Bill Text: IL HB4195 | 2021-2022 | 102nd General Assembly | Introduced
Bill Title: Amends the Cannabis Regulation and Tax Act. Provides that premises may be shared between up to 3 craft growers, an infuser organization, a cultivation center, a dispensing organization, or any combination thereof, provided that specified requirements are met. Effective immediately.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-02-18 - Rule 19(a) / Re-referred to Rules Committee [HB4195 Detail]
Download: Illinois-2021-HB4195-Introduced.html
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1 | AN ACT concerning health.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Cannabis Regulation and Tax Act is amended | |||||||||||||||||||||||||
5 | by changing Sections 1-10, 15-100, 30-30, and 35-25 as | |||||||||||||||||||||||||
6 | follows:
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7 | (410 ILCS 705/1-10)
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8 | Sec. 1-10. Definitions. In this Act: | |||||||||||||||||||||||||
9 | "Adult Use Cultivation Center License" means a license | |||||||||||||||||||||||||
10 | issued by the Department of Agriculture that permits a person | |||||||||||||||||||||||||
11 | to act as a cultivation center under this Act and any | |||||||||||||||||||||||||
12 | administrative rule made in furtherance of this Act. | |||||||||||||||||||||||||
13 | "Adult Use Dispensing Organization License" means a | |||||||||||||||||||||||||
14 | license issued by the Department of Financial and Professional | |||||||||||||||||||||||||
15 | Regulation that permits a person to act as a dispensing | |||||||||||||||||||||||||
16 | organization under this Act and any administrative rule made | |||||||||||||||||||||||||
17 | in furtherance of this Act. | |||||||||||||||||||||||||
18 | "Advertise" means to engage in promotional activities | |||||||||||||||||||||||||
19 | including, but not limited to: newspaper, radio, Internet and | |||||||||||||||||||||||||
20 | electronic media, and television advertising; the distribution | |||||||||||||||||||||||||
21 | of fliers and circulars; billboard advertising; and the | |||||||||||||||||||||||||
22 | display of window and interior signs. "Advertise" does not | |||||||||||||||||||||||||
23 | mean exterior signage displaying only the name of the licensed |
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1 | cannabis business establishment. | ||||||
2 | "BLS Region" means a region in Illinois used by the United | ||||||
3 | States Bureau of Labor Statistics to gather and categorize | ||||||
4 | certain employment and wage data. The 17 such regions in | ||||||
5 | Illinois are: Bloomington, Cape Girardeau, Carbondale-Marion, | ||||||
6 | Champaign-Urbana, Chicago-Naperville-Elgin, Danville, | ||||||
7 | Davenport-Moline-Rock Island, Decatur, Kankakee, Peoria, | ||||||
8 | Rockford, St. Louis, Springfield, Northwest Illinois | ||||||
9 | nonmetropolitan area, West Central Illinois nonmetropolitan | ||||||
10 | area, East Central Illinois nonmetropolitan area, and South | ||||||
11 | Illinois nonmetropolitan area. | ||||||
12 | "Cannabis" means marijuana, hashish, and other substances | ||||||
13 | that are identified as including any parts of the plant | ||||||
14 | Cannabis sativa and including derivatives or subspecies, such | ||||||
15 | as indica, of all strains of cannabis, whether growing or not; | ||||||
16 | the seeds thereof, the resin extracted from any part of the | ||||||
17 | plant; and any compound, manufacture, salt, derivative, | ||||||
18 | mixture, or preparation of the plant, its seeds, or resin, | ||||||
19 | including tetrahydrocannabinol (THC) and all other naturally | ||||||
20 | produced cannabinol derivatives, whether produced directly or | ||||||
21 | indirectly by extraction; however, "cannabis" does not include | ||||||
22 | the mature stalks of the plant, fiber produced from the | ||||||
23 | stalks, oil or cake made from the seeds of the plant, any other | ||||||
24 | compound, manufacture, salt, derivative, mixture, or | ||||||
25 | preparation of the mature stalks (except the resin extracted | ||||||
26 | from it), fiber, oil or cake, or the sterilized seed of the |
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1 | plant that is incapable of germination. "Cannabis" does not | ||||||
2 | include industrial hemp as defined and authorized under the | ||||||
3 | Industrial Hemp Act. "Cannabis" also means cannabis flower, | ||||||
4 | concentrate, and cannabis-infused products. | ||||||
5 | "Cannabis business establishment" means a cultivation | ||||||
6 | center, craft grower, processing organization, infuser | ||||||
7 | organization, dispensing organization, or transporting | ||||||
8 | organization. | ||||||
9 | "Cannabis concentrate" means a product derived from | ||||||
10 | cannabis that is produced by extracting cannabinoids, | ||||||
11 | including tetrahydrocannabinol (THC), from the plant through | ||||||
12 | the use of propylene glycol, glycerin, butter, olive oil or | ||||||
13 | other typical cooking fats; water, ice, or dry ice; or butane, | ||||||
14 | propane, CO 2 , ethanol, or isopropanol and with the intended | ||||||
15 | use of smoking or making a cannabis-infused product. The use | ||||||
16 | of any other solvent is expressly prohibited unless and until | ||||||
17 | it is approved by the Department of Agriculture. | ||||||
18 | "Cannabis container" means a sealed, traceable, container, | ||||||
19 | or package used for the purpose of containment of cannabis or | ||||||
20 | cannabis-infused product during transportation. | ||||||
21 | "Cannabis flower" means marijuana, hashish, and other | ||||||
22 | substances that are identified as including any parts of the | ||||||
23 | plant Cannabis sativa and including derivatives or subspecies, | ||||||
24 | such as indica, of all strains of cannabis; including raw | ||||||
25 | kief, leaves, and buds, but not resin that has been extracted | ||||||
26 | from any part of such plant; nor any compound, manufacture, |
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1 | salt, derivative, mixture, or preparation of such plant, its | ||||||
2 | seeds, or resin. | ||||||
3 | "Cannabis-infused product" means a beverage, food, oil, | ||||||
4 | ointment, tincture, topical formulation, or another product | ||||||
5 | containing cannabis or cannabis concentrate that is not | ||||||
6 | intended to be smoked. | ||||||
7 | "Cannabis paraphernalia" means equipment, products, or | ||||||
8 | materials intended to be used for planting, propagating, | ||||||
9 | cultivating, growing, harvesting, manufacturing, producing, | ||||||
10 | processing, preparing, testing, analyzing, packaging, | ||||||
11 | repackaging, storing, containing, concealing, ingesting, or | ||||||
12 | otherwise introducing cannabis into the human body. | ||||||
13 | "Cannabis plant monitoring system" or "plant monitoring | ||||||
14 | system" means a system that includes, but is not limited to, | ||||||
15 | testing and data collection established and maintained by the | ||||||
16 | cultivation center, craft grower, or processing organization | ||||||
17 | and that is available to the Department of Revenue, the | ||||||
18 | Department of Agriculture, the Department of Financial and | ||||||
19 | Professional Regulation, and the Department of State Police | ||||||
20 | for the purposes of documenting each cannabis plant and | ||||||
21 | monitoring plant development throughout the life cycle of a | ||||||
22 | cannabis plant cultivated for the intended use by a customer | ||||||
23 | from seed planting to final packaging. | ||||||
24 | "Cannabis testing facility" means an entity registered by | ||||||
25 | the Department of Agriculture to test cannabis for potency and | ||||||
26 | contaminants. |
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1 | "Clone" means a plant section from a female cannabis plant | ||||||
2 | not yet rootbound, growing in a water solution or other | ||||||
3 | propagation matrix, that is capable of developing into a new | ||||||
4 | plant. | ||||||
5 | "Community College Cannabis Vocational Training Pilot | ||||||
