1000.10 Definitions and Incorporations
for this Part can be located in Section 10 of the Compassionate Use of Medical
Cannabis Pilot Program Act [410 ILCS 130/10]. The following definitions shall
also apply to this Part:
"Act" means the Compassionate Use of
Medical Cannabis Pilot Program Act [410 ILCS 130].
"Adequate supply" means 2.5 ounces of
usable cannabis during a period of 14 days and that is derived solely from an
intrastate source. The pre-mixed weight of medical cannabis used in making a
cannabis-infused product shall apply toward the limit on the total amount of
medical cannabis a registered qualifying patient may possess at any one time. [410 ILCS
"Alterations" means permanent changes
in activities or processes at a cultivation center, or changes in production,
handling or storage of the product mix, that do not modify the efficiency of
facility structures or systems.
"Applicant" means any corporation,
limited liability company, association or partnership, limited liability
partnership, or one or more individuals, principal officers, agency, business
trust, estate, trust, or any other legal entity that is applying with the
Illinois Department of Agriculture for a cultivation center permit under the
"Area zoned for residential use" means an area zoned
exclusively for residential use; provided that, in municipalities with a
population over 2,000,000 people, "an area zoned for residential use"
means an area zoned as a residential district or a residential planned
"Batch" means the established
segregation of a group of plants at the time of planting for the control of
quantity, traceability and/or strain. A batch number will be assigned at the
time of planting for a specified number of plants. When plants reach 18 inches
in height, a specific number will be assigned for each plant within that
batch. The batch number will remain with the segregated plants through harvest
to final packaging. The batch number will be included on the label of the
package distributed for the end user.
"Batch number" means a unique numeric
or alphanumeric identifier assigned to a batch by a cultivation center when the
batch is first planted. The batch number shall contain the facility number and
a sequence to allow for inventory and traceability.
"Biosecurity" means a
set of preventative measures designed to reduce the risk of transmission of
infectious diseases in crops, quarantined pests, invasive alien species, and
living modified organisms.
"Cannabis" means marijuana, hashish
and other substances which are identified as including any parts of the plant
Cannabis sativa and including any and all 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 such
plant; and any compound, manufacture, salt, derivative, mixture, or preparation
of such plant, its seeds, or resin, including tetrahydrocannabinol (THC) and
all other cannabinol derivatives, including its naturally occurring or
synthetically produced ingredients, whether produced directly or indirectly by
extraction, or independently by means of chemical synthesis or by a combination
of extraction and chemical synthesis; but shall not include the mature stalks
of such plant, fiber produced from such stalks, oil or cake made from the seeds
of such plant, any other compound, manufacture, salt, derivative, mixture, or
preparation of such mature stalks (except the resin extracted therefrom),
fiber, oil or cake, or the sterilized seed of such plant which is incapable of
germination. (Section 3 of the Cannabis Control Act)
"Cannabis concentrate" means a product
derived from medical cannabis that is produced by extracting cannabinoids 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, CO2,
ethanol or isopropanol. The use of any other solvent is expressly prohibited
unless and until it is approved by the Department.
"Cannabis plant monitoring system" means a system that
includes, but is not limited to, testing and data collection established and
maintained by the registered cultivation center and available to the Department
for the purposes of documenting each cannabis plant and for monitoring plant
development throughout the life cycle of a cannabis plant cultivated for the
intended use by a qualifying patient from seed planting to final packaging. [410 ILCS 130/10(c)]
"Cannabis product" means a product containing medical
cannabis either in a physical form or infused with an extracted resin.
"Cannabis waste" means any part of the
plant that is not usable cannabis, or cannabis that cannot be processed as provided
in Section 1000.510(d)(2).
"Child-resistant" means special
packaging that is:
designed or constructed to be significantly difficult for children
under five years of age to open and not difficult for normal adults to use
properly as defined by 16 CFR 1700.20 (1995) and ASTM classification standard
D3475-14, http://www.astm.org/Standards/D3475.htm. This incorporation by
reference does not include any later amendments or editions. The Department maintains
copies of the applicable federal regulation and ASTM classification standard, that
are available to the public;
closable for any product intended for more than a single use or
containing multiple servings; and
labeled properly as required
by Section 1000.420.
"Clone" means a plant section from a female cannabis
plant not yet root-bound, growing in a water solution or other propagation
matrix, that is capable of developing into a new plant.
