Illinois General Assembly - Full Text of HB4097
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Full Text of HB4097  102nd General Assembly

HB4097 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4097

 

Introduced 6/15/2021, by Rep. La Shawn K. Ford

 

SYNOPSIS AS INTRODUCED:
 
410 ILCS 705/1-10
410 ILCS 705/30-5
410 ILCS 705/30-30
410 ILCS 705/35-31
410 ILCS 705/40-25
410 ILCS 705/55-20
410 ILCS 705/60-10

    Amends the Cannabis Regulation and Tax Act. Removes language providing that any person or entity awarded a craft grower license under specified provisions shall only hold one craft grower license. Requires the Department of Agriculture to issue an additional 30 craft grower licenses on or before December 21, 2021 and an additional 30 craft grower licenses on or before March 15, 2022 under specified conditions. Removes language providing that a craft grower shall not be located within 1,500 feet of another craft grower. Requires each adult use cultivation center or Early Approval Adult Use Cultivation Center License holder that produces THC oil extract to set aside a portion of its total monthly production of THC oil extract to sell to infuser organizations to provide infuser organizations with an adequate supply for their infusion processes. Provides that a transporting organization may transport cannabis or cannabis-infused products to a transporting organization depot or other transporting organization transfer facility. Provides that no cannabis business establishment nor any other person or entity shall engage in advertising that contains any statement or illustration that includes a description of or reference to a cannabis product as "craft", unless that product or the raw material used to create that product is produced by a craft grower. Provides that the tax imposed under the Cannabis Cultivation Privilege Tax Law shall not be assessed against or collected from any craft grower awarded a craft grower license under the Act until 2 years after the date that the license is awarded to the craft grower. Makes other changes.


LRB102 18741 CPF 27299 b

 

 

A BILL FOR

 

HB4097LRB102 18741 CPF 27299 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, 30-5, 30-30, 35-31, 40-25, 55-20,
6and 60-10 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    "BLS Region" means a region in Illinois used by the United
3States Bureau of Labor Statistics to gather and categorize
4certain employment and wage data. The 17 such regions in
5Illinois are: Bloomington, Cape Girardeau, Carbondale-Marion,
6Champaign-Urbana, Chicago-Naperville-Elgin, Danville,
7Davenport-Moline-Rock Island, Decatur, Kankakee, Peoria,
8Rockford, St. Louis, Springfield, Northwest Illinois
9nonmetropolitan area, West Central Illinois nonmetropolitan
10area, East Central Illinois nonmetropolitan area, and South
11Illinois nonmetropolitan area.
12    "Cannabis" means marijuana, hashish, and other substances
13that are identified as including any parts of the plant
14Cannabis sativa and including derivatives or subspecies, such
15as indica, of all strains of cannabis, whether growing or not;
16the seeds thereof, the resin extracted from any part of the
17plant; and any compound, manufacture, salt, derivative,
18mixture, or preparation of the plant, its seeds, or resin,
19including tetrahydrocannabinol (THC) and all other naturally
20produced cannabinol derivatives, whether produced directly or
21indirectly by extraction; however, "cannabis" does not include
22the mature stalks of the plant, fiber produced from the
23stalks, oil or cake made from the seeds of the plant, any other
24compound, manufacture, salt, derivative, mixture, or
25preparation of the mature stalks (except the resin extracted
26from it), fiber, oil or cake, or the sterilized seed of the

 

 

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1plant that is incapable of germination. "Cannabis" does not
2include industrial hemp as defined and authorized under the
3Industrial Hemp Act. "Cannabis" also means cannabis flower,
4concentrate, and cannabis-infused products.
5    "Cannabis business establishment" means a cultivation
6center, craft grower, processing organization, infuser
7organization, dispensing organization, or transporting
8organization.
9    "Cannabis concentrate" means a product derived from
10cannabis that is produced by extracting cannabinoids,
11including tetrahydrocannabinol (THC), from the plant through
12the use of propylene glycol, glycerin, butter, olive oil or
13other typical cooking fats; water, ice, or dry ice; or butane,
14propane, CO2, ethanol, or isopropanol and with the intended
15use of smoking or making a cannabis-infused product. The use
16of any other solvent is expressly prohibited unless and until
17it is approved by the Department of Agriculture.
18    "Cannabis container" means a sealed, traceable, container,
19or package used for the purpose of containment of cannabis or
20cannabis-infused product during transportation.
21    "Cannabis flower" means marijuana, hashish, and other
22substances that are identified as including any parts of the
23plant Cannabis sativa and including derivatives or subspecies,
24such as indica, of all strains of cannabis; including raw
25kief, leaves, and buds, but not resin that has been extracted
26from any part of such plant; nor any compound, manufacture,

 

 

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1salt, derivative, mixture, or preparation of such plant, its
2seeds, or resin.
3    "Cannabis-infused product" means a beverage, food, oil,
4ointment, tincture, topical formulation, or another product
5containing cannabis or cannabis concentrate that is not
6intended to be smoked.
7    "Cannabis paraphernalia" means equipment, products, or
8materials intended to be used for planting, propagating,
9cultivating, growing, harvesting, manufacturing, producing,
10processing, preparing, testing, analyzing, packaging,
11repackaging, storing, containing, concealing, ingesting, or
12otherwise introducing cannabis into the human body.
13    "Cannabis plant monitoring system" or "plant monitoring
14system" means a system that includes, but is not limited to,
15testing and data collection established and maintained by the
16cultivation center, craft grower, or processing organization
17and that is available to the Department of Revenue, the
18Department of Agriculture, the Department of Financial and
19Professional Regulation, and the Department of State Police
20for the purposes of documenting each cannabis plant and
21monitoring plant development throughout the life cycle of a
22cannabis plant cultivated for the intended use by a customer
23from seed planting to final packaging.
24    "Cannabis testing facility" means an entity registered by
25the Department of Agriculture to test cannabis for potency and
26contaminants.

