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
 
HB4211LRB103 35162 RLC 65132 b


1 AN ACT concerning health.

2 Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:

4 Section 5. The Illinois Administrative Procedure Act is 
5amended by adding Section 5-45.55 as follows:

6 (5 ILCS 100/5-45.55 new)
7 Sec. 5-45.55. Emergency rulemaking; this amendatory Act of 
8the 103rd General Assembly. To provide for the expeditious and 
9timely implementation of this amendatory Act of the 103rd 
10General Assembly, emergency rules implementing this amendatory 
11Act of the 103rd General Assembly may be adopted in accordance 
12with Section 5-45 by the Department of Agriculture. The 
13adoption of emergency rules authorized by Section 5-45 and 
14this Section is deemed to be necessary for the public 
15interest, safety, and welfare.
16 This Section is repealed one year after the effective date 
17of this amendatory Act of the 103rd General Assembly.

18 Section 10. The Cannabis Regulation and Tax Act is amended 
19by changing Sections 1-10, 5-10, 20-30, 30-30, 35-25, 40-5, 
20and 40-25 and by adding Section 40-50 as follows:

21 (410 ILCS 705/1-10)
 
 
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1 Sec. 1-10. Definitions. In this Act:
2 "Adult Use Cultivation Center License" means a license 
3issued by the Department of Agriculture that permits a person 
4to act as a cultivation center under this Act and any 
5administrative rule made in furtherance of this Act.
6 "Adult Use Dispensing Organization License" means a 
7license issued by the Department of Financial and Professional 
8Regulation that permits a person to act as a dispensing 
9organization under this Act and any administrative rule made 
10in furtherance of this Act.
11 "Advertise" means to engage in promotional activities 
12including, but not limited to: newspaper, radio, Internet and 
13electronic media, and television advertising; the distribution 
14of fliers and circulars; billboard advertising; and the 
15display of window and interior signs. "Advertise" does not 
16mean exterior signage displaying only the name of the licensed 
17cannabis business establishment.
18 "Application points" means the number of points a 
19Dispensary Applicant receives on an application for a 
20Conditional Adult Use Dispensing Organization License.
21 "BLS Region" means a region in Illinois used by the United 
22States Bureau of Labor Statistics to gather and categorize 
23certain employment and wage data. The 17 such regions in 
24Illinois are: Bloomington, Cape Girardeau, Carbondale-Marion, 
25Champaign-Urbana, Chicago-Naperville-Elgin, Danville, 
26Davenport-Moline-Rock Island, Decatur, Kankakee, Peoria, 
 
 
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1Rockford, St. Louis, Springfield, Northwest Illinois 
2nonmetropolitan area, West Central Illinois nonmetropolitan 
3area, East Central Illinois nonmetropolitan area, and South 
4Illinois nonmetropolitan area.
5 "By lot" means a randomized method of choosing between 2 
6or more Eligible Tied Applicants or 2 or more Qualifying 
7Applicants.
8 "Cannabis" means marijuana, hashish, and other substances 
9that are identified as including any parts of the plant 
10Cannabis sativa and including derivatives or subspecies, such 
11as indica, of all strains of cannabis, whether growing or not; 
12the seeds thereof, the resin extracted from any part of the 
13plant; and any compound, manufacture, salt, derivative, 
14mixture, or preparation of the plant, its seeds, or resin, 
15including tetrahydrocannabinol (THC) and all other naturally 
16produced cannabinol derivatives, whether produced directly or 
17indirectly by extraction; however, "cannabis" does not include 
18the mature stalks of the plant, fiber produced from the 
19stalks, oil or cake made from the seeds of the plant, any other 
20compound, manufacture, salt, derivative, mixture, or 
21preparation of the mature stalks (except the resin extracted 
22from it), fiber, oil or cake, or the sterilized seed of the 
23plant that is incapable of germination. "Cannabis" does not 
24include industrial hemp as defined and authorized under the 
25Industrial Hemp Act. "Cannabis" also means cannabis flower, 
26concentrate, and cannabis-infused products.
 
 
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1 "Cannabis business establishment" means a cultivation 
2center, craft grower, processing organization, infuser 
3organization, dispensing organization, or transporting 
4organization.
5 "Cannabis concentrate" means a product derived from 
6cannabis that is produced by extracting cannabinoids, 
7including tetrahydrocannabinol (THC), from the plant through 
8the use of propylene glycol, glycerin, butter, olive oil, or 
9other typical cooking fats; water, ice, or dry ice; or butane, 
10propane, CO2, ethanol, or isopropanol and with the intended 
11use of smoking or making a cannabis-infused product. The use 
12of any other solvent is expressly prohibited unless and until 
13it is approved by the Department of Agriculture.
14 "Cannabis container" means a sealed or resealable, 
15traceable, container, or package used for the purpose of 
16containment of cannabis or cannabis-infused product during 
17transportation.
18 "Cannabis flower" means marijuana, hashish, and other 
19substances that are identified as including any parts of the 
20plant Cannabis sativa and including derivatives or subspecies, 
21such as indica, of all strains of cannabis; including raw 
22kief, leaves, and buds, but not resin that has been extracted 
23from any part of such plant; nor any compound, manufacture, 
24salt, derivative, mixture, or preparation of such plant, its 
25seeds, or resin.
26 "Cannabis-infused product" means a beverage, food, oil, 
 
