the order or decision of the |
19 | | agency is final. No action for the judicial review of any order |
20 | | or decision of an agency shall be allowed unless the party |
21 | | commencing such action has first filed an application for a |
22 | | rehearing and the agency has acted or failed to act upon the |
23 | | application. Only one rehearing may be granted by an agency on |
24 | | application of any one party.
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25 | | (Source: P.A. 101-27, eff. 6-25-19; 102-538, eff. 8-20-21.) |
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1 | | (410 ILCS 705/55-55)
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2 | | Sec. 55-55. Review of administrative decisions. All final |
3 | | administrative decisions of the Department of Public Health, |
4 | | the Commission Department of Agriculture, the Department of |
5 | | Financial and Professional Regulation , and the Illinois State |
6 | | Police are subject to judicial review under the Administrative |
7 | | Review Law and the rules adopted under that Law. The term |
8 | | "administrative decision" is defined as in Section 3-101 of |
9 | | the Code of Civil Procedure.
|
10 | | (Source: P.A. 101-27, eff. 6-25-19; 102-538, eff. 8-20-21.) |
11 | | (410 ILCS 705/55-60)
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12 | | Sec. 55-60. Suspension or revocation of a license. |
13 | | (a) The Commission Department of Financial and |
14 | | Professional Regulation or the Department of Agriculture may |
15 | | suspend or revoke a license for a violation of this Act or a |
16 | | rule adopted in accordance with this Act by the Department of |
17 | | Agriculture and the Department of Financial and Professional |
18 | | Regulation . |
19 | | (b) The Commission Department of Agriculture and the |
20 | | Department of Financial and Professional Regulation may |
21 | | suspend or revoke an agent identification card for a violation |
22 | | of this Act or a rule adopted in accordance with this Act.
|
23 | | (c) Except as otherwise provided in this Act, the |
24 | | Commission may revoke a license issued to a person under this |
25 | | Act if the licensed cannabis business establishment fails to |
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1 | | be operational within 2 years after the date the license was |
2 | | issued. |
3 | | (Source: P.A. 101-27, eff. 6-25-19.) |
4 | | (410 ILCS 705/55-65)
|
5 | | Sec. 55-65. Financial institutions. |
6 | | (a) A financial institution that provides financial |
7 | | services customarily provided by financial institutions to a |
8 | | cannabis business establishment authorized under this Act or |
9 | | the Compassionate Use of Medical Cannabis Program Act , or to a |
10 | | person that is affiliated with such cannabis business |
11 | | establishment, is exempt from any criminal law of this State |
12 | | as it relates to cannabis-related conduct authorized under |
13 | | State law. |
14 | | (b) Upon request of a financial institution, a cannabis |
15 | | business establishment or proposed cannabis business |
16 | | establishment may provide to the financial institution the |
17 | | following information: |
18 | | (1) Whether a cannabis business establishment with |
19 | | which the financial institution is doing or is considering |
20 | | doing business holds a license under this Act or the |
21 | | Compassionate Use of Medical Cannabis Program Act ; |
22 | | (2) The name of any other business or individual |
23 | | affiliate with the cannabis business establishment; |
24 | | (3) A copy of the application, and any supporting |
25 | | documentation submitted with the application, for a |
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1 | | license or a permit submitted on behalf of the proposed |
2 | | cannabis business establishment; |
3 | | (4) If applicable, data relating to sales and the |
4 | | volume of product sold by the cannabis business |
5 | | establishment; |
6 | | (5) Any past or pending violation by the person of |
7 | | this Act , the Compassionate Use of Medical Cannabis |
8 | | Program Act, or the rules adopted under this Act these |
9 | | Acts where applicable; and |
10 | | (6) Any penalty imposed upon the person for violating |
11 | | this Act , the Compassionate Use of Medical Cannabis |
12 | | Program Act, or the rules adopted under this Act these |
13 | | Acts . |
14 | | (c) (Blank). |
15 | | (d) (Blank). |
16 | | (e) Information received by a financial institution under |
17 | | this Section is confidential. Except as otherwise required or |
18 | | permitted by this Act, State law or rule, or federal law or |
19 | | regulation, a financial institution may not make the |
20 | | information available to any person other than: |
21 | | (1) the customer to whom the information applies; |
22 | | (2) a trustee, conservator, guardian, personal |
23 | | representative, or agent of the customer to whom the |
24 | | information applies; a federal or State regulator when |
25 | | requested in connection with an examination of the |
26 | | financial institution or if otherwise necessary for |
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1 | | complying with federal or State law; |
2 | | (3) a federal or State regulator when requested in |
3 | | connection with an examination of the financial |
4 | | institution or if otherwise necessary for complying with |
5 | | federal or State law; and |
6 | | (4) a third party performing services for the |
7 | | financial institution, provided the third party is |
8 | | performing such services under a written agreement that |
9 | | expressly or by operation of law prohibits the third |
10 | | party's sharing and use of such confidential information |
11 | | for any purpose other than as provided in its agreement to |
12 | | provide services to the financial institution.
|
13 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) |
14 | | (410 ILCS 705/55-85)
|
15 | | Sec. 55-85. Medical cannabis. |
16 | | (a) Nothing in this Act shall be construed to limit any |
17 | | privileges or rights of a medical cannabis patient including |
18 | | minor patients, primary caregiver, medical cannabis |
19 | | cultivation center, or medical cannabis dispensing |
20 | | organization under the Compassionate Use of Medical Cannabis |
21 | | Program Act, and where there is conflict between this Act and |
22 | | the Compassionate Use of Medical Cannabis Program Act as they |
23 | | relate to medical cannabis patients, the Compassionate Use of |
24 | | Medical Cannabis Program Act shall prevail . |
25 | | (b) Dispensary locations that obtain an Early Approval |
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1 | | Adult Use Dispensary Organization License or an Adult Use |
2 | | Dispensary Organization License in accordance with this Act at |
3 | | the same location as a medical cannabis dispensing |
4 | | organization registered under the Compassionate Use of Medical |
5 | | Cannabis Program Act shall maintain an inventory of medical |
6 | | cannabis and medical cannabis products on a monthly basis that |
7 | | is substantially similar in variety and quantity to the |
8 | | products offered at the dispensary during the 6-month period |
9 | | immediately before the effective date of this Act. |
10 | | (c) Beginning June 30, 2020, the Commission Department of |
11 | | Agriculture shall make a quarterly determination whether |
12 | | inventory requirements established for dispensaries in |
13 | | subsection (b) should be adjusted due to changing patient |
14 | | need.
|
15 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) |
16 | | (410 ILCS 705/60-5)
|
17 | | Sec. 60-5. Definitions. In this Article: |
18 | | "Cannabis" has the meaning given to that term in Article 1 |
19 | | of this Act, except that it does not include cannabis that is |
20 | | subject to tax under the Compassionate Use of Medical Cannabis |
21 | | Program Act . |
22 | | "Craft grower" has the meaning given to that term in |
23 | | Article 1 of this Act. |
24 | | "Cultivation center" has the meaning given to that term in |
25 | | Article 1 of this Act. |
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1 | | "Cultivator" or "taxpayer" means a cultivation center or |
2 | | craft grower who is subject to tax under this Article. |
3 | | "Department" means the Department of Revenue. |
4 | | "Director" means the Director of Revenue. |
5 | | "Dispensing organization" or "dispensary" has the meaning |
6 | | given to that term in Article 1 of this Act. |
7 | | "Gross receipts" from the sales of cannabis by a |
8 | | cultivator means the total selling price or the amount of such |
9 | | sales, as defined in this Article. In the case of charges and |
10 | | time sales, the amount thereof shall be included only when |
11 | | payments are received by the cultivator. |
12 | | "Person" means a natural individual, firm, partnership, |
13 | | association, joint stock company, joint adventure, public or |
14 | | private corporation, limited liability company, or a receiver, |
15 | | executor, trustee, guardian, or other representative appointed |
16 | | by order of any court. |
17 | | "Infuser" means "infuser organization" or "infuser" as |
18 | | defined in Article 1 of this Act. |
19 | | "Selling price" or "amount of sale" means the |
20 | | consideration for a sale valued in money whether received in |
21 | | money or otherwise, including cash, credits, property, and |
22 | | services, and shall be determined without any deduction on |
23 | | account of the cost of the property sold, the cost of materials |
24 | | used, labor or service cost, or any other expense whatsoever, |
25 | | but does not include separately stated charges identified on |
26 | | the invoice by cultivators to reimburse themselves for their |
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1 | | tax liability under this Article.
|
2 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) |
3 | | (410 ILCS 705/60-20)
|
4 | | Sec. 60-20. Return and payment of cannabis cultivation |
5 | | privilege tax. Each person who is required to pay the tax |
6 | | imposed by this Article shall make a return to the Department |
7 | | on or before the 20th day of each month for the preceding |
8 | | calendar month stating the following: |
9 | | (1) the taxpayer's name; |
10 | | (2) the address of the taxpayer's principal place of |
11 | | business and the address of the principal place of |
12 | | business (if that is a different address) from which the |
13 | | taxpayer is engaged in the business of cultivating |
14 | | cannabis subject to tax under this Article; |
15 | | (3) the total amount of receipts received by the |
16 | | taxpayer during the preceding calendar month from sales of |
17 | | cannabis subject to tax under this Article by the taxpayer |
18 | | during the preceding calendar month; |
19 | | (4) the total amount received by the taxpayer during |
20 | | the preceding calendar month on charge and time sales of |
21 | | cannabis subject to tax imposed under this Article by the |
22 | | taxpayer before the month for which the return is filed; |
23 | | (5) deductions allowed by law; |
24 | | (6) gross receipts that were received by the taxpayer |
25 | | during the preceding calendar month and upon the basis of |
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1 | | which the tax is imposed; |
2 | | (7) the amount of tax due; |
3 | | (8) the signature of the taxpayer; and |
4 | | (9) any other information as the Department may |
5 | | reasonably require. |
6 | | All returns required to be filed and payments required to |
7 | | be made under this Article shall be by electronic means. |
8 | | Taxpayers who demonstrate hardship in paying electronically |
9 | | may petition the Department to waive the electronic payment |
10 | | requirement. The Department may require a separate return for |
11 | | the tax under this Article or combine the return for the tax |
12 | | under this Article with the return for the tax under the |
13 | | Compassionate Use of Medical Cannabis Program Act . If the |
14 | | return for the tax under this Article is combined with the |
15 | | return for tax under the Compassionate Use of Medical Cannabis |
16 | | Program Act , then the vendor's discount allowed under this |
17 | | Section and any cap on that discount shall apply to the |
18 | | combined return. The taxpayer making the return provided for |
19 | | in this Section shall also pay to the Department, in |
20 | | accordance with this Section, the amount of tax imposed by |
21 | | this Article, less a discount of 1.75%, but not to exceed |
22 | | $1,000 per return period, which is allowed to reimburse the |
23 | | taxpayer for the expenses incurred in keeping records, |
24 | | collecting tax, preparing and filing returns, remitting the |
25 | | tax, and supplying data to the Department upon request. No |
26 | | discount may be claimed by a taxpayer on returns not timely |
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1 | | filed and for taxes not timely remitted. No discount may be |
2 | | claimed by a taxpayer for any return that is not filed |
3 | | electronically. No discount may be claimed by a taxpayer for |
4 | | any payment that is not made electronically, unless a waiver |
5 | | has been granted under this Section. Any amount that is |
6 | | required to be shown or reported on any return or other |
7 | | document under this Article shall, if the amount is not a |
8 | | whole-dollar amount, be increased to the nearest whole-dollar |
9 | | amount if the fractional part of a dollar is $0.50 or more and |
10 | | decreased to the nearest whole-dollar amount if the fractional |
11 | | part of a dollar is less than $0.50. If a total amount of less |
12 | | than $1 is payable, refundable, or creditable, the amount |
13 | | shall be disregarded if it is less than $0.50 and shall be |
14 | | increased to $1 if it is $0.50 or more. Notwithstanding any |
15 | | other provision of this Article concerning the time within |
16 | | which a taxpayer may file a return, any such taxpayer who |
17 | | ceases to engage in the kind of business that makes the person |
18 | | responsible for filing returns under this Article shall file a |
19 | | final return under this Article with the Department within one |
20 | | month after discontinuing such business. |
21 | | Each taxpayer under this Article shall make estimated |
22 | | payments to the Department on or before the 7th, 15th, 22nd, |
23 | | and last day of the month during which tax liability to the |
24 | | Department is incurred. The payments shall be in an amount not |
25 | | less than the lower of either 22.5% of the taxpayer's actual |
26 | | tax liability for the month or 25% of the taxpayer's actual tax |
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1 | | liability for the same calendar month of the preceding year. |
2 | | The amount of the quarter-monthly payments shall be credited |
3 | | against the final tax liability of the taxpayer's return for |
4 | | that month. If any quarter-monthly payment is not paid at the |
5 | | time or in the amount required by this Section, then the |
6 | | taxpayer shall be liable for penalties and interest on the |
7 | | difference between the minimum amount due as a payment and the |
8 | | amount of the quarter-monthly payment actually and timely |
9 | | paid, except insofar as the taxpayer has previously made |
10 | | payments for that month to the Department in excess of the |
11 | | minimum payments previously due as provided in this Section. |
12 | | If any payment provided for in this Section exceeds the |
13 | | taxpayer's liabilities under this Article, as shown on an |
14 | | original monthly return, the Department shall, if requested by |
15 | | the taxpayer, issue to the taxpayer a credit memorandum no |
16 | | later than 30 days after the date of payment. The credit |
17 | | evidenced by the credit memorandum may be assigned by the |
18 | | taxpayer to a similar taxpayer under this Act, in accordance |
19 | | with reasonable rules to be prescribed by the Department. If |
20 | | no such request is made, the taxpayer may credit the excess |
21 | | payment against tax liability subsequently to be remitted to |
22 | | the Department under this Act, in accordance with reasonable |
23 | | rules prescribed by the Department. If the Department |
24 | | subsequently determines that all or any part of the credit |
25 | | taken was not actually due to the taxpayer, the taxpayer's |
26 | | discount shall be reduced, if necessary, to reflect the |
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1 | | difference between the credit taken and that actually due, and |
2 | | that taxpayer shall be liable for penalties and interest on |
3 | | the difference. |
4 | | If a taxpayer fails to sign a return within 30 days after |
5 | | the proper notice and demand for signature by the Department |
6 | | is received by the taxpayer, the return shall be considered |
7 | | valid and any amount shown to be due on the return shall be |
8 | | deemed assessed.
|
9 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) |
10 | | (410 ILCS 705/65-5)
|
11 | | Sec. 65-5. Definitions. In this Article: |
12 | | "Adjusted delta-9-tetrahydrocannabinol level" means, for a |
13 | | delta-9-tetrahydrocannabinol dominant product, the sum of the |
14 | | percentage of delta-9-tetrahydrocannabinol plus .877 |
15 | | multiplied by the percentage of tetrahydrocannabinolic acid. |
16 | | "Cannabis" has the meaning given to that term in Article 1 |
17 | | of this Act, except that it does not include cannabis that is |
18 | | subject to tax under the Compassionate Use of Medical Cannabis |
19 | | Program Act . |
20 | | "Cannabis-infused product" means beverage food, oils, |
21 | | ointments, tincture, topical formulation, or another product |
22 | | containing cannabis that is not intended to be smoked. |
23 | | "Cannabis retailer" means a dispensing organization that |
24 | | sells cannabis for use and not for resale. |
25 | | "Craft grower" has the meaning given to that term in |
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1 | | Article 1 of this Act. |
2 | | "Department" means the Department of Revenue. |
3 | | "Director" means the Director of Revenue. |
4 | | "Dispensing organization" or "dispensary" has the meaning |
5 | | given to that term in Article 1 of this Act. |
6 | | "Person" means a natural individual, firm, partnership, |
7 | | association, joint stock company, joint adventure, public or |
8 | | private corporation, limited liability company, or a receiver, |
9 | | executor, trustee, guardian, or other representative appointed |
10 | | by order of any court. |
11 | | "Infuser organization" or "infuser" means a facility |
12 | | operated by an organization or business that is licensed by |
13 | | the Commission Department of Agriculture to directly |
14 | | incorporate cannabis or cannabis concentrate into a product |
15 | | formulation to produce a cannabis-infused product. |
16 | | "Purchase price" means the consideration paid for a |
17 | | purchase of cannabis, valued in money, whether received in |
18 | | money or otherwise, including cash, gift cards, credits, and |
19 | | property and shall be determined without any deduction on |
20 | | account of the cost of materials used, labor or service costs, |
21 | | or any other expense whatsoever. However, "purchase price" |
22 | | does not include consideration paid for: |
23 | | (1) any charge for a payment that is not honored by a |
24 | | financial institution; |
25 | | (2) any finance or credit charge, penalty or charge |
26 | | for delayed payment, or discount for prompt payment; and |
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1 | | (3) any amounts added to a purchaser's bill because of |
2 | | charges made under the tax imposed by this Article, the |
3 | | Municipal Cannabis Retailers' Occupation Tax Law, the |
4 | | County Cannabis Retailers' Occupation Tax Law, the |
5 | | Retailers' Occupation Tax Act, the Use Tax Act, the |
6 | | Service Occupation Tax Act, the Service Use Tax Act, or |
7 | | any locally imposed occupation or use tax. |
8 | | "Purchaser" means a person who acquires cannabis for a |
9 | | valuable consideration. |
10 | | "Taxpayer" means a cannabis retailer who is required to |
11 | | collect the tax imposed under this Article.
|
12 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) |
13 | | (410 ILCS 705/65-10)
|
14 | | Sec. 65-10. Tax imposed. |
15 | | (a) Beginning January 1, 2020, a tax is imposed upon |
16 | | purchasers for the privilege of using cannabis at the |
17 | | following rates: |
18 | | (1) Any cannabis, other than a cannabis-infused |
19 | | product, with an adjusted delta-9-tetrahydrocannabinol |
20 | | level at or below 35% shall be taxed at a rate of 10% of |
21 | | the purchase price; |
22 | | (2) Any cannabis, other than a cannabis-infused |
23 | | product, with an adjusted delta-9-tetrahydrocannabinol |
24 | | level above 35% shall be taxed at a rate of 25% of the |
25 | | purchase price; and |
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1 | | (3) A cannabis-infused product shall be taxed at a |
2 | | rate of 20% of the purchase price. |
3 | | (b) The purchase of any product that contains any amount |
4 | | of cannabis or any derivative thereof is subject to the tax |
5 | | under subsection (a) of this Section on the full purchase |
6 | | price of the product. |
7 | | (c) The tax imposed under this Section is not imposed on |
8 | | cannabis that is subject to tax under the Compassionate Use of |
9 | | Medical Cannabis Program Act . The tax imposed by this Section |
10 | | is not imposed with respect to any transaction in interstate |
11 | | commerce, to the extent the transaction may not, under the |
12 | | Constitution and statutes of the United States, be made the |
13 | | subject of taxation by this State. |
14 | | (d) The tax imposed under this Article shall be in |
15 | | addition to all other occupation, privilege, or excise taxes |
16 | | imposed by the State of Illinois or by any municipal |
17 | | corporation or political subdivision thereof. |
18 | | (e) The tax imposed under this Article shall not be |
19 | | imposed on any purchase by a purchaser if the cannabis |
20 | | retailer is prohibited by federal or State Constitution, |
21 | | treaty, convention, statute, or court decision from collecting |
22 | | the tax from the purchaser.
|
23 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) |
24 | | (410 ILCS 705/65-15)
|
25 | | Sec. 65-15. Collection of tax. |
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1 | | (a) The tax imposed by this Article shall be collected |
2 | | from the purchaser by the cannabis retailer at the rate stated |
3 | | in Section 65-10 with respect to cannabis sold by the cannabis |
4 | | retailer to the purchaser, and shall be remitted to the |
5 | | Department as provided in Section 65-30. All sales to a |
6 | | purchaser who is not a cardholder under the Compassionate Use |
7 | | of Medical Cannabis Program Act are presumed subject to tax |
8 | | collection. Cannabis retailers shall collect the tax from |
9 | | purchasers by adding the tax to the amount of the purchase |
10 | | price received from the purchaser for selling cannabis to the |
11 | | purchaser. The tax imposed by this Article shall, when |
12 | | collected, be stated as a distinct item separate and apart |
13 | | from the purchase price of the cannabis. |
14 | | (b) If a cannabis retailer collects Cannabis Purchaser |
15 | | Excise Tax measured by a purchase price that is not subject to |
16 | | Cannabis Purchaser Excise Tax, or if a cannabis retailer, in |
17 | | collecting Cannabis Purchaser Excise Tax measured by a |
18 | | purchase price that is subject to tax under this Act, collects |
19 | | more from the purchaser than the required amount of the |
20 | | Cannabis Purchaser Excise Tax on the transaction, the |
21 | | purchaser shall have a legal right to claim a refund of that |
22 | | amount from the cannabis retailer. If, however, that amount is |
23 | | not refunded to the purchaser for any reason, the cannabis |
24 | | retailer is liable to pay that amount to the Department. |
25 | | (c) Any person purchasing cannabis subject to tax under |
26 | | this Article as to which there has been no charge made to him |
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1 | | or her of the tax imposed by Section 65-10 shall make payment |
2 | | of the tax imposed by Section 65-10 in the form and manner |
3 | | provided by the Department not later than the 20th day of the |
4 | | month following the month of purchase of the cannabis.
|
5 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) |
6 | | (410 ILCS 705/Art. 75 heading new) |
7 | | ARTICLE 75. Compassionate Use of Medical Cannabis Program. |
8 | | (410 ILCS 705/75-5 new)
|
9 | | Sec. 75-5. Findings. |
10 | | (a) The recorded use of cannabis as a medicine goes back |
11 | | nearly 5,000 years. Modern medical research has confirmed the |
12 | | beneficial uses of cannabis in treating or alleviating the |
13 | | pain, nausea, and other symptoms associated with a variety of |
14 | | debilitating medical conditions, including cancer, multiple |
15 | | sclerosis, and HIV/AIDS, as found by the National Academy of |
16 | | Sciences' Institute of Medicine in March 1999. |
17 | | (b) Studies published since the 1999 Institute of Medicine |
18 | | report continue to show the therapeutic value of cannabis in |
19 | | treating a wide array of debilitating medical conditions. |
20 | | These include relief of the neuropathic pain caused by |
21 | | multiple sclerosis, HIV/AIDS, and other illnesses that often |
22 | | fail to respond to conventional treatments and relief of |
23 | | nausea, vomiting, and other side effects of drugs used to |
24 | | treat HIV/AIDS and hepatitis C, increasing the chances of |
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1 | | patients continuing on life-saving treatment regimens. |
2 | | (c) Cannabis has many currently accepted medical uses in |
3 | | the United States, having been recommended by thousands of |
4 | | licensed physicians to at least 600,000 patients in states |
5 | | with medical cannabis laws. The medical utility of cannabis is |
6 | | recognized by a wide range of medical and public health |
7 | | organizations, including the American Academy of HIV Medicine, |
8 | | the American College of Physicians, the American Nurses |
9 | | Association, the American Public Health Association, the |
10 | | Leukemia & Lymphoma Society, and many others. |
11 | | (d) Data from the Federal Bureau of Investigation's |
12 | | Uniform Crime Reports and the Compendium of Federal Justice |
13 | | Statistics show that approximately 99 out of every 100 |
14 | | cannabis arrests in the U.S. are made under state law, rather |
15 | | than under federal law. Consequently, changing State law will |
16 | | have the practical effect of protecting from arrest the vast |
17 | | majority of seriously ill patients who have a medical need to |
18 | | use cannabis. |
19 | | (d-5) In 2014, the Task Force on Veterans' Suicide was |
20 | | created by the Illinois General Assembly to gather data on |
21 | | veterans' suicide prevention. Data from a U.S. Department of |
22 | | Veterans Affairs study indicates that 22 veterans commit |
23 | | suicide each day. |
24 | | (d-10) According to the State of Illinois Opioid Action
|
25 | | Plan released in September 2017, "The opioid epidemic is the
|
26 | | most significant public health and public safety crisis facing
|
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1 | | Illinois".
