Rep. La Shawn K. Ford

Filed: 4/20/2021

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1443

2    AMENDMENT NO. ______. Amend House Bill 1443 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. The Illinois Administrative Procedure Act is
5amended by changing Section 5-45 as follows:
 
6    (5 ILCS 100/5-45)  (from Ch. 127, par. 1005-45)
7    Sec. 5-45. Emergency rulemaking.
8    (a) "Emergency" means the existence of any situation that
9any agency finds reasonably constitutes a threat to the public
10interest, safety, or welfare.
11    (b) If any agency finds that an emergency exists that
12requires adoption of a rule upon fewer days than is required by
13Section 5-40 and states in writing its reasons for that
14finding, the agency may adopt an emergency rule without prior
15notice or hearing upon filing a notice of emergency rulemaking
16with the Secretary of State under Section 5-70. The notice

 

 

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1shall include the text of the emergency rule and shall be
2published in the Illinois Register. Consent orders or other
3court orders adopting settlements negotiated by an agency may
4be adopted under this Section. Subject to applicable
5constitutional or statutory provisions, an emergency rule
6becomes effective immediately upon filing under Section 5-65
7or at a stated date less than 10 days thereafter. The agency's
8finding and a statement of the specific reasons for the
9finding shall be filed with the rule. The agency shall take
10reasonable and appropriate measures to make emergency rules
11known to the persons who may be affected by them.
12    (c) An emergency rule may be effective for a period of not
13longer than 150 days, but the agency's authority to adopt an
14identical rule under Section 5-40 is not precluded. No
15emergency rule may be adopted more than once in any 24-month
16period, except that this limitation on the number of emergency
17rules that may be adopted in a 24-month period does not apply
18to (i) emergency rules that make additions to and deletions
19from the Drug Manual under Section 5-5.16 of the Illinois
20Public Aid Code or the generic drug formulary under Section
213.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
22emergency rules adopted by the Pollution Control Board before
23July 1, 1997 to implement portions of the Livestock Management
24Facilities Act, (iii) emergency rules adopted by the Illinois
25Department of Public Health under subsections (a) through (i)
26of Section 2 of the Department of Public Health Act when

 

 

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1necessary to protect the public's health, (iv) emergency rules
2adopted pursuant to subsection (n) of this Section, (v)
3emergency rules adopted pursuant to subsection (o) of this
4Section, or (vi) emergency rules adopted pursuant to
5subsection (c-5) of this Section. Two or more emergency rules
6having substantially the same purpose and effect shall be
7deemed to be a single rule for purposes of this Section.
8    (c-5) To facilitate the maintenance of the program of
9group health benefits provided to annuitants, survivors, and
10retired employees under the State Employees Group Insurance
11Act of 1971, rules to alter the contributions to be paid by the
12State, annuitants, survivors, retired employees, or any
13combination of those entities, for that program of group
14health benefits, shall be adopted as emergency rules. The
15adoption of those rules shall be considered an emergency and
16necessary for the public interest, safety, and welfare.
17    (d) In order to provide for the expeditious and timely
18implementation of the State's fiscal year 1999 budget,
19emergency rules to implement any provision of Public Act
2090-587 or 90-588 or any other budget initiative for fiscal
21year 1999 may be adopted in accordance with this Section by the
22agency charged with administering that provision or
23initiative, except that the 24-month limitation on the
24adoption of emergency rules and the provisions of Sections
255-115 and 5-125 do not apply to rules adopted under this
26subsection (d). The adoption of emergency rules authorized by

 

 

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1this subsection (d) shall be deemed to be necessary for the
2public interest, safety, and welfare.
3    (e) In order to provide for the expeditious and timely
4implementation of the State's fiscal year 2000 budget,
5emergency rules to implement any provision of Public Act 91-24
6or any other budget initiative for fiscal year 2000 may be
7adopted in accordance with this Section by the agency charged
8with administering that provision or initiative, except that
9the 24-month limitation on the adoption of emergency rules and
10the provisions of Sections 5-115 and 5-125 do not apply to
11rules adopted under this subsection (e). The adoption of
12emergency rules authorized by this subsection (e) shall be
13deemed to be necessary for the public interest, safety, and
14welfare.
15    (f) In order to provide for the expeditious and timely
16implementation of the State's fiscal year 2001 budget,
17emergency rules to implement any provision of Public Act
1891-712 or any other budget initiative for fiscal year 2001 may
19be adopted in accordance with this Section by the agency
20charged with administering that provision or initiative,
21except that the 24-month limitation on the adoption of
22emergency rules and the provisions of Sections 5-115 and 5-125
23do not apply to rules adopted under this subsection (f). The
24adoption of emergency rules authorized by this subsection (f)
25shall be deemed to be necessary for the public interest,
26safety, and welfare.

 

 

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1    (g) In order to provide for the expeditious and timely
2implementation of the State's fiscal year 2002 budget,
3emergency rules to implement any provision of Public Act 92-10
4or any other budget initiative for fiscal year 2002 may be
5adopted in accordance with this Section by the agency charged
6with administering that provision or initiative, except that
7the 24-month limitation on the adoption of emergency rules and
8the provisions of Sections 5-115 and 5-125 do not apply to
9rules adopted under this subsection (g). The adoption of
10emergency rules authorized by this subsection (g) shall be
11deemed to be necessary for the public interest, safety, and
12welfare.
13    (h) In order to provide for the expeditious and timely
14implementation of the State's fiscal year 2003 budget,
15emergency rules to implement any provision of Public Act
1692-597 or any other budget initiative for fiscal year 2003 may
17be adopted in accordance with this Section by the agency
18charged with administering that provision or initiative,
19except that the 24-month limitation on the adoption of
20emergency rules and the provisions of Sections 5-115 and 5-125
21do not apply to rules adopted under this subsection (h). The
22adoption of emergency rules authorized by this subsection (h)
23shall be deemed to be necessary for the public interest,
24safety, and welfare.
25    (i) In order to provide for the expeditious and timely
26implementation of the State's fiscal year 2004 budget,

 

 

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1emergency rules to implement any provision of Public Act 93-20
2or any other budget initiative for fiscal year 2004 may be
3adopted in accordance with this Section by the agency charged
4with administering that provision or initiative, except that
5the 24-month limitation on the adoption of emergency rules and
6the provisions of Sections 5-115 and 5-125 do not apply to
7rules adopted under this subsection (i). The adoption of
8emergency rules authorized by this subsection (i) shall be
9deemed to be necessary for the public interest, safety, and
10welfare.
11    (j) In order to provide for the expeditious and timely
12implementation of the provisions of the State's fiscal year
132005 budget as provided under the Fiscal Year 2005 Budget
14Implementation (Human Services) Act, emergency rules to
15implement any provision of the Fiscal Year 2005 Budget
16Implementation (Human Services) Act may be adopted in
17accordance with this Section by the agency charged with
18administering that provision, except that the 24-month
19limitation on the adoption of emergency rules and the
20provisions of Sections 5-115 and 5-125 do not apply to rules
21adopted under this subsection (j). The Department of Public
22Aid may also adopt rules under this subsection (j) necessary
23to administer the Illinois Public Aid Code and the Children's
24Health Insurance Program Act. The adoption of emergency rules
25authorized by this subsection (j) shall be deemed to be
26necessary for the public interest, safety, and welfare.

 

 

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1    (k) In order to provide for the expeditious and timely
2implementation of the provisions of the State's fiscal year
32006 budget, emergency rules to implement any provision of
4Public Act 94-48 or any other budget initiative for fiscal
5year 2006 may be adopted in accordance with this Section by the
6agency charged with administering that provision or
7initiative, except that the 24-month limitation on the
8adoption of emergency rules and the provisions of Sections
95-115 and 5-125 do not apply to rules adopted under this
10subsection (k). The Department of Healthcare and Family
11Services may also adopt rules under this subsection (k)
12necessary to administer the Illinois Public Aid Code, the
13Senior Citizens and Persons with Disabilities Property Tax
14Relief Act, the Senior Citizens and Disabled Persons
15Prescription Drug Discount Program Act (now the Illinois
16Prescription Drug Discount Program Act), and the Children's
17Health Insurance Program Act. The adoption of emergency rules
18authorized by this subsection (k) shall be deemed to be
19necessary for the public interest, safety, and welfare.
20    (l) In order to provide for the expeditious and timely
21implementation of the provisions of the State's fiscal year
222007 budget, the Department of Healthcare and Family Services
23may adopt emergency rules during fiscal year 2007, including
24rules effective July 1, 2007, in accordance with this
25subsection to the extent necessary to administer the
26Department's responsibilities with respect to amendments to

 

 

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1the State plans and Illinois waivers approved by the federal
2Centers for Medicare and Medicaid Services necessitated by the
3requirements of Title XIX and Title XXI of the federal Social
4Security Act. The adoption of emergency rules authorized by
5this subsection (l) shall be deemed to be necessary for the
6public interest, safety, and welfare.
7    (m) In order to provide for the expeditious and timely
8implementation of the provisions of the State's fiscal year
92008 budget, the Department of Healthcare and Family Services
10may adopt emergency rules during fiscal year 2008, including
11rules effective July 1, 2008, in accordance with this
12subsection to the extent necessary to administer the
13Department's responsibilities with respect to amendments to
14the State plans and Illinois waivers approved by the federal
15Centers for Medicare and Medicaid Services necessitated by the
16requirements of Title XIX and Title XXI of the federal Social
17Security Act. The adoption of emergency rules authorized by
18this subsection (m) shall be deemed to be necessary for the
19public interest, safety, and welfare.
20    (n) In order to provide for the expeditious and timely
21implementation of the provisions of the State's fiscal year
222010 budget, emergency rules to implement any provision of
23Public Act 96-45 or any other budget initiative authorized by
24the 96th General Assembly for fiscal year 2010 may be adopted
25in accordance with this Section by the agency charged with
26administering that provision or initiative. The adoption of

 

 

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1emergency rules authorized by this subsection (n) shall be
2deemed to be necessary for the public interest, safety, and
3welfare. The rulemaking authority granted in this subsection
4(n) shall apply only to rules promulgated during Fiscal Year
52010.
6    (o) In order to provide for the expeditious and timely
7implementation of the provisions of the State's fiscal year
82011 budget, emergency rules to implement any provision of
9Public Act 96-958 or any other budget initiative authorized by
10the 96th General Assembly for fiscal year 2011 may be adopted
11in accordance with this Section by the agency charged with
12administering that provision or initiative. The adoption of
13emergency rules authorized by this subsection (o) is deemed to
14be necessary for the public interest, safety, and welfare. The
15rulemaking authority granted in this subsection (o) applies
16only to rules promulgated on or after July 1, 2010 (the
17effective date of Public Act 96-958) through June 30, 2011.
18    (p) In order to provide for the expeditious and timely
19implementation of the provisions of Public Act 97-689,
20emergency rules to implement any provision of Public Act
2197-689 may be adopted in accordance with this subsection (p)
22by the agency charged with administering that provision or
23initiative. The 150-day limitation of the effective period of
24emergency rules does not apply to rules adopted under this
25subsection (p), and the effective period may continue through
26June 30, 2013. The 24-month limitation on the adoption of

 

 

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1emergency rules does not apply to rules adopted under this
2subsection (p). The adoption of emergency rules authorized by
3this subsection (p) is deemed to be necessary for the public
4interest, safety, and welfare.
5    (q) In order to provide for the expeditious and timely
6implementation of the provisions of Articles 7, 8, 9, 11, and
712 of Public Act 98-104, emergency rules to implement any
8provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104
9may be adopted in accordance with this subsection (q) by the
10agency charged with administering that provision or
11initiative. The 24-month limitation on the adoption of
12emergency rules does not apply to rules adopted under this
13subsection (q). The adoption of emergency rules authorized by
14this subsection (q) is deemed to be necessary for the public
15interest, safety, and welfare.
16    (r) In order to provide for the expeditious and timely
17implementation of the provisions of Public Act 98-651,
18emergency rules to implement Public Act 98-651 may be adopted
19in accordance with this subsection (r) by the Department of
20Healthcare and Family Services. The 24-month limitation on the
21adoption of emergency rules does not apply to rules adopted
22under this subsection (r). The adoption of emergency rules
23authorized by this subsection (r) is deemed to be necessary
24for the public interest, safety, and welfare.
25    (s) In order to provide for the expeditious and timely
26implementation of the provisions of Sections 5-5b.1 and 5A-2

 

 

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1of the Illinois Public Aid Code, emergency rules to implement
2any provision of Section 5-5b.1 or Section 5A-2 of the
3Illinois Public Aid Code may be adopted in accordance with
4this subsection (s) by the Department of Healthcare and Family
5Services. The rulemaking authority granted in this subsection
6(s) shall apply only to those rules adopted prior to July 1,
72015. Notwithstanding any other provision of this Section, any
8emergency rule adopted under this subsection (s) shall only
9apply to payments made for State fiscal year 2015. The
10adoption of emergency rules authorized by this subsection (s)
11is deemed to be necessary for the public interest, safety, and
12welfare.
13    (t) In order to provide for the expeditious and timely
14implementation of the provisions of Article II of Public Act
1599-6, emergency rules to implement the changes made by Article
16II of Public Act 99-6 to the Emergency Telephone System Act may
17be adopted in accordance with this subsection (t) by the
18Department of State Police. The rulemaking authority granted
19in this subsection (t) shall apply only to those rules adopted
20prior to July 1, 2016. The 24-month limitation on the adoption
21of emergency rules does not apply to rules adopted under this
22subsection (t). The adoption of emergency rules authorized by
23this subsection (t) is deemed to be necessary for the public
24interest, safety, and welfare.
25    (u) In order to provide for the expeditious and timely
26implementation of the provisions of the Burn Victims Relief

 

 

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1Act, emergency rules to implement any provision of the Act may
2be adopted in accordance with this subsection (u) by the
3Department of Insurance. The rulemaking authority granted in
4this subsection (u) shall apply only to those rules adopted
5prior to December 31, 2015. The adoption of emergency rules
6authorized by this subsection (u) is deemed to be necessary
7for the public interest, safety, and welfare.
8    (v) In order to provide for the expeditious and timely
9implementation of the provisions of Public Act 99-516,
10emergency rules to implement Public Act 99-516 may be adopted
11in accordance with this subsection (v) by the Department of
12Healthcare and Family Services. The 24-month limitation on the
13adoption of emergency rules does not apply to rules adopted
14under this subsection (v). The adoption of emergency rules
15authorized by this subsection (v) is deemed to be necessary
16for the public interest, safety, and welfare.
17    (w) In order to provide for the expeditious and timely
18implementation of the provisions of Public Act 99-796,
19emergency rules to implement the changes made by Public Act
2099-796 may be adopted in accordance with this subsection (w)
21by the Adjutant General. The adoption of emergency rules
22authorized by this subsection (w) is deemed to be necessary
23for the public interest, safety, and welfare.
24    (x) In order to provide for the expeditious and timely
25implementation of the provisions of Public Act 99-906,
26emergency rules to implement subsection (i) of Section

 

 

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116-115D, subsection (g) of Section 16-128A, and subsection (a)
2of Section 16-128B of the Public Utilities Act may be adopted
3in accordance with this subsection (x) by the Illinois
4Commerce Commission. The rulemaking authority granted in this
5subsection (x) shall apply only to those rules adopted within
6180 days after June 1, 2017 (the effective date of Public Act
799-906). The adoption of emergency rules authorized by this
8subsection (x) is deemed to be necessary for the public
9interest, safety, and welfare.
10    (y) In order to provide for the expeditious and timely
11implementation of the provisions of Public Act 100-23,
12emergency rules to implement the changes made by Public Act
13100-23 to Section 4.02 of the Illinois Act on the Aging,
14Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code,
15Section 55-30 of the Alcoholism and Other Drug Abuse and
16Dependency Act, and Sections 74 and 75 of the Mental Health and
17Developmental Disabilities Administrative Act may be adopted
18in accordance with this subsection (y) by the respective
19Department. The adoption of emergency rules authorized by this
20subsection (y) is deemed to be necessary for the public
21interest, safety, and welfare.
22    (z) In order to provide for the expeditious and timely
23implementation of the provisions of Public Act 100-554,
24emergency rules to implement the changes made by Public Act
25100-554 to Section 4.7 of the Lobbyist Registration Act may be
26adopted in accordance with this subsection (z) by the

 

 

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1Secretary of State. The adoption of emergency rules authorized
2by this subsection (z) is deemed to be necessary for the public
3interest, safety, and welfare.
4    (aa) In order to provide for the expeditious and timely
5initial implementation of the changes made to Articles 5, 5A,
612, and 14 of the Illinois Public Aid Code under the provisions
7of Public Act 100-581, the Department of Healthcare and Family
8Services may adopt emergency rules in accordance with this
9subsection (aa). The 24-month limitation on the adoption of
10emergency rules does not apply to rules to initially implement
11the changes made to Articles 5, 5A, 12, and 14 of the Illinois
12Public Aid Code adopted under this subsection (aa). The
13adoption of emergency rules authorized by this subsection (aa)
14is deemed to be necessary for the public interest, safety, and
15welfare.
16    (bb) In order to provide for the expeditious and timely
17implementation of the provisions of Public Act 100-587,
18emergency rules to implement the changes made by Public Act
19100-587 to Section 4.02 of the Illinois Act on the Aging,
20Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code,
21subsection (b) of Section 55-30 of the Alcoholism and Other
22Drug Abuse and Dependency Act, Section 5-104 of the
23Specialized Mental Health Rehabilitation Act of 2013, and
24Section 75 and subsection (b) of Section 74 of the Mental
25Health and Developmental Disabilities Administrative Act may
26be adopted in accordance with this subsection (bb) by the

 

 

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1respective Department. The adoption of emergency rules
2authorized by this subsection (bb) is deemed to be necessary
3for the public interest, safety, and welfare.
4    (cc) In order to provide for the expeditious and timely
5implementation of the provisions of Public Act 100-587,
6emergency rules may be adopted in accordance with this
7subsection (cc) to implement the changes made by Public Act
8100-587 to: Sections 14-147.5 and 14-147.6 of the Illinois
9Pension Code by the Board created under Article 14 of the Code;
10Sections 15-185.5 and 15-185.6 of the Illinois Pension Code by
11the Board created under Article 15 of the Code; and Sections
1216-190.5 and 16-190.6 of the Illinois Pension Code by the
13Board created under Article 16 of the Code. The adoption of
14emergency rules authorized by this subsection (cc) is deemed
15to be necessary for the public interest, safety, and welfare.
16    (dd) In order to provide for the expeditious and timely
17implementation of the provisions of Public Act 100-864,
18emergency rules to implement the changes made by Public Act
19100-864 to Section 3.35 of the Newborn Metabolic Screening Act
20may be adopted in accordance with this subsection (dd) by the
21Secretary of State. The adoption of emergency rules authorized
22by this subsection (dd) is deemed to be necessary for the
23public interest, safety, and welfare.
24    (ee) In order to provide for the expeditious and timely
25implementation of the provisions of Public Act 100-1172,
26emergency rules implementing the Illinois Underground Natural

