Full Text of HB0122 101st General Assembly
HB0122sam001 101ST GENERAL ASSEMBLY | Sen. Cristina Castro Filed: 1/12/2021
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| 1 | | AMENDMENT TO HOUSE BILL 122
| 2 | | AMENDMENT NO. ______. Amend House Bill 122 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Compassionate Use of Medical Cannabis | 5 | | Program Act is amended by changing Section 100 as follows: | 6 | | (410 ILCS 130/100)
| 7 | | Sec. 100. Cultivation center agent identification card. | 8 | | (a) The Department of Agriculture shall:
| 9 | | (1) verify the information contained in an application | 10 | | or renewal for a cultivation center identification card | 11 | | submitted under this Act, and approve or deny an | 12 | | application or renewal, within 30 days of receiving a | 13 | | completed application or renewal application and all | 14 | | supporting documentation required by rule;
| 15 | | (2) issue a cultivation center agent identification | 16 | | card to a qualifying agent within 15 business days of |
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| 1 | | approving the application or renewal;
| 2 | | (3) enter the registry identification number of the | 3 | | cultivation center where the agent works; and
| 4 | | (4) allow for an electronic application process, and | 5 | | provide a confirmation by electronic or other methods that | 6 | | an application has been submitted.
| 7 | | (b) A cultivation center agent must keep his or her | 8 | | identification card visible at all times when on the property | 9 | | of a cultivation center and during the transportation of | 10 | | medical cannabis to a registered dispensary organization.
| 11 | | (c) The cultivation center agent identification cards | 12 | | shall contain the following:
| 13 | | (1) the name of the cardholder;
| 14 | | (2) the date of issuance and expiration date of | 15 | | cultivation center agent identification cards;
| 16 | | (3) a random 10 digit alphanumeric identification | 17 | | number containing at least 4 numbers and at least 4 | 18 | | letters; that is unique to the holder; and
| 19 | | (4) a photograph of the cardholder.
| 20 | | (d) The cultivation center agent identification cards | 21 | | shall be immediately returned to the cultivation center upon | 22 | | termination of employment.
| 23 | | (e) Any card lost by a cultivation center agent shall be | 24 | | reported to the State Police and the Department of Agriculture | 25 | | immediately upon discovery of the loss.
| 26 | | (f) An applicant shall be denied a cultivation center agent |
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| 1 | | identification card if he or she has been convicted of an | 2 | | excluded offense.
| 3 | | (g) An agent may begin employment at a cultivation center | 4 | | while the agent's identification card application is pending. | 5 | | Upon approval, the Department shall issue the agent's | 6 | | identification card to the cultivation center agent applicant. | 7 | | If denied, the cultivation center and the applicant shall be | 8 | | notified and the applicant must cease all activity at the | 9 | | cultivation center immediately. | 10 | | (Source: P.A. 98-122, eff. 1-1-14 .) | 11 | | Section 10. The Cannabis Regulation and Tax Act is amended | 12 | | by changing Sections 1-10, 15-25, 15-40, 20-35, 25-35, 30-35, | 13 | | 35-30, 40-30, 55-21 and by adding Section 15-30.1 as follows: | 14 | | (410 ILCS 705/1-10)
| 15 | | Sec. 1-10. Definitions. In this Act: | 16 | | "Adult Use Cultivation Center License" means a license | 17 | | issued by the Department of Agriculture that permits a person | 18 | | to act as a cultivation center under this Act and any | 19 | | administrative rule made in furtherance of this Act. | 20 | | "Adult Use Dispensing Organization License" means a | 21 | | license issued by the Department of Financial and Professional | 22 | | Regulation that permits a person to act as a dispensing | 23 | | organization under this Act and any administrative rule made in | 24 | | furtherance of this Act. |
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| 1 | | "Advertise" means to engage in promotional activities | 2 | | including, but not limited to: newspaper, radio, Internet and | 3 | | electronic media, and television advertising; the distribution | 4 | | of fliers and circulars; billboard advertising; and the display | 5 | | of window and interior signs. "Advertise" does not mean | 6 | | exterior signage displaying only the name of the licensed | 7 | | cannabis business establishment. | 8 | | "Application points" means the number of points a | 9 | | dispensary applicant receives on an application for a | 10 | | Conditional Adult Use Dispensing Organization License. | 11 | | "By lot" means a randomized method of choosing between 2 or | 12 | | more eligible tied applicants or 2 or more qualifying | 13 | | applicants. | 14 | | "BLS Region" means a region in Illinois used by the United | 15 | | States Bureau of Labor Statistics to gather and categorize | 16 | | certain employment and wage data. The 17 such regions in | 17 | | Illinois are: Bloomington, Cape Girardeau, Carbondale-Marion, | 18 | | Champaign-Urbana, Chicago-Naperville-Elgin, Danville, | 19 | | Davenport-Moline-Rock Island, Decatur, Kankakee, Peoria, | 20 | | Rockford, St. Louis, Springfield, Northwest Illinois | 21 | | nonmetropolitan area, West Central Illinois nonmetropolitan | 22 | | area, East Central Illinois nonmetropolitan area, and South | 23 | | Illinois nonmetropolitan area. | 24 | | "Cannabis" means marijuana, hashish, and other substances | 25 | | that are identified as including any parts of the plant | 26 | | Cannabis sativa and including derivatives or subspecies, such |
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| 1 | | as indica, of all strains of cannabis, whether growing or not; | 2 | | the seeds thereof, the resin extracted from any part of the | 3 | | plant; and any compound, manufacture, salt, derivative, | 4 | | mixture, or preparation of the plant, its seeds, or resin, | 5 | | including tetrahydrocannabinol (THC) and all other naturally | 6 | | produced cannabinol derivatives, whether produced directly or | 7 | | indirectly by extraction; however, "cannabis" does not include | 8 | | the mature stalks of the plant, fiber produced from the stalks, | 9 | | oil or cake made from the seeds of the plant, any other | 10 | | compound, manufacture, salt, derivative, mixture, or | 11 | | preparation of the mature stalks (except the resin extracted | 12 | | from it), fiber, oil or cake, or the sterilized seed of the | 13 | | plant that is incapable of germination. "Cannabis" does not | 14 | | include industrial hemp as defined and authorized under the | 15 | | Industrial Hemp Act. "Cannabis" also means cannabis flower, | 16 | | concentrate, and cannabis-infused products. | 17 | | "Cannabis business establishment" means a cultivation | 18 | | center, craft grower, processing organization, infuser | 19 | | organization, dispensing organization, or transporting | 20 | | organization. | 21 | | "Cannabis concentrate" means a product derived from | 22 | | cannabis that is produced by extracting cannabinoids, | 23 | | including tetrahydrocannabinol (THC), from the plant through | 24 | | the use of propylene glycol, glycerin, butter, olive oil or | 25 | | other typical cooking fats; water, ice, or dry ice; or butane, | 26 | | propane, CO 2 , ethanol, or isopropanol and with the intended use |
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| 1 | | of smoking or making a cannabis-infused product. The use of any | 2 | | other solvent is expressly prohibited unless and until it is | 3 | | approved by the Department of Agriculture. | 4 | | "Cannabis container" means a sealed or resealable , | 5 | | traceable, container, or package used for the purpose of | 6 | | containment of cannabis or cannabis-infused product during | 7 | | transportation. | 8 | | "Cannabis flower" means marijuana, hashish, and other | 9 | | substances that are identified as including any parts of the | 10 | | plant Cannabis sativa and including derivatives or subspecies, | 11 | | such as indica, of all strains of cannabis; including raw kief, | 12 | | leaves, and buds, but not resin that has been extracted from | 13 | | any part of such plant; nor any compound, manufacture, salt, | 14 | | derivative, mixture, or preparation of such plant, its seeds, | 15 | | or resin. | 16 | | "Cannabis-infused product" means a beverage, food, oil, | 17 | | ointment, tincture, topical formulation, or another product | 18 | | containing cannabis or cannabis concentrate that is not | 19 | | intended to be smoked. | 20 | | "Cannabis paraphernalia" means equipment, products, or | 21 | | materials intended to be used for planting, propagating, | 22 | | cultivating, growing, harvesting, manufacturing, producing, | 23 | | processing, preparing, testing, analyzing, packaging, | 24 | | repackaging, storing, containing, concealing, ingesting, or | 25 | | otherwise introducing cannabis into the human body. | 26 | | "Cannabis plant monitoring system" or "plant monitoring |
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| 1 | | system" means a system that includes, but is not limited to, | 2 | | testing and data collection established and maintained by the | 3 | | cultivation center, craft grower, or processing organization | 4 | | and that is available to the Department of Revenue, the | 5 | | Department of Agriculture, the Department of Financial and | 6 | | Professional Regulation, and the Department of State Police for | 7 | | the purposes of documenting each cannabis plant and monitoring | 8 | | plant development throughout the life cycle of a cannabis plant | 9 | | cultivated for the intended use by a customer from seed | 10 | | planting to final packaging. | 11 | | "Cannabis testing facility" means an entity registered by | 12 | | the Department of Agriculture to test cannabis for potency and | 13 | | contaminants. | 14 | | "Clone" means a plant section from a female cannabis plant | 15 | | not yet rootbound, growing in a water solution or other | 16 | | propagation matrix, that is capable of developing into a new | 17 | | plant. | 18 | | "Community College Cannabis Vocational Training Pilot | 19 | | Program faculty participant" means a person who is 21 years of | 20 | | age or older, licensed by the Department of Agriculture, and is | 21 | | employed or contracted by an Illinois community college to | 22 | | provide student instruction using cannabis plants at an | 23 | | Illinois Community College. | 24 | | "Community College Cannabis Vocational Training Pilot | 25 | | Program faculty participant Agent Identification Card" means a | 26 | | document issued by the Department of Agriculture that |
