Full Text of HB4195 102nd General Assembly
HB4195 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB4195 Introduced 10/26/2021, by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED: |
| 410 ILCS 705/1-10 | | 410 ILCS 705/15-100 | | 410 ILCS 705/30-30 | | 410 ILCS 705/35-25 | |
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Amends the Cannabis Regulation and Tax Act. Provides that premises may be shared between up to 3 craft growers, an infuser organization, a cultivation center, a dispensing organization, or any combination thereof, provided that specified requirements are met. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Cannabis Regulation and Tax Act is amended | 5 | | by changing Sections 1-10, 15-100, 30-30, and 35-25 as | 6 | | follows: | 7 | | (410 ILCS 705/1-10)
| 8 | | Sec. 1-10. Definitions. In this Act: | 9 | | "Adult Use Cultivation Center License" means a license | 10 | | issued by the Department of Agriculture that permits a person | 11 | | to act as a cultivation center under this Act and any | 12 | | administrative rule made in furtherance of this Act. | 13 | | "Adult Use Dispensing Organization License" means a | 14 | | license issued by the Department of Financial and Professional | 15 | | Regulation that permits a person to act as a dispensing | 16 | | organization under this Act and any administrative rule made | 17 | | in furtherance of this Act. | 18 | | "Advertise" means to engage in promotional activities | 19 | | including, but not limited to: newspaper, radio, Internet and | 20 | | electronic media, and television advertising; the distribution | 21 | | of fliers and circulars; billboard advertising; and the | 22 | | display of window and interior signs. "Advertise" does not | 23 | | mean exterior signage displaying only the name of the licensed |
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| 1 | | cannabis business establishment. | 2 | | "BLS Region" means a region in Illinois used by the United | 3 | | States Bureau of Labor Statistics to gather and categorize | 4 | | certain employment and wage data. The 17 such regions in | 5 | | Illinois are: Bloomington, Cape Girardeau, Carbondale-Marion, | 6 | | Champaign-Urbana, Chicago-Naperville-Elgin, Danville, | 7 | | Davenport-Moline-Rock Island, Decatur, Kankakee, Peoria, | 8 | | Rockford, St. Louis, Springfield, Northwest Illinois | 9 | | nonmetropolitan area, West Central Illinois nonmetropolitan | 10 | | area, East Central Illinois nonmetropolitan area, and South | 11 | | Illinois nonmetropolitan area. | 12 | | "Cannabis" means marijuana, hashish, and other substances | 13 | | that are identified as including any parts of the plant | 14 | | Cannabis sativa and including derivatives or subspecies, such | 15 | | as indica, of all strains of cannabis, whether growing or not; | 16 | | the seeds thereof, the resin extracted from any part of the | 17 | | plant; and any compound, manufacture, salt, derivative, | 18 | | mixture, or preparation of the plant, its seeds, or resin, | 19 | | including tetrahydrocannabinol (THC) and all other naturally | 20 | | produced cannabinol derivatives, whether produced directly or | 21 | | indirectly by extraction; however, "cannabis" does not include | 22 | | the mature stalks of the plant, fiber produced from the | 23 | | stalks, oil or cake made from the seeds of the plant, any other | 24 | | compound, manufacture, salt, derivative, mixture, or | 25 | | preparation of the mature stalks (except the resin extracted | 26 | | from it), fiber, oil or cake, or the sterilized seed of the |
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| 1 | | plant that is incapable of germination. "Cannabis" does not | 2 | | include industrial hemp as defined and authorized under the | 3 | | Industrial Hemp Act. "Cannabis" also means cannabis flower, | 4 | | concentrate, and cannabis-infused products. | 5 | | "Cannabis business establishment" means a cultivation | 6 | | center, craft grower, processing organization, infuser | 7 | | organization, dispensing organization, or transporting | 8 | | organization. | 9 | | "Cannabis concentrate" means a product derived from | 10 | | cannabis that is produced by extracting cannabinoids, | 11 | | including tetrahydrocannabinol (THC), from the plant through | 12 | | the use of propylene glycol, glycerin, butter, olive oil or | 13 | | other typical cooking fats; water, ice, or dry ice; or butane, | 14 | | propane, CO 2 , ethanol, or isopropanol and with the intended | 15 | | use of smoking or making a cannabis-infused product. The use | 16 | | of any other solvent is expressly prohibited unless and until | 17 | | it is approved by the Department of Agriculture. | 18 | | "Cannabis container" means a sealed, traceable, container, | 19 | | or package used for the purpose of containment of cannabis or | 20 | | cannabis-infused product during transportation. | 21 | | "Cannabis flower" means marijuana, hashish, and other | 22 | | substances that are identified as including any parts of the | 23 | | plant Cannabis sativa and including derivatives or subspecies, | 24 | | such as indica, of all strains of cannabis; including raw | 25 | | kief, leaves, and buds, but not resin that has been extracted | 26 | | from any part of such plant; nor any compound, manufacture, |
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| 1 | | salt, derivative, mixture, or preparation of such plant, its | 2 | | seeds, or resin. | 3 | | "Cannabis-infused product" means a beverage, food, oil, | 4 | | ointment, tincture, topical formulation, or another product | 5 | | containing cannabis or cannabis concentrate that is not | 6 | | intended to be smoked. | 7 | | "Cannabis paraphernalia" means equipment, products, or | 8 | | materials intended to be used for planting, propagating, | 9 | | cultivating, growing, harvesting, manufacturing, producing, | 10 | | processing, preparing, testing, analyzing, packaging, | 11 | | repackaging, storing, containing, concealing, ingesting, or | 12 | | otherwise introducing cannabis into the human body. | 13 | | "Cannabis plant monitoring system" or "plant monitoring | 14 | | system" means a system that includes, but is not limited to, | 15 | | testing and data collection established and maintained by the | 16 | | cultivation center, craft grower, or processing organization | 17 | | and that is available to the Department of Revenue, the | 18 | | Department of Agriculture, the Department of Financial and | 19 | | Professional Regulation, and the Department of State Police | 20 | | for the purposes of documenting each cannabis plant and | 21 | | monitoring plant development throughout the life cycle of a | 22 | | cannabis plant cultivated for the intended use by a customer | 23 | | from seed planting to final packaging. | 24 | | "Cannabis testing facility" means an entity registered by | 25 | | the Department of Agriculture to test cannabis for potency and | 26 | | contaminants. |
