Full Text of SB3105 102nd General Assembly
SB3105sam001 102ND GENERAL ASSEMBLY | Sen. Cristina Castro Filed: 2/10/2022
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| 1 | | AMENDMENT TO SENATE BILL 3105
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3105 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Cannabis Regulation and Tax Act is amended | 5 | | by changing Section 1-10 as follows: | 6 | | (410 ILCS 705/1-10)
| 7 | | Sec. 1-10. Definitions. In this Act: | 8 | | "Adult Use Cultivation Center License" means a license | 9 | | issued by the Department of Agriculture that permits a person | 10 | | to act as a cultivation center under this Act and any | 11 | | administrative rule made in furtherance of this Act. | 12 | | "Adult Use Dispensing Organization License" means a | 13 | | license issued by the Department of Financial and Professional | 14 | | Regulation that permits a person to act as a dispensing | 15 | | organization under this Act and any administrative rule made | 16 | | in 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 | 5 | | display of window and interior signs. "Advertise" does not | 6 | | mean 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 | | "BLS Region" means a region in Illinois used by the United | 12 | | States Bureau of Labor Statistics to gather and categorize | 13 | | certain employment and wage data. The 17 such regions in | 14 | | Illinois are: Bloomington, Cape Girardeau, Carbondale-Marion, | 15 | | Champaign-Urbana, Chicago-Naperville-Elgin, Danville, | 16 | | Davenport-Moline-Rock Island, Decatur, Kankakee, Peoria, | 17 | | Rockford, St. Louis, Springfield, Northwest Illinois | 18 | | nonmetropolitan area, West Central Illinois nonmetropolitan | 19 | | area, East Central Illinois nonmetropolitan area, and South | 20 | | Illinois nonmetropolitan area. | 21 | | "By lot" means a randomized method of choosing between 2 | 22 | | or more Eligible Tied Applicants or 2 or more Qualifying | 23 | | Applicants. | 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 | 9 | | stalks, 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 |
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| 1 | | use of smoking or making a cannabis-infused product. The use | 2 | | of any other solvent is expressly prohibited unless and until | 3 | | it is 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 | 12 | | kief, leaves, and buds, but not resin that has been extracted | 13 | | from any part of such plant; nor any compound, manufacture, | 14 | | salt, derivative, mixture, or preparation of such plant, its | 15 | | seeds, 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 Illinois State Police for the | 7 | | purposes of documenting each cannabis plant and monitoring | 8 | | plant development throughout the life cycle of a cannabis | 9 | | plant 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 | 21 | | is 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 a Community College Cannabis Vocational | 2 | | Training Pilot Program faculty participant. | 3 | | "Conditional Adult Use Dispensing Organization License" | 4 | | means a contingent license awarded to applicants for an Adult | 5 | | Use Dispensing Organization License that reserves the right to | 6 | | an Adult Use Dispensing Organization License if the applicant | 7 | | meets certain conditions described in this Act, but does not | 8 | | entitle the recipient to begin purchasing or selling cannabis | 9 | | 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 | 18 | | organization or business that is licensed by the Department of | 19 | | Agriculture to cultivate, dry, cure, and package cannabis and | 20 | | perform other necessary activities to make cannabis available | 21 | | for sale at a dispensing organization or use at a processing | 22 | | organization. A craft grower may contain up to 14,000 5,000 | 23 | | square feet of canopy space on its premises for plants in the | 24 | | flowering state. Plants in the flowering stage The Department | 25 | | of Agriculture may authorize an increase or decrease of | 26 | | flowering stage cultivation space in increments of 3,000 |