 

 

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1    "Clone" means a plant section from a female cannabis plant
2not yet rootbound, growing in a water solution or other
3propagation matrix, that is capable of developing into a new
4plant.
5    "Community College Cannabis Vocational Training Pilot
6Program faculty participant" means a person who is 21 years of
7age or older, licensed by the Department of Agriculture, and
8is employed or contracted by an Illinois community college to
9provide student instruction using cannabis plants at an
10Illinois Community College.
11    "Community College Cannabis Vocational Training Pilot
12Program faculty participant Agent Identification Card" means a
13document issued by the Department of Agriculture that
14identifies a person as Community College Cannabis Vocational
15Training Pilot Program faculty participant.
16    "Conditional Adult Use Dispensing Organization License"
17means a license awarded to top-scoring applicants for an Adult
18Use Dispensing Organization License that reserves the right to
19an Adult Use Dispensing Organization License if the applicant
20meets certain conditions described in this Act, but does not
21entitle the recipient to begin purchasing or selling cannabis
22or cannabis-infused products.
23    "Conditional Adult Use Cultivation Center License" means a
24license awarded to top-scoring applicants for an Adult Use
25Cultivation Center License that reserves the right to an Adult
26Use Cultivation Center License if the applicant meets certain

 

 

HB4097- 6 -LRB102 18741 CPF 27299 b

1conditions as determined by the Department of Agriculture by
2rule, but does not entitle the recipient to begin growing,
3processing, or selling cannabis or cannabis-infused products.
4    "Craft grower" means a facility operated by an
5organization or business that is licensed by the Department of
6Agriculture to cultivate, dry, cure, and package cannabis and
7perform other necessary activities to make cannabis available
8for sale at a dispensing organization or use at a processing
9organization. A craft grower may contain up to 14,000 5,000
10square feet of canopy space on its premises for plants in the
11flowering state. The Department of Agriculture may authorize
12an increase or decrease of flowering stage cultivation space
13in increments of 3,000 square feet by rule based on market
14need, craft grower capacity, and the licensee's history of
15compliance or noncompliance, with a maximum space of 14,000
16square feet for cultivating plants in the flowering stage,
17which must be cultivated in all stages of growth in an enclosed
18and secure area. A craft grower may share premises with a
19processing organization or a dispensing organization, or both,
20provided each licensee stores currency and cannabis or
21cannabis-infused products in a separate secured vault to which
22the other licensee does not have access or all licensees
23sharing a vault share more than 50% of the same ownership.
24    "Craft grower agent" means a principal officer, board
25member, employee, or other agent of a craft grower who is 21
26years of age or older.

 

 

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1    "Craft Grower Agent Identification Card" means a document
2issued by the Department of Agriculture that identifies a
3person as a craft grower agent.
4    "Cultivation center" means a facility operated by an
5organization or business that is licensed by the Department of
6Agriculture to cultivate, process, transport (unless otherwise
7limited by this Act), and perform other necessary activities
8to provide cannabis and cannabis-infused products to cannabis
9business establishments.
10    "Cultivation center agent" means a principal officer,
11board member, employee, or other agent of a cultivation center
12who is 21 years of age or older.
13    "Cultivation Center Agent Identification Card" means a
14document issued by the Department of Agriculture that
15identifies a person as a cultivation center agent.
16    "Currency" means currency and coin of the United States.
17    "Dispensary" means a facility operated by a dispensing
18organization at which activities licensed by this Act may
19occur.
20    "Dispensing organization" means a facility operated by an
21organization or business that is licensed by the Department of
22Financial and Professional Regulation to acquire cannabis from
23a cultivation center, craft grower, processing organization,
24or another dispensary for the purpose of selling or dispensing
25cannabis, cannabis-infused products, cannabis seeds,
26paraphernalia, or related supplies under this Act to

 

 

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1purchasers or to qualified registered medical cannabis
2patients and caregivers. As used in this Act, "dispensing
3organization" includes a registered medical cannabis
4organization as defined in the Compassionate Use of Medical
5Cannabis Program Act or its successor Act that has obtained an
6Early Approval Adult Use Dispensing Organization License.
7    "Dispensing organization agent" means a principal officer,
8employee, or agent of a dispensing organization who is 21
9years of age or older.
10    "Dispensing organization agent identification card" means
11a document issued by the Department of Financial and
12Professional Regulation that identifies a person as a
13dispensing organization agent.
14    "Disproportionately Impacted Area" means a census tract or
15comparable geographic area that satisfies the following
16criteria as determined by the Department of Commerce and
17Economic Opportunity, that:
18        (1) meets at least one of the following criteria:
19            (A) the area has a poverty rate of at least 20%
20        according to the latest federal decennial census; or
21            (B) 75% or more of the children in the area
22        participate in the federal free lunch program
23        according to reported statistics from the State Board
24        of Education; or
25            (C) at least 20% of the households in the area
26        receive assistance under the Supplemental Nutrition

