Sen. Kimberly A. Lightford

Filed: 5/24/2024

 

 


 

 


 
10300HB4293sam003LRB103 35932 RJT 74139 a

1
AMENDMENT TO HOUSE BILL 4293

2    AMENDMENT NO. ______. Amend House Bill 4293, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 1. Short title. This Act may be cited as the Hemp
6Consumer Products Act.
 
7    Section 5. Definitions. In this Act:
8    "Accreditation body" means an impartial non-profit
9organization that operates in conformance with the
10International Organization for Standardization
11(ISO)/International Electrotechnical Commission (IEC)
12standard 17011 and is a signatory to the International
13Laboratory Accreditation Cooperation (ILAC) Mutual Recognition
14Arrangement (MRA) for Testing.
15    "Artificially derived cannabinoid" means a cannabinoid
16that is created by a chemical or physical reaction that

 

 

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1changes the molecular structure of any chemical substance
2derived from Cannabis sativa.
3    "Department" means the Department of Agriculture.
4    "Director" means the Director of Agriculture.
5    "Hemp cannabinoid" means a naturally occurring
6phytocannabinoid derived from the hemp plant that does not
7have an intoxicating effect on the mind and body, as
8determined by the Department by rule, including:
9        (1) cannabidiol (CBD);
10        (2) cannabichromene (CBC);
11        (3) cannabicitran (CBT);
12        (4) cannabicyclol (CBL);
13        (5) cannabielsoin (CBE);
14        (6) cannabigerol (CBG);
15        (7) cannabidivarin (CBDV); or
16        (8) cannabinol (CBN).
17    "Hemp consumer CBD product" means a product offered for
18sale or distribution that:
19        (1) contains naturally occurring hemp
20    phytocannabinoids;
21        (2) is intended for consumption by any means,
22    including, but not limited to, oral ingestion, inhalation,
23    smoking, or topical absorption;
24        (3) contains a total tetrahydrocannabinol
25    concentration of no greater than:
26            (a) 0.3% for any intermediate or finished plant

 

 

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1        product or material, or any hemp consumer CBD product
2        intended for consumption by inhalation or smoking; or
3            (b) 0.5 milligrams per serving or individual
4        product unit, and 2 milligrams per package for
5        products sold in multiple servings or units, for any
6        beverage, food, oil, ointment, tincture, topical
7        formation, or any other product that is intended for
8        human or animal consumption by means other than
9        inhalation or smoking; and
10        (4) contains a total hemp cannabinoid concentration
11    that is at least 25 times greater than the total
12    tetrahydrocannabinol concentration per serving and per
13    package.
14    "Hemp consumer CBD product registrant" means a person or
15entity that manufactures, processes, packages, handles,
16distributes or otherwise adds value to the hemp consumer CBD
17product, and made the first sale of the hemp consumer CBD
18product in Illinois to an Illinois wholesaler, processor,
19distributor, retailer, or consumer, or as otherwise defined by
20rule. A hemp consumer CBD product registrant is required to
21register hemp consumer CBD products with the Department of
22Agriculture prior to sale of hemp consumer CBD products in
23Illinois.
24    "Hemp consumer products processor" means a person or
25entity located in Illinois licensed to source industrial hemp
26plant material from a licensed state, tribal, or USDA hemp

 

 

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1cultivator, and process, manufacture, and distribute hemp
2products for human or animal consumption.
3    "Hemp-derived intoxicating product" means a beverage,
4food, oil, ointment, tincture, topical formulation, or other
5product intended for human or animal consumption that is
6derived from hemp extract and does not contain more than 5
7milligrams per serving or 10 milligrams per package of delta-9
8THC derived from any naturally occurring cannabinoids found in
9hemp that may only be offered for sale at a dispensing
10organization under the Cannabis Regulation and Tax Act.
11    "Scope of accreditation" means a document issued by an
12accreditation body that attests to a testing laboratory's
13competence to carry out specific testing and analysis.
14    "Synthetic cannabinoid" means a cannabinoid-like compound
15that was produced using chemical synthesis, chemical
16modification, or chemical conversion, including in vitro
17biosynthesis or other bioconversion of such a method.
18"Synthetic cannabinoid" includes cannabinoids converted from
19one chemical structure into another, such as
20tetrahydrocannabinol produced by the conversion of
21cannabidiol.
22    "Testing laboratory" means an independent, third-party
23laboratory approved and registered with the Department that is
24contracted to test hemp consumer CBD products. A testing
25laboratory may include laboratories approved by the Department
26under the Cannabis Regulation and Tax Act or a laboratory

 

 

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1operated by the State.
2    "Tetrahydrocannabinol" or "THC" means any naturally
3occurring or synthetic tetrahydrocannabinol, including its
4salts, isomers, and salts of isomers whenever the existence of
5such salts, isomers, and salts of isomers is possible within
6the specific chemical designation and any preparation,
7mixture, or substance containing, or mixed or infused with,
8any detectable amount of tetrahydrocannabinol or
9tetrahydrocannabolic acid, including, but not limited to,
10delta-8-tetrahydrocannabinol, delta-9-tetrahydrocannabinol,
11delta-10-tetrahydrocannabinol, tetrahydrocannabolic acid,
12tetrahydrocannabipherol, or hexahydrocannabinol, however
13derived, or any other substance determined to have similar
14intoxicating effects on the mind or body by the Department. As
15used in this definition, "isomer" means the optical, position,
16and geometric isomers.
 
17    Section 10. Prohibitions; compliance.
18    (a) Beginning on the effective date of this Act, no
19person, retailer, or entity shall distribute for sale,
20manufacture, sell, offer for sale, market, or advertise any
21hemp product intended for human or animal consumption within
22this State unless the hemp product meets the definition of
23hemp consumer CBD product, is sold by a licensed cannabis
24business establishment under the Cannabis Regulation and Tax
25Act or Compassionate Use of Medical Cannabis Act, or is sold to

 

 

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1or purchased by an industrial hemp processor or hemp consumer
2processor licensee for use in the manufacture of hemp products
3intended for human or animal consumption.
4    (b) Effective July 1, 2025 or upon the first date that a
5hemp consumer CBD product registration application is made
6available by the Department, whichever is sooner, all hemp
7consumer CBD products shall comply with all of the hemp
8consumer CBD product requirements of this Act.
9    (c) A product that has a THC concentration greater than
10the limits set forth for hemp consumer CBD products as defined
11in this Act shall be regulated as cannabis as defined in the
12Cannabis Regulation and Tax Act, whether or not the product is
13made with or derived from hemp, industrial hemp, or derived
14from natural or synthetic sources unless otherwise provided
15under this Act.
16    (d) A product derived from hemp cannabinoids and sold by a
17cannabis business establishment as authorized by the Cannabis
18Regulation and Tax Act shall be cannabis as that term is used
19under the Cannabis Regulation and Tax Act and may only be sold
20by a licensed dispensing organization.
21    (e) Notwithstanding subsection (a), until January 20,
222025, any beverage derived from hemp may be offered for sale or
23sold by (i) a person licensed under the Liquor Control Act as a
24retailer or a manufacturer that has retail privileges whose
25total sales of alcohol equal 90% or more of total sales or (ii)
26an industrial hemp processor or hemp consumer product

 

 

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1processor who also holds retail privileges as a manufacturer
2as provided under the Liquor Control Act. No beverage derived
3from hemp may be given, sold, transferred, or delivered, with
4or without remuneration, to any person under 21 years of age. A
5retailer subject to this subsection (e) shall refuse to sell
6any beverage derived from hemp to any person unless the person
7produces valid identification showing that the person is 21
8years of age or older, which must be verified at the point of
9sale. Any hemp-derived beverages subject to this subsection
10(e) may contain only up to 10 milligrams per individual
11container of delta-9-tetrahydrocannabinol derived from any
12naturally occurring cannabinoids found in hemp.
 
13    Section 15. Hemp consumer product processors; applications
14and licensing.
15    (a) By January 1, 2025, the Department shall create
16applicable rules, guidance, and forms for licensing hemp
17consumer products processors and a process to transition
18industrial hemp processors registered under the Industrial
19Hemp Act that processes or manufactures products derived from
20hemp intended for human or animal consumption to a hemp
21consumer product license.
22    (b) An application for licensure shall be submitted to the
23Department on a form prescribed by the Department, which shall
24include:
25        (1) the name, address, email address, and telephone

 

 

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1    number of the applicant;
2        (2) identification of the facility that will be used
3    for the processing, manufacturing, distribution, or retail
4    sale of hemp, as applicable;
5        (3) a copy of the current local zoning ordinance or
6    permit and verification that the proposed hemp consumer
7    products processor is in compliance with the local zoning
8    rules and distance limitations established by the local
9    jurisdiction for hemp consumer products processing;
10        (4) the federal employer identification number of the
11    applicant;
12        (5) a copy and description of any other license or
13    licenses issued by state or federal authorities related to
14    hemp or cannabis operations or ancillary services;
15        (6) a summary of the sources of industrial processes,
16    hemp materials, hemp consumer CBD products, and hemp
17    extract to be used, as applicable;
18        (7) a description of any other businesses or business
19    activities conducted on the premises to be licensed;
20        (8) identification of the person or persons with the
21    ability to direct the activity of the applicant or
22    licensee, including principals, officers, or others with
23    such control; and
24        (9) any other information required by the Department.
25    (c) The Department may reject or deny an application if it
26determines that the information contained therein does not

 

 

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1meet the requirements or is incomplete, false, inaccurate, or
2omits a material fact.
3    (f) Licenses shall not be transferable or assignable
4without prior written approval of the Department including,
5without limitation, to another licensee.
6    (g) Licenses are valid for a period of one year and must be
7renewed annually at a fee of $5,000 or as otherwise determined
8by rule.
9    (h) The Department may revoke any license issued under
10this Act for failure to adhere to the requirements of this Act
11and the rules adopted by the Department.
 
12    Section 20. Requirements for hemp consumer products
13processor licensees.
14    (a) The Department shall license and regulate hemp
15consumer products processors for the purpose of allowing
16processors to obtain and source lawful industrial hemp and
17hemp plant materials for manufacturing and processing finished
18hemp consumer products in accordance with this Act.
19    (b) All hemp consumer products processors shall:
20        (1) maintain sufficient records to demonstrate that
21    any hemp or hemp extract used by the licensee was grown,
22    derived, extracted, and transported in accordance with
23    applicable laws and licensing requirements of the
24    jurisdiction or jurisdictions from which such hemp or hemp
25    extract was sourced and for hemp received from an

 

 

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1    out-of-state grower, processors shall also maintain
2    records of the out-of-state grower registration or license
3    number in the respective jurisdiction;
4        (4) keep all designated extracting and manufacturing
5    areas safe and sanitary, including, but not limited to,
6    ensuring that those areas are adequately lit, cleaned, and
7    smoke-free;
8        (5) not use, in the extraction or manufacturing of any
9    hemp consumer CBD products, synthetic cannabinoids,
10    artificially derived cannabinoids, or
11    tetrahydrocannabinol created through isomerization; and
12        (6) maintain any and all records required by this Act
13    for at least 3 years and immediately produce such records
14    upon request of the Department.
15    (c) A hemp product processor shall not offer for sale or
16distribution products to a location where prohibited by law or
17to a business that is not permitted to sell products made by
18the licensee.
19    (d) The Department may conduct announced or unannounced
20premises or product inspections, including, but not limited
21to, inspection, audits, sampling, and testing of hemp, hemp
22extract, hemp consumer CBD products, or any solvents,
23chemicals, or materials used by the licensee.
24    (e) A hemp consumer product processor shall comply with
25any other requirements or prohibitions set by administrative
26rule by the Department.
 

 

 

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1    Section 25. Registration of hemp consumer CBD products.
2    (a) Upon the availability of a hemp consumer CBD product
3registration application, all establishments, including
4physical and online establishments, shall register all hemp
5consumer CBD products offered for sale in the State with the
6Department. Hemp consumer CBD products must comply with
7registration requirements under this Act.
8    (b) The Department shall create an online hemp consumer
9CBD product registration application. The Department may
10reject an application if the product hemp consumer CBD product
11does not meet the definition of a hemp consumer CBD product or
12meet any other hemp consumer CBD product requirements under
13this Act or under rules.
14    (c) The product registration application shall include,
15but is not limited to:
16        (1) the name of the hemp consumer CBD product;
17        (2) recently conducted certificate of analysis; and
18        (3) depiction of the label on the hemp consumer CBD
19    product.
20    (d) The Department shall maintain a list of registered
21hemp consumer CBD products on its website.
22    (e) A new registration shall be submitted if there is a
23change to the name, label, recipe, or chemical composition of
24the hemp consumer CBD product.
25    (f) Any registered hemp consumer CBD product offered for

 

 

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1sale in the State may be subject to product inspection and
2sampling by the Department to ensure compliance with the
3registration requirements. Any retailer of a hemp consumer CBD
4product shall provide the Department with a reasonable sample
5upon request not to exceed 2 units per product type.
6    (g) The Department may deregister any registered hemp
7consumer CBD product that is found not to be in compliance with
8the Act. The Department shall maintain a list of hemp consumer
9CBD product that have been deregistered on its website. Retail
10establishments shall have 30 days to remove from sale all hemp
11consumer CBD products that have been deregistered.
12    (h) The Department may prohibit a hemp consumer CBD
13product registrant from registering hemp consumer CBD products
14if the registrant has had 3 hemp consumer CBD products
15deregistered in a one-year period, or as otherwise provided
16for by rule.
17    (i) The Department shall set a fee of $150 and shall be
18deposited into the Industrial Hemp Regulatory Fund. The
19Department may adjust the fee by rule.
20    (j) The Department may promulgate rules regarding the
21registration of hemp consumer CBD products.
22    (k) Retailers or entities that offer for sale products
23that are found to meet the definition of a hemp consumer CBD
24product but are not registered are subject to a $500 fine per
25product.
 