According to the Action Plan, "Fueled by the |
2 | | growing opioid
epidemic, drug overdoses have now become the |
3 | | leading cause of
death nationwide for people under the age of |
4 | | 50. In Illinois,
opioid overdoses have killed nearly 11,000 |
5 | | people since 2008.
Just last year, nearly 1,900 people died of |
6 | | overdoses—almost
twice the number of fatal car accidents. |
7 | | Beyond these deaths
are thousands of emergency department |
8 | | visits, hospital stays,
as well as the pain suffered by |
9 | | individuals, families, and
communities". |
10 | | According to the Action Plan, "At the current rate, the
|
11 | | opioid epidemic will claim the lives of more than 2,700
|
12 | | Illinoisans in 2020". |
13 | | Further, the Action Plan states, "Physical tolerance to
|
14 | | opioids can begin to develop as early as two to three days
|
15 | | following the continuous use of opioids, which is a large
|
16 | | factor that contributes to their addictive potential". |
17 | | The 2017 State of Illinois Opioid Action Plan also states,
|
18 | | "The increase in OUD [opioid use disorder] and opioid overdose
|
19 | | deaths is largely due to the dramatic rise in the rate and
|
20 | | amount of opioids prescribed for pain over the past decades". |
21 | | Further, according to the Action Plan, "In the absence of
|
22 | | alternative treatments, reducing the supply of prescription |
23 | | opioids too abruptly may drive more people to switch to using
|
24 | | illicit drugs (including heroin), thus increasing the risk of
|
25 | | overdose". |
26 | | (e) Alaska, Arizona, California, Colorado, Connecticut, |
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1 | | Delaware, Hawaii, Maine, Massachusetts, Michigan, Montana, |
2 | | Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, |
3 | | Washington, and Washington, D.C. have removed state-level |
4 | | criminal penalties from the medical use and cultivation of |
5 | | cannabis. Illinois joins in this effort for the health and |
6 | | welfare of its citizens. |
7 | | (f) States are not required to enforce federal law or |
8 | | prosecute people for engaging in activities prohibited by |
9 | | federal law. Therefore, compliance with this Act does not put |
10 | | the State of Illinois in violation of federal law. |
11 | | (g) State law should make a distinction between the |
12 | | medical and non-medical uses of cannabis. Hence, the purpose |
13 | | of this Article is to protect patients with debilitating |
14 | | medical conditions, as well as their physicians and providers, |
15 | | from arrest and prosecution, criminal and other penalties, and |
16 | | property forfeiture if the patients engage in the medical use |
17 | | of cannabis.
|
18 | | (410 ILCS 705/75-7 new) |
19 | | Sec. 75-7. Lawful user and lawful products. For the |
20 | | purposes of this Article and to clarify the legislative |
21 | | findings on the lawful use of cannabis: |
22 | | (1) A cardholder under this Article shall not be |
23 | | considered an unlawful user or addicted to narcotics |
24 | | solely as a result of his or her qualifying patient or |
25 | | designated caregiver status. |
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1 | | (2) All medical cannabis products purchased by a |
2 | | qualifying patient at a licensed dispensing organization |
3 | | shall be lawful products and a distinction shall be made |
4 | | between medical and non-medical uses of cannabis as a |
5 | | result of the qualifying patient's cardholder status, |
6 | | provisional registration for qualifying patient cardholder |
7 | | status, or participation in the Opioid Alternative Pilot |
8 | | Program under the authorized use granted under State law. |
9 | | (3) An individual with a provisional registration for |
10 | | qualifying patient cardholder status, a qualifying patient |
11 | | in the Compassionate Use of Medical Cannabis Program, or |
12 | | an Opioid Alternative Pilot
Program participant under |
13 | | Section 75-62 shall not be considered an unlawful user or |
14 | | addicted
to narcotics solely as a result of his or her |
15 | | application to or participation in the program.
|
16 | | (410 ILCS 705/75-10 new)
|
17 | | Sec. 75-10. Definitions. The following terms, as used in |
18 | | this Article, shall have the meanings set forth in this |
19 | | Section: |
20 | | (a) "Adequate supply" means: |
21 | | (1) 2.5 ounces of usable cannabis during a period of |
22 | | 14 days and that is derived solely from an intrastate |
23 | | source. |
24 | | (2) Subject to the rules of the Commission, a patient |
25 | | may apply for a waiver where a certifying health care |
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1 | | professional provides a substantial medical basis in a |
2 | | signed, written statement asserting that, based on the |
3 | | patient's medical history, in the certifying health care |
4 | | professional's professional judgment, 2.5 ounces is an |
5 | | insufficient adequate supply for a 14-day period to |
6 | | properly alleviate the patient's debilitating medical |
7 | | condition or symptoms associated with the debilitating |
8 | | medical condition. |
9 | | (3) This subsection may not be construed to authorize |
10 | | the possession of more than 2.5 ounces at any time without |
11 | | authority from the Commission. |
12 | | (4) The pre-mixed weight of medical cannabis used in |
13 | | making a cannabis infused product shall apply toward the |
14 | | limit on the total amount of medical cannabis a registered |
15 | | qualifying patient may possess at any one time. |
16 | | (a-5) "Advanced practice registered nurse" means a person |
17 | | who is licensed under the Nurse Practice Act as an advanced |
18 | | practice registered nurse and has a controlled substances |
19 | | license under Article III of the Illinois Controlled |
20 | | Substances Act. |
21 | | (d) "Cardholder" means a qualifying patient or a |
22 | | designated caregiver who has been issued and possesses a valid |
23 | | registry identification card by the Department of Public |
24 | | Health. |
25 | | (d-5) "Certifying health care professional" means a |
26 | | physician, an advanced practice registered nurse, or a |
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1 | | physician assistant. |
2 | | (h) "Debilitating medical condition" means one or more of |
3 | | the following: |
4 | | (1) cancer, glaucoma, positive status for human |
5 | | immunodeficiency virus, acquired immune deficiency |
6 | | syndrome, hepatitis C, amyotrophic lateral sclerosis, |
7 | | Crohn's disease (including, but not limited to, ulcerative |
8 | | colitis), agitation of Alzheimer's disease, |
9 | | cachexia/wasting syndrome, muscular dystrophy, |
10 | | fibromyalgia, spinal cord disease, including but not |
11 | | limited to arachnoiditis, Tarlov cysts, hydromyelia, |
12 | | syringomyelia, Rheumatoid arthritis, fibrous dysplasia, |
13 | | spinal cord injury, traumatic brain injury and |
14 | | post-concussion syndrome, Multiple Sclerosis, |
15 | | Arnold-Chiari malformation and Syringomyelia, |
16 | | Spinocerebellar Ataxia (SCA), Parkinson's, Tourette's, |
17 | | Myoclonus, Dystonia, Reflex Sympathetic Dystrophy, RSD |
18 | | (Complex Regional Pain Syndromes Type I), Causalgia, CRPS |
19 | | (Complex Regional Pain Syndromes Type II), |
20 | | Neurofibromatosis, Chronic Inflammatory Demyelinating |
21 | | Polyneuropathy, Sjogren's syndrome, Lupus, Interstitial |
22 | | Cystitis, Myasthenia Gravis, Hydrocephalus, nail-patella |
23 | | syndrome, residual limb pain, seizures (including those |
24 | | characteristic of epilepsy), post-traumatic stress |
25 | | disorder (PTSD), autism, chronic pain, irritable bowel |
26 | | syndrome, migraines, osteoarthritis, anorexia nervosa, |
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1 | | Ehlers-Danlos Syndrome, Neuro-Behcet's Autoimmune |
2 | | Disease, neuropathy, polycystic kidney disease, superior |
3 | | canal dehiscence syndrome, or the treatment of these |
4 | | conditions; |
5 | | (1.5) terminal illness with a diagnosis of 6 months or |
6 | | less; if the terminal illness is not one of the qualifying |
7 | | debilitating medical conditions, then the certifying |
8 | | health care professional shall on the certification form |
9 | | identify the cause of the terminal illness; or |
10 | | (2) any other debilitating medical condition or its |
11 | | treatment that is added by the Department of Public Health |
12 | | by rule as provided in Section 75-45. |
13 | | (i) "Designated caregiver" means a person who: (1) is at |
14 | | least 21 years of age; (2) has agreed to assist with a |
15 | | patient's medical use of cannabis; (3) has not been convicted |
16 | | of an excluded offense; and (4) assists no more than one |
17 | | registered qualifying patient with his or her medical use of |
18 | | cannabis. |
19 | | (l-10) "Illinois Cannabis Tracking System" means a |
20 | | web-based system established and maintained by the Commission |
21 | | that is available to the Department of Agriculture, the |
22 | | Department of Financial and Professional Regulation, the |
23 | | Illinois State Police, and registered medical cannabis |
24 | | dispensing organizations on a 24-hour basis to upload written |
25 | | certifications for Opioid Alternative Pilot Program |
26 | | participants, to verify Opioid Alternative Pilot Program |
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1 | | participants, to verify Opioid Alternative Pilot Program |
2 | | participants' available cannabis allotment and assigned |
3 | | dispensary, and the tracking of the date of sale, amount, and |
4 | | price of medical cannabis purchased by an Opioid Alternative |
5 | | Pilot Program participant. |
6 | | (m) "Medical cannabis cultivation center registration" |
7 | | means a registration issued by the Department of Agriculture. |
8 | | (n) "Medical cannabis container" means a sealed, |
9 | | traceable, food compliant, tamper resistant, tamper evident |
10 | | container, or package used for the purpose of containment of |
11 | | medical cannabis from a cultivation center to a dispensing |
12 | | organization. |
13 | | (o) "Medical cannabis dispensing organization", or |
14 | | "dispensing organization", or "dispensary organization" means |
15 | | a facility operated by an organization or business that is |
16 | | registered by the Commission to acquire medical cannabis from |
17 | | a registered cultivation center for the purpose of dispensing |
18 | | cannabis, paraphernalia, or related supplies and educational |
19 | | materials to registered qualifying patients, individuals with |
20 | | a provisional registration for qualifying patient cardholder |
21 | | status, or an Opioid Alternative Pilot Program participant. |
22 | | (p) "Medical cannabis dispensing organization agent" or |
23 | | "dispensing organization agent" means a principal officer, |
24 | | board member, employee, or agent of a registered medical |
25 | | cannabis dispensing organization who is 21 years of age or |
26 | | older and has not been convicted of an excluded offense. |
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1 | | (q) "Medical cannabis infused product" means food, oils, |
2 | | ointments, or other products containing usable cannabis that |
3 | | are not smoked. |
4 | | (r) "Medical use" means the acquisition; administration; |
5 | | delivery; possession; transfer; transportation; or use of |
6 | | cannabis to treat or alleviate a registered qualifying |
7 | | patient's debilitating medical condition or symptoms |
8 | | associated with the patient's debilitating medical condition. |
9 | | (r-5) "Opioid" means a narcotic drug or substance that is |
10 | | a
Schedule II controlled substance under paragraph (1), (2), |
11 | | (3),
or (5) of subsection (b) or under subsection (c) of |
12 | | Section 206
of the Illinois Controlled Substances Act. |
13 | | (r-10) "Opioid Alternative Pilot Program participant" |
14 | | means an individual who has
received a valid written |
15 | | certification to participate in the Opioid Alternative Pilot |
16 | | Program for a medical condition for
which an opioid has been or |
17 | | could be prescribed by a certifying health care professional
|
18 | | based on generally accepted standards of care. |
19 | | (s) "Physician" means a doctor of medicine or doctor of |
20 | | osteopathy licensed under the Medical Practice Act of 1987 to |
21 | | practice medicine and who has a controlled substances license |
22 | | under Article III of the Illinois Controlled Substances Act. |
23 | | It does not include a licensed practitioner under any other |
24 | | Act including but not limited to the Illinois Dental Practice |
25 | | Act. |
26 | | (s-1) "Physician assistant" means a physician assistant |
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1 | | licensed under the Physician Assistant Practice Act of 1987 |
2 | | and who has a controlled substances license under Article III |
3 | | of the Illinois Controlled Substances Act. |
4 | | (s-5) "Provisional registration" means a document issued |
5 | | by the Commission to a qualifying patient who has submitted: |
6 | | (1) an online application and paid a fee to participate in the |
7 | | Compassionate Use of Medical Cannabis Program pending approval |
8 | | or denial of the patient's application; or (2) a completed |
9 | | application for terminal illness. |
10 | | (t) "Qualifying patient" means a person who has been |
11 | | diagnosed by a certifying health care professional as having a |
12 | | debilitating medical condition. |
13 | | (u) "Registered" means licensed, permitted, or otherwise |
14 | | certified by the Commission. |
15 | | (v) "Registry identification card" means a document issued |
16 | | by the Commission that identifies a person as a registered |
17 | | qualifying patient or registered designated caregiver. |
18 | | (w) "Usable cannabis" means the seeds, leaves, buds, and |
19 | | flowers of the cannabis plant and any mixture or preparation |
20 | | thereof, but does not include the stalks, and roots of the |
21 | | plant. It does not include the weight of any non-cannabis |
22 | | ingredients combined with cannabis, such as ingredients added |
23 | | to prepare a topical administration, food, or drink. |
24 | | (x) "Verification system" means a Web-based system |
25 | | established and maintained by the Commission, law enforcement |
26 | | personnel, and registered medical cannabis dispensing |
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1 | | organization agents on a 24-hour basis for the verification of |
2 | | registry
identification cards, the tracking of delivery of |
3 | | medical cannabis to medical cannabis dispensing organizations, |
4 | | and the tracking of the date of sale, amount, and price of |
5 | | medical cannabis purchased by a registered qualifying patient. |
6 | | (y) "Written certification" means a document dated and |
7 | | signed by a certifying health care professional, stating (1) |
8 | | that the qualifying patient has a debilitating medical |
9 | | condition and specifying the debilitating medical condition |
10 | | the qualifying patient has; and (2) that (A) the certifying |
11 | | health care professional is treating or managing treatment of |
12 | | the patient's debilitating medical condition; or (B) an Opioid |
13 | | Alternative Pilot Program participant has a medical condition |
14 | | for which opioids have been or could be prescribed. A written |
15 | | certification shall be made only in the course of a bona fide |
16 | | health care professional-patient relationship, after the |
17 | | certifying health care professional has completed an |
18 | | assessment of either a qualifying patient's medical history or |
19 | | Opioid Alternative Pilot Program participant, reviewed |
20 | | relevant records related to the patient's debilitating |
21 | | condition, and conducted a physical examination. |
22 | | (z) "Bona fide health care professional-patient |
23 | | relationship" means a
relationship established at a hospital, |
24 | | certifying health care professional's office, or other health |
25 | | care facility in which the certifying health care professional |
26 | | has an ongoing responsibility for the assessment, care, and |
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1 | | treatment of a
patient's debilitating medical condition or a |
2 | | symptom of the
patient's debilitating medical condition. |
3 | | A veteran who has received treatment at a VA hospital |
4 | | shall be deemed to have a bona fide health care |
5 | | professional-patient relationship with a VA certifying health |
6 | | care professional if the patient has been seen for his or her |
7 | | debilitating medical condition at the VA Hospital in |
8 | | accordance with VA Hospital protocols. |
9 | | A bona fide health care professional-patient relationship |
10 | | under this subsection is a privileged communication within the |
11 | | meaning of Section 8-802 of the Code of Civil Procedure.
|
12 | | (410 ILCS 705/75-15 new)
|
13 | | Sec. 75-15. Authority. |
14 | | (a) It is the duty of the Commission to enforce the |
15 | | following provisions of this Article unless otherwise provided |
16 | | for by this Article: |
17 | | (1) establish and maintain a confidential registry of |
18 | | qualifying patients authorized to engage in the medical |
19 | | use of cannabis and their caregivers; |
20 | | (2) distribute educational materials about the health |
21 | | benefits and risks associated with the use of cannabis and |
22 | | prescription medications; |
23 | | (3) adopt rules to administer the patient and |
24 | | caregiver registration program; and |
25 | | (4) adopt rules establishing food handling |
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1 | | requirements for cannabis-infused products that are |
2 | | prepared for human consumption. |
3 | | (b) It is the duty of the Commission to enforce the |
4 | | provisions of this Article relating to the registration and |
5 | | oversight of cultivation centers unless otherwise provided for |
6 | | in this Article. |
7 | | (c) It is the duty of the Commission to enforce the |
8 | | provisions of this Article relating to the registration and |
9 | | oversight of dispensing organizations unless otherwise |
10 | | provided for in this Article. |
11 | | (d) The Commission, the Department of Public Health, the |
12 | | Department of Agriculture, or the Department of Financial and |
13 | | Professional Regulation shall enter into intergovernmental |
14 | | agreements, as necessary, to carry out the provisions of this |
15 | | Article including, but not limited to, the provisions relating |
16 | | to the registration and oversight of cultivation centers, |
17 | | dispensing organizations, and qualifying patients and |
18 | | caregivers. |
19 | | (e) The Commission may suspend, revoke, or impose other |
20 | | penalties upon a registration for violations of this Article |
21 | | and any rules adopted in accordance thereto. The suspension or |
22 | | revocation of, or imposition of any other penalty upon, a |
23 | | registration is a final Agency action, subject to judicial |
24 | | review. Jurisdiction and venue for judicial review are vested |
25 | | in the Circuit Court.
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1 | | (410 ILCS 705/75-20 new)
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2 | | Sec. 75-20. Compassionate Use of Medical Cannabis Fund. |
3 | | (a) There is created the Compassionate Use of Medical |
4 | | Cannabis Fund in the State treasury to be used exclusively for |
5 | | the direct and indirect costs associated with the |
6 | | implementation, administration, and enforcement of this |
7 | | Article. Funds in excess of the direct and indirect costs |
8 | | associated with the implementation, administration, and |
9 | | enforcement of this Article shall be used to fund crime |
10 | | prevention programs. |
11 | | (b) All monies collected under this Article shall be |
12 | | deposited in the Compassionate Use of Medical Cannabis Fund in |
13 | | the State treasury. All earnings received from investment of |
14 | | monies in the Compassionate Use of Medical Cannabis Fund shall |
15 | | be deposited in the Compassionate Use of Medical Cannabis |
16 | | Fund. |
17 | | (c) Notwithstanding any other law to the contrary, the |
18 | | Compassionate Use of Medical Cannabis Fund is not subject to |
19 | | sweeps, administrative charge-backs, or any other fiscal or |
20 | | budgetary maneuver that would in any way transfer any amounts |
21 | | from the Compassionate Use of Medical Cannabis Fund into any |
22 | | other fund of the State with the exception for purposes to |
23 | | support Social Equity Applicants, owners and programs or as |
24 | | determined by the Commission.
