Bill Text: IL HB4211 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Cannabis Regulation and Tax Act. Provides for the licensure of consolidated transport centers. Specifies requirements for consolidated transport centers, including operating documents, security plans, facility requirements, plant monitoring, prohibitions on ownership, and prohibitions on offering things of value to certain persons and licensees. Provides that cannabis business entities shall adhere to the traceability and consumer protection guidelines established by the Department of Agriculture when utilizing the cannabis plant monitoring system or cannabis transport GPS tracking system. Provides that entities awarded a transporting license may defer paying the associated license fee for a period of no more than 3 years. Provides that from January 1, 2024 through January 1, 2026, the Department shall not issue any transporting licenses other than those issued before the effective date of the amendatory Act. Provides that all products received and shipped to and from a consolidated transport center shall be tracked within the cannabis plant monitoring system. Provides that a craft grower or infuser may enter into a contract with a transporting organization to transport cannabis to a consolidated transport center or a different transporting organization at the consolidated transport center. Provides that no person, cannabis business establishment, or entity other than a licensed transportation organization shall transport cannabis or cannabis-infused products on behalf of a cannabis business establishment to or from a consolidated transport center, unless otherwise authorized by rule. Makes other changes. Authorizes emergency rulemaking. Makes a conforming change in the Illinois Administrative Procedure Act. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-04-05 - Rule 19(a) / Re-referred to Rules Committee [HB4211 Detail]

Download: Illinois-2023-HB4211-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4211 Introduced , by Rep. Robert "Bob" Rita SYNOPSIS AS INTRODUCED:
5 ILCS 100/5-45.55 new
410 ILCS 705/1-10
410 ILCS 705/5-10
410 ILCS 705/20-30
410 ILCS 705/30-30
410 ILCS 705/35-25
410 ILCS 705/40-5
410 ILCS 705/40-25
410 ILCS 705/40-50 new
Amends the Cannabis Regulation and Tax Act. Provides for the licensure of consolidated transport centers. Specifies requirements for consolidated transport centers, including operating documents, security plans, facility requirements, plant monitoring, prohibitions on ownership, and prohibitions on offering things of value to certain persons and licensees. Provides that cannabis business entities shall adhere to the traceability and consumer protection guidelines established by the Department of Agriculture when utilizing the cannabis plant monitoring system or cannabis transport GPS tracking system. Provides that entities awarded a transporting license may defer paying the associated license fee for a period of no more than 3 years. Provides that from January 1, 2024 through January 1, 2026, the Department shall not issue any transporting licenses other than those issued before the effective date of the amendatory Act. Provides that all products received and shipped to and from a consolidated transport center shall be tracked within the cannabis plant monitoring system. Provides that a craft grower or infuser may enter into a contract with a transporting organization to transport cannabis to a consolidated transport center or a different transporting organization at the consolidated transport center. Provides that no person, cannabis business establishment, or entity other than a licensed transportation organization shall transport cannabis or cannabis-infused products on behalf of a cannabis business establishment to or from a consolidated transport center, unless otherwise authorized by rule. Makes other changes. Authorizes emergency rulemaking. Makes a conforming change in the Illinois Administrative Procedure Act. Effective immediately.
LRB103 35162 RLC 65132 b
A BILL FOR
HB4211 LRB103 35162 RLC 65132 b
AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Administrative Procedure Act is
amended by adding Section 5-45.55 as follows:
(5 ILCS 100/5-45.55 new)
Sec. 5-45.55. Emergency rulemaking; this amendatory Act of
the 103rd General Assembly. To provide for the expeditious and
timely implementation of this amendatory Act of the 103rd
General Assembly, emergency rules implementing this amendatory
Act of the 103rd General Assembly may be adopted in accordance
with Section 5-45 by the Department of Agriculture. The
adoption of emergency rules authorized by Section 5-45 and
this Section is deemed to be necessary for the public
interest, safety, and welfare.
This Section is repealed one year after the effective date
of this amendatory Act of the 103rd General Assembly.
Section 10. The Cannabis Regulation and Tax Act is amended
by changing Sections 1-10, 5-10, 20-30, 30-30, 35-25, 40-5,
and 40-25 and by adding Section 40-50 as follows:
(410 ILCS 705/1-10)

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Sec. 1-10. Definitions. In this Act:
"Adult Use Cultivation Center License" means a license
issued by the Department of Agriculture that permits a person
to act as a cultivation center under this Act and any
administrative rule made in furtherance of this Act.
"Adult Use Dispensing Organization License" means a
license issued by the Department of Financial and Professional
Regulation that permits a person to act as a dispensing
organization under this Act and any administrative rule made
in furtherance of this Act.
"Advertise" means to engage in promotional activities
including, but not limited to: newspaper, radio, Internet and
electronic media, and television advertising; the distribution
of fliers and circulars; billboard advertising; and the
display of window and interior signs. "Advertise" does not
mean exterior signage displaying only the name of the licensed
cannabis business establishment.
"Application points" means the number of points a
Dispensary Applicant receives on an application for a
Conditional Adult Use Dispensing Organization License.
"BLS Region" means a region in Illinois used by the United
States Bureau of Labor Statistics to gather and categorize
certain employment and wage data. The 17 such regions in
Illinois are: Bloomington, Cape Girardeau, Carbondale-Marion,
Champaign-Urbana, Chicago-Naperville-Elgin, Danville,
Davenport-Moline-Rock Island, Decatur, Kankakee, Peoria,

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Rockford, St. Louis, Springfield, Northwest Illinois
nonmetropolitan area, West Central Illinois nonmetropolitan
area, East Central Illinois nonmetropolitan area, and South
Illinois nonmetropolitan area.
"By lot" means a randomized method of choosing between 2
or more Eligible Tied Applicants or 2 or more Qualifying
Applicants.
"Cannabis" means marijuana, hashish, and other substances
that are identified as including any parts of the plant
Cannabis sativa and including derivatives or subspecies, such
as indica, of all strains of cannabis, whether growing or not;
the seeds thereof, the resin extracted from any part of the
plant; and any compound, manufacture, salt, derivative,
mixture, or preparation of the plant, its seeds, or resin,
including tetrahydrocannabinol (THC) and all other naturally
produced cannabinol derivatives, whether produced directly or
indirectly by extraction; however, "cannabis" does not include
the mature stalks of the plant, fiber produced from the
stalks, oil or cake made from the seeds of the plant, any other
compound, manufacture, salt, derivative, mixture, or
preparation of the mature stalks (except the resin extracted
from it), fiber, oil or cake, or the sterilized seed of the
plant that is incapable of germination. "Cannabis" does not
include industrial hemp as defined and authorized under the
Industrial Hemp Act. "Cannabis" also means cannabis flower,
concentrate, and cannabis-infused products.