 
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1ointment, tincture, topical formulation, or another product 
2containing cannabis or cannabis concentrate that is not 
3intended to be smoked.
4 "Cannabis paraphernalia" means equipment, products, or 
5materials intended to be used for planting, propagating, 
6cultivating, growing, harvesting, manufacturing, producing, 
7processing, preparing, testing, analyzing, packaging, 
8repackaging, storing, containing, concealing, ingesting, or 
9otherwise introducing cannabis into the human body.
10 "Cannabis plant monitoring system" or "plant monitoring 
11system" means a system that includes, but is not limited to, 
12testing and data collection established and maintained by the 
13cultivation center, craft grower, or processing organization 
14and that is available to the Department of Revenue, the 
15Department of Agriculture, the Department of Financial and 
16Professional Regulation, and the Illinois State Police for the 
17purposes of documenting each cannabis plant and monitoring 
18plant development throughout the life cycle of a cannabis 
19plant cultivated for the intended use by a customer from seed 
20planting to final packaging.
21 "Cannabis testing facility" means an entity registered by 
22the Department of Agriculture to test cannabis for potency and 
23contaminants.
24 "Cannabis transport GPS tracking system" means a system 
25that includes, but is not limited to, real-time tracking, 
26tracing, and recording of global positioning system data for 
 
 
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1licensed transporter vehicles registered with the Department 
2of Agriculture to transport cannabis and cannabis-infused 
3products.
4 "Clone" means a plant section from a female cannabis plant 
5not yet rootbound, growing in a water solution or other 
6propagation matrix, that is capable of developing into a new 
7plant.
8 "Community College Cannabis Vocational Training Pilot 
9Program faculty participant" means a person who is 21 years of 
10age or older, licensed by the Department of Agriculture, and 
11is employed or contracted by an Illinois community college to 
12provide student instruction using cannabis plants at an 
13Illinois Community College.
14 "Community College Cannabis Vocational Training Pilot 
15Program faculty participant Agent Identification Card" means a 
16document issued by the Department of Agriculture that 
17identifies a person as a Community College Cannabis Vocational 
18Training Pilot Program faculty participant.
19 "Conditional Adult Use Dispensing Organization License" 
20means a contingent license awarded to applicants for an Adult 
21Use Dispensing Organization License that reserves the right to 
22an Adult Use Dispensing Organization License if the applicant 
23meets certain conditions described in this Act, but does not 
24entitle the recipient to begin purchasing or selling cannabis 
25or cannabis-infused products.
26 "Conditional Adult Use Cultivation Center License" means a 
 
 
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1license awarded to top-scoring applicants for an Adult Use 
2Cultivation Center License that reserves the right to an Adult 
3Use Cultivation Center License if the applicant meets certain 
4conditions as determined by the Department of Agriculture by 
5rule, but does not entitle the recipient to begin growing, 
6processing, or selling cannabis or cannabis-infused products.
7 "Consolidated transport center" means a facility licensed 
8by the Department of Agriculture that is: (i) integrated with 
9access controls, cameras, and alarms; (ii) owned and operated 
10by an independent social equity transporting organization; and 
11(iii) used for unloading products from vehicles, sorting and 
12securely storing products, and reloading products onto 
13licensed and registered transport vehicles before being 
14shipped to cannabis business establishments.
15 "Craft grower" means a facility operated by an 
16organization or business that is licensed by the Department of 
17Agriculture to cultivate, dry, cure, and package cannabis and 
18perform other necessary activities to make cannabis available 
19for sale at a dispensing organization or use at a processing 
20organization. A craft grower may contain up to 5,000 square 
21feet of canopy space on its premises for plants in the 
22flowering state. The Department of Agriculture may authorize 
23an increase or decrease of flowering stage cultivation space 
24in increments of 3,000 square feet by rule based on market 
25need, craft grower capacity, and the licensee's history of 
26compliance or noncompliance, with a maximum space of 14,000 
 
 
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1square feet for cultivating plants in the flowering stage, 
2which must be cultivated in all stages of growth in an enclosed 
3and secure area. A craft grower may share premises with a 
4processing organization or a dispensing organization, or both, 
5provided each licensee stores currency and cannabis or 
6cannabis-infused products in a separate secured vault to which 
7the other licensee does not have access or all licensees 
8sharing a vault share more than 50% of the same ownership.
9 "Craft grower agent" means a principal officer, board 
10member, employee, or other agent of a craft grower who is 21 
11years of age or older.
12 "Craft Grower Agent Identification Card" means a document 
13issued by the Department of Agriculture that identifies a 
14person as a craft grower agent.
15 "Cultivation center" means a facility operated by an 
16organization or business that is licensed by the Department of 
17Agriculture to cultivate, process, transport (unless otherwise 
18limited by this Act), and perform other necessary activities 
19to provide cannabis and cannabis-infused products to cannabis 
20business establishments.
21 "Cultivation center agent" means a principal officer, 
22board member, employee, or other agent of a cultivation center 
23who is 21 years of age or older.
24 "Cultivation Center Agent Identification Card" means a 
25document issued by the Department of Agriculture that 
26identifies a person as a cultivation center agent.
 
 
HB4211- 9 -LRB103 35162 RLC 65132 b


1 "Currency" means currency and coin of the United States.
2 "Dispensary" means a facility operated by a dispensing 
3organization at which activities licensed by this Act may 
4occur.
5 "Dispensary Applicant" means the Proposed Dispensing 
6Organization Name as stated on an application for a 
7Conditional Adult Use Dispensing Organization License.
8 "Dispensing organization" means a facility operated by an 
9organization or business that is licensed by the Department of 
10Financial and Professional Regulation to acquire cannabis from 
11a cultivation center, craft grower, processing organization, 
12or another dispensary for the purpose of selling or dispensing 
13cannabis, cannabis-infused products, cannabis seeds, 
14paraphernalia, or related supplies under this Act to 
15purchasers or to qualified registered medical cannabis 
16patients and caregivers. As used in this Act, "dispensing 
17organization" includes a registered medical cannabis 
18organization as defined in the Compassionate Use of Medical 
19Cannabis Program Act or its successor Act that has obtained an 
20Early Approval Adult Use Dispensing Organization License.
21 "Dispensing organization agent" means a principal officer, 
22employee, or agent of a dispensing organization who is 21 
23years of age or older.
24 "Dispensing organization agent identification card" means 
25a document issued by the Department of Financial and 
26Professional Regulation that identifies a person as a 
 
