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Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

PUBLIC HEALTH
(410 ILCS 705/) Cannabis Regulation and Tax Act.

410 ILCS 705/15-155

    (410 ILCS 705/15-155)
    Sec. 15-155. Unlicensed practice; violation; civil penalty.
    (a) In addition to any other penalty provided by law, any person who practices, offers to practice, attempts to practice, or holds oneself out to practice as a licensed dispensing organization owner, principal officer, agent-in-charge, or agent without being licensed under this Act shall, in addition to any other penalty provided by law, pay a civil penalty to the Department of Financial and Professional Regulation in an amount not to exceed $10,000 for each offense as determined by the Department. The civil penalty shall be assessed by the Department after a hearing is held in accordance with the provisions set forth in this Act regarding the provision of a hearing for the discipline of a licensee.
    (b) The Department has the authority and power to investigate any and all unlicensed activity.
    (c) The civil penalty shall be paid within 60 days after the effective date of the order imposing the civil penalty or in accordance with the order imposing the civil penalty. The order shall constitute a judgment and may be filed and execution had thereon in the same manner as any judgment from any court of this State.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)

410 ILCS 705/15-160

    (410 ILCS 705/15-160)
    Sec. 15-160. Notice; hearing.
    (a) The Department shall, before disciplining an applicant or licensee, at least 30 days before the date set for the hearing: (i) notify the accused in writing of the charges made and the time and place for the hearing on the charges; (ii) direct him or her to file a written answer to the charges under oath within 20 days after service; and (iii) inform the applicant or licensee that failure to answer will result in a default being entered against the applicant or licensee.
    (b) At the time and place fixed in the notice, the hearing officer appointed by the Secretary shall proceed to hear the charges, and the parties or their counsel shall be accorded ample opportunity to present any pertinent statements, testimony, evidence, and arguments. The hearing officer may continue the hearing from time to time. In case the person, after receiving the notice, fails to file an answer, his or her license may, in the discretion of the Secretary, having first received the recommendation of the hearing officer, be suspended, revoked, or placed on probationary status, or be subject to whatever disciplinary action the Secretary considers proper, including a fine, without hearing, if that act or acts charged constitute sufficient grounds for that action under this Act.
    (c) The written notice and any notice in the subsequent proceeding may be served by regular mail or email to the licensee's or applicant's address of record.
(Source: P.A. 101-27, eff. 6-25-19.)

410 ILCS 705/15-165

    (410 ILCS 705/15-165)
    Sec. 15-165. Subpoenas; oaths. The Department shall have the power to subpoena and bring before it any person and to take testimony either orally or by deposition, or both, with the same fees and mileage and in the same manner as prescribed by law in judicial proceedings in civil cases in courts in this State. The Secretary or the hearing officer shall each have the power to administer oaths to witnesses at any hearings that the Department is authorized to conduct.
(Source: P.A. 101-27, eff. 6-25-19.)

410 ILCS 705/15-170

    (410 ILCS 705/15-170)
    Sec. 15-170. Hearing; motion for rehearing.
    (a) The hearing officer shall hear evidence in support of the formal charges and evidence produced by the licensee. At the conclusion of the hearing, the hearing officer shall present to the Secretary a written report of his or her findings of fact, conclusions of law, and recommendations.
    (b) At the conclusion of the hearing, a copy of the hearing officer's report shall be served upon the applicant or licensee by the Department, either personally or as provided in this Act for the service of a notice of hearing. Within 20 calendar days after service, the applicant or licensee may present to the Department a motion in writing for rehearing, which shall specify the particular grounds for rehearing. The Department may respond to the motion for rehearing within 20 calendar days after its service on the Department. If no motion for rehearing is filed, then, upon the expiration of the time specified for filing such motion or upon denial of a motion for rehearing, the Secretary may enter an order in accordance with the recommendation of the hearing officer. If the applicant or licensee orders from the reporting service and pays for a transcript of the record within the time for filing a motion for rehearing, the 20-day period within which a motion may be filed shall commence upon the delivery of the transcript to the applicant or licensee.
    (c) If the Secretary disagrees in any regard with the report of the hearing officer, the Secretary may issue an order contrary to the report.
    (d) Whenever the Secretary is not satisfied that substantial justice has been done, the Secretary may order a rehearing by the same or another hearing officer.
    (e) At any point in any investigation or disciplinary proceeding under in this Article, both parties may agree to a negotiated consent order. The consent order shall be final upon signature of the Secretary.
(Source: P.A. 101-27, eff. 6-25-19.)

