Full Text of HB3306 102nd General Assembly
HB3306 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB3306 Introduced 2/19/2021, by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED: |
| 410 ILCS 705/1-10 | | 410 ILCS 705/30-5 | | 410 ILCS 705/30-30 | | 410 ILCS 705/40-25 | | 410 ILCS 705/55-20 | | 410 ILCS 705/60-10 | |
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Amends the Cannabis Regulation and Tax Act. Raises specified square footage requirements for craft growers. Removes language allowing the Department of Agriculture to authorize a decrease of flowering stage cultivation space used for cultivating specified plants. Raises the maximum number of craft grower licenses for specified craft growers to 3 (rather than one), 6 (rather than 2), and 10 (rather than 3). Removes language prohibiting craft growers from being located within 1,500 feet of each other. Prohibits cannabis product advertising from describing or referencing a cannabis product as "craft" unless the cannabis product is produced by a craft grower. Provides that the Cannabis Cultivation Privilege Tax shall not be assessed against or collected from specified craft growers until 2 years after the date the craft grower was awarded a license. Makes other changes.
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| | A BILL FOR |
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| 1 | | AN ACT concerning regulation.
| 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, 30-5, 30-30, 40-25, 55-20, and | 6 | | 60-10 as 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 14,000 5,000 | 10 | | square 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 14,000 3,000 square feet by rule based on | 14 | | market need, craft grower capacity, and the licensee's history | 15 | | of compliance or noncompliance, with a maximum space of 56,000 | 16 | | 14,000 square feet for cultivating plants in the flowering | 17 | | stage, which must be cultivated in all stages of growth in an | 18 | | enclosed and secure area. A craft grower may share premises | 19 | | with a processing organization or a dispensing organization, | 20 | | or both, provided each licensee stores currency and cannabis | 21 | | or cannabis-infused products in a separate secured vault to | 22 | | which the other licensee does not have access or all licensees | 23 | | sharing a vault share more than 50% of the same ownership. | 24 | | "Craft grower agent" means a principal officer, board | 25 | | member, employee, or other agent of a craft grower who is 21 | 26 | | years of age or older. |
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| 1 | | "Craft Grower Agent Identification Card" means a document | 2 | | issued by the Department of Agriculture that identifies a | 3 | | person as a craft grower agent. | 4 | | "Cultivation center" means a facility operated by an | 5 | | organization or business that is licensed by the Department of | 6 | | Agriculture to cultivate, process, transport (unless otherwise | 7 | | limited by this Act), and perform other necessary activities | 8 | | to provide cannabis and cannabis-infused products to cannabis | 9 | | business establishments. | 10 | | "Cultivation center agent" means a principal officer, | 11 | | board member, employee, or other agent of a cultivation center | 12 | | who is 21 years of age or older. | 13 | | "Cultivation Center Agent Identification Card" means a | 14 | | document issued by the Department of Agriculture that | 15 | | identifies a person as a cultivation center agent. | 16 | | "Currency" means currency and coin of the United States. | 17 | | "Dispensary" means a facility operated by a dispensing | 18 | | organization at which activities licensed by this Act may | 19 | | occur. | 20 | | "Dispensing organization" means a facility operated by an | 21 | | organization or business that is licensed by the Department of | 22 | | Financial and Professional Regulation to acquire cannabis from | 23 | | a cultivation center, craft grower, processing organization, | 24 | | or another dispensary for the purpose of selling or dispensing | 25 | | cannabis, cannabis-infused products, cannabis seeds, | 26 | | paraphernalia, or related supplies under this Act to |
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| 1 | | purchasers or to qualified registered medical cannabis | 2 | | patients and caregivers. As used in this Act, "dispensing | 3 | | organization" includes a registered medical cannabis | 4 | | organization as defined in the Compassionate Use of Medical | 5 | | Cannabis Program Act or its successor Act that has obtained an | 6 | | Early Approval Adult Use Dispensing Organization License. | 7 | | "Dispensing organization agent" means a principal officer, | 8 | | employee, or agent of a dispensing organization who is 21 | 9 | | years of age or older. | 10 | | "Dispensing organization agent identification card" means | 11 | | a document issued by the Department of Financial and | 12 | | Professional Regulation that identifies a person as a | 13 | | dispensing organization agent. | 14 | | "Disproportionately Impacted Area" means a census tract or | 15 | | comparable geographic area that satisfies the following | 16 | | criteria as determined by the Department of Commerce and | 17 | | Economic Opportunity, that: | 18 | | (1) meets at least one of the following criteria: | 19 | | (A) the area has a poverty rate of at least 20% | 20 | | according to the latest federal decennial census; or | 21 | | (B) 75% or more of the children in the area | 22 | | participate in the federal free lunch program | 23 | | according to reported statistics from the State Board | 24 | | of Education; or | 25 | | (C) at least 20% of the households in the area | 26 | | receive assistance under the Supplemental Nutrition |
