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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 35, 130, and 145 as | |||||||||||||||||||
6 | follows: | |||||||||||||||||||
7 | (410 ILCS 130/35)
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8 | Sec. 35. Certifying health care professional requirements.
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9 | (a) A certifying health care professional who certifies a | |||||||||||||||||||
10 | debilitating medical condition for a qualifying patient shall | |||||||||||||||||||
11 | comply with all of the following requirements:
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12 | (1) The certifying health care professional shall be | |||||||||||||||||||
13 | currently licensed under the Medical Practice Act of 1987 | |||||||||||||||||||
14 | to practice medicine in all its branches, the Nurse | |||||||||||||||||||
15 | Practice Act, or the Physician Assistant Practice Act of | |||||||||||||||||||
16 | 1987, shall be in good standing, and must hold a | |||||||||||||||||||
17 | controlled substances license under Article III of the | |||||||||||||||||||
18 | Illinois Controlled Substances Act.
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19 | (2) A certifying health care professional certifying a | |||||||||||||||||||
20 | patient's condition shall comply with generally accepted | |||||||||||||||||||
21 | standards of medical practice, the provisions of the Act | |||||||||||||||||||
22 | under which he or she is licensed and all applicable | |||||||||||||||||||
23 | rules.
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1 | (3) (Blank). The physical examination required by this | ||||||
2 | Act may not be performed by remote means, including | ||||||
3 | telemedicine.
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4 | (4) The certifying health care professional shall | ||||||
5 | maintain a record-keeping system for all patients for whom | ||||||
6 | the certifying health care professional has certified the | ||||||
7 | patient's medical condition. These records shall be | ||||||
8 | accessible to and subject to review by the Department of | ||||||
9 | Public Health and the Department of Financial and | ||||||
10 | Professional Regulation upon request.
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11 | (b) A certifying health care professional may not:
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12 | (1) accept, solicit, or offer any form of remuneration | ||||||
13 | from or to a qualifying patient, primary caregiver, | ||||||
14 | cultivation center, or dispensing organization, including | ||||||
15 | each principal officer, board member, agent, and employee, | ||||||
16 | to certify a patient, other than accepting payment from a | ||||||
17 | patient for the fee associated with the required | ||||||
18 | examination, except for the limited purpose of performing | ||||||
19 | a medical cannabis-related research study; | ||||||
20 | (1.5) accept, solicit, or offer any form of | ||||||
21 | remuneration from or to a medical cannabis cultivation | ||||||
22 | center or dispensary organization for the purposes of | ||||||
23 | referring a patient to a specific dispensary organization; | ||||||
24 | (1.10) engage in any activity that is prohibited under | ||||||
25 | Section 22.2 of the Medical Practice Act of 1987, | ||||||
26 | regardless of whether the certifying health care |
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| |||||||
1 | professional is a physician, advanced practice registered | ||||||
2 | nurse, or physician assistant; | ||||||
3 | (2) offer a discount of any other item of value to a | ||||||
4 | qualifying patient who uses or agrees to use a particular | ||||||
5 | primary caregiver or dispensing organization to obtain | ||||||
6 | medical cannabis;
| ||||||
7 | (3) conduct a personal physical examination of a | ||||||
8 | patient for purposes of diagnosing a debilitating medical | ||||||
9 | condition at a location where medical cannabis is sold or | ||||||
10 | distributed or at the address of a principal officer, | ||||||
11 | agent, or employee or a medical cannabis organization;
| ||||||
12 | (4) hold a direct or indirect economic interest in a | ||||||
13 | cultivation center or dispensing organization if he or she | ||||||
14 | recommends the use of medical cannabis to qualified | ||||||
15 | patients or is in a partnership or other fee or | ||||||
16 | profit-sharing relationship with a certifying health care | ||||||
17 | professional who recommends medical cannabis, except for | ||||||
18 | the limited purpose of performing a medical | ||||||
19 | cannabis-related research study;
| ||||||
20 | (5) serve on the board of directors or as an employee | ||||||
21 | of a cultivation center or dispensing organization;
| ||||||
22 | (6) refer patients to a cultivation center, a | ||||||
23 | dispensing organization, or a registered designated | ||||||
24 | caregiver;
or | ||||||
25 | (7) advertise in a cultivation center or a dispensing | ||||||
26 | organization.
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1 | (c) The Department of Public Health may with reasonable | ||||||
2 | cause refer a certifying health care professional, who has | ||||||
3 | certified a debilitating medical condition of a patient, to | ||||||
4 | the Illinois Department of Financial and Professional | ||||||
5 | Regulation for potential violations of this Section.
| ||||||
6 | (d) Any violation of this Section or any other provision | ||||||
7 | of this Act or rules adopted under this Act is a violation of | ||||||
8 | the certifying health care professional's licensure act.
| ||||||
9 | (e) A certifying health care professional who certifies a | ||||||
10 | debilitating medical condition for a qualifying patient may | ||||||
11 | notify the Department of Public Health in writing: (1) if the | ||||||
12 | certifying health care professional has reason to believe | ||||||
13 | either that the
registered qualifying patient has ceased to | ||||||
14 | suffer from a
debilitating medical condition; (2) that the | ||||||
15 | bona fide health care professional-patient relationship has | ||||||
16 | terminated; or (3) that continued use of medical cannabis | ||||||
17 | would result in contraindication with the patient's
other | ||||||
18 | medication. The registered qualifying patient's registry
| ||||||
19 | identification card shall be revoked by the Department of | ||||||
20 | Public Health after receiving the certifying health care | ||||||
21 | professional's notification. | ||||||
22 | (f) Nothing in this Act shall preclude a certifying health | ||||||
23 | care professional from referring a patient for health | ||||||
24 | services, except when the referral is limited to certification | ||||||
25 | purposes only, under this Act. | ||||||
26 | (Source: P.A. 101-363, eff. 8-9-19; 102-558, eff. 8-20-21.) |
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1 | (410 ILCS 130/130)
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2 | Sec. 130. Requirements; prohibitions; penalties; | ||||||
3 | dispensing organizations. | ||||||
4 | (a) The Department of Financial and Professional | ||||||
5 | Regulation shall implement the provisions of this Section by | ||||||
6 | rule.
| ||||||
7 | (b) A dispensing organization shall maintain operating | ||||||
8 | documents which shall include procedures for the oversight of | ||||||
9 | the registered dispensing organization and procedures to | ||||||
10 | ensure accurate recordkeeping.
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11 | (c) A dispensing organization shall implement appropriate | ||||||
12 | security measures, as provided by rule, to deter and prevent | ||||||
13 | the theft of cannabis and unauthorized entrance into areas | ||||||
14 | containing cannabis.
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15 | (d) A dispensing organization may not be located within | ||||||
16 | 1,000 feet of the property line of a pre-existing public or | ||||||
17 | private preschool or elementary or secondary school or day | ||||||
18 | care center, day care home, group day care home, or part day | ||||||
19 | child care facility. A registered dispensing organization may | ||||||
20 | not be located in a house, apartment, condominium, or an area | ||||||
21 | zoned for residential use.
This subsection shall not apply to | ||||||
22 | any dispensing organizations registered on or after July 1, | ||||||
23 | 2019. | ||||||
24 | (e) A dispensing organization is prohibited from acquiring | ||||||
25 | cannabis from anyone other than a cultivation center, craft |
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1 | grower, processing organization, another dispensing | ||||||
2 | organization, or transporting organization licensed or | ||||||
3 | registered under this Act or the Cannabis Regulation and Tax | ||||||
4 | Act. A dispensing organization is prohibited from obtaining | ||||||
5 | cannabis from outside the State of Illinois.
| ||||||
6 | (f) A registered dispensing organization is prohibited | ||||||
7 | from dispensing cannabis for any purpose except to assist | ||||||
8 | registered qualifying patients with the medical use of | ||||||
9 | cannabis directly or through the qualifying patients' | ||||||
10 | designated caregivers.
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11 | (g) The area in a dispensing organization where medical | ||||||
12 | cannabis is stored can only be accessed by dispensing | ||||||
13 | organization agents working for the dispensing organization, | ||||||
14 | Department of Financial and Professional Regulation staff | ||||||
15 | performing inspections, law enforcement or other emergency | ||||||
16 | personnel, and contractors working on jobs unrelated to | ||||||
17 | medical cannabis, such as installing or maintaining security | ||||||
18 | devices or performing electrical wiring.
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19 | (h) A dispensing organization may not dispense more than | ||||||
20 | 2.5 ounces of cannabis to a registered qualifying patient, | ||||||
21 | directly or via a designated caregiver, in any 14-day period | ||||||
22 | unless the qualifying patient has a Department of Public | ||||||
23 | Health-approved quantity waiver.
Any Department of Public | ||||||
24 | Health-approved quantity waiver process must be made available | ||||||
25 | to qualified veterans. | ||||||
26 | (i) Except as provided in subsection (i-5), before medical |
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1 | cannabis may be dispensed to a designated caregiver or a | ||||||
2 | registered qualifying patient, a dispensing organization agent | ||||||
3 | must determine that the individual is a current cardholder in | ||||||
4 | the verification system and must verify each of the following:
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5 | (1) that the registry identification card presented to | ||||||
6 | the registered dispensing organization is valid;
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7 | (2) that the person presenting the card is the person | ||||||
8 | identified on the registry identification card presented | ||||||
9 | to the dispensing organization agent;
| ||||||
10 | (3) (blank); and
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11 | (4) that the registered qualifying patient has not | ||||||
12 | exceeded his or her adequate supply.
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13 | (i-5) A dispensing organization may dispense medical
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14 | cannabis to an Opioid Alternative Pilot Program participant | ||||||
15 | under Section 62 and to a person presenting proof of | ||||||
16 | provisional registration under Section 55. Before dispensing | ||||||
17 | medical cannabis, the dispensing organization shall comply | ||||||
18 | with the requirements of Section 62 or Section 55, whichever | ||||||
19 | is applicable, and verify the following: | ||||||
20 | (1) that the written certification presented to the | ||||||
21 | registered dispensing organization is valid and an | ||||||
22 | original document; | ||||||
23 | (2) that the person presenting the written | ||||||
24 | certification is the person identified on the written | ||||||
25 | certification; and | ||||||
26 | (3) that the participant has not exceeded his or her |
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1 | adequate supply. | ||||||
2 | (j) Dispensing organizations shall ensure compliance with | ||||||
3 | this limitation by maintaining internal, confidential records | ||||||
4 | that include records specifying how much medical cannabis is | ||||||
5 | dispensed to the registered qualifying patient and whether it | ||||||
6 | was dispensed directly to the registered qualifying patient or | ||||||
7 | to the designated caregiver. Each entry must include the date | ||||||
8 | and time the cannabis was dispensed. Additional recordkeeping | ||||||
9 | requirements may be set by rule.
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10 | (k) The health care professional-patient privilege as set | ||||||
11 | forth by Section 8-802 of the Code of Civil Procedure shall | ||||||
12 | apply between a qualifying patient and a registered dispensing | ||||||
13 | organization and its agents with respect to communications and | ||||||
14 | records concerning qualifying patients' debilitating | ||||||
15 | conditions.
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16 | (l) A dispensing organization may not permit any person to | ||||||
17 | consume cannabis on the property of a medical cannabis | ||||||
18 | organization.
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19 | (m) A dispensing organization may not share office space | ||||||
20 | with or refer patients to a certifying health care | ||||||
21 | professional.
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22 | (n) Notwithstanding any other criminal penalties related | ||||||
23 | to the unlawful possession of cannabis, the Department of | ||||||
24 | Financial and Professional Regulation may revoke, suspend, | ||||||
25 | place on probation, reprimand, refuse to issue or renew, or | ||||||
26 | take any other disciplinary or non-disciplinary action as the |
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1 | Department of Financial and Professional Regulation may deem | ||||||
2 | proper with regard to the registration of any person issued | ||||||
3 | under this Act to operate a dispensing organization or act as a | ||||||
4 | dispensing organization agent, including imposing fines not to | ||||||
5 | exceed $10,000 for each violation, for any violations of this | ||||||
6 | Act and rules adopted in accordance with this Act. The | ||||||
7 | procedures for disciplining a registered dispensing | ||||||
8 | organization shall be determined by rule. All final | ||||||
9 | administrative decisions of the Department of Financial and | ||||||
10 | Professional Regulation are subject to judicial review under | ||||||
11 | the Administrative Review Law and its rules. The term | ||||||
12 | "administrative decision" is defined as in Section 3-101 of | ||||||
13 | the Code of Civil Procedure.
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14 | (o) Dispensing organizations are subject to random | ||||||
15 | inspection and cannabis testing by the Department of Financial | ||||||
16 | and Professional Regulation, the Illinois State Police, the | ||||||
17 | Department of Revenue, the Department of Public Health, the | ||||||
18 | Department of Agriculture, or as provided by rule. The | ||||||
19 | Department of Agriculture shall also have authority to conduct | ||||||
20 | random inspections of transporting organization while at | ||||||
21 | dispensary organizations.
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22 | (p) The Department of Financial and Professional | ||||||
23 | Regulation shall adopt rules permitting returns, and potential | ||||||
24 | refunds, for damaged or inadequate products.
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25 | (q) The Department of Financial and Professional | ||||||
26 | Regulation may issue nondisciplinary citations for minor |
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1 | violations which may be accompanied by a civil penalty not to | ||||||
2 | exceed $10,000 per violation. The penalty shall be a civil | ||||||
3 | penalty or other condition as established by rule. The | ||||||
4 | citation shall be issued to the licensee and shall contain the | ||||||
5 | licensee's name, address, and license number, a brief factual | ||||||
6 | statement, the Sections of the law or rule allegedly violated, | ||||||
7 | and the civil penalty, if any, imposed. The citation must | ||||||
8 | clearly state that the licensee may choose, in lieu of | ||||||
9 | accepting the citation, to request a hearing. If the licensee | ||||||
10 | does not dispute the matter in the citation with the | ||||||
11 | Department of Financial and Professional Regulation within 30 | ||||||
12 | days after the citation is served, then the citation shall | ||||||
13 | become final and shall not be subject to appeal. | ||||||
14 | (Source: P.A. 101-363, eff. 8-9-19; 102-98, eff. 7-15-21.) | ||||||
15 | (410 ILCS 130/145)
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16 | Sec. 145. Confidentiality. | ||||||
17 | (a) The following information received and records kept by | ||||||
18 | the
Department of Public Health, Department of Financial and | ||||||
19 | Professional Regulation, Department of Agriculture, or | ||||||
20 | Illinois State Police for purposes of administering this Act | ||||||
21 | are subject to all applicable federal privacy laws, | ||||||
22 | confidential, and exempt from the Freedom of Information Act, | ||||||
23 | and not subject to disclosure to any individual or public or | ||||||
24 | private entity, except as necessary for authorized employees | ||||||
25 | of those authorized agencies to perform official duties under |
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1 | this Act and the following information received and records | ||||||
2 | kept by Department of Public Health, Department of | ||||||
3 | Agriculture, Department of Financial and Professional | ||||||
4 | Regulation, and Illinois State Police, excluding any existing | ||||||
5 | or non-existing Illinois or national criminal history record | ||||||
6 | information as defined in subsection (d), may be disclosed to | ||||||
7 | each other upon request:
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8 | (1) Applications and renewals, their contents, and | ||||||
9 | supporting information submitted by qualifying patients | ||||||
10 | and designated caregivers, including information regarding | ||||||
11 | their designated caregivers and certifying health care | ||||||
12 | professionals.
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13 | (2) Applications and renewals, their contents, and | ||||||
14 | supporting information submitted by or on behalf of | ||||||
15 | cultivation centers and dispensing organizations in | ||||||
16 | compliance with this Act, including their physical | ||||||
17 | addresses , including copies of licenses and other | ||||||
18 | communications and documents issued to cannabis business | ||||||
19 | establishments by regulating agencies under this Act . This | ||||||
20 | does not preclude the release of ownership information of | ||||||
21 | cannabis business establishment licenses.
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22 | (3) The individual names and other information | ||||||
23 | identifying persons to whom the Department of Public | ||||||
24 | Health has issued registry identification cards.
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25 | (4) Any dispensing information required to be kept | ||||||
26 | under Section 135, Section 150, or Department of Public |
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1 | Health, Department of Agriculture, or Department of | ||||||
2 | Financial and Professional Regulation rules shall identify | ||||||
3 | cardholders and registered cultivation centers by their | ||||||
4 | registry identification numbers and medical cannabis | ||||||
5 | dispensing organizations by their registration number and | ||||||
6 | not contain names or other personally identifying | ||||||
7 | information.
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8 | (5) All medical records provided to the Department of | ||||||
9 | Public Health in connection with an application for a | ||||||
10 | registry card.
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11 | (b) Nothing in this Section precludes the following:
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12 | (1) Department of Agriculture, Department of Financial | ||||||
13 | and Professional Regulation, or Public Health employees | ||||||
14 | may notify law enforcement about falsified or fraudulent | ||||||
15 | information submitted to the Departments if the employee | ||||||
16 | who suspects that falsified or fraudulent information has | ||||||
17 | been submitted conferred with his or her supervisor and | ||||||
18 | both agree that circumstances exist that warrant | ||||||
19 | reporting.
| ||||||
20 | (2) If the employee conferred with his or her | ||||||
21 | supervisor and both agree that circumstances exist that | ||||||
22 | warrant reporting, Department of Public Health employees | ||||||
23 | may notify the Department of Financial and Professional | ||||||
24 | Regulation if there is reasonable cause to believe a | ||||||
25 | certifying health care professional:
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26 | (A) issued a written certification without a bona |
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1 | fide health care professional-patient relationship | ||||||
2 | under this Act;
| ||||||
3 | (B) issued a written certification to a person who | ||||||
4 | was not under the certifying health care | ||||||
5 | professional's care for the debilitating medical | ||||||
6 | condition; or
| ||||||
7 | (C) failed to abide by the acceptable and | ||||||
8 | prevailing standard of care when evaluating a | ||||||
9 | patient's medical condition.
| ||||||
10 | (3) The Department of Public Health, Department of | ||||||
11 | Agriculture, and Department of Financial and Professional | ||||||
12 | Regulation may notify State or local law enforcement about | ||||||
13 | apparent criminal violations of this Act if the employee | ||||||
14 | who suspects the offense has conferred with his or her | ||||||
15 | supervisor and both agree that circumstances exist that | ||||||
16 | warrant reporting.
| ||||||
17 | (4) Medical cannabis cultivation center agents and | ||||||
18 | medical cannabis dispensing organizations may notify the | ||||||
19 | Department of Public Health, Department of Financial and | ||||||
20 | Professional Regulation, or Department of Agriculture of a | ||||||
21 | suspected violation or attempted violation of this Act or | ||||||
22 | the rules issued under it.
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23 | (5) Each Department may verify registry identification | ||||||
24 | cards under Section 150.
| ||||||
25 | (6) The submission of the report to the General | ||||||
26 | Assembly under Section 160.