410 ILCS 705/15-175

    (410 ILCS 705/15-175)
    Sec. 15-175. Review under the Administrative Review Law.
    (a) All final administrative decisions of the Department hereunder shall be subject to judicial review under the provisions of the Administrative Review Law, and all amendment and modifications thereof. The term "administrative decision" is defined as in Section 3-101 of the Code of Civil Procedure.
    (b) Proceedings for judicial review shall be commenced in the circuit court of the county in which the party applying for review resides, but if the party is not a resident of Illinois, the venue shall be in Sangamon County.
    (c) The Department shall not be required to certify any record to the court, file any answer in court, or otherwise appear in any court in a judicial review proceeding, unless and until the Department has received from the plaintiff payment of the costs of furnishing and certifying the record, which costs shall be determined by the Department. Failure on the part of the plaintiff to file a receipt in court shall be grounds for dismissal of the action.
(Source: P.A. 101-27, eff. 6-25-19.)

410 ILCS 705/Art. 20

 
    (410 ILCS 705/Art. 20 heading)
Article 20.
Adult Use Cultivation Centers
(Source: P.A. 101-27, eff. 6-25-19.)

410 ILCS 705/20-1

    (410 ILCS 705/20-1)
    Sec. 20-1. Definition. In this Article, "Department" means the Department of Agriculture.
(Source: P.A. 101-27, eff. 6-25-19.)

410 ILCS 705/20-5

    (410 ILCS 705/20-5)
    Sec. 20-5. Issuance of licenses. On or after July 1, 2021, the Department of Agriculture by rule may:
        (1) Modify or change the number of cultivation center
    
licenses available, which shall at no time exceed 30 cultivation center licenses. In determining whether to exercise the authority granted by this subsection, the Department of Agriculture must consider the following factors:
            (A) The percentage of cannabis sales occurring in
        
Illinois not in the regulated market using data from the Substance Abuse and Mental Health Services Administration, National Survey on Drug Use and Health, Illinois Behavioral Risk Factor Surveillance System, and tourism data from the Illinois Office of Tourism to ascertain total cannabis consumption in Illinois compared to the amount of sales in licensed dispensing organizations;
            (B) Whether there is an adequate supply of
        
cannabis and cannabis-infused products to serve registered medical cannabis patients;
            (C) Whether there is an adequate supply of
        
cannabis and cannabis-infused products to serve purchasers;
            (D) Whether there is an oversupply of cannabis in
        
Illinois leading to trafficking of cannabis to any other state;
            (E) Population increases or shifts;
            (F) Changes to federal law;
            (G) Perceived security risks of increasing the
        
number or location of cultivation centers;
            (H) The past security records of cultivation
        
centers;
            (I) The Department of Agriculture's capacity to
        
appropriately regulate additional licensees;
            (J) The findings and recommendations from the
        
disparity and availability study commissioned by the Illinois Cannabis Regulation Oversight Officer referenced in subsection (e) of Section 5-45 to reduce or eliminate any identified barriers to entry in the cannabis industry; and
            (K) Any other criteria the Department of
        
Agriculture deems relevant.
        (2) Modify or change the licensing application
    
process to reduce or eliminate the barriers identified in the disparity and availability study commission by the Illinois Cannabis Regulation Oversight Officer and shall make modifications to remedy evidence of discrimination.
(Source: P.A. 101-27, eff. 6-25-19.)

