Full Text of HB0032 103rd General Assembly
HB0032 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB0032 Introduced 1/12/2023, by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED: |
| 410 ILCS 705/1-10 | | 410 ILCS 705/15-100 | | 410 ILCS 705/30-30 | | 410 ILCS 705/35-25 | |
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Amends the Cannabis Regulation and Tax Act. Provides that premises may be shared between up to 3 craft growers, an infuser organization, a cultivation center, a dispensing organization, or any combination thereof, provided that specified requirements are met. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Cannabis Regulation and Tax Act is amended | 5 | | by changing Sections 1-10, 15-100, 30-30, and 35-25 as | 6 | | follows: | 7 | | (410 ILCS 705/1-10)
| 8 | | Sec. 1-10. Definitions. In this Act: | 9 | | "Adult Use Cultivation Center License" means a license | 10 | | issued by the Department of Agriculture that permits a person | 11 | | to act as a cultivation center under this Act and any | 12 | | administrative rule made in furtherance of this Act. | 13 | | "Adult Use Dispensing Organization License" means a | 14 | | license issued by the Department of Financial and Professional | 15 | | Regulation that permits a person to act as a dispensing | 16 | | organization under this Act and any administrative rule made | 17 | | in furtherance of this Act. | 18 | | "Advertise" means to engage in promotional activities | 19 | | including, but not limited to: newspaper, radio, Internet and | 20 | | electronic media, and television advertising; the distribution | 21 | | of fliers and circulars; billboard advertising; and the | 22 | | display of window and interior signs. "Advertise" does not | 23 | | mean exterior signage displaying only the name of the licensed |
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| 1 | | cannabis business establishment. | 2 | | "Application points" means the number of points a | 3 | | Dispensary Applicant receives on an application for a | 4 | | Conditional Adult Use Dispensing Organization License. | 5 | | "BLS Region" means a region in Illinois used by the United | 6 | | States Bureau of Labor Statistics to gather and categorize | 7 | | certain employment and wage data. The 17 such regions in | 8 | | Illinois are: Bloomington, Cape Girardeau, Carbondale-Marion, | 9 | | Champaign-Urbana, Chicago-Naperville-Elgin, Danville, | 10 | | Davenport-Moline-Rock Island, Decatur, Kankakee, Peoria, | 11 | | Rockford, St. Louis, Springfield, Northwest Illinois | 12 | | nonmetropolitan area, West Central Illinois nonmetropolitan | 13 | | area, East Central Illinois nonmetropolitan area, and South | 14 | | Illinois nonmetropolitan area. | 15 | | "By lot" means a randomized method of choosing between 2 | 16 | | or more Eligible Tied Applicants or 2 or more Qualifying | 17 | | Applicants. | 18 | | "Cannabis" means marijuana, hashish, and other substances | 19 | | that are identified as including any parts of the plant | 20 | | Cannabis sativa and including derivatives or subspecies, such | 21 | | as indica, of all strains of cannabis, whether growing or not; | 22 | | the seeds thereof, the resin extracted from any part of the | 23 | | plant; and any compound, manufacture, salt, derivative, | 24 | | mixture, or preparation of the plant, its seeds, or resin, | 25 | | including tetrahydrocannabinol (THC) and all other naturally | 26 | | produced cannabinol derivatives, whether produced directly or |
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| 1 | | indirectly by extraction; however, "cannabis" does not include | 2 | | the mature stalks of the plant, fiber produced from the | 3 | | stalks, oil or cake made from the seeds of the plant, any other | 4 | | compound, manufacture, salt, derivative, mixture, or | 5 | | preparation of the mature stalks (except the resin extracted | 6 | | from it), fiber, oil or cake, or the sterilized seed of the | 7 | | plant that is incapable of germination. "Cannabis" does not | 8 | | include industrial hemp as defined and authorized under the | 9 | | Industrial Hemp Act. "Cannabis" also means cannabis flower, | 10 | | concentrate, and cannabis-infused products. | 11 | | "Cannabis business establishment" means a cultivation | 12 | | center, craft grower, processing organization, infuser | 13 | | organization, dispensing organization, or transporting | 14 | | organization. | 15 | | "Cannabis concentrate" means a product derived from | 16 | | cannabis that is produced by extracting cannabinoids, | 17 | | including tetrahydrocannabinol (THC), from the plant through | 18 | | the use of propylene glycol, glycerin, butter, olive oil, or | 19 | | other typical cooking fats; water, ice, or dry ice; or butane, | 20 | | propane, CO 2 , ethanol, or isopropanol and with the intended | 21 | | use of smoking or making a cannabis-infused product. The use | 22 | | of any other solvent is expressly prohibited unless and until | 23 | | it is approved by the Department of Agriculture. | 24 | | "Cannabis container" means a sealed or resealable, | 25 | | traceable, container, or package used for the purpose of | 26 | | containment of cannabis or cannabis-infused product during |
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| 1 | | transportation. | 2 | | "Cannabis flower" means marijuana, hashish, and other | 3 | | substances that are identified as including any parts of the | 4 | | plant Cannabis sativa and including derivatives or subspecies, | 5 | | such as indica, of all strains of cannabis; including raw | 6 | | kief, leaves, and buds, but not resin that has been extracted | 7 | | from any part of such plant; nor any compound, manufacture, | 8 | | salt, derivative, mixture, or preparation of such plant, its | 9 | | seeds, or resin. | 10 | | "Cannabis-infused product" means a beverage, food, oil, | 11 | | ointment, tincture, topical formulation, or another product | 12 | | containing cannabis or cannabis concentrate that is not | 13 | | intended to be smoked. | 14 | | "Cannabis paraphernalia" means equipment, products, or | 15 | | materials intended to be used for planting, propagating, | 16 | | cultivating, growing, harvesting, manufacturing, producing, | 17 | | processing, preparing, testing, analyzing, packaging, | 18 | | repackaging, storing, containing, concealing, ingesting, or | 19 | | otherwise introducing cannabis into the human body. | 20 | | "Cannabis plant monitoring system" or "plant monitoring | 21 | | system" means a system that includes, but is not limited to, | 22 | | testing and data collection established and maintained by the | 23 | | cultivation center, craft grower, or processing organization | 24 | | and that is available to the Department of Revenue, the | 25 | | Department of Agriculture, the Department of Financial and | 26 | | Professional Regulation, and the Illinois State Police for the |
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| 1 | | purposes of documenting each cannabis plant and monitoring | 2 | | plant development throughout the life cycle of a cannabis | 3 | | plant cultivated for the intended use by a customer from seed | 4 | | planting to final packaging. | 5 | | "Cannabis testing facility" means an entity registered by | 6 | | the Department of Agriculture to test cannabis for potency and | 7 | | contaminants. | 8 | | "Clone" means a plant section from a female cannabis plant | 9 | | not yet rootbound, growing in a water solution or other | 10 | | propagation matrix, that is capable of developing into a new | 11 | | plant. | 12 | | "Community College Cannabis Vocational Training Pilot | 13 | | Program faculty participant" means a person who is 21 years of | 14 | | age or older, licensed by the Department of Agriculture, and | 15 | | is employed or contracted by an Illinois community college to | 16 | | provide student instruction using cannabis plants at an | 17 | | Illinois Community College. | 18 | | "Community College Cannabis Vocational Training Pilot | 19 | | Program faculty participant Agent Identification Card" means a | 20 | | document issued by the Department of Agriculture that | 21 | | identifies a person as a Community College Cannabis Vocational | 22 | | Training Pilot Program faculty participant. | 23 | | "Conditional Adult Use Dispensing Organization License" | 24 | | means a contingent license awarded to applicants for an Adult | 25 | | Use Dispensing Organization License that reserves the right to | 26 | | an Adult Use Dispensing Organization License if the applicant |