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1 | (b-5) Each Department responsible for licensure under this | ||||||
2 | Act shall publish on the Department's website a list of the | ||||||
3 | ownership information of cannabis business establishment | ||||||
4 | licensees under the Department's jurisdiction. The list shall | ||||||
5 | include, but shall not be 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. | ||||||
9 | (c) Except for any ownership information released pursuant | ||||||
10 | to subsection (b-5) or as otherwise authorized or required by | ||||||
11 | law, it is a Class B misdemeanor with a $1,000 fine for any | ||||||
12 | person, including an employee or official of the Department of | ||||||
13 | Public Health, Department of Financial and Professional | ||||||
14 | Regulation, or Department of Agriculture or another State | ||||||
15 | agency or local government, to breach the confidentiality of | ||||||
16 | information obtained under this Act.
| ||||||
17 | (d) The Department of Public Health, the Department of | ||||||
18 | Agriculture, the Illinois State Police, and the Department of | ||||||
19 | Financial and Professional Regulation shall not share or | ||||||
20 | disclose any existing or non-existing Illinois or national | ||||||
21 | criminal history record information. For the purposes of this | ||||||
22 | Section, "any existing or non-existing Illinois or national | ||||||
23 | criminal history record information" means any Illinois or | ||||||
24 | national criminal history record information, including but | ||||||
25 | not limited to the lack of or non-existence of these records. | ||||||
26 | (Source: P.A. 101-363, eff. 8-9-19; 102-98, eff. 7-15-21; |
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| |||||||
1 | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
| ||||||
2 | Section 10. The Cannabis Regulation and Tax Act is amended | ||||||
3 | by changing Sections 1-10, 15-25, 15-35, 15-35.10, 15-70, | ||||||
4 | 15-100, 15-135, 20-15, 20-30, 30-10, 30-30, 50-5, and 55-30 as | ||||||
5 | follows: | ||||||
6 | (410 ILCS 705/1-10)
| ||||||
7 | Sec. 1-10. Definitions. In this Act: | ||||||
8 | "Adult Use Cultivation Center License" means a license | ||||||
9 | issued by the Department of Agriculture that permits a person | ||||||
10 | to act as a cultivation center under this Act and any | ||||||
11 | administrative rule made in furtherance of this Act. | ||||||
12 | "Adult Use Dispensing Organization License" means a | ||||||
13 | license issued by the Department of Financial and Professional | ||||||
14 | Regulation that permits a person to act as a dispensing | ||||||
15 | organization under this Act and any administrative rule made | ||||||
16 | in furtherance of this Act. The Adult Use Cultivation Center | ||||||
17 | License is the property of the State and shall be surrendered | ||||||
18 | upon demand of the Department. | ||||||
19 | "Advertise" means to engage in promotional activities | ||||||
20 | including, but not limited to: newspaper, radio, Internet and | ||||||
21 | electronic media, and television advertising; the distribution | ||||||
22 | of fliers and circulars; billboard advertising; and the | ||||||
23 | display of window and interior signs. "Advertise" does not | ||||||
24 | mean exterior signage displaying only the name of the licensed |
| |||||||
| |||||||
1 | cannabis business establishment. | ||||||
2 | "Application points" means the number of points a | ||||||
3 | Dispensary Applicant receives on an application for a | ||||||
4 | Conditional Adult Use Dispensing Organization License. | ||||||
5 | "BLS Region" means a region in Illinois used by the United | ||||||
6 | States Bureau of Labor Statistics to gather and categorize | ||||||
7 | certain employment and wage data. The 17 such regions in | ||||||
8 | Illinois are: Bloomington, Cape Girardeau, Carbondale-Marion, | ||||||
9 | Champaign-Urbana, Chicago-Naperville-Elgin, Danville, | ||||||
10 | Davenport-Moline-Rock Island, Decatur, Kankakee, Peoria, | ||||||
11 | Rockford, St. Louis, Springfield, Northwest Illinois | ||||||
12 | nonmetropolitan area, West Central Illinois nonmetropolitan | ||||||
13 | area, East Central Illinois nonmetropolitan area, and South | ||||||
14 | Illinois nonmetropolitan area. | ||||||
15 | "By lot" means a randomized method of choosing between 2 | ||||||
16 | or more Eligible Tied Applicants or 2 or more Qualifying | ||||||
17 | Applicants. | ||||||
18 | "Cannabis" means marijuana, hashish, and other substances | ||||||
19 | that are identified as including any parts of the plant | ||||||
20 | Cannabis sativa and including derivatives or subspecies, such | ||||||
21 | as indica, of all strains of cannabis, whether growing or not; | ||||||
22 | the seeds thereof, the resin extracted from any part of the | ||||||
23 | plant; and any compound, manufacture, salt, derivative, | ||||||
24 | mixture, or preparation of the plant, its seeds, or resin, | ||||||
25 | including tetrahydrocannabinol (THC) and all other naturally | ||||||
26 | produced cannabinol derivatives, whether produced directly or |
| |||||||
| |||||||
1 | indirectly by extraction; however, "cannabis" does not include | ||||||
2 | the mature stalks of the plant, fiber produced from the | ||||||
3 | stalks, oil or cake made from the seeds of the plant, any other | ||||||
4 | compound, manufacture, salt, derivative, mixture, or | ||||||
5 | preparation of the mature stalks (except the resin extracted | ||||||
6 | from it), fiber, oil or cake, or the sterilized seed of the | ||||||
7 | plant that is incapable of germination. "Cannabis" does not | ||||||
8 | include industrial hemp as defined and authorized under the | ||||||
9 | Industrial Hemp Act. "Cannabis" also means cannabis flower, | ||||||
10 | concentrate, and cannabis-infused products. | ||||||
11 | "Cannabis business establishment" means a cultivation | ||||||
12 | center, craft grower, processing organization, infuser | ||||||
13 | organization, dispensing organization, or transporting | ||||||
14 | organization. | ||||||
15 | "Cannabis concentrate" means a product derived from | ||||||
16 | cannabis that is produced by extracting cannabinoids, | ||||||
17 | including tetrahydrocannabinol (THC), from the plant through | ||||||
18 | the use of propylene glycol, glycerin, butter, olive oil, or | ||||||
19 | other typical cooking fats; water, ice, or dry ice; or butane, | ||||||
20 | propane, CO 2 , ethanol, or isopropanol and with the intended | ||||||
21 | use of smoking or making a cannabis-infused product. The use | ||||||
22 | of any other solvent is expressly prohibited unless and until | ||||||
23 | it is approved by the Department of Agriculture. | ||||||
24 | "Cannabis container" means a sealed or resealable, | ||||||
25 | traceable, container, or package used for the purpose of | ||||||
26 | containment of cannabis or cannabis-infused product during |
| |||||||
| |||||||
1 | transportation. | ||||||
2 | "Cannabis flower" means marijuana, hashish, and other | ||||||
3 | substances that are identified as including any parts of the | ||||||
4 | plant Cannabis sativa and including derivatives or subspecies, | ||||||
5 | such as indica, of all strains of cannabis; including raw | ||||||
6 | kief, leaves, and buds, but not resin that has been extracted | ||||||
7 | from any part of such plant; nor any compound, manufacture, | ||||||
8 | salt, derivative, mixture, or preparation of such plant, its | ||||||
9 | seeds, or resin. | ||||||
10 | "Cannabis-infused product" means a beverage, food, oil, | ||||||
11 | ointment, tincture, topical formulation, or another product | ||||||
12 | containing cannabis or cannabis concentrate that is not | ||||||
13 | intended to be smoked. | ||||||
14 | "Cannabis paraphernalia" means equipment, products, or | ||||||
15 | materials intended to be used for planting, propagating, | ||||||
16 | cultivating, growing, harvesting, manufacturing, producing, | ||||||
17 | processing, preparing, testing, analyzing, packaging, | ||||||
18 | repackaging, storing, containing, concealing, ingesting, or | ||||||
19 | otherwise introducing cannabis into the human body. | ||||||
20 | "Cannabis plant monitoring system" or "plant monitoring | ||||||
21 | system" means a system that includes, but is not limited to, | ||||||
22 | testing and data collection established and maintained by the | ||||||
23 | cultivation center, craft grower, or processing organization | ||||||
24 | and that is available to the Department of Revenue, the | ||||||
25 | Department of Agriculture, the Department of Financial and | ||||||
26 | Professional Regulation, and the Illinois State Police for the |
| |||||||
| |||||||
1 | purposes of documenting each cannabis plant and monitoring | ||||||
2 | plant development throughout the life cycle of a cannabis | ||||||
3 | plant cultivated for the intended use by a customer from seed | ||||||
4 | planting to final packaging. Cannabis business entities shall | ||||||
5 | adhere to the traceability and consumer protection guidelines | ||||||
6 | established by the Department when utilizing the cannabis | ||||||
7 | plant monitoring system. | ||||||
8 | "Cannabis testing facility" means an entity licensed | ||||||
9 | registered by the Department of Agriculture to test cannabis | ||||||
10 | for potency and contaminants. Licensed cannabis testing | ||||||
11 | facilities authorized under this Act to transport cannabis | ||||||
12 | from licensed cannabis business entities to the licensed | ||||||
13 | cannabis testing facility are exempt from the transporting | ||||||
14 | organization license requirements. | ||||||
15 | "Clone" means a plant section from a female cannabis plant | ||||||
16 | not yet rootbound, growing in a water solution or other | ||||||
17 | propagation matrix, that is capable of developing into a new | ||||||
18 | plant. | ||||||
19 | "Community College Cannabis Vocational Training Pilot | ||||||
20 | Program faculty participant" means a person who is 21 years of | ||||||
21 | age or older, licensed by the Department of Agriculture, and | ||||||
22 | is employed or contracted by an Illinois community college to | ||||||
23 | provide student instruction using cannabis plants at an | ||||||
24 | Illinois Community College. The Community College Cannabis | ||||||
25 | Vocational Training Pilot Program License is the property of | ||||||
26 | the State and shall be surrendered upon demand of the |
| |||||||
| |||||||
1 | Department. | ||||||
2 | "Community College Cannabis Vocational Training Pilot | ||||||
3 | Program faculty participant Agent Identification Card" means a | ||||||
4 | document issued by the Department of Agriculture that | ||||||
5 | identifies a person as a Community College Cannabis Vocational | ||||||
6 | Training Pilot Program faculty participant. | ||||||
7 | "Conditional Adult Use Dispensing Organization License" | ||||||
8 | means a contingent license awarded to applicants for an Adult | ||||||
9 | Use Dispensing Organization License that reserves the right to | ||||||
10 | an Adult Use Dispensing Organization License if the applicant | ||||||
11 | meets certain conditions described in this Act, but does not | ||||||
12 | entitle the recipient to begin purchasing or selling cannabis | ||||||
13 | or cannabis-infused products. | ||||||
14 | "Conditional Adult Use Cultivation Center License" means a | ||||||
15 | license awarded to top-scoring applicants for an Adult Use | ||||||
16 | Cultivation Center License that reserves the right to an Adult | ||||||
17 | Use Cultivation Center License if the applicant meets certain | ||||||
18 | conditions as determined by the Department of Agriculture by | ||||||
19 | rule, but does not entitle the recipient to begin growing, | ||||||
20 | processing, or selling cannabis or cannabis-infused products. | ||||||
21 | The Conditional Adult Use Cultivation Center License is the | ||||||
22 | property of the State and shall be surrendered upon demand of | ||||||
23 | the Department. | ||||||
24 | "Craft grower" means a facility operated by an | ||||||
25 | organization or business that is licensed by the Department of | ||||||
26 | Agriculture to cultivate, dry, cure, and package cannabis and |
| |||||||
| |||||||
1 | perform other necessary activities to make cannabis available | ||||||
2 | for sale at a dispensing organization or use at a processing | ||||||
3 | organization. A craft grower may contain up to 5,000 square | ||||||
4 | feet of canopy space on its premises for plants in the | ||||||
5 | flowering state. The Department of Agriculture may authorize | ||||||
6 | an increase or decrease of flowering stage cultivation space | ||||||
7 | in increments of 3,000 square feet by rule based on market | ||||||
8 | need, craft grower capacity, and the licensee's history of | ||||||
9 | compliance or noncompliance, with a maximum space of 14,000 | ||||||
10 | square feet for cultivating plants in the flowering stage, | ||||||
11 | which must be cultivated in all stages of growth in an enclosed | ||||||
12 | and secure area. A craft grower may share premises with an | ||||||
13 | infuser a processing organization or a dispensing | ||||||
14 | organization, or both, provided each licensee stores currency | ||||||
15 | and cannabis or cannabis-infused products in a separate | ||||||
16 | secured vault to which the other licensee does not have access | ||||||
17 | or all licensees sharing a vault share more than 50% of the | ||||||
18 | same ownership. The Craft Grower License is the property of | ||||||
19 | the State and shall be surrendered upon demand of the | ||||||
20 | Department. | ||||||
21 | "Craft grower agent" means a principal officer, board | ||||||
22 | member, employee, or other agent of a craft grower who is 21 | ||||||
23 | years of age or older. | ||||||
24 | "Craft Grower Agent Identification Card" means a document | ||||||
25 | issued by the Department of Agriculture that identifies a | ||||||
26 | person as a craft grower agent. |
| |||||||
| |||||||
1 | "Cultivation center" means a facility operated by an | ||||||
2 | organization or business that is licensed by the Department of | ||||||
3 | Agriculture to cultivate, process, transport (unless otherwise | ||||||
4 | limited by this Act), and perform other necessary activities | ||||||
5 | to provide cannabis and cannabis-infused products to cannabis | ||||||
6 | business establishments. | ||||||
7 | "Cultivation center agent" means a principal officer, | ||||||
8 | board member, employee, or other agent of a cultivation center | ||||||
9 | who is 21 years of age or older. | ||||||
10 | "Cultivation Center Agent Identification Card" means a | ||||||
11 | document issued by the Department of Agriculture that | ||||||
12 | identifies a person as a cultivation center agent. | ||||||
13 | "Currency" means currency and coin of the United States. | ||||||
14 | "Dispensary" means a facility operated by a dispensing | ||||||
15 | organization at which activities licensed by this Act may | ||||||
16 | occur. | ||||||
17 | "Dispensary Applicant" means the Proposed Dispensing | ||||||
18 | Organization Name as stated on an application for a | ||||||
19 | Conditional Adult Use Dispensing Organization License. | ||||||
20 | "Dispensing organization" means a facility operated by an | ||||||
21 | organization or business that is licensed by the Department of | ||||||
22 | Financial and Professional Regulation to acquire cannabis from | ||||||
23 | a cultivation center, craft grower, processing organization, | ||||||
24 | or another dispensary for the purpose of selling or dispensing | ||||||
25 | cannabis, cannabis-infused products, cannabis seeds, | ||||||
26 | paraphernalia, or related supplies under this Act to |
| |||||||
| |||||||
1 | purchasers or to qualified registered medical cannabis | ||||||
2 | patients and caregivers. As used in this Act, "dispensing | ||||||
3 | organization" includes a registered medical cannabis | ||||||
4 | organization as defined in the Compassionate Use of Medical | ||||||
5 | Cannabis Program Act or its successor Act that has obtained an | ||||||
6 | Early Approval Adult Use Dispensing Organization License. | ||||||
7 | "Dispensing organization agent" means a principal officer, | ||||||
8 | employee, or agent of a dispensing organization who is 21 | ||||||
9 | years of age or older. | ||||||
10 | "Dispensing organization agent identification card" means | ||||||
11 | a document issued by the Department of Financial and | ||||||
12 | Professional Regulation that identifies a person as a | ||||||
13 | dispensing organization agent. | ||||||
14 | "Disproportionately Impacted Area" means a census tract or | ||||||
15 | comparable geographic area that satisfies the following | ||||||
16 | criteria as determined by the Department of Commerce and | ||||||
17 | Economic Opportunity, that: | ||||||
18 | (1) meets at least one of the following criteria: | ||||||
19 | (A) the area has a poverty rate of at least 20% | ||||||
20 | according to the latest federal decennial census; or | ||||||
21 | (B) 75% or more of the children in the area | ||||||
22 | participate in the federal free lunch program | ||||||
23 | according to reported statistics from the State Board | ||||||
24 | of Education; or | ||||||
25 | (C) at least 20% of the households in the area | ||||||
26 | receive assistance under the Supplemental Nutrition |
| |||||||
| |||||||
1 | Assistance Program; or | ||||||
2 | (D) the area has an average unemployment rate, as | ||||||
3 | determined by the Illinois Department of Employment | ||||||
4 | Security, that is more than 120% of the national | ||||||
5 | unemployment average, as determined by the United | ||||||
6 | States Department of Labor, for a period of at least 2 | ||||||
7 | consecutive calendar years preceding the date of the | ||||||
8 | application; and | ||||||
9 | (2) has high rates of arrest, conviction, and | ||||||
10 | incarceration related to the sale, possession, use, | ||||||
11 | cultivation, manufacture, or transport of cannabis. | ||||||
12 | "Early Approval Adult Use Cultivation Center License" | ||||||
13 | means a license that permits a medical cannabis cultivation | ||||||
14 | center licensed under the Compassionate Use of Medical | ||||||
15 | Cannabis Program Act as of the effective date of this Act to | ||||||
16 | begin cultivating, infusing, packaging, transporting (unless | ||||||
17 | otherwise provided in this Act), processing, and selling | ||||||
18 | cannabis or cannabis-infused product to cannabis business | ||||||
19 | establishments for resale to purchasers as permitted by this | ||||||
20 | Act as of January 1, 2020. | ||||||
21 | "Early Approval Adult Use Dispensing Organization License" | ||||||
22 | means a license that permits a medical cannabis dispensing | ||||||
23 | organization licensed under the Compassionate Use of Medical | ||||||
24 | Cannabis Program Act as of the effective date of this Act to | ||||||
25 | begin selling cannabis or cannabis-infused product to | ||||||
26 | purchasers as permitted by this Act as of January 1, 2020. |
| |||||||
| |||||||
1 | "Early Approval Adult Use Dispensing Organization at a | ||||||
2 | secondary site" means a license that permits a medical | ||||||
3 | cannabis dispensing organization licensed under the | ||||||
4 | Compassionate Use of Medical Cannabis Program Act as of the | ||||||
5 | effective date of this Act to begin selling cannabis or | ||||||
6 | cannabis-infused product to purchasers as permitted by this | ||||||
7 | Act on January 1, 2020 at a different dispensary location from | ||||||
8 | its existing registered medical dispensary location. | ||||||
9 | "Eligible Tied Applicant" means a Tied Applicant that is | ||||||
10 | eligible to participate in the process by which a remaining | ||||||
11 | available license is distributed by lot pursuant to a Tied | ||||||
12 | Applicant Lottery. | ||||||
13 | "Enclosed, locked facility" means a room, greenhouse, | ||||||
14 | building, or other enclosed area equipped with locks or other | ||||||
15 | security devices that permit access only by cannabis business | ||||||
16 | establishment agents working for the licensed cannabis | ||||||
17 | business establishment or acting pursuant to this Act to | ||||||
18 | cultivate, process, store, or distribute cannabis. | ||||||
19 | "Enclosed, locked space" means a closet, room, greenhouse, | ||||||
20 | building, or other enclosed area equipped with locks or other | ||||||
21 | security devices that permit access only by authorized | ||||||
22 | individuals under this Act. "Enclosed, locked space" may | ||||||
23 | include: | ||||||
24 | (1) a space within a residential building that (i) is | ||||||
25 | the primary residence of the individual cultivating 5 or | ||||||
26 | fewer cannabis plants that are more than 5 inches tall and |
| |||||||
| |||||||
1 | (ii) includes sleeping quarters and indoor plumbing. The | ||||||
2 | space must only be accessible by a key or code that is | ||||||
3 | different from any key or code that can be used to access | ||||||
4 | the residential building from the exterior; or | ||||||
5 | (2) a structure, such as a shed or greenhouse, that | ||||||
6 | lies on the same plot of land as a residential building | ||||||
7 | that (i) includes sleeping quarters and indoor plumbing | ||||||
8 | and (ii) is used as a primary residence by the person | ||||||
9 | cultivating 5 or fewer cannabis plants that are more than | ||||||
10 | 5 inches tall, such as a shed or greenhouse. The structure | ||||||
11 | must remain locked when it is unoccupied by people. | ||||||
12 | "Financial institution" has the same meaning as "financial | ||||||
13 | organization" as defined in Section 1501 of the Illinois | ||||||
14 | Income Tax Act, and also includes the holding companies, | ||||||
15 | subsidiaries, and affiliates of such financial organizations. | ||||||
16 | "Flowering stage" means the stage of cultivation where and | ||||||
17 | when a cannabis plant is cultivated to produce plant material | ||||||
18 | for cannabis products. This includes mature plants as follows: | ||||||
19 | (1) if greater than 2 stigmas are visible at each | ||||||
20 | internode of the plant; or | ||||||
21 | (2) if the cannabis plant is in an area that has been | ||||||
22 | intentionally deprived of light for a period of time | ||||||
23 | intended to produce flower buds and induce maturation, | ||||||
24 | from the moment the light deprivation began through the | ||||||
25 | remainder of the marijuana plant growth cycle. | ||||||
26 | "Individual" means a natural person. |
| |||||||
| |||||||
1 | "Infuser organization" or "infuser" means a facility | ||||||
2 | operated by an organization or business that is licensed by | ||||||
3 | the Department of Agriculture to directly incorporate cannabis | ||||||
4 | or cannabis concentrate into a product formulation to produce | ||||||
5 | a cannabis-infused product. The infuser license is the | ||||||
6 | property of the State and shall be surrendered upon demand of | ||||||
7 | the Department. | ||||||
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, |
| |||||||
| |||||||
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 | the Compassionate Use of Medical Cannabis Program Act are also | ||||||
15 | permitted at the dispensary, registered qualifying patients, | ||||||
16 | caregivers, provisional patients, and Opioid Alternative Pilot | ||||||
17 | Program participants. | ||||||
18 | "Member of an impacted family" means an individual who has | ||||||
19 | a parent, legal guardian, child, spouse, or dependent, or was | ||||||
20 | a dependent of an individual who, prior to the effective date | ||||||
21 | of this Act, was arrested for, convicted of, or adjudicated | ||||||
22 | delinquent for any offense that is eligible for expungement | ||||||
23 | under this Act. | ||||||
24 | "Mother plant" means a cannabis plant that is cultivated | ||||||
25 | or maintained for the purpose of generating clones, and that | ||||||
26 | will not be used to produce plant material for sale to an |
| |||||||
| |||||||
1 | infuser or dispensing organization. | ||||||
2 | "Ordinary public view" means within the sight line with | ||||||
3 | normal visual range of a person, unassisted by visual aids, | ||||||
4 | from a public street or sidewalk adjacent to real property, or | ||||||
5 | from within an adjacent property. | ||||||
6 | "Ownership and control" means ownership of at least 51% of | ||||||
7 | the business, including corporate stock if a corporation, and | ||||||
8 | control over the management and day-to-day operations of the | ||||||
9 | business and an interest in the capital, assets, and profits | ||||||
10 | and losses of the business proportionate to percentage of | ||||||
11 | ownership. | ||||||
12 | "Person" means a natural individual, firm, partnership, | ||||||
13 | association, joint stock company, joint venture, 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 | "Possession limit" means the amount of cannabis under | ||||||
18 | Section 10-10 that may be possessed at any one time by a person | ||||||
19 | 21 years of age or older or who is a registered qualifying | ||||||
20 | medical cannabis patient or caregiver under the Compassionate | ||||||
21 | Use of Medical Cannabis Program Act. | ||||||
22 | "Principal officer" includes a cannabis business | ||||||
23 | establishment applicant or licensed cannabis business | ||||||
24 | establishment's board member, owner with more than 1% interest | ||||||
25 | of the total cannabis business establishment or more than 5% | ||||||
26 | interest of the total cannabis business establishment of a |
| |||||||
| |||||||
1 | publicly traded company, president, vice president, secretary, | ||||||
2 | treasurer, partner, officer, member, manager member, or person | ||||||
3 | with a profit sharing, financial interest, or revenue sharing | ||||||
4 | arrangement. The definition includes a person with authority | ||||||
5 | to control the cannabis business establishment, a person who | ||||||
6 | assumes responsibility for the debts of the cannabis business | ||||||
7 | establishment and who is further defined in this Act. | ||||||
8 | "Primary residence" means a dwelling where a person | ||||||
9 | usually stays or stays more often than other locations. It may | ||||||
10 | be determined by, without limitation, presence, tax filings; | ||||||
11 | address on an Illinois driver's license, an Illinois | ||||||
12 | Identification Card, or an Illinois Person with a Disability | ||||||
13 | Identification Card; or voter registration. No person may have | ||||||
14 | more than one primary residence. | ||||||
15 | "Processing organization" or "processor" means a facility | ||||||
16 | operated by an organization or business that is licensed by | ||||||
17 | the Department of Agriculture to either extract constituent | ||||||
18 | chemicals or compounds to produce cannabis concentrate or | ||||||
19 | incorporate cannabis or cannabis concentrate into a product | ||||||
20 | formulation to produce a cannabis product. The processing | ||||||
21 | organization license is the property of the State and shall be | ||||||
22 | surrendered upon demand of the Department. | ||||||
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 Department of Agriculture that |
| |||||||
| |||||||
1 | 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 the Compassionate Use of | ||||||
5 | 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 |
| |||||||
| |||||||
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
| ||||||
25 | (ii) is a member of an impacted family; | ||||||
26 | (3) for applicants with a minimum of 10 full-time |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 Department of | ||||||
12 | Agriculture to transport cannabis or cannabis-infused product | ||||||
13 | on behalf of a cannabis business establishment or a community | ||||||
14 | college licensed under the Community
College Cannabis | ||||||
15 | Vocational Training Pilot Program. The transporting | ||||||
16 | organization license is the property of the State and shall be | ||||||
17 | surrendered upon demand of the Department.
