Sen. Kimberly A. Lightford

Filed: 5/26/2024

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2911

2    AMENDMENT NO. ______. Amend House Bill 2911, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Department of Professional Regulation Law
6of the Civil Administrative Code of Illinois is amended by
7changing Section 2105-117 as follows:
 
8    (20 ILCS 2105/2105-117)
9    Sec. 2105-117. Confidentiality. All information collected
10by the Department in the course of an examination or
11investigation of a licensee, registrant, or applicant,
12including, but not limited to, any complaint against a
13licensee or registrant filed with the Department and
14information collected to investigate any such complaint, shall
15be maintained for the confidential use of the Department and
16shall not be disclosed. The Department may not disclose the

 

 

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1information to anyone other than law enforcement officials,
2other regulatory agencies that have an appropriate regulatory
3interest as determined by the Director, the Office of
4Executive Inspector General, or a party presenting a lawful
5subpoena to the Department. Information and documents
6disclosed to a federal, State, county, or local law
7enforcement agency, including the Executive Inspector General,
8shall not be disclosed by the agency for any purpose to any
9other agency or person, except as necessary to those involved
10in enforcing the State Officials and Employees Ethics Act. A
11formal complaint filed against a licensee or registrant by the
12Department or any order issued by the Department against a
13licensee, registrant, or applicant shall be a public record,
14except as otherwise prohibited by law.
15(Source: P.A. 99-227, eff. 8-3-15.)
 
16    Section 10. The Retailers' Occupation Tax Act is amended
17by changing Section 11 as follows:
 
18    (35 ILCS 120/11)  (from Ch. 120, par. 450)
19    Sec. 11. All information received by the Department from
20returns filed under this Act, or from any investigation
21conducted under this Act, shall be confidential, except for
22official purposes, and any person, including a third party as
23defined in the Local Government Revenue Recapture Act, who
24divulges any such information in any manner, except in

 

 

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1accordance with a proper judicial order or as otherwise
2provided by law, including the Local Government Revenue
3Recapture Act, shall be guilty of a Class B misdemeanor with a
4fine not to exceed $7,500.
5    Nothing in this Act prevents the Director of Revenue from
6publishing or making available to the public the names and
7addresses of persons filing returns under this Act, or
8reasonable statistics concerning the operation of the tax by
9grouping the contents of returns so the information in any
10individual return is not disclosed.
11    Nothing in this Act prevents the Director of Revenue from
12divulging to the United States Government or the government of
13any other state, or any officer or agency thereof, for
14exclusively official purposes, information received by the
15Department in administering this Act, provided that such other
16governmental agency agrees to divulge requested tax
17information to the Department.
18    The Department's furnishing of information derived from a
19taxpayer's return or from an investigation conducted under
20this Act to the surety on a taxpayer's bond that has been
21furnished to the Department under this Act, either to provide
22notice to such surety of its potential liability under the
23bond or, in order to support the Department's demand for
24payment from such surety under the bond, is an official
25purpose within the meaning of this Section.
26    The furnishing upon request of information obtained by the

 

 

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1Department from returns filed under this Act or investigations
2conducted under this Act to the Illinois Liquor Control
3Commission for official use is deemed to be an official
4purpose within the meaning of this Section.
5    Notice to a surety of potential liability shall not be
6given unless the taxpayer has first been notified, not less
7than 10 days prior thereto, of the Department's intent to so
8notify the surety.
9    The furnishing upon request of the Auditor General, or his
10authorized agents, for official use, of returns filed and
11information related thereto under this Act is deemed to be an
12official purpose within the meaning of this Section.
13    Where an appeal or a protest has been filed on behalf of a
14taxpayer, the furnishing upon request of the attorney for the
15taxpayer of returns filed by the taxpayer and information
16related thereto under this Act is deemed to be an official
17purpose within the meaning of this Section.
18    The furnishing of financial information to a municipality
19or county, upon request of the chief executive officer
20thereof, is an official purpose within the meaning of this
21Section, provided the municipality or county agrees in writing
22to the requirements of this Section. Information provided to
23municipalities and counties under this paragraph shall be
24limited to: (1) the business name; (2) the business address;
25(3) the standard classification number assigned to the
26business; (4) net revenue distributed to the requesting

 

 

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1municipality or county that is directly related to the
2requesting municipality's or county's local share of the
3proceeds under the Use Tax Act, the Service Use Tax Act, the
4Service Occupation Tax Act, and the Retailers' Occupation Tax
5Act distributed from the Local Government Tax Fund, and, if
6applicable, any locally imposed retailers' occupation tax or
7service occupation tax; and (5) a listing of all businesses
8within the requesting municipality or county by account
9identification number and address. On and after July 1, 2015,
10the furnishing of financial information to municipalities and
11counties under this paragraph may be by electronic means. If
12the Department may furnish financial information to a
13municipality or county under this paragraph, then the chief
14executive officer of the municipality or county may, in turn,
15provide that financial information to a third party pursuant
16to the Local Government Revenue Recapture Act. However, the
17third party shall agree in writing to the requirements of this
18Section and meet the requirements of the Local Government
19Revenue Recapture Act.
20    Information so provided shall be subject to all
21confidentiality provisions of this Section. The written
22agreement shall provide for reciprocity, limitations on
23access, disclosure, and procedures for requesting information.
24For the purposes of furnishing financial information to a
25municipality or county under this Section, "chief executive
26officer" means the mayor of a city, the village board

 

 

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1president of a village, the mayor or president of an
2incorporated town, the county executive of a county that has
3adopted the county executive form of government, the president
4of the board of commissioners of Cook County, or the
5chairperson of the county board or board of county
6commissioners of any other county.
7    The Department may make available to the Board of Trustees
8of any Metro East Mass Transit District information contained
9on transaction reporting returns required to be filed under
10Section 3 of this Act that report sales made within the
11boundary of the taxing authority of that Metro East Mass
12Transit District, as provided in Section 5.01 of the Local
13Mass Transit District Act. The disclosure shall be made
14pursuant to a written agreement between the Department and the
15Board of Trustees of a Metro East Mass Transit District, which
16is an official purpose within the meaning of this Section. The
17written agreement between the Department and the Board of
18Trustees of a Metro East Mass Transit District shall provide
19for reciprocity, limitations on access, disclosure, and
20procedures for requesting information. Information so provided
21shall be subject to all confidentiality provisions of this
22Section.
23    The Director may make available to any State agency,
24including the Illinois Supreme Court, which licenses persons
25to engage in any occupation, information that a person
26licensed by such agency has failed to file returns under this

 

 

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1Act or pay the tax, penalty and interest shown therein, or has
2failed to pay any final assessment of tax, penalty or interest
3due under this Act. The Director may make available to any
4State agency, including the Illinois Supreme Court,
5information regarding whether a bidder, contractor, or an
6affiliate of a bidder or contractor has failed to collect and
7remit Illinois Use tax on sales into Illinois, or any tax under
8this Act or pay the tax, penalty, and interest shown therein,
9or has failed to pay any final assessment of tax, penalty, or
10interest due under this Act, for the limited purpose of
11enforcing bidder and contractor certifications. The Director
12may make available to units of local government and school
13districts that require bidder and contractor certifications,
14as set forth in Sections 50-11 and 50-12 of the Illinois
15Procurement Code, information regarding whether a bidder,
16contractor, or an affiliate of a bidder or contractor has
17failed to collect and remit Illinois Use tax on sales into
18Illinois, file returns under this Act, or pay the tax,
19penalty, and interest shown therein, or has failed to pay any
20final assessment of tax, penalty, or interest due under this
21Act, for the limited purpose of enforcing bidder and
22contractor certifications. For purposes of this Section, the
23term "affiliate" means any entity that (1) directly,
24indirectly, or constructively controls another entity, (2) is
25directly, indirectly, or constructively controlled by another
26entity, or (3) is subject to the control of a common entity.

 

 

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1For purposes of this Section, an entity controls another
2entity if it owns, directly or individually, more than 10% of
3the voting securities of that entity. As used in this Section,
4the term "voting security" means a security that (1) confers
5upon the holder the right to vote for the election of members
6of the board of directors or similar governing body of the
7business or (2) is convertible into, or entitles the holder to
8receive upon its exercise, a security that confers such a
9right to vote. A general partnership interest is a voting
10security.
11    The Director may make available to any State agency,
12including the Illinois Supreme Court, units of local
13government, and school districts, information regarding
14whether a bidder or contractor is an affiliate of a person who
15is not collecting and remitting Illinois Use taxes for the
16limited purpose of enforcing bidder and contractor
17certifications.
18    The Director may also make available to the Secretary of
19State information that a limited liability company, which has
20filed articles of organization with the Secretary of State, or
21corporation which has been issued a certificate of
22incorporation by the Secretary of State has failed to file
23returns under this Act or pay the tax, penalty and interest
24shown therein, or has failed to pay any final assessment of
25tax, penalty or interest due under this Act. An assessment is
26final when all proceedings in court for review of such

 

 

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1assessment have terminated or the time for the taking thereof
2has expired without such proceedings being instituted.
3    It is an official purpose within the meaning of this
4Section for the Department to publicly report the aggregate
5amount of tax revenues from a given tax return type that the
6Department allocates from a State fund or State trust fund to
7each unit of local government, such as the amount of the
8monthly allocation to each unit of local government of
9Municipal Cannabis Retailers' Occupation Tax, County Cannabis
10Retailers' Occupation Tax, or Business District Retailers'
11Occupation Tax, notwithstanding that some units of local
12government may have as few as one retailer reporting revenues
13for a given tax return type in any given reporting period.
14    The Director shall make available for public inspection in
15the Department's principal office and for publication, at
16cost, administrative decisions issued on or after January 1,
171995. These decisions are to be made available in a manner so
18that the following taxpayer information is not disclosed:
19        (1) The names, addresses, and identification numbers
20    of the taxpayer, related entities, and employees.
21        (2) At the sole discretion of the Director, trade
22    secrets or other confidential information identified as
23    such by the taxpayer, no later than 30 days after receipt
24    of an administrative decision, by such means as the
25    Department shall provide by rule.
26    The Director shall determine the appropriate extent of the

 

 

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1deletions allowed in paragraph (2). In the event the taxpayer
2does not submit deletions, the Director shall make only the
3deletions specified in paragraph (1).
4    The Director shall make available for public inspection
5and publication an administrative decision within 180 days
6after the issuance of the administrative decision. The term
7"administrative decision" has the same meaning as defined in
8Section 3-101 of Article III of the Code of Civil Procedure.
9Costs collected under this Section shall be paid into the Tax
10Compliance and Administration Fund.
11    Nothing contained in this Act shall prevent the Director
12from divulging information to any person pursuant to a request
13or authorization made by the taxpayer or by an authorized
14representative of the taxpayer.
15    The furnishing of information obtained by the Department
16from returns filed under Public Act 101-10 to the Department
17of Transportation for purposes of compliance with Public Act
18101-10 regarding aviation fuel is deemed to be an official
19purpose within the meaning of this Section.
20    The Director may make information available to the
21Secretary of State for the purpose of administering Section
225-901 of the Illinois Vehicle Code.
23(Source: P.A. 101-10, eff. 6-5-19; 101-628, eff. 6-1-20;
24102-558, eff. 8-20-21; 102-941, eff. 7-1-22.)
 
25    Section 15. The Compassionate Use of Medical Cannabis

 

 

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1Program Act is amended by changing Sections 10, 25, 30, 35, 57,
270, 85, 100, 105, 115, 115.5, 120, 130, 145, 150, 165, and 210
3as follows:
 
4    (410 ILCS 130/10)
5    Sec. 10. Definitions. The following terms, as used in this
6Act, shall have the meanings set forth in this Section:
7    (a) "Adequate medical supply" means:
8        (1) 2.5 ounces of usable cannabis during a period of
9    14 days and that is derived solely from an intrastate
10    source.
11        (2) Subject to the rules of the Department of Public
12    Health, a patient may apply for a waiver where a
13    certifying health care professional provides a substantial
14    medical basis in a signed, written statement asserting
15    that, based on the patient's medical history, in the
16    certifying health care professional's professional
17    judgment, 2.5 ounces is an insufficient adequate medical
18    supply for a 14-day period to properly alleviate the
19    patient's debilitating medical condition or symptoms
20    associated with the debilitating medical condition.
21        (3) This subsection may not be construed to authorize
22    the possession of more than 2.5 ounces at any time without
23    authority from the Department of Public Health.
24        (4) The pre-mixed weight of medical cannabis used in
25    making a cannabis infused product shall apply toward the

 

 

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1    limit on the total amount of medical cannabis a registered
2    qualifying patient may possess at any one time.
3    (a-5) "Advanced practice registered nurse" means a person
4who is licensed under the Nurse Practice Act as an advanced
5practice registered nurse and has a controlled substances
6license under Article III of the Illinois Controlled
7Substances Act.
8    (b) "Cannabis" has the meaning given that term in Section
93 of the Cannabis Control Act.
10    (c) "Cannabis plant monitoring system" means a system that
11includes, but is not limited to, testing and data collection
12established and maintained by the registered cultivation
13center and available to the Department for the purposes of
14documenting each cannabis plant and for monitoring plant
15development throughout the life cycle of a cannabis plant
16cultivated for the intended use by a qualifying patient from
17seed planting to final packaging.
18    (d) "Cardholder" means a qualifying patient, provisional
19patient, or a designated caregiver who has been issued and
20possesses a valid registry identification card by the
21Department of Public Health.
22    (d-5) "Certifying health care professional" means a
23physician, an advanced practice registered nurse, or a
24physician assistant.
25    (e) "Cultivation center" means a facility operated by an
26organization or business that is registered by the Department

 

 

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1of Agriculture to perform necessary activities to provide only
2registered medical cannabis dispensing organizations with
3usable medical cannabis.
4    (f) "Cultivation center agent" means a principal officer,
5board member, employee, or agent of a registered cultivation
6center who is 21 years of age or older and has not been
7convicted of an excluded offense.
8    (g) "Cultivation center agent identification card" means a
9document issued by the Department of Agriculture that
10identifies a person as a cultivation center agent.
11    (h) "Debilitating medical condition" means one or more of
12the following:
13        (1) cancer, glaucoma, positive status for human
14    immunodeficiency virus, acquired immune deficiency
15    syndrome, hepatitis C, amyotrophic lateral sclerosis,
16    Crohn's disease (including, but not limited to, ulcerative
17    colitis), agitation of Alzheimer's disease,
18    cachexia/wasting syndrome, muscular dystrophy, severe
19    fibromyalgia, spinal cord disease, including but not
20    limited to arachnoiditis, Tarlov cysts, hydromyelia,
21    syringomyelia, Rheumatoid arthritis, fibrous dysplasia,
22    spinal cord injury, traumatic brain injury and
23    post-concussion syndrome, Multiple Sclerosis,
24    Arnold-Chiari malformation and Syringomyelia,
25    Spinocerebellar Ataxia (SCA), Parkinson's, Tourette's,
26    Myoclonus, Dystonia, Reflex Sympathetic Dystrophy, RSD

 

 

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1    (Complex Regional Pain Syndromes Type I), Causalgia, CRPS
2    (Complex Regional Pain Syndromes Type II),
3    Neurofibromatosis, Chronic Inflammatory Demyelinating
4    Polyneuropathy, Sjogren's syndrome, Lupus, Interstitial
5    Cystitis, Myasthenia Gravis, Hydrocephalus, nail-patella
6    syndrome, residual limb pain, seizures (including those
7    characteristic of epilepsy), post-traumatic stress
8    disorder (PTSD), autism, chronic pain, irritable bowel
9    syndrome, migraines, osteoarthritis, anorexia nervosa,
10    Ehlers-Danlos Syndrome, Neuro-Behcet's Autoimmune
11    Disease, neuropathy, polycystic kidney disease, superior
12    canal dehiscence syndrome, or the treatment of these
13    conditions;
14        (1.5) terminal illness with a diagnosis of 6 months or
15    less; if the terminal illness is not one of the qualifying
16    debilitating medical conditions, then the certifying
17    health care professional shall on the certification form
18    identify the cause of the terminal illness; or
19        (2) any other debilitating medical condition or its
20    treatment that is added by the Department of Public Health
21    by rule as provided in Section 45.
22    (i) "Designated caregiver" means a person who: (1) is at
23least 21 years of age; (2) has agreed to assist with a
24patient's medical use of cannabis; and (3) has not been
25convicted of an excluded offense; and (4) assists no more than
26one registered qualifying patient with his or her medical use

 

 

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1of cannabis.
2    (j) "Dispensing organization agent identification card"
3means a document issued by the Department of Financial and
4Professional Regulation that identifies a person as a medical
5cannabis dispensing organization agent.
6    (k) "Enclosed, locked facility" means a room, greenhouse,
7building, or other enclosed area equipped with locks or other
8security devices that permit access only by a cultivation
9center's agents or a dispensing organization's agent working
10for the registered cultivation center or the registered
11dispensing organization to cultivate, store, and distribute
12cannabis for registered qualifying patients.
13    (l) (Blank). "Excluded offense" for cultivation center
14agents and dispensing organizations means:
15        (1) a violent crime defined in Section 3 of the Rights
16    of Crime Victims and Witnesses Act or a substantially
17    similar offense that was classified as a felony in the
18    jurisdiction where the person was convicted; or
19        (2) a violation of a state or federal controlled
20    substance law, the Cannabis Control Act, or the
21    Methamphetamine Control and Community Protection Act that
22    was classified as a felony in the jurisdiction where the
23    person was convicted, except that the registering
24    Department may waive this restriction if the person
25    demonstrates to the registering Department's satisfaction
26    that his or her conviction was for the possession,

 

 

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1    cultivation, transfer, or delivery of a reasonable amount
2    of cannabis intended for medical use. This exception does
3    not apply if the conviction was under state law and
4    involved a violation of an existing medical cannabis law.
5    For purposes of this subsection, the Department of Public
6Health shall determine by emergency rule within 30 days after
7the effective date of this amendatory Act of the 99th General
8Assembly what constitutes a "reasonable amount".
9    (l-5) (Blank).
10    (l-10) "Illinois Cannabis Tracking System" means a
11web-based system established and maintained by the Department
12of Public Health that is available to the Department of
13Agriculture, the Department of Financial and Professional
14Regulation, the Illinois State Police, and registered medical
15cannabis dispensing organizations on a 24-hour basis to upload
16written certifications for Opioid Alternative Pilot Program
17participants, to verify Opioid Alternative Pilot Program
18participants, to verify Opioid Alternative Pilot Program
19participants' available cannabis allotment and assigned
20dispensary, and the tracking of the date of sale, amount, and
21price of medical cannabis purchased by an Opioid Alternative
22Pilot Program participant.
23    (m) "Medical cannabis cultivation center registration"
24means a registration issued by the Department of Agriculture.
25    (n) "Medical cannabis container" means a sealed,
26traceable, food compliant, tamper resistant, tamper evident

 

 

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1container, or package used for the purpose of containment of
2medical cannabis from a cultivation center to a dispensing
3organization.
4    (o) "Medical cannabis dispensing organization", or
5"dispensing organization", or "dispensary organization" means
6a facility operated by an organization or business that is
7registered by the Department of Financial and Professional
8Regulation to acquire medical cannabis from a registered
9cultivation center for the purpose of dispensing cannabis,
10paraphernalia, or related supplies and educational materials
11to registered qualifying patients, individuals with a
12provisional registration for qualifying patient cardholder
13status, or an Opioid Alternative Pilot Program participant.
14    (p) "Medical cannabis dispensing organization agent" or
15"dispensing organization agent" means a principal officer,
16board member, employee, or agent of a registered medical
17cannabis dispensing organization who is 21 years of age or
18older and has not been convicted of an excluded offense.
19    (q) "Medical cannabis infused product" means food, oils,
20ointments, or other products containing usable cannabis that
21are not smoked.
22    (r) "Medical use" means the acquisition; administration;
23delivery; possession; transfer; transportation; or use of
24cannabis to treat or alleviate a registered qualifying
25patient's debilitating medical condition or symptoms
26associated with the patient's debilitating medical condition.

 

 

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1    (r-5) "Opioid" means a narcotic drug or substance that is
2a Schedule II controlled substance under paragraph (1), (2),
3(3), or (5) of subsection (b) or under subsection (c) of
4Section 206 of the Illinois Controlled Substances Act.
5    (r-10) "Opioid Alternative Pilot Program participant"
6means an individual who has received a valid written
7certification to participate in the Opioid Alternative Pilot
8Program for a medical condition for which an opioid has been or
9could be prescribed by a certifying health care professional
10based on generally accepted standards of care.
11    (s) "Physician" means a doctor of medicine or doctor of
12osteopathy licensed under the Medical Practice Act of 1987 to
13practice medicine and who has a controlled substances license
14under Article III of the Illinois Controlled Substances Act.
15It does not include a licensed practitioner under any other
16Act including but not limited to the Illinois Dental Practice
17Act.
18    (s-1) "Physician assistant" means a physician assistant
19licensed under the Physician Assistant Practice Act of 1987
20and who has a controlled substances license under Article III
21of the Illinois Controlled Substances Act.
22    (s-5) "Provisional registration" means a document issued
23by the Department of Public Health to a qualifying patient who
24has submitted: (1) an online application and paid a fee to
25participate in Compassionate Use of Medical Cannabis Program
26pending approval or denial of the patient's application; or

 

 

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1(2) a completed application for terminal illness.
2    (s-10) "Provisional patient" means a qualifying patient
3who has received a provisional registration from the
4Department of Public Health.
5    (t) "Qualifying patient" means a person who has been
6diagnosed by a certifying health care professional as having a
7debilitating medical condition.
8    (u) "Registered" means licensed, permitted, or otherwise
9certified by the Department of Agriculture, Department of
10Public Health, or Department of Financial and Professional
11Regulation.
12    (v) "Registry identification card" means a document issued
13by the Department of Public Health that identifies a person as
14a registered qualifying patient, provisional patient, or
15registered designated caregiver.
16    (w) "Usable cannabis" means the seeds, leaves, buds, and
17flowers of the cannabis plant and any mixture or preparation
18thereof, but does not include the stalks, and roots of the
19plant. It does not include the weight of any non-cannabis
20ingredients combined with cannabis, such as ingredients added
21to prepare a topical administration, food, or drink.
22    (x) "Verification system" means a Web-based system
23established and maintained by the Department of Public Health
24that is available to the Department of Agriculture, the
25Department of Financial and Professional Regulation, law
26enforcement personnel, and registered medical cannabis

 

 

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1dispensing organization agents on a 24-hour basis for the
2verification of registry identification cards, the tracking of
3delivery of medical cannabis to medical cannabis dispensing
4organizations, and the tracking of the date of sale, amount,
5and price of medical cannabis purchased by a registered
6qualifying patient.
7    (y) "Written certification" means a document dated and
8signed by a certifying health care professional, stating (1)
9that the qualifying patient has a debilitating medical
10condition and specifying the debilitating medical condition
11the qualifying patient has; and (2) that (A) the certifying
12health care professional is treating or managing treatment of
13the patient's debilitating medical condition; or (B) an Opioid
14Alternative Pilot Program participant has a medical condition
15for which opioids have been or could be prescribed. A written
16certification shall be made only in the course of a bona fide
17health care professional-patient relationship, after the
18certifying health care professional has completed an
19assessment of either a qualifying patient's medical history or
20Opioid Alternative Pilot Program participant, reviewed
21relevant records related to the patient's debilitating
22condition, and conducted a physical examination.
23    (z) "Bona fide health care professional-patient
24relationship" means a relationship established at a hospital,
25certifying health care professional's office, or other health
26care facility in which the certifying health care professional

 

 

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1has an ongoing responsibility for the assessment, care, and
2treatment of a patient's debilitating medical condition or a
3symptom of the patient's debilitating medical condition.
4    A veteran who has received treatment at a VA hospital
5shall be deemed to have a bona fide health care
6professional-patient relationship with a VA certifying health
7care professional if the patient has been seen for his or her
8debilitating medical condition at the VA Hospital in
9accordance with VA Hospital protocols.
10    A bona fide health care professional-patient relationship
11under this subsection is a privileged communication within the
12meaning of Section 8-802 of the Code of Civil Procedure.
13(Source: P.A. 100-1114, eff. 8-28-18; 101-363, eff. 8-9-19.)
 
