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1 | AN ACT concerning health.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Compassionate Use of Medical Cannabis | |||||||||||||||||||||||
5 | Program Act is amended by changing Section 130 as follows: | |||||||||||||||||||||||
6 | (410 ILCS 130/130)
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7 | Sec. 130. Requirements; prohibitions; penalties; | |||||||||||||||||||||||
8 | dispensing organizations. | |||||||||||||||||||||||
9 | (a) The Department of Financial and Professional | |||||||||||||||||||||||
10 | Regulation shall implement the provisions of this Section by | |||||||||||||||||||||||
11 | rule.
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12 | (b) A dispensing organization shall maintain operating | |||||||||||||||||||||||
13 | documents which shall include procedures for the oversight of | |||||||||||||||||||||||
14 | the registered dispensing organization and procedures to | |||||||||||||||||||||||
15 | ensure accurate recordkeeping.
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16 | (c) A dispensing organization shall implement appropriate | |||||||||||||||||||||||
17 | security measures, as provided by rule, to deter and prevent | |||||||||||||||||||||||
18 | the theft of cannabis and unauthorized entrance into areas | |||||||||||||||||||||||
19 | containing cannabis.
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20 | (d) A dispensing organization may not be located within | |||||||||||||||||||||||
21 | 1,000 feet of the property line of a pre-existing public or | |||||||||||||||||||||||
22 | private preschool or elementary or secondary school or day | |||||||||||||||||||||||
23 | care center, day care home, group day care home, or part day |
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1 | child care facility. A registered dispensing organization may | ||||||
2 | not be located in a house, apartment, condominium, or an area | ||||||
3 | zoned for residential use.
This subsection shall not apply to | ||||||
4 | any dispensing organizations registered on or after July 1, | ||||||
5 | 2019. | ||||||
6 | (e) A dispensing organization is prohibited from acquiring | ||||||
7 | cannabis from anyone other than a cultivation center, craft | ||||||
8 | grower, processing organization, another dispensing | ||||||
9 | organization, or transporting organization licensed or | ||||||
10 | registered under this Act or the Cannabis Regulation and Tax | ||||||
11 | Act. A dispensing organization is prohibited from obtaining | ||||||
12 | cannabis from outside the State of Illinois.
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13 | (f) A registered dispensing organization is prohibited | ||||||
14 | from dispensing cannabis for any purpose except to assist | ||||||
15 | registered qualifying patients with the medical use of | ||||||
16 | cannabis directly or through the qualifying patients' | ||||||
17 | designated caregivers.
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18 | (g) The area in a dispensing organization where medical | ||||||
19 | cannabis is stored can only be accessed by dispensing | ||||||
20 | organization agents working for the dispensing organization, | ||||||
21 | Department of Financial and Professional Regulation staff | ||||||
22 | performing inspections, law enforcement or other emergency | ||||||
23 | personnel, and contractors working on jobs unrelated to | ||||||
24 | medical cannabis, such as installing or maintaining security | ||||||
25 | devices or performing electrical wiring.
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26 | (h) A dispensing organization may not dispense more than |
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1 | 2.5 ounces of cannabis to a registered qualifying patient, | ||||||
2 | directly or via a designated caregiver, in any 14-day period | ||||||
3 | unless the qualifying patient has a Department of Public | ||||||
4 | Health-approved quantity waiver.
Any Department of Public | ||||||
5 | Health-approved quantity waiver process must be made available | ||||||
6 | to qualified veterans. | ||||||
7 | (i) Except as provided in subsection (i-5), before medical | ||||||
8 | cannabis may be dispensed to a designated caregiver or a | ||||||
9 | registered qualifying patient, a dispensing organization agent | ||||||
10 | must determine that the individual is a current cardholder in | ||||||
11 | the verification system and must verify each of the following:
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12 | (1) that the registry identification card presented to | ||||||
13 | the registered dispensing organization is valid;
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14 | (2) that the person presenting the card is the person | ||||||
15 | identified on the registry identification card presented | ||||||
16 | to the dispensing organization agent;
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17 | (3) (blank); and
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18 | (4) that the registered qualifying patient has not | ||||||
19 | exceeded his or her adequate supply.