 

 

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1        Assistance Program; or
2            (D) the area has an average unemployment rate, as
3        determined by the Illinois Department of Employment
4        Security, that is more than 120% of the national
5        unemployment average, as determined by the United
6        States Department of Labor, for a period of at least 2
7        consecutive calendar years preceding the date of the
8        application; and
9        (2) has high rates of arrest, conviction, and
10    incarceration related to the sale, possession, use,
11    cultivation, manufacture, or transport of cannabis.
12    "Early Approval Adult Use Cultivation Center License"
13means a license that permits a medical cannabis cultivation
14center licensed under the Compassionate Use of Medical
15Cannabis Program Act as of the effective date of this Act to
16begin cultivating, infusing, packaging, transporting (unless
17otherwise provided in this Act), processing and selling
18cannabis or cannabis-infused product to cannabis business
19establishments for resale to purchasers as permitted by this
20Act as of January 1, 2020.
21    "Early Approval Adult Use Dispensing Organization License"
22means a license that permits a medical cannabis dispensing
23organization licensed under the Compassionate Use of Medical
24Cannabis Program Act as of the effective date of this Act to
25begin selling cannabis or cannabis-infused product to
26purchasers as permitted by this Act as of January 1, 2020.

 

 

HB4097- 10 -LRB102 18741 CPF 27299 b

1    "Early Approval Adult Use Dispensing Organization at a
2secondary site" means a license that permits a medical
3cannabis dispensing organization licensed under the
4Compassionate Use of Medical Cannabis Program Act as of the
5effective date of this Act to begin selling cannabis or
6cannabis-infused product to purchasers as permitted by this
7Act on January 1, 2020 at a different dispensary location from
8its existing registered medical dispensary location.
9    "Enclosed, locked facility" means a room, greenhouse,
10building, or other enclosed area equipped with locks or other
11security devices that permit access only by cannabis business
12establishment agents working for the licensed cannabis
13business establishment or acting pursuant to this Act to
14cultivate, process, store, or distribute cannabis.
15    "Enclosed, locked space" means a closet, room, greenhouse,
16building or other enclosed area equipped with locks or other
17security devices that permit access only by authorized
18individuals under this Act. "Enclosed, locked space" may
19include:
20        (1) a space within a residential building that (i) is
21    the primary residence of the individual cultivating 5 or
22    fewer cannabis plants that are more than 5 inches tall and
23    (ii) includes sleeping quarters and indoor plumbing. The
24    space must only be accessible by a key or code that is
25    different from any key or code that can be used to access
26    the residential building from the exterior; or

 

 

HB4097- 11 -LRB102 18741 CPF 27299 b

1        (2) a structure, such as a shed or greenhouse, that
2    lies on the same plot of land as a residential building
3    that (i) includes sleeping quarters and indoor plumbing
4    and (ii) is used as a primary residence by the person
5    cultivating 5 or fewer cannabis plants that are more than
6    5 inches tall, such as a shed or greenhouse. The structure
7    must remain locked when it is unoccupied by people.
8    "Financial institution" has the same meaning as "financial
9organization" as defined in Section 1501 of the Illinois
10Income Tax Act, and also includes the holding companies,
11subsidiaries, and affiliates of such financial organizations.
12    "Flowering stage" means the stage of cultivation where and
13when a cannabis plant is cultivated to produce plant material
14for cannabis products. This includes mature plants as follows:
15        (1) if greater than 2 stigmas are visible at each
16    internode of the plant; or
17        (2) if the cannabis plant is in an area that has been
18    intentionally deprived of light for a period of time
19    intended to produce flower buds and induce maturation,
20    from the moment the light deprivation began through the
21    remainder of the marijuana plant growth cycle.
22    "Individual" means a natural person.
23    "Infuser organization" or "infuser" means a facility
24operated by an organization or business that is licensed by
25the Department of Agriculture to directly incorporate cannabis
26or cannabis concentrate into a product formulation to produce

 

 

HB4097- 12 -LRB102 18741 CPF 27299 b

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

 

 

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1this Act and upon the licensed premises where cannabis sales
2occur with access limited to purchasers, dispensing
3organization owners and other dispensing organization agents,
4or service professionals conducting business with the
5dispensing organization, or, if sales to registered qualifying
6patients, caregivers, provisional patients, and Opioid
7Alternative Pilot Program participants licensed pursuant to
8the Compassionate Use of Medical Cannabis Program Act are also
9permitted at the dispensary, registered qualifying patients,
10caregivers, provisional patients, and Opioid Alternative Pilot
11Program participants.
12    "Member of an impacted family" means an individual who has
13a parent, legal guardian, child, spouse, or dependent, or was
14a dependent of an individual who, prior to the effective date
15of this Act, was arrested for, convicted of, or adjudicated
16delinquent for any offense that is eligible for expungement
17under this Act.
18    "Mother plant" means a cannabis plant that is cultivated
19or maintained for the purpose of generating clones, and that
20will not be used to produce plant material for sale to an
21infuser or dispensing organization.
22    "Ordinary public view" means within the sight line with
23normal visual range of a person, unassisted by visual aids,
24from a public street or sidewalk adjacent to real property, or
25from within an adjacent property.
26    "Ownership and control" means ownership of at least 51% of