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| 1 | | "Clone" means a plant section from a female cannabis plant | 2 | | not yet rootbound, growing in a water solution or other | 3 | | propagation matrix, that is capable of developing into a new | 4 | | plant. | 5 | | "Community College Cannabis Vocational Training Pilot | 6 | | Program faculty participant" means a person who is 21 years of | 7 | | age or older, licensed by the Department of Agriculture, and | 8 | | is employed or contracted by an Illinois community college to | 9 | | provide student instruction using cannabis plants at an | 10 | | Illinois Community College. | 11 | | "Community College Cannabis Vocational Training Pilot | 12 | | Program faculty participant Agent Identification Card" means a | 13 | | document issued by the Department of Agriculture that | 14 | | identifies a person as Community College Cannabis Vocational | 15 | | Training Pilot Program faculty participant. | 16 | | "Conditional Adult Use Dispensing Organization License" | 17 | | means a license awarded to top-scoring applicants for an Adult | 18 | | Use Dispensing Organization License that reserves the right to | 19 | | an Adult Use Dispensing Organization License if the applicant | 20 | | meets certain conditions described in this Act, but does not | 21 | | entitle the recipient to begin purchasing or selling cannabis | 22 | | or cannabis-infused products. | 23 | | "Conditional Adult Use Cultivation Center License" means a | 24 | | license awarded to top-scoring applicants for an Adult Use | 25 | | Cultivation Center License that reserves the right to an Adult | 26 | | Use Cultivation Center License if the applicant meets certain |
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| 1 | | conditions as determined by the Department of Agriculture by | 2 | | rule, but does not entitle the recipient to begin growing, | 3 | | processing, or selling cannabis or cannabis-infused products. | 4 | | "Craft grower" means a facility operated by an | 5 | | organization or business that is licensed by the Department of | 6 | | Agriculture to cultivate, dry, cure, and package cannabis and | 7 | | perform other necessary activities to make cannabis available | 8 | | for sale at a dispensing organization or use at a processing | 9 | | organization. A craft grower may contain up to 5,000 square | 10 | | feet of canopy space on its premises for plants in the | 11 | | flowering state. The Department of Agriculture may authorize | 12 | | an increase or decrease of flowering stage cultivation space | 13 | | in increments of 3,000 square feet by rule based on market | 14 | | need, craft grower capacity, and the licensee's history of | 15 | | compliance or noncompliance, with a maximum space of 14,000 | 16 | | square feet for cultivating plants in the flowering stage, | 17 | | which must be cultivated in all stages of growth in an enclosed | 18 | | and secure area. A craft grower may share premises with up to 2 | 19 | | other craft growers, an infuser organization, a cultivation | 20 | | center, a dispensing organization, or any combination thereof | 21 | | a processing organization or a dispensing organization, or | 22 | | both , provided each licensee stores currency and cannabis or | 23 | | cannabis-infused products in a separate secured vault to which | 24 | | the other licensee does not have access or all licensees | 25 | | sharing a vault share more than 50% of the same ownership. | 26 | | "Craft grower agent" means a principal officer, board |
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| 1 | | member, employee, or other agent of a craft grower who is 21 | 2 | | years of age or older. | 3 | | "Craft Grower Agent Identification Card" means a document | 4 | | issued by the Department of Agriculture that identifies a | 5 | | person as a craft grower agent. | 6 | | "Cultivation center" means a facility operated by an | 7 | | organization or business that is licensed by the Department of | 8 | | Agriculture to cultivate, process, transport (unless otherwise | 9 | | limited by this Act), and perform other necessary activities | 10 | | to provide cannabis and cannabis-infused products to cannabis | 11 | | business establishments. | 12 | | "Cultivation center agent" means a principal officer, | 13 | | board member, employee, or other agent of a cultivation center | 14 | | who is 21 years of age or older. | 15 | | "Cultivation Center Agent Identification Card" means a | 16 | | document issued by the Department of Agriculture that | 17 | | identifies a person as a cultivation center agent. | 18 | | "Currency" means currency and coin of the United States. | 19 | | "Dispensary" means a facility operated by a dispensing | 20 | | organization at which activities licensed by this Act may | 21 | | occur. | 22 | | "Dispensing organization" means a facility operated by an | 23 | | organization or business that is licensed by the Department of | 24 | | Financial and Professional Regulation to acquire cannabis from | 25 | | a cultivation center, craft grower, processing organization, | 26 | | or another dispensary for the purpose of selling or dispensing |
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| 1 | | cannabis, cannabis-infused products, cannabis seeds, | 2 | | paraphernalia, or related supplies under this Act to | 3 | | purchasers or to qualified registered medical cannabis | 4 | | patients and caregivers. As used in this Act, "dispensing | 5 | | organization" includes a registered medical cannabis | 6 | | organization as defined in the Compassionate Use of Medical | 7 | | Cannabis Program Act or its successor Act that has obtained an | 8 | | Early Approval Adult Use Dispensing Organization License. | 9 | | "Dispensing organization agent" means a principal officer, | 10 | | employee, or agent of a dispensing organization who is 21 | 11 | | years of age or older. | 12 | | "Dispensing organization agent identification card" means | 13 | | a document issued by the Department of Financial and | 14 | | Professional Regulation that identifies a person as a | 15 | | dispensing organization agent. | 16 | | "Disproportionately Impacted Area" means a census tract or | 17 | | comparable geographic area that satisfies the following | 18 | | criteria as determined by the Department of Commerce and | 19 | | Economic Opportunity, that: | 20 | | (1) meets at least one of the following criteria: | 21 | | (A) the area has a poverty rate of at least 20% | 22 | | according to the latest federal decennial census; or | 23 | | (B) 75% or more of the children in the area | 24 | | participate in the federal free lunch program | 25 | | according to reported statistics from the State Board | 26 | | of Education; or |