14    (410 ILCS 130/25)
15    Sec. 25. Immunities and presumptions related to the
16medical use of cannabis.
17    (a) A registered qualifying patient is not subject to
18arrest, prosecution, or denial of any right or privilege,
19including, but not limited to, civil penalty or disciplinary
20action by an occupational or professional licensing board, for
21the medical use of cannabis in accordance with this Act, if the
22registered qualifying patient possesses an amount of cannabis
23that does not exceed an adequate medical supply as defined in
24subsection (a) of Section 10 of this Act of usable cannabis
25and, where the registered qualifying patient is a licensed

 

 

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1professional, the use of cannabis does not impair that
2licensed professional when he or she is engaged in the
3practice of the profession for which he or she is licensed.
4    (b) A registered designated caregiver is not subject to
5arrest, prosecution, or denial of any right or privilege,
6including, but not limited to, civil penalty or disciplinary
7action by an occupational or professional licensing board, for
8acting in accordance with this Act to assist a registered
9qualifying patient to whom he or she is connected through the
10Department's registration process with the medical use of
11cannabis if the designated caregiver possesses an amount of
12cannabis that does not exceed an adequate medical supply as
13defined in subsection (a) of Section 10 of this Act of usable
14cannabis. A school nurse or school administrator is not
15subject to arrest, prosecution, or denial of any right or
16privilege, including, but not limited to, a civil penalty, for
17acting in accordance with Section 22-33 of the School Code
18relating to administering or assisting a student in
19self-administering a medical cannabis infused product. The
20total amount possessed between the qualifying patient and
21caregiver shall not exceed the patient's adequate medical
22supply as defined in subsection (a) of Section 10 of this Act.
23    (c) A registered qualifying patient or registered
24designated caregiver is not subject to arrest, prosecution, or
25denial of any right or privilege, including, but not limited
26to, civil penalty or disciplinary action by an occupational or

 

 

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1professional licensing board for possession of cannabis that
2is incidental to medical use, but is not usable cannabis as
3defined in this Act.
4    (d)(1) There is a rebuttable presumption that a registered
5qualifying patient is engaged in, or a designated caregiver is
6assisting with, the medical use of cannabis in accordance with
7this Act if the qualifying patient or designated caregiver:
8        (A) is in possession of a valid registry
9    identification card; and
10        (B) is in possession of an amount of cannabis that
11    does not exceed the amount allowed under subsection (a) of
12    Section 10.
13    (2) The presumption may be rebutted by evidence that
14conduct related to cannabis was not for the purpose of
15treating or alleviating the qualifying patient's debilitating
16medical condition or symptoms associated with the debilitating
17medical condition in compliance with this Act.
18    (e) A certifying health care professional is not subject
19to arrest, prosecution, or penalty in any manner, or denial of
20any right or privilege, including, but not limited to, civil
21penalty or disciplinary action by the Medical Disciplinary
22Board or by any other occupational or professional licensing
23board, solely for providing written certifications or for
24otherwise stating that, in the certifying health care
25professional's professional opinion, a patient is likely to
26receive therapeutic or palliative benefit from the medical use

 

 

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1of cannabis to treat or alleviate the patient's debilitating
2medical condition or symptoms associated with the debilitating
3medical condition, provided that nothing shall prevent a
4professional licensing or disciplinary board from sanctioning
5a certifying health care professional for: (1) issuing a
6written certification to a patient who is not under the
7certifying health care professional's care for a debilitating
8medical condition; or (2) failing to properly evaluate a
9patient's medical condition or otherwise violating the
10standard of care for evaluating medical conditions.
11    (f) No person may be subject to arrest, prosecution, or
12denial of any right or privilege, including, but not limited
13to, civil penalty or disciplinary action by an occupational or
14professional licensing board, solely for: (1) selling cannabis
15paraphernalia to a cardholder upon presentation of an
16unexpired registry identification card in the recipient's
17name, if employed and registered as a dispensing agent by a
18registered dispensing organization; (2) being in the presence
19or vicinity of the medical use of cannabis as allowed under
20this Act; or (3) assisting a registered qualifying patient
21with the act of administering cannabis.
22    (g) A registered cultivation center is not subject to
23prosecution; search or inspection, except by the Department of
24Agriculture, Department of Public Health, or State or local
25law enforcement under Section 130; seizure; or penalty in any
26manner, or denial of any right or privilege, including, but

 

 

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1not limited to, civil penalty or disciplinary action by a
2business licensing board or entity, for acting under this Act
3and Department of Agriculture rules to: acquire, possess,
4cultivate, manufacture, deliver, transfer, transport, supply,
5or sell cannabis to registered dispensing organizations.
6    (h) A registered cultivation center agent is not subject
7to prosecution, search, or penalty in any manner, or denial of
8any right or privilege, including, but not limited to, civil
9penalty or disciplinary action by a business licensing board
10or entity, for working or volunteering for a registered
11cannabis cultivation center under this Act and Department of
12Agriculture rules, including to perform the actions listed
13under subsection (g).
14    (i) A registered dispensing organization is not subject to
15prosecution; search or inspection, except by the Department of
16Financial and Professional Regulation or State or local law
17enforcement pursuant to Section 130; seizure; or penalty in
18any manner, or denial of any right or privilege, including,
19but not limited to, civil penalty or disciplinary action by a
20business licensing board or entity, for acting under this Act
21and Department of Financial and Professional Regulation rules
22to: acquire, possess, or dispense cannabis, or related
23supplies, and educational materials to registered qualifying
24patients or registered designated caregivers on behalf of
25registered qualifying patients.
26    (j) A registered dispensing organization agent is not

 

 

10300HB2911sam004- 26 -LRB103 26014 RJT 74237 a

1subject to prosecution, search, or penalty in any manner, or
2denial of any right or privilege, including, but not limited
3to, civil penalty or disciplinary action by a business
4licensing board or entity, for working or volunteering for a
5dispensing organization under this Act and Department of
6Financial and Professional Regulation rules, including to
7perform the actions listed under subsection (i).
8    (k) Any cannabis, cannabis paraphernalia, illegal
9property, or interest in legal property that is possessed,
10owned, or used in connection with the medical use of cannabis
11as allowed under this Act, or acts incidental to that use, may
12not be seized or forfeited. This Act does not prevent the
13seizure or forfeiture of cannabis exceeding the amounts
14allowed under this Act, nor shall it prevent seizure or
15forfeiture if the basis for the action is unrelated to the
16cannabis that is possessed, manufactured, transferred, or used
17under this Act.
18    (l) Mere possession of, or application for, a registry
19identification card or registration certificate does not
20constitute probable cause or reasonable suspicion, nor shall
21it be used as the sole basis to support the search of the
22person, property, or home of the person possessing or applying
23for the registry identification card. The possession of, or
24application for, a registry identification card does not
25preclude the existence of probable cause if probable cause
26exists on other grounds.

 

 

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1    (m) Nothing in this Act shall preclude local or State law
2enforcement agencies from searching a registered cultivation
3center where there is probable cause to believe that the
4criminal laws of this State have been violated and the search
5is conducted in conformity with the Illinois Constitution, the
6Constitution of the United States, and all State statutes.
7    (n) Nothing in this Act shall preclude local or State law
8enforcement agencies from searching a registered dispensing
9organization where there is probable cause to believe that the
10criminal laws of this State have been violated and the search
11is conducted in conformity with the Illinois Constitution, the
12Constitution of the United States, and all State statutes.
13    (o) No individual employed by the State of Illinois shall
14be subject to criminal or civil penalties for taking any
15action in accordance with the provisions of this Act, when the
16actions are within the scope of his or her employment.
17Representation and indemnification of State employees shall be
18provided to State employees as set forth in Section 2 of the
19State Employee Indemnification Act.
20    (p) No law enforcement or correctional agency, nor any
21individual employed by a law enforcement or correctional
22agency, shall be subject to criminal or civil liability,
23except for willful and wanton misconduct, as a result of
24taking any action within the scope of the official duties of
25the agency or individual to prohibit or prevent the possession
26or use of cannabis by a cardholder incarcerated at a

 

 

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1correctional facility, jail, or municipal lockup facility, on
2parole or mandatory supervised release, or otherwise under the
3lawful jurisdiction of the agency or individual.
4(Source: P.A. 101-363, eff. 8-19-19; 101-370, eff. 1-1-20;
5102-558, eff. 8-20-21.)
 
6    (410 ILCS 130/30)
7    Sec. 30. Limitations and penalties.
8    (a) This Act does not permit any person to engage in, and
9does not prevent the imposition of any civil, criminal, or
10other penalties for engaging in, the following conduct:
11        (1) Undertaking any task under the influence of
12    cannabis, when doing so would constitute negligence,
13    professional malpractice, or professional misconduct;
14        (2) Possessing cannabis:
15            (A) except as provided under Section 22-33 of the
16        School Code, in a school bus;
17            (B) except as provided under Section 22-33 of the
18        School Code, on the grounds of any preschool or
19        primary or secondary school;
20            (C) in any correctional facility;
21            (D) in a vehicle under Section 11-502.1 of the
22        Illinois Vehicle Code;
23            (E) in a vehicle not open to the public unless the
24        medical cannabis is in a reasonably secured, sealed
25        container and reasonably inaccessible while the

 

 

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1        vehicle is moving; or
2            (F) in a private residence that is used at any time
3        to provide licensed child care or other similar social
4        service care on the premises;
5        (3) Using cannabis:
6            (A) except as provided under Section 22-33 of the
7        School Code, in a school bus;
8            (B) except as provided under Section 22-33 of the
9        School Code, on the grounds of any preschool or
10        primary or secondary school;
11            (C) in any correctional facility;
12            (D) in any motor vehicle;
13            (E) in a private residence that is used at any time
14        to provide licensed child care or other similar social
15        service care on the premises;
16            (F) except as provided under Section 22-33 of the
17        School Code and Section 31 of this Act, in any public
18        place. "Public place" as used in this subsection means
19        any place where an individual could reasonably be
20        expected to be observed by others. A "public place"
21        includes all parts of buildings owned in whole or in
22        part, or leased, by the State or a local unit of
23        government. A "public place" does not include a
24        private residence unless the private residence is used
25        to provide licensed child care, foster care, or other
26        similar social service care on the premises. For

 

 

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1        purposes of this subsection, a "public place" does not
2        include a health care facility. For purposes of this
3        Section, a "health care facility" includes, but is not
4        limited to, hospitals, nursing homes, hospice care
5        centers, and long-term care facilities;
6            (G) except as provided under Section 22-33 of the
7        School Code and Section 31 of this Act, knowingly in
8        close physical proximity to anyone under the age of 18
9        years of age;
10        (4) Smoking medical cannabis in any public place where
11    an individual could reasonably be expected to be observed
12    by others, in a health care facility, or any other place
13    where smoking is prohibited under the Smoke Free Illinois
14    Act;
15        (5) Operating, navigating, or being in actual physical
16    control of any motor vehicle, aircraft, or motorboat while
17    using or under the influence of cannabis in violation of
18    Sections 11-501 and 11-502.1 of the Illinois Vehicle Code;
19        (6) Using or possessing cannabis if that person does
20    not have a debilitating medical condition and is not a
21    registered qualifying patient or caregiver;
22        (7) Allowing any person who is not allowed to use
23    cannabis under this Act to use cannabis that a cardholder
24    is allowed to possess under this Act;
25        (8) Transferring cannabis to any person contrary to
26    the provisions of this Act;

 

 

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1        (9) The use of medical cannabis by an active duty law
2    enforcement officer, correctional officer, correctional
3    probation officer, or firefighter; or
4        (10) The use of medical cannabis by a person who has a
5    school bus permit or a Commercial Driver's License.
6    (b) Nothing in this Act shall be construed to prevent the
7arrest or prosecution of a registered qualifying patient for
8reckless driving or driving under the influence of cannabis
9where probable cause exists.
10    (c) Notwithstanding any other criminal penalties related
11to the unlawful possession of cannabis, knowingly making a
12misrepresentation to a law enforcement official of any fact or
13circumstance relating to the medical use of cannabis to avoid
14arrest or prosecution is a petty offense punishable by a fine
15of up to $1,000, which shall be in addition to any other
16penalties that may apply for making a false statement or for
17the use of cannabis other than use undertaken under this Act.
18    (d) Notwithstanding any other criminal penalties related
19to the unlawful possession of cannabis, any person who makes a
20misrepresentation of a medical condition to a certifying
21health care professional or fraudulently provides material
22misinformation to a certifying health care professional in
23order to obtain a written certification is guilty of a petty
24offense punishable by a fine of up to $1,000.
25    (e) Any cardholder, designated or registered caregiver, or
26provisional patient who sells cannabis shall have his or her

 

 

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1registry identification card revoked and is subject to other
2penalties for the unauthorized sale of cannabis.
3    (f) Any registered qualifying patient or provisional
4patient who commits a violation of Section 11-502.1 of the
5Illinois Vehicle Code or refuses a properly requested test
6related to operating a motor vehicle while under the influence
7of cannabis shall have his or her registry identification card
8revoked.
9    (g) No registered qualifying patient, provisional patient,
10or designated caregiver shall knowingly obtain, seek to
11obtain, or possess, individually or collectively, an amount of
12usable cannabis from a registered medical cannabis dispensing
13organization that would cause him or her to exceed the
14authorized adequate medical supply under subsection (a) of
15Section 10.
16    (h) Nothing in this Act shall prevent a private business
17from restricting or prohibiting the medical use of cannabis on
18its property.
19    (i) Nothing in this Act shall prevent a university,
20college, or other institution of post-secondary education from
21restricting or prohibiting the use of medical cannabis on its
22property.
23(Source: P.A. 101-363, eff. 8-9-19; 102-67, eff. 7-9-21.)
 
24    (410 ILCS 130/35)
25    Sec. 35. Certifying health care professional requirements.

 

 

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1    (a) A certifying health care professional who certifies a
2debilitating medical condition for a qualifying patient shall
3comply with all of the following requirements:
4        (1) The certifying health care professional shall be
5    currently licensed under the Medical Practice Act of 1987
6    to practice medicine in all its branches, the Nurse
7    Practice Act, or the Physician Assistant Practice Act of
8    1987, shall be in good standing, and must hold a
9    controlled substances license under Article III of the
10    Illinois Controlled Substances Act.
11        (2) A certifying health care professional certifying a
12    patient's condition shall comply with generally accepted
13    standards of medical practice, the provisions of the Act
14    under which he or she is licensed and all applicable
15    rules.
16        (3) The physical examination required by this Act may
17    not be performed by remote means, including telemedicine.
18        (4) The certifying health care professional shall
19    maintain a record-keeping system for all patients for whom
20    the certifying health care professional has certified the
21    patient's medical condition. These records shall be
22    accessible to and subject to review by the Department of
23    Public Health and the Department of Financial and
24    Professional Regulation upon request.
25    (b) A certifying health care professional may not:
26        (1) accept, solicit, or offer any form of remuneration

 

 

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1    from or to a qualifying patient, provisional patient,
2    primary caregiver, cultivation center, or dispensing
3    organization, including each principal officer, board
4    member, agent, and employee, to certify a patient, other
5    than accepting payment from a patient for the fee
6    associated with the required examination, except for the
7    limited purpose of performing a medical cannabis-related
8    research study;
9        (1.5) accept, solicit, or offer any form of
10    remuneration from or to a medical cannabis cultivation
11    center or dispensary organization for the purposes of
12    referring a patient to a specific dispensary organization;
13        (1.10) engage in any activity that is prohibited under
14    Section 22.2 of the Medical Practice Act of 1987,
15    regardless of whether the certifying health care
16    professional is a physician, advanced practice registered
17    nurse, or physician assistant;
18        (2) offer a discount of any other item of value to a
19    qualifying patient or provisional patient who uses or
20    agrees to use a particular primary caregiver or dispensing
21    organization to obtain medical cannabis;
22        (3) conduct a personal physical examination of a
23    patient for purposes of diagnosing a debilitating medical
24    condition at a location where medical cannabis is sold or
25    distributed or at the address of a principal officer,
26    agent, or employee or a medical cannabis organization;

 

 

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1        (4) hold a direct or indirect economic interest in a
2    cultivation center or dispensing organization if he or she
3    recommends the use of medical cannabis to qualified
4    patients or is in a partnership or other fee or
5    profit-sharing relationship with a certifying health care
6    professional who recommends medical cannabis, except for
7    the limited purpose of performing a medical
8    cannabis-related research study;
9        (5) serve on the board of directors or as an employee
10    of a cultivation center or dispensing organization;
11        (6) refer patients to a cultivation center, a
12    dispensing organization, or a registered designated
13    caregiver; or
14        (7) advertise in a cultivation center or a dispensing
15    organization.
16    (c) The Department of Public Health may with reasonable
17cause refer a certifying health care professional, who has
18certified a debilitating medical condition of a patient, to
19the Illinois Department of Financial and Professional
20Regulation for potential violations of this Section.
21    (d) Any violation of this Section or any other provision
22of this Act or rules adopted under this Act is a violation of
23the certifying health care professional's licensure act.
24    (e) A certifying health care professional who certifies a
25debilitating medical condition for a qualifying patient may
26notify the Department of Public Health in writing: (1) if the

 

 

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1certifying health care professional has reason to believe
2either that the registered qualifying patient has ceased to
3suffer from a debilitating medical condition; (2) that the
4bona fide health care professional-patient relationship has
5terminated; or (3) that continued use of medical cannabis
6would result in contraindication with the patient's other
7medication. The registered qualifying patient's registry
8identification card shall be revoked by the Department of
9Public Health after receiving the certifying health care
10professional's notification.
11    (f) Nothing in this Act shall preclude a certifying health
12care professional from referring a patient for health
13services, except when the referral is limited to certification
14purposes only, under this Act.
15(Source: P.A. 101-363, eff. 8-9-19; 102-558, eff. 8-20-21.)
 
16    (410 ILCS 130/57)
17    Sec. 57. Caregivers for qualifying Qualifying patients and
18provisional patients.
19    (a) Qualifying patients or provisional patients that are
20under the age of 18 years shall not be prohibited from
21appointing up to 3 designated caregivers who meet the
22definition of "designated caregiver" under Section 10 so long
23as at least one designated caregiver is a biological parent or
24legal guardian.
25    (b) Qualifying patients or provisional patients that are

 

 

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118 years of age or older shall not be prohibited from
2appointing up to 3 designated caregivers who meet the
3definition of "designated caregiver" under Section 10.
4(Source: P.A. 101-363, eff. 8-9-19.)
 
5    (410 ILCS 130/70)
6    Sec. 70. Registry identification cards.
7    (a) A registered qualifying patient or designated
8caregiver must keep their registry identification card in his
9or her possession at all times when engaging in the medical use
10of cannabis.
11    (b) Registry identification cards shall contain the
12following:
13        (1) the name of the cardholder;
14        (2) a designation of whether the cardholder is a
15    designated caregiver or qualifying patient;
16        (3) the date of issuance and expiration date of the
17    registry identification card;
18        (4) a random alphanumeric identification number that
19    is unique to the cardholder;
20        (5) if the cardholder is a designated caregiver, the
21    random alphanumeric identification number of the
22    registered qualifying patient the designated caregiver is
23    receiving the registry identification card to assist; and
24        (6) a photograph of the cardholder, if required by
25    Department of Public Health rules.

 

 

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1    (c) To maintain a valid registration identification card,
2a registered qualifying patient and caregiver must annually
3resubmit, at least 45 days prior to the expiration date stated
4on the registry identification card, a completed renewal
5application, renewal fee, and accompanying documentation as
6described in Department of Public Health rules. The Department
7of Public Health shall send a notification to a registered
8qualifying patient or registered designated caregiver 90 days
9prior to the expiration of the registered qualifying patient's
10or registered designated caregiver's identification card. If
11the Department of Public Health fails to grant or deny a
12renewal application received in accordance with this Section,
13then the renewal is deemed granted and the registered
14qualifying patient or registered designated caregiver may
15continue to use the expired identification card until the
16Department of Public Health denies the renewal or issues a new
17identification card.
18    (d) Except as otherwise provided in this Section, the
19expiration date is 3 years after the date of issuance.
20    (e) The Department of Public Health may electronically
21store in the card any or all of the information listed in
22subsection (b), along with the address and date of birth of the
23cardholder and the qualifying patient's designated dispensary
24organization, to allow it to be read by law enforcement
25agents.
26(Source: P.A. 98-122, eff. 1-1-14; 99-519, eff. 6-30-16.)
 

 

 

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1    (410 ILCS 130/85)
2    Sec. 85. Issuance and denial of medical cannabis
3cultivation permit.
4    (a) The Department of Agriculture may register up to 22
5cultivation center registrations for operation. The Department
6of Agriculture may not issue more than one registration per
7each Illinois State Police District boundary as specified on
8the date of January 1, 2013. The Department of Agriculture may
9not issue less than the 22 registrations if there are
10qualified applicants who have applied with the Department.
11    (b) The registrations shall be issued and renewed annually
12as determined by administrative rule.
13    (c) The Department of Agriculture shall determine a
14registration fee by rule.
15    (d) A cultivation center may only operate if it has been
16issued a valid registration from the Department of
17Agriculture. When applying for a cultivation center
18registration, the applicant shall submit the following in
19accordance with Department of Agriculture rules:
20        (1) the proposed legal name of the cultivation center;
21        (2) the proposed physical address of the cultivation
22    center and description of the enclosed, locked facility as
23    it applies to cultivation centers where medical cannabis
24    will be grown, harvested, manufactured, packaged, or
25    otherwise prepared for distribution to a dispensing

 

 

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1    organization;
2        (3) the name, address, and date of birth of each
3    principal officer and board member of the cultivation
4    center, provided that all those individuals shall be at
5    least 21 years of age;
6        (4) any instance in which a business that any of the
7    prospective board members of the cultivation center had
8    managed or served on the board of the business and was
9    convicted, fined, censured, or had a registration or
10    license suspended or revoked in any administrative or
11    judicial proceeding;
12        (5) cultivation, inventory, and packaging plans;
13        (6) proposed operating by-laws that include procedures
14    for the oversight of the cultivation center, development
15    and implementation of a plant monitoring system, medical
16    cannabis container tracking system, accurate record
17    keeping, staffing plan, and security plan reviewed by the
18    Illinois State Police that are in accordance with the
19    rules issued by the Department of Agriculture under this
20    Act. A physical inventory shall be performed of all plants
21    and medical cannabis containers on a weekly basis;
22        (7) experience with agricultural cultivation
23    techniques and industry standards;
24        (8) any academic degrees, certifications, or relevant
25    experience with related businesses;
26        (9) the identity of every person, association, trust,

 

 

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1    or corporation having any direct or indirect pecuniary
2    interest in the cultivation center operation with respect
3    to which the registration is sought. If the disclosed
4    entity is a trust, the application shall disclose the
5    names and addresses of the beneficiaries; if a
6    corporation, the names and addresses of all stockholders
7    and directors; if a partnership, the names and addresses
8    of all partners, both general and limited;
9        (10) verification from the Illinois State Police that
10    all background checks of the principal officer, board
11    members, and registered agents have been conducted and
12    those individuals have not been convicted of an excluded
13    offense;
14        (11) provide a copy of the current local zoning
15    ordinance to the Department of Agriculture and verify that
16    proposed cultivation center is in compliance with the
17    local zoning rules issued in accordance with Section 140;
18        (12) an application fee set by the Department of
19    Agriculture by rule; and
20        (13) any other information required by Department of
21    Agriculture rules, including, but not limited to a
22    cultivation center applicant's experience with the
23    cultivation of agricultural or horticultural products,
24    operating an agriculturally related business, or operating
25    a horticultural business.
26    (e) An application for a cultivation center permit must be

 

 

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1denied if any of the following conditions are met:
2        (1) the applicant failed to submit the materials
3    required by this Section, including if the applicant's
4    plans do not satisfy the security, oversight, inventory,
5    or recordkeeping rules issued by the Department of
6    Agriculture;
7        (2) the applicant would not be in compliance with
8    local zoning rules issued in accordance with Section 140;
9        (3) (blank) one or more of the prospective principal
10    officers or board members has been convicted of an
11    excluded offense;
12        (4) one or more of the prospective principal officers
13    or board members has served as a principal officer or
14    board member for a registered dispensing organization or
15    cultivation center that has had its registration revoked;
16        (5) one or more of the principal officers or board
17    members is under 21 years of age;
18        (6) (blank) a principal officer or board member of the
19    cultivation center has been convicted of a felony under
20    the laws of this State, any other state, or the United
21    States;
22        (7) (blank) a principal officer or board member of the
23    cultivation center has been convicted of any violation of
24    Article 28 of the Criminal Code of 2012, or substantially
25    similar laws of any other jurisdiction; or
26        (8) the person has submitted an application for a

 

 

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1    certificate under this Act which contains false
2    information.
3(Source: P.A. 102-538, eff. 8-20-21.)
 
4    (410 ILCS 130/100)
5    Sec. 100. Cultivation center agent identification card.
6    (a) The Department of Agriculture shall:
7        (1) verify the information contained in an application
8    or renewal for a cultivation center identification card
9    submitted under this Act, and approve or deny an
10    application or renewal, within 30 days of receiving a
11    completed application or renewal application and all
12    supporting documentation required by rule;
13        (2) issue a cultivation center agent identification
14    card to a qualifying agent within 15 business days of
15    approving the application or renewal;
16        (3) enter the registry identification number of the
17    cultivation center where the agent works; and
18        (4) allow for an electronic application process, and
19    provide a confirmation by electronic or other methods that
20    an application has been submitted.
21    (b) A cultivation center agent must keep his or her
22identification card visible at all times when on the property
23of a cultivation center and during the transportation of
24medical cannabis to a registered dispensary organization.
25    (c) The cultivation center agent identification cards

 

 

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1shall contain the following:
2        (1) the name of the cardholder;
3        (2) the date of issuance and expiration date of
4    cultivation center agent identification cards;
5        (3) a random 10-digit alphanumeric identification
6    number containing at least 4 numbers and at least 4
7    letters that is unique to the holder; and
8        (4) a photograph of the cardholder.
9    (d) The cultivation center agent identification cards
10shall be immediately returned to the cultivation center upon
11termination of employment.
12    (e) Any card lost by a cultivation center agent shall be
13reported to the Illinois State Police and the Department of
14Agriculture immediately upon discovery of the loss.
15    (f) (Blank). An applicant shall be denied a cultivation
16center agent identification card if he or she has been
17convicted of an excluded offense.
18    (g) An agent applicant may begin employment at a
19cultivation center while the agent applicant's identification
20card application is pending. Upon approval, the Department
21shall issue the agent's identification card to the agent. If
22denied, the cultivation center and the agent applicant shall
23be notified and the agent applicant must cease all activity at
24the cultivation center immediately.
25(Source: P.A. 102-98, eff. 7-15-21; 102-538, eff. 8-20-21;
26102-813, eff. 5-13-22.)
 

 

 

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1    (410 ILCS 130/105)
2    Sec. 105. Requirements; prohibitions; penalties for
3cultivation centers.
4    (a) The operating documents of a registered cultivation
5center shall include procedures for the oversight of the
6cultivation center, a cannabis plant monitoring system
7including a physical inventory recorded weekly, a cannabis
8container system including a physical inventory recorded
9weekly, accurate record keeping, and a staffing plan.
10    (b) A registered cultivation center shall implement a
11security plan reviewed by the Illinois State Police and
12including but not limited to: facility access controls,
13perimeter intrusion detection systems, personnel
14identification systems, 24-hour surveillance system to monitor
15the interior and exterior of the registered cultivation center
16facility and accessible to authorized law enforcement and the
17Department of Agriculture in real-time.
18    (c) A registered cultivation center may not be located
19within 2,500 feet of the property line of a pre-existing
20public or private preschool or elementary or secondary school
21or day care center, day care home, group day care home, part
22day child care facility, or an area zoned for residential use.
23    (d) All cultivation of cannabis for distribution to a
24registered dispensing organization must take place in an
25enclosed, locked facility as it applies to cultivation centers

 

 

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1at the physical address provided to the Department of
2Agriculture during the registration process. The cultivation
3center location shall only be accessed by the cultivation
4center agents working for the registered cultivation center,
5Department of Agriculture staff performing inspections,
6Department of Public Health staff performing inspections, law
7enforcement or other emergency personnel, and contractors
8working on jobs unrelated to medical cannabis, such as
9installing or maintaining security devices or performing
10electrical wiring.
11    (e) A cultivation center may not sell or distribute any
12cannabis to any individual or entity other than another
13cultivation center, a dispensing organization registered under
14this Act, or a laboratory licensed by the Department of
15Agriculture.
16    (f) All harvested cannabis intended for distribution to a
17dispensing organization must be packaged in a labeled medical
18cannabis container and entered into a data collection system.
19    (g) (Blank). No person who has been convicted of an
20excluded offense may be a cultivation center agent.
21    (h) Registered cultivation centers are subject to random
22inspection by the Illinois State Police.
23    (i) Registered cultivation centers are subject to random
24inspections by the Department of Agriculture and the
25Department of Public Health.
26    (j) A cultivation center agent shall notify local law

 

 

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1enforcement, the Illinois State Police, and the Department of
2Agriculture within 24 hours of the discovery of any loss or
3theft. Notification shall be made by phone or in-person, or by
4written or electronic communication.
5    (k) A cultivation center shall comply with all State and
6federal rules and regulations regarding the use of pesticides.
7(Source: P.A. 101-363, eff. 8-9-19; 102-538, eff. 8-20-21.)
 