6 | Program faculty participant" means a person who is 21 years of | ||||||
7 | age or older, licensed by the Department of Agriculture, and | ||||||
8 | is employed or contracted by an Illinois community college to | ||||||
9 | provide student instruction using cannabis plants at an | ||||||
10 | Illinois Community College. | ||||||
11 | "Community College Cannabis Vocational Training Pilot | ||||||
12 | Program faculty participant Agent Identification Card" means a | ||||||
13 | document issued by the Department of Agriculture that | ||||||
14 | identifies a person as Community College Cannabis Vocational | ||||||
15 | Training Pilot Program faculty participant. | ||||||
16 | "Conditional Adult Use Dispensing Organization License" | ||||||
17 | means a license awarded to top-scoring applicants for an Adult | ||||||
18 | Use Dispensing Organization License that reserves the right to | ||||||
19 | an Adult Use Dispensing Organization License if the applicant | ||||||
20 | meets certain conditions described in this Act, but does not | ||||||
21 | entitle the recipient to begin purchasing or selling cannabis | ||||||
22 | or cannabis-infused products. | ||||||
23 | "Conditional Adult Use Cultivation Center License" means a | ||||||
24 | license awarded to top-scoring applicants for an Adult Use | ||||||
25 | Cultivation Center License that reserves the right to an Adult | ||||||
26 | Use Cultivation Center License if the applicant meets certain |
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1 | conditions as determined by the Department of Agriculture by | ||||||
2 | rule, but does not entitle the recipient to begin growing, | ||||||
3 | processing, or selling cannabis or cannabis-infused products. | ||||||
4 | "Craft grower" means a facility operated by an | ||||||
5 | organization or business that is licensed by the Department of | ||||||
6 | Agriculture to cultivate, dry, cure, and package cannabis and | ||||||
7 | perform other necessary activities to make cannabis available | ||||||
8 | for sale at a dispensing organization or use at a processing | ||||||
9 | organization. A craft grower may contain up to 5,000 square | ||||||
10 | feet of canopy space on its premises for plants in the | ||||||
11 | flowering state. The Department of Agriculture may authorize | ||||||
12 | an increase or decrease of flowering stage cultivation space | ||||||
13 | in increments of 3,000 square feet by rule based on market | ||||||
14 | need, craft grower capacity, and the licensee's history of | ||||||
15 | compliance or noncompliance, with a maximum space of 14,000 | ||||||
16 | square feet for cultivating plants in the flowering stage, | ||||||
17 | which must be cultivated in all stages of growth in an enclosed | ||||||
18 | and secure area. A craft grower may share premises with up to 2 | ||||||
19 | other craft growers, an infuser organization, a cultivation | ||||||
20 | center, a dispensing organization, or any combination thereof | ||||||
21 | a processing organization or a dispensing organization, or | ||||||
22 | both , provided each licensee stores currency and cannabis or | ||||||
23 | cannabis-infused products in a separate secured vault to which | ||||||
24 | the other licensee does not have access or all licensees | ||||||
25 | sharing a vault share more than 50% of the same ownership. | ||||||
26 | "Craft grower agent" means a principal officer, board |
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1 | member, employee, or other agent of a craft grower who is 21 | ||||||
2 | years of age or older. | ||||||
3 | "Craft Grower Agent Identification Card" means a document | ||||||
4 | issued by the Department of Agriculture that identifies a | ||||||
5 | person as a craft grower agent. | ||||||
6 | "Cultivation center" means a facility operated by an | ||||||
7 | organization or business that is licensed by the Department of | ||||||
8 | Agriculture to cultivate, process, transport (unless otherwise | ||||||
9 | limited by this Act), and perform other necessary activities | ||||||
10 | to provide cannabis and cannabis-infused products to cannabis | ||||||
11 | business establishments. | ||||||
12 | "Cultivation center agent" means a principal officer, | ||||||
13 | board member, employee, or other agent of a cultivation center | ||||||
14 | who is 21 years of age or older. | ||||||
15 | "Cultivation Center Agent Identification Card" means a | ||||||
16 | document issued by the Department of Agriculture that | ||||||
17 | identifies a person as a cultivation center agent. | ||||||
18 | "Currency" means currency and coin of the United States. | ||||||
19 | "Dispensary" means a facility operated by a dispensing | ||||||
20 | organization at which activities licensed by this Act may | ||||||
21 | occur. | ||||||
22 | "Dispensing organization" means a facility operated by an | ||||||
23 | organization or business that is licensed by the Department of | ||||||
24 | Financial and Professional Regulation to acquire cannabis from | ||||||
25 | a cultivation center, craft grower, processing organization, | ||||||
26 | or another dispensary for the purpose of selling or dispensing |
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1 | cannabis, cannabis-infused products, cannabis seeds, | ||||||
2 | paraphernalia, or related supplies under this Act to | ||||||
3 | purchasers or to qualified registered medical cannabis | ||||||
4 | patients and caregivers. As used in this Act, "dispensing | ||||||
5 | organization" includes a registered medical cannabis | ||||||
6 | organization as defined in the Compassionate Use of Medical | ||||||
7 | Cannabis Program Act or its successor Act that has obtained an | ||||||
8 | Early Approval Adult Use Dispensing Organization License. | ||||||
9 | "Dispensing organization agent" means a principal officer, | ||||||
10 | employee, or agent of a dispensing organization who is 21 | ||||||
11 | years of age or older. | ||||||
12 | "Dispensing organization agent identification card" means | ||||||
13 | a document issued by the Department of Financial and | ||||||
14 | Professional Regulation that identifies a person as a | ||||||
15 | dispensing organization agent. | ||||||
16 | "Disproportionately Impacted Area" means a census tract or | ||||||
17 | comparable geographic area that satisfies the following | ||||||
18 | criteria as determined by the Department of Commerce and | ||||||
19 | Economic Opportunity, that: | ||||||
20 | (1) meets at least one of the following criteria: | ||||||
21 | (A) the area has a poverty rate of at least 20% | ||||||
22 | according to the latest federal decennial census; or | ||||||
23 | (B) 75% or more of the children in the area | ||||||
24 | participate in the federal free lunch program | ||||||
25 | according to reported statistics from the State Board | ||||||
26 | of Education; or |
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1 | (C) at least 20% of the households in the area | ||||||
2 | receive assistance under the Supplemental Nutrition | ||||||
3 | Assistance Program; or | ||||||
4 | (D) the area has an average unemployment rate, as | ||||||
5 | determined by the Illinois Department of Employment | ||||||
6 | Security, that is more than 120% of the national | ||||||
7 | unemployment average, as determined by the United | ||||||
8 | States Department of Labor, for a period of at least 2 | ||||||
9 | consecutive calendar years preceding the date of the | ||||||
10 | application; and | ||||||
11 | (2) has high rates of arrest, conviction, and | ||||||
12 | incarceration related to the sale, possession, use, | ||||||
13 | cultivation, manufacture, or transport of cannabis. | ||||||
14 | "Early Approval Adult Use Cultivation Center License" | ||||||
15 | means a license that permits a medical cannabis cultivation | ||||||
16 | center licensed under the Compassionate Use of Medical | ||||||
17 | Cannabis Program Act as of the effective date of this Act to | ||||||
18 | begin cultivating, infusing, packaging, transporting (unless | ||||||
19 | otherwise provided in this Act), processing and selling | ||||||
