Illinois General Assembly - Full Text of HB4134
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Full Text of HB4134  101st General Assembly




State of Illinois
2019 and 2020


Introduced 1/22/2020, by Rep. Daniel Didech


410 ILCS 705/10-20
410 ILCS 705/15-73 new
410 ILCS 705/15-145

    Amends the Cannabis Regulation and Tax Act. Requires the Department of Public Health to provide by rule for the establishment of a list of self-excluded persons who may request to be placed on the list and are prohibited from entering a dispensary or purchasing any product or service at a dispensary. Provides that the rules must establish specified procedures regarding the list and require dispensaries to establish procedures designed to remove self-excluded persons from targeted mailings or other forms of advertising or promotions and deny self-excluded persons entry and access to the dispensary and the products and services provided by the dispensary. Prohibits dispensaries from allowing entry to or serving any person who is on the self-exclusion list. Provides that the list of self-excluded persons shall be exempt from public inspection, copying, and disclosure, except for the limited purpose of assisting in the proper administration of procedures established under the amendatory Act. Allows the Department of Public Health to adopt rules requiring a dispensing organization to use a purchaser's identification to check whether the purchaser is on the self-exclusion list. Provides that allowing entry to or serving any person who is on the self-exclusion list is grounds for discipline by the Department of Financial and Professional Regulation. Effective immediately.

LRB101 16209 CPF 65581 b





HB4134LRB101 16209 CPF 65581 b

1    AN ACT concerning health.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Cannabis Regulation and Tax Act is amended
5by changing Sections 10-20 and 15-145 and by adding Section
615-73 as follows:
7    (410 ILCS 705/10-20)
8    Sec. 10-20. Identification; false identification; penalty.
9    (a) To protect personal privacy, the Department of
10Financial and Professional Regulation shall not require a
11purchaser to provide a dispensing organization with personal
12information other than government-issued identification to
13determine the purchaser's age, and a dispensing organization
14shall not obtain and record personal information about a
15purchaser without the purchaser's consent. A dispensing
16organization shall use an electronic reader or electronic
17scanning device to scan a purchaser's government-issued
18identification, if applicable, to determine the purchaser's
19age and the validity of the identification. Any identifying or
20personal information of a purchaser obtained or received in
21accordance with this Section shall not be retained, used,
22shared or disclosed for any purpose except as authorized by
23this Act.



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1    (b) A person who is under 21 years of age may not present
2or offer to a cannabis business establishment or the cannabis
3business establishment's principal or employee any written or
4oral evidence of age that is false, fraudulent, or not actually
5the person's own, for the purpose of:
6        (1) purchasing, attempting to purchase, or otherwise
7    obtaining or attempting to obtain cannabis or any cannabis
8    product; or
9        (2) gaining access to a cannabis business
10    establishment.
11    (c) A violation of this Section is a Class A misdemeanor
12consistent with Section 6-20 of the Liquor Control Act of 1934.
13    (d) The Secretary of State may suspend or revoke the
14driving privileges of any person for a violation of this
15Section under Section 6-206 of the Illinois Vehicle Code and
16the rules adopted under it.
17    (e) No agent or employee of the licensee shall be
18disciplined or discharged for selling or furnishing cannabis or
19cannabis products to a person under 21 years of age if the
20agent or employee demanded and was shown, before furnishing
21cannabis or cannabis products to a person under 21 years of
22age, adequate written evidence of age and identity of the
23person. This subsection (e) does not apply if the agent or
24employee accepted the written evidence knowing it to be false
25or fraudulent. Adequate written evidence of age and identity of
26the person is a document issued by a federal, State, county, or



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1municipal government, or subdivision or agency thereof,
2including, but not limited to, a motor vehicle operator's
3license, a registration certificate issued under the Military
4Selective Service Act, or an identification card issued to a
5member of the Armed Forces. Proof that the licensee or his or
6her employee or agent was shown and reasonably relied upon such
7written evidence in any transaction forbidden by this Section
8is an affirmative defense in any criminal prosecution therefor
9or to any proceedings for the suspension or revocation of any
10license based thereon.
11    (f) The Department of Public Health may adopt rules
12requiring a dispensing organization to use a purchaser's
13identification to check whether the purchaser is on the
14self-exclusion list established under Section 15-73 of this
16(Source: P.A. 101-27, eff. 6-25-19.)
17    (410 ILCS 705/15-73 new)
18    Sec. 15-73. Self-exclusion list.
19    (a) The Department of Public Health shall provide by rule
20for the establishment of a list of self-excluded persons who
21are prohibited from entering a dispensary or purchasing any
22product or service at a dispensary. A person may request to be
23placed on the list by acknowledging in a manner to be
24established by the Department of Public Health that the person
25wishes to be excluded and by agreeing that, during any period