 

 

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1    Section 30. Requirements of hemp consumer CBD products.
2    (a) All hemp consumer CBD products manufactured,
3processed, distributed, sold, or offered for sale in this
4State shall be subject to the following minimum requirements:
5        (1) the hemp consumer CBD product shall:
6            (A) contain naturally occurring hemp
7        phytocannabinoids;
8            (B) be intended for consumption by any means,
9        including, but not limited to, oral ingestion,
10        inhalation, smoking, or topical absorption;
11            (C) contain a total tetrahydrocannabinol
12        concentration of no greater than:
13                (i) 0.3% for any intermediate or finished
14            plant product or material, or any hemp consumer
15            CBD product intended for consumption by inhalation
16            or smoking; or
17                (ii) 0.5 milligrams per serving or individual
18            product unit, and 2 milligrams per package for
19            products sold in multiple servings or units, for
20            any beverage, food, oil, ointment, tincture,
21            topical formation, or any other product that is
22            intended for human or animal consumption by means
23            other than inhalation or smoking;
24            (D) contain an amount of total hemp cannabinoid
25        concentration that is at least 25 times greater than
26        the amount of total tetrahydrocannabinol concentration

 

 

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1        per serving and per package;
2        (2) not contain liquor, wine, beer, or cider or meet
3    the definition of alcoholic liquor under the Liquor
4    Control Act of 1934;
5        (3) not contain tobacco or nicotine in the product;
6        (4) accurately reflect testing results and not contain
7    less than 90% or more than 110% of the concentration of
8    total cannabinoid content as listed on the product label;
9        (5) be prepackaged and not added to food or any other
10    consumable products at the point of sale;
11        (6) comply with product testing standards set forth in
12    this Act; and
13        (7) not contain synthetic cannabinoids, artificially
14    derived cannabinoids.
15    (b) All concentrated hemp consumer CBD products intended
16for inhalation or vaporization shall meet the following
17additional requirements:
18        (1) except for hemp-derived terpenes, excipients and
19    ingredients must be pharmaceutical grade, unless otherwise
20    approved by the Department, and shall not include:
21            (A) synthetic terpenes;
22            (B) polyethylene glycol (PEG);
23            (C) vitamin E acetate;
24            (D) medium chain triglycerides (MCT oil);
25            (E) medicinal compounds;
26            (F) illegal or controlled substances;

 

 

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1            (G) artificial food coloring;
2            (H) benzoic acid;
3            (I) diketones; or
4            (J) any other compound or ingredient as determined
5        by the Department in rules; and
6        (2) not contain any flavors or flavoring agents,
7    except for hemp-derived terpenes;
 
8    Section 35. Packaging and labeling of hemp consumer CBD
9products.
10    (a) All hemp consumer CBD products distributed or offered
11for retail sale in this State shall include the following
12information on the product label or packaging:
13        (2) a list of all ingredients in descending order of
14    predominance by weight in the product;
15        (3) The serving size and number of servings per
16    package or container, including the milligrams per serving
17    of detectable:
18            (A) individual hemp cannabinoids;
19            (B) total hemp cannabinoids;
20            (C) individual THC cannabinoids;
21            (D) total THC;
22            (E) any other cannabinoids;
23            (F) an expiration date;
24            (H) the name of the hemp processor, whether
25        in-state or out-of-state;

 

 

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1            (K) a means for reporting serious adverse events;
2        and
3            (L) any other marking, statement, or symbol
4        required by the Department, by rule.
5    (b) No hemp consumer CBD product offered for retail sale
6shall be made attractive to children, imitate a candy label,
7widely available food label, or use fruit, cartoons, or other
8images popularly used to advertise to children or otherwise be
9marketed to children.
10    (c) No hemp consumer CBD product shall be marketed,
11advertised, or offered for sale in a manner that would cause a
12reasonable consumer:
13        (1) to be confused as to whether the hemp consumer CBD
14    product is trademarked, marked or labeled in a manner that
15    violates any federal trademark law or regulation; or
16        (2) to believe that a hemp consumer CBD product is
17    cannabis, or medical cannabis, or that a licensee is
18    authorized to sell or dispense cannabis or medical
19    cannabis, as those terms are defined in the Cannabis
20    Regulation and Tax Act or the Compassionate Use of Medical
21    Cannabis Program Act.
22    (d) All hemp consumer CBD products offered for retail sale
23shall include the following warnings on the product label or
24packaging, in a manner that is clear and conspicuous:
25        (1) this product must be kept out of the reach of
26    children and pets;

 

 

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1        (2) this product has not been evaluated or approved by
2    the Food and Drug Administration for safety or efficacy;
3        (3) if you are pregnant or nursing you should consult
4    your health care provider before use;
5        (4) for hemp consumer CBD products intended to be
6    inhaled or vaporized, a warning stating that smoking or
7    vaping is hazardous to your health; and
8        (5) any other warning required by the Department.
 
9    Section 40. Laboratory testing requirements for hemp
10consumer CBD products.
11    (a) The Department shall approve hemp consumer CBD product
12testing laboratories to be contracted by licensees under this
13Act for testing of hemp consumer CBD products. All approved
14testing laboratories shall be listed on the Department's
15website. Out-of-state laboratories may be approved by the
16Department.
17    (b) All approved testing laboratories shall meet the
18following minimum requirements:
19        (1) maintain ISO/IEC 17025 accreditation for the
20    physical testing location and for the testing of one or
21    more of the analytes determined by the department;
22        (2) maintain a valid scope of accreditation, issued by
23    an accreditation body, that attests to the laboratory's
24    competence to perform testing of hemp consumer CBD
25    products;

 

 

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1        (3) maintain method validation records for all testing
2    conducted;
3        (4) maintain standard operating procedures for the
4    sampling of hemp consumer CBD products; and
5        (5) maintain testing methodologies to ascertain the
6    presence of synthetic cannabinoids, artificially derived
7    cannabinoids, or cannabinoids created through
8    isomerization, including tetrahydrocannabinol created
9    through isomerization.
10    (c) Hemp cannabinoid products shall not be sold within
11this State if hemp cannabinoid, THC, or other contaminants are
12detected at levels greater than provided for by this Act or
13rules or guidance adopted by the Department.
14    (d) Hemp cannabinoid products shall be considered
15adulterated and shall not be sold within this State if there is
16the presence of synthetic cannabinoids, artificially derived
17cannabinoids, or cannabinoids created through isomerization,
18including tetrahydrocannabinol created through isomerization.
19    (e) The Department may impose additional testing
20requirements, including, but not limited to, testing for
21additional analytes, setting stricter analyte, and mandating
22the use of specific sampling methodologies per lot, analyte
23per process, or batch manufactured.
24    (f) The Department shall make available a list of required
25analytes, their acceptable limits, and approved testing
26methods on the Department's website and in any other manner as

 

 

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1determined by the Department.
2    (g) The total tetrahydrocannabinol concentration for hemp
3consumer CBD products shall not exceed the limits established
4in this Act.
5    (h) If a hemp consumer CBD product fails testing, the
6processor may elect to reformulate the failing batch to reduce
7the total tetrahydrocannabinol of the batch to comply with the
8THC limits established by this Act. If the reformulated batch
9still exceeds the THC limits, the processor shall destroy the
10batch.
11    (i) If a hemp consumer CBD product is found to contain
12levels of any pathogen, toxicant, residual solvent, metal, or
13pesticide not enumerated in this Section or by other State
14law, then the product may not be sold in this State.
 
15    Section 45. Advertising requirements. An advertisement for
16a hemp consumer CBD product shall not:
17        (1) include any false or misleading statements,
18    images, or other content, including, but not limited to,
19    any health claims;
20        (2) contain claims that hemp consumption or a hemp
21    consumer CBD product can, or is intended to, diagnose,
22    cure, mitigate, treat, or prevent disease;
23        (3) lead a reasonable consumer to believe that a hemp
24    consumer CBD product is cannabis or medical cannabis,
25    including any product that exceeds the THC limits

 

 

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1    established under this Act for lawful hemp consumer CBD
2    products, or that a licensee is authorized to sell or
3    dispense cannabis or medical cannabis; or
4        (4) have the purpose or effect of targeting or being
5    attractive to individuals under 21 years of age. The use
6    of images of children or minors consuming hemp consumer
7    CBD products and the use of words, designs, or brands that
8    resemble products commonly associated with children,
9    minors, or marketed to children or minors, is prohibited.
 
10    Section 50. Sale of hemp-derived products to cannabis
11business establishments.
12    (a) A hemp product processor may sell final hemp-derived
13intoxicating products to a craft grower and infuser
14organization licensed under the Cannabis Regulation and Tax
15Act to be sold as a cannabis-infused product to a dispensing
16organization.
17    (b) A hemp-derived intoxicating product may contain up to
185 milligrams per serving and 10 milligrams per package of
19delta-9-tetrahydrocannabinol. A hemp-derived intoxicating
20product may not contain any other form of THC except
21delta-9-tetrahydrocannabinol.
22    (c) A hemp-derived intoxicating product received by a
23craft grower or infuser must comply with all requirements of
24the Cannabis Regulation and Tax Act before sale to a
25dispensing organization.

 

 

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1    (d) The sale of hemp-derived intoxicating product to
2cannabis business establishments shall be subject to any
3requirements and prohibitions set by administrative rule by
4the Department.
5    (e) A hemp-derived intoxicating product, in addition to
6meeting any label requirement of the Cannabis Regulation and
7Tax Act, must indicate on the label that the product was
8derived from hemp.
 
9    Section 55. License suspension; revocation; other
10penalties.
11    (a) Notwithstanding any other criminal penalties related
12to the unlawful possession of cannabis, the Department may
13revoke, suspend, place on probation, reprimand, issue cease
14and desist orders, refuse to issue or renew a license, or take
15any other disciplinary or nondisciplinary action as the
16Department may deem proper with regard to a hemp consumer
17product processor, including fines not to exceed $15,000 for
18each violation of this Act or rules adopted under this Act.
19    (b) The Department, as the case may be, shall consider
20licensee cooperation in any agency or other investigation in
21its determination of penalties imposed under this Section.
22    (c) The procedures for disciplining a hemp consumer
23product processor and for administrative hearings shall be
24determined by rule, and shall provide for the review of final
25decisions under the Administrative Review Law.
 

 

 

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1    Section 60. Administration and enforcement; rules;
2emergency rules; inspections.
3    (a) The Department shall administer and enforce this Act
4and may adopt rules under the Illinois Administrative
5Procedure Act for the purpose of administering and enforcing
6this Act.
7    (b) The Department shall update, through official guidance
8and publish publicly on its website, the cannabinoids that it
9deems tetrahydrocannabinol or THC on or before January 1 and
10July 1 of each calendar year.
11    (c) The Department may develop rules setting forth
12labeling, packaging, and minimum testing requirements of
13cannabinoid products.
14    (d) In order to provide for the expeditious and timely
15implementation of the provisions of this Act, the Department
16may adopt emergency rules in accordance with Section 5-45 of
17the Illinois Administrative Procedure Act to the extent
18necessary to administer the Department's responsibilities
19under this Act. The adoption of emergency rules authorized by
20this subsection (c) is deemed to be necessary for the public
21interest, safety, and welfare to regulate consumer safety over
22hemp consumer CBD products.
23    (e) The Department of Public Health, local health
24departments, the Illinois State Police, local sheriff's
25departments, municipal police departments, and the Department

 

 

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1of Revenue may inspect any business that manufactures,
2processes, or offers for sale cannabinoid products in the
3State if a formal complaint is registered with the appropriate
4agency in order to ensure compliance with this Act. The
5Department may inspect any business that manufactures,
6processes, or offers for sale cannabinoid products in the
7State to ensure compliance with this Act. The Department may
8enter into intergovernmental agreements to enforce this Act
9and any rules adopted under this Act.
 
10    Section 70. Temporary restraining order or injunction. The
11Director, through the Attorney General or any unit of local
12government, may file a complaint and apply to the circuit
13court for, and the court upon hearing and for cause shown may
14grant, a temporary restraining order or a preliminary or
15permanent injunction restraining any person from violating
16this Act.
 
17    Section 800. The Illinois Administrative Procedure Act is
18amended by adding Section 5-45.55 as follows:
 
19    (5 ILCS 100/5-45.55 new)
20    Sec. 5-45.55. Emergency rulemaking; Hemp Consumer Products
21Act. To provide for the expeditious and timely implementation
22of the Hemp Consumer Products Act, emergency rules
23implementing the Hemp Consumer Products Act may be adopted in

 

 

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1accordance with Section 5-45 by the Department of Agriculture.
2The adoption of emergency rules authorized by Section 5-45 and
3this Section is deemed to be necessary for the public
4interest, safety, and welfare.
5    This Section is repealed one year after the effective date
6of this amendatory Act of the 103rd General Assembly.
 
7    Section 805. The Illinois Procurement Code is amended by
8changing Section 1-10 as follows:
 
9    (30 ILCS 500/1-10)
10    Sec. 1-10. Application.
11    (a) This Code applies only to procurements for which
12bidders, offerors, potential contractors, or contractors were
13first solicited on or after July 1, 1998. This Code shall not
14be construed to affect or impair any contract, or any
15provision of a contract, entered into based on a solicitation
16prior to the implementation date of this Code as described in
17Article 99, including, but not limited to, any covenant
18entered into with respect to any revenue bonds or similar
19instruments. All procurements for which contracts are
20solicited between the effective date of Articles 50 and 99 and
21July 1, 1998 shall be substantially in accordance with this
22Code and its intent.
23    (b) This Code shall apply regardless of the source of the
24funds with which the contracts are paid, including federal

 

 

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1assistance moneys. This Code shall not apply to:
2        (1) Contracts between the State and its political
3    subdivisions or other governments, or between State
4    governmental bodies, except as specifically provided in
5    this Code.
6        (2) Grants, except for the filing requirements of
7    Section 20-80.
8        (3) Purchase of care, except as provided in Section
9    5-30.6 of the Illinois Public Aid Code and this Section.
10        (4) Hiring of an individual as an employee and not as
11    an independent contractor, whether pursuant to an
12    employment code or policy or by contract directly with
13    that individual.
14        (5) Collective bargaining contracts.
15        (6) Purchase of real estate, except that notice of
16    this type of contract with a value of more than $25,000
17    must be published in the Procurement Bulletin within 10
18    calendar days after the deed is recorded in the county of
19    jurisdiction. The notice shall identify the real estate
20    purchased, the names of all parties to the contract, the
21    value of the contract, and the effective date of the
22    contract.
23        (7) Contracts necessary to prepare for anticipated
24    litigation, enforcement actions, or investigations,
25    provided that the chief legal counsel to the Governor
26    shall give his or her prior approval when the procuring

 

 

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1    agency is one subject to the jurisdiction of the Governor,
2    and provided that the chief legal counsel of any other
3    procuring entity subject to this Code shall give his or
4    her prior approval when the procuring entity is not one
5    subject to the jurisdiction of the Governor.
6        (8) (Blank).
7        (9) Procurement expenditures by the Illinois
8    Conservation Foundation when only private funds are used.
9        (10) (Blank).
10        (11) Public-private agreements entered into according
11    to the procurement requirements of Section 20 of the
12    Public-Private Partnerships for Transportation Act and
13    design-build agreements entered into according to the
14    procurement requirements of Section 25 of the
15    Public-Private Partnerships for Transportation Act.
16        (12) (A) Contracts for legal, financial, and other
17    professional and artistic services entered into by the
18    Illinois Finance Authority in which the State of Illinois
19    is not obligated. Such contracts shall be awarded through
20    a competitive process authorized by the members of the
21    Illinois Finance Authority and are subject to Sections
22    5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,
23    as well as the final approval by the members of the
24    Illinois Finance Authority of the terms of the contract.
25        (B) Contracts for legal and financial services entered
26    into by the Illinois Housing Development Authority in

 

 