| ||||||
18 | "Transporting organization agent" means a principal | ||||||
19 | officer, board member, employee, or agent of a transporting | ||||||
20 | organization. | ||||||
21 | "Transporting organization agent identification card" | ||||||
22 | means a document issued by the Department of Agriculture that | ||||||
23 | identifies a person as a transporting organization agent. | ||||||
24 | "Unit of local government" means any county, city, | ||||||
25 | village, or incorporated town. | ||||||
26 | "Vault" means a secure storage area used to store |
| |||||||
| |||||||
1 | cannabis, cannabis flower, and cannabis infused products. The | ||||||
2 | Department has the authority to issue vault standards directly | ||||||
3 | to cannabis business entities. Due to security and | ||||||
4 | confidentiality concerns, these standards shall be exempt from | ||||||
5 | the Freedom of Information Act, publication, and the | ||||||
6 | rulemaking process. | ||||||
7 | "Vegetative stage" means the stage of cultivation in which | ||||||
8 | a cannabis plant is propagated to produce additional cannabis | ||||||
9 | plants or reach a sufficient size for production. This | ||||||
10 | includes seedlings, clones, mothers, and other immature | ||||||
11 | cannabis plants as follows: | ||||||
12 | (1) if the cannabis plant is in an area that has not | ||||||
13 | been intentionally deprived of light for a period of time | ||||||
14 | intended to produce flower buds and induce maturation, it | ||||||
15 | has no more than 2 stigmas visible at each internode of the | ||||||
16 | cannabis plant; or | ||||||
17 | (2) any cannabis plant that is cultivated solely for | ||||||
18 | the purpose of propagating clones and is never used to | ||||||
19 | produce cannabis.
| ||||||
20 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; | ||||||
21 | 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff. | ||||||
22 | 5-13-22.) | ||||||
23 | (410 ILCS 705/15-25)
| ||||||
24 | Sec. 15-25. Awarding of Conditional Adult Use Dispensing | ||||||
25 | Organization Licenses prior to January 1, 2021. |
| |||||||
| |||||||
1 | (a) The Department shall issue up to 75 Conditional Adult | ||||||
2 | Use Dispensing Organization Licenses before May 1, 2020. | ||||||
3 | (b) The Department shall make the application for a | ||||||
4 | Conditional Adult Use Dispensing Organization License | ||||||
5 | available no later than October 1, 2019 and shall accept | ||||||
6 | applications no later than January 1, 2020. | ||||||
7 | (c) To ensure the geographic dispersion of Conditional | ||||||
8 | Adult Use Dispensing Organization License holders, the | ||||||
9 | following number of licenses shall be awarded in each BLS | ||||||
10 | Region as determined by each region's percentage of the | ||||||
11 | State's population: | ||||||
12 | (1) Bloomington: 1 | ||||||
13 | (2) Cape Girardeau: 1 | ||||||
14 | (3) Carbondale-Marion: 1 | ||||||
15 | (4) Champaign-Urbana: 1 | ||||||
16 | (5) Chicago-Naperville-Elgin: 47 | ||||||
17 | (6) Danville: 1 | ||||||
18 | (7) Davenport-Moline-Rock Island: 1 | ||||||
19 | (8) Decatur: 1 | ||||||
20 | (9) Kankakee: 1 | ||||||
21 | (10) Peoria: 3 | ||||||
22 | (11) Rockford: 2 | ||||||
23 | (12) St. Louis: 4 | ||||||
24 | (13) Springfield: 1 | ||||||
25 | (14) Northwest Illinois nonmetropolitan: 3 | ||||||
26 | (15) West Central Illinois nonmetropolitan: 3 |
| |||||||
| |||||||
1 | (16) East Central Illinois nonmetropolitan: 2 | ||||||
2 | (17) South Illinois nonmetropolitan: 2 | ||||||
3 | (d) An applicant seeking issuance of a Conditional Adult | ||||||
4 | Use Dispensing Organization License shall submit an | ||||||
5 | application on forms provided by the Department. An applicant | ||||||
6 | must meet the following requirements: | ||||||
7 | (1) Payment of a nonrefundable application fee of | ||||||
8 | $5,000 for each license for which the applicant is | ||||||
9 | applying, which shall be deposited into the Cannabis | ||||||
10 | Regulation Fund; | ||||||
11 | (2) Certification that the applicant will comply with | ||||||
12 | the requirements contained in this Act; | ||||||
13 | (3) The legal name of the proposed dispensing | ||||||
14 | organization; | ||||||
15 | (4) A statement that the dispensing organization | ||||||
16 | agrees to respond to the Department's supplemental | ||||||
17 | requests for information; | ||||||
18 | (5) From each principal officer, a statement | ||||||
19 | indicating whether that person: | ||||||
20 | (A) has previously held or currently holds an | ||||||
21 | ownership interest in a cannabis business | ||||||
22 | establishment in Illinois; or | ||||||
23 | (B) has held an ownership interest in a dispensing | ||||||
24 | organization or its equivalent in another state or | ||||||
25 | territory of the United States that had the dispensing | ||||||
26 | organization registration or license suspended, |
| |||||||
| |||||||
1 | revoked, placed on probationary status, or subjected | ||||||
2 | to other disciplinary action; | ||||||
3 | (6) Disclosure of whether any principal officer has | ||||||
4 | ever filed for bankruptcy or defaulted on spousal support | ||||||
5 | or child support obligation; | ||||||
6 | (7) A resume for each principal officer, including | ||||||
7 | whether that person has an academic degree, certification, | ||||||
8 | or relevant experience with a cannabis business | ||||||
9 | establishment or in a related industry; | ||||||
10 | (8) A description of the training and education that | ||||||
11 | will be provided to dispensing organization agents; | ||||||
12 | (9) A copy of the proposed operating bylaws; | ||||||
13 | (10) A copy of the proposed business plan that | ||||||
14 | complies with the requirements in this Act, including, at | ||||||
15 | a minimum, the following: | ||||||
16 | (A) A description of services to be offered; and | ||||||
17 | (B) A description of the process of dispensing | ||||||
18 | cannabis; | ||||||
19 | (11) A copy of the proposed security plan that | ||||||
20 | complies with the requirements in this Article, including: | ||||||
21 | (A) The process or controls that will be | ||||||
22 | implemented to monitor the dispensary, secure the | ||||||
23 | premises, agents, and currency, and prevent the | ||||||
24 | diversion, theft, or loss of cannabis; and | ||||||
25 | (B) The process to ensure that access to the | ||||||
26 | restricted access areas is restricted to, registered |
| |||||||
| |||||||
1 | agents, service professionals, transporting | ||||||
2 | organization agents, Department inspectors, and | ||||||
3 | security personnel; | ||||||
4 | (12) A proposed inventory control plan that complies | ||||||
5 | with this Section; | ||||||
6 | (13) A proposed floor plan, a square footage estimate, | ||||||
7 | and a description of proposed security devices, including, | ||||||
8 | without limitation, cameras, motion detectors, servers, | ||||||
9 | video storage capabilities, and alarm service providers; | ||||||
10 | (14) The name, address, social security number, and | ||||||
11 | date of birth of each principal officer and board member | ||||||
12 | of the dispensing organization; each of those individuals | ||||||
13 | shall be at least 21 years of age; | ||||||
14 | (15) Evidence of the applicant's status as a Social | ||||||
15 | Equity Applicant, if applicable, and whether a Social | ||||||
16 | Equity Applicant plans to apply for a loan or grant issued | ||||||
17 | by the Department of Commerce and Economic Opportunity; | ||||||
18 | (16) The address, telephone number, and email address | ||||||
19 | of the applicant's principal place of business, if | ||||||
20 | applicable. A post office box is not permitted; | ||||||
21 | (17) Written summaries of any information regarding | ||||||
22 | instances in which a business or not-for-profit that a | ||||||
23 | prospective board member previously managed or served on | ||||||
24 | were fined or censured, or any instances in which a | ||||||
25 | business or not-for-profit that a prospective board member | ||||||
26 | previously managed or served on had its registration |
| |||||||
| |||||||
1 | suspended or revoked in any administrative or judicial | ||||||
2 | proceeding; | ||||||
3 | (18) A plan for community engagement; | ||||||
4 | (19) Procedures to ensure accurate recordkeeping and | ||||||
5 | security measures that are in accordance with this Article | ||||||
6 | and Department rules; | ||||||
7 | (20) The estimated volume of cannabis it plans to | ||||||
8 | store at the dispensary; | ||||||
9 | (21) A description of the features that will provide | ||||||
10 | accessibility to purchasers as required by the Americans | ||||||
11 | with Disabilities Act; | ||||||
12 | (22) A detailed description of air treatment systems | ||||||
13 | that will be installed to reduce odors; | ||||||
14 | (23) A reasonable assurance that the issuance of a | ||||||
15 | license will not have a detrimental impact on the | ||||||
16 | community in which the applicant wishes to locate; | ||||||
17 | (24) The dated signature of each principal officer; | ||||||
18 | (25) A description of the enclosed, locked facility | ||||||
19 | where cannabis will be stored by the dispensing | ||||||
20 | organization; | ||||||
21 | (26) Signed statements from each dispensing | ||||||
22 | organization agent stating that he or she will not divert | ||||||
23 | cannabis; | ||||||
24 | (27) The number of licenses it is applying for in each | ||||||
25 | BLS Region; | ||||||
26 | (28) A diversity plan that includes a narrative of at |
| |||||||
| |||||||
1 | least 2,500 words that establishes a goal of diversity in | ||||||
2 | ownership, management, employment, and contracting to | ||||||
3 | ensure that diverse participants and groups are afforded | ||||||
4 | equality of opportunity; | ||||||
5 | (29) A contract with a private security contractor | ||||||
6 | agency that is licensed under Section 10-5 of the Private | ||||||
7 | Detective, Private Alarm, Private Security, Fingerprint | ||||||
8 | Vendor, and Locksmith Act of 2004 in order for the | ||||||
9 | dispensary to have adequate security at its facility; and | ||||||
10 | (30) Other information deemed necessary by the | ||||||
11 | Illinois Cannabis Regulation Oversight Officer to conduct | ||||||
12 | the disparity and availability study referenced in | ||||||
13 | subsection (e) of Section 5-45. | ||||||
14 | (e) An applicant who receives a Conditional Adult Use | ||||||
15 | Dispensing Organization License under this Section has 180 | ||||||
16 | days from the date of award to identify a physical location for | ||||||
17 | the dispensing organization retail storefront. The applicant | ||||||
18 | shall provide evidence that the location is not within 1,500 | ||||||
19 | feet of an existing dispensing organization, unless the | ||||||
20 | applicant is a Social Equity Applicant or Social Equity | ||||||
21 | Justice Involved Applicant located or seeking to locate within | ||||||
22 | 1,500 feet of a dispensing organization licensed under Section | ||||||
23 | 15-15 or Section 15-20. If an applicant is unable to find a | ||||||
24 | suitable physical address in the opinion of the Department | ||||||
25 | within 180 days of the issuance of the Conditional Adult Use | ||||||
26 | Dispensing Organization License, the Department may extend the |
| |||||||
| |||||||
1 | period for finding a physical address a total of 540 another | ||||||
2 | 180 days if the Conditional Adult Use Dispensing Organization | ||||||
3 | License holder demonstrates concrete attempts to secure a | ||||||
4 | location and a hardship. If the Department denies the | ||||||
5 | extension or the Conditional Adult Use Dispensing Organization | ||||||
6 | License holder is unable to find a location or become | ||||||
7 | operational within 540 360 days of being awarded a conditional | ||||||
8 | license, the Department shall rescind the conditional license | ||||||
9 | and award it to the next highest scoring applicant in the BLS | ||||||
10 | Region for which the license was assigned, provided the | ||||||
11 | applicant receiving the license: (i) confirms a continued | ||||||
12 | interest in operating a dispensing organization; (ii) can | ||||||
13 | provide evidence that the applicant continues to meet all | ||||||
14 | requirements for holding a Conditional Adult Use Dispensing | ||||||
15 | Organization License set forth in this Act; and (iii) has not | ||||||
16 | otherwise become ineligible to be awarded a dispensing | ||||||
17 | organization license. If the new awardee is unable to accept | ||||||
18 | the Conditional Adult Use Dispensing Organization License, the | ||||||
19 | Department shall award the Conditional Adult Use Dispensing | ||||||
20 | Organization License to the next highest scoring applicant in | ||||||
21 | the same manner. The new awardee shall be subject to the same | ||||||
22 | required deadlines as provided in this subsection. | ||||||
23 | (e-5) If, within 180 days of being awarded a Conditional | ||||||
24 | Adult Use Dispensing Organization License, a dispensing | ||||||
25 | organization is unable to find a location within the BLS | ||||||
26 | Region in which it was awarded a Conditional Adult Use |
| |||||||
| |||||||
1 | Dispensing Organization License because no jurisdiction within | ||||||
2 | the BLS Region allows for the operation of an Adult Use | ||||||
3 | Dispensing Organization, the Department of Financial and | ||||||
4 | Professional Regulation may authorize the Conditional Adult | ||||||
5 | Use Dispensing Organization License holder to transfer its | ||||||
6 | license to a BLS Region specified by the Department. | ||||||
7 | (f) A dispensing organization that is awarded a | ||||||
8 | Conditional Adult Use Dispensing Organization License pursuant | ||||||
9 | to the criteria in Section 15-30 shall not purchase, possess, | ||||||
10 | sell, or dispense cannabis or cannabis-infused products until | ||||||
11 | the person has received an Adult Use Dispensing Organization | ||||||
12 | License issued by the Department pursuant to Section 15-36 of | ||||||
13 | this Act. | ||||||
14 | (g) The Department shall conduct a background check of the | ||||||
15 | prospective organization agents in order to carry out this | ||||||
16 | Article. The Illinois State Police shall charge the applicant | ||||||
17 | a fee for conducting the criminal history record check, which | ||||||
18 | shall be deposited into the State Police Services Fund and | ||||||
19 | shall not exceed the actual cost of the record check. Each | ||||||
20 | person applying as a dispensing organization agent shall | ||||||
21 | submit a full set of fingerprints to the Illinois State Police | ||||||
22 | for the purpose of obtaining a State and federal criminal | ||||||
23 | records check. These fingerprints shall be checked against the | ||||||
24 | fingerprint records now and hereafter, to the extent allowed | ||||||
25 | by law, filed in the Illinois State Police and Federal Bureau | ||||||
26 | of Identification criminal history records databases. The |
| |||||||
| |||||||
1 | Illinois State Police shall furnish, following positive | ||||||
2 | identification, all Illinois conviction information to the | ||||||
3 | Department.
