Full Text of HB1869 102nd General Assembly
HB1869 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB1869 Introduced 2/17/2021, by Rep. Jawaharial Williams SYNOPSIS AS INTRODUCED: |
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Amends the Cannabis Regulation and Tax Act. Provides that a dispensing organization must be located at least 500 feet from a facility that provides treatment for substance abuse.
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| | A BILL FOR |
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| 1 | | AN ACT concerning health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Cannabis Regulation and Tax Act is amended | 5 | | by changing Section 15-70 as follows: | 6 | | (410 ILCS 705/15-70)
| 7 | | Sec. 15-70. Operational requirements; prohibitions. | 8 | | (a) A dispensing organization shall operate in accordance | 9 | | with the representations made in its application and license | 10 | | materials. It shall be in compliance with this Act and rules. | 11 | | (b) A dispensing organization must include the legal name | 12 | | of the dispensary on the packaging of any cannabis product it | 13 | | sells. | 14 | | (c) All cannabis, cannabis-infused products, and cannabis | 15 | | seeds must be obtained from an Illinois registered adult use | 16 | | cultivation center, craft grower, infuser, or another | 17 | | dispensary. | 18 | | (d) Dispensing organizations are prohibited from selling | 19 | | any product containing alcohol except tinctures, which must be | 20 | | limited to containers that are no larger than 100 milliliters. | 21 | | (e) A dispensing organization shall inspect and count | 22 | | product received from a transporting organization, adult use | 23 | | cultivation center, craft grower, infuser organization, or |
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| 1 | | other dispensing organization before dispensing it. | 2 | | (f) A dispensing organization may only accept cannabis | 3 | | deliveries into a restricted access area. Deliveries may not | 4 | | be accepted through the public or limited access areas unless | 5 | | otherwise approved by the Department. | 6 | | (g) A dispensing organization shall maintain compliance | 7 | | with State and local building, fire, and zoning requirements | 8 | | or regulations. | 9 | | (h) A dispensing organization shall submit a list to the | 10 | | Department of the names of all service professionals that will | 11 | | work at the dispensary. The list shall include a description | 12 | | of the type of business or service provided. Changes to the | 13 | | service professional list shall be promptly provided. No | 14 | | service professional shall work in the dispensary until the | 15 | | name is provided to the Department on the service professional | 16 | | list. | 17 | | (i) A dispensing organization's license allows for a | 18 | | dispensary to be operated only at a single location. | 19 | | (j) A dispensary may operate between 6 a.m. and 10 p.m. | 20 | | local time. | 21 | | (k) A dispensing organization must keep all lighting | 22 | | outside and inside the dispensary in good working order and | 23 | | wattage sufficient for security cameras. | 24 | | (l) A dispensing organization must keep all air treatment | 25 | | systems that will be installed to reduce odors in good working | 26 | | order. |
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| 1 | | (m) A dispensing organization must contract with a private | 2 | | security contractor that is licensed under Section 10-5 of the | 3 | | Private Detective, Private Alarm, Private Security, | 4 | | Fingerprint Vendor, and Locksmith Act of 2004 to provide | 5 | | on-site security at all hours of the dispensary's operation. | 6 | | (n) A dispensing organization shall ensure that any | 7 | | building or equipment used by a dispensing organization for | 8 | | the storage or sale of cannabis is maintained in a clean and | 9 | | sanitary condition. | 10 | | (o) The dispensary shall be free from infestation by | 11 | | insects, rodents, or pests. | 12 | | (p) A dispensing organization shall not: | 13 | | (1) Produce or manufacture cannabis; | 14 | | (2) Accept a cannabis product from an adult use | 15 | | cultivation center, craft grower, infuser, dispensing | 16 | | organization, or transporting organization unless it is | 17 | | pre-packaged and labeled in accordance with this Act and | 18 | | any rules that may be adopted pursuant to this Act; | 19 | | (3) Obtain cannabis or cannabis-infused products from | 20 | | outside the State of Illinois; | 21 | | (4) Sell cannabis or cannabis-infused products to a | 22 | | purchaser unless the dispensing organization is licensed | 23 | | under the Compassionate Use of Medical Cannabis Program | 24 | | Act, and the individual is registered under the | 25 | | Compassionate Use of Medical Cannabis Program or the | 26 | | purchaser has been verified to be 21 years of age or older; |