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| 1 | | meets certain conditions described in this Act, but does not | 2 | | entitle the recipient to begin purchasing or selling cannabis | 3 | | or cannabis-infused products. | 4 | | "Conditional Adult Use Cultivation Center License" means a | 5 | | license awarded to top-scoring applicants for an Adult Use | 6 | | Cultivation Center License that reserves the right to an Adult | 7 | | Use Cultivation Center License if the applicant meets certain | 8 | | conditions as determined by the Department of Agriculture by | 9 | | rule, but does not entitle the recipient to begin growing, | 10 | | processing, or selling cannabis or cannabis-infused products. | 11 | | "Craft grower" means a facility operated by an | 12 | | organization or business that is licensed by the Department of | 13 | | Agriculture to cultivate, dry, cure, and package cannabis and | 14 | | perform other necessary activities to make cannabis available | 15 | | for sale at a dispensing organization or use at a processing | 16 | | organization. A craft grower may contain up to 5,000 square | 17 | | feet of canopy space on its premises for plants in the | 18 | | flowering state. The Department of Agriculture may authorize | 19 | | an increase or decrease of flowering stage cultivation space | 20 | | in increments of 3,000 square feet by rule based on market | 21 | | need, craft grower capacity, and the licensee's history of | 22 | | compliance or noncompliance, with a maximum space of 14,000 | 23 | | square feet for cultivating plants in the flowering stage, | 24 | | which must be cultivated in all stages of growth in an enclosed | 25 | | and secure area. A craft grower may share premises with up to 2 | 26 | | other craft growers, an infuser organization, a cultivation |
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| 1 | | center, a dispensing organization, or any combination thereof | 2 | | a processing organization or a dispensing organization, or | 3 | | both , provided each licensee stores currency and cannabis or | 4 | | cannabis-infused products in a separate secured vault to which | 5 | | the other licensee does not have access or all licensees | 6 | | sharing a vault share more than 50% of the same ownership. | 7 | | "Craft grower agent" means a principal officer, board | 8 | | member, employee, or other agent of a craft grower who is 21 | 9 | | years of age or older. | 10 | | "Craft Grower Agent Identification Card" means a document | 11 | | issued by the Department of Agriculture that identifies a | 12 | | person as a craft grower agent. | 13 | | "Cultivation center" means a facility operated by an | 14 | | organization or business that is licensed by the Department of | 15 | | Agriculture to cultivate, process, transport (unless otherwise | 16 | | limited by this Act), and perform other necessary activities | 17 | | to provide cannabis and cannabis-infused products to cannabis | 18 | | business establishments. | 19 | | "Cultivation center agent" means a principal officer, | 20 | | board member, employee, or other agent of a cultivation center | 21 | | who is 21 years of age or older. | 22 | | "Cultivation Center Agent Identification Card" means a | 23 | | document issued by the Department of Agriculture that | 24 | | identifies a person as a cultivation center agent. | 25 | | "Currency" means currency and coin of the United States. | 26 | | "Dispensary" means a facility operated by a dispensing |
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| 1 | | organization at which activities licensed by this Act may | 2 | | occur. | 3 | | "Dispensary Applicant" means the Proposed Dispensing | 4 | | Organization Name as stated on an application for a | 5 | | Conditional Adult Use Dispensing Organization License. | 6 | | "Dispensing organization" means a facility operated by an | 7 | | organization or business that is licensed by the Department of | 8 | | Financial and Professional Regulation to acquire cannabis from | 9 | | a cultivation center, craft grower, processing organization, | 10 | | or another dispensary for the purpose of selling or dispensing | 11 | | cannabis, cannabis-infused products, cannabis seeds, | 12 | | paraphernalia, or related supplies under this Act to | 13 | | purchasers or to qualified registered medical cannabis | 14 | | patients and caregivers. As used in this Act, "dispensing | 15 | | organization" includes a registered medical cannabis | 16 | | organization as defined in the Compassionate Use of Medical | 17 | | Cannabis Program Act or its successor Act that has obtained an | 18 | | Early Approval Adult Use Dispensing Organization License. | 19 | | "Dispensing organization agent" means a principal officer, | 20 | | employee, or agent of a dispensing organization who is 21 | 21 | | years of age or older. | 22 | | "Dispensing organization agent identification card" means | 23 | | a document issued by the Department of Financial and | 24 | | Professional Regulation that identifies a person as a | 25 | | dispensing organization agent. | 26 | | "Disproportionately Impacted Area" means a census tract or |
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| 1 | | comparable geographic area that satisfies the following | 2 | | criteria as determined by the Department of Commerce and | 3 | | Economic Opportunity, that: | 4 | | (1) meets at least one of the following criteria: | 5 | | (A) the area has a poverty rate of at least 20% | 6 | | according to the latest federal decennial census; or | 7 | | (B) 75% or more of the children in the area | 8 | | participate in the federal free lunch program | 9 | | according to reported statistics from the State Board | 10 | | of Education; or | 11 | | (C) at least 20% of the households in the area | 12 | | receive assistance under the Supplemental Nutrition | 13 | | Assistance Program; or | 14 | | (D) the area has an average unemployment rate, as | 15 | | determined by the Illinois Department of Employment | 16 | | Security, that is more than 120% of the national | 17 | | unemployment average, as determined by the United | 18 | | States Department of Labor, for a period of at least 2 | 19 | | consecutive calendar years preceding the date of the | 20 | | application; and | 21 | | (2) has high rates of arrest, conviction, and | 22 | | incarceration related to the sale, possession, use, | 23 | | cultivation, manufacture, or transport of cannabis. | 24 | | "Early Approval Adult Use Cultivation Center License" | 25 | | means a license that permits a medical cannabis cultivation | 26 | | center licensed under the Compassionate Use of Medical |