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| 1 | | (C) at least 20% of the households in the area | 2 | | receive assistance under the Supplemental Nutrition | 3 | | Assistance Program; or | 4 | | (D) the area has an average unemployment rate, as | 5 | | determined by the Illinois Department of Employment | 6 | | Security, that is more than 120% of the national | 7 | | unemployment average, as determined by the United | 8 | | States Department of Labor, for a period of at least 2 | 9 | | consecutive calendar years preceding the date of the | 10 | | application; and | 11 | | (2) has high rates of arrest, conviction, and | 12 | | incarceration related to the sale, possession, use, | 13 | | cultivation, manufacture, or transport of cannabis. | 14 | | "Early Approval Adult Use Cultivation Center License" | 15 | | means a license that permits a medical cannabis cultivation | 16 | | center licensed under the Compassionate Use of Medical | 17 | | Cannabis Program Act as of the effective date of this Act to | 18 | | begin cultivating, infusing, packaging, transporting (unless | 19 | | otherwise provided in this Act), processing and selling | 20 | | cannabis or cannabis-infused product to cannabis business | 21 | | establishments for resale to purchasers as permitted by this | 22 | | Act as of January 1, 2020. | 23 | | "Early Approval Adult Use Dispensing Organization License" | 24 | | means a license that permits a medical cannabis dispensing | 25 | | organization licensed under the Compassionate Use of Medical | 26 | | Cannabis Program Act as of the effective date of this Act to |
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| 1 | | begin selling cannabis or cannabis-infused product to | 2 | | purchasers as permitted by this Act as of January 1, 2020. | 3 | | "Early Approval Adult Use Dispensing Organization at a | 4 | | secondary site" means a license that permits a medical | 5 | | cannabis dispensing organization licensed under the | 6 | | Compassionate Use of Medical Cannabis Program Act as of the | 7 | | effective date of this Act to begin selling cannabis or | 8 | | cannabis-infused product to purchasers as permitted by this | 9 | | Act on January 1, 2020 at a different dispensary location from | 10 | | its existing registered medical dispensary location. | 11 | | "Enclosed, locked facility" means a room, greenhouse, | 12 | | building, or other enclosed area equipped with locks or other | 13 | | security devices that permit access only by cannabis business | 14 | | establishment agents working for the licensed cannabis | 15 | | business establishment or acting pursuant to this Act to | 16 | | cultivate, process, store, or distribute cannabis. | 17 | | "Enclosed, locked space" means a closet, room, greenhouse, | 18 | | building or other enclosed area equipped with locks or other | 19 | | security devices that permit access only by authorized | 20 | | individuals under this Act. "Enclosed, locked space" may | 21 | | include: | 22 | | (1) a space within a residential building that (i) is | 23 | | the primary residence of the individual cultivating 5 or | 24 | | fewer cannabis plants that are more than 5 inches tall and | 25 | | (ii) includes sleeping quarters and indoor plumbing. The | 26 | | space must only be accessible by a key or code that is |
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| 1 | | different from any key or code that can be used to access | 2 | | the residential building from the exterior; or | 3 | | (2) a structure, such as a shed or greenhouse, that | 4 | | lies on the same plot of land as a residential building | 5 | | that (i) includes sleeping quarters and indoor plumbing | 6 | | and (ii) is used as a primary residence by the person | 7 | | cultivating 5 or fewer cannabis plants that are more than | 8 | | 5 inches tall, such as a shed or greenhouse. The structure | 9 | | must remain locked when it is unoccupied by people. | 10 | | "Financial institution" has the same meaning as "financial | 11 | | organization" as defined in Section 1501 of the Illinois | 12 | | Income Tax Act, and also includes the holding companies, | 13 | | subsidiaries, and affiliates of such financial organizations. | 14 | | "Flowering stage" means the stage of cultivation where and | 15 | | when a cannabis plant is cultivated to produce plant material | 16 | | for cannabis products. This includes mature plants as follows: | 17 | | (1) if greater than 2 stigmas are visible at each | 18 | | internode of the plant; or | 19 | | (2) if the cannabis plant is in an area that has been | 20 | | intentionally deprived of light for a period of time | 21 | | intended to produce flower buds and induce maturation, | 22 | | from the moment the light deprivation began through the | 23 | | remainder of the marijuana plant growth cycle. | 24 | | "Individual" means a natural person. | 25 | | "Infuser organization" or "infuser" means a facility | 26 | | operated by an organization or business that is licensed by |
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| 1 | | the Department of Agriculture to directly incorporate cannabis | 2 | | or cannabis concentrate into a product formulation to produce | 3 | | a cannabis-infused product. | 4 | | "Kief" means the resinous crystal-like trichomes that are | 5 | | found on cannabis and that are accumulated, resulting in a | 6 | | higher concentration of cannabinoids, untreated by heat or | 7 | | pressure, or extracted using a solvent. | 8 | | "Labor peace agreement" means an agreement between a | 9 | | cannabis business establishment and any labor organization | 10 | | recognized under the National Labor Relations Act, referred to | 11 | | in this Act as a bona fide labor organization, that prohibits | 12 | | labor organizations and members from engaging in picketing, | 13 | | work stoppages, boycotts, and any other economic interference | 14 | | with the cannabis business establishment. This agreement means | 15 | | that the cannabis business establishment has agreed not to | 16 | | disrupt efforts by the bona fide labor organization to | 17 | | communicate with, and attempt to organize and represent, the | 18 | | cannabis business establishment's employees. The agreement | 19 | | shall provide a bona fide labor organization access at | 20 | | reasonable times to areas in which the cannabis business | 21 | | establishment's employees work, for the purpose of meeting | 22 | | with employees to discuss their right to representation, | 23 | | employment rights under State law, and terms and conditions of | 24 | | employment. This type of agreement shall not mandate a | 25 | | particular method of election or certification of the bona | 26 | | fide labor organization. |