20 | cannabis or cannabis-infused product to cannabis business | ||||||
21 | establishments for resale to purchasers as permitted by this | ||||||
22 | Act as of January 1, 2020. | ||||||
23 | "Early Approval Adult Use Dispensing Organization License" | ||||||
24 | means a license that permits a medical cannabis dispensing | ||||||
25 | organization licensed under the Compassionate Use of Medical | ||||||
26 | Cannabis Program Act as of the effective date of this Act to |
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1 | begin selling cannabis or cannabis-infused product to | ||||||
2 | purchasers as permitted by this Act as of January 1, 2020. | ||||||
3 | "Early Approval Adult Use Dispensing Organization at a | ||||||
4 | secondary site" means a license that permits a medical | ||||||
5 | cannabis dispensing organization licensed under the | ||||||
6 | Compassionate Use of Medical Cannabis Program Act as of the | ||||||
7 | effective date of this Act to begin selling cannabis or | ||||||
8 | cannabis-infused product to purchasers as permitted by this | ||||||
9 | Act on January 1, 2020 at a different dispensary location from | ||||||
10 | its existing registered medical dispensary location. | ||||||
11 | "Enclosed, locked facility" means a room, greenhouse, | ||||||
12 | building, or other enclosed area equipped with locks or other | ||||||
13 | security devices that permit access only by cannabis business | ||||||
14 | establishment agents working for the licensed cannabis | ||||||
15 | business establishment or acting pursuant to this Act to | ||||||
16 | cultivate, process, store, or distribute cannabis. | ||||||
17 | "Enclosed, locked space" means a closet, room, greenhouse, | ||||||
18 | building or other enclosed area equipped with locks or other | ||||||
19 | security devices that permit access only by authorized | ||||||
20 | individuals under this Act. "Enclosed, locked space" may | ||||||
21 | include: | ||||||
22 | (1) a space within a residential building that (i) is | ||||||
23 | the primary residence of the individual cultivating 5 or | ||||||
24 | fewer cannabis plants that are more than 5 inches tall and | ||||||
25 | (ii) includes sleeping quarters and indoor plumbing. The | ||||||
26 | space must only be accessible by a key or code that is |
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1 | different from any key or code that can be used to access | ||||||
2 | the residential building from the exterior; or | ||||||
3 | (2) a structure, such as a shed or greenhouse, that | ||||||
4 | lies on the same plot of land as a residential building | ||||||
5 | that (i) includes sleeping quarters and indoor plumbing | ||||||
6 | and (ii) is used as a primary residence by the person | ||||||
7 | cultivating 5 or fewer cannabis plants that are more than | ||||||
8 | 5 inches tall, such as a shed or greenhouse. The structure | ||||||
9 | must remain locked when it is unoccupied by people. | ||||||
10 | "Financial institution" has the same meaning as "financial | ||||||
11 | organization" as defined in Section 1501 of the Illinois | ||||||
12 | Income Tax Act, and also includes the holding companies, | ||||||
13 | subsidiaries, and affiliates of such financial organizations. | ||||||
14 | "Flowering stage" means the stage of cultivation where and | ||||||
15 | when a cannabis plant is cultivated to produce plant material | ||||||
16 | for cannabis products. This includes mature plants as follows: | ||||||
17 | (1) if greater than 2 stigmas are visible at each | ||||||
18 | internode of the plant; or | ||||||
19 | (2) if the cannabis plant is in an area that has been | ||||||
20 | intentionally deprived of light for a period of time | ||||||
21 | intended to produce flower buds and induce maturation, | ||||||
22 | from the moment the light deprivation began through the | ||||||
23 | remainder of the marijuana plant growth cycle. | ||||||
24 | "Individual" means a natural person. | ||||||
25 | "Infuser organization" or "infuser" means a facility | ||||||
26 | operated by an organization or business that is licensed by |
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1 | the Department of Agriculture to directly incorporate cannabis | ||||||
2 | or cannabis concentrate into a product formulation to produce | ||||||
3 | a cannabis-infused product. | ||||||
4 | "Kief" means the resinous crystal-like trichomes that are | ||||||
5 | found on cannabis and that are accumulated, resulting in a | ||||||
6 | higher concentration of cannabinoids, untreated by heat or | ||||||
7 | pressure, or extracted using a solvent. | ||||||
8 | "Labor peace agreement" means an agreement between a | ||||||
9 | cannabis business establishment and any labor organization | ||||||
10 | recognized under the National Labor Relations Act, referred to | ||||||
11 | in this Act as a bona fide labor organization, that prohibits | ||||||
12 | labor organizations and members from engaging in picketing, | ||||||
13 | work stoppages, boycotts, and any other economic interference | ||||||
14 | with the cannabis business establishment. This agreement means | ||||||
15 | that the cannabis business establishment has agreed not to | ||||||
16 | disrupt efforts by the bona fide labor organization to | ||||||
17 | communicate with, and attempt to organize and represent, the | ||||||
18 | cannabis business establishment's employees. The agreement | ||||||
19 | shall provide a bona fide labor organization access at | ||||||
20 | reasonable times to areas in which the cannabis business | ||||||
21 | establishment's employees work, for the purpose of meeting | ||||||
22 | with employees to discuss their right to representation, | ||||||
23 | employment rights under State law, and terms and conditions of | ||||||
24 | employment. This type of agreement shall not mandate a | ||||||
25 | particular method of election or certification of the bona | ||||||
26 | fide labor organization. |
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1 | "Limited access area" means a room or other area under the | ||||||
2 | control of a cannabis dispensing organization licensed under | ||||||
3 | this Act and upon the licensed premises where cannabis sales | ||||||
4 | occur with access limited to purchasers, dispensing | ||||||
5 | organization owners and other dispensing organization agents, | ||||||
6 | or service professionals conducting business with the | ||||||
7 | dispensing organization, or, if sales to registered qualifying | ||||||
8 | patients, caregivers, provisional patients, and Opioid | ||||||
9 | Alternative Pilot Program participants licensed pursuant to | ||||||
10 | the Compassionate Use of Medical Cannabis Program Act are also | ||||||
11 | permitted at the dispensary, registered qualifying patients, | ||||||
12 | caregivers, provisional patients, and Opioid Alternative Pilot | ||||||
13 | Program participants. | ||||||
14 | "Member of an impacted family" means an individual who has | ||||||
15 | a parent, legal guardian, child, spouse, or dependent, or was | ||||||
16 | a dependent of an individual who, prior to the effective date | ||||||
17 | of this Act, was arrested for, convicted of, or adjudicated | ||||||
18 | delinquent for any offense that is eligible for expungement | ||||||
19 | under this Act. | ||||||
20 | "Mother plant" means a cannabis plant that is cultivated | ||||||
21 | or maintained for the purpose of generating clones, and that | ||||||
22 | will not be used to produce plant material for sale to an | ||||||
23 | infuser or dispensing organization. | ||||||
24 | "Ordinary public view" means within the sight line with | ||||||
25 | normal visual range of a person, unassisted by visual aids, | ||||||
26 | from a public street or sidewalk adjacent to real property, or |
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1 | from within an adjacent property. | ||||||
2 | "Ownership and control" means ownership of at least 51% of | ||||||
3 | the business, including corporate stock if a corporation, and | ||||||
4 | control over the management and day-to-day operations of the | ||||||
5 | business and an interest in the capital, assets, and profits | ||||||