 

 

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1the business, including corporate stock if a corporation, and
2control over the management and day-to-day operations of the
3business and an interest in the capital, assets, and profits
4and losses of the business proportionate to percentage of
5ownership.
6    "Person" means a natural individual, firm, partnership,
7association, joint stock company, joint venture, public or
8private corporation, limited liability company, or a receiver,
9executor, trustee, guardian, or other representative appointed
10by order of any court.
11    "Possession limit" means the amount of cannabis under
12Section 10-10 that may be possessed at any one time by a person
1321 years of age or older or who is a registered qualifying
14medical cannabis patient or caregiver under the Compassionate
15Use of Medical Cannabis Program Act.
16    "Principal officer" includes a cannabis business
17establishment applicant or licensed cannabis business
18establishment's board member, owner with more than 1% interest
19of the total cannabis business establishment or more than 5%
20interest of the total cannabis business establishment of a
21publicly traded company, president, vice president, secretary,
22treasurer, partner, officer, member, manager member, or person
23with a profit sharing, financial interest, or revenue sharing
24arrangement. The definition includes a person with authority
25to control the cannabis business establishment, a person who
26assumes responsibility for the debts of the cannabis business

 

 

HB4097- 15 -LRB102 18741 CPF 27299 b

1establishment and who is further defined in this Act.
2    "Primary residence" means a dwelling where a person
3usually stays or stays more often than other locations. It may
4be determined by, without limitation, presence, tax filings;
5address on an Illinois driver's license, an Illinois
6Identification Card, or an Illinois Person with a Disability
7Identification Card; or voter registration. No person may have
8more than one primary residence.
9    "Processing organization" or "processor" means a facility
10operated by an organization or business that is licensed by
11the Department of Agriculture to either extract constituent
12chemicals or compounds to produce cannabis concentrate or
13incorporate cannabis or cannabis concentrate into a product
14formulation to produce a cannabis product.
15    "Processing organization agent" means a principal officer,
16board member, employee, or agent of a processing organization.
17    "Processing organization agent identification card" means
18a document issued by the Department of Agriculture that
19identifies a person as a processing organization agent.
20    "Purchaser" means a person 21 years of age or older who
21acquires cannabis for a valuable consideration. "Purchaser"
22does not include a cardholder under the Compassionate Use of
23Medical Cannabis Program Act.
24    "Qualified Social Equity Applicant" means a Social Equity
25Applicant who has been awarded a conditional license under
26this Act to operate a cannabis business establishment.

 

 

HB4097- 16 -LRB102 18741 CPF 27299 b

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

 

 

HB4097- 17 -LRB102 18741 CPF 27299 b

1    control by one or more individuals who:
2            (i) have been arrested for, convicted of, or
3        adjudicated delinquent for any offense that is
4        eligible for expungement under this Act; or
5            (ii) is a member of an impacted family;
6        (3) for applicants with a minimum of 10 full-time
7    employees, an applicant with at least 51% of current
8    employees who:
9            (i) currently reside in a Disproportionately
10        Impacted Area; or
11            (ii) have been arrested for, convicted of, or
12        adjudicated delinquent for any offense that is
13        eligible for expungement under this Act or member of
14        an impacted family.
15    Nothing in this Act shall be construed to preempt or limit
16the duties of any employer under the Job Opportunities for
17Qualified Applicants Act. Nothing in this Act shall permit an
18employer to require an employee to disclose sealed or expunged
19offenses, unless otherwise required by law.
20    "Social Equity Justice Involved Applicant" means an
21applicant that is an Illinois resident that meets the
22following 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; or

 

 

HB4097- 18 -LRB102 18741 CPF 27299 b

1        (2) either:
2            (A) an applicant with at least 51% of ownership
3        and control by one or more individuals who have been
4        arrested for, convicted of, or adjudicated delinquent
5        for any offense that is eligible for expungement under
6        subsection (i) of Section 5.2 of the Criminal
7        Identification Act; or
8            (B) an applicant with at least 51% ownership and
9        control by one or more members of an impacted family.
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"

 

 

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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.)
 
19    (410 ILCS 705/30-5)
20    Sec. 30-5. Issuance of licenses.
21    (a) The Department of Agriculture shall issue up to 40
22craft grower licenses by July 1, 2020. Any person or entity
23awarded a license pursuant to this subsection shall only hold
24one craft grower license and may not sell that license until
25after December 21, 2021.

 

 

HB4097- 20 -LRB102 18741 CPF 27299 b

1    (a-5) The Department of Agriculture shall issue an
2additional 30 craft grower licenses on or before December 21,
32021, cost free, to applicants who submitted craft grower
4license applications on or before April 30, 2020 but were not
5awarded a license under subsection (a) and who received at
6least 85% of the total points available on their applications.
7Any person or entity awarded a license under this subsection
8may sell that license at any time after it is awarded.
9    (a-10) The Department of Agriculture shall issue an
10additional 30 craft grower licenses on or before March 15,
112022, cost free, to applicants who submitted craft grower
12license applications on or before April 30, 2020 but were not
13awarded a license under subsection (a) or subsection (a-5),
14received at least 85% of the total points available on their
15applications, and qualify as Social Equity Justice Involved
16Applicants. Any applicant awarded a license under this
17subsection may sell that license at any time after it is
18awarded.
19    (b) By December 21, 2021, the Department of Agriculture
20shall issue up to 60 additional craft grower licenses. Any
21person or entity awarded a license pursuant to this Section
22subsection shall not hold more than 2 craft grower licenses.
23The person or entity awarded a license pursuant to this
24subsection or subsection (a) of this Section may sell its
25craft grower license subject to the restrictions of this Act
26or as determined by administrative rule. Prior to issuing such