 
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1dispensing organization agent.
2 "Disproportionately Impacted Area" means a census tract or 
3comparable geographic area that satisfies the following 
4criteria as determined by the Department of Commerce and 
5Economic Opportunity, that:
6  (1) meets at least one of the following criteria:
7   (A) the area has a poverty rate of at least 20% 
8 according to the latest federal decennial census; or
9   (B) 75% or more of the children in the area 
10 participate in the federal free lunch program 
11 according to reported statistics from the State Board 
12 of Education; or
13   (C) at least 20% of the households in the area 
14 receive assistance under the Supplemental Nutrition 
15 Assistance Program; or
16   (D) the area has an average unemployment rate, as 
17 determined by the Illinois Department of Employment 
18 Security, that is more than 120% of the national 
19 unemployment average, as determined by the United 
20 States Department of Labor, for a period of at least 2 
21 consecutive calendar years preceding the date of the 
22 application; and
23  (2) has high rates of arrest, conviction, and 
24 incarceration related to the sale, possession, use, 
25 cultivation, manufacture, or transport of cannabis.
26 "Early Approval Adult Use Cultivation Center License" 
 
 
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1means a license that permits a medical cannabis cultivation 
2center licensed under the Compassionate Use of Medical 
3Cannabis Program Act as of the effective date of this Act to 
4begin cultivating, infusing, packaging, transporting (unless 
5otherwise provided in this Act), processing, and selling 
6cannabis or cannabis-infused product to cannabis business 
7establishments for resale to purchasers as permitted by this 
8Act as of January 1, 2020.
9 "Early Approval Adult Use Dispensing Organization License" 
10means a license that permits a medical cannabis dispensing 
11organization licensed under the Compassionate Use of Medical 
12Cannabis Program Act as of the effective date of this Act to 
13begin selling cannabis or cannabis-infused product to 
14purchasers as permitted by this Act as of January 1, 2020.
15 "Early Approval Adult Use Dispensing Organization at a 
16secondary site" means a license that permits a medical 
17cannabis dispensing organization licensed under the 
18Compassionate Use of Medical Cannabis Program Act as of the 
19effective date of this Act to begin selling cannabis or 
20cannabis-infused product to purchasers as permitted by this 
21Act on January 1, 2020 at a different dispensary location from 
22its existing registered medical dispensary location.
23 "Eligible Tied Applicant" means a Tied Applicant that is 
24eligible to participate in the process by which a remaining 
25available license is distributed by lot pursuant to a Tied 
26Applicant Lottery.
 
 
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1 "Enclosed, locked facility" means a room, greenhouse, 
2building, or other enclosed area equipped with locks or other 
3security devices that permit access only by cannabis business 
4establishment agents working for the licensed cannabis 
5business establishment or acting pursuant to this Act to 
6cultivate, process, store, or distribute cannabis.
7 "Enclosed, locked space" means a closet, room, greenhouse, 
8building, or other enclosed area equipped with locks or other 
9security devices that permit access only by authorized 
10individuals under this Act. "Enclosed, locked space" may 
11include:
12  (1) a space within a residential building that (i) is 
13 the primary residence of the individual cultivating 5 or 
14 fewer cannabis plants that are more than 5 inches tall and 
15 (ii) includes sleeping quarters and indoor plumbing. The 
16 space must only be accessible by a key or code that is 
17 different from any key or code that can be used to access 
18 the residential building from the exterior; or
19  (2) a structure, such as a shed or greenhouse, that 
20 lies on the same plot of land as a residential building 
21 that (i) includes sleeping quarters and indoor plumbing 
22 and (ii) is used as a primary residence by the person 
23 cultivating 5 or fewer cannabis plants that are more than 
24 5 inches tall, such as a shed or greenhouse. The structure 
25 must remain locked when it is unoccupied by people.
26 "Financial institution" has the same meaning as "financial 
 
 
HB4211- 13 -LRB103 35162 RLC 65132 b


1organization" as defined in Section 1501 of the Illinois 
2Income Tax Act, and also includes the holding companies, 
3subsidiaries, and affiliates of such financial organizations.
4 "Flowering stage" means the stage of cultivation where and 
5when a cannabis plant is cultivated to produce plant material 
6for cannabis products. This includes mature plants as follows:
7  (1) if greater than 2 stigmas are visible at each 
8 internode of the plant; or
9  (2) if the cannabis plant is in an area that has been 
10 intentionally deprived of light for a period of time 
11 intended to produce flower buds and induce maturation, 
12 from the moment the light deprivation began through the 
13 remainder of the marijuana plant growth cycle.
14 "Individual" means a natural person.
15 "Independent social equity transporting organization" 
16means a transporting organization that is not owned in whole 
17or in part by a cultivation center, dispensing organization, 
18processing organization, or any principal officer of a 
19cultivation center, dispensing organization, or processing 
20organization.
21 "Infuser organization" or "infuser" means a facility 
22operated by an organization or business that is licensed by 
23the Department of Agriculture to directly incorporate cannabis 
24or cannabis concentrate into a product formulation to produce 
25a cannabis-infused product.
26 "Kief" means the resinous crystal-like trichomes that are 
 
 
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1found on cannabis and that are accumulated, resulting in a 
2higher concentration of cannabinoids, untreated by heat or 
3pressure, or extracted using a solvent.
4 "Labor peace agreement" means an agreement between a 
5cannabis business establishment and any labor organization 
6recognized under the National Labor Relations Act, referred to 
7in this Act as a bona fide labor organization, that prohibits 
8labor organizations and members from engaging in picketing, 
9work stoppages, boycotts, and any other economic interference 
10with the cannabis business establishment. This agreement means 
11that the cannabis business establishment has agreed not to 
12disrupt efforts by the bona fide labor organization to 
13communicate with, and attempt to organize and represent, the 
14cannabis business establishment's employees. The agreement 
15shall provide a bona fide labor organization access at 
16reasonable times to areas in which the cannabis business 
17establishment's employees work, for the purpose of meeting 
18with employees to discuss their right to representation, 
19employment rights under State law, and terms and conditions of 
20employment. This type of agreement shall not mandate a 
21particular method of election or certification of the bona 
22fide labor organization.
23 "Limited access area" means a room or other area under the 
24control of a cannabis dispensing organization licensed under 
25this Act and upon the licensed premises where cannabis sales 
26occur with access limited to purchasers, dispensing 
 