410 ILCS 705/20-10

    (410 ILCS 705/20-10)
    Sec. 20-10. Early Approval of Adult Use Cultivation Center License.
    (a) Any medical cannabis cultivation center registered and in good standing under the Compassionate Use of Medical Cannabis Program Act as of the effective date of this Act may, within 60 days of the effective date of this Act but no later than 180 days from the effective date of this Act, apply to the Department of Agriculture for an Early Approval Adult Use Cultivation Center License to produce cannabis and cannabis-infused products at its existing facilities as of the effective date of this Act.
    (b) A medical cannabis cultivation center seeking issuance of an Early Approval Adult Use Cultivation Center License shall submit an application on forms provided by the Department of Agriculture. The application must meet or include the following qualifications:
        (1) Payment of a nonrefundable application fee of
    
$100,000 to be deposited into the Cannabis Regulation Fund;
        (2) Proof of registration as a medical cannabis
    
cultivation center that is in good standing;
        (3) Submission of the application by the same person
    
or entity that holds the medical cannabis cultivation center registration;
        (4) Certification that the applicant will comply with
    
the requirements of Section 20-30;
        (5) The legal name of the cultivation center;
        (6) The physical address of the cultivation center;
        (7) The name, address, social security number, and
    
date of birth of each principal officer and board member of the cultivation center; each of those individuals shall be at least 21 years of age;
        (8) A nonrefundable Cannabis Business Development Fee
    
equal to 5% of the cultivation center's total sales between June 1, 2018 to June 1, 2019 or $750,000, whichever is less, but at not less than $250,000, to be deposited into the Cannabis Business Development Fund; and
        (9) A commitment to completing one of the following
    
Social Equity Inclusion Plans provided for in this subsection (b) before the expiration of the Early Approval Adult Use Cultivation Center License:
            (A) A contribution of 5% of the cultivation
        
center's total sales from June 1, 2018 to June 1, 2019, or $100,000, whichever is less, to one of the following:
                (i) the Cannabis Business Development Fund.
            
This is in addition to the fee required by item (8) of this subsection (b);
                (ii) a cannabis industry training or
            
education program at an Illinois community college as defined in the Public Community College Act;
                (iii) a program that provides job training
            
services to persons recently incarcerated or that operates in a Disproportionately Impacted Area.
            (B) Participate as a host in a cannabis business
        
incubator program for at least one year approved by the Department of Commerce and Economic Opportunity, and in which an Early Approval Adult Use Cultivation Center License holder agrees to provide a loan of at least $100,000 and mentorship to incubate, for at least a year, a Social Equity Applicant intending to seek a license or a licensee that qualifies as a Social Equity Applicant. As used in this Section, "incubate" means providing direct financial assistance and training necessary to engage in licensed cannabis industry activity similar to that of the host licensee. The Early Approval Adult Use Cultivation Center License holder or the same entity holding any other licenses issued pursuant to this Act shall not take an ownership stake of greater than 10% in any business receiving incubation services to comply with this subsection. If an Early Approval Adult Use Cultivation Center License holder fails to find a business to incubate to comply with this subsection before its Early Approval Adult Use Cultivation Center License expires, it may opt to meet the requirement of this subsection by completing another item from this subsection prior to the expiration of its Early Approval Adult Use Cultivation Center License to avoid a penalty.
    (c) An Early Approval Adult Use Cultivation Center License is valid until March 31, 2021. A cultivation center that obtains an Early Approval Adult Use Cultivation Center License shall receive written or electronic notice 90 days before the expiration of the license that the license will expire, and inform the license holder that it may renew its Early Approval Adult Use Cultivation Center License. The Department of Agriculture shall grant a renewal of an Early Approval Adult Use Cultivation Center License within 60 days of submission of an application if:
        (1) the cultivation center submits an application
    
and the required renewal fee of $100,000 for an Early Approval Adult Use Cultivation Center License;
        (2) the Department of Agriculture has not suspended
    
the license of the cultivation center or suspended or revoked the license for violating this Act or rules adopted under this Act; and
        (3) the cultivation center has completed a Social
    