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1    connection with the issuance of bonds in which the State
2    of Illinois is not obligated. Such contracts shall be
3    awarded through a competitive process authorized by the
4    members of the Illinois Housing Development Authority and
5    are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,
6    and 50-37 of this Code, as well as the final approval by
7    the members of the Illinois Housing Development Authority
8    of the terms of the contract.
9        (13) Contracts for services, commodities, and
10    equipment to support the delivery of timely forensic
11    science services in consultation with and subject to the
12    approval of the Chief Procurement Officer as provided in
13    subsection (d) of Section 5-4-3a of the Unified Code of
14    Corrections, except for the requirements of Sections
15    20-60, 20-65, 20-70, and 20-160 and Article 50 of this
16    Code; however, the Chief Procurement Officer may, in
17    writing with justification, waive any certification
18    required under Article 50 of this Code. For any contracts
19    for services which are currently provided by members of a
20    collective bargaining agreement, the applicable terms of
21    the collective bargaining agreement concerning
22    subcontracting shall be followed.
23        On and after January 1, 2019, this paragraph (13),
24    except for this sentence, is inoperative.
25        (14) Contracts for participation expenditures required
26    by a domestic or international trade show or exhibition of

 

 

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1    an exhibitor, member, or sponsor.
2        (15) Contracts with a railroad or utility that
3    requires the State to reimburse the railroad or utilities
4    for the relocation of utilities for construction or other
5    public purpose. Contracts included within this paragraph
6    (15) shall include, but not be limited to, those
7    associated with: relocations, crossings, installations,
8    and maintenance. For the purposes of this paragraph (15),
9    "railroad" means any form of non-highway ground
10    transportation that runs on rails or electromagnetic
11    guideways and "utility" means: (1) public utilities as
12    defined in Section 3-105 of the Public Utilities Act, (2)
13    telecommunications carriers as defined in Section 13-202
14    of the Public Utilities Act, (3) electric cooperatives as
15    defined in Section 3.4 of the Electric Supplier Act, (4)
16    telephone or telecommunications cooperatives as defined in
17    Section 13-212 of the Public Utilities Act, (5) rural
18    water or waste water systems with 10,000 connections or
19    less, (6) a holder as defined in Section 21-201 of the
20    Public Utilities Act, and (7) municipalities owning or
21    operating utility systems consisting of public utilities
22    as that term is defined in Section 11-117-2 of the
23    Illinois Municipal Code.
24        (16) Procurement expenditures necessary for the
25    Department of Public Health to provide the delivery of
26    timely newborn screening services in accordance with the

 

 

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1    Newborn Metabolic Screening Act.
2        (17) Procurement expenditures necessary for the
3    Department of Agriculture, the Department of Financial and
4    Professional Regulation, the Department of Human Services,
5    and the Department of Public Health to implement the
6    Compassionate Use of Medical Cannabis Program and Opioid
7    Alternative Pilot Program requirements and ensure access
8    to medical cannabis for patients with debilitating medical
9    conditions in accordance with the Compassionate Use of
10    Medical Cannabis Program Act.
11        (18) This Code does not apply to any procurements
12    necessary for the Department of Agriculture or , the
13    Department of Financial and Professional Regulation, the
14    Department of Human Services, the Department of Commerce
15    and Economic Opportunity, and the Department of Public
16    Health to implement the Cannabis Regulation and Tax Act
17    and the Department of Agriculture to implement the Hemp
18    Consumer Products Act, if the applicable agency has made a
19    good faith determination that it is necessary and
20    appropriate for the expenditure to fall within this
21    exemption and if the process is conducted in a manner
22    substantially in accordance with the requirements of
23    Sections 20-160, 25-60, 30-22, 50-5, 50-10, 50-10.5,
24    50-12, 50-13, 50-15, 50-20, 50-21, 50-35, 50-36, 50-37,
25    50-38, and 50-50 of this Code; however, for Section 50-35,
26    compliance applies only to contracts or subcontracts over

 

 

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1    $100,000. Notice of each contract entered into under this
2    paragraph (18) that is related to the procurement of goods
3    and services identified in paragraph (1) through (9) of
4    this subsection shall be published in the Procurement
5    Bulletin within 14 calendar days after contract execution.
6    The Chief Procurement Officer shall prescribe the form and
7    content of the notice. Each agency shall provide the Chief
8    Procurement Officer, on a monthly basis, in the form and
9    content prescribed by the Chief Procurement Officer, a
10    report of contracts that are related to the procurement of
11    goods and services identified in this subsection. At a
12    minimum, this report shall include the name of the
13    contractor, a description of the supply or service
14    provided, the total amount of the contract, the term of
15    the contract, and the exception to this Code utilized. A
16    copy of any or all of these contracts shall be made
17    available to the Chief Procurement Officer immediately
18    upon request. The Chief Procurement Officer shall submit a
19    report to the Governor and General Assembly no later than
20    November 1 of each year that includes, at a minimum, an
21    annual summary of the monthly information reported to the
22    Chief Procurement Officer. This exemption becomes
23    inoperative 7 5 years after June 25, 2019 (the effective
24    date of Public Act 101-27).
25        (19) Acquisition of modifications or adjustments,
26    limited to assistive technology devices and assistive

 

 

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1    technology services, adaptive equipment, repairs, and
2    replacement parts to provide reasonable accommodations (i)
3    that enable a qualified applicant with a disability to
4    complete the job application process and be considered for
5    the position such qualified applicant desires, (ii) that
6    modify or adjust the work environment to enable a
7    qualified current employee with a disability to perform
8    the essential functions of the position held by that
9    employee, (iii) to enable a qualified current employee
10    with a disability to enjoy equal benefits and privileges
11    of employment as are enjoyed by other similarly situated
12    employees without disabilities, and (iv) that allow a
13    customer, client, claimant, or member of the public
14    seeking State services full use and enjoyment of and
15    access to its programs, services, or benefits.
16        For purposes of this paragraph (19):
17        "Assistive technology devices" means any item, piece
18    of equipment, or product system, whether acquired
19    commercially off the shelf, modified, or customized, that
20    is used to increase, maintain, or improve functional
21    capabilities of individuals with disabilities.
22        "Assistive technology services" means any service that
23    directly assists an individual with a disability in
24    selection, acquisition, or use of an assistive technology
25    device.
26        "Qualified" has the same meaning and use as provided

 

 

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1    under the federal Americans with Disabilities Act when
2    describing an individual with a disability.
3        (20) Procurement expenditures necessary for the
4    Illinois Commerce Commission to hire third-party
5    facilitators pursuant to Sections 16-105.17 and 16-108.18
6    of the Public Utilities Act or an ombudsman pursuant to
7    Section 16-107.5 of the Public Utilities Act, a
8    facilitator pursuant to Section 16-105.17 of the Public
9    Utilities Act, or a grid auditor pursuant to Section
10    16-105.10 of the Public Utilities Act.
11        (21) Procurement expenditures for the purchase,
12    renewal, and expansion of software, software licenses, or
13    software maintenance agreements that support the efforts
14    of the Illinois State Police to enforce, regulate, and
15    administer the Firearm Owners Identification Card Act, the
16    Firearm Concealed Carry Act, the Firearms Restraining
17    Order Act, the Firearm Dealer License Certification Act,
18    the Law Enforcement Agencies Data System (LEADS), the
19    Uniform Crime Reporting Act, the Criminal Identification
20    Act, the Illinois Uniform Conviction Information Act, and
21    the Gun Trafficking Information Act, or establish or
22    maintain record management systems necessary to conduct
23    human trafficking investigations or gun trafficking or
24    other stolen firearm investigations. This paragraph (21)
25    applies to contracts entered into on or after January 10,
26    2023 (the effective date of Public Act 102-1116) and the

 

 

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1    renewal of contracts that are in effect on January 10,
2    2023 (the effective date of Public Act 102-1116).
3        (22) Contracts for project management services and
4    system integration services required for the completion of
5    the State's enterprise resource planning project. This
6    exemption becomes inoperative 5 years after June 7, 2023
7    (the effective date of the changes made to this Section by
8    Public Act 103-8). This paragraph (22) applies to
9    contracts entered into on or after June 7, 2023 (the
10    effective date of the changes made to this Section by
11    Public Act 103-8) and the renewal of contracts that are in
12    effect on June 7, 2023 (the effective date of the changes
13    made to this Section by Public Act 103-8).
14        (23) Procurements necessary for the Department of
15    Insurance to implement the Illinois Health Benefits
16    Exchange Law if the Department of Insurance has made a
17    good faith determination that it is necessary and
18    appropriate for the expenditure to fall within this
19    exemption. The procurement process shall be conducted in a
20    manner substantially in accordance with the requirements
21    of Sections 20-160 and 25-60 and Article 50 of this Code. A
22    copy of these contracts shall be made available to the
23    Chief Procurement Officer immediately upon request. This
24    paragraph is inoperative 5 years after June 27, 2023 (the
25    effective date of Public Act 103-103).
26        (24) (22) Contracts for public education programming,

 

 

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1    noncommercial sustaining announcements, public service
2    announcements, and public awareness and education
3    messaging with the nonprofit trade associations of the
4    providers of those services that inform the public on
5    immediate and ongoing health and safety risks and hazards.
6    Notwithstanding any other provision of law, for contracts
7with an annual value of more than $100,000 entered into on or
8after October 1, 2017 under an exemption provided in any
9paragraph of this subsection (b), except paragraph (1), (2),
10or (5), each State agency shall post to the appropriate
11procurement bulletin the name of the contractor, a description
12of the supply or service provided, the total amount of the
13contract, the term of the contract, and the exception to the
14Code utilized. The chief procurement officer shall submit a
15report to the Governor and General Assembly no later than
16November 1 of each year that shall include, at a minimum, an
17annual summary of the monthly information reported to the
18chief procurement officer.
19    (c) This Code does not apply to the electric power
20procurement process provided for under Section 1-75 of the
21Illinois Power Agency Act and Section 16-111.5 of the Public
22Utilities Act. This Code does not apply to the procurement of
23technical and policy experts pursuant to Section 1-129 of the
24Illinois Power Agency Act.
25    (d) Except for Section 20-160 and Article 50 of this Code,
26and as expressly required by Section 9.1 of the Illinois

 

 

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1Lottery Law, the provisions of this Code do not apply to the
2procurement process provided for under Section 9.1 of the
3Illinois Lottery Law.
4    (e) This Code does not apply to the process used by the
5Capital Development Board to retain a person or entity to
6assist the Capital Development Board with its duties related
7to the determination of costs of a clean coal SNG brownfield
8facility, as defined by Section 1-10 of the Illinois Power
9Agency Act, as required in subsection (h-3) of Section 9-220
10of the Public Utilities Act, including calculating the range
11of capital costs, the range of operating and maintenance
12costs, or the sequestration costs or monitoring the
13construction of clean coal SNG brownfield facility for the
14full duration of construction.
15    (f) (Blank).
16    (g) (Blank).
17    (h) This Code does not apply to the process to procure or
18contracts entered into in accordance with Sections 11-5.2 and
1911-5.3 of the Illinois Public Aid Code.
20    (i) Each chief procurement officer may access records
21necessary to review whether a contract, purchase, or other
22expenditure is or is not subject to the provisions of this
23Code, unless such records would be subject to attorney-client
24privilege.
25    (j) This Code does not apply to the process used by the
26Capital Development Board to retain an artist or work or works

 

 

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1of art as required in Section 14 of the Capital Development
2Board Act.
3    (k) This Code does not apply to the process to procure
4contracts, or contracts entered into, by the State Board of
5Elections or the State Electoral Board for hearing officers
6appointed pursuant to the Election Code.
7    (l) This Code does not apply to the processes used by the
8Illinois Student Assistance Commission to procure supplies and
9services paid for from the private funds of the Illinois
10Prepaid Tuition Fund. As used in this subsection (l), "private
11funds" means funds derived from deposits paid into the
12Illinois Prepaid Tuition Trust Fund and the earnings thereon.
13    (m) This Code shall apply regardless of the source of
14funds with which contracts are paid, including federal
15assistance moneys. Except as specifically provided in this
16Code, this Code shall not apply to procurement expenditures
17necessary for the Department of Public Health to conduct the
18Healthy Illinois Survey in accordance with Section 2310-431 of
19the Department of Public Health Powers and Duties Law of the
20Civil Administrative Code of Illinois.
21(Source: P.A. 102-175, eff. 7-29-21; 102-483, eff 1-1-22;
22102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, eff.
239-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22;
24102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-103, eff.
256-27-23; 103-570, eff. 1-1-24; 103-580, eff. 12-8-23; revised
261-2-24.)
 

 

 

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1    Section 810. The State Finance Act is amended by changing
2Section 6z-112 as follows:
 
3    (30 ILCS 105/6z-112)
4    Sec. 6z-112. The Cannabis Regulation Fund.
5    (a) There is created the Cannabis Regulation Fund in the
6State treasury, subject to appropriations unless otherwise
7provided in this Section. All moneys collected under the
8Cannabis Regulation and Tax Act shall be deposited into the
9Cannabis Regulation Fund, consisting of taxes, license fees,
10other fees, and any other amounts required to be deposited or
11transferred into the Fund.
12    (b) Whenever the Department of Revenue determines that a
13refund should be made under the Cannabis Regulation and Tax
14Act to a claimant, the Department of Revenue shall submit a
15voucher for payment to the State Comptroller, who shall cause
16the order to be drawn for the amount specified and to the
17person named in the notification from the Department of
18Revenue. This subsection (b) shall constitute an irrevocable
19and continuing appropriation of all amounts necessary for the
20payment of refunds out of the Fund as authorized under this
21subsection (b).
22    (c) On or before the 25th day of each calendar month, the
23Department of Revenue shall prepare and certify to the State
24Comptroller the transfer and allocations of stated sums of

 

 

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1money from the Cannabis Regulation Fund to other named funds
2in the State treasury. The amount subject to transfer shall be
3the amount of the taxes, license fees, other fees, and any
4other amounts paid into the Fund during the second preceding
5calendar month, minus the refunds made under subsection (b)
6during the second preceding calendar month by the Department.
7The transfers shall be certified as follows:
8        (1) The Department of Revenue shall first determine
9    the allocations which shall remain in the Cannabis
10    Regulation Fund, subject to appropriations, to pay for the
11    direct and indirect costs associated with the
12    implementation, administration, and enforcement of the
13    Cannabis Regulation and Tax Act by the Department of
14    Revenue, the Department of State Police, the Department of
15    Financial and Professional Regulation, the Department of
16    Agriculture, the Department of Public Health, the
17    Department of Commerce and Economic Opportunity, and the
18    Illinois Criminal Justice Information Authority, and the
19    Hemp Consumer Products Act by the Department of
20    Agriculture.
21        (2) After the allocations have been made as provided
22    in paragraph (1) of this subsection (c), of the remainder
23    of the amount subject to transfer for the month as
24    determined in this subsection (c), the Department shall
25    certify the transfer into the Cannabis Expungement Fund
26    1/12 of the fiscal year amount appropriated from the