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20 | (i-5) A dispensing organization may dispense medical
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21 | cannabis to an Opioid Alternative Pilot Program participant | ||||||
22 | under Section 62 and to a person presenting proof of | ||||||
23 | provisional registration under Section 55. Before dispensing | ||||||
24 | medical cannabis, the dispensing organization shall comply | ||||||
25 | with the requirements of Section 62 or Section 55, whichever | ||||||
26 | is applicable, and verify the following: |
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1 | (1) that the written certification presented to the | ||||||
2 | registered dispensing organization is valid and an | ||||||
3 | original document; | ||||||
4 | (2) that the person presenting the written | ||||||
5 | certification is the person identified on the written | ||||||
6 | certification; and | ||||||
7 | (3) that the participant has not exceeded his or her | ||||||
8 | adequate supply. | ||||||
9 | (i-10) A dispensing organization may establish a protocol | ||||||
10 | to dispense cannabis on any real property or parking area | ||||||
11 | under the dispensary's ownership or control, such as | ||||||
12 | transactions at drive-through windows. The protocol shall | ||||||
13 | adhere to the requirements for point-of-sale dispensing | ||||||
14 | transactions under this Act, including, but not limited to, | ||||||
15 | camera recordings capturing each sale, the individuals | ||||||
16 | involved, and the computer monitors used for the sale. | ||||||
17 | (j) Dispensing organizations shall ensure compliance with | ||||||
18 | this limitation by maintaining internal, confidential records | ||||||
19 | that include records specifying how much medical cannabis is | ||||||
20 | dispensed to the registered qualifying patient and whether it | ||||||
21 | was dispensed directly to the registered qualifying patient or | ||||||
22 | to the designated caregiver. Each entry must include the date | ||||||
23 | and time the cannabis was dispensed. Additional recordkeeping | ||||||
24 | requirements may be set by rule.
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25 | (k) The health care professional-patient privilege as set | ||||||
26 | forth by Section 8-802 of the Code of Civil Procedure shall |
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1 | apply between a qualifying patient and a registered dispensing | ||||||
2 | organization and its agents with respect to communications and | ||||||
3 | records concerning qualifying patients' debilitating | ||||||
4 | conditions.
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5 | (l) A dispensing organization may not permit any person to | ||||||
6 | consume cannabis on the property of a medical cannabis | ||||||
7 | organization.
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8 | (m) A dispensing organization may not share office space | ||||||
9 | with or refer patients to a certifying health care | ||||||
10 | professional.
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11 | (n) Notwithstanding any other criminal penalties related | ||||||
12 | to the unlawful possession of cannabis, the Department of | ||||||
13 | Financial and Professional Regulation may revoke, suspend, | ||||||
14 | place on probation, reprimand, refuse to issue or renew, or | ||||||
15 | take any other disciplinary or non-disciplinary action as the | ||||||
16 | Department of Financial and Professional Regulation may deem | ||||||
17 | proper with regard to the registration of any person issued | ||||||
18 | under this Act to operate a dispensing organization or act as a | ||||||
19 | dispensing organization agent, including imposing fines not to | ||||||
20 | exceed $10,000 for each violation, for any violations of this | ||||||
21 | Act and rules adopted in accordance with this Act. The | ||||||
22 | procedures for disciplining a registered dispensing | ||||||
23 | organization shall be determined by rule. All final | ||||||
24 | administrative decisions of the Department of Financial and | ||||||
25 | Professional Regulation are subject to judicial review under | ||||||
26 | the Administrative Review Law and its rules. The term |
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1 | "administrative decision" is defined as in Section 3-101 of | ||||||
2 | the Code of Civil Procedure.
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3 | (o) Dispensing organizations are subject to random | ||||||
4 | inspection and cannabis testing by the Department of Financial | ||||||
5 | and Professional Regulation, the Illinois State Police, the | ||||||
6 | Department of Revenue, the Department of Public Health, the | ||||||
7 | Department of Agriculture, or as provided by rule.
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8 | (p) The Department of Financial and Professional | ||||||
9 | Regulation shall adopt rules permitting returns, and potential | ||||||
10 | refunds, for damaged or inadequate products.