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| 1 | | "Limited access area" means a room or other area under the | 2 | | control of a cannabis dispensing organization licensed under | 3 | | this Act and upon the licensed premises where cannabis sales | 4 | | occur with access limited to purchasers, dispensing | 5 | | organization owners and other dispensing organization agents, | 6 | | or service professionals conducting business with the | 7 | | dispensing organization, or, if sales to registered qualifying | 8 | | patients, caregivers, provisional patients, and Opioid | 9 | | Alternative Pilot Program participants licensed pursuant to | 10 | | the Compassionate Use of Medical Cannabis Program Act are also | 11 | | permitted at the dispensary, registered qualifying patients, | 12 | | caregivers, provisional patients, and Opioid Alternative Pilot | 13 | | Program participants. | 14 | | "Member of an impacted family" means an individual who has | 15 | | a parent, legal guardian, child, spouse, or dependent, or was | 16 | | a dependent of an individual who, prior to the effective date | 17 | | of this Act, was arrested for, convicted of, or adjudicated | 18 | | delinquent for any offense that is eligible for expungement | 19 | | under this Act. | 20 | | "Mother plant" means a cannabis plant that is cultivated | 21 | | or maintained for the purpose of generating clones, and that | 22 | | will not be used to produce plant material for sale to an | 23 | | infuser or dispensing organization. | 24 | | "Ordinary public view" means within the sight line with | 25 | | normal visual range of a person, unassisted by visual aids, | 26 | | from a public street or sidewalk adjacent to real property, or |
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| 1 | | from within an adjacent property. | 2 | | "Ownership and control" means ownership of at least 51% of | 3 | | the business, including corporate stock if a corporation, and | 4 | | control over the management and day-to-day operations of the | 5 | | business and an interest in the capital, assets, and profits | 6 | | and losses of the business proportionate to percentage of | 7 | | ownership. | 8 | | "Person" means a natural individual, firm, partnership, | 9 | | association, joint stock company, joint venture, public or | 10 | | private corporation, limited liability company, or a receiver, | 11 | | executor, trustee, guardian, or other representative appointed | 12 | | by order of any court. | 13 | | "Possession limit" means the amount of cannabis under | 14 | | Section 10-10 that may be possessed at any one time by a person | 15 | | 21 years of age or older or who is a registered qualifying | 16 | | medical cannabis patient or caregiver under the Compassionate | 17 | | Use of Medical Cannabis Program Act. | 18 | | "Principal officer" includes a cannabis business | 19 | | establishment applicant or licensed cannabis business | 20 | | establishment's board member, owner with more than 1% interest | 21 | | of the total cannabis business establishment or more than 5% | 22 | | interest of the total cannabis business establishment of a | 23 | | publicly traded company, president, vice president, secretary, | 24 | | treasurer, partner, officer, member, manager member, or person | 25 | | with a profit sharing, financial interest, or revenue sharing | 26 | | arrangement. The definition includes a person with authority |
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| 1 | | to control the cannabis business establishment, a person who | 2 | | assumes responsibility for the debts of the cannabis business | 3 | | establishment and who is further defined in this Act. | 4 | | "Primary residence" means a dwelling where a person | 5 | | usually stays or stays more often than other locations. It may | 6 | | be determined by, without limitation, presence, tax filings; | 7 | | address on an Illinois driver's license, an Illinois | 8 | | Identification Card, or an Illinois Person with a Disability | 9 | | Identification Card; or voter registration. No person may have | 10 | | more than one primary residence. | 11 | | "Processing organization" or "processor" means a facility | 12 | | operated by an organization or business that is licensed by | 13 | | the Department of Agriculture to either extract constituent | 14 | | chemicals or compounds to produce cannabis concentrate or | 15 | | incorporate cannabis or cannabis concentrate into a product | 16 | | formulation to produce a cannabis product. | 17 | | "Processing organization agent" means a principal officer, | 18 | | board member, employee, or agent of a processing organization. | 19 | | "Processing organization agent identification card" means | 20 | | a document issued by the Department of Agriculture that | 21 | | identifies a person as a processing organization agent. | 22 | | "Purchaser" means a person 21 years of age or older who | 23 | | acquires cannabis for a valuable consideration. "Purchaser" | 24 | | does not include a cardholder under the Compassionate Use of | 25 | | Medical Cannabis Program Act. | 26 | | "Qualified Social Equity Applicant" means a Social Equity |
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| 1 | | Applicant who has been awarded a conditional license under | 2 | | this Act to operate a cannabis business establishment. | 3 | | "Resided" means an individual's primary residence was | 4 | | located within the relevant geographic area as established by | 5 | | 2 of the following: | 6 | | (1) a signed lease agreement that includes the | 7 | | applicant's name; | 8 | | (2) a property deed that includes the applicant's | 9 | | 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 | 16 | | an 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 | 2 | | of accurately measuring servings. | 3 | | "Transporting organization" or "transporter" means an | 4 | | organization or business that is licensed by the Department of | 5 | | Agriculture to transport cannabis or cannabis-infused product | 6 | | on behalf of a cannabis business establishment or a community | 7 | | college licensed under the Community
College Cannabis | 8 | | Vocational Training Pilot Program.
| 9 | | "Transporting organization agent" means a principal | 10 | | officer, board member, employee, or agent of a transporting | 11 | | organization. | 12 | | "Transporting organization agent identification card" | 13 | | means a document issued by the Department of Agriculture that | 14 | | identifies a person as a transporting organization agent. | 15 | | "Unit of local government" means any county, city, | 16 | | village, or incorporated town. | 17 | | "Vegetative stage" means the stage of cultivation in which | 18 | | a cannabis plant is propagated to produce additional cannabis | 19 | | plants or reach a sufficient size for production. This | 20 | | includes seedlings, clones, mothers, and other immature | 21 | | cannabis plants as follows: | 22 | | (1) if the cannabis plant is in an area that has not | 23 | | been intentionally deprived of light for a period of time | 24 | | intended to produce flower buds and induce maturation, it | 25 | | has no more than 2 stigmas visible at each internode of the | 26 | | cannabis plant; or |
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| 1 | | (2) any cannabis plant that is cultivated solely for | 2 | | the purpose of propagating clones and is never used to | 3 | | produce cannabis.
