HB2383 103RD GENERAL ASSEMBLY

LRB103 27237 CPF 53608 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2383

Introduced 2/14/2023, by Rep. Cyril Nichols

SYNOPSIS AS INTRODUCED:

410 ILCS 705/15-35.20

Amends the Cannabis Regulation and Tax Act. Provides that the Department of Financial and Professional Regulation's rules for the issuance of Conditional Adult Use Dispensing Organization Licenses on or after January 1, 2022 may include a preference for an applicant that is 51% or more owned and controlled by at least one qualified individual with a disability. Effective immediately.

A BILL FOR

AN ACT concerning health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Cannabis Regulation and Tax Act is amended by changing Section 15-35.20 as follows:

(410 ILCS 705/15-35.20)

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.

(3) Include a preference for an applicant that is 51% or more owned and controlled by at least one qualified individual with a disability as that term is defined under paragraph (2) of Section 12131 of the federal Americans with Disabilities Act of 1990.

(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.

(Source: P.A. 102-98, eff. 7-15-21.)

Section 99. Effective date. This Act takes effect upon becoming law.