 

 

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1    Cannabis Expungement Fund for payment of costs incurred by
2    State courts, the Attorney General, State's Attorneys,
3    civil legal aid, as defined by Section 15 of the Public
4    Interest Attorney Assistance Act, and the Department of
5    State Police to facilitate petitions for expungement of
6    Minor Cannabis Offenses pursuant to Public Act 101-27, as
7    adjusted by any supplemental appropriation, plus
8    cumulative deficiencies in such transfers for prior
9    months.
10        (3) After the allocations have been made as provided
11    in paragraphs (1) and (2) of this subsection (c), the
12    Department of Revenue shall certify to the State
13    Comptroller and the State Treasurer shall transfer the
14    amounts that the Department of Revenue determines shall be
15    transferred into the following named funds according to
16    the following:
17            (A) 2% shall be transferred to the Drug Treatment
18        Fund to be used by the Department of Human Services
19        for: (i) developing and administering a scientifically
20        and medically accurate public education campaign
21        educating youth and adults about the health and safety
22        risks of alcohol, tobacco, illegal drug use (including
23        prescription drugs), and cannabis, including use by
24        pregnant women; and (ii) data collection and analysis
25        of the public health impacts of legalizing the
26        recreational use of cannabis. Expenditures for these

 

 

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1        purposes shall be subject to appropriations.
2            (B) 8% shall be transferred to the Local
3        Government Distributive Fund and allocated as provided
4        in Section 2 of the State Revenue Sharing Act. The
5        moneys shall be used to fund crime prevention
6        programs, training, and interdiction efforts,
7        including detection, enforcement, and prevention
8        efforts, relating to the illegal cannabis market and
9        driving under the influence of cannabis.
10            (C) 25% shall be transferred to the Criminal
11        Justice Information Projects Fund to be used for the
12        purposes of the Restore, Reinvest, and Renew Program
13        to address economic development, violence prevention
14        services, re-entry services, youth development, and
15        civil legal aid, as defined by Section 15 of the Public
16        Interest Attorney Assistance Act. The Restore,
17        Reinvest, and Renew Program shall address these issues
18        through targeted investments and intervention programs
19        and promotion of an employment infrastructure and
20        capacity building related to the social determinants
21        of health in impacted community areas. Expenditures
22        for these purposes shall be subject to appropriations.
23            (D) 20% shall be transferred to the Department of
24        Human Services Community Services Fund, to be used to
25        address substance abuse and prevention and mental
26        health concerns, including treatment, education, and

 

 

10300HB4293sam003- 41 -LRB103 35932 RJT 74139 a

1        prevention to address the negative impacts of
2        substance abuse and mental health issues, including
3        concentrated poverty, violence, and the historical
4        overuse of criminal justice responses in certain
5        communities, on the individual, family, and community,
6        including federal, State, and local governments,
7        health care institutions and providers, and
8        correctional facilities. Expenditures for these
9        purposes shall be subject to appropriations.
10            (E) 10% shall be transferred to the Budget
11        Stabilization Fund.
12            (F) 35%, or any remaining balance, shall be
13        transferred to the General Revenue Fund.
14    As soon as may be practical, but no later than 10 days
15after receipt, by the State Comptroller of the transfer
16certification provided for in this subsection (c) to be given
17to the State Comptroller by the Department of Revenue, the
18State Comptroller shall direct and the State Treasurer shall
19transfer the respective amounts in accordance with the
20directions contained in such certification.
21    (d) On July 1, 2019 the Department of Revenue shall
22certify to the State Comptroller and the State Treasurer shall
23transfer $5,000,000 from the Compassionate Use of Medical
24Cannabis Fund to the Cannabis Regulation Fund.
25    (e) Notwithstanding any other law to the contrary and
26except as otherwise provided in this Section, this Fund is not

 

 

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1subject to sweeps, administrative charge-backs, or any other
2fiscal or budgetary maneuver that would in any way transfer
3any amounts from this Fund into any other fund of the State.
4    (f) The Cannabis Regulation Fund shall retain a balance of
5$1,000,000 for the purposes of administrative costs.
6    (g) In Fiscal Year 2024 the allocations in subsection (c)
7of this Section shall be reviewed and adjusted if the General
8Assembly finds there is a greater need for funding for a
9specific purpose in the State as it relates to Public Act
10101-27.
11(Source: P.A. 101-27, eff. 6-25-19; 102-558, eff. 8-20-21.)
 
12    Section 815. The Cannabis Regulation and Tax Act is
13amended by changing Sections 1-10, 15-155, 55-35, 60-10,
1460-15, and 60-20 and by adding Sections 20-60, 30-30, 35-25,
15and 55-5.5 as follows:
 
16    (410 ILCS 705/1-10)
17    Sec. 1-10. Definitions. In this Act:
18    "Adult Use Cultivation Center License" means a license
19issued by the Department of Agriculture that permits a person
20to act as a cultivation center under this Act and any
21administrative rule made in furtherance of this Act.
22    "Adult Use Dispensing Organization License" means a
23license issued by the Department of Financial and Professional
24Regulation that permits a person to act as a dispensing

 

 

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1organization under this Act and any administrative rule made
2in furtherance of this Act.
3    "Advertise" means to engage in promotional activities
4including, but not limited to: newspaper, radio, Internet and
5electronic media, and television advertising; the distribution
6of fliers and circulars; billboard advertising; and the
7display of window and interior signs. "Advertise" does not
8mean exterior signage displaying only the name of the licensed
9cannabis business establishment.
10    "Application points" means the number of points a
11Dispensary Applicant receives on an application for a
12Conditional Adult Use Dispensing Organization License.
13    "BLS Region" means a region in Illinois used by the United
14States Bureau of Labor Statistics to gather and categorize
15certain employment and wage data. The 17 such regions in
16Illinois are: Bloomington, Cape Girardeau, Carbondale-Marion,
17Champaign-Urbana, Chicago-Naperville-Elgin, Danville,
18Davenport-Moline-Rock Island, Decatur, Kankakee, Peoria,
19Rockford, St. Louis, Springfield, Northwest Illinois
20nonmetropolitan area, West Central Illinois nonmetropolitan
21area, East Central Illinois nonmetropolitan area, and South
22Illinois nonmetropolitan area.
23    "By lot" means a randomized method of choosing between 2
24or more Eligible Tied Applicants or 2 or more Qualifying
25Applicants.
26    "Cannabis" means marijuana, hashish, and other substances

 

 

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1that are identified as including any parts of the plant
2Cannabis sativa and including derivatives or subspecies, such
3as indica, of all strains of cannabis, whether growing or not;
4the seeds thereof, the resin extracted from any part of the
5plant; and any compound, manufacture, salt, derivative,
6mixture, or preparation of the plant, its seeds, or resin,
7including tetrahydrocannabinol (THC) and all other naturally
8produced cannabinol derivatives, whether produced directly or
9indirectly by extraction, including, but not limited to, any
10structural, optical, or geometric isomers of THC, or any
11chemical compound that mimics THC; however, "cannabis" does
12not include the mature stalks of the plant, fiber produced
13from the stalks, oil or cake made from the seeds of the plant,
14any other compound, manufacture, salt, derivative, mixture, or
15preparation of the mature stalks (except the resin extracted
16from it), fiber, oil or cake, or the sterilized seed of the
17plant that is incapable of germination. "Cannabis" does not
18include industrial hemp as defined and authorized under the
19Industrial Hemp Act. "Cannabis" also means cannabis flower,
20concentrate, and cannabis-infused products and any product
21whether derived from natural or synthetic sources with a THC
22concentration greater than the THC limit set forth in the Hemp
23Consumer Products Act.
24    "Cannabis business establishment" means a cultivation
25center, craft grower, processing organization, infuser
26organization, dispensing organization, or transporting

 

 

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1organization.
2    "Cannabis concentrate" means a product derived from
3cannabis that is produced by extracting cannabinoids,
4including tetrahydrocannabinol (THC), from the plant through
5the use of propylene glycol, glycerin, butter, olive oil, or
6other typical cooking fats; water, ice, or dry ice; or butane,
7propane, CO2, ethanol, or isopropanol and with the intended
8use of smoking or making a cannabis-infused product. The use
9of any other solvent is expressly prohibited unless and until
10it is approved by the Department of Agriculture.
11    "Cannabis container" means a sealed or resealable,
12traceable, container, or package used for the purpose of
13containment of cannabis or cannabis-infused product during
14transportation.
15    "Cannabis flower" means marijuana, hashish, and other
16substances that are identified as including any parts of the
17plant Cannabis sativa and including derivatives or subspecies,
18such as indica, of all strains of cannabis; including raw
19kief, leaves, and buds, but not resin that has been extracted
20from any part of such plant; nor any compound, manufacture,
21salt, derivative, mixture, or preparation of such plant, its
22seeds, or resin.
23    "Cannabis-infused product" means a beverage, food, oil,
24ointment, tincture, topical formulation, or another product
25containing cannabis or cannabis concentrate that is not
26intended to be smoked.

 

 

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1    "Cannabis paraphernalia" means equipment, products, or
2materials intended to be used for planting, propagating,
3cultivating, growing, harvesting, manufacturing, producing,
4processing, preparing, testing, analyzing, packaging,
5repackaging, storing, containing, concealing, ingesting, or
6otherwise introducing cannabis into the human body.
7    "Cannabis plant monitoring system" or "plant monitoring
8system" means a system that includes, but is not limited to,
9testing and data collection established and maintained by the
10cultivation center, craft grower, or processing organization
11and that is available to the Department of Revenue, the
12Department of Agriculture, the Department of Financial and
13Professional Regulation, and the Illinois State Police for the
14purposes of documenting each cannabis plant and monitoring
15plant development throughout the life cycle of a cannabis
16plant cultivated for the intended use by a customer from seed
17planting to final packaging.
18    "Cannabis testing facility" means an entity registered by
19the Department of Agriculture to test cannabis for potency and
20contaminants.
21    "Clone" means a plant section from a female cannabis plant
22not yet rootbound, growing in a water solution or other
23propagation matrix, that is capable of developing into a new
24plant.
25    "Community College Cannabis Vocational Training Pilot
26Program faculty participant" means a person who is 21 years of

 

 

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1age or older, licensed by the Department of Agriculture, and
2is employed or contracted by an Illinois community college to
3provide student instruction using cannabis plants at an
4Illinois community college Community College.
5    "Community College Cannabis Vocational Training Pilot
6Program faculty participant Agent Identification Card" means a
7document issued by the Department of Agriculture that
8identifies a person as a Community College Cannabis Vocational
9Training Pilot Program faculty participant.
10    "Conditional Adult Use Dispensing Organization License"
11means a contingent license awarded to applicants for an Adult
12Use Dispensing Organization License that reserves the right to
13an Adult Use Dispensing Organization License if the applicant
14meets certain conditions described in this Act, but does not
15entitle the recipient to begin purchasing or selling cannabis
16or cannabis-infused products.
17    "Conditional Adult Use Cultivation Center License" means a
18license awarded to top-scoring applicants for an Adult Use
19Cultivation Center License that reserves the right to an Adult
20Use Cultivation Center License if the applicant meets certain
21conditions as determined by the Department of Agriculture by
22rule, but does not entitle the recipient to begin growing,
23processing, or selling cannabis or cannabis-infused products.
24    "Craft grower" means a facility operated by an
25organization or business that is licensed by the Department of
26Agriculture to cultivate, dry, cure, and package cannabis and

 

 

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1perform other necessary activities to make cannabis available
2for sale at a dispensing organization or use at a processing
3organization. A craft grower may contain up to 5,000 square
4feet of canopy space on its premises for plants in the
5flowering state. The Department of Agriculture may authorize
6an increase or decrease of flowering stage cultivation space
7in increments of 3,000 square feet by rule based on market
8need, craft grower capacity, and the licensee's history of
9compliance or noncompliance, with a maximum space of 14,000
10square feet for cultivating plants in the flowering stage,
11which must be cultivated in all stages of growth in an enclosed
12and secure area. A craft grower may share premises with a
13processing organization or a dispensing organization, or both,
14provided each licensee stores currency and cannabis or
15cannabis-infused products in a separate secured vault to which
16the other licensee does not have access or all licensees
17sharing a vault share more than 50% of the same ownership.
18    "Craft grower agent" means a principal officer, board
19member, employee, or other agent of a craft grower who is 21
20years of age or older.
21    "Craft Grower Agent Identification Card" means a document
22issued by the Department of Agriculture that identifies a
23person as a craft grower agent.
24    "Cultivation center" means a facility operated by an
25organization or business that is licensed by the Department of
26Agriculture to cultivate, process, transport (unless otherwise

 

 

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1limited by this Act), and perform other necessary activities
2to provide cannabis and cannabis-infused products to cannabis
3business establishments.
4    "Cultivation center agent" means a principal officer,
5board member, employee, or other agent of a cultivation center
6who is 21 years of age or older.
7    "Cultivation Center Agent Identification Card" means a
8document issued by the Department of Agriculture that
9identifies a person as a cultivation center agent.
10    "Currency" means currency and coin of the United States.
11    "Dispensary" means a facility operated by a dispensing
12organization at which activities licensed by this Act may
13occur.
14    "Dispensary Applicant" means the Proposed Dispensing
15Organization Name as stated on an application for a
16Conditional Adult Use Dispensing Organization License.
17    "Dispensing organization" means a facility operated by an
18organization or business that is licensed by the Department of
19Financial and Professional Regulation to acquire cannabis from
20a cultivation center, craft grower, processing organization,
21or another dispensary for the purpose of selling or dispensing
22cannabis, cannabis-infused products, cannabis seeds,
23paraphernalia, or related supplies under this Act to
24purchasers or to qualified registered medical cannabis
25patients and caregivers. As used in this Act, "dispensing
26organization" includes a registered medical cannabis

 

 

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1organization as defined in the Compassionate Use of Medical
2Cannabis Program Act or its successor Act that has obtained an
3Early Approval Adult Use Dispensing Organization License.
4    "Dispensing organization agent" means a principal officer,
5employee, or agent of a dispensing organization who is 21
6years of age or older.
7    "Dispensing organization agent identification card" means
8a document issued by the Department of Financial and
9Professional Regulation that identifies a person as a
10dispensing organization agent.
11    "Disproportionately Impacted Area" means a census tract or
12comparable geographic area that satisfies the following
13criteria as determined by the Department of Commerce and
14Economic Opportunity, that:
15        (1) meets at least one of the following criteria:
16            (A) the area has a poverty rate of at least 20%
17        according to the latest federal decennial census; or
18            (B) 75% or more of the children in the area
19        participate in the federal free lunch program
20        according to reported statistics from the State Board
21        of Education; or
22            (C) at least 20% of the households in the area
23        receive assistance under the Supplemental Nutrition
24        Assistance Program; or
25            (D) the area has an average unemployment rate, as
26        determined by the Illinois Department of Employment

 

 