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| 1 | | Cannabis Program Act as of the effective date of this Act to | 2 | | begin cultivating, infusing, packaging, transporting (unless | 3 | | otherwise provided in this Act), processing, and selling | 4 | | cannabis or cannabis-infused product to cannabis business | 5 | | establishments for resale to purchasers as permitted by this | 6 | | Act as of January 1, 2020. | 7 | | "Early Approval Adult Use Dispensing Organization License" | 8 | | means a license that permits a medical cannabis dispensing | 9 | | organization licensed under the Compassionate Use of Medical | 10 | | Cannabis Program Act as of the effective date of this Act to | 11 | | begin selling cannabis or cannabis-infused product to | 12 | | purchasers as permitted by this Act as of January 1, 2020. | 13 | | "Early Approval Adult Use Dispensing Organization at a | 14 | | secondary site" means a license that permits a medical | 15 | | cannabis dispensing organization licensed under the | 16 | | Compassionate Use of Medical Cannabis Program Act as of the | 17 | | effective date of this Act to begin selling cannabis or | 18 | | cannabis-infused product to purchasers as permitted by this | 19 | | Act on January 1, 2020 at a different dispensary location from | 20 | | its existing registered medical dispensary location. | 21 | | "Eligible Tied Applicant" means a Tied Applicant that is | 22 | | eligible to participate in the process by which a remaining | 23 | | available license is distributed by lot pursuant to a Tied | 24 | | Applicant Lottery. | 25 | | "Enclosed, locked facility" means a room, greenhouse, | 26 | | building, or other enclosed area equipped with locks or other |
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| 1 | | security devices that permit access only by cannabis business | 2 | | establishment agents working for the licensed cannabis | 3 | | business establishment or acting pursuant to this Act to | 4 | | cultivate, process, store, or distribute cannabis. | 5 | | "Enclosed, locked space" means a closet, room, greenhouse, | 6 | | building, or other enclosed area equipped with locks or other | 7 | | security devices that permit access only by authorized | 8 | | individuals under this Act. "Enclosed, locked space" may | 9 | | include: | 10 | | (1) a space within a residential building that (i) is | 11 | | the primary residence of the individual cultivating 5 or | 12 | | fewer cannabis plants that are more than 5 inches tall and | 13 | | (ii) includes sleeping quarters and indoor plumbing. The | 14 | | space must only be accessible by a key or code that is | 15 | | different from any key or code that can be used to access | 16 | | the residential building from the exterior; or | 17 | | (2) a structure, such as a shed or greenhouse, that | 18 | | lies on the same plot of land as a residential building | 19 | | that (i) includes sleeping quarters and indoor plumbing | 20 | | and (ii) is used as a primary residence by the person | 21 | | cultivating 5 or fewer cannabis plants that are more than | 22 | | 5 inches tall, such as a shed or greenhouse. The structure | 23 | | must remain locked when it is unoccupied by people. | 24 | | "Financial institution" has the same meaning as "financial | 25 | | organization" as defined in Section 1501 of the Illinois | 26 | | Income Tax Act, and also includes the holding companies, |
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| 1 | | subsidiaries, and affiliates of such financial organizations. | 2 | | "Flowering stage" means the stage of cultivation where and | 3 | | when a cannabis plant is cultivated to produce plant material | 4 | | for cannabis products. This includes mature plants as follows: | 5 | | (1) if greater than 2 stigmas are visible at each | 6 | | internode of the plant; or | 7 | | (2) if the cannabis plant is in an area that has been | 8 | | intentionally deprived of light for a period of time | 9 | | intended to produce flower buds and induce maturation, | 10 | | from the moment the light deprivation began through the | 11 | | remainder of the marijuana plant growth cycle. | 12 | | "Individual" means a natural person. | 13 | | "Infuser organization" or "infuser" means a facility | 14 | | operated by an organization or business that is licensed by | 15 | | the Department of Agriculture to directly incorporate cannabis | 16 | | or cannabis concentrate into a product formulation to produce | 17 | | a cannabis-infused product. | 18 | | "Kief" means the resinous crystal-like trichomes that are | 19 | | found on cannabis and that are accumulated, resulting in a | 20 | | higher concentration of cannabinoids, untreated by heat or | 21 | | pressure, or extracted using a solvent. | 22 | | "Labor peace agreement" means an agreement between a | 23 | | cannabis business establishment and any labor organization | 24 | | recognized under the National Labor Relations Act, referred to | 25 | | in this Act as a bona fide labor organization, that prohibits | 26 | | labor organizations and members from engaging in picketing, |
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| 1 | | work stoppages, boycotts, and any other economic interference | 2 | | with the cannabis business establishment. This agreement means | 3 | | that the cannabis business establishment has agreed not to | 4 | | disrupt efforts by the bona fide labor organization to | 5 | | communicate with, and attempt to organize and represent, the | 6 | | cannabis business establishment's employees. The agreement | 7 | | shall provide a bona fide labor organization access at | 8 | | reasonable times to areas in which the cannabis business | 9 | | establishment's employees work, for the purpose of meeting | 10 | | with employees to discuss their right to representation, | 11 | | employment rights under State law, and terms and conditions of | 12 | | employment. This type of agreement shall not mandate a | 13 | | particular method of election or certification of the bona | 14 | | fide labor organization. | 15 | | "Limited access area" means a room or other area under the | 16 | | control of a cannabis dispensing organization licensed under | 17 | | this Act and upon the licensed premises where cannabis sales | 18 | | occur with access limited to purchasers, dispensing | 19 | | organization owners and other dispensing organization agents, | 20 | | or service professionals conducting business with the | 21 | | dispensing organization, or, if sales to registered qualifying | 22 | | patients, caregivers, provisional patients, and Opioid | 23 | | Alternative Pilot Program participants licensed pursuant to | 24 | | the Compassionate Use of Medical Cannabis Program Act are also | 25 | | permitted at the dispensary, registered qualifying patients, | 26 | | caregivers, provisional patients, and Opioid Alternative Pilot |
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| 1 | | Program participants. | 2 | | "Member of an impacted family" means an individual who has | 3 | | a parent, legal guardian, child, spouse, or dependent, or was | 4 | | a dependent of an individual who, prior to the effective date | 5 | | of this Act, was arrested for, convicted of, or adjudicated | 6 | | delinquent for any offense that is eligible for expungement | 7 | | under this Act. | 8 | | "Mother plant" means a cannabis plant that is cultivated | 9 | | or maintained for the purpose of generating clones, and that | 10 | | will not be used to produce plant material for sale to an | 11 | | infuser or dispensing organization. | 12 | | "Ordinary public view" means within the sight line with | 13 | | normal visual range of a person, unassisted by visual aids, | 14 | | from a public street or sidewalk adjacent to real property, or | 15 | | from within an adjacent property. | 16 | | "Ownership and control" means ownership of at least 51% of | 17 | | the business, including corporate stock if a corporation, and | 18 | | control over the management and day-to-day operations of the | 19 | | business and an interest in the capital, assets, and profits | 20 | | and losses of the business proportionate to percentage of | 21 | | ownership. | 22 | | "Person" means a natural individual, firm, partnership, | 23 | | association, joint stock company, joint venture, public or | 24 | | private corporation, limited liability company, or a receiver, | 25 | | executor, trustee, guardian, or other representative appointed | 26 | | by order of any court. |