"Crop input" means any substance that is used by a
producer for the production of medical cannabis. This may include pesticides
as defined by the Illinois Pesticide Act or the American Association of
Pesticide Control Officials, fertilizers as defined by the Illinois Commercial
Fertilizer Act of 1961 or the American Association of Plant Food Officials, and
soil amendments as defined by the Soil Amendment Act;
"Cultivation center" means a facility operated by an
organization or business that is registered by the Department of Agriculture to
perform necessary activities to provide only registered medical cannabis
dispensing organizations with usable medical cannabis. [410 ILCS 130/10(e)]
"Cultivation center agent" means a principal officer,
board member, employee, or agent of a registered cultivation center who is 21
years of age or older and has not been convicted of an excluded offense. [410 ILCS 130/10(f)]
"Cultivation center agent-in-charge" or
"agent-in-charge" means the cultivation center agent who has been
designated by the cultivation center to have control and management over the
day to day operations of the cultivation center. A cultivation center may
designate more than one agent-in-charge to cover varying operational work
shifts, but may only have one per work shift.
"Cultivation center agent identification card" means a
document issued by the Department of Agriculture that identifies a person as a
cultivation center agent. [410 ILCS 130/10(g)]
"Cultivation center agent-in-charge
identification card" means a document issued by the Department of
Agriculture that identifies a cultivation center agent as an agent-in-charge.
"DD214" means a certified DD214
Certificate of Separation or Release from Active Duty Member Copy 4 or State
Director of Veterans' Affairs Copy 6; a certified DD214 Report of Separation
from Active Duty 2; or equivalent certified document indicating character of
service and dates of service. A DD214 can be certified by the State Department
of Veterans' Affairs, county veterans' officials, and the federal Department of
means the Illinois Department of Agriculture.
means the Illinois Department of Financial and Professional Regulation.
means the Illinois Department of Public Health.
conviction" means conviction of an excluded offense.
"Enclosed, locked facility" means a room, greenhouse,
building, or other enclosed area equipped with locks or other security devices
that permit access only by a cultivation center's agents or a dispensing
organization's agent working for the registered cultivation center or the
registered dispensing organization to cultivate, store, and distribute cannabis
for registered qualifying patients. [410 ILCS 130/10(k)]
"Excluded offense" means:
a violent crime defined in Section 3 of the
Rights of Crime Victims and Witnesses Act or a substantially similar offense
that was classified as a felony in the jurisdiction where the person was
a violation of a state or federal controlled
substance law that was classified as a felony in the jurisdiction where the
person was convicted, except that the Department may waive this restriction if
the person demonstrates to the Department's satisfaction that his or her
conviction was for the possession, cultivation, transfer, or delivery of a
reasonable amount of cannabis intended for medical use.
This exception does not apply if the conviction
was under state law and involved a violation of an existing medical cannabis
law. [410 ILCS 130/10(l)]
"Facility" shall refer to the permitted
physical structures associated with the
"Financial interest" means any actual
or future right to ownership, investment or compensation arrangement with
another person, either directly or indirectly, through business, investment,
spouse, parent or child, in a cultivation center. Financial interest does not
include ownership of investment securities in a publicly-held corporation that
is traded on a national securities exchange or over-the-counter market in the
United States, provided the investment securities held by the person and the person's
spouse, parent or child, in the aggregate, do not exceed one percent ownership
in the cultivation center.
"Fingerprint-based criminal history records
check" means a fingerprint-based criminal history records check conducted
by the Department of State Police in accordance with the Uniform Conviction
Information Act (UCIA) or 20 Ill. Adm. Code 1265.30 (Electronic Transmission of
"Flower" means the gametophytic or
reproductive state of cannabis in which the plant is in a light cycle intended
to produce flowers, trichromes and cannabinoids characteristic of cannabis.
"Immature plant" means a nonflowering cannabis
plant that has an established root structure.
means the Illinois Department of State Police.
"Label" means a display of written,
printed or graphic matter on the immediate container of any product containing
"Laboratory" means an independent
laboratory located in Illinois and approved by the Department to have custody
and use of controlled substances for scientific and medical purposes and for
purposes of instruction, research or analysis.
"Livescan" means an inkless electronic
system designed to capture an individual's fingerprint images and demographic
data (name, sex, race, date of birth, etc.) in a digitized format that can be
transmitted to ISP for processing. The data is forwarded to the ISP Bureau of
Identification (BOI) over a virtual private network (VPN) and then processed by
ISP's Automated Fingerprint Identification System (AFIS). Once received at the
BOI for processing, the inquiry may, as permitted by law, be forwarded to the
Federal Bureau of Investigation (FBI) electronically for processing.