 
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1organization owners and other dispensing organization agents, 
2or service professionals conducting business with the 
3dispensing organization, or, if sales to registered qualifying 
4patients, caregivers, provisional patients, and Opioid 
5Alternative Pilot Program participants licensed pursuant to 
6the Compassionate Use of Medical Cannabis Program Act are also 
7permitted at the dispensary, registered qualifying patients, 
8caregivers, provisional patients, and Opioid Alternative Pilot 
9Program participants. 
10 "Member of an impacted family" means an individual who has 
11a parent, legal guardian, child, spouse, or dependent, or was 
12a dependent of an individual who, prior to the effective date 
13of this Act, was arrested for, convicted of, or adjudicated 
14delinquent for any offense that is eligible for expungement 
15under this Act.
16 "Mother plant" means a cannabis plant that is cultivated 
17or maintained for the purpose of generating clones, and that 
18will not be used to produce plant material for sale to an 
19infuser or dispensing organization.
20 "Ordinary public view" means within the sight line with 
21normal visual range of a person, unassisted by visual aids, 
22from a public street or sidewalk adjacent to real property, or 
23from within an adjacent property.
24 "Ownership and control" means ownership of at least 51% of 
25the business, including corporate stock if a corporation, and 
26control over the management and day-to-day operations of the 
 
 
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1business and an interest in the capital, assets, and profits 
2and losses of the business proportionate to percentage of 
3ownership.
4 "Person" means a natural individual, firm, partnership, 
5association, joint stock company, joint venture, public or 
6private corporation, limited liability company, or a receiver, 
7executor, trustee, guardian, or other representative appointed 
8by order of any court.
9 "Possession limit" means the amount of cannabis under 
10Section 10-10 that may be possessed at any one time by a person 
1121 years of age or older or who is a registered qualifying 
12medical cannabis patient or caregiver under the Compassionate 
13Use of Medical Cannabis Program Act.
14 "Principal officer" includes a cannabis business 
15establishment applicant or licensed cannabis business 
16establishment's board member, owner with more than 1% interest 
17of the total cannabis business establishment or more than 5% 
18interest of the total cannabis business establishment of a 
19publicly traded company, president, vice president, secretary, 
20treasurer, partner, officer, member, manager member, or person 
21with a profit sharing, financial interest, or revenue sharing 
22arrangement. The definition includes a person with authority 
23to control the cannabis business establishment, a person who 
24assumes responsibility for the debts of the cannabis business 
25establishment and who is further defined in this Act.
26 "Primary residence" means a dwelling where a person 
 
 
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1usually stays or stays more often than other locations. It may 
2be determined by, without limitation, presence, tax filings; 
3address on an Illinois driver's license, an Illinois 
4Identification Card, or an Illinois Person with a Disability 
5Identification Card; or voter registration. No person may have 
6more than one primary residence.
7 "Processing organization" or "processor" means a facility 
8operated by an organization or business that is licensed by 
9the Department of Agriculture to either extract constituent 
10chemicals or compounds to produce cannabis concentrate or 
11incorporate cannabis or cannabis concentrate into a product 
12formulation to produce a cannabis product.
13 "Processing organization agent" means a principal officer, 
14board member, employee, or agent of a processing organization.
15 "Processing organization agent identification card" means 
16a document issued by the Department of Agriculture that 
17identifies a person as a processing organization agent.
18 "Purchaser" means a person 21 years of age or older who 
19acquires cannabis for a valuable consideration. "Purchaser" 
20does not include a cardholder under the Compassionate Use of 
21Medical Cannabis Program Act.
22 "Qualifying Applicant" means an applicant that submitted 
23an application pursuant to Section 15-30 that received at 
24least 85% of 250 application points available under Section 
2515-30 as the applicant's final score and meets the definition 
26of "Social Equity Applicant" as set forth under this Section.
 
 
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1 "Qualifying Social Equity Justice Involved Applicant" 
2means an applicant that submitted an application pursuant to 
3Section 15-30 that received at least 85% of 250 application 
4points available under Section 15-30 as the applicant's final 
5score and meets the criteria of either paragraph (1) or (2) of 
6the definition of "Social Equity Applicant" as set forth under 
7this Section.
8 "Qualified Social Equity Applicant" means a Social Equity 
9Applicant who has been awarded a conditional license under 
10this Act to operate a cannabis business establishment.
11 "Resided" means an individual's primary residence was 
12located within the relevant geographic area as established by 
132 of the following:
14  (1) a signed lease agreement that includes the 
15 applicant's name;
16  (2) a property deed that includes the applicant's 
17 name;
18  (3) school records;
19  (4) a voter registration card;
20  (5) an Illinois driver's license, an Illinois 
21 Identification Card, or an Illinois Person with a 
22 Disability Identification Card;
23  (6) a paycheck stub;
24  (7) a utility bill;
25  (8) tax records; or
26  (9) any other proof of residency or other information 
 
