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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 Compassionate Use of Medical Cannabis | |||||||||||||||||||||||||||||||||
5 | Program Act is amended by changing Sections 10, 85, 95, 100, | |||||||||||||||||||||||||||||||||
6 | 105, 115, and 120 as follows: | |||||||||||||||||||||||||||||||||
7 | (410 ILCS 130/10)
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8 | Sec. 10. Definitions. The following terms, as used in this | |||||||||||||||||||||||||||||||||
9 | Act, shall have the meanings set forth in this Section:
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10 | (a) "Adequate supply" means:
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11 | (1) 2.5 ounces of usable cannabis during a period of | |||||||||||||||||||||||||||||||||
12 | 14 days and that is derived solely from an intrastate | |||||||||||||||||||||||||||||||||
13 | source.
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14 | (2) Subject to the rules of the Department of Public | |||||||||||||||||||||||||||||||||
15 | Health, a patient may apply for a waiver where a | |||||||||||||||||||||||||||||||||
16 | certifying health care professional provides a substantial | |||||||||||||||||||||||||||||||||
17 | medical basis in a signed, written statement asserting | |||||||||||||||||||||||||||||||||
18 | that, based on the patient's medical history, in the | |||||||||||||||||||||||||||||||||
19 | certifying health care professional's professional | |||||||||||||||||||||||||||||||||
20 | judgment, 2.5 ounces is an insufficient adequate supply | |||||||||||||||||||||||||||||||||
21 | for a 14-day period to properly alleviate the patient's | |||||||||||||||||||||||||||||||||
22 | debilitating medical condition or symptoms associated with | |||||||||||||||||||||||||||||||||
23 | the debilitating medical condition.
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1 | (3) This subsection may not be construed to authorize | ||||||
2 | the possession of more than 2.5 ounces at any time without | ||||||
3 | authority from the Department of Public Health.
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4 | (4) The pre-mixed weight of medical cannabis used in | ||||||
5 | making a cannabis infused product shall apply toward the | ||||||
6 | limit on the total amount of medical cannabis a registered | ||||||
7 | qualifying patient may possess at any one time. | ||||||
8 | (a-5) "Advanced practice registered nurse" means a person | ||||||
9 | who is licensed under the Nurse Practice Act as an advanced | ||||||
10 | practice registered nurse and has a controlled substances | ||||||
11 | license under Article III of the Illinois Controlled | ||||||
12 | Substances Act. | ||||||
13 | (b) "Cannabis" has the meaning given that term in Section | ||||||
14 | 3 of the Cannabis Control Act.
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15 | (c) "Cannabis plant monitoring system" means a system that | ||||||
16 | includes, but is not limited to, testing and data collection | ||||||
17 | established and maintained by the registered cultivation | ||||||
18 | center and available to the Department for the purposes of | ||||||
19 | documenting each cannabis plant and for monitoring plant | ||||||
20 | development throughout the life cycle of a cannabis plant | ||||||
21 | cultivated for the intended use by a qualifying patient from | ||||||
22 | seed planting to final packaging.
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23 | (d) "Cardholder" means a qualifying patient or a | ||||||
24 | designated caregiver who has been issued and possesses a valid | ||||||
25 | registry identification card by the Department of Public | ||||||
26 | Health.
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1 | (d-5) "Certifying health care professional" means a | ||||||
2 | physician, an advanced practice registered nurse, or a | ||||||
3 | physician assistant. | ||||||
4 | (e) "Cultivation center" means a facility operated by an | ||||||
5 | organization or business that is registered by the Department | ||||||
6 | of Agriculture to perform necessary activities to provide only | ||||||
7 | registered medical cannabis dispensing organizations with | ||||||
8 | usable medical cannabis.
| ||||||
9 | (f) "Cultivation center agent" means a principal officer, | ||||||
10 | board member, employee, or agent of a registered cultivation | ||||||
11 | center who is 21 years of age or older and has not been | ||||||
12 | convicted of an excluded offense .
| ||||||
13 | (g) "Cultivation center agent identification card" means a | ||||||
14 | document issued by the Department of Agriculture that | ||||||
15 | identifies a person as a cultivation center agent.
| ||||||
16 | (h) "Debilitating medical condition" means one or more of | ||||||
17 | the following: | ||||||
18 | (1) cancer, glaucoma, positive status for human | ||||||
19 | immunodeficiency virus, acquired immune deficiency | ||||||
20 | syndrome, hepatitis C, amyotrophic lateral sclerosis, | ||||||
21 | Crohn's disease (including, but not limited to, ulcerative | ||||||
22 | colitis), agitation of Alzheimer's disease, | ||||||
23 | cachexia/wasting syndrome, muscular dystrophy, severe | ||||||
24 | fibromyalgia, spinal cord disease, including but not | ||||||
25 | limited to arachnoiditis, Tarlov cysts, hydromyelia, | ||||||
26 | syringomyelia, Rheumatoid arthritis, fibrous dysplasia, |
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1 | spinal cord injury, traumatic brain injury and | ||||||
2 | post-concussion syndrome, Multiple Sclerosis, | ||||||
3 | Arnold-Chiari malformation and Syringomyelia, | ||||||
4 | Spinocerebellar Ataxia (SCA), Parkinson's, Tourette's, | ||||||
5 | Myoclonus, Dystonia, Reflex Sympathetic Dystrophy, RSD | ||||||
6 | (Complex Regional Pain Syndromes Type I), Causalgia, CRPS | ||||||
7 | (Complex Regional Pain Syndromes Type II), | ||||||
8 | Neurofibromatosis, Chronic Inflammatory Demyelinating | ||||||
9 | Polyneuropathy, Sjogren's syndrome, Lupus, Interstitial | ||||||
10 | Cystitis, Myasthenia Gravis, Hydrocephalus, nail-patella | ||||||
11 | syndrome, residual limb pain, seizures (including those | ||||||
12 | characteristic of epilepsy), post-traumatic stress | ||||||
13 | disorder (PTSD), autism, chronic pain, irritable bowel | ||||||
14 | syndrome, migraines, osteoarthritis, anorexia nervosa, | ||||||
15 | Ehlers-Danlos Syndrome, Neuro-Behcet's Autoimmune | ||||||
16 | Disease, neuropathy, polycystic kidney disease, superior | ||||||
17 | canal dehiscence syndrome, or the treatment of these | ||||||
18 | conditions;
| ||||||
19 | (1.5) terminal illness with a diagnosis of 6 months or | ||||||
20 | less; if the terminal illness is not one of the qualifying | ||||||
21 | debilitating medical conditions, then the certifying | ||||||
22 | health care professional shall on the certification form | ||||||
23 | identify the cause of the terminal illness; or | ||||||
24 | (2) any other debilitating medical condition or its | ||||||
25 | treatment that is added by the Department of Public Health | ||||||
26 | by rule as provided in Section 45. |
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1 | (i) "Designated caregiver" means a person who: (1) is at | ||||||
2 | least 21 years of age; (2) has agreed to assist with a | ||||||
3 | patient's medical use of cannabis; (3) has not been convicted | ||||||
4 | of an excluded offense; and (3) (4) assists no more than one | ||||||
5 | registered qualifying patient with his or her medical use of | ||||||
6 | cannabis.
