Sen. Cristina Castro

Filed: 1/12/2021

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 122

2    AMENDMENT NO. ______. Amend House Bill 122 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Compassionate Use of Medical Cannabis
5Program Act is amended by changing Section 100 as follows:
 
6    (410 ILCS 130/100)
7    Sec. 100. Cultivation center agent identification card.
8    (a) The Department of Agriculture shall:
9        (1) verify the information contained in an application
10    or renewal for a cultivation center identification card
11    submitted under this Act, and approve or deny an
12    application or renewal, within 30 days of receiving a
13    completed application or renewal application and all
14    supporting documentation required by rule;
15        (2) issue a cultivation center agent identification
16    card to a qualifying agent within 15 business days of

 

 

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1    approving the application or renewal;
2        (3) enter the registry identification number of the
3    cultivation center where the agent works; and
4        (4) allow for an electronic application process, and
5    provide a confirmation by electronic or other methods that
6    an application has been submitted.
7    (b) A cultivation center agent must keep his or her
8identification card visible at all times when on the property
9of a cultivation center and during the transportation of
10medical cannabis to a registered dispensary organization.
11    (c) The cultivation center agent identification cards
12shall contain the following:
13        (1) the name of the cardholder;
14        (2) the date of issuance and expiration date of
15    cultivation center agent identification cards;
16        (3) a random 10 digit alphanumeric identification
17    number containing at least 4 numbers and at least 4
18    letters; that is unique to the holder; and
19        (4) a photograph of the cardholder.
20    (d) The cultivation center agent identification cards
21shall be immediately returned to the cultivation center upon
22termination of employment.
23    (e) Any card lost by a cultivation center agent shall be
24reported to the State Police and the Department of Agriculture
25immediately upon discovery of the loss.
26    (f) An applicant shall be denied a cultivation center agent

 

 

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1identification card if he or she has been convicted of an
2excluded offense.
3    (g) An agent may begin employment at a cultivation center
4while the agent's identification card application is pending.
5Upon approval, the Department shall issue the agent's
6identification card to the cultivation center agent applicant.
7If denied, the cultivation center and the applicant shall be
8notified and the applicant must cease all activity at the
9cultivation center immediately.
10(Source: P.A. 98-122, eff. 1-1-14.)
 
11    Section 10. The Cannabis Regulation and Tax Act is amended
12by changing Sections 1-10, 15-25, 15-40, 20-35, 25-35, 30-35,
1335-30, 40-30, 55-21 and by adding Section 15-30.1 as follows:
 
14    (410 ILCS 705/1-10)
15    Sec. 1-10. Definitions. In this Act:
16    "Adult Use Cultivation Center License" means a license
17issued by the Department of Agriculture that permits a person
18to act as a cultivation center under this Act and any
19administrative rule made in furtherance of this Act.
20    "Adult Use Dispensing Organization License" means a
21license issued by the Department of Financial and Professional
22Regulation that permits a person to act as a dispensing
23organization under this Act and any administrative rule made in
24furtherance of this Act.

 

 

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1    "Advertise" means to engage in promotional activities
2including, but not limited to: newspaper, radio, Internet and
3electronic media, and television advertising; the distribution
4of fliers and circulars; billboard advertising; and the display
5of window and interior signs. "Advertise" does not mean
6exterior signage displaying only the name of the licensed
7cannabis business establishment.
8    "Application points" means the number of points a
9dispensary applicant receives on an application for a
10Conditional Adult Use Dispensing Organization License.
11    "By lot" means a randomized method of choosing between 2 or
12more eligible tied applicants or 2 or more qualifying
13applicants.
14    "BLS Region" means a region in Illinois used by the United
15States Bureau of Labor Statistics to gather and categorize
16certain employment and wage data. The 17 such regions in
17Illinois are: Bloomington, Cape Girardeau, Carbondale-Marion,
18Champaign-Urbana, Chicago-Naperville-Elgin, Danville,
19Davenport-Moline-Rock Island, Decatur, Kankakee, Peoria,
20Rockford, St. Louis, Springfield, Northwest Illinois
21nonmetropolitan area, West Central Illinois nonmetropolitan
22area, East Central Illinois nonmetropolitan area, and South
23Illinois nonmetropolitan area.
24    "Cannabis" means marijuana, hashish, and other substances
25that are identified as including any parts of the plant
26Cannabis sativa and including derivatives or subspecies, such

 

 

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1as indica, of all strains of cannabis, whether growing or not;
2the seeds thereof, the resin extracted from any part of the
3plant; and any compound, manufacture, salt, derivative,
4mixture, or preparation of the plant, its seeds, or resin,
5including tetrahydrocannabinol (THC) and all other naturally
6produced cannabinol derivatives, whether produced directly or
7indirectly by extraction; however, "cannabis" does not include
8the mature stalks of the plant, fiber produced from the stalks,
9oil or cake made from the seeds of the plant, any other
10compound, manufacture, salt, derivative, mixture, or
11preparation of the mature stalks (except the resin extracted
12from it), fiber, oil or cake, or the sterilized seed of the
13plant that is incapable of germination. "Cannabis" does not
14include industrial hemp as defined and authorized under the
15Industrial Hemp Act. "Cannabis" also means cannabis flower,
16concentrate, and cannabis-infused products.
17    "Cannabis business establishment" means a cultivation
18center, craft grower, processing organization, infuser
19organization, dispensing organization, or transporting
20organization.
21    "Cannabis concentrate" means a product derived from
22cannabis that is produced by extracting cannabinoids,
23including tetrahydrocannabinol (THC), from the plant through
24the use of propylene glycol, glycerin, butter, olive oil or
25other typical cooking fats; water, ice, or dry ice; or butane,
26propane, CO2, ethanol, or isopropanol and with the intended use

 

 

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1of smoking or making a cannabis-infused product. The use of any
2other solvent is expressly prohibited unless and until it is
3approved by the Department of Agriculture.
4    "Cannabis container" means a sealed or resealable,
5traceable, container, or package used for the purpose of
6containment of cannabis or cannabis-infused product during
7transportation.
8    "Cannabis flower" means marijuana, hashish, and other
9substances that are identified as including any parts of the
10plant Cannabis sativa and including derivatives or subspecies,
11such as indica, of all strains of cannabis; including raw kief,
12leaves, and buds, but not resin that has been extracted from
13any part of such plant; nor any compound, manufacture, salt,
14derivative, mixture, or preparation of such plant, its seeds,
15or resin.
16    "Cannabis-infused product" means a beverage, food, oil,
17ointment, tincture, topical formulation, or another product
18containing cannabis or cannabis concentrate that is not
19intended to be smoked.
20    "Cannabis paraphernalia" means equipment, products, or
21materials intended to be used for planting, propagating,
22cultivating, growing, harvesting, manufacturing, producing,
23processing, preparing, testing, analyzing, packaging,
24repackaging, storing, containing, concealing, ingesting, or
25otherwise introducing cannabis into the human body.
26    "Cannabis plant monitoring system" or "plant monitoring

 

 

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1system" means a system that includes, but is not limited to,
2testing and data collection established and maintained by the
3cultivation center, craft grower, or processing organization
4and that is available to the Department of Revenue, the
5Department of Agriculture, the Department of Financial and
6Professional Regulation, and the Department of State Police for
7the purposes of documenting each cannabis plant and monitoring
8plant development throughout the life cycle of a cannabis plant
9cultivated for the intended use by a customer from seed
10planting to final packaging.
11    "Cannabis testing facility" means an entity registered by
12the Department of Agriculture to test cannabis for potency and
13contaminants.
14    "Clone" means a plant section from a female cannabis plant
15not yet rootbound, growing in a water solution or other
16propagation matrix, that is capable of developing into a new
17plant.
18    "Community College Cannabis Vocational Training Pilot
19Program faculty participant" means a person who is 21 years of
20age or older, licensed by the Department of Agriculture, and is
21employed or contracted by an Illinois community college to
22provide student instruction using cannabis plants at an
23Illinois Community College.
24    "Community College Cannabis Vocational Training Pilot
25Program faculty participant Agent Identification Card" means a
26document issued by the Department of Agriculture that

 

 

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1identifies a person as Community College Cannabis Vocational
2Training Pilot Program faculty participant.
3    "Conditional Adult Use Dispensing Organization License"
4means a contingent license awarded to top-scoring applicants
5for an Adult Use Dispensing Organization License that reserves
6the right to an Adult Use Dispensing Organization License if
7the applicant meets certain conditions described in this Act,
8but does not entitle the recipient to begin purchasing or
9selling cannabis or cannabis-infused products.
10    "Conditional Adult Use Cultivation Center License" means a
11license awarded to top-scoring applicants for an Adult Use
12Cultivation Center License that reserves the right to an Adult
13Use Cultivation Center License if the applicant meets certain
14conditions as determined by the Department of Agriculture by
15rule, but does not entitle the recipient to begin growing,
16processing, or selling cannabis or cannabis-infused products.
17    "Craft grower" means a facility operated by an organization
18or business that is licensed by the Department of Agriculture
19to cultivate, dry, cure, and package cannabis and perform other
20necessary activities to make cannabis available for sale at a
21dispensing organization or use at a processing organization. A
22craft grower may contain up to 5,000 square feet of canopy
23space on its premises for plants in the flowering state. The
24Department of Agriculture may authorize an increase or decrease
25of flowering stage cultivation space in increments of 3,000
26square feet by rule based on market need, craft grower