6 | and losses of the business proportionate to percentage of | ||||||
7 | ownership. | ||||||
8 | "Person" means a natural individual, firm, partnership, | ||||||
9 | association, joint stock company, joint venture, public or | ||||||
10 | private corporation, limited liability company, or a receiver, | ||||||
11 | executor, trustee, guardian, or other representative appointed | ||||||
12 | by order of any court. | ||||||
13 | "Possession limit" means the amount of cannabis under | ||||||
14 | Section 10-10 that may be possessed at any one time by a person | ||||||
15 | 21 years of age or older or who is a registered qualifying | ||||||
16 | medical cannabis patient or caregiver under the Compassionate | ||||||
17 | Use of Medical Cannabis Program Act. | ||||||
18 | "Principal officer" includes a cannabis business | ||||||
19 | establishment applicant or licensed cannabis business | ||||||
20 | establishment's board member, owner with more than 1% interest | ||||||
21 | of the total cannabis business establishment or more than 5% | ||||||
22 | interest of the total cannabis business establishment of a | ||||||
23 | publicly traded company, president, vice president, secretary, | ||||||
24 | treasurer, partner, officer, member, manager member, or person | ||||||
25 | with a profit sharing, financial interest, or revenue sharing | ||||||
26 | arrangement. The definition includes a person with authority |
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1 | to control the cannabis business establishment, a person who | ||||||
2 | assumes responsibility for the debts of the cannabis business | ||||||
3 | establishment and who is further defined in this Act. | ||||||
4 | "Primary residence" means a dwelling where a person | ||||||
5 | usually stays or stays more often than other locations. It may | ||||||
6 | be determined by, without limitation, presence, tax filings; | ||||||
7 | address on an Illinois driver's license, an Illinois | ||||||
8 | Identification Card, or an Illinois Person with a Disability | ||||||
9 | Identification Card; or voter registration. No person may have | ||||||
10 | more than one primary residence. | ||||||
11 | "Processing organization" or "processor" means a facility | ||||||
12 | operated by an organization or business that is licensed by | ||||||
13 | the Department of Agriculture to either extract constituent | ||||||
14 | chemicals or compounds to produce cannabis concentrate or | ||||||
15 | incorporate cannabis or cannabis concentrate into a product | ||||||
16 | formulation to produce a cannabis product. | ||||||
17 | "Processing organization agent" means a principal officer, | ||||||
18 | board member, employee, or agent of a processing organization. | ||||||
19 | "Processing organization agent identification card" means | ||||||
20 | a document issued by the Department of Agriculture that | ||||||
21 | identifies a person as a processing organization agent. | ||||||
22 | "Purchaser" means a person 21 years of age or older who | ||||||
23 | acquires cannabis for a valuable consideration. "Purchaser" | ||||||
24 | does not include a cardholder under the Compassionate Use of | ||||||
25 | Medical Cannabis Program Act. | ||||||
26 | "Qualified Social Equity Applicant" means a Social Equity |
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1 | Applicant who has been awarded a conditional license under | ||||||
2 | this Act to operate a cannabis business establishment. | ||||||
3 | "Resided" means an individual's primary residence was | ||||||
4 | located within the relevant geographic area as established by | ||||||
5 | 2 of the following: | ||||||
6 | (1) a signed lease agreement that includes the | ||||||
7 | applicant's name; | ||||||
8 | (2) a property deed that includes the applicant's | ||||||
9 | name; | ||||||
10 | (3) school records; | ||||||
11 | (4) a voter registration card; | ||||||
12 | (5) an Illinois driver's license, an Illinois | ||||||
13 | Identification Card, or an Illinois Person with a | ||||||
14 | Disability Identification Card; | ||||||
15 | (6) a paycheck stub; | ||||||
16 | (7) a utility bill; | ||||||
17 | (8) tax records; or | ||||||
18 | (9) any other proof of residency or other information | ||||||
19 | necessary to establish residence as provided by rule. | ||||||
20 | "Smoking" means the inhalation of smoke caused by the | ||||||
21 | combustion of cannabis. | ||||||
22 | "Social Equity Applicant" means an applicant that is an | ||||||
23 | Illinois resident that meets one of the following criteria: | ||||||
24 | (1) an applicant with at least 51% ownership and | ||||||
25 | control by one or more individuals who have resided for at | ||||||
26 | least 5 of the preceding 10 years in a Disproportionately |
| |||||||
| |||||||
1 | Impacted Area; | ||||||
2 | (2) an applicant with at least 51% ownership and | ||||||
3 | control by one or more individuals who:
| ||||||
4 | (i) have been arrested for, convicted of, or | ||||||
5 | adjudicated delinquent for any offense that is | ||||||
6 | eligible for expungement under this Act; or
| ||||||
7 | (ii) is a member of an impacted family; | ||||||
8 | (3) for applicants with a minimum of 10 full-time | ||||||
9 | employees, an applicant with at least 51% of current | ||||||
10 | employees who: | ||||||
11 | (i) currently reside in a Disproportionately | ||||||
12 | Impacted Area; or | ||||||
13 | (ii) have been arrested for, convicted of, or | ||||||
14 | adjudicated delinquent for any offense that is | ||||||
15 | eligible for expungement under this Act or member of | ||||||
16 | an impacted family. | ||||||
17 | Nothing in this Act shall be construed to preempt or limit | ||||||
18 | the duties of any employer under the Job Opportunities for | ||||||
19 | Qualified Applicants Act. Nothing in this Act shall permit an | ||||||
20 | employer to require an employee to disclose sealed or expunged | ||||||
21 | offenses, unless otherwise required by law. | ||||||
22 | "Tincture" means a cannabis-infused solution, typically | ||||||
23 | comprised of alcohol, glycerin, or vegetable oils, derived | ||||||
24 | either directly from the cannabis plant or from a processed | ||||||
25 | cannabis extract. A tincture is not an alcoholic liquor as | ||||||
26 | defined in the Liquor Control Act of 1934. A tincture shall |
| |||||||
| |||||||
1 | include a calibrated dropper or other similar device capable | ||||||
2 | of accurately measuring servings. | ||||||
3 | "Transporting organization" or "transporter" means an | ||||||
4 | organization or business that is licensed by the Department of | ||||||
5 | Agriculture to transport cannabis or cannabis-infused product | ||||||
6 | on behalf of a cannabis business establishment or a community | ||||||
7 | college licensed under the Community
College Cannabis | ||||||
8 | Vocational Training Pilot Program.
| ||||||
9 | "Transporting organization agent" means a principal | ||||||
10 | officer, board member, employee, or agent of a transporting | ||||||
11 | organization. | ||||||
12 | "Transporting organization agent identification card" | ||||||
13 | means a document issued by the Department of Agriculture that | ||||||
14 | identifies a person as a transporting organization agent. | ||||||
15 | "Unit of local government" means any county, city, | ||||||
16 | village, or incorporated town. | ||||||
17 | "Vegetative stage" means the stage of cultivation in which | ||||||
18 | a cannabis plant is propagated to produce additional cannabis | ||||||
19 | plants or reach a sufficient size for production. This | ||||||
20 | includes seedlings, clones, mothers, and other immature | ||||||
21 | cannabis plants as follows: | ||||||
22 | (1) if the cannabis plant is in an area that has not | ||||||
23 | been intentionally deprived of light for a period of time | ||||||
24 | intended to produce flower buds and induce maturation, it | ||||||
25 | has no more than 2 stigmas visible at each internode of the | ||||||
26 | cannabis plant; or |
| |||||||
| |||||||
1 | (2) any cannabis plant that is cultivated solely for | ||||||
2 | the purpose of propagating clones and is never used to | ||||||
3 | produce cannabis.