| 4 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) | 5 | | (410 ILCS 705/15-100)
| 6 | | Sec. 15-100. Security. | 7 | | (a) A dispensing organization shall implement security | 8 | | measures to deter and prevent entry into and theft of cannabis | 9 | | or currency. | 10 | | (b) A dispensing organization shall submit any changes to | 11 | | the floor plan or security plan to the Department for | 12 | | pre-approval. All cannabis shall be maintained and stored in a | 13 | | restricted access area during construction. | 14 | | (c) The dispensing organization shall implement security | 15 | | measures to protect the premises, purchasers, and dispensing | 16 | | organization agents including, but not limited to the | 17 | | following: | 18 | | (1) Establish a locked door or barrier between the | 19 | | facility's entrance and the limited access area; | 20 | | (2) Prevent individuals from remaining on the premises | 21 | | if they are not engaging in activity permitted by this Act | 22 | | or rules; | 23 | | (3) Develop a policy that addresses the maximum | 24 | | capacity and purchaser flow in the waiting rooms and | 25 | | limited access areas; |
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| 1 | | (4) Dispose of cannabis in accordance with this Act | 2 | | and rules; | 3 | | (5) During hours of operation, store and dispense all | 4 | | cannabis from the restricted access area. During | 5 | | operational hours, cannabis shall be stored in an enclosed | 6 | | locked room or cabinet and accessible only to specifically | 7 | | authorized dispensing organization agents; | 8 | | (6) When the dispensary is closed, store all cannabis | 9 | | and currency in a reinforced vault room in the restricted | 10 | | access area and in a manner as to prevent diversion, | 11 | | theft, or loss; | 12 | | (7) Keep the reinforced vault room and any other | 13 | | equipment or cannabis storage areas securely locked and | 14 | | protected from unauthorized entry; | 15 | | (8) Keep an electronic daily log of dispensing | 16 | | organization agents with access to the reinforced vault | 17 | | room and knowledge of the access code or combination; | 18 | | (9) Keep all locks and security equipment in good | 19 | | working order; | 20 | | (10) Maintain an operational security and alarm system | 21 | | at all times; | 22 | | (11) Prohibit keys, if applicable, from being left in | 23 | | the locks, or stored or placed in a location accessible to | 24 | | persons other than specifically authorized personnel; | 25 | | (12) Prohibit accessibility of security measures, | 26 | | including combination numbers, passwords, or electronic or |
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| 1 | | biometric security systems to persons other than | 2 | | specifically authorized dispensing organization agents; | 3 | | (13) Ensure that the dispensary interior and exterior | 4 | | premises are sufficiently lit to facilitate surveillance; | 5 | | (14) Ensure that trees, bushes, and other foliage | 6 | | outside of the dispensary premises do not allow for a | 7 | | person or persons to conceal themselves from sight; | 8 | | (15) Develop emergency policies and procedures for | 9 | | securing all product and currency following any instance | 10 | | of diversion, theft, or loss of cannabis, and conduct an | 11 | | assessment to determine whether additional safeguards are | 12 | | necessary; and | 13 | | (16) Develop sufficient additional safeguards in | 14 | | response to any special security concerns, or as required | 15 | | by the Department. | 16 | | (d) The Department may request or approve alternative | 17 | | security provisions that it determines are an adequate | 18 | | substitute for a security requirement specified in this | 19 | | Article. Any additional protections may be considered by the | 20 | | Department in evaluating overall security measures. | 21 | | (e) A dispensing organization may share premises with up | 22 | | to 3 craft growers, an infuser organization, a cultivation | 23 | | center, or any combination thereof a craft grower or an | 24 | | infuser organization, or both , provided each licensee stores | 25 | | currency and cannabis or cannabis-infused products in a | 26 | | separate secured vault to which the other licensee does not |
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| 1 | | have access or all licensees sharing a vault share more than | 2 | | 50% of the same ownership. | 3 | | (f) A dispensing organization shall provide additional | 4 | | security as needed and in a manner appropriate for the | 5 | | community where it operates. | 6 | | (g) Restricted access areas. | 7 | | (1) All restricted access areas must be identified by | 8 | | the posting of a sign that is a minimum of 12 inches by 12 | 9 | | inches and that states "Do Not Enter - Restricted Access | 10 | | Area - Authorized Personnel Only" in lettering no smaller | 11 | | than one inch in height. | 12 | | (2) All restricted access areas shall be clearly | 13 | | described in the floor plan of the premises, in the form | 14 | | and manner determined by the Department, reflecting walls, | 15 | | partitions, counters, and all areas of entry and exit. The | 16 | | floor plan shall show all storage, disposal, and retail | 17 | | sales areas. | 18 | | (3) All restricted access areas must be secure, with | 19 | | locking devices that prevent access from the limited | 20 | | access areas. | 21 | | (h) Security and alarm. | 22 | | (1) A dispensing organization shall have an adequate | 23 | | security plan and security system to prevent and detect | 24 | | diversion, theft, or loss of cannabis, currency, or | 25 | | unauthorized intrusion using commercial grade equipment | 26 | | installed by an Illinois licensed private alarm contractor |
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| 1 | | or private alarm contractor agency that shall, at a | 2 | | minimum, include: | 3 | | (i) A perimeter alarm on all entry points and | 4 | | glass break protection on perimeter windows; | 5 | | (ii) Security shatterproof tinted film on exterior | 6 | | windows; | 7 | | (iii) A failure notification system that provides | 8 | | an audible, text, or visual notification of any | 9 | | failure in the surveillance system, including, but not | 10 | | limited to, panic buttons, alarms, and video | 11 | | monitoring system. The failure notification system | 12 | | shall provide an alert to designated dispensing | 13 | | organization agents within 5 minutes after the | 14 | | failure, either by telephone or text message; | 15 | | (iv) A duress alarm, panic button, and alarm, or | 16 | | holdup alarm and after-hours intrusion detection alarm | 17 | | that by design and purpose will directly or indirectly | 18 | | notify, by the most efficient means, the Public Safety | 19 | | Answering Point for the law enforcement agency having | 20 | | primary jurisdiction; | 21 | | (v) Security equipment to deter and prevent | 22 | | unauthorized entrance into the dispensary, including | 23 | | electronic door locks on the limited and restricted | 24 | | access areas that include devices or a series of | 25 | | devices to detect unauthorized intrusion that may | 26 | | include a signal system interconnected with a radio |
