Illinois General Assembly - Full Text of HB1559
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Full Text of HB1559  103rd General Assembly




State of Illinois
2023 and 2024


Introduced 1/31/2023, by Rep. Jawaharial Williams


410 ILCS 705/15-70

    Amends the Cannabis Regulation and Tax Act. Provides that a dispensing organization that sells or offers for sale a pre-rolled joint must stamp the pre-rolled joint with the month, day, and year that it was rolled and packaged for retail sale.

LRB103 25600 CPF 51949 b





HB1559LRB103 25600 CPF 51949 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 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
9with the representations made in its application and license
10materials. It shall be in compliance with this Act and rules.
11    (b) A dispensing organization must include the legal name
12of the dispensary on the packaging of any cannabis product it
14    (c) All cannabis, cannabis-infused products, and cannabis
15seeds must be obtained from an Illinois registered adult use
16cultivation center, craft grower, infuser, or another
18    (d) Dispensing organizations are prohibited from selling
19any product containing alcohol except tinctures, which must be
20limited to containers that are no larger than 100 milliliters.
21    (e) A dispensing organization shall inspect and count
22product received from a transporting organization, adult use
23cultivation center, craft grower, infuser organization, or



HB1559- 2 -LRB103 25600 CPF 51949 b

1other dispensing organization before dispensing it.
2    (f) A dispensing organization may only accept cannabis
3deliveries into a restricted access area. Deliveries may not
4be accepted through the public or limited access areas unless
5otherwise approved by the Department.
6    (g) A dispensing organization shall maintain compliance
7with State and local building, fire, and zoning requirements
8or regulations.
9    (h) A dispensing organization shall submit a list to the
10Department of the names of all service professionals that will
11work at the dispensary. The list shall include a description
12of the type of business or service provided. Changes to the
13service professional list shall be promptly provided. No
14service professional shall work in the dispensary until the
15name is provided to the Department on the service professional
17    (i) A dispensing organization's license allows for a
18dispensary to be operated only at a single location.
19    (j) A dispensary may operate between 6 a.m. and 10 p.m.
20local time.
21    (k) A dispensing organization must keep all lighting
22outside and inside the dispensary in good working order and
23wattage sufficient for security cameras.
24    (l) A dispensing organization must keep all air treatment
25systems that will be installed to reduce odors in good working



HB1559- 3 -LRB103 25600 CPF 51949 b

1    (m) A dispensing organization must contract with a private
2security contractor that is licensed under Section 10-5 of the
3Private Detective, Private Alarm, Private Security,
4Fingerprint Vendor, and Locksmith Act of 2004 to provide
5on-site security at all hours of the dispensary's operation.
6    (n) A dispensing organization shall ensure that any
7building or equipment used by a dispensing organization for
8the storage or sale of cannabis is maintained in a clean and
9sanitary condition.
10    (o) The dispensary shall be free from infestation by
11insects, 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;



HB1559- 4 -LRB103 25600 CPF 51949 b

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



HB1559- 5 -LRB103 25600 CPF 51949 b

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, unless the
15    applicant is a Social Equity Applicant or Social Equity
16    Justice Involved Applicant located or seeking to locate
17    within 1,500 feet of a dispensing organization licensed
18    under Section 15-15 or Section 15-20;
19        (16) Sell clones or any other live plant material;
20        (17) Sell cannabis, cannabis concentrate, or
21    cannabis-infused products in combination or bundled with
22    each other or any other items for one price, and each item
23    of cannabis, concentrate, or cannabis-infused product must
24    be separately identified by quantity and price on the
25    receipt;
26        (18) Violate any other requirements or prohibitions



HB1559- 6 -LRB103 25600 CPF 51949 b

1    set by Department rules.
2    (q) It is unlawful for any person having an Early Approval
3Adult Use Cannabis Dispensing Organization License, a
4Conditional Adult Use Cannabis Dispensing Organization, an
5Adult Use Dispensing Organization License, or a medical
6cannabis dispensing organization license issued under the
7Compassionate Use of Medical Cannabis Program Act or any
8officer, associate, member, representative, or agent of such
9licensee to accept, receive, or borrow money or anything else
10of value or accept or receive credit (other than merchandising
11credit in the ordinary course of business for a period not to
12exceed 30 days) directly or indirectly from any adult use
13cultivation center, craft grower, infuser, or transporting
14organization in exchange for preferential placement on the
15dispensing organization's shelves, display cases, or website.
16This includes anything received or borrowed or from any
17stockholders, officers, agents, or persons connected with an
18adult use cultivation center, craft grower, infuser, or
19transporting organization.
20    (r) It is unlawful for any person having an Early Approval
21Adult Use Cannabis Dispensing Organization License, a
22Conditional Adult Use Cannabis Dispensing Organization, an
23Adult Use Dispensing Organization License, or a medical
24cannabis dispensing organization license issued under the
25Compassionate Use of Medical Cannabis Program to enter into
26any contract with any person licensed to cultivate, process,



HB1559- 7 -LRB103 25600 CPF 51949 b

1or transport cannabis whereby such dispensing organization
2agrees not to sell any cannabis cultivated, processed,
3transported, manufactured, or distributed by any other
4cultivator, transporter, or infuser, and any provision in any
5contract violative of this Section shall render the whole of
6such contract void and no action shall be brought thereon in
7any court.
8    (s) A dispensing organization that sells or offers for
9sale a pre-rolled joint must stamp the pre-rolled joint with
10the month, day, and year that it was rolled and packaged for
11retail sale.
12(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
13102-98, eff. 7-15-21.)