| ||||||
7 | (j) "Dispensing organization agent identification card" | ||||||
8 | means a document issued by the Department of Financial and | ||||||
9 | Professional Regulation that identifies a person as a medical | ||||||
10 | cannabis dispensing organization agent.
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11 | (k) "Enclosed, locked facility" means a room, greenhouse, | ||||||
12 | building, or other enclosed area equipped with locks or other | ||||||
13 | security devices that permit access only by a cultivation | ||||||
14 | center's agents or a dispensing organization's agent working | ||||||
15 | for the registered cultivation center or the registered | ||||||
16 | dispensing organization to cultivate, store, and distribute | ||||||
17 | cannabis for registered qualifying patients.
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18 | (l) (Blank). "Excluded offense" for cultivation center | ||||||
19 | agents and dispensing organizations means:
| ||||||
20 | (1) a violent crime defined in Section 3 of the Rights | ||||||
21 | of Crime Victims and Witnesses Act or a substantially | ||||||
22 | similar offense that was classified as a felony in the | ||||||
23 | jurisdiction where the person was convicted; or
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24 | (2) a violation of a state or federal controlled | ||||||
25 | substance law, the Cannabis Control Act, or the | ||||||
26 | Methamphetamine Control and Community Protection Act that |
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1 | was classified as a felony in the jurisdiction where the | ||||||
2 | person was convicted, except that the registering | ||||||
3 | Department may waive this restriction if the person | ||||||
4 | demonstrates to the registering Department's satisfaction | ||||||
5 | that his or her conviction was for the possession, | ||||||
6 | cultivation, transfer, or delivery of a reasonable amount | ||||||
7 | of cannabis intended for medical use. This exception does | ||||||
8 | not apply if the conviction was under state law and | ||||||
9 | involved a violation of an existing medical cannabis law.
| ||||||
10 | For purposes of this subsection, the Department of Public | ||||||
11 | Health shall determine by emergency rule within 30 days after | ||||||
12 | the effective date of this amendatory Act of the 99th General | ||||||
13 | Assembly what constitutes a "reasonable amount". | ||||||
14 | (l-5) (Blank). | ||||||
15 | (l-10) "Illinois Cannabis Tracking System" means a | ||||||
16 | web-based system established and maintained by the Department | ||||||
17 | of Public Health that is available to the Department of | ||||||
18 | Agriculture, the Department of Financial and Professional | ||||||
19 | Regulation, the Illinois State Police, and registered medical | ||||||
20 | cannabis dispensing organizations on a 24-hour basis to upload | ||||||
21 | written certifications for Opioid Alternative Pilot Program | ||||||
22 | participants, to verify Opioid Alternative Pilot Program | ||||||
23 | participants, to verify Opioid Alternative Pilot Program | ||||||
24 | participants' available cannabis allotment and assigned | ||||||
25 | dispensary, and the tracking of the date of sale, amount, and | ||||||
26 | price of medical cannabis purchased by an Opioid Alternative |
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1 | Pilot Program participant. | ||||||
2 | (m) "Medical cannabis cultivation center registration" | ||||||
3 | means a registration issued by the Department of Agriculture. | ||||||
4 | (n) "Medical cannabis container" means a sealed, | ||||||
5 | traceable, food compliant, tamper resistant, tamper evident | ||||||
6 | container, or package used for the purpose of containment of | ||||||
7 | medical cannabis from a cultivation center to a dispensing | ||||||
8 | organization.
| ||||||
9 | (o) "Medical cannabis dispensing organization", or | ||||||
10 | "dispensing organization", or "dispensary organization" means | ||||||
11 | a facility operated by an organization or business that is | ||||||
12 | registered by the Department of Financial and Professional | ||||||
13 | Regulation to acquire medical cannabis from a registered | ||||||
14 | cultivation center for the purpose of dispensing cannabis, | ||||||
15 | paraphernalia, or related supplies and educational materials | ||||||
16 | to registered qualifying patients, individuals with a | ||||||
17 | provisional registration for qualifying patient cardholder | ||||||
18 | status, or an Opioid Alternative Pilot Program participant.
| ||||||
19 | (p) "Medical cannabis dispensing organization agent" or | ||||||
20 | "dispensing organization agent" means a principal officer, | ||||||
21 | board member, employee, or agent of a registered medical | ||||||
22 | cannabis dispensing organization who is 21 years of age or | ||||||
23 | older and has not been convicted of an excluded offense .
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24 | (q) "Medical cannabis infused product" means food, oils, | ||||||
25 | ointments, or other products containing usable cannabis that | ||||||
26 | are not smoked.