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25 | | (410 ILCS 705/75-25 new)
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1 | | Sec. 75-25. Immunities and presumptions related to the |
2 | | medical use of cannabis. |
3 | | (a) A registered qualifying patient is not subject to |
4 | | arrest, prosecution, or denial of any right or privilege, |
5 | | including, but not limited to, civil penalty or disciplinary |
6 | | action by an occupational or professional licensing board, for |
7 | | the medical use of cannabis in accordance with this Article, |
8 | | if the registered qualifying patient possesses an amount of |
9 | | cannabis that does not exceed an adequate supply as defined in |
10 | | subsection (a) of Section 75-10 of this Article of usable |
11 | | cannabis and, where the registered qualifying patient is a |
12 | | licensed professional, the use of cannabis does not impair |
13 | | that licensed professional when he or she is engaged in the |
14 | | practice of the profession for which he or she is licensed. |
15 | | (b) A registered designated caregiver is not subject to |
16 | | arrest, prosecution, or denial of any right or privilege, |
17 | | including, but not limited to, civil penalty or disciplinary |
18 | | action by an occupational or professional licensing board, for |
19 | | acting in accordance with this Article to assist a registered |
20 | | qualifying patient to whom he or she is connected through the |
21 | | with the exception for purposes to support Social Equity |
22 | | Applicants, owners and programs or as determined by the |
23 | | Commission's registration process with the medical use of |
24 | | cannabis if the designated caregiver possesses an amount of |
25 | | cannabis that does not exceed an adequate supply as defined in |
26 | | subsection (a) of Section 75-10 of this Article of usable |
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1 | | cannabis. A school nurse or school administrator is not |
2 | | subject to arrest, prosecution, or denial of any right or |
3 | | privilege, including, but not limited to, a civil penalty, for |
4 | | acting in accordance with Section 22-33 of the School Code |
5 | | relating to administering or assisting a student in |
6 | | self-administering a medical cannabis infused product. The |
7 | | total amount possessed between the qualifying patient and |
8 | | caregiver shall not exceed the patient's adequate supply as |
9 | | defined in subsection (a) of Section 75-10 of this Article. |
10 | | (c) A registered qualifying patient or registered |
11 | | designated caregiver is not subject to
arrest, prosecution, or |
12 | | denial of any right or privilege, including, but not limited |
13 | | to, civil penalty or disciplinary action by an occupational or |
14 | | professional licensing board for possession of cannabis that |
15 | | is incidental to medical use, but is not usable cannabis as |
16 | | defined in this Article. |
17 | | (d)(1) There is a rebuttable presumption that a registered |
18 | | qualifying patient is engaged in, or a designated caregiver is |
19 | | assisting with, the medical use of cannabis in accordance with |
20 | | this Article if the qualifying patient or designated |
21 | | caregiver: |
22 | | (A) is in possession of a valid registry |
23 | | identification card; and |
24 | | (B) is in possession of an amount of cannabis that |
25 | | does not exceed the amount allowed under subsection (a) of |
26 | | Section 75-10. |
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1 | | (2) The presumption may be rebutted by evidence that |
2 | | conduct related to cannabis was not for the purpose of |
3 | | treating or alleviating the qualifying patient's debilitating |
4 | | medical condition or symptoms associated with the debilitating |
5 | | medical condition in compliance with this Article. |
6 | | (e) A certifying health care professional is not subject |
7 | | to arrest, prosecution, or penalty in any manner, or denial of |
8 | | any right or privilege, including, but not limited to, civil |
9 | | penalty or disciplinary action by the Medical Disciplinary |
10 | | Board or by any other occupational or professional licensing |
11 | | board, solely for providing written certifications or for |
12 | | otherwise stating that, in the certifying health care |
13 | | professional's professional opinion, a patient is likely to |
14 | | receive therapeutic or palliative benefit from the medical use |
15 | | of cannabis to treat or alleviate the patient's debilitating |
16 | | medical condition or symptoms associated with the debilitating |
17 | | medical condition, provided that nothing shall prevent a |
18 | | professional licensing or disciplinary board from sanctioning |
19 | | a certifying health care professional for: (1) issuing a |
20 | | written certification to a patient who is not under the |
21 | | certifying health care professional's care for a debilitating |
22 | | medical condition; or (2) failing to properly evaluate a |
23 | | patient's medical condition or otherwise violating the |
24 | | standard of care for evaluating medical conditions. |
25 | | (f) No person may be subject to arrest, prosecution, or |
26 | | denial of any right or privilege, including, but not limited |
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1 | | to, civil penalty or disciplinary action by an occupational or |
2 | | professional licensing board, solely for: (1) selling cannabis |
3 | | paraphernalia to a cardholder upon presentation of an |
4 | | unexpired registry identification card in the recipient's |
5 | | name, if employed and registered as a dispensing agent by a |
6 | | registered dispensing organization; (2) being in the presence |
7 | | or vicinity of the medical use of cannabis as allowed under |
8 | | this Article; or (3) assisting a registered qualifying patient |
9 | | with the act of administering cannabis. |
10 | | (g) A registered cultivation center is not subject to |
11 | | prosecution; search or inspection, except by the with the |
12 | | exception for purposes to support Social Equity Applicants, |
13 | | owners and programs or as determined by the Commission or |
14 | | State or local law enforcement under Section 75-130; seizure; |
15 | | or penalty in any manner, or denial of any right or privilege, |
16 | | including, but not limited to, civil penalty or disciplinary |
17 | | action by a business licensing board or entity, for acting |
18 | | under this Article and Commission rules to: acquire, possess, |
19 | | cultivate, manufacture, deliver, transfer, transport, supply, |
20 | | or sell cannabis to registered dispensing organizations. |
21 | | (h) A registered cultivation center agent is not subject |
22 | | to prosecution, search, or penalty in any manner, or denial of |
23 | | any right or privilege, including, but not limited to, civil |
24 | | penalty or disciplinary action by a business licensing board |
25 | | or entity, for working or volunteering for a
registered |
26 | | cannabis cultivation center under this Article and Commission |
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1 | | rules, including to perform the actions listed under |
2 | | subsection (g). |
3 | | (i) A registered dispensing organization is not subject to |
4 | | prosecution; search or inspection, except by the Commission or |
5 | | State or local law enforcement pursuant to Section 75-130; |
6 | | seizure; or penalty in any manner, or denial of any right or |
7 | | privilege, including, but not limited to, civil penalty or |
8 | | disciplinary action by a business licensing board or entity, |
9 | | for acting under this Article and Commission rules to: |
10 | | acquire, possess, or dispense cannabis, or related supplies, |
11 | | and educational materials to registered qualifying patients or |
12 | | registered designated caregivers on behalf of registered |
13 | | qualifying patients. |
14 | | (j) A registered dispensing organization agent is not |
15 | | subject to prosecution, search, or penalty in any manner, or |
16 | | denial of any right or privilege, including, but not limited |
17 | | to, civil penalty or disciplinary action by a business |
18 | | licensing board or entity, for working or volunteering for a |
19 | | dispensing organization under this Article and Department of |
20 | | Financial and Professional Regulation rules, including to |
21 | | perform the actions listed under subsection (i). |
22 | | (k) Any cannabis, cannabis paraphernalia, illegal |
23 | | property, or interest in legal property that is possessed, |
24 | | owned, or used in connection with the medical use of cannabis |
25 | | as allowed under this Article, or acts incidental to that use, |
26 | | may not be seized or forfeited. this Article does not prevent |
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1 | | the seizure or forfeiture of cannabis exceeding the amounts |
2 | | allowed under this Article, nor shall 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 Article. |
6 | | (l) Mere possession of, or application for, a registry |
7 | | identification card or registration certificate does not |
8 | | constitute probable cause or reasonable suspicion, nor shall |
9 | | it be used as the sole basis to support the search of the |
10 | | person, property, or home of the person possessing or applying |
11 | | for the registry identification card. The possession of, or |
12 | | application for, a registry identification card does not |
13 | | preclude the existence of probable cause if probable cause |
14 | | exists on other grounds. |
15 | | (m) Nothing in this Article shall preclude local or State |
16 | | law enforcement agencies from searching a registered |
17 | | cultivation center where there is probable cause to believe |
18 | | that the criminal laws of this State have been violated and the |
19 | | search is conducted in conformity with the Illinois |
20 | | Constitution, the Constitution of the United States, and all |
21 | | State statutes. |
22 | | (n) Nothing in this Article shall preclude local or State |
23 | | law enforcement agencies from searching a registered |
24 | | dispensing organization where there is probable cause to |
25 | | believe that the criminal laws of this State have been |
26 | | violated and the search is conducted in conformity with the |
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1 | | Illinois Constitution, the Constitution of the United States, |
2 | | and all State statutes. |
3 | | (o) No individual employed by the State of Illinois shall |
4 | | be subject to criminal or civil penalties for taking any |
5 | | action in accordance with the provisions of this Article, when |
6 | | the actions are within the scope of the individual's |
7 | | employment. Representation and indemnification of State |
8 | | employees shall be provided to State employees as set forth in |
9 | | Section 2 of the State Employee Indemnification Act.
|
10 | | (p) No law enforcement or correctional agency, nor any |
11 | | individual employed by a law enforcement or correctional |
12 | | agency, shall be subject to criminal or civil liability, |
13 | | except for willful and wanton misconduct, as a result of |
14 | | taking any action within the scope of the official duties of |
15 | | the agency or individual to prohibit or prevent the possession |
16 | | or use of cannabis by a cardholder incarcerated at a |
17 | | correctional facility, jail, or municipal lockup facility, on |
18 | | parole or mandatory supervised release, or otherwise under the |
19 | | lawful jurisdiction of the agency or individual. |
20 | | (410 ILCS 705/75-30 new)
|
21 | | Sec. 75-30. Limitations and penalties. |
22 | | (a) This Article does not permit any person to engage in, |
23 | | and does not prevent the imposition of any civil, criminal, or |
24 | | other penalties for engaging in, the following conduct: |
25 | | (1) Undertaking any task under the influence of |
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1 | | cannabis, when doing so would constitute negligence, |
2 | | professional malpractice, or professional misconduct; |
3 | | (2) Possessing cannabis: |
4 | | (A) except as provided under Section 22-33 of the |
5 | | School Code, in a school bus; |
6 | | (B) except as provided under Section 22-33 of the |
7 | | School Code, on the grounds of any preschool or |
8 | | primary or secondary school; |
9 | | (C) in any correctional facility; |
10 | | (D) in a vehicle under Section 11-502.1 of the |
11 | | Illinois Vehicle Code; |
12 | | (E) in a vehicle not open to the public unless the |
13 | | medical cannabis is in a reasonably secured, sealed |
14 | | container and reasonably inaccessible while the |
15 | | vehicle is moving; or |
16 | | (F) in a private residence that is used at any time |
17 | | to provide licensed child care or other similar social |
18 | | service care on the premises; |
19 | | (3) Using 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; |
26 | | (D) in any motor vehicle; |
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1 | | (E) in a private residence that is used at any time |
2 | | to provide licensed child care or other similar social |
3 | | service care on the premises; |
4 | | (F) except as provided under Section 22-33 of the |
5 | | School Code and Section 75-31 of this Article, in any |
6 | | public place. "Public place" as used in this |
7 | | subsection means any place where an individual could |
8 | | reasonably be expected to be observed by others. A |
9 | | "public place" includes all parts of buildings owned |
10 | | in whole or in part, or leased, by the State or a local |
11 | | unit of government. A "public place" does not include |
12 | | a private residence unless the private residence is |
13 | | used to provide licensed child care, foster care, or |
14 | | other similar social service care on the premises. For |
15 | | purposes of this subsection, a "public place" does not |
16 | | include a health care facility. For purposes of this |
17 | | Section, a "health care facility" includes, but is not |
18 | | limited to, hospitals, nursing homes, hospice care |
19 | | centers, and long-term care facilities; |
20 | | (G) except as provided under Section 22-33 of the |
21 | | School Code and Section 75-31 of this Article, |
22 | | knowingly in close physical proximity to anyone under |
23 | | the age of 18 years of age; |
24 | | (4) Smoking medical cannabis in any public place where |
25 | | an individual could reasonably be expected to be observed |
26 | | by others, in a health care facility, or any other place |
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1 | | where smoking is prohibited under the Smoke Free Illinois |
2 | | Act; |
3 | | (5) Operating, navigating, or being in actual physical |
4 | | control of any motor vehicle, aircraft, or motorboat while |
5 | | using or under the influence of cannabis in violation of |
6 | | Sections 11-501 and 11-502.1 of the Illinois Vehicle Code; |
7 | | (6) Using or possessing cannabis if that person does |
8 | | not have a debilitating medical condition and is not a |
9 | | registered qualifying patient or caregiver; |
10 | | (7) Allowing any person who is not allowed to use |
11 | | cannabis under this Article to use cannabis that a |
12 | | cardholder is allowed to possess under this Article; |
13 | | (8) Transferring cannabis to any person contrary to |
14 | | the provisions of this Article; |
15 | | (9) The use of medical cannabis by an active duty law |
16 | | enforcement officer, correctional officer, correctional |
17 | | probation officer, or firefighter; or |
18 | | (10) The use of medical cannabis by a person who has a |
19 | | school bus permit or a Commercial Driver's License. |
20 | | (b) Nothing in this Article shall be construed to prevent |
21 | | the arrest or prosecution of a registered qualifying patient |
22 | | for reckless driving or driving under the influence of |
23 | | cannabis where probable cause exists. |
24 | | (c) Notwithstanding any other criminal penalties related |
25 | | to the unlawful possession of cannabis, knowingly making a |
26 | | misrepresentation to a law enforcement official of any fact or |
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1 | | circumstance relating to the medical use of cannabis to avoid |
2 | | arrest or prosecution is a petty offense punishable by a fine |
3 | | of up to $1,000, which shall be in addition to any other |
4 | | penalties that may apply for making a false statement or for |
5 | | the use of cannabis other than use undertaken under this |
6 | | Article. |
7 | | (d) Notwithstanding any other criminal penalties related |
8 | | to the unlawful possession of cannabis, any person who makes a |
9 | | misrepresentation of a medical condition to a certifying |
10 | | health care professional or fraudulently provides material |
11 | | misinformation to a certifying health care professional in |
12 | | order to obtain a written certification is guilty of a petty |
13 | | offense punishable by a fine of up to $1,000. |
14 | | (e) Any cardholder or registered caregiver who sells |
15 | | cannabis shall have the cardholder's or caregiver's registry |
16 | | identification card revoked and is subject to other penalties |
17 | | for the unauthorized sale of cannabis. |
18 | | (f) Any registered qualifying patient who commits a |
19 | | violation of Section 11-502.1 of the Illinois Vehicle Code or |
20 | | refuses a properly requested test related to operating a motor |
21 | | vehicle while under the influence of cannabis shall have the |
22 | | patient's registry identification card revoked. |
23 | | (g) No registered qualifying patient or designated |
24 | | caregiver shall knowingly obtain, seek to obtain, or possess, |
25 | | individually or collectively, an amount of usable cannabis |
26 | | from a registered medical cannabis dispensing organization |
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1 | | that would cause the patient or caregiver to exceed the |
2 | | authorized adequate supply under subsection (a) of Section |
3 | | 75-10. |
4 | | (h) Nothing in this Article shall prevent a private |
5 | | business from restricting or prohibiting the medical use of |
6 | | cannabis on its property. |
7 | | (i) Nothing in this Article shall prevent a university, |
8 | | college, or other institution of post-secondary education from |
9 | | restricting or prohibiting the use of medical cannabis on its |
10 | | property.
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11 | | (410 ILCS 705/75-31 new) |
12 | | Sec. 75-31. Administration to persons with disabilities in |
13 | | park district programs. |
14 | | (a) Definitions. As used in this Section: |
15 | | (1) "Park district" has the meaning as defined in |
16 | | Section 1-3 of the Park District Code. "Park district" |
17 | | includes the Chicago Park District as defined by the |
18 | | Chicago Park District Act, any special recreational |
19 | | association created by a park district through an |
20 | | intergovernmental agreement, and any nonprofit |
21 | | organization authorized by the park district or special |
22 | | recreational association to administer a program for |
23 | | persons with disabilities on its behalf. |
24 | | (2) "Program participant" means a person with |
25 | | disabilities who is a registered qualifying patient and |
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1 | | who participates in a summer camp, educational program, or |
2 | | other similar program provided by a park district for |
3 | | persons with disabilities. |
4 | | (b) Subject to the restrictions under subsections (c) |
5 | | through (f) of this Section, a park district shall authorize a |
6 | | program participant's parent, guardian, or other designated |
7 | | caregiver to administer a medical cannabis infused product to |
8 | | the program participant on the premises of the park district |
9 | | if both the program participant and the parent, guardian, or |
10 | | other designated caregiver are cardholders. After |
11 | | administering the medical cannabis infused product, the |
12 | | parent, guardian, or other designated caregiver shall remove |
13 | | the medical cannabis infused product from the premises of the |
14 | | park district. |
15 | | (c) A parent, guardian, or other designated caregiver may |
16 | | not administer a medical cannabis infused product under this |
17 | | Section in a manner that, in the opinion of the park district, |
18 | | would create a disruption to the park district's program or |
19 | | activity for persons with disabilities or would cause exposure |
20 | | of the medical cannabis infused product to other program |
21 | | participants. |
22 | | (d) A park district may not discipline a program |
23 | | participant who is administered a medical cannabis infused |
24 | | product by a parent, guardian, or other designated caregiver |
25 | | under this Section and may not deny the program participant's |
26 | | eligibility to attend the park district's program or activity |
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1 | | for persons with disabilities solely because the program |
2 | | participant requires the administration of the medical |
3 | | cannabis infused product. |
4 | | (e) Nothing in this Section requires a member of the park |
5 | | district's staff to administer a medical cannabis infused |
6 | | product to a program participant. |
7 | | (f) A park district may not authorize the use of a medical |
8 | | cannabis infused product under this Section if the park |
9 | | district would lose federal funding as a result of the |
10 | | authorization.
|
11 | | (410 ILCS 705/75-35 new)
|
12 | | Sec. 75-35. Certifying health care professional |
13 | | requirements. |
14 | | (a) A certifying health care professional who certifies a |
15 | | debilitating medical condition for a qualifying patient shall |
16 | | comply with all of the following requirements: |
17 | | (1) The certifying health care professional shall be |
18 | | currently licensed under the Medical Practice Act of 1987 |
19 | | to practice medicine in all its branches, the Nurse |
20 | | Practice Act, or the Physician Assistant Practice Act of |
21 | | 1987, shall be in good standing, and must hold a |
22 | | controlled substances license under Article III of the |
23 | | Illinois Controlled Substances Act. |
24 | | (2) A certifying health care professional certifying a |
25 | | patient's condition shall comply with generally accepted |
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1 | | standards of medical practice, the provisions of the Act |
2 | | under which he or she is licensed and all applicable |
3 | | rules. |
4 | | (3) The physical examination required by this Article |
5 | | may not be performed by remote means, including |
6 | | telemedicine. |
7 | | (4) The certifying health care professional shall |
8 | | maintain a record-keeping system for all patients for whom |
9 | | the certifying health care professional has certified the |
10 | | patient's medical condition. These records shall be |
11 | | accessible to and subject to review by the Commission upon |
12 | | request. |
13 | | (b) A certifying health care professional may not: |
14 | | (1) accept, solicit, or offer any form of remuneration |
15 | | from or to a qualifying patient, primary caregiver, |
16 | | cultivation center, or dispensing organization, including |
17 | | each principal officer, board member, agent, and employee, |
18 | | to certify a patient, other than accepting payment from a |
19 | | patient for the fee associated with the required |
20 | | examination, except for the limited purpose of performing |
21 | | a medical cannabis-related research study; |
22 | | (1.5) accept, solicit, or offer any form of |
23 | | remuneration from or to a medical cannabis cultivation |
24 | | center or dispensary organization for the purposes of |
25 | | referring a patient to a specific dispensary organization; |
26 | | (1.10) engage in any activity that is prohibited under |
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1 | | Section 22.2 of the Medical Practice Act of 1987, |
2 | | regardless of whether the certifying health care |
3 | | professional is a physician, advanced practice registered |
4 | | nurse, or physician assistant; |
5 | | (2) offer a discount of any other item of value to a |
6 | | qualifying patient who uses or agrees to use a particular |
7 | | primary caregiver or dispensing organization to obtain |
8 | | medical cannabis; |
9 | | (3) conduct a personal physical examination of a |
10 | | patient for purposes of diagnosing a debilitating medical |
11 | | condition at a location where medical cannabis is sold or |
12 | | distributed or at the address of a principal officer, |
13 | | agent, or employee or a medical cannabis organization; |
14 | | (4) hold a direct or indirect economic interest in a |
15 | | cultivation center or dispensing organization if he or she |
16 | | recommends the use of medical cannabis to qualified |
17 | | patients or is in a partnership or other fee or |
18 | | profit-sharing relationship with a certifying health care |
19 | | professional who recommends medical cannabis, except for |
20 | | the limited purpose of performing a medical |
21 | | cannabis-related research study; |
22 | | (5) serve on the board of directors or as an employee |
23 | | of a cultivation center or dispensing organization; |
24 | | (6) refer patients to a cultivation center, a |
25 | | dispensing organization, or a registered designated |
26 | | caregiver;
or |
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1 | | (7) advertise in a cultivation center or a dispensing |
2 | | organization. |
3 | | (c) The Commission may with reasonable cause investigate a |
4 | | certifying health care professional, who has certified a |
5 | | debilitating medical condition of a patient, for potential |
6 | | violations of this Section. |
7 | | (d) Any violation of this Section or any other provision |
8 | | of this Article or rules adopted under this Article is a |
9 | | violation of the certifying health care professional's |
10 | | licensure act.
|
11 | | (e) A certifying health care professional who certifies a |
12 | | debilitating medical condition for a qualifying patient may |
13 | | notify the Department of Public Health in writing: (1) if the |
14 | | certifying health care professional has reason to believe |
15 | | either that the
registered qualifying patient has ceased to |
16 | | suffer from a
debilitating medical condition; (2) that the |
17 | | bona fide health care professional-patient relationship has |
18 | | terminated; or (3) that continued use of medical cannabis |
19 | | would result in contraindication with the patient's
other |
20 | | medication. The registered qualifying patient's registry
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21 | | identification card shall be revoked by the Commission after |
22 | | receiving the certifying health care professional's |
23 | | notification. |
24 | | (f) Nothing in this Article shall preclude a certifying |
25 | | health care professional from referring a patient for health |
26 | | services, except when the referral is limited to certification |
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1 | | purposes only, under this Article. |
2 | | (410 ILCS 705/75-36 new) |
3 | | Sec. 75-36. Written certification. |
4 | | (a) A certification confirming a patient's debilitating |
5 | | medical condition shall be written on a form provided by the |
6 | | Commission and shall include, at a minimum, the following: |
7 | | (1) the qualifying patient's name, date of birth, home |
8 | | address, and primary telephone number; |
9 | | (2) the certifying health care professional's name, |
10 | | address, telephone number, email address, and medical, |
11 | | advanced practice registered nurse, or physician assistant |
12 | | license number, and the last 4 digits, only, of his or her |
13 | | active controlled substances license under the Illinois |
14 | | Controlled Substances Act and indication of specialty or |
15 | | primary area of clinical practice, if any; |
16 | | (3) the qualifying patient's debilitating medical |
17 | | condition; |
18 | | (4) a statement that the certifying health care |
19 | | professional has confirmed a diagnosis of a debilitating |
20 | | condition; is treating or managing treatment of the |
21 | | patient's debilitating condition; has a bona fide health |
22 | | care professional-patient relationship; has conducted an |
23 | | in-person physical examination; and has conducted a review |
24 | | of the patient's medical history, including reviewing |
25 | | medical records from other treating health care |
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1 | | professionals, if any, from the previous 12 months; |
2 | | (5) the certifying health care professional's |
3 | | signature and date of certification; and |
4 | | (6) a statement that a participant in possession of a |
5 | | written certification indicating a debilitating medical |
6 | | condition shall not be considered an unlawful user or |
7 | | addicted to narcotics solely as a result of his or her |
8 | | pending application to or participation in the |
9 | | Compassionate Use of Medical Cannabis Program. |
10 | | (b) A written certification does not constitute a |
11 | | prescription for medical cannabis. |
12 | | (c) Applications for qualifying patients under 18 years |
13 | | old shall require a written certification from a certifying |
14 | | health care professional and a reviewing certifying health |
15 | | care professional. |
16 | | (d) A certification confirming the patient's eligibility |
17 | | to participate in the Opioid Alternative Pilot Program shall |
18 | | be written on a form provided by the Department of Public |
19 | | Health and shall include, at a minimum, the following: |
20 | | (1) the participant's name, date of birth, home |
21 | | address, and primary telephone number; |
22 | | (2) the certifying health care professional's name, |
23 | | address, telephone number, email address, and medical, |
24 | | advanced practice registered nurse, or physician assistant |
25 | | license number, and the last 4 digits, only, of his or her |
26 | | active controlled substances license under the Illinois |
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1 | | Controlled Substances Act and indication of specialty or |
2 | | primary area of clinical practice, if any; |
3 | | (3) the certifying health care professional's |
4 | | signature and date; |
5 | | (4) the length of participation in the program, which |
6 | | shall be limited to no more than 90 days; |
7 | | (5) a statement identifying the patient has been |
8 | | diagnosed with and is currently undergoing treatment for a |
9 | | medical condition where an opioid has been or could be |
10 | | prescribed; and |
11 | | (6) a statement that a participant in possession of a |
12 | | written certification indicating eligibility to |
13 | | participate in the Opioid Alternative Pilot Program shall |
14 | | not be considered an unlawful user or addicted to |
15 | | narcotics solely as a result of his or her eligibility or |
16 | | participation in the program. |
17 | | (e) The Commission may provide a single certification form |
18 | | for subsections (a) and (d) of this Section, provided that all |
19 | | requirements of those subsections are included on the form. |
20 | | (f) The Commission shall not include the word "cannabis" |
21 | | on any application forms or written certification forms that |
22 | | it issues under this Section. |
23 | | (g) A written certification does not constitute a |
24 | | prescription. |
25 | | (h) It is unlawful for any person to knowingly submit a |
26 | | fraudulent certification to be a qualifying patient in the |
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1 | | Compassionate Use of Medical Cannabis Program or an Opioid |
2 | | Alternative Pilot Program participant. A violation of this |
3 | | subsection shall result in the person who has knowingly |
4 | | submitted the fraudulent certification being permanently |
5 | | banned from participating in the Compassionate Use of Medical |
6 | | Cannabis Program or the Opioid Alternative Pilot Program.
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7 | | (410 ILCS 705/75-40 new)
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8 | | Sec. 75-40. Discrimination prohibited. |
9 | | (a)(1) No school, employer, or landlord may refuse to |
10 | | enroll or lease to, or otherwise penalize, a person solely for |
11 | | his or her status as a registered qualifying patient or a |
12 | | registered designated caregiver, unless failing to do so would |
13 | | put the school, employer, or landlord in violation of federal |
14 | | law or unless failing to do so would cause it to lose a |
15 | | monetary or licensing-related benefit under federal law or |
16 | | rules. This does not prevent a landlord from prohibiting the |
17 | | smoking of cannabis on the premises. |
18 | | (2) For the purposes of medical care, including organ |
19 | | transplants, a registered qualifying patient's authorized use |
20 | | of cannabis in accordance with this Article is considered the |
21 | | equivalent of the authorized use of any other medication used |
22 | | at the direction of a certifying health care professional, and |
23 | | may not constitute the use of an illicit substance or |
24 | | otherwise disqualify a qualifying patient from needed medical |
25 | | care. |
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1 | | (b) A person otherwise entitled to custody of or |
2 | | visitation or parenting time with a minor may not be denied |
3 | | that right, and there is no presumption of neglect or child |
4 | | endangerment, for conduct allowed under this Article, unless |
5 | | the person's actions in relation to cannabis were such that |
6 | | they created an unreasonable danger to the safety of the minor |
7 | | as established by clear and convincing evidence. |
8 | | (c) No school, landlord, or employer may be penalized or |
9 | | denied any benefit under State law for enrolling, leasing to, |
10 | | or employing a cardholder. |
11 | | (d) Nothing in this Article may be construed to require a |
12 | | government medical assistance program, employer, property and |
13 | | casualty insurer, or private health insurer to reimburse a |
14 | | person for costs associated with the medical use of cannabis. |
15 | | (e) Nothing in this Article may be construed to require |
16 | | any person or establishment in lawful possession of property |
17 | | to allow a guest, client, customer, or visitor who is a |
18 | | registered qualifying patient to use cannabis on or in that |
19 | | property.