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| 1 | | Assistance Program; or | 2 | | (D) the area has an average unemployment rate, as | 3 | | determined by the Illinois Department of Employment | 4 | | Security, that is more than 120% of the national | 5 | | unemployment average, as determined by the United | 6 | | States Department of Labor, for a period of at least 2 | 7 | | consecutive calendar years preceding the date of the | 8 | | application; and | 9 | | (2) has high rates of arrest, conviction, and | 10 | | incarceration related to the sale, possession, use, | 11 | | cultivation, manufacture, or transport of cannabis. | 12 | | "Early Approval Adult Use Cultivation Center License" | 13 | | means a license that permits a medical cannabis cultivation | 14 | | center licensed under the Compassionate Use of Medical | 15 | | Cannabis Program Act as of the effective date of this Act to | 16 | | begin cultivating, infusing, packaging, transporting (unless | 17 | | otherwise provided in this Act), processing and selling | 18 | | cannabis or cannabis-infused product to cannabis business | 19 | | establishments for resale to purchasers as permitted by this | 20 | | Act as of January 1, 2020. | 21 | | "Early Approval Adult Use Dispensing Organization License" | 22 | | means a license that permits a medical cannabis dispensing | 23 | | organization licensed under the Compassionate Use of Medical | 24 | | Cannabis Program Act as of the effective date of this Act to | 25 | | begin selling cannabis or cannabis-infused product to | 26 | | purchasers as permitted by this Act as of January 1, 2020. |
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| 1 | | "Early Approval Adult Use Dispensing Organization at a | 2 | | secondary site" means a license that permits a medical | 3 | | cannabis dispensing organization licensed under the | 4 | | Compassionate Use of Medical Cannabis Program Act as of the | 5 | | effective date of this Act to begin selling cannabis or | 6 | | cannabis-infused product to purchasers as permitted by this | 7 | | Act on January 1, 2020 at a different dispensary location from | 8 | | its existing registered medical dispensary location. | 9 | | "Enclosed, locked facility" means a room, greenhouse, | 10 | | building, or other enclosed area equipped with locks or other | 11 | | security devices that permit access only by cannabis business | 12 | | establishment agents working for the licensed cannabis | 13 | | business establishment or acting pursuant to this Act to | 14 | | cultivate, process, store, or distribute cannabis. | 15 | | "Enclosed, locked space" means a closet, room, greenhouse, | 16 | | building or other enclosed area equipped with locks or other | 17 | | security devices that permit access only by authorized | 18 | | individuals under this Act. "Enclosed, locked space" may | 19 | | include: | 20 | | (1) a space within a residential building that (i) is | 21 | | the primary residence of the individual cultivating 5 or | 22 | | fewer cannabis plants that are more than 5 inches tall and | 23 | | (ii) includes sleeping quarters and indoor plumbing. The | 24 | | space must only be accessible by a key or code that is | 25 | | different from any key or code that can be used to access | 26 | | the residential building from the exterior; or |
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| 1 | | (2) a structure, such as a shed or greenhouse, that | 2 | | lies on the same plot of land as a residential building | 3 | | that (i) includes sleeping quarters and indoor plumbing | 4 | | and (ii) is used as a primary residence by the person | 5 | | cultivating 5 or fewer cannabis plants that are more than | 6 | | 5 inches tall, such as a shed or greenhouse. The structure | 7 | | must remain locked when it is unoccupied by people. | 8 | | "Financial institution" has the same meaning as "financial | 9 | | organization" as defined in Section 1501 of the Illinois | 10 | | Income Tax Act, and also includes the holding companies, | 11 | | subsidiaries, and affiliates of such financial organizations. | 12 | | "Flowering stage" means the stage of cultivation where and | 13 | | when a cannabis plant is cultivated to produce plant material | 14 | | for cannabis products. This includes mature plants as follows: | 15 | | (1) if greater than 2 stigmas are visible at each | 16 | | internode of the plant; or | 17 | | (2) if the cannabis plant is in an area that has been | 18 | | intentionally deprived of light for a period of time | 19 | | intended to produce flower buds and induce maturation, | 20 | | from the moment the light deprivation began through the | 21 | | remainder of the marijuana plant growth cycle. | 22 | | "Individual" means a natural person. | 23 | | "Infuser organization" or "infuser" means a facility | 24 | | operated by an organization or business that is licensed by | 25 | | the Department of Agriculture to directly incorporate cannabis | 26 | | or cannabis concentrate into a product formulation to produce |