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| 1 | | "Possession limit" means the amount of cannabis under | 2 | | Section 10-10 that may be possessed at any one time by a person | 3 | | 21 years of age or older or who is a registered qualifying | 4 | | medical cannabis patient or caregiver under the Compassionate | 5 | | Use of Medical Cannabis Program Act. | 6 | | "Principal officer" includes a cannabis business | 7 | | establishment applicant or licensed cannabis business | 8 | | establishment's board member, owner with more than 1% interest | 9 | | of the total cannabis business establishment or more than 5% | 10 | | interest of the total cannabis business establishment of a | 11 | | publicly traded company, president, vice president, secretary, | 12 | | treasurer, partner, officer, member, manager member, or person | 13 | | with a profit sharing, financial interest, or revenue sharing | 14 | | arrangement. The definition includes a person with authority | 15 | | to control the cannabis business establishment, a person who | 16 | | assumes responsibility for the debts of the cannabis business | 17 | | establishment and who is further defined in this Act. | 18 | | "Primary residence" means a dwelling where a person | 19 | | usually stays or stays more often than other locations. It may | 20 | | be determined by, without limitation, presence, tax filings; | 21 | | address on an Illinois driver's license, an Illinois | 22 | | Identification Card, or an Illinois Person with a Disability | 23 | | Identification Card; or voter registration. No person may have | 24 | | more than one primary residence. | 25 | | "Processing organization" or "processor" means a facility | 26 | | operated by an organization or business that is licensed by |
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| 1 | | the Department of Agriculture to either extract constituent | 2 | | chemicals or compounds to produce cannabis concentrate or | 3 | | incorporate cannabis or cannabis concentrate into a product | 4 | | formulation to produce a cannabis product. | 5 | | "Processing organization agent" means a principal officer, | 6 | | board member, employee, or agent of a processing organization. | 7 | | "Processing organization agent identification card" means | 8 | | a document issued by the Department of Agriculture that | 9 | | identifies a person as a processing organization agent. | 10 | | "Purchaser" means a person 21 years of age or older who | 11 | | acquires cannabis for a valuable consideration. "Purchaser" | 12 | | does not include a cardholder under the Compassionate Use of | 13 | | Medical Cannabis Program Act. | 14 | | "Qualifying Applicant" means an applicant that submitted | 15 | | an application pursuant to Section 15-30 that received at | 16 | | least 85% of 250 application points available under Section | 17 | | 15-30 as the applicant's final score and meets the definition | 18 | | of "Social Equity Applicant" as set forth under this Section. | 19 | | "Qualifying Social Equity Justice Involved Applicant" | 20 | | means an applicant that submitted an application pursuant to | 21 | | Section 15-30 that received at least 85% of 250 application | 22 | | points available under Section 15-30 as the applicant's final | 23 | | score and meets the criteria of either paragraph (1) or (2) of | 24 | | the definition of "Social Equity Applicant" as set forth under | 25 | | this Section. | 26 | | "Qualified Social Equity Applicant" means a Social Equity |
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| 1 | | Applicant who has been awarded a conditional license under | 2 | | this Act to operate a cannabis business establishment. | 3 | | "Resided" means an individual's primary residence was | 4 | | located within the relevant geographic area as established by | 5 | | 2 of the following: | 6 | | (1) a signed lease agreement that includes the | 7 | | applicant's name; | 8 | | (2) a property deed that includes the applicant's | 9 | | name; | 10 | | (3) school records; | 11 | | (4) a voter registration card; | 12 | | (5) an Illinois driver's license, an Illinois | 13 | | Identification Card, or an Illinois Person with a | 14 | | Disability Identification Card; | 15 | | (6) a paycheck stub; | 16 | | (7) a utility bill; | 17 | | (8) tax records; or | 18 | | (9) any other proof of residency or other information | 19 | | necessary to establish residence as provided by rule. | 20 | | "Smoking" means the inhalation of smoke caused by the | 21 | | combustion of cannabis. | 22 | | "Social Equity Applicant" means an applicant that is an | 23 | | Illinois resident that meets one of the following criteria: | 24 | | (1) an applicant with at least 51% ownership and | 25 | | control by one or more individuals who have resided for at | 26 | | least 5 of the preceding 10 years in a Disproportionately |
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| 1 | | Impacted Area; | 2 | | (2) an applicant with at least 51% ownership and | 3 | | control by one or more individuals who:
| 4 | | (i) have been arrested for, convicted of, or | 5 | | adjudicated delinquent for any offense that is | 6 | | eligible for expungement under this Act; or
| 7 | | (ii) is a member of an impacted family; | 8 | | (3) for applicants with a minimum of 10 full-time | 9 | | employees, an applicant with at least 51% of current | 10 | | employees who: | 11 | | (i) currently reside in a Disproportionately | 12 | | Impacted Area; or | 13 | | (ii) have been arrested for, convicted of, or | 14 | | adjudicated delinquent for any offense that is | 15 | | eligible for expungement under this Act or member of | 16 | | an impacted family. | 17 | | Nothing in this Act shall be construed to preempt or limit | 18 | | the duties of any employer under the Job Opportunities for | 19 | | Qualified Applicants Act. Nothing in this Act shall permit an | 20 | | employer to require an employee to disclose sealed or expunged | 21 | | offenses, unless otherwise required by law. | 22 | | "Tied Applicant" means an application submitted by a | 23 | | Dispensary Applicant pursuant to Section 15-30 that received | 24 | | the same number of application points under Section 15-30 as | 25 | | the Dispensary Applicant's final score as one or more | 26 | | top-scoring applications in the same BLS Region and would have |
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| 1 | | been awarded a license but for the one or more other | 2 | | top-scoring applications that received the same number of | 3 | | application points. Each application for which a Dispensary | 4 | | Applicant was required to pay a required application fee for | 5 | | the application period ending January 2, 2020 shall be | 6 | | considered an application of a separate Tied Applicant. | 7 | | "Tied Applicant Lottery" means the process established | 8 | | under 68 Ill. Adm. Code 1291.50 for awarding Conditional Adult | 9 | | Use Dispensing Organization Licenses pursuant to Sections | 10 | | 15-25 and 15-30 among Eligible Tied Applicants. | 11 | | "Tincture" means a cannabis-infused solution, typically | 12 | | comprised of alcohol, glycerin, or vegetable oils, derived | 13 | | either directly from the cannabis plant or from a processed | 14 | | cannabis extract. A tincture is not an alcoholic liquor as | 15 | | defined in the Liquor Control Act of 1934. A tincture shall | 16 | | include a calibrated dropper or other similar device capable | 17 | | of accurately measuring servings. | 18 | | "Transporting organization" or "transporter" means an | 19 | | organization or business that is licensed by the Department of | 20 | | Agriculture to transport cannabis or cannabis-infused product | 21 | | on behalf of a cannabis business establishment or a community | 22 | | college licensed under the Community
College Cannabis | 23 | | Vocational Training Pilot Program.