 

 

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1capacity, and the licensee's history of compliance or
2noncompliance, with a maximum space of 14,000 square feet for
3cultivating plants in the flowering stage, which must be
4cultivated in all stages of growth in an enclosed and secure
5area. A craft grower may share premises with a processing
6organization or a dispensing organization, or both, provided
7each licensee stores currency and cannabis or cannabis-infused
8products in a separate secured vault to which the other
9licensee does not have access or all licensees sharing a vault
10share more than 50% of the same ownership.
11    "Craft grower agent" means a principal officer, board
12member, employee, or other agent of a craft grower who is 21
13years of age or older.
14    "Craft Grower Agent Identification Card" means a document
15issued by the Department of Agriculture that identifies a
16person as a craft grower agent.
17    "Cultivation center" means a facility operated by an
18organization or business that is licensed by the Department of
19Agriculture to cultivate, process, transport (unless otherwise
20limited by this Act), and perform other necessary activities to
21provide cannabis and cannabis-infused products to cannabis
22business establishments.
23    "Cultivation center agent" means a principal officer,
24board member, employee, or other agent of a cultivation center
25who is 21 years of age or older.
26    "Cultivation Center Agent Identification Card" means a

 

 

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1document issued by the Department of Agriculture that
2identifies a person as a cultivation center agent.
3    "Currency" means currency and coin of the United States.
4    "Dispensary" means a facility operated by a dispensing
5organization at which activities licensed by this Act may
6occur.
7    "Dispensary applicant" means the proposed dispensing
8organization name as stated on an application for a Conditional
9Adult Use Dispensing Organization License.
10    "Dispensing organization" means a facility operated by an
11organization or business that is licensed by the Department of
12Financial and Professional Regulation to acquire cannabis from
13a cultivation center, craft grower, processing organization,
14or another dispensary for the purpose of selling or dispensing
15cannabis, cannabis-infused products, cannabis seeds,
16paraphernalia, or related supplies under this Act to purchasers
17or to qualified registered medical cannabis patients and
18caregivers. As used in this Act, "dispensing organization"
19includes a registered medical cannabis organization as defined
20in the Compassionate Use of Medical Cannabis Program Act or its
21successor Act that has obtained an Early Approval Adult Use
22Dispensing Organization License.
23    "Dispensing organization agent" means a principal officer,
24employee, or agent of a dispensing organization who is 21 years
25of age or older.
26    "Dispensing organization agent identification card" means

 

 

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1a document issued by the Department of Financial and
2Professional Regulation that identifies a person as a
3dispensing organization agent.
4    "Disproportionately Impacted Area" means a census tract or
5comparable geographic area that satisfies the following
6criteria as determined by the Department of Commerce and
7Economic Opportunity, that:
8        (1) meets at least one of the following criteria:
9            (A) the area has a poverty rate of at least 20%
10        according to the latest federal decennial census; or
11            (B) 75% or more of the children in the area
12        participate in the federal free lunch program
13        according to reported statistics from the State Board
14        of Education; or
15            (C) at least 20% of the households in the area
16        receive assistance under the Supplemental Nutrition
17        Assistance Program; or
18            (D) the area has an average unemployment rate, as
19        determined by the Illinois Department of Employment
20        Security, that is more than 120% of the national
21        unemployment average, as determined by the United
22        States Department of Labor, for a period of at least 2
23        consecutive calendar years preceding the date of the
24        application; and
25        (2) has high rates of arrest, conviction, and
26    incarceration related to the sale, possession, use,

 

 

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1    cultivation, manufacture, or transport of cannabis.
2    "Early Approval Adult Use Cultivation Center License"
3means a license that permits a medical cannabis cultivation
4center licensed under the Compassionate Use of Medical Cannabis
5Program Act as of the effective date of this Act to begin
6cultivating, infusing, packaging, transporting (unless
7otherwise provided in this Act), processing and selling
8cannabis or cannabis-infused product to cannabis business
9establishments for resale to purchasers as permitted by this
10Act as of January 1, 2020.
11    "Early Approval Adult Use Dispensing Organization License"
12means a license that permits a medical cannabis dispensing
13organization licensed under the Compassionate Use of Medical
14Cannabis Program Act as of the effective date of this Act to
15begin selling cannabis or cannabis-infused product to
16purchasers as permitted by this Act as of January 1, 2020.
17    "Early Approval Adult Use Dispensing Organization at a
18secondary site" means a license that permits a medical cannabis
19dispensing organization licensed under the Compassionate Use
20of Medical Cannabis Program Act as of the effective date of
21this Act to begin selling cannabis or cannabis-infused product
22to purchasers as permitted by this Act on January 1, 2020 at a
23different dispensary location from its existing registered
24medical dispensary location.
25    "Eligible tied applicant" means a tied applicant that is
26eligible to participate in the process by which a remaining

 

 

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1available license is distributed by lot pursuant to a Tied
2Applicant Lottery.
3    "Enclosed, locked facility" means a room, greenhouse,
4building, or other enclosed area equipped with locks or other
5security devices that permit access only by cannabis business
6establishment agents working for the licensed cannabis
7business establishment or acting pursuant to this Act to
8cultivate, process, store, or distribute cannabis.
9    "Enclosed, locked space" means a closet, room, greenhouse,
10building or other enclosed area equipped with locks or other
11security devices that permit access only by authorized
12individuals under this Act. "Enclosed, locked space" may
13include:
14        (1) a space within a residential building that (i) is
15    the primary residence of the individual cultivating 5 or
16    fewer cannabis plants that are more than 5 inches tall and
17    (ii) includes sleeping quarters and indoor plumbing. The
18    space must only be accessible by a key or code that is
19    different from any key or code that can be used to access
20    the residential building from the exterior; or
21        (2) a structure, such as a shed or greenhouse, that
22    lies on the same plot of land as a residential building
23    that (i) includes sleeping quarters and indoor plumbing and
24    (ii) is used as a primary residence by the person
25    cultivating 5 or fewer cannabis plants that are more than 5
26    inches tall, such as a shed or greenhouse. The structure

 

 

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1    must remain locked when it is unoccupied by people.
2    "Financial institution" has the same meaning as "financial
3organization" as defined in Section 1501 of the Illinois Income
4Tax Act, and also includes the holding companies, subsidiaries,
5and affiliates of such financial organizations.
6    "Flowering stage" means the stage of cultivation where and
7when a cannabis plant is cultivated to produce plant material
8for cannabis products. This includes mature plants as follows:
9        (1) if greater than 2 stigmas are visible at each
10    internode of the plant; or
11        (2) if the cannabis plant is in an area that has been
12    intentionally deprived of light for a period of time
13    intended to produce flower buds and induce maturation, from
14    the moment the light deprivation began through the
15    remainder of the marijuana plant growth cycle.
16    "Individual" means a natural person.
17    "Infuser organization" or "infuser" means a facility
18operated by an organization or business that is licensed by the
19Department of Agriculture to directly incorporate cannabis or
20cannabis concentrate into a product formulation to produce a
21cannabis-infused product.
22    "Kief" means the resinous crystal-like trichomes that are
23found on cannabis and that are accumulated, resulting in a
24higher concentration of cannabinoids, untreated by heat or
25pressure, or extracted using a solvent.
26    "Labor peace agreement" means an agreement between a

 

 

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1cannabis business establishment and any labor organization
2recognized under the National Labor Relations Act, referred to
3in this Act as a bona fide labor organization, that prohibits
4labor organizations and members from engaging in picketing,
5work stoppages, boycotts, and any other economic interference
6with the cannabis business establishment. This agreement means
7that the cannabis business establishment has agreed not to
8disrupt efforts by the bona fide labor organization to
9communicate with, and attempt to organize and represent, the
10cannabis business establishment's employees. The agreement
11shall provide a bona fide labor organization access at
12reasonable times to areas in which the cannabis business
13establishment's employees work, for the purpose of meeting with
14employees to discuss their right to representation, employment
15rights under State law, and terms and conditions of employment.
16This type of agreement shall not mandate a particular method of
17election or certification of the bona fide labor organization.
18    "Limited access area" means a room or other area under the
19control of a cannabis dispensing organization licensed under
20this Act and upon the licensed premises where cannabis sales
21occur with access limited to purchasers, dispensing
22organization owners and other dispensing organization agents,
23or service professionals conducting business with the
24dispensing organization, or, if sales to registered qualifying
25patients, caregivers, provisional patients, and Opioid
26Alternative Pilot Program participants licensed pursuant to