| ||||||
4 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
| ||||||
5 | (410 ILCS 705/15-100)
| ||||||
6 | Sec. 15-100. Security. | ||||||
7 | (a) A dispensing organization shall implement security | ||||||
8 | measures to deter and prevent entry into and theft of cannabis | ||||||
9 | or currency. | ||||||
10 | (b) A dispensing organization shall submit any changes to | ||||||
11 | the floor plan or security plan to the Department for | ||||||
12 | pre-approval. All cannabis shall be maintained and stored in a | ||||||
13 | restricted access area during construction. | ||||||
14 | (c) The dispensing organization shall implement security | ||||||
15 | measures to protect the premises, purchasers, and dispensing | ||||||
16 | organization agents including, but not limited to the | ||||||
17 | following: | ||||||
18 | (1) Establish a locked door or barrier between the | ||||||
19 | facility's entrance and the limited access area; | ||||||
20 | (2) Prevent individuals from remaining on the premises | ||||||
21 | if they are not engaging in activity permitted by this Act | ||||||
22 | or rules; | ||||||
23 | (3) Develop a policy that addresses the maximum | ||||||
24 | capacity and purchaser flow in the waiting rooms and | ||||||
25 | limited access areas; |
| |||||||
| |||||||
1 | (4) Dispose of cannabis in accordance with this Act | ||||||
2 | and rules; | ||||||
3 | (5) During hours of operation, store and dispense all | ||||||
4 | cannabis from the restricted access area. During | ||||||
5 | operational hours, cannabis shall be stored in an enclosed | ||||||
6 | locked room or cabinet and accessible only to specifically | ||||||
7 | authorized dispensing organization agents; | ||||||
8 | (6) When the dispensary is closed, store all cannabis | ||||||
9 | and currency in a reinforced vault room in the restricted | ||||||
10 | access area and in a manner as to prevent diversion, | ||||||
11 | theft, or loss; | ||||||
12 | (7) Keep the reinforced vault room and any other | ||||||
13 | equipment or cannabis storage areas securely locked and | ||||||
14 | protected from unauthorized entry; | ||||||
15 | (8) Keep an electronic daily log of dispensing | ||||||
16 | organization agents with access to the reinforced vault | ||||||
17 | room and knowledge of the access code or combination; | ||||||
18 | (9) Keep all locks and security equipment in good | ||||||
19 | working order; | ||||||
20 | (10) Maintain an operational security and alarm system | ||||||
21 | at all times; | ||||||
22 | (11) Prohibit keys, if applicable, from being left in | ||||||
23 | the locks, or stored or placed in a location accessible to | ||||||
24 | persons other than specifically authorized personnel; | ||||||
25 | (12) Prohibit accessibility of security measures, | ||||||
26 | including combination numbers, passwords, or electronic or |
| |||||||
| |||||||
1 | biometric security systems to persons other than | ||||||
2 | specifically authorized dispensing organization agents; | ||||||
3 | (13) Ensure that the dispensary interior and exterior | ||||||
4 | premises are sufficiently lit to facilitate surveillance; | ||||||
5 | (14) Ensure that trees, bushes, and other foliage | ||||||
6 | outside of the dispensary premises do not allow for a | ||||||
7 | person or persons to conceal themselves from sight; | ||||||
8 | (15) Develop emergency policies and procedures for | ||||||
9 | securing all product and currency following any instance | ||||||
10 | of diversion, theft, or loss of cannabis, and conduct an | ||||||
11 | assessment to determine whether additional safeguards are | ||||||
12 | necessary; and | ||||||
13 | (16) Develop sufficient additional safeguards in | ||||||
14 | response to any special security concerns, or as required | ||||||
15 | by the Department. | ||||||
16 | (d) The Department may request or approve alternative | ||||||
17 | security provisions that it determines are an adequate | ||||||
18 | substitute for a security requirement specified in this | ||||||
19 | Article. Any additional protections may be considered by the | ||||||
20 | Department in evaluating overall security measures. | ||||||
21 | (e) A dispensing organization may share premises with up | ||||||
22 | to 3 craft growers, an infuser organization, a cultivation | ||||||
23 | center, or any combination thereof a craft grower or an | ||||||
24 | infuser organization, or both , provided each licensee stores | ||||||
25 | currency and cannabis or cannabis-infused products in a | ||||||
26 | separate secured vault to which the other licensee does not |
| |||||||
| |||||||
1 | have access or all licensees sharing a vault share more than | ||||||
2 | 50% of the same ownership. | ||||||
3 | (f) A dispensing organization shall provide additional | ||||||
4 | security as needed and in a manner appropriate for the | ||||||
5 | community where it operates. | ||||||
6 | (g) Restricted access areas. | ||||||
7 | (1) All restricted access areas must be identified by | ||||||
8 | the posting of a sign that is a minimum of 12 inches by 12 | ||||||
9 | inches and that states "Do Not Enter - Restricted Access | ||||||
10 | Area - Authorized Personnel Only" in lettering no smaller | ||||||
11 | than one inch in height. | ||||||
12 | (2) All restricted access areas shall be clearly | ||||||
13 | described in the floor plan of the premises, in the form | ||||||
14 | and manner determined by the Department, reflecting walls, | ||||||
15 | partitions, counters, and all areas of entry and exit. The | ||||||
16 | floor plan shall show all storage, disposal, and retail | ||||||
17 | sales areas. | ||||||
18 | (3) All restricted access areas must be secure, with | ||||||
19 | locking devices that prevent access from the limited | ||||||
20 | access areas. | ||||||
21 | (h) Security and alarm. | ||||||
22 | (1) A dispensing organization shall have an adequate | ||||||
23 | security plan and security system to prevent and detect | ||||||
24 | diversion, theft, or loss of cannabis, currency, or | ||||||
25 | unauthorized intrusion using commercial grade equipment | ||||||
26 | installed by an Illinois licensed private alarm contractor |
| |||||||
| |||||||
1 | or private alarm contractor agency that shall, at a | ||||||
2 | minimum, include: | ||||||
3 | (i) A perimeter alarm on all entry points and | ||||||
4 | glass break protection on perimeter windows; | ||||||
5 | (ii) Security shatterproof tinted film on exterior | ||||||
6 | windows; | ||||||
7 | (iii) A failure notification system that provides | ||||||
8 | an audible, text, or visual notification of any | ||||||
9 | failure in the surveillance system, including, but not | ||||||
10 | limited to, panic buttons, alarms, and video | ||||||
11 | monitoring system. The failure notification system | ||||||
12 | shall provide an alert to designated dispensing | ||||||
13 | organization agents within 5 minutes after the | ||||||
14 | failure, either by telephone or text message; | ||||||
15 | (iv) A duress alarm, panic button, and alarm, or | ||||||
16 | holdup alarm and after-hours intrusion detection alarm | ||||||
17 | that by design and purpose will directly or indirectly | ||||||
18 | notify, by the most efficient means, the Public Safety | ||||||
19 | Answering Point for the law enforcement agency having | ||||||
20 | primary jurisdiction; | ||||||
21 | (v) Security equipment to deter and prevent | ||||||
22 | unauthorized entrance into the dispensary, including | ||||||
23 | electronic door locks on the limited and restricted | ||||||
24 | access areas that include devices or a series of | ||||||
25 | devices to detect unauthorized intrusion that may | ||||||
26 | include a signal system interconnected with a radio |
| |||||||
| |||||||
1 | frequency method, cellular, private radio signals or | ||||||
2 | other mechanical or electronic device. | ||||||
3 | (2) All security system equipment and recordings shall | ||||||
4 | be maintained in good working order, in a secure location | ||||||
5 | so as to prevent theft, loss, destruction, or alterations. | ||||||
6 | (3) Access to surveillance monitoring recording | ||||||