| 24 | | "Transporting organization agent" means a principal | 25 | | officer, board member, employee, or agent of a transporting | 26 | | organization. |
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| 1 | | "Transporting organization agent identification card" | 2 | | means a document issued by the Department of Agriculture that | 3 | | identifies a person as a transporting organization agent. | 4 | | "Unit of local government" means any county, city, | 5 | | village, or incorporated town. | 6 | | "Vegetative stage" means the stage of cultivation in which | 7 | | a cannabis plant is propagated to produce additional cannabis | 8 | | plants or reach a sufficient size for production. This | 9 | | includes seedlings, clones, mothers, and other immature | 10 | | cannabis plants as follows: | 11 | | (1) if the cannabis plant is in an area that has not | 12 | | been intentionally deprived of light for a period of time | 13 | | intended to produce flower buds and induce maturation, it | 14 | | has no more than 2 stigmas visible at each internode of the | 15 | | cannabis plant; or | 16 | | (2) any cannabis plant that is cultivated solely for | 17 | | the purpose of propagating clones and is never used to | 18 | | produce cannabis.
| 19 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; | 20 | | 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff. | 21 | | 5-13-22.) | 22 | | (410 ILCS 705/15-100)
| 23 | | Sec. 15-100. Security. | 24 | | (a) A dispensing organization shall implement security | 25 | | measures to deter and prevent entry into and theft of cannabis |
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| 1 | | or currency. | 2 | | (b) A dispensing organization shall submit any changes to | 3 | | the floor plan or security plan to the Department for | 4 | | pre-approval. All cannabis shall be maintained and stored in a | 5 | | restricted access area during construction. | 6 | | (c) The dispensing organization shall implement security | 7 | | measures to protect the premises, purchasers, and dispensing | 8 | | organization agents including, but not limited to the | 9 | | following: | 10 | | (1) Establish a locked door or barrier between the | 11 | | facility's entrance and the limited access area; | 12 | | (2) Prevent individuals from remaining on the premises | 13 | | if they are not engaging in activity permitted by this Act | 14 | | or rules; | 15 | | (3) Develop a policy that addresses the maximum | 16 | | capacity and purchaser flow in the waiting rooms and | 17 | | limited access areas; | 18 | | (4) Dispose of cannabis in accordance with this Act | 19 | | and rules; | 20 | | (5) During hours of operation, store and dispense all | 21 | | cannabis from the restricted access area. During | 22 | | operational hours, cannabis shall be stored in an enclosed | 23 | | locked room or cabinet and accessible only to specifically | 24 | | authorized dispensing organization agents; | 25 | | (6) When the dispensary is closed, store all cannabis | 26 | | and currency in a reinforced vault room in the restricted |
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| 1 | | access area and in a manner as to prevent diversion, | 2 | | theft, or loss; | 3 | | (7) Keep the reinforced vault room and any other | 4 | | equipment or cannabis storage areas securely locked and | 5 | | protected from unauthorized entry; | 6 | | (8) Keep an electronic daily log of dispensing | 7 | | organization agents with access to the reinforced vault | 8 | | room and knowledge of the access code or combination; | 9 | | (9) Keep all locks and security equipment in good | 10 | | working order; | 11 | | (10) Maintain an operational security and alarm system | 12 | | at all times; | 13 | | (11) Prohibit keys, if applicable, from being left in | 14 | | the locks, or stored or placed in a location accessible to | 15 | | persons other than specifically authorized personnel; | 16 | | (12) Prohibit accessibility of security measures, | 17 | | including combination numbers, passwords, or electronic or | 18 | | biometric security systems to persons other than | 19 | | specifically authorized dispensing organization agents; | 20 | | (13) Ensure that the dispensary interior and exterior | 21 | | premises are sufficiently lit to facilitate surveillance; | 22 | | (14) Ensure that trees, bushes, and other foliage | 23 | | outside of the dispensary premises do not allow for a | 24 | | person or persons to conceal themselves from sight; | 25 | | (15) Develop emergency policies and procedures for | 26 | | securing all product and currency following any instance |
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| 1 | | of diversion, theft, or loss of cannabis, and conduct an | 2 | | assessment to determine whether additional safeguards are | 3 | | necessary; and | 4 | | (16) Develop sufficient additional safeguards in | 5 | | response to any special security concerns, or as required | 6 | | by the Department. | 7 | | (d) The Department may request or approve alternative | 8 | | security provisions that it determines are an adequate | 9 | | substitute for a security requirement specified in this | 10 | | Article. Any additional protections may be considered by the | 11 | | Department in evaluating overall security measures. | 12 | | (e) A dispensing organization may share premises with up | 13 | | to 3 craft growers, an infuser organization, a cultivation | 14 | | center, or any combination thereof a craft grower or an | 15 | | infuser organization, or both , provided each licensee stores | 16 | | currency and cannabis or cannabis-infused products in a | 17 | | separate secured vault to which the other licensee does not | 18 | | have access or all licensees sharing a vault share more than | 19 | | 50% of the same ownership. | 20 | | (f) A dispensing organization shall provide additional | 21 | | security as needed and in a manner appropriate for the | 22 | | community where it operates. | 23 | | (g) Restricted access areas. | 24 | | (1) All restricted access areas must be identified by | 25 | | the posting of a sign that is a minimum of 12 inches by 12 | 26 | | inches and that states "Do Not Enter - Restricted Access |
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| 1 | | Area - Authorized Personnel Only" in lettering no smaller | 2 | | than one inch in height. | 3 | | (2) All restricted access areas shall be clearly | 4 | | described in the floor plan of the premises, in the form | 5 | | and manner determined by the Department, reflecting walls, | 6 | | partitions, counters, and all areas of entry and exit. The | 7 | | floor plan shall show all storage, disposal, and retail | 8 | | sales areas. | 9 | | (3) All restricted access areas must be secure, with | 10 | | locking devices that prevent access from the limited | 11 | | access areas. | 12 | | (h) Security and alarm. | 13 | | (1) A dispensing organization shall have an adequate | 14 | | security plan and security system to prevent and detect | 15 | | diversion, theft, or loss of cannabis, currency, or | 16 | | unauthorized intrusion using commercial grade equipment | 17 | | installed by an Illinois licensed private alarm contractor | 18 | | or private alarm contractor agency that shall, at a | 19 | | minimum, include: | 20 | | (i) A perimeter alarm on all entry points and | 21 | | glass break protection on perimeter windows; | 22 | | (ii) Security shatterproof tinted film on exterior | 23 | | windows; | 24 | | (iii) A failure notification system that provides | 25 | | an audible, text, or visual notification of any | 26 | | failure in the surveillance system, including, but not |
