Illinois General Assembly - Full Text of SB3105
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Full Text of SB3105  102nd General Assembly

SB3105 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3105

 

Introduced 1/11/2022, by Sen. Cristina Castro

 

SYNOPSIS AS INTRODUCED:
 
410 ILCS 705/1-10
410 ILCS 705/15-87 new
410 ILCS 705/20-30
410 ILCS 705/30-30

    Amends the Cannabis Regulation and Tax Act. Provides that a craft craft grower may contain up to 14,000 (rather than 5,000) square feet of canopy space on its premises for plants in the flowering state. Removes language providing that the Department of Agriculture may authorize an increase or decrease of flowering stage cultivation space in increments of 3,000 square feet by rule based on market need, craft grower capacity, and the licensee's history of compliance or noncompliance, with a maximum space of 14,000 square feet for cultivating plants in the flowering stage. Provides that, notwithstanding any other provision of law, a dispensing organization may offer curbside or drive-through pickup after submitting and receiving approval from the Department of Financial and Professional Regulation. Provides that all orders for curbside or drive-through pickup must be placed in advance and no in person or on-site ordering is permitted. Requires each cultivation center to set aside a portion of THC oil extract from its monthly production for sale to craft growers and infuser organizations licensed under the Act. Provides that a cultivation center is prohibited from requiring a craft grower or infuser organization to purchase one product in order to purchase another and from discriminating in price between similarly situated craft growers or infusers organizations. Requires cultivation centers to provide the Department of Agriculture with sales data for the sale of THC oil extract to a craft grower or infuser organization upon request. Provides that the Department of Agriculture shall publish the average sale price of THC oil extract for each cultivation center monthly on its website. Removes language providing that a craft grower shall not be located within 1,500 feet of another craft grower or a cultivation center.


LRB102 22462 CPF 32284 b

 

 

A BILL FOR

 

SB3105LRB102 22462 CPF 32284 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Cannabis Regulation and Tax Act is amended
5by changing Sections 1-10, 20-30, and 30-30 and by adding
6Section 15-87 as follows:
 
7    (410 ILCS 705/1-10)
8    Sec. 1-10. Definitions. In this Act:
9    "Adult Use Cultivation Center License" means a license
10issued by the Department of Agriculture that permits a person
11to act as a cultivation center under this Act and any
12administrative rule made in furtherance of this Act.
13    "Adult Use Dispensing Organization License" means a
14license issued by the Department of Financial and Professional
15Regulation that permits a person to act as a dispensing
16organization under this Act and any administrative rule made
17in furtherance of this Act.
18    "Advertise" means to engage in promotional activities
19including, but not limited to: newspaper, radio, Internet and
20electronic media, and television advertising; the distribution
21of fliers and circulars; billboard advertising; and the
22display of window and interior signs. "Advertise" does not
23mean exterior signage displaying only the name of the licensed

 

 

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

 

 

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

 

 

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

 

 

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

 

 

SB3105- 6 -LRB102 22462 CPF 32284 b

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

SB3105- 11 -LRB102 22462 CPF 32284 b

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

 

 

SB3105- 12 -LRB102 22462 CPF 32284 b

1    "Flowering stage" means the stage of cultivation where and
2when a cannabis plant is cultivated to produce plant material
3for cannabis products. This includes mature plants as follows:
4        (1) if greater than 2 stigmas are visible at each
5    internode of the plant; or
6        (2) if the cannabis plant is in an area that has been
7    intentionally deprived of light for a period of time
8    intended to produce flower buds and induce maturation,
9    from the moment the light deprivation began through the
10    remainder of the marijuana plant growth cycle.
11    "Individual" means a natural person.
12    "Infuser organization" or "infuser" means a facility
13operated by an organization or business that is licensed by
14the Department of Agriculture to directly incorporate cannabis
15or cannabis concentrate into a product formulation to produce
16a cannabis-infused product.
17    "Kief" means the resinous crystal-like trichomes that are
18found on cannabis and that are accumulated, resulting in a
19higher concentration of cannabinoids, untreated by heat or
20pressure, or extracted using a solvent.
21    "Labor peace agreement" means an agreement between a
22cannabis business establishment and any labor organization
23recognized under the National Labor Relations Act, referred to
24in this Act as a bona fide labor organization, that prohibits
25labor organizations and members from engaging in picketing,
26work stoppages, boycotts, and any other economic interference