8    (410 ILCS 130/115)
9    Sec. 115. Registration of dispensing organizations.
10    (a) The Department of Financial and Professional
11Regulation may issue up to 60 dispensing organization
12registrations for operation. The Department of Financial and
13Professional Regulation may not issue less than the 60
14registrations if there are qualified applicants who have
15applied with the Department of Financial and Professional
16Regulation. The organizations shall be geographically
17dispersed throughout the State to allow all registered
18qualifying patients reasonable proximity and access to a
19dispensing organization.
20    (a-5) The Department of Financial and Professional
21Regulation may shall adopt rules to create a registration
22process for Social Equity Justice Involved Applicants and
23Qualifying Applicants, a streamlined application, and a Social
24Equity Justice Involved Medical Lottery under Section 115.5 to
25issue the remaining available 5 dispensing organization

 

 

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

 

 

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1submitted an application pursuant to Section 15-30 of the
2Cannabis Regulation and Tax Act that received at least 85% of
3250 application points available under Section 15-30 of the
4Cannabis Regulation and Tax Act as the applicant's final
5score; (ii) received points at the conclusion of the scoring
6process for meeting the definition of a "Social Equity
7Applicant" as set forth under the Cannabis Regulation and Tax
8Act; and (iii) is an applicant that did not receive a
9Conditional Adult Use Dispensing Organization License through
10a Qualifying Applicant Lottery pursuant to Section 15-35 of
11the Cannabis Regulation and Tax Act or any Tied Applicant
12Lottery conducted under the Cannabis Regulation and Tax Act.
13    "Social Equity Justice Involved Applicant" means an
14applicant that is an Illinois resident and one of the
15following:
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;
20        (2) an applicant with at least 51% of ownership and
21    control by one or more individuals who have been arrested
22    for, convicted of, or adjudicated delinquent for any
23    offense that is eligible for expungement under subsection
24    (i) of Section 5.2 of the Criminal Identification Act; or
25        (3) an applicant with at least 51% ownership and
26    control by one or more members of an impacted family.

 

 

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1    (b) A dispensing organization may only operate if it has
2been issued a registration from the Department of Financial
3and Professional Regulation. The Department of Financial and
4Professional Regulation shall adopt rules establishing the
5procedures for applicants for dispensing organizations.
6    (c) When applying for a dispensing organization
7registration, the applicant shall submit, at a minimum, the
8following in accordance with Department of Financial and
9Professional Regulation rules:
10        (1) a non-refundable application fee established by
11    rule;
12        (2) the proposed legal name of the dispensing
13    organization;
14        (3) the proposed physical address of the dispensing
15    organization;
16        (4) the name, address, and date of birth of each
17    principal officer and board member of the dispensing
18    organization, provided that all those individuals shall be
19    at least 21 years of age;
20        (5) (blank);
21        (6) (blank); and
22        (7) (blank).
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

 

 

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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) (blank) one or more of the prospective principal
4    officers or board members has been convicted of an
5    excluded 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; 102-98, eff. 7-15-21.)
 
13    (410 ILCS 130/115.5)
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    "Qualifying Applicant" has the same meaning as defined in
20subsection (a-5) of Section 115.
21    "Social Equity Justice Involved Applicant" has the same
22meaning as defined in subsection (a-5) of Section 115.
23    "Social Equity Justice Involved Medical Lottery" means the
24process of issuing 5 available medical cannabis dispensing
25organization registrations by lot, conducted by the Department

 

 

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1of Financial and Professional Regulation, for applicants who
2are either: (i) Social Equity Justice Involved Applicants; or
3(ii) Qualifying Applicants.
4    (b) The Department of Financial and Professional
5Regulation may shall conduct a Social Equity Justice Involved
6Medical Lottery to award up to 5 medical cannabis dispensing
7organization registrations by lot in accordance with Section
8115.
9    (c) The Department of Financial and Professional
10Regulation shall adopt rules through emergency rulemaking in
11accordance with subsection (kk) of Section 5-45 of the
12Illinois Administrative Procedure Act to create a registration
13process, a streamlined application, an application fee not to
14exceed $5,000 for purposes of this Section, and limits on the
15number of entries into the Social Equity Justice Involved
16Medical Lottery, as well as any other measures to reduce
17barriers to enter the cannabis industry. The General Assembly
18finds that the adoption of rules to regulate cannabis use is
19deemed an emergency and necessary for the public interest,
20safety, and welfare.
21    (d) Social Equity Justice Involved Applicants awarded a
22registration under subsection (a-5) of Section 115 are
23eligible to serve purchasers at the same site and a secondary
24site under the Cannabis Regulation and Tax Act, subject to
25application and inspection processes established by the
26Department. The licenses issued under this Section shall be

 

 

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1valid for 2 years after the date of issuance and shall renew in
2the manner proscribed by the Department.
3    (e) No applicant may be awarded more than one medical
4cannabis dispensing organization registration at the
5conclusion of the lottery conducted under this Section.
6    (f) No individual may be listed as a principal officer of
7more than one medical cannabis dispensing organization
8registration awarded under this Section.
9(Source: P.A. 102-98, eff. 7-15-21.)
 
10    (410 ILCS 130/120)
11    Sec. 120. Dispensing organization agent identification
12card.
13    (a) The Department of Financial and Professional
14Regulation shall:
15        (1) verify the information contained in an application
16    or renewal for a dispensing organization agent
17    identification card submitted under this Act, and approve
18    or deny an application or renewal, within 30 days of
19    receiving a completed application or renewal application
20    and all supporting documentation required by rule;
21        (2) issue a dispensing organization agent
22    identification card to a qualifying agent within 15
23    business days of approving the application or renewal;
24        (3) enter the registry identification number of the
25    dispensing organization where the agent works; and

 

 

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1        (4) allow for an electronic application process, and
2    provide a confirmation by electronic or other methods that
3    an application has been submitted.
4    (b) A dispensing agent must keep his or her identification
5card visible at all times when on the property of a dispensing
6organization.
7    (c) The dispensing organization agent identification cards
8shall contain the following:
9        (1) the name of the cardholder;
10        (2) the date of issuance and expiration date of the
11    dispensing organization agent identification cards;
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; and
15        (4) a photograph of the cardholder.
16    (d) The dispensing organization agent identification cards
17shall be immediately returned to the dispensing organization
18upon termination of employment.
19    (e) Any card lost by a dispensing organization agent shall
20be reported to the Illinois State Police and the Department of
21Financial and Professional Regulation immediately upon
22discovery of the loss.
23    (f) (Blank). An applicant shall be denied a dispensing
24organization agent identification card if he or she has been
25convicted of an excluded offense.
26(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.)
 

 

 

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1    (410 ILCS 130/130)
2    Sec. 130. Requirements; prohibitions; penalties;
3dispensing organizations.
4    (a) The Department of Financial and Professional
5Regulation shall implement the provisions of this Section by
6rule.
7    (b) A dispensing organization shall maintain operating
8documents which shall include procedures for the oversight of
9the registered dispensing organization and procedures to
10ensure accurate recordkeeping.
11    (c) A dispensing organization shall implement appropriate
12security measures, as provided by rule, to deter and prevent
13the theft of cannabis and unauthorized entrance into areas
14containing cannabis.
15    (d) A dispensing organization may not be located within
161,000 feet of the property line of a pre-existing public or
17private preschool or elementary or secondary school or day
18care center, day care home, group day care home, or part day
19child care facility. A registered dispensing organization may
20not be located in a house, apartment, condominium, or an area
21zoned for residential use. This subsection shall not apply to
22any dispensing organizations registered on or after July 1,
232019.
24    (e) A dispensing organization is prohibited from acquiring
25cannabis from anyone other than a cultivation center, craft

 

 

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1grower, processing organization, another dispensing
2organization, or transporting organization licensed or
3registered under this Act or the Cannabis Regulation and Tax
4Act. A dispensing organization is prohibited from obtaining
5cannabis from outside the State of Illinois.
6    (f) A registered dispensing organization is prohibited
7from dispensing cannabis for any purpose except to assist
8registered qualifying patients with the medical use of
9cannabis directly or through the qualifying patients'
10designated caregivers.
11    (g) The area in a dispensing organization where medical
12cannabis is stored can only be accessed by dispensing
13organization agents working for the dispensing organization,
14Department of Financial and Professional Regulation staff
15performing inspections, law enforcement or other emergency
16personnel, and contractors working on jobs unrelated to
17medical cannabis, such as installing or maintaining security
18devices or performing electrical wiring.
19    (h) A dispensing organization may not dispense more than
202.5 ounces of cannabis to a registered qualifying patient,
21directly or via a designated caregiver, in any 14-day period
22unless the qualifying patient has a Department of Public
23Health-approved quantity waiver. Any Department of Public
24Health-approved quantity waiver process must be made available
25to qualified veterans.
26    (i) Except as provided in subsection (i-5), before medical

 

 

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

 

 

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1    adequate supply.
2    (j) Dispensing organizations shall ensure compliance with
3this limitation by maintaining internal, confidential records
4that include records specifying how much medical cannabis is
5dispensed to the registered qualifying patient and whether it
6was dispensed directly to the registered qualifying patient or
7to the designated caregiver. Each entry must include the date
8and time the cannabis was dispensed. Additional recordkeeping
9requirements may be set by rule.
10    (k) The health care professional-patient privilege as set
11forth by Section 8-802 of the Code of Civil Procedure shall
12apply between a qualifying patient and a registered dispensing
13organization and its agents with respect to communications and
14records concerning qualifying patients' debilitating
15conditions.
16    (l) A dispensing organization may not permit any person to
17consume cannabis on the property of a medical cannabis
18organization.
19    (m) A dispensing organization may not share office space
20with or refer patients to a certifying health care
21professional.
22    (n) Notwithstanding any other criminal penalties related
23to the unlawful possession of cannabis, the Department of
24Financial and Professional Regulation may revoke, suspend,
25place on probation, reprimand, refuse to issue or renew, or
26take any other disciplinary or non-disciplinary action as the

 

 

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

 

 

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1citation shall be issued to the licensee and shall contain the
2licensee's name, address, and license number, a brief factual
3statement, the Sections of the law or rule allegedly violated,
4and the civil penalty, if any, imposed. The citation must
5clearly state that the licensee may choose, in lieu of
6accepting the citation, to request a hearing. If the licensee
7does not dispute the matter in the citation with the
8Department of Financial and Professional Regulation within 30
9days after the citation is served, then the citation shall
10become final and shall not be subject to appeal.
11(Source: P.A. 101-363, eff. 8-9-19; 102-98, eff. 7-15-21.)
 
12    (410 ILCS 130/145)
13    Sec. 145. Confidentiality.
14    (a) The following information received and records kept by
15the Department of Public Health, Department of Financial and
16Professional Regulation, Department of Agriculture, Department
17of Commerce and Economic Opportunity, Office of Executive
18Inspector General, or Illinois State Police for purposes of
19administering this Act are subject to all applicable federal
20privacy laws, confidential, and exempt from the Freedom of
21Information Act, and not subject to disclosure to any
22individual or public or private entity, except as necessary
23for authorized employees of those authorized agencies to
24perform official duties under this Act and except as necessary
25to those involved in enforcing the State Officials and

 

 

10300HB2911sam004- 62 -LRB103 26014 RJT 74237 a

1Employees Ethics Act, and the following information received
2and records kept by Department of Public Health, Department of
3Agriculture, Department of Commerce and Economic Opportunity,
4Department of Financial and Professional Regulation, Office of
5Executive Inspector General, and Illinois State Police,
6excluding any existing or non-existing Illinois or national
7criminal history record information as defined in subsection
8(d), may be disclosed to each other upon request:
9        (1) Applications and renewals, their contents, and
10    supporting information submitted by qualifying patients,
11    provisional patients, and designated caregivers, including
12    information regarding their designated caregivers and
13    certifying health care professionals.
14        (2) Applications and renewals, their contents, and
15    supporting information submitted by or on behalf of
16    cultivation centers and dispensing organizations in
17    compliance with this Act, including their physical
18    addresses. This does not preclude the release of ownership
19    information of cannabis business establishment licenses.
20        (3) The individual names and other information
21    identifying persons to whom the Department of Public
22    Health has issued registry identification cards.
23        (4) Any dispensing information required to be kept
24    under Section 135, Section 150, or Department of Public
25    Health, Department of Agriculture, or Department of
26    Financial and Professional Regulation rules shall identify

 

 

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1    cardholders and registered cultivation centers by their
2    registry identification numbers and medical cannabis
3    dispensing organizations by their registration number and
4    not contain names or other personally identifying
5    information.
6        (5) All medical records provided to the Department of
7    Public Health in connection with an application for a
8    registry card.
9    (b) Nothing in this Section precludes the following:
10        (1) Department of Agriculture, Department of Financial
11    and Professional Regulation, or Public Health employees
12    may notify law enforcement about falsified or fraudulent
13    information submitted to the Departments if the employee
14    who suspects that falsified or fraudulent information has
15    been submitted conferred with his or her supervisor and
16    both agree that circumstances exist that warrant
17    reporting.
18        (2) If the employee conferred with his or her
19    supervisor and both agree that circumstances exist that
20    warrant reporting, Department of Public Health employees
21    may notify the Department of Financial and Professional
22    Regulation if there is reasonable cause to believe a
23    certifying health care professional:
24            (A) issued a written certification without a bona
25        fide health care professional-patient relationship
26        under this Act;

 

 

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1            (B) issued a written certification to a person who
2        was not under the certifying health care
3        professional's care for the debilitating medical
4        condition; or
5            (C) failed to abide by the acceptable and
6        prevailing standard of care when evaluating a
7        patient's medical condition.
8        (3) The Department of Public Health, Department of
9    Agriculture, and Department of Financial and Professional
10    Regulation may notify State or local law enforcement about
11    apparent criminal violations of this Act if the employee
12    who suspects the offense has conferred with his or her
13    supervisor and both agree that circumstances exist that
14    warrant reporting.
15        (4) Medical cannabis cultivation center agents and
16    medical cannabis dispensing organizations may notify the
17    Department of Public Health, Department of Financial and
18    Professional Regulation, or Department of Agriculture of a
19    suspected violation or attempted violation of this Act or
20    the rules issued under it.
21        (5) Each Department may verify registry identification
22    cards under Section 150.
23        (6) The submission of the report to the General
24    Assembly under Section 160.
25    (b-5) Each Department responsible for licensure under this
26Act shall publish on the Department's website a list of the

 

 

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1ownership information of cannabis business establishment
2licensees under the Department's jurisdiction. The list shall
3include, but shall not be limited to, the name of the person or
4entity holding each cannabis business establishment license
5and the address at which the entity is operating under this
6Act. This list shall be published and updated monthly.
7    (c) Except for any ownership information released pursuant
8to subsection (b-5) or as otherwise authorized or required by
9law, it is a Class B misdemeanor with a $1,000 fine for any
10person, including an employee or official of the Department of
11Public Health, Department of Financial and Professional
12Regulation, or Department of Agriculture or another State
13agency or local government, to breach the confidentiality of
14information obtained under this Act.
15    (d) The Department of Public Health, the Department of
16Agriculture, the Illinois State Police, and the Department of
17Financial and Professional Regulation shall not share or
18disclose any existing or non-existing Illinois or national
19criminal history record information. For the purposes of this
20Section, "any existing or non-existing Illinois or national
21criminal history record information" means any Illinois or
22national criminal history record information, including but
23not limited to the lack of or non-existence of these records.
24(Source: P.A. 101-363, eff. 8-9-19; 102-98, eff. 7-15-21;
25102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
 

 

 

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1    (410 ILCS 130/150)
2    Sec. 150. Registry identification and registration
3certificate verification.
4    (a) The Department of Public Health shall maintain a
5confidential list of the persons to whom the Department of
6Public Health has issued registry identification cards and
7their addresses, phone numbers, and registry identification
8numbers. This confidential list may not be combined or linked
9in any manner with any other list or database except as
10provided in this Section.
11    (b) Within 180 days of the effective date of this Act, the
12Department of Public Health, Department of Financial and
13Professional Regulation, and Department of Agriculture shall
14together establish a computerized database or verification
15system. The database or verification system must allow law
16enforcement personnel and medical cannabis dispensary
17organization agents to determine whether or not the
18identification number corresponds with a current, valid
19registry identification card. The system shall only disclose
20whether the identification card is valid, whether the
21cardholder is a registered qualifying patient, provisional
22patient, or a registered designated caregiver, the registry
23identification number of the registered medical cannabis
24dispensing organization designated to serve the registered
25qualifying patient who holds the card, and the registry
26identification number of the patient who is assisted by a

 

 

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1registered designated caregiver who holds the card. The
2Department of Public Health, the Department of Agriculture,
3the Illinois State Police, and the Department of Financial and
4Professional Regulation shall not share or disclose any
5existing or non-existing Illinois or national criminal history
6record information. Notwithstanding any other requirements
7established by this subsection, the Department of Public
8Health shall issue registry cards to qualifying patients, the
9Department of Financial and Professional Regulation may issue
10registration to medical cannabis dispensing organizations for
11the period during which the database is being established, and
12the Department of Agriculture may issue registration cards to
13medical cannabis cultivation organizations for the period
14during which the database is being established.
15    (c) For the purposes of this Section, "any existing or
16non-existing Illinois or national criminal history record
17information" means any Illinois or national criminal history
18record information, including but not limited to the lack of
19or non-existence of these records.
20(Source: P.A. 102-538, eff. 8-20-21.)
 
21    (410 ILCS 130/165)
22    Sec. 165. Administrative rulemaking.
23    (a) Not later than 120 days after the effective date of
24this Act, the Department of Public Health, Department of
25Agriculture, and the Department of Financial and Professional

 

 

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1Regulation shall develop rules in accordance to their
2responsibilities under this Act and file those rules with the
3Joint Committee on Administrative Rules.
4    (b) The Department of Public Health rules shall address,
5but not be limited to, the following:
6        (1) fees for applications for registration as a
7    qualified patient or caregiver;
8        (2) establishing the form and content of registration
9    and renewal applications submitted under this Act,
10    including a standard form for written certifications;
11        (3) governing the manner in which it shall consider
12    applications for and renewals of registry identification
13    cards;
14        (4) the manufacture of medical cannabis-infused
15    products;
16        (5) fees for the application and renewal of registry
17    identification cards. Fee revenue may be offset or
18    supplemented by private donations;
19        (6) any other matters as are necessary for the fair,
20    impartial, stringent, and comprehensive administration of
21    this Act; and
22        (7) reasonable rules concerning the medical use of
23    cannabis at a nursing care institution, hospice, assisted
24    living center, assisted living facility, assisted living
25    home, residential care institution, or adult day health
26    care facility.

 

 

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1    (c) The Department of Agriculture rules shall address, but
2not be limited to the following related to registered
3cultivation centers, with the goal of protecting against
4diversion and theft, without imposing an undue burden on the
5registered cultivation centers:
6        (1) oversight requirements for registered cultivation
7    centers;
8        (2) recordkeeping requirements for registered
9    cultivation centers;
10        (3) security requirements for registered cultivation
11    centers, which shall include that each registered
12    cultivation center location must be protected by a fully
13    operational security alarm system;
14        (4) rules and standards for what constitutes an
15    enclosed, locked facility under this Act;
16        (5) procedures for suspending or revoking the
17    registration certificates or registry identification cards
18    of registered cultivation centers and their agents that
19    commit violations of the provisions of this Act or the
20    rules adopted under this Section;
21        (6) rules concerning the intrastate transportation of
22    medical cannabis from a cultivation center to a dispensing
23    organization;
24        (7) standards concerning the testing, quality, and
25    cultivation of medical cannabis;
26        (8) any other matters as are necessary for the fair,

 

 

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1    impartial, stringent, and comprehensive administration of
2    this Act;
3        (9) application and renewal fees for cultivation
4    center agents; and
5        (10) application, renewal, and registration fees for
6    cultivation centers.
7    (d) The Department of Financial and Professional
8Regulation rules shall address, but not be limited to the
9following matters related to registered dispensing
10organizations, with the goal of protecting against diversion
11and theft, without imposing an undue burden on the registered
12dispensing organizations or compromising the confidentiality
13of cardholders:
14        (1) application and renewal and registration fees for
15    dispensing organizations and dispensing organizations
16    agents;
17        (2) medical cannabis dispensing agent-in-charge
18    oversight requirements for dispensing organizations;
19        (3) recordkeeping requirements for dispensing
20    organizations;
21        (4) security requirements for medical cannabis
22    dispensing organizations, which shall include that each
23    registered dispensing organization location must be
24    protected by a fully operational security alarm system;
25        (5) procedures for suspending or revoking the
26    registrations of dispensing organizations and dispensing

 

 

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1    organization agents that commit violations of the
2    provisions of this Act or the rules adopted under this
3    Act;
4        (6) application and renewal fees for dispensing
5    organizations; and
6        (7) application and renewal fees for dispensing
7    organization agents.
8    (e) The Department of Public Health may establish a
9sliding scale of patient application and renewal fees based
10upon a qualifying patient's household income. The Department
11of Public health may accept donations from private sources to
12reduce application and renewal fees, and registry
13identification card fees shall include an additional fee set
14by rule which shall be used to develop and disseminate
15educational information about the health risks associated with
16the abuse of cannabis and prescription medications.
17    (f) During the rule-making process, each Department shall
18make a good faith effort to consult with stakeholders
19identified in the rule-making analysis as being impacted by
20the rules, including patients or a representative of an
21organization advocating on behalf of patients.
22    (g) The Department of Public Health shall develop and
23disseminate educational information about the health risks
24associated with the abuse of cannabis and prescription
25medications.
26(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.)
 

 

 

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1    (410 ILCS 130/210)
2    Sec. 210. Returns.
3    (a) This subsection (a) applies to returns due on or
4before June 25, 2019 (the effective date of Public Act 101-27)
5this amendatory Act of the 101st General Assembly. On or
6before the twentieth day of each calendar month, every person
7subject to the tax imposed under this Law during the preceding
8calendar month shall file a return with the Department,
9stating:
10        (1) The name of the taxpayer;
11        (2) The number of ounces of medical cannabis sold to a
12    dispensing organization or a registered qualifying patient
13    during the preceding calendar month;
14        (3) The amount of tax due;
15        (4) The signature of the taxpayer; and
16        (5) Such other reasonable information as the
17    Department may require.
18    If a taxpayer fails to sign a return within 30 days after
19the proper notice and demand for signature by the Department,
20the return shall be considered valid and any amount shown to be
21due on the return shall be deemed assessed.
22    The taxpayer shall remit the amount of the tax due to the
23Department at the time the taxpayer files his or her return.
24    (b) Beginning on June 25, 2019 (the effective date of
25Public Act 101-27) this amendatory Act of the 101st General

 

 

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1Assembly, Section 60-20 65-20 of the Cannabis Regulation and
2Tax Act shall apply to returns filed and taxes paid under this
3Act to the same extent as if those provisions were set forth in
4full in this Section.
5(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
6    (410 ILCS 130/125 rep.)
7    Section 20. The Compassionate Use of Medical Cannabis
8Program Act is amended by repealing Section 125.
 
9    Section 25. The Cannabis Regulation and Tax Act is amended
10by changing Sections 1-10, 5-10, 5-15, 7-10, 7-15, 10-15,
1115-15, 15-20, 15-25, 15-35, 15-35.10, 15-36, 15-40, 15-50,
1215-60, 15-70, 15-85, 15-100, 15-145, 20-15, 20-30, 20-35,
1320-45, 25-35, 30-10, 30-30, 30-35, 30-45, 35-25, 35-30, 40-25,
1445-5, 50-5, 55-30, 55-65, 60-10, 65-10, 65-38, and 65-42 and
15adding Sections 15-24 and 40-50 as follows:
 
16    (410 ILCS 705/1-10)
17    Sec. 1-10. Definitions. In this Act:
18    "Adequate medical supply" means:
19        (1) 2.5 ounces of usable cannabis during a period of
20    14 days and that is derived solely from an intrastate
21    source.
22        (2) Subject to the rules of the Department of Public
23    Health, a patient may apply for a waiver where a

 

 

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1    certifying health care professional provides a substantial
2    medical basis in a signed, written statement asserting
3    that, based on the patient's medical history, in the
4    certifying health care professional's professional
5    judgment, 2.5 ounces is an insufficient adequate medical
6    supply for a 14-day period to properly alleviate the
7    patient's debilitating medical condition or symptoms
8    associated with the debilitating medical condition.
9        (3) This subsection may not be construed to authorize
10    the possession of more than 2.5 ounces at any time without
11    authority from the Department of Public Health.
12        (4) The premixed weight of medical cannabis used in
13    making a cannabis infused product shall apply toward the
14    limit on the total amount of medical cannabis a registered
15    qualifying patient may possess at any one time.
16    "Adult Use Cultivation Center License" means a license
17issued by the Department of Agriculture that permits a person
18to act as a cultivation center under this Act and any
19administrative rule made in furtherance of this Act.
20    "Adult Use Dispensing Organization License" means a
21license issued by the Department of Financial and Professional
22Regulation that permits a person to act as a dispensing
23organization under this Act and any administrative rule made
24in furtherance of this Act.
25    "Advertise" means to engage in promotional activities
26including, but not limited to: newspaper, radio, Internet and

 

 

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1electronic media, and television advertising; the distribution
2of fliers and circulars; billboard advertising; and the
3display of window and interior signs. "Advertise" does not
4mean exterior signage displaying only the name of the licensed
5cannabis business establishment.
6    "Application points" means the number of points a
7Dispensary Applicant receives on an application for a
8Conditional Adult Use Dispensing Organization License.
9    "BLS Region" means a region in Illinois used by the United
10States Bureau of Labor Statistics to gather and categorize
11certain employment and wage data. The 17 such regions in
12Illinois are: Bloomington, Cape Girardeau, Carbondale-Marion,
13Champaign-Urbana, Chicago-Naperville-Elgin, Danville,
14Davenport-Moline-Rock Island, Decatur, Kankakee, Peoria,
15Rockford, St. Louis, Springfield, Northwest Illinois
16nonmetropolitan area, West Central Illinois nonmetropolitan
17area, East Central Illinois nonmetropolitan area, and South
18Illinois nonmetropolitan area.
19        (1) Bloomington (DeWitt County; McLean County);
20        (2) Cape Girardeau (Alexander County);
21        (3) Carbondale-Marion (Jackson County; Williamson
22    County);
23        (4) Champaign-Urbana (Champaign County; Ford County;
24    Piatt County);
25        (5) Chicago-Naperville-Elgin (Cook County; DeKalb
26    County; DuPage County; Grundy County; Kane County; Kendall

 

 

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1    County; Lake County; McHenry County; Will County);
2        (6) Danville (Vermilion County);
3        (7) Davenport-Moline-Rock Island (Henry County; Mercer
4    County; Rock Island County);
5        (8) Decatur (Macon County);
6        (9) Kankakee (Kankakee County);
7        (10) Peoria (Marshall County; Peoria County; Stark
8    County; Tazewell County; Woodford County);
9        (11) Rockford (Boone County; Winnebago County);
10        (12) St. Louis (Bond County; Calhoun County; Clinton
11    County; Jersey County; Madison County; Macoupin County;
12    Monroe County; St. Clair County),
13        (13) Springfield (Menard County; Sangamon County);
14        (14) Northwest Illinois nonmetropolitan area (Bureau
15    County; Carroll County; Jo Daviess County; LaSalle County;
16    Lee County; Ogle County; Putnam County; Stephenson County;
17    Whiteside County);
18        (15) West Central Illinois nonmetropolitan area (Adams
19    County; Brown County; Cass County; Christian County;
20    Fulton County; Greene County; Hancock County; Henderson
21    County; Knox County; Livingston County; Logan County;
22    Mason County; McDonough County; Montgomery County; Morgan
23    County; Moultrie County; Pike County; Schuyler County;
24    Scott County; Shelby County; Warren County);
25        (16) East Central Illinois nonmetropolitan area (Clark
26    County; Clay County; Coles County; Crawford County;