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1 | (r) "Medical use" means the acquisition; administration; | ||||||
2 | delivery; possession; transfer; transportation; or use of | ||||||
3 | cannabis to treat or alleviate a registered qualifying | ||||||
4 | patient's debilitating medical condition or symptoms | ||||||
5 | associated with the patient's debilitating medical condition.
| ||||||
6 | (r-5) "Opioid" means a narcotic drug or substance that is | ||||||
7 | a
Schedule II controlled substance under paragraph (1), (2), | ||||||
8 | (3),
or (5) of subsection (b) or under subsection (c) of | ||||||
9 | Section 206
of the Illinois Controlled Substances Act. | ||||||
10 | (r-10) "Opioid Alternative Pilot Program participant" | ||||||
11 | means an individual who has
received a valid written | ||||||
12 | certification to participate in the Opioid Alternative Pilot | ||||||
13 | Program for a medical condition for
which an opioid has been or | ||||||
14 | could be prescribed by a certifying health care professional
| ||||||
15 | based on generally accepted standards of care. | ||||||
16 | (s) "Physician" means a doctor of medicine or doctor of | ||||||
17 | osteopathy licensed under the Medical Practice Act of 1987 to | ||||||
18 | practice medicine and who has a controlled substances license | ||||||
19 | under Article III of the Illinois Controlled Substances Act. | ||||||
20 | It does not include a licensed practitioner under any other | ||||||
21 | Act including but not limited to the Illinois Dental Practice | ||||||
22 | Act.
| ||||||
23 | (s-1) "Physician assistant" means a physician assistant | ||||||
24 | licensed under the Physician Assistant Practice Act of 1987 | ||||||
25 | and who has a controlled substances license under Article III | ||||||
26 | of the Illinois Controlled Substances Act. |
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1 | (s-5) "Provisional registration" means a document issued | ||||||
2 | by the Department of Public Health to a qualifying patient who | ||||||
3 | has submitted: (1) an online application and paid a fee to | ||||||
4 | participate in Compassionate Use of Medical Cannabis Program | ||||||
5 | pending approval or denial of the patient's application; or | ||||||
6 | (2) a completed application for terminal illness. | ||||||
7 | (t) "Qualifying patient" means a person who has been | ||||||
8 | diagnosed by a certifying health care professional as having a | ||||||
9 | debilitating medical condition.
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10 | (u) "Registered" means licensed, permitted, or otherwise | ||||||
11 | certified by the Department of Agriculture, Department of | ||||||
12 | Public Health, or Department of Financial and Professional | ||||||
13 | Regulation.
| ||||||
14 | (v) "Registry identification card" means a document issued | ||||||
15 | by the Department of Public Health that identifies a person as | ||||||
16 | a registered qualifying patient or registered designated | ||||||
17 | caregiver.
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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.
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24 | (x) "Verification system" means a Web-based system | ||||||
25 | established and maintained by the Department of Public Health | ||||||
26 | that is available to the Department of Agriculture, the |
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1 | Department of Financial and Professional Regulation, law | ||||||
2 | enforcement personnel, and registered medical cannabis | ||||||
3 | dispensing organization agents on a 24-hour basis for the | ||||||
4 | verification of registry
identification cards, the tracking of | ||||||
5 | delivery of medical cannabis to medical cannabis dispensing | ||||||
6 | organizations, and the tracking of the date of sale, amount, | ||||||
7 | and price of medical cannabis purchased by a registered | ||||||
8 | qualifying patient.
| ||||||
9 | (y) "Written certification" means a document dated and | ||||||
10 | signed by a certifying health care professional, stating (1) | ||||||
11 | that the qualifying patient has a debilitating medical | ||||||
12 | condition and specifying the debilitating medical condition | ||||||
13 | the qualifying patient has; and (2) that (A) the certifying | ||||||
14 | health care professional is treating or managing treatment of | ||||||
15 | the patient's debilitating medical condition; or (B) an Opioid | ||||||
16 | Alternative Pilot Program participant has a medical condition | ||||||
17 | for which opioids have been or could be prescribed. A written | ||||||
18 | certification shall be made only in the course of a bona fide | ||||||
19 | health care professional-patient relationship, after the | ||||||
20 | certifying health care professional has completed an | ||||||
21 | assessment of either a qualifying patient's medical history or | ||||||
22 | Opioid Alternative Pilot Program participant, reviewed | ||||||
23 | relevant records related to the patient's debilitating | ||||||
24 | condition, and conducted a physical examination. | ||||||
25 | (z) "Bona fide health care professional-patient | ||||||
26 | relationship" means a
relationship established at a hospital, |
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1 | certifying health care professional's office, or other health | ||||||
2 | care facility in which the certifying health care professional | ||||||
3 | has an ongoing responsibility for the assessment, care, and | ||||||
4 | treatment of a
patient's debilitating medical condition or a | ||||||
5 | symptom of the
patient's debilitating medical condition. | ||||||
6 | A veteran who has received treatment at a VA hospital | ||||||
7 | shall be deemed to have a bona fide health care | ||||||
8 | professional-patient relationship with a VA certifying health | ||||||
9 | care professional if the patient has been seen for his or her | ||||||
10 | debilitating medical condition at the VA Hospital in | ||||||
11 | accordance with VA Hospital protocols. | ||||||
12 | A bona fide health care professional-patient relationship | ||||||
13 | under this subsection is a privileged communication within the | ||||||
14 | meaning of Section 8-802 of the Code of Civil Procedure.
| ||||||
15 | (Source: P.A. 100-1114, eff. 8-28-18; 101-363, eff. 8-9-19.) | ||||||
16 | (410 ILCS 130/85)
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17 | Sec. 85. Issuance and denial of medical cannabis | ||||||
18 | cultivation permit. | ||||||
19 | (a) The Department of Agriculture may register up to 22 | ||||||
20 | cultivation center registrations for operation. The Department | ||||||
21 | of Agriculture may not issue more than one registration per | ||||||
22 | each Illinois State Police District boundary as specified on | ||||||
23 | the date of January 1, 2013. The Department of Agriculture may | ||||||
24 | not issue less than the 22 registrations if there are | ||||||
25 | qualified applicants who have applied with the Department.