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| 1 | | square feet by rule based on market need, craft grower | 2 | | capacity, and the licensee's history of compliance or | 3 | | noncompliance, with a maximum space of 14,000 square feet for | 4 | | cultivating plants in the flowering stage, which must be | 5 | | cultivated in all stages of growth in an enclosed and secure | 6 | | area. A craft grower may share premises with a processing | 7 | | organization or a dispensing organization, or both, provided | 8 | | each licensee stores currency and cannabis or cannabis-infused | 9 | | products in a separate secured vault to which the other | 10 | | licensee does not have access or all licensees sharing a vault | 11 | | share more than 50% of the same ownership. | 12 | | "Craft grower agent" means a principal officer, board | 13 | | member, employee, or other agent of a craft grower who is 21 | 14 | | years of age or older. | 15 | | "Craft Grower Agent Identification Card" means a document | 16 | | issued by the Department of Agriculture that identifies a | 17 | | person as a craft grower agent. | 18 | | "Cultivation center" means a facility operated by an | 19 | | organization or business that is licensed by the Department of | 20 | | Agriculture to cultivate, process, transport (unless otherwise | 21 | | limited by this Act), and perform other necessary activities | 22 | | to provide cannabis and cannabis-infused products to cannabis | 23 | | business establishments. | 24 | | "Cultivation center agent" means a principal officer, | 25 | | board member, employee, or other agent of a cultivation center | 26 | | who is 21 years of age or older. |
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| 1 | | "Cultivation Center Agent Identification Card" means a | 2 | | document issued by the Department of Agriculture that | 3 | | identifies a person as a cultivation center agent. | 4 | | "Currency" means currency and coin of the United States. | 5 | | "Dispensary" means a facility operated by a dispensing | 6 | | organization at which activities licensed by this Act may | 7 | | occur. | 8 | | "Dispensary Applicant" means the Proposed Dispensing | 9 | | Organization Name as stated on an application for a | 10 | | Conditional Adult Use Dispensing Organization License. | 11 | | "Dispensing organization" means a facility operated by an | 12 | | organization or business that is licensed by the Department of | 13 | | Financial and Professional Regulation to acquire cannabis from | 14 | | a cultivation center, craft grower, processing organization, | 15 | | or another dispensary for the purpose of selling or dispensing | 16 | | cannabis, cannabis-infused products, cannabis seeds, | 17 | | paraphernalia, or related supplies under this Act to | 18 | | purchasers or to qualified registered medical cannabis | 19 | | patients and caregivers. As used in this Act, "dispensing | 20 | | organization" includes a registered medical cannabis | 21 | | organization as defined in the Compassionate Use of Medical | 22 | | Cannabis Program Act or its successor Act that has obtained an | 23 | | Early Approval Adult Use Dispensing Organization License. | 24 | | "Dispensing organization agent" means a principal officer, | 25 | | employee, or agent of a dispensing organization who is 21 | 26 | | years of age or older. |
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| 1 | | "Dispensing organization agent identification card" means | 2 | | a document issued by the Department of Financial and | 3 | | Professional Regulation that identifies a person as a | 4 | | dispensing organization agent. | 5 | | "Disproportionately Impacted Area" means a census tract or | 6 | | comparable geographic area that satisfies the following | 7 | | criteria as determined by the Department of Commerce and | 8 | | Economic Opportunity, that: | 9 | | (1) meets at least one of the following criteria: | 10 | | (A) the area has a poverty rate of at least 20% | 11 | | according to the latest federal decennial census; or | 12 | | (B) 75% or more of the children in the area | 13 | | participate in the federal free lunch program | 14 | | according to reported statistics from the State Board | 15 | | of Education; or | 16 | | (C) at least 20% of the households in the area | 17 | | receive assistance under the Supplemental Nutrition | 18 | | Assistance Program; or | 19 | | (D) the area has an average unemployment rate, as | 20 | | determined by the Illinois Department of Employment | 21 | | Security, that is more than 120% of the national | 22 | | unemployment average, as determined by the United | 23 | | States Department of Labor, for a period of at least 2 | 24 | | consecutive calendar years preceding the date of the | 25 | | application; and | 26 | | (2) has high rates of arrest, conviction, and |