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"Cannabis business establishment" means a cultivation
center, craft grower, processing organization, infuser
organization, dispensing organization, or transporting
organization.
"Cannabis concentrate" means a product derived from
cannabis that is produced by extracting cannabinoids,
including tetrahydrocannabinol (THC), from the plant through
the use of propylene glycol, glycerin, butter, olive oil, or
other typical cooking fats; water, ice, or dry ice; or butane,
propane, CO2, ethanol, or isopropanol and with the intended
use of smoking or making a cannabis-infused product. The use
of any other solvent is expressly prohibited unless and until
it is approved by the Department of Agriculture.
"Cannabis container" means a sealed or resealable,
traceable, container, or package used for the purpose of
containment of cannabis or cannabis-infused product during
transportation.
"Cannabis flower" means marijuana, hashish, and other
substances that are identified as including any parts of the
plant Cannabis sativa and including derivatives or subspecies,
such as indica, of all strains of cannabis; including raw
kief, leaves, and buds, but not resin that has been extracted
from any part of such plant; nor any compound, manufacture,
salt, derivative, mixture, or preparation of such plant, its
seeds, or resin.
"Cannabis-infused product" means a beverage, food, oil,

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ointment, tincture, topical formulation, or another product
containing cannabis or cannabis concentrate that is not
intended to be smoked.
"Cannabis paraphernalia" means equipment, products, or
materials intended to be used for planting, propagating,
cultivating, growing, harvesting, manufacturing, producing,
processing, preparing, testing, analyzing, packaging,
repackaging, storing, containing, concealing, ingesting, or
otherwise introducing cannabis into the human body.
"Cannabis plant monitoring system" or "plant monitoring
system" means a system that includes, but is not limited to,
testing and data collection established and maintained by the
cultivation center, craft grower, or processing organization
and that is available to the Department of Revenue, the
Department of Agriculture, the Department of Financial and
Professional Regulation, and the Illinois State Police for the
purposes of documenting each cannabis plant and monitoring
plant development throughout the life cycle of a cannabis
plant cultivated for the intended use by a customer from seed
planting to final packaging.
"Cannabis testing facility" means an entity registered by
the Department of Agriculture to test cannabis for potency and
contaminants.
"Cannabis transport GPS tracking system" means a system
that includes, but is not limited to, real-time tracking,
tracing, and recording of global positioning system data for

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licensed transporter vehicles registered with the Department
of Agriculture to transport cannabis and cannabis-infused
products.
"Clone" means a plant section from a female cannabis plant
not yet rootbound, growing in a water solution or other
propagation matrix, that is capable of developing into a new
plant.
"Community College Cannabis Vocational Training Pilot
Program faculty participant" means a person who is 21 years of
age or older, licensed by the Department of Agriculture, and
is employed or contracted by an Illinois community college to
provide student instruction using cannabis plants at an
Illinois Community College.
"Community College Cannabis Vocational Training Pilot
Program faculty participant Agent Identification Card" means a
document issued by the Department of Agriculture that
identifies a person as a Community College Cannabis Vocational
Training Pilot Program faculty participant.
"Conditional Adult Use Dispensing Organization License"
means a contingent license awarded to applicants for an Adult
Use Dispensing Organization License that reserves the right to
an Adult Use Dispensing Organization License if the applicant
meets certain conditions described in this Act, but does not
entitle the recipient to begin purchasing or selling cannabis
or cannabis-infused products.
"Conditional Adult Use Cultivation Center License" means a

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license awarded to top-scoring applicants for an Adult Use
Cultivation Center License that reserves the right to an Adult
Use Cultivation Center License if the applicant meets certain
conditions as determined by the Department of Agriculture by
rule, but does not entitle the recipient to begin growing,
processing, or selling cannabis or cannabis-infused products.
"Consolidated transport center" means a facility licensed
by the Department of Agriculture that is: (i) integrated with
access controls, cameras, and alarms; (ii) owned and operated
by an independent social equity transporting organization; and
(iii) used for unloading products from vehicles, sorting and
securely storing products, and reloading products onto
licensed and registered transport vehicles before being
shipped to cannabis business establishments.
"Craft grower" means a facility operated by an
organization or business that is licensed by the Department of
Agriculture to cultivate, dry, cure, and package cannabis and
perform other necessary activities to make cannabis available
for sale at a dispensing organization or use at a processing
organization. A craft grower may contain up to 5,000 square
feet of canopy space on its premises for plants in the
flowering state. The Department of Agriculture may authorize
an increase or decrease of flowering stage cultivation space
in increments of 3,000 square feet by rule based on market
need, craft grower capacity, and the licensee's history of
compliance or noncompliance, with a maximum space of 14,000

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square feet for cultivating plants in the flowering stage,
which must be cultivated in all stages of growth in an enclosed
and secure area. A craft grower may share premises with a
processing organization or a dispensing organization, or both,
provided each licensee stores currency and cannabis or
cannabis-infused products in a separate secured vault to which
the other licensee does not have access or all licensees
sharing a vault share more than 50% of the same ownership.
"Craft grower agent" means a principal officer, board
member, employee, or other agent of a craft grower who is 21
years of age or older.
"Craft Grower Agent Identification Card" means a document
issued by the Department of Agriculture that identifies a
person as a craft grower agent.
"Cultivation center" means a facility operated by an
organization or business that is licensed by the Department of
Agriculture to cultivate, process, transport (unless otherwise
limited by this Act), and perform other necessary activities
to provide cannabis and cannabis-infused products to cannabis
business establishments.
"Cultivation center agent" means a principal officer,
board member, employee, or other agent of a cultivation center
who is 21 years of age or older.
"Cultivation Center Agent Identification Card" means a
document issued by the Department of Agriculture that
identifies a person as a cultivation center agent.

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"Currency" means currency and coin of the United States.
"Dispensary" means a facility operated by a dispensing
organization at which activities licensed by this Act may
occur.
"Dispensary Applicant" means the Proposed Dispensing
Organization Name as stated on an application for a
Conditional Adult Use Dispensing Organization License.
"Dispensing organization" means a facility operated by an
organization or business that is licensed by the Department of
Financial and Professional Regulation to acquire cannabis from
a cultivation center, craft grower, processing organization,
or another dispensary for the purpose of selling or dispensing
cannabis, cannabis-infused products, cannabis seeds,
paraphernalia, or related supplies under this Act to
purchasers or to qualified registered medical cannabis
patients and caregivers. As used in this Act, "dispensing
organization" includes a registered medical cannabis
organization as defined in the Compassionate Use of Medical
Cannabis Program Act or its successor Act that has obtained an
Early Approval Adult Use Dispensing Organization License.
"Dispensing organization agent" means a principal officer,
employee, or agent of a dispensing organization who is 21
years of age or older.
"Dispensing organization agent identification card" means
a document issued by the Department of Financial and
Professional Regulation that identifies a person as a

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dispensing organization agent.
"Disproportionately Impacted Area" means a census tract or
comparable geographic area that satisfies the following
criteria as determined by the Department of Commerce and
Economic Opportunity, that:
(1) meets at least one of the following criteria:
(A) the area has a poverty rate of at least 20%
according to the latest federal decennial census; or
(B) 75% or more of the children in the area
participate in the federal free lunch program
according to reported statistics from the State Board
of Education; or
(C) at least 20% of the households in the area
receive assistance under the Supplemental Nutrition
Assistance Program; or
(D) the area has an average unemployment rate, as
determined by the Illinois Department of Employment
Security, that is more than 120% of the national
unemployment average, as determined by the United
States Department of Labor, for a period of at least 2
consecutive calendar years preceding the date of the
application; and
(2) has high rates of arrest, conviction, and
incarceration related to the sale, possession, use,
cultivation, manufacture, or transport of cannabis.
"Early Approval Adult Use Cultivation Center License"

