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Public Act 102-0098 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 1. The Illinois Administrative Procedure Act is | ||||
amended by changing Section 5-45 as follows: | ||||
(5 ILCS 100/5-45) (from Ch. 127, par. 1005-45) | ||||
Sec. 5-45. Emergency rulemaking. | ||||
(a) "Emergency" means the existence of any situation that | ||||
any agency
finds reasonably constitutes a threat to the public | ||||
interest, safety, or
welfare. | ||||
(b) If any agency finds that an
emergency exists that | ||||
requires adoption of a rule upon fewer days than
is required by | ||||
Section 5-40 and states in writing its reasons for that
| ||||
finding, the agency may adopt an emergency rule without prior | ||||
notice or
hearing upon filing a notice of emergency rulemaking | ||||
with the Secretary of
State under Section 5-70. The notice | ||||
shall include the text of the
emergency rule and shall be | ||||
published in the Illinois Register. Consent
orders or other | ||||
court orders adopting settlements negotiated by an agency
may | ||||
be adopted under this Section. Subject to applicable | ||||
constitutional or
statutory provisions, an emergency rule | ||||
becomes effective immediately upon
filing under Section 5-65 | ||||
or at a stated date less than 10 days
thereafter. The agency's |
finding and a statement of the specific reasons
for the | ||
finding shall be filed with the rule. The agency shall take
| ||
reasonable and appropriate measures to make emergency rules | ||
known to the
persons who may be affected by them. | ||
(c) An emergency rule may be effective for a period of not | ||
longer than
150 days, but the agency's authority to adopt an | ||
identical rule under Section
5-40 is not precluded. No | ||
emergency rule may be adopted more
than once in any 24-month | ||
period, except that this limitation on the number
of emergency | ||
rules that may be adopted in a 24-month period does not apply
| ||
to (i) emergency rules that make additions to and deletions | ||
from the Drug
Manual under Section 5-5.16 of the Illinois | ||
Public Aid Code or the
generic drug formulary under Section | ||
3.14 of the Illinois Food, Drug
and Cosmetic Act, (ii) | ||
emergency rules adopted by the Pollution Control
Board before | ||
July 1, 1997 to implement portions of the Livestock Management
| ||
Facilities Act, (iii) emergency rules adopted by the Illinois | ||
Department of Public Health under subsections (a) through (i) | ||
of Section 2 of the Department of Public Health Act when | ||
necessary to protect the public's health, (iv) emergency rules | ||
adopted pursuant to subsection (n) of this Section, (v) | ||
emergency rules adopted pursuant to subsection (o) of this | ||
Section, or (vi) emergency rules adopted pursuant to | ||
subsection (c-5) of this Section. Two or more emergency rules | ||
having substantially the same
purpose and effect shall be | ||
deemed to be a single rule for purposes of this
Section. |
(c-5) To facilitate the maintenance of the program of | ||
group health benefits provided to annuitants, survivors, and | ||
retired employees under the State Employees Group Insurance | ||
Act of 1971, rules to alter the contributions to be paid by the | ||
State, annuitants, survivors, retired employees, or any | ||
combination of those entities, for that program of group | ||
health benefits, shall be adopted as emergency rules. The | ||
adoption of those rules shall be considered an emergency and | ||
necessary for the public interest, safety, and welfare. | ||
(d) In order to provide for the expeditious and timely | ||
implementation
of the State's fiscal year 1999 budget, | ||
emergency rules to implement any
provision of Public Act | ||
90-587 or 90-588
or any other budget initiative for fiscal | ||
year 1999 may be adopted in
accordance with this Section by the | ||
agency charged with administering that
provision or | ||
initiative, except that the 24-month limitation on the | ||
adoption
of emergency rules and the provisions of Sections | ||
5-115 and 5-125 do not apply
to rules adopted under this | ||
subsection (d). The adoption of emergency rules
authorized by | ||
this subsection (d) shall be deemed to be necessary for the
| ||
public interest, safety, and welfare. | ||
(e) In order to provide for the expeditious and timely | ||
implementation
of the State's fiscal year 2000 budget, | ||
emergency rules to implement any
provision of Public Act 91-24
| ||
or any other budget initiative for fiscal year 2000 may be | ||
adopted in
accordance with this Section by the agency charged |
with administering that
provision or initiative, except that | ||
the 24-month limitation on the adoption
of emergency rules and | ||
the provisions of Sections 5-115 and 5-125 do not apply
to | ||
rules adopted under this subsection (e). The adoption of | ||
emergency rules
authorized by this subsection (e) shall be | ||
deemed to be necessary for the
public interest, safety, and | ||
welfare. | ||
(f) In order to provide for the expeditious and timely | ||
implementation
of the State's fiscal year 2001 budget, | ||
emergency rules to implement any
provision of Public Act | ||
91-712
or any other budget initiative for fiscal year 2001 may | ||
be adopted in
accordance with this Section by the agency | ||
charged with administering that
provision or initiative, | ||
except that the 24-month limitation on the adoption
of | ||
emergency rules and the provisions of Sections 5-115 and 5-125 | ||
do not apply
to rules adopted under this subsection (f). The | ||
adoption of emergency rules
authorized by this subsection (f) | ||
shall be deemed to be necessary for the
public interest, | ||
safety, and welfare. | ||
(g) In order to provide for the expeditious and timely | ||
implementation
of the State's fiscal year 2002 budget, | ||
emergency rules to implement any
provision of Public Act 92-10
| ||
or any other budget initiative for fiscal year 2002 may be | ||
adopted in
accordance with this Section by the agency charged | ||
with administering that
provision or initiative, except that | ||
the 24-month limitation on the adoption
of emergency rules and |
the provisions of Sections 5-115 and 5-125 do not apply
to | ||
rules adopted under this subsection (g). The adoption of | ||
emergency rules
authorized by this subsection (g) shall be | ||
deemed to be necessary for the
public interest, safety, and | ||
welfare. | ||
(h) In order to provide for the expeditious and timely | ||
implementation
of the State's fiscal year 2003 budget, | ||
emergency rules to implement any
provision of Public Act | ||
92-597
or any other budget initiative for fiscal year 2003 may | ||
be adopted in
accordance with this Section by the agency | ||
charged with administering that
provision or initiative, | ||
except that the 24-month limitation on the adoption
of | ||
emergency rules and the provisions of Sections 5-115 and 5-125 | ||
do not apply
to rules adopted under this subsection (h). The | ||
adoption of emergency rules
authorized by this subsection (h) | ||
shall be deemed to be necessary for the
public interest, | ||
safety, and welfare. | ||
(i) In order to provide for the expeditious and timely | ||
implementation
of the State's fiscal year 2004 budget, | ||
emergency rules to implement any
provision of Public Act 93-20
| ||
or any other budget initiative for fiscal year 2004 may be | ||
adopted in
accordance with this Section by the agency charged | ||
with administering that
provision or initiative, except that | ||
the 24-month limitation on the adoption
of emergency rules and | ||
the provisions of Sections 5-115 and 5-125 do not apply
to | ||
rules adopted under this subsection (i). The adoption of |
emergency rules
authorized by this subsection (i) shall be | ||
deemed to be necessary for the
public interest, safety, and | ||
welfare. | ||
(j) In order to provide for the expeditious and timely | ||
implementation of the provisions of the State's fiscal year | ||
2005 budget as provided under the Fiscal Year 2005 Budget | ||
Implementation (Human Services) Act, emergency rules to | ||
implement any provision of the Fiscal Year 2005 Budget | ||
Implementation (Human Services) Act may be adopted in | ||
accordance with this Section by the agency charged with | ||
administering that provision, except that the 24-month | ||
limitation on the adoption of emergency rules and the | ||
provisions of Sections 5-115 and 5-125 do not apply to rules | ||
adopted under this subsection (j). The Department of Public | ||
Aid may also adopt rules under this subsection (j) necessary | ||
to administer the Illinois Public Aid Code and the Children's | ||
Health Insurance Program Act. The adoption of emergency rules | ||
authorized by this subsection (j) shall be deemed to be | ||
necessary for the public interest, safety, and welfare.
| ||
(k) In order to provide for the expeditious and timely | ||
implementation of the provisions of the State's fiscal year | ||
2006 budget, emergency rules to implement any provision of | ||
Public Act 94-48 or any other budget initiative for fiscal | ||
year 2006 may be adopted in accordance with this Section by the | ||
agency charged with administering that provision or | ||
initiative, except that the 24-month limitation on the |
adoption of emergency rules and the provisions of Sections | ||
5-115 and 5-125 do not apply to rules adopted under this | ||
subsection (k). The Department of Healthcare and Family | ||
Services may also adopt rules under this subsection (k) | ||
necessary to administer the Illinois Public Aid Code, the | ||
Senior Citizens and Persons with Disabilities Property Tax | ||
Relief Act, the Senior Citizens and Disabled Persons | ||
Prescription Drug Discount Program Act (now the Illinois | ||
Prescription Drug Discount Program Act), and the Children's | ||
Health Insurance Program Act. The adoption of emergency rules | ||
authorized by this subsection (k) shall be deemed to be | ||
necessary for the public interest, safety, and welfare.
| ||
(l) In order to provide for the expeditious and timely | ||
implementation of the provisions of the
State's fiscal year | ||
2007 budget, the Department of Healthcare and Family Services | ||
may adopt emergency rules during fiscal year 2007, including | ||
rules effective July 1, 2007, in
accordance with this | ||
subsection to the extent necessary to administer the | ||
Department's responsibilities with respect to amendments to | ||
the State plans and Illinois waivers approved by the federal | ||
Centers for Medicare and Medicaid Services necessitated by the | ||
requirements of Title XIX and Title XXI of the federal Social | ||
Security Act. The adoption of emergency rules
authorized by | ||
this subsection (l) shall be deemed to be necessary for the | ||
public interest,
safety, and welfare.
| ||
(m) In order to provide for the expeditious and timely |
implementation of the provisions of the
State's fiscal year | ||
2008 budget, the Department of Healthcare and Family Services | ||
may adopt emergency rules during fiscal year 2008, including | ||
rules effective July 1, 2008, in
accordance with this | ||
subsection to the extent necessary to administer the | ||
Department's responsibilities with respect to amendments to | ||
the State plans and Illinois waivers approved by the federal | ||
Centers for Medicare and Medicaid Services necessitated by the | ||
requirements of Title XIX and Title XXI of the federal Social | ||
Security Act. The adoption of emergency rules
authorized by | ||
this subsection (m) shall be deemed to be necessary for the | ||
public interest,
safety, and welfare.
| ||
(n) In order to provide for the expeditious and timely | ||
implementation of the provisions of the State's fiscal year | ||
2010 budget, emergency rules to implement any provision of | ||
Public Act 96-45 or any other budget initiative authorized by | ||
the 96th General Assembly for fiscal year 2010 may be adopted | ||
in accordance with this Section by the agency charged with | ||
administering that provision or initiative. The adoption of | ||
emergency rules authorized by this subsection (n) shall be | ||
deemed to be necessary for the public interest, safety, and | ||
welfare. The rulemaking authority granted in this subsection | ||
(n) shall apply only to rules promulgated during Fiscal Year | ||
2010. | ||
(o) In order to provide for the expeditious and timely | ||
implementation of the provisions of the State's fiscal year |
2011 budget, emergency rules to implement any provision of | ||
Public Act 96-958 or any other budget initiative authorized by | ||
the 96th General Assembly for fiscal year 2011 may be adopted | ||
in accordance with this Section by the agency charged with | ||
administering that provision or initiative. The adoption of | ||
emergency rules authorized by this subsection (o) is deemed to | ||
be necessary for the public interest, safety, and welfare. The | ||
rulemaking authority granted in this subsection (o) applies | ||
only to rules promulgated on or after July 1, 2010 (the | ||
effective date of Public Act 96-958) through June 30, 2011. | ||
(p) In order to provide for the expeditious and timely | ||
implementation of the provisions of Public Act 97-689, | ||
emergency rules to implement any provision of Public Act | ||
97-689 may be adopted in accordance with this subsection (p) | ||
by the agency charged with administering that provision or | ||
initiative. The 150-day limitation of the effective period of | ||
emergency rules does not apply to rules adopted under this | ||
subsection (p), and the effective period may continue through | ||
June 30, 2013. The 24-month limitation on the adoption of | ||
emergency rules does not apply to rules adopted under this | ||
subsection (p). The adoption of emergency rules authorized by | ||
this subsection (p) is deemed to be necessary for the public | ||
interest, safety, and welfare. | ||
(q) In order to provide for the expeditious and timely | ||
implementation of the provisions of Articles 7, 8, 9, 11, and | ||
12 of Public Act 98-104, emergency rules to implement any |
provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104 | ||
may be adopted in accordance with this subsection (q) by the | ||
agency charged with administering that provision or | ||
initiative. The 24-month limitation on the adoption of | ||
emergency rules does not apply to rules adopted under this | ||
subsection (q). The adoption of emergency rules authorized by | ||
this subsection (q) is deemed to be necessary for the public | ||
interest, safety, and welfare. | ||
(r) In order to provide for the expeditious and timely | ||
implementation of the provisions of Public Act 98-651, | ||
emergency rules to implement Public Act 98-651 may be adopted | ||
in accordance with this subsection (r) by the Department of | ||
Healthcare and Family Services. The 24-month limitation on the | ||
adoption of emergency rules does not apply to rules adopted | ||
under this subsection (r). The adoption of emergency rules | ||
authorized by this subsection (r) is deemed to be necessary | ||
for the public interest, safety, and welfare. | ||
(s) In order to provide for the expeditious and timely | ||
implementation of the provisions of Sections 5-5b.1 and 5A-2 | ||
of the Illinois Public Aid Code, emergency rules to implement | ||
any provision of Section 5-5b.1 or Section 5A-2 of the | ||
Illinois Public Aid Code may be adopted in accordance with | ||
this subsection (s) by the Department of Healthcare and Family | ||
Services. The rulemaking authority granted in this subsection | ||
(s) shall apply only to those rules adopted prior to July 1, | ||
2015. Notwithstanding any other provision of this Section, any |
emergency rule adopted under this subsection (s) shall only | ||
apply to payments made for State fiscal year 2015. The | ||
adoption of emergency rules authorized by this subsection (s) | ||
is deemed to be necessary for the public interest, safety, and | ||
welfare. | ||
(t) In order to provide for the expeditious and timely | ||
implementation of the provisions of Article II of Public Act | ||
99-6, emergency rules to implement the changes made by Article | ||
II of Public Act 99-6 to the Emergency Telephone System Act may | ||
be adopted in accordance with this subsection (t) by the | ||
Department of State Police. The rulemaking authority granted | ||
in this subsection (t) shall apply only to those rules adopted | ||
prior to July 1, 2016. The 24-month limitation on the adoption | ||
of emergency rules does not apply to rules adopted under this | ||
subsection (t). The adoption of emergency rules authorized by | ||
this subsection (t) is deemed to be necessary for the public | ||
interest, safety, and welfare. | ||
(u) In order to provide for the expeditious and timely | ||
implementation of the provisions of the Burn Victims Relief | ||
Act, emergency rules to implement any provision of the Act may | ||
be adopted in accordance with this subsection (u) by the | ||
Department of Insurance. The rulemaking authority granted in | ||
this subsection (u) shall apply only to those rules adopted | ||
prior to December 31, 2015. The adoption of emergency rules | ||
authorized by this subsection (u) is deemed to be necessary | ||
for the public interest, safety, and welfare. |
(v) In order to provide for the expeditious and timely | ||
implementation of the provisions of Public Act 99-516, | ||
emergency rules to implement Public Act 99-516 may be adopted | ||
in accordance with this subsection (v) by the Department of | ||
Healthcare and Family Services. The 24-month limitation on the | ||
adoption of emergency rules does not apply to rules adopted | ||
under this subsection (v). The adoption of emergency rules | ||
authorized by this subsection (v) is deemed to be necessary | ||
for the public interest, safety, and welfare. | ||
(w) In order to provide for the expeditious and timely | ||
implementation of the provisions of Public Act 99-796, | ||
emergency rules to implement the changes made by Public Act | ||
99-796 may be adopted in accordance with this subsection (w) | ||
by the Adjutant General. The adoption of emergency rules | ||
authorized by this subsection (w) is deemed to be necessary | ||
for the public interest, safety, and welfare. | ||
(x) In order to provide for the expeditious and timely | ||
implementation of the provisions of Public Act 99-906, | ||
emergency rules to implement subsection (i) of Section | ||
16-115D, subsection (g) of Section 16-128A, and subsection (a) | ||
of Section 16-128B of the Public Utilities Act may be adopted | ||
in accordance with this subsection (x) by the Illinois | ||
Commerce Commission. The rulemaking authority granted in this | ||
subsection (x) shall apply only to those rules adopted within | ||
180 days after June 1, 2017 (the effective date of Public Act | ||
99-906). The adoption of emergency rules authorized by this |
subsection (x) is deemed to be necessary for the public | ||
interest, safety, and welfare. | ||
(y) In order to provide for the expeditious and timely | ||
implementation of the provisions of Public Act 100-23, | ||
emergency rules to implement the changes made by Public Act | ||
100-23 to Section 4.02 of the Illinois Act on the Aging, | ||
Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code, | ||
Section 55-30 of the Alcoholism and Other Drug Abuse and | ||
Dependency Act, and Sections 74 and 75 of the Mental Health and | ||
Developmental Disabilities Administrative Act may be adopted | ||
in accordance with this subsection (y) by the respective | ||
Department. The adoption of emergency rules authorized by this | ||
subsection (y) is deemed to be necessary for the public | ||
interest, safety, and welfare. | ||
(z) In order to provide for the expeditious and timely | ||
implementation of the provisions of Public Act 100-554, | ||
emergency rules to implement the changes made by Public Act | ||
100-554 to Section 4.7 of the Lobbyist Registration Act may be | ||
adopted in accordance with this subsection (z) by the | ||
Secretary of State. The adoption of emergency rules authorized | ||
by this subsection (z) is deemed to be necessary for the public | ||
interest, safety, and welfare. | ||
(aa) In order to provide for the expeditious and timely | ||
initial implementation of the changes made to Articles 5, 5A, | ||
12, and 14 of the Illinois Public Aid Code under the provisions | ||
of Public Act 100-581, the Department of Healthcare and Family |
Services may adopt emergency rules in accordance with this | ||
subsection (aa). The 24-month limitation on the adoption of | ||
emergency rules does not apply to rules to initially implement | ||
the changes made to Articles 5, 5A, 12, and 14 of the Illinois | ||
Public Aid Code adopted under this subsection (aa). The | ||
adoption of emergency rules authorized by this subsection (aa) | ||
is deemed to be necessary for the public interest, safety, and | ||
welfare. | ||
(bb) In order to provide for the expeditious and timely | ||
implementation of the provisions of Public Act 100-587, | ||
emergency rules to implement the changes made by Public Act | ||
100-587 to Section 4.02 of the Illinois Act on the Aging, | ||
Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code, | ||
subsection (b) of Section 55-30 of the Alcoholism and Other | ||
Drug Abuse and Dependency Act, Section 5-104 of the | ||
Specialized Mental Health Rehabilitation Act of 2013, and | ||
Section 75 and subsection (b) of Section 74 of the Mental | ||
Health and Developmental Disabilities Administrative Act may | ||
be adopted in accordance with this subsection (bb) by the | ||
respective Department. The adoption of emergency rules | ||
authorized by this subsection (bb) is deemed to be necessary | ||
for the public interest, safety, and welfare. | ||
(cc) In order to provide for the expeditious and timely | ||
implementation of the provisions of Public Act 100-587, | ||
emergency rules may be adopted in accordance with this | ||
subsection (cc) to implement the changes made by Public Act |
100-587 to: Sections 14-147.5 and 14-147.6 of the Illinois | ||
Pension Code by the Board created under Article 14 of the Code; | ||
Sections 15-185.5 and 15-185.6 of the Illinois Pension Code by | ||
the Board created under Article 15 of the Code; and Sections | ||
16-190.5 and 16-190.6 of the Illinois Pension Code by the | ||
Board created under Article 16 of the Code. The adoption of | ||
emergency rules authorized by this subsection (cc) is deemed | ||
to be necessary for the public interest, safety, and welfare. | ||
(dd) In order to provide for the expeditious and timely | ||
implementation of the provisions of Public Act 100-864, | ||
emergency rules to implement the changes made by Public Act | ||
100-864 to Section 3.35 of the Newborn Metabolic Screening Act | ||
may be adopted in accordance with this subsection (dd) by the | ||
Secretary of State. The adoption of emergency rules authorized | ||
by this subsection (dd) is deemed to be necessary for the | ||
public interest, safety, and welfare. | ||
(ee) In order to provide for the expeditious and timely | ||
implementation of the provisions of Public Act 100-1172, | ||
emergency rules implementing the Illinois Underground Natural | ||
Gas Storage Safety Act may be adopted in accordance with this | ||
subsection by the Department of Natural Resources. The | ||
adoption of emergency rules authorized by this subsection is | ||
deemed to be necessary for the public interest, safety, and | ||
welfare. | ||
(ff) In order to provide for the expeditious and timely | ||
initial implementation of the changes made to Articles 5A and |
14 of the Illinois Public Aid Code under the provisions of | ||
Public Act 100-1181, the Department of Healthcare and Family | ||
Services may on a one-time-only basis adopt emergency rules in | ||
accordance with this subsection (ff). The 24-month limitation | ||
on the adoption of emergency rules does not apply to rules to | ||
initially implement the changes made to Articles 5A and 14 of | ||
the Illinois Public Aid Code adopted under this subsection | ||
(ff). The adoption of emergency rules authorized by this | ||
subsection (ff) is deemed to be necessary for the public | ||
interest, safety, and welfare. | ||
(gg) In order to provide for the expeditious and timely | ||
implementation of the provisions of Public Act 101-1, | ||
emergency rules may be adopted by the Department of Labor in | ||
accordance with this subsection (gg) to implement the changes | ||
made by Public Act 101-1 to the Minimum Wage Law. The adoption | ||
of emergency rules authorized by this subsection (gg) is | ||
deemed to be necessary for the public interest, safety, and | ||
welfare. | ||
(hh) In order to provide for the expeditious and timely | ||
implementation of the provisions of Public Act 101-10, | ||
emergency rules may be adopted in accordance with this | ||
subsection (hh) to implement the changes made by Public Act | ||
101-10 to subsection (j) of Section 5-5.2 of the Illinois | ||
Public Aid Code. The adoption of emergency rules authorized by | ||
this subsection (hh) is deemed to be necessary for the public | ||
interest, safety, and welfare. |
(ii) In order to provide for the expeditious and timely | ||
implementation of the provisions of Public Act 101-10, | ||
emergency rules to implement the changes made by Public Act | ||
101-10 to Sections 5-5.4 and 5-5.4i of the Illinois Public Aid | ||
Code may be adopted in accordance with this subsection (ii) by | ||
the Department of Public Health. The adoption of emergency | ||
rules authorized by this subsection (ii) is deemed to be | ||
necessary for the public interest, safety, and welfare. | ||
(jj) In order to provide for the expeditious and timely | ||
implementation of the provisions of Public Act 101-10, | ||
emergency rules to implement the changes made by Public Act | ||
101-10 to Section 74 of the Mental Health and Developmental | ||
Disabilities Administrative Act may be adopted in accordance | ||
with this subsection (jj) by the Department of Human Services. | ||
The adoption of emergency rules authorized by this subsection | ||
(jj) is deemed to be necessary for the public interest, | ||
safety, and welfare. | ||
(kk) In order to provide for the expeditious and timely | ||
implementation of the Cannabis Regulation and Tax Act , and | ||
Public Act 101-27, and this amendatory Act of the 102nd | ||
General Assembly, the Department of Revenue, the Department of | ||
Public Health, the Department of Agriculture, the Department | ||
of State Police, and the Department of Financial and | ||
Professional Regulation may adopt emergency rules in | ||
accordance with this subsection (kk). The rulemaking authority | ||
granted in this subsection (kk) shall apply only to rules |
adopted before December 31, 2021. Notwithstanding the | ||
provisions of subsection (c), emergency rules adopted under | ||
this subsection (kk) shall be effective for 180 days. The | ||
adoption of emergency rules authorized by this subsection (kk) | ||
is deemed to be necessary for the public interest, safety, and | ||
welfare. | ||
(ll) In order to provide for the expeditious and timely | ||
implementation of the provisions of the Leveling the Playing | ||
Field for Illinois Retail Act, emergency rules may be adopted | ||
in accordance with this subsection (ll) to implement the | ||
changes made by the Leveling the Playing Field for Illinois | ||
Retail Act. The adoption of emergency rules authorized by this | ||
subsection (ll) is deemed to be necessary for the public | ||
interest, safety, and welfare. | ||
(mm) In order to provide for the expeditious and timely | ||
implementation of the provisions of Section 25-70 of the | ||
Sports Wagering Act, emergency rules to implement Section | ||
25-70 of the Sports Wagering Act may be adopted in accordance | ||
with this subsection (mm) by the Department of the Lottery as | ||
provided in the Sports Wagering Act. The adoption of emergency | ||
rules authorized by this subsection (mm) is deemed to be | ||
necessary for the public interest, safety, and welfare. | ||
(nn) In order to provide for the expeditious and timely | ||
implementation of the Sports Wagering Act, emergency rules to | ||
implement the Sports Wagering Act may be adopted in accordance | ||
with this subsection (nn) by the Illinois Gaming Board. The |
adoption of emergency rules authorized by this subsection (nn) | ||
is deemed to be necessary for the public interest, safety, and | ||
welfare. | ||
(oo) In order to provide for the expeditious and timely | ||
implementation of the provisions of subsection (c) of Section | ||
20 of the Video Gaming Act, emergency rules to implement the | ||
provisions of subsection (c) of Section 20 of the Video Gaming | ||
Act may be adopted in accordance with this subsection (oo) by | ||
the Illinois Gaming Board. The adoption of emergency rules | ||
authorized by this subsection (oo) is deemed to be necessary | ||
for the public interest, safety, and welfare. | ||
(pp) In order to provide for the expeditious and timely
| ||
implementation of the provisions of Section 50 of the Sexual
| ||
Assault Evidence Submission Act, emergency rules to implement
| ||
Section 50 of the Sexual Assault Evidence Submission Act may | ||
be
adopted in accordance with this subsection (pp) by the
| ||
Department of State Police. The adoption of emergency rules
| ||
authorized by this subsection (pp) is deemed to be necessary
| ||
for the public interest, safety, and welfare. | ||
(qq) In order to provide for the expeditious and timely | ||
implementation of the provisions of the Illinois Works Jobs | ||
Program Act, emergency rules may be adopted in accordance with | ||
this subsection (qq) to implement the Illinois Works Jobs | ||
Program Act. The adoption of emergency rules authorized by | ||
this subsection (qq) is deemed to be necessary for the public | ||
interest, safety, and welfare. |
(Source: P.A. 100-23, eff. 7-6-17; 100-554, eff. 11-16-17; | ||
100-581, eff. 3-12-18; 100-587, Article 95, Section 95-5, eff. | ||
6-4-18; 100-587, Article 110, Section 110-5, eff. 6-4-18; | ||
100-864, eff. 8-14-18; 100-1172, eff. 1-4-19; 100-1181, eff. | ||
3-8-19; 101-1, eff. 2-19-19; 101-10, Article 20, Section 20-5, | ||
eff. 6-5-19; 101-10, Article 35, Section 35-5, eff. 6-5-19; | ||
101-27, eff. 6-25-19; 101-31, Article 15, Section 15-5, eff. | ||
6-28-19; 101-31, Article 25, Section 25-900, eff. 6-28-19; | ||
101-31, Article 35, Section 35-3, eff. 6-28-19; 101-377, eff. | ||
8-16-19; 101-601, eff. 12-10-19.) | ||
Section 5. The Compassionate Use of Medical Cannabis | ||
Program Act is amended by changing Sections 55, 100, 115, 130, | ||
and 145 and by adding Sections 115.5 and 162 as follows: | ||
(410 ILCS 130/55)
| ||
Sec. 55. Registration of qualifying patients and | ||
designated caregivers.
| ||
(a) The Department of Public Health shall issue registry | ||
identification cards to qualifying patients and designated | ||
caregivers who submit a completed application, and at minimum, | ||
the following, in accordance with Department of Public Health | ||
rules:
| ||
(1) A written certification, on a form developed by | ||
the Department of Public Health consistent with Section 36 | ||
and issued by a certifying health care professional, |
within 90 days immediately preceding the date of an | ||
application and submitted by the qualifying patient or his | ||
or her designated caregiver;
| ||
(2) upon the execution of applicable privacy waivers, | ||
the patient's medical documentation related to his or her | ||
debilitating condition and any other information that may | ||
be reasonably required by the Department of Public Health | ||
to confirm that the certifying health care professional | ||
and patient have a bona fide health care | ||
professional-patient relationship, that the qualifying | ||
patient is in the certifying health care professional's | ||
care for his or her debilitating medical condition, and to | ||
substantiate the patient's diagnosis;
| ||
(3) the application or renewal fee as set by rule;
| ||
(4) the name, address, date of birth, and social | ||
security number of the qualifying patient, except that if | ||
the applicant is homeless no address is required;
| ||
(5) the name, address, and telephone number of the | ||
qualifying patient's certifying health care professional;
| ||
(6) the name, address, and date of birth of the | ||
designated caregiver, if any, chosen by the qualifying | ||
patient;
| ||
(7) (blank) the name of the registered medical | ||
cannabis dispensing organization the qualifying patient | ||
designates ;
| ||
(8) signed statements from the patient and designated |
caregiver asserting that they will not divert medical | ||
cannabis; and
| ||
(9) (blank).
| ||
(b) Notwithstanding any other provision of this Act, a | ||
person provided a written certification for a debilitating | ||
medical condition who has submitted a completed online | ||
application to the Department of Public Health shall receive a | ||
provisional registration and be entitled to purchase medical | ||
cannabis from a specified licensed dispensing organization for | ||
a period of 90 days or until his or her application has been | ||
denied or he or she receives a registry identification card, | ||
whichever is earlier. However, a person may obtain an | ||
additional provisional registration after the expiration of 90 | ||
days after the date of application if the Department of Public | ||
Health does not provide the individual with a registry | ||
identification card or deny the individual's application | ||
within those 90 days. | ||
The provisional registration may not be extended if the | ||
individual does not respond to the Department of Public | ||
Health's request for additional information or corrections to | ||
required application documentation. | ||
In order for a person to receive medical cannabis under | ||
this subsection, a person must present his or her provisional | ||
registration along with a valid driver's license or State | ||
identification card to the licensed dispensing organization | ||
specified in his or her application . The dispensing |
organization shall verify the person's provisional | ||
registration through the Department of Public Health's online | ||
verification system. | ||
Upon verification of the provided documents, the | ||
dispensing organization shall dispense no more than 2.5 ounces | ||
of medical cannabis during a 14-day period to the person for a | ||
period of 90 days, until his or her application has been | ||
denied, or until he or she receives a registry identification | ||
card from the Department of Public Health, whichever is | ||
earlier. | ||
Persons with provisional registrations must keep their | ||
provisional registration in his or her possession at all times | ||
when transporting or engaging in the medical use of cannabis. | ||
(c) No person or business shall charge a fee for | ||
assistance in the preparation, compilation, or submission of | ||
an application to the Compassionate Use of Medical Cannabis | ||
Program or the Opioid Alternative Pilot Program. A violation | ||
of this subsection is a Class C misdemeanor, for which | ||
restitution to the applicant and a fine of up to $1,500 may be | ||
imposed. All fines shall be deposited into the Compassionate | ||
Use of Medical Cannabis Fund after restitution has been made | ||
to the applicant. The Department of Public Health shall refer | ||
individuals making complaints against a person or business | ||
under this Section to the Illinois State Police, who shall | ||
enforce violations of this provision. All application forms | ||
issued by the Department shall state that no person or |
business may charge a fee for assistance in the preparation, | ||
compilation, or submission of an application to the | ||
Compassionate Use of Medical Cannabis Program or the Opioid | ||
Alternative Pilot Program. | ||
(Source: P.A. 100-1114, eff. 8-28-18; 101-363, eff. 8-9-19.) | ||
(410 ILCS 130/100)
| ||
Sec. 100. Cultivation center agent identification card. | ||
(a) The Department of Agriculture shall:
| ||
(1) verify the information contained in an application | ||
or renewal for a cultivation center identification card | ||
submitted under this Act, and approve or deny an | ||
application or renewal, within 30 days of receiving a | ||
completed application or renewal application and all | ||
supporting documentation required by rule;
| ||
(2) issue a cultivation center agent identification | ||
card to a qualifying agent within 15 business days of | ||
approving the application or renewal;
| ||
(3) enter the registry identification number of the | ||
cultivation center where the agent works; and
| ||
(4) allow for an electronic application process, and | ||
provide a confirmation by electronic or other methods that | ||
an application has been submitted.