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| 1 | | a cannabis-infused product. | 2 | | "Kief" means the resinous crystal-like trichomes that are | 3 | | found on cannabis and that are accumulated, resulting in a | 4 | | higher concentration of cannabinoids, untreated by heat or | 5 | | pressure, or extracted using a solvent. | 6 | | "Labor peace agreement" means an agreement between a | 7 | | cannabis business establishment and any labor organization | 8 | | recognized under the National Labor Relations Act, referred to | 9 | | in this Act as a bona fide labor organization, that prohibits | 10 | | labor organizations and members from engaging in picketing, | 11 | | work stoppages, boycotts, and any other economic interference | 12 | | with the cannabis business establishment. This agreement means | 13 | | that the cannabis business establishment has agreed not to | 14 | | disrupt efforts by the bona fide labor organization to | 15 | | communicate with, and attempt to organize and represent, the | 16 | | cannabis business establishment's employees. The agreement | 17 | | shall provide a bona fide labor organization access at | 18 | | reasonable times to areas in which the cannabis business | 19 | | establishment's employees work, for the purpose of meeting | 20 | | with employees to discuss their right to representation, | 21 | | employment rights under State law, and terms and conditions of | 22 | | employment. This type of agreement shall not mandate a | 23 | | particular method of election or certification of the bona | 24 | | fide labor organization. | 25 | | "Limited access area" means a room or other area under the | 26 | | control of a cannabis dispensing organization licensed under |
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| 1 | | this Act and upon the licensed premises where cannabis sales | 2 | | occur with access limited to purchasers, dispensing | 3 | | organization owners and other dispensing organization agents, | 4 | | or service professionals conducting business with the | 5 | | dispensing organization, or, if sales to registered qualifying | 6 | | patients, caregivers, provisional patients, and Opioid | 7 | | Alternative Pilot Program participants licensed pursuant to | 8 | | the Compassionate Use of Medical Cannabis Program Act are also | 9 | | permitted at the dispensary, registered qualifying patients, | 10 | | caregivers, provisional patients, and Opioid Alternative Pilot | 11 | | Program participants. | 12 | | "Member of an impacted family" means an individual who has | 13 | | a parent, legal guardian, child, spouse, or dependent, or was | 14 | | a dependent of an individual who, prior to the effective date | 15 | | of this Act, was arrested for, convicted of, or adjudicated | 16 | | delinquent for any offense that is eligible for expungement | 17 | | under this Act. | 18 | | "Mother plant" means a cannabis plant that is cultivated | 19 | | or maintained for the purpose of generating clones, and that | 20 | | will not be used to produce plant material for sale to an | 21 | | infuser or dispensing organization. | 22 | | "Ordinary public view" means within the sight line with | 23 | | normal visual range of a person, unassisted by visual aids, | 24 | | from a public street or sidewalk adjacent to real property, or | 25 | | from within an adjacent property. | 26 | | "Ownership and control" means ownership of at least 51% of |
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| 1 | | the business, including corporate stock if a corporation, and | 2 | | control over the management and day-to-day operations of the | 3 | | business and an interest in the capital, assets, and profits | 4 | | and losses of the business proportionate to percentage of | 5 | | ownership. | 6 | | "Person" means a natural individual, firm, partnership, | 7 | | association, joint stock company, joint venture, public or | 8 | | private corporation, limited liability company, or a receiver, | 9 | | executor, trustee, guardian, or other representative appointed | 10 | | by order of any court. | 11 | | "Possession limit" means the amount of cannabis under | 12 | | Section 10-10 that may be possessed at any one time by a person | 13 | | 21 years of age or older or who is a registered qualifying | 14 | | medical cannabis patient or caregiver under the Compassionate | 15 | | Use of Medical Cannabis Program Act. | 16 | | "Principal officer" includes a cannabis business | 17 | | establishment applicant or licensed cannabis business | 18 | | establishment's board member, owner with more than 1% interest | 19 | | of the total cannabis business establishment or more than 5% | 20 | | interest of the total cannabis business establishment of a | 21 | | publicly traded company, president, vice president, secretary, | 22 | | treasurer, partner, officer, member, manager member, or person | 23 | | with a profit sharing, financial interest, or revenue sharing | 24 | | arrangement. The definition includes a person with authority | 25 | | to control the cannabis business establishment, a person who | 26 | | assumes responsibility for the debts of the cannabis business |
