State of Illinois
2019 and 2020


Introduced , by Rep. Sonya M. Harper


410 ILCS 705/15-70
410 ILCS 705/15-85

    Amends the Cannabis Regulation and Tax Act. Removes language prohibiting dispensing organizations from transporting cannabis to residences or other locations where purchasers may be for delivery. Provides that dispensing organizations may deliver cannabis or cannabis-infused products to purchasers if specified requirements are met.

LRB101 18110 CPF 67550 b





HB5274LRB101 18110 CPF 67550 b

1    AN ACT concerning health.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Cannabis Regulation and Tax Act is amended
5by changing Sections 15-70 and 15-85 as follows:
6    (410 ILCS 705/15-70)
7    Sec. 15-70. Operational requirements; prohibitions.
8    (a) A dispensing organization shall operate in accordance
9with the representations made in its application and license
10materials. It shall be in compliance with this Act and rules.
11    (b) A dispensing organization must include the legal name
12of the dispensary on the packaging of any cannabis product it
14    (c) All cannabis, cannabis-infused products, and cannabis
15seeds must be obtained from an Illinois registered adult use
16cultivation center, craft grower, infuser, or another
18    (d) Dispensing organizations are prohibited from selling
19any product containing alcohol except tinctures, which must be
20limited to containers that are no larger than 100 milliliters.
21    (e) A dispensing organization shall inspect and count
22product received from a transporting organization, adult use
23cultivation center, craft grower, infuser organization, or



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1other dispensing organization before dispensing it.
2    (f) A dispensing organization may only accept cannabis
3deliveries into a restricted access area. Deliveries may not be
4accepted through the public or limited access areas unless
5otherwise approved by the Department.
6    (g) A dispensing organization shall maintain compliance
7with State and local building, fire, and zoning requirements or
9    (h) A dispensing organization shall submit a list to the
10Department of the names of all service professionals that will
11work at the dispensary. The list shall include a description of
12the type of business or service provided. Changes to the
13service professional list shall be promptly provided. No
14service professional shall work in the dispensary until the
15name is provided to the Department on the service professional
17    (i) A dispensing organization's license allows for a
18dispensary to be operated only at a single location.
19    (j) A dispensary may operate between 6 a.m. and 10 p.m.
20local time.
21    (k) A dispensing organization must keep all lighting
22outside and inside the dispensary in good working order and
23wattage sufficient for security cameras.
24    (l) A dispensing organization must keep all air treatment
25systems that will be installed to reduce odors in good working



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1    (m) A dispensing organization must contract with a private
2security contractor that is licensed under Section 10-5 of the
3Private Detective, Private Alarm, Private Security,
4Fingerprint Vendor, and Locksmith Act of 2004 to provide
5on-site security at all hours of the dispensary's operation.
6    (n) A dispensing organization shall ensure that any
7building or equipment used by a dispensing organization for the
8storage or sale of cannabis is maintained in a clean and
9sanitary condition.
10    (o) The dispensary shall be free from infestation by
11insects, rodents, or pests.
12    (p) A dispensing organization shall not:
13        (1) Produce or manufacture cannabis;
14        (2) Accept a cannabis product from an adult use
15    cultivation center, craft grower, infuser, dispensing
16    organization, or transporting organization unless it is
17    pre-packaged and labeled in accordance with this Act and
18    any rules that may be adopted pursuant to this Act;
19        (3) Obtain cannabis or cannabis-infused products from
20    outside the State of Illinois;
21        (4) Sell cannabis or cannabis-infused products to a
22    purchaser unless the dispensing organization is licensed
23    under the Compassionate Use of Medical Cannabis Program
24    Act, and the individual is registered under the
25    Compassionate Use of Medical Cannabis Program or the
26    purchaser has been verified to be 21 years of age or older;



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1        (5) Enter into an exclusive agreement with any adult
2    use cultivation center, craft grower, or infuser.
3    Dispensaries shall provide consumers an assortment of
4    products from various cannabis business establishment
5    licensees such that the inventory available for sale at any
6    dispensary from any single cultivation center, craft
7    grower, processor, transporter, or infuser entity shall
8    not be more than 40% of the total inventory available for
9    sale. For the purpose of this subsection, a cultivation
10    center, craft grower, processor, or infuser shall be
11    considered part of the same entity if the licensees share
12    at least one principal officer. The Department may request
13    that a dispensary diversify its products as needed or
14    otherwise discipline a dispensing organization for
15    violating this requirement;
16        (6) Refuse to conduct business with an adult use
17    cultivation center, craft grower, transporting
18    organization, or infuser that has the ability to properly
19    deliver the product and is permitted by the Department of
20    Agriculture, on the same terms as other adult use
21    cultivation centers, craft growers, infusers, or
22    transporters with whom it is dealing;
23        (7) Operate drive-through windows;
24        (8) Allow for the dispensing of cannabis or
25    cannabis-infused products in vending machines;
26        (9) (Blank) Transport cannabis to residences or other