| ||
(b) A cultivation center agent must keep his or her | ||
identification card visible at all times when on the property | ||
of a cultivation center and during the transportation of |
medical cannabis to a registered dispensary organization.
| ||
(c) The cultivation center agent identification cards | ||
shall contain the following:
| ||
(1) the name of the cardholder;
| ||
(2) the date of issuance and expiration date of | ||
cultivation center agent identification cards;
| ||
(3) a random 10 digit alphanumeric identification | ||
number containing at least 4 numbers and at least 4 | ||
letters; that is unique to the holder; and
| ||
(4) a photograph of the cardholder.
| ||
(d) The cultivation center agent identification cards | ||
shall be immediately returned to the cultivation center upon | ||
termination of employment.
| ||
(e) Any card lost by a cultivation center agent shall be | ||
reported to the State Police and the Department of Agriculture | ||
immediately upon discovery of the loss.
| ||
(f) An applicant shall be denied a cultivation center | ||
agent identification card if he or she has been convicted of an | ||
excluded offense.
| ||
(g) An agent applicant may begin employment at a | ||
cultivation center while the agent applicant's identification | ||
card application is pending. Upon approval, the Department | ||
shall issue the agent's identification card to the agent. If | ||
denied, the cultivation center and the agent applicant shall | ||
be notified and the agent applicant must cease all activity at | ||
the cultivation center immediately.
|
(Source: P.A. 98-122, eff. 1-1-14 .) | ||
(410 ILCS 130/115)
| ||
Sec. 115. Registration of dispensing organizations. | ||
(a) The Department of Financial and Professional | ||
Regulation may issue up to 60 dispensing organization | ||
registrations for operation. The Department of Financial and | ||
Professional Regulation may not issue less than the 60 | ||
registrations if there are qualified applicants who have | ||
applied with the Department of Financial and Professional | ||
Regulation. The organizations shall be geographically | ||
dispersed throughout the State to allow all registered | ||
qualifying patients reasonable proximity and access to a | ||
dispensing organization.
| ||
(a-5) The For any dispensing organization registered on or | ||
after July 1, 2019, the Department of Financial and | ||
Professional Regulation shall adopt rules to create a | ||
registration process for Social Equity Justice Involved | ||
Applicants and Qualifying Applicants, a streamlined | ||
application, and a Social Equity Justice Involved Medical | ||
Lottery under Section 115.5 to issue the remaining available 5 | ||
dispensing organization registrations for operation award not | ||
less than 20% of all available points to applicants that | ||
qualify as Social Equity Applicants . For purposes of this | ||
Section: | ||
"Disproportionately Impacted Area" means a census tract or |
comparable geographic area that satisfies the following | ||
criteria as determined by the Department of Commerce and | ||
Economic Opportunity, that: | ||
(1) meets at least one of the following criteria: | ||
(A) the area has a poverty rate of at least 20% | ||
according to the latest federal decennial census; or | ||
(B) 75% or more of the children in the area | ||
participate in the federal free lunch program | ||
according to reported statistics from the State Board | ||
of Education; or | ||
(C) at least 20% of the households in the area | ||
receive assistance under the Supplemental Nutrition | ||
Assistance Program; or | ||
(D) the area has an average unemployment rate, as | ||
determined by the Illinois Department of Employment | ||
Security, that is more than 120% of the national | ||
unemployment average, as determined by the United | ||
States Department of Labor, for a period of at least 2 | ||
consecutive calendar years preceding the date of the | ||
application; and | ||
(2) has high rates of arrest, conviction, and | ||
incarceration related to sale, possession, use, | ||
cultivation, manufacture, or transport of cannabis. | ||
"Qualifying Applicant" means an applicant that: (i) | ||
submitted an application pursuant to Section 15-30 of the | ||
Cannabis Regulation and Tax Act that received at least 85% of |
250 application points available under Section 15-30 of the | ||
Cannabis Regulation and Tax Act as the applicant's final | ||
score; (ii) received points at the conclusion of the scoring | ||
process for meeting the definition of a "Social Equity | ||
Applicant" as set forth under the Cannabis Regulation and Tax | ||
Act; and (iii) is an applicant that did not receive a | ||
Conditional Adult Use Dispensing Organization License through | ||
a Qualifying Applicant Lottery pursuant to Section 15-35 of | ||
the Cannabis Regulation and Tax Act or any Tied Applicant | ||
Lottery conducted under the Cannabis Regulation and Tax Act. | ||
"Social Equity Justice Involved Applicant" means an | ||
applicant that is an Illinois resident and one of the | ||
following that meets one of the following criteria : | ||
(1) an applicant with at least 51% ownership and | ||
control by one or more individuals who have resided for at | ||
least 5 of the preceding 10 years in a Disproportionately | ||
Impacted Area; | ||
(2) an applicant with at least 51% of ownership and | ||
control by one or more individuals who have been arrested | ||
for, convicted of, or adjudicated delinquent for any | ||
offense that is eligible for expungement under subsection | ||
(i) of Section 5.2 of the Criminal Identification Act or | ||
member of an impacted family ; or | ||
(3) an applicant with at least 51% ownership and | ||
control by one or more members of an impacted family. for | ||
applicants with a minimum of 10 full-time employees, an |
applicant with at least 51% of current employees who: | ||
(A) currently reside in a Disproportionately | ||
Impacted Area; or | ||
(B) have been arrested for, convicted of, or | ||
adjudicated delinquent for any offense that is | ||
eligible for expungement or member of an impacted | ||
family. | ||
(b) A dispensing organization may only operate if it has | ||
been issued a registration from the Department of Financial | ||
and Professional Regulation. The Department of Financial and | ||
Professional Regulation shall adopt rules establishing the | ||
procedures for applicants for dispensing organizations.
| ||
(c) When applying for a dispensing organization | ||
registration, the applicant shall submit, at a minimum, the | ||
following in accordance with Department of Financial and | ||
Professional Regulation rules:
| ||
(1) a non-refundable application fee established by | ||
rule;
| ||
(2) the proposed legal name of the dispensing | ||
organization;
| ||
(3) the proposed physical address of the dispensing | ||
organization;
| ||
(4) the name, address, and date of birth of each | ||
principal officer and board member of the dispensing | ||
organization, provided that all those individuals shall be | ||
at least 21 years of age;
|
(5) (blank) information, in writing, regarding any | ||
instances in which a business or not-for-profit that any | ||
of the prospective board members managed or served on the | ||
board was convicted, fined, censured, or had a | ||
registration suspended or revoked in any administrative or | ||
judicial proceeding ;
| ||
(6) (blank) proposed operating by-laws that include | ||
procedures for the oversight of the medical cannabis | ||
dispensing organization and procedures to ensure accurate | ||
record keeping and security measures that are in | ||
accordance with the rules applied by the Department of | ||
Financial and Professional Regulation under this Act. The | ||
by-laws shall include a description of the enclosed, | ||
locked facility where medical cannabis will be stored by | ||
the dispensing organization ; and
| ||
(7) (blank) signed statements from each dispensing | ||
organization agent stating that they will not divert | ||
medical cannabis .
| ||
(d) The Department of Financial and Professional | ||
Regulation shall conduct a background check of the prospective | ||
dispensing organization agents in order to carry out this | ||
Section. The Department of State Police shall charge a fee for | ||
conducting the criminal history record check, which shall be | ||
deposited in the State Police Services Fund and shall not | ||
exceed the actual cost of the record check. Each person | ||
applying as a dispensing organization agent shall submit a |
full set of fingerprints to the Department of State Police for | ||
the purpose of obtaining a State and federal criminal records | ||
check. These fingerprints shall be checked against the | ||
fingerprint records now and hereafter, to the extent allowed | ||
by law, filed in the Department of State Police and Federal | ||
Bureau of Investigation criminal history records databases. | ||
The Department of State Police shall furnish, following | ||
positive identification, all Illinois conviction information | ||
to the Department of Financial and Professional Regulation.
| ||
(e) A dispensing organization must pay a registration fee | ||
set by the Department of Financial and Professional | ||
Regulation.
| ||
(f) An application for a medical cannabis dispensing | ||
organization registration must be denied if any of the | ||
following conditions are met:
| ||
(1) the applicant failed to submit the materials | ||
required by this Section, including if the applicant's | ||
plans do not satisfy the security, oversight, or | ||
recordkeeping rules issued by the Department of Financial | ||
and Professional Regulation;
| ||
(2) the applicant would not be in compliance with | ||
local zoning rules issued in accordance with Section 140;
| ||
(3) the applicant does not meet the requirements of | ||
Section 130;
| ||
(4) one or more of the prospective principal officers | ||
or board members has been convicted of an excluded |
offense;
| ||
(5) one or more of the prospective principal officers | ||
or board members has served as a principal officer or | ||
board member for a registered medical cannabis dispensing | ||
organization that has had its registration revoked; and
| ||
(6) one or more of the principal officers or board | ||
members is under 21 years of age.
| ||
(Source: P.A. 101-363, eff. 8-9-19.) | ||
(410 ILCS 130/115.5 new) | ||
Sec. 115.5. Social Equity Justice Involved Medical | ||
Lottery. | ||
(a) In this Section: | ||
"By lot" has the same meaning as defined in Section 1-10 of | ||
the Cannabis Regulation and Tax Act. | ||
"Qualifying Applicant" has the same meaning as defined in | ||
subsection (a-5) of Section 115. | ||
"Social Equity Justice Involved Applicant" has the same | ||
meaning as defined in subsection (a-5) of Section 115. | ||
"Social Equity Justice Involved Medical Lottery" means the | ||
process of issuing 5 available medical cannabis dispensing | ||
organization registrations by lot, conducted by the Department | ||
of Financial and Professional Regulation, for applicants who | ||
are either: (i) Social Equity Justice Involved Applicants; or | ||
(ii) Qualifying Applicants. | ||
(b) The Department of Financial and Professional |
Regulation shall conduct a Social Equity Justice Involved | ||
Medical Lottery to award up to 5 medical cannabis dispensing | ||
organization registrations by lot in accordance with Section | ||
115. | ||
(c) The Department of Financial and Professional | ||
Regulation shall adopt rules through emergency rulemaking in | ||
accordance with subsection (kk) of Section 5-45 of the | ||
Illinois Administrative Procedure Act to create a registration | ||
process, a streamlined application, an application fee not to | ||
exceed $5,000 for purposes of this Section, and limits on the | ||
number of entries into the Social Equity Justice Involved | ||
Medical Lottery, as well as any other measures to reduce | ||
barriers to enter the cannabis industry. The General Assembly | ||
finds that the adoption of rules to regulate cannabis use is | ||
deemed an emergency and necessary for the public interest, | ||
safety, and welfare. | ||
(d) Social Equity Justice Involved Applicants awarded a | ||
registration under subsection (a-5) of Section 115 are | ||
eligible to serve purchasers at the same site and a secondary | ||
site under the Cannabis Regulation and Tax Act, subject to | ||
application and inspection processes established by the | ||
Department. The licenses issued under this Section shall be | ||
valid for 2 years after the date of issuance and shall renew in | ||
the manner proscribed by the Department. | ||
(e) No applicant may be awarded more than one medical | ||
cannabis dispensing organization registration at the |
conclusion of the lottery conducted under this Section. | ||
(f) No individual may be listed as a principal officer of | ||
more than one medical cannabis dispensing organization | ||
registration awarded under this Section. | ||
(410 ILCS 130/130)
| ||
Sec. 130. Requirements; prohibitions; penalties; | ||
dispensing organizations. | ||
(a) The Department of Financial and Professional | ||
Regulation shall implement the provisions of this Section by | ||
rule.
| ||
(b) A dispensing organization shall maintain operating | ||
documents which shall include procedures for the oversight of | ||
the registered dispensing organization and procedures to | ||
ensure accurate recordkeeping.
| ||
(c) A dispensing organization shall implement appropriate | ||
security measures, as provided by rule, to deter and prevent | ||
the theft of cannabis and unauthorized entrance into areas | ||
containing cannabis.
| ||
(d) A dispensing organization may not be located within | ||
1,000 feet of the property line of a pre-existing public or | ||
private preschool or elementary or secondary school or day | ||
care center, day care home, group day care home, or part day | ||
child care facility. A registered dispensing organization may | ||
not be located in a house, apartment, condominium, or an area | ||
zoned for residential use.
This subsection shall not apply to |
any dispensing organizations registered on or after July 1, | ||
2019. | ||
(e) A dispensing organization is prohibited from acquiring | ||
cannabis from anyone other than a cultivation center, craft | ||
grower, processing organization, another dispensing | ||
organization, or transporting organization licensed or | ||
registered under this Act or the Cannabis Regulation and Tax | ||
Act registered cultivation center . A dispensing organization | ||
is prohibited from obtaining cannabis from outside the State | ||
of Illinois.
| ||
(f) A registered dispensing organization is prohibited | ||
from dispensing cannabis for any purpose except to assist | ||
registered qualifying patients with the medical use of | ||
cannabis directly or through the qualifying patients' | ||
designated caregivers.
| ||
(g) The area in a dispensing organization where medical | ||
cannabis is stored can only be accessed by dispensing | ||
organization agents working for the dispensing organization, | ||
Department of Financial and Professional Regulation staff | ||
performing inspections, law enforcement or other emergency | ||
personnel, and contractors working on jobs unrelated to | ||
medical cannabis, such as installing or maintaining security | ||
devices or performing electrical wiring.
| ||
(h) A dispensing organization may not dispense more than | ||
2.5 ounces of cannabis to a registered qualifying patient, | ||
directly or via a designated caregiver, in any 14-day period |
unless the qualifying patient has a Department of Public | ||
Health-approved quantity waiver.
Any Department of Public | ||
Health-approved quantity waiver process must be made available | ||
to qualified veterans. | ||
(i) Except as provided in subsection (i-5), before medical | ||
cannabis may be dispensed to a designated caregiver or a | ||
registered qualifying patient, a dispensing organization agent | ||
must determine that the individual is a current cardholder in | ||
the verification system and must verify each of the following:
| ||
(1) that the registry identification card presented to | ||
the registered dispensing organization is valid;
| ||
(2) that the person presenting the card is the person | ||
identified on the registry identification card presented | ||
to the dispensing organization agent;
| ||
(3) (blank); and that the dispensing organization is | ||
the designated dispensing organization for the registered | ||
qualifying patient who is obtaining the cannabis directly | ||
or via his or her designated caregiver; and
| ||
(4) that the registered qualifying patient has not | ||
exceeded his or her adequate supply.
| ||
(i-5) A dispensing organization may dispense medical
| ||
cannabis to an Opioid Alternative Pilot Program participant | ||
under Section 62 and to a person presenting proof of | ||
provisional registration under Section 55. Before dispensing | ||
medical cannabis, the dispensing organization shall comply | ||
with the requirements of Section 62 or Section 55, whichever |
is applicable, and verify the following: | ||
(1) that the written certification presented to the | ||
registered dispensing organization is valid and an | ||
original document; | ||
(2) that the person presenting the written | ||
certification is the person identified on the written | ||
certification; and | ||
(3) that the participant has not exceeded his or her | ||
adequate supply. | ||
(j) Dispensing organizations shall ensure compliance with | ||
this limitation by maintaining internal, confidential records | ||
that include records specifying how much medical cannabis is | ||
dispensed to the registered qualifying patient and whether it | ||
was dispensed directly to the registered qualifying patient or | ||
to the designated caregiver. Each entry must include the date | ||
and time the cannabis was dispensed. Additional recordkeeping | ||
requirements may be set by rule.
| ||
(k) The health care professional-patient privilege as set | ||
forth by Section 8-802 of the Code of Civil Procedure shall | ||
apply between a qualifying patient and a registered dispensing | ||
organization and its agents with respect to communications and | ||
records concerning qualifying patients' debilitating | ||
conditions.
| ||
(l) A dispensing organization may not permit any person to | ||
consume cannabis on the property of a medical cannabis | ||
organization.
|
(m) A dispensing organization may not share office space | ||
with or refer patients to a certifying health care | ||
professional.
| ||
(n) Notwithstanding any other criminal penalties related | ||
to the unlawful possession of cannabis, the Department of | ||
Financial and Professional Regulation may revoke, suspend, | ||
place on probation, reprimand, refuse to issue or renew, or | ||
take any other disciplinary or non-disciplinary action as the | ||
Department of Financial and Professional Regulation may deem | ||
proper with regard to the registration of any person issued | ||
under this Act to operate a dispensing organization or act as a | ||
dispensing organization agent, including imposing fines not to | ||
exceed $10,000 for each violation, for any violations of this | ||
Act and rules adopted in accordance with this Act. The | ||
procedures for disciplining a registered dispensing | ||
organization shall be determined by rule. All final | ||
administrative decisions of the Department of Financial and | ||
Professional Regulation are subject to judicial review under | ||
the Administrative Review Law and its rules. The term | ||
"administrative decision" is defined as in Section 3-101 of | ||
the Code of Civil Procedure.
| ||
(o) Dispensing organizations are subject to random | ||
inspection and cannabis testing by the Department of Financial | ||
and Professional Regulation , and the Illinois State Police , | ||
the Department of Revenue, the Department of Public Health, | ||
the Department of Agriculture, or as provided by rule.
|
(p) The Department of Financial and Professional | ||
Regulation shall adopt rules permitting returns, and potential | ||
refunds, for damaged or inadequate products.
| ||
(q) The Department of Financial and Professional | ||
Regulation may issue nondisciplinary citations for minor | ||
violations which may be accompanied by a civil penalty not to | ||
exceed $10,000 per violation. The penalty shall be a civil | ||
penalty or other condition as established by rule. The | ||
citation shall be issued to the licensee and shall contain the | ||
licensee's name, address, and license number, a brief factual | ||
statement, the Sections of the law or rule allegedly violated, | ||
and the civil penalty, if any, imposed. The citation must | ||
clearly state that the licensee may choose, in lieu of | ||
accepting the citation, to request a hearing. If the licensee | ||
does not dispute the matter in the citation with the | ||
Department of Financial and Professional Regulation within 30 | ||
days after the citation is served, then the citation shall | ||
become final and shall not be subject to appeal. | ||
(Source: P.A. 100-1114, eff. 8-28-18; 101-363, eff. 8-9-19.) | ||
(410 ILCS 130/145)
| ||
Sec. 145. Confidentiality. | ||
(a) The following information received and records kept by | ||
the
Department of Public Health, Department of Financial and | ||
Professional Regulation, Department of Agriculture, or | ||
Department of State Police for purposes of administering this |
Act are subject to all applicable federal privacy laws, | ||
confidential, and exempt from the Freedom of Information Act, | ||
and not subject to disclosure to any individual or public or | ||
private entity, except as necessary for authorized employees | ||
of those authorized agencies to perform official duties under | ||
this Act and the following information received and records | ||
kept by Department of Public Health, Department of | ||
Agriculture, Department of Financial and Professional | ||
Regulation, and Department of State Police, excluding any | ||
existing or non-existing Illinois or national criminal history | ||
record information as defined in subsection (d), may be | ||
disclosed to each other upon request:
| ||
(1) Applications and renewals, their contents, and | ||
supporting information submitted by qualifying patients | ||
and designated caregivers, including information regarding | ||
their designated caregivers and certifying health care | ||
professionals.
| ||
(2) Applications and renewals, their contents, and | ||
supporting information submitted by or on behalf of | ||
cultivation centers and dispensing organizations in | ||
compliance with this Act, including their physical | ||
addresses. This does not preclude the release of ownership | ||
information of cannabis business establishment licenses.
| ||
(3) The individual names and other information | ||
identifying persons to whom the Department of Public | ||
Health has issued registry identification cards.
|
(4) Any dispensing information required to be kept | ||
under Section 135, Section 150, or Department of Public | ||
Health, Department of Agriculture, or Department of | ||
Financial and Professional Regulation rules shall identify | ||
cardholders and registered cultivation centers by their | ||
registry identification numbers and medical cannabis | ||
dispensing organizations by their registration number and | ||
not contain names or other personally identifying | ||
information.
| ||
(5) All medical records provided to the Department of | ||
Public Health in connection with an application for a | ||
registry card.
| ||
(b) Nothing in this Section precludes the following:
| ||
(1) Department of Agriculture, Department of Financial | ||
and Professional Regulation, or Public Health employees | ||
may notify law enforcement about falsified or fraudulent | ||
information submitted to the Departments if the employee | ||
who suspects that falsified or fraudulent information has | ||
been submitted conferred with his or her supervisor and | ||
both agree that circumstances exist that warrant | ||
reporting.
| ||
(2) If the employee conferred with his or her | ||
supervisor and both agree that circumstances exist that | ||
warrant reporting, Department of Public Health employees | ||
may notify the Department of Financial and Professional | ||
Regulation if there is reasonable cause to believe a |
certifying health care professional:
| ||
(A) issued a written certification without a bona | ||
fide health care professional-patient relationship | ||
under this Act;
| ||
(B) issued a written certification to a person who | ||
was not under the certifying health care | ||
professional's care for the debilitating medical | ||
condition; or
| ||
(C) failed to abide by the acceptable and | ||
prevailing standard of care when evaluating a | ||
patient's medical condition.
| ||
(3) The Department of Public Health, Department of | ||
Agriculture, and Department of Financial and Professional | ||
Regulation may notify State or local law enforcement about | ||
apparent criminal violations of this Act if the employee | ||
who suspects the offense has conferred with his or her | ||
supervisor and both agree that circumstances exist that | ||
warrant reporting.
| ||
(4) Medical cannabis cultivation center agents and | ||
medical cannabis dispensing organizations may notify the | ||
Department of Public Health, Department of Financial and | ||
Professional Regulation, or Department of Agriculture of a | ||
suspected violation or attempted violation of this Act or | ||
the rules issued under it.
| ||
(5) Each Department may verify registry identification | ||
cards under Section 150.
|
(6) The submission of the report to the General | ||
Assembly under Section 160.
| ||
(b-5) Each Department responsible for licensure under this | ||
Act shall publish on the Department's website a list of the | ||
ownership information of cannabis business establishment | ||
licensees under the Department's jurisdiction. The list shall | ||
include, but shall not be limited to, the name of the person or | ||
entity holding each cannabis business establishment license | ||
and the address at which the entity is operating under this | ||
Act. This list shall be published and updated monthly. | ||
(c) Except for any ownership information released pursuant | ||
to subsection (b-5) or as otherwise authorized or required by | ||
law, it It is a Class B misdemeanor with a $1,000 fine for any | ||
person, including an employee or official of the Department of | ||
Public Health, Department of Financial and Professional | ||
Regulation, or Department of Agriculture or another State | ||
agency or local government, to breach the confidentiality of | ||
information obtained under this Act.