 

 

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

 

 

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1    where the sale of cannabis is not permitted by law;
2        (5) population increases or shifts;
3        (6) the density of craft growers in any area of the
4    State;
5        (7) perceived security risks of increasing the number
6    or location of craft growers;
7        (8) the past safety record of craft growers;
8        (9) the Department of Agriculture's capacity to
9    appropriately regulate additional licensees;
10        (10) the findings and recommendations from the
11    disparity and availability study commissioned by the
12    Illinois Cannabis Regulation Oversight Officer to reduce
13    or eliminate any identified barriers to entry in the
14    cannabis industry; and
15        (11) any other criteria the Department of Agriculture
16    deems relevant.
17    (c) After January 1 2023, 2022, the Department of
18Agriculture may by rule modify or raise the number of craft
19grower licenses and modify or change the licensing application
20process to reduce or eliminate barriers based on the criteria
21in subsection (b). At no time may the number of craft grower
22licenses exceed 150. Any person or entity awarded a license
23pursuant to this subsection shall not hold more than 5 3 craft
24grower licenses. A person or entity awarded a license pursuant
25to this subsection or subsections subsection (a), (a-5), or
26(a-10) or subsection (b) of this Section may sell its craft

 

 

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

 

 

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1State and local law enforcement or other emergency personnel,
2contractors working on jobs unrelated to cannabis, such as
3installing or maintaining security devices or performing
4electrical wiring, transporting organization agents as
5provided in this Act, or participants in the incubator
6program, individuals in a mentoring or educational program
7approved by the State, or other individuals as provided by
8rule. However, if a craft grower shares a premises with an
9infuser or dispensing organization, agents from those other
10licensees may access the craft grower portion of the premises
11if that is the location of common bathrooms, lunchrooms,
12locker rooms, or other areas of the building where work or
13cultivation of cannabis is not performed. At no time may an
14infuser or dispensing organization agent perform work at a
15craft grower without being a registered agent of the craft
16grower.
17    (d) A craft grower may not sell or distribute any cannabis
18to any person other than a cultivation center, a craft grower,
19an infuser organization, a dispensing organization, or as
20otherwise authorized by rule.
21    (e) A craft grower may not be located in an area zoned for
22residential use.
23    (f) A craft grower may not either directly or indirectly
24discriminate in price between different cannabis business
25establishments that are purchasing a like grade, strain,
26brand, and quality of cannabis or cannabis-infused product.

 

 

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1Nothing in this subsection (f) prevents a craft grower from
2pricing cannabis differently based on differences in the cost
3of manufacturing or processing, the quantities sold, such as
4volume discounts, or the way the products are delivered.
5    (g) All cannabis harvested by a craft grower and intended
6for distribution to a dispensing organization must be entered
7into a data collection system, packaged and labeled under
8Section 55-21, and, if distribution is to a dispensing
9organization that does not share a premises with the
10dispensing organization receiving the cannabis, placed into a
11cannabis container for transport. All cannabis harvested by a
12craft grower and intended for distribution to a cultivation
13center, to an infuser organization, or to a craft grower with
14which it does not share a premises, must be packaged in a
15labeled cannabis container and entered into a data collection
16system before transport.
17    (h) Craft growers are subject to random inspections by the
18Department of Agriculture, local safety or health inspectors,
19and the Department of State Police.
20    (i) A craft grower agent shall notify local law
21enforcement, the Department of State Police, and the
22Department of Agriculture within 24 hours of the discovery of
23any loss or theft. Notification shall be made by phone, in
24person, or written or electronic communication.
25    (j) A craft grower shall comply with all State and any
26applicable federal rules and regulations regarding the use of

 

 

HB4097- 26 -LRB102 18741 CPF 27299 b

1pesticides.
2    (k) A craft grower or craft grower agent shall not
3transport cannabis or cannabis-infused products to any other
4cannabis business establishment without a transport
5organization license unless:
6        (i) If the craft grower is located in a county with a
7    population of 3,000,000 or more, the cannabis business
8    establishment receiving the cannabis is within 2,000 feet
9    of the property line of the craft grower;
10        (ii) If the craft grower is located in a county with a
11    population of more than 700,000 but fewer than 3,000,000,
12    the cannabis business establishment receiving the cannabis
13    is within 2 miles of the craft grower; or
14        (iii) If the craft grower is located in a county with a
15    population of fewer than 700,000, the cannabis business
16    establishment receiving the cannabis is within 15 miles of
17    the craft grower.
18    (l) A craft grower may enter into a contract with a
19transporting organization to transport cannabis to a
20cultivation center, a craft grower, an infuser organization, a
21dispensing organization, or a laboratory.
22    (m) No person or entity shall hold any legal, equitable,
23ownership, or beneficial interest, directly or indirectly, of
24more than 3 craft grower licenses. Further, no person or
25entity that is employed by, an agent of, or has a contract to
26receive payment from or participate in the management of a