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| 1 | | frequency method, cellular, private radio signals or | 2 | | other mechanical or electronic device. | 3 | | (2) All security system equipment and recordings shall | 4 | | be maintained in good working order, in a secure location | 5 | | so as to prevent theft, loss, destruction, or alterations. | 6 | | (3) Access to surveillance monitoring recording | 7 | | equipment shall be limited to persons who are essential to | 8 | | surveillance operations, law enforcement authorities | 9 | | acting within their jurisdiction, security system service | 10 | | personnel, and the Department. A current list of | 11 | | authorized dispensing organization agents and service | 12 | | personnel that have access to the surveillance equipment | 13 | | must be available to the Department upon request. | 14 | | (4) All security equipment shall be inspected and | 15 | | tested at regular intervals, not to exceed one month from | 16 | | the previous inspection, and tested to ensure the systems | 17 | | remain functional. | 18 | | (5) The security system shall provide protection | 19 | | against theft and diversion that is facilitated or hidden | 20 | | by tampering with computers or electronic records. | 21 | | (6) The dispensary shall ensure all access doors are | 22 | | not solely controlled by an electronic access panel to | 23 | | ensure that locks are not released during a power outage. | 24 | | (i) To monitor the dispensary, the dispensing organization | 25 | | shall incorporate continuous electronic video monitoring | 26 | | including the following: |
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| 1 | | (1) All monitors must be 19 inches or greater; | 2 | | (2) Unobstructed video surveillance of all enclosed | 3 | | dispensary areas, unless prohibited by law, including all | 4 | | points of entry and exit that shall be appropriate for the | 5 | | normal lighting conditions of the area under surveillance. | 6 | | The cameras shall be directed so all areas are captured, | 7 | | including, but not limited to, safes, vaults, sales areas, | 8 | | and areas where cannabis is stored, handled, dispensed, or | 9 | | destroyed. Cameras shall be angled to allow for facial | 10 | | recognition, the capture of clear and certain | 11 | | identification of any person entering or exiting the | 12 | | dispensary area and in lighting sufficient during all | 13 | | times of night or day; | 14 | | (3) Unobstructed video surveillance of outside areas, | 15 | | the storefront, and the parking lot, that shall be | 16 | | appropriate for the normal lighting conditions of the area | 17 | | under surveillance. Cameras shall be angled so as to allow | 18 | | for the capture of facial recognition, clear and certain | 19 | | identification of any person entering or exiting the | 20 | | dispensary and the immediate surrounding area, and license | 21 | | plates of vehicles in the parking lot; | 22 | | (4) 24-hour recordings from all video cameras | 23 | | available for immediate viewing by the Department upon | 24 | | request. Recordings shall not be destroyed or altered and | 25 | | shall be retained for at least 90 days. Recordings shall | 26 | | be retained as long as necessary if the dispensing |
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| 1 | | organization is aware of the loss or theft of cannabis or a | 2 | | pending criminal, civil, or administrative investigation | 3 | | or legal proceeding for which the recording may contain | 4 | | relevant information; | 5 | | (5) The ability to immediately produce a clear, color | 6 | | still photo from the surveillance video, either live or | 7 | | recorded; | 8 | | (6) A date and time stamp embedded on all video | 9 | | surveillance recordings. The date and time shall be | 10 | | synchronized and set correctly and shall not significantly | 11 | | obscure the picture; | 12 | | (7) The ability to remain operational during a power | 13 | | outage and ensure all access doors are not solely | 14 | | controlled by an electronic access panel to ensure that | 15 | | locks are not released during a power outage; | 16 | | (8) All video surveillance equipment shall allow for | 17 | | the exporting of still images in an industry standard | 18 | | image format, including .jpg, .bmp, and .gif. Exported | 19 | | video shall have the ability to be archived in a | 20 | | proprietary format that ensures authentication of the | 21 | | video and guarantees that no alteration of the recorded | 22 | | image has taken place. Exported video shall also have the | 23 | | ability to be saved in an industry standard file format | 24 | | that can be played on a standard computer operating | 25 | | system. All recordings shall be erased or destroyed before | 26 | | disposal; |
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| 1 | | (9) The video surveillance system shall be operational | 2 | | during a power outage with a 4-hour minimum battery | 3 | | backup; | 4 | | (10) A video camera or cameras recording at each | 5 | | point-of-sale location allowing for the identification of | 6 | | the dispensing organization agent distributing the | 7 | | cannabis and any purchaser. The camera or cameras shall | 8 | | capture the sale, the individuals and the computer | 9 | | monitors used for the sale; | 10 | | (11) A failure notification system that provides an | 11 | | audible and visual notification of any failure in the | 12 | | electronic video monitoring system; and | 13 | | (12) All electronic video surveillance monitoring must | 14 | | record at least the equivalent of 8 frames per second and | 15 | | be available as recordings to the Department and the | 16 | | Illinois State Police 24 hours a day via a secure | 17 | | web-based portal with reverse functionality. | 18 | | (j) The requirements contained in this Act are minimum | 19 | | requirements for operating a dispensing organization. The | 20 | | Department may establish additional requirements by rule.
| 21 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; | 22 | | 102-538, eff. 8-20-21.) | 23 | | (410 ILCS 705/30-30)
| 24 | | Sec. 30-30. Craft grower requirements; prohibitions. | 25 | | (a) The operating documents of a craft grower shall |
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| 1 | | include procedures for the oversight of the craft grower, a | 2 | | cannabis plant monitoring system including a physical | 3 | | inventory recorded weekly, accurate recordkeeping, and a | 4 | | staffing plan. | 5 | | (b) A craft grower shall implement a security plan | 6 | | reviewed by the Department of State Police that includes, but | 7 | | is not limited to: facility access controls, perimeter | 8 | | intrusion detection systems, personnel identification systems, | 9 | | and a 24-hour surveillance system to monitor the interior and | 10 | | exterior of the craft grower facility and that is accessible | 11 | | to authorized law enforcement and the Department of | 12 | | Agriculture in real time. | 13 | | (c) All cultivation of cannabis by a craft grower must | 14 | | take place in an enclosed, locked facility at the physical | 15 | | address provided to the Department of Agriculture during the | 16 | | licensing process. The craft grower location shall only be | 17 | | accessed by the agents working for the craft grower, the | 18 | | Department of Agriculture staff performing inspections, the | 19 | | Department of Public Health staff performing inspections, | 20 | | State and local law enforcement or other emergency personnel, | 21 | | contractors working on jobs unrelated to cannabis, such as | 22 | | installing or maintaining security devices or performing | 23 | | electrical wiring, transporting organization agents as | 24 | | provided in this Act, or participants in the incubator | 25 | | program, individuals in a mentoring or educational program | 26 | | approved by the State, or other individuals as provided by |