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| 1 | | identifies a person as Community College Cannabis Vocational | 2 | | Training Pilot Program faculty participant. | 3 | | "Conditional Adult Use Dispensing Organization License" | 4 | | means a contingent license awarded to top-scoring applicants | 5 | | for an Adult Use Dispensing Organization License that reserves | 6 | | the right to an Adult Use Dispensing Organization License if | 7 | | the applicant meets certain conditions described in this Act , | 8 | | but does not entitle the recipient to begin purchasing or | 9 | | selling cannabis or cannabis-infused products. | 10 | | "Conditional Adult Use Cultivation Center License" means a | 11 | | license awarded to top-scoring applicants for an Adult Use | 12 | | Cultivation Center License that reserves the right to an Adult | 13 | | Use Cultivation Center License if the applicant meets certain | 14 | | conditions as determined by the Department of Agriculture by | 15 | | rule, but does not entitle the recipient to begin growing, | 16 | | processing, or selling cannabis or cannabis-infused products. | 17 | | "Craft grower" means a facility operated by an organization | 18 | | or business that is licensed by the Department of Agriculture | 19 | | to cultivate, dry, cure, and package cannabis and perform other | 20 | | necessary activities to make cannabis available for sale at a | 21 | | dispensing organization or use at a processing organization. A | 22 | | craft grower may contain up to 5,000 square feet of canopy | 23 | | space on its premises for plants in the flowering state. The | 24 | | Department of Agriculture may authorize an increase or decrease | 25 | | of flowering stage cultivation space in increments of 3,000 | 26 | | square feet by rule based on market need, craft grower |
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| 1 | | capacity, and the licensee's history of compliance or | 2 | | noncompliance, with a maximum space of 14,000 square feet for | 3 | | cultivating plants in the flowering stage, which must be | 4 | | cultivated in all stages of growth in an enclosed and secure | 5 | | area. A craft grower may share premises with a processing | 6 | | organization or a dispensing organization, or both, provided | 7 | | each licensee stores currency and cannabis or cannabis-infused | 8 | | products in a separate secured vault to which the other | 9 | | licensee does not have access or all licensees sharing a vault | 10 | | share more than 50% of the same ownership. | 11 | | "Craft grower agent" means a principal officer, board | 12 | | member, employee, or other agent of a craft grower who is 21 | 13 | | years of age or older. | 14 | | "Craft Grower Agent Identification Card" means a document | 15 | | issued by the Department of Agriculture that identifies a | 16 | | person as a craft grower agent. | 17 | | "Cultivation center" means a facility operated by an | 18 | | organization or business that is licensed by the Department of | 19 | | Agriculture to cultivate, process, transport (unless otherwise | 20 | | limited by this Act), and perform other necessary activities to | 21 | | provide cannabis and cannabis-infused products to cannabis | 22 | | business establishments. | 23 | | "Cultivation center agent" means a principal officer, | 24 | | board member, employee, or other agent of a cultivation center | 25 | | who is 21 years of age or older. | 26 | | "Cultivation Center Agent Identification Card" means a |
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| 1 | | document issued by the Department of Agriculture that | 2 | | identifies a person as a cultivation center agent. | 3 | | "Currency" means currency and coin of the United States. | 4 | | "Dispensary" means a facility operated by a dispensing | 5 | | organization at which activities licensed by this Act may | 6 | | occur. | 7 | | "Dispensary applicant" means the proposed dispensing | 8 | | organization name as stated on an application for a Conditional | 9 | | Adult Use Dispensing Organization License. | 10 | | "Dispensing organization" means a facility operated by an | 11 | | organization or business that is licensed by the Department of | 12 | | Financial and Professional Regulation to acquire cannabis from | 13 | | a cultivation center, craft grower, processing organization, | 14 | | or another dispensary for the purpose of selling or dispensing | 15 | | cannabis, cannabis-infused products, cannabis seeds, | 16 | | paraphernalia, or related supplies under this Act to purchasers | 17 | | or to qualified registered medical cannabis patients and | 18 | | caregivers. As used in this Act, "dispensing organization" | 19 | | includes a registered medical cannabis organization as defined | 20 | | in the Compassionate Use of Medical Cannabis Program Act or its | 21 | | successor Act that has obtained an Early Approval Adult Use | 22 | | Dispensing Organization License. | 23 | | "Dispensing organization agent" means a principal officer, | 24 | | employee, or agent of a dispensing organization who is 21 years | 25 | | of age or older. | 26 | | "Dispensing organization agent identification card" means |
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| 1 | | a document issued by the Department of Financial and | 2 | | Professional Regulation that identifies a person as a | 3 | | dispensing organization agent. | 4 | | "Disproportionately Impacted Area" means a census tract or | 5 | | comparable geographic area that satisfies the following | 6 | | criteria as determined by the Department of Commerce and | 7 | | Economic Opportunity, that: | 8 | | (1) meets at least one of the following criteria: | 9 | | (A) the area has a poverty rate of at least 20% | 10 | | according to the latest federal decennial census; or | 11 | | (B) 75% or more of the children in the area | 12 | | participate in the federal free lunch program | 13 | | according to reported statistics from the State Board | 14 | | of Education; or | 15 | | (C) at least 20% of the households in the area | 16 | | receive assistance under the Supplemental Nutrition | 17 | | Assistance Program; or | 18 | | (D) the area has an average unemployment rate, as | 19 | | determined by the Illinois Department of Employment | 20 | | Security, that is more than 120% of the national | 21 | | unemployment average, as determined by the United | 22 | | States Department of Labor, for a period of at least 2 | 23 | | consecutive calendar years preceding the date of the | 24 | | application; and | 25 | | (2) has high rates of arrest, conviction, and | 26 | | incarceration related to the sale, possession, use, |
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| 1 | | cultivation, manufacture, or transport of cannabis. | 2 | | "Early Approval Adult Use Cultivation Center License" | 3 | | means a license that permits a medical cannabis cultivation | 4 | | center licensed under the Compassionate Use of Medical Cannabis | 5 | | Program Act as of the effective date of this Act to begin | 6 | | cultivating, infusing, packaging, transporting (unless | 7 | | otherwise provided in this Act), processing and selling | 8 | | cannabis or cannabis-infused product to cannabis business | 9 | | establishments for resale to purchasers as permitted by this | 10 | | Act as of January 1, 2020. | 11 | | "Early Approval Adult Use Dispensing Organization License" | 12 | | means a license that permits a medical cannabis dispensing | 13 | | organization licensed under the Compassionate Use of Medical | 14 | | Cannabis Program Act as of the effective date of this Act to | 15 | | begin selling cannabis or cannabis-infused product to | 16 | | purchasers as permitted by this Act as of January 1, 2020. | 17 | | "Early Approval Adult Use Dispensing Organization at a | 18 | | secondary site" means a license that permits a medical cannabis | 19 | | dispensing organization licensed under the Compassionate Use | 20 | | of Medical Cannabis Program Act as of the effective date of | 21 | | this Act to begin selling cannabis or cannabis-infused product | 22 | | to purchasers as permitted by this Act on January 1, 2020 at a | 23 | | different dispensary location from its existing registered | 24 | | medical dispensary location. | 25 | | "Eligible tied applicant" means a tied applicant that is | 26 | | eligible to participate in the process by which a remaining |
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| 1 | | available license is distributed by lot pursuant to a Tied | 2 | | Applicant Lottery. | 3 | | "Enclosed, locked facility" means a room, greenhouse, | 4 | | building, or other enclosed area equipped with locks or other | 5 | | security devices that permit access only by cannabis business | 6 | | establishment agents working for the licensed cannabis | 7 | | business establishment or acting pursuant to this Act to | 8 | | cultivate, process, store, or distribute cannabis. | 9 | | "Enclosed, locked space" means a closet, room, greenhouse, | 10 | | building or other enclosed area equipped with locks or other | 11 | | security devices that permit access only by authorized | 12 | | individuals under this Act. "Enclosed, locked space" may | 13 | | include: | 14 | | (1) a space within a residential building that (i) is | 15 | | the primary residence of the individual cultivating 5 or | 16 | | fewer cannabis plants that are more than 5 inches tall and | 17 | | (ii) includes sleeping quarters and indoor plumbing. The | 18 | | space must only be accessible by a key or code that is | 19 | | different from any key or code that can be used to access | 20 | | the residential building from the exterior; or | 21 | | (2) a structure, such as a shed or greenhouse, that | 22 | | lies on the same plot of land as a residential building | 23 | | that (i) includes sleeping quarters and indoor plumbing and | 24 | | (ii) is used as a primary residence by the person | 25 | | cultivating 5 or fewer cannabis plants that are more than 5 | 26 | | inches tall, such as a shed or greenhouse. The structure |
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| 1 | | must remain locked when it is unoccupied by people. | 2 | | "Financial institution" has the same meaning as "financial | 3 | | organization" as defined in Section 1501 of the Illinois Income | 4 | | Tax Act, and also includes the holding companies, subsidiaries, | 5 | | and affiliates of such financial organizations. | 6 | | "Flowering stage" means the stage of cultivation where and | 7 | | when a cannabis plant is cultivated to produce plant material | 8 | | for cannabis products. This includes mature plants as follows: | 9 | | (1) if greater than 2 stigmas are visible at each | 10 | | internode of the plant; or | 11 | | (2) if the cannabis plant is in an area that has been | 12 | | intentionally deprived of light for a period of time | 13 | | intended to produce flower buds and induce maturation, from | 14 | | the moment the light deprivation began through the | 15 | | remainder of the marijuana plant growth cycle. | 16 | | "Individual" means a natural person. | 17 | | "Infuser organization" or "infuser" means a facility | 18 | | operated by an organization or business that is licensed by the | 19 | | Department of Agriculture to directly incorporate cannabis or | 20 | | cannabis concentrate into a product formulation to produce a | 21 | | cannabis-infused product. | 22 | | "Kief" means the resinous crystal-like trichomes that are | 23 | | found on cannabis and that are accumulated, resulting in a | 24 | | higher concentration of cannabinoids, untreated by heat or | 25 | | pressure, or extracted using a solvent. | 26 | | "Labor peace agreement" means an agreement between a |