 

 

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1    Cumberland County; Douglas County; Edgar County; Effingham
2    County; Fayette County; Iroquois County; Jasper County;
3    Lawrence County; Marion County; Richland County); and
4        (17) Southern Illinois nonmetropolitan area (Edwards
5    County; Franklin County; Gallatin County; Hamilton County;
6    Hardin County; Jefferson County; Johnson County; Massac
7    County; Perry County; Pope County; Pulaski County;
8    Randolph County; Saline County; Union County; Wabash
9    County; Wayne County; White County).
10    "By lot" means a randomized method of choosing between 2
11or more Eligible Tied Applicants or 2 or more Qualifying
12Applicants.
13    "Cannabis" means marijuana, hashish, and other substances
14that are identified as including any parts of the plant
15Cannabis sativa and including derivatives or subspecies, such
16as indica, of all strains of cannabis, whether growing or not;
17the seeds thereof, the resin extracted from any part of the
18plant; and any compound, manufacture, salt, derivative,
19mixture, or preparation of the plant, its seeds, or resin,
20including tetrahydrocannabinol (THC) and all other naturally
21produced cannabinol derivatives, whether produced directly or
22indirectly by extraction; however, "cannabis" does not include
23the mature stalks of the plant, fiber produced from the
24stalks, oil or cake made from the seeds of the plant, any other
25compound, manufacture, salt, derivative, mixture, or
26preparation of the mature stalks (except the resin extracted

 

 

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

 

 

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

 

 

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1registered by the Department of Agriculture to test cannabis
2for potency and contaminants. Licensed cannabis testing
3facilities are authorized under this Act to transport cannabis
4from licensed cannabis business establishments to the licensed
5cannabis testing facility and are exempt from the transporting
6organization license requirements.
7    "Cannabis transport GPS tracking system" means a system
8that includes, but is not limited to, real-time tracking,
9tracing, and recording of global positioning system data for
10licensed transporter vehicles registered with the Department
11of Agriculture to transport cannabis and cannabis-infused
12products.
13    "Certifying health care professional" has the meaning
14given to that term under the Compassionate Use of Medical
15Cannabis Program Act.
16    "Clone" means a plant section from a female cannabis plant
17not yet rootbound, growing in a water solution or other
18propagation matrix, that is capable of developing into a new
19plant.
20    "Community College Cannabis Vocational Training Pilot
21Program faculty participant" means a person who is 21 years of
22age or older, licensed by the Department of Agriculture, and
23is employed or contracted by an Illinois community college to
24provide student instruction using cannabis plants at an
25Illinois Community College.
26    "Community College Cannabis Vocational Training Pilot

 

 

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1Program faculty participant Agent Identification Card" means a
2document issued by the Department of Agriculture that
3identifies a person as a Community College Cannabis Vocational
4Training Pilot Program faculty participant.
5    "Conditional Adult Use Dispensing Organization License"
6means a contingent license awarded to applicants for an Adult
7Use Dispensing Organization License that reserves the right to
8an Adult Use Dispensing Organization License if the applicant
9meets certain conditions described in this Act, but does not
10entitle the recipient to begin purchasing or selling cannabis
11or cannabis-infused products.
12    "Conditional Adult Use Cultivation Center License" means a
13license awarded to top-scoring applicants for an Adult Use
14Cultivation Center License that reserves the right to an Adult
15Use Cultivation Center License if the applicant meets certain
16conditions as determined by the Department of Agriculture by
17rule, but does not entitle the recipient to begin growing,
18processing, or selling cannabis or cannabis-infused products.
19    "Consolidated transport center" means a facility licensed
20by the Department of Agriculture that is: (i) integrated with
21access controls, cameras, and alarms; (ii) owned and operated
22by an independent social equity transporting organization; and
23(iii) used for unloading products from vehicles, sorting and
24securely storing products, and reloading products onto
25licensed and registered transport vehicles before being
26shipped to cannabis business establishments.

 

 

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1    "Craft grower" means a facility operated by an
2organization or business that is licensed by the Department of
3Agriculture to cultivate, dry, cure, and package cannabis and
4perform other necessary activities to make cannabis available
5for sale at a dispensing organization or use at an infuser a
6processing organization. A craft grower may contain up to
714,000 5,000 square feet of canopy space on its premises for
8plants in the flowering state. The Department of Agriculture
9may authorize an increase or decrease of flowering stage
10cultivation space in increments of 3,000 square feet by rule
11based on market need, craft grower capacity, and the
12licensee's history of compliance or noncompliance, with a
13maximum space of 14,000 square feet for cultivating plants in
14the flowering stage, which must be cultivated in all stages of
15growth in an enclosed and secure area. A craft grower may share
16premises with an infuser a processing organization or a
17dispensing organization, or both, provided each licensee
18stores currency and cannabis or cannabis-infused products in a
19separate secured vault to which the other licensee does not
20have access or all licensees sharing a vault share more than
2150% of the same ownership.
22    "Craft grower agent" means a principal officer, board
23member, employee, or other agent of a craft grower who is 21
24years of age or older.
25    "Craft Grower Agent Identification Card" means a document
26issued by the Department of Agriculture that identifies a

 

 

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1person as a craft grower agent.
2    "Cultivation center" means a facility operated by an
3organization or business that is licensed by the Department of
4Agriculture to cultivate, process, transport (unless otherwise
5limited by this Act), and perform other necessary activities
6to provide cannabis and cannabis-infused products to cannabis
7business establishments.
8    "Cultivation center agent" means a principal officer,
9board member, employee, or other agent of a cultivation center
10who is 21 years of age or older.
11    "Cultivation Center Agent Identification Card" means a
12document issued by the Department of Agriculture that
13identifies a person as a cultivation center agent.
14    "Currency" means currency and coins coin of the United
15States.
16    "Designated caregiver" means a person who:
17        (1) is at least 21 years of age;
18        (2) has agreed to assist with a patient's medical use
19    of cannabis; and
20        (3) assists no more than one registered qualifying
21    patient with the patient's medical use of cannabis.
22    "Dispensary" means a facility operated by a dispensing
23organization at which activities licensed by this Act may
24occur.
25    "Dispensary Applicant" means the Proposed Dispensing
26Organization Name as stated on an application for a

 

 

10300HB2911sam004- 84 -LRB103 26014 RJT 74237 a

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

 

 

10300HB2911sam004- 85 -LRB103 26014 RJT 74237 a

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

 

 

10300HB2911sam004- 86 -LRB103 26014 RJT 74237 a

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

 

 

10300HB2911sam004- 87 -LRB103 26014 RJT 74237 a

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

 

 

10300HB2911sam004- 88 -LRB103 26014 RJT 74237 a

1when a cannabis plant is cultivated to produce plant material
2for cannabis products. This includes mature plants as follows:
3        (1) if greater than 2 stigmas are visible at each
4    internode of the plant; or
5        (2) if the cannabis plant is in an area that has been
6    intentionally deprived of light for a period of time
7    intended to produce flower buds and induce maturation,
8    from the moment the light deprivation began through the
9    remainder of the marijuana plant growth cycle.
10    "Individual" means a natural person.
11    "Infuser organization" or "infuser" means a facility
12operated by an organization or business that is licensed by
13the Department of Agriculture to directly incorporate cannabis
14or cannabis concentrate into a product formulation to produce
15a cannabis-infused product.
16    "Independent social equity transporting organization"
17means a transporting organization that is licensed by the
18Department of Agriculture and that is not owned or controlled,
19in whole or in part, by (i) any other cannabis business
20establishment, or (ii) any individual who serves as a
21principal officer of a cannabis business establishment or who
22has ownership in or control of a cannabis business
23establishment
24    "Infuser organization agent" means a principal officer,
25board member, employee, or other agent of an infuser
26organization.

 

 

10300HB2911sam004- 89 -LRB103 26014 RJT 74237 a

1    "Infuser organization agent identification card" means a
2document issued by the Department of Agriculture that
3identifies a person as an infuser organization agent.
4    "Kief" means the resinous crystal-like trichomes that are
5found on cannabis and that are accumulated, resulting in a
6higher concentration of cannabinoids, untreated by heat or
7pressure, or extracted using a solvent.
8    "Labor peace agreement" means an agreement between a
9cannabis business establishment and any labor organization
10recognized under the National Labor Relations Act, referred to
11in this Act as a bona fide labor organization, that prohibits
12labor organizations and members from engaging in picketing,
13work stoppages, boycotts, and any other economic interference
14with the cannabis business establishment. This agreement means
15that the cannabis business establishment has agreed not to
16disrupt efforts by the bona fide labor organization to
17communicate with, and attempt to organize and represent, the
18cannabis business establishment's employees. The agreement
19shall provide a bona fide labor organization access at
20reasonable times to areas in which the cannabis business
21establishment's employees work, for the purpose of meeting
22with employees to discuss their right to representation,
23employment rights under State law, and terms and conditions of
24employment. This type of agreement shall not mandate a
25particular method of election or certification of the bona
26fide labor organization.

 

 

10300HB2911sam004- 90 -LRB103 26014 RJT 74237 a

1    "Limited access area" means a room or other area under the
2control of a cannabis dispensing organization licensed under
3this Act and upon the licensed premises where cannabis sales
4occur with access limited to purchasers, dispensing
5organization owners and other dispensing organization agents,
6or service professionals conducting business with the
7dispensing organization, or, if sales to registered qualifying
8patients, caregivers, provisional patients, and Opioid
9Alternative Pilot Program participants licensed pursuant to
10the Compassionate Use of Medical Cannabis Program Act are also
11permitted at the dispensary, registered qualifying patients,
12caregivers, provisional patients, and Opioid Alternative Pilot
13Program participants.
14    "Member of an impacted family" means an individual who has
15a parent, legal guardian, child, spouse, or dependent, or was
16a dependent of an individual who, prior to the effective date
17of this Act, was arrested for, convicted of, or adjudicated
18delinquent for any offense that is eligible for expungement
19under this Act.
20    "Mother plant" means a cannabis plant that is cultivated
21or maintained for the purpose of generating clones, and that
22will not be used to produce plant material for sale to an
23infuser or dispensing organization.
24    "Ordinary public view" means within the sight line with
25normal visual range of a person, unassisted by visual aids,
26from a public street or sidewalk adjacent to real property, or

 

 

10300HB2911sam004- 91 -LRB103 26014 RJT 74237 a

1from within an adjacent property.
2    "Ownership and control" means ownership of at least 51% of
3the business, including corporate stock if a corporation, and
4control over the management and day-to-day operations of the
5business and an interest in the capital, assets, and profits
6and losses of the business proportionate to percentage of
7ownership.
8    "Person" means a natural individual, firm, partnership,
9association, joint-stock joint stock company, joint venture,
10public or private corporation, limited liability company, or a
11receiver, executor, trustee, guardian, or other representative
12appointed by order of any court.
13    "Possession limit" means the amount of cannabis under
14Section 10-10 that may be possessed at any one time by a person
1521 years of age or older or who is a registered qualifying
16medical cannabis patient or caregiver under the Compassionate
17Use of Medical Cannabis Program Act.
18    "Principal officer" includes a cannabis business
19establishment applicant or licensed cannabis business
20establishment's board member, owner with more than 1% interest
21of the total cannabis business establishment or more than 5%
22interest of the total cannabis business establishment of a
23publicly traded company, president, vice president, secretary,
24treasurer, partner, officer, member, manager member, or person
25with a profit sharing, financial interest, or revenue sharing
26arrangement. The definition includes a person with authority

 

 

10300HB2911sam004- 92 -LRB103 26014 RJT 74237 a

1to control the cannabis business establishment, a person who
2assumes responsibility for the debts of the cannabis business
3establishment and who is further defined in this Act.
4    "Primary residence" means a dwelling where a person
5usually stays or stays more often than other locations. It may
6be determined by, without limitation, presence, tax filings;
7address on an Illinois driver's license, an Illinois
8Identification Card, or an Illinois Person with a Disability
9Identification Card; or voter registration. No person may have
10more than one primary residence.
11    "Processor license" means a license issued to an infuser
12organization that is licensed by the Department of Agriculture
13under subsection (f) of Section 35-31 to extract raw materials
14from cannabis flower.
15    "Provisional registration" means a document issued by the
16Department of Public Health to a qualifying patient who has
17submitted (i) an online application and paid a fee to
18participate in Compassionate Use of Medical Cannabis Program
19pending approval or denial of the patient's application or
20(ii) a completed application for terminal illness.
21    "Provisional patient" means a qualifying patient who has
22received a provisional registration from the Department of
23Public Health.
24    "Processing organization" or "processor" means a facility
25operated by an organization or business that is licensed by
26the Department of Agriculture to either extract constituent

 

 

10300HB2911sam004- 93 -LRB103 26014 RJT 74237 a

1chemicals or compounds to produce cannabis concentrate or
2incorporate cannabis or cannabis concentrate into a product
3formulation to produce a cannabis product.
4    "Processing organization agent" means a principal officer,
5board member, employee, or agent of a processing organization.
6    "Processing organization agent identification card" means
7a document issued by the Department of Agriculture that
8identifies a person as a processing organization agent.
9    "Purchaser" means a person 21 years of age or older who
10acquires cannabis for a valuable consideration. "Purchaser"
11does not include a cardholder under the Compassionate Use of
12Medical Cannabis Program Act.
13    "Qualifying Applicant" means an applicant that submitted
14an application pursuant to Section 15-30 that received at
15least 85% of 250 application points available under Section
1615-30 as the applicant's final score and meets the definition
17of "Social Equity Applicant" as set forth under this Section.
18    "Qualifying Social Equity Justice Involved Applicant"
19means an applicant that submitted an application pursuant to
20Section 15-30 that received at least 85% of 250 application
21points available under Section 15-30 as the applicant's final
22score and meets the criteria of either paragraph (1) or (2) of
23the definition of "Social Equity Applicant" as set forth under
24this Section.
25    "Qualified Social Equity Applicant" means a Social Equity
26Applicant who has been awarded a license or conditional

 

 

10300HB2911sam004- 94 -LRB103 26014 RJT 74237 a

1license under this Act to operate a cannabis business
2establishment.
3    "Qualifying patient" or "qualified patient" means a person
4who has been diagnosed by a certifying health care
5professional as having a debilitating medical condition.
6    "Resided" means an individual's primary residence was
7located within the relevant geographic area as established by
82 of the following:
9        (1) a signed lease agreement that includes the
10    applicant's name;
11        (2) a property deed that includes the applicant's
12    name;
13        (3) school records;
14        (4) a voter registration card;
15        (5) an Illinois driver's license, an Illinois
16    Identification Card, or an Illinois Person with a
17    Disability Identification Card;
18        (6) a paycheck stub;
19        (7) a utility bill;
20        (8) tax records; or
21        (9) any other proof of residency or other information
22    necessary to establish residence as provided by rule.
23    "Smoking" means the inhalation of smoke caused by the
24combustion of cannabis.
25    "Social Equity Applicant" means an applicant that is an
26Illinois resident that meets one of the following criteria:

 

 

10300HB2911sam004- 95 -LRB103 26014 RJT 74237 a

1        (1) an applicant with at least 51% ownership and
2    control by one or more individuals who have resided for at
3    least 5 of the preceding 10 years in a Disproportionately
4    Impacted Area;
5        (2) an applicant with at least 51% ownership and
6    control by one or more individuals who:
7            (i) have been arrested for, convicted of, or
8        adjudicated delinquent for any offense that is
9        eligible for expungement under this Act; or
10            (ii) is a member of an impacted family;
11        (3) for applicants with a minimum of 10 full-time
12    employees, an applicant with at least 51% of current
13    employees who:
14            (i) currently reside in a Disproportionately
15        Impacted Area; or
16            (ii) have been arrested for, convicted of, or
17        adjudicated delinquent for any offense that is
18        eligible for expungement under this Act or member of
19        an impacted family.
20    Nothing in this Act shall be construed to preempt or limit
21the duties of any employer under the Job Opportunities for
22Qualified Applicants Act. Nothing in this Act shall permit an
23employer to require an employee to disclose sealed or expunged
24offenses, unless otherwise required by law.
25    "Social Equity Criteria Lottery Licensee" means a holder
26of an adult use cannabis dispensary license awarded through a

 

 

10300HB2911sam004- 96 -LRB103 26014 RJT 74237 a

1lottery held under subsection (c) of Section 15-35.20.
2    "Tied Applicant" means an application submitted by a
3Dispensary Applicant pursuant to Section 15-30 that received
4the same number of application points under Section 15-30 as
5the Dispensary Applicant's final score as one or more
6top-scoring applications in the same BLS Region and would have
7been awarded a license but for the one or more other
8top-scoring applications that received the same number of
9application points. Each application for which a Dispensary
10Applicant was required to pay a required application fee for
11the application period ending January 2, 2020 shall be
12considered an application of a separate Tied Applicant.
13    "Tied Applicant Lottery" means the process established
14under 68 Ill. Adm. Code 1291.50 for awarding Conditional Adult
15Use Dispensing Organization Licenses pursuant to Sections
1615-25 and 15-30 among Eligible Tied Applicants.
17    "Tincture" means a cannabis-infused solution, typically
18composed comprised of alcohol, glycerin, or vegetable oils,
19derived either directly from the cannabis plant or from a
20processed cannabis extract. A tincture is not an alcoholic
21liquor as defined in the Liquor Control Act of 1934. A tincture
22shall include a calibrated dropper or other similar device
23capable of accurately measuring servings.
24    "Transporting organization" or "transporter" means an
25organization or business that is licensed by the Department of
26Agriculture to transport cannabis or cannabis-infused product

 

 

10300HB2911sam004- 97 -LRB103 26014 RJT 74237 a

1on behalf of a cannabis business establishment or a community
2college licensed under the Community College Cannabis
3Vocational Training Pilot Program.
4    "Transporting organization agent" means a principal
5officer, board member, employee, or agent of a transporting
6organization.
7    "Transporting organization agent identification card"
8means a document issued by the Department of Agriculture that
9identifies a person as a transporting organization agent.
10    "Unit of local government" means any county, city,
11village, or incorporated town.
12    "Vegetative stage" means the stage of cultivation in which
13a cannabis plant is propagated to produce additional cannabis
14plants or reach a sufficient size for production. This
15includes seedlings, clones, mothers, and other immature
16cannabis plants as follows:
17        (1) if the cannabis plant is in an area that has not
18    been intentionally deprived of light for a period of time
19    intended to produce flower buds and induce maturation, it
20    has no more than 2 stigmas visible at each internode of the
21    cannabis plant; or
22        (2) any cannabis plant that is cultivated solely for
23    the purpose of propagating clones and is never used to
24    produce cannabis.
25(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
26102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff.

 

 

10300HB2911sam004- 98 -LRB103 26014 RJT 74237 a

15-13-22.)
 
2    (410 ILCS 705/5-10)
3    Sec. 5-10. Department of Agriculture.
4    (a) The Department of Agriculture shall administer and
5enforce provisions of this Act relating to the oversight and
6registration of cultivation centers, craft growers, infuser
7organizations, and transporting organizations and agents,
8including the issuance of identification cards and
9establishing limits on potency or serving size for cannabis or
10cannabis products. The Department of Agriculture may suspend
11or revoke the license of, or impose other penalties upon
12cannabis testing facilities, cultivation centers, craft
13growers, infuser organizations, transporting organizations,
14and their principal officers, Agents-in-Charge, and agents for
15violations of this Act and any rules adopted under this Act.
16    (b) The Department of Agriculture may establish, by rule,
17market protections that protect against unfair business
18practices, including, but not limited to, price-fixing, bid
19rigging, boycotts, agreements to not compete, exclusive
20wholesale arrangements for cannabis concentrate, cannabis
21flower, cannabis-infused products, and any product that is
22licensed under this Act to ensure all license types have equal
23access to the market without unfair competition.
24    (c) The Department of Agriculture may adopt rules and
25emergency rules in accordance with the Illinois Administrative

 

 

10300HB2911sam004- 99 -LRB103 26014 RJT 74237 a

1Procedure Act and prescribe forms and fees relating to the
2administration and enforcement of this amendatory Act of the
3103rd General Assembly, as it deems appropriate.
4(Source: P.A. 101-27, eff. 6-25-19.)
 
5    (410 ILCS 705/5-15)
6    Sec. 5-15. Department of Financial and Professional
7Regulation.
8    (a) The Department of Financial and Professional
9Regulation shall enforce the provisions of this Act relating
10to the oversight and registration of dispensing organizations
11and agents, including the issuance of identification cards for
12dispensing organization agents. The Department of Financial
13and Professional Regulation may suspend or revoke the license
14of, or otherwise discipline dispensing organizations,
15principal officers, agents-in-charge, and agents for
16violations of this Act and any rules adopted under this Act.
17    (b) The Department of Financial and Professional
18Regulation may establish, by rule, market protections that
19protect against unfair business practices, including, but not
20limited to, price-fixing, bid rigging, boycotts, agreements to
21not compete, exclusive wholesale arrangements for cannabis
22concentrate, cannabis flower, cannabis-infused products, and
23any product that is licensed under this Act to ensure all
24license types have equal access to the market without unfair
25competition.

 

 

10300HB2911sam004- 100 -LRB103 26014 RJT 74237 a

1(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
2    (410 ILCS 705/7-10)
3    Sec. 7-10. Cannabis Business Development Fund.
4    (a) There is created in the State treasury a special fund,
5which shall be held separate and apart from all other State
6moneys, to be known as the Cannabis Business Development Fund.
7The Cannabis Business Development Fund shall be exclusively
8used for the following purposes:
9        (1) to provide low-interest rate loans to Qualified
10    Social Equity Applicants and Social Equity Criteria
11    Lottery Licensees to pay for ordinary and necessary
12    expenses to start and operate a cannabis business
13    establishment permitted by this Act;
14        (2) to provide grants to Qualified Social Equity
15    Applicants to pay for ordinary and necessary expenses to
16    start and operate a cannabis business establishment
17    permitted by this Act;
18        (3) to compensate the Department of Commerce and
19    Economic Opportunity for any costs related to the
20    provision of low-interest loans and grants to Qualified
21    Social Equity Applicants and Social Equity Criteria
22    Lottery Licensees;
23        (4) to pay for outreach that may be provided or
24    targeted to attract and support Social Equity Applicants,
25    and Qualified Social Equity Applicants, and Social Equity

 

 

10300HB2911sam004- 101 -LRB103 26014 RJT 74237 a

1    Criteria Lottery Licensees;
2        (5) (blank);
3        (5.5) to provide financial assistance that supports
4    lending to or private investment in Qualified Social
5    Equity Applicants and Social Equity Criteria Lottery
6    Licensees or that facilitates access to the facilities
7    needed to commence operations as a cannabis business
8    establishment;
9        (6) to conduct any study or research concerning the
10    participation of minorities, women, veterans, or people
11    with disabilities in the cannabis industry, including,
12    without limitation, barriers to such individuals entering
13    the industry as equity owners of cannabis business
14    establishments;
15        (7) (blank); and
16        (8) to assist with job training and technical
17    assistance for residents in Disproportionately Impacted
18    Areas.
19    (b) All moneys collected under Sections 15-15 and 15-20
20for Early Approval Adult Use Dispensing Organization Licenses
21issued before January 1, 2021 and remunerations made as a
22result of transfers of permits awarded to Qualified Social
23Equity Applicants shall be deposited into the Cannabis
24Business Development Fund.
25    (c) (Blank).
26    (c-5) In addition to any other transfers that may be

 

 

10300HB2911sam004- 102 -LRB103 26014 RJT 74237 a

1provided for by law, on July 1, 2023, or as soon thereafter as
2practical, the State Comptroller shall direct and the State
3Treasurer shall transfer the sum of $40,000,000 from the
4Compassionate Use of Medical Cannabis Fund to the Cannabis
5Business Development Fund.
6    (d) Notwithstanding any other law to the contrary, the
7Cannabis Business Development Fund is not subject to sweeps,
8administrative charge-backs, or any other fiscal or budgetary
9maneuver that would in any way transfer any amounts from the
10Cannabis Business Development Fund into any other fund of the
11State.
12(Source: P.A. 103-8, eff. 6-7-23.)
 