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| 1 | | rule. However, if a craft grower shares a premises with an | 2 | | infuser or dispensing organization, agents from those other | 3 | | licensees may access the craft grower portion of the premises | 4 | | if that is the location of common bathrooms, lunchrooms, | 5 | | locker rooms, or other areas of the building where work or | 6 | | cultivation of cannabis is not performed. At no time may an | 7 | | infuser or dispensing organization agent perform work at a | 8 | | craft grower without being a registered agent of the craft | 9 | | grower. | 10 | | (d) A craft grower may not sell or distribute any cannabis | 11 | | to any person other than a cultivation center, a craft grower, | 12 | | an infuser organization, a dispensing organization, or as | 13 | | otherwise authorized by rule. | 14 | | (e) A craft grower may not be located in an area zoned for | 15 | | residential use. | 16 | | (f) A craft grower may not either directly or indirectly | 17 | | discriminate in price between different cannabis business | 18 | | establishments that are purchasing a like grade, strain, | 19 | | brand, and quality of cannabis or cannabis-infused product. | 20 | | Nothing in this subsection (f) prevents a craft grower from | 21 | | pricing cannabis differently based on differences in the cost | 22 | | of manufacturing or processing, the quantities sold, such as | 23 | | volume discounts, or the way the products are delivered. | 24 | | (g) All cannabis harvested by a craft grower and intended | 25 | | for distribution to a dispensing organization must be entered | 26 | | into a data collection system, packaged and labeled under |
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| 1 | | Section 55-21, and, if distribution is to a dispensing | 2 | | organization that does not share a premises with the | 3 | | dispensing organization receiving the cannabis, placed into a | 4 | | cannabis container for transport. All cannabis harvested by a | 5 | | craft grower and intended for distribution to a cultivation | 6 | | center, to an infuser organization, or to a craft grower with | 7 | | which it does not share a premises, must be packaged in a | 8 | | labeled cannabis container and entered into a data collection | 9 | | system before transport. | 10 | | (h) Craft growers are subject to random inspections by the | 11 | | Department of Agriculture, local safety or health inspectors, | 12 | | and the Department of State Police. | 13 | | (i) A craft grower agent shall notify local law | 14 | | enforcement, the Department of State Police, and the | 15 | | Department of Agriculture within 24 hours of the discovery of | 16 | | any loss or theft. Notification shall be made by phone, in | 17 | | person, or written or electronic communication. | 18 | | (j) A craft grower shall comply with all State and any | 19 | | applicable federal rules and regulations regarding the use of | 20 | | pesticides. | 21 | | (k) A craft grower or craft grower agent shall not | 22 | | transport cannabis or cannabis-infused products to any other | 23 | | cannabis business establishment without a transport | 24 | | organization license unless: | 25 | | (i) If the craft grower is located in a county with a | 26 | | population of 3,000,000 or more, the cannabis business |
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| 1 | | establishment receiving the cannabis is within 2,000 feet | 2 | | of the property line of the craft grower; | 3 | | (ii) If the craft grower is located in a county with a | 4 | | population of more than 700,000 but fewer than 3,000,000, | 5 | | the cannabis business establishment receiving the cannabis | 6 | | is within 2 miles of the craft grower; or | 7 | | (iii) If the craft grower is located in a county with a | 8 | | population of fewer than 700,000, the cannabis business | 9 | | establishment receiving the cannabis is within 15 miles of | 10 | | the craft grower. | 11 | | (l) A craft grower may enter into a contract with a | 12 | | transporting organization to transport cannabis to a | 13 | | cultivation center, a craft grower, an infuser organization, a | 14 | | dispensing organization, or a laboratory. | 15 | | (m) No person or entity shall hold any legal, equitable, | 16 | | ownership, or beneficial interest, directly or indirectly, of | 17 | | more than 3 craft grower licenses. Further, no person or | 18 | | entity that is employed by, an agent of, or has a contract to | 19 | | receive payment from or participate in the management of a | 20 | | craft grower, is a principal officer of a craft grower, or | 21 | | entity controlled by or affiliated with a principal officer of | 22 | | a craft grower shall hold any legal, equitable, ownership, or | 23 | | beneficial interest, directly or indirectly, in a craft grower | 24 | | license that would result in the person or entity owning or | 25 | | controlling in combination with any craft grower, principal | 26 | | officer of a craft grower, or entity controlled or affiliated |
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| 1 | | with a principal officer of a craft grower by which he, she, or | 2 | | it is employed, is an agent of, or participates in the | 3 | | management of more than 3 craft grower licenses. | 4 | | (n) It is unlawful for any person having a craft grower | 5 | | license or any officer, associate, member, representative, or | 6 | | agent of the licensee to offer or deliver money, or anything | 7 | | else of value, directly or indirectly, to any person having an | 8 | | Early Approval Adult Use Dispensing Organization License, a | 9 | | Conditional Adult Use Dispensing Organization License, an | 10 | | Adult Use Dispensing Organization License, or a medical | 11 | | cannabis dispensing organization license issued under the | 12 | | Compassionate Use of Medical Cannabis Program Act, or to any | 13 | | person connected with or in any way representing, or to any | 14 | | member of the family of, the person holding an Early Approval | 15 | | Adult Use Dispensing Organization License, a Conditional Adult | 16 | | Use Dispensing Organization License, an Adult Use Dispensing | 17 | | Organization License, or a medical cannabis dispensing | 18 | | organization license issued under the Compassionate Use of | 19 | | Medical Cannabis Program Act, or to any stockholders in any | 20 | | corporation engaged in the retail sale of cannabis, or to any | 21 | | officer, manager, agent, or representative of the Early | 22 | | Approval Adult Use Dispensing Organization License, a | 23 | | Conditional Adult Use Dispensing Organization License, an | 24 | | Adult Use Dispensing Organization License, or a medical | 25 | | cannabis dispensing organization license issued under the | 26 | | Compassionate Use of Medical Cannabis Program Act to obtain |
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| 1 | | preferential placement within the dispensing organization, | 2 | | including, without limitation, on shelves and in display cases | 3 | | where purchasers can view products, or on the dispensing | 4 | | organization's website. | 5 | | (o) A craft grower shall not be located within 1,500 feet | 6 | | of another craft grower or a cultivation center , unless the | 7 | | craft grower shares premises with up to 2 other craft growers, | 8 | | an infuser organization, a dispensing organization, or any | 9 | | combination thereof as provided under the definition of "craft | 10 | | grower" in Section 1-10 or under subsection (e) of Section | 11 | | 15-100 or subsection (l) of Section 35-25 . | 12 | | (p) A craft grower may process cannabis, cannabis | 13 | | concentrates, and cannabis-infused products. | 14 | | (q) A craft grower must comply with any other requirements | 15 | | or prohibitions set by administrative rule of the Department | 16 | | of Agriculture.