 

 

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1the Compassionate Use of Medical Cannabis Program Act are also
2permitted at the dispensary, registered qualifying patients,
3caregivers, provisional patients, and Opioid Alternative Pilot
4Program participants.
5    "Member of an impacted family" means an individual who has
6a parent, legal guardian, child, spouse, or dependent, or was a
7dependent of an individual who, prior to the effective date of
8this Act, was arrested for, convicted of, or adjudicated
9delinquent for any offense that is eligible for expungement
10under this Act.
11    "Mother plant" means a cannabis plant that is cultivated or
12maintained for the purpose of generating clones, and that will
13not be used to produce plant material for sale to an infuser or
14dispensing organization.
15    "Ordinary public view" means within the sight line with
16normal visual range of a person, unassisted by visual aids,
17from a public street or sidewalk adjacent to real property, or
18from within an adjacent property.
19    "Ownership and control" means ownership of at least 51% of
20the business, including corporate stock if a corporation, and
21control over the management and day-to-day operations of the
22business and an interest in the capital, assets, and profits
23and losses of the business proportionate to percentage of
24ownership.
25    "Person" means a natural individual, firm, partnership,
26association, joint stock company, joint venture, public or

 

 

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1private corporation, limited liability company, or a receiver,
2executor, trustee, guardian, or other representative appointed
3by order of any court.
4    "Possession limit" means the amount of cannabis under
5Section 10-10 that may be possessed at any one time by a person
621 years of age or older or who is a registered qualifying
7medical cannabis patient or caregiver under the Compassionate
8Use of Medical Cannabis Program Act.
9    "Principal officer" includes a cannabis business
10establishment applicant or licensed cannabis business
11establishment's board member, owner with more than 1% interest
12of the total cannabis business establishment or more than 5%
13interest of the total cannabis business establishment of a
14publicly traded company, president, vice president, secretary,
15treasurer, partner, officer, member, manager member, or person
16with a profit sharing, financial interest, or revenue sharing
17arrangement. The definition includes a person with authority to
18control the cannabis business establishment, a person who
19assumes responsibility for the debts of the cannabis business
20establishment and who is further defined in this Act.
21    "Primary residence" means a dwelling where a person usually
22stays or stays more often than other locations. It may be
23determined by, without limitation, presence, tax filings;
24address on an Illinois driver's license, an Illinois
25Identification Card, or an Illinois Person with a Disability
26Identification Card; or voter registration. No person may have

 

 

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1more than one primary residence.
2    "Processing organization" or "processor" means a facility
3operated by an organization or business that is licensed by the
4Department of Agriculture to either extract constituent
5chemicals or compounds to produce cannabis concentrate or
6incorporate cannabis or cannabis concentrate into a product
7formulation to produce a cannabis product.
8    "Processing organization agent" means a principal officer,
9board member, employee, or agent of a processing organization.
10    "Processing organization agent identification card" means
11a document issued by the Department of Agriculture that
12identifies a person as a processing organization agent.
13    "Purchaser" means a person 21 years of age or older who
14acquires cannabis for a valuable consideration. "Purchaser"
15does not include a cardholder under the Compassionate Use of
16Medical Cannabis Program Act.
17    "Qualifying applicant" means an applicant that submitted
18an application pursuant to Section 15-30 that received at least
1985% of 250 available application points pursuant to the
20application scoring procedure described in subsection (c) of
21Section 15-30, including any supplemental process to correct
22deficiencies.
23    "Qualifying Applicant Lottery" means the process for
24awarding Conditional Adult Use Dispensing Organization
25Licenses among qualifying applicants pursuant to Section
2615-30.1.

 

 

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1    "Qualified Social Equity Applicant" means a Social Equity
2Applicant who has been awarded a conditional license under this
3Act to operate a cannabis business establishment.
4    "Resided" means an individual's primary residence was
5located within the relevant geographic area as established by 2
6of the following:
7        (1) a signed lease agreement that includes the
8    applicant's name;
9        (2) a property deed that includes the applicant's name;
10        (3) school records;
11        (4) a voter registration card;
12        (5) an Illinois driver's license, an Illinois
13    Identification Card, or an Illinois Person with a
14    Disability Identification Card;
15        (6) a paycheck stub;
16        (7) a utility bill;
17        (8) tax records; or
18        (9) any other proof of residency or other information
19    necessary to establish residence as provided by rule.
20    "Smoking" means the inhalation of smoke caused by the
21combustion of cannabis.
22    "Social Equity Applicant" means an applicant that is an
23Illinois resident that meets one of the following criteria:
24        (1) an applicant with at least 51% ownership and
25    control by one or more individuals who have resided for at
26    least 5 of the preceding 10 years in a Disproportionately

 

 

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1    Impacted Area;
2        (2) an applicant with at least 51% ownership and
3    control by one or more individuals who:
4            (i) have been arrested for, convicted of, or
5        adjudicated delinquent for any offense that is
6        eligible for expungement under this Act; or
7            (ii) is a member of an impacted family;
8        (3) for applicants with a minimum of 10 full-time
9    employees, an applicant with at least 51% of current
10    employees who:
11            (i) currently reside in a Disproportionately
12        Impacted Area; or
13            (ii) have been arrested for, convicted of, or
14        adjudicated delinquent for any offense that is
15        eligible for expungement under this Act or member of an
16        impacted family.
17    Nothing in this Act shall be construed to preempt or limit
18the duties of any employer under the Job Opportunities for
19Qualified Applicants Act. Nothing in this Act shall permit an
20employer to require an employee to disclose sealed or expunged
21offenses, unless otherwise required by law.
22    "Tincture" means a cannabis-infused solution, typically
23comprised of alcohol, glycerin, or vegetable oils, derived
24either directly from the cannabis plant or from a processed
25cannabis extract. A tincture is not an alcoholic liquor as
26defined in the Liquor Control Act of 1934. A tincture shall

 

 

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1include a calibrated dropper or other similar device capable of
2accurately measuring servings.
3    "Tied applicant" means a dispensary applicant that
4submitted an application pursuant to Section 15-30 that
5received the same number of application points pursuant to the
6application scoring procedure described in subsection (c) of
7Section 15-30 as one or more top-scoring applications in the
8same BLS Region and would have been awarded a license but for
9the one or more other top-scoring applications that received
10the same number of application points, including any
11applications scored pursuant to a supplemental process to
12correct deficiencies. Each application score that is attached
13to a dispensary applicant that has previously paid the required
14application fee for the application period ending January 2,
152020 creates a separate Tied applicant.
16    "Tied Applicant Lottery" means the process established in
17Sections 1291.10 and 1291.50 of Title 68 of the Illinois
18Administrative Code for awarding Conditional Adult Use
19Dispensing Organization Licenses pursuant to Sections 15-25
20and 15-30 among eligible tied applicants.
21    "Transporting organization" or "transporter" means an
22organization or business that is licensed by the Department of
23Agriculture to transport cannabis or cannabis-infused product
24on behalf of a cannabis business establishment or a community
25college licensed under the Community College Cannabis
26Vocational Training Pilot Program.

 

 

10100HB0122sam001- 22 -LRB101 02888 SPS 74911 a

1    "Transporting organization agent" means a principal
2officer, board member, employee, or agent of a transporting
3organization.
4    "Transporting organization agent identification card"
5means a document issued by the Department of Agriculture that
6identifies a person as a transporting organization agent.
7    "Unit of local government" means any county, city, village,
8or incorporated town.
9    "Vegetative stage" means the stage of cultivation in which
10a cannabis plant is propagated to produce additional cannabis
11plants or reach a sufficient size for production. This includes
12seedlings, clones, mothers, and other immature cannabis plants
13as follows:
14        (1) if the cannabis plant is in an area that has not
15    been intentionally deprived of light for a period of time
16    intended to produce flower buds and induce maturation, it
17    has no more than 2 stigmas visible at each internode of the
18    cannabis plant; or
19        (2) any cannabis plant that is cultivated solely for
20    the purpose of propagating clones and is never used to
21    produce cannabis.
22(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
23    (410 ILCS 705/15-25)
24    Sec. 15-25. Awarding of Conditional Adult Use Dispensing
25Organization Licenses prior to January 1, 2021.