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1of voluntary exclusion, the person may not enter any dispensary
2or purchase any product or service at a dispensary.
3    (b) The rules established under subsection (a) shall:
4        (1) establish procedures for placement on, and removal
5    from, the list of self-excluded persons, provided that,
6    notwithstanding any law to the contrary, prior to the
7    removal from the list a hearing must be conducted that is
8    not open to the general public and at which it shall be
9    established by the person seeking removal that there is no
10    longer a basis for the person to be maintained on the
11    self-exclusion list;
12        (2) establish procedures for the transmittal to all
13    dispensaries of identifying information concerning
14    self-excluded persons; and
15        (3) require dispensaries to establish procedures
16    designed to, at a minimum, remove self-excluded persons
17    from targeted mailings or other forms of advertising or
18    promotions and deny self-excluded persons entry and access
19    to the dispensary and the products and services provided by
20    the dispensary.
21    (c) A dispensary shall not allow entry to or serve any
22person who is on the self-exclusion list established under this
24    (d) Notwithstanding any other law to the contrary, the list
25of self-excluded persons shall be exempt from public
26inspection, copying, and disclosure. This subsection shall not



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1be construed to prohibit a dispensary from disclosing the
2identity of a properly self-excluded person for the limited
3purpose of assisting in the proper administration of
4self-exclusion procedures established under this Section.
5    (410 ILCS 705/15-145)
6    Sec. 15-145. Grounds for discipline.
7    (a) The Department may deny issuance, refuse to renew or
8restore, or may reprimand, place on probation, suspend, revoke,
9or take other disciplinary or nondisciplinary action against
10any license or agent identification card or may impose a fine
11for any of the following:
12        (1) Material misstatement in furnishing information to
13    the Department;
14        (2) Violations of this Act or rules;
15        (3) Obtaining an authorization or license by fraud or
16    misrepresentation;
17        (4) A pattern of conduct that demonstrates
18    incompetence or that the applicant has engaged in conduct
19    or actions that would constitute grounds for discipline
20    under this Act;
21        (5) Aiding or assisting another person in violating any
22    provision of this Act or rules;
23        (6) Failing to respond to a written request for
24    information by the Department within 30 days;
25        (7) Engaging in unprofessional, dishonorable, or



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1    unethical conduct of a character likely to deceive,
2    defraud, or harm the public;
3        (8) Adverse action by another United States
4    jurisdiction or foreign nation;
5        (9) A finding by the Department that the licensee,
6    after having his or her license placed on suspended or
7    probationary status, has violated the terms of the
8    suspension or probation;
9        (10) Conviction, entry of a plea of guilty, nolo
10    contendere, or the equivalent in a State or federal court
11    of a principal officer or agent-in-charge of a felony
12    offense in accordance with Sections 2105-131, 2105-135,
13    and 2105-205 of the Department of Professional Regulation
14    Law of the Civil Administrative Code of Illinois;
15        (11) Excessive use of or addiction to alcohol,
16    narcotics, stimulants, or any other chemical agent or drug;
17        (12) A finding by the Department of a discrepancy in a
18    Department audit of cannabis;
19        (13) A finding by the Department of a discrepancy in a
20    Department audit of capital or funds;
21        (14) A finding by the Department of acceptance of
22    cannabis from a source other than an Adult Use Cultivation
23    Center, craft grower, infuser, or transporting
24    organization licensed by the Department of Agriculture, or
25    a dispensing organization licensed by the Department;
26        (15) An inability to operate using reasonable



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1    judgment, skill, or safety due to physical or mental
2    illness or other impairment or disability, including,
3    without limitation, deterioration through the aging
4    process or loss of motor skills or mental incompetence;
5        (16) Failing to report to the Department within the
6    time frames established, or if not identified, 14 days, of
7    any adverse action taken against the dispensing
8    organization or an agent by a licensing jurisdiction in any
9    state or any territory of the United States or any foreign
10    jurisdiction, any governmental agency, any law enforcement
11    agency or any court defined in this Section;
12        (17) Any violation of the dispensing organization's
13    policies and procedures submitted to the Department
14    annually as a condition for licensure;
15        (18) Failure to inform the Department of any change of
16    address within 10 business days;
17        (19) Disclosing customer names, personal information,
18    or protected health information in violation of any State
19    or federal law;
20        (20) Operating a dispensary before obtaining a license
21    from the Department;
22        (21) Performing duties authorized by this Act prior to
23    receiving a license to perform such duties;
24        (22) Dispensing cannabis when prohibited by this Act or
25    rules;
26        (23) Any fact or condition that, if it had existed at



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1    the time of the original application for the license, would
2    have warranted the denial of the license;
3        (24) Permitting a person without a valid agent
4    identification card to perform licensed activities under
5    this Act;
6        (25) Failure to assign an agent-in-charge as required
7    by this Article;
8        (26) Failure to provide the training required by
9    paragraph (3) of subsection (i) of Section 15-40 within the
10    provided timeframe;
11        (27) Personnel insufficient in number or unqualified
12    in training or experience to properly operate the
13    dispensary business;
14        (28) Any pattern of activity that causes a harmful
15    impact on the community; and
16        (29) Failing to prevent diversion, theft, or loss of
17    cannabis; and .
18        (30) Allowing entry to or serving any person who is on
19    the self-exclusion list established under Section 15-73.
20    (b) All fines and fees imposed under this Section shall be
21paid within 60 days after the effective date of the order
22imposing the fine or as otherwise specified in the order.
23    (c) A circuit court order establishing that an
24agent-in-charge or principal officer holding an agent
25identification card is subject to involuntary admission as that
26term is defined in Section 1-119 or 1-119.1 of the Mental



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1Health and Developmental Disabilities Code shall operate as a
2suspension of that card.
3(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
4    Section 99. Effective date. This Act takes effect upon
5becoming law.