 

 

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1Gas Storage Safety Act may be adopted in accordance with this
2subsection by the Department of Natural Resources. The
3adoption of emergency rules authorized by this subsection is
4deemed to be necessary for the public interest, safety, and
5welfare.
6    (ff) In order to provide for the expeditious and timely
7initial implementation of the changes made to Articles 5A and
814 of the Illinois Public Aid Code under the provisions of
9Public Act 100-1181, the Department of Healthcare and Family
10Services may on a one-time-only basis adopt emergency rules in
11accordance with this subsection (ff). The 24-month limitation
12on the adoption of emergency rules does not apply to rules to
13initially implement the changes made to Articles 5A and 14 of
14the Illinois Public Aid Code adopted under this subsection
15(ff). The adoption of emergency rules authorized by this
16subsection (ff) is deemed to be necessary for the public
17interest, safety, and welfare.
18    (gg) In order to provide for the expeditious and timely
19implementation of the provisions of Public Act 101-1,
20emergency rules may be adopted by the Department of Labor in
21accordance with this subsection (gg) to implement the changes
22made by Public Act 101-1 to the Minimum Wage Law. The adoption
23of emergency rules authorized by this subsection (gg) is
24deemed to be necessary for the public interest, safety, and
25welfare.
26    (hh) In order to provide for the expeditious and timely

 

 

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1implementation of the provisions of Public Act 101-10,
2emergency rules may be adopted in accordance with this
3subsection (hh) to implement the changes made by Public Act
4101-10 to subsection (j) of Section 5-5.2 of the Illinois
5Public Aid Code. The adoption of emergency rules authorized by
6this subsection (hh) is deemed to be necessary for the public
7interest, safety, and welfare.
8    (ii) In order to provide for the expeditious and timely
9implementation of the provisions of Public Act 101-10,
10emergency rules to implement the changes made by Public Act
11101-10 to Sections 5-5.4 and 5-5.4i of the Illinois Public Aid
12Code may be adopted in accordance with this subsection (ii) by
13the Department of Public Health. The adoption of emergency
14rules authorized by this subsection (ii) is deemed to be
15necessary for the public interest, safety, and welfare.
16    (jj) In order to provide for the expeditious and timely
17implementation of the provisions of Public Act 101-10,
18emergency rules to implement the changes made by Public Act
19101-10 to Section 74 of the Mental Health and Developmental
20Disabilities Administrative Act may be adopted in accordance
21with this subsection (jj) by the Department of Human Services.
22The adoption of emergency rules authorized by this subsection
23(jj) is deemed to be necessary for the public interest,
24safety, and welfare.
25    (kk) In order to provide for the expeditious and timely
26implementation of the Cannabis Regulation and Tax Act, and

 

 

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1Public Act 101-27, and this amendatory Act of the 102nd
2General Assembly, the Department of Revenue, the Department of
3Public Health, the Department of Agriculture, the Department
4of State Police, and the Department of Financial and
5Professional Regulation may adopt emergency rules in
6accordance with this subsection (kk). The rulemaking authority
7granted in this subsection (kk) shall apply only to rules
8adopted before December 31, 2021. Notwithstanding the
9provisions of subsection (c), emergency rules adopted under
10this subsection (kk) shall be effective for 180 days. The
11adoption of emergency rules authorized by this subsection (kk)
12is deemed to be necessary for the public interest, safety, and
13welfare.
14    (ll) In order to provide for the expeditious and timely
15implementation of the provisions of the Leveling the Playing
16Field for Illinois Retail Act, emergency rules may be adopted
17in accordance with this subsection (ll) to implement the
18changes made by the Leveling the Playing Field for Illinois
19Retail Act. The adoption of emergency rules authorized by this
20subsection (ll) is deemed to be necessary for the public
21interest, safety, and welfare.
22    (mm) In order to provide for the expeditious and timely
23implementation of the provisions of Section 25-70 of the
24Sports Wagering Act, emergency rules to implement Section
2525-70 of the Sports Wagering Act may be adopted in accordance
26with this subsection (mm) by the Department of the Lottery as

 

 

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1provided in the Sports Wagering Act. The adoption of emergency
2rules authorized by this subsection (mm) is deemed to be
3necessary for the public interest, safety, and welfare.
4    (nn) In order to provide for the expeditious and timely
5implementation of the Sports Wagering Act, emergency rules to
6implement the Sports Wagering Act may be adopted in accordance
7with this subsection (nn) by the Illinois Gaming Board. The
8adoption of emergency rules authorized by this subsection (nn)
9is deemed to be necessary for the public interest, safety, and
10welfare.
11    (oo) In order to provide for the expeditious and timely
12implementation of the provisions of subsection (c) of Section
1320 of the Video Gaming Act, emergency rules to implement the
14provisions of subsection (c) of Section 20 of the Video Gaming
15Act may be adopted in accordance with this subsection (oo) by
16the Illinois Gaming Board. The adoption of emergency rules
17authorized by this subsection (oo) is deemed to be necessary
18for the public interest, safety, and welfare.
19    (pp) In order to provide for the expeditious and timely
20implementation of the provisions of Section 50 of the Sexual
21Assault Evidence Submission Act, emergency rules to implement
22Section 50 of the Sexual Assault Evidence Submission Act may
23be adopted in accordance with this subsection (pp) by the
24Department of State Police. The adoption of emergency rules
25authorized by this subsection (pp) is deemed to be necessary
26for the public interest, safety, and welfare.

 

 

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1    (qq) In order to provide for the expeditious and timely
2implementation of the provisions of the Illinois Works Jobs
3Program Act, emergency rules may be adopted in accordance with
4this subsection (qq) to implement the Illinois Works Jobs
5Program Act. The adoption of emergency rules authorized by
6this subsection (qq) is deemed to be necessary for the public
7interest, safety, and welfare.
8(Source: P.A. 100-23, eff. 7-6-17; 100-554, eff. 11-16-17;
9100-581, eff. 3-12-18; 100-587, Article 95, Section 95-5, eff.
106-4-18; 100-587, Article 110, Section 110-5, eff. 6-4-18;
11100-864, eff. 8-14-18; 100-1172, eff. 1-4-19; 100-1181, eff.
123-8-19; 101-1, eff. 2-19-19; 101-10, Article 20, Section 20-5,
13eff. 6-5-19; 101-10, Article 35, Section 35-5, eff. 6-5-19;
14101-27, eff. 6-25-19; 101-31, Article 15, Section 15-5, eff.
156-28-19; 101-31, Article 25, Section 25-900, eff. 6-28-19;
16101-31, Article 35, Section 35-3, eff. 6-28-19; 101-377, eff.
178-16-19; 101-601, eff. 12-10-19.)
 
18    Section 5. The Compassionate Use of Medical Cannabis
19Program Act is amended by changing Sections 55, 100, 115, 130,
20and 145 and by adding Section 115.5 as follows:
 
21    (410 ILCS 130/55)
22    Sec. 55. Registration of qualifying patients and
23designated caregivers.
24    (a) The Department of Public Health shall issue registry

 

 

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1identification cards to qualifying patients and designated
2caregivers who submit a completed application, and at minimum,
3the following, in accordance with Department of Public Health
4rules:
5        (1) A written certification, on a form developed by
6    the Department of Public Health consistent with Section 36
7    and issued by a certifying health care professional,
8    within 90 days immediately preceding the date of an
9    application and submitted by the qualifying patient or his
10    or her designated caregiver;
11        (2) upon the execution of applicable privacy waivers,
12    the patient's medical documentation related to his or her
13    debilitating condition and any other information that may
14    be reasonably required by the Department of Public Health
15    to confirm that the certifying health care professional
16    and patient have a bona fide health care
17    professional-patient relationship, that the qualifying
18    patient is in the certifying health care professional's
19    care for his or her debilitating medical condition, and to
20    substantiate the patient's diagnosis;
21        (3) the application or renewal fee as set by rule;
22        (4) the name, address, date of birth, and social
23    security number of the qualifying patient, except that if
24    the applicant is homeless no address is required;
25        (5) the name, address, and telephone number of the
26    qualifying patient's certifying health care professional;

 

 

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1        (6) the name, address, and date of birth of the
2    designated caregiver, if any, chosen by the qualifying
3    patient;
4        (7) (blank) the name of the registered medical
5    cannabis dispensing organization the qualifying patient
6    designates;
7        (8) signed statements from the patient and designated
8    caregiver asserting that they will not divert medical
9    cannabis; and
10        (9) (blank).
11    (b) Notwithstanding any other provision of this Act, a
12person provided a written certification for a debilitating
13medical condition who has submitted a completed online
14application to the Department of Public Health shall receive a
15provisional registration and be entitled to purchase medical
16cannabis from a specified licensed dispensing organization for
17a period of 90 days or until his or her application has been
18denied or he or she receives a registry identification card,
19whichever is earlier. However, a person may obtain an
20additional provisional registration after the expiration of 90
21days after the date of application if the Department of Public
22Health does not provide the individual with a registry
23identification card or deny the individual's application
24within those 90 days.
25    The provisional registration may not be extended if the
26individual does not respond to the Department of Public

 

 

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1Health's request for additional information or corrections to
2required application documentation.
3    In order for a person to receive medical cannabis under
4this subsection, a person must present his or her provisional
5registration along with a valid driver's license or State
6identification card to the licensed dispensing organization
7specified in his or her application. The dispensing
8organization shall verify the person's provisional
9registration through the Department of Public Health's online
10verification system.
11    Upon verification of the provided documents, the
12dispensing organization shall dispense no more than 2.5 ounces
13of medical cannabis during a 14-day period to the person for a
14period of 90 days, until his or her application has been
15denied, or until he or she receives a registry identification
16card from the Department of Public Health, whichever is
17earlier.
18    Persons with provisional registrations must keep their
19provisional registration in his or her possession at all times
20when transporting or engaging in the medical use of cannabis.
21    (c) No person or business shall charge a fee for
22assistance in the preparation, compilation, or submission of
23an application to the Compassionate Use of Medical Cannabis
24Program or the Opioid Alternative Pilot Program. A violation
25of this subsection is a Class C misdemeanor, for which
26restitution to the applicant and a fine of up to $1,500 may be

 

 

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1imposed. All fines shall be deposited into the Compassionate
2Use of Medical Cannabis Fund after restitution has been made
3to the applicant. The Department of Public Health shall refer
4individuals making complaints against a person or business
5under this Section to the Illinois State Police, who shall
6enforce violations of this provision. All application forms
7issued by the Department shall state that no person or
8business may charge a fee for assistance in the preparation,
9compilation, or submission of an application to the
10Compassionate Use of Medical Cannabis Program or the Opioid
11Alternative Pilot Program.
12(Source: P.A. 100-1114, eff. 8-28-18; 101-363, eff. 8-9-19.)
 
13    (410 ILCS 130/100)
14    Sec. 100. Cultivation center agent identification card.
15    (a) The Department of Agriculture shall:
16        (1) verify the information contained in an application
17    or renewal for a cultivation center identification card
18    submitted under this Act, and approve or deny an
19    application or renewal, within 30 days of receiving a
20    completed application or renewal application and all
21    supporting documentation required by rule;
22        (2) issue a cultivation center agent identification
23    card to a qualifying agent within 15 business days of
24    approving the application or renewal;
25        (3) enter the registry identification number of the

 

 

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

 

 

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1    (g) An agent applicant may begin employment at a
2cultivation center while the agent applicant's identification
3card application is pending. Upon approval, the Department
4shall issue the agent's identification card to the agent. If
5denied, the cultivation center and the agent applicant shall
6be notified and the agent applicant must cease all activity at
7the cultivation center immediately.
8(Source: P.A. 98-122, eff. 1-1-14.)
 
9    (410 ILCS 130/115)
10    Sec. 115. Registration of dispensing organizations.
11    (a) The Department of Financial and Professional
12Regulation may issue up to 60 dispensing organization
13registrations for operation. The Department of Financial and
14Professional Regulation may not issue less than the 60
15registrations if there are qualified applicants who have
16applied with the Department of Financial and Professional
17Regulation. The organizations shall be geographically
18dispersed throughout the State to allow all registered
19qualifying patients reasonable proximity and access to a
20dispensing organization.
21    (a-5) The For any dispensing organization registered on or
22after July 1, 2019, the Department of Financial and
23Professional Regulation shall adopt rules to create a
24registration process for Social Equity Justice Involved
25Applicants and Qualifying Applicants, a streamlined

 

 

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1application, and a Social Equity Justice Involved Medical
2Lottery under Section 115.5 to issue the remaining available 5
3dispensing organization registrations for operation award not
4less than 20% of all available points to applicants that
5qualify as Social Equity Applicants. For purposes of this
6Section:
7    "Disproportionately Impacted Area" means a census tract or
8comparable geographic area that satisfies the following
9criteria as determined by the Department of Commerce and
10Economic Opportunity, that:
11        (1) meets at least one of the following criteria:
12            (A) the area has a poverty rate of at least 20%
13        according to the latest federal decennial census; or
14            (B) 75% or more of the children in the area
15        participate in the federal free lunch program
16        according to reported statistics from the State Board
17        of Education; or
18            (C) at least 20% of the households in the area
19        receive assistance under the Supplemental Nutrition
20        Assistance Program; or
21            (D) the area has an average unemployment rate, as
22        determined by the Illinois Department of Employment
23        Security, that is more than 120% of the national
24        unemployment average, as determined by the United
25        States Department of Labor, for a period of at least 2
26        consecutive calendar years preceding the date of the

 

 

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1        application; and
2        (2) has high rates of arrest, conviction, and
3    incarceration related to sale, possession, use,
4    cultivation, manufacture, or transport of cannabis.
5    "Qualifying Applicant" has the same meaning as defined in
6Section 1-10 of the Cannabis Regulation and Tax Act. For
7purposes of this Section, "Qualifying Applicant" includes an
8applicant that did not receive a Conditional Adult Use
9Dispensing Organization License through a Qualifying Applicant
10Lottery pursuant to Section 15-35 of the Cannabis Regulation
11and Tax Act or any Tied Applicant Lottery conducted under the
12Cannabis Regulation and Tax Act.
13    "Social Equity Justice Involved Applicant" means an
14applicant that is an Illinois resident that meets one of the
15following criteria:
16        (1) an applicant with at least 51% ownership and
17    control by one or more individuals who have resided for at
18    least 5 of the preceding 10 years in a Disproportionately
19    Impacted Area; or
20        (2) either:
21            (A) an applicant with at least 51% of ownership
22        and control by one or more individuals who have been
23        arrested for, convicted of, or adjudicated delinquent
24        for any offense that is eligible for expungement under
25        subsection (i) of Section 5.2 of the Criminal
26        Identification Act or member of an impacted family; or

 

 

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1            (B) an applicant with at least 51% ownership and
2        control by one or more members of an impacted family.
3        (3) for applicants with a minimum of 10 full-time
4        employees, an applicant with at least 51% of current
5        employees who:
6            (A) currently reside in a Disproportionately
7        Impacted Area; or
8            (B) have been arrested for, convicted of, or
9        adjudicated delinquent for any offense that is
10        eligible for expungement or member of an impacted
11        family.
12    (b) A dispensing organization may only operate if it has
13been issued a registration from the Department of Financial
14and Professional Regulation. The Department of Financial and
15Professional Regulation shall adopt rules establishing the
16procedures for applicants for dispensing organizations.
17    (c) When applying for a dispensing organization
18registration, the applicant shall submit, at a minimum, the
19following in accordance with Department of Financial and
20Professional Regulation rules:
21        (1) a non-refundable application fee established by
22    rule;
23        (2) the proposed legal name of the dispensing
24    organization;
25        (3) the proposed physical address of the dispensing
26    organization;

 

 

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1        (4) the name, address, and date of birth of each
2    principal officer and board member of the dispensing
3    organization, provided that all those individuals shall be
4    at least 21 years of age;
5        (5) (blank) information, in writing, regarding any
6    instances in which a business or not-for-profit that any
7    of the prospective board members managed or served on the
8    board was convicted, fined, censured, or had a
9    registration suspended or revoked in any administrative or
10    judicial proceeding;
11        (6) (blank) proposed operating by-laws that include
12    procedures for the oversight of the medical cannabis
13    dispensing organization and procedures to ensure accurate
14    record keeping and security measures that are in
15    accordance with the rules applied by the Department of
16    Financial and Professional Regulation under this Act. The
17    by-laws shall include a description of the enclosed,
18    locked facility where medical cannabis will be stored by
19    the dispensing organization; and
20        (7) (blank) signed statements from each dispensing
21    organization agent stating that they will not divert
22    medical cannabis.
23    (d) The Department of Financial and Professional
24Regulation shall conduct a background check of the prospective
25dispensing organization agents in order to carry out this
26Section. The Department of State Police shall charge a fee for

 

 

10200HB1443ham001- 31 -LRB102 03459 CPF 25629 a

1conducting the criminal history record check, which shall be
2deposited in the State Police Services Fund and shall not
3exceed the actual cost of the record check. Each person
4applying as a dispensing organization agent shall submit a
5full set of fingerprints to the Department of State Police for
6the purpose of obtaining a State and federal criminal records
7check. These fingerprints shall be checked against the
8fingerprint records now and hereafter, to the extent allowed
9by law, filed in the Department of State Police and Federal
10Bureau of Investigation criminal history records databases.
11The Department of State Police shall furnish, following
12positive identification, all Illinois conviction information
13to the Department of Financial and Professional Regulation.
14    (e) A dispensing organization must pay a registration fee
15set by the Department of Financial and Professional
16Regulation.
17    (f) An application for a medical cannabis dispensing
18organization registration must be denied if any of the
19following conditions are met:
20        (1) the applicant failed to submit the materials
21    required by this Section, including if the applicant's
22    plans do not satisfy the security, oversight, or
23    recordkeeping rules issued by the Department of Financial
24    and Professional Regulation;
25        (2) the applicant would not be in compliance with
26    local zoning rules issued in accordance with Section 140;

 

 

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1        (3) the applicant does not meet the requirements of
2    Section 130;
3        (4) one or more of the prospective principal officers
4    or board members has been convicted of an excluded
5    offense;
6        (5) one or more of the prospective principal officers
7    or board members has served as a principal officer or
8    board member for a registered medical cannabis dispensing
9    organization that has had its registration revoked; and
10        (6) one or more of the principal officers or board
11    members is under 21 years of age.
12(Source: P.A. 101-363, eff. 8-9-19.)
 