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1        Security, that is more than 120% of the national
2        unemployment average, as determined by the United
3        States Department of Labor, for a period of at least 2
4        consecutive calendar years preceding the date of the
5        application; and
6        (2) has high rates of arrest, conviction, and
7    incarceration related to the sale, possession, use,
8    cultivation, manufacture, or transport of cannabis.
9    "Early Approval Adult Use Cultivation Center License"
10means a license that permits a medical cannabis cultivation
11center licensed under the Compassionate Use of Medical
12Cannabis Program Act as of the effective date of this Act to
13begin cultivating, infusing, packaging, transporting (unless
14otherwise provided in this Act), processing, and selling
15cannabis or cannabis-infused product to cannabis business
16establishments for resale to purchasers as permitted by this
17Act as of January 1, 2020.
18    "Early Approval Adult Use Dispensing Organization License"
19means a license that permits a medical cannabis dispensing
20organization licensed under the Compassionate Use of Medical
21Cannabis Program Act as of the effective date of this Act to
22begin selling cannabis or cannabis-infused product to
23purchasers as permitted by this Act as of January 1, 2020.
24    "Early Approval Adult Use Dispensing Organization at a
25secondary site" means a license that permits a medical
26cannabis dispensing organization licensed under the

 

 

10300HB4293sam003- 52 -LRB103 35932 RJT 74139 a

1Compassionate Use of Medical Cannabis Program Act as of the
2effective date of this Act to begin selling cannabis or
3cannabis-infused product to purchasers as permitted by this
4Act on January 1, 2020 at a different dispensary location from
5its existing registered medical dispensary location.
6    "Eligible Tied Applicant" means a Tied Applicant that is
7eligible to participate in the process by which a remaining
8available license is distributed by lot pursuant to a Tied
9Applicant Lottery.
10    "Enclosed, locked facility" means a room, greenhouse,
11building, or other enclosed area equipped with locks or other
12security devices that permit access only by cannabis business
13establishment agents working for the licensed cannabis
14business establishment or acting pursuant to this Act to
15cultivate, process, store, or distribute cannabis.
16    "Enclosed, locked space" means a closet, room, greenhouse,
17building, or other enclosed area equipped with locks or other
18security devices that permit access only by authorized
19individuals under this Act. "Enclosed, locked space" may
20include:
21        (1) a space within a residential building that (i) is
22    the primary residence of the individual cultivating 5 or
23    fewer cannabis plants that are more than 5 inches tall and
24    (ii) includes sleeping quarters and indoor plumbing. The
25    space must only be accessible by a key or code that is
26    different from any key or code that can be used to access

 

 

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1    the residential building from the exterior; or
2        (2) a structure, such as a shed or greenhouse, that
3    lies on the same plot of land as a residential building
4    that (i) includes sleeping quarters and indoor plumbing
5    and (ii) is used as a primary residence by the person
6    cultivating 5 or fewer cannabis plants that are more than
7    5 inches tall, such as a shed or greenhouse. The structure
8    must remain locked when it is unoccupied by people.
9    "Financial institution" has the same meaning as "financial
10organization" as defined in Section 1501 of the Illinois
11Income Tax Act, and also includes the holding companies,
12subsidiaries, and affiliates of such financial organizations.
13    "Flowering stage" means the stage of cultivation where and
14when a cannabis plant is cultivated to produce plant material
15for cannabis products. This includes mature plants as follows:
16        (1) if greater than 2 stigmas are visible at each
17    internode of the plant; or
18        (2) if the cannabis plant is in an area that has been
19    intentionally deprived of light for a period of time
20    intended to produce flower buds and induce maturation,
21    from the moment the light deprivation began through the
22    remainder of the marijuana plant growth cycle.
23    "Individual" means a natural person.
24    "Infuser organization" or "infuser" means a facility
25operated by an organization or business that is licensed by
26the Department of Agriculture to directly incorporate cannabis

 

 

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1or cannabis concentrate into a product formulation to produce
2a cannabis-infused product.
3    "Kief" means the resinous crystal-like trichomes that are
4found on cannabis and that are accumulated, resulting in a
5higher concentration of cannabinoids, untreated by heat or
6pressure, or extracted using a solvent.
7    "Labor peace agreement" means an agreement between a
8cannabis business establishment and any labor organization
9recognized under the National Labor Relations Act, referred to
10in this Act as a bona fide labor organization, that prohibits
11labor organizations and members from engaging in picketing,
12work stoppages, boycotts, and any other economic interference
13with the cannabis business establishment. This agreement means
14that the cannabis business establishment has agreed not to
15disrupt efforts by the bona fide labor organization to
16communicate with, and attempt to organize and represent, the
17cannabis business establishment's employees. The agreement
18shall provide a bona fide labor organization access at
19reasonable times to areas in which the cannabis business
20establishment's employees work, for the purpose of meeting
21with employees to discuss their right to representation,
22employment rights under State law, and terms and conditions of
23employment. This type of agreement shall not mandate a
24particular method of election or certification of the bona
25fide labor organization.
26    "Limited access area" means a room or other area under the

 

 

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1control of a cannabis dispensing organization licensed under
2this Act and upon the licensed premises where cannabis sales
3occur with access limited to purchasers, dispensing
4organization owners and other dispensing organization agents,
5or service professionals conducting business with the
6dispensing organization, or, if sales to registered qualifying
7patients, caregivers, provisional patients, and Opioid
8Alternative Pilot Program participants licensed pursuant to
9the Compassionate Use of Medical Cannabis Program Act are also
10permitted at the dispensary, registered qualifying patients,
11caregivers, provisional patients, and Opioid Alternative Pilot
12Program participants.
13    "Member of an impacted family" means an individual who has
14a parent, legal guardian, child, spouse, or dependent, or was
15a dependent of an individual who, prior to the effective date
16of this Act, was arrested for, convicted of, or adjudicated
17delinquent for any offense that is eligible for expungement
18under this Act.
19    "Mother plant" means a cannabis plant that is cultivated
20or maintained for the purpose of generating clones, and that
21will not be used to produce plant material for sale to an
22infuser or dispensing organization.
23    "Ordinary public view" means within the sight line with
24normal visual range of a person, unassisted by visual aids,
25from a public street or sidewalk adjacent to real property, or
26from within an adjacent property.

 

 

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1    "Ownership and control" means ownership of at least 51% of
2the business, including corporate stock if a corporation, and
3control over the management and day-to-day operations of the
4business and an interest in the capital, assets, and profits
5and losses of the business proportionate to percentage of
6ownership.
7    "Person" means a natural individual, firm, partnership,
8association, joint stock company, joint venture, public or
9private corporation, limited liability company, or a receiver,
10executor, trustee, guardian, or other representative appointed
11by order of any court.
12    "Possession limit" means the amount of cannabis under
13Section 10-10 that may be possessed at any one time by a person
1421 years of age or older or who is a registered qualifying
15medical cannabis patient or caregiver under the Compassionate
16Use of Medical Cannabis Program Act.
17    "Principal officer" includes a cannabis business
18establishment applicant or licensed cannabis business
19establishment's board member, owner with more than 1% interest
20of the total cannabis business establishment or more than 5%
21interest of the total cannabis business establishment of a
22publicly traded company, president, vice president, secretary,
23treasurer, partner, officer, member, manager member, or person
24with a profit sharing, financial interest, or revenue sharing
25arrangement. The definition includes a person with authority
26to control the cannabis business establishment, a person who

 

 

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1assumes responsibility for the debts of the cannabis business
2establishment and who is further defined in this Act.
3    "Primary residence" means a dwelling where a person
4usually stays or stays more often than other locations. It may
5be determined by, without limitation, presence, tax filings;
6address on an Illinois driver's license, an Illinois
7Identification Card, or an Illinois Person with a Disability
8Identification Card; or voter registration. No person may have
9more than one primary residence.
10    "Processing organization" or "processor" means a facility
11operated by an organization or business that is licensed by
12the Department of Agriculture to either extract constituent
13chemicals or compounds to produce cannabis concentrate or
14incorporate cannabis or cannabis concentrate into a product
15formulation to produce a cannabis product.
16    "Processing organization agent" means a principal officer,
17board member, employee, or agent of a processing organization.
18    "Processing organization agent identification card" means
19a document issued by the Department of Agriculture that
20identifies a person as a processing organization agent.
21    "Purchaser" means a person 21 years of age or older who
22acquires cannabis for a valuable consideration. "Purchaser"
23does not include a cardholder under the Compassionate Use of
24Medical Cannabis Program Act.
25    "Qualifying Applicant" means an applicant that submitted
26an application pursuant to Section 15-30 that received at

 

 

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1least 85% of 250 application points available under Section
215-30 as the applicant's final score and meets the definition
3of "Social Equity Applicant" as set forth under this Section.
4    "Qualifying Social Equity Justice Involved Applicant"
5means an applicant that submitted an application pursuant to
6Section 15-30 that received at least 85% of 250 application
7points available under Section 15-30 as the applicant's final
8score and meets the criteria of either paragraph (1) or (2) of
9the definition of "Social Equity Applicant" as set forth under
10this Section.
11    "Qualified Social Equity Applicant" means a Social Equity
12Applicant who has been awarded a conditional license under
13this Act to operate a cannabis business establishment.
14    "Resided" means an individual's primary residence was
15located within the relevant geographic area as established by
162 of the following:
17        (1) a signed lease agreement that includes the
18    applicant's name;
19        (2) a property deed that includes the applicant's
20    name;
21        (3) school records;
22        (4) a voter registration card;
23        (5) an Illinois driver's license, an Illinois
24    Identification Card, or an Illinois Person with a
25    Disability Identification Card;
26        (6) a paycheck stub;

 

 

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1        (7) a utility bill;
2        (8) tax records; or
3        (9) any other proof of residency or other information
4    necessary to establish residence as provided by rule.
5    "Smoking" means the inhalation of smoke caused by the
6combustion of cannabis.
7    "Social Equity Applicant" means an applicant that is an
8Illinois resident that meets one of the following criteria:
9        (1) an applicant with at least 51% ownership and
10    control by one or more individuals who have resided for at
11    least 5 of the preceding 10 years in a Disproportionately
12    Impacted Area;
13        (2) an applicant with at least 51% ownership and
14    control by one or more individuals who:
15            (i) have been arrested for, convicted of, or
16        adjudicated delinquent for any offense that is
17        eligible for expungement under this Act; or
18            (ii) is a member of an impacted family;
19        (3) for applicants with a minimum of 10 full-time
20    employees, an applicant with at least 51% of current
21    employees who:
22            (i) currently reside in a Disproportionately
23        Impacted Area; or
24            (ii) have been arrested for, convicted of, or
25        adjudicated delinquent for any offense that is
26        eligible for expungement under this Act or member of

 

 

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1        an impacted family.
2    Nothing in this Act shall be construed to preempt or limit
3the duties of any employer under the Job Opportunities for
4Qualified Applicants Act. Nothing in this Act shall permit an
5employer to require an employee to disclose sealed or expunged
6offenses, unless otherwise required by law.
7    "Tetrahydrocannabinol" or "THC" means any naturally
8occurring or synthetic tetrahydrocannabinol, including its
9salts, isomers, and salts of isomers whenever the existence of
10such salts, isomers, and salts of isomers is possible within
11the specific chemical designation and any preparation,
12mixture, or substance containing, or mixed or infused with,
13any detectable amount of tetrahydrocannabinol or
14tetrahydrocannabolic acid, including, but not limited to,
15delta-8-tetrahydrocannabinol, delta-9-tetrahydrocannabinol,
16delta-10-tetrahydrocannabinol, tetrahydrocannabolic acid,
17tetrahydrocannabipherol, or hexahydrocannabinol, however
18derived, or any other substance determined to have similar
19intoxicating effects on the mind or body by the Department.
20For the purposes of this definition, "isomer" means the
21optical, position, and geometric isomers.
22    "Tied Applicant" means an application submitted by a
23Dispensary Applicant pursuant to Section 15-30 that received
24the same number of application points under Section 15-30 as
25the Dispensary Applicant's final score as one or more
26top-scoring applications in the same BLS Region and would have

 

 

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1been awarded a license but for the one or more other
2top-scoring applications that received the same number of
3application points. Each application for which a Dispensary
4Applicant was required to pay a required application fee for
5the application period ending January 2, 2020 shall be
6considered an application of a separate Tied Applicant.
7    "Tied Applicant Lottery" means the process established
8under 68 Ill. Adm. Code 1291.50 for awarding Conditional Adult
9Use Dispensing Organization Licenses pursuant to Sections
1015-25 and 15-30 among Eligible Tied Applicants.
11    "Tincture" means a cannabis-infused solution, typically
12comprised of alcohol, glycerin, or vegetable oils, derived
13either directly from the cannabis plant or from a processed
14cannabis extract. A tincture is not an alcoholic liquor as
15defined in the Liquor Control Act of 1934. A tincture shall
16include a calibrated dropper or other similar device capable
17of accurately measuring servings.
18    "Transporting organization" or "transporter" means an
19organization or business that is licensed by the Department of
20Agriculture to transport cannabis or cannabis-infused product
21on behalf of a cannabis business establishment or a community
22college licensed under the Community College Cannabis
23Vocational Training Pilot Program.
24    "Transporting organization agent" means a principal
25officer, board member, employee, or agent of a transporting
26organization.

 

 

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1    "Transporting organization agent identification card"
2means a document issued by the Department of Agriculture that
3identifies a person as a transporting organization agent.
4    "Unit of local government" means any county, city,
5village, or incorporated town.
6    "Vegetative stage" means the stage of cultivation in which
7a cannabis plant is propagated to produce additional cannabis
8plants or reach a sufficient size for production. This
9includes seedlings, clones, mothers, and other immature
10cannabis plants as follows:
11        (1) if the cannabis plant is in an area that has not
12    been intentionally deprived of light for a period of time
13    intended to produce flower buds and induce maturation, it
14    has no more than 2 stigmas visible at each internode of the
15    cannabis plant; or
16        (2) any cannabis plant that is cultivated solely for
17    the purpose of propagating clones and is never used to
18    produce cannabis.
19(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
20102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff.
215-13-22.)
 
22    (410 ILCS 705/15-155)
23    Sec. 15-155. Unlicensed practice; violation; civil
24penalty.
25    (a) In addition to any other penalty provided by law, any

 

 

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1person who practices, offers to practice, attempts to
2practice, or holds oneself out to practice as a licensed
3dispensing organization owner, principal officer,
4agent-in-charge, or agent, cultivates, processes, distributes,
5sells, or offers for sale cannabis, cannabis-infused products,
6cannabis concentrates, or cannabis flower without being
7licensed under this Act shall, in addition to any other
8penalty provided by law, pay a civil penalty to the Department
9of Financial and Professional Regulation in an amount not to
10exceed $10,000 for each offense as determined by the
11Department. Each day a person engages in unlicensed practice
12in violation of the provisions of this Section constitutes a
13separate offense. The civil penalty shall be assessed by the
14Department after a hearing is held in accordance with the
15provisions set forth in this Act regarding the provision of a
16hearing for the discipline of a licensee.
17    (b) The Department, the Attorney General, any State or
18local law enforcement agency, or any State's Attorney has the
19authority and power to investigate any and all unlicensed
20activity.
21    (c) The civil penalty shall be paid within 60 days after
22the effective date of the order imposing the civil penalty or
23in accordance with the order imposing the civil penalty. The
24order shall constitute a judgment and may be filed and
25execution had thereon in the same manner as any judgment from
26any court of this State.