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means a license that permits a medical cannabis cultivation
center licensed under the Compassionate Use of Medical
Cannabis Program Act as of the effective date of this Act to
begin cultivating, infusing, packaging, transporting (unless
otherwise provided in this Act), processing, and selling
cannabis or cannabis-infused product to cannabis business
establishments for resale to purchasers as permitted by this
Act as of January 1, 2020.
"Early Approval Adult Use Dispensing Organization License"
means a license that permits a medical cannabis dispensing
organization licensed under the Compassionate Use of Medical
Cannabis Program Act as of the effective date of this Act to
begin selling cannabis or cannabis-infused product to
purchasers as permitted by this Act as of January 1, 2020.
"Early Approval Adult Use Dispensing Organization at a
secondary site" means a license that permits a medical
cannabis dispensing organization licensed under the
Compassionate Use of Medical Cannabis Program Act as of the
effective date of this Act to begin selling cannabis or
cannabis-infused product to purchasers as permitted by this
Act on January 1, 2020 at a different dispensary location from
its existing registered medical dispensary location.
"Eligible Tied Applicant" means a Tied Applicant that is
eligible to participate in the process by which a remaining
available license is distributed by lot pursuant to a Tied
Applicant Lottery.

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"Enclosed, locked facility" means a room, greenhouse,
building, or other enclosed area equipped with locks or other
security devices that permit access only by cannabis business
establishment agents working for the licensed cannabis
business establishment or acting pursuant to this Act to
cultivate, process, store, or distribute cannabis.
"Enclosed, locked space" means a closet, room, greenhouse,
building, or other enclosed area equipped with locks or other
security devices that permit access only by authorized
individuals under this Act. "Enclosed, locked space" may
include:
(1) a space within a residential building that (i) is
the primary residence of the individual cultivating 5 or
fewer cannabis plants that are more than 5 inches tall and
(ii) includes sleeping quarters and indoor plumbing. The
space must only be accessible by a key or code that is
different from any key or code that can be used to access
the residential building from the exterior; or
(2) a structure, such as a shed or greenhouse, that
lies on the same plot of land as a residential building
that (i) includes sleeping quarters and indoor plumbing
and (ii) is used as a primary residence by the person
cultivating 5 or fewer cannabis plants that are more than
5 inches tall, such as a shed or greenhouse. The structure
must remain locked when it is unoccupied by people.
"Financial institution" has the same meaning as "financial

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organization" as defined in Section 1501 of the Illinois
Income Tax Act, and also includes the holding companies,
subsidiaries, and affiliates of such financial organizations.
"Flowering stage" means the stage of cultivation where and
when a cannabis plant is cultivated to produce plant material
for cannabis products. This includes mature plants as follows:
(1) if greater than 2 stigmas are visible at each
internode of the plant; or
(2) if the cannabis plant is in an area that has been
intentionally deprived of light for a period of time
intended to produce flower buds and induce maturation,
from the moment the light deprivation began through the
remainder of the marijuana plant growth cycle.
"Individual" means a natural person.
"Independent social equity transporting organization"
means a transporting organization that is not owned in whole
or in part by a cultivation center, dispensing organization,
processing organization, or any principal officer of a
cultivation center, dispensing organization, or processing
organization.
"Infuser organization" or "infuser" means a facility
operated by an organization or business that is licensed by
the Department of Agriculture to directly incorporate cannabis
or cannabis concentrate into a product formulation to produce
a cannabis-infused product.
"Kief" means the resinous crystal-like trichomes that are

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found on cannabis and that are accumulated, resulting in a
higher concentration of cannabinoids, untreated by heat or
pressure, or extracted using a solvent.
"Labor peace agreement" means an agreement between a
cannabis business establishment and any labor organization
recognized under the National Labor Relations Act, referred to
in this Act as a bona fide labor organization, that prohibits
labor organizations and members from engaging in picketing,
work stoppages, boycotts, and any other economic interference
with the cannabis business establishment. This agreement means
that the cannabis business establishment has agreed not to
disrupt efforts by the bona fide labor organization to
communicate with, and attempt to organize and represent, the
cannabis business establishment's employees. The agreement
shall provide a bona fide labor organization access at
reasonable times to areas in which the cannabis business
establishment's employees work, for the purpose of meeting
with employees to discuss their right to representation,
employment rights under State law, and terms and conditions of
employment. This type of agreement shall not mandate a
particular method of election or certification of the bona
fide labor organization.
"Limited access area" means a room or other area under the
control of a cannabis dispensing organization licensed under
this Act and upon the licensed premises where cannabis sales
occur with access limited to purchasers, dispensing

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organization owners and other dispensing organization agents,
or service professionals conducting business with the
dispensing organization, or, if sales to registered qualifying
patients, caregivers, provisional patients, and Opioid
Alternative Pilot Program participants licensed pursuant to
the Compassionate Use of Medical Cannabis Program Act are also
permitted at the dispensary, registered qualifying patients,
caregivers, provisional patients, and Opioid Alternative Pilot
Program participants.
"Member of an impacted family" means an individual who has
a parent, legal guardian, child, spouse, or dependent, or was
a dependent of an individual who, prior to the effective date
of this Act, was arrested for, convicted of, or adjudicated
delinquent for any offense that is eligible for expungement
under this Act.
"Mother plant" means a cannabis plant that is cultivated
or maintained for the purpose of generating clones, and that
will not be used to produce plant material for sale to an
infuser or dispensing organization.
"Ordinary public view" means within the sight line with
normal visual range of a person, unassisted by visual aids,
from a public street or sidewalk adjacent to real property, or
from within an adjacent property.
"Ownership and control" means ownership of at least 51% of
the business, including corporate stock if a corporation, and
control over the management and day-to-day operations of the

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business and an interest in the capital, assets, and profits
and losses of the business proportionate to percentage of
ownership.
"Person" means a natural individual, firm, partnership,
association, joint stock company, joint venture, public or
private corporation, limited liability company, or a receiver,
executor, trustee, guardian, or other representative appointed
by order of any court.
"Possession limit" means the amount of cannabis under
Section 10-10 that may be possessed at any one time by a person
21 years of age or older or who is a registered qualifying
medical cannabis patient or caregiver under the Compassionate
Use of Medical Cannabis Program Act.
"Principal officer" includes a cannabis business
establishment applicant or licensed cannabis business
establishment's board member, owner with more than 1% interest
of the total cannabis business establishment or more than 5%
interest of the total cannabis business establishment of a
publicly traded company, president, vice president, secretary,
treasurer, partner, officer, member, manager member, or person
with a profit sharing, financial interest, or revenue sharing
arrangement. The definition includes a person with authority
to control the cannabis business establishment, a person who
assumes responsibility for the debts of the cannabis business
establishment and who is further defined in this Act.
"Primary residence" means a dwelling where a person

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usually stays or stays more often than other locations. It may
be determined by, without limitation, presence, tax filings;
address on an Illinois driver's license, an Illinois
Identification Card, or an Illinois Person with a Disability
Identification Card; or voter registration. No person may have
more than one primary residence.
"Processing organization" or "processor" means a facility
operated by an organization or business that is licensed by
the Department of Agriculture to either extract constituent
chemicals or compounds to produce cannabis concentrate or
incorporate cannabis or cannabis concentrate into a product
formulation to produce a cannabis product.
"Processing organization agent" means a principal officer,
board member, employee, or agent of a processing organization.
"Processing organization agent identification card" means
a document issued by the Department of Agriculture that
identifies a person as a processing organization agent.
"Purchaser" means a person 21 years of age or older who
acquires cannabis for a valuable consideration. "Purchaser"
does not include a cardholder under the Compassionate Use of
Medical Cannabis Program Act.
"Qualifying Applicant" means an applicant that submitted
an application pursuant to Section 15-30 that received at
least 85% of 250 application points available under Section
15-30 as the applicant's final score and meets the definition
of "Social Equity Applicant" as set forth under this Section.