 

 

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1    (a) The Department shall issue up to 75 Conditional Adult
2Use Dispensing Organization Licenses before May 1, 2020.
3    (b) The Department shall make the application for a
4Conditional Adult Use Dispensing Organization License
5available no later than October 1, 2019 and shall accept
6applications no later than January 1, 2020.
7    (c) To ensure the geographic dispersion of Conditional
8Adult Use Dispensing Organization License holders, the
9following number of licenses shall be awarded in each BLS
10Region as determined by each region's percentage of the State's
11population:
12        (1) Bloomington: 1
13        (2) Cape Girardeau: 1
14        (3) Carbondale-Marion: 1
15        (4) Champaign-Urbana: 1
16        (5) Chicago-Naperville-Elgin: 47
17        (6) Danville: 1
18        (7) Davenport-Moline-Rock Island: 1
19        (8) Decatur: 1
20        (9) Kankakee: 1
21        (10) Peoria: 3
22        (11) Rockford: 2
23        (12) St. Louis: 4
24        (13) Springfield: 1
25        (14) Northwest Illinois nonmetropolitan: 3
26        (15) West Central Illinois nonmetropolitan: 3

 

 

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1        (16) East Central Illinois nonmetropolitan: 2
2        (17) South Illinois nonmetropolitan: 2
3    (d) An applicant seeking issuance of a Conditional Adult
4Use Dispensing Organization License shall submit an
5application on forms provided by the Department. An applicant
6must meet the following requirements:
7        (1) Payment of a nonrefundable application fee of
8    $5,000 for each license for which the applicant is
9    applying, which shall be deposited into the Cannabis
10    Regulation Fund;
11        (2) Certification that the applicant will comply with
12    the requirements contained in this Act;
13        (3) The legal name of the proposed dispensing
14    organization;
15        (4) A statement that the dispensing organization
16    agrees to respond to the Department's supplemental
17    requests for information;
18        (5) From each principal officer, a statement
19    indicating whether that person:
20            (A) has previously held or currently holds an
21        ownership interest in a cannabis business
22        establishment in Illinois; or
23            (B) has held an ownership interest in a dispensing
24        organization or its equivalent in another state or
25        territory of the United States that had the dispensing
26        organization registration or license suspended,

 

 

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1        revoked, placed on probationary status, or subjected
2        to other disciplinary action;
3        (6) Disclosure of whether any principal officer has
4    ever filed for bankruptcy or defaulted on spousal support
5    or child support obligation;
6        (7) A resume for each principal officer, including
7    whether that person has an academic degree, certification,
8    or relevant experience with a cannabis business
9    establishment or in a related industry;
10        (8) A description of the training and education that
11    will be provided to dispensing organization agents;
12        (9) A copy of the proposed operating bylaws;
13        (10) A copy of the proposed business plan that complies
14    with the requirements in this Act, including, at a minimum,
15    the following:
16            (A) A description of services to be offered; and
17            (B) A description of the process of dispensing
18        cannabis;
19        (11) A copy of the proposed security plan that complies
20    with the requirements in this Article, including:
21            (A) The process or controls that will be
22        implemented to monitor the dispensary, secure the
23        premises, agents, and currency, and prevent the
24        diversion, theft, or loss of cannabis; and
25            (B) The process to ensure that access to the
26        restricted access areas is restricted to, registered

 

 

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1        agents, service professionals, transporting
2        organization agents, Department inspectors, and
3        security personnel;
4        (12) A proposed inventory control plan that complies
5    with this Section;
6        (13) A proposed floor plan, a square footage estimate,
7    and a description of proposed security devices, including,
8    without limitation, cameras, motion detectors, servers,
9    video storage capabilities, and alarm service providers;
10        (14) The name, address, social security number, and
11    date of birth of each principal officer and board member of
12    the dispensing organization; each of those individuals
13    shall be at least 21 years of age;
14        (15) Evidence of the applicant's status as a Social
15    Equity Applicant, if applicable, and whether a Social
16    Equity Applicant plans to apply for a loan or grant issued
17    by the Department of Commerce and Economic Opportunity;
18        (16) The address, telephone number, and email address
19    of the applicant's principal place of business, if
20    applicable. A post office box is not permitted;
21        (17) Written summaries of any information regarding
22    instances in which a business or not-for-profit that a
23    prospective board member previously managed or served on
24    were fined or censured, or any instances in which a
25    business or not-for-profit that a prospective board member
26    previously managed or served on had its registration

 

 

10100HB0122sam001- 27 -LRB101 02888 SPS 74911 a

1    suspended or revoked in any administrative or judicial
2    proceeding;
3        (18) A plan for community engagement;
4        (19) Procedures to ensure accurate recordkeeping and
5    security measures that are in accordance with this Article
6    and Department rules;
7        (20) The estimated volume of cannabis it plans to store
8    at the dispensary;
9        (21) A description of the features that will provide
10    accessibility to purchasers as required by the Americans
11    with Disabilities Act;
12        (22) A detailed description of air treatment systems
13    that will be installed to reduce odors;
14        (23) A reasonable assurance that the issuance of a
15    license will not have a detrimental impact on the community
16    in which the applicant wishes to locate;
17        (24) The dated signature of each principal officer;
18        (25) A description of the enclosed, locked facility
19    where cannabis will be stored by the dispensing
20    organization;
21        (26) Signed statements from each dispensing
22    organization agent stating that he or she will not divert
23    cannabis;
24        (27) The number of licenses it is applying for in each
25    BLS Region;
26        (28) A diversity plan that includes a narrative of at

 

 

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1    least 2,500 words that establishes a goal of diversity in
2    ownership, management, employment, and contracting to
3    ensure that diverse participants and groups are afforded
4    equality of opportunity;
5        (29) A contract with a private security contractor
6    agency that is licensed under Section 10-5 of the Private
7    Detective, Private Alarm, Private Security, Fingerprint
8    Vendor, and Locksmith Act of 2004 in order for the
9    dispensary to have adequate security at its facility; and
10        (30) Other information deemed necessary by the
11    Illinois Cannabis Regulation Oversight Officer to conduct
12    the disparity and availability study referenced in
13    subsection (e) of Section 5-45.
14    (e) An applicant who receives a Conditional Adult Use
15Dispensing Organization License under this Section has 180 days
16from the date of award to identify a physical location for the
17dispensing organization retail storefront. Before a
18conditional licensee receives an authorization to build out the
19dispensing organization from the Department, the Department
20shall inspect the physical space selected by the conditional
21licensee. The Department shall verify the site is suitable for
22public access, the layout promotes the safe dispensing of
23cannabis, the location is sufficient in size, power allocation,
24lighting, parking, handicapped accessible parking spaces,
25accessible entry and exits as required by the Americans with
26Disabilities Act, product handling, and storage. The applicant

 

 

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1shall also provide a statement of reasonable assurance that the
2issuance of a license will not have a detrimental impact on the
3community. The applicant shall also provide evidence that the
4location is not within 1,500 feet of an existing dispensing
5organization. If an applicant is unable to find a suitable
6physical address in the opinion of the Department within 180
7days of the issuance of the Conditional Adult Use Dispensing
8Organization License, the Department may extend the period for
9finding a physical address another 180 days if the Conditional
10Adult Use Dispensing Organization License holder demonstrates
11concrete attempts to secure a location and a hardship. If the
12Department denies the extension or the Conditional Adult Use
13Dispensing Organization License holder is unable to find a
14location or become operational within 360 days of being awarded
15a conditional license, the Department shall rescind the
16conditional license and award it to the next highest scoring
17applicant in the BLS Region for which the license was assigned,
18provided the applicant receiving the license: (i) confirms a
19continued interest in operating a dispensing organization;
20(ii) can provide evidence that the applicant continues to meet
21all requirements for holding a Conditional Adult Use Dispensing
22Organization License set forth in this Act; and (iii) has not
23otherwise become ineligible to be awarded a dispensing
24organization license. If the new awardee is unable to accept
25the Conditional Adult Use Dispensing Organization License, the
26Department shall award the Conditional Adult Use Dispensing

 

 

10100HB0122sam001- 30 -LRB101 02888 SPS 74911 a

1Organization License to the next highest scoring applicant in
2the same manner. The new awardee shall be subject to the same
3required deadlines as provided in this subsection.
4    (e-5) If, within 180 days of being awarded a Conditional
5Adult Use Dispensing Organization License, a dispensing
6organization is unable to find a location within the BLS Region
7in which it was awarded a Conditional Adult Use Dispensing
8Organization License because no jurisdiction within the BLS
9Region allows for the operation of an Adult Use Dispensing
10Organization, the Department of Financial and Professional
11Regulation may authorize the Conditional Adult Use Dispensing
12Organization License holder to transfer its license to a BLS
13Region specified by the Department.
14    (f) A dispensing organization that is awarded a Conditional
15Adult Use Dispensing Organization License pursuant to the
16criteria in Section 15-30 shall not purchase, possess, sell, or
17dispense cannabis or cannabis-infused products until the
18person has received an Adult Use Dispensing Organization
19License issued by the Department pursuant to Section 15-36 of
20this Act.
21    (g) The Department shall conduct a background check of the
22prospective organization agents in order to carry out this
23Article. The Department of State Police shall charge the
24applicant a fee for conducting the criminal history record
25check, which shall be deposited into the State Police Services
26Fund and shall not exceed the actual cost of the record check.