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1 | (b) The registrations shall be issued and renewed annually | ||||||
2 | as determined by administrative rule.
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3 | (c) The Department of Agriculture shall determine a | ||||||
4 | registration fee by rule.
| ||||||
5 | (d) A cultivation center may only operate if it has been | ||||||
6 | issued a valid registration from the Department of | ||||||
7 | Agriculture. When applying for a cultivation center | ||||||
8 | registration, the applicant shall submit the following in | ||||||
9 | accordance with Department of Agriculture rules:
| ||||||
10 | (1) the proposed legal name of the cultivation center;
| ||||||
11 | (2) the proposed physical address of the cultivation | ||||||
12 | center and description of the enclosed, locked facility as | ||||||
13 | it applies to cultivation centers where medical cannabis | ||||||
14 | will be grown, harvested, manufactured, packaged, or | ||||||
15 | otherwise prepared for distribution to a dispensing | ||||||
16 | organization;
| ||||||
17 | (3) the name, address, and date of birth of each | ||||||
18 | principal officer and board member of the cultivation | ||||||
19 | center, provided that all those individuals shall be at | ||||||
20 | least 21 years of age;
| ||||||
21 | (4) any instance in which a business that any of the | ||||||
22 | prospective board members of the cultivation center had | ||||||
23 | managed or served on the board of the business and was | ||||||
24 | convicted, fined, censured, or had a registration or | ||||||
25 | license suspended or revoked in any administrative or | ||||||
26 | judicial proceeding;
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1 | (5) cultivation, inventory, and packaging plans;
| ||||||
2 | (6) proposed operating by-laws that include procedures | ||||||
3 | for the oversight of the cultivation center, development | ||||||
4 | and implementation of a plant monitoring system, medical | ||||||
5 | cannabis container tracking system, accurate record | ||||||
6 | keeping, staffing plan, and security plan reviewed by the | ||||||
7 | Illinois State Police that are in accordance with the | ||||||
8 | rules issued by the Department of Agriculture under this | ||||||
9 | Act. A physical inventory shall be performed of all plants | ||||||
10 | and medical cannabis containers on a weekly basis;
| ||||||
11 | (7) experience with agricultural cultivation | ||||||
12 | techniques and industry standards;
| ||||||
13 | (8) any academic degrees, certifications, or relevant | ||||||
14 | experience with related businesses;
| ||||||
15 | (9) the identity of every person, association, trust, | ||||||
16 | or corporation having any direct or indirect pecuniary | ||||||
17 | interest in the cultivation center operation with respect | ||||||
18 | to which the registration is sought. If the disclosed | ||||||
19 | entity is a trust, the application shall disclose the | ||||||
20 | names and addresses of the beneficiaries; if a | ||||||
21 | corporation, the names and addresses of all stockholders | ||||||
22 | and directors; if a partnership, the names and addresses | ||||||
23 | of all partners, both general and limited;
| ||||||
24 | (10) verification from the Illinois State Police that | ||||||
25 | all background checks of the principal officer, board | ||||||
26 | members, and registered agents have been conducted and |
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1 | those individuals have not been convicted of an excluded | ||||||
2 | offense ;
| ||||||
3 | (11) provide a copy of the current local zoning | ||||||
4 | ordinance to the Department of Agriculture and verify that | ||||||
5 | proposed cultivation center is in compliance with the | ||||||
6 | local zoning rules issued in accordance with Section 140;
| ||||||
7 | (12) an application fee set by the Department of | ||||||
8 | Agriculture by rule; and
| ||||||
9 | (13) any other information required by Department of | ||||||
10 | Agriculture rules, including, but not limited to a | ||||||
11 | cultivation center applicant's experience with the | ||||||
12 | cultivation of agricultural or horticultural products, | ||||||
13 | operating an agriculturally related business, or operating | ||||||
14 | a horticultural business.
| ||||||
15 | (e) An application for a cultivation center permit must be | ||||||
16 | denied if any of the following conditions are met:
| ||||||
17 | (1) the applicant failed to submit the materials | ||||||
18 | required by this Section, including if the applicant's | ||||||
19 | plans do not satisfy the security, oversight, inventory, | ||||||
20 | or recordkeeping rules issued by the Department of | ||||||
21 | Agriculture;
| ||||||
22 | (2) the applicant would not be in compliance with | ||||||
23 | local zoning rules issued in accordance with Section 140;
| ||||||
24 | (3) (blank) one or more of the prospective principal | ||||||
25 | officers or board members has been convicted of an | ||||||
26 | excluded offense ;
|
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| |||||||
1 | (4) one or more of the prospective principal officers | ||||||
2 | or board members has served as a principal officer or | ||||||
3 | board member for a registered dispensing organization or | ||||||
4 | cultivation center that has had its registration revoked;
| ||||||
5 | (5) one or more of the principal officers or board | ||||||
6 | members is under 21 years of age;
| ||||||
7 | (6) a principal officer or board member of the | ||||||
8 | cultivation center has been convicted of a felony under | ||||||
9 | the laws of this State, any other state, or the United | ||||||
10 | States;
| ||||||
11 | (7) a principal officer or board member of the | ||||||
12 | cultivation center has been convicted of any violation of | ||||||
13 | Article 28 of the Criminal Code of 2012, or substantially | ||||||
14 | similar laws of any other jurisdiction; or
| ||||||
15 | (8) the person has submitted an application for a | ||||||
16 | certificate under this Act which contains false | ||||||
17 | information.