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20 | | (410 ILCS 705/75-45 new)
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21 | | Sec. 75-45. Addition of debilitating medical conditions. |
22 | | (a) Any resident may petition the Commission to add |
23 | | debilitating conditions or treatments to the list of |
24 | | debilitating medical conditions listed in subsection (h) of |
25 | | Section 75-10. The Commission shall approve or deny a petition |
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1 | | within 180 days of its submission, and, upon approval, shall |
2 | | proceed to add that condition by rule in accordance with the |
3 | | Illinois Administrative Procedure Act. The approval or denial |
4 | | of any petition is a final decision of the Commission, subject |
5 | | to judicial review. Jurisdiction and venue are vested in the |
6 | | Circuit Court.
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7 | | (b) The Commission shall accept petitions once annually |
8 | | for a one-month period determined by the Commission. During |
9 | | the open period, the Commission shall accept petitions from |
10 | | any resident requesting the addition of a new debilitating |
11 | | medical condition or disease to the list of approved |
12 | | debilitating medical conditions for which the use of cannabis |
13 | | has been shown to have a therapeutic or palliative effect. The |
14 | | Commission shall provide public notice 30 days before the open |
15 | | period for accepting petitions, which shall describe the time |
16 | | period for submission, the required format of the submission, |
17 | | and the submission address. |
18 | | (c) Each petition shall be limited to one proposed |
19 | | debilitating medical condition or disease. |
20 | | (d) A petitioner shall file one original petition in the |
21 | | format provided by the Commission and in the manner specified |
22 | | by the Commission. For a petition to be processed and |
23 | | reviewed, the following information shall be included: |
24 | | (1) The petition, prepared on forms provided by the |
25 | | Commission, in the manner specified by the Commission. |
26 | | (2) A specific description of the medical condition or |
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1 | | disease that is the subject of the petition. Each petition |
2 | | shall be limited to a single condition or disease. |
3 | | Information about the proposed condition or disease shall |
4 | | include: |
5 | | (A) the extent to which the condition or disease |
6 | | itself or the treatments cause severe suffering, such |
7 | | as severe or chronic pain, severe nausea or vomiting, |
8 | | or otherwise severely impair a person's ability to |
9 | | conduct activities of daily living; |
10 | | (B) information about why conventional medical |
11 | | therapies are not sufficient to alleviate the |
12 | | suffering caused by the disease or condition and its |
13 | | treatment; |
14 | | (C) the proposed benefits from the medical use of |
15 | | cannabis specific to the medical condition or disease; |
16 | | (D) evidence from the medical community and other |
17 | | experts supporting the use of medical cannabis to |
18 | | alleviate suffering caused by the condition, disease, |
19 | | or treatment; |
20 | | (E) letters of support from physicians or other |
21 | | licensed health care providers knowledgeable about the |
22 | | condition or disease, including, if feasible, a letter |
23 | | from a physician, advanced practice registered nurse, |
24 | | or physician assistant with whom the petitioner has a |
25 | | bona fide health care professional-patient |
26 | | relationship; |
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1 | | (F) any additional medical, testimonial, or |
2 | | scientific documentation; and |
3 | | (G) an electronic copy of all materials submitted. |
4 | | (3) Upon receipt of a petition, the Department shall: |
5 | | (A) determine whether the petition meets the |
6 | | standards for submission and, if so, shall accept the |
7 | | petition for further review; or |
8 | | (B) determine whether the petition does not meet |
9 | | the standards for submission and, if so, shall deny |
10 | | the petition without further review. |
11 | | (4) If the petition does not fulfill the standards for |
12 | | submission, the petition shall be considered deficient. |
13 | | The Commission shall notify the petitioner, who may |
14 | | correct any deficiencies and resubmit the petition during |
15 | | the next open period. |
16 | | (e) The petitioner may withdraw his or her petition by |
17 | | submitting a written statement to the Commission indicating |
18 | | withdrawal. |
19 | | (f) Upon review of accepted petitions, the Director shall |
20 | | render a final decision regarding the acceptance or denial of |
21 | | the proposed debilitating medical conditions or diseases. |
22 | | (g) The Commission shall convene a Medical Cannabis |
23 | | Advisory Board (Advisory Board) composed of 16 members, which |
24 | | shall include: |
25 | | (1) one medical cannabis patient advocate or |
26 | | designated caregiver; |
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1 | | (2) one parent or designated caregiver of a person |
2 | | under the age of 18 who is a qualified medical cannabis |
3 | | patient; |
4 | | (3) two registered nurses or nurse practitioners; |
5 | | (4) three registered qualifying patients, including |
6 | | one veteran; and |
7 | | (5) nine health care practitioners with current |
8 | | professional licensure in their field. The Advisory Board |
9 | | shall be composed of health care practitioners |
10 | | representing the following areas: |
11 | | (A) neurology; |
12 | | (B) pain management; |
13 | | (C) medical oncology; |
14 | | (D) psychiatry or mental health; |
15 | | (E) infectious disease; |
16 | | (F) family medicine; |
17 | | (G) general primary care; |
18 | | (H) medical ethics; |
19 | | (I) pharmacy; |
20 | | (J) pediatrics; or |
21 | | (K) psychiatry or mental health for children or |
22 | | adolescents. |
23 | | At least one appointed health care practitioner shall have |
24 | | direct experience related to the health care needs of veterans |
25 | | and at least one individual shall have pediatric experience. |
26 | | (h) Members of the Advisory Board shall be appointed by |
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1 | | the Governor. |
2 | | (1) Members shall serve a term of 4 years or until a |
3 | | successor is appointed and qualified. If a vacancy occurs, |
4 | | the Governor shall appoint a replacement to complete the |
5 | | original term created by the vacancy. |
6 | | (2) The Governor shall select a chairperson. |
7 | | (3) Members may serve multiple terms. |
8 | | (4) Members shall not have an affiliation with, serve |
9 | | on the board of, or have a business relationship with a |
10 | | registered cultivation center or a registered medical |
11 | | cannabis dispensary. |
12 | | (5) Members shall disclose any real or apparent |
13 | | conflicts of interest that may have a direct bearing of |
14 | | the subject matter, such as relationships with |
15 | | pharmaceutical companies, biomedical device |
16 | | manufacturers, or corporations whose products or services |
17 | | are related to the medical condition or disease to be |
18 | | reviewed. |
19 | | (6) Members shall not be paid but shall be reimbursed |
20 | | for travel expenses incurred while fulfilling the |
21 | | responsibilities of the Advisory Board. |
22 | | (i) On June 30, 2016 (the effective date of Public Act |
23 | | 99-519), the terms of office of the members of the Advisory |
24 | | Board serving on that date shall terminate and the Board shall |
25 | | be reconstituted. |
26 | | (j) The Advisory Board shall convene at the call of the |
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1 | | Chair: |
2 | | (1) to examine debilitating conditions or diseases |
3 | | that would benefit from the medical use of cannabis; and |
4 | | (2) to review new medical and scientific evidence |
5 | | pertaining to currently approved conditions. |
6 | | (k) The Advisory Board shall issue an annual report of its |
7 | | activities each year. |
8 | | (l) The Advisory Board shall receive administrative |
9 | | support from the Department. |
10 | | (410 ILCS 705/75-50 new)
|
11 | | Sec. 75-50. Employment; employer liability. |
12 | | (a) Nothing in this Article shall prohibit an employer |
13 | | from adopting reasonable regulations concerning the |
14 | | consumption, storage, or timekeeping requirements for |
15 | | qualifying patients related to the use of medical cannabis. |
16 | | (b) Nothing in this Article shall prohibit an employer |
17 | | from enforcing a policy concerning drug testing, |
18 | | zero-tolerance, or a drug free workplace provided the policy |
19 | | is applied in a nondiscriminatory manner. |
20 | | (c) Nothing in this Article shall limit an employer from |
21 | | disciplining a registered qualifying patient for violating a |
22 | | workplace drug policy. |
23 | | (d) Nothing in this Article shall limit an employer's |
24 | | ability to discipline an employee for failing a drug test if |
25 | | failing to do so would put the employer in violation of federal |
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1 | | law or cause it to lose a federal contract or funding. |
2 | | (e) Nothing in this Article shall be construed to create a |
3 | | defense for a third party who fails a drug test. |
4 | | (f) An employer may consider a registered qualifying |
5 | | patient to be impaired when he or she manifests specific, |
6 | | articulable symptoms while working that decrease or lessen his |
7 | | or her performance of the duties or tasks of the employee's job |
8 | | position, including symptoms of the employee's speech, |
9 | | physical dexterity, agility, coordination, demeanor, |
10 | | irrational or unusual behavior, negligence or carelessness in |
11 | | operating equipment or machinery, disregard for the safety of |
12 | | the employee or others, or involvement in an accident that |
13 | | results in serious damage to equipment or property, disruption |
14 | | of a production or manufacturing process, or carelessness that |
15 | | results in any injury to the employee or others. If an employer |
16 | | elects to discipline a qualifying patient under this |
17 | | subsection, it must afford the employee a reasonable |
18 | | opportunity to contest the basis of the determination. |
19 | | (g) Nothing in this Article shall be construed to create |
20 | | or imply a cause of action for any person against an employer |
21 | | for: (1) actions based on the employer's good faith belief |
22 | | that a registered qualifying patient used or possessed |
23 | | cannabis while on the employer's premises or during the hours |
24 | | of employment; (2) actions based on the employer's good faith |
25 | | belief that a registered qualifying patient was impaired while |
26 | | working on the employer's premises during the hours of |
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1 | | employment; (3) injury or loss to a third party if the employer |
2 | | neither knew nor had reason to know that the employee was |
3 | | impaired. |
4 | | (h) Nothing in this Article shall be construed to |
5 | | interfere with any federal restrictions on employment |
6 | | including but not limited to the United States Department of |
7 | | Transportation regulation 49 CFR 40.151(e).
|
8 | | (410 ILCS 705/75-55 new)
|
9 | | Sec. 75-55. Registration of qualifying patients and |
10 | | designated caregivers. |
11 | | (a) The Commission shall issue registry identification |
12 | | cards to qualifying patients and designated caregivers who |
13 | | submit a completed application, and at minimum, the following, |
14 | | in accordance with Commission rules: |
15 | | (1) A written certification, on a form developed by |
16 | | the Commission consistent with Section 75-36 and issued by |
17 | | a certifying health care professional, within 90 days |
18 | | immediately preceding the date of an application and |
19 | | submitted by the qualifying patient or his or her |
20 | | designated caregiver; |
21 | | (2) upon the execution of applicable privacy waivers, |
22 | | the patient's medical documentation related to his or her |
23 | | debilitating condition and any other information that may |
24 | | be reasonably required by the Commission to confirm that |
25 | | the certifying health care professional and patient have a |
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1 | | bona fide health care professional-patient relationship, |
2 | | that the qualifying patient is in the certifying health |
3 | | care professional's care for his or her debilitating |
4 | | medical condition, and to substantiate the patient's |
5 | | diagnosis; |
6 | | (3) the application or renewal fee as set by rule; |
7 | | (4) the name, address, date of birth, and social |
8 | | security number of the qualifying patient, except that if |
9 | | the applicant is unhoused no address is required; |
10 | | (5) the name, address, and telephone number of the |
11 | | qualifying patient's certifying health care professional; |
12 | | (6) the name, address, and date of birth of the |
13 | | designated caregiver, if any, chosen by the qualifying |
14 | | patient; |
15 | | (7) (blank); |
16 | | (8) signed statements from the patient and designated |
17 | | caregiver asserting that they will not divert medical |
18 | | cannabis; and |
19 | | (9) (blank).
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20 | | (b) Notwithstanding any other provision of this Article, a |
21 | | person provided a written certification for a debilitating |
22 | | medical condition who has submitted a completed online |
23 | | application to the Commission shall receive a provisional |
24 | | registration and be entitled to purchase medical cannabis from |
25 | | a licensed dispensing organization for a period of 90 days or |
26 | | until the person's application has been denied or the person |
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1 | | receives a registry identification card, whichever is earlier. |
2 | | However, a person may obtain an additional provisional |
3 | | registration after the expiration of 90 days after the date of |
4 | | application if the Commission does not provide the individual |
5 | | with a registry identification card or deny the individual's |
6 | | application within those 90 days. |
7 | | The provisional registration may not be extended if the |
8 | | individual does not respond to the Commission's request for |
9 | | additional information or corrections to required application |
10 | | documentation. |
11 | | In order for a person to receive medical cannabis under |
12 | | this subsection, a person must present his or her provisional |
13 | | registration along with a valid driver's license or State |
14 | | identification card to the licensed dispensing organization. |
15 | | The dispensing organization shall verify the person's |
16 | | provisional registration through the Department of Public |
17 | | Health's online verification system. |
18 | | Upon verification of the provided documents, the |
19 | | dispensing organization shall dispense no more than 2.5 ounces |
20 | | of medical cannabis during a 14-day period to the person for a |
21 | | period of 90 days, until the person's application has been |
22 | | denied, or until the person receives a registry identification |
23 | | card from the Department of Public Health, whichever is |
24 | | earlier. |
25 | | Persons with provisional registrations must keep their |
26 | | provisional registration in their possession at all times when |
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1 | | transporting or engaging in the medical use of cannabis. |
2 | | (c) No person or business shall charge a fee for |
3 | | assistance in the preparation, compilation, or submission of |
4 | | an application to the Compassionate Use of Medical Cannabis |
5 | | Program or the Opioid Alternative Pilot Program. A violation |
6 | | of this subsection is a Class C misdemeanor, for which |
7 | | restitution to the applicant and a fine of up to $1,500 may be |
8 | | imposed. All fines shall be deposited into the Compassionate |
9 | | Use of Medical Cannabis Fund after restitution has been made |
10 | | to the applicant. The Commission shall refer individuals |
11 | | making complaints against a person or business under this |
12 | | Section to the Illinois State Police, who shall enforce |
13 | | violations of this provision. All application forms issued by |
14 | | the Commission shall state that no person or business may |
15 | | charge a fee for assistance in the preparation, compilation, |
16 | | or submission of an application to the Compassionate Use of |
17 | | Medical Cannabis Program or the Opioid Alternative Pilot |
18 | | Program. |
19 | | (410 ILCS 705/75-57 new) |
20 | | Sec. 75-57. Qualifying patients. |
21 | | (a) Qualifying patients that are under the age of 18 years |
22 | | shall not be prohibited from appointing designated caregivers |
23 | | who meet the definition of "designated caregiver" under |
24 | | Section 75-10 so long as at least one designated caregiver is a |
25 | | biological parent or legal guardian.
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1 | | (b) Qualifying patients that are 18 years of age or older |
2 | | shall not be prohibited from appointing designated caregivers |
3 | | who meet the definition of "designated caregiver" under |
4 | | Section 75-10. |
5 | | (410 ILCS 705/75-60 new)
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6 | | Sec. 75-60. Issuance of registry identification cards. |
7 | | (a) Except as provided in subsection (b), the Department |
8 | | of Public Health shall: |
9 | | (1) verify the information contained in an application |
10 | | or renewal for a registry identification card submitted |
11 | | under this Article, and approve or deny an application or |
12 | | renewal, within 90 days of receiving a completed |
13 | | application or renewal application and all supporting |
14 | | documentation specified in Section 75-55; |
15 | | (2) issue registry identification cards to a |
16 | | qualifying patient and his or her designated caregiver, if |
17 | | any, within 15 business days of approving the application |
18 | | or renewal; |
19 | | (3) enter the registry identification number of the |
20 | | registered dispensing organization the patient designates |
21 | | into the verification system; and |
22 | | (4) allow for an electronic application process, and |
23 | | provide a confirmation by electronic or other methods that |
24 | | an application has been submitted. |
25 | | Notwithstanding any other provision of this Article, the |
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1 | | Commission shall adopt rules for qualifying patients and |
2 | | applicants with life-long debilitating medical conditions, who |
3 | | may be charged annual renewal fees. The Department of Public |
4 | | Health shall not require patients and applicants with |
5 | | life-long debilitating medical conditions to apply to renew |
6 | | registry identification cards. |
7 | | (b) The Commission may not issue a registry identification |
8 | | card to a qualifying patient who is under 18 years of age, |
9 | | unless that patient suffers from seizures, including those |
10 | | characteristic of epilepsy, or as provided by administrative |
11 | | rule. The Commission shall adopt rules for the issuance of a |
12 | | registry identification card for qualifying patients who are |
13 | | under 18 years of age and suffering from seizures, including |
14 | | those characteristic of epilepsy.
The Commission may adopt |
15 | | rules to allow other individuals under 18 years of age to |
16 | | become registered qualifying patients under this Article with |
17 | | the consent of a parent or legal guardian. Registered |
18 | | qualifying patients under 18 years of age shall be prohibited |
19 | | from consuming forms of cannabis other than medical cannabis |
20 | | infused products and purchasing any usable cannabis. |
21 | | (c) A veteran who has received treatment at a VA hospital |
22 | | is deemed to have a bona fide health care professional-patient |
23 | | relationship with a VA certifying health care professional if |
24 | | the patient has been seen for his or her debilitating medical |
25 | | condition at the VA hospital in accordance with VA hospital |
26 | | protocols.
All reasonable inferences regarding the existence |
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1 | | of a bona fide health care professional-patient relationship |
2 | | shall be drawn in favor of an applicant who is a veteran and |
3 | | has undergone treatment at a VA hospital. |
4 | | (c-10) An individual who submits an application as someone |
5 | | who is terminally ill shall have all fees waived. The |
6 | | Commission shall within 30 days after this amendatory Act of |
7 | | the 103rd General Assembly adopt emergency rules to expedite |
8 | | approval for terminally ill individuals. These rules shall |
9 | | include, but not be limited to, rules that provide that |
10 | | applications by individuals with terminal illnesses shall be |
11 | | approved or denied within 14 days of their submission. |
12 | | (d) No later than 6 months after the effective date of this |
13 | | amendatory Act of the 103rd General Assembly, the Secretary of |
14 | | State shall remove all existing notations on driving records |
15 | | that the person is a registered qualifying patient or his or |
16 | | her caregiver under this Article.
|
17 | | (e) Upon the approval of the registration and issuance of |
18 | | a registry card under this Section, the Commission shall |
19 | | electronically forward the registered qualifying patient's |
20 | | identification card information to the Prescription Monitoring |
21 | | Program established under the Illinois Controlled Substances |
22 | | Act and certify that the individual is permitted to engage in |
23 | | the medical use of cannabis. For the purposes of patient care, |
24 | | the Prescription Monitoring Program shall make a notation on |
25 | | the person's prescription record stating that the person is a |
26 | | registered qualifying patient who is entitled to the lawful |
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1 | | medical use of cannabis. If the person no longer holds a valid |
2 | | registry card, the Department of Public Health shall notify |
3 | | the Prescription Monitoring Program and Department of Human |
4 | | Services to remove the notation from the person's record. The |
5 | | Department of Human Services and the Prescription Monitoring |
6 | | Program shall establish a system by which the information may |
7 | | be shared electronically. This confidential list may not be |
8 | | combined or linked in any manner with any other list or |
9 | | database except as provided in this Section. |
10 | | (f) (Blank). |
11 | | (410 ILCS 705/75-62 new) |
12 | | Sec. 75-62. Opioid Alternative Pilot Program. |
13 | | (a) The Department of Public Health shall establish the |
14 | | Opioid Alternative Pilot Program and the Commission shall have |
15 | | oversight after July 1, 2023. Licensed dispensing |
16 | | organizations shall allow persons with a written certification |
17 | | from a certifying health care professional under Section 75-36 |
18 | | to purchase medical cannabis upon enrollment in the Opioid |
19 | | Alternative Pilot Program. The Department of Public Health |
20 | | shall adopt rules or establish procedures allowing qualified |
21 | | veterans to participate in the Opioid Alternative Pilot |
22 | | Program and after July 1, 2023 the Commission thereafter. For |
23 | | a person to receive medical cannabis under this Section, the |
24 | | person must present the written certification along with a |
25 | | valid driver's license or state identification card to the |
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1 | | licensed dispensing organization specified in his or her |
2 | | application. The dispensing organization shall verify the |
3 | | person's status as an Opioid Alternative Pilot Program |
4 | | participant through the Commission's online verification |
5 | | system. |
6 | | (b) The Opioid Alternative Pilot Program shall be limited |
7 | | to participation by Illinois residents age 21 and older. |
8 | | (c) The Commission shall specify that all licensed |
9 | | dispensing organizations participating in the Opioid |
10 | | Alternative Pilot Program use the Illinois Cannabis Tracking |
11 | | System. The Commission shall establish and maintain the |
12 | | Illinois Cannabis Tracking System. The Illinois Cannabis |
13 | | Tracking System shall be used to collect information about all |
14 | | persons participating in the Opioid Alternative Pilot Program |
15 | | and shall be used to track the sale of medical cannabis for |
16 | | verification purposes. |
17 | | Each dispensing organization shall retain a copy of the |
18 | | Opioid Alternative Pilot Program certification and other |
19 | | identifying information as required by the Commission in the |
20 | | Illinois Cannabis Tracking System. |
21 | | The Illinois Cannabis Tracking System shall be accessible |
22 | | to the Illinois State Police. |
23 | | The Commission shall specify the data requirements for the |
24 | | Opioid Alternative Pilot Program by licensed dispensing |
25 | | organizations; including, but not limited to, the |
26 | | participant's full legal name, address, and date of birth, |
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1 | | date on which the Opioid Alternative Pilot Program |
2 | | certification was issued, length of the participation in the |
3 | | Program, including the start and end date to purchase medical |
4 | | cannabis, name of the issuing physician, copy of the |
5 | | participant's current driver's license or State identification |
6 | | card, and phone number. |
7 | | The Illinois Cannabis Tracking System shall provide |
8 | | verification of a person's participation in the Opioid |
9 | | Alternative Pilot Program for law enforcement at any time and |
10 | | on any day. |
11 | | (d) The certification for Opioid Alternative Pilot Program |
12 | | participant must be issued by a certifying health care |
13 | | professional who is licensed to practice in Illinois under the |
14 | | Medical Practice Act of 1987, the Nurse Practice Act, or the |
15 | | Physician Assistant Practice Act of 1987 and who is in good |
16 | | standing and holds a controlled substances license under |
17 | | Article III of the Illinois Controlled Substances Act. |
18 | | The certification for an Opioid Alternative Pilot Program |
19 | | participant shall be written within 90 days before the |
20 | | participant submits his or her certification to the dispensing |
21 | | organization. |
22 | | The written certification uploaded to the Illinois |
23 | | Cannabis Tracking System shall be accessible to the |
24 | | Commission. |
25 | | (e) Upon verification of the individual's valid |
26 | | certification and enrollment in the Illinois Cannabis Tracking |
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1 | | System, the dispensing organization may dispense the medical |
2 | | cannabis, in amounts not exceeding 2.5 ounces of medical |
3 | | cannabis per 14-day period to the participant at the |
4 | | participant's specified dispensary for no more than 90 days. |
5 | | An Opioid Alternative Pilot Program participant shall not |
6 | | be registered as a medical cannabis cardholder. The dispensing |
7 | | organization shall verify that the person is not an active |
8 | | registered qualifying patient prior to enrollment in the |
9 | | Opioid Alternative Pilot Program and each time medical |
10 | | cannabis is dispensed. |
11 | | Upon receipt of a written certification under the Opioid |
12 | | Alternative Pilot Program, the Commission shall electronically |
13 | | forward the patient's identification information to the |
14 | | Prescription Monitoring Program established under the Illinois |
15 | | Controlled Substances Act and certify that the individual is |
16 | | permitted to engage in the medical use of cannabis. For the |
17 | | purposes of patient care, the Prescription Monitoring Program |
18 | | shall make a notation on the person's prescription record |
19 | | stating that the person has a written certification under the |
20 | | Opioid Alternative Pilot Program and is a patient who is |
21 | | entitled to the lawful medical use of cannabis. If the person |
22 | | is no longer authorized to engage in the medical use of |
23 | | cannabis, the Commission shall notify the Prescription |
24 | | Monitoring Program and Department of Human Services to remove |
25 | | the notation from the person's record. The Department of Human |
26 | | Services and the Prescription Monitoring Program shall |
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1 | | establish a system by which the information may be shared |
2 | | electronically. This confidential list may not be combined or |
3 | | linked in any manner with any other list or database except as |
4 | | provided in this Section. |
5 | | (f) An Opioid Alternative Pilot Program participant shall |
6 | | not be considered a qualifying patient with a debilitating |
7 | | medical condition under this Article and shall be provided |
8 | | access to medical cannabis solely for the duration of the |
9 | | participant's certification. Nothing in this Section shall be |
10 | | construed to limit or prohibit an Opioid Alternative Pilot |
11 | | Program participant who has a debilitating medical condition |
12 | | from applying to the Compassionate Use of Medical Cannabis |
13 | | Program. |
14 | | (g) A person with a provisional registration under Section |
15 | | 75-55 shall not be considered an Opioid Alternative Pilot |
16 | | Program participant. |
17 | | (h) The Department of Financial and Professional |
18 | | Regulation and the Department of Public Health shall submit |
19 | | emergency rulemaking to implement the changes made by this |
20 | | amendatory Act of the 103rd General Assembly by December 1, |
21 | | 2018. The Department of Financial and Professional Regulation, |
22 | | the Department of Agriculture, the Department of Human |
23 | | Services, the Department of Public Health, and the Illinois |
24 | | State Police shall utilize emergency purchase authority for 12 |
25 | | months after the effective date of this amendatory Act of the |
26 | | 103rd General Assembly for the purpose of implementing the |
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1 | | changes made by this amendatory Act of the 103rd General |
2 | | Assembly. |
3 | | (i) Dispensing organizations are not authorized to |
4 | | dispense medical cannabis to Opioid Alternative Pilot Program |
5 | | participants until administrative rules are approved by the |
6 | | Joint Committee on Administrative Rules and go into effect. |
7 | | (j) The provisions of this Section are inoperative on and |
8 | | after July 1, 2025.