| ||||||
4 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; | ||||||
5 | 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff. | ||||||
6 | 5-13-22.) | ||||||
7 | (410 ILCS 705/15-35)
| ||||||
8 | Sec. 15-35. Qualifying Applicant Lottery for Conditional | ||||||
9 | Adult Use Dispensing Organization Licenses. | ||||||
10 | (a) In addition to any of the licenses issued under | ||||||
11 | Section 15-15, Section 15-20, Section 15-25, Section 15-30.20, | ||||||
12 | or Section 15-35.10 of this Act, within 10 business days after | ||||||
13 | the resulting final scores for all scored applications | ||||||
14 | pursuant to Sections 15-25 and 15-30 are released, the | ||||||
15 | Department shall issue up to 55 Conditional Adult Use | ||||||
16 | Dispensing Organization Licenses by lot, pursuant to the | ||||||
17 | application process adopted under this Section. In order to be | ||||||
18 | eligible to be awarded a Conditional Adult Use Dispensing | ||||||
19 | Organization License by lot under this Section, a Dispensary | ||||||
20 | Applicant must be a Qualifying Applicant. | ||||||
21 | The licenses issued under this Section shall be awarded in | ||||||
22 | each BLS Region in the following amounts: | ||||||
23 | (1) Bloomington: 1. | ||||||
24 | (2) Cape Girardeau: 1. | ||||||
25 | (3) Carbondale-Marion: 1. |
| |||||||
| |||||||
1 | (4) Champaign-Urbana: 1. | ||||||
2 | (5) Chicago-Naperville-Elgin: 36. | ||||||
3 | (6) Danville: 1. | ||||||
4 | (7) Davenport-Moline-Rock Island: 1. | ||||||
5 | (8) Decatur: 1. | ||||||
6 | (9) Kankakee: 1. | ||||||
7 | (10) Peoria: 2. | ||||||
8 | (11) Rockford: 1. | ||||||
9 | (12) St. Louis: 3. | ||||||
10 | (13) Springfield: 1. | ||||||
11 | (14) Northwest Illinois nonmetropolitan: 1. | ||||||
12 | (15) West Central Illinois nonmetropolitan: 1. | ||||||
13 | (16) East Central Illinois nonmetropolitan: 1. | ||||||
14 | (17) South Illinois nonmetropolitan: 1. | ||||||
15 | (a-5) Prior to issuing licenses under subsection (a), the | ||||||
16 | Department may adopt rules through emergency rulemaking in | ||||||
17 | accordance with subsection (kk) of Section 5-45 of the | ||||||
18 | Illinois Administrative Procedure Act. The General Assembly | ||||||
19 | finds that the adoption of rules to regulate cannabis use is | ||||||
20 | deemed an emergency and necessary for the public interest, | ||||||
21 | safety, and welfare. | ||||||
22 | (b) The Department shall distribute the available licenses | ||||||
23 | established under this Section subject to the following: | ||||||
24 | (1) The drawing by lot for all available licenses | ||||||
25 | issued under this Section shall occur on the same day when | ||||||
26 | practicable. |
| |||||||
| |||||||
1 | (2) Within each BLS Region, the first Qualifying | ||||||
2 | Applicant drawn will have the first right to an available | ||||||
3 | license. The second Qualifying Applicant drawn will have | ||||||
4 | the second right to an available license. The same pattern | ||||||
5 | will continue for each subsequent Qualifying Applicant | ||||||
6 | drawn. | ||||||
7 | (3) The process for distributing available licenses | ||||||
8 | under this Section shall be recorded by the Department in | ||||||
9 | a format selected by the Department. | ||||||
10 | (4) A Dispensary Applicant is prohibited from becoming | ||||||
11 | a Qualifying Applicant if a principal officer resigns | ||||||
12 | after the resulting final scores for all scored | ||||||
13 | applications pursuant to Sections 15-25 and 15-30 are | ||||||
14 | released. | ||||||
15 | (5) No Qualifying Applicant may be awarded more than 2 | ||||||
16 | Conditional Adult Use Dispensing Organization Licenses at | ||||||
17 | the conclusion of a lottery conducted under this Section. | ||||||
18 | (6) No individual may be listed as a principal officer | ||||||
19 | of more than 2 Conditional Adult Use Dispensing | ||||||
20 | Organization Licenses awarded under this Section. | ||||||
21 | (7) If, upon being selected for an available license | ||||||
22 | established under this Section, a Qualifying Applicant | ||||||
23 | exceeds the limits under paragraph (5) or (6), the | ||||||
24 | Qualifying Applicant must choose which license to abandon | ||||||
25 | and notify the Department in writing within 5 business | ||||||
26 | days. If the Qualifying Applicant does not notify the |
| |||||||
| |||||||
1 | Department as required, the Department shall refuse to | ||||||
2 | issue the Qualifying Applicant all available licenses | ||||||
3 | established under this Section obtained by lot in all BLS | ||||||
4 | Regions. | ||||||
5 | (8) If, upon being selected for an available license | ||||||
6 | established under this Section, a Qualifying Applicant has | ||||||
7 | a principal officer who is a principal officer in more | ||||||
8 | than 10 Early Approval Adult Use Dispensing Organization | ||||||
9 | Licenses, Conditional Adult Use Dispensing Organization | ||||||
10 | Licenses, Adult Use Dispensing Organization Licenses, or | ||||||
11 | any combination thereof, the licensees and the Qualifying | ||||||
12 | Applicant listing that principal officer must choose which | ||||||
13 | license to abandon pursuant to subsection (d) of Section | ||||||
14 | 15-36 and notify the Department in writing within 5 | ||||||
15 | business days. If the Qualifying Applicant or licensees do | ||||||
16 | not notify the Department as required, the Department | ||||||
17 | shall refuse to issue the Qualifying Applicant all | ||||||
18 | available licenses established under this Section obtained | ||||||
19 | by lot in all BLS Regions. | ||||||
20 | (9) All available licenses that have been abandoned | ||||||
21 | under paragraph (7) or (8) shall be distributed to the | ||||||
22 | next Qualifying Applicant drawn by lot. | ||||||
23 | Any and all rights conferred or obtained under this | ||||||
24 | Section shall be limited to the provisions of this Section. | ||||||
25 | (c) An applicant who receives a Conditional Adult Use | ||||||
26 | Dispensing Organization License under this Section has 180 |
| |||||||
| |||||||
1 | days from the date it is awarded to identify a physical | ||||||
2 | location for the dispensing organization's retail storefront. | ||||||
3 | The applicant shall provide evidence that the location is not | ||||||
4 | within 1,500 feet of an existing dispensing organization, | ||||||
5 | unless the applicant is a Social Equity Applicant or Social | ||||||
6 | Equity Justice Involved Applicant located or seeking to locate | ||||||
7 | within 1,500 feet of a dispensing organization licensed under | ||||||
8 | Section 15-15 or Section 15-20. If an applicant is unable to | ||||||
9 | find a suitable physical address in the opinion of the | ||||||
10 | Department within 180 days from the issuance of the | ||||||
11 | Conditional Adult Use Dispensing Organization License, the | ||||||
12 | Department may extend the period for finding a physical | ||||||
13 | address a total of 540 another 180 days if the Conditional | ||||||
14 | Adult Use Dispensing Organization License holder demonstrates | ||||||
15 | a concrete attempt to secure a location and a hardship. If the | ||||||
16 | Department denies the extension or the Conditional Adult Use | ||||||
17 | Dispensing Organization License holder is unable to find a | ||||||
18 | location or become operational within 540 360 days of being | ||||||
19 | awarded a Conditional Adult Use Dispensing Organization | ||||||
20 | License under this Section, the Department shall rescind the | ||||||
21 | Conditional Adult Use Dispensing Organization License and | ||||||
22 | award it pursuant to subsection (b), provided the applicant | ||||||
23 | receiving the Conditional Adult Use Dispensing Organization | ||||||
24 | License: (i) confirms a continued interest in operating a | ||||||
25 | dispensing organization; (ii) can provide evidence that the | ||||||
26 | applicant continues to meet all requirements for holding a |
| |||||||
| |||||||
1 | Conditional Adult Use Dispensing Organization License set | ||||||
2 | forth in this Act; and (iii) has not otherwise become | ||||||
3 | ineligible to be awarded a Conditional Adult Use Dispensing | ||||||
4 | Organization License. If the new awardee is unable to accept | ||||||
5 | the Conditional Adult Use Dispensing Organization License, the | ||||||
6 | Department shall award the Conditional Adult Use Dispensing | ||||||
7 | Organization License pursuant to subsection (b). The new | ||||||
8 | awardee shall be subject to the same required deadlines as | ||||||
9 | provided in this subsection. | ||||||
10 | (d) If, within 180 days of being awarded a Conditional | ||||||
11 | Adult Use Dispensing Organization License, a dispensing | ||||||
12 | organization is unable to find a location within the BLS | ||||||
13 | Region in which it was awarded a Conditional Adult Use | ||||||
14 | Dispensing Organization License because no jurisdiction within | ||||||
15 | the BLS Region allows for the operation of an Adult Use | ||||||
16 | Dispensing Organization, the Department may authorize the | ||||||
17 | Conditional Adult Use Dispensing Organization License holder | ||||||
18 | to transfer its Conditional Adult Use Dispensing Organization | ||||||
19 | License to a BLS Region specified by the Department. | ||||||
20 | (e) A dispensing organization that is awarded a | ||||||
21 | Conditional Adult Use Dispensing Organization License under | ||||||
22 | this Section shall not purchase, possess, sell, or dispense | ||||||
23 | cannabis or cannabis-infused products until the dispensing | ||||||
24 | organization has received an Adult Use Dispensing Organization | ||||||
25 | License issued by the Department pursuant to Section 15-36. | ||||||
26 | (f) The Department shall conduct a background check of the |
| |||||||
| |||||||
1 | prospective dispensing organization agents in order to carry | ||||||
2 | out this Article. The Illinois State Police shall charge the | ||||||
3 | applicant a fee for conducting the criminal history record | ||||||
4 | check, which shall be deposited into the State Police Services | ||||||
5 | Fund and shall not exceed the actual cost of the record check. | ||||||
6 | Each person applying as a dispensing organization agent shall | ||||||
7 | submit a full set of fingerprints to the Illinois State Police | ||||||
8 | for the purpose of obtaining a State and federal criminal | ||||||
9 | records check. These fingerprints shall be checked against the | ||||||
10 | fingerprint records now and hereafter, to the extent allowed | ||||||
11 | by law, filed with the Illinois State Police and the Federal | ||||||
12 | Bureau of Investigation criminal history records databases. | ||||||
13 | The Illinois State Police shall furnish, following positive | ||||||
14 | identification, all Illinois conviction information to the | ||||||
15 | Department. | ||||||
16 | (g) The Department may verify information contained in | ||||||
17 | each application and accompanying documentation to assess the | ||||||
18 | applicant's veracity and fitness to operate a dispensing | ||||||
19 | organization. | ||||||
20 | (h) The Department may, in its discretion, refuse to issue | ||||||
21 | authorization to an applicant who meets any of the following | ||||||
22 | criteria: | ||||||
23 | (1) An applicant who is unqualified to perform the | ||||||
24 | duties required
of the applicant. | ||||||
25 | (2) An applicant who fails to disclose or states | ||||||
26 | falsely any
information called for in the application. |
| |||||||
| |||||||
1 | (3) An applicant who has been found guilty of a | ||||||
2 | violation of this Act, who has had any disciplinary order | ||||||
3 | entered against the applicant by the Department, who has | ||||||
4 | entered into a disciplinary or nondisciplinary agreement | ||||||
5 | with the Department, whose medical cannabis dispensing | ||||||
6 | organization, medical cannabis cultivation organization, | ||||||
7 | Early Approval Adult Use Dispensing Organization License, | ||||||
8 | Early Approval Adult Use Dispensing Organization License | ||||||
9 | at a secondary site, Early Approval Cultivation Center | ||||||
10 | License, Conditional Adult Use Dispensing Organization | ||||||
11 | License, or Adult Use Dispensing Organization License was | ||||||
12 | suspended, restricted, revoked, or denied for just cause, | ||||||
13 | or whose cannabis business establishment license was | ||||||
14 | suspended, restricted, revoked, or denied in any other | ||||||
15 | state. | ||||||
16 | (4) An applicant who has engaged in a pattern or | ||||||
17 | practice of unfair or illegal practices, methods, or | ||||||
18 | activities in the conduct of owning a cannabis business | ||||||
19 | establishment or other business. | ||||||
20 | (i) The Department shall deny issuance of a license under | ||||||
21 | this Section if any principal officer, board member, or person | ||||||
22 | having a financial or voting interest of 5% or greater in the | ||||||
23 | licensee is delinquent in filing any required tax return or | ||||||
24 | paying any amount owed to the State of Illinois. | ||||||
25 | (j) The Department shall verify an applicant's compliance | ||||||
26 | with the requirements of this Article and rules adopted under |
| |||||||
| |||||||
1 | this Article before issuing a Conditional Adult Use Dispensing | ||||||
2 | Organization License under this Section. | ||||||
3 | (k) If an applicant is awarded a Conditional Adult Use | ||||||
4 | Dispensing Organization License under this Section, the | ||||||
5 | information and plans provided in the application, including | ||||||
6 | any plans submitted for bonus points, shall become a condition | ||||||
7 | of the Conditional Adult Use Dispensing Organization License | ||||||
8 | and any Adult Use Dispensing Organization License issued to | ||||||
9 | the holder of the Conditional Adult Use Dispensing | ||||||
10 | Organization License, except as otherwise provided by this Act | ||||||
11 | or by rule. A dispensing organization has a duty to disclose | ||||||
12 | any material changes to the application. The Department shall | ||||||
13 | review all material changes disclosed by the dispensing | ||||||
14 | organization and may reevaluate its prior decision regarding | ||||||
15 | the awarding of a Conditional Adult Use Dispensing | ||||||
16 | Organization License, including, but not limited to, | ||||||
17 | suspending or permanently revoking a Conditional Adult Use | ||||||
18 | Dispensing Organization License. Failure to comply with the | ||||||
19 | conditions or requirements in the application may subject the | ||||||
20 | dispensing organization to discipline up to and including | ||||||
21 | suspension or permanent revocation of its authorization or | ||||||
22 | Conditional Adult Use Dispensing Organization License by the | ||||||
23 | Department. | ||||||
24 | (l) If an applicant has not begun operating as a | ||||||
25 | dispensing organization within one year after the issuance of | ||||||
26 | the Conditional Adult Use Dispensing Organization License |
| |||||||
| |||||||
1 | under this Section, the Department may permanently revoke the | ||||||
2 | Conditional Adult Use Dispensing Organization License and | ||||||
3 | award it to the next highest scoring applicant in the BLS | ||||||
4 | Region if a suitable applicant indicates a continued interest | ||||||
5 | in the Conditional Adult Use Dispensing Organization License | ||||||
6 | or may begin a new selection process to award a Conditional | ||||||
7 | Adult Use Dispensing Organization License.
| ||||||
8 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; | ||||||
9 | 102-98, eff. 7-15-21.) | ||||||
10 | (410 ILCS 705/15-35.10) | ||||||
11 | Sec. 15-35.10. Social Equity Justice Involved Lottery for | ||||||
12 | Conditional Adult Use Dispensing Organization Licenses. | ||||||
13 | (a) In addition to any of the licenses issued under | ||||||
14 | Section 15-15, Section 15-20, Section 15-25, Section 15-30.20, | ||||||
15 | or Section 15-35, within 10 business days after the resulting | ||||||
16 | final scores for all scored applications pursuant to Sections | ||||||
17 | 15-25 and 15-30 are released, the Department shall issue up to | ||||||
18 | 55 Conditional Adult Use Dispensing Organization Licenses by | ||||||
19 | lot, pursuant to the application process adopted under this | ||||||
20 | Section. In order to be eligible to be awarded a Conditional | ||||||
21 | Adult Use Dispensing Organization License by lot, a Dispensary | ||||||
22 | Applicant must be a Qualifying Social Equity Justice Involved | ||||||
23 | Applicant. | ||||||
24 | The licenses issued under this Section shall be awarded in | ||||||
25 | each BLS Region in the following amounts: |
| |||||||
| |||||||
1 | (1) Bloomington: 1. | ||||||
2 | (2) Cape Girardeau: 1. | ||||||
3 | (3) Carbondale-Marion: 1. | ||||||
4 | (4) Champaign-Urbana: 1. | ||||||
5 | (5) Chicago-Naperville-Elgin: 36. | ||||||
6 | (6) Danville: 1. | ||||||
7 | (7) Davenport-Moline-Rock Island: 1. | ||||||
8 | (8) Decatur: 1. | ||||||
9 | (9) Kankakee: 1. | ||||||
10 | (10) Peoria: 2. | ||||||
11 | (11) Rockford: 1. | ||||||
12 | (12) St. Louis: 3. | ||||||
13 | (13) Springfield: 1. | ||||||
14 | (14) Northwest Illinois nonmetropolitan: 1. | ||||||
15 | (15) West Central Illinois nonmetropolitan: 1. | ||||||
16 | (16) East Central Illinois nonmetropolitan: 1. | ||||||
17 | (17) South Illinois nonmetropolitan: 1. | ||||||
18 | (a-5) Prior to issuing licenses under subsection (a), the | ||||||
19 | Department may adopt rules through emergency rulemaking in | ||||||
20 | accordance with subsection (kk) of Section 5-45 of the | ||||||
21 | Illinois Administrative Procedure Act. The General Assembly | ||||||
22 | finds that the adoption of rules to regulate cannabis use is | ||||||
23 | deemed an emergency and necessary for the public interest, | ||||||
24 | safety, and welfare. | ||||||
25 | (b) The Department shall distribute the available licenses | ||||||
26 | established under this Section subject to the following: |
| |||||||
| |||||||
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 Department in | ||||||
13 | a format selected by the Department. | ||||||
14 | (4) A Dispensary Applicant is prohibited from becoming | ||||||
15 | a Qualifying Social Equity Justice Involved Applicant if a | ||||||
16 | principal officer resigns after the resulting final scores | ||||||
17 | for all scored applications pursuant to Sections 15-25 and | ||||||
18 | 15-30 are released. | ||||||
19 | (5) No Qualifying Social Equity Justice Involved | ||||||
20 | Applicant may be awarded more than 2 Conditional Adult Use | ||||||
21 | Dispensing Organization Licenses at the conclusion of a | ||||||
22 | lottery conducted under this Section. | ||||||
23 | (6) No individual may be listed as a principal officer | ||||||
24 | of more than 2 Conditional Adult Use Dispensing | ||||||
25 | Organization Licenses awarded under this Section. | ||||||
26 | (7) If, upon being selected for an available license |
| |||||||
| |||||||
1 | established under this Section, a Qualifying Social Equity | ||||||
2 | Justice Involved Applicant exceeds the limits under | ||||||
3 | paragraph (5) or (6), the Qualifying Social Equity Justice | ||||||
4 | Involved Applicant must choose which license to abandon | ||||||
5 | and notify the Department in writing within 5 business | ||||||
6 | days on forms prescribed by the Department. If the | ||||||
7 | Qualifying Social Equity Justice Involved Applicant does | ||||||
8 | not notify the Department as required, the Department | ||||||
9 | shall refuse to issue the Qualifying Social Equity Justice | ||||||
10 | Involved Applicant all available licenses established | ||||||
11 | under this Section obtained by lot in all BLS Regions. | ||||||
12 | (8) If, upon being selected for an available license | ||||||
13 | established under this Section, a Qualifying Social Equity | ||||||
14 | Justice Involved Applicant has a principal officer who is | ||||||
15 | a principal officer in more than 10 Early Approval Adult | ||||||
16 | Use Dispensing Organization Licenses, Conditional Adult | ||||||
17 | Use Dispensing Organization Licenses, Adult Use Dispensing | ||||||
18 | Organization Licenses, or any combination thereof, the | ||||||
19 | licensees and the Qualifying Social Equity Justice | ||||||
20 | Involved Applicant listing that principal officer must | ||||||
21 | choose which license to abandon pursuant to subsection (d) | ||||||
22 | of Section 15-36 and notify the Department in writing | ||||||