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| 1 | | cannabis business establishment and any labor organization | 2 | | recognized under the National Labor Relations Act, referred to | 3 | | in this Act as a bona fide labor organization, that prohibits | 4 | | labor organizations and members from engaging in picketing, | 5 | | work stoppages, boycotts, and any other economic interference | 6 | | with the cannabis business establishment. This agreement means | 7 | | that the cannabis business establishment has agreed not to | 8 | | disrupt efforts by the bona fide labor organization to | 9 | | communicate with, and attempt to organize and represent, the | 10 | | cannabis business establishment's employees. The agreement | 11 | | shall provide a bona fide labor organization access at | 12 | | reasonable times to areas in which the cannabis business | 13 | | establishment's employees work, for the purpose of meeting with | 14 | | employees to discuss their right to representation, employment | 15 | | rights under State law, and terms and conditions of employment. | 16 | | This type of agreement shall not mandate a particular method of | 17 | | election or certification of the bona fide labor organization. | 18 | | "Limited access area" means a room or other area under the | 19 | | control of a cannabis dispensing organization licensed under | 20 | | this Act and upon the licensed premises where cannabis sales | 21 | | occur with access limited to purchasers, dispensing | 22 | | organization owners and other dispensing organization agents, | 23 | | or service professionals conducting business with the | 24 | | dispensing organization, or, if sales to registered qualifying | 25 | | patients, caregivers, provisional patients, and Opioid | 26 | | Alternative Pilot Program participants licensed pursuant to |
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| 1 | | the Compassionate Use of Medical Cannabis Program Act are also | 2 | | permitted at the dispensary, registered qualifying patients, | 3 | | caregivers, provisional patients, and Opioid Alternative Pilot | 4 | | Program participants. | 5 | | "Member of an impacted family" means an individual who has | 6 | | a parent, legal guardian, child, spouse, or dependent, or was a | 7 | | dependent of an individual who, prior to the effective date of | 8 | | this Act, was arrested for, convicted of, or adjudicated | 9 | | delinquent for any offense that is eligible for expungement | 10 | | under this Act. | 11 | | "Mother plant" means a cannabis plant that is cultivated or | 12 | | maintained for the purpose of generating clones, and that will | 13 | | not be used to produce plant material for sale to an infuser or | 14 | | dispensing organization. | 15 | | "Ordinary public view" means within the sight line with | 16 | | normal visual range of a person, unassisted by visual aids, | 17 | | from a public street or sidewalk adjacent to real property, or | 18 | | from within an adjacent property. | 19 | | "Ownership and control" means ownership of at least 51% of | 20 | | the business, including corporate stock if a corporation, and | 21 | | control over the management and day-to-day operations of the | 22 | | business and an interest in the capital, assets, and profits | 23 | | and losses of the business proportionate to percentage of | 24 | | ownership. | 25 | | "Person" means a natural individual, firm, partnership, | 26 | | association, joint stock company, joint venture, public or |
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| 1 | | private corporation, limited liability company, or a receiver, | 2 | | executor, trustee, guardian, or other representative appointed | 3 | | by order of any court. | 4 | | "Possession limit" means the amount of cannabis under | 5 | | Section 10-10 that may be possessed at any one time by a person | 6 | | 21 years of age or older or who is a registered qualifying | 7 | | medical cannabis patient or caregiver under the Compassionate | 8 | | Use of Medical Cannabis Program Act. | 9 | | "Principal officer" includes a cannabis business | 10 | | establishment applicant or licensed cannabis business | 11 | | establishment's board member, owner with more than 1% interest | 12 | | of the total cannabis business establishment or more than 5% | 13 | | interest of the total cannabis business establishment of a | 14 | | publicly traded company, president, vice president, secretary, | 15 | | treasurer, partner, officer, member, manager member, or person | 16 | | with a profit sharing, financial interest, or revenue sharing | 17 | | arrangement. The definition includes a person with authority to | 18 | | control the cannabis business establishment, a person who | 19 | | assumes responsibility for the debts of the cannabis business | 20 | | establishment and who is further defined in this Act. | 21 | | "Primary residence" means a dwelling where a person usually | 22 | | stays or stays more often than other locations. It may be | 23 | | determined by, without limitation, presence, tax filings; | 24 | | address on an Illinois driver's license, an Illinois | 25 | | Identification Card, or an Illinois Person with a Disability | 26 | | Identification Card; or voter registration. No person may have |
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| 1 | | more than one primary residence. | 2 | | "Processing organization" or "processor" means a facility | 3 | | operated by an organization or business that is licensed by the | 4 | | Department of Agriculture to either extract constituent | 5 | | chemicals or compounds to produce cannabis concentrate or | 6 | | incorporate cannabis or cannabis concentrate into a product | 7 | | formulation to produce a cannabis product. | 8 | | "Processing organization agent" means a principal officer, | 9 | | board member, employee, or agent of a processing organization. | 10 | | "Processing organization agent identification card" means | 11 | | a document issued by the Department of Agriculture that | 12 | | identifies a person as a processing organization agent. | 13 | | "Purchaser" means a person 21 years of age or older who | 14 | | acquires cannabis for a valuable consideration. "Purchaser" | 15 | | does not include a cardholder under the Compassionate Use of | 16 | | Medical Cannabis Program Act. | 17 | | "Qualifying applicant" means an applicant that submitted | 18 | | an application pursuant to Section 15-30 that received at least | 19 | | 85% of 250 available application points pursuant to the | 20 | | application scoring procedure described in subsection (c) of | 21 | | Section 15-30, including any supplemental process to correct | 22 | | deficiencies. | 23 | | "Qualifying Applicant Lottery" means the process for | 24 | | awarding Conditional Adult Use Dispensing Organization | 25 | | Licenses among qualifying applicants pursuant to Section | 26 | | 15-30.1. |
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| 1 | | "Qualified Social Equity Applicant" means a Social Equity | 2 | | Applicant who has been awarded a conditional license under this | 3 | | Act to operate a cannabis business establishment. | 4 | | "Resided" means an individual's primary residence was | 5 | | located within the relevant geographic area as established by 2 | 6 | | of the following: | 7 | | (1) a signed lease agreement that includes the | 8 | | applicant's name; | 9 | | (2) a property deed that includes the applicant's name; | 10 | | (3) school records; | 11 | | (4) a voter registration card; | 12 | | (5) an Illinois driver's license, an Illinois | 13 | | Identification Card, or an Illinois Person with a | 14 | | Disability Identification Card; | 15 | | (6) a paycheck stub; | 16 | | (7) a utility bill; | 17 | | (8) tax records; or | 18 | | (9) any other proof of residency or other information | 19 | | necessary to establish residence as provided by rule. | 20 | | "Smoking" means the inhalation of smoke caused by the | 21 | | combustion of cannabis. | 22 | | "Social Equity Applicant" means an applicant that is an | 23 | | Illinois resident that meets one of the following criteria: | 24 | | (1) an applicant with at least 51% ownership and | 25 | | control by one or more individuals who have resided for at | 26 | | least 5 of the preceding 10 years in a Disproportionately |
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| 1 | | Impacted Area; | 2 | | (2) an applicant with at least 51% ownership and | 3 | | control by one or more individuals who:
| 4 | | (i) have been arrested for, convicted of, or | 5 | | adjudicated delinquent for any offense that is | 6 | | eligible for expungement under this Act; or
| 7 | | (ii) is a member of an impacted family; | 8 | | (3) for applicants with a minimum of 10 full-time | 9 | | employees, an applicant with at least 51% of current | 10 | | employees who: | 11 | | (i) currently reside in a Disproportionately | 12 | | Impacted Area; or | 13 | | (ii) have been arrested for, convicted of, or | 14 | | adjudicated delinquent for any offense that is | 15 | | eligible for expungement under this Act or member of an | 16 | | impacted family. | 17 | | Nothing in this Act shall be construed to preempt or limit | 18 | | the duties of any employer under the Job Opportunities for | 19 | | Qualified Applicants Act. Nothing in this Act shall permit an | 20 | | employer to require an employee to disclose sealed or expunged | 21 | | offenses, unless otherwise required by law. | 22 | | "Tincture" means a cannabis-infused solution, typically | 23 | | comprised of alcohol, glycerin, or vegetable oils, derived | 24 | | either directly from the cannabis plant or from a processed | 25 | | cannabis extract. A tincture is not an alcoholic liquor as | 26 | | defined in the Liquor Control Act of 1934. A tincture shall |
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| 1 | | include a calibrated dropper or other similar device capable of | 2 | | accurately measuring servings. | 3 | | "Tied applicant" means a dispensary applicant that | 4 | | submitted an application pursuant to Section 15-30 that | 5 | | received the same number of application points pursuant to the | 6 | | application scoring procedure described in subsection (c) of | 7 | | Section 15-30 as one or more top-scoring applications in the | 8 | | same BLS Region and would have been awarded a license but for | 9 | | the one or more other top-scoring applications that received | 10 | | the same number of application points, including any | 11 | | applications scored pursuant to a supplemental process to | 12 | | correct deficiencies. Each application score that is attached | 13 | | to a dispensary applicant that has previously paid the required | 14 | | application fee for the application period ending January 2, | 15 | | 2020 creates a separate Tied applicant. | 16 | | "Tied Applicant Lottery" means the process established in | 17 | | Sections 1291.10 and 1291.50 of Title 68 of the Illinois | 18 | | Administrative Code for awarding Conditional Adult Use | 19 | | Dispensing Organization Licenses pursuant to Sections 15-25 | 20 | | and 15-30 among eligible tied applicants. | 21 | | "Transporting organization" or "transporter" means an | 22 | | organization or business that is licensed by the Department of | 23 | | Agriculture to transport cannabis or cannabis-infused product | 24 | | on behalf of a cannabis business establishment or a community | 25 | | college licensed under the Community
College Cannabis | 26 | | Vocational Training Pilot Program.