|
9 | | (410 ILCS 705/75-65 new)
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10 | | Sec. 75-65. Denial of registry identification cards. |
11 | | (a) The Commission may deny an application or renewal of a |
12 | | qualifying patient's registry identification card only if the |
13 | | applicant: |
14 | | (1) did not provide the required information and |
15 | | materials; |
16 | | (2) previously had a registry identification card |
17 | | revoked; |
18 | | (3) did not meet the requirements of this Article; |
19 | | (4) provided false or falsified information; or |
20 | | (5) violated any requirement of this Article. |
21 | | (b) (Blank). |
22 | | (b-5) (Blank). |
23 | | (c) The Commission may deny an application or renewal for |
24 | | a designated caregiver chosen by a qualifying patient whose |
25 | | registry identification card was granted only if: |
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1 | | (1) the designated caregiver does not meet the |
2 | | requirements of subsection (i) of Section 75-10; |
3 | | (2) the applicant did not provide the information |
4 | | required; |
5 | | (3) the prospective patient's application was denied; |
6 | | (4) the designated caregiver previously had a registry |
7 | | identification card revoked; |
8 | | (5) the applicant or the designated caregiver provided |
9 | | false or falsified information; or |
10 | | (6) violated any requirement of this Article. |
11 | | (d) (Blank). |
12 | | (e) The Commission shall notify the qualifying patient who |
13 | | has designated someone to serve as the patient's designated |
14 | | caregiver if a registry identification card will not be issued |
15 | | to the designated caregiver. |
16 | | (f) Denial of an application or renewal is considered a |
17 | | final Commission action, subject to judicial review. |
18 | | Jurisdiction and venue for judicial review are vested in the |
19 | | Circuit Court.
|
20 | | (410 ILCS 705/75-70 new)
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21 | | Sec. 75-70. Registry identification cards. |
22 | | (a) A registered qualifying patient or designated |
23 | | caregiver must keep their registry identification card in the |
24 | | patient's or caregiver's possession at all times when engaging |
25 | | in the medical use of cannabis. |
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1 | | (b) Registry identification cards shall contain the |
2 | | following: |
3 | | (1) the name of the cardholder; |
4 | | (2) a designation of whether the cardholder is a |
5 | | designated caregiver or qualifying patient; |
6 | | (3) the date of issuance and expiration date of the |
7 | | registry identification card; |
8 | | (4) a random alphanumeric identification number that |
9 | | is unique to the cardholder; |
10 | | (5) if the cardholder is a designated caregiver, the |
11 | | random alphanumeric identification number of the |
12 | | registered qualifying patient the designated caregiver is |
13 | | receiving the registry identification card to assist; and |
14 | | (6) a photograph of the cardholder, if required by |
15 | | Commission rules. |
16 | | (c) To maintain a valid registration identification card, |
17 | | a registered qualifying patient and caregiver must annually |
18 | | resubmit, at least 45 days prior to the expiration date stated |
19 | | on the registry identification card, a completed renewal |
20 | | application, renewal fee, and accompanying documentation as |
21 | | described in Commission rules. The Commission shall send a |
22 | | notification to a registered qualifying patient or registered |
23 | | designated caregiver 90 days prior to the expiration of the |
24 | | registered qualifying patient's or registered designated |
25 | | caregiver's identification card. If the Commission fails to |
26 | | grant or deny a renewal application received in accordance |
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1 | | with this Section, then the renewal is deemed granted and the |
2 | | registered qualifying patient or registered designated |
3 | | caregiver may continue to use the expired identification card |
4 | | until the Commission denies the renewal or issues a new |
5 | | identification card. |
6 | | (d) Except as otherwise provided in this Section, the |
7 | | expiration date is 3 years after the date of issuance. |
8 | | (e) The Commission may electronically store in the card |
9 | | any or all of the information listed in subsection (b), along |
10 | | with the address and date of birth of the cardholder and the |
11 | | qualifying patient's designated dispensary organization, to |
12 | | allow it to be read by law enforcement agents.
|
13 | | (410 ILCS 705/75-75 new)
|
14 | | Sec. 75-75. Notifications to Commission and responses; |
15 | | civil penalty. |
16 | | (a) The following notifications and Commission responses |
17 | | are required: |
18 | | (1) A registered qualifying patient shall notify the |
19 | | Commission of any change in the patient's name or address, |
20 | | or if the registered qualifying patient ceases to have the |
21 | | debilitating medical condition, within 10 days of the |
22 | | change. |
23 | | (2) A registered designated caregiver shall notify the |
24 | | Commission of any change in the caregiver's name or |
25 | | address, or if the designated caregiver becomes aware the |
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1 | | registered qualifying patient passed away, within 10 days |
2 | | of the change. |
3 | | (3) Before a registered qualifying patient changes the |
4 | | patient's designated caregiver, the qualifying patient |
5 | | must notify the Commission. |
6 | | (4) If a cardholder loses the cardholder's registry |
7 | | identification card, he or she shall notify the Commission |
8 | | within 10 days of becoming aware the card has been lost. |
9 | | (b) When a cardholder notifies the Commission of items |
10 | | listed in subsection (a), but remains eligible under this |
11 | | Article, the Commission shall issue the cardholder a new |
12 | | registry identification card with a new random alphanumeric |
13 | | identification number within 15 business days of receiving the |
14 | | updated information and a fee as specified in Commission |
15 | | rules. If the person notifying the Commission is a registered |
16 | | qualifying patient, the Department shall also issue his or her |
17 | | registered designated caregiver, if any, a new registry |
18 | | identification card within 15 business days of receiving the |
19 | | updated information. |
20 | | (c) If a registered qualifying patient ceases to be a |
21 | | registered qualifying patient or changes his or her registered |
22 | | designated caregiver, the Commission shall promptly notify the |
23 | | designated caregiver. The registered designated caregiver's |
24 | | protections under this Article as to that qualifying patient |
25 | | shall expire 15 days after notification by the Department. |
26 | | (d) A cardholder who fails to make a notification to the |
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1 | | Commission that is required by this Section is subject to a |
2 | | civil infraction, punishable by a penalty of no more than |
3 | | $150. |
4 | | (e) If the registered qualifying patient's certifying |
5 | | health care professional notifies the Department in writing |
6 | | that either the registered qualifying patient has ceased to |
7 | | suffer from a debilitating medical condition, that the bona |
8 | | fide health care professional-patient relationship has |
9 | | terminated, or that continued use of medical
cannabis would |
10 | | result in contraindication with the patient's
other |
11 | | medication, the card shall become null and void. However, the |
12 | | registered qualifying patient shall have 15 days to destroy |
13 | | his or her remaining medical cannabis and related |
14 | | paraphernalia.
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15 | | (410 ILCS 705/75-80 new)
|
16 | | Sec. 75-80. Preparation of cannabis infused products. |
17 | | (a) Notwithstanding any other provision of law, neither |
18 | | the Department of Public Health nor the Commission nor the |
19 | | health department of a unit of local government may regulate |
20 | | the service of food by a registered cultivation center or |
21 | | registered dispensing organization provided that all of the |
22 | | following conditions are met: |
23 | | (1) No cannabis infused products requiring |
24 | | refrigeration or hot-holding shall be manufactured at a |
25 | | cultivation center for sale or distribution at a |
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1 | | dispensing organization due to the potential for |
2 | | food-borne illness. |
3 | | (2) Baked products infused with medical cannabis (such |
4 | | as brownies, bars, cookies, cakes), tinctures, and other |
5 | | non-refrigerated items are acceptable for sale at |
6 | | dispensing organizations. The products are allowable for |
7 | | sale only at registered dispensing organizations. |
8 | | (3) All items shall be individually wrapped at the |
9 | | original point of preparation. The packaging of the |
10 | | medical cannabis infused product shall conform to the |
11 | | labeling requirements of the Illinois Food, Drug and |
12 | | Cosmetic Act and shall include the following information |
13 | | on each product offered for sale or distribution: |
14 | | (A) the name and address of the registered |
15 | | cultivation center where the item was manufactured; |
16 | | (B) the common or usual name of the item; |
17 | | (C) all ingredients of the item, including any |
18 | | colors, artificial flavors, and preservatives, listed |
19 | | in descending order by predominance of weight shown |
20 | | with common or usual names; |
21 | | (D) the following phrase: "This product was |
22 | | produced in a medical cannabis cultivation center not |
23 | | subject to public health inspection that may also |
24 | | process common food allergens."; |
25 | | (E) allergen labeling as specified in the Federal |
26 | | Food, Drug and Cosmetics Act, Federal Fair Packaging |
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1 | | and Labeling Act, and the Illinois Food, Drug and |
2 | | Cosmetic Act; |
3 | | (F) the pre-mixed total weight (in ounces or |
4 | | grams) of usable cannabis in the package; |
5 | | (G) a warning that the item is a medical cannabis |
6 | | infused product and not a food must be distinctly and |
7 | | clearly legible on the front of the package; |
8 | | (H) a clearly legible warning emphasizing that the |
9 | | product contains medical cannabis and is intended for |
10 | | consumption by registered qualifying patients only;
|
11 | | and |
12 | | (I) date of manufacture and "use by date". |
13 | | (4) Any dispensing organization that sells edible |
14 | | cannabis infused products must display a placard that |
15 | | states the following: "Edible cannabis infused products |
16 | | were produced in a kitchen not subject to public health |
17 | | inspections that may also process common food allergens." |
18 | | The placard shall be no smaller than 24" tall by 36" wide, |
19 | | with typed letters no smaller than 2". The placard shall |
20 | | be clearly visible and readable by customers and shall be |
21 | | written in English. |
22 | | (5) Cannabis infused products for sale or distribution |
23 | | at a dispensing organization must be prepared by an |
24 | | approved staff member of a registered cultivation center. |
25 | | (6) A cultivation center that prepares cannabis |
26 | | infused products for sale or distribution at a dispensing |
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1 | | organization shall be under the operational supervision of |
2 | | a Department of Public Health certified food service |
3 | | sanitation manager. |
4 | | (b) The Commission in collaboration with the Department of |
5 | | Public Health shall adopt rules for the manufacture of medical |
6 | | cannabis-infused products and shall enforce these provisions, |
7 | | and for that purpose it may at all times enter every building, |
8 | | room, basement, enclosure, or premises occupied or used or |
9 | | suspected of being occupied or used for the production, |
10 | | preparation, manufacture for sale, storage, sale, distribution |
11 | | or transportation of medical cannabis edible products, to |
12 | | inspect the premises and all utensils, fixtures, furniture, |
13 | | and machinery used for the preparation of these products. |
14 | | (c) If a local health organization has a reasonable belief |
15 | | that a cultivation center's cannabis-infused product poses a |
16 | | public health hazard, it may refer the cultivation center to |
17 | | the Department of Public Health and the Commission. If the |
18 | | Department of Public Health in collaboration with the |
19 | | Commission finds that a cannabis-infused product poses a |
20 | | health hazard, the Commission may without administrative |
21 | | procedure to bond, bring an action for immediate injunctive |
22 | | relief to require that action be taken as the court may deem |
23 | | necessary to meet the hazard of the cultivation center.
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24 | | (410 ILCS 705/75-115.5 new) |
25 | | Sec. 75-115.5. Social Equity Justice Involved Medical |
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1 | | Lottery. |
2 | | (a) In this Section: |
3 | | "By lot" has the same meaning as defined in Section 1-10. |
4 | | "Qualifying Applicant" has the same meaning as defined in |
5 | | subsection (a-5) of Section 75-115. |
6 | | "Social Equity Justice Involved Applicant" has the same |
7 | | meaning as defined in subsection (a-5) of Section 75-115. |
8 | | "Social Equity Justice Involved Medical Lottery" means the |
9 | | process of issuing 5 available medical cannabis dispensing |
10 | | organization registrations by lot, conducted by the Department |
11 | | of Financial and Professional Regulation, for applicants who |
12 | | are either: (i) Social Equity Justice Involved Applicants; or |
13 | | (ii) Qualifying Applicants. |
14 | | (b) The Department of Financial and Professional |
15 | | Regulation and, after July 1, 2023, the Commission, shall |
16 | | conduct a Social Equity Justice Involved Medical Lottery to |
17 | | award up to 5 medical cannabis dispensing organization |
18 | | registrations by lot in accordance with Section 75-115. |
19 | | (c) The Department of Financial and Professional |
20 | | Regulation and, after July 1, 2023, the Commission, shall |
21 | | adopt rules through emergency rulemaking in accordance with |
22 | | subsection (kk) of Section 5-45 of the Illinois Administrative |
23 | | Procedure Act to create a registration process, a streamlined |
24 | | application, an application fee not to exceed $5,000 for |
25 | | purposes of this Section, and limits on the number of entries |
26 | | into the Social Equity Justice Involved Medical Lottery, as |
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1 | | well as any other measures to reduce barriers to enter the |
2 | | cannabis industry. The General Assembly finds that the |
3 | | adoption of rules to regulate cannabis use is deemed an |
4 | | emergency and necessary for the public interest, safety, and |
5 | | welfare. |
6 | | (d) Social Equity Justice Involved Applicants awarded a |
7 | | registration under subsection (a-5) of Section 75-115 are |
8 | | eligible to serve purchasers at the same site and a secondary |
9 | | site under this Act, subject to application and inspection |
10 | | processes established by the Department. The licenses issued |
11 | | under this Section shall be valid for 2 years after the date of |
12 | | issuance and shall renew in the manner proscribed by the |
13 | | Department. |
14 | | (e) No applicant may be awarded more than one medical |
15 | | cannabis dispensing organization registration at the |
16 | | conclusion of the lottery conducted under this Section. |
17 | | (f) No individual may be listed as a principal officer of |
18 | | more than one medical cannabis dispensing organization |
19 | | registration awarded under this Section.
|
20 | | (410 ILCS 705/75-140 new)
|
21 | | Sec. 75-140. Local ordinances. A unit of local government |
22 | | may enact reasonable zoning ordinances or resolutions, not in |
23 | | conflict with this Article or with Department of Agriculture |
24 | | or Department of Financial and Professional Regulation rules, |
25 | | regulating registered medical cannabis cultivation center or |
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1 | | medical cannabis dispensing organizations. No unit of local |
2 | | government, including a home rule unit, or school district may |
3 | | regulate registered medical cannabis organizations other than |
4 | | as provided in this Article and may not unreasonably prohibit |
5 | | the cultivation, dispensing, and use of medical cannabis |
6 | | authorized by this Article. This Section is a denial and |
7 | | limitation under subsection (i) of Section 6 of Article VII of |
8 | | the Illinois Constitution on the concurrent exercise by home |
9 | | rule units of powers and functions exercised by the State.
|
10 | | (410 ILCS 705/75-145 new)
|
11 | | Sec. 75-145. Confidentiality. |
12 | | (a) The following information received and records kept by |
13 | | the
Department of Public Health, Department of Financial and |
14 | | Professional Regulation, Department of Agriculture, or |
15 | | Illinois State Police and, after July 1, 2023, the Commission, |
16 | | for purposes of administering this Article are subject to all |
17 | | applicable federal privacy laws, confidential, and exempt from |
18 | | the Freedom of Information Act, and not subject to disclosure |
19 | | to any individual or public or private entity, except as |
20 | | necessary for authorized employees of those authorized |
21 | | agencies to perform official duties under this Article and the |
22 | | following information received and records kept by the |
23 | | Department of Public Health, Department of Agriculture, |
24 | | Department of Financial and Professional Regulation, Illinois |
25 | | State Police, and the Commission excluding any existing or |
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1 | | non-existing Illinois or national criminal history record |
2 | | information as defined in subsection (d), may be disclosed to |
3 | | each other upon request: |
4 | | (1) Applications and renewals, their contents, and |
5 | | supporting information submitted by qualifying patients |
6 | | and designated caregivers, including information regarding |
7 | | their designated caregivers and certifying health care |
8 | | professionals. |
9 | | (2) Applications and renewals, their contents, and |
10 | | supporting information submitted by or on behalf of |
11 | | cultivation centers and dispensing organizations in |
12 | | compliance with this Article, including their physical |
13 | | addresses. This does not preclude the release of ownership |
14 | | information of cannabis business establishment licenses. |
15 | | (3) The individual names and other information |
16 | | identifying persons to whom the Department of Public |
17 | | Health has issued registry identification cards. |
18 | | (4) Any dispensing information required to be kept |
19 | | under Section 75-135, Section 75-150, or Department of |
20 | | Public Health, Department of Agriculture, Department of |
21 | | Financial and Professional Regulation, and Commission |
22 | | rules shall identify cardholders and registered |
23 | | cultivation centers by their registry identification |
24 | | numbers and medical cannabis dispensing organizations by |
25 | | their registration number and not contain names or other |
26 | | personally identifying information. |
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1 | | (5) All medical records provided to the Department of |
2 | | Public Health and the Commission in connection with an |
3 | | application for a registry card. |
4 | | (b) Nothing in this Section precludes the following: |
5 | | (1) Department of Agriculture, Department of Financial |
6 | | and Professional Regulation, Public Health, or Commission |
7 | | employees may notify law enforcement about falsified or |
8 | | fraudulent information submitted to the Departments if the |
9 | | employee who suspects that falsified or fraudulent |
10 | | information has been submitted conferred with his or her |
11 | | supervisor and both agree that circumstances exist that |
12 | | warrant reporting. |
13 | | (2) If the employee conferred with the employee's |
14 | | supervisor and both agree that circumstances exist that |
15 | | warrant reporting, Commission employees may notify the |
16 | | Department of Financial and Professional Regulation if |
17 | | there is reasonable cause to believe a certifying health |
18 | | care professional: |
19 | | (A) issued a written certification without a bona |
20 | | fide health care professional-patient relationship |
21 | | under this Article; |
22 | | (B) issued a written certification to a person who |
23 | | was not under the certifying health care |
24 | | professional's care for the debilitating medical |
25 | | condition; or |
26 | | (C) failed to abide by the acceptable and |
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1 | | prevailing standard of care when evaluating a |
2 | | patient's medical condition. |
3 | | (3) The Department of Public Health, Department of |
4 | | Agriculture, and Department of Financial and Professional |
5 | | Regulation and, after July 1, 2023, the Commission, may |
6 | | notify State or local law enforcement about apparent |
7 | | criminal violations of this Article if the employee who |
8 | | suspects the offense has conferred with the employee's |
9 | | supervisor and both agree that circumstances exist that |
10 | | warrant reporting. |
11 | | (4) Medical cannabis cultivation center agents and |
12 | | medical cannabis dispensing organizations may notify the |
13 | | Department of Public Health, Department of Financial and |
14 | | Professional Regulation, or Department of Agriculture and, |
15 | | after July 1, 2023, the Commission, of a suspected |
16 | | violation or attempted violation of this Article or the |
17 | | rules issued under it. |
18 | | (5) The Commission may verify registry identification |
19 | | cards under Section 75-150. |
20 | | (6) The submission of the report to the General |
21 | | Assembly under Section 75-160. |
22 | | (b-5) Each Department responsible for licensure under this |
23 | | Article shall publish on the Department's website a list of |
24 | | the ownership information of cannabis business establishment |
25 | | licensees under the Department's jurisdiction. The list shall |
26 | | include, but shall not be limited to, the name of the person or |
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1 | | entity holding each cannabis business establishment license |
2 | | and the address at which the entity is operating under this |
3 | | Article. This list shall be published and updated monthly. |
4 | | (c) Except for any ownership information released pursuant |
5 | | to subsection (b-5) or as otherwise authorized or required by |
6 | | law, it is a Class B misdemeanor with a $1,000 fine for any |
7 | | person, including an employee or official of the Department of |
8 | | Public Health, Department of Financial and Professional |
9 | | Regulation, or Department of Agriculture or another State |
10 | | agency or local government, to breach the confidentiality of |
11 | | information obtained under this Article.
|
12 | | (d) The Department of Public Health, the Department of |
13 | | Agriculture, the Illinois State Police, and the Department of |
14 | | Financial and Professional Regulation shall not share or |
15 | | disclose any existing or non-existing Illinois or national |
16 | | criminal history record information. For the purposes of this |
17 | | Section, "any existing or non-existing Illinois or national |
18 | | criminal history record information" means any Illinois or |
19 | | national criminal history record information, including but |
20 | | not limited to the lack of or non-existence of these records. |
21 | | (410 ILCS 705/75-170 new)
|
22 | | Sec. 75-170. Enforcement of this Article. |
23 | | (a) If a Department fails to adopt rules to implement this |
24 | | Article within the times provided for in this Article, any |
25 | | citizen may commence a mandamus action in the Circuit Court to |
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1 | | compel the Departments to perform the actions mandated under |
2 | | the provisions of this Article. |
3 | | (b) If the Department of Public Health, Department of |
4 | | Agriculture, or Department of Financial and Professional |
5 | | Regulation fails to issue a valid identification card in |
6 | | response to a valid application or renewal submitted under |
7 | | this Article or fails to issue a verbal or written notice of |
8 | | denial of the application within 30 days of its submission, |
9 | | the identification card is deemed granted, and a copy of the |
10 | | registry identification application, including a valid written |
11 | | certification in the case of patients, or renewal shall be |
12 | | deemed a valid registry identification card. |
13 | | (c) Authorized employees of State or local law enforcement |
14 | | agencies shall immediately notify the Department of Public |
15 | | Health when any person in possession of a registry |
16 | | identification card has been determined by a court of law to |
17 | | have willfully violated the provisions of this Article or has |
18 | | pled guilty to the offense.