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11 | (q) The Department of Financial and Professional | ||||||
12 | Regulation may issue nondisciplinary citations for minor | ||||||
13 | violations which may be accompanied by a civil penalty not to | ||||||
14 | exceed $10,000 per violation. The penalty shall be a civil | ||||||
15 | penalty or other condition as established by rule. The | ||||||
16 | citation shall be issued to the licensee and shall contain the | ||||||
17 | licensee's name, address, and license number, a brief factual | ||||||
18 | statement, the Sections of the law or rule allegedly violated, | ||||||
19 | and the civil penalty, if any, imposed. The citation must | ||||||
20 | clearly state that the licensee may choose, in lieu of | ||||||
21 | accepting the citation, to request a hearing. If the licensee | ||||||
22 | does not dispute the matter in the citation with the | ||||||
23 | Department of Financial and Professional Regulation within 30 | ||||||
24 | days after the citation is served, then the citation shall | ||||||
25 | become final and shall not be subject to appeal. | ||||||
26 | (Source: P.A. 101-363, eff. 8-9-19; 102-98, eff. 7-15-21.) |
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1 | Section 10. The Cannabis Regulation and Tax Act is amended | ||||||
2 | by changing Sections 15-70 and 15-85 as follows: | ||||||
3 | (410 ILCS 705/15-70)
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4 | Sec. 15-70. Operational requirements; prohibitions. | ||||||
5 | (a) A dispensing organization shall operate in accordance | ||||||
6 | with the representations made in its application and license | ||||||
7 | materials. It shall be in compliance with this Act and rules. | ||||||
8 | (b) A dispensing organization must include the legal name | ||||||
9 | of the dispensary on the packaging of any cannabis product it | ||||||
10 | sells. | ||||||
11 | (c) All cannabis, cannabis-infused products, and cannabis | ||||||
12 | seeds must be obtained from an Illinois registered adult use | ||||||
13 | cultivation center, craft grower, infuser, or another | ||||||
14 | dispensary. | ||||||
15 | (d) Dispensing organizations are prohibited from selling | ||||||
16 | any product containing alcohol except tinctures, which must be | ||||||
17 | limited to containers that are no larger than 100 milliliters. | ||||||
18 | (e) A dispensing organization shall inspect and count | ||||||
19 | product received from a transporting organization, adult use | ||||||
20 | cultivation center, craft grower, infuser organization, or | ||||||
21 | other dispensing organization before dispensing it. | ||||||
22 | (f) A dispensing organization may only accept cannabis | ||||||
23 | deliveries into a restricted access area. Deliveries may not | ||||||
24 | be accepted through the public or limited access areas unless |
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1 | otherwise approved by the Department. | ||||||
2 | (g) A dispensing organization shall maintain compliance | ||||||
3 | with State and local building, fire, and zoning requirements | ||||||
4 | or regulations. | ||||||
5 | (h) A dispensing organization shall submit a list to the | ||||||
6 | Department of the names of all service professionals that will | ||||||
7 | work at the dispensary. The list shall include a description | ||||||
8 | of the type of business or service provided. Changes to the | ||||||
9 | service professional list shall be promptly provided. No | ||||||
10 | service professional shall work in the dispensary until the | ||||||
11 | name is provided to the Department on the service professional | ||||||
12 | list. | ||||||
13 | (i) A dispensing organization's license allows for a | ||||||
14 | dispensary to be operated only at a single location. | ||||||
15 | (j) A dispensary may operate between 6 a.m. and 10 p.m. | ||||||
16 | local time. | ||||||
17 | (k) A dispensing organization must keep all lighting | ||||||
18 | outside and inside the dispensary in good working order and | ||||||
19 | wattage sufficient for security cameras. | ||||||
20 | (l) A dispensing organization must keep all air treatment | ||||||
21 | systems that will be installed to reduce odors in good working | ||||||
22 | order. | ||||||
23 | (m) A dispensing organization must contract with a private | ||||||
24 | security contractor that is licensed under Section 10-5 of the | ||||||
25 | Private Detective, Private Alarm, Private Security, | ||||||
26 | Fingerprint Vendor, and Locksmith Act of 2004 to provide |
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1 | on-site security at all hours of the dispensary's operation. | ||||||
2 | (n) A dispensing organization shall ensure that any | ||||||
3 | building or equipment used by a dispensing organization for | ||||||
4 | the storage or sale of cannabis is maintained in a clean and | ||||||
5 | sanitary condition. | ||||||
6 | (o) The dispensary shall be free from infestation by | ||||||
7 | insects, rodents, or pests. | ||||||
8 | (p) A dispensing organization shall not: | ||||||
9 | (1) Produce or manufacture cannabis; | ||||||
10 | (2) Accept a cannabis product from an adult use | ||||||
11 | cultivation center, craft grower, infuser, dispensing | ||||||
12 | organization, or transporting organization unless it is | ||||||
13 | pre-packaged and labeled in accordance with this Act and | ||||||
14 | any rules that may be adopted pursuant to this Act; | ||||||
15 | (3) Obtain cannabis or cannabis-infused products from | ||||||
16 | outside the State of Illinois; | ||||||
17 | (4) Sell cannabis or cannabis-infused products to a | ||||||
18 | purchaser unless the dispensing organization is licensed | ||||||
19 | under the Compassionate Use of Medical Cannabis Program | ||||||
20 | Act, and the individual is registered under the | ||||||
21 | Compassionate Use of Medical Cannabis Program or the | ||||||
22 | purchaser has been verified to be 21 years of age or older; | ||||||
23 | (5) Enter into an exclusive agreement with any adult | ||||||