"Livescan vendor" means an entity
licensed by the Department of Financial and Professional Regulation to provide
commercial fingerprinting services under the Private Detective, Private Alarm,
Private Security, Fingerprint Vendor, and Locksmith Act of 2004.
"manufacture" means the process of converting harvested cannabis
material into a finished product by manual labor and/or machinery designed to
meet a specific need or customer expectation, either directly or indirectly by
extraction from substances of natural origin, or independently by means of
chemical synthesis, or by a combination of extraction and chemical synthesis.
"Medical cannabis" means cannabis and
its constituent cannabinoids, such as tetrahydrocannabinol (THC) and
cannabidiol (CBD), used as an herbal remedy or therapy to treat disease or
alleviate symptoms. Medical cannabis can be administered in a variety of ways,
including, but not limited to: vaporizing or smoking dried buds; using
concentrates; administering tinctures or tonics; applying topicals such as
ointments or balms; or consuming medical cannabis infused products.
"Medical cannabis cultivation center registration" means
a registration issued by the Department of Agriculture. [410 ILCS 130/10(m)]
"Medical cannabis container" means a sealed, traceable,
food compliant, tamper resistant, tamper evident container, or package used for
the purpose of containment of medical cannabis from a cultivation center to a
dispensing organization. [410 ILCS 130/10(n)]
"Medical cannabis dispensing
organization" or "dispensing organization" or "dispensary
organization" or "dispensary" means a facility
operated by an organization or business that is registered by the Department of
Financial and Professional Regulation to acquire medical cannabis from a
registered cultivation center for the purpose of dispensing cannabis,
paraphernalia, or related supplies and educational materials to registered
qualifying patients. [410 ILCS 130/10(o)]
"Medical cannabis dispensing organization
agent" or "dispensing organization agent" means a principal
officer, board member, employee, or agent of a registered medical cannabis
dispensing organization who is 21 years of age or older and has not been
convicted of an excluded offense. [410 ILCS 130/10(p)]
"Medical cannabis-infused product" means food, oils,
teas, capsules or other products containing usable cannabis that are not
ILCS 130/10(q)] Only the portion of any cannabis-infused product that is
attributable to cannabis shall count toward the possession limits of the
dispensary and the patient.
"Medical use" means the acquisition; administration;
delivery; possession; transfer; transportation; or use of cannabis to treat or
alleviate a registered qualifying patient's debilitating medical condition or
symptoms associated with the patient's debilitating medical condition. [410 ILCS 130/10(r)]
"Modification" means changes in structures, processes or
activities at a cultivation center that will alter the efficiency of production
structures, processing systems, and/or changes in capacity within the center.
"Monitoring" means the continuous and
uninterrupted video surveillance of cultivation activities and oversight for
potential suspicious actions. Monitoring through video surveillance includes
the purpose of summoning a law enforcement officer to the premises during alarm
conditions. The Department and ISP or law enforcement agencies designated by
ISP shall have the ability to access a cultivation center's monitoring system
in real-time via a secure web-based portal.
"Motor vehicle" means a self-propelled
vehicle as defined in Section 1-146 of the Illinois Vehicle Code.
"Natural processing" or "naturally
produced" means the preparation of the harvested cannabis without
significantly changing its physical form.
"Operational and Management Practices
Plan" means a narrative description of all practices that will be employed
at the facility for the production of medical cannabis and medical cannabis-infused
products. The plan shall include but is not limited to:
the types and quantities of medical cannabis
products that will be produced at the facility;
the methods of planting (seed or clones),
harvesting, drying and storage of medical cannabis;
the estimated quantity of waste material to be
generated and plans for subsequent disposal;
the quantity and proposed method for disposal for
all crop inputs utilized for plant production;
methods for training employees for the specific
phases of production;
biosecurity measures to be implemented for plant
production and edible infused product production;
planned response to discrepancies in accounting
of product inventories;
sampling strategy and quality testing for
procedures to follow for proper labeling; and
procedures to follow for handling mandatory and
voluntary recalls of cannabis or cannabis-infused products.
"Permit" means a registration issued by
the Department to a qualified applicant to operate a cultivation center.
"Permittee" means a qualified applicant
who is issued a permit by the Department to operate a cultivation center.
"Person" includes, but is not limited
to, a natural person, sole proprietorship, partnership, joint venture, limited
liability partnership or company, corporation, association, agency, business,
"Physician" means a doctor of medicine
or doctor of osteopathy licensed under the Medical Practice Act of 1987 to
practice medicine and who has a controlled substances license under Article III
of the Illinois Controlled Substances Act. It does not include a licensed
practitioner under any other Act, including but not limited to the Illinois
Dental Practice Act. [410 ILCS 130/10(s)]
"Principal officer" includes a
prospective cultivation center or cultivation center owner, president, vice
president, secretary, treasurer, partner, officer, board member, shareholder or
person involved in a profit sharing arrangement.