23 | within 5 business days on forms prescribed by the | ||||||
24 | Department. If the Dispensary Applicant or licensees do | ||||||
25 | not notify the Department as required, the Department | ||||||
26 | shall refuse to issue the Qualifying Social Equity Justice |
| |||||||
| |||||||
1 | Involved Applicant all available licenses established | ||||||
2 | under this Section obtained by lot in all BLS Regions. | ||||||
3 | (9) All available licenses that have been abandoned | ||||||
4 | under paragraph (7) or (8) shall be distributed to the | ||||||
5 | next Qualifying Social Equity Justice Involved Applicant | ||||||
6 | drawn by lot. | ||||||
7 | Any and all rights conferred or obtained under this | ||||||
8 | subsection shall be limited to the provisions of this | ||||||
9 | subsection. | ||||||
10 | (c) An applicant who receives a Conditional Adult Use | ||||||
11 | Dispensing Organization License under this Section has 180 | ||||||
12 | days from the date of the award to identify a physical location | ||||||
13 | for the dispensing organization's retail storefront. The | ||||||
14 | applicant shall provide evidence that the location is not | ||||||
15 | within 1,500 feet of an existing dispensing organization, | ||||||
16 | unless the applicant is a Social Equity Applicant or Social | ||||||
17 | Equity Justice Involved Applicant located or seeking to locate | ||||||
18 | within 1,500 feet of a dispensing organization licensed under | ||||||
19 | Section 15-15 or Section 15-20. If an applicant is unable to | ||||||
20 | find a suitable physical address in the opinion of the | ||||||
21 | Department within 180 days from the issuance of the | ||||||
22 | Conditional Adult Use Dispensing Organization License, the | ||||||
23 | Department may extend the period for finding a physical | ||||||
24 | address a total of 540 another 180 days if the Conditional | ||||||
25 | Adult Use Dispensing Organization License holder demonstrates | ||||||
26 | a concrete attempt to secure a location and a hardship. If the |
| |||||||
| |||||||
1 | Department denies the extension or the Conditional Adult Use | ||||||
2 | Dispensing Organization License holder is unable to find a | ||||||
3 | location or become operational within 540 360 days of being | ||||||
4 | awarded a Conditional Adult Use Dispensing Organization | ||||||
5 | License under this Section, the Department shall rescind the | ||||||
6 | Conditional Adult Use Dispensing Organization License and | ||||||
7 | award it pursuant to subsection (b) and notify the new awardee | ||||||
8 | at the email address provided in the awardee's application, | ||||||
9 | provided the applicant receiving the Conditional Adult Use | ||||||
10 | Dispensing Organization License: (i) confirms a continued | ||||||
11 | interest in operating a dispensing organization; (ii) can | ||||||
12 | provide evidence that the applicant continues to meet all | ||||||
13 | requirements for holding a Conditional Adult Use Dispensing | ||||||
14 | Organization License set forth in this Act; and (iii) has not | ||||||
15 | otherwise become ineligible to be awarded a Conditional Adult | ||||||
16 | Use Dispensing Organization License. If the new awardee is | ||||||
17 | unable to accept the Conditional Adult Use Dispensing | ||||||
18 | Organization License, the Department shall award the | ||||||
19 | Conditional Adult Use Dispensing Organization License pursuant | ||||||
20 | to subsection (b). The new awardee shall be subject to the same | ||||||
21 | required deadlines as provided in this subsection. | ||||||
22 | (d) If, within 180 days of being awarded a Conditional | ||||||
23 | Adult Use Dispensing Organization License, a dispensing | ||||||
24 | organization is unable to find a location within the BLS | ||||||
25 | Region in which it was awarded a Conditional Adult Use | ||||||
26 | Dispensing Organization License under this Section because no |
| |||||||
| |||||||
1 | jurisdiction within the BLS Region allows for the operation of | ||||||
2 | an Adult Use Dispensing Organization, the Department may | ||||||
3 | authorize the Conditional Adult Use Dispensing Organization | ||||||
4 | License holder to transfer its Conditional Adult Use | ||||||
5 | Dispensing Organization License to a BLS Region specified by | ||||||
6 | the Department. | ||||||
7 | (e) A dispensing organization that is awarded a | ||||||
8 | Conditional Adult Use Dispensing Organization License under | ||||||
9 | this Section shall not purchase, possess, sell, or dispense | ||||||
10 | cannabis or cannabis-infused products until the dispensing | ||||||
11 | organization has received an Adult Use Dispensing Organization | ||||||
12 | License issued by the Department pursuant to Section 15-36. | ||||||
13 | (f) The Department shall conduct a background check of the | ||||||
14 | prospective dispensing organization agents in order to carry | ||||||
15 | out this Article. The Illinois State Police shall charge the | ||||||
16 | applicant a fee for conducting the criminal history record | ||||||
17 | check, which shall be deposited into the State Police Services | ||||||
18 | Fund and shall not exceed the actual cost of the record check. | ||||||
19 | Each person applying as a dispensing organization agent shall | ||||||
20 | submit a full set of fingerprints to the Illinois State Police | ||||||
21 | for the purpose of obtaining a State and federal criminal | ||||||
22 | records check. These fingerprints shall be checked against the | ||||||
23 | fingerprint records now and hereafter, to the extent allowed | ||||||
24 | by law, filed with the Illinois State Police and the Federal | ||||||
25 | Bureau of Investigation criminal history records databases. | ||||||
26 | The Illinois State Police shall furnish, following positive |
| |||||||
| |||||||
1 | identification, all Illinois conviction information to the | ||||||
2 | Department. | ||||||
3 | (g) The Department may verify information contained in | ||||||
4 | each application and accompanying documentation to assess the | ||||||
5 | applicant's veracity and fitness to operate a dispensing | ||||||
6 | organization. | ||||||
7 | (h) The Department may, in its discretion, refuse to issue | ||||||
8 | an authorization to an applicant who meets any of the | ||||||
9 | following criteria: | ||||||
10 | (1) An applicant who is unqualified to perform the | ||||||
11 | duties required of the applicant. | ||||||
12 | (2) An applicant who fails to disclose or states | ||||||
13 | falsely any information called for in the application. | ||||||
14 | (3) An applicant who has been found guilty of a | ||||||
15 | violation of this Act, who has had any disciplinary order | ||||||
16 | entered against the applicant by the Department, who has | ||||||
17 | entered into a disciplinary or nondisciplinary agreement | ||||||
18 | with the Department, whose medical cannabis dispensing | ||||||
19 | organization, medical cannabis cultivation organization, | ||||||
20 | Early Approval Adult Use Dispensing Organization License, | ||||||
21 | Early Approval Adult Use Dispensing Organization License | ||||||
22 | at a secondary site, Early Approval Cultivation Center | ||||||
23 | License, Conditional Adult Use Dispensing Organization | ||||||
24 | License, or Adult Use Dispensing Organization License was | ||||||
25 | suspended, restricted, revoked, or denied for just cause, | ||||||
26 | or whose cannabis business establishment license was |
| |||||||
| |||||||
1 | suspended, restricted, revoked, or denied in any other | ||||||
2 | state. | ||||||
3 | (4) An applicant who has engaged in a pattern or | ||||||
4 | practice of unfair or illegal practices, methods, or | ||||||
5 | activities in the conduct of owning a cannabis business | ||||||
6 | establishment or other business. | ||||||
7 | (i) The Department shall deny the license if any principal | ||||||
8 | officer, board member, or person having a financial or voting | ||||||
9 | interest of 5% or greater in the licensee is delinquent in | ||||||
10 | filing any required tax return or paying any amount owed to the | ||||||
11 | State of Illinois. | ||||||
12 | (j) The Department shall verify an applicant's compliance | ||||||
13 | with the requirements of this Article and rules adopted under | ||||||
14 | this Article before issuing a Conditional Adult Use Dispensing | ||||||
15 | Organization License. | ||||||
16 | (k) If an applicant is awarded a Conditional Adult Use | ||||||
17 | Dispensing Organization License under this Section, the | ||||||
18 | information and plans provided in the application, including | ||||||
19 | any plans submitted for bonus points, shall become a condition | ||||||
20 | of the Conditional Adult Use Dispensing Organization License | ||||||
21 | and any Adult Use Dispensing Organization License issued to | ||||||
22 | the holder of the Conditional Adult Use Dispensing | ||||||
23 | Organization License, except as otherwise provided by this Act | ||||||
24 | or by rule. Dispensing organizations have a duty to disclose | ||||||
25 | any material changes to the application. The Department shall | ||||||
26 | review all material changes disclosed by the dispensing |
| |||||||
| |||||||
1 | organization and may reevaluate its prior decision regarding | ||||||
2 | the awarding of a Conditional Adult Use Dispensing | ||||||
3 | Organization License, including, but not limited to, | ||||||
4 | suspending or permanently revoking a Conditional Adult Use | ||||||
5 | Dispensing Organization License. Failure to comply with the | ||||||
6 | conditions or requirements in the application may subject the | ||||||
7 | dispensing organization to discipline up to and including | ||||||
8 | suspension or permanent revocation of its authorization or | ||||||
9 | Conditional Adult Use Dispensing Organization License by the | ||||||
10 | Department. | ||||||
11 | (l) If an applicant has not begun operating as a | ||||||
12 | dispensing organization within one year after the issuance of | ||||||
13 | the Conditional Adult Use Dispensing Organization License | ||||||
14 | under this Section, the Department may permanently revoke the | ||||||
15 | Conditional Adult Use Dispensing Organization License and | ||||||
16 | award it to the next highest scoring applicant in the BLS | ||||||
17 | Region if a suitable applicant indicates a continued interest | ||||||
18 | in the Conditional Adult Use Dispensing Organization License | ||||||
19 | or may begin a new selection process to award a Conditional | ||||||
20 | Adult Use Dispensing Organization License.
| ||||||
21 | (Source: P.A. 102-98, eff. 7-15-21.) | ||||||
22 | (410 ILCS 705/15-70)
| ||||||
23 | Sec. 15-70. Operational requirements; prohibitions. | ||||||
24 | (a) A dispensing organization shall operate in accordance | ||||||
25 | with the representations made in its application and license |
| |||||||
| |||||||
1 | materials. It shall be in compliance with this Act and rules. | ||||||
2 | (b) A dispensing organization must include the legal name | ||||||
3 | of the dispensary on the packaging of any cannabis product it | ||||||
4 | sells. | ||||||
5 | (c) All cannabis, cannabis-infused products, and cannabis | ||||||
6 | seeds must be obtained from an Illinois registered adult use | ||||||
7 | cultivation center, craft grower, infuser, or another | ||||||
8 | dispensary. | ||||||
9 | (d) Dispensing organizations are prohibited from selling | ||||||
10 | any product containing alcohol except tinctures, which must be | ||||||
11 | limited to containers that are no larger than 100 milliliters. | ||||||
12 | (e) A dispensing organization shall inspect and count | ||||||
13 | product received from a transporting organization, adult use | ||||||
14 | cultivation center, craft grower, infuser organization, or | ||||||
15 | other dispensing organization before dispensing it. | ||||||
16 | (f) A dispensing organization may only accept cannabis | ||||||
17 | deliveries into a restricted access area. Deliveries may not | ||||||
18 | be accepted through the public or limited access areas unless | ||||||
19 | otherwise approved by the Department. | ||||||
20 | (g) A dispensing organization shall maintain compliance | ||||||
21 | with State and local building, fire, and zoning requirements | ||||||
22 | or regulations. | ||||||
23 | (h) A dispensing organization shall submit a list to the | ||||||
24 | Department of the names of all service professionals that will | ||||||
25 | work at the dispensary. The list shall include a description | ||||||
26 | of the type of business or service provided. Changes to the |
| |||||||
| |||||||
1 | service professional list shall be promptly provided. No | ||||||
2 | service professional shall work in the dispensary until the | ||||||
3 | name is provided to the Department on the service professional | ||||||
4 | list. | ||||||
5 | (i) A dispensing organization's license allows for a | ||||||
6 | dispensary to be operated only at a single location. | ||||||
7 | (j) A dispensary may operate between 6 a.m. and 10 p.m. | ||||||
8 | local time. | ||||||
9 | (k) A dispensing organization must keep all lighting | ||||||
10 | outside and inside the dispensary in good working order and | ||||||
11 | wattage sufficient for security cameras. | ||||||
12 | (l) A dispensing organization must keep all air treatment | ||||||
13 | systems that will be installed to reduce odors in good working | ||||||
14 | order. | ||||||
15 | (m) A dispensing organization must contract with a private | ||||||
16 | security contractor that is licensed under Section 10-5 of the | ||||||
17 | Private Detective, Private Alarm, Private Security, | ||||||
18 | Fingerprint Vendor, and Locksmith Act of 2004 to provide | ||||||
19 | on-site security at all hours of the dispensary's operation. | ||||||
20 | (n) A dispensing organization shall ensure that any | ||||||
21 | building or equipment used by a dispensing organization for | ||||||
22 | the storage or sale of cannabis is maintained in a clean and | ||||||
23 | sanitary condition. | ||||||
24 | (o) The dispensary shall be free from infestation by | ||||||
25 | insects, rodents, or pests. | ||||||
26 | (p) A dispensing organization shall not: |
| |||||||
| |||||||
1 | (1) Produce or manufacture cannabis; | ||||||
2 | (2) Accept a cannabis product from an adult use | ||||||
3 | cultivation center, craft grower, infuser, dispensing | ||||||
4 | organization, or transporting organization unless it is | ||||||
5 | pre-packaged and labeled in accordance with this Act and | ||||||
6 | any rules that may be adopted pursuant to this Act; | ||||||
7 | (3) Obtain cannabis or cannabis-infused products from | ||||||
8 | outside the State of Illinois; | ||||||
9 | (4) Sell cannabis or cannabis-infused products to a | ||||||
10 | purchaser unless the dispensing organization is licensed | ||||||
11 | under the Compassionate Use of Medical Cannabis Program | ||||||
12 | Act, and the individual is registered under the | ||||||
13 | Compassionate Use of Medical Cannabis Program or the | ||||||
14 | purchaser has been verified to be 21 years of age or older; | ||||||
15 | (5) Enter into an exclusive agreement with any adult | ||||||
16 | use cultivation center, craft grower, or infuser. | ||||||
17 | Dispensaries shall provide consumers an assortment of | ||||||
18 | products from various cannabis business establishment | ||||||
19 | licensees such that the inventory available for sale at | ||||||
20 | any dispensary from any single cultivation center, craft | ||||||
21 | grower, processor, transporter, or infuser entity shall | ||||||
22 | not be more than 40% of the total inventory available for | ||||||
23 | sale. For the purpose of this subsection, a cultivation | ||||||
24 | center, craft grower, processor, or infuser shall be | ||||||
25 | considered part of the same entity if the licensees share | ||||||
26 | at least one principal officer. The Department may request |
| |||||||
| |||||||
1 | that a dispensary diversify its products as needed or | ||||||
2 | otherwise discipline a dispensing organization for | ||||||
3 | violating this requirement; | ||||||
4 | (6) Refuse to conduct business with an adult use | ||||||
5 | cultivation center, craft grower, transporting | ||||||
6 | organization, or infuser that has the ability to properly | ||||||
7 | deliver the product and is permitted by the Department of | ||||||
8 | Agriculture, on the same terms as other adult use | ||||||
9 | cultivation centers, craft growers, infusers, or | ||||||
10 | transporters with whom it is dealing; | ||||||
11 | (7) (Blank); Operate drive-through windows; | ||||||
12 | (8) Allow for the dispensing of cannabis or | ||||||
13 | cannabis-infused products in vending machines; | ||||||
14 | (9) Transport cannabis to residences or other | ||||||
15 | locations where purchasers may be for delivery; | ||||||
16 | (10) Enter into agreements to allow persons who are | ||||||
17 | not dispensing organization agents to deliver cannabis or | ||||||
18 | to transport cannabis to purchasers; | ||||||
19 | (11) Operate a dispensary if its video surveillance | ||||||
20 | equipment is inoperative; | ||||||
21 | (12) Operate a dispensary if the point-of-sale | ||||||
22 | equipment is inoperative; | ||||||
23 | (13) Operate a dispensary if the State's cannabis | ||||||
24 | electronic verification system is inoperative; | ||||||
25 | (14) Have fewer than 2 people working at the | ||||||
26 | dispensary at any time while the dispensary is open; |
| |||||||
| |||||||
1 | (15) Be located within 1,500 feet of the property line | ||||||
2 | of a pre-existing dispensing organization, unless the | ||||||
3 | applicant is a Social Equity Applicant or Social Equity | ||||||
4 | Justice Involved Applicant located or seeking to locate | ||||||
5 | within 1,500 feet of a dispensing organization licensed | ||||||
6 | under Section 15-15 or Section 15-20; | ||||||
7 | (16) Sell clones or any other live plant material; | ||||||
8 | (17) Sell cannabis, cannabis concentrate, or | ||||||
9 | cannabis-infused products in combination or bundled with | ||||||
10 | each other or any other items for one price, and each item | ||||||
11 | of cannabis, concentrate, or cannabis-infused product must | ||||||
12 | be separately identified by quantity and price on the | ||||||
13 | receipt; | ||||||
14 | (18) Violate any other requirements or prohibitions | ||||||
15 | set by Department rules. | ||||||
16 | (q) It is unlawful for any person having an Early Approval | ||||||
17 | Adult Use Cannabis Dispensing Organization License, a | ||||||
18 | Conditional Adult Use Cannabis Dispensing Organization, an | ||||||
19 | Adult Use Dispensing Organization License, or a medical | ||||||
20 | cannabis dispensing organization license issued under the | ||||||
21 | Compassionate Use of Medical Cannabis Program Act or any | ||||||
22 | officer, associate, member, representative, or agent of such
| ||||||
23 | licensee to accept, receive, or borrow money or anything else
| ||||||
24 | of value or accept or receive credit (other than merchandising
| ||||||
25 | credit in the ordinary course of business for a period not to
| ||||||
26 | exceed 30 days) directly or indirectly from any adult use
|
| |||||||
| |||||||
1 | cultivation center, craft grower, infuser, or transporting
| ||||||
2 | organization in exchange for preferential placement on the | ||||||
3 | dispensing organization's shelves, display cases, or website. | ||||||
4 | This includes anything received or borrowed or from any | ||||||
5 | stockholders, officers, agents, or persons connected with an | ||||||
6 | adult
use cultivation center, craft grower, infuser, or
| ||||||
7 | transporting organization. | ||||||
8 | (r) It is unlawful for any person having an Early Approval | ||||||
9 | Adult Use Cannabis Dispensing Organization License, a | ||||||
10 | Conditional Adult Use Cannabis Dispensing Organization, an | ||||||
11 | Adult Use Dispensing Organization License, or a medical | ||||||
12 | cannabis dispensing organization license issued under the | ||||||
13 | Compassionate Use of Medical Cannabis Program to enter into | ||||||
14 | any contract with any person licensed to cultivate, process, | ||||||
15 | or transport cannabis whereby such dispensing organization | ||||||
16 | agrees not to sell any cannabis cultivated, processed, | ||||||
17 | transported, manufactured, or distributed by any other | ||||||
18 | cultivator, transporter, or infuser, and any provision in any | ||||||
19 | contract violative of this Section shall render the whole of | ||||||
20 | such contract void and no action shall be brought thereon in | ||||||
21 | any court.