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1    locations where purchasers may be for delivery;
2        (10) Enter into agreements to allow persons who are not
3    dispensing organization agents to deliver cannabis or to
4    transport cannabis to purchasers;
5        (11) Operate a dispensary if its video surveillance
6    equipment is inoperative;
7        (12) Operate a dispensary if the point-of-sale
8    equipment is inoperative;
9        (13) Operate a dispensary if the State's cannabis
10    electronic verification system is inoperative;
11        (14) Have fewer than 2 people working at the dispensary
12    at any time while the dispensary is open;
13        (15) Be located within 1,500 feet of the property line
14    of a pre-existing dispensing organization;
15        (16) Sell clones or any other live plant material;
16        (17) Sell cannabis, cannabis concentrate, or
17    cannabis-infused products in combination or bundled with
18    each other or any other items for one price, and each item
19    of cannabis, concentrate, or cannabis-infused product must
20    be separately identified by quantity and price on the
21    receipt;
22        (18) Violate any other requirements or prohibitions
23    set by Department rules.
24    (q) It is unlawful for any person having an Early Approval
25Adult Use Cannabis Dispensing Organization License, a
26Conditional Adult Use Cannabis Dispensing Organization, an



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1Adult Use Dispensing Organization License, or a medical
2cannabis dispensing organization license issued under the
3Compassionate Use of Medical Cannabis Program Act or any
4officer, associate, member, representative, or agent of such
5licensee to accept, receive, or borrow money or anything else
6of value or accept or receive credit (other than merchandising
7credit in the ordinary course of business for a period not to
8exceed 30 days) directly or indirectly from any adult use
9cultivation center, craft grower, infuser, or transporting
10organization in exchange for preferential placement on the
11dispensing organization's shelves, display cases, or website.
12This includes anything received or borrowed or from any
13stockholders, officers, agents, or persons connected with an
14adult use cultivation center, craft grower, infuser, or
15transporting organization.
16    (r) It is unlawful for any person having an Early Approval
17Adult Use Cannabis Dispensing Organization License, a
18Conditional Adult Use Cannabis Dispensing Organization, an
19Adult Use Dispensing Organization License, or a medical
20cannabis dispensing organization license issued under the
21Compassionate Use of Medical Cannabis Program to enter into any
22contract with any person licensed to cultivate, process, or
23transport cannabis whereby such dispensing organization agrees
24not to sell any cannabis cultivated, processed, transported,
25manufactured, or distributed by any other cultivator,
26transporter, or infuser, and any provision in any contract



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1violative of this Section shall render the whole of such
2contract void and no action shall be brought thereon in any
4(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
5    (410 ILCS 705/15-85)
6    Sec. 15-85. Dispensing cannabis; delivery.
7    (a) Before a dispensing organization agent dispenses
8cannabis to a purchaser, the agent shall:
9        (1) Verify the age of the purchaser by checking a
10    government-issued identification card by use of an
11    electronic reader or electronic scanning device to scan a
12    purchaser's government-issued identification, if
13    applicable, to determine the purchaser's age and the
14    validity of the identification;
15        (2) Verify the validity of the government-issued
16    identification card by use of an electronic reader or
17    electronic scanning device to scan a purchaser's
18    government-issued identification, if applicable, to
19    determine the purchaser's age and the validity of the
20    identification;
21        (3) Offer any appropriate purchaser education or
22    support materials;
23        (4) Enter the following information into the State's
24    cannabis electronic verification system:
25            (i) The dispensing organization agent's



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1        identification number;
2            (ii) The dispensing organization's identification
3        number;
4            (iii) The amount, type (including strain, if
5        applicable) of cannabis or cannabis-infused product
6        dispensed;
7            (iv) The date and time the cannabis was dispensed.
8    (b) A dispensing organization shall refuse to sell cannabis
9or cannabis-infused products to any person unless the person
10produces a valid identification showing that the person is 21
11years of age or older. A medical cannabis dispensing
12organization may sell cannabis or cannabis-infused products to
13a person who is under 21 years of age if the sale complies with
14the provisions of the Compassionate Use of Medical Cannabis
15Program Act and rules.
16    (c) For the purposes of this Section, valid identification
18        (1) Be valid and unexpired;
19        (2) Contain a photograph and the date of birth of the
20    person.
21    (d) A dispensing organization may deliver cannabis or
22cannabis-infused products to a purchaser if:
23        (1) every sale of cannabis or cannabis-infused
24    products that is delivered by the dispensing organization
25    is made directly from the dispensing organization or a
26    website, digital network, or software application service



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1    of the dispensing organization;
2        (2) in addition to any other requirements imposed by
3    the Department by rule, the name of the dispensing
4    organization has been published on the Department's
5    website; and
6        (3) the delivery is made by a dispensing organization
7    agent who is authorized to make the delivery by the
8    dispensing organization by which he or she is employed.
9(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)