 

 

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1craft grower, is a principal officer of a craft grower, or
2entity controlled by or affiliated with a principal officer of
3a craft grower shall hold any legal, equitable, ownership, or
4beneficial interest, directly or indirectly, in a craft grower
5license that would result in the person or entity owning or
6controlling in combination with any craft grower, principal
7officer of a craft grower, or entity controlled or affiliated
8with a principal officer of a craft grower by which he, she, or
9it is employed, is an agent of, or participates in the
10management of more than 3 craft grower licenses.
11    (n) It is unlawful for any person having a craft grower
12license or any officer, associate, member, representative, or
13agent of the licensee to offer or deliver money, or anything
14else of value, directly or indirectly, to any person having an
15Early Approval Adult Use Dispensing Organization License, a
16Conditional Adult Use Dispensing Organization License, an
17Adult Use Dispensing Organization License, or a medical
18cannabis dispensing organization license issued under the
19Compassionate Use of Medical Cannabis Program Act, or to any
20person connected with or in any way representing, or to any
21member of the family of, the person holding an Early Approval
22Adult Use Dispensing Organization License, a Conditional Adult
23Use Dispensing Organization License, an Adult Use Dispensing
24Organization License, or a medical cannabis dispensing
25organization license issued under the Compassionate Use of
26Medical Cannabis Program Act, or to any stockholders in any

 

 

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1corporation engaged in the retail sale of cannabis, or to any
2officer, manager, agent, or representative of the Early
3Approval Adult Use Dispensing Organization License, a
4Conditional Adult Use Dispensing Organization License, an
5Adult Use Dispensing Organization License, or a medical
6cannabis dispensing organization license issued under the
7Compassionate Use of Medical Cannabis Program Act to obtain
8preferential placement within the dispensing organization,
9including, without limitation, on shelves and in display cases
10where purchasers can view products, or on the dispensing
11organization's website.
12    (o) A craft grower shall not be located within 1,500 feet
13of another craft grower or a cultivation center.
14    (p) A craft grower may process cannabis, cannabis
15concentrates, and cannabis-infused products.
16    (q) A craft grower must comply with any other requirements
17or prohibitions set by administrative rule of the Department
18of Agriculture.
19(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
20    (410 ILCS 705/35-31)
21    Sec. 35-31. Ensuring an adequate supply of raw materials
22to serve infusers.
23    (a) As used in this Section, "raw materials" includes, but
24is not limited to, CO2 hash oil, "crude", "distillate", or any
25other cannabis concentrate extracted from cannabis flower by

 

 

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1use of a solvent or a mechanical process.
2    (b) The Department of Agriculture may by rule design a
3method for assessing whether licensed infusers have access to
4an adequate supply of reasonably affordable raw materials,
5which may include but not be limited to: (i) a survey of
6infusers; (ii) a market study on the sales trends of
7cannabis-infused products manufactured by infusers; and (iii)
8the costs cultivation centers and craft growers assume for the
9raw materials they use in any cannabis-infused products they
10manufacture.
11    (b-5) Each adult use cultivation center or Early Approval
12Adult Use Cultivation Center License holder licensed under
13Article 20 that produces THC oil extract shall set aside a
14portion of its total monthly production of THC oil extract to
15sell to infuser organizations at market price, quality, and
16variety to provide infuser organizations with an adequate
17supply for their infusion processes. The portion set aside by
18each cultivation center or Early Approval Adult Use
19Cultivation Center License holder shall be on a proportionate,
20pro rata basis and based upon its total monthly production
21compared to the industry total monthly production in the
22previous year as determined by the Department of Agriculture.
23The total monthly portion of THC oil extract set aside by all
24cultivation centers and Early Approval Adult Use Cultivation
25Center License holders shall be as follows:
26        (1) During calendar year 2022, 50,000 grams per month.

 

 

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1        (2) During calendar year 2023, 60,000 grams per month.
2        (3) During calendar year 2024, 70,000 grams per month.
3        (4) During calendar year 2025, 80,000 grams per month.
4        (5) During calendar year 2026, 90,000 grams per month.
5    The price of THC oil extract shall be the average fair
6market price as determined quarterly by the Department of
7Agriculture or an amount equal to 900% of the U.S. Cannabis
8Spot Index's price for cannabis flower if, during any quarter,
9the Department fails to establish a fair market price based
10upon quality and variety. After January 1, 2023, the monthly
11portion of THC oil extract may be adjusted by the Department of
12Agriculture based upon market assessments as provided in
13subsections (c) and (d).
14    (c) The Department of Agriculture shall perform an
15assessment of whether infusers have access to an adequate
16supply of reasonably affordable raw materials that shall start
17no sooner than January 1, 2023 2022 and shall conclude no later
18than April 1, 2023 2022. The Department of Agriculture may
19rely on data from the Illinois Cannabis Regulation Oversight
20Officer as part of this assessment.
21    (d) The Department of Agriculture shall perform an
22assessment of whether infusers have access to an adequate
23supply of reasonably affordable raw materials that shall start
24no sooner than January 1, 2024 2023 and shall conclude no later
25than April 1, 2024 2023. The Department of Agriculture may
26rely on data from the Cannabis Regulation Oversight Officer as

 

 