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| 1 | | establishment and who is further defined in this Act. | 2 | | "Primary residence" means a dwelling where a person | 3 | | usually stays or stays more often than other locations. It may | 4 | | be determined by, without limitation, presence, tax filings; | 5 | | address on an Illinois driver's license, an Illinois | 6 | | Identification Card, or an Illinois Person with a Disability | 7 | | Identification Card; or voter registration. No person may have | 8 | | more than one primary residence. | 9 | | "Processing organization" or "processor" means a facility | 10 | | operated by an organization or business that is licensed by | 11 | | the Department of Agriculture to either extract constituent | 12 | | chemicals or compounds to produce cannabis concentrate or | 13 | | incorporate cannabis or cannabis concentrate into a product | 14 | | formulation to produce a cannabis product. | 15 | | "Processing organization agent" means a principal officer, | 16 | | board member, employee, or agent of a processing organization. | 17 | | "Processing organization agent identification card" means | 18 | | a document issued by the Department of Agriculture that | 19 | | identifies a person as a processing organization agent. | 20 | | "Purchaser" means a person 21 years of age or older who | 21 | | acquires cannabis for a valuable consideration. "Purchaser" | 22 | | does not include a cardholder under the Compassionate Use of | 23 | | Medical Cannabis Program Act. | 24 | | "Qualified Social Equity Applicant" means a Social Equity | 25 | | Applicant who has been awarded a conditional license under | 26 | | this Act to operate a cannabis business establishment. |
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| 1 | | "Resided" means an individual's primary residence was | 2 | | located within the relevant geographic area as established by | 3 | | 2 of the following: | 4 | | (1) a signed lease agreement that includes the | 5 | | applicant's name; | 6 | | (2) a property deed that includes the applicant's | 7 | | name; | 8 | | (3) school records; | 9 | | (4) a voter registration card; | 10 | | (5) an Illinois driver's license, an Illinois | 11 | | Identification Card, or an Illinois Person with a | 12 | | Disability Identification Card; | 13 | | (6) a paycheck stub; | 14 | | (7) a utility bill; | 15 | | (8) tax records; or | 16 | | (9) any other proof of residency or other information | 17 | | necessary to establish residence as provided by rule. | 18 | | "Smoking" means the inhalation of smoke caused by the | 19 | | combustion of cannabis. | 20 | | "Social Equity Applicant" means an applicant that is an | 21 | | Illinois resident that meets one of the following criteria: | 22 | | (1) an applicant with at least 51% ownership and | 23 | | control by one or more individuals who have resided for at | 24 | | least 5 of the preceding 10 years in a Disproportionately | 25 | | Impacted Area; | 26 | | (2) an applicant with at least 51% ownership and |
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| 1 | | control by one or more individuals who:
| 2 | | (i) have been arrested for, convicted of, or | 3 | | adjudicated delinquent for any offense that is | 4 | | eligible for expungement under this Act; or
| 5 | | (ii) is a member of an impacted family; | 6 | | (3) for applicants with a minimum of 10 full-time | 7 | | employees, an applicant with at least 51% of current | 8 | | employees who: | 9 | | (i) currently reside in a Disproportionately | 10 | | Impacted Area; or | 11 | | (ii) have been arrested for, convicted of, or | 12 | | adjudicated delinquent for any offense that is | 13 | | eligible for expungement under this Act or member of | 14 | | an impacted family. | 15 | | Nothing in this Act shall be construed to preempt or limit | 16 | | the duties of any employer under the Job Opportunities for | 17 | | Qualified Applicants Act. Nothing in this Act shall permit an | 18 | | employer to require an employee to disclose sealed or expunged | 19 | | offenses, unless otherwise required by law. | 20 | | "Tincture" means a cannabis-infused solution, typically | 21 | | comprised of alcohol, glycerin, or vegetable oils, derived | 22 | | either directly from the cannabis plant or from a processed | 23 | | cannabis extract. A tincture is not an alcoholic liquor as | 24 | | defined in the Liquor Control Act of 1934. A tincture shall | 25 | | include a calibrated dropper or other similar device capable | 26 | | of accurately measuring servings. |
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| 1 | | "Transporting organization" or "transporter" means an | 2 | | organization or business that is licensed by the Department of | 3 | | Agriculture to transport cannabis or cannabis-infused product | 4 | | on behalf of a cannabis business establishment or a community | 5 | | college licensed under the Community
College Cannabis | 6 | | Vocational Training Pilot Program.
| 7 | | "Transporting organization agent" means a principal | 8 | | officer, board member, employee, or agent of a transporting | 9 | | organization. | 10 | | "Transporting organization agent identification card" | 11 | | means a document issued by the Department of Agriculture that | 12 | | identifies a person as a transporting organization agent. | 13 | | "Unit of local government" means any county, city, | 14 | | village, or incorporated town. | 15 | | "Vegetative stage" means the stage of cultivation in which | 16 | | a cannabis plant is propagated to produce additional cannabis | 17 | | plants or reach a sufficient size for production. This | 18 | | includes seedlings, clones, mothers, and other immature | 19 | | cannabis plants as follows: | 20 | | (1) if the cannabis plant is in an area that has not | 21 | | been intentionally deprived of light for a period of time | 22 | | intended to produce flower buds and induce maturation, it | 23 | | has no more than 2 stigmas visible at each internode of the | 24 | | cannabis plant; or | 25 | | (2) any cannabis plant that is cultivated solely for | 26 | | the purpose of propagating clones and is never used to |
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| 1 | | produce cannabis.