 
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1 necessary to establish residence as provided by rule.
2 "Smoking" means the inhalation of smoke caused by the 
3combustion of cannabis.
4 "Social Equity Applicant" means an applicant that is an 
5Illinois resident that meets one of the following criteria:
6  (1) an applicant with at least 51% ownership and 
7 control by one or more individuals who have resided for at 
8 least 5 of the preceding 10 years in a Disproportionately 
9 Impacted Area;
10  (2) an applicant with at least 51% ownership and 
11 control by one or more individuals who:
12   (i) have been arrested for, convicted of, or 
13 adjudicated delinquent for any offense that is 
14 eligible for expungement under this Act; or
15   (ii) is a member of an impacted family;
16  (3) for applicants with a minimum of 10 full-time 
17 employees, an applicant with at least 51% of current 
18 employees who:
19   (i) currently reside in a Disproportionately 
20 Impacted Area; or
21   (ii) have been arrested for, convicted of, or 
22 adjudicated delinquent for any offense that is 
23 eligible for expungement under this Act or member of 
24 an impacted family.
25 Nothing in this Act shall be construed to preempt or limit 
26the duties of any employer under the Job Opportunities for 
 
 
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1Qualified Applicants Act. Nothing in this Act shall permit an 
2employer to require an employee to disclose sealed or expunged 
3offenses, unless otherwise required by law.
4 "Tied Applicant" means an application submitted by a 
5Dispensary Applicant pursuant to Section 15-30 that received 
6the same number of application points under Section 15-30 as 
7the Dispensary Applicant's final score as one or more 
8top-scoring applications in the same BLS Region and would have 
9been awarded a license but for the one or more other 
10top-scoring applications that received the same number of 
11application points. Each application for which a Dispensary 
12Applicant was required to pay a required application fee for 
13the application period ending January 2, 2020 shall be 
14considered an application of a separate Tied Applicant.
15 "Tied Applicant Lottery" means the process established 
16under 68 Ill. Adm. Code 1291.50 for awarding Conditional Adult 
17Use Dispensing Organization Licenses pursuant to Sections 
1815-25 and 15-30 among Eligible Tied Applicants.
19 "Tincture" means a cannabis-infused solution, typically 
20comprised of alcohol, glycerin, or vegetable oils, derived 
21either directly from the cannabis plant or from a processed 
22cannabis extract. A tincture is not an alcoholic liquor as 
23defined in the Liquor Control Act of 1934. A tincture shall 
24include a calibrated dropper or other similar device capable 
25of accurately measuring servings.
26 "Transporting organization" or "transporter" means an 
 
 
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1organization or business that is licensed by the Department of 
2Agriculture to transport cannabis or cannabis-infused product 
3on behalf of a cannabis business establishment or a community 
4college licensed under the Community College Cannabis 
5Vocational Training Pilot Program.
6 "Transporting organization agent" means a principal 
7officer, board member, employee, or agent of a transporting 
8organization.
9 "Transporting organization agent identification card" 
10means a document issued by the Department of Agriculture that 
11identifies a person as a transporting organization agent.
12 "Unit of local government" means any county, city, 
13village, or incorporated town.
14 "Vegetative stage" means the stage of cultivation in which 
15a cannabis plant is propagated to produce additional cannabis 
16plants or reach a sufficient size for production. This 
17includes seedlings, clones, mothers, and other immature 
18cannabis plants as follows:
19  (1) if the cannabis plant is in an area that has not 
20 been intentionally deprived of light for a period of time 
21 intended to produce flower buds and induce maturation, it 
22 has no more than 2 stigmas visible at each internode of the 
23 cannabis plant; or
24  (2) any cannabis plant that is cultivated solely for 
25 the purpose of propagating clones and is never used to 
26 produce cannabis.
 
 
HB4211- 22 -LRB103 35162 RLC 65132 b


1(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 
2102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff. 
35-13-22.)

4 (410 ILCS 705/5-10)
5 Sec. 5-10. Department of Agriculture. The Department of 
6Agriculture shall administer and enforce provisions of this 
7Act relating to the oversight and registration of cultivation 
8centers, craft growers, infuser organizations, and 
9transporting organizations and agents, including the issuance 
10of identification cards and establishing limits on potency or 
11serving size for cannabis or cannabis products. The Department 
12of Agriculture may suspend or revoke the license of, or impose 
13other penalties upon cultivation centers, craft growers, 
14infuser organizations, transporting organizations, and their 
15principal officers, Agents-in-Charge, and agents for 
16violations of this Act and any rules adopted under this Act.
17 The Department may adopt rules and emergency rules in 
18accordance with the Illinois Administrative Procedure Act and 
19prescribe forms and fees relating to the administration and 
20enforcement of this amendatory Act of the 103rd General 
21Assembly, as it deems appropriate.
22(Source: P.A. 101-27, eff. 6-25-19.)

23 (410 ILCS 705/20-30)
24 Sec. 20-30. Cultivation center requirements; prohibitions. 
 
 
HB4211- 23 -LRB103 35162 RLC 65132 b


1 (a) The operating documents of a cultivation center shall 
2include procedures for the oversight of the cultivation 
3center, a cannabis plant monitoring system including a 
4physical inventory recorded weekly, accurate recordkeeping, 
5and a staffing plan.
6 (b) A cultivation center shall implement a security plan 
7reviewed by the Illinois State Police that includes, but is 
8not limited to: facility access controls, perimeter intrusion 
9detection systems, personnel identification systems, 24-hour 
10surveillance system to monitor the interior and exterior of 
11the cultivation center facility and accessibility to 
12authorized law enforcement, the Department of Public Health 
13where processing takes place, and the Department of 
14Agriculture in real time.
15 (c) All cultivation of cannabis by a cultivation center 
16must take place in an enclosed, locked facility at the 
17physical address provided to the Department of Agriculture 
18during the licensing process. The cultivation center location 
19shall only be accessed by the agents working for the 
20cultivation center, the Department of Agriculture staff 
21performing inspections, the Department of Public Health staff 
22performing inspections, local and State law enforcement or 
23other emergency personnel, contractors working on jobs 
24unrelated to cannabis, such as installing or maintaining 
25security devices or performing electrical wiring, transporting 
26organization agents as provided in this Act, individuals in a 
 