| 17 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) | 18 | | (410 ILCS 705/35-25)
| 19 | | Sec. 35-25. Infuser organization requirements; | 20 | | prohibitions. | 21 | | (a) The operating documents of an infuser shall include | 22 | | procedures for the oversight of the infuser, an inventory | 23 | | monitoring system including a physical inventory recorded | 24 | | weekly, accurate recordkeeping, and a staffing plan. | 25 | | (b) An infuser shall implement a security plan reviewed by |
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| 1 | | the Department of State Police that includes, but is not | 2 | | limited to: facility access controls, perimeter intrusion | 3 | | detection systems, personnel identification systems, and a | 4 | | 24-hour surveillance system to monitor the interior and | 5 | | exterior of the infuser facility and that is accessible to | 6 | | authorized law enforcement, the Department of Public Health, | 7 | | and the Department of Agriculture in real time. | 8 | | (c) All processing of cannabis by an infuser must take | 9 | | place in an enclosed, locked facility at the physical address | 10 | | provided to the Department of Agriculture during the licensing | 11 | | process. The infuser location shall only be accessed by the | 12 | | agents working for the infuser, the Department of Agriculture | 13 | | staff performing inspections, the Department of Public Health | 14 | | staff performing inspections, State and local law enforcement | 15 | | or other emergency personnel, contractors working on jobs | 16 | | unrelated to cannabis, such as installing or maintaining | 17 | | security devices or performing electrical wiring, transporting | 18 | | organization agents as provided in this Act, participants in | 19 | | the incubator program, individuals in a mentoring or | 20 | | educational program approved by the State, local safety or | 21 | | health inspectors, or other individuals as provided by rule. | 22 | | However, if an infuser shares a premises with a craft grower or | 23 | | dispensing organization, agents from these other licensees may | 24 | | access the infuser portion of the premises if that is the | 25 | | location of common bathrooms, lunchrooms, locker rooms, or | 26 | | other areas of the building where processing of cannabis is |
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| 1 | | not performed. At no time may a craft grower or dispensing | 2 | | organization agent perform work at an infuser without being a | 3 | | registered agent of the infuser. | 4 | | (d) An infuser may not sell or distribute any cannabis to | 5 | | any person other than a dispensing organization, or as | 6 | | otherwise authorized by rule. | 7 | | (e) An infuser may not either directly or indirectly | 8 | | discriminate in price between different cannabis business | 9 | | establishments that are purchasing a like grade, strain, | 10 | | brand, and quality of cannabis or cannabis-infused product. | 11 | | Nothing in this subsection (e) prevents an infuser from | 12 | | pricing cannabis differently based on differences in the cost | 13 | | of manufacturing or processing, the quantities sold, such | 14 | | volume discounts, or the way the products are delivered. | 15 | | (f) All cannabis infused by an infuser and intended for | 16 | | distribution to a dispensing organization must be entered into | 17 | | a data collection system, packaged and labeled under Section | 18 | | 55-21, and, if distribution is to a dispensing organization | 19 | | that does not share a premises with the infuser, placed into a | 20 | | cannabis container for transport. All cannabis produced by an | 21 | | infuser and intended for distribution to a cultivation center, | 22 | | infuser organization, or craft grower with which it does not | 23 | | share a premises, must be packaged in a labeled cannabis | 24 | | container and entered into a data collection system before | 25 | | transport. | 26 | | (g) Infusers are subject to random inspections by the |
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| 1 | | Department of Agriculture, the Department of Public Health, | 2 | | the Department of State Police, and local law enforcement. | 3 | | (h) An infuser agent shall notify local law enforcement, | 4 | | the Department of State Police, and the Department of | 5 | | Agriculture within 24 hours of the discovery of any loss or | 6 | | theft. Notification shall be made by phone, in person, or by | 7 | | written or electronic communication. | 8 | | (i) An infuser organization may not be located in an area | 9 | | zoned for residential use. | 10 | | (j) An infuser or infuser agent shall not transport | 11 | | cannabis or cannabis-infused products to any other cannabis | 12 | | business establishment without a transport organization | 13 | | license unless: | 14 | | (i) If the infuser is located in a county with a | 15 | | population of 3,000,000 or more, the cannabis business | 16 | | establishment receiving the cannabis or cannabis-infused | 17 | | product is within 2,000 feet of the property line of the | 18 | | infuser; | 19 | | (ii) If the infuser is located in a county with a | 20 | | population of more than 700,000 but fewer than 3,000,000, | 21 | | the cannabis business establishment receiving the cannabis | 22 | | or cannabis-infused product is within 2 miles of the | 23 | | infuser; or | 24 | | (iii) If the infuser is located in a county with a | 25 | | population of fewer than 700,000, the cannabis business | 26 | | establishment receiving the cannabis or cannabis-infused |
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| 1 | | product is within 15 miles of the infuser. | 2 | | (k) An infuser may enter into a contract with a | 3 | | transporting organization to transport cannabis to a | 4 | | dispensing organization or a laboratory. | 5 | | (l) An infuser organization may share premises with up to | 6 | | 3 craft growers, a cultivation center, a dispensing | 7 | | organization, or any combination thereof a craft grower or a | 8 | | dispensing organization, or both , provided each licensee | 9 | | stores currency and cannabis or cannabis-infused products in a | 10 | | separate secured vault to which the other licensee does not | 11 | | have access or all licensees sharing a vault share more than | 12 | | 50% of the same ownership. | 13 | | (m) It is unlawful for any person or entity having an | 14 | | infuser organization license or any officer, associate, | 15 | | member, representative or agent of such licensee to offer or | 16 | | deliver money, or anything else of value, directly or | 17 | | indirectly to any person having an Early Approval Adult Use | 18 | | Dispensing Organization License, a Conditional Adult Use | 19 | | Dispensing Organization License, an Adult Use Dispensing | 20 | | Organization License, or a medical cannabis dispensing | 21 | | organization license issued under the Compassionate Use of | 22 | | Medical Cannabis Program Act, or to any person connected with | 23 | | or in any way representing, or to any member of the family of, | 24 | | such person holding an Early Approval Adult Use Dispensing | 25 | | Organization License, a Conditional Adult Use Dispensing | 26 | | Organization License, an Adult Use Dispensing Organization |
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| 1 | | License, or a medical cannabis dispensing organization license | 2 | | issued under the Compassionate Use of Medical Cannabis Program | 3 | | Act, or to any stockholders in any corporation engaged the | 4 | | retail sales of cannabis, or to any officer, manager, agent, | 5 | | or representative of the Early Approval Adult Use Dispensing | 6 | | Organization License, a Conditional Adult Use Dispensing | 7 | | Organization License, an Adult Use Dispensing Organization | 8 | | License, or a medical cannabis dispensing organization license | 9 | | issued under the Compassionate Use of Medical Cannabis Program | 10 | | Act to obtain preferential placement within the dispensing | 11 | | organization, including, without limitation, on shelves and in | 12 | | display cases where purchasers can view products, or on the | 13 | | dispensing organization's website. | 14 | | (n) At no time shall an infuser organization or an infuser | 15 | | agent perform the extraction of cannabis concentrate from | 16 | | cannabis flower.
| 17 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
| 18 | | Section 99. Effective date. This Act takes effect upon | 19 | | becoming law.
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