| 2 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) | 3 | | (410 ILCS 705/30-5)
| 4 | | Sec. 30-5. Issuance of licenses. | 5 | | (a) The Department of Agriculture shall issue up to 40 | 6 | | craft grower licenses by July 1, 2020. Any person or entity | 7 | | awarded a license pursuant to this subsection shall only hold | 8 | | up to 3 one craft grower licenses license and may not sell that | 9 | | license until after December 21, 2021 . | 10 | | (b) By December 21, 2021, the Department of Agriculture | 11 | | shall issue up to 60 additional craft grower licenses. Any | 12 | | person or entity awarded a license pursuant to this subsection | 13 | | shall not hold more than 6 2 craft grower licenses. The person | 14 | | or entity awarded a license pursuant to this subsection or | 15 | | subsection (a) of this Section may sell its craft grower | 16 | | license subject to the restrictions of this Act or as | 17 | | determined by administrative rule. Prior to issuing such | 18 | | licenses, the Department may adopt rules through emergency | 19 | | rulemaking in accordance with subsection (gg) of Section 5-45 | 20 | | of the Illinois Administrative Procedure Act, to modify or | 21 | | raise the number of craft grower licenses and modify or change | 22 | | the licensing application process to reduce or eliminate | 23 | | barriers. The General Assembly finds that the adoption of | 24 | | rules to regulate cannabis use is deemed an emergency and | 25 | | necessary for the public interest, safety, and welfare. In |
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| 1 | | determining whether to exercise the authority granted by this | 2 | | subsection, the Department of Agriculture must consider the | 3 | | following factors: | 4 | | (1) the percentage of cannabis sales occurring in | 5 | | Illinois not in the regulated market using data from the | 6 | | Substance Abuse and Mental Health Services Administration, | 7 | | National Survey on Drug Use and Health, Illinois | 8 | | Behavioral Risk Factor Surveillance System, and tourism | 9 | | data from the Illinois Office of Tourism to ascertain | 10 | | total cannabis consumption in Illinois compared to the | 11 | | amount of sales in licensed dispensing organizations; | 12 | | (2) whether there is an adequate supply of cannabis | 13 | | and cannabis-infused products to serve registered medical | 14 | | cannabis patients; | 15 | | (3) whether there is an adequate supply of cannabis | 16 | | and cannabis-infused products to serve purchasers; | 17 | | (4) whether there is an oversupply of cannabis in | 18 | | Illinois leading to trafficking of cannabis to states | 19 | | where the sale of cannabis is not permitted by law; | 20 | | (5) population increases or shifts; | 21 | | (6) the density of craft growers in any area of the | 22 | | State; | 23 | | (7) perceived security risks of increasing the number | 24 | | or location of craft growers; | 25 | | (8) the past safety record of craft growers; | 26 | | (9) the Department of Agriculture's capacity to |
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| 1 | | appropriately regulate additional licensees; | 2 | | (10) the findings and recommendations from the | 3 | | disparity and availability study commissioned by the | 4 | | Illinois Cannabis Regulation Oversight Officer to reduce | 5 | | or eliminate any identified barriers to entry in the | 6 | | cannabis industry; and | 7 | | (11) any other criteria the Department of Agriculture | 8 | | deems relevant. | 9 | | (c) After January 1, 2022, the Department of Agriculture | 10 | | may by rule modify or raise the number of craft grower licenses | 11 | | and modify or change the licensing application process to | 12 | | reduce or eliminate barriers based on the criteria in | 13 | | subsection (b). At no time may the number of craft grower | 14 | | licenses exceed 150. Any person or entity awarded a license | 15 | | pursuant to this subsection shall not hold more than 10 3 craft | 16 | | grower licenses. A person or entity awarded a license pursuant | 17 | | to this subsection or subsection (a) or subsection (b) of this | 18 | | Section may sell its craft grower license or licenses subject | 19 | | to the restrictions of this Act or as determined by | 20 | | administrative rule.
| 21 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) | 22 | | (410 ILCS 705/30-30)
| 23 | | Sec. 30-30. Craft grower requirements; prohibitions. | 24 | | (a) The operating documents of a craft grower shall | 25 | | include procedures for the oversight of the craft grower, a |
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| 1 | | cannabis plant monitoring system including a physical | 2 | | inventory recorded weekly, accurate recordkeeping, and a | 3 | | staffing plan. | 4 | | (b) A craft grower shall implement a security plan | 5 | | reviewed by the Department of State Police that includes, but | 6 | | is not limited to: facility access controls, perimeter | 7 | | intrusion detection systems, personnel identification systems, | 8 | | and a 24-hour surveillance system to monitor the interior and | 9 | | exterior of the craft grower facility and that is accessible | 10 | | to authorized law enforcement and the Department of | 11 | | Agriculture in real time. | 12 | | (c) All cultivation of cannabis by a craft grower must | 13 | | take place in an enclosed, locked facility at the physical | 14 | | address provided to the Department of Agriculture during the | 15 | | licensing process. The craft grower location shall only be | 16 | | accessed by the agents working for the craft grower, the | 17 | | Department of Agriculture staff performing inspections, the | 18 | | Department of Public Health staff performing inspections, | 19 | | State and local law enforcement or other emergency personnel, | 20 | | contractors working on jobs unrelated to cannabis, such as | 21 | | installing or maintaining security devices or performing | 22 | | electrical wiring, transporting organization agents as | 23 | | provided in this Act, or participants in the incubator | 24 | | program, individuals in a mentoring or educational program | 25 | | approved by the State, or other individuals as provided by | 26 | | rule. However, if a craft grower shares a premises with an |