7 | equipment shall be limited to persons who are essential to | ||||||
8 | surveillance operations, law enforcement authorities | ||||||
9 | acting within their jurisdiction, security system service | ||||||
10 | personnel, and the Department. A current list of | ||||||
11 | authorized dispensing organization agents and service | ||||||
12 | personnel that have access to the surveillance equipment | ||||||
13 | must be available to the Department upon request. | ||||||
14 | (4) All security equipment shall be inspected and | ||||||
15 | tested at regular intervals, not to exceed one month from | ||||||
16 | the previous inspection, and tested to ensure the systems | ||||||
17 | remain functional. | ||||||
18 | (5) The security system shall provide protection | ||||||
19 | against theft and diversion that is facilitated or hidden | ||||||
20 | by tampering with computers or electronic records. | ||||||
21 | (6) The dispensary shall ensure all access doors are | ||||||
22 | not solely controlled by an electronic access panel to | ||||||
23 | ensure that locks are not released during a power outage. | ||||||
24 | (i) To monitor the dispensary, the dispensing organization | ||||||
25 | shall incorporate continuous electronic video monitoring | ||||||
26 | including the following: |
| |||||||
| |||||||
1 | (1) All monitors must be 19 inches or greater; | ||||||
2 | (2) Unobstructed video surveillance of all enclosed | ||||||
3 | dispensary areas, unless prohibited by law, including all | ||||||
4 | points of entry and exit that shall be appropriate for the | ||||||
5 | normal lighting conditions of the area under surveillance. | ||||||
6 | The cameras shall be directed so all areas are captured, | ||||||
7 | including, but not limited to, safes, vaults, sales areas, | ||||||
8 | and areas where cannabis is stored, handled, dispensed, or | ||||||
9 | destroyed. Cameras shall be angled to allow for facial | ||||||
10 | recognition, the capture of clear and certain | ||||||
11 | identification of any person entering or exiting the | ||||||
12 | dispensary area and in lighting sufficient during all | ||||||
13 | times of night or day; | ||||||
14 | (3) Unobstructed video surveillance of outside areas, | ||||||
15 | the storefront, and the parking lot, that shall be | ||||||
16 | appropriate for the normal lighting conditions of the area | ||||||
17 | under surveillance. Cameras shall be angled so as to allow | ||||||
18 | for the capture of facial recognition, clear and certain | ||||||
19 | identification of any person entering or exiting the | ||||||
20 | dispensary and the immediate surrounding area, and license | ||||||
21 | plates of vehicles in the parking lot; | ||||||
22 | (4) 24-hour recordings from all video cameras | ||||||
23 | available for immediate viewing by the Department upon | ||||||
24 | request. Recordings shall not be destroyed or altered and | ||||||
25 | shall be retained for at least 90 days. Recordings shall | ||||||
26 | be retained as long as necessary if the dispensing |
| |||||||
| |||||||
1 | organization is aware of the loss or theft of cannabis or a | ||||||
2 | pending criminal, civil, or administrative investigation | ||||||
3 | or legal proceeding for which the recording may contain | ||||||
4 | relevant information; | ||||||
5 | (5) The ability to immediately produce a clear, color | ||||||
6 | still photo from the surveillance video, either live or | ||||||
7 | recorded; | ||||||
8 | (6) A date and time stamp embedded on all video | ||||||
9 | surveillance recordings. The date and time shall be | ||||||
10 | synchronized and set correctly and shall not significantly | ||||||
11 | obscure the picture; | ||||||
12 | (7) The ability to remain operational during a power | ||||||
13 | outage and ensure all access doors are not solely | ||||||
14 | controlled by an electronic access panel to ensure that | ||||||
15 | locks are not released during a power outage; | ||||||
16 | (8) All video surveillance equipment shall allow for | ||||||
17 | the exporting of still images in an industry standard | ||||||
18 | image format, including .jpg, .bmp, and .gif. Exported | ||||||
19 | video shall have the ability to be archived in a | ||||||
20 | proprietary format that ensures authentication of the | ||||||
21 | video and guarantees that no alteration of the recorded | ||||||
22 | image has taken place. Exported video shall also have the | ||||||
23 | ability to be saved in an industry standard file format | ||||||
24 | that can be played on a standard computer operating | ||||||
25 | system. All recordings shall be erased or destroyed before | ||||||
26 | disposal; |
| |||||||
| |||||||
1 | (9) The video surveillance system shall be operational | ||||||
2 | during a power outage with a 4-hour minimum battery | ||||||
3 | backup; | ||||||
4 | (10) A video camera or cameras recording at each | ||||||
5 | point-of-sale location allowing for the identification of | ||||||
6 | the dispensing organization agent distributing the | ||||||
7 | cannabis and any purchaser. The camera or cameras shall | ||||||
8 | capture the sale, the individuals and the computer | ||||||
9 | monitors used for the sale; | ||||||
10 | (11) A failure notification system that provides an | ||||||
11 | audible and visual notification of any failure in the | ||||||
12 | electronic video monitoring system; and | ||||||
13 | (12) All electronic video surveillance monitoring must | ||||||
14 | record at least the equivalent of 8 frames per second and | ||||||
15 | be available as recordings to the Department and the | ||||||
16 | Illinois State Police 24 hours a day via a secure | ||||||
17 | web-based portal with reverse functionality. | ||||||
18 | (j) The requirements contained in this Act are minimum | ||||||
19 | requirements for operating a dispensing organization. The | ||||||
20 | Department may establish additional requirements by rule.
| ||||||
21 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; | ||||||
22 | 102-538, eff. 8-20-21.)
| ||||||
23 | (410 ILCS 705/30-30)
| ||||||
24 | Sec. 30-30. Craft grower requirements; prohibitions. | ||||||
25 | (a) The operating documents of a craft grower shall |
| |||||||
| |||||||
1 | include procedures for the oversight of the craft grower, a | ||||||
2 | cannabis plant monitoring system including a physical | ||||||
3 | inventory recorded weekly, accurate recordkeeping, and a | ||||||
4 | staffing plan. | ||||||
5 | (b) A craft grower shall implement a security plan | ||||||
6 | reviewed by the Department of State Police that includes, but | ||||||
7 | is not limited to: facility access controls, perimeter | ||||||
8 | intrusion detection systems, personnel identification systems, | ||||||
9 | and a 24-hour surveillance system to monitor the interior and | ||||||
10 | exterior of the craft grower facility and that is accessible | ||||||
11 | to authorized law enforcement and the Department of | ||||||
12 | Agriculture in real time. | ||||||
13 | (c) All cultivation of cannabis by a craft grower must | ||||||
14 | take place in an enclosed, locked facility at the physical | ||||||
15 | address provided to the Department of Agriculture during the | ||||||
16 | licensing process. The craft grower location shall only be | ||||||
17 | accessed by the agents working for the craft grower, the | ||||||
18 | Department of Agriculture staff performing inspections, the | ||||||
19 | Department of Public Health staff performing inspections, | ||||||
20 | State and local law enforcement or other emergency personnel, | ||||||
21 | contractors working on jobs unrelated to cannabis, such as | ||||||
22 | installing or maintaining security devices or performing | ||||||
23 | electrical wiring, transporting organization agents as | ||||||
24 | provided in this Act, or participants in the incubator | ||||||
25 | program, individuals in a mentoring or educational program | ||||||
26 | approved by the State, or other individuals as provided by |
| |||||||
| |||||||
1 | rule. However, if a craft grower shares a premises with an | ||||||