| ||
(d) The Department of Public Health, the Department of | ||
Agriculture, the Department of State Police, and the | ||
Department of Financial and Professional Regulation shall not | ||
share or disclose any existing or non-existing Illinois or | ||
national criminal history record information. For the purposes | ||
of this Section, "any existing or non-existing Illinois or | ||
national criminal history record information" means any | ||
Illinois or national criminal history record information, |
including but not limited to the lack of or non-existence of | ||
these records. | ||
(Source: P.A. 101-363, eff. 8-9-19.) | ||
(410 ILCS 130/162 new) | ||
Sec. 162. Market research study. The Illinois Cannabis | ||
Regulation Oversight Officer shall conduct a market research | ||
study on or before January 1, 2022. The study shall evaluate | ||
the ownership demographics of licensees and applicants for | ||
licenses under this Act. | ||
Section 10. The Cannabis Regulation and Tax Act is amended | ||
by changing Sections 1-10, 5-45, 7-30, 10-35, 10-40, 15-15, | ||
15-25, 15-30, 15-35, 15-40, 15-70, 15-85, 15-135, 20-30, 25-5, | ||
25-30, 25-35, 30-5, 30-30, 35-5, 35-25, 35-30, 40-25, 40-30, | ||
55-21, 55-28, and 55-30 and by adding Sections 15-30.20, | ||
15-35.10, 15-35.20, 20-55, 30-55, 35-45, and 40-45 as follows: | ||
(410 ILCS 705/1-10)
| ||
Sec. 1-10. Definitions. In this Act: | ||
"Adult Use Cultivation Center License" means a license | ||
issued by the Department of Agriculture that permits a person | ||
to act as a cultivation center under this Act and any | ||
administrative rule made in furtherance of this Act. | ||
"Adult Use Dispensing Organization License" means a | ||
license issued by the Department of Financial and Professional |
Regulation that permits a person to act as a dispensing | ||
organization under this Act and any administrative rule made | ||
in furtherance of this Act. | ||
"Advertise" means to engage in promotional activities | ||
including, but not limited to: newspaper, radio, Internet and | ||
electronic media, and television advertising; the distribution | ||
of fliers and circulars; billboard advertising; and the | ||
display of window and interior signs. "Advertise" does not | ||
mean exterior signage displaying only the name of the licensed | ||
cannabis business establishment. | ||
"Application points" means the number of points a | ||
Dispensary Applicant receives on an application for a | ||
Conditional Adult Use Dispensing Organization License. | ||
"BLS Region" means a region in Illinois used by the United | ||
States Bureau of Labor Statistics to gather and categorize | ||
certain employment and wage data. The 17 such regions in | ||
Illinois are: Bloomington, Cape Girardeau, Carbondale-Marion, | ||
Champaign-Urbana, Chicago-Naperville-Elgin, Danville, | ||
Davenport-Moline-Rock Island, Decatur, Kankakee, Peoria, | ||
Rockford, St. Louis, Springfield, Northwest Illinois | ||
nonmetropolitan area, West Central Illinois nonmetropolitan | ||
area, East Central Illinois nonmetropolitan area, and South | ||
Illinois nonmetropolitan area. | ||
"By lot" means a randomized method of choosing between 2 | ||
or more Eligible Tied Applicants or 2 or more Qualifying | ||
Applicants. |
"Cannabis" means marijuana, hashish, and other substances | ||
that are identified as including any parts of the plant | ||
Cannabis sativa and including derivatives or subspecies, such | ||
as indica, of all strains of cannabis, whether growing or not; | ||
the seeds thereof, the resin extracted from any part of the | ||
plant; and any compound, manufacture, salt, derivative, | ||
mixture, or preparation of the plant, its seeds, or resin, | ||
including tetrahydrocannabinol (THC) and all other naturally | ||
produced cannabinol derivatives, whether produced directly or | ||
indirectly by extraction; however, "cannabis" does not include | ||
the mature stalks of the plant, fiber produced from the | ||
stalks, oil or cake made from the seeds of the plant, any other | ||
compound, manufacture, salt, derivative, mixture, or | ||
preparation of the mature stalks (except the resin extracted | ||
from it), fiber, oil or cake, or the sterilized seed of the | ||
plant that is incapable of germination. "Cannabis" does not | ||
include industrial hemp as defined and authorized under the | ||
Industrial Hemp Act. "Cannabis" also means cannabis flower, | ||
concentrate, and cannabis-infused products. | ||
"Cannabis business establishment" means a cultivation | ||
center, craft grower, processing organization, infuser | ||
organization, dispensing organization, or transporting | ||
organization. | ||
"Cannabis concentrate" means a product derived from | ||
cannabis that is produced by extracting cannabinoids, | ||
including tetrahydrocannabinol (THC), from the plant through |
the use of propylene glycol, glycerin, butter, olive oil or | ||
other typical cooking fats; water, ice, or dry ice; or butane, | ||
propane, CO 2 , ethanol, or isopropanol and with the intended | ||
use of smoking or making a cannabis-infused product. The use | ||
of any other solvent is expressly prohibited unless and until | ||
it is approved by the Department of Agriculture. | ||
"Cannabis container" means a sealed or resealable , | ||
traceable, container, or package used for the purpose of | ||
containment of cannabis or cannabis-infused product during | ||
transportation. | ||
"Cannabis flower" means marijuana, hashish, and other | ||
substances that are identified as including any parts of the | ||
plant Cannabis sativa and including derivatives or subspecies, | ||
such as indica, of all strains of cannabis; including raw | ||
kief, leaves, and buds, but not resin that has been extracted | ||
from any part of such plant; nor any compound, manufacture, | ||
salt, derivative, mixture, or preparation of such plant, its | ||
seeds, or resin. | ||
"Cannabis-infused product" means a beverage, food, oil, | ||
ointment, tincture, topical formulation, or another product | ||
containing cannabis or cannabis concentrate that is not | ||
intended to be smoked. | ||
"Cannabis paraphernalia" means equipment, products, or | ||
materials intended to be used for planting, propagating, | ||
cultivating, growing, harvesting, manufacturing, producing, | ||
processing, preparing, testing, analyzing, packaging, |
repackaging, storing, containing, concealing, ingesting, or | ||
otherwise introducing cannabis into the human body. | ||
"Cannabis plant monitoring system" or "plant monitoring | ||
system" means a system that includes, but is not limited to, | ||
testing and data collection established and maintained by the | ||
cultivation center, craft grower, or processing organization | ||
and that is available to the Department of Revenue, the | ||
Department of Agriculture, the Department of Financial and | ||
Professional Regulation, and the Department of State Police | ||
for the purposes of documenting each cannabis plant and | ||
monitoring plant development throughout the life cycle of a | ||
cannabis plant cultivated for the intended use by a customer | ||
from seed planting to final packaging. | ||
"Cannabis testing facility" means an entity registered by | ||
the Department of Agriculture to test cannabis for potency and | ||
contaminants. | ||
"Clone" means a plant section from a female cannabis plant | ||
not yet rootbound, growing in a water solution or other | ||
propagation matrix, that is capable of developing into a new | ||
plant. | ||
"Community College Cannabis Vocational Training Pilot | ||
Program faculty participant" means a person who is 21 years of | ||
age or older, licensed by the Department of Agriculture, and | ||
is employed or contracted by an Illinois community college to | ||
provide student instruction using cannabis plants at an | ||
Illinois Community College. |
"Community College Cannabis Vocational Training Pilot | ||
Program faculty participant Agent Identification Card" means a | ||
document issued by the Department of Agriculture that | ||
identifies a person as Community College Cannabis Vocational | ||
Training Pilot Program faculty participant. | ||
"Conditional Adult Use Dispensing Organization License" | ||
means a contingent license awarded to top-scoring applicants | ||
for an Adult Use Dispensing Organization License that reserves | ||
the right to an Adult Use Dispensing Organization License if | ||
the applicant meets certain conditions described in this Act, | ||
but does not entitle the recipient to begin purchasing or | ||
selling cannabis or cannabis-infused products. | ||
"Conditional Adult Use Cultivation Center License" means a | ||
license awarded to top-scoring applicants for an Adult Use | ||
Cultivation Center License that reserves the right to an Adult | ||
Use Cultivation Center License if the applicant meets certain | ||
conditions as determined by the Department of Agriculture by | ||
rule, but does not entitle the recipient to begin growing, | ||
processing, or selling cannabis or cannabis-infused products. | ||
"Craft grower" means a facility operated by an | ||
organization or business that is licensed by the Department of | ||
Agriculture to cultivate, dry, cure, and package cannabis and | ||
perform other necessary activities to make cannabis available | ||
for sale at a dispensing organization or use at a processing | ||
organization. A craft grower may contain up to 5,000 square | ||
feet of canopy space on its premises for plants in the |
flowering state. The Department of Agriculture may authorize | ||
an increase or decrease of flowering stage cultivation space | ||
in increments of 3,000 square feet by rule based on market | ||
need, craft grower capacity, and the licensee's history of | ||
compliance or noncompliance, with a maximum space of 14,000 | ||
square feet for cultivating plants in the flowering stage, | ||
which must be cultivated in all stages of growth in an enclosed | ||
and secure area. A craft grower may share premises with a | ||
processing organization or a dispensing organization, or both, | ||
provided each licensee stores currency and cannabis or | ||
cannabis-infused products in a separate secured vault to which | ||
the other licensee does not have access or all licensees | ||
sharing a vault share more than 50% of the same ownership. | ||
"Craft grower agent" means a principal officer, board | ||
member, employee, or other agent of a craft grower who is 21 | ||
years of age or older. | ||
"Craft Grower Agent Identification Card" means a document | ||
issued by the Department of Agriculture that identifies a | ||
person as a craft grower agent. | ||
"Cultivation center" means a facility operated by an | ||
organization or business that is licensed by the Department of | ||
Agriculture to cultivate, process, transport (unless otherwise | ||
limited by this Act), and perform other necessary activities | ||
to provide cannabis and cannabis-infused products to cannabis | ||
business establishments. | ||
"Cultivation center agent" means a principal officer, |
board member, employee, or other agent of a cultivation center | ||
who is 21 years of age or older. | ||
"Cultivation Center Agent Identification Card" means a | ||
document issued by the Department of Agriculture that | ||
identifies a person as a cultivation center agent. | ||
"Currency" means currency and coin of the United States. | ||
"Dispensary" means a facility operated by a dispensing | ||
organization at which activities licensed by this Act may | ||
occur. | ||
"Dispensary Applicant" means the Proposed Dispensing | ||
Organization Name as stated on an application for a | ||
Conditional Adult Use Dispensing Organization License. | ||
"Dispensing organization" means a facility operated by an | ||
organization or business that is licensed by the Department of | ||
Financial and Professional Regulation to acquire cannabis from | ||
a cultivation center, craft grower, processing organization, | ||
or another dispensary for the purpose of selling or dispensing | ||
cannabis, cannabis-infused products, cannabis seeds, | ||
paraphernalia, or related supplies under this Act to | ||
purchasers or to qualified registered medical cannabis | ||
patients and caregivers. As used in this Act, "dispensing | ||
organization" includes a registered medical cannabis | ||
organization as defined in the Compassionate Use of Medical | ||
Cannabis Program Act or its successor Act that has obtained an | ||
Early Approval Adult Use Dispensing Organization License. | ||
"Dispensing organization agent" means a principal officer, |
employee, or agent of a dispensing organization who is 21 | ||
years of age or older. | ||
"Dispensing organization agent identification card" means | ||
a document issued by the Department of Financial and | ||
Professional Regulation that identifies a person as a | ||
dispensing organization agent. | ||
"Disproportionately Impacted Area" means a census tract or | ||
comparable geographic area that satisfies the following | ||
criteria as determined by the Department of Commerce and | ||
Economic Opportunity, that: | ||
(1) meets at least one of the following criteria: | ||
(A) the area has a poverty rate of at least 20% | ||
according to the latest federal decennial census; or | ||
(B) 75% or more of the children in the area | ||
participate in the federal free lunch program | ||
according to reported statistics from the State Board | ||
of Education; or | ||
(C) at least 20% of the households in the area | ||
receive assistance under the Supplemental Nutrition | ||
Assistance Program; or | ||
(D) the area has an average unemployment rate, as | ||
determined by the Illinois Department of Employment | ||
Security, that is more than 120% of the national | ||
unemployment average, as determined by the United | ||
States Department of Labor, for a period of at least 2 | ||
consecutive calendar years preceding the date of the |
application; and | ||
(2) has high rates of arrest, conviction, and | ||
incarceration related to the sale, possession, use, | ||
cultivation, manufacture, or transport of cannabis. | ||
"Early Approval Adult Use Cultivation Center License" | ||
means a license that permits a medical cannabis cultivation | ||
center licensed under the Compassionate Use of Medical | ||
Cannabis Program Act as of the effective date of this Act to | ||
begin cultivating, infusing, packaging, transporting (unless | ||
otherwise provided in this Act), processing and selling | ||
cannabis or cannabis-infused product to cannabis business | ||
establishments for resale to purchasers as permitted by this | ||
Act as of January 1, 2020. | ||
"Early Approval Adult Use Dispensing Organization License" | ||
means a license that permits a medical cannabis dispensing | ||
organization licensed under the Compassionate Use of Medical | ||
Cannabis Program Act as of the effective date of this Act to | ||
begin selling cannabis or cannabis-infused product to | ||
purchasers as permitted by this Act as of January 1, 2020. | ||
"Early Approval Adult Use Dispensing Organization at a | ||
secondary site" means a license that permits a medical | ||
cannabis dispensing organization licensed under the | ||
Compassionate Use of Medical Cannabis Program Act as of the | ||
effective date of this Act to begin selling cannabis or | ||
cannabis-infused product to purchasers as permitted by this | ||
Act on January 1, 2020 at a different dispensary location from |
its existing registered medical dispensary location. | ||
"Eligible Tied Applicant" means a Tied Applicant that is | ||
eligible to participate in the process by which a remaining | ||
available license is distributed by lot pursuant to a Tied | ||
Applicant Lottery. | ||
"Enclosed, locked facility" means a room, greenhouse, | ||
building, or other enclosed area equipped with locks or other | ||
security devices that permit access only by cannabis business | ||
establishment agents working for the licensed cannabis | ||
business establishment or acting pursuant to this Act to | ||
cultivate, process, store, or distribute cannabis. | ||
"Enclosed, locked space" means a closet, room, greenhouse, | ||
building or other enclosed area equipped with locks or other | ||
security devices that permit access only by authorized | ||
individuals under this Act. "Enclosed, locked space" may | ||
include: | ||
(1) a space within a residential building that (i) is | ||
the primary residence of the individual cultivating 5 or | ||
fewer cannabis plants that are more than 5 inches tall and | ||
(ii) includes sleeping quarters and indoor plumbing. The | ||
space must only be accessible by a key or code that is | ||
different from any key or code that can be used to access | ||
the residential building from the exterior; or | ||
(2) a structure, such as a shed or greenhouse, that | ||
lies on the same plot of land as a residential building | ||
that (i) includes sleeping quarters and indoor plumbing |
and (ii) is used as a primary residence by the person | ||
cultivating 5 or fewer cannabis plants that are more than | ||
5 inches tall, such as a shed or greenhouse. The structure | ||
must remain locked when it is unoccupied by people. | ||
"Financial institution" has the same meaning as "financial | ||
organization" as defined in Section 1501 of the Illinois | ||
Income Tax Act, and also includes the holding companies, | ||
subsidiaries, and affiliates of such financial organizations. | ||
"Flowering stage" means the stage of cultivation where and | ||
when a cannabis plant is cultivated to produce plant material | ||
for cannabis products. This includes mature plants as follows: | ||
(1) if greater than 2 stigmas are visible at each | ||
internode of the plant; or | ||
(2) if the cannabis plant is in an area that has been | ||
intentionally deprived of light for a period of time | ||
intended to produce flower buds and induce maturation, | ||
from the moment the light deprivation began through the | ||
remainder of the marijuana plant growth cycle. | ||
"Individual" means a natural person. | ||
"Infuser organization" or "infuser" means a facility | ||
operated by an organization or business that is licensed by | ||
the Department of Agriculture to directly incorporate cannabis | ||
or cannabis concentrate into a product formulation to produce | ||
a cannabis-infused product. | ||
"Kief" means the resinous crystal-like trichomes that are | ||
found on cannabis and that are accumulated, resulting in a |
higher concentration of cannabinoids, untreated by heat or | ||
pressure, or extracted using a solvent. | ||
"Labor peace agreement" means an agreement between a | ||
cannabis business establishment and any labor organization | ||
recognized under the National Labor Relations Act, referred to | ||
in this Act as a bona fide labor organization, that prohibits | ||
labor organizations and members from engaging in picketing, | ||
work stoppages, boycotts, and any other economic interference | ||
with the cannabis business establishment. This agreement means | ||
that the cannabis business establishment has agreed not to | ||
disrupt efforts by the bona fide labor organization to | ||
communicate with, and attempt to organize and represent, the | ||
cannabis business establishment's employees. The agreement | ||
shall provide a bona fide labor organization access at | ||
reasonable times to areas in which the cannabis business | ||
establishment's employees work, for the purpose of meeting | ||
with employees to discuss their right to representation, | ||
employment rights under State law, and terms and conditions of | ||
employment. This type of agreement shall not mandate a | ||
particular method of election or certification of the bona | ||
fide labor organization. | ||
"Limited access area" means a room or other area under the | ||
control of a cannabis dispensing organization licensed under | ||
this Act and upon the licensed premises where cannabis sales | ||
occur with access limited to purchasers, dispensing | ||
organization owners and other dispensing organization agents, |
or service professionals conducting business with the | ||
dispensing organization, or, if sales to registered qualifying | ||
patients, caregivers, provisional patients, and Opioid | ||
Alternative Pilot Program participants licensed pursuant to | ||
the Compassionate Use of Medical Cannabis Program Act are also | ||
permitted at the dispensary, registered qualifying patients, | ||
caregivers, provisional patients, and Opioid Alternative Pilot | ||
Program participants. | ||
"Member of an impacted family" means an individual who has | ||
a parent, legal guardian, child, spouse, or dependent, or was | ||
a dependent of an individual who, prior to the effective date | ||
of this Act, was arrested for, convicted of, or adjudicated | ||
delinquent for any offense that is eligible for expungement | ||
under this Act. | ||
"Mother plant" means a cannabis plant that is cultivated | ||
or maintained for the purpose of generating clones, and that | ||
will not be used to produce plant material for sale to an | ||
infuser or dispensing organization. | ||
"Ordinary public view" means within the sight line with | ||
normal visual range of a person, unassisted by visual aids, | ||
from a public street or sidewalk adjacent to real property, or | ||
from within an adjacent property. | ||
"Ownership and control" means ownership of at least 51% of | ||
the business, including corporate stock if a corporation, and | ||
control over the management and day-to-day operations of the | ||
business and an interest in the capital, assets, and profits |
and losses of the business proportionate to percentage of | ||
ownership. | ||
"Person" means a natural individual, firm, partnership, | ||
association, joint stock company, joint venture, public or | ||
private corporation, limited liability company, or a receiver, | ||
executor, trustee, guardian, or other representative appointed | ||
by order of any court. | ||
"Possession limit" means the amount of cannabis under | ||
Section 10-10 that may be possessed at any one time by a person | ||
21 years of age or older or who is a registered qualifying | ||
medical cannabis patient or caregiver under the Compassionate | ||
Use of Medical Cannabis Program Act. | ||
"Principal officer" includes a cannabis business | ||
establishment applicant or licensed cannabis business | ||
establishment's board member, owner with more than 1% interest | ||
of the total cannabis business establishment or more than 5% | ||
interest of the total cannabis business establishment of a | ||
publicly traded company, president, vice president, secretary, | ||
treasurer, partner, officer, member, manager member, or person | ||
with a profit sharing, financial interest, or revenue sharing | ||
arrangement. The definition includes a person with authority | ||
to control the cannabis business establishment, a person who | ||
assumes responsibility for the debts of the cannabis business | ||
establishment and who is further defined in this Act. | ||
"Primary residence" means a dwelling where a person | ||
usually stays or stays more often than other locations. It may |
be determined by, without limitation, presence, tax filings; | ||
address on an Illinois driver's license, an Illinois | ||
Identification Card, or an Illinois Person with a Disability | ||
Identification Card; or voter registration. No person may have | ||
more than one primary residence. | ||
"Processing organization" or "processor" means a facility | ||
operated by an organization or business that is licensed by | ||
the Department of Agriculture to either extract constituent | ||
chemicals or compounds to produce cannabis concentrate or | ||
incorporate cannabis or cannabis concentrate into a product | ||
formulation to produce a cannabis product. | ||
"Processing organization agent" means a principal officer, | ||
board member, employee, or agent of a processing organization. | ||
"Processing organization agent identification card" means | ||
a document issued by the Department of Agriculture that | ||
identifies a person as a processing organization agent. | ||
"Purchaser" means a person 21 years of age or older who | ||
acquires cannabis for a valuable consideration. "Purchaser" | ||
does not include a cardholder under the Compassionate Use of | ||
Medical Cannabis Program Act. | ||
"Qualifying Applicant" means an applicant that submitted | ||
an application pursuant to Section 15-30 that received at | ||
least 85% of 250 application points available under Section | ||
15-30 as the applicant's final score and meets the definition | ||
of "Social Equity Applicant" as set forth under this Section. | ||
"Qualifying Social Equity Justice Involved Applicant" |
means an applicant that submitted an application pursuant to | ||
Section 15-30 that received at least 85% of 250 application | ||
points available under Section 15-30 as the applicant's final | ||
score and meets the criteria of either paragraph (1) or (2) of | ||
the definition of "Social Equity Applicant" as set forth under | ||
this Section. | ||
"Qualified Social Equity Applicant" means a Social Equity | ||
Applicant who has been awarded a conditional license under | ||
this Act to operate a cannabis business establishment. | ||
"Resided" means an individual's primary residence was | ||
located within the relevant geographic area as established by | ||
2 of the following: | ||
(1) a signed lease agreement that includes the | ||
applicant's name; | ||
(2) a property deed that includes the applicant's | ||
name; | ||
(3) school records; | ||
(4) a voter registration card; | ||
(5) an Illinois driver's license, an Illinois | ||
Identification Card, or an Illinois Person with a | ||
Disability Identification Card; | ||
(6) a paycheck stub; | ||
(7) a utility bill; | ||
(8) tax records; or | ||
(9) any other proof of residency or other information | ||
necessary to establish residence as provided by rule. |
"Smoking" means the inhalation of smoke caused by the | ||
combustion of cannabis. | ||
"Social Equity Applicant" means an applicant that is an | ||
Illinois resident that meets one of the following criteria: | ||
(1) an applicant with at least 51% ownership and | ||
control by one or more individuals who have resided for at | ||
least 5 of the preceding 10 years in a Disproportionately | ||
Impacted Area; | ||
(2) an applicant with at least 51% ownership and | ||
control by one or more individuals who:
| ||
(i) have been arrested for, convicted of, or | ||
adjudicated delinquent for any offense that is | ||
eligible for expungement under this Act; or
| ||
(ii) is a member of an impacted family; | ||
(3) for applicants with a minimum of 10 full-time | ||
employees, an applicant with at least 51% of current | ||
employees who: | ||
(i) currently reside in a Disproportionately | ||
Impacted Area; or | ||
(ii) have been arrested for, convicted of, or | ||
adjudicated delinquent for any offense that is | ||
eligible for expungement under this Act or member of | ||
an impacted family. | ||
Nothing in this Act shall be construed to preempt or limit | ||
the duties of any employer under the Job Opportunities for | ||
Qualified Applicants Act. Nothing in this Act shall permit an |
employer to require an employee to disclose sealed or expunged | ||
offenses, unless otherwise required by law. | ||
"Tied Applicant" means an application submitted by a | ||
Dispensary Applicant pursuant to Section 15-30 that received | ||
the same number of application points under Section 15-30 as | ||
the Dispensary Applicant's final score as one or more | ||
top-scoring applications in the same BLS Region and would have | ||
been awarded a license but for the one or more other | ||
top-scoring applications that received the same number of | ||
application points. Each application for which a Dispensary | ||
Applicant was required to pay a required application fee for | ||
the application period ending January 2, 2020 shall be | ||
considered an application of a separate Tied Applicant. | ||
"Tied Applicant Lottery" means the process established | ||
under 68 Ill. Adm. Code 1291.50 for awarding Conditional Adult | ||
Use Dispensing Organization Licenses pursuant to Sections | ||
15-25 and 15-30 among Eligible Tied Applicants. | ||
"Tincture" means a cannabis-infused solution, typically | ||
comprised of alcohol, glycerin, or vegetable oils, derived | ||
either directly from the cannabis plant or from a processed | ||
cannabis extract. A tincture is not an alcoholic liquor as | ||
defined in the Liquor Control Act of 1934. A tincture shall | ||
include a calibrated dropper or other similar device capable | ||
of accurately measuring servings. | ||
"Transporting organization" or "transporter" means an | ||
organization or business that is licensed by the Department of |
Agriculture to transport cannabis or cannabis-infused product | ||
on behalf of a cannabis business establishment or a community | ||
college licensed under the Community
College Cannabis | ||
Vocational Training Pilot Program.
| ||
"Transporting organization agent" means a principal | ||
officer, board member, employee, or agent of a transporting | ||
organization. | ||
"Transporting organization agent identification card" | ||
means a document issued by the Department of Agriculture that | ||
identifies a person as a transporting organization agent. | ||
"Unit of local government" means any county, city, | ||
village, or incorporated town. | ||
"Vegetative stage" means the stage of cultivation in which | ||
a cannabis plant is propagated to produce additional cannabis | ||
plants or reach a sufficient size for production. This | ||
includes seedlings, clones, mothers, and other immature | ||
cannabis plants as follows: | ||
(1) if the cannabis plant is in an area that has not | ||
been intentionally deprived of light for a period of time | ||
intended to produce flower buds and induce maturation, it | ||
has no more than 2 stigmas visible at each internode of the | ||
cannabis plant; or | ||
(2) any cannabis plant that is cultivated solely for | ||
the purpose of propagating clones and is never used to | ||
produce cannabis.
| ||
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) |
(410 ILCS 705/5-45)
| ||
Sec. 5-45. Illinois Cannabis Regulation Oversight Officer. | ||
(a) The position of Illinois Cannabis Regulation Oversight | ||
Officer is created within the Department of Financial and | ||
Professional Regulation under the Secretary of Financial and | ||
Professional Regulation. The Cannabis Regulation Oversight | ||
Officer serves a coordinating role among State agencies | ||
regarding this Act and the Compassionate Use of Medical | ||
Cannabis Program Act. The Illinois Cannabis Regulation | ||
Oversight Officer shall be appointed by the Governor with the | ||
advice and consent of the Senate. The term of office of the | ||
Officer shall expire on the third Monday of January in | ||
odd-numbered years provided that he or she shall hold office | ||
until a successor is appointed and qualified. In case of | ||
vacancy in office during the recess of the Senate, the | ||
Governor shall make a temporary appointment until the next | ||
meeting of the Senate, when the Governor shall nominate some | ||
person to fill the office, and any person so nominated who is | ||
confirmed by the Senate shall hold office during the remainder | ||
of the term and until his or her successor is appointed and | ||
qualified. | ||
(b) The Illinois Cannabis Regulation Oversight Officer has | ||
the authority to may : | ||
(1) maintain a staff; | ||
(2) make recommendations for administrative and |
statutory policy, statute, and rule changes; | ||
(3) collect data both in Illinois and outside Illinois | ||
regarding the regulation of cannabis; | ||
(4) compile or assist in the compilation of any | ||
reports required by this Act; | ||
(5) ensure the coordination of efforts between various | ||
State agencies involved in regulating and taxing the sale | ||
of cannabis in Illinois; and | ||
(6) encourage, promote, suggest, and report best | ||
practices for ensuring diversity in the cannabis industry | ||
in Illinois. | ||
(c) The Illinois Cannabis Regulation Oversight Officer and | ||
the Officer's staff shall not: | ||
(1) participate in the issuance or award of any | ||
cannabis business establishment license licensing or the | ||
making of awards ; or | ||
(2) participate in discipline related to any cannabis | ||
business establishment any adjudicative decision-making | ||
process involving licensing or licensee discipline . | ||
The Illinois Cannabis Regulation Officer is not prohibited | ||
from coordinating with and making recommendations to agencies | ||
regarding licensing and disciplinary policies and procedures. | ||
(d) Any funding required for the Illinois Cannabis | ||
Regulation Oversight Officer, its staff, or its activities | ||
shall be drawn from the Cannabis Regulation Fund. | ||
(e) The Illinois Cannabis Regulation Oversight Officer |
shall commission and publish one or more disparity and | ||
availability studies that a disparity and availability study | ||
by March 1, 2021 that : (1) evaluates whether there exists | ||
discrimination in the State's cannabis industry; and (2) if | ||
so, evaluates the impact of such discrimination on the State | ||
and includes recommendations to the Department of Financial | ||
and Professional Regulation and the Department of Agriculture | ||
for reducing or eliminating any identified barriers to entry | ||
in the cannabis market. Such disparity and availability | ||
studies shall examine each license type issued pursuant to | ||
Sections 15-25, 15-30.1, or 15-35.20, subsection (a) of | ||
Section 30-5, or subsection (a) of Section 35-5, and shall be | ||
initiated within 180 days from the issuance of the first of | ||
each license authorized by those Sections. The results of each | ||
disparity and availability study shall be reported to the | ||
General Assembly and the Governor no later than 12 months | ||
after the commission of each study. | ||
The Illinois Cannabis Regulation Oversight Officer shall | ||
forward a copy of its findings and recommendations to the | ||
Department of Financial and Professional Regulation, the | ||
Department of Agriculture, the Department of Commerce and | ||
Economic Opportunity, the General Assembly, and the Governor. | ||
(f) The Illinois Cannabis Regulation Oversight Officer may | ||
compile, collect, or otherwise gather data necessary for the | ||
administration of this Act and to carry out the Officer's duty | ||
relating to the recommendation of policy changes. The Illinois |
Cannabis Regulation Oversight Officer may direct the | ||
Department of Agriculture, Department of Financial and | ||
Professional Regulation, Department of Public Health, | ||
Department of Human Services, and Department of Commerce and | ||
Economic Opportunity to assist in the compilation, collection, | ||
and data gathering authorized pursuant to this subsection. The | ||
Illinois Cannabis Regulation Oversight Officer shall compile | ||
all of the data into a single report and submit the report to | ||
the Governor and the General Assembly and publish the report | ||
on its website.
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(Source: P.A. 101-27, eff. 6-25-19.) | ||
(410 ILCS 705/7-30)
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Sec. 7-30. Reporting. By January 1, 2021, and on January 1 | ||
of every year thereafter, or upon request by the Illinois | ||
Cannabis Regulation Oversight Officer, each cannabis business | ||
establishment licensed under this Act and the Compassionate | ||
Use of Medical Cannabis Program Act shall report to the | ||
Illinois Cannabis Regulation Oversight Officer, on a form to | ||
be provided by the Illinois Cannabis Regulation Oversight | ||
Officer, information that will allow it to assess the extent | ||
of diversity in the medical and adult use cannabis industry | ||
and methods for reducing or eliminating any identified | ||
barriers to entry, including access to capital. Failure of a | ||
cannabis business establishment to respond to the request of | ||
the Cannabis Regulation Oversight Officer to complete the |
form, report, and any other request for information may be | ||
grounds for disciplinary action by the Department of Financial | ||
and Professional Regulation or the Department of Agriculture. | ||
The information to be collected shall be designed to identify | ||
the following: | ||
(1) the number and percentage of licenses provided to | ||
Social Equity Applicants and to businesses owned by | ||
minorities, women, veterans, and people with disabilities; | ||
(2) the total number and percentage of employees in | ||
the cannabis industry who meet the criteria in (3)(i) or | ||
(3)(ii) in the definition of Social Equity Applicant or | ||
who are minorities, women, veterans, or people with | ||
disabilities; | ||
(3) the total number and percentage of contractors and | ||
subcontractors in the cannabis industry that meet the | ||
definition of a Social Equity Applicant or who are owned | ||
by minorities, women, veterans, or people with | ||
disabilities, if known to the cannabis business | ||
establishment; and | ||
(4) recommendations on reducing or eliminating any | ||
identified barriers to entry, including access to capital, | ||
in the cannabis industry.
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(Source: P.A. 101-27, eff. 6-25-19.) | ||
(410 ILCS 705/10-35)
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Sec. 10-35. Limitations and penalties. |
(a) This Act does not permit any person to engage in, and | ||
does not prevent the imposition of any civil, criminal, or | ||
other penalties for engaging in, any of the following conduct: | ||
(1) undertaking any task under the influence of | ||
cannabis when doing so would constitute negligence, | ||
professional malpractice, or professional misconduct; | ||
(2) possessing cannabis: | ||
(A) in a school bus, unless permitted for a | ||
qualifying patient or caregiver pursuant to the | ||
Compassionate Use of Medical Cannabis Program Act; | ||
(B) on the grounds of any preschool or primary or | ||
secondary school, unless permitted for a qualifying | ||
patient or caregiver pursuant to the Compassionate Use | ||
of Medical Cannabis Program Act; | ||
(C) in any correctional facility; | ||
(D) in a vehicle not open to the public unless the | ||
cannabis is in a reasonably secured, sealed or | ||
resealable container and reasonably inaccessible while | ||
the vehicle is moving; or | ||
(E) in a private residence that is used at any time | ||
to provide licensed child care or other similar social | ||
service care on the premises; | ||
(3) using cannabis: | ||
(A) in a school bus, unless permitted for a | ||
qualifying patient or caregiver pursuant to the | ||
Compassionate Use of Medical Cannabis Program Act; |
(B) on the grounds of any preschool or primary or | ||
secondary school, unless permitted for a qualifying | ||
patient or caregiver pursuant to the Compassionate Use | ||
of Medical Cannabis Program Act; | ||
(C) in any correctional facility; | ||
(D) in any motor vehicle; | ||
(E) in a private residence that is used at any time | ||
to provide licensed child care or other similar social | ||
service care on the premises; | ||
(F) in any public place; or | ||
(G) knowingly in close physical proximity to | ||
anyone under 21 years of age who is not a registered | ||
medical cannabis patient under the Compassionate Use | ||
of Medical Cannabis Program Act; | ||
(4) smoking cannabis in any place where smoking is | ||
prohibited under the Smoke Free Illinois Act; | ||
(5) operating, navigating, or being in actual physical | ||
control of any motor vehicle, aircraft, watercraft, or | ||
snowmobile while using or under the influence of cannabis | ||
in violation of Section 11-501 or 11-502.1 of the Illinois | ||
Vehicle Code, Section 5-16 of the Boat Registration and | ||
Safety Act, or Section 5-7 of the Snowmobile Registration | ||
and Safety Act; | ||
(6) facilitating the use of cannabis by any person who | ||
is not allowed to use cannabis under this Act or the | ||
Compassionate Use of Medical Cannabis Program Act; |
(7) transferring cannabis to any person contrary to | ||
this Act or the Compassionate Use of Medical Cannabis | ||
Program Act; | ||
(8) the use of cannabis by a law enforcement officer, | ||
corrections officer, probation officer, or firefighter | ||
while on duty; nothing in this Act prevents a public | ||
employer of law enforcement officers, corrections | ||
officers, probation officers, paramedics, or firefighters | ||
from prohibiting or taking disciplinary action for the | ||
consumption, possession, sales, purchase, or delivery of | ||
cannabis or cannabis-infused substances while on or off | ||
duty, unless provided for in the employer's policies. | ||
However, an employer may not take adverse employment | ||
action against an employee based solely on the lawful | ||
possession or consumption of cannabis or cannabis-infused | ||
substances by members of the employee's household. To the | ||
extent that this Section conflicts with any applicable | ||
collective bargaining agreement, the provisions of the | ||
collective bargaining agreement shall prevail. Further, | ||
nothing in this Act shall be construed to limit in any way | ||
the right to collectively bargain over the subject matters | ||
contained in this Act; or | ||
(9) the use of cannabis by a person who has a school | ||
bus permit or a Commercial Driver's License while on duty. | ||
As used in this Section, "public place" means any place | ||
where a person could reasonably be expected to be observed by |
others. "Public place" includes all parts of buildings owned | ||
in whole or in part, or leased, by the State or a unit of local | ||
government. "Public place" includes all areas in a park, | ||
recreation area, wildlife area, or playground owned in whole | ||
or in part, leased, or managed by the State or a unit of local | ||
government. "Public place" does not include a private | ||
residence unless the private residence is used to provide | ||
licensed child care, foster care, or other similar social | ||
service care on the premises. | ||
(b) Nothing in this Act shall be construed to prevent the | ||
arrest or prosecution of a person for reckless driving or | ||
driving under the influence of cannabis, operating a | ||
watercraft under the influence of cannabis, or operating a | ||
snowmobile under the influence of cannabis if probable cause | ||
exists. | ||
(c) Nothing in this Act shall prevent a private business | ||
from restricting or prohibiting the use of cannabis on its | ||
property, including areas where motor vehicles are parked. | ||
(d) Nothing in this Act shall require an individual or | ||
business entity to violate the provisions of federal law, | ||
including colleges or universities that must abide by the | ||
Drug-Free Schools and Communities Act Amendments of 1989, that | ||
require campuses to be drug free.