 
HB4211- 24 -LRB103 35162 RLC 65132 b


1mentoring or educational program approved by the State, or 
2other individuals as provided by rule.
3 (d) A cultivation center may not sell or distribute any 
4cannabis or cannabis-infused products to any person other than 
5a dispensing organization, craft grower, infuser organization, 
6transporter, or as otherwise authorized by rule.
7 (e) A cultivation center may not either directly or 
8indirectly discriminate in price between different dispensing 
9organizations, craft growers, or infuser organizations that 
10are purchasing a like grade, strain, brand, and quality of 
11cannabis or cannabis-infused product. Nothing in this 
12subsection (e) prevents a cultivation center from pricing 
13cannabis differently based on differences in the cost of 
14manufacturing or processing, the quantities sold, such as 
15volume discounts, or the way the products are delivered.
16 (f) All cannabis harvested by a cultivation center and 
17intended for distribution to a dispensing organization must be 
18entered into a data collection system, packaged and labeled 
19under Section 55-21, and placed into a cannabis container for 
20transport. All cannabis harvested by a cultivation center and 
21intended for distribution to a craft grower or infuser 
22organization must be packaged in a labeled cannabis container 
23and entered into a data collection system before transport.
24 (g) Cultivation centers are subject to random inspections 
25by the Department of Agriculture, the Department of Public 
26Health, local safety or health inspectors, the Illinois State 
 
 
HB4211- 25 -LRB103 35162 RLC 65132 b


1Police, or as provided by rule.
2 (h) A cultivation center agent shall notify local law 
3enforcement, the Illinois State Police, and the Department of 
4Agriculture within 24 hours of the discovery of any loss or 
5theft. Notification shall be made by phone or in person, or by 
6written or electronic communication.
7 (i) A cultivation center shall comply with all State and 
8any applicable federal rules and regulations regarding the use 
9of pesticides on cannabis plants.
10 (j) No person or entity shall hold any legal, equitable, 
11ownership, or beneficial interest, directly or indirectly, of 
12more than 3 cultivation centers licensed under this Article. 
13Further, no person or entity that is employed by, an agent of, 
14has a contract to receive payment in any form from a 
15cultivation center, is a principal officer of a cultivation 
16center, or entity controlled by or affiliated with a principal 
17officer of a cultivation shall hold any legal, equitable, 
18ownership, or beneficial interest, directly or indirectly, in 
19a cultivation that would result in the person or entity owning 
20or controlling in combination with any cultivation center, 
21principal officer of a cultivation center, or entity 
22controlled or affiliated with a principal officer of a 
23cultivation center by which he, she, or it is employed, is an 
24agent of, or participates in the management of, more than 3 
25cultivation center licenses.
26 (k) A cultivation center may not contain more than 210,000 
 
 
HB4211- 26 -LRB103 35162 RLC 65132 b


1square feet of canopy space for plants in the flowering stage 
2for cultivation of adult use cannabis as provided in this Act.
3 (l) A cultivation center may process cannabis, cannabis 
4concentrates, and cannabis-infused products.
5 (m) Beginning July 1, 2020, a cultivation center shall not 
6transport cannabis or cannabis-infused products to a craft 
7grower, dispensing organization, infuser organization, or 
8laboratory licensed under this Act, unless it has obtained a 
9transporting organization license.
10 (n) It is unlawful for any person having a cultivation 
11center license or any officer, associate, member, 
12representative, or agent of such licensee to offer or deliver 
13money, or anything else of value, directly or indirectly to 
14any person having an Early Approval Adult Use Dispensing 
15Organization License, a Conditional Adult Use Dispensing 
16Organization License, an Adult Use Dispensing Organization 
17License, or a medical cannabis dispensing organization license 
18issued under the Compassionate Use of Medical Cannabis Program 
19Act, or to any person connected with or in any way 
20representing, or to any member of the family of, such person 
21holding an Early Approval Adult Use Dispensing Organization 
22License, a Conditional Adult Use Dispensing Organization 
23License, an Adult Use Dispensing Organization License, or a 
24medical cannabis dispensing organization license issued under 
25the Compassionate Use of Medical Cannabis Program Act, or to 
26any stockholders in any corporation engaged in the retail sale 
 
 
HB4211- 27 -LRB103 35162 RLC 65132 b


1of cannabis, or to any officer, manager, agent, or 
2representative of the Early Approval Adult Use Dispensing 
3Organization License, a Conditional Adult Use Dispensing 
4Organization License, an Adult Use Dispensing Organization 
5License, or a medical cannabis dispensing organization license 
6issued under the Compassionate Use of Medical Cannabis Program 
7Act to obtain preferential placement within the dispensing 
8organization, including, without limitation, on shelves and in 
9display cases where purchasers can view products, or on the 
10dispensing organization's website.
11 (o) A cultivation center must comply with any other 
12requirements or prohibitions set by administrative rule of the 
13Department of Agriculture.
14 (p) Cannabis business entities shall adhere to the 
15traceability and consumer protection guidelines established by 
16the Department of Agriculture when utilizing the cannabis 
17plant monitoring system or cannabis transport GPS tracking 
18system.
19(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 
20102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff. 
215-13-22.)

22 (410 ILCS 705/30-30)
23 Sec. 30-30. Craft grower requirements; prohibitions. 
24 (a) The operating documents of a craft grower shall 
25include procedures for the oversight of the craft grower, a 
 
 
HB4211- 28 -LRB103 35162 RLC 65132 b


1cannabis plant monitoring system including a physical 
2inventory recorded weekly, accurate recordkeeping, and a 
3staffing plan.
4 (b) A craft grower shall implement a security plan 
5reviewed by the Illinois State Police that includes, but is 
6not limited to: facility access controls, perimeter intrusion 
7detection systems, personnel identification systems, and a 
824-hour surveillance system to monitor the interior and 
9exterior of the craft grower facility and that is accessible 
10to authorized law enforcement and the Department of 
11Agriculture in real time.
12 (c) All cultivation of cannabis by a craft grower must 
13take place in an enclosed, locked facility at the physical 
14address provided to the Department of Agriculture during the 
15licensing process. The craft grower location shall only be 
16accessed by the agents working for the craft grower, the 
17Department of Agriculture staff performing inspections, the 
18Department of Public Health staff performing inspections, 
19State and local law enforcement or other emergency personnel, 
20contractors working on jobs unrelated to cannabis, such as 
21installing or maintaining security devices or performing 
22electrical wiring, transporting organization agents as 
23provided in this Act, or participants in the incubator 
24program, individuals in a mentoring or educational program 
25approved by the State, or other individuals as provided by 
26rule. However, if a craft grower shares a premises with an 
 