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| 1 | | incarceration related to the sale, possession, use, | 2 | | cultivation, manufacture, or transport of cannabis. | 3 | | "Early Approval Adult Use Cultivation Center License" | 4 | | means a license that permits a medical cannabis cultivation | 5 | | center licensed under the Compassionate Use of Medical | 6 | | Cannabis Program Act as of the effective date of this Act to | 7 | | begin cultivating, infusing, packaging, transporting (unless | 8 | | otherwise provided in this Act), processing , and selling | 9 | | cannabis or cannabis-infused product to cannabis business | 10 | | establishments for resale to purchasers as permitted by this | 11 | | Act as of January 1, 2020. | 12 | | "Early Approval Adult Use Dispensing Organization License" | 13 | | means a license that permits a medical cannabis dispensing | 14 | | organization licensed under the Compassionate Use of Medical | 15 | | Cannabis Program Act as of the effective date of this Act to | 16 | | begin selling cannabis or cannabis-infused product to | 17 | | purchasers as permitted by this Act as of January 1, 2020. | 18 | | "Early Approval Adult Use Dispensing Organization at a | 19 | | secondary site" means a license that permits a medical | 20 | | cannabis dispensing organization licensed under the | 21 | | Compassionate Use of Medical Cannabis Program Act as of the | 22 | | effective date of this Act to begin selling cannabis or | 23 | | cannabis-infused product to purchasers as permitted by this | 24 | | Act on January 1, 2020 at a different dispensary location from | 25 | | its existing registered medical dispensary location. | 26 | | "Eligible Tied Applicant" means a Tied Applicant that is |
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| 1 | | eligible to participate in the process by which a remaining | 2 | | available license is distributed by lot pursuant to a Tied | 3 | | Applicant Lottery. | 4 | | "Enclosed, locked facility" means a room, greenhouse, | 5 | | building, or other enclosed area equipped with locks or other | 6 | | security devices that permit access only by cannabis business | 7 | | establishment agents working for the licensed cannabis | 8 | | business establishment or acting pursuant to this Act to | 9 | | cultivate, process, store, or distribute cannabis. | 10 | | "Enclosed, locked space" means a closet, room, greenhouse, | 11 | | building , or other enclosed area equipped with locks or other | 12 | | security devices that permit access only by authorized | 13 | | individuals under this Act. "Enclosed, locked space" may | 14 | | include: | 15 | | (1) a space within a residential building that (i) is | 16 | | the primary residence of the individual cultivating 5 or | 17 | | fewer cannabis plants that are more than 5 inches tall and | 18 | | (ii) includes sleeping quarters and indoor plumbing. The | 19 | | space must only be accessible by a key or code that is | 20 | | different from any key or code that can be used to access | 21 | | the residential building from the exterior; or | 22 | | (2) a structure, such as a shed or greenhouse, that | 23 | | lies on the same plot of land as a residential building | 24 | | that (i) includes sleeping quarters and indoor plumbing | 25 | | and (ii) is used as a primary residence by the person | 26 | | cultivating 5 or fewer cannabis plants that are more than |
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| 1 | | 5 inches tall, such as a shed or greenhouse. The structure | 2 | | must remain locked when it is unoccupied by people. | 3 | | "Financial institution" has the same meaning as "financial | 4 | | organization" as defined in Section 1501 of the Illinois | 5 | | Income Tax Act, and also includes the holding companies, | 6 | | subsidiaries, and affiliates of such financial organizations. | 7 | | "Flowering stage" means the stage of cultivation where and | 8 | | when a cannabis plant is cultivated to produce plant material | 9 | | for cannabis products. This includes mature plants as follows: | 10 | | (1) if greater than 2 stigmas are visible at each | 11 | | internode of the plant; or | 12 | | (2) if the cannabis plant is in an area that has been | 13 | | intentionally deprived of light for a period of time | 14 | | intended to produce flower buds and induce maturation, | 15 | | from the moment the light deprivation began through the | 16 | | remainder of the marijuana plant growth cycle. | 17 | | "Individual" means a natural person. | 18 | | "Infuser organization" or "infuser" means a facility | 19 | | operated by an organization or business that is licensed by | 20 | | the Department of Agriculture to directly incorporate cannabis | 21 | | or cannabis concentrate into a product formulation to produce | 22 | | a cannabis-infused product. | 23 | | "Kief" means the resinous crystal-like trichomes that are | 24 | | found on cannabis and that are accumulated, resulting in a | 25 | | higher concentration of cannabinoids, untreated by heat or | 26 | | pressure, or extracted using a solvent. |