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"Qualifying Social Equity Justice Involved Applicant"
means an applicant that submitted an application pursuant to
Section 15-30 that received at least 85% of 250 application
points available under Section 15-30 as the applicant's final
score and meets the criteria of either paragraph (1) or (2) of
the definition of "Social Equity Applicant" as set forth under
this Section.
"Qualified Social Equity Applicant" means a Social Equity
Applicant who has been awarded a conditional license under
this Act to operate a cannabis business establishment.
"Resided" means an individual's primary residence was
located within the relevant geographic area as established by
2 of the following:
(1) a signed lease agreement that includes the
applicant's name;
(2) a property deed that includes the applicant's
name;
(3) school records;
(4) a voter registration card;
(5) an Illinois driver's license, an Illinois
Identification Card, or an Illinois Person with a
Disability Identification Card;
(6) a paycheck stub;
(7) a utility bill;
(8) tax records; or
(9) any other proof of residency or other information

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necessary to establish residence as provided by rule.
"Smoking" means the inhalation of smoke caused by the
combustion of cannabis.
"Social Equity Applicant" means an applicant that is an
Illinois resident that meets one of the following criteria:
(1) an applicant with at least 51% ownership and
control by one or more individuals who have resided for at
least 5 of the preceding 10 years in a Disproportionately
Impacted Area;
(2) an applicant with at least 51% ownership and
control by one or more individuals who:
(i) have been arrested for, convicted of, or
adjudicated delinquent for any offense that is
eligible for expungement under this Act; or
(ii) is a member of an impacted family;
(3) for applicants with a minimum of 10 full-time
employees, an applicant with at least 51% of current
employees who:
(i) currently reside in a Disproportionately
Impacted Area; or
(ii) have been arrested for, convicted of, or
adjudicated delinquent for any offense that is
eligible for expungement under this Act or member of
an impacted family.
Nothing in this Act shall be construed to preempt or limit
the duties of any employer under the Job Opportunities for

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Qualified Applicants Act. Nothing in this Act shall permit an
employer to require an employee to disclose sealed or expunged
offenses, unless otherwise required by law.
"Tied Applicant" means an application submitted by a
Dispensary Applicant pursuant to Section 15-30 that received
the same number of application points under Section 15-30 as
the Dispensary Applicant's final score as one or more
top-scoring applications in the same BLS Region and would have
been awarded a license but for the one or more other
top-scoring applications that received the same number of
application points. Each application for which a Dispensary
Applicant was required to pay a required application fee for
the application period ending January 2, 2020 shall be
considered an application of a separate Tied Applicant.
"Tied Applicant Lottery" means the process established
under 68 Ill. Adm. Code 1291.50 for awarding Conditional Adult
Use Dispensing Organization Licenses pursuant to Sections
15-25 and 15-30 among Eligible Tied Applicants.
"Tincture" means a cannabis-infused solution, typically
comprised of alcohol, glycerin, or vegetable oils, derived
either directly from the cannabis plant or from a processed
cannabis extract. A tincture is not an alcoholic liquor as
defined in the Liquor Control Act of 1934. A tincture shall
include a calibrated dropper or other similar device capable
of accurately measuring servings.
"Transporting organization" or "transporter" means an

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organization or business that is licensed by the Department of
Agriculture to transport cannabis or cannabis-infused product
on behalf of a cannabis business establishment or a community
college licensed under the Community College Cannabis
Vocational Training Pilot Program.
"Transporting organization agent" means a principal
officer, board member, employee, or agent of a transporting
organization.
"Transporting organization agent identification card"
means a document issued by the Department of Agriculture that
identifies a person as a transporting organization agent.
"Unit of local government" means any county, city,
village, or incorporated town.
"Vegetative stage" means the stage of cultivation in which
a cannabis plant is propagated to produce additional cannabis
plants or reach a sufficient size for production. This
includes seedlings, clones, mothers, and other immature
cannabis plants as follows:
(1) if the cannabis plant is in an area that has not
been intentionally deprived of light for a period of time
intended to produce flower buds and induce maturation, it
has no more than 2 stigmas visible at each internode of the
cannabis plant; or
(2) any cannabis plant that is cultivated solely for
the purpose of propagating clones and is never used to
produce cannabis.

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(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff.
5-13-22.)
(410 ILCS 705/5-10)
Sec. 5-10. Department of Agriculture. The Department of
Agriculture shall administer and enforce provisions of this
Act relating to the oversight and registration of cultivation
centers, craft growers, infuser organizations, and
transporting organizations and agents, including the issuance
of identification cards and establishing limits on potency or
serving size for cannabis or cannabis products. The Department
of Agriculture may suspend or revoke the license of, or impose
other penalties upon cultivation centers, craft growers,
infuser organizations, transporting organizations, and their
principal officers, Agents-in-Charge, and agents for
violations of this Act and any rules adopted under this Act.
The Department may adopt rules and emergency rules in
accordance with the Illinois Administrative Procedure Act and
prescribe forms and fees relating to the administration and
enforcement of this amendatory Act of the 103rd General
Assembly, as it deems appropriate.
(Source: P.A. 101-27, eff. 6-25-19.)
(410 ILCS 705/20-30)
Sec. 20-30. Cultivation center requirements; prohibitions.