 

 

SB3105- 13 -LRB102 22462 CPF 32284 b

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

 

 

SB3105- 14 -LRB102 22462 CPF 32284 b

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

 

 

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1Section 10-10 that may be possessed at any one time by a person
221 years of age or older or who is a registered qualifying
3medical cannabis patient or caregiver under the Compassionate
4Use of Medical Cannabis Program Act.
5    "Principal officer" includes a cannabis business
6establishment applicant or licensed cannabis business
7establishment's board member, owner with more than 1% interest
8of the total cannabis business establishment or more than 5%
9interest of the total cannabis business establishment of a
10publicly traded company, president, vice president, secretary,
11treasurer, partner, officer, member, manager member, or person
12with a profit sharing, financial interest, or revenue sharing
13arrangement. The definition includes a person with authority
14to control the cannabis business establishment, a person who
15assumes responsibility for the debts of the cannabis business
16establishment and who is further defined in this Act.
17    "Primary residence" means a dwelling where a person
18usually stays or stays more often than other locations. It may
19be determined by, without limitation, presence, tax filings;
20address on an Illinois driver's license, an Illinois
21Identification Card, or an Illinois Person with a Disability
22Identification Card; or voter registration. No person may have
23more than one primary residence.
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

 

 

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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 conditional license under

 

 

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

 

 

SB3105- 18 -LRB102 22462 CPF 32284 b

1        (2) an applicant with at least 51% ownership and
2    control by one or more individuals who:
3            (i) have been arrested for, convicted of, or
4        adjudicated delinquent for any offense that is
5        eligible for expungement under this Act; or
6            (ii) is a member of an impacted family;
7        (3) for applicants with a minimum of 10 full-time
8    employees, an applicant with at least 51% of current
9    employees who:
10            (i) currently reside in a Disproportionately
11        Impacted Area; or
12            (ii) have been arrested for, convicted of, or
13        adjudicated delinquent for any offense that is
14        eligible for expungement under this Act or member of
15        an impacted family.
16    Nothing in this Act shall be construed to preempt or limit
17the duties of any employer under the Job Opportunities for
18Qualified Applicants Act. Nothing in this Act shall permit an
19employer to require an employee to disclose sealed or expunged
20offenses, unless otherwise required by law.
21    "Tied Applicant" means an application submitted by a
22Dispensary Applicant pursuant to Section 15-30 that received
23the same number of application points under Section 15-30 as
24the Dispensary Applicant's final score as one or more
25top-scoring applications in the same BLS Region and would have
26been awarded a license but for the one or more other

 

 

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1top-scoring applications that received the same number of
2application points. Each application for which a Dispensary
3Applicant was required to pay a required application fee for
4the application period ending January 2, 2020 shall be
5considered an application of a separate Tied Applicant.
6    "Tied Applicant Lottery" means the process established
7under 68 Ill. Adm. Code 1291.50 for awarding Conditional Adult
8Use Dispensing Organization Licenses pursuant to Sections
915-25 and 15-30 among Eligible Tied Applicants.
10    "Tincture" means a cannabis-infused solution, typically
11comprised of alcohol, glycerin, or vegetable oils, derived
12either directly from the cannabis plant or from a processed
13cannabis extract. A tincture is not an alcoholic liquor as
14defined in the Liquor Control Act of 1934. A tincture shall
15include a calibrated dropper or other similar device capable
16of accurately measuring servings.
17    "Transporting organization" or "transporter" means an
18organization or business that is licensed by the Department of
19Agriculture to transport cannabis or cannabis-infused product
20on behalf of a cannabis business establishment or a community
21college licensed under the Community College Cannabis
22Vocational Training Pilot Program.
23    "Transporting organization agent" means a principal
24officer, board member, employee, or agent of a transporting
25organization.
26    "Transporting organization agent identification card"

 

 