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| 1 | | "Labor peace agreement" means an agreement between a | 2 | | cannabis business establishment and any labor organization | 3 | | recognized under the National Labor Relations Act, referred to | 4 | | in this Act as a bona fide labor organization, that prohibits | 5 | | labor organizations and members from engaging in picketing, | 6 | | work stoppages, boycotts, and any other economic interference | 7 | | with the cannabis business establishment. This agreement means | 8 | | that the cannabis business establishment has agreed not to | 9 | | disrupt efforts by the bona fide labor organization to | 10 | | communicate with, and attempt to organize and represent, the | 11 | | cannabis business establishment's employees. The agreement | 12 | | shall provide a bona fide labor organization access at | 13 | | reasonable times to areas in which the cannabis business | 14 | | establishment's employees work, for the purpose of meeting | 15 | | with employees to discuss their right to representation, | 16 | | employment rights under State law, and terms and conditions of | 17 | | employment. This type of agreement shall not mandate a | 18 | | particular method of election or certification of the bona | 19 | | fide labor organization. | 20 | | "Limited access area" means a room or other area under the | 21 | | control of a cannabis dispensing organization licensed under | 22 | | this Act and upon the licensed premises where cannabis sales | 23 | | occur with access limited to purchasers, dispensing | 24 | | organization owners and other dispensing organization agents, | 25 | | or service professionals conducting business with the | 26 | | dispensing organization, or, if sales to registered qualifying |
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| 1 | | patients, caregivers, provisional patients, and Opioid | 2 | | Alternative Pilot Program participants licensed pursuant to | 3 | | the Compassionate Use of Medical Cannabis Program Act are also | 4 | | permitted at the dispensary, registered qualifying patients, | 5 | | caregivers, provisional patients, and Opioid Alternative Pilot | 6 | | Program participants. | 7 | | "Member of an impacted family" means an individual who has | 8 | | a parent, legal guardian, child, spouse, or dependent, or was | 9 | | a dependent of an individual who, prior to the effective date | 10 | | of this Act, was arrested for, convicted of, or adjudicated | 11 | | delinquent for any offense that is eligible for expungement | 12 | | under this Act. | 13 | | "Mother plant" means a cannabis plant that is cultivated | 14 | | or maintained for the purpose of generating clones, and that | 15 | | will not be used to produce plant material for sale to an | 16 | | infuser or dispensing organization. | 17 | | "Ordinary public view" means within the sight line with | 18 | | normal visual range of a person, unassisted by visual aids, | 19 | | from a public street or sidewalk adjacent to real property, or | 20 | | from within an adjacent property. | 21 | | "Ownership and control" means ownership of at least 51% of | 22 | | the business, including corporate stock if a corporation, and | 23 | | control over the management and day-to-day operations of the | 24 | | business and an interest in the capital, assets, and profits | 25 | | and losses of the business proportionate to percentage of | 26 | | ownership. |