13    (410 ILCS 130/115.5 new)
14    Sec. 115.5. Social Equity Justice Involved Medical
15Lottery.
16    (a) In this Section:
17    "By lot" has the same meaning as defined in Section 1-10 of
18the Cannabis Regulation and Tax Act.
19    "Social Equity Justice Involved Applicant" has the same
20meaning as defined in subsection (a-5) of Section 115.
21    "Social Equity Justice Involved Medical Lottery" means the
22process of issuing 5 available medical cannabis dispensing
23organization registrations by lot, conducted by the Department
24of Financial and Professional Regulation, for applicants that
25are Social Equity Justice Involved Applicants or Qualifying

 

 

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1Applicants as that term is defined in Section 1-10 of the
2Cannabis Regulation and Tax Act.
3    (b) The Department of Financial and Professional
4Regulation shall conduct a Social Equity Justice Involved
5Medical Lottery to award up to 5 medical cannabis dispensing
6organization registrations by lot in accordance with Section
7115.
8    (c) The Department of Financial and Professional
9Regulation shall adopt rules through emergency rulemaking in
10accordance with subsection (kk) of Section 5-45 of the
11Illinois Administrative Procedure Act to create a registration
12process, a streamlined application, an application fee not to
13exceed $5,000 for purposes of this Section, and limits on the
14number of entries into the Social Equity Justice Involved
15Medical Lottery, as well as any other measures to reduce
16barriers to enter the cannabis industry. The General Assembly
17finds that the adoption of rules to regulate cannabis use is
18deemed an emergency and necessary for the public interest,
19safety, and welfare.
20    (d) Social Equity Justice Involved Applicants awarded a
21registration under subsection (a-5) of Section 115 will be
22eligible to serve purchasers at the same site and a secondary
23site under the Cannabis Regulation and Tax Act subject to
24application and inspection processes established by the
25Department. The licenses issued under this Section shall be
26valid 2 years from issuance and shall renew in the manner

 

 

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1proscribed by the Department.
 
2    (410 ILCS 130/130)
3    Sec. 130. Requirements; prohibitions; penalties;
4dispensing organizations.
5    (a) The Department of Financial and Professional
6Regulation shall implement the provisions of this Section by
7rule.
8    (b) A dispensing organization shall maintain operating
9documents which shall include procedures for the oversight of
10the registered dispensing organization and procedures to
11ensure accurate recordkeeping.
12    (c) A dispensing organization shall implement appropriate
13security measures, as provided by rule, to deter and prevent
14the theft of cannabis and unauthorized entrance into areas
15containing cannabis.
16    (d) A dispensing organization may not be located within
171,000 feet of the property line of a pre-existing public or
18private preschool or elementary or secondary school or day
19care center, day care home, group day care home, or part day
20child care facility. A registered dispensing organization may
21not be located in a house, apartment, condominium, or an area
22zoned for residential use. This subsection shall not apply to
23any dispensing organizations registered on or after July 1,
242019.
25    (e) A dispensing organization is prohibited from acquiring

 

 

10200HB1443ham001- 35 -LRB102 03459 CPF 25629 a

1cannabis from anyone other than a cultivation center, craft
2grower, processing organization, another dispensing
3organization, or transporting organization licensed or
4registered under this Act or the Cannabis Regulation and Tax
5Act registered cultivation center. A dispensing organization
6is prohibited from obtaining cannabis from outside the State
7of Illinois.
8    (f) A registered dispensing organization is prohibited
9from dispensing cannabis for any purpose except to assist
10registered qualifying patients with the medical use of
11cannabis directly or through the qualifying patients'
12designated caregivers.
13    (g) The area in a dispensing organization where medical
14cannabis is stored can only be accessed by dispensing
15organization agents working for the dispensing organization,
16Department of Financial and Professional Regulation staff
17performing inspections, law enforcement or other emergency
18personnel, and contractors working on jobs unrelated to
19medical cannabis, such as installing or maintaining security
20devices or performing electrical wiring.
21    (h) A dispensing organization may not dispense more than
222.5 ounces of cannabis to a registered qualifying patient,
23directly or via a designated caregiver, in any 14-day period
24unless the qualifying patient has a Department of Public
25Health-approved quantity waiver. Any Department of Public
26Health-approved quantity waiver process must be made available

 

 

10200HB1443ham001- 36 -LRB102 03459 CPF 25629 a

1to qualified veterans.
2    (i) Except as provided in subsection (i-5), before medical
3cannabis may be dispensed to a designated caregiver or a
4registered qualifying patient, a dispensing organization agent
5must determine that the individual is a current cardholder in
6the verification system and must verify each of the following:
7        (1) that the registry identification card presented to
8    the registered dispensing organization is valid;
9        (2) that the person presenting the card is the person
10    identified on the registry identification card presented
11    to the dispensing organization agent;
12        (3) (blank); and that the dispensing organization is
13    the designated dispensing organization for the registered
14    qualifying patient who is obtaining the cannabis directly
15    or via his or her designated caregiver; and
16        (4) that the registered qualifying patient has not
17    exceeded his or her adequate supply.
18    (i-5) A dispensing organization may dispense medical
19cannabis to an Opioid Alternative Pilot Program participant
20under Section 62 and to a person presenting proof of
21provisional registration under Section 55. Before dispensing
22medical cannabis, the dispensing organization shall comply
23with the requirements of Section 62 or Section 55, whichever
24is applicable, and verify the following:
25        (1) that the written certification presented to the
26    registered dispensing organization is valid and an

 

 

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1    original document;
2        (2) that the person presenting the written
3    certification is the person identified on the written
4    certification; and
5        (3) that the participant has not exceeded his or her
6    adequate supply.
7    (j) Dispensing organizations shall ensure compliance with
8this limitation by maintaining internal, confidential records
9that include records specifying how much medical cannabis is
10dispensed to the registered qualifying patient and whether it
11was dispensed directly to the registered qualifying patient or
12to the designated caregiver. Each entry must include the date
13and time the cannabis was dispensed. Additional recordkeeping
14requirements may be set by rule.
15    (k) The health care professional-patient privilege as set
16forth by Section 8-802 of the Code of Civil Procedure shall
17apply between a qualifying patient and a registered dispensing
18organization and its agents with respect to communications and
19records concerning qualifying patients' debilitating
20conditions.
21    (l) A dispensing organization may not permit any person to
22consume cannabis on the property of a medical cannabis
23organization.
24    (m) A dispensing organization may not share office space
25with or refer patients to a certifying health care
26professional.

 

 

10200HB1443ham001- 38 -LRB102 03459 CPF 25629 a

1    (n) Notwithstanding any other criminal penalties related
2to the unlawful possession of cannabis, the Department of
3Financial and Professional Regulation may revoke, suspend,
4place on probation, reprimand, refuse to issue or renew, or
5take any other disciplinary or non-disciplinary action as the
6Department of Financial and Professional Regulation may deem
7proper with regard to the registration of any person issued
8under this Act to operate a dispensing organization or act as a
9dispensing organization agent, including imposing fines not to
10exceed $10,000 for each violation, for any violations of this
11Act and rules adopted in accordance with this Act. The
12procedures for disciplining a registered dispensing
13organization shall be determined by rule. All final
14administrative decisions of the Department of Financial and
15Professional Regulation are subject to judicial review under
16the Administrative Review Law and its rules. The term
17"administrative decision" is defined as in Section 3-101 of
18the Code of Civil Procedure.
19    (o) Dispensing organizations are subject to random
20inspection and cannabis testing by the Department of Financial
21and Professional Regulation, and the Illinois State Police,
22the Department of Revenue, the Department of Public Health,
23and the Department of Agriculture, as provided by rule.
24    (p) The Department of Financial and Professional
25Regulation shall adopt rules permitting returns, and potential
26refunds, for damaged or inadequate products.

 

 

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1    (q) The Department of Financial and Professional
2Regulation may issue nondisciplinary citations for minor
3violations which may be accompanied by a civil penalty not to
4exceed $10,000 per violation. The penalty shall be a civil
5penalty or other condition as established by rule. The
6citation shall be issued to the licensee and shall contain the
7licensee's name, address, and license number, a brief factual
8statement, the Sections of the law or rule allegedly violated,
9and the civil penalty, if any, imposed. The citation must
10clearly state that the licensee may choose, in lieu of
11accepting the citation, to request a hearing. If the licensee
12does not dispute the matter in the citation with the
13Department of Financial and Professional Regulation within 30
14days after the citation is served, then the citation shall
15become final and shall not be subject to appeal.
16(Source: P.A. 100-1114, eff. 8-28-18; 101-363, eff. 8-9-19.)
 
17    (410 ILCS 130/145)
18    Sec. 145. Confidentiality.
19    (a) The following information received and records kept by
20the Department of Public Health, Department of Financial and
21Professional Regulation, Department of Agriculture, or
22Department of State Police for purposes of administering this
23Act are subject to all applicable federal privacy laws,
24confidential, and exempt from the Freedom of Information Act,
25and not subject to disclosure to any individual or public or

 

 

10200HB1443ham001- 40 -LRB102 03459 CPF 25629 a

1private entity, except as necessary for authorized employees
2of those authorized agencies to perform official duties under
3this Act and the following information received and records
4kept by Department of Public Health, Department of
5Agriculture, Department of Financial and Professional
6Regulation, and Department of State Police, excluding any
7existing or non-existing Illinois or national criminal history
8record information as defined in subsection (d), may be
9disclosed to each other upon request:
10        (1) Applications and renewals, their contents, and
11    supporting information submitted by qualifying patients
12    and designated caregivers, including information regarding
13    their designated caregivers and certifying health care
14    professionals.
15        (2) Applications and renewals, their contents, and
16    supporting information submitted by or on behalf of
17    cultivation centers and dispensing organizations in
18    compliance with this Act, including their physical
19    addresses. This does not preclude the release of ownership
20    information of cannabis business establishment licenses or
21    information submitted with an application required to be
22    disclosed pursuant to subsection (c) or pursuant to the
23    Cannabis Regulation and Tax Act.
24        (3) The individual names and other information
25    identifying persons to whom the Department of Public
26    Health has issued registry identification cards.

 

 

10200HB1443ham001- 41 -LRB102 03459 CPF 25629 a

1        (4) Any dispensing information required to be kept
2    under Section 135, Section 150, or Department of Public
3    Health, Department of Agriculture, or Department of
4    Financial and Professional Regulation rules shall identify
5    cardholders and registered cultivation centers by their
6    registry identification numbers and medical cannabis
7    dispensing organizations by their registration number and
8    not contain names or other personally identifying
9    information.
10        (5) All medical records provided to the Department of
11    Public Health in connection with an application for a
12    registry card.
13    (b) Nothing in this Section precludes the following:
14        (1) Department of Agriculture, Department of Financial
15    and Professional Regulation, or Public Health employees
16    may notify law enforcement about falsified or fraudulent
17    information submitted to the Departments if the employee
18    who suspects that falsified or fraudulent information has
19    been submitted conferred with his or her supervisor and
20    both agree that circumstances exist that warrant
21    reporting.
22        (2) If the employee conferred with his or her
23    supervisor and both agree that circumstances exist that
24    warrant reporting, Department of Public Health employees
25    may notify the Department of Financial and Professional
26    Regulation if there is reasonable cause to believe a

 

 

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1    certifying health care professional:
2            (A) issued a written certification without a bona
3        fide health care professional-patient relationship
4        under this Act;
5            (B) issued a written certification to a person who
6        was not under the certifying health care
7        professional's care for the debilitating medical
8        condition; or
9            (C) failed to abide by the acceptable and
10        prevailing standard of care when evaluating a
11        patient's medical condition.
12        (3) The Department of Public Health, Department of
13    Agriculture, and Department of Financial and Professional
14    Regulation may notify State or local law enforcement about
15    apparent criminal violations of this Act if the employee
16    who suspects the offense has conferred with his or her
17    supervisor and both agree that circumstances exist that
18    warrant reporting.
19        (4) Medical cannabis cultivation center agents and
20    medical cannabis dispensing organizations may notify the
21    Department of Public Health, Department of Financial and
22    Professional Regulation, or Department of Agriculture of a
23    suspected violation or attempted violation of this Act or
24    the rules issued under it.
25        (5) Each Department may verify registry identification
26    cards under Section 150.

 

 

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1        (6) The submission of the report to the General
2    Assembly under Section 160.
3    (c) Each Department responsible for licensure under this
4Act shall publish on the Department's website a list of the
5ownership information of cannabis business establishment
6licensees under the Department's jurisdiction. The list shall
7include, but shall not be limited to, the name of the person or
8entity holding each cannabis business establishment license
9and the address at which the entity is operating under this
10Act. This list shall be published and updated monthly. It is a
11Class B misdemeanor with a $1,000 fine for any person,
12including an employee or official of the Department of Public
13Health, Department of Financial and Professional Regulation,
14or Department of Agriculture or another State agency or local
15government, to breach the confidentiality of information
16obtained under this Act.
17    (d) The Department of Public Health, the Department of
18Agriculture, the Department of State Police, and the
19Department of Financial and Professional Regulation shall not
20share or disclose any existing or non-existing Illinois or
21national criminal history record information. For the purposes
22of this Section, "any existing or non-existing Illinois or
23national criminal history record information" means any
24Illinois or national criminal history record information,
25including but not limited to the lack of or non-existence of
26these records.

 

 

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1(Source: P.A. 101-363, eff. 8-9-19.)
 
2    Section 10. The Cannabis Regulation and Tax Act is amended
3by changing Sections 1-10, 5-45, 7-30, 15-15, 15-25, 15-35,
415-40, 25-5, 25-35, 30-5, 35-5, 35-30, 40-30, 55-21, and 55-30
5and by adding Sections 15-30.5, 15-30.8, 15-30.10, 15-30.15,
615-30.20, 20-55, 30-55, 35-45, and 40-45 as follows:
 
7    (410 ILCS 705/1-10)
8    Sec. 1-10. Definitions. In this Act:
9    "Adult Use Cultivation Center License" means a license
10issued by the Department of Agriculture that permits a person
11to act as a cultivation center under this Act and any
12administrative rule made in furtherance of this Act.
13    "Adult Use Dispensing Organization License" means a
14license issued by the Department of Financial and Professional
15Regulation that permits a person to act as a dispensing
16organization under this Act and any administrative rule made
17in furtherance of this Act.
18    "Advertise" means to engage in promotional activities
19including, but not limited to: newspaper, radio, Internet and
20electronic media, and television advertising; the distribution
21of fliers and circulars; billboard advertising; and the
22display of window and interior signs. "Advertise" does not
23mean exterior signage displaying only the name of the licensed
24cannabis business establishment.

 

 

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1    "Application points" means the number of points a
2Dispensary Applicant receives on an application for a
3Conditional Adult Use Dispensing Organization License.
4    "BLS Region" means a region in Illinois used by the United
5States Bureau of Labor Statistics to gather and categorize
6certain employment and wage data. The 17 such regions in
7Illinois are: Bloomington, Cape Girardeau, Carbondale-Marion,
8Champaign-Urbana, Chicago-Naperville-Elgin, Danville,
9Davenport-Moline-Rock Island, Decatur, Kankakee, Peoria,
10Rockford, St. Louis, Springfield, Northwest Illinois
11nonmetropolitan area, West Central Illinois nonmetropolitan
12area, East Central Illinois nonmetropolitan area, and South
13Illinois nonmetropolitan area.
14    "By lot" means a randomized method of choosing between 2
15or more Eligible Tied Applicants or 2 or more Qualifying
16Applicants.
17    "Cannabis" means marijuana, hashish, and other substances
18that are identified as including any parts of the plant
19Cannabis sativa and including derivatives or subspecies, such
20as indica, of all strains of cannabis, whether growing or not;
21the seeds thereof, the resin extracted from any part of the
22plant; and any compound, manufacture, salt, derivative,
23mixture, or preparation of the plant, its seeds, or resin,
24including tetrahydrocannabinol (THC) and all other naturally
25produced cannabinol derivatives, whether produced directly or
26indirectly by extraction; however, "cannabis" does not include

 

 

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1the mature stalks of the plant, fiber produced from the
2stalks, oil or cake made from the seeds of the plant, any other
3compound, manufacture, salt, derivative, mixture, or
4preparation of the mature stalks (except the resin extracted
5from it), fiber, oil or cake, or the sterilized seed of the
6plant that is incapable of germination. "Cannabis" does not
7include industrial hemp as defined and authorized under the
8Industrial Hemp Act. "Cannabis" also means cannabis flower,
9concentrate, and cannabis-infused products.
10    "Cannabis business establishment" means a cultivation
11center, craft grower, processing organization, infuser
12organization, dispensing organization, or transporting
13organization.
14    "Cannabis concentrate" means a product derived from
15cannabis that is produced by extracting cannabinoids,
16including tetrahydrocannabinol (THC), from the plant through
17the use of propylene glycol, glycerin, butter, olive oil or
18other typical cooking fats; water, ice, or dry ice; or butane,
19propane, CO2, ethanol, or isopropanol and with the intended
20use of smoking or making a cannabis-infused product. The use
21of any other solvent is expressly prohibited unless and until
22it is approved by the Department of Agriculture.
23    "Cannabis container" means a sealed or resealable,
24traceable, container, or package used for the purpose of
25containment of cannabis or cannabis-infused product during
26transportation.