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| 1 | | limited to, panic buttons, alarms, and video | 2 | | monitoring system. The failure notification system | 3 | | shall provide an alert to designated dispensing | 4 | | organization agents within 5 minutes after the | 5 | | failure, either by telephone or text message; | 6 | | (iv) A duress alarm, panic button, and alarm, or | 7 | | holdup alarm and after-hours intrusion detection alarm | 8 | | that by design and purpose will directly or indirectly | 9 | | notify, by the most efficient means, the Public Safety | 10 | | Answering Point for the law enforcement agency having | 11 | | primary jurisdiction; | 12 | | (v) Security equipment to deter and prevent | 13 | | unauthorized entrance into the dispensary, including | 14 | | electronic door locks on the limited and restricted | 15 | | access areas that include devices or a series of | 16 | | devices to detect unauthorized intrusion that may | 17 | | include a signal system interconnected with a radio | 18 | | frequency method, cellular, private radio signals or | 19 | | other mechanical or electronic device. | 20 | | (2) All security system equipment and recordings shall | 21 | | be maintained in good working order, in a secure location | 22 | | so as to prevent theft, loss, destruction, or alterations. | 23 | | (3) Access to surveillance monitoring recording | 24 | | equipment shall be limited to persons who are essential to | 25 | | surveillance operations, law enforcement authorities | 26 | | acting within their jurisdiction, security system service |
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| 1 | | personnel, and the Department. A current list of | 2 | | authorized dispensing organization agents and service | 3 | | personnel that have access to the surveillance equipment | 4 | | must be available to the Department upon request. | 5 | | (4) All security equipment shall be inspected and | 6 | | tested at regular intervals, not to exceed one month from | 7 | | the previous inspection, and tested to ensure the systems | 8 | | remain functional. | 9 | | (5) The security system shall provide protection | 10 | | against theft and diversion that is facilitated or hidden | 11 | | by tampering with computers or electronic records. | 12 | | (6) The dispensary shall ensure all access doors are | 13 | | not solely controlled by an electronic access panel to | 14 | | ensure that locks are not released during a power outage. | 15 | | (i) To monitor the dispensary, the dispensing organization | 16 | | shall incorporate continuous electronic video monitoring | 17 | | including the following: | 18 | | (1) All monitors must be 19 inches or greater; | 19 | | (2) Unobstructed video surveillance of all enclosed | 20 | | dispensary areas, unless prohibited by law, including all | 21 | | points of entry and exit that shall be appropriate for the | 22 | | normal lighting conditions of the area under surveillance. | 23 | | The cameras shall be directed so all areas are captured, | 24 | | including, but not limited to, safes, vaults, sales areas, | 25 | | and areas where cannabis is stored, handled, dispensed, or | 26 | | destroyed. Cameras shall be angled to allow for facial |
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| 1 | | recognition, the capture of clear and certain | 2 | | identification of any person entering or exiting the | 3 | | dispensary area and in lighting sufficient during all | 4 | | times of night or day; | 5 | | (3) Unobstructed video surveillance of outside areas, | 6 | | the storefront, and the parking lot, that shall be | 7 | | appropriate for the normal lighting conditions of the area | 8 | | under surveillance. Cameras shall be angled so as to allow | 9 | | for the capture of facial recognition, clear and certain | 10 | | identification of any person entering or exiting the | 11 | | dispensary and the immediate surrounding area, and license | 12 | | plates of vehicles in the parking lot; | 13 | | (4) 24-hour recordings from all video cameras | 14 | | available for immediate viewing by the Department upon | 15 | | request. Recordings shall not be destroyed or altered and | 16 | | shall be retained for at least 90 days. Recordings shall | 17 | | be retained as long as necessary if the dispensing | 18 | | organization is aware of the loss or theft of cannabis or a | 19 | | pending criminal, civil, or administrative investigation | 20 | | or legal proceeding for which the recording may contain | 21 | | relevant information; | 22 | | (5) The ability to immediately produce a clear, color | 23 | | still photo from the surveillance video, either live or | 24 | | recorded; | 25 | | (6) A date and time stamp embedded on all video | 26 | | surveillance recordings. The date and time shall be |
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| 1 | | synchronized and set correctly and shall not significantly | 2 | | obscure the picture; | 3 | | (7) The ability to remain operational during a power | 4 | | outage and ensure all access doors are not solely | 5 | | controlled by an electronic access panel to ensure that | 6 | | locks are not released during a power outage; | 7 | | (8) All video surveillance equipment shall allow for | 8 | | the exporting of still images in an industry standard | 9 | | image format, including .jpg, .bmp, and .gif. Exported | 10 | | video shall have the ability to be archived in a | 11 | | proprietary format that ensures authentication of the | 12 | | video and guarantees that no alteration of the recorded | 13 | | image has taken place. Exported video shall also have the | 14 | | ability to be saved in an industry standard file format | 15 | | that can be played on a standard computer operating | 16 | | system. All recordings shall be erased or destroyed before | 17 | | disposal; | 18 | | (9) The video surveillance system shall be operational | 19 | | during a power outage with a 4-hour minimum battery | 20 | | backup; | 21 | | (10) A video camera or cameras recording at each | 22 | | point-of-sale location allowing for the identification of | 23 | | the dispensing organization agent distributing the | 24 | | cannabis and any purchaser. The camera or cameras shall | 25 | | capture the sale, the individuals and the computer | 26 | | monitors used for the sale; |
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| 1 | | (11) A failure notification system that provides an | 2 | | audible and visual notification of any failure in the | 3 | | electronic video monitoring system; and | 4 | | (12) All electronic video surveillance monitoring must | 5 | | record at least the equivalent of 8 frames per second and | 6 | | be available as recordings to the Department and the | 7 | | Illinois State Police 24 hours a day via a secure | 8 | | web-based portal with reverse functionality. | 9 | | (j) The requirements contained in this Act are minimum | 10 | | requirements for operating a dispensing organization. The | 11 | | Department may establish additional requirements by rule.