 
HB4211- 29 -LRB103 35162 RLC 65132 b


1infuser or dispensing organization, agents from those other 
2licensees may access the craft grower portion of the premises 
3if that is the location of common bathrooms, lunchrooms, 
4locker rooms, or other areas of the building where work or 
5cultivation of cannabis is not performed. At no time may an 
6infuser or dispensing organization agent perform work at a 
7craft grower without being a registered agent of the craft 
8grower.
9 (d) A craft grower may not sell or distribute any cannabis 
10to any person other than a cultivation center, a craft grower, 
11an infuser organization, a dispensing organization, or as 
12otherwise authorized by rule.
13 (e) A craft grower may not be located in an area zoned for 
14residential use.
15 (f) A craft grower may not either directly or indirectly 
16discriminate in price between different cannabis business 
17establishments that are purchasing a like grade, strain, 
18brand, and quality of cannabis or cannabis-infused product. 
19Nothing in this subsection (f) prevents a craft grower from 
20pricing cannabis differently based on differences in the cost 
21of manufacturing or processing, the quantities sold, such as 
22volume discounts, or the way the products are delivered.
23 (g) All cannabis harvested by a craft grower and intended 
24for distribution to a dispensing organization must be entered 
25into a data collection system, packaged and labeled under 
26Section 55-21, and, if distribution is to a dispensing 
 
 
HB4211- 30 -LRB103 35162 RLC 65132 b


1organization that does not share a premises with the 
2dispensing organization receiving the cannabis, placed into a 
3cannabis container for transport. All cannabis harvested by a 
4craft grower and intended for distribution to a cultivation 
5center, to an infuser organization, or to a craft grower with 
6which it does not share a premises, must be packaged in a 
7labeled cannabis container and entered into a data collection 
8system before transport.
9 (h) Craft growers are subject to random inspections by the 
10Department of Agriculture, local safety or health inspectors, 
11the Illinois State Police, or as provided by rule.
12 (i) A craft grower agent shall notify local law 
13enforcement, the Illinois State Police, and the Department of 
14Agriculture within 24 hours of the discovery of any loss or 
15theft. Notification shall be made by phone, in person, or 
16written or electronic communication.
17 (j) A craft grower shall comply with all State and any 
18applicable federal rules and regulations regarding the use of 
19pesticides.
20 (k) A craft grower or craft grower agent shall not 
21transport cannabis or cannabis-infused products to any other 
22cannabis business establishment without a transport 
23organization license unless:
24  (i) If the craft grower is located in a county with a 
25 population of 3,000,000 or more, the cannabis business 
26 establishment receiving the cannabis is within 2,000 feet 
 
 
HB4211- 31 -LRB103 35162 RLC 65132 b


1 of the property line of the craft grower;
2  (ii) If the craft grower is located in a county with a 
3 population of more than 700,000 but fewer than 3,000,000, 
4 the cannabis business establishment receiving the cannabis 
5 is within 2 miles of the craft grower; or
6  (iii) If the craft grower is located in a county with a 
7 population of fewer than 700,000, the cannabis business 
8 establishment receiving the cannabis is within 15 miles of 
9 the craft grower.
10 (l) A craft grower may enter into a contract with a 
11transporting organization to transport cannabis to a 
12consolidated transport center, a different transporting 
13organization at the consolidated transport center, a 
14cultivation center, a craft grower, an infuser organization, a 
15dispensing organization, or a laboratory. All products 
16received and shipped to and from a consolidated transport 
17center shall be tracked within the cannabis plant monitoring 
18system.
19 (m) No person or entity shall hold any legal, equitable, 
20ownership, or beneficial interest, directly or indirectly, of 
21more than 3 craft grower licenses. Further, no person or 
22entity that is employed by, an agent of, or has a contract to 
23receive payment from or participate in the management of a 
24craft grower, is a principal officer of a craft grower, or 
25entity controlled by or affiliated with a principal officer of 
26a craft grower shall hold any legal, equitable, ownership, or 
 
 
HB4211- 32 -LRB103 35162 RLC 65132 b


1beneficial interest, directly or indirectly, in a craft grower 
2license that would result in the person or entity owning or 
3controlling in combination with any craft grower, principal 
4officer of a craft grower, or entity controlled or affiliated 
5with a principal officer of a craft grower by which he, she, or 
6it is employed, is an agent of, or participates in the 
7management of more than 3 craft grower licenses.
8 (n) It is unlawful for any person having a craft grower 
9license or any officer, associate, member, representative, or 
10agent of the licensee to offer or deliver money, or anything 
11else of value, directly or indirectly, to any person having an 
12Early Approval Adult Use Dispensing Organization License, a 
13Conditional Adult Use Dispensing Organization License, an 
14Adult Use Dispensing Organization License, or a medical 
15cannabis dispensing organization license issued under the 
16Compassionate Use of Medical Cannabis Program Act, or to any 
17person connected with or in any way representing, or to any 
18member of the family of, the person holding an Early Approval 
19Adult Use Dispensing Organization License, a Conditional Adult 
20Use Dispensing Organization License, an Adult Use Dispensing 
21Organization License, or a medical cannabis dispensing 
22organization license issued under the Compassionate Use of 
23Medical Cannabis Program Act, or to any stockholders in any 
24corporation engaged in the retail sale of cannabis, or to any 
25officer, manager, agent, or representative of the Early 
26Approval Adult Use Dispensing Organization License, a 
 