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| 1 | | infuser or dispensing organization, agents from those other | 2 | | licensees may access the craft grower portion of the premises | 3 | | if that is the location of common bathrooms, lunchrooms, | 4 | | locker rooms, or other areas of the building where work or | 5 | | cultivation of cannabis is not performed. At no time may an | 6 | | infuser or dispensing organization agent perform work at a | 7 | | craft grower without being a registered agent of the craft | 8 | | grower. | 9 | | (d) A craft grower may not sell or distribute any cannabis | 10 | | to any person other than a cultivation center, a craft grower, | 11 | | an infuser organization, a dispensing organization, or as | 12 | | otherwise authorized by rule. | 13 | | (e) A craft grower may not be located in an area zoned for | 14 | | residential use. | 15 | | (f) A craft grower may not either directly or indirectly | 16 | | discriminate in price between different cannabis business | 17 | | establishments that are purchasing a like grade, strain, | 18 | | brand, and quality of cannabis or cannabis-infused product. | 19 | | Nothing in this subsection (f) prevents a craft grower from | 20 | | pricing cannabis differently based on differences in the cost | 21 | | of manufacturing or processing, the quantities sold, such as | 22 | | volume discounts, or the way the products are delivered. | 23 | | (g) All cannabis harvested by a craft grower and intended | 24 | | for distribution to a dispensing organization must be entered | 25 | | into a data collection system, packaged and labeled under | 26 | | Section 55-21, and, if distribution is to a dispensing |
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| 1 | | organization that does not share a premises with the | 2 | | dispensing organization receiving the cannabis, placed into a | 3 | | cannabis container for transport. All cannabis harvested by a | 4 | | craft grower and intended for distribution to a cultivation | 5 | | center, to an infuser organization, or to a craft grower with | 6 | | which it does not share a premises, must be packaged in a | 7 | | labeled cannabis container and entered into a data collection | 8 | | system before transport. | 9 | | (h) Craft growers are subject to random inspections by the | 10 | | Department of Agriculture, local safety or health inspectors, | 11 | | and the Department of State Police. | 12 | | (i) A craft grower agent shall notify local law | 13 | | enforcement, the Department of State Police, and the | 14 | | Department of Agriculture within 24 hours of the discovery of | 15 | | any loss or theft. Notification shall be made by phone, in | 16 | | person, or written or electronic communication. | 17 | | (j) A craft grower shall comply with all State and any | 18 | | applicable federal rules and regulations regarding the use of | 19 | | pesticides. | 20 | | (k) A craft grower or craft grower agent shall not | 21 | | transport cannabis or cannabis-infused products to any other | 22 | | cannabis business establishment without a transport | 23 | | organization license unless: | 24 | | (i) If the craft grower is located in a county with a | 25 | | population of 3,000,000 or more, the cannabis business | 26 | | establishment receiving the cannabis is within 2,000 feet |
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| 1 | | of the property line of the craft grower; | 2 | | (ii) If the craft grower is located in a county with a | 3 | | population of more than 700,000 but fewer than 3,000,000, | 4 | | the cannabis business establishment receiving the cannabis | 5 | | is within 2 miles of the craft grower; or | 6 | | (iii) If the craft grower is located in a county with a | 7 | | population of fewer than 700,000, the cannabis business | 8 | | establishment receiving the cannabis is within 15 miles of | 9 | | the craft grower. | 10 | | (l) A craft grower may enter into a contract with a | 11 | | transporting organization to transport cannabis to a | 12 | | cultivation center, a craft grower, an infuser organization, a | 13 | | dispensing organization, or a laboratory. | 14 | | (m) No person or entity shall hold any legal, equitable, | 15 | | ownership, or beneficial interest, directly or indirectly, of | 16 | | more than 10 3 craft grower licenses. Further, no person or | 17 | | entity that is employed by, an agent of, or has a contract to | 18 | | receive payment from or participate in the management of a | 19 | | craft grower, is a principal officer of a craft grower, or | 20 | | entity controlled by or affiliated with a principal officer of | 21 | | a craft grower shall hold any legal, equitable, ownership, or | 22 | | beneficial interest, directly or indirectly, in a craft grower | 23 | | license that would result in the person or entity owning or | 24 | | controlling in combination with any craft grower, principal | 25 | | officer of a craft grower, or entity controlled or affiliated | 26 | | with a principal officer of a craft grower by which he, she, or |
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| 1 | | it is employed, is an agent of, or participates in the | 2 | | management of more than 10 3 craft grower licenses. | 3 | | (n) It is unlawful for any person having a craft grower | 4 | | license or any officer, associate, member, representative, or | 5 | | agent of the licensee to offer or deliver money, or anything | 6 | | else of value, directly or indirectly, to any person having an | 7 | | Early Approval Adult Use Dispensing Organization License, a | 8 | | Conditional Adult Use Dispensing Organization License, an | 9 | | Adult Use Dispensing Organization License, or a medical | 10 | | cannabis dispensing organization license issued under the | 11 | | Compassionate Use of Medical Cannabis Program Act, or to any | 12 | | person connected with or in any way representing, or to any | 13 | | member of the family of, the person holding an Early Approval | 14 | | Adult Use Dispensing Organization License, a Conditional Adult | 15 | | Use Dispensing Organization License, an Adult Use Dispensing | 16 | | Organization License, or a medical cannabis dispensing | 17 | | organization license issued under the Compassionate Use of | 18 | | Medical Cannabis Program Act, or to any stockholders in any | 19 | | corporation engaged in the retail sale of cannabis, or to any | 20 | | officer, manager, agent, or representative of the Early | 21 | | Approval Adult Use Dispensing Organization License, a | 22 | | Conditional Adult Use Dispensing Organization License, an | 23 | | Adult Use Dispensing Organization License, or a medical | 24 | | cannabis dispensing organization license issued under the | 25 | | Compassionate Use of Medical Cannabis Program Act to obtain | 26 | | preferential placement within the dispensing organization, |
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| 1 | | including, without limitation, on shelves and in display cases | 2 | | where purchasers can view products, or on the dispensing | 3 | | organization's website. | 4 | | (o) A craft grower shall not be located within 1,500 feet | 5 | | of another craft grower or a cultivation center. | 6 | | (p) A craft grower may process cannabis, cannabis | 7 | | concentrates, and cannabis-infused products. | 8 | | (q) A craft grower must comply with any other requirements | 9 | | or prohibitions set by administrative rule of the Department | 10 | | of Agriculture.