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19 | | (410 ILCS 705/75-173 new) |
20 | | Sec. 75-173. Conflicts of law. To the extent that any |
21 | | provision of this Article conflicts with any Act that allows |
22 | | the recreational use of cannabis, the provisions of that Act |
23 | | shall control.
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24 | | (410 ILCS 705/75-175 new)
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1 | | Sec. 75-175. Administrative hearings. |
2 | | (a) Administrative hearings involving the Department of |
3 | | Public Health, a qualifying patient, or a designated caregiver |
4 | | shall be conducted under the Department of Public Health's |
5 | | rules governing administrative hearings. |
6 | | (b) Administrative hearings involving the Department of |
7 | | Financial and Professional Regulation, dispensing |
8 | | organizations, or dispensing organization agents shall be |
9 | | conducted under the Department of Financial and Professional |
10 | | Regulation's rules governing administrative hearings. |
11 | | (c) Administrative hearings involving the Department of |
12 | | Agriculture, registered cultivation centers, or cultivation |
13 | | center agents shall be conducted under the Department of |
14 | | Agriculture's rules governing administrative hearings.
|
15 | | (410 ILCS 705/75-180 new)
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16 | | Sec. 75-180. Destruction of medical cannabis. |
17 | | (a) All cannabis byproduct, scrap, and harvested cannabis |
18 | | not intended for distribution to a medical cannabis |
19 | | organization must be destroyed and disposed of pursuant to |
20 | | State law. Documentation of destruction and disposal shall be |
21 | | retained at the cultivation center for a period of not less |
22 | | than 5 years. |
23 | | (b) A cultivation center shall prior to the destruction, |
24 | | notify the Department of Agriculture and the Illinois State |
25 | | Police. |
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1 | | (c) The cultivation center shall keep record of the date |
2 | | of destruction and how much was
destroyed. |
3 | | (d) A dispensary organization shall destroy all cannabis, |
4 | | including cannabis-infused products, that are not sold to |
5 | | registered qualifying patients. Documentation of destruction |
6 | | and disposal shall be retained at the dispensary organization |
7 | | for a period of not less than 5 years. |
8 | | (e) A dispensary organization shall prior to the |
9 | | destruction, notify the Department of Financial and |
10 | | Professional Regulation and the Illinois State Police.
|
11 | | (410 ILCS 705/75-185 new)
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12 | | Sec. 75-185. Suspension revocation of a registration. |
13 | | (a) The Department of Agriculture, the Department of |
14 | | Financial and Professional Regulation, and the Department of |
15 | | Public Health may suspend or revoke a registration for |
16 | | violations of this Article and rules issued in accordance with |
17 | | this Section. |
18 | | (b) The suspension or revocation of a registration is a |
19 | | final Department action, subject to judicial review. |
20 | | Jurisdiction and venue for judicial review are vested in the |
21 | | Circuit Court.
|
22 | | (410 ILCS 705/75-190 new)
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23 | | Sec. 75-190. Medical Cannabis Cultivation Privilege Tax |
24 | | Law. Sections 75-190 through 75-215 may be cited as the |
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1 | | Medical Cannabis Cultivation Privilege Tax Law.
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2 | | (410 ILCS 705/75-195 new)
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3 | | Sec. 75-195. Definitions. As used in this Article: |
4 | | "Cultivation center" has the meaning ascribed to that term |
5 | | in Section 1-10. |
6 | | "Department" means the Department of Revenue. |
7 | | "Dispensing organization" has the meaning ascribed to that |
8 | | term in Section 1-10. |
9 | | "Person" means an individual, partnership, corporation, or |
10 | | public or private organization. |
11 | | "Qualifying patient" means a qualifying patient registered |
12 | | under the Compassionate Use of Medical Cannabis Program.
|
13 | | (410 ILCS 705/75-200 new)
|
14 | | Sec. 75-200. Tax imposed. |
15 | | (a) Beginning on the effective date of this Article, a tax |
16 | | is imposed upon the privilege of cultivating medical cannabis |
17 | | at a rate of 7% of the sales price per ounce. The proceeds from |
18 | | this tax shall be deposited into the Compassionate Use of |
19 | | Medical Cannabis Fund created under Article 75. This tax shall |
20 | | be paid by a cultivation center and is not the responsibility |
21 | | of a dispensing organization or a qualifying patient. |
22 | | (b) The tax imposed under this Article shall be in |
23 | | addition to all other occupation or privilege taxes imposed by |
24 | | the State of Illinois or by any municipal corporation or |
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1 | | political subdivision thereof.
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2 | | (410 ILCS 705/75-205 new)
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3 | | Sec. 75-205. Department enforcement. |
4 | | (a) Every person subject to the tax under this Article |
5 | | shall apply to the Department (upon a form prescribed and |
6 | | furnished by the Department) for a certificate of registration |
7 | | under this Article. Application for a certificate of |
8 | | registration shall be made to the Department upon forms |
9 | | furnished by the Department. The certificate of registration |
10 | | which is issued by the Department to a retailer under the |
11 | | Retailers' Occupation Tax Act shall permit the taxpayer to |
12 | | engage in a business which is taxable under this Article |
13 | | without registering separately with the Department. |
14 | | (b) The Department shall have full power to administer and |
15 | | enforce this Article, to collect all taxes and penalties due |
16 | | hereunder, to dispose of taxes and penalties so collected in |
17 | | the manner hereinafter provided, and to determine all rights |
18 | | to credit memoranda, arising on account of the erroneous |
19 | | payment of tax or penalty hereunder. In the administration of, |
20 | | and compliance with, this Article, the Department and persons |
21 | | who are subject to this Article shall have the same rights, |
22 | | remedies, privileges, immunities, powers and duties, and be |
23 | | subject to the same conditions, restrictions, limitations, |
24 | | penalties and definitions of terms, and employ the same modes |
25 | | of procedure, as are prescribed in Sections 1, 1a, 2 through |
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1 | | 2-65 (in respect to all provisions therein other than the |
2 | | State rate of tax), 2a, 2b, 2c, 3 (except provisions relating |
3 | | to transaction returns and quarter monthly payments, and |
4 | | except for provisions that are inconsistent with this |
5 | | Article), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, |
6 | | 6c, 7, 8, 9, 10, 11, 11a, 12 and 13 of the Retailers' |
7 | | Occupation Tax Act and Section 3-7 of the Uniform Penalty and |
8 | | Interest Act as fully as if those provisions were set forth |
9 | | herein.
|
10 | | (410 ILCS 705/75-210 new)
|
11 | | Sec. 75-210. Returns. |
12 | | (a) This subsection (a) applies to returns due on or |
13 | | before the effective date of this amendatory Act of the 103rd |
14 | | General Assembly. On or before the twentieth day of each |
15 | | calendar month, every person subject to the tax imposed under |
16 | | this Article during the preceding calendar month shall file a |
17 | | return with the Department, stating: |
18 | | (1) The name of the taxpayer; |
19 | | (2) The number of ounces of medical cannabis sold to a |
20 | | dispensing organization or a registered qualifying patient |
21 | | during the preceding calendar month; |
22 | | (3) The amount of tax due; |
23 | | (4) The signature of the taxpayer; and |
24 | | (5) Such other reasonable information as the
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25 | | Department may require. |
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1 | | If a taxpayer fails to sign a return within 30 days after |
2 | | the proper notice and demand for signature by the Department, |
3 | | the return shall be considered valid and any amount shown to be |
4 | | due on the return shall be deemed assessed. |
5 | | The taxpayer shall remit the amount of the tax due to the |
6 | | Department at the time the taxpayer files his or her return.
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7 | | (b) Beginning on the effective date of this amendatory Act |
8 | | of the 103rd General Assembly, Section 65-20 shall apply to |
9 | | returns filed and taxes paid under this Article to the same |
10 | | extent as if those provisions were set forth in full in this |
11 | | Section. |
12 | | (410 ILCS 705/75-215 new)
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13 | | Sec. 75-215. Rules. The Department may adopt rules related |
14 | | to the enforcement of this Article.
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15 | | (410 ILCS 705/10-30 rep.) |
16 | | (410 ILCS 705/15-36 rep.) |
17 | | (410 ILCS 705/15-40 rep.) |
18 | | (410 ILCS 705/15-45 rep.) |
19 | | (410 ILCS 705/15-50 rep.) |
20 | | (410 ILCS 705/15-60 rep.) |
21 | | (410 ILCS 705/15-65 rep.) |
22 | | (410 ILCS 705/15-70 rep.) |
23 | | (410 ILCS 705/15-95 rep.) |
24 | | (410 ILCS 705/20-20 rep.) |
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1 | | (410 ILCS 705/20-25 rep.) |
2 | | (410 ILCS 705/20-35 rep.) |
3 | | (410 ILCS 705/20-40 rep.) |
4 | | (410 ILCS 705/20-45 rep.) |
5 | | (410 ILCS 705/30-15 rep.) |
6 | | (410 ILCS 705/30-25 rep.) |
7 | | (410 ILCS 705/30-35 rep.) |
8 | | (410 ILCS 705/30-40 rep.) |
9 | | (410 ILCS 705/35-15 rep.) |
10 | | (410 ILCS 705/35-20 rep.) |
11 | | (410 ILCS 705/35-30 rep.) |
12 | | (410 ILCS 705/35-35 rep.) |
13 | | (410 ILCS 705/35-40 rep.) |
14 | | (410 ILCS 705/40-15 rep.) |
15 | | (410 ILCS 705/40-30 rep.) |
16 | | (410 ILCS 705/40-35 rep.) |
17 | | (410 ILCS 705/40-40 rep.) |
18 | | (410 ILCS 705/ rep.) |
19 | | Section 90. The Cannabis Regulation and Tax Act is amended |
20 | | by repealing Sections 10-30, 15-36, 15-40, 15-45, 15-50, |
21 | | 15-60, 15-65, 15-70, 15-95, 20-20, 20-25, 20-35, 20-40, 20-45, |
22 | | 30-15, 30-25, 30-35, 30-40, 35-15, 35-20, 35-30, 35-35, 35-40, |
23 | | 40-15, 40-30, 40-35, 40-40, and 55-80. |
24 | | Section 95. The Illinois Vehicle Code is amended by |
25 | | changing Sections 11-501 and 11-501.9 as follows: |
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1 | | (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) |
2 | | (Text of Section before amendment by P.A. 102-982 ) |
3 | | Sec. 11-501. Driving while under the influence of alcohol, |
4 | | other drug or drugs, intoxicating compound or compounds or any |
5 | | combination thereof.
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6 | | (a) A person shall not drive or be in actual physical |
7 | | control of any vehicle within this State while: |
8 | | (1) the alcohol concentration in the person's blood, |
9 | | other bodily substance, or breath is 0.08 or more based on |
10 | | the definition of blood and breath units in Section |
11 | | 11-501.2; |
12 | | (2) under the influence of alcohol; |
13 | | (3) under the influence of any intoxicating compound |
14 | | or combination of intoxicating compounds to a degree that |
15 | | renders the person incapable of driving safely; |
16 | | (4) under the influence of any other drug or |
17 | | combination of drugs to a degree that renders the person |
18 | | incapable of safely driving; |
19 | | (5) under the combined influence of alcohol, other |
20 | | drug or drugs, or intoxicating compound or compounds to a |
21 | | degree that renders the person incapable of safely |
22 | | driving; |
23 | | (6) there is any amount of a drug, substance, or |
24 | | compound in the person's breath, blood, other bodily |
25 | | substance, or urine resulting from the unlawful use or |
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1 | | consumption of a controlled substance listed in the |
2 | | Illinois Controlled Substances Act, an intoxicating |
3 | | compound listed in the Use of Intoxicating Compounds Act, |
4 | | or methamphetamine as listed in the Methamphetamine |
5 | | Control and Community Protection Act; or |
6 | | (7) the person has, within 2 hours of driving or being |
7 | | in actual physical control of a vehicle, a |
8 | | tetrahydrocannabinol concentration in the person's whole |
9 | | blood or other bodily substance as defined in paragraph 6 |
10 | | of subsection (a) of Section 11-501.2 of this Code.
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11 | | Subject to all other requirements and provisions under |
12 | | this Section, this paragraph (7) does not apply to the |
13 | | lawful consumption of cannabis by a qualifying patient |
14 | | licensed under the Compassionate Use of Medical Cannabis |
15 | | Program Act who is in possession of a valid registry card |
16 | | issued under that Act, unless that person is impaired by |
17 | | the use of cannabis. |
18 | | (b) The fact that any person charged with violating this |
19 | | Section is or has been legally entitled to use alcohol, |
20 | | cannabis under the Compassionate Use of Medical Cannabis |
21 | | Program Act, other drug or drugs, or intoxicating compound or |
22 | | compounds, or any combination thereof, shall not constitute a |
23 | | defense against any charge of violating this Section. |
24 | | (c) Penalties. |
25 | | (1) Except as otherwise provided in this Section, any |
26 | | person convicted of violating subsection (a) of this |
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1 | | Section is guilty of a Class A misdemeanor. |
2 | | (2) A person who violates subsection (a) or a similar |
3 | | provision a second time shall be sentenced to a mandatory |
4 | | minimum term of either 5 days of imprisonment or 240 hours |
5 | | of community service in addition to any other criminal or |
6 | | administrative sanction. |
7 | | (3) A person who violates subsection (a) is subject to |
8 | | 6 months of imprisonment, an additional mandatory minimum |
9 | | fine of $1,000, and 25 days of community service in a |
10 | | program benefiting children if the person was transporting |
11 | | a person under the age of 16 at the time of the violation. |
12 | | (4) A person who violates subsection (a) a first time, |
13 | | if the alcohol concentration in his or her blood, breath, |
14 | | other bodily substance, or urine was 0.16 or more based on |
15 | | the definition of blood, breath, other bodily substance, |
16 | | or urine units in Section 11-501.2, shall be subject, in |
17 | | addition to any other penalty that may be imposed, to a |
18 | | mandatory minimum of 100 hours of community service and a |
19 | | mandatory minimum fine of $500. |
20 | | (5) A person who violates subsection (a) a second |
21 | | time, if at the time of the second violation the alcohol |
22 | | concentration in his or her blood, breath, other bodily |
23 | | substance, or urine was 0.16 or more based on the |
24 | | definition of blood, breath, other bodily substance, or |
25 | | urine units in Section 11-501.2, shall be subject, in |
26 | | addition to any other penalty that may be imposed, to a |
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1 | | mandatory minimum of 2 days of imprisonment and a |
2 | | mandatory minimum fine of $1,250. |
3 | | (d) Aggravated driving under the influence of alcohol, |
4 | | other drug or drugs, or intoxicating compound or compounds, or |
5 | | any combination thereof.
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6 | | (1) Every person convicted of committing a violation |
7 | | of this Section shall be guilty of aggravated driving |
8 | | under the influence of alcohol, other drug or drugs, or |
9 | | intoxicating compound or compounds, or any combination |
10 | | thereof if: |
11 | | (A) the person committed a violation of subsection |
12 | | (a) or a similar provision for the third or subsequent |
13 | | time; |
14 | | (B) the person committed a violation of subsection |
15 | | (a) while driving a school bus with one or more |
16 | | passengers on board; |
17 | | (C) the person in committing a violation of |
18 | | subsection (a) was involved in a motor vehicle |
19 | | accident that resulted in great bodily harm or |
20 | | permanent disability or disfigurement to another, when |
21 | | the violation was a proximate cause of the injuries; |
22 | | (D) the person committed a violation of subsection |
23 | | (a) and has been previously convicted of violating |
24 | | Section 9-3 of the Criminal Code of 1961 or the |
25 | | Criminal Code of 2012 or a similar provision of a law |
26 | | of another state relating to reckless homicide in |
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1 | | which the person was determined to have been under the |
2 | | influence of alcohol, other drug or drugs, or |
3 | | intoxicating compound or compounds as an element of |
4 | | the offense or the person has previously been |
5 | | convicted under subparagraph (C) or subparagraph (F) |
6 | | of this paragraph (1); |
7 | | (E) the person, in committing a violation of |
8 | | subsection (a) while driving at any speed in a school |
9 | | speed zone at a time when a speed limit of 20 miles per |
10 | | hour was in effect under subsection (a) of Section |
11 | | 11-605 of this Code, was involved in a motor vehicle |
12 | | accident that resulted in bodily harm, other than |
13 | | great bodily harm or permanent disability or |
14 | | disfigurement, to another person, when the violation |
15 | | of subsection (a) was a proximate cause of the bodily |
16 | | harm; |
17 | | (F) the person, in committing a violation of |
18 | | subsection (a), was involved in a motor vehicle, |
19 | | snowmobile, all-terrain vehicle, or watercraft |
20 | | accident that resulted in the death of another person, |
21 | | when the violation of subsection (a) was a proximate |
22 | | cause of the death; |
23 | | (G) the person committed a violation of subsection |
24 | | (a) during a period in which the defendant's driving |
25 | | privileges are revoked or suspended, where the |
26 | | revocation or suspension was for a violation of |
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1 | | subsection (a) or a similar provision, Section |
2 | | 11-501.1, paragraph (b) of Section 11-401, or for |
3 | | reckless homicide as defined in Section 9-3 of the |
4 | | Criminal Code of 1961 or the Criminal Code of 2012; |
5 | | (H) the person committed the violation while he or |
6 | | she did not possess a driver's license or permit or a |
7 | | restricted driving permit or a judicial driving permit |
8 | | or a monitoring device driving permit; |
9 | | (I) the person committed the violation while he or |
10 | | she knew or should have known that the vehicle he or |
11 | | she was driving was not covered by a liability |
12 | | insurance policy; |
13 | | (J) the person in committing a violation of |
14 | | subsection (a) was involved in a motor vehicle |
15 | | accident that resulted in bodily harm, but not great |
16 | | bodily harm, to the child under the age of 16 being |
17 | | transported by the person, if the violation was the |
18 | | proximate cause of the injury; |
19 | | (K) the person in committing a second violation of |
20 | | subsection (a) or a similar provision was transporting |
21 | | a person under the age of 16; or |
22 | | (L) the person committed a violation of subsection |
23 | | (a) of this Section while transporting one or more |
24 | | passengers in a vehicle for-hire. |
25 | | (2)(A) Except as provided otherwise, a person |
26 | | convicted of aggravated driving under the influence of |
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1 | | alcohol, other drug or drugs, or intoxicating compound or |
2 | | compounds, or any combination thereof is guilty of a Class |
3 | | 4 felony. |
4 | | (B) A third violation of this Section or a similar |
5 | | provision is a Class 2 felony. If at the time of the third |
6 | | violation the alcohol concentration in his or her blood, |
7 | | breath, other bodily substance, or urine was 0.16 or more |
8 | | based on the definition of blood, breath, other bodily |
9 | | substance, or urine units in Section 11-501.2, a mandatory |
10 | | minimum of 90 days of imprisonment and a mandatory minimum |
11 | | fine of $2,500 shall be imposed in addition to any other |
12 | | criminal or administrative sanction. If at the time of the |
13 | | third violation, the defendant was transporting a person |
14 | | under the age of 16, a mandatory fine of $25,000 and 25 |
15 | | days of community service in a program benefiting children |
16 | | shall be imposed in addition to any other criminal or |
17 | | administrative sanction. |
18 | | (C) A fourth violation of this Section or a similar |
19 | | provision is a Class 2 felony, for which a sentence of |
20 | | probation or conditional discharge may not be imposed. If |
21 | | at the time of the violation, the alcohol concentration in |
22 | | the defendant's blood, breath, other bodily substance, or |
23 | | urine was 0.16 or more based on the definition of blood, |
24 | | breath, other bodily substance, or urine units in Section |
25 | | 11-501.2, a mandatory minimum fine of $5,000 shall be |
26 | | imposed in addition to any other criminal or |
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1 | | administrative sanction. If at the time of the fourth |
2 | | violation, the defendant was transporting a person under |
3 | | the age of 16 a mandatory fine of $25,000 and 25 days of |
4 | | community service in a program benefiting children shall |
5 | | be imposed in addition to any other criminal or |
6 | | administrative sanction. |
7 | | (D) A fifth violation of this Section or a similar |
8 | | provision is a Class 1 felony, for which a sentence of |
9 | | probation or conditional discharge may not be imposed. If |
10 | | at the time of the violation, the alcohol concentration in |
11 | | the defendant's blood, breath, other bodily substance, or |
12 | | urine was 0.16 or more based on the definition of blood, |
13 | | breath, other bodily substance, or urine units in Section |
14 | | 11-501.2, a mandatory minimum fine of $5,000 shall be |
15 | | imposed in addition to any other criminal or |
16 | | administrative sanction. If at the time of the fifth |
17 | | violation, the defendant was transporting a person under |
18 | | the age of 16, a mandatory fine of $25,000, and 25 days of |
19 | | community service in a program benefiting children shall |
20 | | be imposed in addition to any other criminal or |
21 | | administrative sanction. |
22 | | (E) A sixth or subsequent violation of this Section or |
23 | | similar provision is a Class X felony. If at the time of |
24 | | the violation, the alcohol concentration in the |
25 | | defendant's blood, breath, other bodily substance, or |
26 | | urine was 0.16 or more based on the definition of blood, |
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1 | | breath, other bodily substance, or urine units in Section |
2 | | 11-501.2, a mandatory minimum fine of $5,000 shall be |
3 | | imposed in addition to any other criminal or |
4 | | administrative sanction. If at the time of the violation, |
5 | | the defendant was transporting a person under the age of |
6 | | 16, a mandatory fine of $25,000 and 25 days of community |
7 | | service in a program benefiting children shall be imposed |
8 | | in addition to any other criminal or administrative |
9 | | sanction. |
10 | | (F) For a violation of subparagraph (C) of paragraph |
11 | | (1) of this subsection (d), the defendant, if sentenced to |
12 | | a term of imprisonment, shall be sentenced to not less |
13 | | than one year nor more than 12 years. |
14 | | (G) A violation of subparagraph (F) of paragraph (1) |
15 | | of this subsection (d) is a Class 2 felony, for which the |
16 | | defendant, unless the court determines that extraordinary |
17 | | circumstances exist and require probation, shall be |
18 | | sentenced to: (i) a term of imprisonment of not less than 3 |
19 | | years and not more than 14 years if the violation resulted |
20 | | in the death of one person; or (ii) a term of imprisonment |
21 | | of not less than 6 years and not more than 28 years if the |
22 | | violation resulted in the deaths of 2 or more persons. |
23 | | (H) For a violation of subparagraph (J) of paragraph |
24 | | (1) of this subsection (d), a mandatory fine of $2,500, |
25 | | and 25 days of community service in a program benefiting |
26 | | children shall be imposed in addition to any other |
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1 | | criminal or administrative sanction. |
2 | | (I) A violation of subparagraph (K) of paragraph (1) |
3 | | of this subsection (d), is a Class 2 felony and a mandatory |
4 | | fine of $2,500, and 25 days of community service in a |
5 | | program benefiting children shall be imposed in addition |
6 | | to any other criminal or administrative sanction. If the |
7 | | child being transported suffered bodily harm, but not |
8 | | great bodily harm, in a motor vehicle accident, and the |
9 | | violation was the proximate cause of that injury, a |
10 | | mandatory fine of $5,000 and 25 days of community service |
11 | | in a program benefiting children shall be imposed in |
12 | | addition to any other criminal or administrative sanction. |
13 | | (J) A violation of subparagraph (D) of paragraph (1) |
14 | | of this subsection (d) is a Class 3 felony, for which a |
15 | | sentence of probation or conditional discharge may not be |
16 | | imposed. |
17 | | (3) Any person sentenced under this subsection (d) who |
18 | | receives a term of probation or conditional discharge must |
19 | | serve a minimum term of either 480 hours of community |
20 | | service or 10 days of imprisonment as a condition of the |
21 | | probation or conditional discharge in addition to any |
22 | | other criminal or administrative sanction. |
23 | | (e) Any reference to a prior violation of subsection (a) |
24 | | or a similar provision includes any violation of a provision |
25 | | of a local ordinance or a provision of a law of another state |
26 | | or an offense committed on a military installation that is |
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1 | | similar to a violation of subsection (a) of this Section. |
2 | | (f) The imposition of a mandatory term of imprisonment or |
3 | | assignment of community service for a violation of this |
4 | | Section shall not be suspended or reduced by the court. |
5 | | (g) Any penalty imposed for driving with a license that |
6 | | has been revoked for a previous violation of subsection (a) of |
7 | | this Section shall be in addition to the penalty imposed for |
8 | | any subsequent violation of subsection (a). |
9 | | (h) For any prosecution under this Section, a certified |
10 | | copy of the driving abstract of the defendant shall be |
11 | | admitted as proof of any prior conviction.