| ||||||
22 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; | ||||||
23 | 102-98, eff. 7-15-21.) | ||||||
24 | (410 ILCS 705/15-100)
| ||||||
25 | Sec. 15-100. Security. |
| |||||||
| |||||||
1 | (a) A dispensing organization shall implement security | ||||||
2 | measures to deter and prevent entry into and theft of cannabis | ||||||
3 | or currency. | ||||||
4 | (b) A dispensing organization shall submit any changes to | ||||||
5 | the floor plan or security plan to the Department for | ||||||
6 | pre-approval. All cannabis shall be maintained and stored in a | ||||||
7 | restricted access area during construction. | ||||||
8 | (c) The dispensing organization shall implement security | ||||||
9 | measures to protect the premises, purchasers, and dispensing | ||||||
10 | organization agents including, but not limited to the | ||||||
11 | following: | ||||||
12 | (1) Establish a locked door or barrier between the | ||||||
13 | facility's entrance and the limited access area; | ||||||
14 | (2) Prevent individuals from remaining on the premises | ||||||
15 | if they are not engaging in activity permitted by this Act | ||||||
16 | or rules; | ||||||
17 | (3) Develop a policy that addresses the maximum | ||||||
18 | capacity and purchaser flow in the waiting rooms and | ||||||
19 | limited access areas; | ||||||
20 | (4) Dispose of cannabis in accordance with this Act | ||||||
21 | and rules; | ||||||
22 | (5) During hours of operation, store and dispense all | ||||||
23 | cannabis in from the restricted access area and dispense | ||||||
24 | all cannabis from the restricted access area, a | ||||||
25 | drive-through window of the restricted access area, or a | ||||||
26 | curbside pickup location in close proximity to the |
| |||||||
| |||||||
1 | restricted access area . During operational hours, cannabis | ||||||
2 | shall be stored in an enclosed locked room or cabinet and | ||||||
3 | accessible only to specifically authorized dispensing | ||||||
4 | 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 |
| |||||||
| |||||||
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 Department. | ||||||
13 | (d) The Department may request or approve alternative | ||||||
14 | security provisions that it determines are an adequate | ||||||
15 | substitute for a security requirement specified in this | ||||||
16 | Article. Any additional protections may be considered by the | ||||||
17 | Department in evaluating overall security measures. | ||||||
18 | (e) A dispensing organization may share premises with a | ||||||
19 | craft grower or an infuser organization, or both, provided | ||||||
20 | each licensee stores currency and cannabis or cannabis-infused | ||||||
21 | products in a separate secured vault to which the other | ||||||
22 | licensee does not have access or all licensees sharing a vault | ||||||
23 | share more than 50% of the same ownership. | ||||||
24 | (f) A dispensing organization shall provide additional | ||||||
25 | security as needed and in a manner appropriate for the | ||||||
26 | community where it operates. |
| |||||||
| |||||||
1 | (g) Restricted access areas. | ||||||
2 | (1) All restricted access areas must be identified by | ||||||
3 | the posting of a sign that is a minimum of 12 inches by 12 | ||||||
4 | inches and that states "Do Not Enter - Restricted Access | ||||||
5 | Area - Authorized Personnel Only" in lettering no smaller | ||||||
6 | than one inch in height. | ||||||
7 | (2) All restricted access areas shall be clearly | ||||||
8 | described in the floor plan of the premises, in the form | ||||||
9 | and manner determined by the Department, reflecting walls, | ||||||
10 | partitions, counters, and all areas of entry and exit. The | ||||||
11 | floor plan shall show all storage, disposal, and retail | ||||||
12 | sales areas. | ||||||
13 | (3) All restricted access areas must be secure, with | ||||||
14 | locking devices that prevent access from the limited | ||||||
15 | access areas. | ||||||
16 | (h) Security and alarm. | ||||||
17 | (1) A dispensing organization shall have an adequate | ||||||
18 | security plan and security system to prevent and detect | ||||||
19 | diversion, theft, or loss of cannabis, currency, or | ||||||
20 | unauthorized intrusion using commercial grade equipment | ||||||
21 | installed by an Illinois licensed private alarm contractor | ||||||
22 | or private alarm contractor agency that shall, at a | ||||||
23 | minimum, include: | ||||||
24 | (i) A perimeter alarm on all entry points and | ||||||
25 | glass break protection on perimeter windows; | ||||||
26 | (ii) Security shatterproof tinted film on exterior |
| |||||||
| |||||||
1 | windows; | ||||||
2 | (iii) A failure notification system that provides | ||||||
3 | an audible, text, or visual notification of any | ||||||
4 | failure in the surveillance system, including, but not | ||||||
5 | limited to, panic buttons, alarms, and video | ||||||
6 | monitoring system. The failure notification system | ||||||
7 | shall provide an alert to designated dispensing | ||||||
8 | organization agents within 5 minutes after the | ||||||
9 | failure, either by telephone or text message; | ||||||
10 | (iv) A duress alarm, panic button, and alarm, or | ||||||
11 | holdup alarm and after-hours intrusion detection alarm | ||||||
12 | that by design and purpose will directly or indirectly | ||||||
13 | notify, by the most efficient means, the Public Safety | ||||||
14 | Answering Point for the law enforcement agency having | ||||||
15 | primary jurisdiction; | ||||||
16 | (v) Security equipment to deter and prevent | ||||||
17 | unauthorized entrance into the dispensary, including | ||||||
18 | electronic door locks on the limited and restricted | ||||||
19 | access areas that include devices or a series of | ||||||
20 | devices to detect unauthorized intrusion that may | ||||||
21 | include a signal system interconnected with a radio | ||||||
22 | frequency method, cellular, private radio signals or | ||||||
23 | other mechanical or electronic device. | ||||||
24 | (2) All security system equipment and recordings shall | ||||||
25 | be maintained in good working order, in a secure location | ||||||
26 | so as to prevent theft, loss, destruction, or alterations. |
| |||||||
| |||||||
1 | (3) Access to surveillance monitoring recording | ||||||
2 | equipment shall be limited to persons who are essential to | ||||||
3 | surveillance operations, law enforcement authorities | ||||||
4 | acting within their jurisdiction, security system service | ||||||
5 | personnel, and the Department. A current list of | ||||||
6 | authorized dispensing organization agents and service | ||||||
7 | personnel that have access to the surveillance equipment | ||||||
8 | must be available to the Department upon request. | ||||||
9 | (4) All security equipment shall be inspected and | ||||||
10 | tested at regular intervals, not to exceed one month from | ||||||
11 | the previous inspection, and tested to ensure the systems | ||||||
12 | remain functional. | ||||||
13 | (5) The security system shall provide protection | ||||||
14 | against theft and diversion that is facilitated or hidden | ||||||
15 | by tampering with computers or electronic records. | ||||||
16 | (6) The dispensary shall ensure all access doors are | ||||||
17 | not solely controlled by an electronic access panel to | ||||||
18 | ensure that locks are not released during a power outage. | ||||||
19 | (i) To monitor the dispensary, the dispensing organization | ||||||
20 | shall incorporate continuous electronic video monitoring | ||||||
21 | including the following: | ||||||
22 | (1) All monitors must be 19 inches or greater; | ||||||
23 | (2) Unobstructed video surveillance of all enclosed | ||||||
24 | dispensary areas, unless prohibited by law, including all | ||||||
25 | points of entry and exit that shall be appropriate for the | ||||||
26 | normal lighting conditions of the area under surveillance. |
| |||||||
| |||||||
1 | The cameras shall be directed so all areas are captured, | ||||||
2 | including, but not limited to, safes, vaults, sales areas, | ||||||
3 | and areas where cannabis is stored, handled, dispensed, or | ||||||
4 | destroyed. Cameras shall be angled to allow for facial | ||||||
5 | recognition, the capture of clear and certain | ||||||
6 | identification of any person entering or exiting the | ||||||
7 | dispensary area and in lighting sufficient during all | ||||||
8 | times of night or day; | ||||||
9 | (3) Unobstructed video surveillance of outside areas, | ||||||
10 | the storefront, and the parking lot, that shall be | ||||||
11 | appropriate for the normal lighting conditions of the area | ||||||
12 | under surveillance. Cameras shall be angled so as to allow | ||||||
13 | for the capture of facial recognition, clear and certain | ||||||
14 | identification of any person entering or exiting the | ||||||
15 | dispensary and the immediate surrounding area, and license | ||||||
16 | plates of vehicles in the parking lot; | ||||||
17 | (4) 24-hour recordings from all video cameras | ||||||
18 | available for immediate viewing by the Department upon | ||||||
19 | request. Recordings shall not be destroyed or altered and | ||||||
20 | shall be retained for at least 90 days. Recordings shall | ||||||
21 | be retained as long as necessary if the dispensing | ||||||
22 | organization is aware of the loss or theft of cannabis or a | ||||||
23 | pending criminal, civil, or administrative investigation | ||||||
24 | or legal proceeding for which the recording may contain | ||||||
25 | relevant information; | ||||||
26 | (5) The ability to immediately produce a clear, color |
| |||||||
| |||||||
1 | still photo from the surveillance video, either live or | ||||||
2 | recorded; | ||||||
3 | (6) A date and time stamp embedded on all video | ||||||
4 | surveillance recordings. The date and time shall be | ||||||
5 | synchronized and set correctly and shall not significantly | ||||||
6 | obscure the picture; | ||||||
7 | (7) The ability to remain operational during a power | ||||||
8 | outage and ensure all access doors are not solely | ||||||
9 | controlled by an electronic access panel to ensure that | ||||||
10 | locks are not released during a power outage; | ||||||
11 | (8) All video surveillance equipment shall allow for | ||||||
12 | the exporting of still images in an industry standard | ||||||
13 | image format, including .jpg, .bmp, and .gif. Exported | ||||||
14 | video shall have the ability to be archived in a | ||||||
15 | proprietary format that ensures authentication of the | ||||||
16 | video and guarantees that no alteration of the recorded | ||||||
17 | image has taken place. Exported video shall also have the | ||||||
18 | ability to be saved in an industry standard file format | ||||||
19 | that can be played on a standard computer operating | ||||||
20 | system. All recordings shall be erased or destroyed before | ||||||
21 | disposal; | ||||||
22 | (9) The video surveillance system shall be operational | ||||||
23 | during a power outage with a 4-hour minimum battery | ||||||
24 | backup; | ||||||
25 | (10) A video camera or cameras recording at each | ||||||
26 | point-of-sale location allowing for the identification of |
| |||||||
| |||||||
1 | the dispensing organization agent distributing the | ||||||
2 | cannabis and any purchaser. The camera or cameras shall | ||||||
3 | capture the sale, the individuals and the computer | ||||||
4 | monitors used for the sale; | ||||||
5 | (11) A failure notification system that provides an | ||||||
6 | audible and visual notification of any failure in the | ||||||
7 | electronic video monitoring system; and | ||||||
8 | (12) All electronic video surveillance monitoring must | ||||||
9 | record at least the equivalent of 8 frames per second and | ||||||
10 | be available as recordings to the Department and the | ||||||
11 | Illinois State Police 24 hours a day via a secure | ||||||
12 | web-based portal with reverse functionality. | ||||||
13 | (j) The requirements contained in this Act are minimum | ||||||
14 | requirements for operating a dispensing organization. The | ||||||
15 | Department may establish additional requirements by rule.
| ||||||
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 705/15-135)
| ||||||
19 | Sec. 15-135. Investigations. | ||||||
20 | (a) Dispensing organizations are subject to random and | ||||||
21 | unannounced dispensary inspections and cannabis testing by the | ||||||
22 | Department, the Illinois State Police, the Department of | ||||||
23 | Agriculture, local law enforcement, or as provided by rule. | ||||||
24 | The Department of Agriculture shall also have authority to | ||||||
25 | conduct random inspections of transporting organizations while |
| |||||||
| |||||||
1 | at dispensary organizations. | ||||||
2 | (b) The Department and its authorized representatives may | ||||||
3 | enter any place, including a vehicle, in which cannabis is | ||||||
4 | held, stored, dispensed, sold, produced, delivered, | ||||||
5 | transported, manufactured, or disposed of and inspect, in a | ||||||
6 | reasonable manner, the place and all pertinent equipment, | ||||||
7 | containers and labeling, and all things including records, | ||||||
8 | files, financial data, sales data, shipping data, pricing | ||||||
9 | data, personnel data, research, papers, processes, controls, | ||||||
10 | and facility, and inventory any stock of cannabis and obtain | ||||||
11 | samples of any cannabis or cannabis-infused product, any | ||||||
12 | labels or containers for cannabis, or paraphernalia. | ||||||
13 | (c) The Department may conduct an investigation of an | ||||||
14 | applicant, application, dispensing organization, principal | ||||||
15 | officer, dispensary agent, third party vendor, or any other | ||||||
16 | party associated with a dispensing organization for an alleged | ||||||
17 | violation of this Act or rules or to determine qualifications | ||||||
18 | to be granted a registration by the Department. | ||||||
19 | (d) The Department may require an applicant or holder of | ||||||
20 | any license issued pursuant to this Article to produce | ||||||
21 | documents, records, or any other material pertinent to the | ||||||
22 | investigation of an application or alleged violations of this | ||||||
23 | Act or rules. Failure to provide the required material may be | ||||||
24 | grounds for denial or discipline. | ||||||
25 | (e) Every person charged with preparation, obtaining, or | ||||||
26 | keeping records, logs, reports, or other documents in |
| |||||||
| |||||||
1 | connection with this Act and rules and every person in charge, | ||||||
2 | or having custody, of those documents shall, upon request by | ||||||
3 | the Department, make the documents immediately available for | ||||||
4 | inspection and copying by the Department, the Department's | ||||||
5 | authorized representative, or others authorized by law to | ||||||
6 | review the documents.
| ||||||
7 | (Source: P.A. 101-27, eff. 6-25-19; 102-98, eff. 7-15-21; | ||||||
8 | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.) | ||||||
9 | (410 ILCS 705/20-15)
| ||||||
10 | Sec. 20-15. Conditional Adult Use Cultivation Center | ||||||
11 | application. | ||||||
12 | (a) If the Department of Agriculture makes available | ||||||
13 | additional cultivation center licenses pursuant to Section | ||||||
14 | 20-5, applicants for a Conditional Adult Use Cultivation | ||||||
15 | Center License shall electronically submit the following in | ||||||
16 | such form as the Department of Agriculture may direct: | ||||||
17 | (1) the nonrefundable application fee set by rule by | ||||||
18 | the Department of Agriculture, to be deposited into the | ||||||
19 | Cannabis Regulation Fund; | ||||||
20 | (2) the legal name of the cultivation center; | ||||||
21 | (3) the proposed physical address of the cultivation | ||||||
22 | center; | ||||||
23 | (4) the name, address, social security number, and | ||||||
24 | date of birth of each principal officer and board member | ||||||
25 | of the cultivation center; each principal officer and |
| |||||||
| |||||||
1 | board member shall be at least 21 years of age; | ||||||
2 | (5) the details of any administrative or judicial | ||||||
3 | proceeding in which any of the principal officers or board | ||||||
4 | members of the cultivation center (i) pled guilty, were | ||||||
5 | convicted, were fined, or had a registration or license | ||||||
6 | suspended or revoked, or (ii) managed or served on the | ||||||
7 | board of a business or non-profit organization that pled | ||||||
8 | guilty, was convicted, was fined, or had a registration or | ||||||
9 | license suspended or revoked; | ||||||
10 | (6) proposed operating bylaws that include procedures | ||||||
11 | for the oversight of the cultivation center, including the | ||||||
12 | development and implementation of a plant monitoring | ||||||
13 | system, accurate recordkeeping, staffing plan, and | ||||||
14 | security plan approved by the Illinois State Police that | ||||||
15 | are in accordance with the rules issued by the Department | ||||||
16 | of Agriculture under this Act. A physical inventory shall | ||||||
17 | be performed of all plants and cannabis on a weekly basis | ||||||
18 | by the cultivation center; | ||||||
19 | (7) verification from the Illinois State Police that | ||||||
20 | all background checks of the prospective principal | ||||||
21 | officers, board members, and agents of the cannabis | ||||||
22 | business establishment have been conducted; | ||||||
23 | (8) a copy of the current local zoning ordinance or | ||||||
24 | permit and verification that the proposed cultivation | ||||||
25 | center is in compliance with the local zoning rules and | ||||||
26 | distance limitations established by the local |
| |||||||
| |||||||
1 | jurisdiction; | ||||||
2 | (9) proposed employment practices, in which the | ||||||
3 | applicant must demonstrate a plan of action to inform, | ||||||
4 | hire, and educate minorities, women, veterans, and persons | ||||||
5 | with disabilities, engage in fair labor practices, and | ||||||
6 | provide worker protections; | ||||||
7 | (10) whether an applicant can demonstrate experience | ||||||
8 | in or business practices that promote economic empowerment | ||||||
9 | in Disproportionately Impacted Areas; | ||||||
10 | (11) experience with the cultivation of agricultural | ||||||
11 | or horticultural products, operating an agriculturally | ||||||
12 | related business, or operating a horticultural business; | ||||||
13 | (12) a description of the enclosed, locked facility | ||||||
14 | where cannabis will be grown, harvested, manufactured, | ||||||
15 | processed, packaged, or otherwise prepared for | ||||||
16 | distribution to a dispensing organization; | ||||||
17 | (13) a survey of the enclosed, locked facility, | ||||||
18 | including the space used for cultivation; | ||||||
19 | (14) cultivation, processing, inventory, and packaging | ||||||
20 | plans; | ||||||
21 | (15) a description of the applicant's experience with | ||||||
22 | agricultural cultivation techniques and industry | ||||||
23 | standards; | ||||||
24 | (16) a list of any academic degrees, certifications, | ||||||
25 | or relevant experience of all prospective principal | ||||||
26 | officers, board members, and agents of the related |
| |||||||
| |||||||
1 | business; | ||||||
2 | (17) the identity of every person having a financial | ||||||
3 | or voting interest of 5% or greater in the cultivation | ||||||
4 | center operation with respect to which the license is | ||||||
5 | sought, whether a trust, corporation, partnership, limited | ||||||
6 | liability company, or sole proprietorship, including the | ||||||
7 | name and address of each person; | ||||||
8 | (18) a plan describing how the cultivation center will | ||||||
9 | address each of the following: | ||||||
10 | (i) energy needs, including estimates of monthly | ||||||
11 | electricity and gas usage, to what extent it will | ||||||
12 | procure energy from a local utility or from on-site | ||||||
13 | generation, and if it has or will adopt a sustainable | ||||||
14 | energy use and energy conservation policy; | ||||||
15 | (ii) water needs, including estimated water draw | ||||||
16 | and if it has or will adopt a sustainable water use and | ||||||
17 | water conservation policy; and | ||||||
18 | (iii) waste management, including if it has or | ||||||
19 | will adopt a waste reduction policy; | ||||||
20 | (19) a diversity plan that includes a narrative of not | ||||||
21 | more than 2,500 words that establishes a goal of diversity | ||||||
22 | in ownership, management, employment, and contracting to | ||||||
23 | ensure that diverse participants and groups are afforded | ||||||
24 | equality of opportunity; | ||||||
25 | (20) any other information required by rule; | ||||||
26 | (21) a recycling plan: |
| |||||||
| |||||||
1 | (A) Purchaser packaging, including cartridges, | ||||||
2 | shall be accepted by the applicant and recycled. | ||||||
3 | (B) Any recyclable waste generated by the cannabis | ||||||
4 | cultivation facility shall be recycled per applicable | ||||||
5 | State and local laws, ordinances, and rules. | ||||||
6 | (C) Any cannabis waste, liquid waste, or hazardous | ||||||
7 | waste shall be disposed of in accordance with 8 Ill. | ||||||
8 | Adm. Code 1000.460, except, to the greatest extent | ||||||
9 | feasible, all cannabis plant waste will be rendered | ||||||
10 | unusable by grinding and incorporating the cannabis | ||||||
11 | plant waste with compostable mixed waste to be | ||||||
12 | disposed of in accordance with 8 Ill. Adm. Code | ||||||
13 | 1000.460(g)(1); | ||||||
14 | (22) commitment to comply with local waste provisions: | ||||||
15 | a cultivation facility must remain in compliance with | ||||||
16 | applicable State and federal environmental requirements, | ||||||
17 | including, but not limited to: | ||||||
18 | (A) storing, securing, and managing all | ||||||
19 | recyclables and waste, including organic waste | ||||||
20 | composed of or containing finished cannabis and | ||||||
21 | cannabis products, in accordance with applicable State | ||||||
22 | and local laws, ordinances, and rules; and | ||||||
23 | (B) disposing liquid waste containing cannabis or | ||||||
24 | byproducts of cannabis processing in compliance with | ||||||
25 | all applicable State and federal requirements, | ||||||
26 | including, but not limited to, the cannabis |
| |||||||
| |||||||
1 | cultivation facility's permits under Title X of the | ||||||
2 | Environmental Protection Act; and | ||||||
3 | (23) a commitment to a technology standard for | ||||||
4 | resource efficiency of the cultivation center facility. | ||||||
5 | (A) A cannabis cultivation facility commits to use | ||||||
6 | resources efficiently, including energy and water. For | ||||||
7 | the following, a cannabis cultivation facility commits | ||||||
8 | to meet or exceed the technology standard identified | ||||||
9 | in items (i), (ii), (iii), and (iv), which may be | ||||||
10 | modified by rule: | ||||||
11 | (i) lighting systems, including light bulbs; | ||||||
12 | (ii) HVAC system; | ||||||
13 | (iii) water application system to the crop; | ||||||
14 | and | ||||||
15 | (iv) filtration system for removing | ||||||
16 | contaminants from wastewater. | ||||||
17 | (B) Lighting. The Lighting Power Densities (LPD) | ||||||
18 | for cultivation space commits to not exceed an average | ||||||
19 | of 36 watts per gross square foot of active and growing | ||||||
20 | space canopy, or all installed lighting technology | ||||||
21 | shall meet a photosynthetic photon efficacy (PPE) of | ||||||
22 | no less than 2.2 micromoles per joule fixture and | ||||||
23 | shall be featured on the DesignLights Consortium (DLC) | ||||||
24 | Horticultural Specification Qualified Products List | ||||||
25 | (QPL). In the event that DLC requirement for minimum | ||||||
26 | efficacy exceeds 2.2 micromoles per joule fixture, |
| |||||||
| |||||||
1 | that PPE shall become the new standard. | ||||||
2 | (C) HVAC. (i) For cannabis grow operations with | ||||||
3 | less than 6,000 square feet of canopy, the licensee | ||||||
4 | commits that all HVAC units will be high-efficiency | ||||||
5 | ductless split HVAC units, or other more energy | ||||||
6 | efficient equipment. (ii) For cannabis grow operations | ||||||
7 | with 6,000 square feet of canopy or more , the licensee | ||||||
8 | commits that all HVAC units will be variable | ||||||
9 | refrigerant flow HVAC units, or other more energy | ||||||
10 | efficient equipment. | ||||||
11 | (D) Water application. | ||||||
12 | (i) The cannabis cultivation facility commits | ||||||
13 | to use automated watering systems, including, but | ||||||
14 | not limited to, drip irrigation and flood tables, | ||||||
15 | to irrigate cannabis crop. | ||||||
16 | (ii) The cannabis cultivation facility commits | ||||||
17 | to measure runoff from watering events and report | ||||||
18 | this volume in its water usage plan, and that on | ||||||
19 | average, watering events shall have no more than | ||||||
20 | 20% of runoff of water. | ||||||
21 | (E) Filtration. The cultivator commits that HVAC | ||||||
22 | condensate, dehumidification water, excess runoff, and | ||||||
23 | other wastewater produced by the cannabis cultivation | ||||||
24 | facility shall be captured and filtered to the best of | ||||||
25 | the facility's ability to achieve the quality needed | ||||||
26 | to be reused in subsequent watering rounds. |
| |||||||
| |||||||
1 | (F) Reporting energy use and efficiency as | ||||||
2 | required by rule. | ||||||
3 | (b) Applicants must submit all required information, | ||||||
4 | including the information required in Section 20-10, to the | ||||||
5 | Department of Agriculture. Failure by an applicant to submit | ||||||
6 | all required information may result in the application being | ||||||
7 | disqualified. | ||||||
8 | (c) If the Department of Agriculture receives an | ||||||
9 | application with missing information, the Department of | ||||||
10 | Agriculture may issue a deficiency notice to the applicant. | ||||||
11 | The applicant shall have 10 calendar days from the date of the | ||||||
12 | deficiency notice to resubmit the incomplete information. | ||||||
13 | Applications that are still incomplete after this opportunity | ||||||
14 | to cure will not be scored and will be disqualified. | ||||||
15 | (e) A cultivation center that is awarded a Conditional | ||||||
16 | Adult Use Cultivation Center License pursuant to the criteria | ||||||
17 | in Section 20-20 shall not grow, purchase, possess, or sell | ||||||
18 | cannabis or cannabis-infused products until the person has | ||||||
19 | received an Adult Use Cultivation Center License issued by the | ||||||
20 | Department of Agriculture pursuant to Section 20-21 of this | ||||||
21 | Act.