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(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) | ||
(410 ILCS 705/10-40)
|
Sec. 10-40. Restore, Reinvest, and Renew Program. | ||
(a) The General Assembly finds that in order to address | ||
the disparities described below, aggressive approaches and | ||
targeted resources to support local design and control of | ||
community-based responses to these outcomes are required. To | ||
carry out this intent, the Restore, Reinvest, and Renew (R3) | ||
Program is created for the following purposes: | ||
(1) to directly address the impact of economic | ||
disinvestment, violence, and the historical overuse of | ||
criminal justice responses to community and individual | ||
needs by providing resources to support local design and | ||
control of community-based responses to these impacts; | ||
(2) to substantially reduce both the total amount of | ||
gun violence and concentrated poverty in this State; | ||
(3) to protect communities from gun violence through | ||
targeted investments and intervention programs, including | ||
economic growth and improving family violence prevention, | ||
community trauma treatment rates, gun injury victim | ||
services, and public health prevention activities; | ||
(4) to promote employment infrastructure and capacity | ||
building related to the social determinants of health in | ||
the eligible community areas. | ||
(b) In this Section, "Authority" means the Illinois | ||
Criminal Justice Information Authority in coordination with | ||
the Justice, Equity, and Opportunity Initiative of the | ||
Lieutenant Governor's Office. |
(c) Eligibility of R3 Areas. Within 180 days after the
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effective date of this Act, the Authority shall identify as
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eligible, areas in this State by way of historically | ||
recognized
geographic boundaries, to be designated by the | ||
Restore, Reinvest, and Renew Program Board as R3 Areas and | ||
therefore eligible
to apply for R3 funding. Local groups | ||
within R3 Areas will be
eligible to apply for State funding | ||
through the Restore, Reinvest, and Renew Program Board. | ||
Qualifications for designation as an R3 Area are as follows: | ||
(1) Based on an analysis of data, communities in this | ||
State that are high need, underserved, disproportionately | ||
impacted by historical economic disinvestment, and ravaged | ||
by violence as indicated by the highest rates of gun | ||
injury, unemployment, child poverty rates, and commitments | ||
to and returns from the Illinois Department of | ||
Corrections. | ||
(2) The Authority shall send to the Legislative Audit | ||
Commission and make publicly available its analysis and | ||
identification of eligible R3 Areas and shall recalculate | ||
the eligibility data every 4 years. On an annual basis, | ||
the Authority shall analyze data and indicate if data | ||
covering any R3 Area or portion of an Area has, for 4 | ||
consecutive years, substantially deviated from the average | ||
of statewide data on which the original calculation was | ||
made to determine the Areas, including disinvestment, | ||
violence, gun injury, unemployment, child poverty rates, |
or commitments to or returns from the Illinois Department | ||
of Corrections. | ||
(d) The Restore, Reinvest, and Renew Program Board shall | ||
encourage collaborative partnerships within each R3 Area to | ||
minimize multiple partnerships per Area. | ||
(e) The Restore, Reinvest, and Renew Program Board is | ||
created and shall reflect the diversity of the State of | ||
Illinois, including geographic, racial, and ethnic diversity. | ||
Using the data provided by the Authority, the Restore, | ||
Reinvest, and Renew Program Board shall be responsible for | ||
designating the R3 Area boundaries and for the selection and | ||
oversight of R3 Area grantees. The Restore, Reinvest, and | ||
Renew Program Board ex officio members shall, within 4 months | ||
after the effective date of this Act, convene the Board to | ||
appoint a full Restore, Reinvest, and Renew Program Board and | ||
oversee, provide guidance to, and develop an administrative | ||
structure for the R3 Program. | ||
(1) The ex officio members are: | ||
(A) The Lieutenant Governor, or his or her | ||
designee, who shall serve as chair. | ||
(B) The Attorney General, or his or her | ||
designee. | ||
(C) The Director of Commerce and Economic | ||
Opportunity, or his or her designee. | ||
(D) The Director of Public Health, or his or | ||
her designee. |
(E) The Director of Corrections, or his or her | ||
designee. | ||
(F) The Director of Juvenile Justice, or his | ||
or her designee. | ||
(G) The Director of Children and Family | ||
Services, or his or her designee. | ||
(H) The Executive Director of the Illinois | ||
Criminal Justice Information Authority, or his or | ||
her designee. | ||
(I) The Director of Employment Security, or | ||
his or her designee. | ||
(J) The Secretary of Human Services, or his or | ||
her designee. | ||
(K) A member of the Senate, designated by the | ||
President of the Senate. | ||
(L) A member of the House of Representatives, | ||
designated by the Speaker of the House of | ||
Representatives. | ||
(M) A member of the Senate, designated by the | ||
Minority Leader of the Senate. | ||
(N) A member of the House of Representatives, | ||
designated by the Minority Leader of the House of | ||
Representatives. | ||
(2) Within 90 days after the R3 Areas have been | ||
designated by the Restore, Reinvest, and Renew Program | ||
Board, the following members shall be appointed to the |
Board by the R3 board chair: | ||
(A) Eight public officials of municipal geographic | ||
jurisdictions in the State that include an R3 Area, or | ||
their designees; | ||
(B) Four community-based providers or community | ||
development organization representatives who provide | ||
services to treat violence and address the social | ||
determinants of health, or promote community | ||
investment, including, but not limited to, services | ||
such as job placement and training, educational | ||
services, workforce development programming, and | ||
wealth building. The community-based organization | ||
representatives shall work primarily in jurisdictions | ||
that include an R3 Area and no more than 2 | ||
representatives shall work primarily in Cook County. | ||
At least one of the community-based providers shall | ||
have expertise in providing services to an immigrant | ||
population; | ||
(C) Two experts in the field of violence | ||
reduction; | ||
(D) One male who has previously been incarcerated | ||
and is over the age of 24 at the time of appointment; | ||
(E) One female who has previously been | ||
incarcerated and is over the age of 24 at the time of | ||
appointment; | ||
(F) Two individuals who have previously been |
incarcerated and are between the ages of 17 and 24 at | ||
the time of appointment ; and . | ||
(G) Eight individuals who live or work in an R3 | ||
Area. | ||
As used in this paragraph (2), "an individual who has | ||
been previously incarcerated" means a person who has been | ||
convicted of or pled guilty to one or more felonies, who | ||
was sentenced to a term of imprisonment, and who has | ||
completed his or her sentence. Board members shall serve | ||
without compensation and may be reimbursed for reasonable | ||
expenses incurred in the performance of their duties from | ||
funds appropriated for that purpose. Once all its members | ||
have been appointed as outlined in items (A) through (F) | ||
of this paragraph (2), the Board may exercise any power, | ||
perform any function, take any action, or do anything in | ||
furtherance of its purposes and goals upon the appointment | ||
of a quorum of its members. The Board terms of the non-ex | ||
officio and General Assembly Board members shall end 4 | ||
years from the date of appointment. The R3 board chair may | ||
remove an individual appointed to the Board who does not | ||
regularly attend Board meetings, based on criteria | ||
approved by the Board. | ||
(f) Within 12 months after the effective date of this Act, | ||
the Board shall: | ||
(1) develop a process to solicit applications from | ||
eligible R3 Areas; |
(2) develop a standard template for both planning and | ||
implementation activities to be submitted by R3 Areas to | ||
the State; | ||
(3) identify resources sufficient to support the full | ||
administration and evaluation of the R3 Program, including | ||
building and sustaining core program capacity at the | ||
community and State levels; | ||
(4) review R3 Area grant applications and proposed | ||
agreements and approve the distribution of resources; | ||
(5) develop a performance measurement system that | ||
focuses on positive outcomes; | ||
(6) develop a process to support ongoing monitoring | ||
and evaluation of R3 programs; and | ||
(7) deliver an annual report to the General Assembly | ||
and to the Governor to be posted on the Governor's Office | ||
and General Assembly websites and provide to the public an | ||
annual report on its progress. | ||
(g) R3 Area grants. | ||
(1) Grant funds shall be awarded by the Illinois | ||
Criminal Justice Information Authority, in coordination | ||
with the R3 board, based on the likelihood that the plan | ||
will achieve the outcomes outlined in subsection (a) and | ||
consistent with the requirements of the Grant | ||
Accountability and Transparency Act. The R3 Program shall | ||
also facilitate the provision of training and technical | ||
assistance for capacity building within and among R3 |
Areas. | ||
(2) R3 Program Board grants shall be used to address | ||
economic development, violence prevention services, | ||
re-entry services, youth development, and civil legal aid. | ||
(3) The Restore, Reinvest, and Renew Program Board and | ||
the R3 Area grantees shall, within a period of no more than | ||
120 days from the completion of planning activities | ||
described in this Section, finalize an agreement on the | ||
plan for implementation. Implementation activities may: | ||
(A) have a basis in evidence or best practice | ||
research or have evaluations demonstrating the | ||
capacity to address the purpose of the program in | ||
subsection (a); | ||
(B) collect data from the inception of planning | ||
activities through implementation, with data | ||
collection technical assistance when needed, including | ||
cost data and data related to identified meaningful | ||
short-term, mid-term, and long-term goals and metrics; | ||
(C) report data to the Restore, Reinvest, and | ||
Renew Program Board biannually; and | ||
(D) report information as requested by the R3 | ||
Program Board.
| ||
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) | ||
(410 ILCS 705/15-15)
| ||
Sec. 15-15. Early Approval Adult Use Dispensing |
Organization License. | ||
(a) Any medical cannabis dispensing organization holding a | ||
valid registration under the Compassionate Use of Medical | ||
Cannabis Program Act as of the effective date of this Act may, | ||
within 60 days of the effective date of this Act, apply to the | ||
Department for an Early Approval Adult Use Dispensing | ||
Organization License to serve purchasers at any medical | ||
cannabis dispensing location in operation on the effective | ||
date of this Act, pursuant to this Section. | ||
(b) A medical cannabis dispensing organization seeking | ||
issuance of an Early Approval Adult Use Dispensing | ||
Organization License to serve purchasers at any medical | ||
cannabis dispensing location in operation as of the effective | ||
date of this Act shall submit an application on forms provided | ||
by the Department. The application must be submitted by the | ||
same person or entity that holds the medical cannabis | ||
dispensing organization registration and include the | ||
following: | ||
(1) Payment of a nonrefundable fee of $30,000 to be | ||
deposited into the Cannabis Regulation Fund; | ||
(2) Proof of registration as a medical cannabis | ||
dispensing organization that is in good standing; | ||
(3) Certification that the applicant will comply with | ||
the requirements contained in the Compassionate Use of | ||
Medical Cannabis Program Act except as provided in this | ||
Act; |
(4) The legal name of the dispensing organization; | ||
(5) The physical address of the dispensing | ||
organization; | ||
(6) The name, address, social security number, and | ||
date of birth of each principal officer and board member | ||
of the dispensing organization, each of whom must be at | ||
least 21 years of age; | ||
(7) A nonrefundable Cannabis Business Development Fee | ||
equal to 3% of the dispensing organization's total sales | ||
between June 1, 2018 to June 1, 2019, or $100,000, | ||
whichever is less, to be deposited into the Cannabis | ||
Business Development Fund; and | ||
(8) Identification of one of the following Social | ||
Equity Inclusion Plans to be completed by March 31, 2021: | ||
(A) Make a contribution of 3% of total sales from | ||
June 1, 2018 to June 1, 2019, or $100,000, whichever is | ||
less, to the Cannabis Business Development Fund. This | ||
is in addition to the fee required by item (7) of this | ||
subsection (b); | ||
(B) Make a grant of 3% of total sales from June 1, | ||
2018 to June 1, 2019, or $100,000, whichever is less, | ||
to a cannabis industry training or education program | ||
at an Illinois community college as defined in the | ||
Public Community College Act; | ||
(C) Make a donation of $100,000 or more to a | ||
program that provides job training services to persons |
recently incarcerated or that operates in a | ||
Disproportionately Impacted Area; | ||
(D) Participate as a host in a cannabis business | ||
establishment incubator program approved by the | ||
Department of Commerce and Economic Opportunity, and | ||
in which an Early Approval Adult Use Dispensing | ||
Organization License holder agrees to provide a loan | ||
of at least $100,000 and mentorship to incubate, for | ||
at least a year, a Social Equity Applicant intending | ||
to seek a license or a licensee that qualifies as a | ||
Social Equity Applicant. As used in this Section, | ||
"incubate" means providing direct financial assistance | ||
and training necessary to engage in licensed cannabis | ||
industry activity similar to that of the host | ||
licensee. The Early Approval Adult Use Dispensing | ||
Organization License holder or the same entity holding | ||
any other licenses issued pursuant to this Act shall | ||
not take an ownership stake of greater than 10% in any | ||
business receiving incubation services to comply with | ||
this subsection. If an Early Approval Adult Use | ||
Dispensing Organization License holder fails to find a | ||
business to incubate to comply with this subsection | ||
before its Early Approval Adult Use Dispensing | ||
Organization License expires, it may opt to meet the | ||
requirement of this subsection by completing another | ||
item from this subsection; or |
(E) Participate in a sponsorship program for at | ||
least 2 years approved by the Department of Commerce | ||
and Economic Opportunity in which an Early Approval | ||
Adult Use Dispensing Organization License holder | ||
agrees to provide an interest-free loan of at least | ||
$200,000 to a Social Equity Applicant. The sponsor | ||
shall not take an ownership stake in any cannabis | ||
business establishment receiving sponsorship services | ||
to comply with this subsection. | ||
(b-5) Beginning 90 days after the effective date of this | ||
amendatory Act of the 102nd General Assembly, an Early | ||
Approval Adult Use Dispensing Organization licensee whose | ||
license was issued pursuant to this Section may apply to | ||
relocate within the same geographic district where its | ||
existing associated medical cannabis dispensing organization | ||
dispensary licensed under the Compassionate Use of Medical | ||
Cannabis Act is authorized to operate. A request to relocate | ||
under this subsection is subject to approval by the | ||
Department. An Early Approval Adult Use Dispensing | ||
Organization's application to relocate its license under this | ||
subsection shall be deemed approved 30 days following the | ||
submission of a complete application to relocate, unless | ||
sooner approved or denied in writing by the Department. If an | ||
application to relocate is denied, the Department shall | ||
provide, in writing, the specific reason for denial. | ||
An Early Approval Adult Use Dispensing Organization may |
request to relocate under this subsection if: | ||
(1) its existing location is within the boundaries of | ||
a unit of local government that prohibits the sale of | ||
adult use cannabis; or | ||
(2) the Early Approval Adult Use Dispensing | ||
Organization has obtained the approval of the municipality | ||
or, if outside the boundaries of a municipality in an | ||
unincorporated area of the county, the approval of the | ||
county where the existing license is located to move to | ||
another location within that unit of local government. | ||
At no time may an Early Approval Adult Use Dispensing | ||
Organization dispensary licensed under this Section operate in | ||
a separate facility from its associated medical cannabis | ||
dispensing organization dispensary licensed under the | ||
Compassionate Use of Medical Cannabis Act. The relocation of | ||
an Early Approval Adult Use Dispensing Organization License | ||
under this subsection shall be subject to Sections 55-25 and | ||
55-28 of this Act. | ||
(c) The license fee required by paragraph (1) of | ||
subsection (b) of this Section shall be in addition to any | ||
license fee required for the renewal of a registered medical | ||
cannabis dispensing organization license. | ||
(d) Applicants must submit all required information, | ||
including the requirements in subsection (b) of this Section, | ||
to the Department. Failure by an applicant to submit all | ||
required information may result in the application being |
disqualified. | ||
(e) If the Department receives an application that fails | ||
to provide the required elements contained in subsection (b), | ||
the Department shall issue a deficiency notice to the | ||
applicant. The applicant shall have 10 calendar days from the | ||
date of the deficiency notice to submit complete information. | ||
Applications that are still incomplete after this opportunity | ||
to cure may be disqualified. | ||
(f) If an applicant meets all the requirements of | ||
subsection (b) of this Section, the Department shall issue the | ||
Early Approval Adult Use Dispensing Organization License | ||
within 14 days of receiving a completed application unless: | ||
(1) The licensee or a principal officer is delinquent | ||
in filing any required tax returns or paying any amounts | ||
owed to the State of Illinois; | ||
(2) The Secretary of Financial and Professional | ||
Regulation determines there is reason, based on documented | ||
compliance violations, the licensee is not entitled to an | ||
Early Approval Adult Use Dispensing Organization License; | ||
or | ||
(3) Any principal officer fails to register and remain | ||
in compliance with this Act or the Compassionate Use of | ||
Medical Cannabis Program Act. | ||
(g) A registered medical cannabis dispensing organization | ||
that obtains an Early Approval Adult Use Dispensing | ||
Organization License may begin selling cannabis, |
cannabis-infused products, paraphernalia, and related items to | ||
purchasers under the rules of this Act no sooner than January | ||
1, 2020. | ||
(h) A dispensing organization holding a medical cannabis | ||
dispensing organization license issued under the Compassionate | ||
Use of Medical Cannabis Program Act must maintain an adequate | ||
supply of cannabis and cannabis-infused products for purchase | ||
by qualifying patients, caregivers, provisional patients, and | ||
Opioid Alternative Pilot Program participants. For the | ||
purposes of this subsection, "adequate supply" means a monthly | ||
inventory level that is comparable in type and quantity to | ||
those medical cannabis products provided to patients and | ||
caregivers on an average monthly basis for the 6 months before | ||
the effective date of this Act. | ||
(i) If there is a shortage of cannabis or cannabis-infused | ||
products, a dispensing organization holding both a dispensing | ||
organization license under the Compassionate Use of Medical | ||
Cannabis Program Act and this Act shall prioritize serving | ||
qualifying patients, caregivers, provisional patients, and | ||
Opioid Alternative Pilot Program participants before serving | ||
purchasers. | ||
(j) Notwithstanding any law or rule to the contrary, a | ||
person that holds a medical cannabis dispensing organization | ||
license issued under the Compassionate Use of Medical Cannabis | ||
Program Act and an Early Approval Adult Use Dispensing | ||
Organization License may permit purchasers into a limited |
access area as that term is defined in administrative rules | ||
made under the authority in the Compassionate Use of Medical | ||
Cannabis Program Act. | ||
(k) An Early Approval Adult Use Dispensing Organization | ||
License is valid until March 31, 2021. A dispensing | ||
organization that obtains an Early Approval Adult Use | ||
Dispensing Organization License shall receive written or | ||
electronic notice 90 days before the expiration of the license | ||
that the license will expire, and that informs the license | ||
holder that it may apply to renew its Early Approval Adult Use | ||
Dispensing Organization License on forms provided by the | ||
Department. The Department shall renew the Early Approval | ||
Adult Use Dispensing Organization License within 60 days of | ||
the renewal application being deemed complete if: | ||
(1) the dispensing organization submits an application | ||
and the required nonrefundable renewal fee of $30,000, to | ||
be deposited into the Cannabis Regulation Fund; | ||
(2) the Department has not suspended or permanently | ||
revoked the Early Approval Adult Use Dispensing | ||
Organization License or a medical cannabis dispensing | ||
organization license on the same premises for violations | ||
of this Act, the Compassionate Use of Medical Cannabis | ||
Program Act, or rules adopted pursuant to those Acts; | ||
(3) the dispensing organization has completed a Social | ||
Equity Inclusion Plan as provided by parts (A), (B), and | ||
(C) of paragraph (8) of subsection (b) of this Section or |
has made substantial progress toward completing a Social | ||
Equity Inclusion Plan as provided by parts (D) and (E) of | ||
paragraph (8) of subsection (b) of this Section; and | ||
(4) the dispensing organization is in compliance with | ||
this Act and rules. | ||
(l) The Early Approval Adult Use Dispensing Organization | ||
License renewed pursuant to subsection (k) of this Section | ||
shall expire March 31, 2022. The Early Approval Adult Use | ||
Dispensing Organization Licensee shall receive written or | ||
electronic notice 90 days before the expiration of the license | ||
that the license will expire, and that informs the license | ||
holder that it may apply for an Adult Use Dispensing | ||
Organization License on forms provided by the Department. The | ||
Department shall grant an Adult Use Dispensing Organization | ||
License within 60 days of an application being deemed complete | ||
if the applicant has met all of the criteria in Section 15-36. | ||
(m) If a dispensing organization fails to submit an | ||
application for renewal of an Early Approval Adult Use | ||
Dispensing Organization License or for an Adult Use Dispensing | ||
Organization License before the expiration dates provided in | ||
subsections (k) and (l) of this Section, the dispensing | ||
organization shall cease serving purchasers and cease all | ||
operations until it receives a renewal or an Adult Use | ||
Dispensing Organization License, as the case may be. | ||
(n) A dispensing organization agent who holds a valid | ||
dispensing organization agent identification card issued under |
the Compassionate Use of Medical Cannabis Program Act and is | ||
an officer, director, manager, or employee of the dispensing | ||
organization licensed under this Section may engage in all | ||
activities authorized by this Article to be performed by a | ||
dispensing organization agent. | ||
(o) If the Department suspends, permanently revokes, or | ||
otherwise disciplines the Early Approval Adult Use Dispensing | ||
Organization License of a dispensing organization that also | ||
holds a medical cannabis dispensing organization license | ||
issued under the Compassionate Use of Medical Cannabis Program | ||
Act, the Department may consider the suspension, permanent | ||
revocation, or other discipline of the medical cannabis | ||
dispensing organization license. | ||
(p) All fees collected pursuant to this Section shall be | ||
deposited into the Cannabis Regulation Fund, unless otherwise | ||
specified.
| ||
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) | ||
(410 ILCS 705/15-25)
| ||
Sec. 15-25. Awarding of Conditional Adult Use Dispensing | ||
Organization Licenses prior to January 1, 2021. | ||
(a) The Department shall issue up to 75 Conditional Adult | ||
Use Dispensing Organization Licenses before May 1, 2020. | ||
(b) The Department shall make the application for a | ||
Conditional Adult Use Dispensing Organization License | ||
available no later than October 1, 2019 and shall accept |
applications no later than January 1, 2020. | ||
(c) To ensure the geographic dispersion of Conditional | ||
Adult Use Dispensing Organization License holders, the | ||
following number of licenses shall be awarded in each BLS | ||
Region as determined by each region's percentage of the | ||
State's population: | ||
(1) Bloomington: 1 | ||
(2) Cape Girardeau: 1 | ||
(3) Carbondale-Marion: 1 | ||
(4) Champaign-Urbana: 1 | ||
(5) Chicago-Naperville-Elgin: 47 | ||
(6) Danville: 1 | ||
(7) Davenport-Moline-Rock Island: 1 | ||
(8) Decatur: 1 | ||
(9) Kankakee: 1 | ||
(10) Peoria: 3 | ||
(11) Rockford: 2 | ||
(12) St. Louis: 4 | ||
(13) Springfield: 1 | ||
(14) Northwest Illinois nonmetropolitan: 3 | ||
(15) West Central Illinois nonmetropolitan: 3 | ||
(16) East Central Illinois nonmetropolitan: 2 | ||
(17) South Illinois nonmetropolitan: 2 | ||
(d) An applicant seeking issuance of a Conditional Adult | ||
Use Dispensing Organization License shall submit an | ||
application on forms provided by the Department. An applicant |
must meet the following requirements: | ||
(1) Payment of a nonrefundable application fee of | ||
$5,000 for each license for which the applicant is | ||
applying, which shall be deposited into the Cannabis | ||
Regulation Fund; | ||
(2) Certification that the applicant will comply with | ||
the requirements contained in this Act; | ||
(3) The legal name of the proposed dispensing | ||
organization; | ||
(4) A statement that the dispensing organization | ||
agrees to respond to the Department's supplemental | ||
requests for information; | ||
(5) From each principal officer, a statement | ||
indicating whether that person: | ||
(A) has previously held or currently holds an | ||
ownership interest in a cannabis business | ||
establishment in Illinois; or | ||
(B) has held an ownership interest in a dispensing | ||
organization or its equivalent in another state or | ||
territory of the United States that had the dispensing | ||
organization registration or license suspended, | ||
revoked, placed on probationary status, or subjected | ||
to other disciplinary action; | ||
(6) Disclosure of whether any principal officer has | ||
ever filed for bankruptcy or defaulted on spousal support | ||
or child support obligation; |
(7) A resume for each principal officer, including | ||
whether that person has an academic degree, certification, | ||
or relevant experience with a cannabis business | ||
establishment or in a related industry; | ||
(8) A description of the training and education that | ||
will be provided to dispensing organization agents; | ||
(9) A copy of the proposed operating bylaws; | ||
(10) A copy of the proposed business plan that | ||
complies with the requirements in this Act, including, at | ||
a minimum, the following: | ||
(A) A description of services to be offered; and | ||
(B) A description of the process of dispensing | ||
cannabis; | ||
(11) A copy of the proposed security plan that | ||
complies with the requirements in this Article, including: | ||
(A) The process or controls that will be | ||
implemented to monitor the dispensary, secure the | ||
premises, agents, and currency, and prevent the | ||
diversion, theft, or loss of cannabis; and | ||
(B) The process to ensure that access to the | ||
restricted access areas is restricted to, registered | ||
agents, service professionals, transporting | ||
organization agents, Department inspectors, and | ||
security personnel; | ||
(12) A proposed inventory control plan that complies | ||
with this Section; |
(13) A proposed floor plan, a square footage estimate, | ||
and a description of proposed security devices, including, | ||
without limitation, cameras, motion detectors, servers, | ||
video storage capabilities, and alarm service providers; | ||
(14) The name, address, social security number, and | ||
date of birth of each principal officer and board member | ||
of the dispensing organization; each of those individuals | ||
shall be at least 21 years of age; | ||
(15) Evidence of the applicant's status as a Social | ||
Equity Applicant, if applicable, and whether a Social | ||
Equity Applicant plans to apply for a loan or grant issued | ||
by the Department of Commerce and Economic Opportunity; | ||
(16) The address, telephone number, and email address | ||
of the applicant's principal place of business, if | ||
applicable. A post office box is not permitted; | ||
(17) Written summaries of any information regarding | ||
instances in which a business or not-for-profit that a | ||
prospective board member previously managed or served on | ||
were fined or censured, or any instances in which a | ||
business or not-for-profit that a prospective board member | ||
previously managed or served on had its registration | ||
suspended or revoked in any administrative or judicial | ||
proceeding; | ||
(18) A plan for community engagement; | ||
(19) Procedures to ensure accurate recordkeeping and | ||
security measures that are in accordance with this Article |
and Department rules; | ||
(20) The estimated volume of cannabis it plans to | ||
store at the dispensary; | ||
(21) A description of the features that will provide | ||
accessibility to purchasers as required by the Americans | ||
with Disabilities Act; | ||
(22) A detailed description of air treatment systems | ||
that will be installed to reduce odors; | ||
(23) A reasonable assurance that the issuance of a | ||
license will not have a detrimental impact on the | ||
community in which the applicant wishes to locate; | ||
(24) The dated signature of each principal officer; | ||
(25) A description of the enclosed, locked facility | ||
where cannabis will be stored by the dispensing | ||
organization; | ||
(26) Signed statements from each dispensing | ||
organization agent stating that he or she will not divert | ||
cannabis; | ||
(27) The number of licenses it is applying for in each | ||
BLS Region; | ||
(28) A diversity plan that includes a narrative of at | ||
least 2,500 words that establishes a goal of diversity in | ||
ownership, management, employment, and contracting to | ||
ensure that diverse participants and groups are afforded | ||
equality of opportunity; | ||
(29) A contract with a private security contractor |
agency that is licensed under Section 10-5 of the Private | ||
Detective, Private Alarm, Private Security, Fingerprint | ||
Vendor, and Locksmith Act of 2004 in order for the | ||
dispensary to have adequate security at its facility; and | ||
(30) Other information deemed necessary by the | ||
Illinois Cannabis Regulation Oversight Officer to conduct | ||
the disparity and availability study referenced in | ||
subsection (e) of Section 5-45. | ||
(e) An applicant who receives a Conditional Adult Use | ||
Dispensing Organization License under this Section has 180 | ||
days from the date of award to identify a physical location for | ||
the dispensing organization retail storefront. Before a | ||
conditional licensee receives an authorization to build out | ||
the dispensing organization from the Department, the | ||
Department shall inspect the physical space selected by the | ||
conditional licensee. The Department shall verify the site is | ||
suitable for public access, the layout promotes the safe | ||
dispensing of cannabis, the location is sufficient in size, | ||
power allocation, lighting, parking, handicapped accessible | ||
parking spaces, accessible entry and exits as required by the | ||
Americans with Disabilities Act, product handling, and | ||
storage. The applicant shall also provide a statement of | ||
reasonable assurance that the issuance of a license will not | ||
have a detrimental impact on the community. The applicant | ||
shall also provide evidence that the location is not within | ||
1,500 feet of an existing dispensing organization , unless the |
applicant is a Social Equity Applicant or Social Equity | ||
Justice Involved Applicant located or seeking to locate within | ||
1,500 feet of a dispensing organization licensed under Section | ||
15-15 or Section 15-20 . If an applicant is unable to find a | ||
suitable physical address in the opinion of the Department | ||
within 180 days of the issuance of the Conditional Adult Use | ||
Dispensing Organization License, the Department may extend the | ||
period for finding a physical address another 180 days if the | ||
Conditional Adult Use Dispensing Organization License holder | ||
demonstrates concrete attempts to secure a location and a | ||
hardship. If the Department denies the extension or the | ||
Conditional Adult Use Dispensing Organization License holder | ||
is unable to find a location or become operational within 360 | ||
days of being awarded a conditional license, the Department | ||
shall rescind the conditional license and award it to the next | ||
highest scoring applicant in the BLS Region for which the | ||
license was assigned, provided the applicant receiving the | ||
license: (i) confirms a continued interest in operating a | ||
dispensing organization; (ii) can provide evidence that the | ||
applicant continues to meet all requirements for holding a | ||
Conditional Adult Use Dispensing Organization License set | ||
forth in this Act; and (iii) has not otherwise become | ||
ineligible to be awarded a dispensing organization license. If | ||
the new awardee is unable to accept the Conditional Adult Use | ||
Dispensing Organization License, the Department shall award | ||
the Conditional Adult Use Dispensing Organization License to |
the next highest scoring applicant in the same manner. The new | ||
awardee shall be subject to the same required deadlines as | ||
provided in this subsection. | ||
(e-5) If, within 180 days of being awarded a Conditional | ||
Adult Use Dispensing Organization License, a dispensing | ||
organization is unable to find a location within the BLS | ||
Region in which it was awarded a Conditional Adult Use | ||
Dispensing Organization License because no jurisdiction within | ||
the BLS Region allows for the operation of an Adult Use | ||
Dispensing Organization, the Department of Financial and | ||
Professional Regulation may authorize the Conditional Adult | ||
Use Dispensing Organization License holder to transfer its | ||
license to a BLS Region specified by the Department. | ||
(f) A dispensing organization that is awarded a | ||
Conditional Adult Use Dispensing Organization License pursuant | ||
to the criteria in Section 15-30 shall not purchase, possess, | ||
sell, or dispense cannabis or cannabis-infused products until | ||
the person has received an Adult Use Dispensing Organization | ||
License issued by the Department pursuant to Section 15-36 of | ||
this Act. | ||
(g) The Department shall conduct a background check of the | ||
prospective organization agents in order to carry out this | ||
Article. The Department of State Police shall charge the | ||
applicant a fee for conducting the criminal history record | ||
check, which shall be deposited into the State Police Services | ||
Fund and shall not exceed the actual cost of the record check. |
Each person applying as a dispensing organization agent shall | ||
submit a full set of fingerprints to the Department of State | ||
Police for the purpose of obtaining a State and federal | ||
criminal records check. These fingerprints shall be checked | ||
against the fingerprint records now and hereafter, to the | ||
extent allowed by law, filed in the Department of State Police | ||
and Federal Bureau of Identification criminal history records | ||
databases. The Department of State Police shall furnish, | ||
following positive identification, all Illinois conviction | ||
information to the Department.