13    (410 ILCS 705/7-15)
14    Sec. 7-15. Loans, financial assistance, and grants to
15Qualified Social Equity Applicants and Social Equity Criteria
16Lottery Licensees.
17    (a) The Department of Commerce and Economic Opportunity
18shall establish grant, and loan, and financial assistance
19programs, subject to appropriations from the Cannabis Business
20Development Fund, for the purposes of providing financial
21assistance, loans, grants, and technical assistance to
22Qualified Social Equity Applicants and Social Equity Criteria
23Lottery Licensees.
24    (b) The Department of Commerce and Economic Opportunity
25has the power to:

 

 

10300HB2911sam004- 103 -LRB103 26014 RJT 74237 a

1        (1) provide Cannabis Social Equity loans, financial
2    assistance, and grants from appropriations from the
3    Cannabis Business Development Fund to assist Qualified
4    Social Equity Applicants and Social Equity Criteria
5    Lottery Licensees in gaining entry to, and successfully
6    operating in, the State's regulated cannabis marketplace;
7        (2) enter into agreements that set forth terms and
8    conditions of the financial assistance, accept funds or
9    grants, and engage in cooperation with private entities
10    and agencies of State or local government to carry out the
11    purposes of this Section;
12        (3) fix, determine, charge, and collect any premiums,
13    fees, charges, costs and expenses, including application
14    fees, commitment fees, program fees, financing charges, or
15    publication fees in connection with its activities under
16    this Section;
17        (4) coordinate assistance under these financial
18    assistance loan programs with activities of the Illinois
19    Department of Financial and Professional Regulation, the
20    Illinois Department of Agriculture, and other agencies as
21    needed to maximize the effectiveness and efficiency of
22    this Act;
23        (5) provide staff, administration, and related support
24    required to administer this Section;
25        (6) take whatever actions are necessary or appropriate
26    to protect the State's interest in the event of

 

 

10300HB2911sam004- 104 -LRB103 26014 RJT 74237 a

1    bankruptcy, default, foreclosure, or noncompliance with
2    the terms and conditions of financial assistance provided
3    under this Section, including the ability to recapture
4    funds if the recipient is found to be noncompliant with
5    the terms and conditions of the financial assistance
6    agreement;
7        (6.5) enter into financial intermediary agreements to
8    facilitate lending to or investment in Qualified Social
9    Equity Applicants, Social Equity Criteria Lottery
10    Licensees, or their subsidiaries or affiliates to ensure
11    the availability of facilities necessary to operate a
12    cannabis business establishment;
13        (7) establish application, notification, contract, and
14    other forms, procedures, or rules deemed necessary and
15    appropriate; and
16        (8) utilize vendors or contract work to carry out the
17    purposes of this Act.
18    (c) Loans made under this Section:
19        (1) shall only be made if, in the Department's
20    judgment, the project furthers the goals set forth in this
21    Act; and
22        (2) shall be in such principal amount and form and
23    contain such terms and provisions with respect to
24    security, insurance, reporting, delinquency charges,
25    default remedies, forgiveness, and other matters as the
26    Department shall determine appropriate to protect the

 

 

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1    public interest and to be consistent with the purposes of
2    this Section. The terms and provisions may be less than
3    required for similar loans not covered by this Section;
4    and .
5        (3) may be distributed by a lottery if the Department
6    determines that the amount of funding available is
7    insufficient to provide an adequate amount of funding for
8    all of the applicants eligible to receive a loan.
9    The Department may determine the number of loans available
10based on the amount of funding available and communicate the
11number of loans available on the loan application. The
12Department may use competitive criteria to establish which
13applicants are eligible to receive a grant, loan, or financial
14assistance.
15    (d) Grants made under this Section shall be awarded on a
16competitive and annual basis under the Grant Accountability
17and Transparency Act. Grants made under this Section shall
18further and promote the goals of this Act, including promotion
19of Social Equity Applicants, Qualified Social Equity
20Applicants, or Social Equity Criteria Lottery Licensees, job
21training and workforce development, and technical assistance
22to Social Equity Applicants. To the extent registration with
23the federal System for Award Management requires a grant
24applicant to certify compliance with all federal laws, the
25grant applicants under this Section shall not be required to
26register for a unique entity identifier through the federal

 

 

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1System for Award Management to be qualified to receive a grant
2so long as federal law prohibits the cultivation and sale of
3cannabis.
4    (d-5) Financial intermediary agreements to provide
5financial assistance must further the goals set forth in this
6Act and result in financing or lease costs that are affordable
7or below market rate.
8    (e) Beginning January 1, 2021 and each year thereafter,
9the Department shall annually report to the Governor and the
10General Assembly on the outcomes and effectiveness of this
11Section that shall include the following:
12        (1) the number of persons or businesses receiving
13    financial assistance under this Section;
14        (2) the amount in financial assistance awarded in the
15    aggregate, in addition to the amount of loans made that
16    are outstanding and the amount of grants awarded;
17        (3) the location of the project engaged in by the
18    person or business; and
19        (4) if applicable, the number of new jobs and other
20    forms of economic output created as a result of the
21    financial assistance.
22    (f) The Department of Commerce and Economic Opportunity
23shall include engagement with individuals with limited English
24proficiency as part of its outreach provided or targeted to
25attract and support Social Equity Applicants.
26(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 

 

 

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1    (410 ILCS 705/10-15)
2    Sec. 10-15. Persons under 21 years of age.
3    (a) Nothing in this Act is intended to permit the transfer
4of cannabis, with or without remuneration, to a person under
521 years of age, or to allow a person under 21 years of age to
6purchase, possess, use, process, transport, grow, or consume
7cannabis except where authorized by this Act, the
8Compassionate Use of Medical Cannabis Program Act, or by the
9Community College Cannabis Vocational Pilot Program.
10    (b) Notwithstanding any other provisions of law
11authorizing the possession of medical cannabis, nothing in
12this Act authorizes a person who is under 21 years of age to
13possess cannabis. A person under 21 years of age with cannabis
14in his or her possession is guilty of a civil law violation as
15outlined in paragraph (a) of Section 4 of the Cannabis Control
16Act.
17    (c) If the person under the age of 21 was in a motor
18vehicle at the time of the offense, the Secretary of State may
19suspend or revoke the driving privileges of any person for a
20violation of this Section under Section 6-206 of the Illinois
21Vehicle Code and the rules adopted under it.
22    (d) It is unlawful for any parent or guardian to knowingly
23permit his or her residence, any other private property under
24his or her control, or any vehicle, conveyance, or watercraft
25under his or her control to be used by an invitee of the

 

 

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1parent's child or the guardian's ward, if the invitee is under
2the age of 21, in a manner that constitutes a violation of this
3Section. A parent or guardian is deemed to have knowingly
4permitted his or her residence, any other private property
5under his or her control, or any vehicle, conveyance, or
6watercraft under his or her control to be used in violation of
7this Section if he or she knowingly authorizes or permits
8consumption of cannabis by underage invitees. Any person who
9violates this subsection (d) is guilty of a Class A
10misdemeanor and the person's sentence shall include, but shall
11not be limited to, a fine of not less than $500. If a violation
12of this subsection (d) directly or indirectly results in great
13bodily harm or death to any person, the person violating this
14subsection is guilty of a Class 4 felony. In this subsection
15(d), where the residence or other property has an owner and a
16tenant or lessee, the trier of fact may infer that the
17residence or other property is occupied only by the tenant or
18lessee.
19(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
20    (410 ILCS 705/15-15)
21    Sec. 15-15. Early Approval Adult Use Dispensing
22Organization License.
23    (a) Any medical cannabis dispensing organization holding a
24valid registration under the Compassionate Use of Medical
25Cannabis Program Act as of the effective date of this Act may,

 

 

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1within 60 days of the effective date of this Act, apply to the
2Department for an Early Approval Adult Use Dispensing
3Organization License to serve purchasers at any medical
4cannabis dispensing location in operation on the effective
5date of this Act, pursuant to this Section.
6    (b) A medical cannabis dispensing organization seeking
7issuance of an Early Approval Adult Use Dispensing
8Organization License to serve purchasers at any medical
9cannabis dispensing location in operation as of the effective
10date of this Act shall submit an application on forms provided
11by the Department. The application must be submitted by the
12same person or entity that holds the medical cannabis
13dispensing organization registration and include the
14following:
15        (1) Payment of a nonrefundable fee of $30,000 to be
16    deposited into the Cannabis Regulation Fund;
17        (2) Proof of registration as a medical cannabis
18    dispensing organization that is in good standing;
19        (3) Certification that the applicant will comply with
20    the requirements contained in the Compassionate Use of
21    Medical Cannabis Program Act except as provided in this
22    Act;
23        (4) The legal name of the dispensing organization;
24        (5) The physical address of the dispensing
25    organization;
26        (6) The name, address, social security number, and

 

 

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1    date of birth of each principal officer and board member
2    of the dispensing organization, each of whom must be at
3    least 21 years of age;
4        (7) A nonrefundable Cannabis Business Development Fee
5    equal to 3% of the dispensing organization's total sales
6    between June 1, 2018 to June 1, 2019, or $100,000,
7    whichever is less, to be deposited into the Cannabis
8    Business Development Fund; and
9        (8) Identification of one of the following Social
10    Equity Inclusion Plans to be completed by March 31, 2021:
11            (A) Make a contribution of 3% of total sales from
12        June 1, 2018 to June 1, 2019, or $100,000, whichever is
13        less, to the Cannabis Business Development Fund. This
14        is in addition to the fee required by item (7) of this
15        subsection (b);
16            (B) Make a grant of 3% of total sales from June 1,
17        2018 to June 1, 2019, or $100,000, whichever is less,
18        to a cannabis industry training or education program
19        at an Illinois community college as defined in the
20        Public Community College Act;
21            (C) Make a donation of $100,000 or more to a
22        program that provides job training services to persons
23        recently incarcerated or that operates in a
24        Disproportionately Impacted Area;
25            (D) Participate as a host in a cannabis business
26        establishment incubator program approved by the

 

 

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1        Department of Commerce and Economic Opportunity, and
2        in which an Early Approval Adult Use Dispensing
3        Organization License holder agrees to provide a loan
4        of at least $100,000 and mentorship to incubate, for
5        at least a year, a Social Equity Applicant intending
6        to seek a license or a licensee that qualifies as a
7        Social Equity Applicant. As used in this Section,
8        "incubate" means providing direct financial assistance
9        and training necessary to engage in licensed cannabis
10        industry activity similar to that of the host
11        licensee. The Early Approval Adult Use Dispensing
12        Organization License holder or the same entity holding
13        any other licenses issued pursuant to this Act shall
14        not take an ownership stake of greater than 10% in any
15        business receiving incubation services to comply with
16        this subsection. If an Early Approval Adult Use
17        Dispensing Organization License holder fails to find a
18        business to incubate to comply with this subsection
19        before its Early Approval Adult Use Dispensing
20        Organization License expires, it may opt to meet the
21        requirement of this subsection by completing another
22        item from this subsection; or
23            (E) Participate in a sponsorship program for at
24        least 2 years approved by the Department of Commerce
25        and Economic Opportunity in which an Early Approval
26        Adult Use Dispensing Organization License holder

 

 

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1        agrees to provide an interest-free loan of at least
2        $200,000 to a Social Equity Applicant. The sponsor
3        shall not take an ownership stake in any cannabis
4        business establishment receiving sponsorship services
5        to comply with this subsection.
6    (b-5) Beginning 90 days after the effective date of this
7amendatory Act of the 102nd General Assembly, an Early
8Approval Adult Use Dispensing Organization licensee whose
9license was issued pursuant to this Section may apply to
10relocate within the same geographic district where its
11existing associated medical cannabis dispensing organization
12dispensary licensed under the Compassionate Use of Medical
13Cannabis Program Act is authorized to operate. A request to
14relocate under this subsection is subject to approval by the
15Department. An Early Approval Adult Use Dispensing
16Organization's application to relocate its license under this
17subsection shall be deemed approved 30 days following the
18submission of a complete application to relocate, unless
19sooner approved or denied in writing by the Department. If an
20application to relocate is denied, the Department shall
21provide, in writing, the specific reason for denial.
22    An Early Approval Adult Use Dispensing Organization may
23request to relocate under this subsection if:
24        (1) its existing location is within the boundaries of
25    a unit of local government that prohibits the sale of
26    adult use cannabis; or

 

 

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1        (2) the Early Approval Adult Use Dispensing
2    Organization has obtained the approval of the municipality
3    or, if outside the boundaries of a municipality in an
4    unincorporated area of the county, the approval of the
5    county where the existing license is located to move to
6    another location within that unit of local government.
7    At no time may an Early Approval Adult Use Dispensing
8Organization dispensary licensed under this Section operate in
9a separate facility from its associated medical cannabis
10dispensing organization dispensary licensed under the
11Compassionate Use of Medical Cannabis Program Act. The
12relocation of an Early Approval Adult Use Dispensing
13Organization License under this subsection shall be subject to
14Sections 55-25 and 55-28 of this Act.
15    (c) The license fee required by paragraph (1) of
16subsection (b) of this Section shall be in addition to any
17license fee required for the renewal of a registered medical
18cannabis dispensing organization license.
19    (d) Applicants must submit all required information,
20including the requirements in subsection (b) of this Section,
21to the Department. Failure by an applicant to submit all
22required information may result in the application being
23disqualified.
24    (e) If the Department receives an application that fails
25to provide the required elements contained in subsection (b),
26the Department shall issue a deficiency notice to the

 

 

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1applicant. The applicant shall have 10 calendar days from the
2date of the deficiency notice to submit complete information.
3Applications that are still incomplete after this opportunity
4to cure may be disqualified.
5    (f) If an applicant meets all the requirements of
6subsection (b) of this Section, the Department shall issue the
7Early Approval Adult Use Dispensing Organization License
8within 14 days of receiving a completed application unless:
9        (1) The licensee or a principal officer is delinquent
10    in filing any required tax returns or paying any amounts
11    owed to the State of Illinois;
12        (2) The Secretary of Financial and Professional
13    Regulation determines there is reason, based on documented
14    compliance violations, the licensee is not entitled to an
15    Early Approval Adult Use Dispensing Organization License;
16    or
17        (3) Any principal officer fails to register and remain
18    in compliance with this Act or the Compassionate Use of
19    Medical Cannabis Program Act.
20    (g) A registered medical cannabis dispensing organization
21that obtains an Early Approval Adult Use Dispensing
22Organization License may begin selling cannabis,
23cannabis-infused products, paraphernalia, and related items to
24purchasers under the rules of this Act no sooner than January
251, 2020.
26    (h) A dispensing organization holding a medical cannabis

 

 

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1dispensing organization license issued under the Compassionate
2Use of Medical Cannabis Program Act must maintain an adequate
3supply of cannabis and cannabis-infused products for purchase
4by qualifying patients, designated caregivers, provisional
5patients, and Opioid Alternative Pilot Program participants.
6For the purposes of this subsection, "adequate supply" means a
7monthly inventory level that is comparable in type and
8quantity to those medical cannabis products provided to
9qualified patients, provisional patients, and designated
10caregivers on an average monthly basis for the 6 months before
11the effective date of this Act.
12    (i) If there is a shortage of cannabis or cannabis-infused
13products, a dispensing organization holding both a dispensing
14organization license under the Compassionate Use of Medical
15Cannabis Program Act and this Act shall prioritize serving
16qualifying patients, designated caregivers, provisional
17patients, and Opioid Alternative Pilot Program participants
18before serving purchasers.
19    (j) Notwithstanding any law or rule to the contrary, a
20person that holds a medical cannabis dispensing organization
21license issued under the Compassionate Use of Medical Cannabis
22Program Act and an Early Approval Adult Use Dispensing
23Organization License may permit purchasers into a limited
24access area as that term is defined in administrative rules
25made under the authority in the Compassionate Use of Medical
26Cannabis Program Act.

 

 

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1    (k) An Early Approval Adult Use Dispensing Organization
2License is valid until March 31, 2021. A dispensing
3organization that obtains an Early Approval Adult Use
4Dispensing Organization License shall receive written or
5electronic notice 90 days before the expiration of the license
6that the license will expire, and that informs the license
7holder that it may apply to renew its Early Approval Adult Use
8Dispensing Organization License on forms provided by the
9Department. The Department shall renew the Early Approval
10Adult Use Dispensing Organization License within 60 days of
11the renewal application being deemed complete if:
12        (1) the dispensing organization submits an application
13    and the required nonrefundable renewal fee of $30,000, to
14    be deposited into the Cannabis Regulation Fund;
15        (2) the Department has not suspended or permanently
16    revoked the Early Approval Adult Use Dispensing
17    Organization License or a medical cannabis dispensing
18    organization license on the same premises for violations
19    of this Act, the Compassionate Use of Medical Cannabis
20    Program Act, or rules adopted pursuant to those Acts;
21        (3) the dispensing organization has completed a Social
22    Equity Inclusion Plan as provided by parts (A), (B), and
23    (C) of paragraph (8) of subsection (b) of this Section or
24    has made substantial progress toward completing a Social
25    Equity Inclusion Plan as provided by parts (D) and (E) of
26    paragraph (8) of subsection (b) of this Section; and

 

 

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1        (4) the dispensing organization is in compliance with
2    this Act and rules.
3    (l) The Early Approval Adult Use Dispensing Organization
4License renewed pursuant to subsection (k) of this Section
5shall expire March 31, 2022. The Early Approval Adult Use
6Dispensing Organization Licensee shall receive written or
7electronic notice 90 days before the expiration of the license
8that the license will expire, and that informs the license
9holder that it may apply for an Adult Use Dispensing
10Organization License on forms provided by the Department. The
11Department shall grant an Adult Use Dispensing Organization
12License within 60 days of an application being deemed complete
13if the applicant has met all of the criteria in Section 15-36.
14    (m) If a dispensing organization fails to submit an
15application for renewal of an Early Approval Adult Use
16Dispensing Organization License or for an Adult Use Dispensing
17Organization License before the expiration dates provided in
18subsections (k) and (l) of this Section, the dispensing
19organization shall cease serving purchasers and cease all
20operations until it receives a renewal or an Adult Use
21Dispensing Organization License, as the case may be.
22    (n) A dispensing organization agent who holds a valid
23dispensing organization agent identification card issued under
24the Compassionate Use of Medical Cannabis Program Act and is
25an officer, director, manager, or employee of the dispensing
26organization licensed under this Section may engage in all

 

 

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1activities authorized by this Article to be performed by a
2dispensing organization agent.
3    (o) If the Department suspends, permanently revokes, or
4otherwise disciplines the Early Approval Adult Use Dispensing
5Organization License of a dispensing organization that also
6holds a medical cannabis dispensing organization license
7issued under the Compassionate Use of Medical Cannabis Program
8Act, the Department may consider the suspension, permanent
9revocation, or other discipline of the medical cannabis
10dispensing organization license.
11    (p) All fees collected pursuant to this Section shall be
12deposited into the Cannabis Regulation Fund, unless otherwise
13specified.
14(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
15102-98, eff. 7-15-21.)
 
16    (410 ILCS 705/15-20)
17    Sec. 15-20. Early Approval Adult Use Dispensing
18Organization License; secondary site.
19    (a) Any medical cannabis dispensing organization holding a
20valid registration under the Compassionate Use of Medical
21Cannabis Program Act as of the effective date of this Act may,
22within 60 days of the effective date of this Act, apply to the
23Department for an Early Approval Adult Use Dispensing
24Organization License to operate a dispensing organization to
25serve purchasers at a secondary site not within 1,500 feet of

 

 

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1another medical cannabis dispensing organization or adult use
2dispensing organization. The Early Approval Adult Use
3Dispensing Organization secondary site shall be within any BLS
4Region that shares territory with the dispensing organization
5district to which the medical cannabis dispensing organization
6is assigned under the administrative rules for dispensing
7organizations under the Compassionate Use of Medical Cannabis
8Program Act.
9    (a-5) If, within 360 days of the effective date of this
10Act, a dispensing organization is unable to find a location
11within the BLS Regions prescribed in subsection (a) of this
12Section in which to operate an Early Approval Adult Use
13Dispensing Organization at a secondary site because no
14jurisdiction within the prescribed area allows the operation
15of an Adult Use Cannabis Dispensing Organization, the
16Department of Financial and Professional Regulation may waive
17the geographic restrictions of subsection (a) of this Section
18and specify another BLS Region into which the dispensary may
19be placed.
20    (b) (Blank).
21    (c) A medical cannabis dispensing organization seeking
22issuance of an Early Approval Adult Use Dispensing
23Organization License at a secondary site to serve purchasers
24at a secondary site as prescribed in subsection (a) of this
25Section shall submit an application on forms provided by the
26Department. The application must meet or include the following

 

 

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1qualifications:
2        (1) a payment of a nonrefundable application fee of
3    $30,000;
4        (2) proof of registration as a medical cannabis
5    dispensing organization that is in good standing;
6        (3) submission of the application by the same person
7    or entity that holds the medical cannabis dispensing
8    organization registration;
9        (4) the legal name of the medical cannabis dispensing
10    organization;
11        (5) the physical address of the medical cannabis
12    dispensing organization and the proposed physical address
13    of the secondary site;
14        (6) a copy of the current local zoning ordinance
15    Sections relevant to dispensary operations and
16    documentation of the approval, the conditional approval or
17    the status of a request for zoning approval from the local
18    zoning office that the proposed dispensary location is in
19    compliance with the local zoning rules;
20        (7) a plot plan of the dispensary drawn to scale. The
21    applicant shall submit general specifications of the
22    building exterior and interior layout;
23        (8) a statement that the dispensing organization
24    agrees to respond to the Department's supplemental
25    requests for information;
26        (9) for the building or land to be used as the proposed

 

 

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1    dispensary:
2            (A) if the property is not owned by the applicant,
3        a written statement from the property owner and
4        landlord, if any, certifying consent that the
5        applicant may operate a dispensary on the premises; or
6            (B) if the property is owned by the applicant,
7        confirmation of ownership;
8        (10) a copy of the proposed operating bylaws;
9        (11) a copy of the proposed business plan that
10    complies with the requirements in this Act, including, at
11    a minimum, the following:
12            (A) a description of services to be offered; and
13            (B) a description of the process of dispensing
14        cannabis;
15        (12) a copy of the proposed security plan that
16    complies with the requirements in this Article, including:
17            (A) a description of the delivery process by which
18        cannabis will be received from a transporting
19        organization, including receipt of manifests and
20        protocols that will be used to avoid diversion, theft,
21        or loss at the dispensary acceptance point; and
22            (B) the process or controls that will be
23        implemented to monitor the dispensary, secure the
24        premises, agents, patients, and currency, and prevent
25        the diversion, theft, or loss of cannabis; and
26            (C) the process to ensure that access to the

 

 

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1        restricted access areas is restricted to, registered
2        agents, service professionals, transporting
3        organization agents, Department inspectors, and
4        security personnel;
5        (13) a proposed inventory control plan that complies
6    with this Section;
7        (14) the name, address, social security number, and
8    date of birth of each principal officer and board member
9    of the dispensing organization; each of those individuals
10    shall be at least 21 years of age;
11        (15) a nonrefundable Cannabis Business Development Fee
12    equal to $200,000, to be deposited into the Cannabis
13    Business Development Fund; and
14        (16) a commitment to completing one of the following
15    Social Equity Inclusion Plans in subsection (d).
16    (d) Before receiving an Early Approval Adult Use
17Dispensing Organization License at a secondary site, a
18dispensing organization shall indicate the Social Equity
19Inclusion Plan that the applicant plans to achieve before the
20expiration of the Early Approval Adult Use Dispensing
21Organization License from the list below:
22        (1) make a contribution of 3% of total sales from June
23    1, 2018 to June 1, 2019, or $100,000, whichever is less, to
24    the Cannabis Business Development Fund. This is in
25    addition to the fee required by paragraph (16) of
26    subsection (c) of this Section;

 

 

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

 

 

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1    Dispensing Organization License at a secondary site holder
2    fails to find a business to incubate in order to comply
3    with this subsection before its Early Approval Adult Use
4    Dispensing Organization License at a secondary site
5    expires, it may opt to meet the requirement of this
6    subsection by completing another item from this subsection
7    before the expiration of its Early Approval Adult Use
8    Dispensing Organization License at a secondary site to
9    avoid a penalty; or
10        (5) participate in a sponsorship program for at least
11    2 years approved by the Department of Commerce and
12    Economic Opportunity in which an Early Approval Adult Use
13    Dispensing Organization License at a secondary site holder
14    agrees to provide an interest-free loan of at least
15    $200,000 to a Social Equity Applicant. The sponsor shall
16    not take an ownership stake of greater than 10% in any
17    business receiving sponsorship services to comply with
18    this subsection.
19    (e) The license fee required by paragraph (1) of
20subsection (c) of this Section is in addition to any license
21fee required for the renewal of a registered medical cannabis
22dispensing organization license.
23    (f) Applicants must submit all required information,
24including the requirements in subsection (c) of this Section,
25to the Department. Failure by an applicant to submit all
26required information may result in the application being

 

 

10300HB2911sam004- 125 -LRB103 26014 RJT 74237 a

1disqualified. Principal officers shall not be required to
2submit to the fingerprint and background check requirements of
3Section 5-20.
4    (g) If the Department receives an application that fails
5to provide the required elements contained in subsection (c),
6the Department shall issue a deficiency notice to the
7applicant. The applicant shall have 10 calendar days from the
8date of the deficiency notice to submit complete information.
9Applications that are still incomplete after this opportunity
10to cure may be disqualified.
11    (h) Once all required information and documents have been
12submitted, the Department will review the application. The
13Department may request revisions and retains final approval
14over dispensary features. Once the application is complete and
15meets the Department's approval, the Department shall
16conditionally approve the license. Final approval is
17contingent on the build-out and Department inspection.
18    (i) Upon submission of the Early Approval Adult Use
19Dispensing Organization at a secondary site application, the
20applicant shall request an inspection and the Department may
21inspect the Early Approval Adult Use Dispensing Organization's
22secondary site to confirm compliance with the application and
23this Act.
24    (j) The Department shall only issue an Early Approval
25Adult Use Dispensing Organization License at a secondary site
26after the completion of a successful inspection.

 

 

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1    (k) If an applicant passes the inspection under this
2Section, the Department shall issue the Early Approval Adult
3Use Dispensing Organization License at a secondary site within
410 business days unless:
5        (1) The licensee, any principal officer or board
6    member of the licensee, or any person having a financial
7    or voting interest of 5% or greater in the licensee is
8    delinquent in filing any required tax returns or paying
9    any amounts owed to the State of Illinois; or
10        (2) The Secretary of Financial and Professional
11    Regulation determines there is reason, based on documented
12    compliance violations, the licensee is not entitled to an
13    Early Approval Adult Use Dispensing Organization License
14    at its secondary site.
15    (l) Once the Department has issued a license, the
16dispensing organization shall notify the Department of the
17proposed opening date.
18    (m) A registered medical cannabis dispensing organization
19that obtains an Early Approval Adult Use Dispensing
20Organization License at a secondary site may begin selling
21cannabis, cannabis-infused products, paraphernalia, and
22related items to purchasers under the rules of this Act no
23sooner than January 1, 2020.
24    (n) If there is a shortage of cannabis or cannabis-infused
25products, a dispensing organization holding both a dispensing
26organization license under the Compassionate Use of Medical

 

 

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1Cannabis Program Act and this Article shall prioritize serving
2qualifying patients, provisional patients, and designated
3caregivers before serving purchasers.
4    (o) An Early Approval Adult Use Dispensing Organization
5License at a secondary site is valid until March 31, 2021. A
6dispensing organization that obtains an Early Approval Adult
7Use Dispensing Organization License at a secondary site shall
8receive written or electronic notice 90 days before the
9expiration of the license that the license will expire, and
10inform the license holder that it may renew its Early Approval
11Adult Use Dispensing Organization License at a secondary site.
12The Department shall renew an Early Approval Adult Use
13Dispensing Organization License at a secondary site within 60
14days of submission of the renewal application being deemed
15complete if:
16        (1) the dispensing organization submits an application
17    and the required nonrefundable renewal fee of $30,000, to
18    be deposited into the Cannabis Regulation Fund;
19        (2) the Department has not suspended or permanently
20    revoked the Early Approval Adult Use Dispensing
21    Organization License or a medical cannabis dispensing
22    organization license held by the same person or entity for
23    violating this Act or rules adopted under this Act or the
24    Compassionate Use of Medical Cannabis Program Act or rules
25    adopted under that Act; and
26        (3) the dispensing organization has completed a Social

 

 

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1    Equity Inclusion Plan provided by paragraph (1), (2), or
2    (3) of subsection (d) of this Section or has made
3    substantial progress toward completing a Social Equity
4    Inclusion Plan provided by paragraph (4) or (5) of
5    subsection (d) of this Section.
6    (p) The Early Approval Adult Use Dispensing Organization
7Licensee at a secondary site renewed pursuant to subsection
8(o) shall receive written or electronic notice 90 days before
9the expiration of the license that the license will expire,
10and that informs the license holder that it may apply for an
11Adult Use Dispensing Organization License on forms provided by
12the Department. The Department shall grant an Adult Use
13Dispensing Organization License within 60 days of an
14application being deemed complete if the applicant has meet
15all of the criteria in Section 15-36.
16    (q) If a dispensing organization fails to submit an
17application for renewal of an Early Approval Adult Use
18Dispensing Organization License or for an Adult Use Dispensing
19Organization License before the expiration dates provided in
20subsections (o) and (p) of this Section, the dispensing
21organization shall cease serving purchasers until it receives
22a renewal or an Adult Use Dispensing Organization License.
23    (r) A dispensing organization agent who holds a valid
24dispensing organization agent identification card issued under
25the Compassionate Use of Medical Cannabis Program Act and is
26an officer, director, manager, or employee of the dispensing

 

 

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1organization licensed under this Section may engage in all
2activities authorized by this Article to be performed by a
3dispensing organization agent.
4    (s) If the Department suspends, permanently revokes, or
5otherwise disciplines the Early Approval Adult Use Dispensing
6Organization License of a dispensing organization that also
7holds a medical cannabis dispensing organization license
8issued under the Compassionate Use of Medical Cannabis Program
9Act, the Department may consider the suspension, permanent
10revocation, or other discipline as grounds to take
11disciplinary action against the medical cannabis dispensing
12organization.
13    (t) All fees collected pursuant to this Section shall be
14deposited into the Cannabis Regulation Fund, unless otherwise
15specified.
16(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
17    (410 ILCS 705/15-24 new)
18    Sec. 15-24. Adult Use Dispensing Organization licensees
19relocation.
20    (a) An Adult Use Dispensing Organization licensee may
21apply to relocate within the licensee's specific BLS Region. A
22request to relocate under this Section is subject to approval
23by the Department. An Adult Use Dispensing Organization's
24application to relocate its license under this Section shall
25be considered to be approved 30 days following the submission

 

 

10300HB2911sam004- 130 -LRB103 26014 RJT 74237 a

1of a complete application to relocate, unless the request is
2sooner approved or denied in writing by the Department. If an
3application to relocate is denied, the Department shall
4provide, in writing, the specific reason for denial. An Adult
5Use Dispensing Organization may request to relocate under this
6Section if:
7        (1) the Adult Use Dispensing Organization's existing
8    location is within the boundaries of a unit of local
9    government that prohibits the sale of adult use cannabis;
10        (2) the Adult Use Dispensing Organization has obtained
11    the approval of the municipality or, if outside the
12    boundaries of a municipality in an unincorporated area of
13    the county, the approval of the county where the existing
14    license is located, to move to another location within
15    that unit of local government; or
16        (3) the Adult Use Dispensing Organization has obtained
17    the approval, as evidenced by a letter of intent or full
18    zoning approval, to operate within the boundaries of a new
19    unit of local government, so long as the new unit of local
20    government is within the dispensing organization's
21    specific BLS Region.
22    (b) The relocation of an Adult Use Dispensing Organization
23Licensee under this Section shall be subject to Sections 55-25
24and 55-28.
 