 

 

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1    (d) A violation of subsection (a) is an unlawful practice
2under Section 2 of the Consumer Fraud and Deceptive Business
3Practices Act. All remedies, penalties, and authority granted
4to the Attorney General under that Act shall be available for
5the enforcement of this Act.
6    (e) Nothing in this Section prohibits a unit of local
7government from enacting a local law or ordinance to carry out
8enforcement activities and assess civil penalties against
9unlicensed cannabis sales.
10(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
11    (410 ILCS 705/20-60 new)
12    Sec. 20-60. Unlicensed practice; violation; civil penalty.
13    (a) In addition to any other penalty provided by law, any
14person who practices, offers to practice, attempts to
15practice, or holds oneself out to practice as a licensed
16cultivation center, infuser, or craft grower owner, principal
17officer, agent-in-charge, or agent or who cultivates,
18processes, distributes, sells, or offers for sale cannabis,
19cannabis-infused products, cannabis concentrates, or cannabis
20flower without being licensed under this Act shall, in
21addition to any other penalty provided by law, pay a civil
22penalty to the Department of Agriculture in an amount not to
23exceed $10,000 for each offense. Each day any person engages
24in unlicensed practice in violation of the provisions of this
25Section constitutes a separate offense. The civil penalty

 

 

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1shall be assessed by the Department after a hearing is held in
2accordance with the provisions set forth in this Act regarding
3hearings for the discipline of a licensee.
4    (b) The Department, the Attorney General, any State or
5local law enforcement agency, or any State's Attorney has the
6authority and power to investigate any and all unlicensed
7activity.
8    (c) The civil penalty shall be paid within 60 days after
9the effective date of the order imposing the civil penalty or
10in accordance with the order imposing the civil penalty. The
11order shall constitute a judgment and may be filed and
12execution had thereon in the same manner as any judgment from
13any court of this State.
14    (d) In addition to any other remedies or penalties
15provided by law, a unit of local government may suspend or
16revoke any locally established licenses held by the person,
17and prohibit the person from further operations and seize any
18cannabis or THC product.
 
19    (410 ILCS 705/30-30)
20    Sec. 30-30. Craft grower requirements; prohibitions.
21    (a) The operating documents of a craft grower shall
22include procedures for the oversight of the craft grower, a
23cannabis plant monitoring system including a physical
24inventory recorded weekly, accurate recordkeeping, and a
25staffing plan.

 

 

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1    (b) A craft grower shall implement a security plan
2reviewed by the Illinois State Police that includes, but is
3not limited to: facility access controls, perimeter intrusion
4detection systems, personnel identification systems, and a
524-hour surveillance system to monitor the interior and
6exterior of the craft grower facility and that is accessible
7to authorized law enforcement and the Department of
8Agriculture in real time.
9    (c) All cultivation of cannabis by a craft grower must
10take place in an enclosed, locked facility at the physical
11address provided to the Department of Agriculture during the
12licensing process. The craft grower location shall only be
13accessed by the agents working for the craft grower, the
14Department of Agriculture staff performing inspections, the
15Department of Public Health staff performing inspections,
16State and local law enforcement or other emergency personnel,
17contractors working on jobs unrelated to cannabis, such as
18installing or maintaining security devices or performing
19electrical wiring, transporting organization agents as
20provided in this Act, or participants in the incubator
21program, individuals in a mentoring or educational program
22approved by the State, or other individuals as provided by
23rule. However, if a craft grower shares a premises with an
24infuser or dispensing organization, agents from those other
25licensees may access the craft grower portion of the premises
26if that is the location of common bathrooms, lunchrooms,

 

 

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1locker rooms, or other areas of the building where work or
2cultivation of cannabis is not performed. At no time may an
3infuser or dispensing organization agent perform work at a
4craft grower without being a registered agent of the craft
5grower.
6    (d) A craft grower may not sell or distribute any cannabis
7to any person other than a cultivation center, a craft grower,
8an infuser organization, a dispensing organization, or as
9otherwise authorized by rule.
10    (e) A craft grower may not be located in an area zoned for
11residential use.
12    (f) A craft grower may not either directly or indirectly
13discriminate in price between different cannabis business
14establishments that are purchasing a like grade, strain,
15brand, and quality of cannabis or cannabis-infused product.
16Nothing in this subsection (f) prevents a craft grower from
17pricing cannabis differently based on differences in the cost
18of manufacturing or processing, the quantities sold, such as
19volume discounts, or the way the products are delivered.
20    (g) All cannabis harvested by a craft grower and intended
21for distribution to a dispensing organization must be entered
22into a data collection system, packaged and labeled under
23Section 55-21, and, if distribution is to a dispensing
24organization that does not share a premises with the
25dispensing organization receiving the cannabis, placed into a
26cannabis container for transport. All cannabis harvested by a

 

 

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1craft grower and intended for distribution to a cultivation
2center, to an infuser organization, or to a craft grower with
3which it does not share a premises, must be packaged in a
4labeled cannabis container and entered into a data collection
5system before transport.
6    (h) Craft growers are subject to random inspections by the
7Department of Agriculture, local safety or health inspectors,
8the Illinois State Police, or as provided by rule.
9    (i) A craft grower agent shall notify local law
10enforcement, the Illinois State Police, and the Department of
11Agriculture within 24 hours of the discovery of any loss or
12theft. Notification shall be made by phone, in person, or
13written or electronic communication.
14    (j) A craft grower shall comply with all State and any
15applicable federal rules and regulations regarding the use of
16pesticides.
17    (k) A craft grower or craft grower agent shall not
18transport cannabis or cannabis-infused products to any other
19cannabis business establishment without a transport
20organization license unless:
21        (i) If the craft grower is located in a county with a
22    population of 3,000,000 or more, the cannabis business
23    establishment receiving the cannabis is within 2,000 feet
24    of the property line of the craft grower;
25        (ii) If the craft grower is located in a county with a
26    population of more than 700,000 but fewer than 3,000,000,

 

 

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1    the cannabis business establishment receiving the cannabis
2    is within 2 miles of the craft grower; or
3        (iii) If the craft grower is located in a county with a
4    population of fewer than 700,000, the cannabis business
5    establishment receiving the cannabis is within 15 miles of
6    the craft grower.
7    (l) A craft grower may enter into a contract with a
8transporting organization to transport cannabis to a
9cultivation center, a craft grower, an infuser organization, a
10dispensing organization, or a laboratory.
11    (m) No person or entity shall hold any legal, equitable,
12ownership, or beneficial interest, directly or indirectly, of
13more than 3 craft grower licenses. Further, no person or
14entity that is employed by, an agent of, or has a contract to
15receive payment from or participate in the management of a
16craft grower, is a principal officer of a craft grower, or
17entity controlled by or affiliated with a principal officer of
18a craft grower shall hold any legal, equitable, ownership, or
19beneficial interest, directly or indirectly, in a craft grower
20license that would result in the person or entity owning or
21controlling in combination with any craft grower, principal
22officer of a craft grower, or entity controlled or affiliated
23with a principal officer of a craft grower by which he, she, or
24it is employed, is an agent of, or participates in the
25management of more than 3 craft grower licenses.
26    (n) It is unlawful for any person having a craft grower

 

 

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1license or any officer, associate, member, representative, or
2agent of the licensee to offer or deliver money, or anything
3else of value, directly or indirectly, to any person having an
4Early Approval Adult Use Dispensing Organization License, a
5Conditional Adult Use Dispensing Organization License, an
6Adult Use Dispensing Organization License, or a medical
7cannabis dispensing organization license issued under the
8Compassionate Use of Medical Cannabis Program Act, or to any
9person connected with or in any way representing, or to any
10member of the family of, the person holding an Early Approval
11Adult Use Dispensing Organization License, a Conditional Adult
12Use Dispensing Organization License, an Adult Use Dispensing
13Organization License, or a medical cannabis dispensing
14organization license issued under the Compassionate Use of
15Medical Cannabis Program Act, or to any stockholders in any
16corporation engaged in the retail sale of cannabis, or to any
17officer, manager, agent, or representative of the Early
18Approval Adult Use Dispensing Organization License, a
19Conditional Adult Use Dispensing Organization License, an
20Adult Use Dispensing Organization License, or a medical
21cannabis dispensing organization license issued under the
22Compassionate Use of Medical Cannabis Program Act to obtain
23preferential placement within the dispensing organization,
24including, without limitation, on shelves and in display cases
25where purchasers can view products, or on the dispensing
26organization's website.

 

 

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1    (o) A craft grower shall not be located within 1,500 feet
2of another craft grower or a cultivation center.
3    (p) A craft grower may process cannabis, cannabis
4concentrates, and cannabis-infused products.
5    (q) A craft grower must comply with any other requirements
6or prohibitions set by administrative rule of the Department
7of Agriculture.
8    (r) A craft grower may purchase a hemp-derived
9intoxicating product from a hemp consumer product processor
10and offer a hemp-derived intoxicating product for sale to
11another cannabis business establishment. Once a hemp-derived
12intoxicating product is delivered to a craft grower, it is
13considered cannabis and the craft grower is responsible for
14ensuring the product meets all requirements of this Act.
15(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
16102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff.
175-13-22.)
 
18    (410 ILCS 705/35-25)
19    Sec. 35-25. Infuser organization requirements;
20prohibitions.
21    (a) The operating documents of an infuser shall include
22procedures for the oversight of the infuser, an inventory
23monitoring system including a physical inventory recorded
24weekly, accurate recordkeeping, and a staffing plan.
25    (b) An infuser shall implement a security plan reviewed by

 

 

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1the Illinois State Police that includes, but is not limited
2to: facility access controls, perimeter intrusion detection
3systems, personnel identification systems, and a 24-hour
4surveillance system to monitor the interior and exterior of
5the infuser facility and that is accessible to authorized law
6enforcement, the Department of Public Health, and the
7Department of Agriculture in real time.
8    (c) All processing of cannabis by an infuser must take
9place in an enclosed, locked facility at the physical address
10provided to the Department of Agriculture during the licensing
11process. The infuser location shall only be accessed by the
12agents working for the infuser, the Department of Agriculture
13staff performing inspections, the Department of Public Health
14staff performing inspections, State and local law enforcement
15or other emergency personnel, contractors working on jobs
16unrelated to cannabis, such as installing or maintaining
17security devices or performing electrical wiring, transporting
18organization agents as provided in this Act, participants in
19the incubator program, individuals in a mentoring or
20educational program approved by the State, local safety or
21health inspectors, or other individuals as provided by rule.
22However, if an infuser shares a premises with a craft grower or
23dispensing organization, agents from these other licensees may
24access the infuser portion of the premises if that is the
25location of common bathrooms, lunchrooms, locker rooms, or
26other areas of the building where processing of cannabis is

 

 

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1not performed. At no time may a craft grower or dispensing
2organization agent perform work at an infuser without being a
3registered agent of the infuser.
4    (d) An infuser may not sell or distribute any cannabis to
5any person other than a dispensing organization, or as
6otherwise authorized by rule.
7    (e) An infuser may not either directly or indirectly
8discriminate in price between different cannabis business
9establishments that are purchasing a like grade, strain,
10brand, and quality of cannabis or cannabis-infused product.
11Nothing in this subsection (e) prevents an infuser from
12pricing cannabis differently based on differences in the cost
13of manufacturing or processing, the quantities sold, such
14volume discounts, or the way the products are delivered.
15    (f) All cannabis infused by an infuser and intended for
16distribution to a dispensing organization must be entered into
17a data collection system, packaged and labeled under Section
1855-21, and, if distribution is to a dispensing organization
19that does not share a premises with the infuser, placed into a
20cannabis container for transport. All cannabis produced by an
21infuser and intended for distribution to a cultivation center,
22infuser organization, or craft grower with which it does not
23share a premises, must be packaged in a labeled cannabis
24container and entered into a data collection system before
25transport.
26    (g) Infusers are subject to random inspections by the

 

 

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1Department of Agriculture, the Department of Public Health,
2the Illinois State Police, local law enforcement, or as
3provided by rule.
4    (h) An infuser agent shall notify local law enforcement,
5the Illinois State Police, and the Department of Agriculture
6within 24 hours of the discovery of any loss or theft.
7Notification shall be made by phone, in person, or by written
8or electronic communication.
9    (i) An infuser organization may not be located in an area
10zoned for residential use.
11    (j) An infuser or infuser agent shall not transport
12cannabis or cannabis-infused products to any other cannabis
13business establishment without a transport organization
14license unless:
15        (i) If the infuser is located in a county with a
16    population of 3,000,000 or more, the cannabis business
17    establishment receiving the cannabis or cannabis-infused
18    product is within 2,000 feet of the property line of the
19    infuser;
20        (ii) If the infuser is located in a county with a
21    population of more than 700,000 but fewer than 3,000,000,
22    the cannabis business establishment receiving the cannabis
23    or cannabis-infused product is within 2 miles of the
24    infuser; or
25        (iii) If the infuser is located in a county with a
26    population of fewer than 700,000, the cannabis business

 

 

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1    establishment receiving the cannabis or cannabis-infused
2    product is within 15 miles of the infuser.
3    (k) An infuser may enter into a contract with a
4transporting organization to transport cannabis to a
5dispensing organization or a laboratory.
6    (l) An infuser organization may share premises with a
7craft grower or a dispensing organization, or both, provided
8each licensee stores currency and cannabis or cannabis-infused
9products in a separate secured vault to which the other
10licensee does not have access or all licensees sharing a vault
11share more than 50% of the same ownership.
12    (m) It is unlawful for any person or entity having an
13infuser organization license or any officer, associate,
14member, representative or agent of such licensee to offer or
15deliver money, or anything else of value, directly or
16indirectly to any person having an Early Approval Adult Use
17Dispensing Organization License, a Conditional Adult Use
18Dispensing Organization License, an Adult Use Dispensing
19Organization License, or a medical cannabis dispensing
20organization license issued under the Compassionate Use of
21Medical Cannabis Program Act, or to any person connected with
22or in any way representing, or to any member of the family of,
23such person holding an Early Approval Adult Use Dispensing
24Organization License, a Conditional Adult Use Dispensing
25Organization License, an Adult Use Dispensing Organization
26License, or a medical cannabis dispensing organization license

 

 

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1issued under the Compassionate Use of Medical Cannabis Program
2Act, or to any stockholders in any corporation engaged the
3retail sales of cannabis, or to any officer, manager, agent,
4or representative of the Early Approval Adult Use Dispensing
5Organization License, a Conditional Adult Use Dispensing
6Organization License, an Adult Use Dispensing Organization
7License, or a medical cannabis dispensing organization license
8issued under the Compassionate Use of Medical Cannabis Program
9Act to obtain preferential placement within the dispensing
10organization, including, without limitation, on shelves and in
11display cases where purchasers can view products, or on the
12dispensing organization's website.
13    (n) At no time shall an infuser organization or an infuser
14agent perform the extraction of cannabis concentrate from
15cannabis flower.
16    (o) An infuser may purchase a hemp-derived intoxicating
17product from a hemp consumer product processor and offer a
18hemp-derived intoxicating product for sale to another cannabis
19business establishment. Once a hemp-derived intoxicating
20product is delivered to an infuser, it is considered cannabis
21and the infuser is responsible for ensuring the product meets
22all requirements of this Act.
23(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
24102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff.
255-13-22.)
 

