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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 705/55-50

    (410 ILCS 705/55-50)
    Sec. 55-50. Petition for rehearing. Within 20 days after the service of any order or decision of the Department of Public Health, the Department of Agriculture, the Department of Financial and Professional Regulation, or the Department of State Police upon any party to the proceeding, the party may apply for a rehearing in respect to any matters determined by them under this Act, except for decisions made under the Cannabis Cultivation Privilege Tax Law, the Cannabis Purchaser Excise Tax Law, the County Cannabis Retailers' Occupation Tax Law, and the Municipal Cannabis Retailers' Occupation Tax Law, which shall be governed by the provisions of those Laws. If a rehearing is granted, an agency shall hold the rehearing and render a decision within 30 days from the filing of the application for rehearing with the agency. The time for holding such rehearing and rendering a decision may be extended for a period not to exceed 30 days, for good cause shown, and by notice in writing to all parties of interest. If an agency fails to act on the application for rehearing within 30 days, or the date the time for rendering a decision was extended for good cause shown, the order or decision of the agency is final. No action for the judicial review of any order or decision of an agency shall be allowed unless the party commencing such action has first filed an application for a rehearing and the agency has acted or failed to act upon the application. Only one rehearing may be granted by an agency on application of any one party.
(Source: P.A. 101-27, eff. 6-25-19.)

410 ILCS 705/55-55

    (410 ILCS 705/55-55)
    Sec. 55-55. Review of administrative decisions. All final administrative decisions of the Department of Public Health, the Department of Agriculture, the Department of Financial and Professional Regulation, and the Department of State Police are subject to judicial review under the Administrative Review Law and the rules adopted under that Law. The term "administrative decision" is defined as in Section 3-101 of the Code of Civil Procedure.
(Source: P.A. 101-27, eff. 6-25-19.)

410 ILCS 705/55-60

    (410 ILCS 705/55-60)
    Sec. 55-60. Suspension or revocation of a license.
    (a) The Department of Financial and Professional Regulation or the Department of Agriculture may suspend or revoke a license for a violation of this Act or a rule adopted in accordance with this Act by the Department of Agriculture and the Department of Financial and Professional Regulation.
    (b) The Department of Agriculture and the Department of Financial and Professional Regulation may suspend or revoke an agent identification card for a violation of this Act or a rule adopted in accordance with this Act.
(Source: P.A. 101-27, eff. 6-25-19.)

410 ILCS 705/55-65

    (410 ILCS 705/55-65)
    Sec. 55-65. Financial institutions.
    (a) A financial institution that provides financial services customarily provided by financial institutions to a cannabis business establishment authorized under this Act or the Compassionate Use of Medical Cannabis Program Act, or to a person that is affiliated with such cannabis business establishment, is exempt from any criminal law of this State as it relates to cannabis-related conduct authorized under State law.
    (b) Upon request of a financial institution, a cannabis business establishment or proposed cannabis business establishment may provide to the financial institution the following information:
        (1) Whether a cannabis business establishment with
    
which the financial institution is doing or is considering doing business holds a license under this Act or the Compassionate Use of Medical Cannabis Program Act;
        (2) The name of any other business or individual
    
affiliate with the cannabis business establishment;
        (3) A copy of the application, and any supporting
    
documentation submitted with the application, for a license or a permit submitted on behalf of the proposed cannabis business establishment;
        (4) If applicable, data relating to sales and the
    
volume of product sold by the cannabis business establishment;
        (5) Any past or pending violation by the person of
    
this Act, the Compassionate Use of Medical Cannabis Program Act, or the rules adopted under these Acts where applicable; and
        (6) Any penalty imposed upon the person for violating
    
this Act, the Compassionate Use of Medical Cannabis Program Act, or the rules adopted under these Acts.
    (c) (Blank).
    (d) (Blank).
    (e) Information received by a financial institution under this Section is confidential. Except as otherwise required or permitted by this Act, State law or rule, or federal law or regulation, a financial institution may not make the information available to any person other than:
        (1) the customer to whom the information applies;
        (2) a trustee, conservator, guardian, personal
    
representative, or agent of the customer to whom the information applies; a federal or State regulator when requested in connection with an examination of the financial institution or if otherwise necessary for complying with federal or State law;
        (3) a federal or State regulator when requested in
    
connection with an examination of the financial institution or if otherwise necessary for complying with federal or State law; and
        (4) a third party performing services for the
    
financial institution, provided the third party is performing such services under a written agreement that expressly or by operation of law prohibits the third party's sharing and use of such confidential information for any purpose other than as provided in its agreement to provide services to the financial institution.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)