| 11 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) | 12 | | (410 ILCS 705/40-25)
| 13 | | Sec. 40-25. Transporting organization requirements; | 14 | | prohibitions. | 15 | | (a) The operating documents of a transporting organization | 16 | | shall include procedures for the oversight of the transporter, | 17 | | an inventory monitoring system including a physical inventory | 18 | | recorded weekly, accurate recordkeeping, and a staffing plan. | 19 | | (b) A transporting organization may not transport cannabis | 20 | | or cannabis-infused products to any person other than a | 21 | | cultivation center, a craft grower, an infuser organization, a | 22 | | dispensing organization, a testing facility, a transporting | 23 | | organization depot or other transporting organization transfer | 24 | | facility, or as otherwise authorized by rule. | 25 | | (c) All cannabis transported by a transporting |
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| 1 | | organization must be entered into a data collection system and | 2 | | placed into a cannabis container for transport. | 3 | | (d) Transporters are subject to random inspections by the | 4 | | Department of Agriculture, the Department of Public Health, | 5 | | and the Department of State Police. | 6 | | (e) A transporting organization agent shall notify local | 7 | | law enforcement, the Department of State Police, and the | 8 | | Department of Agriculture within 24 hours of the discovery of | 9 | | any loss or theft. Notification shall be made by phone, in | 10 | | person, or by written or electronic communication. | 11 | | (f) No person under the age of 21 years shall be in a | 12 | | commercial vehicle or trailer transporting cannabis goods. | 13 | | (g) No person or individual who is not a transporting | 14 | | organization agent shall be in a vehicle while transporting | 15 | | cannabis goods. | 16 | | (h) Transporters may not use commercial motor vehicles | 17 | | with a weight rating of over 10,001 pounds. | 18 | | (i) It is unlawful for any person to offer or deliver | 19 | | money, or anything else of value, directly or indirectly, to | 20 | | any of the following persons to obtain preferential placement | 21 | | within the dispensing organization, including, without | 22 | | limitation, on shelves and in display cases where purchasers | 23 | | can view products, or on the dispensing organization's | 24 | | website: | 25 | | (1) a person having a transporting organization | 26 | | license, or any officer, associate, member, |
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| 1 | | representative, or agent of the licensee; | 2 | | (2) a person having an Early Applicant Adult Use | 3 | | Dispensing Organization License, an Adult Use Dispensing | 4 | | Organization License, or a medical cannabis dispensing | 5 | | organization license issued under the Compassionate Use of | 6 | | Medical Cannabis Program Act; | 7 | | (3) a person connected with or in any way | 8 | | representing, or a member of the family of, a person | 9 | | holding an Early Applicant Adult Use Dispensing | 10 | | Organization License, an Adult Use Dispensing Organization | 11 | | License, or a medical cannabis dispensing organization | 12 | | license issued under the Compassionate Use of Medical | 13 | | Cannabis Program Act; or | 14 | | (4) a stockholder, officer, manager, agent, or | 15 | | representative of a corporation engaged in the retail sale | 16 | | of cannabis, an Early Applicant Adult Use Dispensing | 17 | | Organization License, an Adult Use Dispensing Organization | 18 | | License, or a medical cannabis dispensing organization | 19 | | license issued under the Compassionate Use of Medical | 20 | | Cannabis Program Act. | 21 | | (j) A transporting organization agent must keep his or her | 22 | | identification card visible at all times when on the property | 23 | | of a cannabis business establishment and during the | 24 | | transporting of cannabis when acting under his or her duties | 25 | | as a transportation organization agent. During these times, | 26 | | the transporting organization agent must also provide the |
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| 1 | | identification card upon request of any law enforcement | 2 | | officer engaged in his or her official duties. | 3 | | (k) A copy of the transporting organization's registration | 4 | | and a manifest for the delivery shall be present in any vehicle | 5 | | transporting cannabis. | 6 | | (l) Cannabis shall be transported so it is not visible or | 7 | | recognizable from outside the vehicle. | 8 | | (m) A vehicle transporting cannabis must not bear any | 9 | | markings to indicate the vehicle contains
cannabis or bear the | 10 | | name or logo of the cannabis business establishment. | 11 | | (n) Cannabis must be transported in an enclosed, locked | 12 | | storage compartment that is secured or affixed to the vehicle. | 13 | | (o) The Department of Agriculture may, by rule, impose any | 14 | | other requirements or prohibitions on the transportation of | 15 | | cannabis.