SB3105- 20 -LRB102 22462 CPF 32284 b

1means a document issued by the Department of Agriculture that
2identifies a person as a transporting organization agent.
3    "Unit of local government" means any county, city,
4village, or incorporated town.
5    "Vegetative stage" means the stage of cultivation in which
6a cannabis plant is propagated to produce additional cannabis
7plants or reach a sufficient size for production. This
8includes seedlings, clones, mothers, and other immature
9cannabis plants as follows:
10        (1) if the cannabis plant is in an area that has not
11    been intentionally deprived of light for a period of time
12    intended to produce flower buds and induce maturation, it
13    has no more than 2 stigmas visible at each internode of the
14    cannabis plant; or
15        (2) any cannabis plant that is cultivated solely for
16    the purpose of propagating clones and is never used to
17    produce cannabis.
18(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
19102-98, eff. 7-15-21; 102-538, eff. 8-20-21; revised
2010-13-21.)
 
21    (410 ILCS 705/15-87 new)
22    Sec. 15-87. Curbside pickup. Notwithstanding any other
23provision of law, a dispensing organization may offer curbside
24or drive-through pickup after submitting and receiving
25approval from the Department. All orders for curbside or

 

 

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1drive-through pickup must be placed in advance and no in
2person or on-site ordering is permitted.
 
3    (410 ILCS 705/20-30)
4    Sec. 20-30. Cultivation center requirements; prohibitions.
5    (a) The operating documents of a cultivation center shall
6include procedures for the oversight of the cultivation
7center, a cannabis plant monitoring system including a
8physical inventory recorded weekly, accurate recordkeeping,
9and a staffing plan.
10    (b) A cultivation center shall implement a security plan
11reviewed by the Illinois State Police that includes, but is
12not limited to: facility access controls, perimeter intrusion
13detection systems, personnel identification systems, 24-hour
14surveillance system to monitor the interior and exterior of
15the cultivation center facility and accessibility to
16authorized law enforcement, the Department of Public Health
17where processing takes place, and the Department of
18Agriculture in real time.
19    (c) All cultivation of cannabis by a cultivation center
20must take place in an enclosed, locked facility at the
21physical address provided to the Department of Agriculture
22during the licensing process. The cultivation center location
23shall only be accessed by the agents working for the
24cultivation center, the Department of Agriculture staff
25performing inspections, the Department of Public Health staff

 

 

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

 

 

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

 

 

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

 

 

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1License, a Conditional Adult Use Dispensing Organization
2License, an Adult Use Dispensing Organization License, or a
3medical cannabis dispensing organization license issued under
4the Compassionate Use of Medical Cannabis Program Act, or to
5any stockholders in any corporation engaged in the retail sale
6of cannabis, or to any officer, manager, agent, or
7representative of the Early Approval Adult Use Dispensing
8Organization License, a Conditional Adult Use Dispensing
9Organization License, an Adult Use Dispensing Organization
10License, or a medical cannabis dispensing organization license
11issued under the Compassionate Use of Medical Cannabis Program
12Act to obtain preferential placement within the dispensing
13organization, including, without limitation, on shelves and in
14display cases where purchasers can view products, or on the
15dispensing organization's website.
16    (o) A cultivation center must comply with any other
17requirements or prohibitions set by administrative rule of the
18Department of Agriculture.
19    (p) The following requirements apply to the sale of THC
20oil extract or cannabis products to a craft grower or an
21infuser organization:
22        (1) Each cultivation center shall set aside a portion
23    of THC oil extract from its monthly production for sale to
24    craft growers and infuser organizations licensed under
25    this Act. Each cultivation center shall set aside 3% of
26    its overall production of THC oil extract for sale to

 

 

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1    craft growers and 2% of their overall production for sale
2    to infuser organizations. The THC oil extract shall be
3    sold to craft growers and infuser organizations at a
4    commercially reasonable market rate and must be sold at a
5    quantity discount such that the price per gram is 25% less
6    than the cost to customers. The cultivation center must
7    offer the same quantity price discount to all similarly
8    situated craft growers and infuser organizations who agree
9    to purchase THC oil extract derived from the same batch or
10    lot.
11        (2) A cultivation center is prohibited from the
12    following:
13            (A) Requiring a craft grower or infuser
14        organization to purchase one product in order to
15        purchase another. This includes combination sales if
16        one or more products may be purchased only in
17        combination with other products and not individually.
18        However, a cultivation center is not prohibited from
19        selling at a special combination price 2 or more kinds
20        or brands of product to a craft grower or infuser
21        organization if:
22                (i) the craft grower or infuser organization
23            has the option of purchasing either product at the
24            usual price; and
25                (ii) the craft grower or infuser organization
26            is not required to purchase any product it does