| ||||||
18 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
19 | (410 ILCS 130/95)
| ||||||
20 | Sec. 95. Background checks. | ||||||
21 | (a) (Blank). The Department of Agriculture through the | ||||||
22 | Illinois State Police shall conduct a background check of the | ||||||
23 | prospective cultivation center agents. The Illinois State | ||||||
24 | Police shall charge a fee for conducting the criminal history | ||||||
25 | record check, which shall be deposited in the State Police |
| |||||||
| |||||||
1 | Services Fund and shall not exceed the actual cost of the | ||||||
2 | record check. In order to carry out this provision, each | ||||||
3 | person applying as a cultivation center agent shall submit a | ||||||
4 | full set of fingerprints to the Illinois State Police for the | ||||||
5 | purpose of obtaining a State and federal criminal records | ||||||
6 | check. These fingerprints shall be checked against the | ||||||
7 | fingerprint records now and hereafter, to the extent allowed | ||||||
8 | by law, filed in the Illinois State Police and Federal Bureau | ||||||
9 | of Investigation criminal history records databases. The | ||||||
10 | Illinois State Police shall furnish, following positive | ||||||
11 | identification, all Illinois conviction information to the | ||||||
12 | Department of Agriculture.
| ||||||
13 | (b) (Blank). When applying for the initial permit, the | ||||||
14 | background checks for the principal officer, board members, | ||||||
15 | and registered agents shall be completed prior to submitting | ||||||
16 | the application to the Department of Agriculture.
| ||||||
17 | (c) Through the Illinois State Police, the licensing or | ||||||
18 | issuing Department shall conduct a criminal history record | ||||||
19 | check of the prospective principal officers, board members, | ||||||
20 | and agents of a medical cannabis dispensing organization or | ||||||
21 | cultivation center applying for a license or agent | ||||||
22 | identification card under this Act. | ||||||
23 | Each medical cannabis dispensing organization or | ||||||
24 | cultivation center's prospective principal officer, board | ||||||
25 | member, or agent shall submit his or her fingerprints to the | ||||||
26 | Illinois State Police in the form and manner prescribed by the |
| |||||||
| |||||||
1 | Illinois State Police. | ||||||
2 | Unless otherwise provided in this Act, the fingerprints | ||||||
3 | shall be transmitted through a live scan fingerprint vendor | ||||||
4 | licensed by the Department of Financial and Professional | ||||||
5 | Regulation. The fingerprints shall be checked against the | ||||||
6 | fingerprint records now and hereafter filed in the Illinois | ||||||
7 | State Police and Federal Bureau of Investigation criminal | ||||||
8 | history records databases. The Illinois State Police shall | ||||||
9 | charge a fee for conducting the criminal history record check, | ||||||
10 | which shall be deposited into the State Police Services Fund | ||||||
11 | and shall not exceed the actual cost of the State and national | ||||||
12 | criminal history record check. The Illinois State Police shall | ||||||
13 | furnish, if there is a positive identification, all Illinois | ||||||
14 | conviction information and shall forward the national criminal | ||||||
15 | history record information to: | ||||||
16 | (1) the Department of Agriculture, with respect to a | ||||||
17 | cultivation center; or | ||||||
18 | (2) the Department of Financial and Professional | ||||||
19 | Regulation, with respect to a dispensing organization. | ||||||
20 | (d) When applying for the initial license or | ||||||
21 | identification card, the background checks for all prospective | ||||||
22 | principal officers, board members, and agents shall be | ||||||
23 | completed before submitting the application to the licensing | ||||||
24 | or issuing agency. | ||||||
25 | (e) All applications for licensure under this Act by | ||||||
26 | applicants with criminal convictions shall be subject to |
| |||||||
| |||||||
1 | Sections 2105-131, 2105-135, and 2105-205 of the Department of | ||||||
2 | Professional Regulation Law of the Civil Administrative Code | ||||||
3 | of Illinois. However, nothing in this Section or Act shall be | ||||||
4 | construed to prevent or otherwise inhibit the ability of an | ||||||
5 | otherwise qualified individual from serving as a principal | ||||||
6 | officer or agent of a cannabis business establishment on the | ||||||
7 | sole basis of a nonviolent criminal conviction related to | ||||||
8 | cannabis. | ||||||
9 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
10 | (410 ILCS 130/100)
| ||||||
11 | Sec. 100. Cultivation center agent identification card. | ||||||
12 | (a) The Department of Agriculture shall:
| ||||||
13 | (1) verify the information contained in an application | ||||||
14 | or renewal for a cultivation center identification card | ||||||
15 | submitted under this Act, and approve or deny an | ||||||
16 | application or renewal, within 30 days of receiving a | ||||||
17 | completed application or renewal application and all | ||||||
18 | supporting documentation required by rule;
| ||||||
19 | (2) issue a cultivation center agent identification | ||||||
20 | card to a qualifying agent within 15 business days of | ||||||
21 | approving the application or renewal;
| ||||||
22 | (3) enter the registry identification number of the | ||||||
23 | cultivation center where the agent works; and
| ||||||
24 | (4) allow for an electronic application process, and | ||||||
25 | provide a confirmation by electronic or other methods that |
| |||||||
| |||||||
1 | an application has been submitted.
| ||||||
2 | (b) A cultivation center agent must keep his or her | ||||||
3 | identification card visible at all times when on the property | ||||||
4 | of a cultivation center and during the transportation of | ||||||
5 | medical cannabis to a registered dispensary organization.
| ||||||
6 | (c) The cultivation center agent identification cards | ||||||
7 | shall contain the following:
| ||||||
8 | (1) the name of the cardholder;
| ||||||
9 | (2) the date of issuance and expiration date of | ||||||
10 | cultivation center agent identification cards;
| ||||||
11 | (3) a random 10-digit alphanumeric identification | ||||||
12 | number containing at least 4 numbers and at least 4 | ||||||
13 | letters that is unique to the holder; and
| ||||||
14 | (4) a photograph of the cardholder.
| ||||||
15 | (d) The cultivation center agent identification cards | ||||||
16 | shall be immediately returned to the cultivation center upon | ||||||
17 | termination of employment.
| ||||||
18 | (e) Any card lost by a cultivation center agent shall be | ||||||
19 | reported to the Illinois State Police and the Department of | ||||||
20 | Agriculture immediately upon discovery of the loss.
| ||||||
21 | (f) (Blank). An applicant shall be denied a cultivation | ||||||
22 | center agent identification card if he or she has been | ||||||
23 | convicted of an excluded offense.