 

 

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1    "Cannabis flower" means marijuana, hashish, and other
2substances that are identified as including any parts of the
3plant Cannabis sativa and including derivatives or subspecies,
4such as indica, of all strains of cannabis; including raw
5kief, leaves, and buds, but not resin that has been extracted
6from any part of such plant; nor any compound, manufacture,
7salt, derivative, mixture, or preparation of such plant, its
8seeds, or resin.
9    "Cannabis-infused product" means a beverage, food, oil,
10ointment, tincture, topical formulation, or another product
11containing cannabis or cannabis concentrate that is not
12intended to be smoked.
13    "Cannabis paraphernalia" means equipment, products, or
14materials intended to be used for planting, propagating,
15cultivating, growing, harvesting, manufacturing, producing,
16processing, preparing, testing, analyzing, packaging,
17repackaging, storing, containing, concealing, ingesting, or
18otherwise introducing cannabis into the human body.
19    "Cannabis plant monitoring system" or "plant monitoring
20system" means a system that includes, but is not limited to,
21testing and data collection established and maintained by the
22cultivation center, craft grower, or processing organization
23and that is available to the Department of Revenue, the
24Department of Agriculture, the Department of Financial and
25Professional Regulation, and the Department of State Police
26for the purposes of documenting each cannabis plant and

 

 

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1monitoring plant development throughout the life cycle of a
2cannabis plant cultivated for the intended use by a customer
3from seed planting to final packaging.
4    "Cannabis testing facility" means an entity registered by
5the Department of Agriculture to test cannabis for potency and
6contaminants.
7    "Clone" means a plant section from a female cannabis plant
8not yet rootbound, growing in a water solution or other
9propagation matrix, that is capable of developing into a new
10plant.
11    "Community College Cannabis Vocational Training Pilot
12Program faculty participant" means a person who is 21 years of
13age or older, licensed by the Department of Agriculture, and
14is employed or contracted by an Illinois community college to
15provide student instruction using cannabis plants at an
16Illinois Community College.
17    "Community College Cannabis Vocational Training Pilot
18Program faculty participant Agent Identification Card" means a
19document issued by the Department of Agriculture that
20identifies a person as Community College Cannabis Vocational
21Training Pilot Program faculty participant.
22    "Conditional Adult Use Dispensing Organization License"
23means a contingent license awarded to top-scoring applicants
24for an Adult Use Dispensing Organization License that reserves
25the right to an Adult Use Dispensing Organization License if
26the applicant meets certain conditions described in this Act,

 

 

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1but does not entitle the recipient to begin purchasing or
2selling cannabis or cannabis-infused products.
3    "Conditional Adult Use Cultivation Center License" means a
4license awarded to top-scoring applicants for an Adult Use
5Cultivation Center License that reserves the right to an Adult
6Use Cultivation Center License if the applicant meets certain
7conditions as determined by the Department of Agriculture by
8rule, but does not entitle the recipient to begin growing,
9processing, or selling cannabis or cannabis-infused products.
10    "Craft grower" means a facility operated by an
11organization or business that is licensed by the Department of
12Agriculture to cultivate, dry, cure, and package cannabis and
13perform other necessary activities to make cannabis available
14for sale at a dispensing organization or use at a processing
15organization. A craft grower may contain up to 5,000 square
16feet of canopy space on its premises for plants in the
17flowering state. The Department of Agriculture may authorize
18an increase or decrease of flowering stage cultivation space
19in increments of 3,000 square feet by rule based on market
20need, craft grower capacity, and the licensee's history of
21compliance or noncompliance, with a maximum space of 14,000
22square feet for cultivating plants in the flowering stage,
23which must be cultivated in all stages of growth in an enclosed
24and secure area. A craft grower may share premises with a
25processing organization or a dispensing organization, or both,
26provided each licensee stores currency and cannabis or

 

 

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1cannabis-infused products in a separate secured vault to which
2the other licensee does not have access or all licensees
3sharing a vault share more than 50% of the same ownership.
4    "Craft grower agent" means a principal officer, board
5member, employee, or other agent of a craft grower who is 21
6years of age or older.
7    "Craft Grower Agent Identification Card" means a document
8issued by the Department of Agriculture that identifies a
9person as a craft grower agent.
10    "Cultivation center" means a facility operated by an
11organization or business that is licensed by the Department of
12Agriculture to cultivate, process, transport (unless otherwise
13limited by this Act), and perform other necessary activities
14to provide cannabis and cannabis-infused products to cannabis
15business establishments.
16    "Cultivation center agent" means a principal officer,
17board member, employee, or other agent of a cultivation center
18who is 21 years of age or older.
19    "Cultivation Center Agent Identification Card" means a
20document issued by the Department of Agriculture that
21identifies a person as a cultivation center agent.
22    "Currency" means currency and coin of the United States.
23    "Dispensary" means a facility operated by a dispensing
24organization at which activities licensed by this Act may
25occur.
26    "Dispensary Applicant" means the Proposed Dispensing

 

 

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1Organization Name as stated on an application for a
2Conditional Adult Use Dispensing Organization License.
3    "Dispensing organization" means a facility operated by an
4organization or business that is licensed by the Department of
5Financial and Professional Regulation to acquire cannabis from
6a cultivation center, craft grower, processing organization,
7or another dispensary for the purpose of selling or dispensing
8cannabis, cannabis-infused products, cannabis seeds,
9paraphernalia, or related supplies under this Act to
10purchasers or to qualified registered medical cannabis
11patients and caregivers. As used in this Act, "dispensing
12organization" includes a registered medical cannabis
13organization as defined in the Compassionate Use of Medical
14Cannabis Program Act or its successor Act that has obtained an
15Early Approval Adult Use Dispensing Organization License.
16    "Dispensing organization agent" means a principal officer,
17employee, or agent of a dispensing organization who is 21
18years of age or older.
19    "Dispensing organization agent identification card" means
20a document issued by the Department of Financial and
21Professional Regulation that identifies a person as a
22dispensing organization agent.
23    "Disproportionately Impacted Area" means a census tract or
24comparable geographic area that satisfies the following
25criteria as determined by the Department of Commerce and
26Economic Opportunity, that:

 

 

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1        (1) meets at least one of the following criteria:
2            (A) the area has a poverty rate of at least 20%
3        according to the latest federal decennial census; or
4            (B) 75% or more of the children in the area
5        participate in the federal free lunch program
6        according to reported statistics from the State Board
7        of Education; or
8            (C) at least 20% of the households in the area
9        receive assistance under the Supplemental Nutrition
10        Assistance Program; or
11            (D) the area has an average unemployment rate, as
12        determined by the Illinois Department of Employment
13        Security, that is more than 120% of the national
14        unemployment average, as determined by the United
15        States Department of Labor, for a period of at least 2
16        consecutive calendar years preceding the date of the
17        application; and
18        (2) has high rates of arrest, conviction, and
19    incarceration related to the sale, possession, use,
20    cultivation, manufacture, or transport of cannabis.
21    "Early Approval Adult Use Cultivation Center License"
22means a license that permits a medical cannabis cultivation
23center licensed under the Compassionate Use of Medical
24Cannabis Program Act as of the effective date of this Act to
25begin cultivating, infusing, packaging, transporting (unless
26otherwise provided in this Act), processing and selling

 

 

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1cannabis or cannabis-infused product to cannabis business
2establishments for resale to purchasers as permitted by this
3Act as of January 1, 2020.
4    "Early Approval Adult Use Dispensing Organization License"
5means a license that permits a medical cannabis dispensing
6organization licensed under the Compassionate Use of Medical
7Cannabis Program Act as of the effective date of this Act to
8begin selling cannabis or cannabis-infused product to
9purchasers as permitted by this Act as of January 1, 2020.
10    "Early Approval Adult Use Dispensing Organization at a
11secondary site" means a license that permits a medical
12cannabis dispensing organization licensed under the
13Compassionate Use of Medical Cannabis Program Act as of the
14effective date of this Act to begin selling cannabis or
15cannabis-infused product to purchasers as permitted by this
16Act on January 1, 2020 at a different dispensary location from
17its existing registered medical dispensary location.
18    "Eligible Tied Applicant" means a Tied Applicant that is
19eligible to participate in the process by which a remaining
20available license is distributed by lot pursuant to a Tied
21Applicant Lottery.
22    "Enclosed, locked facility" means a room, greenhouse,
23building, or other enclosed area equipped with locks or other
24security devices that permit access only by cannabis business
25establishment agents working for the licensed cannabis
26business establishment or acting pursuant to this Act to

 

 

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1cultivate, process, store, or distribute cannabis.
2    "Enclosed, locked space" means a closet, room, greenhouse,
3building or other enclosed area equipped with locks or other
4security devices that permit access only by authorized
5individuals under this Act. "Enclosed, locked space" may
6include:
7        (1) a space within a residential building that (i) is
8    the primary residence of the individual cultivating 5 or
9    fewer cannabis plants that are more than 5 inches tall and
10    (ii) includes sleeping quarters and indoor plumbing. The
11    space must only be accessible by a key or code that is
12    different from any key or code that can be used to access
13    the residential building from the exterior; or
14        (2) a structure, such as a shed or greenhouse, that
15    lies on the same plot of land as a residential building
16    that (i) includes sleeping quarters and indoor plumbing
17    and (ii) is used as a primary residence by the person
18    cultivating 5 or fewer cannabis plants that are more than
19    5 inches tall, such as a shed or greenhouse. The structure
20    must remain locked when it is unoccupied by people.
21    "Financial institution" has the same meaning as "financial
22organization" as defined in Section 1501 of the Illinois
23Income Tax Act, and also includes the holding companies,
24subsidiaries, and affiliates of such financial organizations.
25    "Flowering stage" means the stage of cultivation where and
26when a cannabis plant is cultivated to produce plant material

 

 

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1for cannabis products. This includes mature plants as follows:
2        (1) if greater than 2 stigmas are visible at each
3    internode of the plant; or
4        (2) if the cannabis plant is in an area that has been
5    intentionally deprived of light for a period of time
6    intended to produce flower buds and induce maturation,
7    from the moment the light deprivation began through the
8    remainder of the marijuana plant growth cycle.
9    "Individual" means a natural person.
10    "Infuser organization" or "infuser" means a facility
11operated by an organization or business that is licensed by
12the Department of Agriculture to directly incorporate cannabis
13or cannabis concentrate into a product formulation to produce
14a cannabis-infused product.
15    "Kief" means the resinous crystal-like trichomes that are
16found on cannabis and that are accumulated, resulting in a
17higher concentration of cannabinoids, untreated by heat or
18pressure, or extracted using a solvent.
19    "Labor peace agreement" means an agreement between a
20cannabis business establishment and any labor organization
21recognized under the National Labor Relations Act, referred to
22in this Act as a bona fide labor organization, that prohibits
23labor organizations and members from engaging in picketing,
24work stoppages, boycotts, and any other economic interference
25with the cannabis business establishment. This agreement means
26that the cannabis business establishment has agreed not to

 

 

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1disrupt efforts by the bona fide labor organization to
2communicate with, and attempt to organize and represent, the
3cannabis business establishment's employees. The agreement
4shall provide a bona fide labor organization access at
5reasonable times to areas in which the cannabis business
6establishment's employees work, for the purpose of meeting
7with employees to discuss their right to representation,
8employment rights under State law, and terms and conditions of
9employment. This type of agreement shall not mandate a
10particular method of election or certification of the bona
11fide labor organization.
12    "Limited access area" means a room or other area under the
13control of a cannabis dispensing organization licensed under
14this Act and upon the licensed premises where cannabis sales
15occur with access limited to purchasers, dispensing
16organization owners and other dispensing organization agents,
17or service professionals conducting business with the
18dispensing organization, or, if sales to registered qualifying
19patients, caregivers, provisional patients, and Opioid
20Alternative Pilot Program participants licensed pursuant to
21the Compassionate Use of Medical Cannabis Program Act are also
22permitted at the dispensary, registered qualifying patients,
23caregivers, provisional patients, and Opioid Alternative Pilot
24Program participants.
25    "Member of an impacted family" means an individual who has
26a parent, legal guardian, child, spouse, or dependent, or was

 

 

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1a dependent of an individual who, prior to the effective date
2of this Act, was arrested for, convicted of, or adjudicated
3delinquent for any offense that is eligible for expungement
4under this Act.
5    "Mother plant" means a cannabis plant that is cultivated
6or maintained for the purpose of generating clones, and that
7will not be used to produce plant material for sale to an
8infuser or dispensing organization.
9    "Ordinary public view" means within the sight line with
10normal visual range of a person, unassisted by visual aids,
11from a public street or sidewalk adjacent to real property, or
12from within an adjacent property.
13    "Ownership and control" means ownership of at least 51% of
14the business, including corporate stock if a corporation, and
15control over the management and day-to-day operations of the
16business and an interest in the capital, assets, and profits
17and losses of the business proportionate to percentage of
18ownership.
19    "Person" means a natural individual, firm, partnership,
20association, joint stock company, joint venture, public or
21private corporation, limited liability company, or a receiver,
22executor, trustee, guardian, or other representative appointed
23by order of any court.
24    "Possession limit" means the amount of cannabis under
25Section 10-10 that may be possessed at any one time by a person
2621 years of age or older or who is a registered qualifying

 

 

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1medical cannabis patient or caregiver under the Compassionate
2Use of Medical Cannabis Program Act.
3    "Principal officer" includes a cannabis business
4establishment applicant or licensed cannabis business
5establishment's board member, owner with more than 1% interest
6of the total cannabis business establishment or more than 5%
7interest of the total cannabis business establishment of a
8publicly traded company, president, vice president, secretary,
9treasurer, partner, officer, member, manager member, or person
10with a profit sharing, financial interest, or revenue sharing
11arrangement. The definition includes a person with authority
12to control the cannabis business establishment, a person who
13assumes responsibility for the debts of the cannabis business
14establishment and who is further defined in this Act.
15    "Primary residence" means a dwelling where a person
16usually stays or stays more often than other locations. It may
17be determined by, without limitation, presence, tax filings;
18address on an Illinois driver's license, an Illinois
19Identification Card, or an Illinois Person with a Disability
20Identification Card; or voter registration. No person may have
21more than one primary residence.
22    "Processing organization" or "processor" means a facility
23operated by an organization or business that is licensed by
24the Department of Agriculture to either extract constituent
25chemicals or compounds to produce cannabis concentrate or
26incorporate cannabis or cannabis concentrate into a product

 

 

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1formulation to produce a cannabis product.
2    "Processing organization agent" means a principal officer,
3board member, employee, or agent of a processing organization.
4    "Processing organization agent identification card" means
5a document issued by the Department of Agriculture that
6identifies a person as a processing organization agent.
7    "Purchaser" means a person 21 years of age or older who
8acquires cannabis for a valuable consideration. "Purchaser"
9does not include a cardholder under the Compassionate Use of
10Medical Cannabis Program Act.
11    "Qualifying Applicant" means an applicant that submitted
12an application pursuant to Section 15-30 that received at
13least 85% of 250 available application points available under
14Section 15-30 as the applicant's final score and meets the
15criteria of either paragraph (1) or (2) of the definition of
16"Social Equity Applicant" as set forth under this Section.
17    "Qualified Social Equity Applicant" means a Social Equity
18Applicant who has been awarded a conditional license under
19this Act to operate a cannabis business establishment.
20    "Resided" means an individual's primary residence was
21located within the relevant geographic area as established by
222 of the following:
23        (1) a signed lease agreement that includes the
24    applicant's name;
25        (2) a property deed that includes the applicant's
26    name;

 

 

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1        (3) school records;
2        (4) a voter registration card;
3        (5) an Illinois driver's license, an Illinois
4    Identification Card, or an Illinois Person with a
5    Disability Identification Card;
6        (6) a paycheck stub;
7        (7) a utility bill;
8        (8) tax records; or
9        (9) any other proof of residency or other information
10    necessary to establish residence as provided by rule.
11    "Smoking" means the inhalation of smoke caused by the
12combustion of cannabis.
13    "Social Equity Applicant" means an applicant that is an
14Illinois resident that meets one of the following criteria:
15        (1) an applicant with at least 51% ownership and
16    control by one or more individuals who have resided for at
17    least 5 of the preceding 10 years in a Disproportionately
18    Impacted Area;
19        (2) an applicant with at least 51% ownership and
20    control by one or more individuals who:
21            (i) have been arrested for, convicted of, or
22        adjudicated delinquent for any offense that is
23        eligible for expungement under this Act; or
24            (ii) is a member of an impacted family;
25        (3) for applicants with a minimum of 10 full-time
26    employees, an applicant with at least 51% of current

 

 

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1    employees who:
2            (i) currently reside in a Disproportionately
3        Impacted Area; or
4            (ii) have been arrested for, convicted of, or
5        adjudicated delinquent for any offense that is
6        eligible for expungement under this Act or member of
7        an impacted family.
8    Nothing in this Act shall be construed to preempt or limit
9the duties of any employer under the Job Opportunities for
10Qualified Applicants Act. Nothing in this Act shall permit an
11employer to require an employee to disclose sealed or expunged
12offenses, unless otherwise required by law.
13    "Tied Applicant" means an application submitted by a
14Dispensary Applicant pursuant to Section 15-30 that received
15the same number of application points under Section 15-30 as
16the Dispensary Applicant's final score as one or more
17top-scoring applications in the same BLS Region and would have
18been awarded a license but for the one or more other
19top-scoring applications that received the same number of
20application points. Each application for which a Dispensary
21Applicant was required to pay a required application fee for
22the application period ending January 2, 2020 shall be
23considered an application of a separate Tied Applicant.
24    "Tied Applicant Lottery" means the process established
25under 68 Ill. Adm. Code 1291.50 for awarding Conditional Adult
26Use Dispensing Organization Licenses pursuant to Sections

 

 

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115-25 and 15-30 among Eligible Tied Applicants.
2    "Tincture" means a cannabis-infused solution, typically
3comprised of alcohol, glycerin, or vegetable oils, derived
4either directly from the cannabis plant or from a processed
5cannabis extract. A tincture is not an alcoholic liquor as
6defined in the Liquor Control Act of 1934. A tincture shall
7include a calibrated dropper or other similar device capable
8of accurately measuring servings.
9    "Transporting organization" or "transporter" means an
10organization or business that is licensed by the Department of
11Agriculture to transport cannabis or cannabis-infused product
12on behalf of a cannabis business establishment or a community
13college licensed under the Community College Cannabis
14Vocational Training Pilot Program.
15    "Transporting organization agent" means a principal
16officer, board member, employee, or agent of a transporting
17organization.
18    "Transporting organization agent identification card"
19means a document issued by the Department of Agriculture that
20identifies a person as a transporting organization agent.
21    "Unit of local government" means any county, city,
22village, or incorporated town.
23    "Vegetative stage" means the stage of cultivation in which
24a cannabis plant is propagated to produce additional cannabis
25plants or reach a sufficient size for production. This
26includes seedlings, clones, mothers, and other immature

 

 

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1cannabis plants as follows:
2        (1) if the cannabis plant is in an area that has not
3    been intentionally deprived of light for a period of time
4    intended to produce flower buds and induce maturation, it
5    has no more than 2 stigmas visible at each internode of the
6    cannabis plant; or
7        (2) any cannabis plant that is cultivated solely for
8    the purpose of propagating clones and is never used to
9    produce cannabis.
10(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
11    (410 ILCS 705/5-45)
12    Sec. 5-45. Illinois Cannabis Regulation Oversight Officer.
13    (a) The position of Illinois Cannabis Regulation Oversight
14Officer is created within the Department of Financial and
15Professional Regulation under the Secretary of Financial and
16Professional Regulation. The Cannabis Regulation Oversight
17Officer serves a coordinating role among State agencies
18regarding this Act and the Compassionate Use of Medical
19Cannabis Program Act. The Illinois Cannabis Regulation
20Oversight Officer shall be appointed by the Governor with the
21advice and consent of the Senate. The term of office of the
22Officer shall expire on the third Monday of January in
23odd-numbered years provided that he or she shall hold office
24until a successor is appointed and qualified. In case of
25vacancy in office during the recess of the Senate, the

 

 

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1Governor shall make a temporary appointment until the next
2meeting of the Senate, when the Governor shall nominate some
3person to fill the office, and any person so nominated who is
4confirmed by the Senate shall hold office during the remainder
5of the term and until his or her successor is appointed and
6qualified.
7    (b) The Illinois Cannabis Regulation Oversight Officer has
8the authority to may:
9        (1) maintain a staff;
10        (2) make recommendations for administrative and
11    statutory policy, statute, and rule changes;
12        (3) collect data both in Illinois and outside Illinois
13    regarding the regulation of cannabis;
14        (4) compile or assist in the compilation of any
15    reports required by this Act;
16        (5) ensure the coordination of efforts between various
17    State agencies involved in regulating and taxing the sale
18    of cannabis in Illinois; and
19        (6) encourage, promote, suggest, and report best
20    practices for ensuring diversity in the cannabis industry
21    in Illinois.
22    (c) The Illinois Cannabis Regulation Oversight Officer and
23the Officer's staff shall not:
24        (1) participate in the issuance or award of any
25    cannabis business establishment license licensing or the
26    making of awards; or

 

 

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1        (2) participate in discipline related to any cannabis
2    business establishment any adjudicative decision-making
3    process involving licensing or licensee discipline.
4    The Illinois Cannabis Regulation Officer is not prohibited
5from coordinating with and making recommendations to agencies
6regarding licensing and disciplinary policies and procedures.
7    (d) Any funding required for the Illinois Cannabis
8Regulation Oversight Officer, its staff, or its activities
9shall be drawn from the Cannabis Regulation Fund.
10    (e) The Illinois Cannabis Regulation Oversight Officer
11shall commission and publish one or more disparity and
12availability studies that a disparity and availability study
13by March 1, 2021 that: (1) evaluates whether there exists
14discrimination in the State's cannabis industry; and (2) if
15so, evaluates the impact of such discrimination on the State
16and includes recommendations to the Department of Financial
17and Professional Regulation and the Department of Agriculture
18for reducing or eliminating any identified barriers to entry
19in the cannabis market. Such disparity and availability
20studies shall examine each license type issued pursuant to the
21Sections 15-25 or 15-30.1, subsection (a) of Section 30-5, or
22subsection (a) of Section 35-5, and shall be initiated within
23180 days from the issuance of the first of each license
24authorized by those Sections.
25    The Illinois Cannabis Regulation Oversight Officer shall
26forward a copy of its findings and recommendations to the

 

 

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1Department of Financial and Professional Regulation, the
2Department of Agriculture, the Department of Commerce and
3Economic Opportunity, the General Assembly, and the Governor.
4    (f) The Illinois Cannabis Regulation Oversight Officer may
5compile, collect, or otherwise gather data necessary for the
6administration of this Act and to carry out the Officer's duty
7relating to the recommendation of policy changes. The Illinois
8Cannabis Regulation Oversight Officer may direct the
9Department of Agriculture, Department of Financial and
10Professional Regulation, Department of Public Health,
11Department of Human Services, and Department of Commerce and
12Economic Opportunity to assist in the compilation, collection,
13and data gathering authorized pursuant to this subsection. The
14Illinois Cannabis Regulation Oversight Officer shall compile
15all of the data into a single report and submit the report to
16the Governor and the General Assembly and publish the report
17on its website.
18(Source: P.A. 101-27, eff. 6-25-19.)
 