HB4211 - 23 - LRB103 35162 RLC 65132 b
(a) The operating documents of a cultivation center shall
include procedures for the oversight of the cultivation
center, a cannabis plant monitoring system including a
physical inventory recorded weekly, accurate recordkeeping,
and a staffing plan.
(b) A cultivation center shall implement a security plan
reviewed by the Illinois State Police that includes, but is
not limited to: facility access controls, perimeter intrusion
detection systems, personnel identification systems, 24-hour
surveillance system to monitor the interior and exterior of
the cultivation center facility and accessibility to
authorized law enforcement, the Department of Public Health
where processing takes place, and the Department of
Agriculture in real time.
(c) All cultivation of cannabis by a cultivation center
must take place in an enclosed, locked facility at the
physical address provided to the Department of Agriculture
during the licensing process. The cultivation center location
shall only be accessed by the agents working for the
cultivation center, the Department of Agriculture staff
performing inspections, the Department of Public Health staff
performing inspections, local and State law enforcement or
other emergency personnel, contractors working on jobs
unrelated to cannabis, such as installing or maintaining
security devices or performing electrical wiring, transporting
organization agents as provided in this Act, individuals in a

HB4211 - 24 - LRB103 35162 RLC 65132 b
mentoring or educational program approved by the State, or
other individuals as provided by rule.
(d) A cultivation center may not sell or distribute any
cannabis or cannabis-infused products to any person other than
a dispensing organization, craft grower, infuser organization,
transporter, or as otherwise authorized by rule.
(e) A cultivation center may not either directly or
indirectly discriminate in price between different dispensing
organizations, craft growers, or infuser organizations that
are purchasing a like grade, strain, brand, and quality of
cannabis or cannabis-infused product. Nothing in this
subsection (e) prevents a cultivation center from pricing
cannabis differently based on differences in the cost of
manufacturing or processing, the quantities sold, such as
volume discounts, or the way the products are delivered.
(f) All cannabis harvested by a cultivation center and
intended for distribution to a dispensing organization must be
entered into a data collection system, packaged and labeled
under Section 55-21, and placed into a cannabis container for
transport. All cannabis harvested by a cultivation center and
intended for distribution to a craft grower or infuser
organization must be packaged in a labeled cannabis container
and entered into a data collection system before transport.
(g) Cultivation centers are subject to random inspections
by the Department of Agriculture, the Department of Public
Health, local safety or health inspectors, the Illinois State

HB4211 - 25 - LRB103 35162 RLC 65132 b
Police, or as provided by rule.
(h) A cultivation center agent shall notify local law
enforcement, the Illinois State Police, and the Department of
Agriculture within 24 hours of the discovery of any loss or
theft. Notification shall be made by phone or in person, or by
written or electronic communication.
(i) A cultivation center shall comply with all State and
any applicable federal rules and regulations regarding the use
of pesticides on cannabis plants.
(j) No person or entity shall hold any legal, equitable,
ownership, or beneficial interest, directly or indirectly, of
more than 3 cultivation centers licensed under this Article.
Further, no person or entity that is employed by, an agent of,
has a contract to receive payment in any form from a
cultivation center, is a principal officer of a cultivation
center, or entity controlled by or affiliated with a principal
officer of a cultivation shall hold any legal, equitable,
ownership, or beneficial interest, directly or indirectly, in
a cultivation that would result in the person or entity owning
or controlling in combination with any cultivation center,
principal officer of a cultivation center, or entity
controlled or affiliated with a principal officer of a
cultivation center by which he, she, or it is employed, is an
agent of, or participates in the management of, more than 3
cultivation center licenses.
(k) A cultivation center may not contain more than 210,000

HB4211 - 26 - LRB103 35162 RLC 65132 b
square feet of canopy space for plants in the flowering stage
for cultivation of adult use cannabis as provided in this Act.
(l) A cultivation center may process cannabis, cannabis
concentrates, and cannabis-infused products.
(m) Beginning July 1, 2020, a cultivation center shall not
transport cannabis or cannabis-infused products to a craft
grower, dispensing organization, infuser organization, or
laboratory licensed under this Act, unless it has obtained a
transporting organization license.
(n) It is unlawful for any person having a cultivation
center license or any officer, associate, member,
representative, or agent of such licensee to offer or deliver
money, or anything else of value, directly or indirectly to
any person having an Early Approval Adult Use Dispensing
Organization License, a Conditional Adult Use Dispensing
Organization License, an Adult Use Dispensing Organization
License, or a medical cannabis dispensing organization license
issued under the Compassionate Use of Medical Cannabis Program
Act, or to any person connected with or in any way
representing, or to any member of the family of, such person
holding an Early Approval Adult Use Dispensing Organization
License, a Conditional Adult Use Dispensing Organization
License, an Adult Use Dispensing Organization License, or a
medical cannabis dispensing organization license issued under
the Compassionate Use of Medical Cannabis Program Act, or to
any stockholders in any corporation engaged in the retail sale

HB4211 - 27 - LRB103 35162 RLC 65132 b
of cannabis, or to any officer, manager, agent, or
representative of the Early Approval Adult Use Dispensing
Organization License, a Conditional Adult Use Dispensing
Organization License, an Adult Use Dispensing Organization
License, or a medical cannabis dispensing organization license
issued under the Compassionate Use of Medical Cannabis Program
Act to obtain preferential placement within the dispensing
organization, including, without limitation, on shelves and in
display cases where purchasers can view products, or on the
dispensing organization's website.
(o) A cultivation center must comply with any other
requirements or prohibitions set by administrative rule of the
Department of Agriculture.
(p) Cannabis business entities shall adhere to the
traceability and consumer protection guidelines established by
the Department of Agriculture when utilizing the cannabis
plant monitoring system or cannabis transport GPS tracking
system.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff.
5-13-22.)
(410 ILCS 705/30-30)
Sec. 30-30. Craft grower requirements; prohibitions.
(a) The operating documents of a craft grower shall
include procedures for the oversight of the craft grower, a

HB4211 - 28 - LRB103 35162 RLC 65132 b
cannabis plant monitoring system including a physical
inventory recorded weekly, accurate recordkeeping, and a
staffing plan.
(b) A craft grower shall implement a security plan
reviewed by the Illinois State Police that includes, but is
not limited to: facility access controls, perimeter intrusion
detection systems, personnel identification systems, and a
24-hour surveillance system to monitor the interior and
exterior of the craft grower facility and that is accessible
to authorized law enforcement and the Department of
Agriculture in real time.
(c) All cultivation of cannabis by a craft grower must
take place in an enclosed, locked facility at the physical
address provided to the Department of Agriculture during the
licensing process. The craft grower location shall only be
accessed by the agents working for the craft grower, the
Department of Agriculture staff performing inspections, the
Department of Public Health staff performing inspections,
State and local law enforcement or other emergency personnel,
contractors working on jobs unrelated to cannabis, such as
installing or maintaining security devices or performing
electrical wiring, transporting organization agents as
provided in this Act, or participants in the incubator
program, individuals in a mentoring or educational program
approved by the State, or other individuals as provided by
rule. However, if a craft grower shares a premises with an

HB4211 - 29 - LRB103 35162 RLC 65132 b
infuser or dispensing organization, agents from those other
licensees may access the craft grower portion of the premises
if that is the location of common bathrooms, lunchrooms,
locker rooms, or other areas of the building where work or
cultivation of cannabis is not performed. At no time may an
infuser or dispensing organization agent perform work at a
craft grower without being a registered agent of the craft
grower.
(d) A craft grower may not sell or distribute any cannabis
to any person other than a cultivation center, a craft grower,
an infuser organization, a dispensing organization, or as
otherwise authorized by rule.
(e) A craft grower may not be located in an area zoned for
residential use.
(f) A craft grower may not either directly or indirectly
discriminate in price between different cannabis business
establishments that are purchasing a like grade, strain,
brand, and quality of cannabis or cannabis-infused product.
Nothing in this subsection (f) prevents a craft grower from
pricing cannabis differently based on differences in the cost
of manufacturing or processing, the quantities sold, such as
volume discounts, or the way the products are delivered.
(g) All cannabis harvested by a craft grower and intended
for distribution to a dispensing organization must be entered
into a data collection system, packaged and labeled under
Section 55-21, and, if distribution is to a dispensing