| ||
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) | ||
(410 ILCS 705/15-30)
| ||
Sec. 15-30. Selection criteria for conditional licenses | ||
awarded under Section 15-25. | ||
(a) Applicants for a Conditional Adult Use Dispensing | ||
Organization License must submit all required information, | ||
including the information required in Section 15-25, to the | ||
Department. Failure by an applicant to submit all required | ||
information may result in the application being disqualified. | ||
(b) If the Department receives an application that fails | ||
to provide the required elements contained in this Section, | ||
the Department shall issue a deficiency notice to the | ||
applicant. The applicant shall have 10 calendar days from the | ||
date of the deficiency notice to resubmit the incomplete | ||
information. Applications that are still incomplete after this |
opportunity to cure will not be scored and will be | ||
disqualified. | ||
(c) The Department will award up to 250 points to complete | ||
applications based on the sufficiency of the applicant's | ||
responses to required information. Applicants will be awarded | ||
points based on a determination that the application | ||
satisfactorily includes the following elements: | ||
(1) Suitability of Employee Training Plan (15 points). | ||
The plan includes an employee training plan that | ||
demonstrates that employees will understand the rules | ||
and laws to be followed by dispensary employees, have | ||
knowledge of any security measures and operating | ||
procedures of the dispensary, and are able to advise | ||
purchasers on how to safely consume cannabis and use | ||
individual products offered by the dispensary. | ||
(2) Security and Recordkeeping (65 points). | ||
(A) The security plan accounts for the prevention | ||
of the theft or diversion of cannabis. The security | ||
plan demonstrates safety procedures for dispensing | ||
organization agents and purchasers, and safe delivery | ||
and storage of cannabis and currency. It demonstrates | ||
compliance with all security requirements in this Act | ||
and rules. | ||
(B) A plan for recordkeeping, tracking, and | ||
monitoring inventory, quality control, and other | ||
policies and procedures that will promote standard |
recordkeeping and discourage unlawful activity. This | ||
plan includes the applicant's strategy to communicate | ||
with the Department and the Department of State Police | ||
on the destruction and disposal of cannabis. The plan | ||
must also demonstrate compliance with this Act and | ||
rules. | ||
(C) The security plan shall also detail which | ||
private security contractor licensed under Section | ||
10-5 of the Private Detective, Private Alarm, Private | ||
Security, Fingerprint Vendor, and Locksmith Act of | ||
2004 the dispensary will contract with in order to | ||
provide adequate security at its facility. | ||
(3) Applicant's Business Plan, Financials, Operating | ||
and Floor Plan (65 points). | ||
(A) The business plan shall describe, at a | ||
minimum, how the dispensing organization will be | ||
managed on a long-term basis. This shall include a | ||
description of the dispensing organization's | ||
point-of-sale system, purchases and denials of sale, | ||
confidentiality, and products and services to be | ||
offered. It will demonstrate compliance with this Act | ||
and rules. | ||
(B) The operating plan shall include, at a | ||
minimum, best practices for day-to-day dispensary | ||
operation and staffing. The operating plan may also | ||
include information about employment practices, |
including information about the percentage of | ||
full-time employees who will be provided a living | ||
wage. | ||
(C) The proposed floor plan is suitable for public | ||
access, the layout promotes safe dispensing of | ||
cannabis, is compliant with the Americans with | ||
Disabilities Act and the Environmental Barriers Act, | ||
and facilitates safe product handling and storage. | ||
(4) Knowledge and Experience (30 points). | ||
(A) The applicant's principal officers must | ||
demonstrate experience and qualifications in business | ||
management or experience with the cannabis industry. | ||
This includes ensuring optimal safety and accuracy in | ||
the dispensing and sale of cannabis. | ||
(B) The applicant's principal officers must | ||
demonstrate knowledge of various cannabis product | ||
strains or varieties and describe the types and | ||
quantities of products planned to be sold. This | ||
includes confirmation of whether the dispensing | ||
organization plans to sell cannabis paraphernalia or | ||
edibles. | ||
(C) Knowledge and experience may be demonstrated | ||
through experience in other comparable industries that | ||
reflect on the applicant's ability to operate a | ||
cannabis business establishment. | ||
(5) Status as a Social Equity Applicant (50 points). |
The applicant meets the qualifications for a | ||
Social Equity Applicant as set forth in this Act. | ||
(6) Labor and employment practices (5 points): The | ||
applicant may describe plans to provide a safe, healthy, | ||
and economically beneficial working environment for its | ||
agents, including, but not limited to, codes of conduct, | ||
health care benefits, educational benefits, retirement | ||
benefits, living wage standards, and entering a labor | ||
peace agreement with employees. | ||
(7) Environmental Plan (5 points): The applicant may | ||
demonstrate an environmental plan of action to minimize | ||
the carbon footprint, environmental impact, and resource | ||
needs for the dispensary, which may include, without | ||
limitation, recycling cannabis product packaging. | ||
(8) Illinois owner (5 points): The applicant is 51% or | ||
more owned and controlled by an Illinois resident, who can | ||
prove residency in each of the past 5 years with tax | ||
records or 2 of the following: | ||
(A) a signed lease agreement that includes the | ||
applicant's name; | ||
(B) a property deed that includes the applicant's | ||
name; | ||
(C) school records; | ||
(D) a voter registration card; | ||
(E) an Illinois driver's license, an Illinois | ||
Identification Card, or an Illinois Person with a |
Disability Identification Card; | ||
(F) a paycheck stub; | ||
(G) a utility bill; or | ||
(H) any other proof of residency or other | ||
information necessary to establish residence as | ||
provided by rule. | ||
(9) Status as veteran (5 points): The applicant is 51% | ||
or more controlled and owned by an individual or | ||
individuals who meet the qualifications of a veteran as | ||
defined by Section 45-57 of the Illinois Procurement Code. | ||
(10) A diversity plan (5 points): that includes a | ||
narrative of not more than 2,500 words that establishes a | ||
goal of diversity in ownership, management, employment, | ||
and contracting to ensure that diverse participants and | ||
groups are afforded equality of opportunity. | ||
(d) The Department may also award up to 2 bonus points for | ||
a plan to engage with the community. The applicant may | ||
demonstrate a desire to engage with its community by | ||
participating in one or more of, but not limited to, the | ||
following actions: (i) establishment of an incubator program | ||
designed to increase participation in the cannabis industry by | ||
persons who would qualify as Social Equity Applicants; (ii) | ||
providing financial assistance to substance abuse treatment | ||
centers; (iii) educating children and teens about the | ||
potential harms of cannabis use; or (iv) other measures | ||
demonstrating a commitment to the applicant's community. Bonus |
points will only be awarded if the Department receives | ||
applications that receive an equal score for a particular | ||
region. | ||
(e) The Department may verify information contained in | ||
each application and accompanying documentation to assess the | ||
applicant's veracity and fitness to operate a dispensing | ||
organization. | ||
(f) The Department may, in its discretion, refuse to issue | ||
an authorization to any applicant: | ||
(1) Who is unqualified to perform the duties required | ||
of the applicant; | ||
(2) Who fails to disclose or states falsely any | ||
information called for in the application; | ||
(3) Who has been found guilty of a violation of this | ||
Act, who has had any disciplinary order entered against it | ||
by the Department, who has entered into a disciplinary or | ||
nondisciplinary agreement with the Department, or whose | ||
medical cannabis dispensing organization, medical cannabis | ||
cultivation organization, or Early Approval Adult Use | ||
Dispensing Organization License, or Early Approval Adult | ||
Use Dispensing Organization License at a secondary site, | ||
or Early Approval Cultivation Center License was | ||
suspended, restricted, revoked, or denied for just cause, | ||
or the applicant's cannabis business establishment license | ||
was suspended, restricted, revoked, or denied in any other | ||
state; or |
(4) Who has engaged in a pattern or practice of unfair | ||
or illegal practices, methods, or activities in the | ||
conduct of owning a cannabis business establishment or | ||
other business. | ||
(g) The Department shall deny the license if any principal | ||
officer, board member, or person having a financial or voting | ||
interest of 5% or greater in the licensee is delinquent in | ||
filing any required tax returns or paying any amounts owed to | ||
the State of Illinois. | ||
(h) The Department shall verify an applicant's compliance | ||
with the requirements of this Article and rules before issuing | ||
a dispensing organization license. | ||
(i) Should the applicant be awarded a license, the | ||
information and plans provided in the application, including | ||
any plans submitted for bonus points, shall become a condition | ||
of the Conditional Adult Use Dispensing Organization Licenses | ||
and any Adult Use Dispensing Organization License issued to | ||
the holder of the Conditional Adult Use Dispensing | ||
Organization License, except as otherwise provided by this Act | ||
or rule. Dispensing organizations have a duty to disclose any | ||
material changes to the application. The Department shall | ||
review all material changes disclosed by the dispensing | ||
organization, and may re-evaluate its prior decision regarding | ||
the awarding of a license, including, but not limited to, | ||
suspending or permanently revoking a license. Failure to | ||
comply with the conditions or requirements in the application |
may subject the dispensing organization to discipline, up to | ||
and including suspension or permanent revocation of its | ||
authorization or license by the Department. | ||
(j) If an applicant has not begun operating as a | ||
dispensing organization within one year of the issuance of the | ||
Conditional Adult Use Dispensing Organization License, the | ||
Department may permanently revoke the Conditional Adult Use | ||
Dispensing Organization License and award it to the next | ||
highest scoring applicant in the BLS Region if a suitable | ||
applicant indicates a continued interest in the license or | ||
begin a new selection process to award a Conditional Adult Use | ||
Dispensing Organization License. | ||
(k) The Department shall deny an application if granting | ||
that application would result in a single person or entity | ||
having a direct or indirect financial interest in more than 10 | ||
Early Approval Adult Use Dispensing Organization Licenses, | ||
Conditional Adult Use Dispensing Organization Licenses, or | ||
Adult Use Dispensing Organization Licenses. Any entity that is | ||
awarded a license that results in a single person or entity | ||
having a direct or indirect financial interest in more than 10 | ||
licenses shall forfeit the most recently issued license and | ||
suffer a penalty to be determined by the Department, unless | ||
the entity declines the license at the time it is awarded.
| ||
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) | ||
(410 ILCS 705/15-30.20 new) |
Sec. 15-30.20. Tied Applicant Lottery; additional | ||
requirements; timing. | ||
(a) If awarding a license in a Tied Applicant Lottery | ||
would result in a Tied Applicant possessing more than 10 Early | ||
Approval Adult Use Dispensing Organization Licenses, Early | ||
Approval Adult Use Dispensing Organization Licenses at a | ||
secondary site, Conditional Adult Use Dispensing Organization | ||
Licenses, Adult Use Dispensing Organization Licenses, or any | ||
combination thereof, the Tied Applicant must choose which | ||
license to abandon pursuant to subsection (d) of Section 15-36 | ||
and notify the Department in writing within 5 business days | ||
after the date that the Tied Applicant Lottery is conducted. | ||
(b) The Department shall publish the certified results of | ||
a Tied Applicant Lottery within 2 business days after the Tied | ||
Applicant Lottery is conducted. | ||
(410 ILCS 705/15-35)
| ||
Sec. 15-35. Qualifying Applicant Lottery for Conditional | ||
Adult Use Dispensing Organization Licenses License after | ||
January 1, 2021 . | ||
(a) In addition to any of the licenses issued under | ||
Section in Sections 15-15, Section 15-20, or Section 15-25 , | ||
Section 15-30.20, or Section 15-35.10 of this Act, within 10 | ||
business days after the resulting final scores for all scored | ||
applications pursuant to Sections 15-25 and 15-30 are | ||
released, by December 21, 2021, the Department shall issue up |
to 55 110 Conditional Adult Use Dispensing Organization | ||
Licenses by lot , pursuant to the application process adopted | ||
under this Section. In order to be eligible to be awarded a | ||
Conditional Adult Use Dispensing Organization License by lot | ||
under this Section, a Dispensary Applicant must be a | ||
Qualifying Applicant. | ||
The licenses issued under this Section shall be awarded in | ||
each BLS Region in the following amounts: | ||
(1) Bloomington: 1. | ||
(2) Cape Girardeau: 1. | ||
(3) Carbondale-Marion: 1. | ||
(4) Champaign-Urbana: 1. | ||
(5) Chicago-Naperville-Elgin: 36. | ||
(6) Danville: 1. | ||
(7) Davenport-Moline-Rock Island: 1. | ||
(8) Decatur: 1. | ||
(9) Kankakee: 1. | ||
(10) Peoria: 2. | ||
(11) Rockford: 1. | ||
(12) St. Louis: 3. | ||
(13) Springfield: 1. | ||
(14) Northwest Illinois nonmetropolitan: 1. | ||
(15) West Central Illinois nonmetropolitan: 1. | ||
(16) East Central Illinois nonmetropolitan: 1. | ||
(17) South Illinois nonmetropolitan: 1. | ||
(a-5) Prior to issuing such licenses under subsection (a) , |
the Department may adopt rules through emergency rulemaking in | ||
accordance with subsection (kk) (gg) of Section 5-45 of the | ||
Illinois Administrative Procedure Act. The General Assembly | ||
finds that the adoption of rules to regulate cannabis use is | ||
deemed an emergency and necessary for the public interest, | ||
safety, and welfare. Such rules may: | ||
(1) Modify or change the BLS Regions as they apply to | ||
this Article or modify or raise the number of Adult | ||
Conditional Use Dispensing Organization Licenses assigned | ||
to each region based on the following factors: | ||
(A) Purchaser wait times; | ||
(B) Travel time to the nearest dispensary for | ||
potential purchasers; | ||
(C) Percentage of cannabis sales occurring in | ||
Illinois not in the regulated market using data from | ||
the Substance Abuse and Mental Health Services | ||
Administration, National Survey on Drug Use and | ||
Health, Illinois Behavioral Risk Factor Surveillance | ||
System, and tourism data from the Illinois Office of | ||
Tourism to ascertain total cannabis consumption in | ||
Illinois compared to the amount of sales in licensed | ||
dispensing organizations; | ||
(D) Whether there is an adequate supply of | ||
cannabis and cannabis-infused products to serve | ||
registered medical cannabis patients; | ||
(E) Population increases or shifts; |
(F) Density of dispensing organizations in a | ||
region; | ||
(G) The Department's capacity to appropriately | ||
regulate additional licenses; | ||
(H) The findings and recommendations from the | ||
disparity and availability study commissioned by the | ||
Illinois Cannabis Regulation Oversight Officer in | ||
subsection (e) of Section 5-45 to reduce or eliminate | ||
any identified barriers to entry in the cannabis | ||
industry; and | ||
(I) Any other criteria the Department deems | ||
relevant. | ||
(2) Modify or change the licensing application process | ||
to reduce or eliminate the barriers identified in the | ||
disparity and availability study commissioned by the | ||
Illinois Cannabis Regulation Oversight Officer and make | ||
modifications to remedy evidence of discrimination. | ||
(b) The Department shall distribute the available licenses | ||
established under this Section subject to the following: After | ||
January 1, 2022, the Department may by rule modify or raise the | ||
number of Adult Use Dispensing Organization Licenses assigned | ||
to each region, and modify or change the licensing application | ||
process to reduce or eliminate barriers based on the criteria | ||
in subsection (a). At no time shall the Department issue more | ||
than 500 Adult Use Dispensing Organization Licenses. | ||
(1) The drawing by lot for all available licenses |
issued under this Section shall occur on the same day when | ||
practicable. | ||
(2) Within each BLS Region, the first Qualifying | ||
Applicant drawn will have the first right to an available | ||
license. The second Qualifying Applicant drawn will have | ||
the second right to an available license. The same pattern | ||
will continue for each subsequent Qualifying Applicant | ||
drawn. | ||
(3) The process for distributing available licenses | ||
under this Section shall be recorded by the Department in | ||
a format selected by the Department. | ||
(4) A Dispensary Applicant is prohibited from becoming | ||
a Qualifying Applicant if a principal officer resigns | ||
after the resulting final scores for all scored | ||
applications pursuant to Sections 15-25 and 15-30 are | ||
released. | ||
(5) No Qualifying Applicant may be awarded more than 2 | ||
Conditional Adult Use Dispensing Organization Licenses at | ||
the conclusion of a lottery conducted under this Section. | ||
(6) No individual may be listed as a principal officer | ||
of more than 2 Conditional Adult Use Dispensing | ||
Organization Licenses awarded under this Section. | ||
(7) If, upon being selected for an available license | ||
established under this Section, a Qualifying Applicant | ||
exceeds the limits under paragraph (5) or (6), the | ||
Qualifying Applicant must choose which license to abandon |
and notify the Department in writing within 5 business | ||
days. If the Qualifying Applicant does not notify the | ||
Department as required, the Department shall refuse to | ||
issue the Qualifying Applicant all available licenses | ||
established under this Section obtained by lot in all BLS | ||
Regions. | ||
(8) If, upon being selected for an available license | ||
established under this Section, a Qualifying Applicant has | ||
a principal officer who is a principal officer in more | ||
than 10 Early Approval Adult Use Dispensing Organization | ||
Licenses, Conditional Adult Use Dispensing Organization | ||
Licenses, Adult Use Dispensing Organization Licenses, or | ||
any combination thereof, the licensees and the Qualifying | ||
Applicant listing that principal officer must choose which | ||
license to abandon pursuant to subsection (d) of Section | ||
15-36 and notify the Department in writing within 5 | ||
business days. If the Qualifying Applicant or licensees do | ||
not notify the Department as required, the Department | ||
shall refuse to issue the Qualifying Applicant all | ||
available licenses established under this Section obtained | ||
by lot in all BLS Regions. | ||
(9) All available licenses that have been abandoned | ||
under paragraph (7) or (8) shall be distributed to the | ||
next Qualifying Applicant drawn by lot. | ||
Any and all rights conferred or obtained under this | ||
Section shall be limited to the provisions of this Section. |
(c) An applicant who receives a Conditional Adult Use | ||
Dispensing Organization License under this Section has 180 | ||
days from the date it is awarded to identify a physical | ||
location for the dispensing organization's retail storefront. | ||
The applicant shall provide evidence that the location is not | ||
within 1,500 feet of an existing dispensing organization, | ||
unless the applicant is a Social Equity Applicant or Social | ||
Equity Justice Involved Applicant located or seeking to locate | ||
within 1,500 feet of a dispensing organization licensed under | ||
Section 15-15 or Section 15-20. If an applicant is unable to | ||
find a suitable physical address in the opinion of the | ||
Department within 180 days from the issuance of the | ||
Conditional Adult Use Dispensing Organization License, the | ||
Department may extend the period for finding a physical | ||
address another 180 days if the Conditional Adult Use | ||
Dispensing Organization License holder demonstrates a concrete | ||
attempt to secure a location and a hardship. If the Department | ||
denies the extension or the Conditional Adult Use Dispensing | ||
Organization License holder is unable to find a location or | ||
become operational within 360 days of being awarded a | ||
Conditional Adult Use Dispensing Organization License under | ||
this Section, the Department shall rescind the Conditional | ||
Adult Use Dispensing Organization License and award it | ||
pursuant to subsection (b), provided the applicant receiving | ||
the Conditional Adult Use Dispensing Organization License: (i) | ||
confirms a continued interest in operating a dispensing |
organization; (ii) can provide evidence that the applicant | ||
continues to meet all requirements for holding a Conditional | ||
Adult Use Dispensing Organization License set forth in this | ||
Act; and (iii) has not otherwise become ineligible to be | ||
awarded a Conditional Adult Use Dispensing Organization | ||
License. If the new awardee is unable to accept the | ||
Conditional Adult Use Dispensing Organization License, the | ||
Department shall award the Conditional Adult Use Dispensing | ||
Organization License pursuant to subsection (b). The new | ||
awardee shall be subject to the same required deadlines as | ||
provided in this subsection. | ||
(d) If, within 180 days of being awarded a Conditional | ||
Adult Use Dispensing Organization License, a dispensing | ||
organization is unable to find a location within the BLS | ||
Region in which it was awarded a Conditional Adult Use | ||
Dispensing Organization License because no jurisdiction within | ||
the BLS Region allows for the operation of an Adult Use | ||
Dispensing Organization, the Department may authorize the | ||
Conditional Adult Use Dispensing Organization License holder | ||
to transfer its Conditional Adult Use Dispensing Organization | ||
License to a BLS Region specified by the Department. | ||
(e) A dispensing organization that is awarded a | ||
Conditional Adult Use Dispensing Organization License under | ||
this Section shall not purchase, possess, sell, or dispense | ||
cannabis or cannabis-infused products until the dispensing | ||
organization has received an Adult Use Dispensing Organization |
License issued by the Department pursuant to Section 15-36. | ||
(f) The Department shall conduct a background check of the | ||
prospective dispensing organization agents in order to carry | ||
out this Article. The Illinois State Police shall charge the | ||
applicant a fee for conducting the criminal history record | ||
check, which shall be deposited into the State Police Services | ||
Fund and shall not exceed the actual cost of the record check. | ||
Each person applying as a dispensing organization agent shall | ||
submit a full set of fingerprints to the Illinois State Police | ||
for the purpose of obtaining a State and federal criminal | ||
records check. These fingerprints shall be checked against the | ||
fingerprint records now and hereafter, to the extent allowed | ||
by law, filed with the Illinois State Police and the Federal | ||
Bureau of Investigation criminal history records databases. | ||
The Illinois State Police shall furnish, following positive | ||
identification, all Illinois conviction information to the | ||
Department. | ||
(g) The Department may verify information contained in | ||
each application and accompanying documentation to assess the | ||
applicant's veracity and fitness to operate a dispensing | ||
organization. | ||
(h) The Department may, in its discretion, refuse to issue | ||
authorization to an applicant who meets any of the following | ||
criteria: | ||
(1) An applicant who is unqualified to perform the | ||
duties required
of the applicant. |
(2) An applicant who fails to disclose or states | ||
falsely any
information called for in the application. | ||
(3) An applicant who has been found guilty of a | ||
violation of this Act, who has had any disciplinary order | ||
entered against the applicant by the Department, who has | ||
entered into a disciplinary or nondisciplinary agreement | ||
with the Department, whose medical cannabis dispensing | ||
organization, medical cannabis cultivation organization, | ||
Early Approval Adult Use Dispensing Organization License, | ||
Early Approval Adult Use Dispensing Organization License | ||
at a secondary site, Early Approval Cultivation Center | ||
License, Conditional Adult Use Dispensing Organization | ||
License, or Adult Use Dispensing Organization License was | ||
suspended, restricted, revoked, or denied for just cause, | ||
or whose cannabis business establishment license was | ||
suspended, restricted, revoked, or denied in any other | ||
state. | ||
(4) An applicant who has engaged in a pattern or | ||
practice of unfair or illegal practices, methods, or | ||
activities in the conduct of owning a cannabis business | ||
establishment or other business. | ||
(i) The Department shall deny issuance of a license under | ||
this Section if any principal officer, board member, or person | ||
having a financial or voting interest of 5% or greater in the | ||
licensee is delinquent in filing any required tax return or | ||
paying any amount owed to the State of Illinois. |
(j) The Department shall verify an applicant's compliance | ||
with the requirements of this Article and rules adopted under | ||
this Article before issuing a Conditional Adult Use Dispensing | ||
Organization License under this Section. | ||
(k) If an applicant is awarded a Conditional Adult Use | ||
Dispensing Organization License under this Section, the | ||
information and plans provided in the application, including | ||
any plans submitted for bonus points, shall become a condition | ||
of the Conditional Adult Use Dispensing Organization License | ||
and any Adult Use Dispensing Organization License issued to | ||
the holder of the Conditional Adult Use Dispensing | ||
Organization License, except as otherwise provided by this Act | ||
or by rule. A dispensing organization has a duty to disclose | ||
any material changes to the application. The Department shall | ||
review all material changes disclosed by the dispensing | ||
organization and may reevaluate its prior decision regarding | ||
the awarding of a Conditional Adult Use Dispensing | ||
Organization License, including, but not limited to, | ||
suspending or permanently revoking a Conditional Adult Use | ||
Dispensing Organization License. Failure to comply with the | ||
conditions or requirements in the application may subject the | ||
dispensing organization to discipline up to and including | ||
suspension or permanent revocation of its authorization or | ||
Conditional Adult Use Dispensing Organization License by the | ||
Department. | ||
(l) If an applicant has not begun operating as a |
dispensing organization within one year after the issuance of | ||
the Conditional Adult Use Dispensing Organization License | ||
under this Section, the Department may permanently revoke the | ||
Conditional Adult Use Dispensing Organization License and | ||
award it to the next highest scoring applicant in the BLS | ||
Region if a suitable applicant indicates a continued interest | ||
in the Conditional Adult Use Dispensing Organization License | ||
or may begin a new selection process to award a Conditional | ||
Adult Use Dispensing Organization License.