HB4097- 31 -LRB102 18741 CPF 27299 b

1part of this assessment.
2    (e) The Department of Agriculture may by rule adopt
3measures to ensure infusers have access to an adequate supply
4of reasonably affordable raw materials necessary for the
5manufacture of cannabis-infused products. Such measures may
6include, but not be limited to (i) requiring cultivation
7centers and craft growers to set aside a minimum amount of raw
8materials for the wholesale market or (ii) enabling infusers
9to apply for a processor license to extract raw materials from
10cannabis flower.
11    (f) If the Department of Agriculture determines processor
12licenses may be available to infuser organizations based upon
13findings made pursuant to subsection (e), infuser
14organizations may submit to the Department of Agriculture on
15forms provided by the Department of Agriculture the following
16information as part of an application to receive a processor
17license:
18        (1) experience with the extraction, processing, or
19    infusing of oils similar to those derived from cannabis,
20    or other business practices to be performed by the
21    infuser;
22        (2) a description of the applicant's experience with
23    manufacturing equipment and chemicals to be used in
24    processing;
25        (3) expertise in relevant scientific fields;
26        (4) a commitment that any cannabis waste, liquid

 

 

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1    waste, or hazardous waste shall be disposed of in
2    accordance with 8 Ill. Adm. Code 1000.460, except, to the
3    greatest extent feasible, all cannabis plant waste will be
4    rendered unusable by grinding and incorporating the
5    cannabis plant waste with compostable mixed waste to be
6    disposed of in accordance with Ill. Adm. Code
7    1000.460(g)(1); and
8        (5) any other information the Department of
9    Agriculture deems relevant.
10    (g) The Department of Agriculture may only issue an
11infuser organization a processor license if, based on the
12information pursuant to subsection (f) and any other criteria
13set by the Department of Agriculture, which may include but
14not be limited an inspection of the site where processing
15would occur, the Department of Agriculture is reasonably
16certain the infuser organization will process cannabis in a
17safe and compliant manner.
18(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
19    (410 ILCS 705/40-25)
20    Sec. 40-25. Transporting organization requirements;
21prohibitions.
22    (a) The operating documents of a transporting organization
23shall include procedures for the oversight of the transporter,
24an inventory monitoring system including a physical inventory
25recorded weekly, accurate recordkeeping, and a staffing plan.

 

 

HB4097- 33 -LRB102 18741 CPF 27299 b

1    (b) A transporting organization may not transport cannabis
2or cannabis-infused products to any person other than a
3cultivation center, a craft grower, an infuser organization, a
4dispensing organization, a testing facility, a transporting
5organization depot or other transporting organization transfer
6facility, or as otherwise authorized by rule. A transporting
7organization shall be specifically allowed to use the same
8transport vehicle to pick up or deliver cannabis products from
9and to multiple craft growers, processors, and dispensaries
10during the transporting organization's pick up and delivery
11process.
12    (c) All cannabis transported by a transporting
13organization must be entered into a data collection system and
14placed into a cannabis container for transport.
15    (d) Transporters are subject to random inspections by the
16Department of Agriculture, the Department of Public Health,
17and the Department of State Police.
18    (e) A transporting organization agent shall notify local
19law enforcement, the Department of State Police, and the
20Department of Agriculture within 24 hours of the discovery of
21any loss or theft. Notification shall be made by phone, in
22person, or by written or electronic communication.
23    (f) No person under the age of 21 years shall be in a
24commercial vehicle or trailer transporting cannabis goods.
25    (g) No person or individual who is not a transporting
26organization agent shall be in a vehicle while transporting

 

 

HB4097- 34 -LRB102 18741 CPF 27299 b

1cannabis goods.
2    (h) Transporters may not use commercial motor vehicles
3with a weight rating of over 10,001 pounds.
4    (i) It is unlawful for any person to offer or deliver
5money, or anything else of value, directly or indirectly, to
6any of the following persons to obtain preferential placement
7within the dispensing organization, including, without
8limitation, on shelves and in display cases where purchasers
9can view products, or on the dispensing organization's
10website:
11        (1) a person having a transporting organization
12    license, or any officer, associate, member,
13    representative, or agent of the licensee;
14        (2) a person having an Early Applicant Adult Use
15    Dispensing Organization License, an Adult Use Dispensing
16    Organization License, or a medical cannabis dispensing
17    organization license issued under the Compassionate Use of
18    Medical Cannabis Program Act;
19        (3) a person connected with or in any way
20    representing, or a member of the family of, a person
21    holding an Early Applicant Adult Use Dispensing
22    Organization License, an Adult Use Dispensing Organization
23    License, or a medical cannabis dispensing organization
24    license issued under the Compassionate Use of Medical
25    Cannabis Program Act; or
26        (4) a stockholder, officer, manager, agent, or

 

 

HB4097- 35 -LRB102 18741 CPF 27299 b

1    representative of a corporation engaged in the retail sale
2    of cannabis, an Early Applicant Adult Use Dispensing
3    Organization License, an Adult Use Dispensing Organization
4    License, or a medical cannabis dispensing organization
5    license issued under the Compassionate Use of Medical
6    Cannabis Program Act.
7    (j) A transporting organization agent must keep his or her
8identification card visible at all times when on the property
9of a cannabis business establishment and during the
10transporting of cannabis when acting under his or her duties
11as a transportation organization agent. During these times,
12the transporting organization agent must also provide the
13identification card upon request of any law enforcement
14officer engaged in his or her official duties.
15    (k) A copy of the transporting organization's registration
16and a manifest for the delivery shall be present in any vehicle
17transporting cannabis.
18    (l) Cannabis shall be transported so it is not visible or
19recognizable from outside the vehicle.
20    (m) A vehicle transporting cannabis must not bear any
21markings to indicate the vehicle contains cannabis or bear the
22name or logo of the cannabis business establishment.
23    (n) Cannabis must be transported in an enclosed, locked
24storage compartment or security cage that is secured or
25affixed to the vehicle.
26    (o) The Department of Agriculture may, by rule, impose any