2 | infuser or dispensing organization, agents from those other | ||||||
3 | licensees may access the craft grower portion of the premises | ||||||
4 | if that is the location of common bathrooms, lunchrooms, | ||||||
5 | locker rooms, or other areas of the building where work or | ||||||
6 | cultivation of cannabis is not performed. At no time may an | ||||||
7 | infuser or dispensing organization agent perform work at a | ||||||
8 | craft grower without being a registered agent of the craft | ||||||
9 | grower. | ||||||
10 | (d) A craft grower may not sell or distribute any cannabis | ||||||
11 | to any person other than a cultivation center, a craft grower, | ||||||
12 | an infuser organization, a dispensing organization, or as | ||||||
13 | otherwise authorized by rule. | ||||||
14 | (e) A craft grower may not be located in an area zoned for | ||||||
15 | residential use. | ||||||
16 | (f) A craft grower may not either directly or indirectly | ||||||
17 | discriminate in price between different cannabis business | ||||||
18 | establishments that are purchasing a like grade, strain, | ||||||
19 | brand, and quality of cannabis or cannabis-infused product. | ||||||
20 | Nothing in this subsection (f) prevents a craft grower from | ||||||
21 | pricing cannabis differently based on differences in the cost | ||||||
22 | of manufacturing or processing, the quantities sold, such as | ||||||
23 | volume discounts, or the way the products are delivered. | ||||||
24 | (g) All cannabis harvested by a craft grower and intended | ||||||
25 | for distribution to a dispensing organization must be entered | ||||||
26 | into a data collection system, packaged and labeled under |
| |||||||
| |||||||
1 | Section 55-21, and, if distribution is to a dispensing | ||||||
2 | organization that does not share a premises with the | ||||||
3 | dispensing organization receiving the cannabis, placed into a | ||||||
4 | cannabis container for transport. All cannabis harvested by a | ||||||
5 | craft grower and intended for distribution to a cultivation | ||||||
6 | center, to an infuser organization, or to a craft grower with | ||||||
7 | which it does not share a premises, must be packaged in a | ||||||
8 | labeled cannabis container and entered into a data collection | ||||||
9 | system before transport. | ||||||
10 | (h) Craft growers are subject to random inspections by the | ||||||
11 | Department of Agriculture, local safety or health inspectors, | ||||||
12 | and the Department of State Police. | ||||||
13 | (i) A craft grower agent shall notify local law | ||||||
14 | enforcement, the Department of State Police, and the | ||||||
15 | Department of Agriculture within 24 hours of the discovery of | ||||||
16 | any loss or theft. Notification shall be made by phone, in | ||||||
17 | person, or written or electronic communication. | ||||||
18 | (j) A craft grower shall comply with all State and any | ||||||
19 | applicable federal rules and regulations regarding the use of | ||||||
20 | pesticides. | ||||||
21 | (k) A craft grower or craft grower agent shall not | ||||||
22 | transport cannabis or cannabis-infused products to any other | ||||||
23 | cannabis business establishment without a transport | ||||||
24 | organization license unless: | ||||||
25 | (i) If the craft grower is located in a county with a | ||||||
26 | population of 3,000,000 or more, the cannabis business |
| |||||||
| |||||||
1 | establishment receiving the cannabis is within 2,000 feet | ||||||
2 | of the property line of the craft grower; | ||||||
3 | (ii) If the craft grower is located in a county with a | ||||||
4 | population of more than 700,000 but fewer than 3,000,000, | ||||||
5 | the cannabis business establishment receiving the cannabis | ||||||
6 | is within 2 miles of the craft grower; or | ||||||
7 | (iii) If the craft grower is located in a county with a | ||||||
8 | population of fewer than 700,000, the cannabis business | ||||||
9 | establishment receiving the cannabis is within 15 miles of | ||||||
10 | the craft grower. | ||||||
11 | (l) A craft grower may enter into a contract with a | ||||||
12 | transporting organization to transport cannabis to a | ||||||
13 | cultivation center, a craft grower, an infuser organization, a | ||||||
14 | dispensing organization, or a laboratory. | ||||||
15 | (m) No person or entity shall hold any legal, equitable, | ||||||
16 | ownership, or beneficial interest, directly or indirectly, of | ||||||
17 | more than 3 craft grower licenses. Further, no person or | ||||||
18 | entity that is employed by, an agent of, or has a contract to | ||||||
19 | receive payment from or participate in the management of a | ||||||
20 | craft grower, is a principal officer of a craft grower, or | ||||||
21 | entity controlled by or affiliated with a principal officer of | ||||||
22 | a craft grower shall hold any legal, equitable, ownership, or | ||||||
23 | beneficial interest, directly or indirectly, in a craft grower | ||||||
24 | license that would result in the person or entity owning or | ||||||
25 | controlling in combination with any craft grower, principal | ||||||
26 | officer of a craft grower, or entity controlled or affiliated |
| |||||||
| |||||||
1 | with a principal officer of a craft grower by which he, she, or | ||||||
2 | it is employed, is an agent of, or participates in the | ||||||
3 | management of more than 3 craft grower licenses. | ||||||
4 | (n) It is unlawful for any person having a craft grower | ||||||
5 | license or any officer, associate, member, representative, or | ||||||
6 | agent of the licensee to offer or deliver money, or anything | ||||||
7 | else of value, directly or indirectly, to any person having an | ||||||
8 | Early Approval Adult Use Dispensing Organization License, a | ||||||
9 | Conditional Adult Use Dispensing Organization License, an | ||||||
10 | Adult Use Dispensing Organization License, or a medical | ||||||
11 | cannabis dispensing organization license issued under the | ||||||
12 | Compassionate Use of Medical Cannabis Program Act, or to any | ||||||
13 | person connected with or in any way representing, or to any | ||||||
14 | member of the family of, the person holding an Early Approval | ||||||
15 | Adult Use Dispensing Organization License, a Conditional Adult | ||||||
16 | Use Dispensing Organization License, an Adult Use Dispensing | ||||||
17 | Organization License, or a medical cannabis dispensing | ||||||
18 | organization license issued under the Compassionate Use of | ||||||
19 | Medical Cannabis Program Act, or to any stockholders in any | ||||||
20 | corporation engaged in the retail sale of cannabis, or to any | ||||||
21 | officer, manager, agent, or representative of the Early | ||||||
22 | Approval Adult Use Dispensing Organization License, a | ||||||
23 | Conditional Adult Use Dispensing Organization License, an | ||||||
24 | Adult Use Dispensing Organization License, or a medical | ||||||
25 | cannabis dispensing organization license issued under the | ||||||
26 | Compassionate Use of Medical Cannabis Program Act to obtain |
| |||||||
| |||||||
1 | preferential placement within the dispensing organization, | ||||||
2 | including, without limitation, on shelves and in display cases | ||||||
3 | where purchasers can view products, or on the dispensing | ||||||
4 | organization's website. | ||||||
5 | (o) A craft grower shall not be located within 1,500 feet | ||||||
6 | of another craft grower or a cultivation center , unless the | ||||||
7 | craft grower shares premises with up to 2 other craft growers, | ||||||
8 | an infuser organization, a dispensing organization, or any | ||||||
9 | combination thereof as provided under the definition of "craft | ||||||
10 | grower" in Section 1-10 or under subsection (e) of Section | ||||||
11 | 15-100 or subsection (l) of Section 35-25 . | ||||||
12 | (p) A craft grower may process cannabis, cannabis | ||||||
13 | concentrates, and cannabis-infused products. | ||||||
14 | (q) A craft grower must comply with any other requirements | ||||||
15 | or prohibitions set by administrative rule of the Department | ||||||
16 | of Agriculture.