 

 

10100HB0122sam001- 31 -LRB101 02888 SPS 74911 a

1Each person applying as a dispensing organization agent shall
2submit a full set of fingerprints to the Department of State
3Police for the purpose of obtaining a State and federal
4criminal records check. These fingerprints shall be checked
5against the fingerprint records now and hereafter, to the
6extent allowed by law, filed in the Department of State Police
7and Federal Bureau of Identification criminal history records
8databases. The Department of State Police shall furnish,
9following positive identification, all Illinois conviction
10information to the Department.
11(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
12    (410 ILCS 705/15-30.1 new)
13    Sec. 15-30.1. Qualifying Applicant Lottery.
14    (a) Notwithstanding the 75 Conditional Adult Use
15Dispensing Organization Licenses authorized under subsection
16(a) of Section 15-25, the Department shall conduct a lottery to
17award an additional 75 Conditional Adult Use Dispensing
18Organization Licenses through a Qualifying Applicant Lottery
19to qualifying applicants that applied for, but did not receive,
20a Conditional Adult Use Dispensing Organization License
21pursuant to Sections 15-25 and 15-30. Any dispensary applicant
22who has any principal officer who was named on a dispensary
23application who participated or was eligible to participate in
24the Tied Applicant Lottery for the awarding of licenses
25pursuant to Sections 15-25 and 15-30 may not qualify as a

 

 

10100HB0122sam001- 32 -LRB101 02888 SPS 74911 a

1qualifying applicant and may not participate in the lottery for
2awarding licenses pursuant to this Section, unless that
3applicant withdraws from the Tied Applicant Lottery pursuant to
4subsection (f) of this Section. Prior to conducting a
5Qualifying Applicant Lottery, the Department may adopt rules
6through emergency rulemaking in accordance with subsection
7(kk) of Section ' of the Illinois Administrative Procedure Act.
8The General Assembly finds that the adoption of rules to
9regulate cannabis use is deemed an emergency and necessary for
10the public interest, safety, and welfare.
11    (b) There shall be no additional cost to participate in a
12Qualifying Applicant Lottery. However, the Department may
13require a dispensary applicant to submit additional
14documentation in order to participate in a Qualifying Applicant
15Lottery under this Section.
16    (c) No individual may be listed as a principal officer of
17more than 2 total entries across all BLS regions in the
18Qualifying Applicant Lottery. No dispensary applicant may
19submit more than one entry application in any BLS Region in the
20Qualifying Applicant Lottery.
21    (d) No qualifying applicant may be awarded more than 2
22Conditional Adult Use Dispensing Organization Licenses at the
23conclusion of the Qualifying Applicant Lottery.
24    (e) The 75 Conditional Adult Use Dispensing Organization
25Licenses established pursuant to this Section shall be
26geographically allocated in the exact manner as the licenses

 

 

10100HB0122sam001- 33 -LRB101 02888 SPS 74911 a

1under subsection (c) of Section 15-25 of this Act and remain
2subject to all other requirements of Sections 15-25, 15-30, and
315-36 unless such requirements conflict with this Section.
4    (f) Any dispensary applicant seeking to participate in the
5Qualifying Applicant lottery must attest to the Department no
6later than 5 business days after the resulting final score for
7all scored applications pursuant to Section 15-30, including
8any supplemental process to correct deficiencies, is issued to
9dispensary applicants. The attestation must state that the
10dispensary applicant is not participating in the Tied Applicant
11Lottery for awarding licenses pursuant to Sections 15-25 and
1215-30 and the dispensary applicant meets all of the
13requirements to participate in a Qualifying Applicant Lottery
14set forth under this Section. The attestation shall be made on
15forms approved by the Department. If the Department determines
16attestations have been submitted that would result in a
17dispensary applicant exceeding the limits in subsection (c) of
18this Section, then the dispensary applicant shall be
19disqualified from participating in both the Tied Applicant
20Lottery and the Qualifying Applicant Lottery. If the Department
21determines attestations have been submitted that would result
22in a principal officer exceeding the limits in subsection (c)
23of this Section, then all dispensary applicants listing that
24principal officer shall be disqualified from participating in
25both the Tied Applicant Lottery and the Qualifying Applicant
26Lottery.

 

 

10100HB0122sam001- 34 -LRB101 02888 SPS 74911 a

1    (g) The Qualifying Applicant Lottery shall be conducted no
2later than 10 business days after the Department publishes a
3list of qualifying applicants identified by the Department as
4eligible for the Qualifying Applicant Lottery, including any
5supplemental process to correct deficiencies.
6    (h) An applicant that applied for, but did not receive, a
7Conditional Adult Use Dispensing Organization License pursuant
8to Sections 15-25 and 15-30 may qualify as a qualifying
9applicant subject to the following:
10        (1) A dispensary applicant is prohibited from becoming
11    a qualifying applicant if a principal officer of the
12    applicant is a principal officer of more qualifying
13    applicants than the number of available licenses.
14        (2) A dispensary applicant is prohibited from becoming
15    a qualifying applicant if a principal officer resigns after
16    the resulting final score for all scored applications
17    pursuant to Sections 15-25 and 15-30, including any
18    supplemental process to correct deficiencies, is issued to
19    dispensary applicants.
20        (3) A dispensary applicant is prohibited from becoming
21    a qualifying applicant if, after the conclusion of the
22    attestation period identified in subsection (f) of this
23    Section, a principal officer of the applicant is a
24    principal officer of more qualifying applicants than the
25    number of available licenses.
26        (4) A dispensary applicant must have received at least

 

 

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1    85% of total available points on an application submitted
2    pursuant to Section 15-30 to become a qualifying applicant.
3    (i) At the conclusion of the scoring process, the
4Department may distribute the available licenses established
5under this Section by lot subject to the following:
6        (1) The drawing by lot for all available licenses
7    established under this Section shall occur on the same day.
8        (2) Within each BLS Region, the first qualifying
9    applicant drawn shall have the first right to an available
10    license. The second qualifying applicant drawn shall have
11    the second right to an available license. The same pattern
12    shall continue for each subsequent qualifying applicant
13    drawn.
14        (3) The process for distributing available licenses
15    established under this Section shall be recorded by the
16    Department in a format selected by the Department.
17        (4) If, upon being selected for an available license
18    established under this Section, the eligible qualifying
19    applicant has a principal officer that is a principal
20    officer in more than 10 Early Approval Adult Use Dispensing
21    Organization Licenses, Conditional Adult Use Dispensing
22    Organization Licenses, or Adult Use Dispensing
23    Organization Licenses, the licensees and eligible
24    qualifying applicant listing that principal officer must
25    choose which license to abandon pursuant to subsection (d)
26    of Section 15-36 of this Act, and notify the Department in

 

 

10100HB0122sam001- 36 -LRB101 02888 SPS 74911 a

1    writing within 5 business days. If the qualifying applicant
2    or licensees do not notify the Department as required, the
3    Department shall refuse to issue to the qualifying
4    applicant all available licenses established under this
5    Section obtained by lot in all BLS Regions.
6        (5) All available licenses that have been abandoned
7    shall be distributed to the next qualifying applicant drawn
8    by lot.
 
9    (410 ILCS 705/15-40)
10    Sec. 15-40. Dispensing organization agent identification
11card; agent training.
12    (a) The Department shall:
13        (1) verify the information contained in an application
14    or renewal for a dispensing organization agent
15    identification card submitted under this Article, and
16    approve or deny an application or renewal, within 30 days
17    of receiving a completed application or renewal
18    application and all supporting documentation required by
19    rule;
20        (2) issue a dispensing organization agent
21    identification card to a qualifying agent within 15
22    business days of approving the application or renewal;
23        (3) enter the registry identification number of the
24    dispensing organization where the agent works;
25        (4) within one year from the effective date of this

 

 

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1    Act, allow for an electronic application process and
2    provide a confirmation by electronic or other methods that
3    an application has been submitted; and
4        (5) collect a $100 nonrefundable fee from the applicant
5    to be deposited into the Cannabis Regulation Fund.
6    (b) A dispensing organization agent must keep his or her
7identification card visible at all times when in the
8dispensary.
9    (c) The dispensing organization agent identification cards
10shall contain the following:
11        (1) the name of the cardholder;
12        (2) the date of issuance and expiration date of the
13    dispensing organization agent identification cards;
14        (3) a random 10-digit alphanumeric identification
15    number containing at least 4 numbers and at least 4 letters
16    that is unique to the cardholder; and
17        (4) a photograph of the cardholder.
18    (d) The dispensing organization agent identification cards
19shall be immediately returned to the dispensing organization
20upon termination of employment.
21    (e) The Department shall not issue an agent identification
22card if the applicant is delinquent in filing any required tax
23returns or paying any amounts owed to the State of Illinois.
24    (f) Any card lost by a dispensing organization agent shall
25be reported to the Department of State Police and the
26Department immediately upon discovery of the loss.