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| 1 | | "Transporting organization agent" means a principal | 2 | | officer, board member, employee, or agent of a transporting | 3 | | organization. | 4 | | "Transporting organization agent identification card" | 5 | | means a document issued by the Department of Agriculture that | 6 | | identifies a person as a transporting organization agent. | 7 | | "Unit of local government" means any county, city, village, | 8 | | or incorporated town. | 9 | | "Vegetative stage" means the stage of cultivation in which | 10 | | a cannabis plant is propagated to produce additional cannabis | 11 | | plants or reach a sufficient size for production. This includes | 12 | | seedlings, clones, mothers, and other immature cannabis plants | 13 | | as follows: | 14 | | (1) if the cannabis plant is in an area that has not | 15 | | been intentionally deprived of light for a period of time | 16 | | intended to produce flower buds and induce maturation, it | 17 | | has no more than 2 stigmas visible at each internode of the | 18 | | cannabis plant; or | 19 | | (2) any cannabis plant that is cultivated solely for | 20 | | the purpose of propagating clones and is never used to | 21 | | produce cannabis.
| 22 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) | 23 | | (410 ILCS 705/15-25)
| 24 | | Sec. 15-25. Awarding of Conditional Adult Use Dispensing | 25 | | Organization Licenses prior to January 1, 2021. |
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| 1 | | (a) The Department shall issue up to 75 Conditional Adult | 2 | | Use Dispensing Organization Licenses before May 1, 2020. | 3 | | (b) The Department shall make the application for a | 4 | | Conditional Adult Use Dispensing Organization License | 5 | | available no later than October 1, 2019 and shall accept | 6 | | applications no later than January 1, 2020. | 7 | | (c) To ensure the geographic dispersion of Conditional | 8 | | Adult Use Dispensing Organization License holders, the | 9 | | following number of licenses shall be awarded in each BLS | 10 | | Region as determined by each region's percentage of the State's | 11 | | population: | 12 | | (1) Bloomington: 1 | 13 | | (2) Cape Girardeau: 1 | 14 | | (3) Carbondale-Marion: 1 | 15 | | (4) Champaign-Urbana: 1 | 16 | | (5) Chicago-Naperville-Elgin: 47 | 17 | | (6) Danville: 1 | 18 | | (7) Davenport-Moline-Rock Island: 1 | 19 | | (8) Decatur: 1 | 20 | | (9) Kankakee: 1 | 21 | | (10) Peoria: 3 | 22 | | (11) Rockford: 2 | 23 | | (12) St. Louis: 4 | 24 | | (13) Springfield: 1 | 25 | | (14) Northwest Illinois nonmetropolitan: 3 | 26 | | (15) West Central Illinois nonmetropolitan: 3 |
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| 1 | | (16) East Central Illinois nonmetropolitan: 2 | 2 | | (17) South Illinois nonmetropolitan: 2 | 3 | | (d) An applicant seeking issuance of a Conditional Adult | 4 | | Use Dispensing Organization License shall submit an | 5 | | application on forms provided by the Department. An applicant | 6 | | must meet the following requirements: | 7 | | (1) Payment of a nonrefundable application fee of | 8 | | $5,000 for each license for which the applicant is | 9 | | applying, which shall be deposited into the Cannabis | 10 | | Regulation Fund; | 11 | | (2) Certification that the applicant will comply with | 12 | | the requirements contained in this Act; | 13 | | (3) The legal name of the proposed dispensing | 14 | | organization; | 15 | | (4) A statement that the dispensing organization | 16 | | agrees to respond to the Department's supplemental | 17 | | requests for information; | 18 | | (5) From each principal officer, a statement | 19 | | indicating whether that person: | 20 | | (A) has previously held or currently holds an | 21 | | ownership interest in a cannabis business | 22 | | establishment in Illinois; or | 23 | | (B) has held an ownership interest in a dispensing | 24 | | organization or its equivalent in another state or | 25 | | territory of the United States that had the dispensing | 26 | | organization registration or license suspended, |
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| 1 | | revoked, placed on probationary status, or subjected | 2 | | to other disciplinary action; | 3 | | (6) Disclosure of whether any principal officer has | 4 | | ever filed for bankruptcy or defaulted on spousal support | 5 | | or child support obligation; | 6 | | (7) A resume for each principal officer, including | 7 | | whether that person has an academic degree, certification, | 8 | | or relevant experience with a cannabis business | 9 | | establishment or in a related industry; | 10 | | (8) A description of the training and education that | 11 | | will be provided to dispensing organization agents; | 12 | | (9) A copy of the proposed operating bylaws; | 13 | | (10) A copy of the proposed business plan that complies | 14 | | with the requirements in this Act, including, at a minimum, | 15 | | the following: | 16 | | (A) A description of services to be offered; and | 17 | | (B) A description of the process of dispensing | 18 | | cannabis; | 19 | | (11) A copy of the proposed security plan that complies | 20 | | with the requirements in this Article, including: | 21 | | (A) The process or controls that will be | 22 | | implemented to monitor the dispensary, secure the | 23 | | premises, agents, and currency, and prevent the | 24 | | diversion, theft, or loss of cannabis; and | 25 | | (B) The process to ensure that access to the | 26 | | restricted access areas is restricted to, registered |
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| 1 | | agents, service professionals, transporting | 2 | | organization agents, Department inspectors, and | 3 | | security personnel; | 4 | | (12) A proposed inventory control plan that complies | 5 | | with this Section; | 6 | | (13) A proposed floor plan, a square footage estimate, | 7 | | and a description of proposed security devices, including, | 8 | | without limitation, cameras, motion detectors, servers, | 9 | | video storage capabilities, and alarm service providers; | 10 | | (14) The name, address, social security number, and | 11 | | date of birth of each principal officer and board member of | 12 | | the dispensing organization; each of those individuals | 13 | | shall be at least 21 years of age; | 14 | | (15) Evidence of the applicant's status as a Social | 15 | | Equity Applicant, if applicable, and whether a Social | 16 | | Equity Applicant plans to apply for a loan or grant issued | 17 | | by the Department of Commerce and Economic Opportunity; | 18 | | (16) The address, telephone number, and email address | 19 | | of the applicant's principal place of business, if | 20 | | applicable. A post office box is not permitted; | 21 | | (17) Written summaries of any information regarding | 22 | | instances in which a business or not-for-profit that a | 23 | | prospective board member previously managed or served on | 24 | | were fined or censured, or any instances in which a | 25 | | business or not-for-profit that a prospective board member | 26 | | previously managed or served on had its registration |
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| 1 | | suspended or revoked in any administrative or judicial | 2 | | proceeding; | 3 | | (18) A plan for community engagement; | 4 | | (19) Procedures to ensure accurate recordkeeping and | 5 | | security measures that are in accordance with this Article | 6 | | and Department rules; | 7 | | (20) The estimated volume of cannabis it plans to store | 8 | | at the dispensary; | 9 | | (21) A description of the features that will provide | 10 | | accessibility to purchasers as required by the Americans | 11 | | with Disabilities Act; | 12 | | (22) A detailed description of air treatment systems | 13 | | that will be installed to reduce odors; | 14 | | (23) A reasonable assurance that the issuance of a | 15 | | license will not have a detrimental impact on the community | 16 | | in which the applicant wishes to locate; | 17 | | (24) The dated signature of each principal officer; | 18 | | (25) A description of the enclosed, locked facility | 19 | | where cannabis will be stored by the dispensing | 20 | | organization; | 21 | | (26) Signed statements from each dispensing | 22 | | organization agent stating that he or she will not divert | 23 | | cannabis; | 24 | | (27) The number of licenses it is applying for in each | 25 | | BLS Region; | 26 | | (28) A diversity plan that includes a narrative of at |
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| 1 | | least 2,500 words that establishes a goal of diversity in | 2 | | ownership, management, employment, and contracting to | 3 | | ensure that diverse participants and groups are afforded | 4 | | equality of opportunity; | 5 | | (29) A contract with a private security contractor | 6 | | agency that is licensed under Section 10-5 of the Private | 7 | | Detective, Private Alarm, Private Security, Fingerprint | 8 | | Vendor, and Locksmith Act of 2004 in order for the | 9 | | dispensary to have adequate security at its facility; and | 10 | | (30) Other information deemed necessary by the | 11 | | Illinois Cannabis Regulation Oversight Officer to conduct | 12 | | the disparity and availability study referenced in | 13 | | subsection (e) of Section 5-45. | 14 | | (e) An applicant who receives a Conditional Adult Use | 15 | | Dispensing Organization License under this Section has 180 days | 16 | | from the date of award to identify a physical location for the | 17 | | dispensing organization retail storefront. Before a | 18 | | conditional licensee receives an authorization to build out the | 19 | | dispensing organization from the Department, the Department | 20 | | shall inspect the physical space selected by the conditional | 21 | | licensee. The Department shall verify the site is suitable for | 22 | | public access, the layout promotes the safe dispensing of | 23 | | cannabis, the location is sufficient in size, power allocation, | 24 | | lighting, parking, handicapped accessible parking spaces, | 25 | | accessible entry and exits as required by the Americans with | 26 | | Disabilities Act, product handling, and storage. The applicant |
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| 1 | | shall also provide a statement of reasonable assurance that the | 2 | | issuance of a license will not have a detrimental impact on the | 3 | | community. The applicant shall also provide evidence that the | 4 | | location is not within 1,500 feet of an existing dispensing | 5 | | organization. If an applicant is unable to find a suitable | 6 | | physical address in the opinion of the Department within 180 | 7 | | days of the issuance of the Conditional Adult Use Dispensing | 8 | | Organization License, the Department may extend the period for | 9 | | finding a physical address another 180 days if the Conditional | 10 | | Adult Use Dispensing Organization License holder demonstrates | 11 | | concrete attempts to secure a location and a hardship. If the | 12 | | Department denies the extension or the Conditional Adult Use | 13 | | Dispensing Organization License holder is unable to find a | 14 | | location or become operational within 360 days of being awarded | 15 | | a conditional license, the Department shall rescind the | 16 | | conditional license and award it to the next highest scoring | 17 | | applicant in the BLS Region for which the license was assigned, | 18 | | provided the applicant receiving the license: (i) confirms a | 19 | | continued interest in operating a dispensing organization; | 20 | | (ii) can provide evidence that the applicant continues to meet | 21 | | all requirements for holding a Conditional Adult Use Dispensing | 22 | | Organization License set forth in this Act; and (iii) has not | 23 | | otherwise become ineligible to be awarded a dispensing | 24 | | organization license. If the new awardee is unable to accept | 25 | | the Conditional Adult Use Dispensing Organization License, the | 26 | | Department shall award the Conditional Adult Use Dispensing |
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| 1 | | Organization License to the next highest scoring applicant in | 2 | | the same manner. The new awardee shall be subject to the same | 3 | | required deadlines as provided in this subsection. | 4 | | (e-5) If, within 180 days of being awarded a Conditional | 5 | | Adult Use Dispensing Organization License, a dispensing | 6 | | organization is unable to find a location within the BLS Region | 7 | | in which it was awarded a Conditional Adult Use Dispensing | 8 | | Organization License because no jurisdiction within the BLS | 9 | | Region allows for the operation of an Adult Use Dispensing | 10 | | Organization, the Department of Financial and Professional | 11 | | Regulation may authorize the Conditional Adult Use Dispensing | 12 | | Organization License holder to transfer its license to a BLS | 13 | | Region specified by the Department. | 14 | | (f) A dispensing organization that is awarded a Conditional | 15 | | Adult Use Dispensing Organization License pursuant to the | 16 | | criteria in Section 15-30 shall not purchase, possess, sell, or | 17 | | dispense cannabis or cannabis-infused products until the | 18 | | person has received an Adult Use Dispensing Organization | 19 | | License issued by the Department pursuant to Section 15-36 of | 20 | | this Act. | 21 | | (g) The Department shall conduct a background check of the | 22 | | prospective organization agents in order to carry out this | 23 | | Article. The Department of State Police shall charge the | 24 | | applicant a fee for conducting the criminal history record | 25 | | check, which shall be deposited into the State Police Services | 26 | | Fund and shall not exceed the actual cost of the record check. |
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| 1 | | Each person applying as a dispensing organization agent shall | 2 | | submit a full set of fingerprints to the Department of State | 3 | | Police for the purpose of obtaining a State and federal | 4 | | criminal records check. These fingerprints shall be checked | 5 | | against the fingerprint records now and hereafter, to the | 6 | | extent allowed by law, filed in the Department of State Police | 7 | | and Federal Bureau of Identification criminal history records | 8 | | databases. The Department of State Police shall furnish, | 9 | | following positive identification, all Illinois conviction | 10 | | information to the Department.