| ||
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) | ||
(410 ILCS 705/15-35.10 new) | ||
Sec. 15-35.10. Social Equity Justice Involved Lottery for | ||
Conditional Adult Use Dispensing Organization Licenses. | ||
(a) In addition to any of the licenses issued under | ||
Section 15-15, Section 15-20, Section 15-25, Section 15-30.20, | ||
or Section 15-35, within 10 business days after the resulting | ||
final scores for all scored applications pursuant to Sections | ||
15-25 and 15-30 are released, the Department shall issue up to | ||
55 Conditional Adult Use Dispensing Organization Licenses by | ||
lot, pursuant to the application process adopted under this | ||
Section. In order to be eligible to be awarded a Conditional | ||
Adult Use Dispensing Organization License by lot, a Dispensary | ||
Applicant must be a Qualifying Social Equity Justice Involved | ||
Applicant. | ||
The licenses issued under this Section shall be awarded in |
each BLS Region in the following amounts: | ||
(1) Bloomington: 1. | ||
(2) Cape Girardeau: 1. | ||
(3) Carbondale-Marion: 1. | ||
(4) Champaign-Urbana: 1. | ||
(5) Chicago-Naperville-Elgin: 36. | ||
(6) Danville: 1. | ||
(7) Davenport-Moline-Rock Island: 1. | ||
(8) Decatur: 1. | ||
(9) Kankakee: 1. | ||
(10) Peoria: 2. | ||
(11) Rockford: 1. | ||
(12) St. Louis: 3. | ||
(13) Springfield: 1. | ||
(14) Northwest Illinois nonmetropolitan: 1. | ||
(15) West Central Illinois nonmetropolitan: 1. | ||
(16) East Central Illinois nonmetropolitan: 1. | ||
(17) South Illinois nonmetropolitan: 1. | ||
(a-5) Prior to issuing licenses under subsection (a), the | ||
Department may adopt rules through emergency rulemaking in | ||
accordance with subsection (kk) of Section 5-45 of the | ||
Illinois Administrative Procedure Act. The General Assembly | ||
finds that the adoption of rules to regulate cannabis use is | ||
deemed an emergency and necessary for the public interest, | ||
safety, and welfare. | ||
(b) The Department shall distribute the available licenses |
established under this Section subject to the following: | ||
(1) The drawing by lot for all available licenses | ||
established under this Section shall occur on the same day | ||
when practicable. | ||
(2) Within each BLS Region, the first Qualifying | ||
Social Equity Justice Involved Applicant drawn will have | ||
the first right to an available license. The second | ||
Qualifying Social Equity Justice Involved Applicant drawn | ||
will have the second right to an available license. The | ||
same pattern will continue for each subsequent applicant | ||
drawn. | ||
(3) The process for distributing available licenses | ||
under this Section shall be recorded by the Department in | ||
a format selected by the Department. | ||
(4) A Dispensary Applicant is prohibited from becoming | ||
a Qualifying Social Equity Justice Involved Applicant if a | ||
principal officer resigns after the resulting final scores | ||
for all scored applications pursuant to Sections 15-25 and | ||
15-30 are released. | ||
(5) No Qualifying Social Equity Justice Involved | ||
Applicant may be awarded more than 2 Conditional Adult Use | ||
Dispensing Organization Licenses at the conclusion of a | ||
lottery conducted under this Section. | ||
(6) No individual may be listed as a principal officer | ||
of more than 2 Conditional Adult Use Dispensing | ||
Organization Licenses awarded under this Section. |
(7) If, upon being selected for an available license | ||
established under this Section, a Qualifying Social Equity | ||
Justice Involved Applicant exceeds the limits under | ||
paragraph (5) or (6), the Qualifying Social Equity Justice | ||
Involved Applicant must choose which license to abandon | ||
and notify the Department in writing within 5 business | ||
days on forms prescribed by the Department. If the | ||
Qualifying Social Equity Justice Involved Applicant does | ||
not notify the Department as required, the Department | ||
shall refuse to issue the Qualifying Social Equity Justice | ||
Involved Applicant all available licenses established | ||
under this Section obtained by lot in all BLS Regions. | ||
(8) If, upon being selected for an available license | ||
established under this Section, a Qualifying Social Equity | ||
Justice Involved Applicant has a principal officer who is | ||
a principal officer in more than 10 Early Approval Adult | ||
Use Dispensing Organization Licenses, Conditional Adult | ||
Use Dispensing Organization Licenses, Adult Use Dispensing | ||
Organization Licenses, or any combination thereof, the | ||
licensees and the Qualifying Social Equity Justice | ||
Involved Applicant listing that principal officer must | ||
choose which license to abandon pursuant to subsection (d) | ||
of Section 15-36 and notify the Department in writing | ||
within 5 business days on forms prescribed by the | ||
Department. If the Dispensary Applicant or licensees do | ||
not notify the Department as required, the Department |
shall refuse to issue the Qualifying Social Equity Justice | ||
Involved Applicant all available licenses established | ||
under this Section obtained by lot in all BLS Regions. | ||
(9) All available licenses that have been abandoned | ||
under paragraph (7) or (8) shall be distributed to the | ||
next Qualifying Social Equity Justice Involved Applicant | ||
drawn by lot. | ||
Any and all rights conferred or obtained under this | ||
subsection shall be limited to the provisions of this | ||
subsection. | ||
(c) An applicant who receives a Conditional Adult Use | ||
Dispensing Organization License under this Section has 180 | ||
days from the date of the award to identify a physical location | ||
for the dispensing organization's retail storefront. The | ||
applicant shall provide evidence that the location is not | ||
within 1,500 feet of an existing dispensing organization, | ||
unless the applicant is a Social Equity Applicant or Social | ||
Equity Justice Involved Applicant located or seeking to locate | ||
within 1,500 feet of a dispensing organization licensed under | ||
Section 15-15 or Section 15-20. If an applicant is unable to | ||
find a suitable physical address in the opinion of the | ||
Department within 180 days from the issuance of the | ||
Conditional Adult Use Dispensing Organization License, the | ||
Department may extend the period for finding a physical | ||
address another 180 days if the Conditional Adult Use | ||
Dispensing Organization License holder demonstrates a concrete |
attempt to secure a location and a hardship. If the Department | ||
denies the extension or the Conditional Adult Use Dispensing | ||
Organization License holder is unable to find a location or | ||
become operational within 360 days of being awarded a | ||
Conditional Adult Use Dispensing Organization License under | ||
this Section, the Department shall rescind the Conditional | ||
Adult Use Dispensing Organization License and award it | ||
pursuant to subsection (b) and notify the new awardee at the | ||
email address provided in the awardee's application, provided | ||
the applicant receiving the Conditional Adult Use Dispensing | ||
Organization License: (i) confirms a continued interest in | ||
operating a dispensing organization; (ii) can provide evidence | ||
that the applicant continues to meet all requirements for | ||
holding a Conditional Adult Use Dispensing Organization | ||
License set forth in this Act; and (iii) has not otherwise | ||
become ineligible to be awarded a Conditional Adult Use | ||
Dispensing Organization License. If the new awardee is unable | ||
to accept the Conditional Adult Use Dispensing Organization | ||
License, the Department shall award the Conditional Adult Use | ||
Dispensing Organization License pursuant to subsection (b). | ||
The new awardee shall be subject to the same required | ||
deadlines as provided in this subsection. | ||
(d) If, within 180 days of being awarded a Conditional | ||
Adult Use Dispensing Organization License, a dispensing | ||
organization is unable to find a location within the BLS | ||
Region in which it was awarded a Conditional Adult Use |
Dispensing Organization License under this Section because no | ||
jurisdiction within the BLS Region allows for the operation of | ||
an Adult Use Dispensing Organization, the Department may | ||
authorize the Conditional Adult Use Dispensing Organization | ||
License holder to transfer its Conditional Adult Use | ||
Dispensing Organization License to a BLS Region specified by | ||
the Department. | ||
(e) A dispensing organization that is awarded a | ||
Conditional Adult Use Dispensing Organization License under | ||
this Section shall not purchase, possess, sell, or dispense | ||
cannabis or cannabis-infused products until the dispensing | ||
organization has received an Adult Use Dispensing Organization | ||
License issued by the Department pursuant to Section 15-36. | ||
(f) The Department shall conduct a background check of the | ||
prospective dispensing organization agents in order to carry | ||
out this Article. The Illinois State Police shall charge the | ||
applicant a fee for conducting the criminal history record | ||
check, which shall be deposited into the State Police Services | ||
Fund and shall not exceed the actual cost of the record check. | ||
Each person applying as a dispensing organization agent shall | ||
submit a full set of fingerprints to the Illinois State Police | ||
for the purpose of obtaining a State and federal criminal | ||
records check. These fingerprints shall be checked against the | ||
fingerprint records now and hereafter, to the extent allowed | ||
by law, filed with the Illinois State Police and the Federal | ||
Bureau of Investigation criminal history records databases. |
The Illinois State Police shall furnish, following positive | ||
identification, all Illinois conviction information to the | ||
Department. | ||
(g) The Department may verify information contained in | ||
each application and accompanying documentation to assess the | ||
applicant's veracity and fitness to operate a dispensing | ||
organization. | ||
(h) The Department may, in its discretion, refuse to issue | ||
an authorization to an applicant who meets any of the | ||
following criteria: | ||
(1) An applicant who is unqualified to perform the | ||
duties required of the applicant. | ||
(2) An applicant who fails to disclose or states | ||
falsely any information called for in the application. | ||
(3) An applicant who has been found guilty of a | ||
violation of this Act, who has had any disciplinary order | ||
entered against the applicant by the Department, who has | ||
entered into a disciplinary or nondisciplinary agreement | ||
with the Department, whose medical cannabis dispensing | ||
organization, medical cannabis cultivation organization, | ||
Early Approval Adult Use Dispensing Organization License, | ||
Early Approval Adult Use Dispensing Organization License | ||
at a secondary site, Early Approval Cultivation Center | ||
License, Conditional Adult Use Dispensing Organization | ||
License, or Adult Use Dispensing Organization License was | ||
suspended, restricted, revoked, or denied for just cause, |
or whose cannabis business establishment license was | ||
suspended, restricted, revoked, or denied in any other | ||
state. | ||
(4) An applicant who has engaged in a pattern or | ||
practice of unfair or illegal practices, methods, or | ||
activities in the conduct of owning a cannabis business | ||
establishment or other business. | ||
(i) The Department shall deny the license if any principal | ||
officer, board member, or person having a financial or voting | ||
interest of 5% or greater in the licensee is delinquent in | ||
filing any required tax return or paying any amount owed to the | ||
State of Illinois. | ||
(j) The Department shall verify an applicant's compliance | ||
with the requirements of this Article and rules adopted under | ||
this Article before issuing a Conditional Adult Use Dispensing | ||
Organization License. | ||
(k) If an applicant is awarded a Conditional Adult Use | ||
Dispensing Organization License under this Section, the | ||
information and plans provided in the application, including | ||
any plans submitted for bonus points, shall become a condition | ||
of the Conditional Adult Use Dispensing Organization License | ||
and any Adult Use Dispensing Organization License issued to | ||
the holder of the Conditional Adult Use Dispensing | ||
Organization License, except as otherwise provided by this Act | ||
or by rule. Dispensing organizations have a duty to disclose | ||
any material changes to the application. The Department shall |
review all material changes disclosed by the dispensing | ||
organization and may reevaluate its prior decision regarding | ||
the awarding of a Conditional Adult Use Dispensing | ||
Organization License, including, but not limited to, | ||
suspending or permanently revoking a Conditional Adult Use | ||
Dispensing Organization License. Failure to comply with the | ||
conditions or requirements in the application may subject the | ||
dispensing organization to discipline up to and including | ||
suspension or permanent revocation of its authorization or | ||
Conditional Adult Use Dispensing Organization License by the | ||
Department. | ||
(l) If an applicant has not begun operating as a | ||
dispensing organization within one year after the issuance of | ||
the Conditional Adult Use Dispensing Organization License | ||
under this Section, the Department may permanently revoke the | ||
Conditional Adult Use Dispensing Organization License and | ||
award it to the next highest scoring applicant in the BLS | ||
Region if a suitable applicant indicates a continued interest | ||
in the Conditional Adult Use Dispensing Organization License | ||
or may begin a new selection process to award a Conditional | ||
Adult Use Dispensing Organization License. | ||
(410 ILCS 705/15-35.20 new) | ||
Sec. 15-35.20. Conditional Adult Use Dispensing | ||
Organization Licenses on or after January 1, 2022. | ||
(a) In addition to any of the licenses issued under |
Section 15-15, Section 15-20, Section 15-25, Section 15-35, or | ||
Section 15-35.10, by January 1, 2022, the Department may | ||
publish an application to issue additional Conditional Adult | ||
Use Dispensing Organization Licenses, pursuant to the | ||
application process adopted under this Section. The Department | ||
may adopt rules to issue any Conditional Adult Use Dispensing | ||
Organization Licenses under this Section. Such rules may: | ||
(1) Modify or change the BLS Regions as they apply to | ||
this Article or modify or raise the number of Adult | ||
Conditional Use Dispensing Organization Licenses assigned | ||
to each BLS Region based on the following factors: | ||
(A) Purchaser wait times. | ||
(B) Travel time to the nearest dispensary for | ||
potential purchasers. | ||
(C) Percentage of cannabis sales occurring in | ||
Illinois not in the regulated market using data from | ||
the Substance Abuse and Mental Health Services | ||
Administration, National Survey on Drug Use and | ||
Health, Illinois Behavioral Risk Factor Surveillance | ||
System, and tourism data from the Illinois Office of | ||
Tourism to ascertain total cannabis consumption in | ||
Illinois compared to the amount of sales in licensed | ||
dispensing organizations. | ||
(D) Whether there is an adequate supply of | ||
cannabis and cannabis-infused products to serve | ||
registered medical cannabis patients. |
(E) Population increases or shifts. | ||
(F) Density of dispensing organizations in a | ||
region. | ||
(G) The Department's capacity to appropriately | ||
regulate additional licenses. | ||
(H) The findings and recommendations from the | ||
disparity and availability study commissioned by the | ||
Illinois Cannabis Regulation Oversight Officer in | ||
subsection (e) of Section 5-45 to reduce or eliminate | ||
any identified barriers to entry in the cannabis | ||
industry. | ||
(I) Any other criteria the Department deems | ||
relevant. | ||
(2) Modify or change the licensing application process | ||
to reduce or eliminate the barriers identified in the | ||
disparity and availability study commissioned by the | ||
Illinois Cannabis Regulation Oversight Officer and make | ||
modifications to remedy evidence of discrimination. | ||
(b) At no time shall the Department issue more than 500 | ||
Adult Use Dispensing Organization Licenses. | ||
(c) The Department shall issue at least 50 additional | ||
Conditional Adult Use Dispensing Organization Licenses on or | ||
before December 21, 2022. | ||
(410 ILCS 705/15-40)
| ||
Sec. 15-40. Dispensing organization agent identification |
card; agent training. | ||
(a) The Department shall: | ||
(1) verify the information contained in an application | ||
or renewal for a dispensing organization agent | ||
identification card submitted under this Article, and | ||
approve or deny an application or renewal, within 30 days | ||
of receiving a completed application or renewal | ||
application and all supporting documentation required by | ||
rule; | ||
(2) issue a dispensing organization agent | ||
identification card to a qualifying agent within 15 | ||
business days of approving the application or renewal; | ||
(3) enter the registry identification number of the | ||
dispensing organization where the agent works; | ||
(4) within one year from the effective date of this | ||
Act, allow for an electronic application process and | ||
provide a confirmation by electronic or other methods that | ||
an application has been submitted; and | ||
(5) collect a $100 nonrefundable fee from the | ||
applicant to be deposited into the Cannabis Regulation | ||
Fund. | ||
(b) A dispensing organization agent must keep his or her | ||
identification card visible at all times when in the | ||
dispensary. | ||
(c) The dispensing organization agent identification cards | ||
shall contain the following: |
(1) the name of the cardholder; | ||
(2) the date of issuance and expiration date of the | ||
dispensing organization agent identification cards; | ||
(3) a random 10-digit alphanumeric identification | ||
number containing at least 4 numbers and at least 4 | ||
letters that is unique to the cardholder; and | ||
(4) a photograph of the cardholder. | ||
(d) The dispensing organization agent identification cards | ||
shall be immediately returned to the dispensing organization | ||
upon termination of employment. | ||
(e) The Department shall not issue an agent identification | ||
card if the applicant is delinquent in filing any required tax | ||
returns or paying any amounts owed to the State of Illinois. | ||
(f) Any card lost by a dispensing organization agent shall | ||
be reported to the Department of State Police and the | ||
Department immediately upon discovery of the loss. | ||
(g) An applicant shall be denied a dispensing organization | ||
agent identification card renewal if he or she fails to | ||
complete the training provided for in this Section. | ||
(h) A dispensing organization agent shall only be required | ||
to hold one card for the same employer regardless of what type | ||
of dispensing organization license the employer holds. | ||
(i) Cannabis retail sales training requirements. | ||
(1) Within 90 days of September 1, 2019, or 90 days of | ||
employment, whichever is later, all owners, managers, | ||
employees, and agents involved in the handling or sale of |
cannabis or cannabis-infused product employed by an adult | ||
use dispensing organization or medical cannabis dispensing | ||
organization as defined in Section 10 of the Compassionate | ||
Use of Medical Cannabis Program Act shall attend and | ||
successfully complete a Responsible Vendor Program. | ||
(2) Each owner, manager, employee, and agent of an | ||
adult use dispensing organization or medical cannabis | ||
dispensing organization shall successfully complete the | ||
program annually. | ||
(3) Responsible Vendor Program Training modules shall | ||
include at least 2 hours of instruction time approved by | ||
the Department including: | ||
(i) Health and safety concerns of cannabis use, | ||
including the responsible use of cannabis, its | ||
physical effects, onset of physiological effects, | ||
recognizing signs of impairment, and appropriate | ||
responses in the event of overconsumption. | ||
(ii) Training on laws and regulations on driving | ||
while under the influence and operating a watercraft | ||
or snowmobile while under the influence. | ||
(iii) Sales to minors prohibition. Training shall | ||
cover all relevant Illinois laws and rules. | ||
(iv) Quantity limitations on sales to purchasers. | ||
Training shall cover all relevant Illinois laws and | ||
rules. | ||
(v) Acceptable forms of identification. Training |
shall include: | ||
(I) How to check identification; and | ||
(II) Common mistakes made in verification; | ||
(vi) Safe storage of cannabis; | ||
(vii) Compliance with all inventory tracking | ||
system regulations; | ||
(viii) Waste handling, management, and disposal; | ||
(ix) Health and safety standards; | ||
(x) Maintenance of records; | ||
(xi) Security and surveillance requirements; | ||
(xii) Permitting inspections by State and local | ||
licensing and enforcement authorities; | ||
(xiii) Privacy issues; | ||
(xiv) Packaging and labeling requirement for sales | ||
to purchasers; and | ||
(xv) Other areas as determined by rule. | ||
(j) Blank. | ||
(k) Upon the successful completion of the Responsible | ||
Vendor Program, the provider shall deliver proof of completion | ||
either through mail or electronic communication to the | ||
dispensing organization, which shall retain a copy of the | ||
certificate. | ||
(l) The license of a dispensing organization or medical | ||
cannabis dispensing organization whose owners, managers, | ||
employees, or agents fail to comply with this Section may be | ||
suspended or permanently revoked under Section 15-145 or may |
face other disciplinary action. | ||
(m) The regulation of dispensing organization and medical | ||
cannabis dispensing employer and employee training is an | ||
exclusive function of the State, and regulation by a unit of | ||
local government, including a home rule unit, is prohibited. | ||
This subsection (m) is a denial and limitation of home rule | ||
powers and functions under subsection (h) of Section 6 of | ||
Article VII of the Illinois Constitution. | ||
(n) Persons seeking Department approval to offer the | ||
training required by paragraph (3) of subsection (i) may apply | ||
for such approval between August 1 and August 15 of each | ||
odd-numbered year in a manner prescribed by the Department. | ||
(o) Persons seeking Department approval to offer the | ||
training required by paragraph (3) of subsection (i) shall | ||
submit a nonrefundable application fee of $2,000 to be | ||
deposited into the Cannabis Regulation Fund or a fee as may be | ||
set by rule. Any changes made to the training module shall be | ||
approved by the Department.
| ||
(p) The Department shall not unreasonably deny approval of | ||
a training module that meets all the requirements of paragraph | ||
(3) of subsection (i). A denial of approval shall include a | ||
detailed description of the reasons for the denial. | ||
(q) Any person approved to provide the training required | ||
by paragraph (3) of subsection (i) shall submit an application | ||
for re-approval between August 1 and August 15 of each | ||
odd-numbered year and include a nonrefundable application fee |
of $2,000 to be deposited into the Cannabis Regulation Fund or | ||
a fee as may be set by rule.
| ||
(r) All persons applying to become or renewing their | ||
registrations to be agents, including agents-in-charge and | ||
principal officers, shall disclose any disciplinary action | ||
taken against them that may have occurred in Illinois, another | ||
state, or another country in relation to their employment at a | ||
cannabis business establishment or at any cannabis cultivation | ||
center, processor, infuser, dispensary, or other cannabis | ||
business establishment. | ||
(s) An agent applicant may begin employment at a | ||
dispensing organization while the agent applicant's | ||
identification card application is pending. Upon approval, the | ||
Department shall issue the agent's identification card to the | ||
agent. If denied, the dispensing organization and the agent | ||
applicant shall be notified and the agent applicant must cease | ||
all activity at the dispensing organization immediately. | ||
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) | ||
(410 ILCS 705/15-70)
| ||
Sec. 15-70. Operational requirements; prohibitions. | ||
(a) A dispensing organization shall operate in accordance | ||
with the representations made in its application and license | ||
materials. It shall be in compliance with this Act and rules. | ||
(b) A dispensing organization must include the legal name | ||
of the dispensary on the packaging of any cannabis product it |
sells. | ||
(c) All cannabis, cannabis-infused products, and cannabis | ||
seeds must be obtained from an Illinois registered adult use | ||
cultivation center, craft grower, infuser, or another | ||
dispensary. | ||
(d) Dispensing organizations are prohibited from selling | ||
any product containing alcohol except tinctures, which must be | ||
limited to containers that are no larger than 100 milliliters. | ||
(e) A dispensing organization shall inspect and count | ||
product received from a transporting organization, adult use | ||
cultivation center, craft grower, infuser organization, or | ||
other dispensing organization before dispensing it. | ||
(f) A dispensing organization may only accept cannabis | ||
deliveries into a restricted access area. Deliveries may not | ||
be accepted through the public or limited access areas unless | ||
otherwise approved by the Department. | ||
(g) A dispensing organization shall maintain compliance | ||
with State and local building, fire, and zoning requirements | ||
or regulations. | ||
(h) A dispensing organization shall submit a list to the | ||
Department of the names of all service professionals that will | ||
work at the dispensary. The list shall include a description | ||
of the type of business or service provided. Changes to the | ||
service professional list shall be promptly provided. No | ||
service professional shall work in the dispensary until the | ||
name is provided to the Department on the service professional |
list. | ||
(i) A dispensing organization's license allows for a | ||
dispensary to be operated only at a single location. | ||
(j) A dispensary may operate between 6 a.m. and 10 p.m. | ||
local time. | ||
(k) A dispensing organization must keep all lighting | ||
outside and inside the dispensary in good working order and | ||
wattage sufficient for security cameras. | ||
(l) A dispensing organization must keep all air treatment | ||
systems that will be installed to reduce odors in good working | ||
order. | ||
(m) A dispensing organization must contract with a private | ||
security contractor that is licensed under Section 10-5 of the | ||
Private Detective, Private Alarm, Private Security, | ||
Fingerprint Vendor, and Locksmith Act of 2004 to provide | ||
on-site security at all hours of the dispensary's operation. | ||
(n) A dispensing organization shall ensure that any | ||
building or equipment used by a dispensing organization for | ||
the storage or sale of cannabis is maintained in a clean and | ||
sanitary condition. | ||
(o) The dispensary shall be free from infestation by | ||
insects, rodents, or pests. | ||
(p) A dispensing organization shall not: | ||
(1) Produce or manufacture cannabis; | ||
(2) Accept a cannabis product from an adult use | ||
cultivation center, craft grower, infuser, dispensing |
organization, or transporting organization unless it is | ||
pre-packaged and labeled in accordance with this Act and | ||
any rules that may be adopted pursuant to this Act; | ||
(3) Obtain cannabis or cannabis-infused products from | ||
outside the State of Illinois; | ||
(4) Sell cannabis or cannabis-infused products to a | ||
purchaser unless the dispensing organization is licensed | ||
under the Compassionate Use of Medical Cannabis Program | ||
Act, and the individual is registered under the | ||
Compassionate Use of Medical Cannabis Program or the | ||
purchaser has been verified to be 21 years of age or older; | ||
(5) Enter into an exclusive agreement with any adult | ||
use cultivation center, craft grower, or infuser. | ||
Dispensaries shall provide consumers an assortment of | ||
products from various cannabis business establishment | ||
licensees such that the inventory available for sale at | ||
any dispensary from any single cultivation center, craft | ||
grower, processor, transporter, or infuser entity shall | ||
not be more than 40% of the total inventory available for | ||
sale. For the purpose of this subsection, a cultivation | ||
center, craft grower, processor, or infuser shall be | ||
considered part of the same entity if the licensees share | ||
at least one principal officer. The Department may request | ||
that a dispensary diversify its products as needed or | ||
otherwise discipline a dispensing organization for | ||
violating this requirement; |
(6) Refuse to conduct business with an adult use | ||
cultivation center, craft grower, transporting | ||
organization, or infuser that has the ability to properly | ||
deliver the product and is permitted by the Department of | ||
Agriculture, on the same terms as other adult use | ||
cultivation centers, craft growers, infusers, or | ||
transporters with whom it is dealing; | ||
(7) Operate drive-through windows; | ||
(8) Allow for the dispensing of cannabis or | ||
cannabis-infused products in vending machines; | ||
(9) Transport cannabis to residences or other | ||
locations where purchasers may be for delivery; | ||
(10) Enter into agreements to allow persons who are | ||
not dispensing organization agents to deliver cannabis or | ||
to transport cannabis to purchasers; | ||
(11) Operate a dispensary if its video surveillance | ||
equipment is inoperative; | ||
(12) Operate a dispensary if the point-of-sale | ||
equipment is inoperative; | ||
(13) Operate a dispensary if the State's cannabis | ||
electronic verification system is inoperative; | ||
(14) Have fewer than 2 people working at the | ||
dispensary at any time while the dispensary is open; | ||
(15) Be located within 1,500 feet of the property line | ||
of a pre-existing dispensing organization , unless the | ||
applicant is a Social Equity Applicant or Social Equity |
Justice Involved Applicant located or seeking to locate | ||
within 1,500 feet of a dispensing organization licensed | ||
under Section 15-15 or Section 15-20 ; | ||
(16) Sell clones or any other live plant material; | ||
(17) Sell cannabis, cannabis concentrate, or | ||
cannabis-infused products in combination or bundled with | ||
each other or any other items for one price, and each item | ||
of cannabis, concentrate, or cannabis-infused product must | ||
be separately identified by quantity and price on the | ||
receipt; | ||
(18) Violate any other requirements or prohibitions | ||
set by Department rules. | ||
(q) It is unlawful for any person having an Early Approval | ||
Adult Use Cannabis Dispensing Organization License, a | ||
Conditional Adult Use Cannabis Dispensing Organization, an | ||
Adult Use Dispensing Organization License, or a medical | ||
cannabis dispensing organization license issued under the | ||
Compassionate Use of Medical Cannabis Program Act or any | ||
officer, associate, member, representative, or agent of such
| ||
licensee to accept, receive, or borrow money or anything else
| ||
of value or accept or receive credit (other than merchandising
| ||
credit in the ordinary course of business for a period not to
| ||
exceed 30 days) directly or indirectly from any adult use
| ||
cultivation center, craft grower, infuser, or transporting
| ||
organization in exchange for preferential placement on the | ||
dispensing organization's shelves, display cases, or website. |
This includes anything received or borrowed or from any | ||
stockholders, officers, agents, or persons connected with an | ||
adult
use cultivation center, craft grower, infuser, or
| ||
transporting organization. | ||
(r) It is unlawful for any person having an Early Approval | ||
Adult Use Cannabis Dispensing Organization License, a | ||
Conditional Adult Use Cannabis Dispensing Organization, an | ||
Adult Use Dispensing Organization License, or a medical | ||
cannabis dispensing organization license issued under the | ||
Compassionate Use of Medical Cannabis Program to enter into | ||
any contract with any person licensed to cultivate, process, | ||
or transport cannabis whereby such dispensing organization | ||
agrees not to sell any cannabis cultivated, processed, | ||
transported, manufactured, or distributed by any other | ||
cultivator, transporter, or infuser, and any provision in any | ||
contract violative of this Section shall render the whole of | ||
such contract void and no action shall be brought thereon in | ||
any court.
| ||
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) | ||
(410 ILCS 705/15-85)
| ||
Sec. 15-85. Dispensing cannabis. | ||
(a) Before a dispensing organization agent dispenses | ||
cannabis to a purchaser, the agent shall: | ||
(1) Verify the age of the purchaser by checking a | ||
government-issued identification card by use of an |
electronic reader or electronic scanning device to scan a | ||
purchaser's government-issued identification, if | ||
applicable, to determine the purchaser's age and the | ||
validity of the identification; | ||
(2) Verify the validity of the government-issued | ||
identification card by use of an electronic reader or | ||
electronic scanning device to scan a purchaser's | ||
government-issued identification, if applicable, to | ||
determine the purchaser's age and the validity of the | ||
identification; | ||
(3) Offer any appropriate purchaser education or | ||
support materials; | ||
(4) Enter the following information into the State's | ||
cannabis electronic verification system: | ||
(i) The dispensing organization agent's | ||
identification number , or if the agent's card | ||
application is pending the Department's approval, a | ||
temporary and unique identifier until the agent's card | ||
application is approved or denied by the Department ; | ||
(ii) The dispensing organization's identification | ||
number; | ||
(iii) The amount, type (including strain, if | ||
applicable) of cannabis or cannabis-infused product | ||
dispensed; | ||
(iv) The date and time the cannabis was dispensed. | ||
(b) A dispensing organization shall refuse to sell |
cannabis or cannabis-infused products to any person unless the | ||
person produces a valid identification showing that the person | ||
is 21 years of age or older. A medical cannabis dispensing | ||
organization may sell cannabis or cannabis-infused products to | ||
a person who is under 21 years of age if the sale complies with | ||
the provisions of the Compassionate Use of Medical Cannabis | ||
Program Act and rules. | ||
(c) For the purposes of this Section, valid identification | ||
must: | ||
(1) Be valid and unexpired; | ||
(2) Contain a photograph and the date of birth of the | ||
person.
| ||
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) | ||
(410 ILCS 705/15-135)
| ||
Sec. 15-135. Investigations. | ||
(a) Dispensing organizations are subject to random and | ||
unannounced dispensary inspections and cannabis testing by the | ||
Department, the Department of State Police, and local law | ||
enforcement , or as provided by rule . | ||
(b) The Department and its authorized representatives may | ||
enter any place, including a vehicle, in which cannabis is | ||
held, stored, dispensed, sold, produced, delivered, | ||
transported, manufactured, or disposed of and inspect, in a | ||
reasonable manner, the place and all pertinent equipment, | ||
containers and labeling, and all things including records, |
files, financial data, sales data, shipping data, pricing | ||
data, personnel data, research, papers, processes, controls, | ||
and facility, and inventory any stock of cannabis and obtain | ||
samples of any cannabis or cannabis-infused product, any | ||
labels or containers for cannabis, or paraphernalia. | ||
(c) The Department may conduct an investigation of an | ||
applicant, application, dispensing organization, principal | ||
officer, dispensary agent, third party vendor, or any other | ||
party associated with a dispensing organization for an alleged | ||
violation of this Act or rules or to determine qualifications | ||
to be granted a registration by the Department. | ||
(d) The Department may require an applicant or holder of | ||
any license issued pursuant to this Article to produce | ||
documents, records, or any other material pertinent to the | ||
investigation of an application or alleged violations of this | ||
Act or rules. Failure to provide the required material may be | ||
grounds for denial or discipline. | ||
(e) Every person charged with preparation, obtaining, or | ||
keeping records, logs, reports, or other documents in | ||
connection with this Act and rules and every person in charge, | ||
or having custody, of those documents shall, upon request by | ||
the Department, make the documents immediately available for | ||
inspection and copying by the Department, the Department's | ||
authorized representative, or others authorized by law to | ||
review the documents.
| ||
(Source: P.A. 101-27, eff. 6-25-19.) |
(410 ILCS 705/20-30)
| ||
Sec. 20-30. Cultivation center requirements; prohibitions. | ||
(a) The operating documents of a cultivation center shall | ||
include procedures for the oversight of the cultivation center | ||
a cannabis plant monitoring system including a physical | ||
inventory recorded weekly, accurate recordkeeping, and a | ||
staffing plan. | ||
(b) A cultivation center shall implement a security plan | ||
reviewed by the Department of State Police that includes, but | ||
is not limited to: facility access controls, perimeter | ||
intrusion detection systems, personnel identification systems, | ||
24-hour surveillance system to monitor the interior and | ||
exterior of the cultivation center facility and accessibility | ||
to authorized law enforcement, the Department of Public Health | ||
where processing takes place, and the Department of | ||
Agriculture in real time. | ||
(c) All cultivation of cannabis by a cultivation center | ||
must take place in an enclosed, locked facility at the | ||
physical address provided to the Department of Agriculture | ||
during the licensing process. The cultivation center location | ||
shall only be accessed by the agents working for the | ||
cultivation center, the Department of Agriculture staff | ||
performing inspections, the Department of Public Health staff | ||
performing inspections, local and State law enforcement or | ||
other emergency personnel, contractors working on jobs |
unrelated to cannabis, such as installing or maintaining | ||
security devices or performing electrical wiring, transporting | ||
organization agents as provided in this Act, individuals in a | ||
mentoring or educational program approved by the State, or | ||
other individuals as provided by rule. | ||
(d) A cultivation center may not sell or distribute any | ||
cannabis or cannabis-infused products to any person other than | ||
a dispensing organization, craft grower, infuser organization, | ||
transporter, or as otherwise authorized by rule. | ||
(e) A cultivation center may not either directly or | ||
indirectly discriminate in price between different dispensing | ||
organizations, craft growers, or infuser organizations that | ||
are purchasing a like grade, strain, brand, and quality of | ||
cannabis or cannabis-infused product. Nothing in this | ||
subsection (e) prevents a cultivation centers from pricing | ||
cannabis differently based on differences in the cost of | ||
manufacturing or processing, the quantities sold, such as | ||
volume discounts, or the way the products are delivered. | ||
(f) All cannabis harvested by a cultivation center and | ||
intended for distribution to a dispensing organization must be | ||
entered into a data collection system, packaged and labeled | ||
under Section 55-21, and placed into a cannabis container for | ||
transport. All cannabis harvested by a cultivation center and | ||
intended for distribution to a craft grower or infuser | ||
organization must be packaged in a labeled cannabis container | ||
and entered into a data collection system before transport. |
(g) Cultivation centers are subject to random inspections | ||
by the Department of Agriculture, the Department of Public | ||
Health, local safety or health inspectors, and the Department | ||
of State Police , or as provided by rule . | ||
(h) A cultivation center agent shall notify local law | ||
enforcement, the Department of State Police, and the | ||
Department of Agriculture within 24 hours of the discovery of | ||
any loss or theft. Notification shall be made by phone or in | ||
person, or by written or electronic communication. | ||
(i) A cultivation center shall comply with all State and | ||
any applicable federal rules and regulations regarding the use | ||
of pesticides on cannabis plants. | ||
(j) No person or entity shall hold any legal, equitable, | ||
ownership, or beneficial interest, directly or indirectly, of | ||
more than 3 cultivation centers licensed under this Article. | ||
Further, no person or entity that is employed by, an agent of, | ||
has a contract to receive payment in any form from a | ||
cultivation center, is a principal officer of a cultivation | ||
center, or entity controlled by or affiliated with a principal | ||
officer of a cultivation shall hold any legal, equitable, | ||
ownership, or beneficial interest, directly or indirectly, in | ||
a cultivation that would result in the person or entity owning | ||
or controlling in combination with any cultivation center, | ||
principal officer of a cultivation center, or entity | ||
controlled or affiliated with a principal officer of a | ||
cultivation center by which he, she, or it is employed, is an |
agent of, or participates in the management of, more than 3 | ||
cultivation center licenses. | ||
(k) A cultivation center may not contain more than 210,000 | ||
square feet of canopy space for plants in the flowering stage | ||
for cultivation of adult use cannabis as provided in this Act. | ||
(l) A cultivation center may process cannabis, cannabis | ||
concentrates, and cannabis-infused products. | ||
(m) Beginning July 1, 2020, a cultivation center shall not | ||
transport cannabis or cannabis-infused products to a craft | ||
grower, dispensing organization, infuser organization, or | ||
laboratory licensed under this Act, unless it has obtained a | ||
transporting organization license. | ||
(n) It is unlawful for any person having a cultivation | ||
center license or any officer, associate, member, | ||
representative, or agent of such licensee to offer or deliver | ||
money, or anything else of value, directly or indirectly to | ||
any person having an Early Approval Adult Use Dispensing | ||
Organization License, a Conditional Adult Use Dispensing | ||
Organization License, an Adult Use Dispensing Organization | ||
License, or a medical cannabis dispensing organization license | ||
issued under the Compassionate Use of Medical Cannabis Program | ||
Act, or to any person connected with or in any way | ||
representing, or to any member of the family of, such person | ||
holding an Early Approval Adult Use Dispensing Organization | ||
License, a Conditional Adult Use Dispensing Organization | ||
License, an Adult Use Dispensing Organization License, or a |
medical cannabis dispensing organization license issued under | ||
the Compassionate Use of Medical Cannabis Program Act, or to | ||
any stockholders in any corporation engaged in the retail sale | ||
of cannabis, or to any officer, manager, agent, or | ||
representative of the Early Approval Adult Use Dispensing | ||
Organization License, a Conditional Adult Use Dispensing | ||
Organization License, an Adult Use Dispensing Organization | ||
License, or a medical cannabis dispensing organization license | ||
issued under the Compassionate Use of Medical Cannabis Program | ||
Act to obtain preferential placement within the dispensing | ||
organization, including, without limitation, on shelves and in | ||
display cases where purchasers can view products, or on the | ||
dispensing organization's website. | ||
(o) A cultivation center must comply with any other | ||
requirements or prohibitions set by administrative rule of the | ||
Department of Agriculture.
| ||
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) | ||
(410 ILCS 705/20-55 new) | ||
Sec. 20-55. Disclosure of ownership and control. | ||
(a) Each Adult Use Cultivation Center applicant and | ||
license holder shall file and maintain a Table of | ||
Organization, Ownership, and Control with the Department. The | ||
Table of Organization, Ownership, and Control shall contain | ||
the information required by this Section in sufficient detail | ||
to identify all owners, directors, and principal officers, and |
the title of each principal officer or business entity that, | ||
through direct or indirect means, manages, owns, or controls | ||
the applicant or license holder. | ||
(b) The Table of Organization, Ownership, and Control | ||
shall identify the following information: | ||
(1) The management structure, ownership, and control
| ||
of the applicant or license holder including the name of | ||
each principal officer or business entity, the office or | ||
position held, and the percentage ownership interest, if | ||
any. If the business entity has a parent company, the name | ||
of each owner, board member, and officer of the parent | ||
company and his or her percentage ownership interest in | ||
the parent company and the Adult Use Cultivation Center. | ||
(2) If the applicant or licensee is a business entity
| ||
with publicly traded stock, the identification of | ||
ownership shall be provided as required in subsection (c). | ||
(c) If a business entity identified in subsection (b) is a | ||
publicly traded company, the following information shall be | ||
provided in the Table of Organization, Ownership, and Control: | ||
(1) The name and percentage of ownership interest of | ||
each individual or business entity with ownership of more | ||
than 5% of the voting shares of the entity, to the extent | ||
such information is known or contained in 13D or 13G | ||
Securities and Exchange Commission filings. | ||
(2) To the extent known, the names and percentage of
| ||
interest of ownership of persons who are relatives of one |
another and who together exercise control over or own more | ||
than 10% of the voting shares of the entity. | ||
(d) An Adult Use Cultivation Center with a parent company | ||
or companies, or partially owned or controlled by another | ||
entity must disclose to the Department the relationship and | ||
all owners, board members, officers, or individuals with | ||
control or management of those entities. An Adult Use | ||
Cultivation Center shall not shield its ownership or control | ||
from the Department. | ||
(e) All principal officers must submit a complete online | ||
application with the Department within 14 days of the Adult | ||
Use Cultivation Center being licensed by the Department or | ||
within 14 days of Department notice of approval as a new | ||
principal officer. | ||
(f) A principal officer may not allow his or her | ||
registration to expire. | ||
(g) An Adult Use Cultivation Center separating with a | ||
principal officer must do so under this Act. The principal | ||
officer must communicate the separation to the Department | ||
within 5 business days. | ||
(h) A principal officer not in compliance with the | ||
requirements of this Act shall be removed from his or her | ||
position with the Adult Use Cultivation Center or shall | ||
otherwise terminate his or her affiliation. Failure to do so | ||
may subject the Adult Use Cultivation Center to discipline, | ||
suspension, or revocation of its license by the Department. |
(i) It is the responsibility of the Adult Use Cultivation | ||
Center and its principal officers to promptly notify the | ||
Department of any change of the principal place of business | ||
address, hours of operation, change in ownership or control, | ||
or a change of the Adult Use Cultivation Center's primary or | ||
secondary contact information. Any changes must be made to the | ||
Department in writing. | ||
(410 ILCS 705/25-5) | ||
(Section scheduled to be repealed on July 1, 2026)
| ||
Sec. 25-5. Administration. | ||
(a) The Department shall establish and administer the | ||
Program in coordination with the Illinois Community College | ||
Board. The Department may issue up to 8 Program licenses to | ||
applicants that meet the requirements outlined in this Article | ||
by September 1, 2020 . | ||
(b) Beginning with the 2021-2022 academic year, and | ||
subject to subsection (h) of Section 2-12 of the Public | ||
Community College Act, community colleges awarded Program | ||
licenses may offer qualifying students a Career in Cannabis | ||
Certificate, which includes, but is not limited to, courses | ||
that allow participating students to work with, study, and | ||
grow live cannabis plants so as to prepare students for a | ||
career in the legal cannabis industry, and to instruct | ||
participating students on the best business practices, | ||
professional responsibility, and legal compliance of the |
cannabis business industry. | ||
(c) The Board may issue rules pertaining to the provisions | ||
in this Act. | ||
(d) Notwithstanding any other provision of this Act, | ||
students shall be at least 18 years old in order to enroll in a | ||
licensee's Career in Cannabis Certificate's prescribed course | ||
of study.