HB4211 - 30 - LRB103 35162 RLC 65132 b
organization that does not share a premises with the
dispensing organization receiving the cannabis, placed into a
cannabis container for transport. All cannabis harvested by a
craft grower and intended for distribution to a cultivation
center, to an infuser organization, or to a craft grower with
which it does not share a premises, must be packaged in a
labeled cannabis container and entered into a data collection
system before transport.
(h) Craft growers are subject to random inspections by the
Department of Agriculture, local safety or health inspectors,
the Illinois State Police, or as provided by rule.
(i) A craft grower agent shall notify local law
enforcement, the Illinois State Police, and the Department of
Agriculture within 24 hours of the discovery of any loss or
theft. Notification shall be made by phone, in person, or
written or electronic communication.
(j) A craft grower shall comply with all State and any
applicable federal rules and regulations regarding the use of
pesticides.
(k) A craft grower or craft grower agent shall not
transport cannabis or cannabis-infused products to any other
cannabis business establishment without a transport
organization license unless:
(i) If the craft grower is located in a county with a
population of 3,000,000 or more, the cannabis business
establishment receiving the cannabis is within 2,000 feet

HB4211 - 31 - LRB103 35162 RLC 65132 b
of the property line of the craft grower;
(ii) If the craft grower is located in a county with a
population of more than 700,000 but fewer than 3,000,000,
the cannabis business establishment receiving the cannabis
is within 2 miles of the craft grower; or
(iii) If the craft grower is located in a county with a
population of fewer than 700,000, the cannabis business
establishment receiving the cannabis is within 15 miles of
the craft grower.
(l) A craft grower may enter into a contract with a
transporting organization to transport cannabis to a
consolidated transport center, a different transporting
organization at the consolidated transport center, a
cultivation center, a craft grower, an infuser organization, a
dispensing organization, or a laboratory. All products
received and shipped to and from a consolidated transport
center shall be tracked within the cannabis plant monitoring
system.
(m) No person or entity shall hold any legal, equitable,
ownership, or beneficial interest, directly or indirectly, of
more than 3 craft grower licenses. Further, no person or
entity that is employed by, an agent of, or has a contract to
receive payment from or participate in the management of a
craft grower, is a principal officer of a craft grower, or
entity controlled by or affiliated with a principal officer of
a craft grower shall hold any legal, equitable, ownership, or

HB4211 - 32 - LRB103 35162 RLC 65132 b
beneficial interest, directly or indirectly, in a craft grower
license that would result in the person or entity owning or
controlling in combination with any craft grower, principal
officer of a craft grower, or entity controlled or affiliated
with a principal officer of a craft grower by which he, she, or
it is employed, is an agent of, or participates in the
management of more than 3 craft grower licenses.
(n) It is unlawful for any person having a craft grower
license or any officer, associate, member, representative, or
agent of the licensee to offer or deliver money, or anything
else of value, directly or indirectly, to any person having an
Early Approval Adult Use Dispensing Organization License, a
Conditional Adult Use Dispensing Organization License, an
Adult Use Dispensing Organization License, or a medical
cannabis dispensing organization license issued under the
Compassionate Use of Medical Cannabis Program Act, or to any
person connected with or in any way representing, or to any
member of the family of, the person holding an Early Approval
Adult Use Dispensing Organization License, a Conditional Adult
Use Dispensing Organization License, an Adult Use Dispensing
Organization License, or a medical cannabis dispensing
organization license issued under the Compassionate Use of
Medical Cannabis Program Act, or to any stockholders in any
corporation engaged in the retail sale of cannabis, or to any
officer, manager, agent, or representative of the Early
Approval Adult Use Dispensing Organization License, a

HB4211 - 33 - LRB103 35162 RLC 65132 b
Conditional Adult Use Dispensing Organization License, an
Adult Use Dispensing Organization License, or a medical
cannabis dispensing organization license issued under the
Compassionate Use of Medical Cannabis Program Act to obtain
preferential placement within the dispensing organization,
including, without limitation, on shelves and in display cases
where purchasers can view products, or on the dispensing
organization's website.
(o) A craft grower shall not be located within 1,500 feet
of another craft grower or a cultivation center.
(p) A craft grower may process cannabis, cannabis
concentrates, and cannabis-infused products.
(q) A craft grower must comply with any other requirements
or prohibitions set by administrative rule of the Department
of Agriculture.
(r) Cannabis business entities shall adhere to the
traceability and consumer protection guidelines established by
the Department of Agriculture when utilizing the cannabis
plant monitoring system or cannabis transport GPS tracking
system.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff.
5-13-22.)
(410 ILCS 705/35-25)
Sec. 35-25. Infuser organization requirements;

HB4211 - 34 - LRB103 35162 RLC 65132 b
prohibitions.
(a) The operating documents of an infuser shall include
procedures for the oversight of the infuser, an inventory
monitoring system including a physical inventory recorded
weekly, accurate recordkeeping, and a staffing plan.
(b) An infuser shall implement a security plan reviewed by
the Illinois State Police that includes, but is not limited
to: facility access controls, perimeter intrusion detection
systems, personnel identification systems, and a 24-hour
surveillance system to monitor the interior and exterior of
the infuser facility and that is accessible to authorized law
enforcement, the Department of Public Health, and the
Department of Agriculture in real time.
(c) All processing of cannabis by an infuser must take
place in an enclosed, locked facility at the physical address
provided to the Department of Agriculture during the licensing
process. The infuser location shall only be accessed by the
agents working for the infuser, the Department of Agriculture
staff performing inspections, the Department of Public Health
staff performing inspections, State and local law enforcement
or other emergency personnel, contractors working on jobs
unrelated to cannabis, such as installing or maintaining
security devices or performing electrical wiring, transporting
organization agents as provided in this Act, participants in
the incubator program, individuals in a mentoring or
educational program approved by the State, local safety or

HB4211 - 35 - LRB103 35162 RLC 65132 b
health inspectors, or other individuals as provided by rule.
However, if an infuser shares a premises with a craft grower or
dispensing organization, agents from these other licensees may
access the infuser portion of the premises if that is the
location of common bathrooms, lunchrooms, locker rooms, or
other areas of the building where processing of cannabis is
not performed. At no time may a craft grower or dispensing
organization agent perform work at an infuser without being a
registered agent of the infuser.
(d) An infuser may not sell or distribute any cannabis to
any person other than a dispensing organization, or as
otherwise authorized by rule.
(e) An infuser may not either directly or indirectly
discriminate in price between different cannabis business
establishments that are purchasing a like grade, strain,
brand, and quality of cannabis or cannabis-infused product.
Nothing in this subsection (e) prevents an infuser from
pricing cannabis differently based on differences in the cost
of manufacturing or processing, the quantities sold, such
volume discounts, or the way the products are delivered.
(f) All cannabis infused by an infuser and intended for
distribution to a dispensing organization must be entered into
a data collection system, packaged and labeled under Section
55-21, and, if distribution is to a dispensing organization
that does not share a premises with the infuser, placed into a
cannabis container for transport. All cannabis produced by an