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| 1 | | (5) Enter into an exclusive agreement with any adult | 2 | | use cultivation center, craft grower, or infuser. | 3 | | Dispensaries shall provide consumers an assortment of | 4 | | products from various cannabis business establishment | 5 | | licensees such that the inventory available for sale at | 6 | | any dispensary from any single cultivation center, craft | 7 | | grower, processor, transporter, or infuser entity shall | 8 | | not be more than 40% of the total inventory available for | 9 | | sale. For the purpose of this subsection, a cultivation | 10 | | center, craft grower, processor, or infuser shall be | 11 | | considered part of the same entity if the licensees share | 12 | | at least one principal officer. The Department may request | 13 | | that a dispensary diversify its products as needed or | 14 | | otherwise discipline a dispensing organization for | 15 | | violating this requirement; | 16 | | (6) Refuse to conduct business with an adult use | 17 | | cultivation center, craft grower, transporting | 18 | | organization, or infuser that has the ability to properly | 19 | | deliver the product and is permitted by the Department of | 20 | | Agriculture, on the same terms as other adult use | 21 | | cultivation centers, craft growers, infusers, or | 22 | | transporters with whom it is dealing; | 23 | | (7) Operate drive-through windows; | 24 | | (8) Allow for the dispensing of cannabis or | 25 | | cannabis-infused products in vending machines; | 26 | | (9) Transport cannabis to residences or other |
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| 1 | | locations where purchasers may be for delivery; | 2 | | (10) Enter into agreements to allow persons who are | 3 | | not dispensing organization agents to deliver cannabis or | 4 | | to transport cannabis to purchasers; | 5 | | (11) Operate a dispensary if its video surveillance | 6 | | equipment is inoperative; | 7 | | (12) Operate a dispensary if the point-of-sale | 8 | | equipment is inoperative; | 9 | | (13) Operate a dispensary if the State's cannabis | 10 | | electronic verification system is inoperative; | 11 | | (14) Have fewer than 2 people working at the | 12 | | dispensary at any time while the dispensary is open; | 13 | | (15) Be located within 1,500 feet of the property line | 14 | | of a pre-existing dispensing organization; | 15 | | (16) Sell clones or any other live plant material; | 16 | | (17) Sell cannabis, cannabis concentrate, or | 17 | | cannabis-infused products in combination or bundled with | 18 | | each other or any other items for one price, and each item | 19 | | of cannabis, concentrate, or cannabis-infused product must | 20 | | be separately identified by quantity and price on the | 21 | | receipt; | 22 | | (18) Violate any other requirements or prohibitions | 23 | | set by Department rules. | 24 | | (q) It is unlawful for any person having an Early Approval | 25 | | Adult Use Cannabis Dispensing Organization License, a | 26 | | Conditional Adult Use Cannabis Dispensing Organization, an |
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| 1 | | Adult Use Dispensing Organization License, or a medical | 2 | | cannabis dispensing organization license issued under the | 3 | | Compassionate Use of Medical Cannabis Program Act or any | 4 | | officer, associate, member, representative, or agent of such
| 5 | | licensee to accept, receive, or borrow money or anything else
| 6 | | of value or accept or receive credit (other than merchandising
| 7 | | credit in the ordinary course of business for a period not to
| 8 | | exceed 30 days) directly or indirectly from any adult use
| 9 | | cultivation center, craft grower, infuser, or transporting
| 10 | | organization in exchange for preferential placement on the | 11 | | dispensing organization's shelves, display cases, or website. | 12 | | This includes anything received or borrowed or from any | 13 | | stockholders, officers, agents, or persons connected with an | 14 | | adult
use cultivation center, craft grower, infuser, or
| 15 | | transporting organization. | 16 | | (r) It is unlawful for any person having an Early Approval | 17 | | Adult Use Cannabis Dispensing Organization License, a | 18 | | Conditional Adult Use Cannabis Dispensing Organization, an | 19 | | Adult Use Dispensing Organization License, or a medical | 20 | | cannabis dispensing organization license issued under the | 21 | | Compassionate Use of Medical Cannabis Program to enter into | 22 | | any contract with any person licensed to cultivate, process, | 23 | | or transport cannabis whereby such dispensing organization | 24 | | agrees not to sell any cannabis cultivated, processed, | 25 | | transported, manufactured, or distributed by any other | 26 | | cultivator, transporter, or infuser, and any provision in any |
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| 1 | | contract violative of this Section shall render the whole of | 2 | | such contract void and no action shall be brought thereon in | 3 | | any court. | 4 | | (s) A dispensing organization must be located at least 500 | 5 | | feet from a facility that provides treatment for substance | 6 | | abuse.
| 7 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
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