| 12 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; | 13 | | 102-538, eff. 8-20-21.) | 14 | | (410 ILCS 705/30-30)
| 15 | | Sec. 30-30. Craft grower requirements; prohibitions. | 16 | | (a) The operating documents of a craft grower shall | 17 | | include procedures for the oversight of the craft grower, a | 18 | | cannabis plant monitoring system including a physical | 19 | | inventory recorded weekly, accurate recordkeeping, and a | 20 | | staffing plan. | 21 | | (b) A craft grower shall implement a security plan | 22 | | reviewed by the Illinois State Police that includes, but is | 23 | | not limited to: facility access controls, perimeter intrusion | 24 | | detection systems, personnel identification systems, and a | 25 | | 24-hour surveillance system to monitor the interior and |
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| 1 | | exterior of the craft grower facility and that is accessible | 2 | | to authorized law enforcement and the Department of | 3 | | Agriculture in real time. | 4 | | (c) All cultivation of cannabis by a craft grower must | 5 | | take place in an enclosed, locked facility at the physical | 6 | | address provided to the Department of Agriculture during the | 7 | | licensing process. The craft grower location shall only be | 8 | | accessed by the agents working for the craft grower, the | 9 | | Department of Agriculture staff performing inspections, the | 10 | | Department of Public Health staff performing inspections, | 11 | | State and local law enforcement or other emergency personnel, | 12 | | contractors working on jobs unrelated to cannabis, such as | 13 | | installing or maintaining security devices or performing | 14 | | electrical wiring, transporting organization agents as | 15 | | provided in this Act, or participants in the incubator | 16 | | program, individuals in a mentoring or educational program | 17 | | approved by the State, or other individuals as provided by | 18 | | rule. However, if a craft grower shares a premises with an | 19 | | infuser or dispensing organization, agents from those other | 20 | | licensees may access the craft grower portion of the premises | 21 | | if that is the location of common bathrooms, lunchrooms, | 22 | | locker rooms, or other areas of the building where work or | 23 | | cultivation of cannabis is not performed. At no time may an | 24 | | infuser or dispensing organization agent perform work at a | 25 | | craft grower without being a registered agent of the craft | 26 | | grower. |
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| 1 | | (d) A craft grower may not sell or distribute any cannabis | 2 | | to any person other than a cultivation center, a craft grower, | 3 | | an infuser organization, a dispensing organization, or as | 4 | | otherwise authorized by rule. | 5 | | (e) A craft grower may not be located in an area zoned for | 6 | | residential use. | 7 | | (f) A craft grower may not either directly or indirectly | 8 | | discriminate in price between different cannabis business | 9 | | establishments that are purchasing a like grade, strain, | 10 | | brand, and quality of cannabis or cannabis-infused product. | 11 | | Nothing in this subsection (f) prevents a craft grower from | 12 | | pricing cannabis differently based on differences in the cost | 13 | | of manufacturing or processing, the quantities sold, such as | 14 | | volume discounts, or the way the products are delivered. | 15 | | (g) All cannabis harvested by a craft grower and intended | 16 | | for distribution to a dispensing organization must be entered | 17 | | into a data collection system, packaged and labeled under | 18 | | Section 55-21, and, if distribution is to a dispensing | 19 | | organization that does not share a premises with the | 20 | | dispensing organization receiving the cannabis, placed into a | 21 | | cannabis container for transport. All cannabis harvested by a | 22 | | craft grower and intended for distribution to a cultivation | 23 | | center, to an infuser organization, or to a craft grower with | 24 | | which it does not share a premises, must be packaged in a | 25 | | labeled cannabis container and entered into a data collection | 26 | | system before transport. |
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| 1 | | (h) Craft growers are subject to random inspections by the | 2 | | Department of Agriculture, local safety or health inspectors, | 3 | | the Illinois State Police, or as provided by rule. | 4 | | (i) A craft grower agent shall notify local law | 5 | | enforcement, the Illinois State Police, and the Department of | 6 | | Agriculture within 24 hours of the discovery of any loss or | 7 | | theft. Notification shall be made by phone, in person, or | 8 | | written or electronic communication. | 9 | | (j) A craft grower shall comply with all State and any | 10 | | applicable federal rules and regulations regarding the use of | 11 | | pesticides. | 12 | | (k) A craft grower or craft grower agent shall not | 13 | | transport cannabis or cannabis-infused products to any other | 14 | | cannabis business establishment without a transport | 15 | | organization license unless: | 16 | | (i) If the craft grower is located in a county with a | 17 | | population of 3,000,000 or more, the cannabis business | 18 | | establishment receiving the cannabis is within 2,000 feet | 19 | | of the property line of the craft grower; | 20 | | (ii) If the craft grower is located in a county with a | 21 | | population of more than 700,000 but fewer than 3,000,000, | 22 | | the cannabis business establishment receiving the cannabis | 23 | | is within 2 miles of the craft grower; or | 24 | | (iii) If the craft grower is located in a county with a | 25 | | population of fewer than 700,000, the cannabis business | 26 | | establishment receiving the cannabis is within 15 miles of |
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| 1 | | the craft grower. | 2 | | (l) A craft grower may enter into a contract with a | 3 | | transporting organization to transport cannabis to a | 4 | | cultivation center, a craft grower, an infuser organization, a | 5 | | dispensing organization, or a laboratory. | 6 | | (m) No person or entity shall hold any legal, equitable, | 7 | | ownership, or beneficial interest, directly or indirectly, of | 8 | | more than 3 craft grower licenses. Further, no person or | 9 | | entity that is employed by, an agent of, or has a contract to | 10 | | receive payment from or participate in the management of a | 11 | | craft grower, is a principal officer of a craft grower, or | 12 | | entity controlled by or affiliated with a principal officer of | 13 | | a craft grower shall hold any legal, equitable, ownership, or | 14 | | beneficial interest, directly or indirectly, in a craft grower | 15 | | license that would result in the person or entity owning or | 16 | | controlling in combination with any craft grower, principal | 17 | | officer of a craft grower, or entity controlled or affiliated | 18 | | with a principal officer of a craft grower by which he, she, or | 19 | | it is employed, is an agent of, or participates in the | 20 | | management of more than 3 craft grower licenses. | 21 | | (n) It is unlawful for any person having a craft grower | 22 | | license or any officer, associate, member, representative, or | 23 | | agent of the licensee to offer or deliver money, or anything | 24 | | else of value, directly or indirectly, to any person having an | 25 | | Early Approval Adult Use Dispensing Organization License, a | 26 | | Conditional Adult Use Dispensing Organization License, an |
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| 1 | | Adult Use Dispensing Organization License, or a medical | 2 | | cannabis dispensing organization license issued under the | 3 | | Compassionate Use of Medical Cannabis Program Act, or to any | 4 | | person connected with or in any way representing, or to any | 5 | | member of the family of, the person holding an Early Approval | 6 | | Adult Use Dispensing Organization License, a Conditional Adult | 7 | | Use Dispensing Organization License, an Adult Use Dispensing | 8 | | Organization License, or a medical cannabis dispensing | 9 | | organization license issued under the Compassionate Use of | 10 | | Medical Cannabis Program Act, or to any stockholders in any | 11 | | corporation engaged in the retail sale of cannabis, or to any | 12 | | officer, manager, agent, or representative of the Early | 13 | | Approval Adult Use Dispensing Organization License, a | 14 | | Conditional Adult Use Dispensing Organization License, an | 15 | | Adult Use Dispensing Organization License, or a medical | 16 | | cannabis dispensing organization license issued under the | 17 | | Compassionate Use of Medical Cannabis Program Act to obtain | 18 | | preferential placement within the dispensing organization, | 19 | | including, without limitation, on shelves and in display cases | 20 | | where purchasers can view products, or on the dispensing | 21 | | organization's website. | 22 | | (o) A craft grower shall not be located within 1,500 feet | 23 | | of another craft grower or a cultivation center , unless the | 24 | | craft grower shares premises with up to 2 other craft growers, | 25 | | an infuser organization, a dispensing organization, or any | 26 | | combination thereof as provided under the definition of "craft |
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| 1 | | grower" in Section 1-10 or under subsection (e) of Section | 2 | | 15-100 or subsection (l) of Section 35-25 . | 3 | | (p) A craft grower may process cannabis, cannabis | 4 | | concentrates, and cannabis-infused products. | 5 | | (q) A craft grower must comply with any other requirements | 6 | | or prohibitions set by administrative rule of the Department | 7 | | of Agriculture.