| 16 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) | 17 | | (410 ILCS 705/55-20)
| 18 | | Sec. 55-20. Advertising and promotions. | 19 | | (a) No cannabis business establishment nor any other | 20 | | person or entity shall engage in advertising that contains any | 21 | | statement or illustration that: | 22 | | (1) is false or misleading; | 23 | | (2) promotes overconsumption of cannabis or cannabis | 24 | | products; | 25 | | (3) depicts the actual consumption of cannabis or |
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| 1 | | cannabis products; | 2 | | (4) depicts a person under 21 years of age consuming | 3 | | cannabis; | 4 | | (5) makes any health, medicinal, or therapeutic claims | 5 | | about cannabis or cannabis-infused products; | 6 | | (6) includes the image of a cannabis leaf or bud; or | 7 | | (7) includes any image designed or likely to appeal to | 8 | | minors, including cartoons, toys, animals, or children, or | 9 | | any other likeness to images, characters, or phrases that | 10 | | is designed in any manner to be appealing to or encourage | 11 | | consumption by persons under 21 years of age ; or . | 12 | | (8) includes a description of, or reference to, a | 13 | | cannabis product as "craft" unless the cannabis product or | 14 | | the raw material used to create the cannabis product is | 15 | | produced by a craft grower licensed under this Act. | 16 | | (b) No cannabis business establishment nor any other | 17 | | person or entity shall place or maintain, or cause to be placed | 18 | | or maintained, an advertisement of cannabis or a | 19 | | cannabis-infused product in any form or through any medium: | 20 | | (1) within 1,000 feet of the perimeter of school | 21 | | grounds, a playground, a recreation center or facility, a | 22 | | child care center, a public park or public library, or a | 23 | | game arcade to which admission is not restricted to | 24 | | persons 21 years of age or older; | 25 | | (2) on or in a public transit vehicle or public | 26 | | transit shelter; |
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| 1 | | (3) on or in publicly owned or publicly operated | 2 | | property; or | 3 | | (4) that contains information that: | 4 | | (A) is false or misleading; | 5 | | (B) promotes excessive consumption; | 6 | | (C) depicts a person under 21 years of age | 7 | | consuming cannabis; | 8 | | (D) includes the image of a cannabis leaf; or | 9 | | (E) includes any image designed or likely to | 10 | | appeal to minors, including cartoons, toys, animals, | 11 | | or children, or any other likeness to images, | 12 | | characters, or phrases that are popularly used to | 13 | | advertise to children, or any imitation of candy | 14 | | packaging or labeling, or that promotes consumption of | 15 | | cannabis. | 16 | | (c) Subsections (a) and (b) do not apply to an educational | 17 | | message. | 18 | | (d) Sales promotions. No cannabis business establishment | 19 | | nor any other person or entity may encourage the sale of | 20 | | cannabis or cannabis products by giving away cannabis or | 21 | | cannabis products, by conducting games or competitions related | 22 | | to the consumption of cannabis or cannabis products, or by | 23 | | providing promotional materials or activities of a manner or | 24 | | type that would be appealing to children.
| 25 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) |
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| 1 | | (410 ILCS 705/60-10)
| 2 | | Sec. 60-10. Tax imposed. | 3 | | (a) Beginning September 1, 2019, a tax is imposed upon the | 4 | | privilege of cultivating cannabis at the rate of 7% of the | 5 | | gross receipts from the first sale of cannabis by a | 6 | | cultivator. The sale of any product that contains any amount | 7 | | of cannabis or any derivative thereof is subject to the tax | 8 | | under this Section on the full selling price of the product. | 9 | | The Department may determine the selling price of the cannabis | 10 | | when the seller and purchaser are affiliated persons, when the | 11 | | sale and purchase of cannabis is not an arm's length | 12 | | transaction, or when cannabis is transferred by a craft grower | 13 | | to the craft grower's dispensing organization or infuser or | 14 | | processing organization and a value is not established for the | 15 | | cannabis. The value determined by the Department shall be | 16 | | commensurate with the actual price received for products of | 17 | | like quality, character, and use in the area. If there are no | 18 | | sales of cannabis of like quality, character, and use in the | 19 | | same area, then the Department shall establish a reasonable | 20 | | value based on sales of products of like quality, character, | 21 | | and use in other areas of the State, taking into consideration | 22 | | any other relevant factors. | 23 | | (b) The Cannabis Cultivation Privilege Tax imposed under | 24 | | this Article is solely the responsibility of the cultivator | 25 | | who makes the first sale and is not the responsibility of a | 26 | | subsequent purchaser, a dispensing organization, or an |
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| 1 | | infuser. Persons subject to the tax imposed under this Article | 2 | | may, however, reimburse themselves for their tax liability | 3 | | hereunder by separately stating reimbursement for their tax | 4 | | liability as an additional charge. | 5 | | (c) The tax imposed under this Article shall be in | 6 | | addition to all other occupation, privilege, or excise taxes | 7 | | imposed by the State of Illinois or by any unit of local | 8 | | government. | 9 | | (d) The Cannabis Cultivation Privilege Tax imposed under | 10 | | this Article shall not be assessed against or collected from | 11 | | any craft grower awarded a license during the first group of | 12 | | licenses issued by the Department of Agriculture under Section | 13 | | 30-5 until 2 years after the date the craft grower was awarded | 14 | | the license.
| 15 | | (Source: P.A. 101-27, eff. 6-25-19.)
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