State of Illinois
2019 and 2020


Introduced 10/29/2019___________, by


410 ILCS 130/85

    Amends the Compassionate Use of Medical Cannabis Program Act. Provides that the Department of Agriculture shall (rather than may) register exactly (rather than up to) 22 cultivation centers by January 1, 2020 (currently, no date). Provides that if fewer than 22 qualified applicants have applied to the Department by January 1, 2020, the Department may issue registrations to applicants in any other Illinois State Police District. Prohibits the Department from registering a cultivation center after March 1, 2020. Effective immediately.

LRB101 15127 CPF 64260 b





SB2295LRB101 15127 CPF 64260 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 Compassionate Use of Medical Cannabis
5Program Act is amended by changing Section 85 as follows:
6    (410 ILCS 130/85)
7    Sec. 85. Issuance and denial of medical cannabis
8cultivation permit.
9    (a) The Department of Agriculture shall may register up to
1022 cultivation center registrations for operation by January 1,
112020. Except as otherwise provided under subsection (a-5), the
12The Department of Agriculture may not issue more than one
13registration per each Illinois State Police District boundary
14as specified on the date of January 1, 2013. The Department of
15Agriculture may not issue less than the 22 registrations if
16there are qualified applicants who have applied with the
18    (a-5) If fewer than 22 qualified applicants under
19subsection (a) have applied to the Department of Agriculture by
20January 1, 2020, the Department of Agriculture may issue
21registrations to applicants in any other Illinois State Police
22District, as specified on January 1, 2013. Under no
23circumstances shall the Department of Agriculture register a



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1cultivation center after March 1, 2020.
2    (b) The registrations shall be issued and renewed annually
3as determined by administrative rule.
4    (c) The Department of Agriculture shall determine a
5registration fee by rule.
6    (d) A cultivation center may only operate if it has been
7issued a valid registration from the Department of Agriculture.
8When applying for a cultivation center registration, the
9applicant shall submit the following in accordance with
10Department of Agriculture rules:
11        (1) the proposed legal name of the cultivation center;
12        (2) the proposed physical address of the cultivation
13    center and description of the enclosed, locked facility as
14    it applies to cultivation centers where medical cannabis
15    will be grown, harvested, manufactured, packaged, or
16    otherwise prepared for distribution to a dispensing
17    organization;
18        (3) the name, address, and date of birth of each
19    principal officer and board member of the cultivation
20    center, provided that all those individuals shall be at
21    least 21 years of age;
22        (4) any instance in which a business that any of the
23    prospective board members of the cultivation center had
24    managed or served on the board of the business and was
25    convicted, fined, censured, or had a registration or
26    license suspended or revoked in any administrative or



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1    judicial proceeding;
2        (5) cultivation, inventory, and packaging plans;
3        (6) proposed operating by-laws that include procedures
4    for the oversight of the cultivation center, development
5    and implementation of a plant monitoring system, medical
6    cannabis container tracking system, accurate record
7    keeping, staffing plan, and security plan reviewed by the
8    State Police that are in accordance with the rules issued
9    by the Department of Agriculture under this Act. A physical
10    inventory shall be performed of all plants and medical
11    cannabis containers on a weekly basis;
12        (7) experience with agricultural cultivation
13    techniques and industry standards;
14        (8) any academic degrees, certifications, or relevant
15    experience with related businesses;
16        (9) the identity of every person, association, trust,
17    or corporation having any direct or indirect pecuniary
18    interest in the cultivation center operation with respect
19    to which the registration is sought. If the disclosed
20    entity is a trust, the application shall disclose the names
21    and addresses of the beneficiaries; if a corporation, the
22    names and addresses of all stockholders and directors; if a
23    partnership, the names and addresses of all partners, both
24    general and limited;
25        (10) verification from the State Police that all
26    background checks of the principal officer, board members,



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1    and registered agents have been conducted and those
2    individuals have not been convicted of an excluded offense;
3        (11) provide a copy of the current local zoning
4    ordinance to the Department of Agriculture and verify that
5    proposed cultivation center is in compliance with the local
6    zoning rules issued in accordance with Section 140;
7        (12) an application fee set by the Department of
8    Agriculture by rule; and
9        (13) any other information required by Department of
10    Agriculture rules, including, but not limited to a
11    cultivation center applicant's experience with the
12    cultivation of agricultural or horticultural products,
13    operating an agriculturally related business, or operating
14    a horticultural business.
15    (e) An application for a cultivation center permit must be
16denied if any of the following conditions are met:
17        (1) the applicant failed to submit the materials
18    required by this Section, including if the applicant's
19    plans do not satisfy the security, oversight, inventory, or
20    recordkeeping rules issued by the Department of
21    Agriculture;
22        (2) the applicant would not be in compliance with local
23    zoning rules issued in accordance with Section 140;
24        (3) one or more of the prospective principal officers
25    or board members has been convicted of an excluded offense;
26        (4) one or more of the prospective principal officers



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1    or board members has served as a principal officer or board
2    member for a registered dispensing organization or
3    cultivation center that has had its registration revoked;
4        (5) one or more of the principal officers or board
5    members is under 21 years of age;
6        (6) a principal officer or board member of the
7    cultivation center has been convicted of a felony under the
8    laws of this State, any other state, or the United States;
9        (7) a principal officer or board member of the
10    cultivation center has been convicted of any violation of
11    Article 28 of the Criminal Code of 2012, or substantially
12    similar laws of any other jurisdiction; or
13        (8) the person has submitted an application for a
14    certificate under this Act which contains false
15    information.
16(Source: P.A. 98-122, eff. 1-1-14.)
17    Section 99. Effective date. This Act takes effect upon
18becoming law.