410 ILCS 705/55-75

    (410 ILCS 705/55-75)
    Sec. 55-75. Contracts enforceable. It is the public policy of this State that contracts related to the operation of a lawful cannabis business establishment under this Act are enforceable. It is the public policy of this State that no contract entered into by a lawful cannabis business establishment or its agents on behalf of a cannabis business establishment, or by those who allow property to be used by a cannabis business establishment, shall be unenforceable on the basis that cultivating, obtaining, manufacturing, processing, distributing, dispensing, transporting, selling, possessing, or using cannabis or hemp is prohibited by federal law.
(Source: P.A. 101-27, eff. 6-25-19.)

410 ILCS 705/55-80

    (410 ILCS 705/55-80)
    Sec. 55-80. Annual reports.
    (a) The Department of Financial and Professional Regulation shall submit to the General Assembly and Governor a report, by September 30 of each year, that does not disclose any information identifying information about cultivation centers, craft growers, infuser organizations, transporting organizations, or dispensing organizations, but does contain, at a minimum, all of the following information for the previous fiscal year:
        (1) The number of licenses issued to dispensing
    
organizations by county, or, in counties with greater than 3,000,000 residents, by zip code;
        (2) The total number of dispensing organization
    
owners that are Social Equity Applicants or minority persons, women, or persons with disabilities as those terms are defined in the Business Enterprise for Minorities, Women, and Persons with Disabilities Act;
        (3) The total number of revenues received from
    
dispensing organizations, segregated from revenues received from dispensing organizations under the Compassionate Use of Medical Cannabis Program Act by county, separated by source of revenue;
        (4) The total amount of revenue received from
    
dispensing organizations that share a premises or majority ownership with a craft grower;
        (5) The total amount of revenue received from
    
dispensing organizations that share a premises or majority ownership with an infuser; and
        (6) An analysis of revenue generated from taxation,
    
licensing, and other fees for the State, including recommendations to change the tax rate applied.
    (b) The Department of Agriculture shall submit to the General Assembly and Governor a report, by September 30 of each year, that does not disclose any information identifying information about cultivation centers, craft growers, infuser organizations, transporting organizations, or dispensing organizations, but does contain, at a minimum, all of the following information for the previous fiscal year:
        (1) The number of licenses issued to cultivation
    
centers, craft growers, infusers, and transporters by license type, and, in counties with more than 3,000,000 residents, by zip code;
        (2) The total number of cultivation centers, craft
    
growers, infusers, and transporters by license type that are Social Equity Applicants or minority persons, women, or persons with disabilities as those terms are defined in the Business Enterprise for Minorities, Women, and Persons with Disabilities Act;
        (3) The total amount of revenue received from
    
cultivation centers, craft growers, infusers, and transporters, separated by license types and source of revenue;
        (4) The total amount of revenue received from craft
    
growers and infusers that share a premises or majority ownership with a dispensing organization;
        (5) The total amount of revenue received from craft
    
growers that share a premises or majority ownership with an infuser, but do not share a premises or ownership with a dispensary;
        (6) The total amount of revenue received from
    
infusers that share a premises or majority ownership with a craft grower, but do not share a premises or ownership with a dispensary;
        (7) The total amount of revenue received from craft
    
growers that share a premises or majority ownership with a dispensing organization, but do not share a premises or ownership with an infuser;
        (8) The total amount of revenue received from
    
infusers that share a premises or majority ownership with a dispensing organization, but do not share a premises or ownership with a craft grower;
        (9) The total amount of revenue received from
    
transporters; and
        (10) An analysis of revenue generated from taxation,
    
licensing, and other fees for the State, including recommendations to change the tax rate applied.
    (c) The Department of State Police shall submit to the General Assembly and Governor a report, by September 30 of each year that contains, at a minimum, all of the following information for the previous fiscal year:
        (1) The effect of regulation and taxation of cannabis
    
on law enforcement resources;
        (2) The impact of regulation and taxation of cannabis
    