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12 | | (Source: P.A. 101-363, eff. 8-9-19.) |
13 | | (Text of Section after amendment by P.A. 102-982 ) |
14 | | Sec. 11-501. Driving while under the influence of alcohol, |
15 | | other drug or drugs, intoxicating compound or compounds or any |
16 | | combination thereof.
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17 | | (a) A person shall not drive or be in actual physical |
18 | | control of any vehicle within this State while: |
19 | | (1) the alcohol concentration in the person's blood, |
20 | | other bodily substance, or breath is 0.08 or more based on |
21 | | the definition of blood and breath units in Section |
22 | | 11-501.2; |
23 | | (2) under the influence of alcohol; |
24 | | (3) under the influence of any intoxicating compound |
25 | | or combination of intoxicating compounds to a degree that |
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1 | | renders the person incapable of driving safely; |
2 | | (4) under the influence of any other drug or |
3 | | combination of drugs to a degree that renders the person |
4 | | incapable of safely driving; |
5 | | (5) under the combined influence of alcohol, other |
6 | | drug or drugs, or intoxicating compound or compounds to a |
7 | | degree that renders the person incapable of safely |
8 | | driving; |
9 | | (6) there is any amount of a drug, substance, or |
10 | | compound in the person's breath, blood, other bodily |
11 | | substance, or urine resulting from the unlawful use or |
12 | | consumption of a controlled substance listed in the |
13 | | Illinois Controlled Substances Act, an intoxicating |
14 | | compound listed in the Use of Intoxicating Compounds Act, |
15 | | or methamphetamine as listed in the Methamphetamine |
16 | | Control and Community Protection Act; or |
17 | | (7) the person has, within 2 hours of driving or being |
18 | | in actual physical control of a vehicle, a |
19 | | tetrahydrocannabinol concentration in the person's whole |
20 | | blood or other bodily substance as defined in paragraph 6 |
21 | | of subsection (a) of Section 11-501.2 of this Code.
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22 | | Subject to all other requirements and provisions under |
23 | | this Section, this paragraph (7) does not apply to the |
24 | | lawful consumption of cannabis by a qualifying patient |
25 | | licensed under Article 75 of the Cannabis Regulation and |
26 | | Tax Act the Compassionate Use of Medical Cannabis Program |
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1 | | Act who is in possession of a valid registry card issued |
2 | | under that Act, unless that person is impaired by the use |
3 | | of cannabis. |
4 | | (b) The fact that any person charged with violating this |
5 | | Section is or has been legally entitled to use alcohol, |
6 | | cannabis under Article 75 of the Cannabis Regulation and Tax |
7 | | Act the Compassionate Use of Medical Cannabis Program Act , |
8 | | other drug or drugs, or intoxicating compound or compounds, or |
9 | | any combination thereof, shall not constitute a defense |
10 | | against any charge of violating this Section. |
11 | | (c) Penalties. |
12 | | (1) Except as otherwise provided in this Section, any |
13 | | person convicted of violating subsection (a) of this |
14 | | Section is guilty of a Class A misdemeanor. |
15 | | (2) A person who violates subsection (a) or a similar |
16 | | provision a second time shall be sentenced to a mandatory |
17 | | minimum term of either 5 days of imprisonment or 240 hours |
18 | | of community service in addition to any other criminal or |
19 | | administrative sanction. |
20 | | (3) A person who violates subsection (a) is subject to |
21 | | 6 months of imprisonment, an additional mandatory minimum |
22 | | fine of $1,000, and 25 days of community service in a |
23 | | program benefiting children if the person was transporting |
24 | | a person under the age of 16 at the time of the violation. |
25 | | (4) A person who violates subsection (a) a first time, |
26 | | if the alcohol concentration in his or her blood, breath, |
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1 | | other bodily substance, or urine was 0.16 or more based on |
2 | | the definition of blood, breath, other bodily substance, |
3 | | or urine units in Section 11-501.2, shall be subject, in |
4 | | addition to any other penalty that may be imposed, to a |
5 | | mandatory minimum of 100 hours of community service and a |
6 | | mandatory minimum fine of $500. |
7 | | (5) A person who violates subsection (a) a second |
8 | | time, if at the time of the second violation the alcohol |
9 | | concentration in his or her blood, breath, other bodily |
10 | | substance, or urine was 0.16 or more based on the |
11 | | definition of blood, breath, other bodily substance, or |
12 | | urine units in Section 11-501.2, shall be subject, in |
13 | | addition to any other penalty that may be imposed, to a |
14 | | mandatory minimum of 2 days of imprisonment and a |
15 | | mandatory minimum fine of $1,250. |
16 | | (d) Aggravated driving under the influence of alcohol, |
17 | | other drug or drugs, or intoxicating compound or compounds, or |
18 | | any combination thereof.
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19 | | (1) Every person convicted of committing a violation |
20 | | of this Section shall be guilty of aggravated driving |
21 | | under the influence of alcohol, other drug or drugs, or |
22 | | intoxicating compound or compounds, or any combination |
23 | | thereof if: |
24 | | (A) the person committed a violation of subsection |
25 | | (a) or a similar provision for the third or subsequent |
26 | | time; |
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1 | | (B) the person committed a violation of subsection |
2 | | (a) while driving a school bus with one or more |
3 | | passengers on board; |
4 | | (C) the person in committing a violation of |
5 | | subsection (a) was involved in a motor vehicle crash |
6 | | that resulted in great bodily harm or permanent |
7 | | disability or disfigurement to another, when the |
8 | | violation was a proximate cause of the injuries; |
9 | | (D) the person committed a violation of subsection |
10 | | (a) and has been previously convicted of violating |
11 | | Section 9-3 of the Criminal Code of 1961 or the |
12 | | Criminal Code of 2012 or a similar provision of a law |
13 | | of another state relating to reckless homicide in |
14 | | which the person was determined to have been under the |
15 | | influence of alcohol, other drug or drugs, or |
16 | | intoxicating compound or compounds as an element of |
17 | | the offense or the person has previously been |
18 | | convicted under subparagraph (C) or subparagraph (F) |
19 | | of this paragraph (1); |
20 | | (E) the person, in committing a violation of |
21 | | subsection (a) while driving at any speed in a school |
22 | | speed zone at a time when a speed limit of 20 miles per |
23 | | hour was in effect under subsection (a) of Section |
24 | | 11-605 of this Code, was involved in a motor vehicle |
25 | | crash that resulted in bodily harm, other than great |
26 | | bodily harm or permanent disability or disfigurement, |
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1 | | to another person, when the violation of subsection |
2 | | (a) was a proximate cause of the bodily harm; |
3 | | (F) the person, in committing a violation of |
4 | | subsection (a), was involved in a motor vehicle crash |
5 | | or snowmobile, all-terrain vehicle, or watercraft |
6 | | accident that resulted in the death of another person, |
7 | | when the violation of subsection (a) was a proximate |
8 | | cause of the death; |
9 | | (G) the person committed a violation of subsection |
10 | | (a) during a period in which the defendant's driving |
11 | | privileges are revoked or suspended, where the |
12 | | revocation or suspension was for a violation of |
13 | | subsection (a) or a similar provision, Section |
14 | | 11-501.1, paragraph (b) of Section 11-401, or for |
15 | | reckless homicide as defined in Section 9-3 of the |
16 | | Criminal Code of 1961 or the Criminal Code of 2012; |
17 | | (H) the person committed the violation while he or |
18 | | she did not possess a driver's license or permit or a |
19 | | restricted driving permit or a judicial driving permit |
20 | | or a monitoring device driving permit; |
21 | | (I) the person committed the violation while he or |
22 | | she knew or should have known that the vehicle he or |
23 | | she was driving was not covered by a liability |
24 | | insurance policy; |
25 | | (J) the person in committing a violation of |
26 | | subsection (a) was involved in a motor vehicle crash |
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1 | | that resulted in bodily harm, but not great bodily |
2 | | harm, to the child under the age of 16 being |
3 | | transported by the person, if the violation was the |
4 | | proximate cause of the injury; |
5 | | (K) the person in committing a second violation of |
6 | | subsection (a) or a similar provision was transporting |
7 | | a person under the age of 16; or |
8 | | (L) the person committed a violation of subsection |
9 | | (a) of this Section while transporting one or more |
10 | | passengers in a vehicle for-hire. |
11 | | (2)(A) Except as provided otherwise, a person |
12 | | convicted of aggravated driving under the influence of |
13 | | alcohol, other drug or drugs, or intoxicating compound or |
14 | | compounds, or any combination thereof is guilty of a Class |
15 | | 4 felony. |
16 | | (B) A third violation of this Section or a similar |
17 | | provision is a Class 2 felony. If at the time of the third |
18 | | violation the alcohol concentration in his or her blood, |
19 | | breath, other bodily substance, or urine was 0.16 or more |
20 | | based on the definition of blood, breath, other bodily |
21 | | substance, or urine units in Section 11-501.2, a mandatory |
22 | | minimum of 90 days of imprisonment and a mandatory minimum |
23 | | fine of $2,500 shall be imposed in addition to any other |
24 | | criminal or administrative sanction. If at the time of the |
25 | | third violation, the defendant was transporting a person |
26 | | under the age of 16, a mandatory fine of $25,000 and 25 |
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1 | | days of community service in a program benefiting children |
2 | | shall be imposed in addition to any other criminal or |
3 | | administrative sanction. |
4 | | (C) A fourth violation of this Section or a similar |
5 | | provision is a Class 2 felony, for which a sentence of |
6 | | probation or conditional discharge may not be imposed. If |
7 | | at the time of the violation, the alcohol concentration in |
8 | | the defendant's blood, breath, other bodily substance, or |
9 | | urine was 0.16 or more based on the definition of blood, |
10 | | breath, other bodily substance, or urine units in Section |
11 | | 11-501.2, a mandatory minimum fine of $5,000 shall be |
12 | | imposed in addition to any other criminal or |
13 | | administrative sanction. If at the time of the fourth |
14 | | violation, the defendant was transporting a person under |
15 | | the age of 16 a mandatory fine of $25,000 and 25 days of |
16 | | community service in a program benefiting children shall |
17 | | be imposed in addition to any other criminal or |
18 | | administrative sanction. |
19 | | (D) A fifth violation of this Section or a similar |
20 | | provision is a Class 1 felony, for which a sentence of |
21 | | probation or conditional discharge may not be imposed. If |
22 | | at the time of the violation, the alcohol concentration in |
23 | | the defendant's blood, breath, other bodily substance, or |
24 | | urine was 0.16 or more based on the definition of blood, |
25 | | breath, other bodily substance, or urine units in Section |
26 | | 11-501.2, a mandatory minimum fine of $5,000 shall be |
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1 | | imposed in addition to any other criminal or |
2 | | administrative sanction. If at the time of the fifth |
3 | | violation, the defendant was transporting a person under |
4 | | the age of 16, a mandatory fine of $25,000, and 25 days of |
5 | | community service in a program benefiting children shall |
6 | | be imposed in addition to any other criminal or |
7 | | administrative sanction. |
8 | | (E) A sixth or subsequent violation of this Section or |
9 | | similar provision is a Class X felony. If at the time of |
10 | | the violation, the alcohol concentration in the |
11 | | defendant's blood, breath, other bodily substance, or |
12 | | urine was 0.16 or more based on the definition of blood, |
13 | | breath, other bodily substance, or urine units in Section |
14 | | 11-501.2, a mandatory minimum fine of $5,000 shall be |
15 | | imposed in addition to any other criminal or |
16 | | administrative sanction. If at the time of the violation, |
17 | | the defendant was transporting a person under the age of |
18 | | 16, a mandatory fine of $25,000 and 25 days of community |
19 | | service in a program benefiting children shall be imposed |
20 | | in addition to any other criminal or administrative |
21 | | sanction. |
22 | | (F) For a violation of subparagraph (C) of paragraph |
23 | | (1) of this subsection (d), the defendant, if sentenced to |
24 | | a term of imprisonment, shall be sentenced to not less |
25 | | than one year nor more than 12 years. |
26 | | (G) A violation of subparagraph (F) of paragraph (1) |
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1 | | of this subsection (d) is a Class 2 felony, for which the |
2 | | defendant, unless the court determines that extraordinary |
3 | | circumstances exist and require probation, shall be |
4 | | sentenced to: (i) a term of imprisonment of not less than 3 |
5 | | years and not more than 14 years if the violation resulted |
6 | | in the death of one person; or (ii) a term of imprisonment |
7 | | of not less than 6 years and not more than 28 years if the |
8 | | violation resulted in the deaths of 2 or more persons. |
9 | | (H) For a violation of subparagraph (J) of paragraph |
10 | | (1) of this subsection (d), a mandatory fine of $2,500, |
11 | | and 25 days of community service in a program benefiting |
12 | | children shall be imposed in addition to any other |
13 | | criminal or administrative sanction. |
14 | | (I) A violation of subparagraph (K) of paragraph (1) |
15 | | of this subsection (d), is a Class 2 felony and a mandatory |
16 | | fine of $2,500, and 25 days of community service in a |
17 | | program benefiting children shall be imposed in addition |
18 | | to any other criminal or administrative sanction. If the |
19 | | child being transported suffered bodily harm, but not |
20 | | great bodily harm, in a motor vehicle crash, and the |
21 | | violation was the proximate cause of that injury, a |
22 | | mandatory fine of $5,000 and 25 days of community service |
23 | | in a program benefiting children shall be imposed in |
24 | | addition to any other criminal or administrative sanction. |
25 | | (J) A violation of subparagraph (D) of paragraph (1) |
26 | | of this subsection (d) is a Class 3 felony, for which a |
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1 | | sentence of probation or conditional discharge may not be |
2 | | imposed. |
3 | | (3) Any person sentenced under this subsection (d) who |
4 | | receives a term of probation or conditional discharge must |
5 | | serve a minimum term of either 480 hours of community |
6 | | service or 10 days of imprisonment as a condition of the |
7 | | probation or conditional discharge in addition to any |
8 | | other criminal or administrative sanction. |
9 | | (e) Any reference to a prior violation of subsection (a) |
10 | | or a similar provision includes any violation of a provision |
11 | | of a local ordinance or a provision of a law of another state |
12 | | or an offense committed on a military installation that is |
13 | | similar to a violation of subsection (a) of this Section. |
14 | | (f) The imposition of a mandatory term of imprisonment or |
15 | | assignment of community service for a violation of this |
16 | | Section shall not be suspended or reduced by the court. |
17 | | (g) Any penalty imposed for driving with a license that |
18 | | has been revoked for a previous violation of subsection (a) of |
19 | | this Section shall be in addition to the penalty imposed for |
20 | | any subsequent violation of subsection (a). |
21 | | (h) For any prosecution under this Section, a certified |
22 | | copy of the driving abstract of the defendant shall be |
23 | | admitted as proof of any prior conviction.
|
24 | | (Source: P.A. 101-363, eff. 8-9-19; 102-982, eff. 7-1-23.) |
25 | | (625 ILCS 5/11-501.9) |
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1 | | Sec. 11-501.9. Suspension of driver's license; failure or |
2 | | refusal of validated roadside chemical tests; failure or |
3 | | refusal of field sobriety tests; implied consent. |
4 | | (a) A person who drives or is in actual physical control of |
5 | | a motor vehicle upon the public highways of this State shall be |
6 | | deemed to have given consent to (i) validated roadside |
7 | | chemical tests or (ii) standardized field sobriety tests |
8 | | approved by the National Highway Traffic Safety |
9 | | Administration, under subsection (a-5) of Section 11-501.2 of |
10 | | this Code, if detained by a law enforcement officer who has a |
11 | | reasonable suspicion that the person is driving or is in |
12 | | actual physical control of a motor vehicle while impaired by |
13 | | the use of cannabis. The law enforcement officer must have an |
14 | | independent, cannabis-related factual basis giving reasonable |
15 | | suspicion that the person is driving or in actual physical |
16 | | control of a motor vehicle while impaired by the use of |
17 | | cannabis for conducting validated roadside chemical tests or |
18 | | standardized field sobriety tests, which shall be included |
19 | | with the results of the validated roadside chemical tests and |
20 | | field sobriety tests in any report made by the law enforcement |
21 | | officer who requests the test. The person's possession of a |
22 | | registry identification card issued under Article 75 of the |
23 | | Cannabis Regulation and Tax Act the Compassionate Use of |
24 | | Medical Cannabis Program Act alone is not a sufficient basis |
25 | | for reasonable suspicion. |
26 | | For purposes of this Section, a law enforcement officer of |
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1 | | this State who is investigating a person for an offense under |
2 | | Section 11-501 of this Code may travel into an adjoining state |
3 | | where the person has been transported for medical care to |
4 | | complete an investigation and to request that the person |
5 | | submit to field sobriety tests under this Section. |
6 | | (b) A person who is unconscious, or otherwise in a |
7 | | condition rendering the person incapable of refusal, shall be |
8 | | deemed to have withdrawn the consent provided by subsection |
9 | | (a) of this Section. |
10 | | (c) A person requested to submit to validated roadside |
11 | | chemical tests or field sobriety tests, as provided in this |
12 | | Section, shall be warned by the law enforcement officer |
13 | | requesting the field sobriety tests that a refusal to submit |
14 | | to the validated roadside chemical tests or field sobriety |
15 | | tests will result in the suspension of the person's privilege |
16 | | to operate a motor vehicle, as provided in subsection (f) of |
17 | | this Section. The person shall also be warned by the law |
18 | | enforcement officer that if the person submits to validated |
19 | | roadside chemical tests or field sobriety tests as provided in |
20 | | this Section which disclose the person is impaired by the use |
21 | | of cannabis, a suspension of the person's privilege to operate |
22 | | a motor vehicle, as provided in subsection (f) of this |
23 | | Section, will be imposed. |
24 | | (d) The results of validated roadside chemical tests or |
25 | | field sobriety tests administered under this Section shall be |
26 | | admissible in a civil or criminal action or proceeding arising |
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1 | | from an arrest for an offense as defined in Section 11-501 of |
2 | | this Code or a similar provision of a local ordinance. These |
3 | | test results shall be admissible only in actions or |
4 | | proceedings directly related to the incident upon which the |
5 | | test request was made. |
6 | | (e) If the person refuses validated roadside chemical |
7 | | tests or field sobriety tests or submits to validated roadside |
8 | | chemical tests or field sobriety tests that disclose the |
9 | | person is impaired by the use of cannabis, the law enforcement |
10 | | officer shall immediately submit a sworn report to the circuit |
11 | | court of venue and the Secretary of State certifying that |
12 | | testing was requested under this Section and that the person |
13 | | refused to submit to validated roadside chemical tests or |
14 | | field sobriety tests or submitted to validated roadside |
15 | | chemical tests or field sobriety tests that disclosed the |
16 | | person was impaired by the use of cannabis. The sworn report |
17 | | must include the law enforcement officer's factual basis for |
18 | | reasonable suspicion that the person was impaired by the use |
19 | | of cannabis. |
20 | | (f) Upon receipt of the sworn report of a law enforcement |
21 | | officer submitted under subsection (e) of this Section, the |
22 | | Secretary of State shall enter the suspension to the driving |
23 | | record as follows: |
24 | | (1) for refusal or failure to complete validated |
25 | | roadside chemical tests or field sobriety tests, a |
26 | | 12-month suspension shall be entered; or |
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1 | | (2) for submitting to validated roadside chemical |
2 | | tests or field sobriety tests that disclosed the driver |
3 | | was impaired by the use of cannabis, a 6-month suspension |
4 | | shall be entered. |
5 | | The Secretary of State shall confirm the suspension by |
6 | | mailing a notice of the effective date of the suspension to the |
7 | | person and the court of venue. However, should the sworn |
8 | | report be defective for insufficient information or be |
9 | | completed in error, the confirmation of the suspension shall |
10 | | not be mailed to the person or entered to the record; instead, |
11 | | the sworn report shall be forwarded to the court of venue with |
12 | | a copy returned to the issuing agency identifying the defect. |
13 | | (g) The law enforcement officer submitting the sworn |
14 | | report under subsection (e) of this Section shall serve |
15 | | immediate notice of the suspension on the person and the |
16 | | suspension shall be effective as provided in subsection (h) of |
17 | | this Section. If immediate notice of the suspension cannot be |
18 | | given, the arresting officer or arresting agency shall give |
19 | | notice by deposit in the United States mail of the notice in an |
20 | | envelope with postage prepaid and addressed to the person at |
21 | | his or her address as shown on the Uniform Traffic Ticket and |
22 | | the suspension shall begin as provided in subsection (h) of |
23 | | this Section. The officer shall confiscate any Illinois |
24 | | driver's license or permit on the person at the time of arrest. |
25 | | If the person has a valid driver's license or permit, the |
26 | | officer shall issue the person a receipt, in a form prescribed |
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1 | | by the Secretary of State, that will allow the person to drive |
2 | | during the period provided for in subsection (h) of this |
3 | | Section. The officer shall immediately forward the driver's |
4 | | license or permit to the circuit court of venue along with the |
5 | | sworn report under subsection (e) of this Section. |
6 | | (h) The suspension under subsection (f) of this Section |
7 | | shall take effect on the 46th day following the date the notice |
8 | | of the suspension was given to the person. |
9 | | (i) When a driving privilege has been suspended under this |
10 | | Section and the person is subsequently convicted of violating |
11 | | Section 11-501 of this Code, or a similar provision of a local |
12 | | ordinance, for the same incident, any period served on |
13 | | suspension under this Section shall be credited toward the |
14 | | minimum period of revocation of driving privileges imposed |
15 | | under Section 6-205 of this Code.