| ||
(Source: P.A. 101-27, eff. 6-25-19.) | ||
(410 ILCS 705/25-30) | ||
(Section scheduled to be repealed on July 1, 2026)
| ||
Sec. 25-30. Inspection rights. | ||
(a) A licensee's enclosed, locked facilities are subject | ||
to random inspections by the Department , and the Department of | ||
State Police , or as provided by rule . | ||
(b) Nothing in this Section shall be construed to give the | ||
Department , or the Department of State Police , or any other | ||
entity identified by rule under subsection (a) a right of | ||
inspection or access to any location on the licensee's | ||
premises beyond the facilities licensed under this Article.
| ||
(Source: P.A. 101-27, eff. 6-25-19.) | ||
(410 ILCS 705/25-35) | ||
(Section scheduled to be repealed on July 1, 2026)
| ||
Sec. 25-35. Community College Cannabis Vocational Training | ||
Pilot Program faculty participant agent identification card. |
(a) The Department shall: | ||
(1) establish by rule the information required in an | ||
initial application or renewal application for an agent | ||
identification card submitted under this Article and the | ||
nonrefundable fee to accompany the initial application or | ||
renewal application; | ||
(2) verify the information contained in an initial | ||
application or renewal application for an agent | ||
identification card submitted under this Article, and | ||
approve or deny an application within 30 days of receiving | ||
a completed initial application or renewal application and | ||
all supporting documentation required by rule; | ||
(3) issue an agent identification card to a qualifying | ||
agent within 15 business days of approving the initial | ||
application or renewal application; | ||
(4) enter the license number of the community college | ||
where the agent works; and | ||
(5) allow for an electronic initial application and | ||
renewal application process, and provide a confirmation by | ||
electronic or other methods that an application has been | ||
submitted. Each Department may by rule require prospective | ||
agents to file their applications by electronic means and | ||
to provide notices to the agents by electronic means. | ||
(b) An agent must keep his or her identification card | ||
visible at all times when in the enclosed, locked facility, or | ||
facilities for which he or she is an agent. |
(c) The agent identification cards shall contain the | ||
following: | ||
(1) the name of the cardholder; | ||
(2) the date of issuance and expiration date of the | ||
identification card; | ||
(3) a random 10-digit alphanumeric identification | ||
number containing at least 4 numbers and at least 4 | ||
letters that is unique to the holder; | ||
(4) a photograph of the cardholder; and | ||
(5) the legal name of the community college employing | ||
the agent. | ||
(d) An agent identification card shall be immediately | ||
returned to the community college of the agent upon | ||
termination of his or her employment. | ||
(e) Any agent identification card lost shall be reported | ||
to the Department of State Police and the Department of | ||
Agriculture immediately upon discovery of the loss. | ||
(f) An agent applicant may begin employment at a Community | ||
College Cannabis Vocational Training Pilot Program while the | ||
agent applicant's identification card application is pending. | ||
Upon approval, the Department shall issue the agent's | ||
identification card to the agent. If denied, the Community | ||
College Cannabis Vocational Training Pilot Program and the | ||
agent applicant shall be notified and the agent applicant must | ||
cease all activity at the Community College Cannabis | ||
Vocational Training Pilot Program immediately.
|
(Source: P.A. 101-27, eff. 6-25-19.) | ||
(410 ILCS 705/30-5)
| ||
Sec. 30-5. Issuance of licenses. | ||
(a) The Department of Agriculture shall issue up to 40 | ||
craft grower licenses by July 1, 2020. Any person or entity | ||
awarded a license pursuant to this subsection shall only hold | ||
one craft grower license and may not sell that license until | ||
after December 21, 2021. | ||
(b) By December 21, 2021, the Department of Agriculture | ||
shall issue up to 60 additional craft grower licenses. Any | ||
person or entity awarded a license pursuant to this subsection | ||
shall not hold more than 2 craft grower licenses. The person or | ||
entity awarded a license pursuant to this subsection or | ||
subsection (a) of this Section may sell its craft grower | ||
license subject to the restrictions of this Act or as | ||
determined by administrative rule. Prior to issuing such | ||
licenses, the Department may adopt rules through emergency | ||
rulemaking in accordance with subsection (kk) (gg) of Section | ||
5-45 of the Illinois Administrative Procedure Act, to modify | ||
or raise the number of craft grower licenses and modify or | ||
change the licensing application process to reduce or | ||
eliminate barriers . The General Assembly finds that the | ||
adoption of rules to regulate cannabis use is deemed an | ||
emergency and necessary for the public interest, safety, and | ||
welfare. In determining whether to exercise the authority |
granted by this subsection, the Department of Agriculture must | ||
consider the following factors: | ||
(1) the percentage of cannabis sales occurring in | ||
Illinois not in the regulated market using data from the | ||
Substance Abuse and Mental Health Services Administration, | ||
National Survey on Drug Use and Health, Illinois | ||
Behavioral Risk Factor Surveillance System, and tourism | ||
data from the Illinois Office of Tourism to ascertain | ||
total cannabis consumption in Illinois compared to the | ||
amount of sales in licensed dispensing organizations; | ||
(2) whether there is an adequate supply of cannabis | ||
and cannabis-infused products to serve registered medical | ||
cannabis patients; | ||
(3) whether there is an adequate supply of cannabis | ||
and cannabis-infused products to serve purchasers; | ||
(4) whether there is an oversupply of cannabis in | ||
Illinois leading to trafficking of cannabis to states | ||
where the sale of cannabis is not permitted by law; | ||
(5) population increases or shifts; | ||
(6) the density of craft growers in any area of the | ||
State; | ||
(7) perceived security risks of increasing the number | ||
or location of craft growers; | ||
(8) the past safety record of craft growers; | ||
(9) the Department of Agriculture's capacity to | ||
appropriately regulate additional licensees; |
(10) (blank) the findings and recommendations from the | ||
disparity and availability study commissioned by the | ||
Illinois Cannabis Regulation Oversight Officer to reduce | ||
or eliminate any identified barriers to entry in the | ||
cannabis industry ; and | ||
(11) any other criteria the Department of Agriculture | ||
deems relevant. | ||
(c) After January 1, 2022, the Department of Agriculture | ||
may by rule modify or raise the number of craft grower licenses | ||
and modify or change the licensing application process to | ||
reduce or eliminate barriers based on the criteria in | ||
subsection (b) . At no time may the number of craft grower | ||
licenses exceed 150. Any person or entity awarded a license | ||
pursuant to this subsection shall not hold more than 3 craft | ||
grower licenses. A person or entity awarded a license pursuant | ||
to this subsection or subsection (a) or subsection (b) of this | ||
Section may sell its craft grower license or licenses subject | ||
to the restrictions of this Act or as determined by | ||
administrative rule.
| ||
(d) Upon the completion of the disparity and availability | ||
study pertaining to craft growers by the Cannabis Regulation | ||
Oversight Officer pursuant to subsection (e) of Section 5-45, | ||
the Department may modify or change the licensing application | ||
process to reduce or eliminate barriers from and remedy | ||
evidence of discrimination identified in the disparity and | ||
availability study. |
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) | ||
(410 ILCS 705/30-30)
| ||
Sec. 30-30. Craft grower requirements; prohibitions. | ||
(a) The operating documents of a craft grower shall | ||
include procedures for the oversight of the craft grower, a | ||
cannabis plant monitoring system including a physical | ||
inventory recorded weekly, accurate recordkeeping, and a | ||
staffing plan. | ||
(b) A craft grower shall implement a security plan | ||
reviewed by the Department of State Police that includes, but | ||
is not limited to: facility access controls, perimeter | ||
intrusion detection systems, personnel identification systems, | ||
and a 24-hour surveillance system to monitor the interior and | ||
exterior of the craft grower facility and that is accessible | ||
to authorized law enforcement and the Department of | ||
Agriculture in real time. | ||
(c) All cultivation of cannabis by a craft grower must | ||
take place in an enclosed, locked facility at the physical | ||
address provided to the Department of Agriculture during the | ||
licensing process. The craft grower location shall only be | ||
accessed by the agents working for the craft grower, the | ||
Department of Agriculture staff performing inspections, the | ||
Department of Public Health staff performing inspections, | ||
State and local law enforcement or other emergency personnel, | ||
contractors working on jobs unrelated to cannabis, such as |
installing or maintaining security devices or performing | ||
electrical wiring, transporting organization agents as | ||
provided in this Act, or participants in the incubator | ||
program, individuals in a mentoring or educational program | ||
approved by the State, or other individuals as provided by | ||
rule. However, if a craft grower shares a premises with an | ||
infuser or dispensing organization, agents from those other | ||
licensees may access the craft grower portion of the premises | ||
if that is the location of common bathrooms, lunchrooms, | ||
locker rooms, or other areas of the building where work or | ||
cultivation of cannabis is not performed. At no time may an | ||
infuser or dispensing organization agent perform work at a | ||
craft grower without being a registered agent of the craft | ||
grower. | ||
(d) A craft grower may not sell or distribute any cannabis | ||
to any person other than a cultivation center, a craft grower, | ||
an infuser organization, a dispensing organization, or as | ||
otherwise authorized by rule. | ||
(e) A craft grower may not be located in an area zoned for | ||
residential use. | ||
(f) A craft grower may not either directly or indirectly | ||
discriminate in price between different cannabis business | ||
establishments that are purchasing a like grade, strain, | ||
brand, and quality of cannabis or cannabis-infused product. | ||
Nothing in this subsection (f) prevents a craft grower from | ||
pricing cannabis differently based on differences in the cost |
of manufacturing or processing, the quantities sold, such as | ||
volume discounts, or the way the products are delivered. | ||
(g) All cannabis harvested by a craft grower and intended | ||
for distribution to a dispensing organization must be entered | ||
into a data collection system, packaged and labeled under | ||
Section 55-21, and, if distribution is to a dispensing | ||
organization that does not share a premises with the | ||
dispensing organization receiving the cannabis, placed into a | ||
cannabis container for transport. All cannabis harvested by a | ||
craft grower and intended for distribution to a cultivation | ||
center, to an infuser organization, or to a craft grower with | ||
which it does not share a premises, must be packaged in a | ||
labeled cannabis container and entered into a data collection | ||
system before transport. | ||
(h) Craft growers are subject to random inspections by the | ||
Department of Agriculture, local safety or health inspectors, | ||
and the Department of State Police , or as provided by rule . | ||
(i) A craft grower agent shall notify local law | ||
enforcement, the Department of State Police, and the | ||
Department of Agriculture within 24 hours of the discovery of | ||
any loss or theft. Notification shall be made by phone, in | ||
person, or written or electronic communication. | ||
(j) A craft grower shall comply with all State and any | ||
applicable federal rules and regulations regarding the use of | ||
pesticides. | ||
(k) A craft grower or craft grower agent shall not |
transport cannabis or cannabis-infused products to any other | ||
cannabis business establishment without a transport | ||
organization license unless: | ||
(i) If the craft grower is located in a county with a | ||
population of 3,000,000 or more, the cannabis business | ||
establishment receiving the cannabis is within 2,000 feet | ||
of the property line of the craft grower; | ||
(ii) If the craft grower is located in a county with a | ||
population of more than 700,000 but fewer than 3,000,000, | ||
the cannabis business establishment receiving the cannabis | ||
is within 2 miles of the craft grower; or | ||
(iii) If the craft grower is located in a county with a | ||
population of fewer than 700,000, the cannabis business | ||
establishment receiving the cannabis is within 15 miles of | ||
the craft grower. | ||
(l) A craft grower may enter into a contract with a | ||
transporting organization to transport cannabis to a | ||
cultivation center, a craft grower, an infuser organization, a | ||
dispensing organization, or a laboratory. | ||
(m) No person or entity shall hold any legal, equitable, | ||
ownership, or beneficial interest, directly or indirectly, of | ||
more than 3 craft grower licenses. Further, no person or | ||
entity that is employed by, an agent of, or has a contract to | ||
receive payment from or participate in the management of a | ||
craft grower, is a principal officer of a craft grower, or | ||
entity controlled by or affiliated with a principal officer of |
a craft grower shall hold any legal, equitable, ownership, or | ||
beneficial interest, directly or indirectly, in a craft grower | ||
license that would result in the person or entity owning or | ||
controlling in combination with any craft grower, principal | ||
officer of a craft grower, or entity controlled or affiliated | ||
with a principal officer of a craft grower by which he, she, or | ||
it is employed, is an agent of, or participates in the | ||
management of more than 3 craft grower licenses. | ||
(n) It is unlawful for any person having a craft grower | ||
license or any officer, associate, member, representative, or | ||
agent of the licensee to offer or deliver money, or anything | ||
else of value, directly or indirectly, to any person having an | ||
Early Approval Adult Use Dispensing Organization License, a | ||
Conditional Adult Use Dispensing Organization License, an | ||
Adult Use Dispensing Organization License, or a medical | ||
cannabis dispensing organization license issued under the | ||
Compassionate Use of Medical Cannabis Program Act, or to any | ||
person connected with or in any way representing, or to any | ||
member of the family of, the person holding an Early Approval | ||
Adult Use Dispensing Organization License, a Conditional Adult | ||
Use Dispensing Organization License, an Adult Use Dispensing | ||
Organization License, or a medical cannabis dispensing | ||
organization license issued under the Compassionate Use of | ||
Medical Cannabis Program Act, or to any stockholders in any | ||
corporation engaged in the retail sale of cannabis, or to any | ||
officer, manager, agent, or representative of the Early |
Approval Adult Use Dispensing Organization License, a | ||
Conditional Adult Use Dispensing Organization License, an | ||
Adult Use Dispensing Organization License, or a medical | ||
cannabis dispensing organization license issued under the | ||
Compassionate Use of Medical Cannabis Program Act to obtain | ||
preferential placement within the dispensing organization, | ||
including, without limitation, on shelves and in display cases | ||
where purchasers can view products, or on the dispensing | ||
organization's website. | ||
(o) A craft grower shall not be located within 1,500 feet | ||
of another craft grower or a cultivation center. | ||
(p) A craft grower may process cannabis, cannabis | ||
concentrates, and cannabis-infused products. | ||
(q) A craft grower must comply with any other requirements | ||
or prohibitions set by administrative rule of the Department | ||
of Agriculture.
| ||
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) | ||
(410 ILCS 705/30-55 new) | ||
Sec. 30-55. Disclosure of ownership and control. | ||
(a) Each craft grower applicant and licensee shall file | ||
and maintain a Table of Organization, Ownership, and Control | ||
with the Department. The Table of Organization, Ownership, and | ||
Control shall contain the information required by this Section | ||
in sufficient detail to identify all owners, directors, and | ||
principal officers, and the title of each principal officer or |
business entity that, through direct or indirect means, | ||
manages, owns, or controls the applicant or licensee. | ||
(b) The Table of Organization, Ownership and Control shall | ||
identify the following information: | ||
(1) The management structure, ownership, and control
| ||
of the applicant or license holder including the name of | ||
each principal officer or business entity, the office or | ||
position held, and the percentage ownership interest, if | ||
any. If the business entity has a parent company, the name | ||
of each owner, board member, and officer of the parent | ||
company and his or her percentage ownership interest in | ||
the parent company and the craft grower. | ||
(2) If the applicant or licensee is a business entity
| ||
with publicly traded stock, the identification of | ||
ownership shall be provided as required in subsection (c). | ||
(c) If a business entity identified in subsection (b) is a | ||
publicly traded company, the following information shall be | ||
provided in the Table of Organization, Ownership, and Control: | ||
(1) The name and percentage of ownership interest of | ||
each individual or business entity with ownership of more | ||
than 5% of the voting shares of the entity, to the extent | ||
such information is known or contained in 13D or 13G | ||
Securities and Exchange Commission filings. | ||
(2) To the extent known, the names and percentage of
| ||
interest of ownership of persons who are relatives of one | ||
another and who together exercise control over or own more |
than 10% of the voting shares of the entity. | ||
(d) A craft grower with a parent company or companies, or | ||
partially owned or controlled by another entity must disclose | ||
to the Department the relationship and all owners, board | ||
members, officers, or individuals with control or management | ||
of those entities. A craft grower shall not shield its | ||
ownership or control from the Department. | ||
(e) All principal officers must submit a complete online | ||
application with the Department within 14 days of the craft | ||
grower being licensed by the Department or within 14 days of | ||
Department notice of approval as a new principal officer. | ||
(f) A principal officer may not allow his or her | ||
registration to expire. | ||
(g) A craft grower separating with a principal officer | ||
must do so under this Act. The principal officer must | ||
communicate the separation to the Department within 5 business | ||
days. | ||
(h) A principal officer not in compliance with the | ||
requirements of this Act shall be removed from his or her | ||
position with the craft grower or shall otherwise terminate | ||
his or her affiliation. Failure to do so may subject the craft | ||
grower to discipline, suspension, or revocation of its license | ||
by the Department. | ||
(i) It is the responsibility of the craft grower and its | ||
principal officers to promptly notify the Department of any | ||
change of the principal place of business address, hours of |
operation, change in ownership or control, or a change of the | ||
craft grower's primary or secondary contact information. Any | ||
changes must be made to the Department in writing. | ||
(410 ILCS 705/35-5)
| ||
Sec. 35-5. Issuance of licenses. | ||
(a) The Department of Agriculture shall issue up to 40 | ||
infuser licenses through a process provided for in this | ||
Article no later than July 1, 2020. | ||
(b) The Department of Agriculture shall make the | ||
application for infuser licenses available on January 7, 2020, | ||
or if that date falls on a weekend or holiday, the business day | ||
immediately succeeding the weekend or holiday and every | ||
January 7 or succeeding business day thereafter, and shall | ||
receive such applications no later than March 15, 2020, or, if | ||
that date falls on a weekend or holiday, the business day | ||
immediately succeeding the weekend or holiday and every March | ||
15 or succeeding business day thereafter. | ||
(c) By December 21, 2021, the Department of Agriculture | ||
may issue up to 60 additional infuser licenses. Prior to | ||
issuing such licenses, the Department may adopt rules through | ||
emergency rulemaking in accordance with subsection (kk) (gg) | ||
of Section 5-45 of the Illinois Administrative Procedure Act, | ||
to modify or raise the number of infuser licenses and modify or | ||
change the licensing application process to reduce or | ||
eliminate barriers. The General Assembly finds that the |
adoption of rules to regulate cannabis use is deemed an | ||
emergency and necessary for the public interest, safety, and | ||
welfare. | ||
In determining whether to exercise the authority granted | ||
by this subsection, the Department of Agriculture must | ||
consider the following factors: | ||
(1) the percentage of cannabis sales occurring in | ||
Illinois not in the regulated market using data from the | ||
Substance Abuse and Mental Health Services Administration, | ||
National Survey on Drug Use and Health, Illinois | ||
Behavioral Risk Factor Surveillance System, and tourism | ||
data from the Illinois Office of Tourism to ascertain | ||
total cannabis consumption in Illinois compared to the | ||
amount of sales in licensed dispensing organizations; | ||
(2) whether there is an adequate supply of cannabis | ||
and cannabis-infused products to serve registered medical | ||
cannabis patients; | ||
(3) whether there is an adequate supply of cannabis | ||
and cannabis-infused products to serve purchasers; | ||
(4) whether there is an oversupply of cannabis in | ||
Illinois leading to trafficking of cannabis to any other | ||
state; | ||
(5) population increases or shifts; | ||
(6) changes to federal law; | ||
(7) perceived security risks of increasing the number | ||
or location of infuser organizations; |
(8) the past security records of infuser | ||
organizations; | ||
(9) the Department of Agriculture's capacity to | ||
appropriately regulate additional licenses; | ||
(10) (blank) the findings and recommendations from the | ||
disparity and availability study commissioned by the | ||
Illinois Cannabis Regulation Oversight Officer to reduce | ||
or eliminate any identified barriers to entry in the | ||
cannabis industry ; and | ||
(11) any other criteria the Department of Agriculture | ||
deems relevant. | ||
(d) After January 1, 2022, the Department of Agriculture | ||
may by rule modify or raise the number of infuser licenses, and | ||
modify or change the licensing application process to reduce | ||
or eliminate barriers based on the criteria in subsection (c).
| ||
(e) Upon the completion of the disparity and availability
| ||
study pertaining to infusers by the Cannabis Regulation | ||
Oversight Officer pursuant to subsection (e) of Section 5-45, | ||
the Department of Agriculture may modify or change the | ||
licensing application process to reduce or eliminate barriers | ||
and remedy evidence of discrimination identified in the study. | ||
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) | ||
(410 ILCS 705/35-25)
| ||
Sec. 35-25. Infuser organization requirements; | ||
prohibitions. |
(a) The operating documents of an infuser shall include | ||
procedures for the oversight of the infuser, an inventory | ||
monitoring system including a physical inventory recorded | ||
weekly, accurate recordkeeping, and a staffing plan. | ||
(b) An infuser shall implement a security plan reviewed by | ||
the Department of State Police that includes, but is not | ||
limited to: facility access controls, perimeter intrusion | ||
detection systems, personnel identification systems, and a | ||
24-hour surveillance system to monitor the interior and | ||
exterior of the infuser facility and that is accessible to | ||
authorized law enforcement, the Department of Public Health, | ||
and the Department of Agriculture in real time. | ||
(c) All processing of cannabis by an infuser must take | ||
place in an enclosed, locked facility at the physical address | ||
provided to the Department of Agriculture during the licensing | ||
process. The infuser location shall only be accessed by the | ||
agents working for the infuser, the Department of Agriculture | ||
staff performing inspections, the Department of Public Health | ||
staff performing inspections, State and local law enforcement | ||
or other emergency personnel, contractors working on jobs | ||
unrelated to cannabis, such as installing or maintaining | ||
security devices or performing electrical wiring, transporting | ||
organization agents as provided in this Act, participants in | ||
the incubator program, individuals in a mentoring or | ||
educational program approved by the State, local safety or | ||
health inspectors, or other individuals as provided by rule. |
However, if an infuser shares a premises with a craft grower or | ||
dispensing organization, agents from these other licensees may | ||
access the infuser portion of the premises if that is the | ||
location of common bathrooms, lunchrooms, locker rooms, or | ||
other areas of the building where processing of cannabis is | ||
not performed. At no time may a craft grower or dispensing | ||
organization agent perform work at an infuser without being a | ||
registered agent of the infuser. | ||
(d) An infuser may not sell or distribute any cannabis to | ||
any person other than a dispensing organization, or as | ||
otherwise authorized by rule. | ||
(e) An infuser may not either directly or indirectly | ||
discriminate in price between different cannabis business | ||
establishments that are purchasing a like grade, strain, | ||
brand, and quality of cannabis or cannabis-infused product. | ||
Nothing in this subsection (e) prevents an infuser from | ||
pricing cannabis differently based on differences in the cost | ||
of manufacturing or processing, the quantities sold, such | ||
volume discounts, or the way the products are delivered. | ||
(f) All cannabis infused by an infuser and intended for | ||
distribution to a dispensing organization must be entered into | ||
a data collection system, packaged and labeled under Section | ||
55-21, and, if distribution is to a dispensing organization | ||
that does not share a premises with the infuser, placed into a | ||
cannabis container for transport. All cannabis produced by an | ||
infuser and intended for distribution to a cultivation center, |
infuser organization, or craft grower with which it does not | ||
share a premises, must be packaged in a labeled cannabis | ||
container and entered into a data collection system before | ||
transport. | ||
(g) Infusers are subject to random inspections by the | ||
Department of Agriculture, the Department of Public Health, | ||
the Department of State Police, and local law enforcement , or | ||
as provided by rule . | ||
(h) An infuser agent shall notify local law enforcement, | ||
the Department of State Police, and the Department of | ||
Agriculture within 24 hours of the discovery of any loss or | ||
theft. Notification shall be made by phone, in person, or by | ||
written or electronic communication. | ||
(i) An infuser organization may not be located in an area | ||
zoned for residential use. | ||
(j) An infuser or infuser agent shall not transport | ||
cannabis or cannabis-infused products to any other cannabis | ||
business establishment without a transport organization | ||
license unless: | ||
(i) If the infuser is located in a county with a | ||
population of 3,000,000 or more, the cannabis business | ||
establishment receiving the cannabis or cannabis-infused | ||
product is within 2,000 feet of the property line of the | ||
infuser; | ||
(ii) If the infuser is located in a county with a | ||
population of more than 700,000 but fewer than 3,000,000, |
the cannabis business establishment receiving the cannabis | ||
or cannabis-infused product is within 2 miles of the | ||
infuser; or | ||
(iii) If the infuser is located in a county with a | ||
population of fewer than 700,000, the cannabis business | ||
establishment receiving the cannabis or cannabis-infused | ||
product is within 15 miles of the infuser. | ||
(k) An infuser may enter into a contract with a | ||
transporting organization to transport cannabis to a | ||
dispensing organization or a laboratory. | ||
(l) An infuser organization may share premises with a | ||
craft grower or a dispensing organization, or both, provided | ||
each licensee stores currency and cannabis or cannabis-infused | ||
products in a separate secured vault to which the other | ||
licensee does not have access or all licensees sharing a vault | ||
share more than 50% of the same ownership. | ||
(m) It is unlawful for any person or entity having an | ||
infuser organization license or any officer, associate, | ||
member, representative or agent of such licensee to offer or | ||
deliver money, or anything else of value, directly or | ||
indirectly to any person having an Early Approval Adult Use | ||
Dispensing Organization License, a Conditional Adult Use | ||
Dispensing Organization License, an Adult Use Dispensing | ||
Organization License, or a medical cannabis dispensing | ||
organization license issued under the Compassionate Use of | ||
Medical Cannabis Program Act, or to any person connected with |
or in any way representing, or to any member of the family of, | ||
such person holding an Early Approval Adult Use Dispensing | ||
Organization License, a Conditional Adult Use Dispensing | ||
Organization License, an Adult Use Dispensing Organization | ||
License, or a medical cannabis dispensing organization license | ||
issued under the Compassionate Use of Medical Cannabis Program | ||
Act, or to any stockholders in any corporation engaged the | ||
retail sales of cannabis, or to any officer, manager, agent, | ||
or representative of the Early Approval Adult Use Dispensing | ||
Organization License, a Conditional Adult Use Dispensing | ||
Organization License, an Adult Use Dispensing Organization | ||
License, or a medical cannabis dispensing organization license | ||
issued under the Compassionate Use of Medical Cannabis Program | ||
Act to obtain preferential placement within the dispensing | ||
organization, including, without limitation, on shelves and in | ||
display cases where purchasers can view products, or on the | ||
dispensing organization's website. | ||
(n) At no time shall an infuser organization or an infuser | ||
agent perform the extraction of cannabis concentrate from | ||
cannabis flower.
| ||
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) | ||
(410 ILCS 705/35-30)
| ||
Sec. 35-30. Infuser agent identification card. | ||
(a) The Department of Agriculture shall: | ||
(1) establish by rule the information required in an |
initial application or renewal application for an agent | ||
identification card submitted under this Act and the | ||
nonrefundable fee to accompany the initial application or | ||
renewal application; | ||
(2) verify the information contained in an initial | ||
application or renewal application for an agent | ||
identification card submitted under this Act, and approve | ||
or deny an application within 30 days of receiving a | ||
completed initial application or renewal application and | ||
all supporting documentation required by rule; | ||
(3) issue an agent identification card to a qualifying | ||
agent within 15 business days of approving the initial | ||
application or renewal application; | ||
(4) enter the license number of the infuser where the | ||
agent works; and | ||
(5) allow for an electronic initial application and | ||
renewal application process, and provide a confirmation by | ||
electronic or other methods that an application has been | ||
submitted. The Department of Agriculture may by rule | ||
require prospective agents to file their applications by | ||
electronic means and provide notices to the agents by | ||
electronic means. | ||
(b) An agent must keep his or her identification card | ||
visible at all times when on the property of a cannabis | ||
business establishment including the cannabis business | ||
establishment for which he or she is an agent. |
(c) The agent identification cards shall contain the | ||
following: | ||
(1) the name of the cardholder; | ||
(2) the date of issuance and expiration date of the | ||
identification card; | ||
(3) a random 10-digit alphanumeric identification | ||
number containing at least 4 numbers and at least 4 | ||
letters that is unique to the holder; | ||
(4) a photograph of the cardholder; and | ||
(5) the legal name of the infuser organization | ||
employing the agent. | ||
(d) An agent identification card shall be immediately | ||
returned to the infuser organization of the agent upon | ||
termination of his or her employment. | ||
(e) Any agent identification card lost by a transporting | ||
agent shall be reported to the Department of State Police and | ||
the Department of Agriculture immediately upon discovery of | ||
the loss. | ||
(f) An agent applicant may begin employment at an infuser | ||
organization while the agent applicant's identification card | ||
application is pending. Upon approval, the Department shall | ||
issue the agent's identification card to the agent. If denied, | ||
the infuser organization and the agent applicant shall be | ||
notified and the agent applicant must cease all activity at | ||
the infuser organization immediately.