on highway and waterway safety and rates of impaired driving or operating, where impairment was determined based on failure of a field sobriety test;
        (3) The available and emerging methods for detecting
    
the metabolites for delta-9-tetrahydrocannabinol in bodily fluids, including, without limitation, blood and saliva;
        (4) The effectiveness of current DUI laws and
    
recommendations for improvements to policy to better ensure safe highways and fair laws.
    (d) The Adult Use Cannabis Health Advisory Committee shall submit to the General Assembly and Governor a report, by September 30 of each year, that does not disclose any identifying information about any individuals, but does contain, at a minimum:
        (1) Self-reported youth cannabis use, as published in
    
the most recent Illinois Youth Survey available;
        (2) Self-reported adult cannabis use, as published in
    
the most recent Behavioral Risk Factor Surveillance Survey available;
        (3) Hospital room admissions and hospital
    
utilization rates caused by cannabis consumption, including the presence or detection of other drugs;
        (4) Overdoses of cannabis and poison control
    
data, including the presence of other drugs that may have contributed;
        (5) Incidents of impaired driving caused by
    
the consumption of cannabis or cannabis products, including the presence of other drugs or alcohol that may have contributed to the impaired driving;
        (6) Prevalence of infants born testing
    
positive for cannabis or delta-9-tetrahydrocannabinol, including demographic and racial information on which infants are tested;
        (7) Public perceptions of use and risk of harm;
        (8) Revenue collected from cannabis taxation and how
    
that revenue was used;
        (9) Cannabis retail licenses granted and locations;
        (10) Cannabis-related arrests; and
        (11) The number of individuals completing required
    
bud tender training.
    (e) Each agency or committee submitting reports under this Section may consult with one another in the preparation of each report.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)

410 ILCS 705/55-85

    (410 ILCS 705/55-85)
    Sec. 55-85. Medical cannabis.
    (a) Nothing in this Act shall be construed to limit any privileges or rights of a medical cannabis patient including minor patients, primary caregiver, medical cannabis cultivation center, or medical cannabis dispensing organization under the Compassionate Use of Medical Cannabis Program Act, and where there is conflict between this Act and the Compassionate Use of Medical Cannabis Program Act as they relate to medical cannabis patients, the Compassionate Use of Medical Cannabis Program Act shall prevail.
    (b) Dispensary locations that obtain an Early Approval Adult Use Dispensary Organization License or an Adult Use Dispensary Organization License in accordance with this Act at the same location as a medical cannabis dispensing organization registered under the Compassionate Use of Medical Cannabis Program Act shall maintain an inventory of medical cannabis and medical cannabis products on a monthly basis that is substantially similar in variety and quantity to the products offered at the dispensary during the 6-month period immediately before the effective date of this Act.
    (c) Beginning June 30, 2020, the Department of Agriculture shall make a quarterly determination whether inventory requirements established for dispensaries in subsection (b) should be adjusted due to changing patient need.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)

410 ILCS 705/55-90

    (410 ILCS 705/55-90)
    Sec. 55-90. Home rule preemption. Except as otherwise provided in this Act, the regulation and licensing of the activities described in this Act are exclusive powers and functions of the State. Except as otherwise provided in this Act, a unit of local government, including a home rule unit, may not regulate or license the activities described in this Act. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 101-27, eff. 6-25-19.)

410 ILCS 705/55-95

    (410 ILCS 705/55-95)
    Sec. 55-95. Conflict of interest. A person is ineligible to apply for, hold, or own financial or voting interest, other than a passive interest in a publicly traded company, in any cannabis business license under this Act if, within a 2-year period from the effective date of this Act, the person or his or her spouse or immediate family member was a member of the General Assembly or a State employee at an agency that regulates cannabis business establishment license holders who participated personally and substantially in the award of licenses under this Act. A person who violates this Section shall be guilty under subsection (b) of Section 50-5 of the State Officials and Employees Ethics Act.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)

410 ILCS 705/Art. 60

 
    (410 ILCS 705/Art. 60 heading)
Article 60.
Cannabis Cultivation Privilege Tax
(Source: P.A. 101-27, eff. 6-25-19.)

410 ILCS 705/60-1

    (410 ILCS 705/60-1)
    Sec. 60-1. Short title. This Article may be referred to as the Cannabis Cultivation Privilege Tax Law.
(Source: P.A. 101-27, eff. 6-25-19.)