24 | use cultivation center, craft grower, or infuser. | ||||||
25 | Dispensaries shall provide consumers an assortment of | ||||||
26 | products from various cannabis business establishment |
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1 | licensees such that the inventory available for sale at | ||||||
2 | any dispensary from any single cultivation center, craft | ||||||
3 | grower, processor, transporter, or infuser entity shall | ||||||
4 | not be more than 40% of the total inventory available for | ||||||
5 | sale. For the purpose of this subsection, a cultivation | ||||||
6 | center, craft grower, processor, or infuser shall be | ||||||
7 | considered part of the same entity if the licensees share | ||||||
8 | at least one principal officer. The Department may request | ||||||
9 | that a dispensary diversify its products as needed or | ||||||
10 | otherwise discipline a dispensing organization for | ||||||
11 | violating this requirement; | ||||||
12 | (6) Refuse to conduct business with an adult use | ||||||
13 | cultivation center, craft grower, transporting | ||||||
14 | organization, or infuser that has the ability to properly | ||||||
15 | deliver the product and is permitted by the Department of | ||||||
16 | Agriculture, on the same terms as other adult use | ||||||
17 | cultivation centers, craft growers, infusers, or | ||||||
18 | transporters with whom it is dealing; | ||||||
19 | (7) (Blank) Operate drive-through windows ; | ||||||
20 | (8) Allow for the dispensing of cannabis or | ||||||
21 | cannabis-infused products in vending machines; | ||||||
22 | (9) Transport cannabis to residences or other | ||||||
23 | locations beyond the real property or parking area under | ||||||
24 | the ownership or control of the dispensary where | ||||||
25 | purchasers may be for delivery; | ||||||
26 | (10) Enter into agreements to allow persons who are |
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1 | not dispensing organization agents to deliver cannabis or | ||||||
2 | to transport cannabis to purchasers; | ||||||
3 | (11) Operate a dispensary if its video surveillance | ||||||
4 | equipment is inoperative; | ||||||
5 | (12) Operate a dispensary if the point-of-sale | ||||||
6 | equipment is inoperative; | ||||||
7 | (13) Operate a dispensary if the State's cannabis | ||||||
8 | electronic verification system is inoperative; | ||||||
9 | (14) Have fewer than 2 people working at the | ||||||
10 | dispensary at any time while the dispensary is open; | ||||||
11 | (15) Be located within 1,500 feet of the property line | ||||||
12 | of a pre-existing dispensing organization, unless the | ||||||
13 | applicant is a Social Equity Applicant or Social Equity | ||||||
14 | Justice Involved Applicant located or seeking to locate | ||||||
15 | within 1,500 feet of a dispensing organization licensed | ||||||
16 | under Section 15-15 or Section 15-20; | ||||||
17 | (16) Sell clones or any other live plant material; | ||||||
18 | (17) Sell cannabis, cannabis concentrate, or | ||||||
19 | cannabis-infused products in combination or bundled with | ||||||
20 | each other or any other items for one price, and each item | ||||||
21 | of cannabis, concentrate, or cannabis-infused product must | ||||||
22 | be separately identified by quantity and price on the | ||||||
23 | receipt; | ||||||
24 | (18) Violate any other requirements or prohibitions | ||||||
25 | set by Department rules. | ||||||
26 | (q) It is unlawful for any person having an Early Approval |
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1 | Adult Use Cannabis Dispensing Organization License, a | ||||||
2 | Conditional Adult Use Cannabis Dispensing Organization, an | ||||||
3 | Adult Use Dispensing Organization License, or a medical | ||||||
4 | cannabis dispensing organization license issued under the | ||||||
5 | Compassionate Use of Medical Cannabis Program Act or any | ||||||
6 | officer, associate, member, representative, or agent of such
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7 | licensee to accept, receive, or borrow money or anything else
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8 | of value or accept or receive credit (other than merchandising
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9 | credit in the ordinary course of business for a period not to
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10 | exceed 30 days) directly or indirectly from any adult use
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11 | cultivation center, craft grower, infuser, or transporting
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12 | organization in exchange for preferential placement on the | ||||||
13 | dispensing organization's shelves, display cases, or website. | ||||||
14 | This includes anything received or borrowed or from any | ||||||
15 | stockholders, officers, agents, or persons connected with an | ||||||
16 | adult
use cultivation center, craft grower, infuser, or
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17 | transporting organization. | ||||||
18 | (r) It is unlawful for any person having an Early Approval | ||||||
19 | Adult Use Cannabis Dispensing Organization License, a | ||||||
20 | Conditional Adult Use Cannabis Dispensing Organization, an | ||||||
21 | Adult Use Dispensing Organization License, or a medical | ||||||
22 | cannabis dispensing organization license issued under the | ||||||
23 | Compassionate Use of Medical Cannabis Program to enter into | ||||||
24 | any contract with any person licensed to cultivate, process, | ||||||
25 | or transport cannabis whereby such dispensing organization | ||||||
26 | agrees not to sell any cannabis cultivated, processed, |
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1 | transported, manufactured, or distributed by any other | ||||||
2 | cultivator, transporter, or infuser, and any provision in any | ||||||
3 | contract violative of this Section shall render the whole of | ||||||
4 | such contract void and no action shall be brought thereon in | ||||||
5 | any court.