19    (410 ILCS 705/7-30)
20    Sec. 7-30. Reporting. By January 1, 2021, and on January 1
21of every year thereafter, or upon request by the Illinois
22Cannabis Regulation Oversight Officer, each cannabis business
23establishment licensed under this Act and the Compassionate
24Use of Medical Cannabis Program Act shall report to the
25Illinois Cannabis Regulation Oversight Officer, on a form to

 

 

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1be provided by the Illinois Cannabis Regulation Oversight
2Officer, information that will allow it to assess the extent
3of diversity in the medical and adult use cannabis industry
4and methods for reducing or eliminating any identified
5barriers to entry, including access to capital. Failure of a
6cannabis business establishment to respond to the request of
7the Cannabis Regulation Oversight Officer to complete the
8form, report, and any other request for information may be
9grounds for disciplinary action by the Department of Financial
10and Professional Regulation or the Department of Agriculture.
11The information to be collected shall be designed to identify
12the following:
13        (1) the number and percentage of licenses provided to
14    Social Equity Applicants and to businesses owned by
15    minorities, women, veterans, and people with disabilities;
16        (2) the total number and percentage of employees in
17    the cannabis industry who meet the criteria in (3)(i) or
18    (3)(ii) in the definition of Social Equity Applicant or
19    who are minorities, women, veterans, or people with
20    disabilities;
21        (3) the total number and percentage of contractors and
22    subcontractors in the cannabis industry that meet the
23    definition of a Social Equity Applicant or who are owned
24    by minorities, women, veterans, or people with
25    disabilities, if known to the cannabis business
26    establishment; and

 

 

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1        (4) recommendations on reducing or eliminating any
2    identified barriers to entry, including access to capital,
3    in the cannabis industry.
4(Source: P.A. 101-27, eff. 6-25-19.)
 
5    (410 ILCS 705/15-15)
6    Sec. 15-15. Early Approval Adult Use Dispensing
7Organization License.
8    (a) Any medical cannabis dispensing organization holding a
9valid registration under the Compassionate Use of Medical
10Cannabis Program Act as of the effective date of this Act may,
11within 60 days of the effective date of this Act, apply to the
12Department for an Early Approval Adult Use Dispensing
13Organization License to serve purchasers at any medical
14cannabis dispensing location in operation on the effective
15date of this Act, pursuant to this Section.
16    (b) A medical cannabis dispensing organization seeking
17issuance of an Early Approval Adult Use Dispensing
18Organization License to serve purchasers at any medical
19cannabis dispensing location in operation as of the effective
20date of this Act shall submit an application on forms provided
21by the Department. The application must be submitted by the
22same person or entity that holds the medical cannabis
23dispensing organization registration and include the
24following:
25        (1) Payment of a nonrefundable fee of $30,000 to be

 

 

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1    deposited into the Cannabis Regulation Fund;
2        (2) Proof of registration as a medical cannabis
3    dispensing organization that is in good standing;
4        (3) Certification that the applicant will comply with
5    the requirements contained in the Compassionate Use of
6    Medical Cannabis Program Act except as provided in this
7    Act;
8        (4) The legal name of the dispensing organization;
9        (5) The physical address of the dispensing
10    organization;
11        (6) The name, address, social security number, and
12    date of birth of each principal officer and board member
13    of the dispensing organization, each of whom must be at
14    least 21 years of age;
15        (7) A nonrefundable Cannabis Business Development Fee
16    equal to 3% of the dispensing organization's total sales
17    between June 1, 2018 to June 1, 2019, or $100,000,
18    whichever is less, to be deposited into the Cannabis
19    Business Development Fund; and
20        (8) Identification of one of the following Social
21    Equity Inclusion Plans to be completed by March 31, 2021:
22            (A) Make a contribution of 3% of total sales from
23        June 1, 2018 to June 1, 2019, or $100,000, whichever is
24        less, to the Cannabis Business Development Fund. This
25        is in addition to the fee required by item (7) of this
26        subsection (b);

 

 

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1            (B) Make a grant of 3% of total sales from June 1,
2        2018 to June 1, 2019, or $100,000, whichever is less,
3        to a cannabis industry training or education program
4        at an Illinois community college as defined in the
5        Public Community College Act;
6            (C) Make a donation of $100,000 or more to a
7        program that provides job training services to persons
8        recently incarcerated or that operates in a
9        Disproportionately Impacted Area;
10            (D) Participate as a host in a cannabis business
11        establishment incubator program approved by the
12        Department of Commerce and Economic Opportunity, and
13        in which an Early Approval Adult Use Dispensing
14        Organization License holder agrees to provide a loan
15        of at least $100,000 and mentorship to incubate, for
16        at least a year, a Social Equity Applicant intending
17        to seek a license or a licensee that qualifies as a
18        Social Equity Applicant. As used in this Section,
19        "incubate" means providing direct financial assistance
20        and training necessary to engage in licensed cannabis
21        industry activity similar to that of the host
22        licensee. The Early Approval Adult Use Dispensing
23        Organization License holder or the same entity holding
24        any other licenses issued pursuant to this Act shall
25        not take an ownership stake of greater than 10% in any
26        business receiving incubation services to comply with

 

 

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1        this subsection. If an Early Approval Adult Use
2        Dispensing Organization License holder fails to find a
3        business to incubate to comply with this subsection
4        before its Early Approval Adult Use Dispensing
5        Organization License expires, it may opt to meet the
6        requirement of this subsection by completing another
7        item from this subsection; or
8            (E) Participate in a sponsorship program for at
9        least 2 years approved by the Department of Commerce
10        and Economic Opportunity in which an Early Approval
11        Adult Use Dispensing Organization License holder
12        agrees to provide an interest-free loan of at least
13        $200,000 to a Social Equity Applicant. The sponsor
14        shall not take an ownership stake in any cannabis
15        business establishment receiving sponsorship services
16        to comply with this subsection.
17    (b-5) Notwithstanding any restrictions on relocation
18otherwise set forth in this Act, an Early Approval Adult Use
19Dispensing Organization License holder shall be permitted,
20upon application to the Department, to relocate within the
21same zip code as its existing location if:
22        (1) it is located within the boundaries of a unit of
23    local government that prohibited the sale of adult use
24    cannabis; or
25        (2) it has obtained the approval of the unit of local
26    government where it is located to move to another location

 

 

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1    within that unit of local government.
2    (b-10) An Early Approval Adult Use Dispensing Organization
3shall not be permitted to apply to relocate under subsection
4(b-5) until 90 days after the award of licenses under Section
515-25, subsection (a) of Section 15-35, and Section 15-30.20.
6    (b-15) The new location of an Early Approval Adult Use
7Dispensing Organization relocated under subsection (b-5) shall
8comply with Sections 55-25 and 55-28.
9    (c) The license fee required by paragraph (1) of
10subsection (b) of this Section shall be in addition to any
11license fee required for the renewal of a registered medical
12cannabis dispensing organization license.
13    (d) Applicants must submit all required information,
14including the requirements in subsection (b) of this Section,
15to the Department. Failure by an applicant to submit all
16required information may result in the application being
17disqualified.
18    (e) If the Department receives an application that fails
19to provide the required elements contained in subsection (b),
20the Department shall issue a deficiency notice to the
21applicant. The applicant shall have 10 calendar days from the
22date of the deficiency notice to submit complete information.
23Applications that are still incomplete after this opportunity
24to cure may be disqualified.
25    (f) If an applicant meets all the requirements of
26subsection (b) of this Section, the Department shall issue the

 

 

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1Early Approval Adult Use Dispensing Organization License
2within 14 days of receiving a completed application unless:
3        (1) The licensee or a principal officer is delinquent
4    in filing any required tax returns or paying any amounts
5    owed to the State of Illinois;
6        (2) The Secretary of Financial and Professional
7    Regulation determines there is reason, based on documented
8    compliance violations, the licensee is not entitled to an
9    Early Approval Adult Use Dispensing Organization License;
10    or
11        (3) Any principal officer fails to register and remain
12    in compliance with this Act or the Compassionate Use of
13    Medical Cannabis Program Act.
14    (g) A registered medical cannabis dispensing organization
15that obtains an Early Approval Adult Use Dispensing
16Organization License may begin selling cannabis,
17cannabis-infused products, paraphernalia, and related items to
18purchasers under the rules of this Act no sooner than January
191, 2020.
20    (h) A dispensing organization holding a medical cannabis
21dispensing organization license issued under the Compassionate
22Use of Medical Cannabis Program Act must maintain an adequate
23supply of cannabis and cannabis-infused products for purchase
24by qualifying patients, caregivers, provisional patients, and
25Opioid Alternative Pilot Program participants. For the
26purposes of this subsection, "adequate supply" means a monthly

 

 

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1inventory level that is comparable in type and quantity to
2those medical cannabis products provided to patients and
3caregivers on an average monthly basis for the 6 months before
4the effective date of this Act.
5    (i) If there is a shortage of cannabis or cannabis-infused
6products, a dispensing organization holding both a dispensing
7organization license under the Compassionate Use of Medical
8Cannabis Program Act and this Act shall prioritize serving
9qualifying patients, caregivers, provisional patients, and
10Opioid Alternative Pilot Program participants before serving
11purchasers.
12    (j) Notwithstanding any law or rule to the contrary, a
13person that holds a medical cannabis dispensing organization
14license issued under the Compassionate Use of Medical Cannabis
15Program Act and an Early Approval Adult Use Dispensing
16Organization License may permit purchasers into a limited
17access area as that term is defined in administrative rules
18made under the authority in the Compassionate Use of Medical
19Cannabis Program Act.
20    (k) An Early Approval Adult Use Dispensing Organization
21License is valid until March 31, 2021. A dispensing
22organization that obtains an Early Approval Adult Use
23Dispensing Organization License shall receive written or
24electronic notice 90 days before the expiration of the license
25that the license will expire, and that informs the license
26holder that it may apply to renew its Early Approval Adult Use

 

 

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1Dispensing Organization License on forms provided by the
2Department. The Department shall renew the Early Approval
3Adult Use Dispensing Organization License within 60 days of
4the renewal application being deemed complete if:
5        (1) the dispensing organization submits an application
6    and the required nonrefundable renewal fee of $30,000, to
7    be deposited into the Cannabis Regulation Fund;
8        (2) the Department has not suspended or permanently
9    revoked the Early Approval Adult Use Dispensing
10    Organization License or a medical cannabis dispensing
11    organization license on the same premises for violations
12    of this Act, the Compassionate Use of Medical Cannabis
13    Program Act, or rules adopted pursuant to those Acts;
14        (3) the dispensing organization has completed a Social
15    Equity Inclusion Plan as provided by parts (A), (B), and
16    (C) of paragraph (8) of subsection (b) of this Section or
17    has made substantial progress toward completing a Social
18    Equity Inclusion Plan as provided by parts (D) and (E) of
19    paragraph (8) of subsection (b) of this Section; and
20        (4) the dispensing organization is in compliance with
21    this Act and rules.
22    (l) The Early Approval Adult Use Dispensing Organization
23License renewed pursuant to subsection (k) of this Section
24shall expire March 31, 2022. The Early Approval Adult Use
25Dispensing Organization Licensee shall receive written or
26electronic notice 90 days before the expiration of the license

 

 

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1that the license will expire, and that informs the license
2holder that it may apply for an Adult Use Dispensing
3Organization License on forms provided by the Department. The
4Department shall grant an Adult Use Dispensing Organization
5License within 60 days of an application being deemed complete
6if the applicant has met all of the criteria in Section 15-36.
7    (m) If a dispensing organization fails to submit an
8application for renewal of an Early Approval Adult Use
9Dispensing Organization License or for an Adult Use Dispensing
10Organization License before the expiration dates provided in
11subsections (k) and (l) of this Section, the dispensing
12organization shall cease serving purchasers and cease all
13operations until it receives a renewal or an Adult Use
14Dispensing Organization License, as the case may be.
15    (n) A dispensing organization agent who holds a valid
16dispensing organization agent identification card issued under
17the Compassionate Use of Medical Cannabis Program Act and is
18an officer, director, manager, or employee of the dispensing
19organization licensed under this Section may engage in all
20activities authorized by this Article to be performed by a
21dispensing organization agent.
22    (o) If the Department suspends, permanently revokes, or
23otherwise disciplines the Early Approval Adult Use Dispensing
24Organization License of a dispensing organization that also
25holds a medical cannabis dispensing organization license
26issued under the Compassionate Use of Medical Cannabis Program

 

 

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1Act, the Department may consider the suspension, permanent
2revocation, or other discipline of the medical cannabis
3dispensing organization license.
4    (p) All fees collected pursuant to this Section shall be
5deposited into the Cannabis Regulation Fund, unless otherwise
6specified.
7(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
8    (410 ILCS 705/15-25)
9    Sec. 15-25. Awarding of Conditional Adult Use Dispensing
10Organization Licenses prior to January 1, 2021.
11    (a) The Department shall issue up to 75 Conditional Adult
12Use Dispensing Organization Licenses before May 1, 2020.
13    (b) The Department shall make the application for a
14Conditional Adult Use Dispensing Organization License
15available no later than October 1, 2019 and shall accept
16applications no later than January 1, 2020.
17    (c) To ensure the geographic dispersion of Conditional
18Adult Use Dispensing Organization License holders, the
19following number of licenses shall be awarded in each BLS
20Region as determined by each region's percentage of the
21State's population:
22        (1) Bloomington: 1
23        (2) Cape Girardeau: 1
24        (3) Carbondale-Marion: 1
25        (4) Champaign-Urbana: 1

 

 

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1        (5) Chicago-Naperville-Elgin: 47
2        (6) Danville: 1
3        (7) Davenport-Moline-Rock Island: 1
4        (8) Decatur: 1
5        (9) Kankakee: 1
6        (10) Peoria: 3
7        (11) Rockford: 2
8        (12) St. Louis: 4
9        (13) Springfield: 1
10        (14) Northwest Illinois nonmetropolitan: 3
11        (15) West Central Illinois nonmetropolitan: 3
12        (16) East Central Illinois nonmetropolitan: 2
13        (17) South Illinois nonmetropolitan: 2
14    (d) An applicant seeking issuance of a Conditional Adult
15Use Dispensing Organization License shall submit an
16application on forms provided by the Department. An applicant
17must meet the following requirements:
18        (1) Payment of a nonrefundable application fee of
19    $5,000 for each license for which the applicant is
20    applying, which shall be deposited into the Cannabis
21    Regulation Fund;
22        (2) Certification that the applicant will comply with
23    the requirements contained in this Act;
24        (3) The legal name of the proposed dispensing
25    organization;
26        (4) A statement that the dispensing organization

 

 

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1    agrees to respond to the Department's supplemental
2    requests for information;
3        (5) From each principal officer, a statement
4    indicating whether that person:
5            (A) has previously held or currently holds an
6        ownership interest in a cannabis business
7        establishment in Illinois; or
8            (B) has held an ownership interest in a dispensing
9        organization or its equivalent in another state or
10        territory of the United States that had the dispensing
11        organization registration or license suspended,
12        revoked, placed on probationary status, or subjected
13        to other disciplinary action;
14        (6) Disclosure of whether any principal officer has
15    ever filed for bankruptcy or defaulted on spousal support
16    or child support obligation;
17        (7) A resume for each principal officer, including
18    whether that person has an academic degree, certification,
19    or relevant experience with a cannabis business
20    establishment or in a related industry;
21        (8) A description of the training and education that
22    will be provided to dispensing organization agents;
23        (9) A copy of the proposed operating bylaws;
24        (10) A copy of the proposed business plan that
25    complies with the requirements in this Act, including, at
26    a minimum, the following:

 

 

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1            (A) A description of services to be offered; and
2            (B) A description of the process of dispensing
3        cannabis;
4        (11) A copy of the proposed security plan that
5    complies with the requirements in this Article, including:
6            (A) The process or controls that will be
7        implemented to monitor the dispensary, secure the
8        premises, agents, and currency, and prevent the
9        diversion, theft, or loss of cannabis; and
10            (B) The process to ensure that access to the
11        restricted access areas is restricted to, registered
12        agents, service professionals, transporting
13        organization agents, Department inspectors, and
14        security personnel;
15        (12) A proposed inventory control plan that complies
16    with this Section;
17        (13) A proposed floor plan, a square footage estimate,
18    and a description of proposed security devices, including,
19    without limitation, cameras, motion detectors, servers,
20    video storage capabilities, and alarm service providers;
21        (14) The name, address, social security number, and
22    date of birth of each principal officer and board member
23    of the dispensing organization; each of those individuals
24    shall be at least 21 years of age;
25        (15) Evidence of the applicant's status as a Social
26    Equity Applicant, if applicable, and whether a Social

 

 