 

 

10100HB0122sam001- 38 -LRB101 02888 SPS 74911 a

1    (g) An applicant shall be denied a dispensing organization
2agent identification card renewal if he or she fails to
3complete the training provided for in this Section.
4    (h) A dispensing organization agent shall only be required
5to hold one card for the same employer regardless of what type
6of dispensing organization license the employer holds.
7    (i) Cannabis retail sales training requirements.
8        (1) Within 90 days of September 1, 2019, or 90 days of
9    employment, whichever is later, all owners, managers,
10    employees, and agents involved in the handling or sale of
11    cannabis or cannabis-infused product employed by an adult
12    use dispensing organization or medical cannabis dispensing
13    organization as defined in Section 10 of the Compassionate
14    Use of Medical Cannabis Program Act shall attend and
15    successfully complete a Responsible Vendor Program.
16        (2) Each owner, manager, employee, and agent of an
17    adult use dispensing organization or medical cannabis
18    dispensing organization shall successfully complete the
19    program annually.
20        (3) Responsible Vendor Program Training modules shall
21    include at least 2 hours of instruction time approved by
22    the Department including:
23            (i) Health and safety concerns of cannabis use,
24        including the responsible use of cannabis, its
25        physical effects, onset of physiological effects,
26        recognizing signs of impairment, and appropriate

 

 

10100HB0122sam001- 39 -LRB101 02888 SPS 74911 a

1        responses in the event of overconsumption.
2            (ii) Training on laws and regulations on driving
3        while under the influence and operating a watercraft or
4        snowmobile while under the influence.
5            (iii) Sales to minors prohibition. Training shall
6        cover all relevant Illinois laws and rules.
7            (iv) Quantity limitations on sales to purchasers.
8        Training shall cover all relevant Illinois laws and
9        rules.
10            (v) Acceptable forms of identification. Training
11        shall include:
12                (I) How to check identification; and
13                (II) Common mistakes made in verification;
14            (vi) Safe storage of cannabis;
15            (vii) Compliance with all inventory tracking
16        system regulations;
17            (viii) Waste handling, management, and disposal;
18            (ix) Health and safety standards;
19            (x) Maintenance of records;
20            (xi) Security and surveillance requirements;
21            (xii) Permitting inspections by State and local
22        licensing and enforcement authorities;
23            (xiii) Privacy issues;
24            (xiv) Packaging and labeling requirement for sales
25        to purchasers; and
26            (xv) Other areas as determined by rule.

 

 

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1    (j) Blank.
2    (k) Upon the successful completion of the Responsible
3Vendor Program, the provider shall deliver proof of completion
4either through mail or electronic communication to the
5dispensing organization, which shall retain a copy of the
6certificate.
7    (l) The license of a dispensing organization or medical
8cannabis dispensing organization whose owners, managers,
9employees, or agents fail to comply with this Section may be
10suspended or permanently revoked under Section 15-145 or may
11face other disciplinary action.
12    (m) The regulation of dispensing organization and medical
13cannabis dispensing employer and employee training is an
14exclusive function of the State, and regulation by a unit of
15local government, including a home rule unit, is prohibited.
16This subsection (m) is a denial and limitation of home rule
17powers and functions under subsection (h) of Section 6 of
18Article VII of the Illinois Constitution.
19    (n) Persons seeking Department approval to offer the
20training required by paragraph (3) of subsection (i) may apply
21for such approval between August 1 and August 15 of each
22odd-numbered year in a manner prescribed by the Department.
23    (o) Persons seeking Department approval to offer the
24training required by paragraph (3) of subsection (i) shall
25submit a nonrefundable application fee of $2,000 to be
26deposited into the Cannabis Regulation Fund or a fee as may be

 

 

10100HB0122sam001- 41 -LRB101 02888 SPS 74911 a

1set by rule. Any changes made to the training module shall be
2approved by the Department.
3    (p) The Department shall not unreasonably deny approval of
4a training module that meets all the requirements of paragraph
5(3) of subsection (i). A denial of approval shall include a
6detailed description of the reasons for the denial.
7    (q) Any person approved to provide the training required by
8paragraph (3) of subsection (i) shall submit an application for
9re-approval between August 1 and August 15 of each odd-numbered
10year and include a nonrefundable application fee of $2,000 to
11be deposited into the Cannabis Regulation Fund or a fee as may
12be set by rule.
13    (r) All persons applying to become or renewing their
14registrations to be agents, including agents-in-charge and
15principal officers, shall disclose any disciplinary action
16taken against them that may have occurred in Illinois, another
17state, or another country in relation to their employment at a
18cannabis business establishment or at any cannabis cultivation
19center, processor, infuser, dispensary, or other cannabis
20business establishment.
21    (s) An agent may begin employment at a dispensing
22organization while the agent's identification card application
23is pending. Upon approval, the Department shall issue the
24agent's identification card to the dispensing organization
25agent applicant. If denied, the dispensing organization and the
26applicant shall be notified and the applicant must cease all

 

 

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1activity at the dispensing organization immediately.
2(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
3    (410 ILCS 705/20-35)
4    Sec. 20-35. Cultivation center agent identification card.
5    (a) The Department of Agriculture shall:
6        (1) establish by rule the information required in an
7    initial application or renewal application for an agent
8    identification card submitted under this Act and the
9    nonrefundable fee to accompany the initial application or
10    renewal application;
11        (2) verify the information contained in an initial
12    application or renewal application for an agent
13    identification card submitted under this Act, and approve
14    or deny an application within 30 days of receiving a
15    completed initial application or renewal application and
16    all supporting documentation required by rule;
17        (3) issue an agent identification card to a qualifying
18    agent within 15 business days of approving the initial
19    application or renewal application;
20        (4) enter the license number of the cultivation center
21    where the agent works; and
22        (5) allow for an electronic initial application and
23    renewal application process, and provide a confirmation by
24    electronic or other methods that an application has been
25    submitted. The Department of Agriculture may by rule

 

 

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1    require prospective agents to file their applications by
2    electronic means and provide notices to the agents by
3    electronic means.
4    (b) An agent must keep his or her identification card
5visible at all times when on the property of the cultivation
6center at which the agent is employed.
7    (c) The agent identification cards shall contain the
8following:
9        (1) the name of the cardholder;
10        (2) the date of issuance and expiration date of the
11    identification card;
12        (3) a random 10-digit alphanumeric identification
13    number containing at least 4 numbers and at least 4 letters
14    that is unique to the holder;
15        (4) a photograph of the cardholder; and
16        (5) the legal name of the cultivation center employing
17    the agent.
18    (d) An agent identification card shall be immediately
19returned to the cultivation center of the agent upon
20termination of his or her employment.
21    (e) Any agent identification card lost by a cultivation
22center agent shall be reported to the Department of State
23Police and the Department of Agriculture immediately upon
24discovery of the loss.
25    (f) The Department of Agriculture shall not issue an agent
26identification card if the applicant is delinquent in filing

 

 

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1any required tax returns or paying any amounts owed to the
2State of Illinois.
3    (g) An agent may begin employment at a cultivation center
4while the agent's identification card application is pending.
5Upon approval, the Department shall issue the agent's
6identification card to the cultivation center agent applicant.
7If denied, the cultivation center and the applicant shall be
8notified and the applicant must cease all activity at the
9cultivation center immediately.
10(Source: P.A. 101-27, eff. 6-25-19.)
 
11    (410 ILCS 705/25-35)
12    (Section scheduled to be repealed on July 1, 2026)
13    Sec. 25-35. Community College Cannabis Vocational Training
14Pilot Program faculty participant agent identification card.
15    (a) The Department shall:
16        (1) establish by rule the information required in an
17    initial application or renewal application for an agent
18    identification card submitted under this Article and the
19    nonrefundable fee to accompany the initial application or
20    renewal application;
21        (2) verify the information contained in an initial
22    application or renewal application for an agent
23    identification card submitted under this Article, and
24    approve or deny an application within 30 days of receiving
25    a completed initial application or renewal application and

 

 

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1    all supporting documentation required by rule;
2        (3) issue an agent identification card to a qualifying
3    agent within 15 business days of approving the initial
4    application or renewal application;
5        (4) enter the license number of the community college
6    where the agent works; and
7        (5) allow for an electronic initial application and
8    renewal application process, and provide a confirmation by
9    electronic or other methods that an application has been
10    submitted. Each Department may by rule require prospective
11    agents to file their applications by electronic means and
12    to provide notices to the agents by electronic means.
13    (b) An agent must keep his or her identification card
14visible at all times when in the enclosed, locked facility, or
15facilities for which he or she is an agent.
16    (c) The agent identification cards shall contain the
17following:
18        (1) the name of the cardholder;
19        (2) the date of issuance and expiration date of the
20    identification card;
21        (3) a random 10-digit alphanumeric identification
22    number containing at least 4 numbers and at least 4 letters
23    that is unique to the holder;
24        (4) a photograph of the cardholder; and
25        (5) the legal name of the community college employing
26    the agent.