| 8 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; | 9 | | 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff. | 10 | | 5-13-22.) | 11 | | (410 ILCS 705/35-25)
| 12 | | Sec. 35-25. Infuser organization requirements; | 13 | | prohibitions. | 14 | | (a) The operating documents of an infuser shall include | 15 | | procedures for the oversight of the infuser, an inventory | 16 | | monitoring system including a physical inventory recorded | 17 | | weekly, accurate recordkeeping, and a staffing plan. | 18 | | (b) An infuser shall implement a security plan reviewed by | 19 | | the Illinois State Police that includes, but is not limited | 20 | | to: facility access controls, perimeter intrusion detection | 21 | | systems, personnel identification systems, and a 24-hour | 22 | | surveillance system to monitor the interior and exterior of | 23 | | the infuser facility and that is accessible to authorized law | 24 | | enforcement, the Department of Public Health, and the | 25 | | Department of Agriculture in real time. |
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| 1 | | (c) All processing of cannabis by an infuser must take | 2 | | place in an enclosed, locked facility at the physical address | 3 | | provided to the Department of Agriculture during the licensing | 4 | | process. The infuser location shall only be accessed by the | 5 | | agents working for the infuser, the Department of Agriculture | 6 | | staff performing inspections, the Department of Public Health | 7 | | staff performing inspections, State and local law enforcement | 8 | | or other emergency personnel, contractors working on jobs | 9 | | unrelated to cannabis, such as installing or maintaining | 10 | | security devices or performing electrical wiring, transporting | 11 | | organization agents as provided in this Act, participants in | 12 | | the incubator program, individuals in a mentoring or | 13 | | educational program approved by the State, local safety or | 14 | | health inspectors, or other individuals as provided by rule. | 15 | | However, if an infuser shares a premises with a craft grower or | 16 | | dispensing organization, agents from these other licensees may | 17 | | access the infuser portion of the premises if that is the | 18 | | location of common bathrooms, lunchrooms, locker rooms, or | 19 | | other areas of the building where processing of cannabis is | 20 | | not performed. At no time may a craft grower or dispensing | 21 | | organization agent perform work at an infuser without being a | 22 | | registered agent of the infuser. | 23 | | (d) An infuser may not sell or distribute any cannabis to | 24 | | any person other than a dispensing organization, or as | 25 | | otherwise authorized by rule. | 26 | | (e) An infuser may not either directly or indirectly |
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| 1 | | discriminate in price between different cannabis business | 2 | | establishments that are purchasing a like grade, strain, | 3 | | brand, and quality of cannabis or cannabis-infused product. | 4 | | Nothing in this subsection (e) prevents an infuser from | 5 | | pricing cannabis differently based on differences in the cost | 6 | | of manufacturing or processing, the quantities sold, such | 7 | | volume discounts, or the way the products are delivered. | 8 | | (f) All cannabis infused by an infuser and intended for | 9 | | distribution to a dispensing organization must be entered into | 10 | | a data collection system, packaged and labeled under Section | 11 | | 55-21, and, if distribution is to a dispensing organization | 12 | | that does not share a premises with the infuser, placed into a | 13 | | cannabis container for transport. All cannabis produced by an | 14 | | infuser and intended for distribution to a cultivation center, | 15 | | infuser organization, or craft grower with which it does not | 16 | | share a premises, must be packaged in a labeled cannabis | 17 | | container and entered into a data collection system before | 18 | | transport. | 19 | | (g) Infusers are subject to random inspections by the | 20 | | Department of Agriculture, the Department of Public Health, | 21 | | the Illinois State Police, local law enforcement, or as | 22 | | provided by rule. | 23 | | (h) An infuser agent shall notify local law enforcement, | 24 | | the Illinois State Police, and the Department of Agriculture | 25 | | within 24 hours of the discovery of any loss or theft. | 26 | | Notification shall be made by phone, in person, or by written |
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| 1 | | or electronic communication. | 2 | | (i) An infuser organization may not be located in an area | 3 | | zoned for residential use. | 4 | | (j) An infuser or infuser agent shall not transport | 5 | | cannabis or cannabis-infused products to any other cannabis | 6 | | business establishment without a transport organization | 7 | | license unless: | 8 | | (i) If the infuser is located in a county with a | 9 | | population of 3,000,000 or more, the cannabis business | 10 | | establishment receiving the cannabis or cannabis-infused | 11 | | product is within 2,000 feet of the property line of the | 12 | | infuser; | 13 | | (ii) If the infuser is located in a county with a | 14 | | population of more than 700,000 but fewer than 3,000,000, | 15 | | the cannabis business establishment receiving the cannabis | 16 | | or cannabis-infused product is within 2 miles of the | 17 | | infuser; or | 18 | | (iii) If the infuser is located in a county with a | 19 | | population of fewer than 700,000, the cannabis business | 20 | | establishment receiving the cannabis or cannabis-infused | 21 | | product is within 15 miles of the infuser. | 22 | | (k) An infuser may enter into a contract with a | 23 | | transporting organization to transport cannabis to a | 24 | | dispensing organization or a laboratory. | 25 | | (l) An infuser organization may share premises with up to | 26 | | 3 craft growers, a cultivation center, a dispensing |
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| 1 | | organization, or any combination thereof a craft grower or a | 2 | | dispensing organization, or both , provided each licensee | 3 | | stores currency and cannabis or cannabis-infused products in a | 4 | | separate secured vault to which the other licensee does not | 5 | | have access or all licensees sharing a vault share more than | 6 | | 50% of the same ownership. | 7 | | (m) It is unlawful for any person or entity having an | 8 | | infuser organization license or any officer, associate, | 9 | | member, representative or agent of such licensee to offer or | 10 | | deliver money, or anything else of value, directly or | 11 | | indirectly to any person having an Early Approval Adult Use | 12 | | Dispensing Organization License, a Conditional Adult Use | 13 | | Dispensing Organization License, an Adult Use Dispensing | 14 | | Organization License, or a medical cannabis dispensing | 15 | | organization license issued under the Compassionate Use of | 16 | | Medical Cannabis Program Act, or to any person connected with | 17 | | or in any way representing, or to any member of the family of, | 18 | | such person holding an Early Approval Adult Use Dispensing | 19 | | Organization License, a Conditional Adult Use Dispensing | 20 | | Organization License, an Adult Use Dispensing Organization | 21 | | License, or a medical cannabis dispensing organization license | 22 | | issued under the Compassionate Use of Medical Cannabis Program | 23 | | Act, or to any stockholders in any corporation engaged the | 24 | | retail sales of cannabis, or to any officer, manager, agent, | 25 | | or representative of the Early Approval Adult Use Dispensing | 26 | | Organization License, a Conditional Adult Use Dispensing |
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| 1 | | Organization License, an Adult Use Dispensing Organization | 2 | | License, or a medical cannabis dispensing organization license | 3 | | issued under the Compassionate Use of Medical Cannabis Program | 4 | | Act to obtain preferential placement within the dispensing | 5 | | organization, including, without limitation, on shelves and in | 6 | | display cases where purchasers can view products, or on the | 7 | | dispensing organization's website. | 8 | | (n) At no time shall an infuser organization or an infuser | 9 | | agent perform the extraction of cannabis concentrate from | 10 | | cannabis flower.
| 11 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; | 12 | | 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff. | 13 | | 5-13-22.)
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.
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