| ||||||
22 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; | ||||||
23 | 102-538, eff. 8-20-21.) | ||||||
24 | (410 ILCS 705/20-30)
| ||||||
25 | Sec. 20-30. Cultivation center requirements; prohibitions. |
| |||||||
| |||||||
1 | (a) The operating documents of a cultivation center shall | ||||||
2 | include procedures for the oversight of the cultivation | ||||||
3 | center, a cannabis plant monitoring system including a | ||||||
4 | physical inventory recorded weekly, accurate recordkeeping, | ||||||
5 | and a staffing plan. | ||||||
6 | (b) A cultivation center shall implement a security plan | ||||||
7 | reviewed by the Illinois State Police that includes, but is | ||||||
8 | not limited to: facility access controls, perimeter intrusion | ||||||
9 | detection systems, personnel identification systems, 24-hour | ||||||
10 | surveillance system to monitor the interior and exterior of | ||||||
11 | the cultivation center facility and accessibility to | ||||||
12 | authorized law enforcement, the Department of Public Health | ||||||
13 | where processing takes place, and the Department of | ||||||
14 | Agriculture in real time. | ||||||
15 | (c) All cultivation of cannabis by a cultivation center | ||||||
16 | must take place in an enclosed, locked facility at the | ||||||
17 | physical address provided to the Department of Agriculture | ||||||
18 | during the licensing process. The cultivation center location | ||||||
19 | shall only be accessed by the agents working for the | ||||||
20 | cultivation center, the Department of Agriculture staff | ||||||
21 | performing inspections, the Department of Public Health staff | ||||||
22 | performing inspections, local and State law enforcement or | ||||||
23 | other emergency personnel, contractors working on jobs | ||||||
24 | unrelated to cannabis, such as installing or maintaining | ||||||
25 | security devices or performing electrical wiring, transporting | ||||||
26 | organization agents as provided in this Act, individuals in a |
| |||||||
| |||||||
1 | mentoring or educational program approved by the State, or | ||||||
2 | other individuals as provided by rule. | ||||||
3 | (d) A cultivation center may not sell or distribute any | ||||||
4 | cannabis or cannabis-infused products to any person other than | ||||||
5 | a dispensing organization, craft grower, infuser organization, | ||||||
6 | transporter, or as otherwise authorized by rule. | ||||||
7 | (e) A cultivation center may not either directly or | ||||||
8 | indirectly discriminate in price between different dispensing | ||||||
9 | organizations, craft growers, or infuser organizations that | ||||||
10 | are purchasing a like grade, strain, brand, and quality of | ||||||
11 | cannabis or cannabis-infused product. Nothing in this | ||||||
12 | subsection (e) prevents a cultivation center from pricing | ||||||
13 | cannabis differently based on differences in the cost of | ||||||
14 | manufacturing or processing, the quantities sold, such as | ||||||
15 | volume discounts, or the way the products are delivered. | ||||||
16 | (f) All cannabis harvested by a cultivation center and | ||||||
17 | intended for distribution to a dispensing organization must be | ||||||
18 | entered into a data collection system, packaged and labeled | ||||||
19 | under Section 55-21, and placed into a cannabis container for | ||||||
20 | transport. All cannabis harvested by a cultivation center and | ||||||
21 | intended for distribution to a craft grower or infuser | ||||||
22 | organization must be packaged in a labeled cannabis container | ||||||
23 | and entered into a data collection system before transport. | ||||||
24 | (g) Cultivation centers are subject to random inspections | ||||||
25 | by the Department of Agriculture, the Department of Public | ||||||
26 | Health, local safety or health inspectors, the Illinois State |
| |||||||
| |||||||
1 | Police, or as provided by rule. | ||||||
2 | (h) A cultivation center agent shall notify local law | ||||||
3 | enforcement, the Illinois State Police, and the Department of | ||||||
4 | Agriculture within 24 hours of the discovery of any loss or | ||||||
5 | theft. Notification shall be made by phone or in person, or by | ||||||
6 | written or electronic communication. | ||||||
7 | (i) A cultivation center shall comply with all State and | ||||||
8 | any applicable federal rules and regulations regarding the use | ||||||
9 | of pesticides on cannabis plants. The Department has the | ||||||
10 | authority to issue policy prohibiting the use of pesticides | ||||||
11 | during flowering stage. | ||||||
12 | (j) No person or entity shall hold any legal, equitable, | ||||||
13 | ownership, or beneficial interest, directly or indirectly, of | ||||||
14 | more than 3 cultivation centers licensed under this Article. | ||||||
15 | Further, no person or entity that is employed by, an agent of, | ||||||
16 | has a contract to receive payment in any form from a | ||||||
17 | cultivation center, is a principal officer of a cultivation | ||||||
18 | center, or entity controlled by or affiliated with a principal | ||||||
19 | officer of a cultivation shall hold any legal, equitable, | ||||||
20 | ownership, or beneficial interest, directly or indirectly, in | ||||||
21 | a cultivation that would result in the person or entity owning | ||||||
22 | or controlling in combination with any cultivation center, | ||||||
23 | principal officer of a cultivation center, or entity | ||||||
24 | controlled or affiliated with a principal officer of a | ||||||
25 | cultivation center by which he, she, or it is employed, is an | ||||||
26 | agent of, or participates in the management of, more than 3 |
| |||||||
| |||||||
1 | cultivation center licenses. | ||||||
2 | (k) A cultivation center may not contain more than 210,000 | ||||||
3 | square feet of canopy space for plants in the flowering stage | ||||||
4 | for cultivation of adult use cannabis as provided in this Act. | ||||||
5 | (l) A cultivation center may process cannabis, cannabis | ||||||
6 | concentrates, and cannabis-infused products. | ||||||
7 | (m) Beginning July 1, 2020, a cultivation center shall not | ||||||
8 | transport cannabis or cannabis-infused products to a craft | ||||||
9 | grower, dispensing organization, infuser organization, or | ||||||
10 | laboratory licensed under this Act, unless it has obtained a | ||||||
11 | transporting organization license. | ||||||
12 | (n) It is unlawful for any person having a cultivation | ||||||
13 | center license or any officer, associate, member, | ||||||
14 | representative, or agent of such licensee to offer or deliver | ||||||
15 | money, or anything else of value, directly or indirectly to | ||||||
16 | any person having an Early Approval Adult Use Dispensing | ||||||
17 | Organization License, a Conditional Adult Use Dispensing | ||||||
18 | Organization License, an Adult Use Dispensing Organization | ||||||
19 | License, or a medical cannabis dispensing organization license | ||||||
20 | issued under the Compassionate Use of Medical Cannabis Program | ||||||
21 | Act, or to any person connected with or in any way | ||||||
22 | representing, or to any member of the family of, such person | ||||||
23 | holding an Early Approval Adult Use Dispensing Organization | ||||||
24 | License, a Conditional Adult Use Dispensing Organization | ||||||
25 | License, an Adult Use Dispensing Organization License, or a | ||||||
26 | medical cannabis dispensing organization license issued under |
| |||||||
| |||||||
1 | the Compassionate Use of Medical Cannabis Program Act, or to | ||||||
2 | any stockholders in any corporation engaged in the retail sale | ||||||
3 | of cannabis, or to any officer, manager, agent, or | ||||||
4 | representative of the Early Approval Adult Use Dispensing | ||||||
5 | Organization License, a Conditional Adult Use Dispensing | ||||||
6 | Organization License, an Adult Use Dispensing Organization | ||||||
7 | License, or a medical cannabis dispensing organization license | ||||||
8 | issued under the Compassionate Use of Medical Cannabis Program | ||||||
9 | Act to obtain preferential placement within the dispensing | ||||||
10 | organization, including, without limitation, on shelves and in | ||||||
11 | display cases where purchasers can view products, or on the | ||||||
12 | dispensing organization's website. | ||||||
13 | (o) A cultivation center must comply with any other | ||||||
14 | requirements or prohibitions set by administrative rule of the | ||||||
15 | Department of Agriculture.
| ||||||
16 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; | ||||||
17 | 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff. | ||||||
18 | 5-13-22.) | ||||||
19 | (410 ILCS 705/30-10)
| ||||||
20 | Sec. 30-10. Application. | ||||||
21 | (a) When applying for a license, the applicant shall | ||||||
22 | electronically submit the following in such form as the | ||||||
23 | Department of Agriculture may direct: | ||||||
24 | (1) the nonrefundable application fee of $5,000 to be | ||||||
25 | deposited into the Cannabis Regulation Fund, or another |
| |||||||
| |||||||
1 | amount as the Department of Agriculture may set by rule | ||||||
2 | after January 1, 2021; | ||||||
3 | (2) the legal name of the craft grower; | ||||||
4 | (3) the proposed physical address of the craft grower; | ||||||
5 | (4) the name, address, social security number, and | ||||||
6 | date of birth of each principal officer and board member | ||||||
7 | of the craft grower; each principal officer and board | ||||||
8 | member shall be at least 21 years of age; | ||||||
9 | (5) the details of any administrative or judicial | ||||||
10 | proceeding in which any of the principal officers or board | ||||||
11 | members of the craft grower (i) pled guilty, were | ||||||
12 | convicted, were fined, or had a registration or license | ||||||
13 | suspended or revoked or (ii) managed or served on the | ||||||
14 | board of a business or non-profit organization that pled | ||||||
15 | guilty, was convicted, was fined, or had a registration or | ||||||
16 | license suspended or revoked; | ||||||
17 | (6) proposed operating bylaws that include procedures | ||||||
18 | for the oversight of the craft grower, including the | ||||||
19 | development and implementation of a plant monitoring | ||||||
20 | system, accurate recordkeeping, staffing plan, and | ||||||
21 | security plan approved by the Illinois State Police that | ||||||
22 | are in accordance with the rules issued by the Department | ||||||
23 | of Agriculture under this Act; a physical inventory shall | ||||||
24 | be performed of all plants and on a weekly basis by the | ||||||
25 | craft grower; | ||||||
26 | (7) verification from the Illinois State Police that |
| |||||||
| |||||||
1 | all background checks of the prospective principal | ||||||
2 | officers, board members, and agents of the cannabis | ||||||
3 | business establishment have been conducted; | ||||||
4 | (8) a copy of the current local zoning ordinance or | ||||||
5 | permit and verification that the proposed craft grower is | ||||||
6 | in compliance with the local zoning rules and distance | ||||||
7 | limitations established by the local jurisdiction; | ||||||
8 | (9) proposed employment practices, in which the | ||||||
9 | applicant must demonstrate a plan of action to inform, | ||||||
10 | hire, and educate minorities, women, veterans, and persons | ||||||
11 | with disabilities, engage in fair labor practices, and | ||||||
12 | provide worker protections; | ||||||
13 | (10) whether an applicant can demonstrate experience | ||||||
14 | in or business practices that promote economic empowerment | ||||||
15 | in Disproportionately Impacted Areas; | ||||||
16 | (11) experience with the cultivation of agricultural | ||||||
17 | or horticultural products, operating an agriculturally | ||||||
18 | related business, or operating a horticultural business; | ||||||
19 | (12) a description of the enclosed, locked facility | ||||||
20 | where cannabis will be grown, harvested, manufactured, | ||||||
21 | packaged, or otherwise prepared for distribution to a | ||||||
22 | dispensing organization or other cannabis business | ||||||
23 | establishment; | ||||||
24 | (13) a survey of the enclosed, locked facility, | ||||||
25 | including the space used for cultivation; | ||||||
26 | (14) cultivation, processing, inventory, and packaging |
| |||||||
| |||||||
1 | plans; | ||||||
2 | (15) a description of the applicant's experience with | ||||||
3 | agricultural cultivation techniques and industry | ||||||
4 | standards; | ||||||
5 | (16) a list of any academic degrees, certifications, | ||||||
6 | or relevant experience of all prospective principal | ||||||
7 | officers, board members, and agents of the related | ||||||
8 | business; | ||||||
9 | (17) the identity of every person having a financial | ||||||
10 | or voting interest of 5% or greater in the craft grower | ||||||
11 | operation, whether a trust, corporation, partnership, | ||||||
12 | limited liability company, or sole proprietorship, | ||||||
13 | including the name and address of each person; | ||||||
14 | (18) a plan describing how the craft grower will | ||||||
15 | address each of the following: | ||||||
16 | (i) energy needs, including estimates of monthly | ||||||
17 | electricity and gas usage, to what extent it will | ||||||
18 | procure energy from a local utility or from on-site | ||||||
19 | generation, and if it has or will adopt a sustainable | ||||||
20 | energy use and energy conservation policy; | ||||||
21 | (ii) water needs, including estimated water draw | ||||||
22 | and if it has or will adopt a sustainable water use and | ||||||
23 | water conservation policy; and | ||||||
24 | (iii) waste management, including if it has or | ||||||
25 | will adopt a waste reduction policy; | ||||||
26 | (19) a recycling plan: |
| |||||||
| |||||||
1 | (A) Purchaser packaging, including cartridges, | ||||||
2 | shall be accepted by the applicant and recycled. | ||||||
3 | (B) Any recyclable waste generated by the craft | ||||||
4 | grower facility shall be recycled per applicable State | ||||||
5 | and local laws, ordinances, and rules. | ||||||
6 | (C) Any cannabis waste, liquid waste, or hazardous | ||||||
7 | waste shall be disposed of in accordance with 8 Ill. | ||||||
8 | Adm. Code 1000.460, except, to the greatest extent | ||||||
9 | feasible, all cannabis plant waste will be rendered | ||||||
10 | unusable by grinding and incorporating the cannabis | ||||||
11 | plant waste with compostable mixed waste to be | ||||||
12 | disposed of in accordance with 8 Ill. Adm. Code | ||||||
13 | 1000.460(g)(1); | ||||||
14 | (20) a commitment to comply with local waste | ||||||
15 | provisions: a craft grower facility must remain in | ||||||
16 | compliance with applicable State and federal environmental | ||||||
17 | requirements, including, but not limited to: | ||||||
18 | (A) storing, securing, and managing all | ||||||
19 | recyclables and waste, including organic waste | ||||||
20 | composed of or containing finished cannabis and | ||||||
21 | cannabis products, in accordance with applicable State | ||||||
22 | and local laws, ordinances, and rules; and | ||||||
23 | (B) disposing liquid waste containing cannabis or | ||||||
24 | byproducts of cannabis processing in compliance with | ||||||
25 | all applicable State and federal requirements, | ||||||
26 | including, but not limited to, the cannabis |
| |||||||
| |||||||
1 | cultivation facility's permits under Title X of the | ||||||
2 | Environmental Protection Act; | ||||||
3 | (21) a commitment to a technology standard for | ||||||
4 | resource efficiency of the craft grower facility. | ||||||
5 | (A) A craft grower facility commits to use | ||||||
6 | resources efficiently, including energy and water. For | ||||||
7 | the following, a cannabis cultivation facility commits | ||||||
8 | to meet or exceed the technology standard identified | ||||||
9 | in paragraphs (i), (ii), (iii), and (iv), which may be | ||||||
10 | modified by rule: | ||||||
11 | (i) lighting systems, including light bulbs; | ||||||
12 | (ii) HVAC system; | ||||||
13 | (iii) water application system to the crop; | ||||||
14 | and | ||||||
15 | (iv) filtration system for removing | ||||||
16 | contaminants from wastewater. | ||||||
17 | (B) Lighting. The Lighting Power Densities (LPD) | ||||||
18 | for cultivation space commits to not exceed an average | ||||||
19 | of 36 watts per gross square foot of active and growing | ||||||
20 | space canopy, or all installed lighting technology | ||||||
21 | shall meet a photosynthetic photon efficacy (PPE) of | ||||||
22 | no less than 2.2 micromoles per joule fixture and | ||||||
23 | shall be featured on the DesignLights Consortium (DLC) | ||||||
24 | Horticultural Specification Qualified Products List | ||||||
25 | (QPL). In the event that DLC requirement for minimum | ||||||
26 | efficacy exceeds 2.2 micromoles per joule fixture, |
| |||||||
| |||||||
1 | that PPE shall become the new standard. | ||||||
2 | (C) HVAC. (i) For cannabis grow operations with | ||||||
3 | less than 6,000 square feet of canopy, the licensee | ||||||
4 | commits that all HVAC units will be high-efficiency | ||||||
5 | ductless split HVAC units, or other more energy | ||||||
6 | efficient equipment. (ii) For cannabis grow operations | ||||||
7 | with 6,000 square feet of canopy or more , the licensee | ||||||
8 | commits that all HVAC units will be variable | ||||||
9 | refrigerant flow HVAC units, or other more energy | ||||||
10 | efficient equipment. | ||||||
11 | (D) Water application. | ||||||
12 | (i) The craft grower facility commits to use | ||||||
13 | automated watering systems, including, but not | ||||||
14 | limited to, drip irrigation and flood tables, to | ||||||
15 | irrigate cannabis crop. | ||||||
16 | (ii) The craft grower facility commits to | ||||||
17 | measure runoff from watering events and report | ||||||
18 | this volume in its water usage plan, and that on | ||||||
19 | average, watering events shall have no more than | ||||||
20 | 20% of runoff of water. | ||||||
21 | (E) Filtration. The craft grower commits that HVAC | ||||||
22 | condensate, dehumidification water, excess runoff, and | ||||||
23 | other wastewater produced by the craft grower facility | ||||||
24 | shall be captured and filtered to the best of the | ||||||
25 | facility's ability to achieve the quality needed to be | ||||||
26 | reused in subsequent watering rounds. |
| |||||||
| |||||||
1 | (F) Reporting energy use and efficiency as | ||||||
2 | required by rule; and | ||||||
3 | (22) any other information required by rule. | ||||||
4 | (b) Applicants must submit all required information, | ||||||
5 | including the information required in Section 30-15, to the | ||||||
6 | Department of Agriculture. Failure by an applicant to submit | ||||||
7 | all required information may result in the application being | ||||||
8 | disqualified. | ||||||
9 | (c) If the Department of Agriculture receives an | ||||||
10 | application with missing information, the Department of | ||||||
11 | Agriculture may issue a deficiency notice to the applicant. | ||||||
12 | The applicant shall have 10 calendar days from the date of the | ||||||
13 | deficiency notice to resubmit the incomplete information. | ||||||
14 | Applications that are still incomplete after this opportunity | ||||||
15 | to cure will not be scored and will be disqualified.