 

 

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1    (d) An agent identification card shall be immediately
2returned to the community college of the agent upon termination
3of his or her employment.
4    (e) Any agent identification card lost shall be reported to
5the Department of State Police and the Department of
6Agriculture immediately upon discovery of the loss.
7    (f) An agent may begin employment at a Community College
8Cannabis Vocational Training Pilot Program while the agent's
9identification card application is pending. Upon approval, the
10Department shall issue the agent's identification card to the
11Community College Cannabis Vocational Training Pilot Program
12participant agent applicant. If denied, the Community College
13Cannabis Vocational Training Pilot Program and the participant
14applicant shall be notified and the applicant must cease all
15activity at the cultivation center immediately.
16(Source: P.A. 101-27, eff. 6-25-19.)
 
17    (410 ILCS 705/30-35)
18    Sec. 30-35. Craft grower agent identification card.
19    (a) The Department of Agriculture shall:
20        (1) establish by rule the information required in an
21    initial application or renewal application for an agent
22    identification card submitted under this Act and the
23    nonrefundable fee to accompany the initial application or
24    renewal application;
25        (2) verify the information contained in an initial

 

 

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1    application or renewal application for an agent
2    identification card submitted under this Act and approve or
3    deny an application within 30 days of receiving a completed
4    initial application or renewal application and all
5    supporting documentation required by rule;
6        (3) issue an agent identification card to a qualifying
7    agent within 15 business days of approving the initial
8    application or renewal application;
9        (4) enter the license number of the craft grower where
10    the agent works; and
11        (5) allow for an electronic initial application and
12    renewal application process, and provide a confirmation by
13    electronic or other methods that an application has been
14    submitted. The Department of Agriculture may by rule
15    require prospective agents to file their applications by
16    electronic means and provide notices to the agents by
17    electronic means.
18    (b) An agent must keep his or her identification card
19visible at all times when on the property of a cannabis
20business establishment, including the craft grower
21organization for which he or she is an agent.
22    (c) The agent identification cards shall contain the
23following:
24        (1) the name of the cardholder;
25        (2) the date of issuance and expiration date of the
26    identification card;

 

 

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1        (3) a random 10-digit alphanumeric identification
2    number containing at least 4 numbers and at least 4 letters
3    that is unique to the holder;
4        (4) a photograph of the cardholder; and
5        (5) the legal name of the craft grower organization
6    employing the agent.
7    (d) An agent identification card shall be immediately
8returned to the cannabis business establishment of the agent
9upon termination of his or her employment.
10    (e) Any agent identification card lost by a craft grower
11agent shall be reported to the Department of State Police and
12the Department of Agriculture immediately upon discovery of the
13loss.
14    (f) An agent may begin employment at a craft grower
15organization while the agent's identification card application
16is pending. Upon approval, the Department shall issue the
17agent's identification card to the craft grower organization
18agent applicant. If denied, the craft grower organization and
19the applicant shall be notified and the applicant must cease
20all activity at the craft grower organization immediately.
21(Source: P.A. 101-27, eff. 6-25-19.)
 
22    (410 ILCS 705/35-30)
23    Sec. 35-30. Infuser agent identification card.
24    (a) The Department of Agriculture shall:
25        (1) establish by rule the information required in an

 

 

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1    initial application or renewal application for an agent
2    identification card submitted under this Act and the
3    nonrefundable fee to accompany the initial application or
4    renewal application;
5        (2) verify the information contained in an initial
6    application or renewal application for an agent
7    identification card submitted under this Act, and approve
8    or deny an application within 30 days of receiving a
9    completed initial application or renewal application and
10    all supporting documentation required by rule;
11        (3) issue an agent identification card to a qualifying
12    agent within 15 business days of approving the initial
13    application or renewal application;
14        (4) enter the license number of the infuser where the
15    agent works; and
16        (5) allow for an electronic initial application and
17    renewal application process, and provide a confirmation by
18    electronic or other methods that an application has been
19    submitted. The Department of Agriculture may by rule
20    require prospective agents to file their applications by
21    electronic means and provide notices to the agents by
22    electronic means.
23    (b) An agent must keep his or her identification card
24visible at all times when on the property of a cannabis
25business establishment including the cannabis business
26establishment for which he or she is an agent.

 

 

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1    (c) The agent identification cards shall contain the
2following:
3        (1) the name of the cardholder;
4        (2) the date of issuance and expiration date of the
5    identification card;
6        (3) a random 10-digit alphanumeric identification
7    number containing at least 4 numbers and at least 4 letters
8    that is unique to the holder;
9        (4) a photograph of the cardholder; and
10        (5) the legal name of the infuser organization
11    employing the agent.
12    (d) An agent identification card shall be immediately
13returned to the infuser organization of the agent upon
14termination of his or her employment.
15    (e) Any agent identification card lost by a transporting
16agent shall be reported to the Department of State Police and
17the Department of Agriculture immediately upon discovery of the
18loss.
19    (f) An agent may begin employment at an infuser
20organization while the agent's identification card application
21is pending. Upon approval, the Department shall issue the
22agent's identification card to the infuser organization agent
23applicant. If denied, the infuser organization and the
24applicant shall be notified and the applicant must cease all
25activity at the infuser organization immediately.
26(Source: P.A. 101-27, eff. 6-25-19.)
 

 

 

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1    (410 ILCS 705/40-30)
2    Sec. 40-30. Transporting agent identification card.
3    (a) The Department of Agriculture shall:
4        (1) establish by rule the information required in an
5    initial application or renewal application for an agent
6    identification card submitted under this Act and the
7    nonrefundable fee to accompany the initial application or
8    renewal application;
9        (2) verify the information contained in an initial
10    application or renewal application for an agent
11    identification card submitted under this Act and approve or
12    deny an application within 30 days of receiving a completed
13    initial application or renewal application and all
14    supporting documentation required by rule;
15        (3) issue an agent identification card to a qualifying
16    agent within 15 business days of approving the initial
17    application or renewal application;
18        (4) enter the license number of the transporting
19    organization where the agent works; and
20        (5) allow for an electronic initial application and
21    renewal application process, and provide a confirmation by
22    electronic or other methods that an application has been
23    submitted. The Department of Agriculture may by rule
24    require prospective agents to file their applications by
25    electronic means and provide notices to the agents by

 

 

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1    electronic means.
2    (b) An agent must keep his or her identification card
3visible at all times when on the property of a cannabis
4business establishment, including the cannabis business
5establishment for which he or she is an agent.
6    (c) The agent identification cards shall contain the
7following:
8        (1) the name of the cardholder;
9        (2) the date of issuance and expiration date of th    e
10    identification card;
11    (3) a random 10-digit alphanumeric identification number
12    containing at least 4 numbers and at least 4 letters that
13    is unique to the holder;
14        (4) a photograph of the cardholder; and
15        (5) the legal name of the transporting organization
16    employing the agent.
17    (d) An agent identification card shall be immediately
18returned to the transporting organization of the agent upon
19termination of his or her employment.
20    (e) Any agent identification card lost by a transporting
21agent shall be reported to the Department of State Police and
22the Department of Agriculture immediately upon discovery of the
23loss.
24    (f) An application for an agent identification card shall
25be denied if the applicant is delinquent in filing any required
26tax returns or paying any amounts owed to the State of

 

 

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1Illinois.
2    (g) An agent may begin employment at a transporting
3organization while the agent's identification card application
4is pending. Upon approval, the Department shall issue the
5agent's identification card to the transporting agent
6applicant. If denied, the transporting organization and the
7applicant shall be notified and the applicant must cease all
8activity at the transporting organization immediately.
9(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
10    (410 ILCS 705/55-21)
11    Sec. 55-21. Cannabis product packaging and labeling.
12    (a) Each cannabis product produced for sale shall be
13registered with the Department of Agriculture on forms provided
14by the Department of Agriculture. Each product registration
15shall include a label and the required registration fee at the
16rate established by the Department of Agriculture for a
17comparable medical cannabis product, or as established by rule.
18The registration fee is for the name of the product offered for
19sale and one fee shall be sufficient for all package sizes.
20    (b) All harvested cannabis intended for distribution to a
21cannabis enterprise must be packaged in a sealed, labeled
22container.
23    (c) At point of sale, any Any product containing cannabis
24shall be packaged in a sealed or resealable, odor-proof, and
25child-resistant cannabis container consistent with current

 

 