"Producer backer" means any person
(including any legal entity) with a direct or indirect financial interest in
"Production" or "produce"
means the planting, preparation, cultivation, growing, harvesting, propagation,
compounding, conversion, natural processing or manufacturing of cannabis, and
includes any packaging or repackaging of the substance, or labeling or
relabeling of its container.
"Qualified applicant" means an
applicant for a cultivation center permit who receives at least the minimum
required score in each category required by the application.
"Qualifying patient" means a person who
has been diagnosed by a physician as having a debilitating medical condition. [410 ILCS
"Registered" means licensed, permitted, or otherwise
certified by the Department of Agriculture under the Act. [410 ILCS 130/10(u)]
area" means a building, room or other contiguous area upon the permitted premises where cannabis is grown, cultivated,
harvested, stored, weighed, packaged, sold or processed for sale, under control
of the permitted facility.
"Sale" means any form of delivery, which includes
barter, exchange or gift, or offer therefor, and each such transaction made by
any person whether as principal, proprietor, agent, servant or employee.
"Security alarm system" means a device
or series of devices intended to summon law enforcement personnel during, or as
a result of, an alarm condition. Devices may include hard-wired systems and
systems interconnected with a radio frequency method such as cellular or
private radio signals that emit or transmit a remote or local audible, visual
or electronic signal; motion detectors, pressure switches, duress alarms (a
silent system signal generated by the entry of a designated code into the
arming station to indicate that the user is disarming under duress); panic
alarms (an audible system signal to indicate an emergency situation); and
hold-up alarms (a silent system signal to indicate that a robbery is in
progress). The Department and law enforcement agencies shall have the ability
to access a cultivation center's security alarm system in real-time.
means tetrahydrocannabinolic acid.
"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. Tinctures may be added to foods and other liquids, applied
directly to the skin, consumed orally by drinking a small quantity, or absorbed
sublingually by placing a few drops under the tongue.
"Usable cannabis" means the seeds, leaves, buds, and
flowers of the cannabis plant, and any mixture or preparation thereof, including
the resin extracted from any part of the plant, but does not include the
stalks, and roots of the plant. It does not include the weight of any
non-cannabis ingredients combined with cannabis, such as ingredients added to
prepare a topical administration, food, or drink. [410 ILCS 130/10(w)]
"USEPA" means the
United States Environmental Protection Agency.
"Vegetative stage of growth" means that the cannabis
plant consists of stems, leaves and roots and does not have any flowers or
"Verification system" means a web-based system
established and maintained by the Department of Public Health that is available
to the Department of Agriculture, the Department of Financial and Professional Regulation,
law enforcement personnel, and registered medical cannabis dispensing
organization agents on a 24-hour basis for the verification of registry
identification cards, the tracking of delivery of medical cannabis to medical
cannabis dispensing organizations, and the tracking of the date of sale,
amount, and price of medical cannabis purchased by a registered qualifying
"Veteran" means a person who served in one of the five
active-duty Armed Services or their respective Guard or Reserve units, and who
was discharged or released from service under conditions other than
"Violent crime" means any felony in which force or
threat of force was used against the victim, or any offense involving sexual
exploitation, sexual conduct or sexual penetration, or a violation of Section
11-20.1, 11-20.1B, or 11-20.3 of the Criminal Code of 1961 or the Criminal Code
of 2012, domestic battery, violation of an order of protection, stalking, or
any misdemeanor which results in death or great bodily harm to the victim or
any violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code
of 2012, or Section 11-501 of the Illinois Vehicle Code, or a similar provision
of a local ordinance, if the violation resulted in personal injury or death,
and includes any action committed by a juvenile that would be a violent crime
if committed by an adult. For the purposes of this definition, "personal
injury" shall include any Type A injury as indicated on the traffic
accident report completed by a law enforcement officer that requires immediate
professional attention in either a doctor's office or medical facility. A Type
A injury shall include severely bleeding wounds, distorted extremities, and
injuries that require the injured party to be carried from the scene, or a
substantially similar offense that was tried and convicted as a felony in the
jurisdiction where the cultivation center agent, agent-in-charge, or applicant
for a cultivation center agent or agent-in-charge identification card, was
convicted. [725 ILCS 120/3(c)]