 

 

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1    (410 ILCS 705/55-5.5 new)
2    Sec. 55-5.5. Use of hemp in cannabis-infused products.
3    (a) For purposes of this Section, "industrial hemp" has
4the meaning given to it under the Industrial Hemp Act.
5    (b) Cannabis business establishments licensed by the
6Department of Agriculture for cultivation, growing,
7processing, manufacturing, or infusing of medical or adult use
8cannabis products pursuant to this Act or the Compassionate
9Use of Medical Cannabis Program Act may use industrial hemp as
10an ingredient in cannabis-infused products offered for sale at
11licensed dispensaries in Illinois. Hemp flower shall not be
12sold to dispensaries.
13    (c) All hemp obtained under this Section must be used in
14extracted form and in infused cannabis products only.
15    (d) Industrial hemp may be procured from third-party
16licensed growers or processors from within the State or any
17other state with a regulated industrial hemp program.
18    (e) All hemp and hemp derivatives shall be obtained from a
19licensed or registered hemp grower or processor, regardless of
20the home state of the grower or processor. Cannabis producers
21shall provide a copy of the hemp grower's or processor's
22state-issued license upon demand of the Department of
23Agriculture or the Illinois State Police.
24    (f) Industrial hemp flower and biomass may be purchased
25and extracted by licensed cannabis cultivation centers or
26licensed craft growers.

 

 

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1    (g) Licensed cannabis cultivation centers and licensed
2craft growers may procure or process industrial hemp in the
3form of distillate or isolate. Licensed infusers may procure
4industrial hemp in the form of distillate or isolate.
5    (h) Hemp and hemp derivatives may not be used to
6concentrate or to synthesize intoxicating compounds and may
7not exceed 0.3% THC.
8    (l) Final products containing hemp or hemp derivatives
9sold by a cannabis business establishment shall be
10cannabis-infused products and shall be subject to the
11requirements of the Compassionate Use of Medical Cannabis Act
12and the Cannabis Regulation and Tax Act and any applicable
13administrative rules.
 
14    (410 ILCS 705/55-35)
15    Sec. 55-35. Administrative rulemaking.
16    (a) No later than 180 days after the effective date of this
17Act, the Department of Agriculture, the Illinois State Police,
18the Department of Financial and Professional Regulation, the
19Department of Revenue, the Department of Commerce and Economic
20Opportunity, and the Treasurer's Office shall adopt permanent
21rules in accordance with their responsibilities under this
22Act. The Department of Agriculture, the Illinois State Police,
23the Department of Financial and Professional Regulation, the
24Department of Revenue, and the Department of Commerce and
25Economic Opportunity may adopt rules necessary to regulate

 

 

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1personal cannabis use through the use of emergency rulemaking
2in accordance with subsection (gg) of Section 5-45 of the
3Illinois Administrative Procedure Act. The General Assembly
4finds that the adoption of rules to regulate cannabis use is
5deemed an emergency and necessary for the public interest,
6safety, and welfare.
7    (b) The Department of Agriculture rules may address, but
8are not limited to, the following matters related to
9cultivation centers, craft growers, infuser organizations, and
10transporting organizations with the goal of protecting against
11diversion and theft, without imposing an undue burden on the
12cultivation centers, craft growers, infuser organizations, or
13transporting organizations:
14        (1) oversight requirements for cultivation centers,
15    craft growers, infuser organizations, and transporting
16    organizations;
17        (2) recordkeeping requirements for cultivation
18    centers, craft growers, infuser organizations, and
19    transporting organizations;
20        (3) security requirements for cultivation centers,
21    craft growers, infuser organizations, and transporting
22    organizations, which shall include that each cultivation
23    center, craft grower, infuser organization, and
24    transporting organization location must be protected by a
25    fully operational security alarm system;
26        (4) standards for enclosed, locked facilities under

 

 

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1    this Act;
2        (5) procedures for suspending or revoking the
3    identification cards of agents of cultivation centers,
4    craft growers, infuser organizations, and transporting
5    organizations that commit violations of this Act or the
6    rules adopted under this Section;
7        (6) rules concerning the intrastate transportation of
8    cannabis from a cultivation center, craft grower, infuser
9    organization, and transporting organization to a
10    dispensing organization;
11        (7) standards concerning the testing, quality,
12    cultivation, and processing of cannabis; and
13        (7.5) standards and rules for the investigation and
14    enforcement of unregulated and unlicensed sale of cannabis
15    and cannabis products; and
16        (8) any other matters under oversight by the
17    Department of Agriculture as are necessary for the fair,
18    impartial, stringent, and comprehensive administration of
19    this Act.
20    (b-5) Notwithstanding any standards and rules developed
21under paragraph (7.5) of subsection (b) of this Section, the
22Department of Agriculture shall update through official
23guidance and publish publicly on its website the cannabinoids
24that it deems tetrahydrocannabinol or THC on or before January
251 and July 1 of each calendar year.
26    (c) The Department of Financial and Professional

 

 

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1Regulation rules may address, but are not limited to, the
2following matters related to dispensing organizations, with
3the goal of protecting against diversion and theft, without
4imposing an undue burden on the dispensing organizations:
5        (1) oversight requirements for dispensing
6    organizations;
7        (2) recordkeeping requirements for dispensing
8    organizations;
9        (3) security requirements for dispensing
10    organizations, which shall include that each dispensing
11    organization location must be protected by a fully
12    operational security alarm system;
13        (4) procedures for suspending or revoking the licenses
14    of dispensing organization agents that commit violations
15    of this Act or the rules adopted under this Act;
16        (4.5) standards and rules for the investigation and
17    enforcement of unregulated and unlicensed sale of cannabis
18    and cannabis products; and
19        (5) any other matters under oversight by the
20    Department of Financial and Professional Regulation that
21    are necessary for the fair, impartial, stringent, and
22    comprehensive administration of this Act.
23    (d) The Department of Revenue rules may address, but are
24not limited to, the following matters related to the payment
25of taxes by cannabis business establishments:
26        (1) recording of sales;

 

 

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1        (2) documentation of taxable income and expenses;
2        (3) transfer of funds for the payment of taxes; or
3        (4) any other matter under the oversight of the
4    Department of Revenue.
5    (e) The Department of Commerce and Economic Opportunity
6rules may address, but are not limited to, a loan program or
7grant program to assist Social Equity Applicants access the
8capital needed to start a cannabis business establishment. The
9names of recipients and the amounts of any moneys received
10through a loan program or grant program shall be a public
11record.
12    (f) The Illinois State Police rules may address
13enforcement of its authority under this Act. The Illinois
14State Police shall not make rules that infringe on the
15exclusive authority of the Department of Financial and
16Professional Regulation or the Department of Agriculture over
17licensees under this Act.
18    (g) The Department of Human Services shall develop and
19disseminate:
20        (1) educational information about the health risks
21    associated with the use of cannabis; and
22        (2) one or more public education campaigns in
23    coordination with local health departments and community
24    organizations, including one or more prevention campaigns
25    directed at children, adolescents, parents, and pregnant
26    or breastfeeding women, to inform them of the potential

 

 

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1    health risks associated with intentional or unintentional
2    cannabis use.
3(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
4102-538, eff. 8-20-21.)
 
5    (410 ILCS 705/60-10)
6    Sec. 60-10. Tax imposed.
7    (a) Beginning September 1, 2019, a tax is imposed upon the
8privilege of cultivating cannabis at the rate of 7% of the
9gross receipts from the first sale of cannabis by a
10cultivator. The sale of any product that contains any amount
11of cannabis or any derivative thereof is subject to the tax
12under this Section on the full selling price of the product.
13The Department may determine the selling price of the cannabis
14when the seller and purchaser are affiliated persons, when the
15sale and purchase of cannabis is not an arm's length
16transaction, or when cannabis is transferred by a craft grower
17to the craft grower's dispensing organization or infuser or
18processing organization and a value is not established for the
19cannabis. The value determined by the Department shall be
20commensurate with the actual price received for products of
21like quality, character, and use in the area. If there are no
22sales of cannabis of like quality, character, and use in the
23same area, then the Department shall establish a reasonable
24value based on sales of products of like quality, character,
25and use in other areas of the State, taking into consideration

 

 

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1any other relevant factors.
2    (a-5) Beginning January 1, 2025, a tax is imposed upon the
3privilege of processing hemp-derived intoxicating products at
4the rate of 7% of the gross receipts from the hemp processor's
5sale of a hemp-derived intoxicating product to a craft grower
6or infuser. The sale of any hemp-derived intoxicating product
7as defined in the Hemp Consumer Products Act is subject to the
8tax under this Section on the full selling price of the
9product. The Department may determine the selling price of the
10hemp-derived intoxicating product when the seller and
11purchaser are affiliated persons or when the sale and purchase
12of a hemp-derived intoxicating product is not an arm's length
13transaction. The value determined by the Department shall be
14commensurate with the actual price received for products of
15like quality, character, and use in the area. If there are no
16sales of hemp-derived intoxicating products of like quality,
17character, and use in the same area, then the Department shall
18establish a reasonable value based on sales of products of
19like quality, character, and use in other areas of the State,
20taking into consideration any other relevant factors.
21    (b) The Cannabis Cultivation Privilege Tax imposed under
22this Article is solely the responsibility of the cultivator
23who makes the first sale and is not the responsibility of a
24subsequent purchaser, a dispensing organization, or an
25infuser. Persons subject to the tax imposed under this Article
26may, however, reimburse themselves for their tax liability

 

 

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1hereunder by separately stating reimbursement for their tax
2liability as an additional charge.
3    (c) The tax imposed under this Article shall be in
4addition to all other occupation, privilege, or excise taxes
5imposed by the State of Illinois or by any unit of local
6government.
7(Source: P.A. 101-27, eff. 6-25-19.)
 
8    (410 ILCS 705/60-15)
9    Sec. 60-15. Registration of cultivators. Every cultivator
10and craft grower subject to the tax under this Article shall
11apply to the Department of Revenue for a certificate of
12registration under this Article. All applications for
13registration under this Article shall be made by electronic
14means in the form and manner required by the Department. For
15that purpose, the provisions of Section 2a of the Retailers'
16Occupation Tax Act are incorporated into this Article to the
17extent not inconsistent with this Article. In addition, no
18certificate of registration shall be issued under this Article
19unless the applicant is licensed under this Act or is licensed
20as a hemp consumer products processor under the Hemp Consumer
21Products Act.
22(Source: P.A. 101-27, eff. 6-25-19.)
 
23    (410 ILCS 705/60-20)
24    Sec. 60-20. Return and payment of cannabis cultivation

 

 

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1privilege tax. Each person who is required to pay the tax
2imposed by this Article shall make a return to the Department
3on or before the 20th day of each month for the preceding
4calendar month stating the following:
5        (1) the taxpayer's name;
6        (2) the address of the taxpayer's principal place of
7    business and the address of the principal place of
8    business (if that is a different address) from which the
9    taxpayer is engaged in the business of cultivating
10    cannabis subject to tax under this Article;
11        (3) the total amount of receipts received by the
12    taxpayer during the preceding calendar month from sales of
13    cannabis or hemp-derived intoxicating products subject to
14    tax under this Article by the taxpayer during the
15    preceding calendar month;
16        (4) the total amount received by the taxpayer during
17    the preceding calendar month on charge and time sales of
18    cannabis subject to tax imposed under this Article by the
19    taxpayer before the month for which the return is filed;
20        (5) deductions allowed by law;
21        (6) gross receipts that were received by the taxpayer
22    during the preceding calendar month and upon the basis of
23    which the tax is imposed;
24        (7) the amount of tax due;
25        (8) the signature of the taxpayer; and
26        (9) any other information as the Department may

 

 

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1    reasonably require.
2    All returns required to be filed and payments required to
3be made under this Article shall be by electronic means.
4Taxpayers who demonstrate hardship in paying electronically
5may petition the Department to waive the electronic payment
6requirement. The Department may require a separate return for
7the tax under this Article or combine the return for the tax
8under this Article with the return for the tax under the
9Compassionate Use of Medical Cannabis Program Act. If the
10return for the tax under this Article is combined with the
11return for tax under the Compassionate Use of Medical Cannabis
12Program Act, then the vendor's discount allowed under this
13Section and any cap on that discount shall apply to the
14combined return. The taxpayer making the return provided for
15in this Section shall also pay to the Department, in
16accordance with this Section, the amount of tax imposed by
17this Article, less a discount of 1.75%, but not to exceed
18$1,000 per return period, which is allowed to reimburse the
19taxpayer for the expenses incurred in keeping records,
20collecting tax, preparing and filing returns, remitting the
21tax, and supplying data to the Department upon request. No
22discount may be claimed by a taxpayer on returns not timely
23filed and for taxes not timely remitted. No discount may be
24claimed by a taxpayer for any return that is not filed
25electronically. No discount may be claimed by a taxpayer for
26any payment that is not made electronically, unless a waiver

 

 

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1has been granted under this Section. Any amount that is
2required to be shown or reported on any return or other
3document under this Article shall, if the amount is not a
4whole-dollar amount, be increased to the nearest whole-dollar
5amount if the fractional part of a dollar is $0.50 or more and
6decreased to the nearest whole-dollar amount if the fractional
7part of a dollar is less than $0.50. If a total amount of less
8than $1 is payable, refundable, or creditable, the amount
9shall be disregarded if it is less than $0.50 and shall be
10increased to $1 if it is $0.50 or more. Notwithstanding any
11other provision of this Article concerning the time within
12which a taxpayer may file a return, any such taxpayer who
13ceases to engage in the kind of business that makes the person
14responsible for filing returns under this Article shall file a
15final return under this Article with the Department within one
16month after discontinuing such business.
17    Each taxpayer under this Article shall make estimated
18payments to the Department on or before the 7th, 15th, 22nd,
19and last day of the month during which tax liability to the
20Department is incurred. The payments shall be in an amount not
21less than the lower of either 22.5% of the taxpayer's actual
22tax liability for the month or 25% of the taxpayer's actual tax
23liability for the same calendar month of the preceding year.
24The amount of the quarter-monthly payments shall be credited
25against the final tax liability of the taxpayer's return for
26that month. If any quarter-monthly payment is not paid at the