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1    Equity Applicant plans to apply for a loan or grant issued
2    by the Department of Commerce and Economic Opportunity;
3        (16) The address, telephone number, and email address
4    of the applicant's principal place of business, if
5    applicable. A post office box is not permitted;
6        (17) Written summaries of any information regarding
7    instances in which a business or not-for-profit that a
8    prospective board member previously managed or served on
9    were fined or censured, or any instances in which a
10    business or not-for-profit that a prospective board member
11    previously managed or served on had its registration
12    suspended or revoked in any administrative or judicial
13    proceeding;
14        (18) A plan for community engagement;
15        (19) Procedures to ensure accurate recordkeeping and
16    security measures that are in accordance with this Article
17    and Department rules;
18        (20) The estimated volume of cannabis it plans to
19    store at the dispensary;
20        (21) A description of the features that will provide
21    accessibility to purchasers as required by the Americans
22    with Disabilities Act;
23        (22) A detailed description of air treatment systems
24    that will be installed to reduce odors;
25        (23) A reasonable assurance that the issuance of a
26    license will not have a detrimental impact on the

 

 

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1    community in which the applicant wishes to locate;
2        (24) The dated signature of each principal officer;
3        (25) A description of the enclosed, locked facility
4    where cannabis will be stored by the dispensing
5    organization;
6        (26) Signed statements from each dispensing
7    organization agent stating that he or she will not divert
8    cannabis;
9        (27) The number of licenses it is applying for in each
10    BLS Region;
11        (28) A diversity plan that includes a narrative of at
12    least 2,500 words that establishes a goal of diversity in
13    ownership, management, employment, and contracting to
14    ensure that diverse participants and groups are afforded
15    equality of opportunity;
16        (29) A contract with a private security contractor
17    agency that is licensed under Section 10-5 of the Private
18    Detective, Private Alarm, Private Security, Fingerprint
19    Vendor, and Locksmith Act of 2004 in order for the
20    dispensary to have adequate security at its facility; and
21        (30) Other information deemed necessary by the
22    Illinois Cannabis Regulation Oversight Officer to conduct
23    the disparity and availability study referenced in
24    subsection (e) of Section 5-45.
25    (e) An applicant who receives a Conditional Adult Use
26Dispensing Organization License under this Section has 180

 

 

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1days from the date of award to identify a physical location for
2the dispensing organization retail storefront. Before a
3conditional licensee receives an authorization to build out
4the dispensing organization from the Department, the
5Department shall inspect the physical space selected by the
6conditional licensee. The Department shall verify the site is
7suitable for public access, the layout promotes the safe
8dispensing of cannabis, the location is sufficient in size,
9power allocation, lighting, parking, handicapped accessible
10parking spaces, accessible entry and exits as required by the
11Americans with Disabilities Act, product handling, and
12storage. The applicant shall also provide a statement of
13reasonable assurance that the issuance of a license will not
14have a detrimental impact on the community. The applicant
15shall also provide evidence that the location is not within
161,500 feet of an existing dispensing organization. If an
17applicant is unable to find a suitable physical address in the
18opinion of the Department within 180 days of the issuance of
19the Conditional Adult Use Dispensing Organization License, the
20Department may extend the period for finding a physical
21address another 180 days if the Conditional Adult Use
22Dispensing Organization License holder demonstrates concrete
23attempts to secure a location and a hardship. If the
24Department denies the extension or the Conditional Adult Use
25Dispensing Organization License holder is unable to find a
26location or become operational within 360 days of being

 

 

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1awarded a conditional license, the Department shall rescind
2the conditional license and award it to the next highest
3scoring applicant in the BLS Region for which the license was
4assigned, provided the applicant receiving the license: (i)
5confirms a continued interest in operating a dispensing
6organization; (ii) can provide evidence that the applicant
7continues to meet all requirements for holding a Conditional
8Adult Use Dispensing Organization License set forth in this
9Act; and (iii) has not otherwise become ineligible to be
10awarded a dispensing organization license. If the new awardee
11is unable to accept the Conditional Adult Use Dispensing
12Organization License, the Department shall award the
13Conditional Adult Use Dispensing Organization License to the
14next highest scoring applicant in the same manner. The new
15awardee shall be subject to the same required deadlines as
16provided in this subsection.
17    (e-5) If, within 180 days of being awarded a Conditional
18Adult Use Dispensing Organization License, a dispensing
19organization is unable to find a location within the BLS
20Region in which it was awarded a Conditional Adult Use
21Dispensing Organization License because no jurisdiction within
22the BLS Region allows for the operation of an Adult Use
23Dispensing Organization, the Department of Financial and
24Professional Regulation may authorize the Conditional Adult
25Use Dispensing Organization License holder to transfer its
26license to a BLS Region specified by the Department.

 

 

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1    (f) A dispensing organization that is awarded a
2Conditional Adult Use Dispensing Organization License pursuant
3to the criteria in Section 15-30 shall not purchase, possess,
4sell, or dispense cannabis or cannabis-infused products until
5the person has received an Adult Use Dispensing Organization
6License issued by the Department pursuant to Section 15-36 of
7this Act.
8    (g) The Department shall conduct a background check of the
9prospective organization agents in order to carry out this
10Article. The Department of State Police shall charge the
11applicant a fee for conducting the criminal history record
12check, which shall be deposited into the State Police Services
13Fund and shall not exceed the actual cost of the record check.
14Each person applying as a dispensing organization agent shall
15submit a full set of fingerprints to the Department of State
16Police for the purpose of obtaining a State and federal
17criminal records check. These fingerprints shall be checked
18against the fingerprint records now and hereafter, to the
19extent allowed by law, filed in the Department of State Police
20and Federal Bureau of Identification criminal history records
21databases. The Department of State Police shall furnish,
22following positive identification, all Illinois conviction
23information to the Department.
24(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
25    (410 ILCS 705/15-30.20 new)

 

 

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1    Sec. 15-30.20. Tied Applicant Lottery; additional
2requirements; timing.
3    (a) If awarding a license in a Tied Applicant Lottery
4would result in a Tied Applicant possessing more than 10 Early
5Approval Adult Use Dispensing Organization Licenses or
6Conditional Adult Use Dispensing Organization Licenses, the
7Tied Applicant shall abandon any Early Approval Adult Use
8Dispensing Organization Licenses or Conditional Adult Use
9Dispensing Organization Licenses no later than 5 business days
10after the date that the Tied Applicant Lottery is conducted.
11    (b) The Department shall publish the certified results of
12a Tied Applicant Lottery within 2 business days after the Tied
13Applicant Lottery is conducted.
 
14    (410 ILCS 705/15-35)
15    Sec. 15-35. Conditional Adult Use Dispensing Organization
16License after January 1, 2021.
17    (a) In addition to any of the licenses issued in Sections
1815-15, Section 15-20, or Section 15-25, or Section 15-30.20 of
19this Act, within 45 days after the effective date of this
20amendatory Act of the 102nd General Assembly, by December 21,
212021, the Department shall issue up to 110 Conditional Adult
22Use Dispensing Organization Licenses by lot. In order to be
23eligible to be awarded a Conditional Adult Use Dispensing
24Organization License by lot, a Dispensary Applicant must be a
25Qualifying Applicant as defined in this Act , pursuant to the

 

 

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1application process adopted under this Section.
2    The licenses issued under this Section shall be awarded in
3each BLS Region in the following amounts:
4        (1) Bloomington: 2
5        (2) Cape Girardeau: 2
6        (3) Carbondale-Marion: 2
7        (4) Champaign-Urbana: 2
8        (5) Chicago-Naperville-Elgin: 61
9        (6) Danville: 2
10        (7) Davenport-Moline-Rock Island: 2
11        (8) Decatur: 2
12        (9) Kankakee: 2
13        (10) Peoria: 5
14        (11) Rockford: 3
15        (12) St. Louis: 7
16        (13) Springfield: 2
17        (14) Northwest Illinois nonmetropolitan: 5
18        (15) West Central Illinois nonmetropolitan: 5
19        (16) East Central Illinois nonmetropolitan: 3
20        (17) South Illinois nonmetropolitan: 3
21    (a-5) Prior to issuing such licenses under subsection (a),
22the Department may adopt rules through emergency rulemaking in
23accordance with subsection (kk) (gg) of Section 5-45 of the
24Illinois Administrative Procedure Act. The General Assembly
25finds that the adoption of rules to regulate cannabis use is
26deemed an emergency and necessary for the public interest,

 

 

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1safety, and welfare. Such rules may:
2        (1) Modify or change the BLS Regions as they apply to
3    this Article or modify or raise the number of Adult
4    Conditional Use Dispensing Organization Licenses assigned
5    to each region based on the following factors:
6            (A) Purchaser wait times;
7            (B) Travel time to the nearest dispensary for
8        potential purchasers;
9            (C) Percentage of cannabis sales occurring in
10        Illinois not in the regulated market using data from
11        the Substance Abuse and Mental Health Services
12        Administration, National Survey on Drug Use and
13        Health, Illinois Behavioral Risk Factor Surveillance
14        System, and tourism data from the Illinois Office of
15        Tourism to ascertain total cannabis consumption in
16        Illinois compared to the amount of sales in licensed
17        dispensing organizations;
18            (D) Whether there is an adequate supply of
19        cannabis and cannabis-infused products to serve
20        registered medical cannabis patients;
21            (E) Population increases or shifts;
22            (F) Density of dispensing organizations in a
23        region;
24            (G) The Department's capacity to appropriately
25        regulate additional licenses;
26            (H) The findings and recommendations from the

 

 

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1        disparity and availability study commissioned by the
2        Illinois Cannabis Regulation Oversight Officer in
3        subsection (e) of Section 5-45 to reduce or eliminate
4        any identified barriers to entry in the cannabis
5        industry; and
6            (I) Any other criteria the Department deems
7        relevant.
8        (2) Modify or change the licensing application process
9    to reduce or eliminate the barriers identified in the
10    disparity and availability study commissioned by the
11    Illinois Cannabis Regulation Oversight Officer and make
12    modifications to remedy evidence of discrimination.
13    (b) The Department may distribute the available licenses
14established under this Section, subject to the following:
15After January 1, 2022, the Department may by rule modify or
16raise the number of Adult Use Dispensing Organization Licenses
17assigned to each region, and modify or change the licensing
18application process to reduce or eliminate barriers based on
19the criteria in subsection (a). At no time shall the
20Department issue more than 500 Adult Use Dispensing
21Organization Licenses.
22        (1) The drawing by lot for all available licenses
23    established under this Section shall occur on the same day
24    when practicable.
25        (2) Within each BLS Region, the first Qualifying
26    Applicant drawn will have the first right to an available

 

 

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1    license. The second Qualifying Applicant drawn will have
2    the second right to an available license. The same pattern
3    will continue for each subsequent Qualifying Applicant
4    drawn.
5        (3) The process for distributing available licenses
6    under this Section shall be recorded by the Department in
7    a format selected by the Department.
8        (4) A Dispensary Applicant is prohibited from becoming
9    a Qualifying Applicant if a principal officer resigns
10    after the resulting final scores for all scored
11    applications pursuant to Sections 15-25 and 15-30 are
12    released.
13        (5) No Qualifying Applicant may be awarded more than 3
14    Conditional Adult Use Dispensing Organization Licenses at
15    the conclusion of a lottery conducted under this Section.
16        (6) No individual may be listed as a principal officer
17    of more than 3 Conditional Adult Use Dispensing
18    Organization Licenses awarded under this Section.
19        (7) If, upon being selected for an available license
20    established under this Section, a Qualifying Applicant
21    exceeds the requirements of paragraphs (5) and (6), the
22    Qualifying Applicant listing that principal officer must
23    choose which license to abandon and notify the Department
24    in writing within 5 business days. If the Qualifying
25    Applicant does not notify the Department as required, the
26    Department shall refuse to issue the Qualifying Applicant

 

 

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1    all available licenses established under this Section
2    obtained by lot in all BLS Regions.
3        (8) If, upon being selected for an available license
4    established under this Section, a Qualifying Applicant has
5    a principal officer who is a principal officer in more
6    than 10 Early Approval Adult Use Dispensing Organization
7    Licenses, Conditional Adult Use Dispensing Organization
8    Licenses, or Adult Use Dispensing Organization Licenses,
9    the licensees and the Qualifying Applicant listing that
10    principal officer must choose which license to abandon
11    pursuant to subsection (d) of Section 15-36 and notify the
12    Department in writing within 5 business days. If the
13    Dispensary Applicant or licensees do not notify the
14    Department as required, the Department shall refuse to
15    issue the Qualifying Applicant all available licenses
16    established under this Section obtained by lot in all BLS
17    Regions.
18        (9) All available licenses that have been abandoned
19    shall be distributed to the next Qualifying Applicant
20    drawn by lot.
21        (10) Any and all rights conferred or obtained under
22    this Section shall be limited to the provisions of this
23    Section.
24    (c) An applicant who receives a Conditional Adult Use
25Dispensing Organization License under this Section has 180
26days from the date of the award to identify a physical location

 

 

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

 

 

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1Department shall award the Conditional Adult Use Dispensing
2Organization License pursuant to subsection (b). The new
3awardee shall be subject to the same required deadlines as
4provided in this subsection.
5    (d) If, within 180 days of being awarded a Conditional
6Adult Use Dispensing Organization License, a dispensing
7organization is unable to find a location within the BLS
8Region in which it was awarded a Conditional Adult Use
9Dispensing Organization License because no jurisdiction within
10the BLS Region allows for the operation of an Adult Use
11Dispensing Organization, the Department may authorize the
12Conditional Adult Use Dispensing Organization License holder
13to transfer its Conditional Adult Use Dispensing Organization
14License to a BLS Region specified by the Department.
15    (e) A dispensing organization that is awarded a
16Conditional Adult Use Dispensing Organization License pursuant
17to this Section shall not purchase, possess, sell, or dispense
18cannabis or cannabis-infused products until the dispensing
19organization has received an Adult Use Dispensing Organization
20License issued by the Department pursuant to Section 15-36.
21    (f) The Department shall conduct a background check of the
22prospective dispensing organization agents in order to carry
23out this Article. The Illinois 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.

 

 

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1Each person applying as a dispensing organization agent shall
2submit a full set of fingerprints to the Illinois State Police
3for the purpose of obtaining a State and federal criminal
4records check. These fingerprints shall be checked against the
5fingerprint records now and hereafter, to the extent allowed
6by law, filed with the Illinois State Police and the Federal
7Bureau of Identification criminal history records databases.
8The Illinois State Police shall furnish, following positive
9identification, all Illinois conviction information to the
10Department.
11    (g) The Department may verify information contained in
12each application and accompanying documentation to assess the
13applicant's veracity and fitness to operate a dispensing
14organization.
15    (h) The Department may, in its discretion, refuse to issue
16an authorization to an applicant who meets any of the
17following criteria:
18        (1) An applicant who is unqualified to perform the
19    duties required of the applicant.
20        (2) An applicant who fails to disclose or states
21    falsely any information called for in the application.
22        (3) An applicant who has been found guilty of a
23    violation of this Act, whose medical cannabis dispensing
24    organization, medical cannabis cultivation organization,
25    Early Approval Adult Use Dispensing Organization License,
26    Early Approval Adult Use Dispensing Organization License

 

 

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1    at a secondary site, or Early Approval Cultivation Center
2    License was suspended, restricted, revoked, or denied for
3    just cause, or whose cannabis business establishment
4    license was suspended, restricted, revoked, or denied in
5    any other state.
6        (4) An applicant who has engaged in a pattern or
7    practice of unfair or illegal practices, methods, or
8    activities in the conduct of owning a cannabis business
9    establishment or other business.
10    (i) The Department shall deny the license if any principal
11officer, board member, or person having a financial or voting
12interest of 5% or greater in the licensee is delinquent in
13filing any required tax return or paying any amount owed to the
14State of Illinois.
15    (j) The Department shall verify an applicant's compliance
16with the requirements of this Article and rules adopted under
17this Article before issuing a Conditional Adult Use Dispensing
18Organization License.
19    (k) If an applicant is awarded a Conditional Adult Use
20Dispensing Organization License under this Section, the
21information and plans provided in the application, including
22any plans submitted for bonus points, shall become a condition
23of the Conditional Adult Use Dispensing Organization Licenses
24and any Adult Use Dispensing Organization License issued to
25the holder of the Conditional Adult Use Dispensing
26Organization License, except as otherwise provided by this Act

 

 

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1or by rule. Dispensing organizations have a duty to disclose
2any material changes to the application. The Department shall
3review all material changes disclosed by the dispensing
4organization, and may reevaluate its prior decision regarding
5the awarding of a Conditional Adult Use Dispensing
6Organization License, including, but not limited to,
7suspending or permanently revoking a Conditional Adult Use
8Dispensing Organization License. Failure to comply with the
9conditions or requirements in the application may subject the
10dispensing organization to discipline up to and including
11suspension or permanent revocation of its authorization or
12Conditional Adult Use Dispensing Organization License by the
13Department.
14    (l) If an applicant has not begun operating as a
15dispensing organization within one year after the issuance of
16the Conditional Adult Use Dispensing Organization License, the
17Department may permanently revoke the Conditional Adult Use
18Dispensing Organization License and award it to the next
19highest scoring applicant in the BLS Region if a suitable
20applicant indicates a continued interest in the Conditional
21Adult Use Dispensing Organization License or may begin a new
22selection process to award a Conditional Adult Use Dispensing
23Organization License.
24    (m) After January 1, 2022, the Department may by rule
25modify or raise the number of Adult Use Dispensing
26Organization Licenses assigned to each BLS Region, and modify

 

 

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1or change the licensing application process. At no time shall
2the Department issue more than 500 Conditional Adult Use
3Dispensing Organization License.
4(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
5    (410 ILCS 705/15-40)
6    Sec. 15-40. Dispensing organization agent identification
7card; agent training.
8    (a) The Department shall:
9        (1) verify the information contained in an application
10    or renewal for a dispensing organization agent
11    identification card submitted under this Article, and
12    approve or deny an application or renewal, within 30 days
13    of receiving a completed application or renewal
14    application and all supporting documentation required by
15    rule;
16        (2) issue a dispensing organization agent
17    identification card to a qualifying agent within 15
18    business days of approving the application or renewal;
19        (3) enter the registry identification number of the
20    dispensing organization where the agent works;
21        (4) within one year from the effective date of this
22    Act, allow for an electronic application process and
23    provide a confirmation by electronic or other methods that
24    an application has been submitted; and
25        (5) collect a $100 nonrefundable fee from the

 

 

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1    applicant to be deposited into the Cannabis Regulation
2    Fund.
3    (b) A dispensing organization agent must keep his or her
4identification card visible at all times when in the
5dispensary.
6    (c) The dispensing organization agent identification cards
7shall contain the following:
8        (1) the name of the cardholder;
9        (2) the date of issuance and expiration date of the
10    dispensing organization agent identification cards;
11        (3) a random 10-digit alphanumeric identification
12    number containing at least 4 numbers and at least 4
13    letters that is unique to the cardholder; and
14        (4) a photograph of the cardholder.
15    (d) The dispensing organization agent identification cards
16shall be immediately returned to the dispensing organization
17upon termination of employment.
18    (e) The Department shall not issue an agent identification
19card if the applicant is delinquent in filing any required tax
20returns or paying any amounts owed to the State of Illinois.
21    (f) Any card lost by a dispensing organization agent shall
22be reported to the Department of State Police and the
23Department immediately upon discovery of the loss.
24    (g) An applicant shall be denied a dispensing organization
25agent identification card renewal if he or she fails to
26complete the training provided for in this Section.