HB4211 - 36 - LRB103 35162 RLC 65132 b
infuser and intended for distribution to a cultivation center,
infuser organization, or craft grower with which it does not
share a premises, must be packaged in a labeled cannabis
container and entered into a data collection system before
transport.
(g) Infusers are subject to random inspections by the
Department of Agriculture, the Department of Public Health,
the Illinois State Police, local law enforcement, or as
provided by rule.
(h) An infuser agent shall notify local law enforcement,
the Illinois State Police, and the Department of Agriculture
within 24 hours of the discovery of any loss or theft.
Notification shall be made by phone, in person, or by written
or electronic communication.
(i) An infuser organization may not be located in an area
zoned for residential use.
(j) An infuser or infuser agent shall not transport
cannabis or cannabis-infused products to any other cannabis
business establishment without a transport organization
license unless:
(i) If the infuser is located in a county with a
population of 3,000,000 or more, the cannabis business
establishment receiving the cannabis or cannabis-infused
product is within 2,000 feet of the property line of the
infuser;
(ii) If the infuser is located in a county with a

HB4211 - 37 - LRB103 35162 RLC 65132 b
population of more than 700,000 but fewer than 3,000,000,
the cannabis business establishment receiving the cannabis
or cannabis-infused product is within 2 miles of the
infuser; or
(iii) If the infuser is located in a county with a
population of fewer than 700,000, the cannabis business
establishment receiving the cannabis or cannabis-infused
product is within 15 miles of the infuser.
(k) An infuser may enter into a contract with a
transporting organization to transport cannabis to a
consolidated transport center, a different transporting
organization at a consolidated transport center, a dispensing
organization, or a laboratory. All products received and
shipped to and from a consolidated transport center shall be
tracked within the cannabis plant monitoring system.
(l) An infuser organization may share premises with a
craft grower or a dispensing organization, or both, provided
each licensee stores currency and cannabis or cannabis-infused
products in a separate secured vault to which the other
licensee does not have access or all licensees sharing a vault
share more than 50% of the same ownership.
(m) It is unlawful for any person or entity having an
infuser organization license or any officer, associate,
member, representative or agent of such licensee to offer or
deliver money, or anything else of value, directly or
indirectly to any person having an Early Approval Adult Use

HB4211 - 38 - LRB103 35162 RLC 65132 b
Dispensing Organization License, a Conditional Adult Use
Dispensing Organization License, an Adult Use Dispensing
Organization License, or a medical cannabis dispensing
organization license issued under the Compassionate Use of
Medical Cannabis Program Act, or to any person connected with
or in any way representing, or to any member of the family of,
such person holding an Early Approval Adult Use Dispensing
Organization License, a Conditional Adult Use Dispensing
Organization License, an Adult Use Dispensing Organization
License, or a medical cannabis dispensing organization license
issued under the Compassionate Use of Medical Cannabis Program
Act, or to any stockholders in any corporation engaged the
retail sales of cannabis, or to any officer, manager, agent,
or representative of the Early Approval Adult Use Dispensing
Organization License, a Conditional Adult Use Dispensing
Organization License, an Adult Use Dispensing Organization
License, or a medical cannabis dispensing organization license
issued under the Compassionate Use of Medical Cannabis Program
Act to obtain preferential placement within the dispensing
organization, including, without limitation, on shelves and in
display cases where purchasers can view products, or on the
dispensing organization's website.
(n) At no time shall an infuser organization or an infuser
agent perform the extraction of cannabis concentrate from
cannabis flower.
(o) Cannabis business entities shall adhere to the

HB4211 - 39 - LRB103 35162 RLC 65132 b
traceability and consumer protection guidelines established by
the Department of Agriculture when utilizing the cannabis
plant monitoring system or cannabis transport GPS tracking
system.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff.
5-13-22.)
(410 ILCS 705/40-5)
Sec. 40-5. Issuance of licenses.
(a) The Department shall issue transporting licenses
through a process provided for in this Article no later than
July 1, 2020. Entities awarded a license under this Section
may defer paying the associated license fee for a period of no
more than 3 years.
(b) The Department shall make the application for
transporting organization licenses available on January 7,
2020 and shall receive such applications no later than March
15, 2020. The Department of Agriculture shall make available
such applications on every January 7 thereafter or if that
date falls on a weekend or holiday, the business day
immediately succeeding the weekend or holiday and shall
receive such applications no later than March 15 or the
succeeding business day thereafter.
(c) From January 1, 2024 through January 1, 2026, the
Department shall not issue any transporting licenses other

HB4211 - 40 - LRB103 35162 RLC 65132 b
than those issued under subsection (a) before the effective
date of this amendatory Act of the 103rd General Assembly.
(d) Upon completion of the disparity and availability
study published by the Illinois Cannabis Regulation Oversight
Officer under subsection (e) of Section 5-45, the Department
of Agriculture may modify or change the licensing application
process to reduce or eliminate barriers and remedy
discrimination identified in the study. Beginning January 1,
2026, the Department of Agriculture shall make the
applications available on every January 7 thereafter or, if
that date falls on a weekend or holiday, the business day
immediately succeeding the weekend or holiday and shall
receive the applications no later than March 15 or the
succeeding business day thereafter.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
(410 ILCS 705/40-25)
Sec. 40-25. Transporting organization requirements;
prohibitions.
(a) The operating documents of a transporting organization
shall include procedures for the oversight of the transporter,
an inventory monitoring system including a physical inventory
recorded weekly, accurate recordkeeping, and a staffing plan.
(b) A transporting organization may not transport cannabis
or cannabis-infused products to any person other than a
cultivation center, a craft grower, an infuser organization, a

HB4211 - 41 - LRB103 35162 RLC 65132 b
dispensing organization, a testing facility, a consolidated
transport center, or as otherwise authorized by rule.
(c) All cannabis transported by a transporting
organization must be entered into a data collection system and
placed into a cannabis container for transport.
(d) Transporters are subject to random inspections by the
Department of Agriculture, the Department of Public Health,
the Illinois State Police, or as provided by rule.
(e) A transporting organization agent shall notify local
law enforcement, the Illinois State Police, and the Department
of Agriculture within 24 hours of the discovery of any loss or
theft. Notification shall be made by phone, in person, or by
written or electronic communication.
(f) No person under the age of 21 years shall be in a
commercial vehicle or trailer transporting cannabis goods.
(g) No person or individual who is not a transporting
organization agent shall be in a vehicle while transporting
cannabis goods.
(h) Transporters may not use commercial motor vehicles
with a weight rating of over 10,001 pounds.
(i) It is unlawful for any person to offer or deliver
money, or anything else of value, directly or indirectly, to
any of the following persons to obtain preferential placement
within the dispensing organization, including, without
limitation, on shelves and in display cases where purchasers
can view products, or on the dispensing organization's