 

 

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1time or in the amount required by this Section, then the
2taxpayer shall be liable for penalties and interest on the
3difference between the minimum amount due as a payment and the
4amount of the quarter-monthly payment actually and timely
5paid, except insofar as the taxpayer has previously made
6payments for that month to the Department in excess of the
7minimum payments previously due as provided in this Section.
8    If any payment provided for in this Section exceeds the
9taxpayer's liabilities under this Article, as shown on an
10original monthly return, the Department shall, if requested by
11the taxpayer, issue to the taxpayer a credit memorandum no
12later than 30 days after the date of payment. The credit
13evidenced by the credit memorandum may be assigned by the
14taxpayer to a similar taxpayer under this Act, in accordance
15with reasonable rules to be prescribed by the Department. If
16no such request is made, the taxpayer may credit the excess
17payment against tax liability subsequently to be remitted to
18the Department under this Act, in accordance with reasonable
19rules prescribed by the Department. If the Department
20subsequently determines that all or any part of the credit
21taken was not actually due to the taxpayer, the taxpayer's
22discount shall be reduced, if necessary, to reflect the
23difference between the credit taken and that actually due, and
24that taxpayer shall be liable for penalties and interest on
25the difference.
26    If a taxpayer fails to sign a return within 30 days after

 

 

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1the proper notice and demand for signature by the Department
2is received by the taxpayer, the return shall be considered
3valid and any amount shown to be due on the return shall be
4deemed assessed.
5(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
6    Section 820. The Industrial Hemp Act is amended by
7changing Sections 5, 10, and 20 and by adding Section 30 as
8follows:
 
9    (505 ILCS 89/5)
10    Sec. 5. Definitions. In this Act:
11    "Department" means the Department of Agriculture.
12    "Director" means the Director of Agriculture.
13    "Hemp" or "industrial hemp" means the plant Cannabis
14sativa L. and any part of that plant, whether growing or not,
15with a delta-9 tetrahydrocannabinol concentration of not more
16than 0.3 percent on a dry weight basis and includes any
17intermediate or finished product made or derived from
18industrial hemp.
19    "Hemp production plan" means a plan submitted by the
20Department to the Secretary of the United States Department of
21Agriculture pursuant to the federal Agriculture Improvement
22Act of 2018, Public Law 115-334, and consistent with the
23Domestic Hemp Production Program pursuant to 7 CFR Part 990
24wherein the Department establishes its desire to have primary

 

 

10300HB4293sam003- 91 -LRB103 35932 RJT 74139 a

1regulatory authority over the production of hemp.
2    "Industrial hemp processor" means any entity that
3processes or handles industrial hemp into a final product not
4intended for human or animal consumption that is registered
5with the Department. "Industrial hemp processor" includes,
6until the availability of a hemp consumer product processor
7license under the Hemp Consumer Product Act, any entity that
8processes or handles industrial hemp.
9    "Industrial hemp product" means any finished product made
10or derived from industrial hemp that is not intended for human
11or animal consumption by any means.
12    "Land area" means a farm as defined in Section 1-60 of the
13Property Tax Code in this State or land or facilities under the
14control of an institution of higher education.
15    "Person" means any individual, partnership, firm,
16corporation, company, society, association, the State or any
17department, agency, or subdivision thereof, or any other
18entity.
19    "Process" means the conversion of raw industrial hemp
20plant material into a form that is presently legal to import
21from outside the United States under federal law.
22    "THC" means delta-9 tetrahydrocannabinol.
23(Source: P.A. 102-690, eff. 12-17-21.)
 
24    (505 ILCS 89/10)
25    Sec. 10. Licenses and registration.

 

 

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1    (a) No person shall cultivate industrial hemp in this
2State without a license issued by the Department.
3    (b) The application for a license shall include:
4        (1) the name and address of the applicant;
5        (2) the legal description of the land area, including
6    Global Positioning System coordinates, to be used to
7    cultivate industrial hemp; and
8        (3) if federal law requires a research purpose for the
9    cultivation of industrial hemp, a description of one or
10    more research purposes planned for the cultivation of
11    industrial hemp which may include the study of the growth,
12    cultivation, or marketing of industrial hemp; however, the
13    research purpose requirement shall not be construed to
14    limit the commercial sale of industrial hemp.
15    (b-5) A person shall not process industrial hemp in this
16State without registering with the Department as an industrial
17hemp processor on a form prescribed by the Department.
18    (c) The Department may determine, by rule, the duration of
19a license or registration; application, registration, and
20license fees; and the requirements for license or registration
21renewal.
22(Source: P.A. 102-690, eff. 12-17-21.)
 
23    (505 ILCS 89/20)
24    Sec. 20. Hemp products. Nothing in this Act shall alter
25the legality of industrial hemp or hemp products not intended

 

 

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1for human or animal consumption by any means. The manufacture,
2sale, and advertisement of all hemp or hemp products that are
3intended for human or animal consumption by any means are
4regulated under the Hemp Consumer Products Act hemp or hemp
5products that are presently legal to possess or own.
6(Source: P.A. 100-1091, eff. 8-26-18.)
 
7    (505 ILCS 89/30 new)
8    Sec. 30. Hemp processing.
9    (a) A person may not process industrial hemp in this State
10without registering for a license with the Department on a
11form prescribed by the Department.
12    (b) The application for a license shall include:
13        (1) the name and address of the applicant; and
14        (2) the address of the location at which hemp will be
15    processed.
16    (c) The Department may determine, by rule, the duration of
17a hemp processor registration, application, and registration
18fees, and the requirements for registration renewal.
19    (d) Beginning January 1, 2025, all active hemp processing
20registrations that process or manufacture products derived
21from hemp intended for human or animal consumption shall be
22regulated under the Hemp Consumer Products Act. Hemp
23processing shall not be regulated under the Industrial Hemp
24Act. By January 1, 2025, the Department of Agriculture shall
25create a process to provide each active hemp processor

 

 

10300HB4293sam003- 94 -LRB103 35932 RJT 74139 a

1registrant that processes or produces products intended for
2human or animal consumption by any means with a Hemp Consumer
3Products Act hemp consumer product processing license.
4    (e) The Department may revoke the registration of any
5industrial hemp processor that processes or manufactures
6products derived from hemp intended for human or animal
7consumption and fails to register as a hemp consumer product
8processor under the Hemp Consumer Products Act by March 1,
92025.
 
10    Section 825. The Cannabis Control Act is amended by
11changing Sections 4, 5, and 5.1 as follows:
 
12    (720 ILCS 550/4)  (from Ch. 56 1/2, par. 704)
13    Sec. 4. Except as otherwise provided in the Cannabis
14Regulation and Tax Act, Hemp Consumer Products Act, and the
15Industrial Hemp Act, it is unlawful for any person knowingly
16to possess cannabis.
17    Any person who violates this Section with respect to:
18        (a) not more than 10 grams of any substance containing
19    cannabis is guilty of a civil law violation punishable by
20    a minimum fine of $100 and a maximum fine of $200. The
21    proceeds of the fine shall be payable to the clerk of the
22    circuit court. Within 30 days after the deposit of the
23    fine, the clerk shall distribute the proceeds of the fine
24    as follows:

 

 

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1            (1) $10 of the fine to the circuit clerk and $10 of
2        the fine to the law enforcement agency that issued the
3        citation; the proceeds of each $10 fine distributed to
4        the circuit clerk and each $10 fine distributed to the
5        law enforcement agency that issued the citation for
6        the violation shall be used to defer the cost of
7        automatic expungements under paragraph (2.5) of
8        subsection (a) of Section 5.2 of the Criminal
9        Identification Act;
10            (2) $15 to the county to fund drug addiction
11        services;
12            (3) $10 to the Office of the State's Attorneys
13        Appellate Prosecutor for use in training programs;
14            (4) $10 to the State's Attorney; and
15            (5) any remainder of the fine to the law
16        enforcement agency that issued the citation for the
17        violation.
18        With respect to funds designated for the Illinois
19    State Police, the moneys shall be remitted by the circuit
20    court clerk to the Illinois State Police within one month
21    after receipt for deposit into the State Police Operations
22    Assistance Fund. With respect to funds designated for the
23    Department of Natural Resources, the Department of Natural
24    Resources shall deposit the moneys into the Conservation
25    Police Operations Assistance Fund;
26        (b) more than 10 grams but not more than 30 grams of

 

 

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1    any substance containing cannabis is guilty of a Class B
2    misdemeanor;
3        (c) more than 30 grams but not more than 100 grams of
4    any substance containing cannabis is guilty of a Class A
5    misdemeanor; provided, that if any offense under this
6    subsection (c) is a subsequent offense, the offender shall
7    be guilty of a Class 4 felony;
8        (d) more than 100 grams but not more than 500 grams of
9    any substance containing cannabis is guilty of a Class 4
10    felony; provided that if any offense under this subsection
11    (d) is a subsequent offense, the offender shall be guilty
12    of a Class 3 felony;
13        (e) more than 500 grams but not more than 2,000 grams
14    of any substance containing cannabis is guilty of a Class
15    3 felony;
16        (f) more than 2,000 grams but not more than 5,000
17    grams of any substance containing cannabis is guilty of a
18    Class 2 felony;
19        (g) more than 5,000 grams of any substance containing
20    cannabis is guilty of a Class 1 felony.
21    Fines and assessments, such as fees or administrative
22costs, authorized under this Section shall not be ordered or
23imposed against a minor subject to Article III, IV, or V of the
24Juvenile Court Act of 1987, or a minor under the age of 18
25transferred to adult court or excluded from juvenile court
26jurisdiction under Article V of the Juvenile Court Act of

 

 

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11987, or the minor's parent, guardian, or legal custodian.
2(Source: P.A. 102-538, eff. 8-20-21; 103-379, eff. 7-28-23.)
 
3    (720 ILCS 550/5)  (from Ch. 56 1/2, par. 705)
4    Sec. 5. Except as otherwise provided in the Cannabis
5Regulation and Tax Act, Hemp Consumer Products Act, and the
6Industrial Hemp Act, it is unlawful for any person knowingly
7to manufacture, deliver, or possess with intent to deliver, or
8manufacture, cannabis. Any person who violates this Section
9with respect to:
10        (a) not more than 2.5 grams of any substance
11    containing cannabis is guilty of a Class B misdemeanor;
12        (b) more than 2.5 grams but not more than 10 grams of
13    any substance containing cannabis is guilty of a Class A
14    misdemeanor;
15        (c) more than 10 grams but not more than 30 grams of
16    any substance containing cannabis is guilty of a Class 4
17    felony;
18        (d) more than 30 grams but not more than 500 grams of
19    any substance containing cannabis is guilty of a Class 3
20    felony for which a fine not to exceed $50,000 may be
21    imposed;
22        (e) more than 500 grams but not more than 2,000 grams
23    of any substance containing cannabis is guilty of a Class
24    2 felony for which a fine not to exceed $100,000 may be
25    imposed;

 

 

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1        (f) more than 2,000 grams but not more than 5,000
2    grams of any substance containing cannabis is guilty of a
3    Class 1 felony for which a fine not to exceed $150,000 may
4    be imposed;
5        (g) more than 5,000 grams of any substance containing
6    cannabis is guilty of a Class X felony for which a fine not
7    to exceed $200,000 may be imposed.
8(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
9    (720 ILCS 550/5.1)  (from Ch. 56 1/2, par. 705.1)
10    Sec. 5.1. Cannabis trafficking.
11    (a) Except for purposes authorized by this Act, the
12Industrial Hemp Act, the Hemp Consumer Products Act, or the
13Cannabis Regulation and Tax Act, any person who knowingly
14brings or causes to be brought into this State for the purpose
15of manufacture or delivery or with the intent to manufacture
16or deliver 2,500 grams or more of cannabis in this State or any
17other state or country is guilty of cannabis trafficking.
18    (b) A person convicted of cannabis trafficking shall be
19sentenced to a term of imprisonment not less than twice the
20minimum term and fined an amount as authorized by subsection
21(f) or (g) of Section 5 of this Act, based upon the amount of
22cannabis brought or caused to be brought into this State, and
23not more than twice the maximum term of imprisonment and fined
24twice the amount as authorized by subsection (f) or (g) of
25Section 5 of this Act, based upon the amount of cannabis

 

 

10300HB4293sam003- 99 -LRB103 35932 RJT 74139 a

1brought or caused to be brought into this State.
2(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
3    Section 830. The Consumer Fraud and Deceptive Business
4Practices Act is amended by changing Section 2Z as follows:
 
5    (815 ILCS 505/2Z)  (from Ch. 121 1/2, par. 262Z)
6    Sec. 2Z. Violations of other Acts. Any person who
7knowingly violates the Automotive Repair Act, the Automotive
8Collision Repair Act, the Home Repair and Remodeling Act, the
9Dance Studio Act, the Physical Fitness Services Act, the
10Hearing Instrument Consumer Protection Act, the Illinois Union
11Label Act, the Installment Sales Contract Act, the Job
12Referral and Job Listing Services Consumer Protection Act, the
13Travel Promotion Consumer Protection Act, the Credit Services
14Organizations Act, the Automatic Telephone Dialers Act, the
15Pay-Per-Call Services Consumer Protection Act, the Telephone
16Solicitations Act, the Illinois Funeral or Burial Funds Act,
17the Cemetery Oversight Act, the Cemetery Care Act, the Safe
18and Hygienic Bed Act, the Illinois Pre-Need Cemetery Sales
19Act, the High Risk Home Loan Act, the Payday Loan Reform Act,
20the Predatory Loan Prevention Act, the Mortgage Rescue Fraud
21Act, subsection (a) or (b) of Section 3-10 of the Cigarette Tax
22Act, subsection (a) or (b) of Section 3-10 of the Cigarette Use
23Tax Act, the Electronic Mail Act, the Internet Caller
24Identification Act, paragraph (6) of subsection (k) of Section

 

 

10300HB4293sam003- 100 -LRB103 35932 RJT 74139 a

16-305 of the Illinois Vehicle Code, Section 11-1431, 18d-115,
218d-120, 18d-125, 18d-135, 18d-150, or 18d-153 of the Illinois
3Vehicle Code, Article 3 of the Residential Real Property
4Disclosure Act, the Automatic Contract Renewal Act, the
5Reverse Mortgage Act, Section 25 of the Youth Mental Health
6Protection Act, the Personal Information Protection Act, or
7the Student Online Personal Protection Act, or subsection (a)
8of Section 15-155 of the Cannabis Regulation and Tax Act
9commits an unlawful practice within the meaning of this Act.
10(Source: P.A. 100-315, eff. 8-24-17; 100-416, eff. 1-1-18;
11100-863, eff. 8-14-18; 101-658, eff. 3-23-21.)
 
12    Section 999. Effective date. This Act takes effect upon
13becoming law.".