Equity Inclusion Plan as required by item (9) of subsection (b) of this Section.
    (c-5) The Early Approval Adult Use Cultivation Center License renewed pursuant to subsection (c) of this Section shall expire March 31, 2022. The Early Approval Adult Use Cultivation Center Licensee shall receive written or electronic notice 90 days before the expiration of the license that the license will expire, and inform the license holder that it may apply for an Adult Use Cultivation Center License. The Department of Agriculture shall grant an Adult Use Dispensing Organization License within 60 days of an application being deemed complete if the applicant meets all of the criteria in Section 20-21.
    (d) The license fee required by paragraph (1) of subsection (c) of this Section shall be in addition to any license fee required for the renewal of a registered medical cannabis cultivation center license that expires during the effective period of the Early Approval Adult Use Cultivation Center License.
    (e) Applicants must submit all required information, including the requirements in subsection (b) of this Section, to the Department of Agriculture. Failure by an applicant to submit all required information may result in the application being disqualified.
    (f) If the Department of Agriculture receives an application with missing information, the Department may issue a deficiency notice to the applicant. The applicant shall have 10 calendar days from the date of the deficiency notice to submit complete information. Applications that are still incomplete after this opportunity to cure may be disqualified.
    (g) If an applicant meets all the requirements of subsection (b) of this Section, the Department of Agriculture shall issue the Early Approval Adult Use Cultivation Center License within 14 days of receiving the application unless:
        (1) The licensee; principal officer, board member, or
    
person having a financial or voting interest of 5% or greater in the licensee; or agent is delinquent in filing any required tax returns or paying any amounts owed to the State of Illinois;
        (2) The Director of Agriculture determines there is
    
reason, based on an inordinate number of documented compliance violations, the licensee is not entitled to an Early Approval Adult Use Cultivation Center License; or
        (3) The licensee fails to commit to the Social Equity
    
Inclusion Plan.
    (h) A cultivation center may begin producing cannabis and cannabis-infused products once the Early Approval Adult Use Cultivation Center License is approved. A cultivation center that obtains an Early Approval Adult Use Cultivation Center License may begin selling cannabis and cannabis-infused products on December 1, 2019.
    (i) An Early Approval Adult Use Cultivation Center License holder must continue to produce and provide an adequate supply of cannabis and cannabis-infused products for purchase by qualifying patients and caregivers. For the purposes of this subsection, "adequate supply" means a monthly production level that is comparable in type and quantity to those medical cannabis products produced for patients and caregivers on an average monthly basis for the 6 months before the effective date of this Act.
    (j) If there is a shortage of cannabis or cannabis-infused products, a license holder shall prioritize patients registered under the Compassionate Use of Medical Cannabis Program Act over adult use purchasers.
    (k) If an Early Approval Adult Use Cultivation Center licensee fails to submit an application for an Adult Use Cultivation Center License before the expiration of the Early Approval Adult Use Cultivation Center License pursuant to subsection (c-5) of this Section, the cultivation center shall cease adult use cultivation until it receives an Adult Use Cultivation Center License.
    (l) A cultivation center agent who holds a valid cultivation center agent identification card issued under the Compassionate Use of Medical Cannabis Program Act and is an officer, director, manager, or employee of the cultivation center licensed under this Section may engage in all activities authorized by this Article to be performed by a cultivation center agent.
    (m) If the Department of Agriculture suspends or revokes the Early Approval Adult Use Cultivation Center License of a cultivation center that also holds a medical cannabis cultivation center license issued under the Compassionate Use of Medical Cannabis Program Act, the Department of Agriculture may suspend or revoke the medical cannabis cultivation center license concurrently with the Early Approval Adult Use Cultivation Center License.
    (n) All fees or fines collected from an Early Approval Adult Use Cultivation Center License holder as a result of a disciplinary action in the enforcement of this Act shall be deposited into the Cannabis Regulation Fund.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)