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1standards, including the Consumer Product Safety Commission
2standards referenced by the Poison Prevention Act.
3    (d) All cannabis-infused products shall be individually
4wrapped or packaged at the original point of preparation. The
5packaging of the cannabis-infused product shall conform to the
6labeling requirements of the Illinois Food, Drug and Cosmetic
7Act, in addition to the other requirements set forth in this
8Section.
9    (e) Each cannabis product shall be labeled before sale and
10each label shall be securely affixed to the package and shall
11state in legible English and any languages required by the
12Department of Agriculture:
13        (1) the name and post office box of the registered
14    cultivation center or craft grower where the item was
15    manufactured;
16        (2) the common or usual name of the item and the
17    registered name of the cannabis product that was registered
18    with the Department of Agriculture under subsection (a);
19        (3) a unique serial number that will match the product
20    with a cultivation center or craft grower batch and lot
21    number to facilitate any warnings or recalls the Department
22    of Agriculture, cultivation center, or craft grower deems
23    appropriate;
24        (4) the date of final testing and packaging, if
25    sampled, and the identification of the independent testing
26    laboratory;

 

 

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1        (5) the date of harvest and "use by" date;
2        (6) the quantity (in ounces or grams) of cannabis
3    contained in the product;
4        (7) a pass/fail rating based on the laboratory's
5    microbiological, mycotoxins, and pesticide and solvent
6    residue analyses, if sampled;
7        (8) content list.
8            (A) A list of the following, including the minimum
9        and maximum percentage content by weight for
10        subdivisions (e)(8)(A)(i) through (iv):
11                (i) delta-9-tetrahydrocannabinol (THC);
12                (ii) tetrahydrocannabinolic acid (THCA);
13                (iii) cannabidiol (CBD);
14                (iv) cannabidiolic acid (CBDA); and
15                (v) all other ingredients of the item,
16            including any colors, artificial flavors, and
17            preservatives, listed in descending order by
18            predominance of weight shown with common or usual
19            names.
20            (B) The acceptable tolerances for the minimum
21        percentage printed on the label for any of subdivisions
22        (e)(8)(A)(i) through (iv) shall not be below 85% or
23        above 115% of the labeled amount.
24    (f) Packaging must not contain information that:
25        (1) is false or misleading;
26        (2) promotes excessive consumption;

 

 

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1        (3) depicts a person under 21 years of age consuming
2    cannabis;
3        (4) includes the image of a cannabis leaf;
4        (5) includes any image designed or likely to appeal to
5    minors, including cartoons, toys, animals, or children, or
6    any other likeness to images, characters, or phrases that
7    are popularly used to advertise to children, or any
8    packaging or labeling that bears reasonable resemblance to
9    any product available for consumption as a commercially
10    available candy, or that promotes consumption of cannabis;
11        (6) contains any seal, flag, crest, coat of arms, or
12    other insignia likely to mislead the purchaser to believe
13    that the product has been endorsed, made, or used by the
14    State of Illinois or any of its representatives except
15    where authorized by this Act.
16    (g) Cannabis products produced by concentrating or
17extracting ingredients from the cannabis plant shall contain
18the following information, where applicable:
19        (1) If solvents were used to create the concentrate or
20    extract, a statement that discloses the type of extraction
21    method, including any solvents or gases used to create the
22    concentrate or extract; and
23        (2) Any other chemicals or compounds used to produce or
24    were added to the concentrate or extract.
25    (h) All cannabis products must contain warning statements
26established for purchasers, of a size that is legible and

 

 

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1readily visible to a consumer inspecting a package, which may
2not be covered or obscured in any way. The Department of Public
3Health shall define and update appropriate health warnings for
4packages including specific labeling or warning requirements
5for specific cannabis products.
6    (i) Unless modified by rule to strengthen or respond to new
7evidence and science, the following warnings shall apply to all
8cannabis products unless modified by rule: "This product
9contains cannabis and is intended for use by adults 21 and
10over. Its use can impair cognition and may be habit forming.
11This product should not be used by pregnant or breastfeeding
12women. It is unlawful to sell or provide this item to any
13individual, and it may not be transported outside the State of
14Illinois. It is illegal to operate a motor vehicle while under
15the influence of cannabis. Possession or use of this product
16may carry significant legal penalties in some jurisdictions and
17under federal law.".
18    (j) Warnings for each of the following product types must
19be present on labels when offered for sale to a purchaser:
20        (1) Cannabis that may be smoked must contain a
21    statement that "Smoking is hazardous to your health.".
22        (2) Cannabis-infused products (other than those
23    intended for topical application) must contain a statement
24    "CAUTION: This product contains cannabis, and intoxication
25    following use may be delayed 2 or more hours. This product
26    was produced in a facility that cultivates cannabis, and

 

 

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1    that may also process common food allergens.".
2        (3) Cannabis-infused products intended for topical
3    application must contain a statement "DO NOT EAT" in bold,
4    capital letters.
5    (k) Each cannabis-infused product intended for consumption
6must be individually packaged, must include the total milligram
7content of THC and CBD, and may not include more than a total
8of 100 milligrams of THC per package. A package may contain
9multiple servings of 10 milligrams of THC, indicated by
10scoring, wrapping, or by other indicators designating
11individual serving sizes. The Department of Agriculture may
12change the total amount of THC allowed for each package, or the
13total amount of THC allowed for each serving size, by rule.
14    (l) No individual other than the purchaser may alter or
15destroy any labeling affixed to the primary packaging of
16cannabis or cannabis-infused products.
17    (m) For each commercial weighing and measuring device used
18at a facility, the cultivation center or craft grower must:
19        (1) Ensure that the commercial device is licensed under
20    the Weights and Measures Act and the associated
21    administrative rules (8 Ill. Adm. Code 600);
22        (2) Maintain documentation of the licensure of the
23    commercial device; and
24        (3) Provide a copy of the license of the commercial
25    device to the Department of Agriculture for review upon
26    request.

 

 

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1    (n) It is the responsibility of the Department to ensure
2that packaging and labeling requirements, including product
3warnings, are enforced at all times for products provided to
4purchasers. Product registration requirements and container
5requirements may be modified by rule by the Department of
6Agriculture.
7    (o) Labeling, including warning labels, may be modified by
8rule by the Department of Agriculture.
9(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
10    Section 15. The Illinois Vehicle Code is amended by
11changing Sections 11-502.1 and 11-502.15 as follows:
 
12    (625 ILCS 5/11-502.1)
13    Sec. 11-502.1. Possession of medical cannabis in a motor
14vehicle.
15    (a) No driver, who is a medical cannabis cardholder, may
16use medical cannabis within the passenger area of any motor
17vehicle upon a highway in this State.
18    (b) No driver, who is a medical cannabis cardholder, a
19medical cannabis designated caregiver, medical cannabis
20cultivation center agent, or dispensing organization agent may
21possess medical cannabis within any area of any motor vehicle
22upon a highway in this State except in a secured, sealed or
23resealable, odor-proof, and child-resistant medical cannabis
24container that is inaccessible.

 

 

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1    (c) No passenger, who is a medical cannabis card holder, a
2medical cannabis designated caregiver, or medical cannabis
3dispensing organization agent may possess medical cannabis
4within any passenger area of any motor vehicle upon a highway
5in this State except in a secured, sealed or resealable,
6odor-proof, and child-resistant medical cannabis container
7that is inaccessible.
8    (d) Any person who violates subsections (a) through (c) of
9this Section:
10        (1) commits a Class A misdemeanor;
11        (2) shall be subject to revocation of his or her
12    medical cannabis card for a period of 2 years from the end
13    of the sentence imposed; and
14        (3) (4) shall be subject to revocation of his or her
15    status as a medical cannabis caregiver, medical cannabis
16    cultivation center agent, or medical cannabis dispensing
17    organization agent for a period of 2 years from the end of
18    the sentence imposed.
19(Source: P.A. 101-27, eff. 6-25-19; revised 8-6-19.)
 
20    (625 ILCS 5/11-502.15)
21    Sec. 11-502.15. Possession of adult use cannabis in a motor
22vehicle.
23    (a) No driver may use cannabis within the passenger area of
24any motor vehicle upon a highway in this State.
25    (b) No driver may possess cannabis within any area of any

 

 

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1motor vehicle upon a highway in this State except in a secured,
2sealed or resealable, odor-proof, child-resistant cannabis
3container that is inaccessible.
4    (c) No passenger may possess cannabis within any passenger
5area of any motor vehicle upon a highway in this State except
6in a secured, sealed or resealable, odor-proof,
7child-resistant cannabis container that is inaccessible.
8    (d) Any person who knowingly violates subsection (a), (b),
9or (c) of this Section commits a Class A misdemeanor.
10(Source: P.A. 101-27, eff. 6-25-19.)
 
11    Section 97. Severability. The provisions of this Act are
12severable under Section 1.31 of the Statute on Statutes.
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.".