| ||||||
17 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
| ||||||
18 | (410 ILCS 705/35-25)
| ||||||
19 | Sec. 35-25. Infuser organization requirements; | ||||||
20 | prohibitions. | ||||||
21 | (a) The operating documents of an infuser shall include | ||||||
22 | procedures for the oversight of the infuser, an inventory | ||||||
23 | monitoring system including a physical inventory recorded | ||||||
24 | weekly, accurate recordkeeping, and a staffing plan. | ||||||
25 | (b) An infuser shall implement a security plan reviewed by |
| |||||||
| |||||||
1 | the Department of State Police that includes, but is not | ||||||
2 | limited to: facility access controls, perimeter intrusion | ||||||
3 | detection systems, personnel identification systems, and a | ||||||
4 | 24-hour surveillance system to monitor the interior and | ||||||
5 | exterior of the infuser facility and that is accessible to | ||||||
6 | authorized law enforcement, the Department of Public Health, | ||||||
7 | and the Department of Agriculture in real time. | ||||||
8 | (c) All processing of cannabis by an infuser must take | ||||||
9 | place in an enclosed, locked facility at the physical address | ||||||
10 | provided to the Department of Agriculture during the licensing | ||||||
11 | process. The infuser location shall only be accessed by the | ||||||
12 | agents working for the infuser, the Department of Agriculture | ||||||
13 | staff performing inspections, the Department of Public Health | ||||||
14 | staff performing inspections, State and local law enforcement | ||||||
15 | or other emergency personnel, contractors working on jobs | ||||||
16 | unrelated to cannabis, such as installing or maintaining | ||||||
17 | security devices or performing electrical wiring, transporting | ||||||
18 | organization agents as provided in this Act, participants in | ||||||
19 | the incubator program, individuals in a mentoring or | ||||||
20 | educational program approved by the State, local safety or | ||||||
21 | health inspectors, or other individuals as provided by rule. | ||||||
22 | However, if an infuser shares a premises with a craft grower or | ||||||
23 | dispensing organization, agents from these other licensees may | ||||||
24 | access the infuser portion of the premises if that is the | ||||||
25 | location of common bathrooms, lunchrooms, locker rooms, or | ||||||
26 | other areas of the building where processing of cannabis is |
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1 | not performed. At no time may a craft grower or dispensing | ||||||
2 | organization agent perform work at an infuser without being a | ||||||
3 | registered agent of the infuser. | ||||||
4 | (d) An infuser may not sell or distribute any cannabis to | ||||||
5 | any person other than a dispensing organization, or as | ||||||
6 | otherwise authorized by rule. | ||||||
7 | (e) An infuser may not either directly or indirectly | ||||||
8 | discriminate in price between different cannabis business | ||||||
9 | establishments that are purchasing a like grade, strain, | ||||||
10 | brand, and quality of cannabis or cannabis-infused product. | ||||||
11 | Nothing in this subsection (e) prevents an infuser from | ||||||
12 | pricing cannabis differently based on differences in the cost | ||||||
13 | of manufacturing or processing, the quantities sold, such | ||||||
14 | volume discounts, or the way the products are delivered. | ||||||
15 | (f) All cannabis infused by an infuser and intended for | ||||||
16 | distribution to a dispensing organization must be entered into | ||||||
17 | a data collection system, packaged and labeled under Section | ||||||
18 | 55-21, and, if distribution is to a dispensing organization | ||||||
19 | that does not share a premises with the infuser, placed into a | ||||||
20 | cannabis container for transport. All cannabis produced by an | ||||||
21 | infuser and intended for distribution to a cultivation center, | ||||||
22 | infuser organization, or craft grower with which it does not | ||||||
23 | share a premises, must be packaged in a labeled cannabis | ||||||
24 | container and entered into a data collection system before | ||||||
25 | transport. | ||||||
26 | (g) Infusers are subject to random inspections by the |
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1 | Department of Agriculture, the Department of Public Health, | ||||||
2 | the Department of State Police, and local law enforcement. | ||||||
3 | (h) An infuser agent shall notify local law enforcement, | ||||||
4 | the Department of State Police, and the Department of | ||||||
5 | Agriculture within 24 hours of the discovery of any loss or | ||||||
6 | theft. Notification shall be made by phone, in person, or by | ||||||
7 | written or electronic communication. | ||||||
8 | (i) An infuser organization may not be located in an area | ||||||
9 | zoned for residential use. | ||||||
10 | (j) An infuser or infuser agent shall not transport | ||||||
11 | cannabis or cannabis-infused products to any other cannabis | ||||||
12 | business establishment without a transport organization | ||||||
13 | license unless: | ||||||
14 | (i) If the infuser is located in a county with a | ||||||
15 | population of 3,000,000 or more, the cannabis business | ||||||
16 | establishment receiving the cannabis or cannabis-infused | ||||||
17 | product is within 2,000 feet of the property line of the | ||||||
18 | infuser; | ||||||
19 | (ii) If the infuser is located in a county with a | ||||||
20 | population of more than 700,000 but fewer than 3,000,000, | ||||||
21 | the cannabis business establishment receiving the cannabis | ||||||
22 | or cannabis-infused product is within 2 miles of the | ||||||
23 | infuser; or | ||||||
24 | (iii) If the infuser is located in a county with a | ||||||
25 | population of fewer than 700,000, the cannabis business | ||||||
26 | establishment receiving the cannabis or cannabis-infused |
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1 | product is within 15 miles of the infuser. | ||||||
2 | (k) An infuser may enter into a contract with a | ||||||
3 | transporting organization to transport cannabis to a | ||||||
4 | dispensing organization or a laboratory. | ||||||
5 | (l) An infuser organization may share premises with up to | ||||||
6 | 3 craft growers, a cultivation center, a dispensing | ||||||
7 | organization, or any combination thereof a craft grower or a | ||||||
8 | dispensing organization, or both , provided each licensee | ||||||
9 | stores currency and cannabis or cannabis-infused products in a | ||||||
10 | separate secured vault to which the other licensee does not | ||||||
11 | have access or all licensees sharing a vault share more than | ||||||
12 | 50% of the same ownership. | ||||||
13 | (m) It is unlawful for any person or entity having an | ||||||
14 | infuser organization license or any officer, associate, | ||||||
15 | member, representative or agent of such licensee to offer or | ||||||
16 | deliver money, or anything else of value, directly or | ||||||
17 | indirectly to any person having an Early Approval Adult Use | ||||||
18 | Dispensing Organization License, a Conditional Adult Use | ||||||
19 | Dispensing Organization License, an Adult Use Dispensing | ||||||
20 | Organization License, or a medical cannabis dispensing | ||||||
21 | organization license issued under the Compassionate Use of | ||||||
22 | Medical Cannabis Program Act, or to any person connected with | ||||||
23 | or in any way representing, or to any member of the family of, | ||||||
24 | such person holding an Early Approval Adult Use Dispensing | ||||||
25 | Organization License, a Conditional Adult Use Dispensing | ||||||
26 | Organization License, an Adult Use Dispensing Organization |
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| |||||||
1 | License, or a medical cannabis dispensing organization license | ||||||
2 | issued under the Compassionate Use of Medical Cannabis Program | ||||||
3 | Act, or to any stockholders in any corporation engaged the | ||||||
4 | retail sales of cannabis, or to any officer, manager, agent, | ||||||
5 | or representative of the Early Approval Adult Use Dispensing | ||||||
6 | Organization License, a Conditional Adult Use Dispensing | ||||||
7 | Organization License, an Adult Use Dispensing Organization | ||||||
8 | License, or a medical cannabis dispensing organization license | ||||||
9 | issued under the Compassionate Use of Medical Cannabis Program | ||||||
10 | Act to obtain preferential placement within the dispensing | ||||||
11 | organization, including, without limitation, on shelves and in | ||||||
12 | display cases where purchasers can view products, or on the | ||||||
13 | dispensing organization's website. | ||||||
14 | (n) At no time shall an infuser organization or an infuser | ||||||
15 | agent perform the extraction of cannabis concentrate from | ||||||
16 | cannabis flower.
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17 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
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18 | Section 99. Effective date. This Act takes effect upon | ||||||
19 | becoming law.
|