 

 

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1            not want.
2            (B) Discriminating in price between similarly
3        situated craft growers or infusers organizations,
4        where the effect of such discrimination may
5        substantially lessen competition, tend to create a
6        monopoly, or injure, destroy, or prevent competition
7        with any craft grower or infuser organization that
8        either grants or knowingly receives the benefit of
9        such discrimination.
10        (3) A cultivation center must provide the Department
11    with sales data documenting the price, quantity, date of
12    purchase, any discounts applied, and purchaser information
13    for the sale of THC oil extract to a craft grower or an
14    infuser organization upon request. The Department shall
15    publish the average sale price of THC oil extract for each
16    cultivation center monthly on its website.
17(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
18102-98, eff. 7-15-21; 102-538, eff. 8-20-21; revised 11-9-21.)
 
19    (410 ILCS 705/30-30)
20    Sec. 30-30. Craft grower requirements; prohibitions.
21    (a) The operating documents of a craft grower shall
22include procedures for the oversight of the craft grower, a
23cannabis plant monitoring system including a physical
24inventory recorded weekly, accurate recordkeeping, and a
25staffing plan.

 

 

SB3105- 28 -LRB102 22462 CPF 32284 b

1    (b) A craft grower shall implement a security plan
2reviewed by the Illinois State Police that includes, but is
3not limited to: facility access controls, perimeter intrusion
4detection systems, personnel identification systems, and a
524-hour surveillance system to monitor the interior and
6exterior of the craft grower facility and that is accessible
7to authorized law enforcement and the Department of
8Agriculture in real time.
9    (c) All cultivation of cannabis by a craft grower must
10take place in an enclosed, locked facility at the physical
11address provided to the Department of Agriculture during the
12licensing process. The craft grower location shall only be
13accessed by the agents working for the craft grower, the
14Department of Agriculture staff performing inspections, the
15Department of Public Health staff performing inspections,
16State and local law enforcement or other emergency personnel,
17contractors working on jobs unrelated to cannabis, such as
18installing or maintaining security devices or performing
19electrical wiring, transporting organization agents as
20provided in this Act, or participants in the incubator
21program, individuals in a mentoring or educational program
22approved by the State, or other individuals as provided by
23rule. However, if a craft grower shares a premises with an
24infuser or dispensing organization, agents from those other
25licensees may access the craft grower portion of the premises
26if that is the location of common bathrooms, lunchrooms,

 

 

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1locker rooms, or other areas of the building where work or
2cultivation of cannabis is not performed. At no time may an
3infuser or dispensing organization agent perform work at a
4craft grower without being a registered agent of the craft
5grower.
6    (d) A craft grower may not sell or distribute any cannabis
7to any person other than a cultivation center, a craft grower,
8an infuser organization, a dispensing organization, or as
9otherwise authorized by rule.
10    (e) A craft grower may not be located in an area zoned for
11residential use.
12    (f) A craft grower may not either directly or indirectly
13discriminate in price between different cannabis business
14establishments that are purchasing a like grade, strain,
15brand, and quality of cannabis or cannabis-infused product.
16Nothing in this subsection (f) prevents a craft grower from
17pricing cannabis differently based on differences in the cost
18of manufacturing or processing, the quantities sold, such as
19volume discounts, or the way the products are delivered.
20    (g) All cannabis harvested by a craft grower and intended
21for distribution to a dispensing organization must be entered
22into a data collection system, packaged and labeled under
23Section 55-21, and, if distribution is to a dispensing
24organization that does not share a premises with the
25dispensing organization receiving the cannabis, placed into a
26cannabis container for transport. All cannabis harvested by a

 

 