 

 

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

 

 

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

 

 

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1either through mail or electronic communication to the
2dispensing organization, which shall retain a copy of the
3certificate.
4    (l) The license of a dispensing organization or medical
5cannabis dispensing organization whose owners, managers,
6employees, or agents fail to comply with this Section may be
7suspended or permanently revoked under Section 15-145 or may
8face other disciplinary action.
9    (m) The regulation of dispensing organization and medical
10cannabis dispensing employer and employee training is an
11exclusive function of the State, and regulation by a unit of
12local government, including a home rule unit, is prohibited.
13This subsection (m) is a denial and limitation of home rule
14powers and functions under subsection (h) of Section 6 of
15Article VII of the Illinois Constitution.
16    (n) Persons seeking Department approval to offer the
17training required by paragraph (3) of subsection (i) may apply
18for such approval between August 1 and August 15 of each
19odd-numbered year in a manner prescribed by the Department.
20    (o) Persons seeking Department approval to offer the
21training required by paragraph (3) of subsection (i) shall
22submit a nonrefundable application fee of $2,000 to be
23deposited into the Cannabis Regulation Fund or a fee as may be
24set by rule. Any changes made to the training module shall be
25approved by the Department.
26    (p) The Department shall not unreasonably deny approval of

 

 

10200HB1443ham001- 102 -LRB102 03459 CPF 25629 a

1a training module that meets all the requirements of paragraph
2(3) of subsection (i). A denial of approval shall include a
3detailed description of the reasons for the denial.
4    (q) Any person approved to provide the training required
5by paragraph (3) of subsection (i) shall submit an application
6for re-approval between August 1 and August 15 of each
7odd-numbered year and include a nonrefundable application fee
8of $2,000 to be deposited into the Cannabis Regulation Fund or
9a fee as may be set by rule.
10    (r) All persons applying to become or renewing their
11registrations to be agents, including agents-in-charge and
12principal officers, shall disclose any disciplinary action
13taken against them that may have occurred in Illinois, another
14state, or another country in relation to their employment at a
15cannabis business establishment or at any cannabis cultivation
16center, processor, infuser, dispensary, or other cannabis
17business establishment.
18    (s) An agent applicant may begin employment at a
19dispensing organization while the agent applicant's
20identification card application is pending. Upon approval, the
21Department shall issue the agent's identification card to the
22agent. If denied, the dispensing organization and the agent
23applicant shall be notified and the agent applicant must cease
24all activity at the dispensing organization immediately.
25(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 

 

 

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1    (410 ILCS 705/20-55 new)
2    Sec. 20-55. Disclosure of ownership and control.
3    (a) Each Adult Use Cultivation Center applicant and
4license holder shall file and maintain a Table of
5Organization, Ownership, and Control with the Department. The
6Table of Organization, Ownership, and Control shall contain
7the information required by this Section in sufficient detail
8to identify all owners, directors, and principal officers, and
9the title of each principal officer or business entity that,
10through direct or indirect means, manages, owns, or controls
11the applicant or license holder.
12    (b) The Table of Organization, Ownership, and Control
13shall identify the following information:
14        (1) The management structure, ownership, and control
15    of the applicant or license holder including the name of
16    each principal officer or business entity, the office or
17    position held, and the percentage ownership interest, if
18    any. If the business entity has a parent company, the name
19    of each owner, board member, and officer of the parent
20    company and his or her percentage ownership interest in
21    the parent company and the Adult Use Cultivation Center.
22        (2) If the applicant or licensee is a business entity
23    with publicly traded stock, the identification of
24    ownership shall be provided as required in subsection (c).
25    (c) If a business entity identified in subsection (b) is a
26publicly traded company, the following information shall be

 

 

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1provided in the Table of Organization, Ownership, and Control:
2        (1) The name and percentage of ownership interest of
3    each individual or business entity with ownership of more
4    than 5% of the voting shares of the entity, to the extent
5    such information is known or contained in 13D or 13G
6    Securities and Exchange Commission filings.
7        (2) To the extent known, the names and percentage of
8    interest of ownership of persons who are relatives of one
9    another and who together exercise control over or own more
10    than 10% of the voting shares of the entity.
11    (d) An Adult Use Cultivation Center with a parent company
12or companies, or partially owned or controlled by another
13entity must disclose to the Department the relationship and
14all owners, board members, officers, or individuals with
15control or management of those entities. An Adult Use
16Cultivation Center shall not shield its ownership or control
17from the Department.
18    (e) All principal officers must submit a complete online
19application with the Department within 14 days of the Adult
20Use Cultivation Center being licensed by the Department or
21within 14 days of Department notice of approval as a new
22principal officer.
23    (f) A principal officer may not allow his or her
24registration to expire.
25    (g) An Adult Use Cultivation Center separating with a
26principal officer must do so under this Act. The principal

 

 

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1officer must communicate the separation to the Department
2within 5 business days.
3    (h) A principal officer not in compliance with the
4requirements of this Act shall be removed from his or her
5position with the Adult Use Cultivation Center or shall
6otherwise terminate his or her affiliation. Failure to do so
7may subject the Adult Use Cultivation Center to discipline,
8suspension, or revocation of its license by the Department.
9    (i) It is the responsibility of the Adult Use Cultivation
10Center and its principal officers to promptly notify the
11Department of any change of the principal place of business
12address, hours of operation, change in ownership or control,
13or a change of the Adult Use Cultivation Center's primary or
14secondary contact information. Any changes must be made to the
15Department in writing.
 
16    (410 ILCS 705/25-5)
17    (Section scheduled to be repealed on July 1, 2026)
18    Sec. 25-5. Administration.
19    (a) The Department shall establish and administer the
20Program in coordination with the Illinois Community College
21Board. The Department may issue up to 8 Program licenses to
22applicants that meet the requirements outlined in this Article
23by September 1, 2020.
24    (b) Beginning with the 2021-2022 academic year, and
25subject to subsection (h) of Section 2-12 of the Public

 

 

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1Community College Act, community colleges awarded Program
2licenses may offer qualifying students a Career in Cannabis
3Certificate, which includes, but is not limited to, courses
4that allow participating students to work with, study, and
5grow live cannabis plants so as to prepare students for a
6career in the legal cannabis industry, and to instruct
7participating students on the best business practices,
8professional responsibility, and legal compliance of the
9cannabis business industry.
10    (c) The Board may issue rules pertaining to the provisions
11in this Act.
12    (d) Notwithstanding any other provision of this Act,
13students shall be at least 18 years old in order to enroll in a
14licensee's Career in Cannabis Certificate's prescribed course
15of study.
16(Source: P.A. 101-27, eff. 6-25-19.)
 
17    (410 ILCS 705/25-35)
18    (Section scheduled to be repealed on July 1, 2026)
19    Sec. 25-35. Community College Cannabis Vocational Training
20Pilot Program faculty participant agent identification card.
21    (a) The Department shall:
22        (1) establish by rule the information required in an
23    initial application or renewal application for an agent
24    identification card submitted under this Article and the
25    nonrefundable fee to accompany the initial application or

 

 

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1    renewal application;
2        (2) verify the information contained in an initial
3    application or renewal application for an agent
4    identification card submitted under this Article, and
5    approve or deny an application within 30 days of receiving
6    a completed initial application or renewal application and
7    all supporting documentation required by rule;
8        (3) issue an agent identification card to a qualifying
9    agent within 15 business days of approving the initial
10    application or renewal application;
11        (4) enter the license number of the community college
12    where the agent works; and
13        (5) allow for an electronic initial application and
14    renewal application process, and provide a confirmation by
15    electronic or other methods that an application has been
16    submitted. Each Department may by rule require prospective
17    agents to file their applications by electronic means and
18    to provide notices to the agents by electronic means.
19    (b) An agent must keep his or her identification card
20visible at all times when in the enclosed, locked facility, or
21facilities 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
3    letters that is unique to the holder;
4        (4) a photograph of the cardholder; and
5        (5) the legal name of the community college employing
6    the agent.
7    (d) An agent identification card shall be immediately
8returned to the community college of the agent upon
9termination of his or her employment.
10    (e) Any agent identification card lost shall be reported
11to the Department of State Police and the Department of
12Agriculture immediately upon discovery of the loss.
13    (f) An agent applicant may begin employment at a Community
14College Cannabis Vocational Training Pilot Program while the
15agent applicant's identification card application is pending.
16Upon approval, the Department shall issue the agent's
17identification card to the agent. If denied, the Community
18College Cannabis Vocational Training Pilot Program and the
19agent applicant shall be notified and the agent applicant must
20cease all activity at the Community College Cannabis
21Vocational Training Pilot Program immediately.
22(Source: P.A. 101-27, eff. 6-25-19.)
 
23    (410 ILCS 705/30-5)
24    Sec. 30-5. Issuance of licenses.
25    (a) The Department of Agriculture shall issue up to 40

 

 

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1craft grower licenses by July 1, 2020. Any person or entity
2awarded a license pursuant to this subsection shall only hold
3one craft grower license and may not sell that license until
4after December 21, 2021.
5    (b) By December 21, 2021, the Department of Agriculture
6shall issue up to 60 additional craft grower licenses. Any
7person or entity awarded a license pursuant to this subsection
8shall not hold more than 2 craft grower licenses. The person or
9entity awarded a license pursuant to this subsection or
10subsection (a) of this Section may sell its craft grower
11license subject to the restrictions of this Act or as
12determined by administrative rule. Prior to issuing such
13licenses, the Department may adopt rules through emergency
14rulemaking in accordance with subsection (kk) (gg) of Section
155-45 of the Illinois Administrative Procedure Act, to modify
16or raise the number of craft grower licenses and modify or
17change the licensing application process to reduce or
18eliminate barriers. The General Assembly finds that the
19adoption of rules to regulate cannabis use is deemed an
20emergency and necessary for the public interest, safety, and
21welfare. In determining whether to exercise the authority
22granted by this subsection, the Department of Agriculture must
23consider the following factors:
24        (1) the percentage of cannabis sales occurring in
25    Illinois not in the regulated market using data from the
26    Substance Abuse and Mental Health Services Administration,

 

 

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1    National Survey on Drug Use and Health, Illinois
2    Behavioral Risk Factor Surveillance System, and tourism
3    data from the Illinois Office of Tourism to ascertain
4    total cannabis consumption in Illinois compared to the
5    amount of sales in licensed dispensing organizations;
6        (2) whether there is an adequate supply of cannabis
7    and cannabis-infused products to serve registered medical
8    cannabis patients;
9        (3) whether there is an adequate supply of cannabis
10    and cannabis-infused products to serve purchasers;
11        (4) whether there is an oversupply of cannabis in
12    Illinois leading to trafficking of cannabis to states
13    where the sale of cannabis is not permitted by law;
14        (5) population increases or shifts;
15        (6) the density of craft growers in any area of the
16    State;
17        (7) perceived security risks of increasing the number
18    or location of craft growers;
19        (8) the past safety record of craft growers;
20        (9) the Department of Agriculture's capacity to
21    appropriately regulate additional licensees;
22        (10) (blank) the findings and recommendations from the
23    disparity and availability study commissioned by the
24    Illinois Cannabis Regulation Oversight Officer to reduce
25    or eliminate any identified barriers to entry in the
26    cannabis industry; and

 

 

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1        (11) any other criteria the Department of Agriculture
2    deems relevant.
3    (c) After January 1, 2022, the Department of Agriculture
4may by rule modify or raise the number of craft grower licenses
5and modify or change the licensing application process to
6reduce or eliminate barriers based on the criteria in
7subsection (b). At no time may the number of craft grower
8licenses exceed 150. Any person or entity awarded a license
9pursuant to this subsection shall not hold more than 3 craft
10grower licenses. A person or entity awarded a license pursuant
11to this subsection or subsection (a) or subsection (b) of this
12Section may sell its craft grower license or licenses subject
13to the restrictions of this Act or as determined by
14administrative rule.
15    (d) Upon the completion of the disparity and availability
16study pertaining to craft growers by the Cannabis Regulation
17Oversight Officer pursuant to subsection (e) of Section 5-45,
18the Department may modify or change the licensing application
19process to reduce or eliminate barriers from and remedy
20evidence of discrimination identified in the disparity and
21availability study.
22(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
23    (410 ILCS 705/30-55 new)
24    Sec. 30-55. Disclosure of ownership and control.
25    (a) Each craft grower applicant and licensee shall file

 

 

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1and maintain a Table of Organization, Ownership, and Control
2with the Department. The Table of Organization, Ownership, and
3Control shall contain the information required by this Section
4in sufficient detail to identify all owners, directors, and
5principal officers, and the title of each principal officer or
6business entity that, through direct or indirect means,
7manages, owns, or controls the applicant or licensee.
8    (b) The Table of Organization, Ownership and Control shall
9identify the following information:
10        (1) The management structure, ownership, and control
11    of the applicant or license holder including the name of
12    each principal officer or business entity, the office or
13    position held, and the percentage ownership interest, if
14    any. If the business entity has a parent company, the name
15    of each owner, board member, and officer of the parent
16    company and his or her percentage ownership interest in
17    the parent company and the craft grower.
18        (2) If the applicant or licensee is a business entity
19    with publicly traded stock, the identification of
20    ownership shall be provided as required in subsection (c).
21    (c) If a business entity identified in subsection (b) is a
22publicly traded company, the following information shall be
23provided in the Table of Organization, Ownership, and Control:
24        (1) The name and percentage of ownership interest of
25    each individual or business entity with ownership of more
26    than 5% of the voting shares of the entity, to the extent

 

 

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1    such information is known or contained in 13D or 13G
2    Securities and Exchange Commission filings.
3        (2) To the extent known, the names and percentage of
4    interest of ownership of persons who are relatives of one
5    another and who together exercise control over or own more
6    than 10% of the voting shares of the entity.
7    (d) A craft grower with a parent company or companies, or
8partially owned or controlled by another entity must disclose
9to the Department the relationship and all owners, board
10members, officers, or individuals with control or management
11of those entities. A craft grower shall not shield its
12ownership or control from the Department.
13    (e) All principal officers must submit a complete online
14application with the Department within 14 days of the craft
15grower being licensed by the Department or within 14 days of
16Department notice of approval as a new principal officer.
17    (f) A principal officer may not allow his or her
18registration to expire.
19    (g) A craft grower separating with a principal officer
20must do so under this Act. The principal officer must
21communicate the separation to the Department within 5 business
22days.
23    (h) A principal officer not in compliance with the
24requirements of this Act shall be removed from his or her
25position with the craft grower or shall otherwise terminate
26his or her affiliation. Failure to do so may subject the craft

 

 

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1grower to discipline, suspension, or revocation of its license
2by the Department.
3    (i) It is the responsibility of the craft grower and its
4principal officers to promptly notify the Department of any
5change of the principal place of business address, hours of
6operation, change in ownership or control, or a change of the
7craft grower's primary or secondary contact information. Any
8changes must be made to the Department in writing.
 
9    (410 ILCS 705/35-5)
10    Sec. 35-5. Issuance of licenses.
11    (a) The Department of Agriculture shall issue up to 40
12infuser licenses through a process provided for in this
13Article no later than July 1, 2020.
14    (b) The Department of Agriculture shall make the
15application for infuser licenses available on January 7, 2020,
16or if that date falls on a weekend or holiday, the business day
17immediately succeeding the weekend or holiday and every
18January 7 or succeeding business day thereafter, and shall
19receive such applications no later than March 15, 2020, or, if
20that date falls on a weekend or holiday, the business day
21immediately succeeding the weekend or holiday and every March
2215 or succeeding business day thereafter.
23    (c) By December 21, 2021, the Department of Agriculture
24may issue up to 60 additional infuser licenses. Prior to
25issuing such licenses, the Department may adopt rules through

 

 

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1emergency rulemaking in accordance with subsection (kk) (gg)
2of Section 5-45 of the Illinois Administrative Procedure Act,
3to modify or raise the number of infuser licenses and modify or
4change the licensing application process to reduce or
5eliminate barriers. The General Assembly finds that the
6adoption of rules to regulate cannabis use is deemed an
7emergency and necessary for the public interest, safety, and
8welfare.
9    In determining whether to exercise the authority granted
10by this subsection, the Department of Agriculture must
11consider the following factors:
12        (1) the percentage of cannabis sales occurring in
13    Illinois not in the regulated market using data from the
14    Substance Abuse and Mental Health Services Administration,
15    National Survey on Drug Use and Health, Illinois
16    Behavioral Risk Factor Surveillance System, and tourism
17    data from the Illinois Office of Tourism to ascertain
18    total cannabis consumption in Illinois compared to the
19    amount of sales in licensed dispensing organizations;
20        (2) whether there is an adequate supply of cannabis
21    and cannabis-infused products to serve registered medical
22    cannabis patients;
23        (3) whether there is an adequate supply of cannabis
24    and cannabis-infused products to serve purchasers;
25        (4) whether there is an oversupply of cannabis in
26    Illinois leading to trafficking of cannabis to any other

 

 

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1    state;
2        (5) population increases or shifts;
3        (6) changes to federal law;
4        (7) perceived security risks of increasing the number
5    or location of infuser organizations;
6        (8) the past security records of infuser
7    organizations;
8        (9) the Department of Agriculture's capacity to
9    appropriately regulate additional licenses;
10        (10) (blank) the findings and recommendations from the
11    disparity and availability study commissioned by the
12    Illinois Cannabis Regulation Oversight Officer to reduce
13    or eliminate any identified barriers to entry in the
14    cannabis industry; and
15        (11) any other criteria the Department of Agriculture
16    deems relevant.
17    (d) After January 1, 2022, the Department of Agriculture
18may by rule modify or raise the number of infuser licenses, and
19modify or change the licensing application process to reduce
20or eliminate barriers based on the criteria in subsection (c).
21    (e) Upon the completion of the disparity and availability
22study pertaining to infusers by the Cannabis Regulation
23Oversight Officer pursuant to subsection (e) of Section 5-45,
24the Department of Agriculture may modify or change the
25licensing application process to reduce or eliminate barriers
26and remedy evidence of discrimination identified in the study.

 

 

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

 

 

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1    electronic means and provide notices to the agents by
2    electronic means.
3    (b) An agent must keep his or her identification card
4visible at all times when on the property of a cannabis
5business establishment including the cannabis business
6establishment for which he or she is an agent.
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
14    letters that is unique to the holder;
15        (4) a photograph of the cardholder; and
16        (5) the legal name of the infuser organization
17    employing the agent.
18    (d) An agent identification card shall be immediately
19returned to the infuser organization of the agent upon
20termination of his or her employment.
21    (e) Any agent identification card lost by a transporting
22agent shall be reported to the Department of State Police and
23the Department of Agriculture immediately upon discovery of
24the loss.
25    (f) An agent applicant may begin employment at an infuser
26organization while the agent applicant's identification card

 

 

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1application is pending. Upon approval, the Department shall
2issue the agent's identification card to the agent. If denied,
3the infuser organization and the agent applicant shall be
4notified and the agent applicant must cease all activity at
5the infuser organization immediately.
6(Source: P.A. 101-27, eff. 6-25-19.)
 