| 11 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) | 12 | | (410 ILCS 705/15-30.1 new) | 13 | | Sec. 15-30.1. Qualifying Applicant Lottery. | 14 | | (a) Notwithstanding the 75 Conditional Adult Use | 15 | | Dispensing Organization Licenses authorized under subsection | 16 | | (a) of Section 15-25, the Department shall conduct a lottery to | 17 | | award an additional 75 Conditional Adult Use Dispensing | 18 | | Organization Licenses through a Qualifying Applicant Lottery | 19 | | to qualifying applicants that applied for, but did not receive, | 20 | | a Conditional Adult Use Dispensing Organization License | 21 | | pursuant to Sections 15-25 and 15-30. Any dispensary applicant | 22 | | who has any principal officer who was named on a dispensary | 23 | | application who participated or was eligible to participate in | 24 | | the Tied Applicant Lottery for the awarding of licenses | 25 | | pursuant to Sections 15-25 and 15-30 may not qualify as a |
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| 1 | | qualifying applicant and may not participate in the lottery for | 2 | | awarding licenses pursuant to this Section, unless that | 3 | | applicant withdraws from the Tied Applicant Lottery pursuant to | 4 | | subsection (f) of this Section. Prior to conducting a | 5 | | Qualifying Applicant Lottery, the Department may adopt rules | 6 | | through emergency rulemaking in accordance with subsection | 7 | | (kk) of Section ' of the Illinois Administrative Procedure Act. | 8 | | The General Assembly finds that the adoption of rules to | 9 | | regulate cannabis use is deemed an emergency and necessary for | 10 | | the public interest, safety, and welfare. | 11 | | (b) There shall be no additional cost to participate in a | 12 | | Qualifying Applicant Lottery. However, the Department may | 13 | | require a dispensary applicant to submit additional | 14 | | documentation in order to participate in a Qualifying Applicant | 15 | | Lottery under this Section. | 16 | | (c) No individual may be listed as a principal officer of | 17 | | more than 2 total entries across all BLS regions in the | 18 | | Qualifying Applicant Lottery. No dispensary applicant may | 19 | | submit more than one entry application in any BLS Region in the | 20 | | Qualifying Applicant Lottery. | 21 | | (d) No qualifying applicant may be awarded more than 2 | 22 | | Conditional Adult Use Dispensing Organization Licenses at the | 23 | | conclusion of the Qualifying Applicant Lottery. | 24 | | (e) The 75 Conditional Adult Use Dispensing Organization | 25 | | Licenses established pursuant to this Section shall be | 26 | | geographically allocated in the exact manner as the licenses |
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| 1 | | under subsection (c) of Section 15-25 of this Act and remain | 2 | | subject to all other requirements of Sections 15-25, 15-30, and | 3 | | 15-36 unless such requirements conflict with this Section. | 4 | | (f) Any dispensary applicant seeking to participate in the | 5 | | Qualifying Applicant lottery must attest to the Department no | 6 | | later than 5 business days after the resulting final score for | 7 | | all scored applications pursuant to Section 15-30, including | 8 | | any supplemental process to correct deficiencies, is issued to | 9 | | dispensary applicants. The attestation must state that the | 10 | | dispensary applicant is not participating in the Tied Applicant | 11 | | Lottery for awarding licenses pursuant to Sections 15-25 and | 12 | | 15-30 and the dispensary applicant meets all of the | 13 | | requirements to participate in a Qualifying Applicant Lottery | 14 | | set forth under this Section. The attestation shall be made on | 15 | | forms approved by the Department. If the Department determines | 16 | | attestations have been submitted that would result in a | 17 | | dispensary applicant exceeding the limits in subsection (c) of | 18 | | this Section, then the dispensary applicant shall be | 19 | | disqualified from participating in both the Tied Applicant | 20 | | Lottery and the Qualifying Applicant Lottery. If the Department | 21 | | determines attestations have been submitted that would result | 22 | | in a principal officer exceeding the limits in subsection (c) | 23 | | of this Section, then all dispensary applicants listing that | 24 | | principal officer shall be disqualified from participating in | 25 | | both the Tied Applicant Lottery and the Qualifying Applicant | 26 | | Lottery. |
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| 1 | | (g) The Qualifying Applicant Lottery shall be conducted no | 2 | | later than 10 business days after the Department publishes a | 3 | | list of qualifying applicants identified by the Department as | 4 | | eligible for the Qualifying Applicant Lottery, including any | 5 | | supplemental process to correct deficiencies. | 6 | | (h) An applicant that applied for, but did not receive, a | 7 | | Conditional Adult Use Dispensing Organization License pursuant | 8 | | to Sections 15-25 and 15-30 may qualify as a qualifying | 9 | | applicant subject to the following: | 10 | | (1) A dispensary applicant is prohibited from becoming | 11 | | a qualifying applicant if a principal officer of the | 12 | | applicant is a principal officer of more qualifying | 13 | | applicants than the number of available licenses. | 14 | | (2) A dispensary applicant is prohibited from becoming | 15 | | a qualifying applicant if a principal officer resigns after | 16 | | the resulting final score for all scored applications | 17 | | pursuant to Sections 15-25 and 15-30, including any | 18 | | supplemental process to correct deficiencies, is issued to | 19 | | dispensary applicants. | 20 | | (3) A dispensary applicant is prohibited from becoming | 21 | | a qualifying applicant if, after the conclusion of the | 22 | | attestation period identified in subsection (f) of this | 23 | | Section, a principal officer of the applicant is a | 24 | | principal officer of more qualifying applicants than the | 25 | | number of available licenses. | 26 | | (4) A dispensary applicant must have received at least |
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| 1 | | 85% of total available points on an application submitted | 2 | | pursuant to Section 15-30 to become a qualifying applicant. | 3 | | (i) At the conclusion of the scoring process, the | 4 | | Department may distribute the available licenses established | 5 | | under this Section by lot subject to the following: | 6 | | (1) The drawing by lot for all available licenses | 7 | | established under this Section shall occur on the same day. | 8 | | (2) Within each BLS Region, the first qualifying | 9 | | applicant drawn shall have the first right to an available | 10 | | license. The second qualifying applicant drawn shall have | 11 | | the second right to an available license. The same pattern | 12 | | shall continue for each subsequent qualifying applicant | 13 | | drawn. | 14 | | (3) The process for distributing available licenses | 15 | | established under this Section shall be recorded by the | 16 | | Department in a format selected by the Department. | 17 | | (4) If, upon being selected for an available license | 18 | | established under this Section, the eligible qualifying | 19 | | applicant has a principal officer that is a principal | 20 | | officer in more than 10 Early Approval Adult Use Dispensing | 21 | | Organization Licenses, Conditional Adult Use Dispensing | 22 | | Organization Licenses, or Adult Use Dispensing | 23 | | Organization Licenses, the licensees and eligible | 24 | | qualifying applicant listing that principal officer must | 25 | | choose which license to abandon pursuant to subsection (d) | 26 | | of Section 15-36 of this Act, and notify the Department in |
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| 1 | | writing within 5 business days. If the qualifying applicant | 2 | | or licensees do not notify the Department as required, the | 3 | | Department shall refuse to issue to the qualifying | 4 | | applicant all available licenses established under this | 5 | | Section obtained by lot in all BLS Regions. | 6 | | (5) All available licenses that have been abandoned | 7 | | shall be distributed to the next qualifying applicant drawn | 8 | | by lot. | 9 | | (410 ILCS 705/15-40)
| 10 | | Sec. 15-40. Dispensing organization agent identification | 11 | | card; agent training. | 12 | | (a) The Department shall: | 13 | | (1) verify the information contained in an application | 14 | | or renewal for a dispensing organization agent | 15 | | identification card submitted under this Article, and | 16 | | approve or deny an application or renewal, within 30 days | 17 | | of receiving a completed application or renewal | 18 | | application and all supporting documentation required by | 19 | | rule; | 20 | | (2) issue a dispensing organization agent | 21 | | identification card to a qualifying agent within 15 | 22 | | business days of approving the application or renewal; | 23 | | (3) enter the registry identification number of the | 24 | | dispensing organization where the agent works; | 25 | | (4) within one year from the effective date of this |
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| 1 | | Act, allow for an electronic application process and | 2 | | provide a confirmation by electronic or other methods that | 3 | | an application has been submitted; and | 4 | | (5) collect a $100 nonrefundable fee from the applicant | 5 | | to be deposited into the Cannabis Regulation Fund. | 6 | | (b) A dispensing organization agent must keep his or her | 7 | | identification card visible at all times when in the | 8 | | dispensary. | 9 | | (c) The dispensing organization agent identification cards | 10 | | shall contain the following: | 11 | | (1) the name of the cardholder; | 12 | | (2) the date of issuance and expiration date of the | 13 | | dispensing organization agent identification cards; | 14 | | (3) a random 10-digit alphanumeric identification | 15 | | number containing at least 4 numbers and at least 4 letters | 16 | | that is unique to the cardholder; and | 17 | | (4) a photograph of the cardholder. | 18 | | (d) The dispensing organization agent identification cards | 19 | | shall be immediately returned to the dispensing organization | 20 | | upon termination of employment. | 21 | | (e) The Department shall not issue an agent identification | 22 | | card if the applicant is delinquent in filing any required tax | 23 | | returns or paying any amounts owed to the State of Illinois. | 24 | | (f) Any card lost by a dispensing organization agent shall | 25 | | be reported to the Department of State Police and the | 26 | | Department immediately upon discovery of the loss. |
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| 1 | | (g) An applicant shall be denied a dispensing organization | 2 | | agent identification card renewal if he or she fails to | 3 | | complete the training provided for in this Section. | 4 | | (h) A dispensing organization agent shall only be required | 5 | | to hold one card for the same employer regardless of what type | 6 | | of dispensing organization license the employer holds. | 7 | | (i) Cannabis retail sales training requirements. | 8 | | (1) Within 90 days of September 1, 2019, or 90 days of | 9 | | employment, whichever is later, all owners, managers, | 10 | | employees, and agents involved in the handling or sale of | 11 | | cannabis or cannabis-infused product employed by an adult | 12 | | use dispensing organization or medical cannabis dispensing | 13 | | organization as defined in Section 10 of the Compassionate | 14 | | Use of Medical Cannabis Program Act shall attend and | 15 | | successfully complete a Responsible Vendor Program. | 16 | | (2) Each owner, manager, employee, and agent of an | 17 | | adult use dispensing organization or medical cannabis | 18 | | dispensing organization shall successfully complete the | 19 | | program annually. | 20 | | (3) Responsible Vendor Program Training modules shall | 21 | | include at least 2 hours of instruction time approved by | 22 | | the Department including: | 23 | | (i) Health and safety concerns of cannabis use, | 24 | | including the responsible use of cannabis, its | 25 | | physical effects, onset of physiological effects, | 26 | | recognizing signs of impairment, and appropriate |