25    (410 ILCS 705/15-25)

 

 

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1    Sec. 15-25. Awarding of Conditional Adult Use Dispensing
2Organization Licenses prior to January 1, 2021.
3    (a) The Department shall issue up to 75 Conditional Adult
4Use Dispensing Organization Licenses before May 1, 2020.
5    (b) The Department shall make the application for a
6Conditional Adult Use Dispensing Organization License
7available no later than October 1, 2019 and shall accept
8applications no later than January 1, 2020.
9    (c) To ensure the geographic dispersion of Conditional
10Adult Use Dispensing Organization License holders, the
11following number of licenses shall be awarded in each BLS
12Region as determined by each region's percentage of the
13State's population:
14        (1) Bloomington: 1
15        (2) Cape Girardeau: 1
16        (3) Carbondale-Marion: 1
17        (4) Champaign-Urbana: 1
18        (5) Chicago-Naperville-Elgin: 47
19        (6) Danville: 1
20        (7) Davenport-Moline-Rock Island: 1
21        (8) Decatur: 1
22        (9) Kankakee: 1
23        (10) Peoria: 3
24        (11) Rockford: 2
25        (12) St. Louis: 4
26        (13) Springfield: 1

 

 

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

 

 

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

 

 

10300HB2911sam004- 134 -LRB103 26014 RJT 74237 a

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

 

 

10300HB2911sam004- 135 -LRB103 26014 RJT 74237 a

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

 

 

10300HB2911sam004- 136 -LRB103 26014 RJT 74237 a

1    BLS Region;
2        (28) A diversity plan that includes a narrative of at
3    least 2,500 words that establishes a goal of diversity in
4    ownership, management, employment, and contracting to
5    ensure that diverse participants and groups are afforded
6    equality of opportunity;
7        (29) A contract with a private security contractor
8    agency that is licensed under Section 10-5 of the Private
9    Detective, Private Alarm, Private Security, Fingerprint
10    Vendor, and Locksmith Act of 2004 in order for the
11    dispensary to have adequate security at its facility; and
12        (30) Other information deemed necessary by the
13    Illinois Cannabis Regulation Oversight Officer to conduct
14    the disparity and availability study referenced in
15    subsection (e) of Section 5-45.
16    (e) An applicant who receives a Conditional Adult Use
17Dispensing Organization License under this Section has 180
18days from the date of award to identify a physical location for
19the dispensing organization retail storefront. The applicant
20shall provide evidence that the location is not within 1,500
21feet of an existing dispensing organization, unless the
22applicant is a Social Equity Applicant or Social Equity
23Justice Involved Applicant located or seeking to locate within
241,500 feet of a dispensing organization licensed under Section
2515-15 or Section 15-20. If an applicant is unable to find a
26suitable physical address in the opinion of the Department

 

 

10300HB2911sam004- 137 -LRB103 26014 RJT 74237 a

1within 180 days of the issuance of the Conditional Adult Use
2Dispensing Organization License, the Department may extend the
3period for finding a physical address an additional 540 days
4if the Conditional Adult Use Dispensing Organization License
5holder demonstrates concrete attempts to secure a location and
6a hardship. If the Department denies the extension or the
7Conditional Adult Use Dispensing Organization License holder
8is either unable to find a location within 720 days of being
9awarded a conditional license and become operational within
10180 days thereafter, or unable to become operational within
11720 days of being awarded a conditional license, the
12Department shall rescind the conditional license and award it
13to the next highest scoring applicant in the BLS Region for
14which the license was assigned, provided the applicant
15receiving the license: (i) confirms a continued interest in
16operating a dispensing organization; (ii) can provide evidence
17that the applicant continues to meet all requirements for
18holding a Conditional Adult Use Dispensing Organization
19License set forth in this Act; and (iii) has not otherwise
20become ineligible to be awarded a dispensing organization
21license. If the new awardee is unable to accept the
22Conditional Adult Use Dispensing Organization License, the
23Department shall award the Conditional Adult Use Dispensing
24Organization License to the next highest scoring applicant in
25the same manner. The new awardee shall be subject to the same
26required deadlines as provided in this subsection.

 

 

10300HB2911sam004- 138 -LRB103 26014 RJT 74237 a

1    (e-5) If, within 720 days of being awarded a Conditional
2Adult Use Dispensing Organization License, a dispensing
3organization is unable to find a location within the BLS
4Region in which it was awarded a Conditional Adult Use
5Dispensing Organization License because no jurisdiction within
6the BLS Region allows for the operation of an Adult Use
7Dispensing Organization, the Department of Financial and
8Professional Regulation may authorize the Conditional Adult
9Use Dispensing Organization License holder to transfer its
10license to a BLS Region specified by the Department.
11    (f) A dispensing organization that is awarded a
12Conditional Adult Use Dispensing Organization License pursuant
13to the criteria in Section 15-30 shall not purchase, possess,
14sell, or dispense cannabis or cannabis-infused products until
15the person has received an Adult Use Dispensing Organization
16License issued by the Department pursuant to Section 15-36 of
17this Act.
18    (g) The Department shall conduct a background check of the
19prospective organization agents in order to carry out this
20Article. The Illinois State Police shall charge the applicant
21a fee for conducting the criminal history record check, which
22shall be deposited into the State Police Services Fund and
23shall not exceed the actual cost of the record check. Each
24person applying as a dispensing organization agent shall
25submit a full set of fingerprints to the Illinois State Police
26for the purpose of obtaining a State and federal criminal

 

 

10300HB2911sam004- 139 -LRB103 26014 RJT 74237 a

1records check. These fingerprints shall be checked against the
2fingerprint records now and hereafter, to the extent allowed
3by law, filed in the Illinois State Police and Federal Bureau
4of Identification criminal history records databases. The
5Illinois State Police shall furnish, following positive
6identification, all Illinois conviction information to the
7Department.
8(Source: P.A. 102-98, eff. 7-15-21; 102-538, eff. 8-20-21;
9102-813, eff. 5-13-22; 103-8, eff. 6-7-23.)
 
10    (410 ILCS 705/15-35)
11    Sec. 15-35. Qualifying Applicant Lottery for Conditional
12Adult Use Dispensing Organization Licenses.
13    (a) In addition to any of the licenses issued under
14Section 15-15, Section 15-20, Section 15-25, Section 15-30.20,
15or Section 15-35.10 of this Act, within 10 business days after
16the resulting final scores for all scored applications
17pursuant to Sections 15-25 and 15-30 are released, the
18Department shall issue up to 55 Conditional Adult Use
19Dispensing Organization Licenses by lot, pursuant to the
20application process adopted under this Section. In order to be
21eligible to be awarded a Conditional Adult Use Dispensing
22Organization License by lot under this Section, a Dispensary
23Applicant must be a Qualifying Applicant.
24    The licenses issued under this Section shall be awarded in
25each BLS Region in the following amounts:

 

 

10300HB2911sam004- 140 -LRB103 26014 RJT 74237 a

1        (1) Bloomington: 1.
2        (2) Cape Girardeau: 1.
3        (3) Carbondale-Marion: 1.
4        (4) Champaign-Urbana: 1.
5        (5) Chicago-Naperville-Elgin: 36.
6        (6) Danville: 1.
7        (7) Davenport-Moline-Rock Island: 1.
8        (8) Decatur: 1.
9        (9) Kankakee: 1.
10        (10) Peoria: 2.
11        (11) Rockford: 1.
12        (12) St. Louis: 3.
13        (13) Springfield: 1.
14        (14) Northwest Illinois nonmetropolitan: 1.
15        (15) West Central Illinois nonmetropolitan: 1.
16        (16) East Central Illinois nonmetropolitan: 1.
17        (17) South Illinois nonmetropolitan: 1.
18    (a-5) Prior to issuing licenses under subsection (a), the
19Department may adopt rules through emergency rulemaking in
20accordance with subsection (kk) of Section 5-45 of the
21Illinois Administrative Procedure Act. The General Assembly
22finds that the adoption of rules to regulate cannabis use is
23deemed an emergency and necessary for the public interest,
24safety, and welfare.
25    (b) The Department shall distribute the available licenses
26established under this Section subject to the following:

 

 

10300HB2911sam004- 141 -LRB103 26014 RJT 74237 a

1        (1) The drawing by lot for all available licenses
2    issued under this Section shall occur on the same day when
3    practicable.
4        (2) Within each BLS Region, the first Qualifying
5    Applicant drawn will have the first right to an available
6    license. The second Qualifying Applicant drawn will have
7    the second right to an available license. The same pattern
8    will continue for each subsequent Qualifying Applicant
9    drawn.
10        (3) The process for distributing available licenses
11    under this Section shall be recorded by the Department in
12    a format selected by the Department.
13        (4) A Dispensary Applicant is prohibited from becoming
14    a Qualifying Applicant if a principal officer resigns
15    after the resulting final scores for all scored
16    applications pursuant to Sections 15-25 and 15-30 are
17    released.
18        (5) No Qualifying Applicant may be awarded more than 2
19    Conditional Adult Use Dispensing Organization Licenses at
20    the conclusion of a lottery conducted under this Section.
21        (6) No individual may be listed as a principal officer
22    of more than 2 Conditional Adult Use Dispensing
23    Organization Licenses awarded under this Section.
24        (7) If, upon being selected for an available license
25    established under this Section, a Qualifying Applicant
26    exceeds the limits under paragraph (5) or (6), the

 

 

10300HB2911sam004- 142 -LRB103 26014 RJT 74237 a

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

 

 

10300HB2911sam004- 143 -LRB103 26014 RJT 74237 a

1Section shall be limited to the provisions of this Section.
2    (c) An applicant who receives a Conditional Adult Use
3Dispensing Organization License under this Section has 180
4days from the date it is awarded to identify a physical
5location for the dispensing organization's retail storefront.
6The applicant shall provide evidence that the location is not
7within 1,500 feet of an existing dispensing organization,
8unless the applicant is a Social Equity Applicant or Social
9Equity Justice Involved Applicant located or seeking to locate
10within 1,500 feet of a dispensing organization licensed under
11Section 15-15 or Section 15-20. If an applicant is unable to
12find a suitable physical address in the opinion of the
13Department within 180 days from the issuance of the
14Conditional Adult Use Dispensing Organization License, the
15Department may extend the period for finding a physical
16address an additional 540 days if the Conditional Adult Use
17Dispensing Organization License holder demonstrates a concrete
18attempt to secure a location and a hardship. If the Department
19denies the extension or the Conditional Adult Use Dispensing
20Organization License holder is either unable to find a
21location within 720 days of being awarded a conditional
22license and become operational within 180 days thereafter, or
23unable to become operational within 720 days of being awarded
24a Conditional Adult Use Dispensing Organization License under
25this Section, the Department shall rescind the Conditional
26Adult Use Dispensing Organization License and award it

 

 

10300HB2911sam004- 144 -LRB103 26014 RJT 74237 a

1pursuant to subsection (b), provided the applicant receiving
2the Conditional Adult Use Dispensing Organization License: (i)
3confirms a continued interest in operating a dispensing
4organization; (ii) can provide evidence that the applicant
5continues to meet all requirements for holding a Conditional
6Adult Use Dispensing Organization License set forth in this
7Act; and (iii) has not otherwise become ineligible to be
8awarded a Conditional Adult Use Dispensing Organization
9License. If the new awardee is unable to accept the
10Conditional Adult Use Dispensing Organization License, the
11Department shall award the Conditional Adult Use Dispensing
12Organization License pursuant to subsection (b). The new
13awardee shall be subject to the same required deadlines as
14provided in this subsection.
15    (d) If, within 720 days of being awarded a Conditional
16Adult Use Dispensing Organization License, a dispensing
17organization is unable to find a location within the BLS
18Region in which it was awarded a Conditional Adult Use
19Dispensing Organization License because no jurisdiction within
20the BLS Region allows for the operation of an Adult Use
21Dispensing Organization, the Department may authorize the
22Conditional Adult Use Dispensing Organization License holder
23to transfer its Conditional Adult Use Dispensing Organization
24License to a BLS Region specified by the Department.
25    (e) A dispensing organization that is awarded a
26Conditional Adult Use Dispensing Organization License under

 

 

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1this Section shall not purchase, possess, sell, or dispense
2cannabis or cannabis-infused products until the dispensing
3organization has received an Adult Use Dispensing Organization
4License issued by the Department pursuant to Section 15-36.
5    (f) The Department shall conduct a background check of the
6prospective dispensing organization agents in order to carry
7out this Article. The Illinois State Police shall charge the
8applicant a fee for conducting the criminal history record
9check, which shall be deposited into the State Police Services
10Fund and shall not exceed the actual cost of the record check.
11Each person applying as a dispensing organization agent shall
12submit a full set of fingerprints to the Illinois State Police
13for the purpose of obtaining a State and federal criminal
14records check. These fingerprints shall be checked against the
15fingerprint records now and hereafter, to the extent allowed
16by law, filed with the Illinois State Police and the Federal
17Bureau of Investigation criminal history records databases.
18The Illinois State Police shall furnish, following positive
19identification, all Illinois conviction information to the
20Department.
21    (g) The Department may verify information contained in
22each application and accompanying documentation to assess the
23applicant's veracity and fitness to operate a dispensing
24organization.
25    (h) The Department may, in its discretion, refuse to issue
26authorization to an applicant who meets any of the following

 

 

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1criteria:
2        (1) An applicant who is unqualified to perform the
3    duties required of the applicant.
4        (2) An applicant who fails to disclose or states
5    falsely any information called for in the application.
6        (3) An applicant who has been found guilty of a
7    violation of this Act, who has had any disciplinary order
8    entered against the applicant by the Department, who has
9    entered into a disciplinary or nondisciplinary agreement
10    with the Department, whose medical cannabis dispensing
11    organization, medical cannabis cultivation organization,
12    Early Approval Adult Use Dispensing Organization License,
13    Early Approval Adult Use Dispensing Organization License
14    at a secondary site, Early Approval Cultivation Center
15    License, Conditional Adult Use Dispensing Organization
16    License, or Adult Use Dispensing Organization License was
17    suspended, restricted, revoked, or denied for just cause,
18    or whose cannabis business establishment license was
19    suspended, restricted, revoked, or denied in any other
20    state.
21        (4) An applicant who has engaged in a pattern or
22    practice of unfair or illegal practices, methods, or
23    activities in the conduct of owning a cannabis business
24    establishment or other business.
25    (i) The Department shall deny issuance of a license under
26this Section if any principal officer, board member, or person

 

 

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1having a financial or voting interest of 5% or greater in the
2licensee is delinquent in filing any required tax return or
3paying any amount owed to the State of Illinois.
4    (j) The Department shall verify an applicant's compliance
5with the requirements of this Article and rules adopted under
6this Article before issuing a Conditional Adult Use Dispensing
7Organization License under this Section.
8    (k) If an applicant is awarded a Conditional Adult Use
9Dispensing Organization License under this Section, the
10information and plans provided in the application, including
11any plans submitted for bonus points, shall become a condition
12of the Conditional Adult Use Dispensing Organization License
13and any Adult Use Dispensing Organization License issued to
14the holder of the Conditional Adult Use Dispensing
15Organization License, except as otherwise provided by this Act
16or by rule. A dispensing organization has a duty to disclose
17any material changes to the application. The Department shall
18review all material changes disclosed by the dispensing
19organization and may reevaluate its prior decision regarding
20the awarding of a Conditional Adult Use Dispensing
21Organization License, including, but not limited to,
22suspending or permanently revoking a Conditional Adult Use
23Dispensing Organization License. Failure to comply with the
24conditions or requirements in the application may subject the
25dispensing organization to discipline up to and including
26suspension or permanent revocation of its authorization or

 

 

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1Conditional Adult Use Dispensing Organization License by the
2Department.
3    (l) If an applicant has not begun operating as a
4dispensing organization within one year after the issuance of
5the Conditional Adult Use Dispensing Organization License
6under this Section, the Department may permanently revoke the
7Conditional Adult Use Dispensing Organization License and
8award it to the next highest scoring applicant in the BLS
9Region if a suitable applicant indicates a continued interest
10in the Conditional Adult Use Dispensing Organization License
11or may begin a new selection process to award a Conditional
12Adult Use Dispensing Organization License.
13(Source: P.A. 102-98, eff. 7-15-21; 103-8, eff. 6-7-23.)
 
14    (410 ILCS 705/15-35.10)
15    Sec. 15-35.10. Social Equity Justice Involved Lottery for
16Conditional Adult Use Dispensing Organization Licenses.
17    (a) In addition to any of the licenses issued under
18Section 15-15, Section 15-20, Section 15-25, Section 15-30.20,
19or Section 15-35, within 10 business days after the resulting
20final scores for all scored applications pursuant to Sections
2115-25 and 15-30 are released, the Department shall issue up to
2255 Conditional Adult Use Dispensing Organization Licenses by
23lot, pursuant to the application process adopted under this
24Section. In order to be eligible to be awarded a Conditional
25Adult Use Dispensing Organization License by lot, a Dispensary

 

 

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1Applicant must be a Qualifying Social Equity Justice Involved
2Applicant.
3    The licenses issued under this Section shall be awarded in
4each BLS Region in the following amounts:
5        (1) Bloomington: 1.
6        (2) Cape Girardeau: 1.
7        (3) Carbondale-Marion: 1.
8        (4) Champaign-Urbana: 1.
9        (5) Chicago-Naperville-Elgin: 36.
10        (6) Danville: 1.
11        (7) Davenport-Moline-Rock Island: 1.
12        (8) Decatur: 1.
13        (9) Kankakee: 1.
14        (10) Peoria: 2.
15        (11) Rockford: 1.
16        (12) St. Louis: 3.
17        (13) Springfield: 1.
18        (14) Northwest Illinois nonmetropolitan: 1.
19        (15) West Central Illinois nonmetropolitan: 1.
20        (16) East Central Illinois nonmetropolitan: 1.
21        (17) South Illinois nonmetropolitan: 1.
22    (a-5) Prior to issuing licenses under subsection (a), the
23Department may adopt rules through emergency rulemaking in
24accordance with subsection (kk) of Section 5-45 of the
25Illinois Administrative Procedure Act. The General Assembly
26finds that the adoption of rules to regulate cannabis use is

 

 

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1deemed an emergency and necessary for the public interest,
2safety, and welfare.
3    (b) The Department shall distribute the available licenses
4established under this Section subject to the following:
5        (1) The drawing by lot for all available licenses
6    established under this Section shall occur on the same day
7    when practicable.
8        (2) Within each BLS Region, the first Qualifying
9    Social Equity Justice Involved Applicant drawn will have
10    the first right to an available license. The second
11    Qualifying Social Equity Justice Involved Applicant drawn
12    will have the second right to an available license. The
13    same pattern will continue for each subsequent applicant
14    drawn.
15        (3) The process for distributing available licenses
16    under this Section shall be recorded by the Department in
17    a format selected by the Department.
18        (4) A Dispensary Applicant is prohibited from becoming
19    a Qualifying Social Equity Justice Involved Applicant if a
20    principal officer resigns after the resulting final scores
21    for all scored applications pursuant to Sections 15-25 and
22    15-30 are released.
23        (5) No Qualifying Social Equity Justice Involved
24    Applicant may be awarded more than 2 Conditional Adult Use
25    Dispensing Organization Licenses at the conclusion of a
26    lottery conducted under this Section.

 

 

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1        (6) No individual may be listed as a principal officer
2    of more than 2 Conditional Adult Use Dispensing
3    Organization Licenses awarded under this Section.
4        (7) If, upon being selected for an available license
5    established under this Section, a Qualifying Social Equity
6    Justice Involved Applicant exceeds the limits under
7    paragraph (5) or (6), the Qualifying Social Equity Justice
8    Involved Applicant must choose which license to abandon
9    and notify the Department in writing within 5 business
10    days on forms prescribed by the Department. If the
11    Qualifying Social Equity Justice Involved Applicant does
12    not notify the Department as required, the Department
13    shall refuse to issue the Qualifying Social Equity Justice
14    Involved Applicant all available licenses established
15    under this Section obtained by lot in all BLS Regions.
16        (8) If, upon being selected for an available license
17    established under this Section, a Qualifying Social Equity
18    Justice Involved Applicant has a principal officer who is
19    a principal officer in more than 10 Early Approval Adult
20    Use Dispensing Organization Licenses, Conditional Adult
21    Use Dispensing Organization Licenses, Adult Use Dispensing
22    Organization Licenses, or any combination thereof, the
23    licensees and the Qualifying Social Equity Justice
24    Involved Applicant listing that principal officer must
25    choose which license to abandon pursuant to subsection (d)
26    of Section 15-36 and notify the Department in writing

 

 

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1    within 5 business days on forms prescribed by the
2    Department. If the Dispensary Applicant or licensees do
3    not notify the Department as required, the Department
4    shall refuse to issue the Qualifying Social Equity Justice
5    Involved Applicant all available licenses established
6    under this Section obtained by lot in all BLS Regions.
7        (9) All available licenses that have been abandoned
8    under paragraph (7) or (8) shall be distributed to the
9    next Qualifying Social Equity Justice Involved Applicant
10    drawn by lot.
11    Any and all rights conferred or obtained under this
12subsection shall be limited to the provisions of this
13subsection.
14    (c) An applicant who receives a Conditional Adult Use
15Dispensing Organization License under this Section has 180
16days from the date of the award to identify a physical location
17for the dispensing organization's retail storefront. The
18applicant shall provide evidence that the location is not
19within 1,500 feet of an existing dispensing organization,
20unless the applicant is a Social Equity Applicant or Social
21Equity Justice Involved Applicant located or seeking to locate
22within 1,500 feet of a dispensing organization licensed under
23Section 15-15 or Section 15-20. If an applicant is unable to
24find a suitable physical address in the opinion of the
25Department within 180 days from the issuance of the
26Conditional Adult Use Dispensing Organization License, the

 

 

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1Department may extend the period for finding a physical
2address an additional 540 days if the Conditional Adult Use
3Dispensing Organization License holder demonstrates a concrete
4attempt to secure a location and a hardship. If the Department
5denies the extension or the Conditional Adult Use Dispensing
6Organization License holder is either unable to find a
7location within 720 days of being awarded a conditional
8license and become operational within 180 days thereafter, or
9unable to become operational within 720 days of being awarded
10a Conditional Adult Use Dispensing Organization License under
11this Section, the Department shall rescind the Conditional
12Adult Use Dispensing Organization License and award it
13pursuant to subsection (b) and notify the new awardee at the
14email address provided in the awardee's application, provided
15the applicant receiving the Conditional Adult Use Dispensing
16Organization License: (i) confirms a continued interest in
17operating a dispensing organization; (ii) can provide evidence
18that the applicant continues to meet all requirements for
19holding a Conditional Adult Use Dispensing Organization
20License set forth in this Act; and (iii) has not otherwise
21become ineligible to be awarded a Conditional Adult Use
22Dispensing Organization License. If the new awardee is unable
23to accept the Conditional Adult Use Dispensing Organization
24License, the Department shall award the Conditional Adult Use
25Dispensing Organization License pursuant to subsection (b).
26The new awardee shall be subject to the same required

 

 

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1deadlines as provided in this subsection.
2    (d) If, within 720 180 days of being awarded a Conditional
3Adult Use Dispensing Organization License, a dispensing
4organization is unable to find a location within the BLS
5Region in which it was awarded a Conditional Adult Use
6Dispensing Organization License under this Section because no
7jurisdiction within the BLS Region allows for the operation of
8an Adult Use Dispensing Organization, the Department may
9authorize the Conditional Adult Use Dispensing Organization
10License holder to transfer its Conditional Adult Use
11Dispensing Organization License to a BLS Region specified by
12the Department.
13    (e) A dispensing organization that is awarded a
14Conditional Adult Use Dispensing Organization License under
15this Section shall not purchase, possess, sell, or dispense
16cannabis or cannabis-infused products until the dispensing
17organization has received an Adult Use Dispensing Organization
18License issued by the Department pursuant to Section 15-36.
19    (f) The Department shall conduct a background check of the
20prospective dispensing organization agents in order to carry
21out this Article. The Illinois State Police shall charge the
22applicant a fee for conducting the criminal history record
23check, which shall be deposited into the State Police Services
24Fund and shall not exceed the actual cost of the record check.
25Each person applying as a dispensing organization agent shall
26submit a full set of fingerprints to the Illinois State Police

 

 

10300HB2911sam004- 155 -LRB103 26014 RJT 74237 a

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

 

 

10300HB2911sam004- 156 -LRB103 26014 RJT 74237 a

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

 

 

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

 

 

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1(Source: P.A. 102-98, eff. 7-15-21; 103-8, eff. 6-7-23.)
 