HB4211 - 42 - LRB103 35162 RLC 65132 b
website:
(1) a person having a transporting organization
license, or any officer, associate, member,
representative, or agent of the licensee;
(2) a person having an Early Applicant Adult Use
Dispensing Organization License, an Adult Use Dispensing
Organization License, or a medical cannabis dispensing
organization license issued under the Compassionate Use of
Medical Cannabis Program Act;
(3) a person connected with or in any way
representing, or a member of the family of, a person
holding an Early Applicant Adult Use Dispensing
Organization License, an Adult Use Dispensing Organization
License, or a medical cannabis dispensing organization
license issued under the Compassionate Use of Medical
Cannabis Program Act; or
(4) a stockholder, officer, manager, agent, or
representative of a corporation engaged in the retail sale
of cannabis, an Early Applicant Adult Use Dispensing
Organization License, an Adult Use Dispensing Organization
License, or a medical cannabis dispensing organization
license issued under the Compassionate Use of Medical
Cannabis Program Act.
(j) A transporting organization agent must keep his or her
identification card visible at all times when on the property
of a cannabis business establishment and during the

HB4211 - 43 - LRB103 35162 RLC 65132 b
transporting of cannabis when acting under his or her duties
as a transportation organization agent. During these times,
the transporting organization agent must also provide the
identification card upon request of any law enforcement
officer engaged in his or her official duties.
(k) A copy of the transporting organization's registration
and a manifest for the delivery shall be present in any vehicle
transporting cannabis.
(l) Cannabis shall be transported so it is not visible or
recognizable from outside the vehicle.
(m) A vehicle transporting cannabis must not bear any
markings to indicate the vehicle contains cannabis or bear the
name or logo of the cannabis business establishment.
(n) Cannabis must be transported in an enclosed, locked
storage compartment that is secured or affixed to the vehicle.
(o) The Department of Agriculture may, by rule, impose any
other requirements or prohibitions on the transportation of
cannabis.
(p) No person, cannabis business establishment, or entity
other than a licensed transportation organization shall
transport cannabis or cannabis-infused products on behalf of a
cannabis business establishment to or from a consolidated
transport center, unless otherwise authorized by rule.
(q) Cannabis business entities shall adhere to the
traceability and consumer protection guidelines established by
the Department of Agriculture when utilizing the cannabis

HB4211 - 44 - LRB103 35162 RLC 65132 b
plant monitoring system or cannabis transport GPS tracking
system.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff.
5-13-22.)
(410 ILCS 705/40-50 new)
Sec. 40-50. Consolidated transport center requirements;
prohibitions.
(a) The operating documents of a consolidated transport
center shall include procedures for the oversight of the
consolidated transport center and a cannabis or
cannabis-infused products monitoring system, including, a
physical inventory recorded weekly, accurate recordkeeping,
and a staffing plan that is available to the Department of
Revenue, the Department of Agriculture, the Department of
Financial and Professional Regulation, and the Illinois State
Police.
(b) A consolidated transport center shall implement a
security plan reviewed by the Illinois State Police that
includes, but is not limited to, facility access controls,
perimeter intrusion detection systems, personnel
identification systems, 24-hour surveillance system to monitor
the interior and exterior of the consolidated transport
center, and accessibility to authorized law enforcement and
the Department of Agriculture in real time.

HB4211 - 45 - LRB103 35162 RLC 65132 b
(c) All consolidating transport center activities by a
consolidated transport center must take place in an enclosed,
fenced, and locked facility at the physical address provided
to the Department of Agriculture during the licensing process.
The consolidated transport center location shall only be
accessed by the agents working for the consolidated transport
center, the Department of Agriculture staff performing
inspections, local and State law enforcement or other
emergency personnel, contractors working on jobs unrelated to
cannabis, such as installing or maintaining security devices
or performing electrical wiring, transporting organization
agents as provided in this Act, individuals in a mentoring or
educational program approved by the State, or other
individuals as provided by rule.
(d) A consolidated transport center may not distribute any
cannabis or cannabis-infused products to any person other than
a dispensing organization, craft grower, infuser organization,
transporter, consolidated transport center, or as otherwise
authorized by rule.
(e) All cannabis or cannabis-infused products received by
a consolidated transport center for distribution to a cannabis
business establishment must be entered into the cannabis plant
monitoring system, packaged and labeled under Section 55-21,
and placed into a cannabis container for transport.
(f) Consolidated transport centers are subject to random
inspections by the Department of Agriculture, local safety or

HB4211 - 46 - LRB103 35162 RLC 65132 b
health inspectors, and the Illinois State Police.
(g) A consolidated transport center agent shall notify
local law enforcement, the Illinois State Police, and the
Department of Agriculture within 24 hours of the discovery of
any loss or theft. Notification shall be made by phone, in
person, or by written or electronic communication.
(h) No person or entity shall hold any legal, equitable,
ownership, or beneficial interest, directly or indirectly, of
more than 3 consolidated transport center licenses under this
Act. Further, no person or entity that is employed by a
cannabis business establishment, an agent of a cannabis
business establishment, has a contract to receive payment in
any form from a cannabis business establishment, is a
principal officer of a cannabis business establishment, or is
an entity controlled by or affiliated with a principal officer
of a cannabis business establishment shall hold any legal,
equitable, ownership, or beneficial interest, directly or
indirectly, in a cannabis business establishment that would
result in the person or entity owning or controlling in
combination with any cannabis business establishment,
principal officer of a cannabis business establishment, or
entity controlled or affiliated with a principal officer of a
cannabis business establishment by which he, she, or it is
employed, is an agent of, or participates in the management
of, more than 3 consolidated transport center licenses.
(i) It is unlawful for any person having a consolidated

HB4211 - 47 - LRB103 35162 RLC 65132 b
transport center license or any officer, associate, member,
representative, or agent of such licensee to offer or deliver
money, or anything else of value, directly or indirectly to
any person having an Early Approval Adult Use Dispensing
Organization License, a Conditional Adult Use Dispensing
Organization License, an Adult Use Dispensing Organization
License, or a medical cannabis dispensing organization license
issued under the Compassionate Use of Medical Cannabis Program
Act, or to any person connected with or in any way
representing, or to any member of the family of, such person
holding an Early Approval Adult Use Dispensing Organization
License, a Conditional Adult Use Dispensing Organization
License, an Adult Use Dispensing Organization License, or a
medical cannabis dispensing organization license issued under
the Compassionate Use of Medical Cannabis Program Act, or to
any stockholders in any corporation engaged in the retail sale
of cannabis, or to any officer, manager, agent, or
representative of the Early Approval Adult Use Dispensing
Organization License, a Conditional Adult Use Dispensing
Organization License, an Adult Use Dispensing Organization
License, or a medical cannabis dispensing organization license
issued under the Compassionate Use of Medical Cannabis Program
Act to obtain preferential placement within the dispensing
organization, including, without limitation, on shelves and in
display cases where purchasers can view products, or on the
dispensing organization's website.

HB4211 - 48 - LRB103 35162 RLC 65132 b
(j) A consolidated transport center must comply with the
application process, mandatory fees, compliance requirements,
and prohibitions set by administrative rules of the Department
of Agriculture.
(k) All fees and fines collected under this Section shall
be deposited into the Cannabis Regulation Fund, unless
otherwise specified by rule by the Department of Agriculture.
(l) A consolidated transport center may not transfer an
ownership interest in a license without prior Department
approval. Such approval may be withheld if the person or
entity to whom the license is being transferred does not meet
the definition of independent social equity transporting
organization under this Act.