| ||||||
24 | (g) An agent applicant may begin employment at a | ||||||
25 | cultivation center while the agent applicant's identification | ||||||
26 | card application is pending. Upon approval, the Department |
| |||||||
| |||||||
1 | shall issue the agent's identification card to the agent. If | ||||||
2 | denied, the cultivation center and the agent applicant shall | ||||||
3 | be notified and the agent applicant must cease all activity at | ||||||
4 | the cultivation center immediately.
| ||||||
5 | (Source: P.A. 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; | ||||||
6 | 102-813, eff. 5-13-22.) | ||||||
7 | (410 ILCS 130/105)
| ||||||
8 | Sec. 105. Requirements; prohibitions; penalties for | ||||||
9 | cultivation centers. | ||||||
10 | (a) The operating documents of a registered cultivation | ||||||
11 | center shall include procedures for the oversight of the | ||||||
12 | cultivation center, a cannabis plant monitoring system | ||||||
13 | including a physical inventory recorded weekly, a cannabis | ||||||
14 | container system including a physical inventory recorded | ||||||
15 | weekly, accurate record keeping, and a staffing plan.
| ||||||
16 | (b) A registered cultivation center shall implement a | ||||||
17 | security plan reviewed by the Illinois State Police and | ||||||
18 | including but not limited to: facility access controls, | ||||||
19 | perimeter intrusion detection systems, personnel | ||||||
20 | identification systems, 24-hour surveillance system to monitor | ||||||
21 | the interior and exterior of the registered cultivation center | ||||||
22 | facility and accessible to authorized law enforcement and the | ||||||
23 | Department of Agriculture in real-time.
| ||||||
24 | (c) A registered cultivation center may not be located | ||||||
25 | within 2,500 feet of the property line of a pre-existing |
| |||||||
| |||||||
1 | public or private preschool or elementary or secondary school | ||||||
2 | or day care center, day care home, group day care home, part | ||||||
3 | day child care facility, or an area zoned for residential use. | ||||||
4 | (d) All cultivation of cannabis for distribution to a | ||||||
5 | registered dispensing organization must take place in an | ||||||
6 | enclosed, locked facility as it applies to cultivation centers | ||||||
7 | at the physical address provided to the Department of | ||||||
8 | Agriculture during the registration process. The cultivation | ||||||
9 | center location shall only be accessed by the cultivation | ||||||
10 | center agents working for the registered cultivation center, | ||||||
11 | Department of Agriculture staff performing inspections, | ||||||
12 | Department of Public Health staff performing inspections, law | ||||||
13 | enforcement or other emergency personnel, and contractors | ||||||
14 | working on jobs unrelated to medical cannabis, such as | ||||||
15 | installing or maintaining security devices or performing | ||||||
16 | electrical wiring.
| ||||||
17 | (e) A cultivation center may not sell or distribute any | ||||||
18 | cannabis to any individual or entity other than another | ||||||
19 | cultivation center, a dispensing organization registered under | ||||||
20 | this Act, or a laboratory licensed by the Department of | ||||||
21 | Agriculture.
| ||||||
22 | (f) All harvested cannabis intended for distribution to a | ||||||
23 | dispensing organization must be packaged in a labeled medical | ||||||
24 | cannabis container and entered into a data collection system.
| ||||||
25 | (g) (Blank). No person who has been convicted of an | ||||||
26 | excluded offense may be a cultivation center agent.
|
| |||||||
| |||||||
1 | (h) Registered cultivation centers are subject to random | ||||||
2 | inspection by the Illinois State Police.
| ||||||
3 | (i) Registered cultivation centers are subject to random | ||||||
4 | inspections by the Department of Agriculture and the | ||||||
5 | Department of Public Health.
| ||||||
6 | (j) A cultivation center agent shall notify local law | ||||||
7 | enforcement, the Illinois State Police, and the Department of | ||||||
8 | Agriculture within 24 hours of the discovery of any loss or | ||||||
9 | theft. Notification shall be made by phone or in-person, or by | ||||||
10 | written or electronic communication.
| ||||||
11 | (k) A cultivation center shall comply with all State and | ||||||
12 | federal rules and regulations regarding the use of pesticides.
| ||||||
13 | (Source: P.A. 101-363, eff. 8-9-19; 102-538, eff. 8-20-21.) | ||||||
14 | (410 ILCS 130/115)
| ||||||
15 | Sec. 115. Registration of dispensing organizations. | ||||||
16 | (a) The Department of Financial and Professional | ||||||
17 | Regulation may issue up to 60 dispensing organization | ||||||
18 | registrations for operation. The Department of Financial and | ||||||
19 | Professional Regulation may not issue less than the 60 | ||||||
20 | registrations if there are qualified applicants who have | ||||||
21 | applied with the Department of Financial and Professional | ||||||
22 | Regulation. The organizations shall be geographically | ||||||
23 | dispersed throughout the State to allow all registered | ||||||
24 | qualifying patients reasonable proximity and access to a | ||||||
25 | dispensing organization.