7    (410 ILCS 705/35-45 new)
8    Sec. 35-45. Disclosure of ownership and control.
9    (a) Each infuser organization applicant and licensee shall
10file and maintain a Table of Organization, Ownership and
11Control with the Department. The Table of Organization,
12Ownership and Control shall contain the information required
13by this Section in sufficient detail to identify all owners,
14directors, and principal officers, and the title of each
15principal officer or business entity that, through direct or
16indirect means, manages, owns, or controls the applicant or
17licensee.
18    (b) The Table of Organization, Ownership, and Control
19shall identify the following information:
20        (1) The management structure, ownership, and control
21    of the applicant or license holder including the name of
22    each principal officer or business entity, the office or
23    position held, and the percentage ownership interest, if
24    any. If the business entity has a parent company, the name
25    of each owner, board member, and officer of the parent

 

 

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1    company and his or her percentage ownership interest in
2    the parent company and the infuser organization.
3        (2) If the applicant or licensee is a business entity
4    with publicly traded stock, the identification of
5    ownership shall be provided as required in subsection (c).
6    (c) If a business entity identified in subsection (b) is a
7publicly traded company, the following information shall be
8provided in the Table of Organization, Ownership, and Control:
9        (1) The name and percentage of ownership interest of
10    each individual or business entity with ownership of more
11    than 5% of the voting shares of the entity, to the extent
12    such information is known or contained in 13D or 13G
13    Securities and Exchange Commission filings.
14        (2) To the extent known, the names and percentage of
15    interest of ownership of persons who are relatives of one
16    another and who together exercise control over or own more
17    than 10% of the voting shares of the entity.
18    (d) An infuser organization with a parent company or
19companies, or partially owned or controlled by another entity
20must disclose to the Department the relationship and all
21owners, board members, officers, or individuals with control
22or management of those entities. An infuser organization shall
23not shield its ownership or control from the Department.
24    (e) All principal officers must submit a complete online
25application with the Department within 14 days of the infuser
26organization being licensed by the Department or within 14

 

 

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1days of Department notice of approval as a new principal
2officer.
3    (f) A principal officer may not allow his or her
4registration to expire.
5    (g) An infuser organization separating with a principal
6officer must do so under this Act. The principal officer must
7communicate the separation to the Department within 5 business
8days.
9    (h) A principal officer not in compliance with the
10requirements of this Act shall be removed from his or her
11position with the infuser organization or shall otherwise
12terminate his or her affiliation. Failure to do so may subject
13the infuser organization to discipline, suspension, or
14revocation of its license by the Department.
15    (i) It is the responsibility of the infuser organization
16and its principal officers to promptly notify the Department
17of any change of the principal place of business address,
18hours of operation, change in ownership or control, or a
19change of the infuser organization's primary or secondary
20contact information. Any changes must be made to the
21Department in writing.
 
22    (410 ILCS 705/40-30)
23    Sec. 40-30. Transporting 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 transporting
15    organization where the 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
8    letters that is unique to the holder;
9        (4) a photograph of the cardholder; and
10        (5) the legal name of the transporting organization
11    employing the agent.
12    (d) An agent identification card shall be immediately
13returned to the transporting 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
18the loss.
19    (f) An application for an agent identification card shall
20be denied if the applicant is delinquent in filing any
21required tax returns or paying any amounts owed to the State of
22Illinois.
23    (g) An agent applicant may begin employment at a
24transporting organization while the agent applicant's
25identification card application is pending. Upon approval, the
26Department shall issue the agent's identification card to the

 

 

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1agent. If denied, the transporting organization and the agent
2applicant shall be notified and the agent applicant must cease
3all activity at the transporting organization immediately.
4(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
5    (410 ILCS 705/40-45 new)
6    Sec. 40-45. Disclosure of ownership and control.
7    (a) Each transporting organization applicant and licensee
8shall file and maintain a Table of Organization, Ownership,
9and Control with the Department. The Table of Organization,
10Ownership, and Control shall contain the information required
11by this Section in sufficient detail to identify all owners,
12directors, and principal officers, and the title of each
13principal officer or business entity that, through direct or
14indirect means, manages, owns, or controls the applicant or
15licensee.
16    (b) The Table of Organization, Ownership, and Control
17shall identify the following information:
18        (1) The management structure, ownership, and control
19    of the applicant or license holder including the name of
20    each principal officer or business entity, the office or
21    position held, and the percentage ownership interest, if
22    any. If the business entity has a parent company, the name
23    of each owner, board member, and officer of the parent
24    company and his or her percentage ownership interest in
25    the parent company and the transporting organization.

 

 

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1        (2) If the applicant or licensee is a business entity
2    with publicly traded stock, the identification of
3    ownership shall be provided as required in subsection (c).
4    (c) If a business entity identified in subsection (b) is a
5publicly traded company, the following information shall be
6provided in the Table of Organization, Ownership, and Control:
7        (1) The name and percentage of ownership interest of
8    each individual or business entity with ownership of more
9    than 5% of the voting shares of the entity, to the extent
10    such information is known or contained in 13D or 13G
11    Securities and Exchange Commission filings.
12        (2) To the extent known, the names and percentage of
13    interest of ownership of persons who are relatives of one
14    another and who together exercise control over or own more
15    than 10% of the voting shares of the entity.
16    (d) A transporting organization with a parent company or
17companies, or partially owned or controlled by another entity
18must disclose to the Department the relationship and all
19owners, board members, officers, or individuals with control
20or management of those entities. A transporting organization
21shall not shield its ownership or control from the Department.
22    (e) All principal officers must submit a complete online
23application with the Department within 14 days of the
24transporting organization being licensed by the Department or
25within 14 days of Department notice of approval as a new
26principal officer.

 

 

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1    (f) A principal officer may not allow his or her
2registration to expire.
3    (g) A transporting organization separating with a
4principal officer must do so under this Act. The principal
5officer must communicate the separation to the Department
6within 5 business days.
7    (h) A principal officer not in compliance with the
8requirements of this Act shall be removed from his or her
9position with the transporting organization or shall otherwise
10terminate his or her affiliation. Failure to do so may subject
11the transporting organization to discipline, suspension, or
12revocation of its license by the Department.
13    (i) It is the responsibility of the transporting
14organization and its principal officers to promptly notify the
15Department of any change of the principal place of business
16address, hours of operation, change in ownership or control,
17or a change of the transporting organization's primary or
18secondary contact information. Any changes must be made to the
19Department in writing.
 
20    (410 ILCS 705/55-21)
21    Sec. 55-21. Cannabis product packaging and labeling.
22    (a) Each cannabis product produced for sale shall be
23registered with the Department of Agriculture on forms
24provided by the Department of Agriculture. Each product
25registration shall include a label and the required

 

 

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1registration fee at the rate established by the Department of
2Agriculture for a comparable medical cannabis product, or as
3established by rule. The registration fee is for the name of
4the product offered for sale and one fee shall be sufficient
5for all package sizes.
6    (b) All harvested cannabis intended for distribution to a
7cannabis enterprise must be packaged in a sealed, labeled
8container.
9    (c) At point of sale, any Any product containing cannabis
10shall be packaged in a sealed or resealable, odor-proof, and
11child-resistant cannabis container consistent with current
12standards, including the Consumer Product Safety Commission
13standards referenced by the Poison Prevention Act.
14    (d) All cannabis-infused products shall be individually
15wrapped or packaged at the original point of preparation. The
16packaging of the cannabis-infused product shall conform to the
17labeling requirements of the Illinois Food, Drug and Cosmetic
18Act, in addition to the other requirements set forth in this
19Section.
20    (e) Each cannabis product shall be labeled before sale and
21each label shall be securely affixed to the package and shall
22state in legible English and any languages required by the
23Department of Agriculture:
24        (1) the name and post office box of the registered
25    cultivation center or craft grower where the item was
26    manufactured;

 

 

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1        (2) the common or usual name of the item and the
2    registered name of the cannabis product that was
3    registered with the Department of Agriculture under
4    subsection (a);
5        (3) a unique serial number that will match the product
6    with a cultivation center or craft grower batch and lot
7    number to facilitate any warnings or recalls the
8    Department of Agriculture, cultivation center, or craft
9    grower deems appropriate;
10        (4) the date of final testing and packaging, if
11    sampled, and the identification of the independent testing
12    laboratory;
13        (5) the date of harvest and "use by" date;
14        (6) the quantity (in ounces or grams) of cannabis
15    contained in the product;
16        (7) a pass/fail rating based on the laboratory's
17    microbiological, mycotoxins, and pesticide and solvent
18    residue analyses, if sampled;
19        (8) content list.
20            (A) A list of the following, including the minimum
21        and maximum percentage content by weight for
22        subdivisions (e)(8)(A)(i) through (iv):
23                (i) delta-9-tetrahydrocannabinol (THC);
24                (ii) tetrahydrocannabinolic acid (THCA);
25                (iii) cannabidiol (CBD);
26                (iv) cannabidiolic acid (CBDA); and

 

 

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1                (v) all other ingredients of the item,
2            including any colors, artificial flavors, and
3            preservatives, listed in descending order by
4            predominance of weight shown with common or usual
5            names.
6            (B) The acceptable tolerances for the minimum
7        percentage printed on the label for any of
8        subdivisions (e)(8)(A)(i) through (iv) shall not be
9        below 85% or above 115% of the labeled amount.
10    (f) Packaging must not contain information that:
11        (1) is false or misleading;
12        (2) promotes excessive consumption;
13        (3) depicts a person under 21 years of age consuming
14    cannabis;
15        (4) includes the image of a cannabis leaf;
16        (5) includes any image designed or likely to appeal to
17    minors, including cartoons, toys, animals, or children, or
18    any other likeness to images, characters, or phrases that
19    are popularly used to advertise to children, or any
20    packaging or labeling that bears reasonable resemblance to
21    any product available for consumption as a commercially
22    available candy, or that promotes consumption of cannabis;
23        (6) contains any seal, flag, crest, coat of arms, or
24    other insignia likely to mislead the purchaser to believe
25    that the product has been endorsed, made, or used by the
26    State of Illinois or any of its representatives except

 

 

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1    where authorized by this Act.
2    (g) Cannabis products produced by concentrating or
3extracting ingredients from the cannabis plant shall contain
4the following information, where applicable:
5        (1) If solvents were used to create the concentrate or
6    extract, a statement that discloses the type of extraction
7    method, including any solvents or gases used to create the
8    concentrate or extract; and
9        (2) Any other chemicals or compounds used to produce
10    or were added to the concentrate or extract.
11    (h) All cannabis products must contain warning statements
12established for purchasers, of a size that is legible and
13readily visible to a consumer inspecting a package, which may
14not be covered or obscured in any way. The Department of Public
15Health shall define and update appropriate health warnings for
16packages including specific labeling or warning requirements
17for specific cannabis products.
18    (i) Unless modified by rule to strengthen or respond to
19new evidence and science, the following warnings shall apply
20to all cannabis products unless modified by rule: "This
21product contains cannabis and is intended for use by adults 21
22and over. Its use can impair cognition and may be habit
23forming. This product should not be used by pregnant or
24breastfeeding women. It is unlawful to sell or provide this
25item to any individual, and it may not be transported outside
26the State of Illinois. It is illegal to operate a motor vehicle

 

 

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1while under the influence of cannabis. Possession or use of
2this product may carry significant legal penalties in some
3jurisdictions and under federal law.".
4    (j) Warnings for each of the following product types must
5be present on labels when offered for sale to a purchaser:
6        (1) Cannabis that may be smoked must contain a
7    statement that "Smoking is hazardous to your health.".
8        (2) Cannabis-infused products (other than those
9    intended for topical application) must contain a statement
10    "CAUTION: This product contains cannabis, and intoxication
11    following use may be delayed 2 or more hours. This product
12    was produced in a facility that cultivates cannabis, and
13    that may also process common food allergens.".
14        (3) Cannabis-infused products intended for topical
15    application must contain a statement "DO NOT EAT" in bold,
16    capital letters.
17    (k) Each cannabis-infused product intended for consumption
18must be individually packaged, must include the total
19milligram content of THC and CBD, and may not include more than
20a total of 100 milligrams of THC per package. A package may
21contain multiple servings of 10 milligrams of THC, indicated
22by scoring, wrapping, or by other indicators designating
23individual serving sizes. The Department of Agriculture may
24change the total amount of THC allowed for each package, or the
25total amount of THC allowed for each serving size, by rule.
26    (l) No individual other than the purchaser may alter or

 

 

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1destroy any labeling affixed to the primary packaging of
2cannabis or cannabis-infused products.
3    (m) For each commercial weighing and measuring device used
4at a facility, the cultivation center or craft grower must:
5        (1) Ensure that the commercial device is licensed
6    under the Weights and Measures Act and the associated
7    administrative rules (8 Ill. Adm. Code 600);
8        (2) Maintain documentation of the licensure of the
9    commercial device; and
10        (3) Provide a copy of the license of the commercial
11    device to the Department of Agriculture for review upon
12    request.
13    (n) It is the responsibility of the Department to ensure
14that packaging and labeling requirements, including product
15warnings, are enforced at all times for products provided to
16purchasers. Product registration requirements and container
17requirements may be modified by rule by the Department of
18Agriculture.
19    (o) Labeling, including warning labels, may be modified by
20rule by the Department of Agriculture.
21(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
22    (410 ILCS 705/55-30)
23    Sec. 55-30. Confidentiality.
24    (a) Information provided by the cannabis business
25establishment licensees or applicants to the Department of

 

 

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1Agriculture, the Department of Public Health, the Department
2of Financial and Professional Regulation, the Department of
3Commerce and Economic Opportunity, or other agency shall be
4limited to information necessary for the purposes of
5administering this Act. The information is subject to the
6provisions and limitations contained in the Freedom of
7Information Act and may be disclosed in accordance with
8Section 55-65.
9    (b) The following information received and records kept by
10the Department of Agriculture, the Department of Public
11Health, the Department of State Police, and the Department of
12Financial and Professional Regulation for purposes of
13administering this Article are subject to all applicable
14federal privacy laws, are confidential and exempt from
15disclosure under the Freedom of Information Act, except as
16provided in this Act, and not subject to disclosure to any
17individual or public or private entity, except to the
18Department of Financial and Professional Regulation, the
19Department of Agriculture, the Department of Public Health,
20and the Department of State Police as necessary to perform
21official duties under this Article and to the Attorney General
22as necessary to enforce the provisions of this Act. The
23following information received and kept by the Department of
24Financial and Professional Regulation or the Department of
25Agriculture may be disclosed to the Department of Public
26Health, the Department of Agriculture, the Department of

 

 

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1Revenue, the Department of State Police, or the Attorney
2General upon proper request:
3        (1) Applications and renewals, their contents, and
4    supporting information submitted by or on behalf of
5    dispensing organizations, cannabis business
6    establishments, or Community College Cannabis Vocational
7    Program licensees, in compliance with this Article,
8    including their physical addresses; however, this does not
9    preclude the release of ownership information about
10    cannabis business establishment licenses, or information
11    submitted with an application required to be disclosed
12    pursuant to subsection (f);
13        (2) Any plans, procedures, policies, or other records
14    relating to cannabis business establishment dispensing
15    organization security; and
16        (3) Information otherwise exempt from disclosure by
17    State or federal law.
18    Illinois or national criminal history record information,
19or the nonexistence or lack of such information, may not be
20disclosed by the Department of Financial and Professional
21Regulation or the Department of Agriculture, except as
22necessary to the Attorney General to enforce this Act.
23    (c) The name and address of a dispensing organization
24licensed under this Act shall be subject to disclosure under
25the Freedom of Information Act. The name and cannabis business
26establishment address of the person or entity holding each

 

 

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1cannabis business establishment license shall be subject to
2disclosure.
3    (d) All information collected by the Department of
4Financial and Professional Regulation or the Department of
5Agriculture in the course of an examination, inspection, or
6investigation of a licensee or applicant, including, but not
7limited to, any complaint against a licensee or applicant
8filed with the Department of Financial and Professional
9Regulation or the Department of Agriculture and information
10collected to investigate any such complaint, shall be
11maintained for the confidential use of the Department of
12Financial and Professional Regulation or the Department of
13Agriculture and shall not be disclosed, except as otherwise
14provided in this Act. A formal complaint against a licensee by
15the Department of Financial and Professional Regulation or the
16Department of Agriculture or any disciplinary order issued by
17the Department of Financial and Professional Regulation or the
18Department of Agriculture against a licensee or applicant
19shall be a public record, except as otherwise provided by law.
20Complaints from consumers or members of the general public
21received regarding a specific, named licensee or complaints
22regarding conduct by unlicensed entities shall be subject to
23disclosure under the Freedom of Information Act.
24    (e) The Department of Agriculture, the Department of State
25Police, and the Department of Financial and Professional
26Regulation shall not share or disclose any Illinois or

 

 

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1national criminal history record information, or the
2nonexistence or lack of such information, to any person or
3entity not expressly authorized by this Act.
4    (f) Each Department responsible for licensure under this
5Act shall publish on the Department's website a list of the
6ownership information of cannabis business establishment
7licensees under the Department's jurisdiction. The list shall
8include, but is not limited to: the name of the person or
9entity holding each cannabis business establishment license;
10and the address at which the entity is operating under this
11Act. This list shall be published and updated monthly.
12(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
13    Section 15. The Illinois Vehicle Code is amended by
14changing Sections 11-502.1 and 11-502.15 as follows:
 
15    (625 ILCS 5/11-502.1)
16    Sec. 11-502.1. Possession of medical cannabis in a motor
17vehicle.
18    (a) No driver, who is a medical cannabis cardholder, may
19use medical cannabis within the passenger area of any motor
20vehicle upon a highway in this State.
21    (b) No driver, who is a medical cannabis cardholder, a
22medical cannabis designated caregiver, medical cannabis
23cultivation center agent, or dispensing organization agent may
24possess medical cannabis within any area of any motor vehicle

 

 

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

 

 

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1    (a) No driver may use cannabis within the passenger area
2of any motor vehicle upon a highway in this State.
3    (b) No driver may possess cannabis within any area of any
4motor vehicle upon a highway in this State except in a secured,
5sealed or resealable, odor-proof, child-resistant cannabis
6container that is inaccessible.
7    (c) No passenger may possess cannabis within any passenger
8area of any motor vehicle upon a highway in this State except
9in a secured, sealed or resealable, odor-proof,
10child-resistant cannabis container that is inaccessible.
11    (d) Any person who knowingly violates subsection (a), (b),
12or (c) of this Section commits a Class A misdemeanor.
13(Source: P.A. 101-27, eff. 6-25-19.)
 
14    Section 97. Severability. The provisions of this Act are
15severable under Section 1.31 of the Statute on Statutes.
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.".