|
16 | | (Source: P.A. 101-27, eff. 6-25-19; 101-363, eff. 8-9-19; |
17 | | 102-558, eff. 8-20-21.) |
18 | | Section 100. The Cannabis Control Act is amended by |
19 | | changing Section 5.3 as follows: |
20 | | (720 ILCS 550/5.3) |
21 | | Sec. 5.3. Unlawful use of cannabis-based product
|
22 | | manufacturing equipment. |
23 | | (a) A person commits unlawful use of cannabis-based |
24 | | product
manufacturing equipment when he or she knowingly |
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1 | | engages in the
possession, procurement, transportation, |
2 | | storage, or delivery
of any equipment used in the |
3 | | manufacturing of any
cannabis-based product using volatile or |
4 | | explosive gas, including, but not limited to,
canisters of |
5 | | butane gas, with the intent to manufacture,
compound, covert, |
6 | | produce, derive, process, or prepare either
directly or |
7 | | indirectly any cannabis-based product. |
8 | | (b) This Section does not apply to a cultivation center or |
9 | | cultivation center agent that prepares medical cannabis or |
10 | | cannabis-infused products in compliance with Article 75 of the |
11 | | Cannabis Regulation and Tax Act the Compassionate Use of |
12 | | Medical Cannabis Program Act and Department of Public Health |
13 | | and Department of Agriculture rules. |
14 | | (c) Sentence. A person who violates this Section is guilty |
15 | | of a Class 2 felony. |
16 | | (d) This Section does not apply to craft growers, |
17 | | cultivation centers, and infuser organizations licensed under |
18 | | the Cannabis Regulation and Tax Act. |
19 | | (e) This Section does not apply to manufacturers of |
20 | | cannabis-based product manufacturing equipment or transporting |
21 | | organizations with documentation identifying the seller and |
22 | | purchaser of the equipment if the seller or purchaser is a |
23 | | craft grower, cultivation center, or infuser organization |
24 | | licensed under the Cannabis Regulation and Tax Act.
|
25 | | (Source: P.A. 101-27, eff. 6-25-19; 101-363, eff. 8-9-19; |
26 | | 102-558, eff. 8-20-21.) |
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1 | | Section 105. The Prevention of Tobacco Use by
Persons |
2 | | under 21 Years of Age and Sale and Distribution of Tobacco |
3 | | Products Act is amended by changing Section 1 as follows:
|
4 | | (720 ILCS 675/1) (from Ch. 23, par. 2357)
|
5 | | Sec. 1. Prohibition on sale of tobacco products, |
6 | | electronic cigarettes, and alternative nicotine products to |
7 | | persons under 21 years of age; prohibition on the distribution |
8 | | of tobacco product samples, electronic cigarette samples, and |
9 | | alternative nicotine product samples to any person; use of |
10 | | identification cards; vending machines; lunch
wagons; |
11 | | out-of-package sales.
|
12 | | (a) No person shall sell, buy
for, distribute samples of |
13 | | or furnish any tobacco product, electronic cigarette, or |
14 | | alternative nicotine product to any person under 21 years of |
15 | | age. |
16 | | (a-5) No person under 16 years of
age may sell any tobacco |
17 | | product, electronic cigarette, or alternative nicotine product |
18 | | at a retail
establishment selling tobacco products, electronic
|
19 | | cigarettes, or alternative nicotine products. This subsection |
20 | | does not apply
to a sales clerk in a family-owned business |
21 | | which can prove that the sales
clerk
is in fact a son or |
22 | | daughter of the owner.
|
23 | | (a-5.1) Before selling, offering for sale, giving, or
|
24 | | furnishing a tobacco product, electronic cigarette, or |
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1 | | alternative nicotine product to
another person, the person |
2 | | selling, offering for sale, giving,
or furnishing the tobacco |
3 | | product, electronic cigarette, or alternative nicotine product |
4 | | shall
verify that the person is at least 21 years of age by: |
5 | | (1) examining from any person that appears to be under
|
6 | | 30 years of age a government-issued photographic
|
7 | | identification that establishes the person to be 21 years
|
8 | | of age or older; or |
9 | | (2) for sales of tobacco products, electronic |
10 | | cigarettes, or alternative nicotine products made through |
11 | | the
Internet or other remote sales methods, performing an |
12 | | age
verification through an independent, third party age
|
13 | | verification service that compares information available
|
14 | | from public records to the personal information entered by
|
15 | | the person during the ordering process that establishes |
16 | | the
person is 21 years of age or older. |
17 | | (a-6) No person under 21 years of age in the furtherance or |
18 | | facilitation of obtaining any tobacco product,
electronic |
19 | | cigarette, or alternative nicotine product shall display or |
20 | | use a false or forged identification card or transfer, alter, |
21 | | or deface an identification card.
|
22 | | (a-7) (Blank). |
23 | | (a-8) A person shall not distribute without charge samples |
24 | | of any tobacco product, alternative nicotine product, or |
25 | | electronic cigarette to any other person, regardless of age, |
26 | | except for smokeless tobacco in an adult-only facility. |
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1 | | This subsection (a-8) does not apply to the distribution |
2 | | of a tobacco product, electronic cigarette, or alternative |
3 | | nicotine product sample in any adult-only facility. |
4 | | (a-9) For the purpose of this Section: |
5 | | "Adult-only facility" means a facility or restricted |
6 | | area (whether open-air or enclosed) where the operator |
7 | | ensures or has a reasonable basis to believe (such as by |
8 | | checking identification as required under State law, or by |
9 | | checking the identification of any person appearing to be |
10 | | under the age of 30) that no person under legal age is |
11 | | present. A facility or restricted area need not be |
12 | | permanently restricted to persons under 21 years of age to |
13 | | constitute an adult-only facility, provided that the |
14 | | operator ensures or has a reasonable basis to believe that |
15 | | no person under 21 years of age is present during the event |
16 | | or time period in question. |
17 | | "Alternative nicotine product" means a product or |
18 | | device not consisting of or containing tobacco that |
19 | | provides for the ingestion into the body of nicotine, |
20 | | whether by chewing, smoking, absorbing, dissolving, |
21 | | inhaling, snorting, sniffing, or by any other means. |
22 | | "Alternative nicotine product" does not include: |
23 | | cigarettes as defined in Section 1 of the Cigarette Tax |
24 | | Act and tobacco products as defined in Section 10-5 of the |
25 | | Tobacco Products Tax Act of 1995; tobacco product and |
26 | | electronic cigarette as defined in this Section; or any |
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1 | | product approved by the United States Food and Drug |
2 | | Administration for sale as a tobacco cessation product, as |
3 | | a tobacco dependence product, or for other medical |
4 | | purposes, and is being marketed and sold solely for that |
5 | | approved purpose. |
6 | | "Electronic cigarette" means: |
7 | | (1) any device that employs a battery or other
|
8 | | mechanism to heat a solution or substance to produce a
|
9 | | vapor or aerosol intended for inhalation; |
10 | | (2) any cartridge or container of a solution or
|
11 | | substance intended to be used with or in the device or |
12 | | to
refill the device; or |
13 | | (3) any solution or substance, whether or not it
|
14 | | contains nicotine intended for use in the device.
|
15 | | "Electronic cigarette" includes, but is not limited |
16 | | to, any
electronic nicotine delivery system, electronic |
17 | | cigar,
electronic cigarillo, electronic pipe, electronic |
18 | | hookah,
vape pen, or similar product or device, any |
19 | | components
or parts that can be used to build the product |
20 | | or device, and any component, part, or accessory of a |
21 | | device used during the operation of the device, even if |
22 | | the part or accessory was sold separately.
"Electronic |
23 | | cigarette" does not include: cigarettes as defined in
|
24 | | Section 1 of the Cigarette Tax Act; tobacco product and |
25 | | alternative nicotine product as defined in this Section; |
26 | | any product approved by the United States Food and Drug |
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1 | | Administration for sale as a tobacco cessation product, as |
2 | | a tobacco dependence product, or for other medical |
3 | | purposes, and is being marketed and sold solely for that |
4 | | approved purpose; any asthma
inhaler prescribed by a |
5 | | physician for that condition and is being marketed and |
6 | | sold solely for that approved purpose; any device that |
7 | | meets the definition of cannabis paraphernalia under |
8 | | Section 1-10 of the Cannabis Regulation and Tax Act; or |
9 | | any cannabis product sold by a dispensing organization |
10 | | pursuant to the Cannabis Regulation and Tax Act or the |
11 | | Compassionate Use of Medical Cannabis
Program Act . |
12 | | "Lunch wagon" means a mobile vehicle
designed and |
13 | | constructed to transport food and from which food is sold |
14 | | to the
general public. |
15 | | "Nicotine" means any form of the chemical nicotine, |
16 | | including any salt or complex, regardless of whether the |
17 | | chemical is naturally or synthetically derived.
|
18 | | "Tobacco product" means any product containing or made
|
19 | | from tobacco that is intended for human consumption,
|
20 | | whether smoked, heated, chewed, absorbed, dissolved,
|
21 | | inhaled, snorted, sniffed, or ingested by any other means,
|
22 | | including, but not limited to, cigarettes, cigars, little
|
23 | | cigars, chewing tobacco, pipe tobacco, snuff, snus, and |
24 | | any other smokeless tobacco product which contains tobacco |
25 | | that is finely cut, ground, powdered, or leaf and intended |
26 | | to be placed in the oral cavity.
"Tobacco product" |
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1 | | includes any component, part, or
accessory of a tobacco |
2 | | product, whether or not sold
separately. "Tobacco product" |
3 | | does not include: an alternative nicotine product as |
4 | | defined in this Section; or any product
that has been |
5 | | approved by the United States Food and Drug
Administration |
6 | | for sale as a tobacco cessation product, as a tobacco |
7 | | dependence product, or
for other medical purposes, and is |
8 | | being marketed and sold solely for that approved purpose. |
9 | | (b) Tobacco products, electronic cigarettes, and |
10 | | alternative nicotine products may be sold through a vending |
11 | | machine
only if such tobacco products, electronic cigarettes, |
12 | | and alternative nicotine products are not placed together with |
13 | | any non-tobacco product, other than matches, in the vending |
14 | | machine and the vending machine is in
any of the following |
15 | | locations:
|
16 | | (1) (Blank).
|
17 | | (2) Places to which persons under 21 years of age are |
18 | | not permitted access at any time.
|
19 | | (3) Places where alcoholic beverages are sold and |
20 | | consumed on the
premises and vending machine operation is |
21 | | under the direct supervision of the owner or manager.
|
22 | | (4) (Blank).
|
23 | | (5) (Blank).
|
24 | | (c) (Blank).
|
25 | | (d) The sale or distribution by any person of a tobacco |
26 | | product as defined in this Section, including, but not limited |
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1 | | to, a single or loose cigarette, that is not contained within a |
2 | | sealed container, pack, or package as provided by the |
3 | | manufacturer, which container, pack, or package bears the |
4 | | health warning required by federal law, is prohibited.
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5 | | (e) It is not a violation of this Act for a person under 21 |
6 | | years of age to purchase a tobacco product, electronic |
7 | | cigarette, or alternative nicotine product if the person under |
8 | | the age of 21 purchases or is given the tobacco product, |
9 | | electronic cigarette, or alternative nicotine product in any |
10 | | of its forms from a retail seller of tobacco products, |
11 | | electronic cigarettes, or alternative nicotine products or an |
12 | | employee of the retail seller pursuant to a plan or action to |
13 | | investigate, patrol, or otherwise conduct a "sting operation" |
14 | | or enforcement action against a retail seller of tobacco |
15 | | products, electronic cigarettes, or alternative nicotine |
16 | | products or a person employed by the retail seller of tobacco |
17 | | products, electronic cigarettes, or alternative nicotine |
18 | | products or on any premises authorized to sell tobacco |
19 | | products, electronic cigarettes, or alternative nicotine |
20 | | products to determine if tobacco products, electronic |
21 | | cigarettes, or alternative nicotine products are being sold or |
22 | | given to persons under 21 years of age if the "sting operation" |
23 | | or enforcement action is approved by, conducted by, or |
24 | | conducted on behalf of the Illinois State Police, the county |
25 | | sheriff, a municipal police department, the Department of |
26 | | Revenue, the Department of Public Health, or a local health |
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1 | | department. The results of any sting operation or enforcement |
2 | | action, including the name of the clerk, shall be provided to |
3 | | the retail seller within 7 business days. |
4 | | (f) No person shall honor or accept any discount, coupon, |
5 | | or other benefit or reduction in price that is inconsistent |
6 | | with 21 CFR 1140, subsequent United States Food and Drug |
7 | | Administration industry guidance, or any rules adopted under |
8 | | 21 CFR 1140. |
9 | | (g) Any peace officer or duly authorized member of the |
10 | | Illinois State Police, a county sheriff's department, a |
11 | | municipal police department, the Department of Revenue, the |
12 | | Department of Public Health, a local health department, or the |
13 | | Department of Human Services, upon discovering a violation of |
14 | | subsection (a), (a-5), (a-5.1), (a-8), (b), or (d) of this |
15 | | Section or a violation of the Preventing Youth Vaping Act, may |
16 | | seize any tobacco products, alternative nicotine products, or |
17 | | electronic cigarettes of the specific type involved in that |
18 | | violation that are located at that place of business. The |
19 | | tobacco products, alternative nicotine products, or electronic |
20 | | cigarettes so seized are subject to confiscation and |
21 | | forfeiture. |
22 | | (h) If, within 60 days after any seizure under subsection |
23 | | (g), a person having any property interest in the seized |
24 | | property is charged with an offense under this Section or a |
25 | | violation of the Preventing Youth Vaping Act, the court that |
26 | | renders judgment upon the charge shall, within 30 days after |
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1 | | the judgment, conduct a forfeiture hearing to determine |
2 | | whether the seized tobacco products or electronic cigarettes |
3 | | were part of the inventory located at the place of business |
4 | | when a violation of subsection (a), (a-5), (a-5.1), (a-8), |
5 | | (b), or (d) of this Section or a violation of the Preventing |
6 | | Youth Vaping Act occurred and whether any seized tobacco |
7 | | products or electronic cigarettes were of a type involved in |
8 | | that violation. The hearing shall be commenced by a written |
9 | | petition by the State, which shall include material |
10 | | allegations of fact, the name and address of every person |
11 | | determined by the State to have any property interest in the |
12 | | seized property, a representation that written notice of the |
13 | | date, time, and place of the hearing has been mailed to every |
14 | | such person by certified mail at least 10 days before the date, |
15 | | and a request for forfeiture. Every such person may appear as a |
16 | | party and present evidence at the hearing. The quantum of |
17 | | proof required shall be a preponderance of the evidence, and |
18 | | the burden of proof shall be on the State. If the court |
19 | | determines that the seized property was subject to forfeiture, |
20 | | an order of forfeiture and disposition of the seized property |
21 | | shall be entered and the property shall be received by the |
22 | | prosecuting office, who shall effect its destruction. |
23 | | (i) If a seizure under subsection (g) is not followed by a |
24 | | charge under subsection (a), (a-5), (a-5.1), (a-8), (b), or |
25 | | (d) of this Section or under the Preventing Youth Vaping Act, |
26 | | or if the prosecution of the charge is permanently terminated |
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1 | | or indefinitely discontinued without any judgment of |
2 | | conviction or acquittal: |
3 | | (1) the prosecuting office may commence in the circuit |
4 | | court an in rem proceeding for the forfeiture and |
5 | | destruction of any seized tobacco products or electronic |
6 | | cigarettes; and |
7 | | (2) any person having any property interest in the |
8 | | seized tobacco products or electronic cigarettes may |
9 | | commence separate civil proceedings in the manner provided |
10 | | by law. |
11 | | (j) After the Department of Revenue has seized any tobacco |
12 | | product, nicotine product, or electronic cigarette as provided |
13 | | in subsection (g) and a person having any property interest in |
14 | | the seized property has not been charged with an offense under |
15 | | this Section or a violation of the Preventing Youth Vaping |
16 | | Act, the Department of Revenue must hold a hearing and |
17 | | determine whether the seized tobacco products, alternative |
18 | | nicotine products, or electronic cigarettes were part of the |
19 | | inventory located at the place of business when a violation of |
20 | | subsection (a), (a-5), (a-5.1), (a-8), (b), or (d) of this |
21 | | Section or a violation of the Preventing Youth Vaping Act |
22 | | occurred and whether any seized tobacco product, alternative |
23 | | nicotine product, or electronic cigarette was of a type |
24 | | involved in that violation. The Department of Revenue shall |
25 | | give not less than 20 days' notice of the time and place of the |
26 | | hearing to the owner of the property, if the owner is known, |
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1 | | and also to the person in whose possession the property was |
2 | | found if that person is known and if the person in possession |
3 | | is not the owner of the property. If neither the owner nor the |
4 | | person in possession of the property is known, the Department |
5 | | of Revenue must cause publication of the time and place of the |
6 | | hearing to be made at least once each week for 3 weeks |
7 | | successively in a newspaper of general circulation in the |
8 | | county where the hearing is to be held. |
9 | | If, as the result of the hearing, the Department of |
10 | | Revenue determines that the tobacco products, alternative |
11 | | nicotine products, or the electronic cigarettes were part of |
12 | | the inventory located at the place of business when a |
13 | | violation of subsection (a), (a-5), (a-5.1), (a-8), (b), or |
14 | | (d) of this Section or a violation of the Preventing Youth |
15 | | Vaping Act at the time of seizure, the Department of Revenue |
16 | | must enter an order declaring the tobacco product, alternative |
17 | | nicotine product, or electronic cigarette confiscated and |
18 | | forfeited to the State, to be held by the Department of Revenue |
19 | | for disposal by it as provided in Section 10-58 of the Tobacco |
20 | | Products Tax Act of 1995. The Department of Revenue must give |
21 | | notice of the order to the owner of the property, if the owner |
22 | | is known, and also to the person in whose possession the |
23 | | property was found if that person is known and if the person in |
24 | | possession is not the owner of the property. If neither the |
25 | | owner nor the person in possession of the property is known, |
26 | | the Department of Revenue must cause publication of the order |
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1 | | to be made at least once each week for 3 weeks successively in |
2 | | a newspaper of general circulation in the county where the |
3 | | hearing was held. |
4 | | (Source: P.A. 101-2, eff. 7-1-19; 102-538, eff. 8-20-21; |
5 | | 102-575, eff. 1-1-22; 102-813, eff. 5-13-22.)
|
6 | | Section 110. The Prevention of Cigarette and Electronic |
7 | | Cigarette Sales to Persons under 21 Years of Age Act is amended |
8 | | by changing Section 2 as follows: |
9 | | (720 ILCS 678/2) |
10 | | Sec. 2. Definitions. For the purpose of this Act: |
11 | | "Cigarette", when used in this Act, means any roll for |
12 | | smoking made wholly or in part of tobacco irrespective of size |
13 | | or shape and whether or not the tobacco is flavored, |
14 | | adulterated, or mixed with any other ingredient, and the |
15 | | wrapper or cover of which is made of paper or any other |
16 | | substance or material except whole leaf tobacco. |
17 | | "Clear and conspicuous statement" means the statement is |
18 | | of sufficient type size to be clearly readable by the |
19 | | recipient of the communication. |
20 | | "Consumer" means an individual who acquires or seeks to |
21 | | acquire cigarettes or electronic cigarettes for personal use. |
22 | | "Delivery sale" means any sale of cigarettes or electronic |
23 | | cigarettes to a consumer if: |
24 | | (a) the consumer submits the order for such sale by |
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1 | | means of a telephone or other method of voice |
2 | | transmission, the mails, or the Internet or other online |
3 | | service, or the seller is otherwise not in the physical |
4 | | presence of the buyer when the request for purchase or |
5 | | order is made; or |
6 | | (b) the cigarettes or electronic cigarettes are |
7 | | delivered by use of a common carrier, private delivery
|
8 | | service, or the mails, or the seller is not in the physical |
9 | | presence of the buyer when the buyer obtains possession of |
10 | | the cigarettes or electronic cigarettes. |
11 | | "Delivery service" means any person (other than a person |
12 | | that makes a delivery sale) who
delivers to the consumer the |
13 | | cigarettes or electronic cigarettes sold in a delivery sale. |
14 | | "Department" means the Department of Revenue. |
15 | | "Electronic cigarette" means: |
16 | | (1) any device that employs a battery or other |
17 | | mechanism to heat a solution or substance to produce a |
18 | | vapor or aerosol intended for inhalation; |
19 | | (2) any cartridge or container of a solution or |
20 | | substance intended to be used with or in the device or to |
21 | | refill the device; or |
22 | | (3) any solution or substance, whether or not it |
23 | | contains nicotine, intended for use in the device. |
24 | | "Electronic cigarette" includes, but is not limited to, |
25 | | any electronic nicotine delivery system, electronic cigar, |
26 | | electronic cigarillo, electronic pipe, electronic hookah, vape |
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1 | | pen, or similar product or device, and any component, part, or |
2 | | accessory of a device used during the operation of the device, |
3 | | even if the part or accessory was sold separately. "Electronic |
4 | | cigarette" does not include: cigarettes, as defined in Section |
5 | | 1 of the Cigarette Tax Act; any product approved by the United |
6 | | States Food and Drug Administration for sale as a tobacco |
7 | | cessation product, a tobacco dependence product, or for other |
8 | | medical purposes that is marketed and sold solely for that |
9 | | approved purpose; any asthma inhaler prescribed by a physician |
10 | | for that condition that is marketed and sold solely for that |
11 | | approved purpose; any device that meets the definition of |
12 | | cannabis paraphernalia under Section 1-10 of the Cannabis |
13 | | Regulation and Tax Act; or any cannabis product sold by a |
14 | | dispensing organization pursuant to the Cannabis Regulation |
15 | | and Tax Act or the Compassionate Use of Medical Cannabis |
16 | | Program Act . |
17 | | "Government-issued identification" means a State driver's |
18 | | license, State identification card, passport, a military |
19 | | identification or an official naturalization or immigration |
20 | | document, such as a permanent resident card (commonly known as |
21 | | a "green card") or an immigrant visa. |
22 | | "Mails" or "mailing" mean the shipment of cigarettes or |
23 | | electronic cigarettes through the United States Postal |
24 | | Service. |
25 | | "Out-of-state sale" means a sale of cigarettes or |
26 | | electronic cigarettes to a consumer located outside of this |
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1 | | State where the consumer submits the order for such sale by |
2 | | means of a telephonic or other method of voice transmission, |
3 | | the mails or any other delivery service, facsimile |
4 | | transmission, or the Internet or other online service and |
5 | | where the cigarettes or electronic cigarettes are delivered by |
6 | | use of the mails or other delivery service. |
7 | | "Person" means any individual, corporation, partnership, |
8 | | limited liability company, association, or other organization |
9 | | that engages in any for-profit or not-for-profit activities. |
10 | | "Shipping package" means a container in which packs or |
11 | | cartons of cigarettes or electronic cigarettes are shipped in |
12 | | connection with a delivery sale. |
13 | | "Shipping documents" means bills of lading, air bills, or |
14 | | any other documents used to evidence the undertaking by a |
15 | | delivery service to deliver letters, packages, or other |
16 | | containers.
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17 | | (Source: P.A. 102-575, eff. 1-1-22; 102-1030, eff. 5-27-22.)
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18 | | 410 ILCS 130/Act rep. |
19 | | Section 120. The Compassionate Use of Medical Cannabis |
20 | | Program Act is repealed. |
21 | | Section 995. No acceleration or delay. Where this Act |
22 | | makes changes in a statute that is represented in this Act by |
23 | | text that is not yet or no longer in effect (for example, a |
24 | | Section represented by multiple versions), the use of that |