|
| |||||||
| |||||||
1 | (a-5) The Department of Financial and Professional | ||||||
2 | Regulation shall adopt rules to create a registration process | ||||||
3 | for Social Equity Justice Involved Applicants and Qualifying | ||||||
4 | Applicants, a streamlined application, and a Social Equity | ||||||
5 | Justice Involved Medical Lottery under Section 115.5 to issue | ||||||
6 | the remaining available 5 dispensing organization | ||||||
7 | registrations for operation. For purposes of this Section: | ||||||
8 | "Disproportionately Impacted Area" means a census tract or | ||||||
9 | comparable geographic area that satisfies the following | ||||||
10 | criteria as determined by the Department of Commerce and | ||||||
11 | Economic Opportunity, that: | ||||||
12 | (1) meets at least one of the following criteria: | ||||||
13 | (A) the area has a poverty rate of at least 20% | ||||||
14 | according to the latest federal decennial census; or | ||||||
15 | (B) 75% or more of the children in the area | ||||||
16 | participate in the federal free lunch program | ||||||
17 | according to reported statistics from the State Board | ||||||
18 | of Education; or | ||||||
19 | (C) at least 20% of the households in the area | ||||||
20 | receive assistance under the Supplemental Nutrition | ||||||
21 | Assistance Program; or | ||||||
22 | (D) the area has an average unemployment rate, as | ||||||
23 | determined by the Illinois Department of Employment | ||||||
24 | Security, that is more than 120% of the national | ||||||
25 | unemployment average, as determined by the United | ||||||
26 | States Department of Labor, for a period of at least 2 |
| |||||||
| |||||||
1 | consecutive calendar years preceding the date of the | ||||||
2 | application; and | ||||||
3 | (2) has high rates of arrest, conviction, and | ||||||
4 | incarceration related to sale, possession, use, | ||||||
5 | cultivation, manufacture, or transport of cannabis. | ||||||
6 | "Qualifying Applicant" means an applicant that: (i) | ||||||
7 | submitted an application pursuant to Section 15-30 of the | ||||||
8 | Cannabis Regulation and Tax Act that received at least 85% of | ||||||
9 | 250 application points available under Section 15-30 of the | ||||||
10 | Cannabis Regulation and Tax Act as the applicant's final | ||||||
11 | score; (ii) received points at the conclusion of the scoring | ||||||
12 | process for meeting the definition of a "Social Equity | ||||||
13 | Applicant" as set forth under the Cannabis Regulation and Tax | ||||||
14 | Act; and (iii) is an applicant that did not receive a | ||||||
15 | Conditional Adult Use Dispensing Organization License through | ||||||
16 | a Qualifying Applicant Lottery pursuant to Section 15-35 of | ||||||
17 | the Cannabis Regulation and Tax Act or any Tied Applicant | ||||||
18 | Lottery conducted under the Cannabis Regulation and Tax Act. | ||||||
19 | "Social Equity Justice Involved Applicant" means an | ||||||
20 | applicant that is an Illinois resident and one of the | ||||||
21 | following: | ||||||
22 | (1) an applicant with at least 51% ownership and | ||||||
23 | control by one or more individuals who have resided for at | ||||||
24 | least 5 of the preceding 10 years in a Disproportionately | ||||||
25 | Impacted Area; | ||||||
26 | (2) an applicant with at least 51% of ownership and |
| |||||||
| |||||||
1 | control by one or more individuals who have been arrested | ||||||
2 | for, convicted of, or adjudicated delinquent for any | ||||||
3 | offense that is eligible for expungement under subsection | ||||||
4 | (i) of Section 5.2 of the Criminal Identification Act; or | ||||||
5 | (3) an applicant with at least 51% ownership and | ||||||
6 | control by one or more members of an impacted family. | ||||||
7 | (b) A dispensing organization may only operate if it has | ||||||
8 | been issued a registration from the Department of Financial | ||||||
9 | and Professional Regulation. The Department of Financial and | ||||||
10 | Professional Regulation shall adopt rules establishing the | ||||||
11 | procedures for applicants for dispensing organizations.
| ||||||
12 | (c) When applying for a dispensing organization | ||||||
13 | registration, the applicant shall submit, at a minimum, the | ||||||
14 | following in accordance with Department of Financial and | ||||||
15 | Professional Regulation rules:
| ||||||
16 | (1) a non-refundable application fee established by | ||||||
17 | rule;
| ||||||
18 | (2) the proposed legal name of the dispensing | ||||||
19 | organization;
| ||||||
20 | (3) the proposed physical address of the dispensing | ||||||
21 | organization;
| ||||||
22 | (4) the name, address, and date of birth of each | ||||||
23 | principal officer and board member of the dispensing | ||||||
24 | organization, provided that all those individuals shall be | ||||||
25 | at least 21 years of age;
| ||||||
26 | (5) (blank);
|
| |||||||
| |||||||
1 | (6) (blank); and
| ||||||
2 | (7) (blank).
| ||||||
3 | (d) The Department of Financial and Professional | ||||||
4 | Regulation shall conduct a background check pursuant to | ||||||
5 | Section 95. of the prospective dispensing organization agents | ||||||
6 | in order to carry out this Section. The Department of State | ||||||
7 | Police shall charge a fee for conducting the criminal history | ||||||
8 | record check, which shall be deposited in the State Police | ||||||
9 | Services Fund and shall not exceed the actual cost of the | ||||||
10 | record check. Each person applying as a dispensing | ||||||
11 | organization agent shall submit a full set of fingerprints to | ||||||
12 | the Department of State Police for the purpose of obtaining a | ||||||
13 | State and federal criminal records check. These fingerprints | ||||||
14 | shall be checked against the fingerprint records now and | ||||||
15 | hereafter, to the extent allowed by law, filed in the | ||||||
16 | Department of State Police and Federal Bureau of Investigation | ||||||
17 | criminal history records databases. The Department of State | ||||||
18 | Police shall furnish, following positive identification, all | ||||||
19 | Illinois conviction information to the Department of Financial | ||||||
20 | and Professional Regulation.
| ||||||
21 | (e) A dispensing organization must pay a registration fee | ||||||
22 | set by the Department of Financial and Professional | ||||||
23 | Regulation.
| ||||||
24 | (f) An application for a medical cannabis dispensing | ||||||
25 | organization registration must be denied if any of the | ||||||
26 | following conditions are met:
|
| |||||||
| |||||||
1 | (1) the applicant failed to submit the materials | ||||||
2 | required by this Section, including if the applicant's | ||||||
3 | plans do not satisfy the security, oversight, or | ||||||
4 | recordkeeping rules issued by the Department of Financial | ||||||
5 | and Professional Regulation;
| ||||||
6 | (2) the applicant would not be in compliance with | ||||||
7 | local zoning rules issued in accordance with Section 140;
| ||||||
8 | (3) the applicant does not meet the requirements of | ||||||
9 | Section 130;
| ||||||
10 | (4) (blank); one or more of the prospective principal | ||||||
11 | officers or board members has been convicted of an | ||||||
12 | excluded offense;
| ||||||
13 | (5) one or more of the prospective principal officers | ||||||
14 | or board members has served as a principal officer or | ||||||
15 | board member for a registered medical cannabis dispensing | ||||||
16 | organization that has had its registration revoked; and
| ||||||
17 | (6) one or more of the principal officers or board | ||||||
18 | members is under 21 years of age.