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6 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; | ||||||
7 | 102-98, eff. 7-15-21.) | ||||||
8 | (410 ILCS 705/15-85)
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9 | Sec. 15-85. Dispensing cannabis. | ||||||
10 | (a) Before a dispensing organization agent dispenses | ||||||
11 | cannabis to a purchaser, the agent shall: | ||||||
12 | (1) Verify the age of the purchaser by checking a | ||||||
13 | government-issued identification card by use of an | ||||||
14 | electronic reader or electronic scanning device to scan a | ||||||
15 | purchaser's government-issued identification, if | ||||||
16 | applicable, to determine the purchaser's age and the | ||||||
17 | validity of the identification; | ||||||
18 | (2) Verify the validity of the government-issued | ||||||
19 | identification card by use of an electronic reader or | ||||||
20 | electronic scanning device to scan a purchaser's | ||||||
21 | government-issued identification, if applicable, to | ||||||
22 | determine the purchaser's age and the validity of the | ||||||
23 | identification; | ||||||
24 | (3) Offer any appropriate purchaser education or | ||||||
25 | support materials; |
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1 | (4) Enter the following information into the State's | ||||||
2 | cannabis electronic verification system: | ||||||
3 | (i) The dispensing organization agent's | ||||||
4 | identification number, or if the agent's card | ||||||
5 | application is pending the Department's approval, a | ||||||
6 | temporary and unique identifier until the agent's card | ||||||
7 | application is approved or denied by the Department; | ||||||
8 | (ii) The dispensing organization's identification | ||||||
9 | number; | ||||||
10 | (iii) The amount, type (including strain, if | ||||||
11 | applicable) of cannabis or cannabis-infused product | ||||||
12 | dispensed; | ||||||
13 | (iv) The date and time the cannabis was dispensed. | ||||||
14 | (b) A dispensing organization shall refuse to sell | ||||||
15 | cannabis or cannabis-infused products to any person unless the | ||||||
16 | person produces a valid identification showing that the person | ||||||
17 | is 21 years of age or older. A medical cannabis dispensing | ||||||
18 | organization may sell cannabis or cannabis-infused products to | ||||||
19 | a person who is under 21 years of age if the sale complies with | ||||||
20 | the provisions of the Compassionate Use of Medical Cannabis | ||||||
21 | Program Act and rules. | ||||||
22 | (c) For the purposes of this Section, valid identification | ||||||
23 | must: | ||||||
24 | (1) Be valid and unexpired; | ||||||
25 | (2) Contain a photograph and the date of birth of the | ||||||
26 | person.
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1 | (d) A dispensing organization may establish a protocol to | ||||||
2 | dispense cannabis on any real property or parking area under | ||||||
3 | the dispensary's ownership or control, such as transactions at | ||||||
4 | drive-through windows. The protocol shall adhere to the | ||||||
5 | requirements for point-of-sale dispensing transactions under | ||||||
6 | this Act, including, but not limited to, camera recordings | ||||||
7 | capturing each sale, the individuals involved, and the | ||||||
8 | computer monitors used for the sale. | ||||||
9 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; | ||||||
10 | 102-98, eff. 7-15-21.)
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