410 ILCS 705/20-15

    (410 ILCS 705/20-15)
    Sec. 20-15. Conditional Adult Use Cultivation Center application.
    (a) If the Department of Agriculture makes available additional cultivation center licenses pursuant to Section 20-5, applicants for a Conditional Adult Use Cultivation Center License shall electronically submit the following in such form as the Department of Agriculture may direct:
        (1) the nonrefundable application fee set by rule by
    
the Department of Agriculture, to be deposited into the Cannabis Regulation Fund;
        (2) the legal name of the cultivation center;
        (3) the proposed physical address of the cultivation
    
center;
        (4) the name, address, social security number, and
    
date of birth of each principal officer and board member of the cultivation center; each principal officer and board member shall be at least 21 years of age;
        (5) the details of any administrative or judicial
    
proceeding in which any of the principal officers or board members of the cultivation center (i) pled guilty, were convicted, were fined, or had a registration or license suspended or revoked, or (ii) managed or served on the board of a business or non-profit organization that pled guilty, was convicted, was fined, or had a registration or license suspended or revoked;
        (6) proposed operating bylaws that include procedures
    
for the oversight of the cultivation center, including the development and implementation of a plant monitoring system, accurate recordkeeping, staffing plan, and security plan approved by the Department of State Police that are in accordance with the rules issued by the Department of Agriculture under this Act. A physical inventory shall be performed of all plants and cannabis on a weekly basis by the cultivation center;
        (7) verification from the Department of State Police
    
that all background checks of the prospective principal officers, board members, and agents of the cannabis business establishment have been conducted;
        (8) a copy of the current local zoning ordinance or
    
permit and verification that the proposed cultivation center is in compliance with the local zoning rules and distance limitations established by the local jurisdiction;
        (9) proposed employment practices, in which the
    
applicant must demonstrate a plan of action to inform, hire, and educate minorities, women, veterans, and persons with disabilities, engage in fair labor practices, and provide worker protections;
        (10) whether an applicant can demonstrate experience
    
in or business practices that promote economic empowerment in Disproportionately Impacted Areas;
        (11) experience with the cultivation of agricultural
    
or horticultural products, operating an agriculturally related business, or operating a horticultural business;
        (12) a description of the enclosed, locked facility
    
where cannabis will be grown, harvested, manufactured, processed, packaged, or otherwise prepared for distribution to a dispensing organization;
        (13) a survey of the enclosed, locked facility,
    
including the space used for cultivation;
        (14) cultivation, processing, inventory, and
    
packaging plans;
        (15) a description of the applicant's experience with
    
agricultural cultivation techniques and industry standards;
        (16) a list of any academic degrees, certifications,
    
or relevant experience of all prospective principal officers, board members, and agents of the related business;
        (17) the identity of every person having a financial
    
or voting interest of 5% or greater in the cultivation center operation with respect to which the license is sought, whether a trust, corporation, partnership, limited liability company, or sole proprietorship, including the name and address of each person;
        (18) a plan describing how the cultivation center
    
will address each of the following:
            (i) energy needs, including estimates of monthly
        
electricity and gas usage, to what extent it will procure energy from a local utility or from on-site generation, and if it has or will adopt a sustainable energy use and energy conservation policy;
            (ii) water needs, including estimated water draw
        
and if it has or will adopt a sustainable water use and water conservation policy; and
            (iii) waste management, including if it has or
        
will adopt a waste reduction policy;
        (19) a diversity plan that includes a narrative of
    
not more than 2,500 words that establishes a goal of diversity in ownership, management, employment, and contracting to ensure that diverse participants and groups are afforded equality of opportunity;
        (20) any other information required by rule;
        (21) a recycling plan:
            (A) Purchaser packaging, including cartridges,
        
shall be accepted by the applicant and recycled.
            (B) Any recyclable waste generated by the
        
cannabis cultivation facility shall be recycled per applicable State and local laws, ordinances, and rules.
            (C) Any cannabis waste, liquid waste, or
        
hazardous waste shall be disposed of in accordance with 8 Ill. Adm. Code 1000.460, except, to the greatest extent feasible, all cannabis plant waste will be rendered unusable by grinding and incorporating the cannabis plant waste with compostable mixed waste to be disposed of in accordance with 8 Ill. Adm. Code 1000.460(g)(1);
        (22) commitment to comply with local waste
    