| ||||||
19 | (Source: P.A. 101-363, eff. 8-9-19; 102-98, eff. 7-15-21.) | ||||||
20 | (410 ILCS 130/120)
| ||||||
21 | Sec. 120. Dispensing organization agent identification | ||||||
22 | card. | ||||||
23 | (a) The Department of Financial and Professional | ||||||
24 | Regulation shall:
| ||||||
25 | (1) verify the information contained in an application |
| |||||||
| |||||||
1 | or renewal for a dispensing organization agent | ||||||
2 | identification card submitted under this Act, and approve | ||||||
3 | or deny an application or renewal, within 30 days of | ||||||
4 | receiving a completed application or renewal application | ||||||
5 | and all supporting documentation required by rule;
| ||||||
6 | (2) issue a dispensing organization agent | ||||||
7 | identification card to a qualifying agent within 15 | ||||||
8 | business days of approving the application or renewal;
| ||||||
9 | (3) enter the registry identification number of the | ||||||
10 | dispensing organization where the agent works; and
| ||||||
11 | (4) allow for an electronic application process, and | ||||||
12 | provide a confirmation by electronic or other methods that | ||||||
13 | an application has been submitted.
| ||||||
14 | (b) A dispensing agent must keep his or her identification | ||||||
15 | card visible at all times when on the property of a dispensing | ||||||
16 | organization.
| ||||||
17 | (c) The dispensing organization agent identification cards | ||||||
18 | shall contain the following:
| ||||||
19 | (1) the name of the cardholder;
| ||||||
20 | (2) the date of issuance and expiration date of the | ||||||
21 | dispensing organization agent identification cards;
| ||||||
22 | (3) a random 10 digit alphanumeric identification | ||||||
23 | number containing at least 4 numbers and at least 4 | ||||||
24 | letters; that is unique to the holder; and
| ||||||
25 | (4) a photograph of the cardholder.
| ||||||
26 | (d) The dispensing organization agent identification cards |
| |||||||
| |||||||
1 | shall be immediately returned to the dispensing organization | ||||||
2 | upon termination of employment.
| ||||||
3 | (e) Any card lost by a dispensing organization agent shall | ||||||
4 | be reported to the Illinois State Police and the Department of | ||||||
5 | Financial and Professional Regulation immediately upon | ||||||
6 | discovery of the loss.
| ||||||
7 | (f) (Blank). An applicant shall be denied a dispensing | ||||||
8 | organization agent identification card if he or she has been | ||||||
9 | convicted of an excluded offense.
| ||||||
10 | (Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15 .) | ||||||
11 | Section 10. The Cannabis Regulation and Tax Act is amended | ||||||
12 | by changing Section 5-20 as follows: | ||||||
13 | (410 ILCS 705/5-20)
| ||||||
14 | Sec. 5-20. Background checks. | ||||||
15 | (a) Through the Illinois State Police, the licensing or | ||||||
16 | issuing Department shall conduct a criminal history record | ||||||
17 | check of the prospective principal officers, board members, | ||||||
18 | and agents of a cannabis business establishment applying for a | ||||||
19 | license or identification card under this Act. | ||||||
20 | Each cannabis business establishment prospective principal | ||||||
21 | officer, board member, or agent shall submit his or her | ||||||
22 | fingerprints to the Illinois State Police in the form and | ||||||
23 | manner prescribed by the Illinois State Police. | ||||||
24 | Unless otherwise provided in this Act, such fingerprints |
| |||||||
| |||||||
1 | shall be transmitted through a live scan fingerprint vendor | ||||||
2 | licensed by the Department of Financial and Professional | ||||||
3 | Regulation. These fingerprints shall be checked against the | ||||||
4 | fingerprint records now and hereafter filed in the Illinois | ||||||
5 | State Police and Federal Bureau of Investigation criminal | ||||||
6 | history records databases. The Illinois State Police shall | ||||||
7 | charge a fee for conducting the criminal history record check, | ||||||
8 | which shall be deposited into the State Police Services Fund | ||||||
9 | and shall not exceed the actual cost of the State and national | ||||||
10 | criminal history record check. The Illinois State Police shall | ||||||
11 | furnish, pursuant to positive identification, all Illinois | ||||||
12 | conviction information and shall forward the national criminal | ||||||
13 | history record information to: | ||||||
14 | (i) the Department of Agriculture, with respect to a | ||||||
15 | cultivation center, craft grower, infuser organization, or | ||||||
16 | transporting organization; or | ||||||
17 | (ii) the Department of Financial and Professional | ||||||
18 | Regulation, with respect to a dispensing organization. | ||||||
19 | (b) When applying for the initial license or | ||||||
20 | identification card, the background checks for all prospective | ||||||
21 | principal officers, board members, and agents shall be | ||||||
22 | completed before submitting the application to the licensing | ||||||
23 | or issuing agency. | ||||||
24 | (c) All applications for licensure under this Act by | ||||||
25 | applicants with criminal convictions shall be subject to | ||||||
26 | Sections 2105-131, 2105-135, and 2105-205 of the Department of |
| |||||||
| |||||||
1 | Professional Regulation Law of the Civil Administrative Code | ||||||
2 | of Illinois. However, nothing in this Section or Act shall be | ||||||
3 | construed to prevent or otherwise inhibit the ability of an | ||||||
4 | otherwise qualified individual from serving as a principal | ||||||
5 | officer or agent of a cannabis business establishment on the | ||||||
6 | sole basis of a nonviolent criminal conviction related to | ||||||
7 | cannabis.
| ||||||
8 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; | ||||||
9 | 102-538, eff. 8-20-21.)
|