 

 

HB4097- 36 -LRB102 18741 CPF 27299 b

1other requirements or prohibitions on the transportation of
2cannabis.
3(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
4    (410 ILCS 705/55-20)
5    Sec. 55-20. Advertising and promotions.
6    (a) No cannabis business establishment nor any other
7person or entity shall engage in advertising that contains any
8statement or illustration that:
9        (1) is false or misleading;
10        (2) promotes overconsumption of cannabis or cannabis
11    products;
12        (3) depicts the actual consumption of cannabis or
13    cannabis products;
14        (4) depicts a person under 21 years of age consuming
15    cannabis;
16        (5) makes any health, medicinal, or therapeutic claims
17    about cannabis or cannabis-infused products;
18        (6) includes the image of a cannabis leaf or bud; or
19        (7) includes any image designed or likely to appeal to
20    minors, including cartoons, toys, animals, or children, or
21    any other likeness to images, characters, or phrases that
22    is designed in any manner to be appealing to or encourage
23    consumption by persons under 21 years of age; or .
24        (8) includes a description of or reference to a
25    cannabis product as "craft", unless that product or the

 

 

HB4097- 37 -LRB102 18741 CPF 27299 b

1    raw material used to create that product is produced by a
2    craft grower licensed under this Act.
3    (b) No cannabis business establishment nor any other
4person or entity shall place or maintain, or cause to be placed
5or maintained, an advertisement of cannabis or a
6cannabis-infused product in any form or through any medium:
7        (1) within 1,000 feet of the perimeter of school
8    grounds, a playground, a recreation center or facility, a
9    child care center, a public park or public library, or a
10    game arcade to which admission is not restricted to
11    persons 21 years of age or older;
12        (2) on or in a public transit vehicle or public
13    transit shelter;
14        (3) on or in publicly owned or publicly operated
15    property; or
16        (4) that contains information that:
17            (A) is false or misleading;
18            (B) promotes excessive consumption;
19            (C) depicts a person under 21 years of age
20        consuming cannabis;
21            (D) includes the image of a cannabis leaf; or
22            (E) includes any image designed or likely to
23        appeal to minors, including cartoons, toys, animals,
24        or children, or any other likeness to images,
25        characters, or phrases that are popularly used to
26        advertise to children, or any imitation of candy

 

 

HB4097- 38 -LRB102 18741 CPF 27299 b

1        packaging or labeling, or that promotes consumption of
2        cannabis.
3    (c) Subsections (a) and (b) do not apply to an educational
4message.
5    (d) Sales promotions. No cannabis business establishment
6nor any other person or entity may encourage the sale of
7cannabis or cannabis products by giving away cannabis or
8cannabis products, by conducting games or competitions related
9to the consumption of cannabis or cannabis products, or by
10providing promotional materials or activities of a manner or
11type that would be appealing to children.
12(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
13    (410 ILCS 705/60-10)
14    Sec. 60-10. Tax imposed.
15    (a) Beginning September 1, 2019, a tax is imposed upon the
16privilege of cultivating cannabis at the rate of 7% of the
17gross receipts from the first sale of cannabis by a
18cultivator. The sale of any product that contains any amount
19of cannabis or any derivative thereof is subject to the tax
20under this Section on the full selling price of the product.
21The Department may determine the selling price of the cannabis
22when the seller and purchaser are affiliated persons, when the
23sale and purchase of cannabis is not an arm's length
24transaction, or when cannabis is transferred by a craft grower
25to the craft grower's dispensing organization or infuser or

 

 

HB4097- 39 -LRB102 18741 CPF 27299 b

1processing organization and a value is not established for the
2cannabis. The value determined by the Department shall be
3commensurate with the actual price received for products of
4like quality, character, and use in the area. If there are no
5sales of cannabis of like quality, character, and use in the
6same area, then the Department shall establish a reasonable
7value based on sales of products of like quality, character,
8and use in other areas of the State, taking into consideration
9any other relevant factors.
10    (a-5) The tax imposed under this Article shall not be
11assessed against or collected from any craft grower awarded a
12craft grower license under this Act until 2 years after the
13date that the license is awarded to the craft grower.
14    (b) The Cannabis Cultivation Privilege Tax imposed under
15this Article is solely the responsibility of the cultivator
16who makes the first sale and is not the responsibility of a
17subsequent purchaser, a dispensing organization, or an
18infuser. Persons subject to the tax imposed under this Article
19may, however, reimburse themselves for their tax liability
20hereunder by separately stating reimbursement for their tax
21liability as an additional charge.
22    (c) The tax imposed under this Article shall be in
23addition to all other occupation, privilege, or excise taxes
24imposed by the State of Illinois or by any unit of local
25government.
26(Source: P.A. 101-27, eff. 6-25-19.)