provisions: a cultivation facility must remain in compliance with applicable State and federal environmental requirements, including, but not limited to:
            (A) storing, securing, and managing all
        
recyclables and waste, including organic waste composed of or containing finished cannabis and cannabis products, in accordance with applicable State and local laws, ordinances, and rules; and
            (B) disposing liquid waste containing cannabis or
        
byproducts of cannabis processing in compliance with all applicable State and federal requirements, including, but not limited to, the cannabis cultivation facility's permits under Title X of the Environmental Protection Act; and
        (23) a commitment to a technology standard for
    
resource efficiency of the cultivation center facility.
            (A) A cannabis cultivation facility commits to
        
use resources efficiently, including energy and water. For the following, a cannabis cultivation facility commits to meet or exceed the technology standard identified in items (i), (ii), (iii), and (iv), which may be modified by rule:
                (i) lighting systems, including light bulbs;
                (ii) HVAC system;
                (iii) water application system to the crop;
            
and
                (iv) filtration system for removing
            
contaminants from wastewater.
            (B) Lighting. The Lighting Power Densities (LPD)
        
for cultivation space commits to not exceed an average of 36 watts per gross square foot of active and growing space canopy, or all installed lighting technology shall meet a photosynthetic photon efficacy (PPE) of no less than 2.2 micromoles per joule fixture and shall be featured on the DesignLights Consortium (DLC) Horticultural Specification Qualified Products List (QPL). In the event that DLC requirement for minimum efficacy exceeds 2.2 micromoles per joule fixture, that PPE shall become the new standard.
            (C) HVAC.
                (i) For cannabis grow operations with less
            
than 6,000 square feet of canopy, the licensee commits that all HVAC units will be high-efficiency ductless split HVAC units, or other more energy efficient equipment.
                (ii) For cannabis grow operations with 6,000
            
square feet of canopy or more, the licensee commits that all HVAC units will be variable refrigerant flow HVAC units, or other more energy efficient equipment.
            (D) Water application.
                (i) The cannabis cultivation facility commits
            
to use automated watering systems, including, but not limited to, drip irrigation and flood tables, to irrigate cannabis crop.
                (ii) The cannabis cultivation facility
            
commits to measure runoff from watering events and report this volume in its water usage plan, and that on average, watering events shall have no more than 20% of runoff of water.
            (E) Filtration. The cultivator commits that HVAC
        
condensate, dehumidification water, excess runoff, and other wastewater produced by the cannabis cultivation facility shall be captured and filtered to the best of the facility's ability to achieve the quality needed to be reused in subsequent watering rounds.
            (F) Reporting energy use and efficiency as
        
required by rule.
    (b) Applicants must submit all required information, including the information required in Section 20-10, to the Department of Agriculture. Failure by an applicant to submit all required information may result in the application being disqualified.
    (c) If the Department of Agriculture receives an application with missing information, the Department of Agriculture may issue a deficiency notice to the applicant. The applicant shall have 10 calendar days from the date of the deficiency notice to resubmit the incomplete information. Applications that are still incomplete after this opportunity to cure will not be scored and will be disqualified.
    (e) A cultivation center that is awarded a Conditional Adult Use Cultivation Center License pursuant to the criteria in Section 20-20 shall not grow, purchase, possess, or sell cannabis or cannabis-infused products until the person has received an Adult Use Cultivation Center License issued by the Department of Agriculture pursuant to Section 20-21 of this Act.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)

410 ILCS 705/20-20

    (410 ILCS 705/20-20)
    Sec. 20-20. Conditional Adult Use License scoring applications.
    (a) The Department of Agriculture shall by rule develop a system to score cultivation center applications to administratively rank applications based on the clarity, organization, and quality of the applicant's responses to required information. Applicants shall be awarded points based on the following categories:
        (1) Suitability of the proposed facility;
        (2) Suitability of employee training plan;
        (3) Security and recordkeeping;
        (4) Cultivation plan;
        (5) Product safety and labeling plan;
        (6) Business plan;
        (7) The applicant's status as a Social Equity
    