SB3105- 30 -LRB102 22462 CPF 32284 b

1craft grower and intended for distribution to a cultivation
2center, to an infuser organization, or to a craft grower with
3which it does not share a premises, must be packaged in a
4labeled cannabis container and entered into a data collection
5system before transport.
6    (h) Craft growers are subject to random inspections by the
7Department of Agriculture, local safety or health inspectors,
8the Illinois State Police, or as provided by rule.
9    (i) A craft grower agent shall notify local law
10enforcement, the Illinois State Police, and the Department of
11Agriculture within 24 hours of the discovery of any loss or
12theft. Notification shall be made by phone, in person, or
13written or electronic communication.
14    (j) A craft grower shall comply with all State and any
15applicable federal rules and regulations regarding the use of
16pesticides.
17    (k) A craft grower or craft grower agent shall not
18transport cannabis or cannabis-infused products to any other
19cannabis business establishment without a transport
20organization license unless:
21        (i) If the craft grower is located in a county with a
22    population of 3,000,000 or more, the cannabis business
23    establishment receiving the cannabis is within 2,000 feet
24    of the property line of the craft grower;
25        (ii) If the craft grower is located in a county with a
26    population of more than 700,000 but fewer than 3,000,000,

 

 

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1    the cannabis business establishment receiving the cannabis
2    is within 2 miles of the craft grower; or
3        (iii) If the craft grower is located in a county with a
4    population of fewer than 700,000, the cannabis business
5    establishment receiving the cannabis is within 15 miles of
6    the craft grower.
7    (l) A craft grower may enter into a contract with a
8transporting organization to transport cannabis to a
9cultivation center, a craft grower, an infuser organization, a
10dispensing organization, or a laboratory.
11    (m) No person or entity shall hold any legal, equitable,
12ownership, or beneficial interest, directly or indirectly, of
13more than 3 craft grower licenses. Further, no person or
14entity that is employed by, an agent of, or has a contract to
15receive payment from or participate in the management of a
16craft grower, is a principal officer of a craft grower, or
17entity controlled by or affiliated with a principal officer of
18a craft grower shall hold any legal, equitable, ownership, or
19beneficial interest, directly or indirectly, in a craft grower
20license that would result in the person or entity owning or
21controlling in combination with any craft grower, principal
22officer of a craft grower, or entity controlled or affiliated
23with a principal officer of a craft grower by which he, she, or
24it is employed, is an agent of, or participates in the
25management of more than 3 craft grower licenses.
26    (n) It is unlawful for any person having a craft grower

 

 

SB3105- 32 -LRB102 22462 CPF 32284 b

1license or any officer, associate, member, representative, or
2agent of the licensee to offer or deliver money, or anything
3else of value, directly or indirectly, to any person having an
4Early Approval Adult Use Dispensing Organization License, a
5Conditional Adult Use Dispensing Organization License, an
6Adult Use Dispensing Organization License, or a medical
7cannabis dispensing organization license issued under the
8Compassionate Use of Medical Cannabis Program Act, or to any
9person connected with or in any way representing, or to any
10member of the family of, the person holding an Early Approval
11Adult Use Dispensing Organization License, a Conditional Adult
12Use Dispensing Organization License, an Adult Use Dispensing
13Organization License, or a medical cannabis dispensing
14organization license issued under the Compassionate Use of
15Medical Cannabis Program Act, or to any stockholders in any
16corporation engaged in the retail sale of cannabis, or to any
17officer, manager, agent, or representative of the Early
18Approval Adult Use Dispensing Organization License, a
19Conditional Adult Use Dispensing Organization License, an
20Adult Use Dispensing Organization License, or a medical
21cannabis dispensing organization license issued under the
22Compassionate Use of Medical Cannabis Program Act to obtain
23preferential placement within the dispensing organization,
24including, without limitation, on shelves and in display cases
25where purchasers can view products, or on the dispensing
26organization's website.

 

 

SB3105- 33 -LRB102 22462 CPF 32284 b

1    (o) (Blank) A craft grower shall not be located within
21,500 feet of another craft grower or a cultivation center.
3    (p) A craft grower may process cannabis, cannabis
4concentrates, and cannabis-infused products.
5    (q) A craft grower must comply with any other requirements
6or prohibitions set by administrative rule of the Department
7of Agriculture.
8(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
9102-98, eff. 7-15-21; 102-538, eff. 8-20-21; revised
1010-21-21.)