| ||
(Source: P.A. 101-27, eff. 6-25-19.) |
(410 ILCS 705/35-45 new) | ||
Sec. 35-45. Disclosure of ownership and control. | ||
(a) Each infuser organization applicant and licensee shall | ||
file and maintain a Table of Organization, Ownership and | ||
Control with the Department. The Table of Organization, | ||
Ownership and Control shall contain the information required | ||
by this Section in sufficient detail to identify all owners, | ||
directors, and principal officers, and the title of each | ||
principal officer or business entity that, through direct or | ||
indirect means, manages, owns, or controls the applicant or | ||
licensee. | ||
(b) The Table of Organization, Ownership, and Control | ||
shall identify the following information: | ||
(1) The management structure, ownership, and control
| ||
of the applicant or license holder including the name of | ||
each principal officer or business entity, the office or | ||
position held, and the percentage ownership interest, if | ||
any. If the business entity has a parent company, the name | ||
of each owner, board member, and officer of the parent | ||
company and his or her percentage ownership interest in | ||
the parent company and the infuser organization. | ||
(2) If the applicant or licensee is a business entity
| ||
with publicly traded stock, the identification of | ||
ownership shall be provided as required in subsection (c). | ||
(c) If a business entity identified in subsection (b) is a |
publicly traded company, the following information shall be | ||
provided in the Table of Organization, Ownership, and Control: | ||
(1) The name and percentage of ownership interest of | ||
each individual or business entity with ownership of more | ||
than 5% of the voting shares of the entity, to the extent | ||
such information is known or contained in 13D or 13G | ||
Securities and Exchange Commission filings. | ||
(2) To the extent known, the names and percentage of
| ||
interest of ownership of persons who are relatives of one | ||
another and who together exercise control over or own more | ||
than 10% of the voting shares of the entity. | ||
(d) An infuser organization with a parent company or | ||
companies, or partially owned or controlled by another entity | ||
must disclose to the Department the relationship and all | ||
owners, board members, officers, or individuals with control | ||
or management of those entities. An infuser organization shall | ||
not shield its ownership or control from the Department. | ||
(e) All principal officers must submit a complete online | ||
application with the Department within 14 days of the infuser | ||
organization being licensed by the Department or within 14 | ||
days of Department notice of approval as a new principal | ||
officer. | ||
(f) A principal officer may not allow his or her | ||
registration to expire. | ||
(g) An infuser organization separating with a principal | ||
officer must do so under this Act. The principal officer must |
communicate the separation to the Department within 5 business | ||
days. | ||
(h) A principal officer not in compliance with the | ||
requirements of this Act shall be removed from his or her | ||
position with the infuser organization or shall otherwise | ||
terminate his or her affiliation. Failure to do so may subject | ||
the infuser organization to discipline, suspension, or | ||
revocation of its license by the Department. | ||
(i) It is the responsibility of the infuser organization | ||
and its principal officers to promptly notify the Department | ||
of any change of the principal place of business address, | ||
hours of operation, change in ownership or control, or a | ||
change of the infuser organization's primary or secondary | ||
contact information. Any changes must be made to the | ||
Department in writing. | ||
(410 ILCS 705/40-25)
| ||
Sec. 40-25. Transporting organization requirements; | ||
prohibitions. | ||
(a) The operating documents of a transporting organization | ||
shall include procedures for the oversight of the transporter, | ||
an inventory monitoring system including a physical inventory | ||
recorded weekly, accurate recordkeeping, and a staffing plan. | ||
(b) A transporting organization may not transport cannabis | ||
or cannabis-infused products to any person other than a | ||
cultivation center, a craft grower, an infuser organization, a |
dispensing organization, a testing facility, or as otherwise | ||
authorized by rule. | ||
(c) All cannabis transported by a transporting | ||
organization must be entered into a data collection system and | ||
placed into a cannabis container for transport. | ||
(d) Transporters are subject to random inspections by the | ||
Department of Agriculture, the Department of Public Health, | ||
and the Department of State Police , or as provided by rule . | ||
(e) A transporting organization agent shall notify local | ||
law enforcement, the Department of State Police, and the | ||
Department of Agriculture within 24 hours of the discovery of | ||
any loss or theft. Notification shall be made by phone, in | ||
person, or by written or electronic communication. | ||
(f) No person under the age of 21 years shall be in a | ||
commercial vehicle or trailer transporting cannabis goods. | ||
(g) No person or individual who is not a transporting | ||
organization agent shall be in a vehicle while transporting | ||
cannabis goods. | ||
(h) Transporters may not use commercial motor vehicles | ||
with a weight rating of over 10,001 pounds. | ||
(i) It is unlawful for any person to offer or deliver | ||
money, or anything else of value, directly or indirectly, to | ||
any of the following persons to obtain preferential placement | ||
within the dispensing organization, including, without | ||
limitation, on shelves and in display cases where purchasers | ||
can view products, or on the dispensing organization's |
website: | ||
(1) a person having a transporting organization | ||
license, or any officer, associate, member, | ||
representative, or agent of the licensee; | ||
(2) a person having an Early Applicant Adult Use | ||
Dispensing Organization License, an Adult Use Dispensing | ||
Organization License, or a medical cannabis dispensing | ||
organization license issued under the Compassionate Use of | ||
Medical Cannabis Program Act; | ||
(3) a person connected with or in any way | ||
representing, or a member of the family of, a person | ||
holding an Early Applicant Adult Use Dispensing | ||
Organization License, an Adult Use Dispensing Organization | ||
License, or a medical cannabis dispensing organization | ||
license issued under the Compassionate Use of Medical | ||
Cannabis Program Act; or | ||
(4) a stockholder, officer, manager, agent, or | ||
representative of a corporation engaged in the retail sale | ||
of cannabis, an Early Applicant Adult Use Dispensing | ||
Organization License, an Adult Use Dispensing Organization | ||
License, or a medical cannabis dispensing organization | ||
license issued under the Compassionate Use of Medical | ||
Cannabis Program Act. | ||
(j) A transporting organization agent must keep his or her | ||
identification card visible at all times when on the property | ||
of a cannabis business establishment and during the |
transporting of cannabis when acting under his or her duties | ||
as a transportation organization agent. During these times, | ||
the transporting organization agent must also provide the | ||
identification card upon request of any law enforcement | ||
officer engaged in his or her official duties. | ||
(k) A copy of the transporting organization's registration | ||
and a manifest for the delivery shall be present in any vehicle | ||
transporting cannabis. | ||
(l) Cannabis shall be transported so it is not visible or | ||
recognizable from outside the vehicle. | ||
(m) A vehicle transporting cannabis must not bear any | ||
markings to indicate the vehicle contains
cannabis or bear the | ||
name or logo of the cannabis business establishment. | ||
(n) Cannabis must be transported in an enclosed, locked | ||
storage compartment that is secured or affixed to the vehicle. | ||
(o) The Department of Agriculture may, by rule, impose any | ||
other requirements or prohibitions on the transportation of | ||
cannabis.
| ||
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) | ||
(410 ILCS 705/40-30)
| ||
Sec. 40-30. Transporting agent identification card. | ||
(a) The Department of Agriculture shall: | ||
(1) establish by rule the information required in an | ||
initial application or renewal application for an agent | ||
identification card submitted under this Act and the |
nonrefundable fee to accompany the initial application or | ||
renewal application; | ||
(2) verify the information contained in an initial | ||
application or renewal application for an agent | ||
identification card submitted under this Act and approve | ||
or deny an application within 30 days of receiving a | ||
completed initial application or renewal application and | ||
all supporting documentation required by rule; | ||
(3) issue an agent identification card to a qualifying | ||
agent within 15 business days of approving the initial | ||
application or renewal application; | ||
(4) enter the license number of the transporting | ||
organization where the agent works; and | ||
(5) allow for an electronic initial application and | ||
renewal application process, and provide a confirmation by | ||
electronic or other methods that an application has been | ||
submitted. The Department of Agriculture may by rule | ||
require prospective agents to file their applications by | ||
electronic means and provide notices to the agents by | ||
electronic means. | ||
(b) An agent must keep his or her identification card | ||
visible at all times when on the property of a cannabis | ||
business establishment, including the cannabis business | ||
establishment for which he or she is an agent. | ||
(c) The agent identification cards shall contain the | ||
following: |
(1) the name of the cardholder; | ||
(2) the date of issuance and expiration date of the | ||
identification card; | ||
(3) a random 10-digit alphanumeric identification | ||
number containing at least 4 numbers and at least 4 | ||
letters that is unique to the holder; | ||
(4) a photograph of the cardholder; and | ||
(5) the legal name of the transporting organization | ||
employing the agent. | ||
(d) An agent identification card shall be immediately | ||
returned to the transporting organization of the agent upon | ||
termination of his or her employment. | ||
(e) Any agent identification card lost by a transporting | ||
agent shall be reported to the Department of State Police and | ||
the Department of Agriculture immediately upon discovery of | ||
the loss. | ||
(f) An application for an agent identification card shall | ||
be denied if the applicant is delinquent in filing any | ||
required tax returns or paying any amounts owed to the State of | ||
Illinois. | ||
(g) An agent applicant may begin employment at a | ||
transporting organization while the agent applicant's | ||
identification card application is pending. Upon approval, the | ||
Department shall issue the agent's identification card to the | ||
agent. If denied, the transporting organization and the agent | ||
applicant shall be notified and the agent applicant must cease |
all activity at the transporting organization immediately.
| ||
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) | ||
(410 ILCS 705/40-45 new) | ||
Sec. 40-45. Disclosure of ownership and control. | ||
(a) Each transporting organization applicant and licensee | ||
shall file and maintain a Table of Organization, Ownership, | ||
and Control with the Department. The Table of Organization, | ||
Ownership, and Control shall contain the information required | ||
by this Section in sufficient detail to identify all owners, | ||
directors, and principal officers, and the title of each | ||
principal officer or business entity that, through direct or | ||
indirect means, manages, owns, or controls the applicant or | ||
licensee. | ||
(b) The Table of Organization, Ownership, and Control | ||
shall identify the following information: | ||
(1) The management structure, ownership, and control
| ||
of the applicant or license holder including the name of | ||
each principal officer or business entity, the office or | ||
position held, and the percentage ownership interest, if | ||
any. If the business entity has a parent company, the name | ||
of each owner, board member, and officer of the parent | ||
company and his or her percentage ownership interest in | ||
the parent company and the transporting organization. | ||
(2) If the applicant or licensee is a business entity
| ||
with publicly traded stock, the identification of |
ownership shall be provided as required in subsection (c). | ||
(c) If a business entity identified in subsection (b) is a | ||
publicly traded company, the following information shall be | ||
provided in the Table of Organization, Ownership, and Control: | ||
(1) The name and percentage of ownership interest of | ||
each individual or business entity with ownership of more | ||
than 5% of the voting shares of the entity, to the extent | ||
such information is known or contained in 13D or 13G | ||
Securities and Exchange Commission filings. | ||
(2) To the extent known, the names and percentage of
| ||
interest of ownership of persons who are relatives of one | ||
another and who together exercise control over or own more | ||
than 10% of the voting shares of the entity. | ||
(d) A transporting organization with a parent company or | ||
companies, or partially owned or controlled by another entity | ||
must disclose to the Department the relationship and all | ||
owners, board members, officers, or individuals with control | ||
or management of those entities. A transporting organization | ||
shall not shield its ownership or control from the Department. | ||
(e) All principal officers must submit a complete online | ||
application with the Department within 14 days of the | ||
transporting organization being licensed by the Department or | ||
within 14 days of Department notice of approval as a new | ||
principal officer. | ||
(f) A principal officer may not allow his or her | ||
registration to expire. |
(g) A transporting organization separating with a | ||
principal officer must do so under this Act. The principal | ||
officer must communicate the separation to the Department | ||
within 5 business days. | ||
(h) A principal officer not in compliance with the | ||
requirements of this Act shall be removed from his or her | ||
position with the transporting organization or shall otherwise | ||
terminate his or her affiliation. Failure to do so may subject | ||
the transporting organization to discipline, suspension, or | ||
revocation of its license by the Department. | ||
(i) It is the responsibility of the transporting | ||
organization and its principal officers to promptly notify the | ||
Department of any change of the principal place of business | ||
address, hours of operation, change in ownership or control, | ||
or a change of the transporting organization's primary or | ||
secondary contact information. Any changes must be made to the | ||
Department in writing. | ||
(410 ILCS 705/55-21)
| ||
Sec. 55-21. Cannabis product packaging and labeling. | ||
(a) Each cannabis product produced for sale shall be | ||
registered with the Department of Agriculture on forms | ||
provided by the Department of Agriculture. Each product | ||
registration shall include a label and the required | ||
registration fee at the rate established by the Department of | ||
Agriculture for a comparable medical cannabis product, or as |
established by rule. The registration fee is for the name of | ||
the product offered for sale and one fee shall be sufficient | ||
for all package sizes. | ||
(b) All harvested cannabis intended for distribution to a | ||
cannabis enterprise must be packaged in a sealed, labeled | ||
container. | ||
(c) Any product containing cannabis shall be sold packaged | ||
in a sealed, odor-proof, and child-resistant cannabis | ||
container consistent with current standards, including the | ||
Consumer Product Safety Commission standards referenced by the | ||
Poison Prevention Act unless the sale is between or among a | ||
craft grower, infuser, or cultivation center . | ||
(d) All cannabis-infused products shall be individually | ||
wrapped or packaged at the original point of preparation. The | ||
packaging of the cannabis-infused product shall conform to the | ||
labeling requirements of the Illinois Food, Drug and Cosmetic | ||
Act, in addition to the other requirements set forth in this | ||
Section. | ||
(e) Each cannabis product shall be labeled before sale and | ||
each label shall be securely affixed to the package and shall | ||
state in legible English and any languages required by the | ||
Department of Agriculture: | ||
(1) the name and post office box of the registered | ||
cultivation center or craft grower where the item was | ||
manufactured; | ||
(2) the common or usual name of the item and the |
registered name of the cannabis product that was | ||
registered with the Department of Agriculture under | ||
subsection (a); | ||
(3) a unique serial number that will match the product | ||
with a cultivation center or craft grower batch and lot | ||
number to facilitate any warnings or recalls the | ||
Department of Agriculture, cultivation center, or craft | ||
grower deems appropriate; | ||
(4) the date of final testing and packaging, if | ||
sampled, and the identification of the independent testing | ||
laboratory; | ||
(5) the date of harvest and "use by" date; | ||
(6) the quantity (in ounces or grams) of cannabis | ||
contained in the product; | ||
(7) a pass/fail rating based on the laboratory's | ||
microbiological, mycotoxins, and pesticide and solvent | ||
residue analyses, if sampled; | ||
(8) content list. | ||
(A) A list of the following, including the minimum | ||
and maximum percentage content by weight for | ||
subdivisions (e)(8)(A)(i) through (iv): | ||
(i) delta-9-tetrahydrocannabinol (THC); | ||
(ii) tetrahydrocannabinolic acid (THCA); | ||
(iii) cannabidiol (CBD); | ||
(iv) cannabidiolic acid (CBDA); and | ||
(v) all other ingredients of the item, |
including any colors, artificial flavors, and | ||
preservatives, listed in descending order by | ||
predominance of weight shown with common or usual | ||
names. | ||
(B) The acceptable tolerances for the minimum | ||
percentage printed on the label for any of | ||
subdivisions (e)(8)(A)(i) through (iv) shall not be | ||
below 85% or above 115% of the labeled amount. | ||
(f) Packaging must not contain information that: | ||
(1) is false or misleading; | ||
(2) promotes excessive consumption; | ||
(3) depicts a person under 21 years of age consuming | ||
cannabis; | ||
(4) includes the image of a cannabis leaf; | ||
(5) includes any image designed or likely to appeal to | ||
minors, including cartoons, toys, animals, or children, or | ||
any other likeness to images, characters, or phrases that | ||
are popularly used to advertise to children, or any | ||
packaging or labeling that bears reasonable resemblance to | ||
any product available for consumption as a commercially | ||
available candy, or that promotes consumption of cannabis; | ||
(6) contains any seal, flag, crest, coat of arms, or | ||
other insignia likely to mislead the purchaser to believe | ||
that the product has been endorsed, made, or used by the | ||
State of Illinois or any of its representatives except | ||
where authorized by this Act. |
(g) Cannabis products produced by concentrating or | ||
extracting ingredients from the cannabis plant shall contain | ||
the following information, where applicable: | ||
(1) If solvents were used to create the concentrate or | ||
extract, a statement that discloses the type of extraction | ||
method, including any solvents or gases used to create the | ||
concentrate or extract; and | ||
(2) Any other chemicals or compounds used to produce | ||
or were added to the concentrate or extract. | ||
(h) All cannabis products must contain warning statements | ||
established for purchasers, of a size that is legible and | ||
readily visible to a consumer inspecting a package, which may | ||
not be covered or obscured in any way. The Department of Public | ||
Health shall define and update appropriate health warnings for | ||
packages including specific labeling or warning requirements | ||
for specific cannabis products. | ||
(i) Unless modified by rule to strengthen or respond to | ||
new evidence and science, the following warnings shall apply | ||
to all cannabis products unless modified by rule: "This | ||
product contains cannabis and is intended for use by adults 21 | ||
and over. Its use can impair cognition and may be habit | ||
forming. This product should not be used by pregnant or | ||
breastfeeding women. It is unlawful to sell or provide this | ||
item to any individual, and it may not be transported outside | ||
the State of Illinois. It is illegal to operate a motor vehicle | ||
while under the influence of cannabis. Possession or use of |
this product may carry significant legal penalties in some | ||
jurisdictions and under federal law.". | ||
(j) Warnings for each of the following product types must | ||
be present on labels when offered for sale to a purchaser: | ||
(1) Cannabis that may be smoked must contain a | ||
statement that "Smoking is hazardous to your health.". | ||
(2) Cannabis-infused products (other than those | ||
intended for topical application) must contain a statement | ||
"CAUTION: This product contains cannabis, and intoxication | ||
following use may be delayed 2 or more hours. This product | ||
was produced in a facility that cultivates cannabis, and | ||
that may also process common food allergens.". | ||
(3) Cannabis-infused products intended for topical | ||
application must contain a statement "DO NOT EAT" in bold, | ||
capital letters. | ||
(k) Each cannabis-infused product intended for consumption | ||
must be individually packaged, must include the total | ||
milligram content of THC and CBD, and may not include more than | ||
a total of 100 milligrams of THC per package. A package may | ||
contain multiple servings of 10 milligrams of THC, indicated | ||
by scoring, wrapping, or by other indicators designating | ||
individual serving sizes. The Department of Agriculture may | ||
change the total amount of THC allowed for each package, or the | ||
total amount of THC allowed for each serving size, by rule. | ||
(l) No individual other than the purchaser may alter or | ||
destroy any labeling affixed to the primary packaging of |
cannabis or cannabis-infused products. | ||
(m) For each commercial weighing and measuring device used | ||
at a facility, the cultivation center or craft grower must: | ||
(1) Ensure that the commercial device is licensed | ||
under the Weights and Measures Act and the associated | ||
administrative rules (8 Ill. Adm. Code 600); | ||
(2) Maintain documentation of the licensure of the | ||
commercial device; and | ||
(3) Provide a copy of the license of the commercial | ||
device to the Department of Agriculture for review upon | ||
request. | ||
(n) It is the responsibility of the Department to ensure | ||
that packaging and labeling requirements, including product | ||
warnings, are enforced at all times for products provided to | ||
purchasers. Product registration requirements and container | ||
requirements may be modified by rule by the Department of | ||
Agriculture. | ||
(o) Labeling, including warning labels, may be modified by | ||
rule by the Department of Agriculture.
| ||
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) | ||
(410 ILCS 705/55-28)
| ||
Sec. 55-28. Restricted cannabis zones. | ||
(a) As used in this Section: | ||
"Legal voter" means a person: | ||
(1) who is duly registered to vote in a municipality |
with a population of over 500,000; | ||
(2) whose name appears on a poll list compiled by the | ||
city board of election commissioners since the last | ||
preceding election, regardless of whether the election was | ||
a primary, general, or special election; | ||
(3) who, at the relevant time, is a resident of the | ||
address at which he or she is registered to vote; and | ||
(4) whose address, at the relevant time, is located in | ||
the precinct where such person seeks to file a notice of | ||
intent to initiate a petition process, circulate a | ||
petition, or sign a petition under this Section. | ||
As used in the definition of "legal voter", "relevant | ||
time" means any time that: | ||
(i) a notice of intent is filed, pursuant to | ||
subsection (c) of this Section, to initiate the petition | ||
process under this Section; | ||
(ii) the petition is circulated for signature in the | ||
applicable precinct; or | ||
(iii) the petition is signed by registered voters in | ||
the applicable precinct. | ||
"Petition" means the petition described in this Section. | ||
"Precinct" means the smallest constituent territory within | ||
a municipality with a population of over 500,000 in which | ||
electors vote as a unit at the same polling place in any | ||
election governed by the Election Code. | ||
"Restricted cannabis zone" means a precinct within which |
home cultivation, one or more types of cannabis business | ||
establishments, or both has been prohibited pursuant to an | ||
ordinance initiated by a petition under this Section. | ||
(b) The legal voters of any precinct within a municipality | ||
with a population of over 500,000 may petition their local | ||
alderman, using a petition form made available online by the | ||
city clerk, to introduce an ordinance establishing the | ||
precinct as a restricted zone. Such petition shall specify | ||
whether it seeks an ordinance to prohibit, within the | ||
precinct: (i) home cultivation; (ii) one or more types of | ||
cannabis business establishments; or (iii) home cultivation | ||
and one or more types of cannabis business establishments. | ||
Upon receiving a petition containing the signatures of at | ||
least 25% of the registered voters of the precinct, and | ||
concluding that the petition is legally sufficient following | ||
the posting and review process in subsection (c) of this | ||
Section, the city clerk shall notify the local alderman of the | ||
ward in which the precinct is located. Upon being notified, | ||
that alderman, following an assessment of relevant factors | ||
within the precinct, including but not limited to, its | ||
geography, density and character, the prevalence of | ||
residentially zoned property, current licensed cannabis | ||
business establishments in the precinct, the current amount of | ||
home cultivation in the precinct, and the prevailing viewpoint | ||
with regard to the issue raised in the petition, may introduce | ||
an ordinance to the municipality's governing body creating a |
restricted cannabis zone in that precinct. | ||
(c) A person seeking to initiate the petition process | ||
described in this Section shall first submit to the city clerk | ||
notice of intent to do so, on a form made available online by | ||
the city clerk. That notice shall include a description of the | ||
potentially affected area and the scope of the restriction | ||
sought. The city clerk shall publicly post the submitted | ||
notice online. | ||
To be legally sufficient, a petition must contain the | ||
requisite number of valid signatures and all such signatures | ||
must be obtained within 90 days of the date that the city clerk | ||
publicly posts the notice of intent. Upon receipt, the city | ||
clerk shall post the petition on the municipality's website | ||
for a 30-day comment period. The city clerk is authorized to | ||
take all necessary and appropriate steps to verify the legal | ||
sufficiency of a submitted petition. Following the petition | ||
review and comment period, the city clerk shall publicly post | ||
online the status of the petition as accepted or rejected, and | ||
if rejected, the reasons therefor. If the city clerk rejects a | ||
petition as legally insufficient, a minimum of 12 months must | ||
elapse from the time the city clerk posts the rejection notice | ||
before a new notice of intent for that same precinct may be | ||
submitted. | ||
(c-5) Within 3 days after receiving an application for | ||
zoning approval to locate a cannabis business establishment | ||
within a municipality with a population of over 500,000, the |
municipality shall post a public notice of the filing on its | ||
website and notify the alderman of the ward in which the | ||
proposed cannabis business establishment is to be located of | ||
the filing. No action shall be taken on the zoning application | ||
for 7 business days following the notice of the filing for | ||
zoning approval. | ||
If a notice of intent to initiate the petition process to | ||
prohibit the type of cannabis business establishment proposed | ||
in the precinct of the proposed cannabis business | ||
establishment is filed prior to the filing of the application | ||
or within the 7-day period after the filing of the | ||
application, the municipality shall not approve the | ||
application for at least 90 days after the city clerk publicly | ||
posts the notice of intent to initiate the petition process. | ||
If a petition is filed within the 90-day petition-gathering | ||
period described in subsection (c), the municipality shall not | ||
approve the application for an additional 90 days after the | ||
city clerk's receipt of the petition; provided that if the | ||
city clerk rejects a petition as legally insufficient, the | ||
municipality may approve the application prior to the end of | ||
the 90 days. If a petition is not submitted within the 90-day | ||
petition-gathering period described in subsection (c), the | ||
municipality may approve the application unless the approval | ||
is otherwise stayed pursuant to this subsection by a separate | ||
notice of intent to initiate the petition process filed timely | ||
within the 7-day period. |
If no legally sufficient petition is timely filed, a | ||
minimum of 12 months must elapse before a new notice of intent | ||
for that same precinct may be submitted. | ||
(d) Notwithstanding any law to the contrary, the | ||
municipality may enact an ordinance creating a restricted | ||
cannabis zone. The ordinance shall: | ||
(1) identify the applicable precinct boundaries as of | ||
the date of the petition; | ||
(2) state whether the ordinance prohibits within the | ||
defined boundaries of the precinct, and in what | ||
combination: (A) one or more types of cannabis business | ||
establishments; or (B) home cultivation; | ||
(3) be in effect for 4 years, unless repealed earlier; | ||
and | ||
(4) once in effect, be subject to renewal by ordinance | ||
at the expiration of the 4-year period without the need | ||
for another supporting petition.
| ||
(e) An Early Approval Adult Use Dispensing Organization | ||
License permitted to relocate under subsection (b-5) of | ||
Section 15-15 shall not relocate to a restricted cannabis | ||
zone. | ||
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) | ||
(410 ILCS 705/55-30)
| ||
Sec. 55-30. Confidentiality. | ||
(a) Information provided by the cannabis business |
establishment licensees or applicants to the Department of | ||
Agriculture, the Department of Public Health, the Department | ||
of Financial and Professional Regulation, the Department of | ||
Commerce and Economic Opportunity, or other agency shall be | ||
limited to information necessary for the purposes of | ||
administering this Act. The information is subject to the | ||
provisions and limitations contained in the Freedom of | ||
Information Act and may be disclosed in accordance with | ||
Section 55-65. | ||
(b) The following information received and records kept by | ||
the Department of Agriculture, the Department of Public | ||
Health, the Department of State Police, and the Department of | ||
Financial and Professional Regulation for purposes of | ||
administering this Article are subject to all applicable | ||
federal privacy laws, are confidential and exempt from | ||
disclosure under the Freedom of Information Act, except as | ||
provided in this Act, and not subject to disclosure to any | ||
individual or public or private entity, except to the | ||
Department of Financial and Professional Regulation, the | ||
Department of Agriculture, the Department of Public Health, | ||
and the Department of State Police as necessary to perform | ||
official duties under this Article and to the Attorney General | ||
as necessary to enforce the provisions of this Act. The | ||
following information received and kept by the Department of | ||
Financial and Professional Regulation or the Department of | ||
Agriculture may be disclosed to the Department of Public |
Health, the Department of Agriculture, the Department of | ||
Revenue, the Department of State Police, or the Attorney | ||
General upon proper request: | ||
(1) Applications and renewals, their contents, and | ||
supporting information submitted by or on behalf of | ||
dispensing organizations , cannabis business | ||
establishments, or Community College Cannabis Vocational | ||
Program licensees, in compliance with this Article, | ||
including their physical addresses ; however, this does not | ||
preclude the release of ownership information about | ||
cannabis business establishment licenses, or information | ||
submitted with an application required to be disclosed | ||
pursuant to subsection (f) ; | ||
(2) Any plans, procedures, policies, or other records | ||
relating to cannabis business establishment dispensing | ||
organization security; and | ||
(3) Information otherwise exempt from disclosure by | ||
State or federal law. | ||
Illinois or national criminal history record information, | ||
or the nonexistence or lack of such information, may not be | ||
disclosed by the Department of Financial and Professional | ||
Regulation or the Department of Agriculture, except as | ||
necessary to the Attorney General to enforce this Act. | ||
(c) The name and address of a dispensing organization | ||
licensed under this Act shall be subject to disclosure under | ||
the Freedom of Information Act. The name and cannabis business |
establishment address of the person or entity holding each | ||
cannabis business establishment license shall be subject to | ||
disclosure. | ||
(d) All information collected by the Department of | ||
Financial and Professional Regulation or the Department of | ||
Agriculture in the course of an examination, inspection, or | ||
investigation of a licensee or applicant, including, but not | ||
limited to, any complaint against a licensee or applicant | ||
filed with the Department of Financial and Professional | ||
Regulation or the Department of Agriculture and information | ||
collected to investigate any such complaint, shall be | ||
maintained for the confidential use of the Department of | ||
Financial and Professional Regulation or the Department of | ||
Agriculture and shall not be disclosed, except as otherwise | ||
provided in this Act. A formal complaint against a licensee by | ||
the Department of Financial and Professional Regulation or the | ||
Department of Agriculture or any disciplinary order issued by | ||
the Department of Financial and Professional Regulation or the | ||
Department of Agriculture against a licensee or applicant | ||
shall be a public record, except as otherwise provided by law. | ||
Complaints from consumers or members of the general public | ||
received regarding a specific, named licensee or complaints | ||
regarding conduct by unlicensed entities shall be subject to | ||
disclosure under the Freedom of Information Act. | ||
(e) The Department of Agriculture, the Department of State | ||
Police, and the Department of Financial and Professional |
Regulation shall not share or disclose any Illinois or | ||
national criminal history record information, or the | ||
nonexistence or lack of such information, to any person or | ||
entity not expressly authorized by this Act. | ||
(f) Each Department responsible for licensure under this | ||
Act shall publish on the Department's website a list of the | ||
ownership information of cannabis business establishment | ||
licensees under the Department's jurisdiction. The list shall | ||
include, but is not limited to: the name of the person or | ||
entity holding each cannabis business establishment license; | ||
and the address at which the entity is operating under this | ||
Act. This list shall be published and updated monthly.
| ||
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) | ||
Section 15. The Illinois Vehicle Code is amended by | ||
changing Sections 11-502.1 and 11-502.15 as follows: | ||
(625 ILCS 5/11-502.1) | ||
Sec. 11-502.1. Possession of medical cannabis in a motor | ||
vehicle. | ||
(a) No driver, who is a medical cannabis cardholder, may | ||
use medical cannabis within the passenger area of any motor | ||
vehicle upon a highway in this State. | ||
(b) No driver, who is a medical cannabis cardholder, a | ||
medical cannabis designated caregiver, medical cannabis | ||
cultivation center agent, or dispensing organization agent may |
possess medical cannabis within any area of any motor vehicle | ||
upon a highway in this State except in a secured, sealed or | ||
resealable , odor-proof, and child-resistant medical cannabis | ||
container that is inaccessible . | ||
(c) No passenger, who is a medical cannabis card holder, a | ||
medical cannabis designated caregiver, or medical cannabis | ||
dispensing organization agent may possess medical cannabis | ||
within any passenger area of any motor vehicle upon a highway | ||
in this State except in a secured, sealed or resealable , | ||
odor-proof, and child-resistant medical cannabis container | ||
that is inaccessible . | ||
(d) Any person who violates subsections (a) through (c) of | ||
this Section: | ||
(1) commits a Class A misdemeanor; | ||
(2) shall be subject to revocation of his or her | ||
medical cannabis card for a period of 2 years from the end | ||
of the sentence imposed; and | ||
(3) (4) shall be subject to revocation of his or her | ||
status as a medical cannabis caregiver, medical cannabis | ||
cultivation center agent, or medical cannabis dispensing | ||
organization agent for a period of 2 years from the end of | ||
the sentence imposed.
| ||
(Source: P.A. 101-27, eff. 6-25-19; revised 8-6-19.) | ||
(625 ILCS 5/11-502.15) | ||
Sec. 11-502.15. Possession of adult use cannabis in a |
motor vehicle. | ||
(a) No driver may use cannabis within the passenger area | ||
of any motor vehicle upon a highway in this State. | ||
(b) No driver may possess cannabis within any area of any | ||
motor vehicle upon a highway in this State except in a secured, | ||
sealed or resealable , odor-proof, child-resistant cannabis | ||
container that is inaccessible . | ||
(c) No passenger may possess cannabis within any passenger | ||
area of any motor vehicle upon a highway in this State except | ||
in a secured, sealed or resealable , odor-proof, | ||
child-resistant cannabis container that is inaccessible . | ||
(d) Any person who knowingly violates subsection (a), (b), | ||
or (c) of this Section commits a Class A misdemeanor.
| ||
(Source: P.A. 101-27, eff. 6-25-19.) | ||
Section 97. Severability. The provisions of this Act are | ||
severable under Section 1.31 of the Statute on Statutes. | ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law. |