| ||||||
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 705/30-30)
| ||||||
19 | Sec. 30-30. Craft grower requirements; prohibitions. | ||||||
20 | (a) The operating documents of a craft grower shall | ||||||
21 | include procedures for the oversight of the craft grower, a | ||||||
22 | cannabis plant monitoring system including a physical | ||||||
23 | inventory recorded weekly, accurate recordkeeping, and a | ||||||
24 | staffing plan. | ||||||
25 | (b) A craft grower shall implement a security plan |
| |||||||
| |||||||
1 | reviewed by the Illinois State Police that includes, but is | ||||||
2 | not limited to: facility access controls, perimeter intrusion | ||||||
3 | detection systems, personnel identification systems, and a | ||||||
4 | 24-hour surveillance system to monitor the interior and | ||||||
5 | exterior of the craft grower facility and that is accessible | ||||||
6 | to authorized law enforcement and the Department of | ||||||
7 | Agriculture in real time. | ||||||
8 | (c) All cultivation of cannabis by a craft grower must | ||||||
9 | take place in an enclosed, locked facility at the physical | ||||||
10 | address provided to the Department of Agriculture during the | ||||||
11 | licensing process. The craft grower location shall only be | ||||||
12 | accessed by the agents working for the craft grower, the | ||||||
13 | Department of Agriculture staff performing inspections, the | ||||||
14 | Department of Public Health staff performing inspections, | ||||||
15 | State and local law enforcement or other emergency personnel, | ||||||
16 | contractors working on jobs unrelated to cannabis, such as | ||||||
17 | installing or maintaining security devices or performing | ||||||
18 | electrical wiring, transporting organization agents as | ||||||
19 | provided in this Act, or participants in the incubator | ||||||
20 | program, individuals in a mentoring or educational program | ||||||
21 | approved by the State, or other individuals as provided by | ||||||
22 | rule. However, if a craft grower shares a premises with an | ||||||
23 | infuser or dispensing organization, agents from those other | ||||||
24 | licensees may access the craft grower portion of the premises | ||||||
25 | if that is the location of common bathrooms, lunchrooms, | ||||||
26 | locker rooms, or other areas of the building where work or |
| |||||||
| |||||||
1 | cultivation of cannabis is not performed. At no time may an | ||||||
2 | infuser or dispensing organization agent perform work at a | ||||||
3 | craft grower without being a registered agent of the craft | ||||||
4 | grower. | ||||||
5 | (d) A craft grower may not sell or distribute any cannabis | ||||||
6 | to any person other than a cultivation center, a craft grower, | ||||||
7 | an infuser organization, a dispensing organization, or as | ||||||
8 | otherwise authorized by rule. | ||||||
9 | (e) A craft grower may not be located in an area zoned for | ||||||
10 | residential use. | ||||||
11 | (f) A craft grower may not either directly or indirectly | ||||||
12 | discriminate in price between different cannabis business | ||||||
13 | establishments that are purchasing a like grade, strain, | ||||||
14 | brand, and quality of cannabis or cannabis-infused product. | ||||||
15 | Nothing in this subsection (f) prevents a craft grower from | ||||||
16 | pricing cannabis differently based on differences in the cost | ||||||
17 | of manufacturing or processing, the quantities sold, such as | ||||||
18 | volume discounts, or the way the products are delivered. | ||||||
19 | (g) All cannabis harvested by a craft grower and intended | ||||||
20 | for distribution to a dispensing organization must be entered | ||||||
21 | into a data collection system, packaged and labeled under | ||||||
22 | Section 55-21, and, if distribution is to a dispensing | ||||||
23 | organization that does not share a premises with the | ||||||
24 | dispensing organization receiving the cannabis, placed into a | ||||||
25 | cannabis container for transport. All cannabis harvested by a | ||||||
26 | craft grower and intended for distribution to a cultivation |
| |||||||
| |||||||
1 | center, to an infuser organization, or to a craft grower with | ||||||
2 | which it does not share a premises, must be packaged in a | ||||||
3 | labeled cannabis container and entered into a data collection | ||||||
4 | system before transport. | ||||||
5 | (h) Craft growers are subject to random inspections by the | ||||||
6 | Department of Agriculture, local safety or health inspectors, | ||||||
7 | the Illinois State Police, or as provided by rule. | ||||||
8 | (i) A craft grower agent shall notify local law | ||||||
9 | enforcement, the Illinois State Police, and the Department of | ||||||
10 | Agriculture within 24 hours of the discovery of any loss or | ||||||
11 | theft. Notification shall be made by phone, in person, or | ||||||
12 | written or electronic communication. | ||||||
13 | (j) A craft grower shall comply with all State and any | ||||||
14 | applicable federal rules and regulations regarding the use of | ||||||
15 | pesticides. The Department has the authority to issue policy | ||||||
16 | prohibiting the use of pesticides during flowering stage. | ||||||
17 | (k) A craft grower or craft grower agent shall not | ||||||
18 | transport cannabis or cannabis-infused products to any other | ||||||
19 | cannabis business establishment without a transport | ||||||
20 | organization license unless: | ||||||
21 | (i) If the craft grower is located in a county with a | ||||||
22 | population of 3,000,000 or more, the cannabis business | ||||||
23 | establishment receiving the cannabis is within 2,000 feet | ||||||
24 | of the property line of the craft grower; | ||||||
25 | (ii) If the craft grower is located in a county with a | ||||||
26 | population of more than 700,000 but fewer than 3,000,000, |
| |||||||
| |||||||
1 | the cannabis business establishment receiving the cannabis | ||||||
2 | is within 2 miles of the craft grower; or | ||||||
3 | (iii) If the craft grower is located in a county with a | ||||||
4 | population of fewer than 700,000, the cannabis business | ||||||
5 | establishment receiving the cannabis is within 15 miles of | ||||||
6 | the craft grower. | ||||||
7 | (l) A craft grower may enter into a contract with a | ||||||
8 | transporting organization to transport cannabis to a | ||||||
9 | cultivation center, a craft grower, an infuser organization, a | ||||||
10 | dispensing organization, or a laboratory. | ||||||
11 | (m) No person or entity shall hold any legal, equitable, | ||||||
12 | ownership, or beneficial interest, directly or indirectly, of | ||||||
13 | more than 3 craft grower licenses. Further, no person or | ||||||
14 | entity that is employed by, an agent of, or has a contract to | ||||||
15 | receive payment from or participate in the management of a | ||||||
16 | craft grower, is a principal officer of a craft grower, or | ||||||
17 | entity controlled by or affiliated with a principal officer of | ||||||
18 | a craft grower shall hold any legal, equitable, ownership, or | ||||||
19 | beneficial interest, directly or indirectly, in a craft grower | ||||||
20 | license that would result in the person or entity owning or | ||||||
21 | controlling in combination with any craft grower, principal | ||||||
22 | officer of a craft grower, or entity controlled or affiliated | ||||||
23 | with a principal officer of a craft grower by which he, she, or | ||||||
24 | it is employed, is an agent of, or participates in the | ||||||
25 | management of more than 3 craft grower licenses. | ||||||
26 | (n) It is unlawful for any person having a craft grower |
| |||||||
| |||||||
1 | license or any officer, associate, member, representative, or | ||||||
2 | agent of the licensee to offer or deliver money, or anything | ||||||
3 | else of value, directly or indirectly, to any person having an | ||||||
4 | Early Approval Adult Use Dispensing Organization License, a | ||||||
5 | Conditional Adult Use Dispensing Organization License, an | ||||||
6 | Adult Use Dispensing Organization License, or a medical | ||||||
7 | cannabis dispensing organization license issued under the | ||||||
8 | Compassionate Use of Medical Cannabis Program Act, or to any | ||||||
9 | person connected with or in any way representing, or to any | ||||||
10 | member of the family of, the person holding an Early Approval | ||||||
11 | Adult Use Dispensing Organization License, a Conditional Adult | ||||||
12 | Use Dispensing Organization License, an Adult Use Dispensing | ||||||
13 | Organization License, or a medical cannabis dispensing | ||||||
14 | organization license issued under the Compassionate Use of | ||||||
15 | Medical Cannabis Program Act, or to any stockholders in any | ||||||
16 | corporation engaged in the retail sale of cannabis, or to any | ||||||
17 | officer, manager, agent, or representative of the Early | ||||||
18 | Approval Adult Use Dispensing Organization License, a | ||||||
19 | Conditional Adult Use Dispensing Organization License, an | ||||||
20 | Adult Use Dispensing Organization License, or a medical | ||||||
21 | cannabis dispensing organization license issued under the | ||||||
22 | Compassionate Use of Medical Cannabis Program Act to obtain | ||||||
23 | preferential placement within the dispensing organization, | ||||||
24 | including, without limitation, on shelves and in display cases | ||||||
25 | where purchasers can view products, or on the dispensing | ||||||
26 | organization's website. |
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1 | (o) A craft grower shall not be located within 1,500 feet | ||||||
2 | of another craft grower or a cultivation center. | ||||||
3 | (p) A craft grower may process cannabis, cannabis | ||||||
4 | concentrates, and cannabis-infused products. | ||||||
5 | (q) A craft grower must comply with any other requirements | ||||||
6 | or prohibitions set by administrative rule of the Department | ||||||
7 | of Agriculture.
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8 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; | ||||||
9 | 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff. | ||||||
10 | 5-13-22.) | ||||||
11 | (410 ILCS 705/50-5)
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12 | Sec. 50-5. Laboratory testing. | ||||||
13 | (a) Notwithstanding any other provision of law, the | ||||||
14 | following acts, when performed by a licensed cannabis testing | ||||||
15 | facility with a current, valid license registration , or a | ||||||
16 | person 21 years of age or older who is acting in his or her | ||||||
17 | capacity as an owner, employee, or agent of a cannabis testing | ||||||
18 | facility, are not unlawful and shall not be an offense under | ||||||
19 | Illinois law or be a basis for seizure or forfeiture of assets | ||||||
20 | under Illinois law: | ||||||
21 | (1) possessing, repackaging, transporting, storing, or | ||||||
22 | displaying cannabis or cannabis-infused products; | ||||||
23 | (2) receiving or transporting cannabis or | ||||||
24 | cannabis-infused products from a cannabis business | ||||||
25 | establishment, a community college licensed under the |
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1 | Community College Cannabis Vocational Training Pilot | ||||||
2 | Program, or a person 21 years of age or older; and | ||||||
3 | (3) returning or transporting cannabis or | ||||||
4 | cannabis-infused products to a cannabis business | ||||||
5 | establishment, a community college licensed under the | ||||||
6 | Community College Cannabis Vocational Training Pilot | ||||||
7 | Program, or a person 21 years of age or older. | ||||||
8 | (b)(1) No laboratory shall handle, test, or analyze | ||||||
9 | cannabis unless approved by the Department of Agriculture in | ||||||
10 | accordance with this Section. | ||||||
11 | (2) No laboratory shall be approved to handle, test, or | ||||||
12 | analyze cannabis unless the laboratory: | ||||||
13 | (A) is accredited by a private laboratory accrediting | ||||||
14 | organization; | ||||||
15 | (B) is independent from all other persons involved in | ||||||
16 | the cannabis industry in Illinois and no person with a | ||||||
17 | direct or indirect interest in the laboratory has a direct | ||||||
18 | or indirect financial, management, or other interest in an | ||||||
19 | Illinois cultivation center, craft grower, dispensary, | ||||||
20 | infuser, transporter, certifying physician, or any other | ||||||
21 | entity in the State that may benefit from the production, | ||||||
22 | manufacture, dispensing, sale, purchase, or use of | ||||||
23 | cannabis; and | ||||||
24 | (C) has employed at least one person to oversee and be | ||||||
25 | responsible for the laboratory testing who has earned, | ||||||
26 | from a college or university accredited by a national or |
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1 | regional certifying authority, at least: | ||||||
2 | (i) a master's level degree in chemical or | ||||||
3 | biological sciences and a minimum of 2 years' | ||||||
4 | post-degree laboratory experience; or | ||||||
5 | (ii) a bachelor's degree in chemical or biological | ||||||
6 | sciences and a minimum of 4 years' post-degree | ||||||
7 | laboratory experience. | ||||||
8 | (3) Each independent testing laboratory that claims to be | ||||||
9 | accredited must provide the Department of Agriculture with a | ||||||
10 | copy of the most recent annual inspection report granting | ||||||
11 | accreditation and every annual report thereafter. | ||||||
12 | (c) Immediately before manufacturing or natural processing | ||||||
13 | of any cannabis or cannabis-infused product or packaging | ||||||
14 | cannabis for sale to a dispensary, each batch shall be made | ||||||
15 | available by the cultivation center, craft grower, or infuser | ||||||
16 | for an employee of an approved laboratory to select a random | ||||||
17 | sample, which shall be tested by the approved laboratory for: | ||||||
18 | (1) microbiological contaminants; | ||||||
19 | (2) mycotoxins; | ||||||
20 | (3) pesticide active ingredients; | ||||||
21 | (4) residual solvent; and | ||||||
22 | (5) an active ingredient analysis. | ||||||
23 | (d) The Department of Agriculture may select a random | ||||||
24 | sample that shall, for the purposes of conducting an active | ||||||
25 | ingredient analysis, be tested by the Department of | ||||||
26 | Agriculture for verification of label information. |
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1 | (e) A laboratory shall immediately return or dispose of | ||||||
2 | any cannabis upon the completion of any testing, use, or | ||||||
3 | research. If cannabis is disposed of, it shall be done in | ||||||
4 | compliance with Department of Agriculture rule. | ||||||
5 | (f) If a sample of cannabis does not pass the | ||||||
6 | microbiological, mycotoxin, pesticide chemical residue, or | ||||||
7 | solvent residue test, based on the standards established by | ||||||
8 | the Department of Agriculture, the following shall apply: | ||||||
9 | (1) If the sample failed the pesticide chemical | ||||||
10 | residue test, the entire batch from which the sample was | ||||||
11 | taken shall, if applicable, be recalled as provided by | ||||||
12 | rule. | ||||||
13 | (2) If the sample failed any other test, the batch may | ||||||
14 | be used to make a CO 2 -based or solvent based extract. After | ||||||
15 | processing, the CO 2 -based or solvent based extract must | ||||||
16 | still pass all required tests. | ||||||
17 | (g) The Department of Agriculture shall establish | ||||||
18 | standards for microbial, mycotoxin, pesticide residue, solvent | ||||||
19 | residue, or other standards for the presence of possible | ||||||
20 | contaminants, in addition to labeling requirements for | ||||||
21 | contents and potency. | ||||||
22 | (h) The laboratory shall file with the Department of | ||||||
23 | Agriculture an electronic copy of each laboratory test result | ||||||
24 | for any batch that does not pass the microbiological, | ||||||
25 | mycotoxin, or pesticide chemical residue test, at the same | ||||||
26 | time that it transmits those results to the cultivation |
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1 | center. In addition, the laboratory shall maintain the | ||||||
2 | laboratory test results for at least 5 years and make them | ||||||
3 | available at the Department of Agriculture's request. | ||||||
4 | (i) A cultivation center, craft grower, and infuser shall | ||||||
5 | provide to a dispensing organization the laboratory test | ||||||
6 | results for each batch of cannabis product purchased by the | ||||||
7 | dispensing organization, if sampled. Each dispensing | ||||||
8 | organization must have those laboratory results available upon | ||||||
9 | request to purchasers. | ||||||
10 | (j) The Department of Agriculture may adopt rules related | ||||||
11 | to testing in furtherance of this Act.
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12 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) | ||||||
13 | (410 ILCS 705/55-30)
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14 | Sec. 55-30. Confidentiality. | ||||||
15 | (a) Information provided by the cannabis business | ||||||
16 | establishment licensees or applicants to the Department of | ||||||
17 | Agriculture, the Department of Public Health, the Department | ||||||
18 | of Financial and Professional Regulation, the Department of | ||||||
19 | Commerce and Economic Opportunity, or other agency shall be | ||||||
20 | limited to information necessary for the purposes of | ||||||
21 | administering this Act. The information is subject to the | ||||||
22 | provisions and limitations contained in the Freedom of | ||||||
23 | Information Act and may be disclosed in accordance with | ||||||
24 | Section 55-65. | ||||||
25 | (b) The following information received and records kept by |
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1 | the Department of Agriculture, the Department of Public | ||||||
2 | Health, the Illinois State Police, and the Department of | ||||||
3 | Financial and Professional Regulation for purposes of | ||||||
4 | administering this Article are subject to all applicable | ||||||
5 | federal privacy laws, are confidential and exempt from | ||||||
6 | disclosure under the Freedom of Information Act, except as | ||||||
7 | provided in this Act, and not subject to disclosure to any | ||||||
8 | individual or public or private entity, except to the | ||||||
9 | Department of Financial and Professional Regulation, the | ||||||
10 | Department of Agriculture, the Department of Public Health, | ||||||
11 | and the Illinois State Police as necessary to perform official | ||||||
12 | duties under this Article and to the Attorney General as | ||||||
13 | necessary to enforce the provisions of this Act. The following | ||||||
14 | information received and kept by the Department of Financial | ||||||
15 | and Professional Regulation or the Department of Agriculture | ||||||
16 | may be disclosed to the Department of Public Health, the | ||||||
17 | Department of Agriculture, the Department of Revenue, the | ||||||
18 | Illinois State Police, or the Attorney General upon proper | ||||||
19 | request: | ||||||
20 | (1) Applications and renewals, their contents, and | ||||||
21 | supporting information submitted by or on behalf of | ||||||
22 | dispensing organizations, cannabis business | ||||||
23 | establishments, or Community College Cannabis Vocational | ||||||
24 | Program licensees, in compliance with this Article, | ||||||
25 | including their physical addresses , including copies of | ||||||
26 | licenses and other communications and documents issued to |
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1 | cannabis business establishments by regulating agencies | ||||||
2 | under this Act ; however, this does not preclude the | ||||||
3 | release of ownership information about cannabis business | ||||||
4 | establishment licenses, or information submitted with an | ||||||
5 | application required to be disclosed pursuant to | ||||||
6 | subsection (f); | ||||||
7 | (2) Any plans, procedures, policies, or other records | ||||||
8 | relating to cannabis business establishment security; and | ||||||
9 | (3) Information otherwise exempt from disclosure by | ||||||
10 | State or federal law. | ||||||
11 | Illinois or national criminal history record information, | ||||||
12 | or the nonexistence or lack of such information, may not be | ||||||
13 | disclosed by the Department of Financial and Professional | ||||||
14 | Regulation or the Department of Agriculture, except as | ||||||
15 | necessary to the Attorney General to enforce this Act. | ||||||
16 | (c) The name and address of a dispensing organization | ||||||
17 | licensed under this Act shall be subject to disclosure under | ||||||
18 | the Freedom of Information Act. The name and cannabis business | ||||||
19 | establishment address of the person or entity holding each | ||||||
20 | cannabis business establishment license shall be subject to | ||||||
21 | disclosure. | ||||||
22 | (d) All information collected by the Department of | ||||||
23 | Financial and Professional Regulation or the Department of | ||||||
24 | Agriculture in the course of an examination, inspection, or | ||||||
25 | investigation of a licensee or applicant, including, but not | ||||||
26 | limited to, any complaint against a licensee or applicant |
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1 | filed with the Department of Financial and Professional | ||||||
2 | Regulation or the Department of Agriculture and information | ||||||
3 | collected to investigate any such complaint, shall be | ||||||
4 | maintained for the confidential use of the Department of | ||||||
5 | Financial and Professional Regulation or the Department of | ||||||
6 | Agriculture and shall not be disclosed, except as otherwise | ||||||
7 | provided in this Act. A formal complaint against a licensee by | ||||||
8 | the Department of Financial and Professional Regulation or the | ||||||
9 | Department of Agriculture or any disciplinary order issued by | ||||||
10 | the Department of Financial and Professional Regulation or the | ||||||
11 | Department of Agriculture against a licensee or applicant | ||||||
12 | shall be a public record, except as otherwise provided by law. | ||||||
13 | Complaints from consumers or members of the general public | ||||||
14 | received regarding a specific, named licensee or complaints | ||||||
15 | regarding conduct by unlicensed entities shall be subject to | ||||||
16 | disclosure under the Freedom of Information Act. | ||||||
17 | (e) The Department of Agriculture, the Illinois State | ||||||
18 | Police, and the Department of Financial and Professional | ||||||
19 | Regulation shall not share or disclose any Illinois or | ||||||
20 | national criminal history record information, or the | ||||||
21 | nonexistence or lack of such information, to any person or | ||||||
22 | entity not expressly authorized by this Act. | ||||||
23 | (f) Each Department responsible for licensure under this | ||||||
24 | Act shall publish on the Department's website a list of the | ||||||
25 | ownership information of cannabis business establishment | ||||||
26 | licensees under the Department's jurisdiction. The list shall |
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1 | include, but is not limited to: the name of the person or | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | entity holding each cannabis business establishment license; | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | and the address at which the entity is operating under this | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | Act. This list shall be published and updated monthly.
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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.)
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