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| 1 | | responses in the event of overconsumption. | 2 | | (ii) Training on laws and regulations on driving | 3 | | while under the influence and operating a watercraft or | 4 | | snowmobile while under the influence. | 5 | | (iii) Sales to minors prohibition. Training shall | 6 | | cover all relevant Illinois laws and rules. | 7 | | (iv) Quantity limitations on sales to purchasers. | 8 | | Training shall cover all relevant Illinois laws and | 9 | | rules. | 10 | | (v) Acceptable forms of identification. Training | 11 | | shall include: | 12 | | (I) How to check identification; and | 13 | | (II) Common mistakes made in verification; | 14 | | (vi) Safe storage of cannabis; | 15 | | (vii) Compliance with all inventory tracking | 16 | | system regulations; | 17 | | (viii) Waste handling, management, and disposal; | 18 | | (ix) Health and safety standards; | 19 | | (x) Maintenance of records; | 20 | | (xi) Security and surveillance requirements; | 21 | | (xii) Permitting inspections by State and local | 22 | | licensing and enforcement authorities; | 23 | | (xiii) Privacy issues; | 24 | | (xiv) Packaging and labeling requirement for sales | 25 | | to purchasers; and | 26 | | (xv) Other areas as determined by rule. |
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| 1 | | (j) Blank. | 2 | | (k) Upon the successful completion of the Responsible | 3 | | Vendor Program, the provider shall deliver proof of completion | 4 | | either through mail or electronic communication to the | 5 | | dispensing organization, which shall retain a copy of the | 6 | | certificate. | 7 | | (l) The license of a dispensing organization or medical | 8 | | cannabis dispensing organization whose owners, managers, | 9 | | employees, or agents fail to comply with this Section may be | 10 | | suspended or permanently revoked under Section 15-145 or may | 11 | | face other disciplinary action. | 12 | | (m) The regulation of dispensing organization and medical | 13 | | cannabis dispensing employer and employee training is an | 14 | | exclusive function of the State, and regulation by a unit of | 15 | | local government, including a home rule unit, is prohibited. | 16 | | This subsection (m) is a denial and limitation of home rule | 17 | | powers and functions under subsection (h) of Section 6 of | 18 | | Article VII of the Illinois Constitution. | 19 | | (n) Persons seeking Department approval to offer the | 20 | | training required by paragraph (3) of subsection (i) may apply | 21 | | for such approval between August 1 and August 15 of each | 22 | | odd-numbered year in a manner prescribed by the Department. | 23 | | (o) Persons seeking Department approval to offer the | 24 | | training required by paragraph (3) of subsection (i) shall | 25 | | submit a nonrefundable application fee of $2,000 to be | 26 | | deposited into the Cannabis Regulation Fund or a fee as may be |
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| 1 | | set by rule. Any changes made to the training module shall be | 2 | | approved by the Department.
| 3 | | (p) The Department shall not unreasonably deny approval of | 4 | | a training module that meets all the requirements of paragraph | 5 | | (3) of subsection (i). A denial of approval shall include a | 6 | | detailed description of the reasons for the denial. | 7 | | (q) Any person approved to provide the training required by | 8 | | paragraph (3) of subsection (i) shall submit an application for | 9 | | re-approval between August 1 and August 15 of each odd-numbered | 10 | | year and include a nonrefundable application fee of $2,000 to | 11 | | be deposited into the Cannabis Regulation Fund or a fee as may | 12 | | be set by rule.
| 13 | | (r) All persons applying to become or renewing their | 14 | | registrations to be agents, including agents-in-charge and | 15 | | principal officers, shall disclose any disciplinary action | 16 | | taken against them that may have occurred in Illinois, another | 17 | | state, or another country in relation to their employment at a | 18 | | cannabis business establishment or at any cannabis cultivation | 19 | | center, processor, infuser, dispensary, or other cannabis | 20 | | business establishment. | 21 | | (s) An agent may begin employment at a dispensing | 22 | | organization while the agent's identification card application | 23 | | is pending. Upon approval, the Department shall issue the | 24 | | agent's identification card to the dispensing organization | 25 | | agent applicant. If denied, the dispensing organization and the | 26 | | applicant shall be notified and the applicant must cease all |
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| 1 | | activity at the dispensing organization immediately. | 2 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) | 3 | | (410 ILCS 705/20-35)
| 4 | | Sec. 20-35. Cultivation center agent identification card. | 5 | | (a) The Department of Agriculture shall: | 6 | | (1) establish by rule the information required in an | 7 | | initial application or renewal application for an agent | 8 | | identification card submitted under this Act and the | 9 | | nonrefundable fee to accompany the initial application or | 10 | | renewal application; | 11 | | (2) verify the information contained in an initial | 12 | | application or renewal application for an agent | 13 | | identification card submitted under this Act, and approve | 14 | | or deny an application within 30 days of receiving a | 15 | | completed initial application or renewal application and | 16 | | all supporting documentation required by rule; | 17 | | (3) issue an agent identification card to a qualifying | 18 | | agent within 15 business days of approving the initial | 19 | | application or renewal application; | 20 | | (4) enter the license number of the cultivation center | 21 | | where the agent works; and | 22 | | (5) allow for an electronic initial application and | 23 | | renewal application process, and provide a confirmation by | 24 | | electronic or other methods that an application has been | 25 | | submitted. The Department of Agriculture may by rule |
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| 1 | | require prospective agents to file their applications by | 2 | | electronic means and provide notices to the agents by | 3 | | electronic means. | 4 | | (b) An agent must keep his or her identification card | 5 | | visible at all times when on the property of the cultivation | 6 | | center at which the agent is employed. | 7 | | (c) The agent identification cards shall contain the | 8 | | following: | 9 | | (1) the name of the cardholder; | 10 | | (2) the date of issuance and expiration date of the | 11 | | identification card; | 12 | | (3) a random 10-digit alphanumeric identification | 13 | | number containing at least 4 numbers and at least 4 letters | 14 | | that is unique to the holder; | 15 | | (4) a photograph of the cardholder; and | 16 | | (5) the legal name of the cultivation center employing | 17 | | the agent. | 18 | | (d) An agent identification card shall be immediately | 19 | | returned to the cultivation center of the agent upon | 20 | | termination of his or her employment. | 21 | | (e) Any agent identification card lost by a cultivation | 22 | | center agent shall be reported to the Department of State | 23 | | Police and the Department of Agriculture immediately upon | 24 | | discovery of the loss. | 25 | | (f) The Department of Agriculture shall not issue an agent | 26 | | identification card if the applicant is delinquent in filing |
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| 1 | | any required tax returns or paying any amounts owed to the | 2 | | State of Illinois.
| 3 | | (g) An agent may begin employment at a cultivation center | 4 | | while the agent's identification card application is pending. | 5 | | Upon approval, the Department shall issue the agent's | 6 | | identification card to the cultivation center agent applicant. | 7 | | If denied, the cultivation center and the applicant shall be | 8 | | notified and the applicant must cease all activity at the | 9 | | cultivation center immediately. | 10 | | (Source: P.A. 101-27, eff. 6-25-19.) | 11 | | (410 ILCS 705/25-35) | 12 | | (Section scheduled to be repealed on July 1, 2026)
| 13 | | Sec. 25-35. Community College Cannabis Vocational Training | 14 | | Pilot Program faculty participant agent identification card. | 15 | | (a) The Department shall: | 16 | | (1) establish by rule the information required in an | 17 | | initial application or renewal application for an agent | 18 | | identification card submitted under this Article and the | 19 | | nonrefundable fee to accompany the initial application or | 20 | | renewal application; | 21 | | (2) verify the information contained in an initial | 22 | | application or renewal application for an agent | 23 | | identification card submitted under this Article, and | 24 | | approve or deny an application within 30 days of receiving | 25 | | a completed initial application or renewal application and |
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| 1 | | all supporting documentation required by rule; | 2 | | (3) issue an agent identification card to a qualifying | 3 | | agent within 15 business days of approving the initial | 4 | | application or renewal application; | 5 | | (4) enter the license number of the community college | 6 | | where the agent works; and | 7 | | (5) allow for an electronic initial application and | 8 | | renewal application process, and provide a confirmation by | 9 | | electronic or other methods that an application has been | 10 | | submitted. Each Department may by rule require prospective | 11 | | agents to file their applications by electronic means and | 12 | | to provide notices to the agents by electronic means. | 13 | | (b) An agent must keep his or her identification card | 14 | | visible at all times when in the enclosed, locked facility, or | 15 | | facilities for which he or she is an agent. | 16 | | (c) The agent identification cards shall contain the | 17 | | following: | 18 | | (1) the name of the cardholder; | 19 | | (2) the date of issuance and expiration date of the | 20 | | identification card; | 21 | | (3) a random 10-digit alphanumeric identification | 22 | | number containing at least 4 numbers and at least 4 letters | 23 | | that is unique to the holder; | 24 | | (4) a photograph of the cardholder; and | 25 | | (5) the legal name of the community college employing | 26 | | the agent. |
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| 1 | | (d) An agent identification card shall be immediately | 2 | | returned to the community college of the agent upon termination | 3 | | of his or her employment. | 4 | | (e) Any agent identification card lost shall be reported to | 5 | | the Department of State Police and the Department of | 6 | | Agriculture immediately upon discovery of the loss.