2    (410 ILCS 705/15-36)
3    Sec. 15-36. Adult Use Dispensing Organization License.
4    (a) A person is only eligible to receive or hold an Adult
5Use Dispensing Organization if the person has been awarded a
6Conditional Adult Use Dispensing Organization License pursuant
7to this Act or has renewed its license pursuant to Section
815-45, subsection (k) of Section 15-15, or subsection (p) of
9Section 15-20.
10    (b) The Department shall not issue an Adult Use Dispensing
11Organization License until:
12        (1) the Department has inspected the dispensary site
13    and proposed operations and verified that they are in
14    compliance with this Act and local zoning laws;
15        (2) the Conditional Adult Use Dispensing Organization
16    License holder has paid a license fee of $60,000 or a
17    prorated amount accounting for the difference of time
18    between when the Adult Use Dispensing Organization License
19    is issued and March 31 of the next even-numbered year; and
20        (3) the Conditional Adult Use Dispensing Organization
21    License holder has met all the requirements in this Act
22    and rules.
23    (c) No person or entity shall hold any legal, equitable,
24ownership, or beneficial interest, directly or indirectly, of
25more than 10 dispensing organizations licensed under this

 

 

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1Article. Further, no person or entity that is:
2        (1) employed by, is an agent of, or participates in
3    the management of a dispensing organization or registered
4    medical cannabis dispensing organization;
5        (2) a principal officer of a dispensing organization
6    or registered medical cannabis dispensing organization; or
7        (3) an entity controlled by or affiliated with a
8    principal officer of a dispensing organization or
9    registered medical cannabis dispensing organization;
10shall hold any legal, equitable, ownership, or beneficial
11interest, directly or indirectly, in a dispensing organization
12that would result in such person or entity owning or
13participating in the management of more than 10 Early Approval
14Adult Use Dispensing Organization Licenses, Early Approval
15Adult Use Dispensing Organization Licenses at a secondary
16site, Conditional Adult Use Dispensing Organization Licenses,
17or Adult Use Dispensing Organization Licenses. For the purpose
18of this subsection, participating in management may include,
19without limitation, controlling decisions regarding staffing,
20pricing, purchasing, marketing, store design, hiring, and
21website design.
22    (d) The Department shall deny an application if granting
23that application would result in a person or entity obtaining
24direct or indirect financial interest in more than 10 Early
25Approval Adult Use Dispensing Organization Licenses,
26Conditional Adult Use Dispensing Organization Licenses, Adult

 

 

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1Use Dispensing Organization Licenses, or any combination
2thereof. If a person or entity is awarded a Conditional Adult
3Use Dispensing Organization License that would cause the
4person or entity to be in violation of this subsection, he,
5she, or it shall choose which license application it wants to
6abandon and such licenses shall become available to the next
7qualified applicant in the region in which the abandoned
8license was awarded.
9(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
10    (410 ILCS 705/15-40)
11    Sec. 15-40. Dispensing organization agent identification
12card; agent training.
13    (a) The Department shall:
14        (1) verify the information contained in an application
15    or renewal for a dispensing organization agent
16    identification card submitted under this Article, and
17    approve or deny an application or renewal, within 30 days
18    of receiving a completed application or renewal
19    application and all supporting documentation required by
20    rule;
21        (2) issue a dispensing organization agent
22    identification card to a qualifying agent within 15
23    business days of approving the application or renewal;
24        (3) enter the registry identification number of the
25    dispensing organization where the agent works;

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1submit a nonrefundable application fee of $2,000 to be
2deposited into the Cannabis Regulation Fund or a fee as may be
3set by rule. Any changes made to the training module shall be
4approved by the Department.
5    (p) The Department shall not unreasonably deny approval of
6a training module that meets all the requirements of paragraph
7(3) of subsection (i). A denial of approval shall include a
8detailed description of the reasons for the denial.
9    (q) Any person approved to provide the training required
10by paragraph (3) of subsection (i) shall submit an application
11for re-approval between August 1 and August 15 of each
12odd-numbered year and include a nonrefundable application fee
13of $2,000 to be deposited into the Cannabis Regulation Fund or
14a fee as may be set by rule.
15    (r) All persons applying to become or renewing their
16registrations to be agents, including agents-in-charge and
17principal officers, shall disclose any disciplinary action
18taken against them that may have occurred in Illinois, another
19state, or another country in relation to their employment at a
20cannabis business establishment or at any cannabis cultivation
21center, processor, infuser, dispensary, or other cannabis
22business establishment.
23    (s) An agent applicant may begin employment at a
24dispensing 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 dispensing organization and the agent
2applicant shall be notified and the agent applicant must cease
3all activity at the dispensing organization immediately.
4    (t) The Department and the Department of Agriculture may
5develop and implement an integrated system to issue an agent
6identification card which identifies a dispensary agent
7licensed by the Department as well as any cultivator, craft
8grower, transporter, community college program or infuser
9license or registration the agent may simultaneously hold.
10(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
11102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff.
125-13-22.)
 
13    (410 ILCS 705/15-50)
14    Sec. 15-50. Disclosure of ownership and control.
15    (a) Each dispensing organization applicant and licensee
16shall file and maintain a Table of Organization, Ownership,
17and Control with the Department. The Table of Organization,
18Ownership, and Control shall contain the information required
19by this Section in sufficient detail to identify all owners,
20directors, and principal officers, and the title of each
21principal officer or business entity that, through direct or
22indirect means, manages, owns, or controls the applicant or
23licensee.
24    (b) The Table of Organization, Ownership, and Control
25shall identify the following information:

 

 

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1        (1) The management structure, ownership, and control
2    of the applicant or license holder including the name of
3    each principal officer or business entity, the office or
4    position held, and the percentage ownership interest, if
5    any. If the business entity has a parent company, the name
6    of each owner, board member, and officer of the parent
7    company and his or her percentage ownership interest in
8    the parent company and the dispensing organization.
9        (2) If the applicant or licensee is a business entity
10    with publicly traded stock, the identification of
11    ownership shall be provided as required in subsection (c).
12    (c) If a business entity identified in subsection (b) is a
13publicly traded company, the following information shall be
14provided in the Table of Organization, Ownership, and Control:
15        (1) The name and percentage of ownership interest of
16    each individual or business entity with ownership of more
17    than 5% of the voting shares of the entity, to the extent
18    such information is known or contained in 13D or 13G
19    Securities and Exchange Commission filings.
20        (2) To the extent known, the names and percentage of
21    interest of ownership of persons who are relatives of one
22    another and who together exercise control over or own more
23    than 10% of the voting shares of the entity.
24    (d) A dispensing organization with a parent company or
25companies, or partially owned or controlled by another entity
26must disclose to the Department the relationship and all

 

 

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1owners, board members, officers, or individuals with control
2or management of those entities. A dispensing organization
3shall not shield its ownership or control from the Department.
4    (e) All principal officers must submit a complete online
5application with the Department within 14 days of the
6dispensing organization being licensed by the Department or
7within 14 days of Department notice of approval as a new
8principal officer.
9    (f) A principal officer may not allow his or her
10registration to expire.
11    (g) A dispensing organization separating with a principal
12officer must do so under this Act. The principal officer must
13communicate the separation to the Department within 5 business
14days.
15    (h) A principal officer not in compliance with the
16requirements of this Act shall be removed from his or her
17position with the dispensing organization or shall otherwise
18terminate his or her affiliation. Failure to do so may subject
19the dispensing organization to discipline, suspension, or
20revocation of its license by the Department.
21    (i) It is the responsibility of the dispensing
22organization and its principal officers to promptly notify the
23Department of any change of the principal place of business
24address, hours of operation, change in ownership or control,
25or a change of the dispensing organization's primary or
26secondary contact information. Any changes must be made to the

 

 

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1Department in writing.
2(Source: P.A. 101-27, eff. 6-25-19.)
 
3    (410 ILCS 705/15-60)
4    Sec. 15-60. Changes to a dispensing organization.
5    (a) A Conditional Adult Use Dispensing Organization
6License may not be sold, transferred, assigned, used as
7collateral, and the organization holding the license may not
8add new principal officers to its ownership structure or
9change its ownership structure. Notwithstanding the foregoing,
10this prohibition does not preclude third parties who are not
11registered as principal officers from investing in, lending
12to, or otherwise providing capital to the Conditional Adult
13Use Dispensing Organization License holder. Pursuant to this
14subsection, third parties are not required to register as
15principal officers of the Conditional Adult Use Dispensing
16Organization License holder so long as any third party
17interest cannot be realized or otherwise vest until the
18Conditional Adult Use Dispensing Organization License holder
19is issued a corresponding Adult Use Dispensing Organization
20License under Section 15-36. In order to realize that interest
21or have the interest vest, all third parties are subject to the
22Department's approval processes in this Section, either
23through the sale or transfer of the Adult Use Dispensing
24Organization License to the third party or through the third
25party's registration and approval as principal officer to the

 

 

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1Adult Use Dispensing Organization License holder.
2    (a-5) (a) A license shall be issued to the specific
3dispensing organization identified on the application and for
4the specific location proposed. The license is valid only as
5designated on the license and for the location for which it is
6issued.
7    (b) A dispensing organization may only add principal
8officers after being approved by the Department.
9    (c) A dispensing organization shall provide written notice
10of the removal of a principal officer within 5 business days
11after removal. The notice shall include the written agreement
12of the principal officer being removed, unless otherwise
13approved by the Department, and allocation of ownership shares
14after removal in an updated ownership chart.
15    (d) A dispensing organization shall provide a written
16request to the Department for the addition of principal
17officers. A dispensing organization shall submit proposed
18principal officer applications on forms approved by the
19Department.
20    (e) All proposed new principal officers shall be subject
21to the requirements of this Act, this Article, and any rules
22that may be adopted pursuant to this Act.
23    (f) The Department may prohibit the addition of a
24principal officer to a dispensing organization for failure to
25comply with this Act, this Article, and any rules that may be
26adopted pursuant to this Act.

 

 

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1    (g) A dispensing organization may not assign a license.
2    (h) A dispensing organization may not transfer a license
3without prior Department approval. Such approval may be
4withheld if the person to whom the license is being
5transferred does not commit to the same or a similar community
6engagement plan provided as part of the dispensing
7organization's application under paragraph (18) of subsection
8(d) of Section 15-25, and such transferee's license shall be
9conditional upon that commitment.
10    (i) With the addition or removal of principal officers,
11the Department will review the ownership structure to
12determine whether the change in ownership has had the effect
13of a transfer of the license. The dispensing organization
14shall supply all ownership documents requested by the
15Department.
16    (j) A dispensing organization may apply to the Department
17to approve a sale of the dispensing organization. A request to
18sell the dispensing organization must be on application forms
19provided by the Department. A request for an approval to sell a
20dispensing organization must comply with the following:
21        (1) New application materials shall comply with this
22    Act and any rules that may be adopted pursuant to this Act;
23        (2) Application materials shall include a change of
24    ownership fee of $5,000 to be deposited into the Cannabis
25    Regulation Fund;
26        (3) The application materials shall provide proof that

 

 

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1    the transfer of ownership will not have the effect of
2    granting any of the owners or principal officers direct or
3    indirect ownership or control of more than 10 adult use
4    dispensing organization licenses;
5        (4) New principal officers shall each complete the
6    proposed new principal officer application;
7        (5) If the Department approves the application
8    materials and proposed new principal officer applications,
9    it will perform an inspection before approving the sale
10    and issuing the dispensing organization license;
11        (6) If a new license is approved, the Department will
12    issue a new license number and certificate to the new
13    dispensing organization.
14    (k) The dispensing organization shall provide the
15Department with the personal information for all new
16dispensing organizations agents as required in this Article
17and all new dispensing organization agents shall be subject to
18the requirements of this Article. A dispensing organization
19agent must obtain an agent identification card from the
20Department before beginning work at a dispensary.
21    (l) Before remodeling, expansion, reduction, or other
22physical, noncosmetic alteration of a dispensary, the
23dispensing organization must notify the Department and confirm
24the alterations are in compliance with this Act and any rules
25that may be adopted pursuant to this Act.
26(Source: P.A. 101-27, eff. 6-25-19.)
 

 

 

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1    (410 ILCS 705/15-70)
2    Sec. 15-70. Operational requirements; prohibitions.
3    (a) A dispensing organization shall operate in accordance
4with the representations made in its application and license
5materials. It shall be in compliance with this Act and rules.
6    (b) (Blank). A dispensing organization must include the
7legal name of the dispensary on the packaging of any cannabis
8product it sells.
9    (c) All cannabis, cannabis-infused products, and cannabis
10seeds must be obtained from an Illinois registered adult use
11cultivation center, craft grower, infuser, or another
12dispensary.
13    (c-5) A dispensing organization may sell cannabis and
14cannabis-infused products purchased from any cultivation
15center, craft grower, infuser, or other dispensary to persons
16over 21 years of age and to qualifying patients, designated
17caregivers, and provisional patients.
18    (d) Dispensing organizations are prohibited from selling
19any product containing alcohol except tinctures, which must be
20limited to containers that are no larger than 100 milliliters.
21    (e) A dispensing organization shall inspect and count
22product received from a transporting organization, adult use
23cultivation center, craft grower, infuser organization, or
24other dispensing organization before dispensing it.
25    (f) A dispensing organization may only accept cannabis

 

 

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1deliveries into a restricted access area. Deliveries may not
2be accepted through the public or limited access areas unless
3otherwise approved by the Department.
4    (g) A dispensing organization shall maintain compliance
5with State and local building, fire, and zoning requirements
6or regulations.
7    (h) A dispensing organization shall submit a list to the
8Department of the names of all service professionals that will
9work at the dispensary. The list shall include a description
10of the type of business or service provided. Changes to the
11service professional list shall be promptly provided. No
12service professional shall work in the dispensary until the
13name is provided to the Department on the service professional
14list.
15    (i) A dispensing organization's license allows for a
16dispensary to be operated only at a single location.
17    (j) A dispensary may operate between 6 a.m. and 10 p.m.
18local time.
19    (k) A dispensing organization must keep all lighting
20outside and inside the dispensary in good working order and
21wattage sufficient for security cameras.
22    (l) A dispensing organization must keep all air treatment
23systems that will be installed to reduce odors in good working
24order.
25    (m) A dispensing organization must contract with a private
26security contractor that is licensed under Section 10-5 of the

 

 

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

 

 

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

 

 

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1    paragraph (5.5) of subsection (c) of Section 15-100;
2        (10) Enter into agreements to allow persons who are
3    not dispensing organization agents to deliver cannabis or
4    to transport cannabis to purchasers;
5        (11) Operate a dispensary if its video surveillance
6    equipment is inoperative;
7        (12) Operate a dispensary if the point-of-sale
8    equipment is inoperative;
9        (13) Operate a dispensary if the State's cannabis
10    electronic verification system is inoperative;
11        (14) Have fewer than 2 people working at the
12    dispensary at any time while the dispensary is open;
13        (15) Be located within 1,500 feet of the property line
14    of a pre-existing dispensing organization, unless the
15    applicant is a Social Equity Applicant or Social Equity
16    Justice Involved Applicant located or seeking to locate
17    within 1,500 feet of a dispensing organization licensed
18    under Section 15-15 or Section 15-20;
19        (16) Sell clones or any other live plant material;
20        (17) Sell cannabis, cannabis concentrate, or
21    cannabis-infused products in combination or bundled with
22    each other or any other items for one price, and each item
23    of cannabis, concentrate, or cannabis-infused product must
24    be separately identified by quantity and price on the
25    receipt;
26        (18) Violate any other requirements or prohibitions

 

 

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

 

 

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1or transport cannabis whereby such dispensing organization
2agrees not to sell any cannabis cultivated, processed,
3transported, manufactured, or distributed by any other
4cultivator, transporter, or infuser, and any provision in any
5contract violative of this Section shall render the whole of
6such contract void and no action shall be brought thereon in
7any court.
8(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
9102-98, eff. 7-15-21.)
 
10    (410 ILCS 705/15-85)
11    Sec. 15-85. Dispensing cannabis.
12    (a) Before a dispensing organization agent dispenses
13cannabis to a purchaser, the agent shall:
14        (1) Verify the age of the purchaser by checking a
15    government-issued identification card by use of an
16    electronic reader or electronic scanning device to scan a
17    purchaser's government-issued identification, if
18    applicable, to determine the purchaser's age and the
19    validity of the identification;
20        (2) Verify the validity of the government-issued
21    identification card by use of an electronic reader or
22    electronic scanning device to scan a purchaser's
23    government-issued identification, if applicable, to
24    determine the purchaser's age and the validity of the
25    identification;

 

 

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1        (3) Offer any appropriate purchaser education or
2    support materials;
3        (4) Enter the following information into the State's
4    cannabis electronic verification system:
5            (i) The dispensing organization agent's
6        identification number, or if the agent's card
7        application is pending the Department's approval, a
8        temporary and unique identifier until the agent's card
9        application is approved or denied by the Department;
10            (ii) The dispensing organization's identification
11        number;
12            (iii) The amount, type (including strain, if
13        applicable) of cannabis or cannabis-infused product
14        dispensed;
15            (iv) The date and time the cannabis was dispensed.
16    (b) A dispensing organization shall refuse to sell
17cannabis or cannabis-infused products to any person unless the
18person produces a valid identification showing that the person
19is 21 years of age or older. A medical cannabis dispensing
20organization may sell cannabis or cannabis-infused products to
21a person who is under 21 years of age if the sale complies with
22the provisions of the Compassionate Use of Medical Cannabis
23Program Act and rules.
24    (c) For the purposes of this Section, valid identification
25must:
26        (1) Be valid and unexpired;

 

 

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1        (2) Contain a photograph and the date of birth of the
2    person.
3    (d) Notwithstanding any other provision of law, a
4dispensing organization may offer pickup or drive-through
5locations for cannabis or cannabis-infused products to
6purchasers over 21 years of age, qualifying patients,
7provisional patients, and designated caregivers, in accordance
8with Section 15-100.
9(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
10102-98, eff. 7-15-21.)
 
11    (410 ILCS 705/15-100)
12    Sec. 15-100. Security.
13    (a) A dispensing organization shall implement security
14measures to deter and prevent entry into and theft of cannabis
15or currency.
16    (b) A dispensing organization shall submit any changes to
17the floor plan or security plan to the Department for
18pre-approval. All cannabis shall be maintained and stored in a
19restricted access area during construction.
20    (c) The dispensing organization shall implement security
21measures to protect the premises, purchasers, and dispensing
22organization agents including, but not limited to the
23following:
24        (1) Establish a locked door or barrier between the
25    facility's entrance and the limited access area;

 

 

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1        (2) Prevent individuals from remaining on the premises
2    if they are not engaging in activity permitted by this Act
3    or rules;
4        (3) Develop a policy that addresses the maximum
5    capacity and purchaser flow in the waiting rooms and
6    limited access areas;
7        (4) Dispose of cannabis in accordance with this Act
8    and rules;
9        (5) During hours of operation, store and dispense all
10    cannabis in from the restricted access area. During
11    operational hours, cannabis shall be stored in an enclosed
12    locked room or cabinet and accessible only to specifically
13    authorized dispensing organization agents;
14        (5.5) During hours of operation, dispense all cannabis
15    from the restricted access area, including a drive-through
16    window, or from a pickup location in close proximity to
17    the restricted access area if (i) all orders in the pickup
18    or drive-through location are placed in advance, (ii) no
19    in-person or on-site ordering is permitted, and (iii) the
20    dispensing organization confirms that the purchaser,
21    registered qualifying patient, provisional patient, or
22    designated caregiver complies with Section 15-85; as used
23    in this paragraph, "pickup location in close proximity"
24    means an area contiguous to the real property of the
25    dispensary, such as a sidewalk or parking lot;
26        (6) When the dispensary is closed, store all cannabis

 

 

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1    and currency in a reinforced vault room in the restricted
2    access area and in a manner as to prevent diversion,
3    theft, or loss;
4        (7) Keep the reinforced vault room and any other
5    equipment or cannabis storage areas securely locked and
6    protected from unauthorized entry;
7        (8) Keep an electronic daily log of dispensing
8    organization agents with access to the reinforced vault
9    room and knowledge of the access code or combination;
10        (9) Keep all locks and security equipment in good
11    working order;
12        (10) Maintain an operational security and alarm system
13    at all times;
14        (11) Prohibit keys, if applicable, from being left in
15    the locks, or stored or placed in a location accessible to
16    persons other than specifically authorized personnel;
17        (12) Prohibit accessibility of security measures,
18    including combination numbers, passwords, or electronic or
19    biometric security systems to persons other than
20    specifically authorized dispensing organization agents;
21        (13) Ensure that the dispensary interior and exterior
22    premises are sufficiently lit to facilitate surveillance;
23        (14) Ensure that trees, bushes, and other foliage
24    outside of the dispensary premises do not allow for a
25    person or persons to conceal themselves from sight;
26        (15) Develop emergency policies and procedures for

 

 

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1    securing all product and currency following any instance
2    of diversion, theft, or loss of cannabis, and conduct an
3    assessment to determine whether additional safeguards are
4    necessary; and
5        (16) Develop sufficient additional safeguards in
6    response to any special security concerns, or as required
7    by the Department.
8    (d) The Department may request or approve alternative
9security provisions that it determines are an adequate
10substitute for a security requirement specified in this
11Article. Any additional protections may be considered by the
12Department in evaluating overall security measures.
13    (e) A dispensing organization may share premises with a
14craft grower or an infuser organization, or both, provided
15each licensee stores currency and cannabis or cannabis-infused
16products in a separate secured vault to which the other
17licensee does not have access or all licensees sharing a vault
18share more than 50% of the same ownership.
19    (f) A dispensing organization shall provide additional
20security as needed and in a manner appropriate for the
21community where it operates.
22    (g) Restricted access areas.
23        (1) All restricted access areas must be identified by
24    the posting of a sign that is a minimum of 12 inches by 12
25    inches and that states "Do Not Enter - Restricted Access
26    Area - Authorized Personnel Only" in lettering no smaller

 

 

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1    than one inch in height.
2        (2) All restricted access areas shall be clearly
3    described in the floor plan of the premises, in the form
4    and manner determined by the Department, reflecting walls,
5    partitions, counters, and all areas of entry and exit. The
6    floor plan shall show all storage, disposal, and retail
7    sales areas.
8        (3) All restricted access areas must be secure, with
9    locking devices that prevent access from the limited
10    access areas.
11    (h) Security and alarm.
12        (1) A dispensing organization shall have an adequate
13    security plan and security system to prevent and detect
14    diversion, theft, or loss of cannabis, currency, or
15    unauthorized intrusion using commercial grade equipment
16    installed by an Illinois licensed private alarm contractor
17    or private alarm contractor agency that shall, at a
18    minimum, include:
19            (i) A perimeter alarm on all entry points and
20        glass break protection on perimeter windows;
21            (ii) Security shatterproof tinted film on exterior
22        windows;
23            (iii) A failure notification system that provides
24        an audible, text, or visual notification of any
25        failure in the surveillance system, including, but not
26        limited to, panic buttons, alarms, and video

 

 

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1        monitoring system. The failure notification system
2        shall provide an alert to designated dispensing
3        organization agents within 5 minutes after the
4        failure, either by telephone or text message;
5            (iv) A duress alarm, panic button, and alarm, or
6        holdup alarm and after-hours intrusion detection alarm
7        that by design and purpose will directly or indirectly
8        notify, by the most efficient means, the Public Safety
9        Answering Point for the law enforcement agency having
10        primary jurisdiction;
11            (v) Security equipment to deter and prevent
12        unauthorized entrance into the dispensary, including
13        electronic door locks on the limited and restricted
14        access areas that include devices or a series of
15        devices to detect unauthorized intrusion that may
16        include a signal system interconnected with a radio
17        frequency method, cellular, private radio signals or
18        other mechanical or electronic device.
19        (2) All security system equipment and recordings shall
20    be maintained in good working order, in a secure location
21    so as to prevent theft, loss, destruction, or alterations.
22        (3) Access to surveillance monitoring recording
23    equipment shall be limited to persons who are essential to
24    surveillance operations, law enforcement authorities
25    acting within their jurisdiction, security system service
26    personnel, and the Department. A current list of

 

 

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1    authorized dispensing organization agents and service
2    personnel that have access to the surveillance equipment
3    must be available to the Department upon request.
4        (4) All security equipment shall be inspected and
5    tested at regular intervals, not to exceed one month from
6    the previous inspection, and tested to ensure the systems
7    remain functional.
8        (5) The security system shall provide protection
9    against theft and diversion that is facilitated or hidden
10    by tampering with computers or electronic records.
11        (6) The dispensary shall ensure all access doors are
12    not solely controlled by an electronic access panel to
13    ensure that locks are not released during a power outage.
14    (i) To monitor the dispensary, the dispensing organization
15shall incorporate continuous electronic video monitoring
16including the following:
17        (1) All monitors must be 19 inches or greater;
18        (2) Unobstructed video surveillance of all enclosed
19    dispensary areas, unless prohibited by law, including all
20    points of entry and exit that shall be appropriate for the
21    normal lighting conditions of the area under surveillance.
22    The cameras shall be directed so all areas are captured,
23    including, but not limited to, safes, vaults, sales areas,
24    and areas where cannabis is stored, handled, dispensed, or
25    destroyed. Cameras shall be angled to allow for facial
26    recognition, the capture of clear and certain

 

 

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1    identification of any person entering or exiting the
2    dispensary area and in lighting sufficient during all
3    times of night or day;
4        (3) Unobstructed video surveillance of outside areas,
5    the storefront, and the parking lot, that shall be
6    appropriate for the normal lighting conditions of the area
7    under surveillance. Cameras shall be angled so as to allow
8    for the capture of facial recognition, clear and certain
9    identification of any person entering or exiting the
10    dispensary and the immediate surrounding area, and license
11    plates of vehicles in the parking lot;
12        (4) 24-hour recordings from all video cameras
13    available for immediate viewing by the Department upon
14    request. Recordings shall not be destroyed or altered and
15    shall be retained for at least 90 days. Recordings shall
16    be retained as long as necessary if the dispensing
17    organization is aware of the loss or theft of cannabis or a
18    pending criminal, civil, or administrative investigation
19    or legal proceeding for which the recording may contain
20    relevant information;
21        (5) The ability to immediately produce a clear, color
22    still photo from the surveillance video, either live or
23    recorded;
24        (6) A date and time stamp embedded on all video
25    surveillance recordings. The date and time shall be
26    synchronized and set correctly and shall not significantly

 

 

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1    obscure the picture;
2        (7) The ability to remain operational during a power
3    outage and ensure all access doors are not solely
4    controlled by an electronic access panel to ensure that
5    locks are not released during a power outage;
6        (8) All video surveillance equipment shall allow for
7    the exporting of still images in an industry standard
8    image format, including .jpg, .bmp, and .gif. Exported
9    video shall have the ability to be archived in a
10    proprietary format that ensures authentication of the
11    video and guarantees that no alteration of the recorded
12    image has taken place. Exported video shall also have the
13    ability to be saved in an industry standard file format
14    that can be played on a standard computer operating
15    system. All recordings shall be erased or destroyed before
16    disposal;
17        (9) The video surveillance system shall be operational
18    during a power outage with a 4-hour minimum battery
19    backup;
20        (10) A video camera or cameras recording at each
21    point-of-sale location allowing for the identification of
22    the dispensing organization agent distributing the
23    cannabis and any purchaser. The camera or cameras shall
24    capture the sale, the individuals and the computer
25    monitors used for the sale;
26        (11) A failure notification system that provides an

 

 

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1    audible and visual notification of any failure in the
2    electronic video monitoring system; and
3        (12) All electronic video surveillance monitoring must
4    record at least the equivalent of 8 frames per second and
5    be available as recordings to the Department and the
6    Illinois State Police 24 hours a day via a secure
7    web-based portal with reverse functionality.
8    (j) The requirements contained in this Act are minimum
9requirements for operating a dispensing organization. The
10Department may establish additional requirements by rule.
11(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
12102-538, eff. 8-20-21.)
 