Applicant, which shall constitute no less than 20% of total available points;
        (8) Labor and employment practices, which shall
    
constitute no less than 2% of total available points;
        (9) Environmental plan as described in paragraphs
    
(18), (21), (22), and (23) of subsection (a) of Section 20-15;
        (10) The applicant is 51% or more owned and
    
controlled by an individual or individuals who have been an Illinois resident for the past 5 years as proved by tax records or 2 of the following:
            (A) a signed lease agreement that includes the
        
applicant's name;
            (B) a property deed that includes the applicant's
        
name;
            (C) school records;
            (D) a voter registration card;
            (E) an Illinois driver's license, an Illinois
        
Identification Card, or an Illinois Person with a Disability Identification Card;
            (F) a paycheck stub;
            (G) a utility bill; or
            (H) any other proof of residency or other
        
information necessary to establish residence as provided by rule;
        (11) The applicant is 51% or more controlled and
    
owned by an individual or individuals who meet the qualifications of a veteran as defined by Section 45-57 of the Illinois Procurement Code;
        (12) a diversity plan that includes a narrative of
    
not more than 2,500 words that establishes a goal of diversity in ownership, management, employment, and contracting to ensure that diverse participants and groups are afforded equality of opportunity; and
        (13) Any other criteria the Department of Agriculture
    
may set by rule for points.
    (b) The Department may also award bonus points for the applicant's plan to engage with the community. Bonus points will only be awarded if the Department receives applications that receive an equal score for a particular region.
    (c) Should the applicant be awarded a cultivation center license, the information and plans that an applicant provided in its application, including any plans submitted for the acquiring of bonus points, becomes a mandatory condition of the permit. Any variation from or failure to perform such plans may result in discipline, including the revocation or nonrenewal of a license.
    (d) Should the applicant be awarded a cultivation center license, it shall pay a fee of $100,000 prior to receiving the license, to be deposited into the Cannabis Regulation Fund. The Department of Agriculture may by rule adjust the fee in this Section after January 1, 2021.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)

410 ILCS 705/20-21

    (410 ILCS 705/20-21)
    Sec. 20-21. Adult Use Cultivation Center License.
    (a) A person or entity is only eligible to receive an Adult Use Cultivation Center License if the person or entity has first been awarded a Conditional Adult Use Cultivation Center License pursuant to this Act or the person or entity has renewed its Early Approval Cultivation Center License pursuant to subsection (c) of Section 20-10.
    (b) The Department of Agriculture shall not issue an Adult Use Cultivation Center License until:
        (1) the Department of Agriculture has inspected the
    
cultivation center site and proposed operations and verified that they are in compliance with this Act and local zoning laws;
        (2) the Conditional Adult Use Cultivation Center
    
License holder has paid a registration fee of $100,000 or a prorated amount accounting for the difference of time between when the Adult Use Cultivation Center License is issued and March 31 of the next even-numbered year; and
        (3) The Conditional Adult Use Cultivation Center
    
License holder has met all the requirements in the Act and rules.
(Source: P.A. 101-27, eff. 6-25-19.)

410 ILCS 705/20-25

    (410 ILCS 705/20-25)
    Sec. 20-25. Denial of application. An application for a cultivation center license must be denied if any of the following conditions are met:
        (1) the applicant failed to submit the materials
    
required by this Article;
        (2) the applicant would not be in compliance with
    
local zoning rules;
        (3) one or more of the prospective principal officers
    
or board members causes a violation of Section 20-30;
        (4) one or more of the principal officers or board
    
members is under 21 years of age;
        (5) the person has submitted an application for a
    
permit under this Act that contains false information; or
        (6) the licensee, principal officer, board member, or
    
person having a financial or voting interest of 5% or greater in the licensee, or the agent is delinquent in filing any required tax returns or paying any amounts owed to the State of Illinois.
(Source: P.A. 101-27, eff. 6-25-19.)