| 7 | | (f) An agent may begin employment at a Community College | 8 | | Cannabis Vocational Training Pilot Program while the agent's | 9 | | identification card application is pending. Upon approval, the | 10 | | Department shall issue the agent's identification card to the | 11 | | Community College Cannabis Vocational Training Pilot Program | 12 | | participant agent applicant. If denied, the Community College | 13 | | Cannabis Vocational Training Pilot Program and the participant | 14 | | applicant shall be notified and the applicant must cease all | 15 | | activity at the cultivation center immediately. | 16 | | (Source: P.A. 101-27, eff. 6-25-19.) | 17 | | (410 ILCS 705/30-35)
| 18 | | Sec. 30-35. Craft grower agent identification card. | 19 | | (a) The Department of Agriculture shall: | 20 | | (1) establish by rule the information required in an | 21 | | initial application or renewal application for an agent | 22 | | identification card submitted under this Act and the | 23 | | nonrefundable fee to accompany the initial application or | 24 | | renewal application; | 25 | | (2) verify the information contained in an initial |
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| 1 | | application or renewal application for an agent | 2 | | identification card submitted under this Act and approve or | 3 | | deny an application within 30 days of receiving a completed | 4 | | initial application or renewal application and all | 5 | | supporting documentation required by rule; | 6 | | (3) issue an agent identification card to a qualifying | 7 | | agent within 15 business days of approving the initial | 8 | | application or renewal application; | 9 | | (4) enter the license number of the craft grower where | 10 | | the agent works; and | 11 | | (5) allow for an electronic initial application and | 12 | | renewal application process, and provide a confirmation by | 13 | | electronic or other methods that an application has been | 14 | | submitted. The Department of Agriculture may by rule | 15 | | require prospective agents to file their applications by | 16 | | electronic means and provide notices to the agents by | 17 | | electronic means. | 18 | | (b) An agent must keep his or her identification card | 19 | | visible at all times when on the property of a cannabis | 20 | | business establishment, including the craft grower | 21 | | organization for which he or she is an agent. | 22 | | (c) The agent identification cards shall contain the | 23 | | following: | 24 | | (1) the name of the cardholder; | 25 | | (2) the date of issuance and expiration date of the | 26 | | identification card; |
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| 1 | | (3) a random 10-digit alphanumeric identification | 2 | | number containing at least 4 numbers and at least 4 letters | 3 | | that is unique to the holder; | 4 | | (4) a photograph of the cardholder; and | 5 | | (5) the legal name of the craft grower organization | 6 | | employing the agent. | 7 | | (d) An agent identification card shall be immediately | 8 | | returned to the cannabis business establishment of the agent | 9 | | upon termination of his or her employment. | 10 | | (e) Any agent identification card lost by a craft grower | 11 | | agent shall be reported to the Department of State Police and | 12 | | the Department of Agriculture immediately upon discovery of the | 13 | | loss.
| 14 | | (f) An agent may begin employment at a craft grower | 15 | | organization while the agent's identification card application | 16 | | is pending. Upon approval, the Department shall issue the | 17 | | agent's identification card to the craft grower organization | 18 | | agent applicant. If denied, the craft grower organization and | 19 | | the applicant shall be notified and the applicant must cease | 20 | | all activity at the craft grower organization immediately. | 21 | | (Source: P.A. 101-27, eff. 6-25-19.) | 22 | | (410 ILCS 705/35-30)
| 23 | | Sec. 35-30. Infuser agent identification card. | 24 | | (a) The Department of Agriculture shall: | 25 | | (1) establish by rule the information required in an |
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| 1 | | initial application or renewal application for an agent | 2 | | identification card submitted under this Act and the | 3 | | nonrefundable fee to accompany the initial application or | 4 | | renewal application; | 5 | | (2) verify the information contained in an initial | 6 | | application or renewal application for an agent | 7 | | identification card submitted under this Act, and approve | 8 | | or deny an application within 30 days of receiving a | 9 | | completed initial application or renewal application and | 10 | | all supporting documentation required by rule; | 11 | | (3) issue an agent identification card to a qualifying | 12 | | agent within 15 business days of approving the initial | 13 | | application or renewal application; | 14 | | (4) enter the license number of the infuser where the | 15 | | agent works; and | 16 | | (5) allow for an electronic initial application and | 17 | | renewal application process, and provide a confirmation by | 18 | | electronic or other methods that an application has been | 19 | | submitted. The Department of Agriculture may by rule | 20 | | require prospective agents to file their applications by | 21 | | electronic means and provide notices to the agents by | 22 | | electronic means. | 23 | | (b) An agent must keep his or her identification card | 24 | | visible at all times when on the property of a cannabis | 25 | | business establishment including the cannabis business | 26 | | establishment for which he or she is an agent. |
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| 1 | | (c) The agent identification cards shall contain the | 2 | | following: | 3 | | (1) the name of the cardholder; | 4 | | (2) the date of issuance and expiration date of the | 5 | | identification card; | 6 | | (3) a random 10-digit alphanumeric identification | 7 | | number containing at least 4 numbers and at least 4 letters | 8 | | that is unique to the holder; | 9 | | (4) a photograph of the cardholder; and | 10 | | (5) the legal name of the infuser organization | 11 | | employing the agent. | 12 | | (d) An agent identification card shall be immediately | 13 | | returned to the infuser organization of the agent upon | 14 | | termination of his or her employment. | 15 | | (e) Any agent identification card lost by a transporting | 16 | | agent shall be reported to the Department of State Police and | 17 | | the Department of Agriculture immediately upon discovery of the | 18 | | loss.
| 19 | | (f) An agent may begin employment at an infuser | 20 | | organization while the agent's identification card application | 21 | | is pending. Upon approval, the Department shall issue the | 22 | | agent's identification card to the infuser organization agent | 23 | | applicant. If denied, the infuser organization and the | 24 | | applicant shall be notified and the applicant must cease all | 25 | | activity at the infuser organization immediately. | 26 | | (Source: P.A. 101-27, eff. 6-25-19.) |
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| 1 | | (410 ILCS 705/40-30)
| 2 | | Sec. 40-30. Transporting agent identification card. | 3 | | (a) The Department of Agriculture shall: | 4 | | (1) establish by rule the information required in an | 5 | | initial application or renewal application for an agent | 6 | | identification card submitted under this Act and the | 7 | | nonrefundable fee to accompany the initial application or | 8 | | renewal application; | 9 | | (2) verify the information contained in an initial | 10 | | application or renewal application for an agent | 11 | | identification card submitted under this Act and approve or | 12 | | deny an application within 30 days of receiving a completed | 13 | | initial application or renewal application and all | 14 | | supporting documentation required by rule; | 15 | | (3) issue an agent identification card to a qualifying | 16 | | agent within 15 business days of approving the initial | 17 | | application or renewal application; | 18 | | (4) enter the license number of the transporting | 19 | | organization where the agent works; and | 20 | | (5) allow for an electronic initial application and | 21 | | renewal application process, and provide a confirmation by | 22 | | electronic or other methods that an application has been | 23 | | submitted. The Department of Agriculture may by rule | 24 | | require prospective agents to file their applications by | 25 | | electronic means and provide notices to the agents by |
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| 1 | | electronic means. | 2 | | (b) An agent must keep his or her identification card | 3 | | visible at all times when on the property of a cannabis | 4 | | business establishment, including the cannabis business | 5 | | establishment for which he or she is an agent. | 6 | | (c) The agent identification cards shall contain the | 7 | | following: | 8 | | (1) the name of the cardholder; | 9 | | (2) the date of issuance and expiration date of th e | 10 | | identification card; | 11 | | (3) a random 10-digit alphanumeric identification number | 12 | | containing at least 4 numbers and at least 4 letters that | 13 | | is unique to the holder; | 14 | | (4) a photograph of the cardholder; and | 15 | | (5) the legal name of the transporting organization | 16 | | employing the agent. | 17 | | (d) An agent identification card shall be immediately | 18 | | returned to the transporting organization of the agent upon | 19 | | termination of his or her employment. | 20 | | (e) Any agent identification card lost by a transporting | 21 | | agent shall be reported to the Department of State Police and | 22 | | the Department of Agriculture immediately upon discovery of the | 23 | | loss. | 24 | | (f) An application for an agent identification card shall | 25 | | be denied if the applicant is delinquent in filing any required | 26 | | tax returns or paying any amounts owed to the State of |
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| 1 | | Illinois.