13    (410 ILCS 705/15-145)
14    Sec. 15-145. Grounds for discipline.
15    (a) The Department may deny issuance, refuse to renew or
16restore, or may reprimand, place on probation, suspend,
17revoke, or take other disciplinary or nondisciplinary action
18against any license or agent identification card or may impose
19a fine for any of the following:
20        (1) Material misstatement in furnishing information to
21    the Department;
22        (2) Violations of this Act or rules;
23        (3) Obtaining an authorization or license by fraud or
24    misrepresentation;
25        (4) A pattern of conduct that demonstrates

 

 

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1    incompetence or that the applicant has engaged in conduct
2    or actions that would constitute grounds for discipline
3    under this Act;
4        (5) Aiding or assisting another person in violating
5    any provision of this Act or rules;
6        (6) Failing to respond to a written request for
7    information by the Department within 30 days;
8        (7) Engaging in unprofessional, dishonorable, or
9    unethical conduct of a character likely to deceive,
10    defraud, or harm the public;
11        (8) Adverse action by another United States
12    jurisdiction or foreign nation;
13        (9) A finding by the Department that the licensee,
14    after having his or her license placed on suspended or
15    probationary status, has violated the terms of the
16    suspension or probation;
17        (10) Conviction, entry of a plea of guilty, nolo
18    contendere, or the equivalent in a State or federal court
19    of a principal officer or agent-in-charge of a felony
20    offense in accordance with Sections 2105-131, 2105-135,
21    and 2105-205 of the Department of Professional Regulation
22    Law of the Civil Administrative Code of Illinois;
23        (11) Excessive use of or addiction to alcohol,
24    narcotics, stimulants, or any other chemical agent or
25    drug;
26        (12) A finding by the Department of a discrepancy in a

 

 

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1    Department audit of cannabis;
2        (13) A finding by the Department of a discrepancy in a
3    Department audit of capital or funds;
4        (14) A finding by the Department of acceptance of
5    cannabis from a source other than an Adult Use Cultivation
6    Center, craft grower, infuser, or transporting
7    organization licensed by the Department of Agriculture, or
8    a dispensing organization licensed by the Department;
9        (15) An inability to operate using reasonable
10    judgment, skill, or safety due to physical or mental
11    illness or other impairment or disability, including,
12    without limitation, deterioration through the aging
13    process or loss of motor skills or mental incompetence;
14        (16) Failing to report to the Department within the
15    time frames established, or if not identified, 14 days, of
16    any adverse action taken against the dispensing
17    organization or an agent by a licensing jurisdiction in
18    any state or any territory of the United States or any
19    foreign jurisdiction, any governmental agency, any law
20    enforcement agency or any court defined in this Section;
21        (17) Any violation of the dispensing organization's
22    policies and procedures submitted to the Department
23    annually as a condition for licensure;
24        (18) Failure to inform the Department of any change of
25    address within 10 business days;
26        (19) Disclosing customer names, personal information,

 

 

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1    or protected health information in violation of any State
2    or federal law;
3        (20) Operating a dispensary before obtaining a license
4    from the Department;
5        (21) Performing duties authorized by this Act prior to
6    receiving a license to perform such duties;
7        (22) Dispensing cannabis when prohibited by this Act
8    or rules;
9        (23) Any fact or condition that, if it had existed at
10    the time of the original application for the license,
11    would have warranted the denial of the license;
12        (24) Permitting a person without a valid agent
13    identification card to perform licensed activities under
14    this Act;
15        (25) Failure to assign an agent-in-charge as required
16    by this Article;
17        (26) Failure to provide the training required by
18    paragraph (3) of subsection (i) of Section 15-40 within
19    the provided timeframe;
20        (27) Personnel insufficient in number or unqualified
21    in training or experience to properly operate the
22    dispensary business;
23        (28) Any pattern of activity that causes a harmful
24    impact on the community; and
25        (29) Failing to prevent diversion, theft, or loss of
26    cannabis; and .

 

 

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1        (30) Engaging in a pattern of nonpayment or late
2    payment for goods or services to a cannabis business
3    establishment.
4    (b) All fines and fees imposed under this Section shall be
5paid within 60 days after the effective date of the order
6imposing the fine or as otherwise specified in the order.
7    (c) A circuit court order establishing that an
8agent-in-charge or principal officer holding an agent
9identification card is subject to involuntary admission as
10that term is defined in Section 1-119 or 1-119.1 of the Mental
11Health and Developmental Disabilities Code shall operate as a
12suspension of that card.
13(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
14    (410 ILCS 705/20-15)
15    Sec. 20-15. Conditional Adult Use Cultivation Center
16application.
17    (a) If the Department of Agriculture makes available
18additional cultivation center licenses pursuant to Section
1920-5, applicants for a Conditional Adult Use Cultivation
20Center License shall electronically submit the following in
21such form as the Department of Agriculture may direct:
22        (1) the nonrefundable application fee set by rule by
23    the Department of Agriculture, to be deposited into the
24    Cannabis Regulation Fund;
25        (2) the legal name of the cultivation center;

 

 

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1        (3) the proposed physical address of the cultivation
2    center;
3        (4) the name, address, social security number, and
4    date of birth of each principal officer and board member
5    of the cultivation center; each principal officer and
6    board member shall be at least 21 years of age;
7        (5) the details of any administrative or judicial
8    proceeding in which any of the principal officers or board
9    members of the cultivation center (i) pled guilty, were
10    convicted, were fined, or had a registration or license
11    suspended or revoked, or (ii) managed or served on the
12    board of a business or non-profit organization that pled
13    guilty, was convicted, was fined, or had a registration or
14    license suspended or revoked;
15        (6) proposed operating bylaws that include procedures
16    for the oversight of the cultivation center, including the
17    development and implementation of a plant monitoring
18    system, accurate recordkeeping, staffing plan, and
19    security plan approved by the Illinois State Police that
20    are in accordance with the rules issued by the Department
21    of Agriculture under this Act. A physical inventory shall
22    be performed of all plants and cannabis on a weekly basis
23    by the cultivation center;
24        (7) verification from the Illinois State Police that
25    all background checks of the prospective principal
26    officers, board members, and agents of the cannabis

 

 

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1    business establishment have been conducted;
2        (8) a copy of the current local zoning ordinance or
3    permit and verification that the proposed cultivation
4    center is in compliance with the local zoning rules and
5    distance limitations established by the local
6    jurisdiction;
7        (9) proposed employment practices, in which the
8    applicant must demonstrate a plan of action to inform,
9    hire, and educate minorities, women, veterans, and persons
10    with disabilities, engage in fair labor practices, and
11    provide worker protections;
12        (10) whether an applicant can demonstrate experience
13    in or business practices that promote economic empowerment
14    in Disproportionately Impacted Areas;
15        (11) experience with the cultivation of agricultural
16    or horticultural products, operating an agriculturally
17    related business, or operating a horticultural business;
18        (12) a description of the enclosed, locked facility
19    where cannabis will be grown, harvested, manufactured,
20    processed, packaged, or otherwise prepared for
21    distribution to a dispensing organization;
22        (13) a survey of the enclosed, locked facility,
23    including the space used for cultivation;
24        (14) cultivation, processing, inventory, and packaging
25    plans;
26        (15) a description of the applicant's experience with

 

 

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1    agricultural cultivation techniques and industry
2    standards;
3        (16) a list of any academic degrees, certifications,
4    or relevant experience of all prospective principal
5    officers, board members, and agents of the related
6    business;
7        (17) the identity of every person having a financial
8    or voting interest of 5% or greater in the cultivation
9    center operation with respect to which the license is
10    sought, whether a trust, corporation, partnership, limited
11    liability company, or sole proprietorship, including the
12    name and address of each person;
13        (18) a plan describing how the cultivation center will
14    address each of the following:
15            (i) energy needs, including estimates of monthly
16        electricity and gas usage, to what extent it will
17        procure energy from a local utility or from on-site
18        generation, and if it has or will adopt a sustainable
19        energy use and energy conservation policy;
20            (ii) water needs, including estimated water draw
21        and if it has or will adopt a sustainable water use and
22        water conservation policy; and
23            (iii) waste management, including if it has or
24        will adopt a waste reduction policy;
25        (19) a diversity plan that includes a narrative of not
26    more than 2,500 words that establishes a goal of diversity

 

 

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1    in ownership, management, employment, and contracting to
2    ensure that diverse participants and groups are afforded
3    equality of opportunity;
4        (20) any other information required by rule;
5        (21) a recycling plan:
6            (A) Purchaser packaging, including cartridges,
7        shall be accepted by the applicant and recycled.
8            (B) Any recyclable waste generated by the cannabis
9        cultivation facility shall be recycled per applicable
10        State and local laws, ordinances, and rules.
11            (C) Any cannabis waste, liquid waste, or hazardous
12        waste shall be disposed of in accordance with 8 Ill.
13        Adm. Code 1000.460, except, to the greatest extent
14        feasible, all cannabis plant waste will be rendered
15        unusable by grinding and incorporating the cannabis
16        plant waste with compostable mixed waste to be
17        disposed of in accordance with 8 Ill. Adm. Code
18        1000.460(g)(1);
19        (22) commitment to comply with local waste provisions:
20    a cultivation facility must remain in compliance with
21    applicable State and federal environmental requirements,
22    including, but not limited to:
23            (A) storing, securing, and managing all
24        recyclables and waste, including organic waste
25        composed of or containing finished cannabis and
26        cannabis products, in accordance with applicable State

 

 

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1        and local laws, ordinances, and rules; and
2            (B) disposing liquid waste containing cannabis or
3        byproducts of cannabis processing in compliance with
4        all applicable State and federal requirements,
5        including, but not limited to, the cannabis
6        cultivation facility's permits under Title X of the
7        Environmental Protection Act; and
8        (23) a commitment to a technology standard for
9    resource efficiency of the cultivation center facility.
10            (A) A cannabis cultivation facility commits to use
11        resources efficiently, including energy and water. For
12        the following, a cannabis cultivation facility commits
13        to meet or exceed the technology standard identified
14        in items (i), (ii), (iii), and (iv), which may be
15        modified by rule:
16                (i) lighting systems, including light bulbs;
17                (ii) HVAC system;
18                (iii) water application system to the crop;
19            and
20                (iv) filtration system for removing
21            contaminants from wastewater.
22            (B) Lighting. The Lighting Power Densities (LPD)
23        for cultivation space commits to not exceed an average
24        of 36 watts per gross square foot of active and growing
25        space canopy, or all installed lighting technology
26        shall meet a photosynthetic photon efficacy (PPE) of

 

 

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1        no less than 2.2 micromoles per joule fixture and
2        shall be featured on the DesignLights Consortium (DLC)
3        Horticultural Specification Qualified Products List
4        (QPL). In the event that DLC requirement for minimum
5        efficacy exceeds 2.2 micromoles per joule fixture,
6        that PPE shall become the new standard.
7            (C) HVAC. The (i) For cannabis grow operations
8        with less than 6,000 square feet of canopy, the
9        licensee commits that all HVAC units will be
10        high-efficiency ductless split HVAC units, or other
11        more energy efficient equipment.
12                (ii) For cannabis grow operations with 6,000
13            square feet of canopy or more, the licensee
14            commits that all HVAC units will be variable
15            refrigerant flow HVAC units, or other more energy
16            efficient equipment.
17            (D) Water application.
18                (i) The cannabis cultivation facility commits
19            to use automated watering systems, including, but
20            not limited to, drip irrigation and flood tables,
21            to irrigate cannabis crops crop.
22                (ii) The cannabis cultivation facility commits
23            to measure runoff from watering events and report
24            this volume in its water usage plan, and that on
25            average, watering events shall have no more than
26            20% of runoff of water.

 

 

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1            (E) Filtration. The cultivator commits that HVAC
2        condensate, dehumidification water, excess runoff, and
3        other wastewater produced by the cannabis cultivation
4        facility shall be captured and filtered to the best of
5        the facility's ability to achieve the quality needed
6        to be reused in subsequent watering rounds.
7            (F) Reporting energy use and efficiency as
8        required by rule.
9    (b) Applicants must submit all required information,
10including the information required in Section 20-10, to the
11Department of Agriculture. Failure by an applicant to submit
12all required information may result in the application being
13disqualified.
14    (c) If the Department of Agriculture receives an
15application with missing information, the Department of
16Agriculture may issue a deficiency notice to the applicant.
17The applicant shall have 10 calendar days from the date of the
18deficiency notice to resubmit the incomplete information.
19Applications that are still incomplete after this opportunity
20to cure will not be scored and will be disqualified.
21    (e) A cultivation center that is awarded a Conditional
22Adult Use Cultivation Center License pursuant to the criteria
23in Section 20-20 shall not grow, purchase, possess, or sell
24cannabis or cannabis-infused products until the person has
25received an Adult Use Cultivation Center License issued by the
26Department of Agriculture pursuant to Section 20-21 of this

 

 

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1Act.
2(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
3102-538, eff. 8-20-21.)
 
4    (410 ILCS 705/20-30)
5    Sec. 20-30. Cultivation center requirements; prohibitions.
6    (a) The operating documents of a cultivation center shall
7include procedures for the oversight of the cultivation
8center, a cannabis plant monitoring system including a
9physical inventory recorded weekly, accurate recordkeeping,
10and a staffing plan.
11    (b) A cultivation center shall implement a security plan
12reviewed by the Illinois State Police that includes, but is
13not limited to: facility access controls, perimeter intrusion
14detection systems, personnel identification systems, 24-hour
15surveillance system to monitor the interior and exterior of
16the cultivation center facility and accessibility to
17authorized law enforcement, the Department of Public Health
18where processing takes place, and the Department of
19Agriculture in real time.
20    (c) All cultivation of cannabis by a cultivation center
21must take place in an enclosed, locked facility at the
22physical address provided to the Department of Agriculture
23during the licensing process. The cultivation center location
24shall only be accessed by the agents working for the
25cultivation center, the Department of Agriculture staff

 

 

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1performing inspections, the Department of Public Health staff
2performing inspections, local and State law enforcement or
3other emergency personnel, contractors working on jobs
4unrelated to cannabis, such as installing or maintaining
5security devices or performing electrical wiring, transporting
6organization agents as provided in this Act, individuals in a
7mentoring or educational program approved by the State, or
8other individuals as provided by rule.
9    (d) A cultivation center may not sell or distribute any
10cannabis or cannabis-infused products to any person other than
11a dispensing organization, craft grower, infuser organization,
12transporter, or as otherwise authorized by rule.
13    (e) A cultivation center may not either directly or
14indirectly discriminate in price between different dispensing
15organizations, craft growers, or infuser organizations that
16are purchasing a like grade, strain, brand, and quality of
17cannabis or cannabis-infused product. Nothing in this
18subsection (e) prevents a cultivation center from pricing
19cannabis differently based on differences in the cost of
20manufacturing or processing, the quantities sold, such as
21volume discounts, or the way the products are delivered.
22    (f) All cannabis harvested by a cultivation center and
23intended for distribution to a dispensing organization must be
24entered into a data collection system, packaged and labeled
25under Section 55-21, and placed into a cannabis container for
26transport. All cannabis harvested by a cultivation center and

 

 

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1intended for distribution to a craft grower or infuser
2organization must be packaged in a labeled cannabis container
3and entered into a data collection system before transport.
4    (g) Cultivation centers are subject to random inspections
5by the Department of Agriculture, the Department of Public
6Health, local safety or health inspectors, the Illinois State
7Police, or as provided by rule.
8    (h) A cultivation center agent shall notify local law
9enforcement, the Illinois State Police, and the Department of
10Agriculture within 24 hours of the discovery of any loss or
11theft. Notification shall be made by phone or in person, or by
12written or electronic communication.
13    (i) A cultivation center shall comply with all State and
14any applicable federal rules and regulations regarding the use
15of pesticides on cannabis plants.
16    (j) No person or entity shall hold any legal, equitable,
17ownership, or beneficial interest, directly or indirectly, of
18more than 3 cultivation centers licensed under this Article.
19Further, no person or entity that is employed by, an agent of,
20has a contract to receive payment in any form from a
21cultivation center, is a principal officer of a cultivation
22center, or entity controlled by or affiliated with a principal
23officer of a cultivation shall hold any legal, equitable,
24ownership, or beneficial interest, directly or indirectly, in
25a cultivation that would result in the person or entity owning
26or controlling in combination with any cultivation center,

 

 

10300HB2911sam004- 205 -LRB103 26014 RJT 74237 a

1principal officer of a cultivation center, or entity
2controlled or affiliated with a principal officer of a
3cultivation center by which he, she, or it is employed, is an
4agent of, or participates in the management of, more than 3
5cultivation center licenses.
6    (k) A cultivation center may not contain more than 210,000
7square feet of canopy space for plants in the flowering stage
8for cultivation of adult use cannabis as provided in this Act.
9    (l) A cultivation center may process cannabis, cannabis
10concentrates, and cannabis-infused products.
11    (m) Beginning July 1, 2020, a cultivation center shall not
12transport cannabis or cannabis-infused products to a craft
13grower, dispensing organization, infuser organization, or
14laboratory licensed under this Act, unless it has obtained a
15transporting organization license.
16    (n) It is unlawful for any person having a cultivation
17center license or any officer, associate, member,
18representative, or agent of such licensee to offer or deliver
19money, or anything else of value, directly or indirectly to
20any person having an Early Approval Adult Use Dispensing
21Organization License, a Conditional Adult Use Dispensing
22Organization License, an Adult Use Dispensing Organization
23License, or a medical cannabis dispensing organization license
24issued under the Compassionate Use of Medical Cannabis Program
25Act, or to any person connected with or in any way
26representing, or to any member of the family of, such person

 

 

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1holding an Early Approval Adult Use Dispensing Organization
2License, a Conditional Adult Use Dispensing Organization
3License, an Adult Use Dispensing Organization License, or a
4medical cannabis dispensing organization license issued under
5the Compassionate Use of Medical Cannabis Program Act, or to
6any stockholders in any corporation engaged in the retail sale
7of cannabis, or to any officer, manager, agent, or
8representative of the Early Approval Adult Use Dispensing
9Organization License, a Conditional Adult Use Dispensing
10Organization License, an Adult Use Dispensing Organization
11License, or a medical cannabis dispensing organization license
12issued under the Compassionate Use of Medical Cannabis Program
13Act to obtain preferential placement within the dispensing
14organization, including, without limitation, on shelves and in
15display cases where purchasers can view products, or on the
16dispensing organization's website.
17    (o) A cultivation center must comply with any other
18requirements or prohibitions set by administrative rule of the
19Department of Agriculture.
20    (p) Cannabis business establishments shall adhere to the
21traceability and consumer protection guidelines established by
22the Department of Agriculture when utilizing the cannabis
23plant monitoring system or cannabis transport GPS tracking
24system.
25(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
26102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff.

 

 

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15-13-22.)
 
2    (410 ILCS 705/20-35)
3    Sec. 20-35. Cultivation center 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 cultivation center
20    where the 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 the cultivation
5center at which the agent is employed.
6    (c) The agent identification cards shall contain the
7following:
8        (1) the name of the cardholder;
9        (2) the date of issuance and expiration date of the
10    identification card;
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 holder;
14        (4) a photograph of the cardholder; and
15        (5) the legal name of the cultivation center employing
16    the agent.
17    (d) An agent identification card shall be immediately
18returned to the cultivation center of the agent upon
19termination of his or her employment.
20    (e) Any agent identification card lost by a cultivation
21center agent shall be reported to the Illinois State Police
22and the Department of Agriculture immediately upon discovery
23of the loss.
24    (f) The Department of Agriculture shall not issue an agent
25identification card if the applicant is delinquent in filing
26any required tax returns or paying any amounts owed to the

 

 

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1State of Illinois.
2    (g) The Department and the Department of Financial and
3Professional Regulation may develop and implement an
4integrated system to issue an agent identification card which
5identifies a cultivation center agent licensed by the
6Department as well as any craft grower, transporter,
7dispensing organization, community college program, or infuser
8license or registration the agent may simultaneously hold.
9(Source: P.A. 101-27, eff. 6-25-19; 102-538, eff. 8-20-21.)
 
10    (410 ILCS 705/20-45)
11    Sec. 20-45. Renewal of cultivation center licenses and
12agent identification cards.
13    (a) Licenses and identification cards issued under this
14Act shall be renewed annually. A cultivation center shall
15receive written or electronic notice 90 days before the
16expiration of its current license that the license will
17expire. The Department of Agriculture shall grant a renewal
18within 45 days of submission of a renewal application if:
19        (1) the cultivation center submits a renewal
20    application and the required nonrefundable renewal fee of
21    $100,000, or another amount as the Department of
22    Agriculture may set by rule after January 1, 2021, to be
23    deposited into the Cannabis Regulation Fund.
24        (2) the Department of Agriculture has not suspended
25    the license of the cultivation center or suspended or

 

 

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1    revoked the license for violating this Act or rules
2    adopted under this Act;
3        (3) the cultivation center has continued to operate in
4    accordance with all plans submitted as part of its
5    application and approved by the Department of Agriculture
6    or any amendments thereto that have been approved by the
7    Department of Agriculture;
8        (4) the cultivation center has submitted an agent,
9    employee, contracting, and subcontracting diversity report
10    as required by the Department; and
11        (5) the cultivation center has submitted an
12    environmental impact report.
13    (b) If a cultivation center fails to renew its license
14before expiration, it shall cease operations until its license
15is renewed.
16    (c) If a cultivation center agent fails to renew his or her
17identification card before its expiration, he or she shall
18cease to work as an agent of the cultivation center until his
19or her identification card is renewed.
20    (d) Any cultivation center that continues to operate, or
21any cultivation center agent who continues to work as an
22agent, after the applicable license or identification card has
23expired without renewal is subject to the penalties provided
24under Section 45-5.
25    (e) The Department of Agriculture shall not renew a
26license or an agent identification card if the applicant is

 

 

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1delinquent in filing any required tax returns or paying any
2amounts owed to the State.
3(Source: P.A. 101-27, eff. 6-25-19.)
 
4    (410 ILCS 705/25-35)
5    (Section scheduled to be repealed on July 1, 2026)
6    Sec. 25-35. Community College Cannabis Vocational Training
7Pilot Program faculty participant agent identification card.
8    (a) The Department shall:
9        (1) establish by rule the information required in an
10    initial application or renewal application for an agent
11    identification card submitted under this Article and the
12    nonrefundable fee to accompany the initial application or
13    renewal application;
14        (2) verify the information contained in an initial
15    application or renewal application for an agent
16    identification card submitted under this Article, and
17    approve or deny an application within 30 days of receiving
18    a completed initial application or renewal application and
19    all supporting documentation required by rule;
20        (3) issue an agent identification card to a qualifying
21    agent within 15 business days of approving the initial
22    application or renewal application;
23        (4) enter the license number of the community college
24    where the agent works; and
25        (5) allow for an electronic initial application and

 

 

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1    renewal application process, and provide a confirmation by
2    electronic or other methods that an application has been
3    submitted. Each Department may by rule require prospective
4    agents to file their applications by electronic means and
5    to provide notices to the agents by electronic means.
6    (b) An agent must keep his or her identification card
7visible at all times when in the enclosed, locked facility, or
8facilities for which he or she is an agent.
9    (c) The agent identification cards shall contain the
10following:
11        (1) the name of the cardholder;
12        (2) the date of issuance and expiration date of the
13    identification card;
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;
17        (4) a photograph of the cardholder; and
18        (5) the legal name of the community college employing
19    the agent.
20    (d) An agent identification card shall be immediately
21returned to the community college of the agent upon
22termination of his or her employment.
23    (e) Any agent identification card lost shall be reported
24to the Illinois State Police and the Department of Agriculture
25immediately upon discovery of the loss.
26    (f) An agent applicant may begin employment at a Community

 

 

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1College Cannabis Vocational Training Pilot Program while the
2agent applicant's identification card application is pending.
3Upon approval, the Department shall issue the agent's
4identification card to the agent. If denied, the Community
5College Cannabis Vocational Training Pilot Program and the
6agent applicant shall be notified and the agent applicant must
7cease all activity at the Community College Cannabis
8Vocational Training Pilot Program immediately.
9    (g) The Department of Agriculture shall not issue an agent
10identification card if the applicant is delinquent in filing
11any required tax returns or paying any amounts owed to the
12State.
13    (h) The Department of Agriculture and the Department of
14Financial and Professional Regulation may develop and
15implement an integrated system to issue an agent
16identification card which identifies a community college
17program agent licensed by the Department as well as any
18cultivation center, craft grower, transporter, dispensing
19organization, or infuser license or registration the agent may
20simultaneously hold.
21(Source: P.A. 101-27, eff. 6-25-19; 102-98, eff. 7-15-21;
22102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
 
23    (410 ILCS 705/30-10)
24    Sec. 30-10. Application.
25    (a) When applying for a license, the applicant shall

 

 

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1electronically submit the following in such form as the
2Department of Agriculture may direct:
3        (1) the nonrefundable application fee of $5,000 to be
4    deposited into the Cannabis Regulation Fund, or another
5    amount as the Department of Agriculture may set by rule
6    after January 1, 2021;
7        (2) the legal name of the craft grower;
8        (3) the proposed physical address of the craft grower;
9        (4) the name, address, social security number, and
10    date of birth of each principal officer and board member
11    of the craft grower; each principal officer and board
12    member shall be at least 21 years of age;
13        (5) the details of any administrative or judicial
14    proceeding in which any of the principal officers or board
15    members of the craft grower (i) pled guilty, were
16    convicted, were fined, or had a registration or license
17    suspended or revoked or (ii) managed or served on the
18    board of a business or non-profit organization that pled
19    guilty, was convicted, was fined, or had a registration or
20    license suspended or revoked;
21        (6) proposed operating bylaws that include procedures
22    for the oversight of the craft grower, including the
23    development and implementation of a plant monitoring
24    system, accurate recordkeeping, staffing plan, and
25    security plan approved by the Illinois State Police that
26    are in accordance with the rules issued by the Department

 

 

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1    of Agriculture under this Act; a physical inventory shall
2    be performed of all plants and on a weekly basis by the
3    craft grower;
4        (7) verification from the Illinois State Police that
5    all background checks of the prospective principal
6    officers, board members, and agents of the cannabis
7    business establishment have been conducted;
8        (8) a copy of the current local zoning ordinance or
9    permit and verification that the proposed craft grower is
10    in compliance with the local zoning rules and distance
11    limitations established by the local jurisdiction;
12        (9) proposed employment practices, in which the
13    applicant must demonstrate a plan of action to inform,
14    hire, and educate minorities, women, veterans, and persons
15    with disabilities, engage in fair labor practices, and
16