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| 1 | | "Person" means a natural individual, firm, partnership, | 2 | | association, joint stock company, joint venture, public or | 3 | | private corporation, limited liability company, or a receiver, | 4 | | executor, trustee, guardian, or other representative appointed | 5 | | by order of any court. | 6 | | "Possession limit" means the amount of cannabis under | 7 | | Section 10-10 that may be possessed at any one time by a person | 8 | | 21 years of age or older or who is a registered qualifying | 9 | | medical cannabis patient or caregiver under the Compassionate | 10 | | Use of Medical Cannabis Program Act. | 11 | | "Principal officer" includes a cannabis business | 12 | | establishment applicant or licensed cannabis business | 13 | | establishment's board member, owner with more than 1% interest | 14 | | of the total cannabis business establishment or more than 5% | 15 | | interest of the total cannabis business establishment of a | 16 | | publicly traded company, president, vice president, secretary, | 17 | | treasurer, partner, officer, member, manager member, or person | 18 | | with a profit sharing, financial interest, or revenue sharing | 19 | | arrangement. The definition includes a person with authority | 20 | | to control the cannabis business establishment, a person who | 21 | | assumes responsibility for the debts of the cannabis business | 22 | | establishment and who is further defined in this Act. | 23 | | "Primary residence" means a dwelling where a person | 24 | | usually stays or stays more often than other locations. It may | 25 | | be determined by, without limitation, presence, tax filings; | 26 | | address on an Illinois driver's license, an Illinois |
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| 1 | | Identification Card, or an Illinois Person with a Disability | 2 | | Identification Card; or voter registration. No person may have | 3 | | more than one primary residence. | 4 | | "Processing organization" or "processor" means a facility | 5 | | operated by an organization or business that is licensed by | 6 | | the Department of Agriculture to either extract constituent | 7 | | chemicals or compounds to produce cannabis concentrate or | 8 | | incorporate cannabis or cannabis concentrate into a product | 9 | | formulation to produce a cannabis product. | 10 | | "Processing organization agent" means a principal officer, | 11 | | board member, employee, or agent of a processing organization. | 12 | | "Processing organization agent identification card" means | 13 | | a document issued by the Department of Agriculture that | 14 | | identifies a person as a processing organization agent. | 15 | | "Purchaser" means a person 21 years of age or older who | 16 | | acquires cannabis for a valuable consideration. "Purchaser" | 17 | | does not include a cardholder under the Compassionate Use of | 18 | | Medical Cannabis Program Act. | 19 | | "Qualifying Applicant" means an applicant that submitted | 20 | | an application pursuant to Section 15-30 that received at | 21 | | least 85% of 250 application points available under Section | 22 | | 15-30 as the applicant's final score and meets the definition | 23 | | of "Social Equity Applicant" as set forth under this Section. | 24 | | "Qualifying Social Equity Justice Involved Applicant" | 25 | | means an applicant that submitted an application pursuant to | 26 | | Section 15-30 that received at least 85% of 250 application |
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| 1 | | points available under Section 15-30 as the applicant's final | 2 | | score and meets the criteria of either paragraph (1) or (2) of | 3 | | the definition of "Social Equity Applicant" as set forth under | 4 | | this Section. | 5 | | "Qualified Social Equity Applicant" means a Social Equity | 6 | | Applicant who has been awarded a conditional license under | 7 | | this Act to operate a cannabis business establishment. | 8 | | "Resided" means an individual's primary residence was | 9 | | located within the relevant geographic area as established by | 10 | | 2 of the following: | 11 | | (1) a signed lease agreement that includes the | 12 | | applicant's name; | 13 | | (2) a property deed that includes the applicant's | 14 | | name; | 15 | | (3) school records; | 16 | | (4) a voter registration card; | 17 | | (5) an Illinois driver's license, an Illinois | 18 | | Identification Card, or an Illinois Person with a | 19 | | Disability Identification Card; | 20 | | (6) a paycheck stub; | 21 | | (7) a utility bill; | 22 | | (8) tax records; or | 23 | | (9) any other proof of residency or other information | 24 | | necessary to establish residence as provided by rule. | 25 | | "Smoking" means the inhalation of smoke caused by the | 26 | | combustion of cannabis. |
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| 1 | | "Social Equity Applicant" means an applicant that is an | 2 | | Illinois resident that meets one of the following criteria: | 3 | | (1) an applicant with at least 51% ownership and | 4 | | control by one or more individuals who have resided for at | 5 | | least 5 of the preceding 10 years in a Disproportionately | 6 | | Impacted Area; | 7 | | (2) an applicant with at least 51% ownership and | 8 | | control by one or more individuals who:
| 9 | | (i) have been arrested for, convicted of, or | 10 | | adjudicated delinquent for any offense that is | 11 | | eligible for expungement under this Act; or
| 12 | | (ii) is a member of an impacted family; | 13 | | (3) for applicants with a minimum of 10 full-time | 14 | | employees, an applicant with at least 51% of current | 15 | | employees who: | 16 | | (i) currently reside in a Disproportionately | 17 | | Impacted Area; or | 18 | | (ii) have been arrested for, convicted of, or | 19 | | adjudicated delinquent for any offense that is | 20 | | eligible for expungement under this Act or member of | 21 | | an impacted family. | 22 | | Nothing in this Act shall be construed to preempt or limit | 23 | | the duties of any employer under the Job Opportunities for | 24 | | Qualified Applicants Act. Nothing in this Act shall permit an | 25 | | employer to require an employee to disclose sealed or expunged | 26 | | offenses, unless otherwise required by law. |
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| 1 | | "Tied Applicant" means an application submitted by a | 2 | | Dispensary Applicant pursuant to Section 15-30 that received | 3 | | the same number of application points under Section 15-30 as | 4 | | the Dispensary Applicant's final score as one or more | 5 | | top-scoring applications in the same BLS Region and would have | 6 | | been awarded a license but for the one or more other | 7 | | top-scoring applications that received the same number of | 8 | | application points. Each application for which a Dispensary | 9 | | Applicant was required to pay a required application fee for | 10 | | the application period ending January 2, 2020 shall be | 11 | | considered an application of a separate Tied Applicant. | 12 | | "Tied Applicant Lottery" means the process established | 13 | | under 68 Ill. Adm. Code 1291.50 for awarding Conditional Adult | 14 | | Use Dispensing Organization Licenses pursuant to Sections | 15 | | 15-25 and 15-30 among Eligible Tied Applicants. | 16 | | "Tincture" means a cannabis-infused solution, typically | 17 | | comprised of alcohol, glycerin, or vegetable oils, derived | 18 | | either directly from the cannabis plant or from a processed | 19 | | cannabis extract. A tincture is not an alcoholic liquor as | 20 | | defined in the Liquor Control Act of 1934. A tincture shall | 21 | | include a calibrated dropper or other similar device capable | 22 | | of accurately measuring servings. | 23 | | "Transporting organization" or "transporter" means an | 24 | | organization or business that is licensed by the Department of | 25 | | Agriculture to transport cannabis or cannabis-infused product | 26 | | on behalf of a cannabis business establishment or a community |
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| 1 | | college licensed under the Community
College Cannabis | 2 | | Vocational Training Pilot Program.
| 3 | | "Transporting organization agent" means a principal | 4 | | officer, board member, employee, or agent of a transporting | 5 | | organization. | 6 | | "Transporting organization agent identification card" | 7 | | means a document issued by the Department of Agriculture that | 8 | | identifies a person as a transporting organization agent. | 9 | | "Unit of local government" means any county, city, | 10 | | village, or incorporated town. | 11 | | "Vegetative stage" means the stage of cultivation in which | 12 | | a cannabis plant is propagated to produce additional cannabis | 13 | | plants or reach a sufficient size for production. This | 14 | | includes seedlings, clones, mothers, and other immature | 15 | | cannabis plants as follows: | 16 | | (1) if the cannabis plant is in an area that has not | 17 | | been intentionally deprived of light for a period of time | 18 | | intended to produce flower buds and induce maturation, it | 19 | | has no more than 2 stigmas visible at each internode of the | 20 | | cannabis plant; or | 21 | | (2) any cannabis plant that is cultivated solely for | 22 | | the purpose of propagating clones and is never used to | 23 | | produce cannabis.
| 24 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; | 25 | | 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; revised | 26 | | 10-13-21.)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.".
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