| 2 | | (g) An agent may begin employment at a transporting | 3 | | organization while the agent's identification card application | 4 | | is pending. Upon approval, the Department shall issue the | 5 | | agent's identification card to the transporting agent | 6 | | applicant. If denied, the transporting organization and the | 7 | | applicant shall be notified and the applicant must cease all | 8 | | activity at the transporting organization immediately. | 9 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) | 10 | | (410 ILCS 705/55-21)
| 11 | | Sec. 55-21. Cannabis product packaging and labeling. | 12 | | (a) Each cannabis product produced for sale shall be | 13 | | registered with the Department of Agriculture on forms provided | 14 | | by the Department of Agriculture. Each product registration | 15 | | shall include a label and the required registration fee at the | 16 | | rate established by the Department of Agriculture for a | 17 | | comparable medical cannabis product, or as established by rule. | 18 | | The registration fee is for the name of the product offered for | 19 | | sale and one fee shall be sufficient for all package sizes. | 20 | | (b) All harvested cannabis intended for distribution to a | 21 | | cannabis enterprise must be packaged in a sealed, labeled | 22 | | container. | 23 | | (c) At point of sale, any Any product containing cannabis | 24 | | shall be packaged in a sealed or resealable , odor-proof, and | 25 | | child-resistant cannabis container consistent with current |
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| 1 | | standards, including the Consumer Product Safety Commission | 2 | | standards referenced by the Poison Prevention Act. | 3 | | (d) All cannabis-infused products shall be individually | 4 | | wrapped or packaged at the original point of preparation. The | 5 | | packaging of the cannabis-infused product shall conform to the | 6 | | labeling requirements of the Illinois Food, Drug and Cosmetic | 7 | | Act, in addition to the other requirements set forth in this | 8 | | Section. | 9 | | (e) Each cannabis product shall be labeled before sale and | 10 | | each label shall be securely affixed to the package and shall | 11 | | state in legible English and any languages required by the | 12 | | Department of Agriculture: | 13 | | (1) the name and post office box of the registered | 14 | | cultivation center or craft grower where the item was | 15 | | manufactured; | 16 | | (2) the common or usual name of the item and the | 17 | | registered name of the cannabis product that was registered | 18 | | with the Department of Agriculture under subsection (a); | 19 | | (3) a unique serial number that will match the product | 20 | | with a cultivation center or craft grower batch and lot | 21 | | number to facilitate any warnings or recalls the Department | 22 | | of Agriculture, cultivation center, or craft grower deems | 23 | | appropriate; | 24 | | (4) the date of final testing and packaging, if | 25 | | sampled, and the identification of the independent testing | 26 | | laboratory; |
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| 1 | | (5) the date of harvest and "use by" date; | 2 | | (6) the quantity (in ounces or grams) of cannabis | 3 | | contained in the product; | 4 | | (7) a pass/fail rating based on the laboratory's | 5 | | microbiological, mycotoxins, and pesticide and solvent | 6 | | residue analyses, if sampled; | 7 | | (8) content list. | 8 | | (A) A list of the following, including the minimum | 9 | | and maximum percentage content by weight for | 10 | | subdivisions (e)(8)(A)(i) through (iv): | 11 | | (i) delta-9-tetrahydrocannabinol (THC); | 12 | | (ii) tetrahydrocannabinolic acid (THCA); | 13 | | (iii) cannabidiol (CBD); | 14 | | (iv) cannabidiolic acid (CBDA); and | 15 | | (v) all other ingredients of the item, | 16 | | including any colors, artificial flavors, and | 17 | | preservatives, listed in descending order by | 18 | | predominance of weight shown with common or usual | 19 | | names. | 20 | | (B) The acceptable tolerances for the minimum | 21 | | percentage printed on the label for any of subdivisions | 22 | | (e)(8)(A)(i) through (iv) shall not be below 85% or | 23 | | above 115% of the labeled amount. | 24 | | (f) Packaging must not contain information that: | 25 | | (1) is false or misleading; | 26 | | (2) promotes excessive consumption; |
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| 1 | | (3) depicts a person under 21 years of age consuming | 2 | | cannabis; | 3 | | (4) includes the image of a cannabis leaf; | 4 | | (5) includes any image designed or likely to appeal to | 5 | | minors, including cartoons, toys, animals, or children, or | 6 | | any other likeness to images, characters, or phrases that | 7 | | are popularly used to advertise to children, or any | 8 | | packaging or labeling that bears reasonable resemblance to | 9 | | any product available for consumption as a commercially | 10 | | available candy, or that promotes consumption of cannabis; | 11 | | (6) contains any seal, flag, crest, coat of arms, or | 12 | | other insignia likely to mislead the purchaser to believe | 13 | | that the product has been endorsed, made, or used by the | 14 | | State of Illinois or any of its representatives except | 15 | | where authorized by this Act. | 16 | | (g) Cannabis products produced by concentrating or | 17 | | extracting ingredients from the cannabis plant shall contain | 18 | | the following information, where applicable: | 19 | | (1) If solvents were used to create the concentrate or | 20 | | extract, a statement that discloses the type of extraction | 21 | | method, including any solvents or gases used to create the | 22 | | concentrate or extract; and | 23 | | (2) Any other chemicals or compounds used to produce or | 24 | | were added to the concentrate or extract. | 25 | | (h) All cannabis products must contain warning statements | 26 | | established for purchasers, of a size that is legible and |
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| 1 | | readily visible to a consumer inspecting a package, which may | 2 | | not be covered or obscured in any way. The Department of Public | 3 | | Health shall define and update appropriate health warnings for | 4 | | packages including specific labeling or warning requirements | 5 | | for specific cannabis products. | 6 | | (i) Unless modified by rule to strengthen or respond to new | 7 | | evidence and science, the following warnings shall apply to all | 8 | | cannabis products unless modified by rule: "This product | 9 | | contains cannabis and is intended for use by adults 21 and | 10 | | over. Its use can impair cognition and may be habit forming. | 11 | | This product should not be used by pregnant or breastfeeding | 12 | | women. It is unlawful to sell or provide this item to any | 13 | | individual, and it may not be transported outside the State of | 14 | | Illinois. It is illegal to operate a motor vehicle while under | 15 | | the influence of cannabis. Possession or use of this product | 16 | | may carry significant legal penalties in some jurisdictions and | 17 | | under federal law.". | 18 | | (j) Warnings for each of the following product types must | 19 | | be present on labels when offered for sale to a purchaser: | 20 | | (1) Cannabis that may be smoked must contain a | 21 | | statement that "Smoking is hazardous to your health.". | 22 | | (2) Cannabis-infused products (other than those | 23 | | intended for topical application) must contain a statement | 24 | | "CAUTION: This product contains cannabis, and intoxication | 25 | | following use may be delayed 2 or more hours. This product | 26 | | was produced in a facility that cultivates cannabis, and |
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| 1 | | that may also process common food allergens.". | 2 | | (3) Cannabis-infused products intended for topical | 3 | | application must contain a statement "DO NOT EAT" in bold, | 4 | | capital letters. | 5 | | (k) Each cannabis-infused product intended for consumption | 6 | | must be individually packaged, must include the total milligram | 7 | | content of THC and CBD, and may not include more than a total | 8 | | of 100 milligrams of THC per package. A package may contain | 9 | | multiple servings of 10 milligrams of THC, indicated by | 10 | | scoring, wrapping, or by other indicators designating | 11 | | individual serving sizes. The Department of Agriculture may | 12 | | change the total amount of THC allowed for each package, or the | 13 | | total amount of THC allowed for each serving size, by rule. | 14 | | (l) No individual other than the purchaser may alter or | 15 | | destroy any labeling affixed to the primary packaging of | 16 | | cannabis or cannabis-infused products. | 17 | | (m) For each commercial weighing and measuring device used | 18 | | at a facility, the cultivation center or craft grower must: | 19 | | (1) Ensure that the commercial device is licensed under | 20 | | the Weights and Measures Act and the associated | 21 | | administrative rules (8 Ill. Adm. Code 600); | 22 | | (2) Maintain documentation of the licensure of the | 23 | | commercial device; and | 24 | | (3) Provide a copy of the license of the commercial | 25 | | device to the Department of Agriculture for review upon | 26 | | request. |
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| 1 | | (n) It is the responsibility of the Department to ensure | 2 | | that packaging and labeling requirements, including product | 3 | | warnings, are enforced at all times for products provided to | 4 | | purchasers. Product registration requirements and container | 5 | | requirements may be modified by rule by the Department of | 6 | | Agriculture. | 7 | | (o) Labeling, including warning labels, may be modified by | 8 | | rule by the Department of Agriculture.
| 9 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) | 10 | | Section 15. The Illinois Vehicle Code is amended by | 11 | | changing Sections 11-502.1 and 11-502.15 as follows: | 12 | | (625 ILCS 5/11-502.1) | 13 | | Sec. 11-502.1. Possession of medical cannabis in a motor | 14 | | vehicle. | 15 | | (a) No driver, who is a medical cannabis cardholder, may | 16 | | use medical cannabis within the passenger area of any motor | 17 | | vehicle upon a highway in this State. | 18 | | (b) No driver, who is a medical cannabis cardholder, a | 19 | | medical cannabis designated caregiver, medical cannabis | 20 | | cultivation center agent, or dispensing organization agent may | 21 | | possess medical cannabis within any area of any motor vehicle | 22 | | upon a highway in this State except in a secured, sealed or | 23 | | resealable , odor-proof, and child-resistant medical cannabis | 24 | | container that is inaccessible . |
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| 1 | | (c) No passenger, who is a medical cannabis card holder, a | 2 | | medical cannabis designated caregiver, or medical cannabis | 3 | | dispensing organization agent may possess medical cannabis | 4 | | within any passenger area of any motor vehicle upon a highway | 5 | | in this State except in a secured, sealed or resealable , | 6 | | odor-proof, and child-resistant medical cannabis container | 7 | | that is inaccessible . | 8 | | (d) Any person who violates subsections (a) through (c) of | 9 | | this Section: | 10 | | (1) commits a Class A misdemeanor; | 11 | | (2) shall be subject to revocation of his or her | 12 | | medical cannabis card for a period of 2 years from the end | 13 | | of the sentence imposed; and | 14 | | (3) (4) shall be subject to revocation of his or her | 15 | | status as a medical cannabis caregiver, medical cannabis | 16 | | cultivation center agent, or medical cannabis dispensing | 17 | | organization agent for a period of 2 years from the end of | 18 | | the sentence imposed.
| 19 | | (Source: P.A. 101-27, eff. 6-25-19; revised 8-6-19.) | 20 | | (625 ILCS 5/11-502.15) | 21 | | Sec. 11-502.15. Possession of adult use cannabis in a motor | 22 | | vehicle. | 23 | | (a) No driver may use cannabis within the passenger area of | 24 | | any motor vehicle upon a highway in this State. | 25 | | (b) No driver may possess cannabis within any area of any |
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| 1 | | motor vehicle upon a highway in this State except in a secured, | 2 | | sealed or resealable , odor-proof, child-resistant cannabis | 3 | | container that is inaccessible . | 4 | | (c) No passenger may possess cannabis within any passenger | 5 | | area of any motor vehicle upon a highway in this State except | 6 | | in a secured, sealed or resealable , odor-proof, | 7 | | child-resistant cannabis container that is inaccessible . | 8 | | (d) Any person who knowingly violates subsection (a), (b), | 9 | | or (c) of this Section commits a Class A misdemeanor.
| 10 | | (Source: P.A. 101-27, eff. 6-25-19.) | 11 | | Section 97. Severability. The provisions of this Act are | 12 | | severable under Section 1.31 of the Statute on Statutes.
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law.".
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