 
HB4211- 33 -LRB103 35162 RLC 65132 b


1Conditional Adult Use Dispensing Organization License, an 
2Adult Use Dispensing Organization License, or a medical 
3cannabis dispensing organization license issued under the 
4Compassionate Use of Medical Cannabis Program Act to obtain 
5preferential placement within the dispensing organization, 
6including, without limitation, on shelves and in display cases 
7where purchasers can view products, or on the dispensing 
8organization's website.
9 (o) A craft grower shall not be located within 1,500 feet 
10of another craft grower or a cultivation center.
11 (p) A craft grower may process cannabis, cannabis 
12concentrates, and cannabis-infused products.
13 (q) A craft grower must comply with any other requirements 
14or prohibitions set by administrative rule of the Department 
15of Agriculture.
16 (r) Cannabis business entities shall adhere to the 
17traceability and consumer protection guidelines established by 
18the Department of Agriculture when utilizing the cannabis 
19plant monitoring system or cannabis transport GPS tracking 
20system.
21(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 
22102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff. 
235-13-22.)

24 (410 ILCS 705/35-25)
25 Sec. 35-25. Infuser organization requirements; 
 
 
HB4211- 34 -LRB103 35162 RLC 65132 b


1prohibitions. 
2 (a) The operating documents of an infuser shall include 
3procedures for the oversight of the infuser, an inventory 
4monitoring system including a physical inventory recorded 
5weekly, accurate recordkeeping, and a staffing plan.
6 (b) An infuser shall implement a security plan reviewed by 
7the Illinois State Police that includes, but is not limited 
8to: facility access controls, perimeter intrusion detection 
9systems, personnel identification systems, and a 24-hour 
10surveillance system to monitor the interior and exterior of 
11the infuser facility and that is accessible to authorized law 
12enforcement, the Department of Public Health, and the 
13Department of Agriculture in real time.
14 (c) All processing of cannabis by an infuser must take 
15place in an enclosed, locked facility at the physical address 
16provided to the Department of Agriculture during the licensing 
17process. The infuser location shall only be accessed by the 
18agents working for the infuser, the Department of Agriculture 
19staff performing inspections, the Department of Public Health 
20staff performing inspections, State and local law enforcement 
21or other emergency personnel, contractors working on jobs 
22unrelated to cannabis, such as installing or maintaining 
23security devices or performing electrical wiring, transporting 
24organization agents as provided in this Act, participants in 
25the incubator program, individuals in a mentoring or 
26educational program approved by the State, local safety or 
 
 
HB4211- 35 -LRB103 35162 RLC 65132 b


1health inspectors, or other individuals as provided by rule. 
2However, if an infuser shares a premises with a craft grower or 
3dispensing organization, agents from these other licensees may 
4access the infuser portion of the premises if that is the 
5location of common bathrooms, lunchrooms, locker rooms, or 
6other areas of the building where processing of cannabis is 
7not performed. At no time may a craft grower or dispensing 
8organization agent perform work at an infuser without being a 
9registered agent of the infuser.
10 (d) An infuser may not sell or distribute any cannabis to 
11any person other than a dispensing organization, or as 
12otherwise authorized by rule.
13 (e) An infuser may not either directly or indirectly 
14discriminate in price between different cannabis business 
15establishments that are purchasing a like grade, strain, 
16brand, and quality of cannabis or cannabis-infused product. 
17Nothing in this subsection (e) prevents an infuser from 
18pricing cannabis differently based on differences in the cost 
19of manufacturing or processing, the quantities sold, such 
20volume discounts, or the way the products are delivered.
21 (f) All cannabis infused by an infuser and intended for 
22distribution to a dispensing organization must be entered into 
23a data collection system, packaged and labeled under Section 
2455-21, and, if distribution is to a dispensing organization 
25that does not share a premises with the infuser, placed into a 
26cannabis container for transport. All cannabis produced by an 
 
 
HB4211- 36 -LRB103 35162 RLC 65132 b


1infuser and intended for distribution to a cultivation center, 
2infuser organization, or craft grower with which it does not 
3share a premises, must be packaged in a labeled cannabis 
4container and entered into a data collection system before 
5transport.
6 (g) Infusers are subject to random inspections by the 
7Department of Agriculture, the Department of Public Health, 
8the Illinois State Police, local law enforcement, or as 
9provided by rule.
10 (h) An infuser agent shall notify local law enforcement, 
11the Illinois State Police, and the Department of Agriculture 
12within 24 hours of the discovery of any loss or theft. 
13Notification shall be made by phone, in person, or by written 
14or electronic communication.
15 (i) An infuser organization may not be located in an area 
16zoned for residential use.
17 (j) An infuser or infuser agent shall not transport 
18cannabis or cannabis-infused products to any other cannabis 
19business establishment without a transport organization 
20license unless:
21  (i) If the infuser is located in a county with a 
22 population of 3,000,000 or more, the cannabis business 
23 establishment receiving the cannabis or cannabis-infused 
24 product is within 2,000 feet of the property line of the 
25 infuser;
26  (ii) If the infuser is located in a county with a 
 
 
HB4211- 37 -LRB103 35162 RLC 65132 b


1 population of more than 700,000 but fewer than 3,000,000, 
2 the cannabis business establishment receiving the cannabis 
3 or cannabis-infused product is within 2 miles of the 
4 infuser; or
5  (iii) If the infuser is located in a county with a 
6 population of fewer than 700,000, the cannabis business 
7 establishment receiving the cannabis or cannabis-infused 
8 product is within 15 miles of the infuser.
9 (k) An infuser may enter into a contract with a 
10transporting organization to transport cannabis to a 
11consolidated transport center, a different transporting 
12organization at a consolidated transport center, a dispensing 
13organization, or a laboratory. All products received and 
14shipped to and from a consolidated transport center shall be 
15tracked within the cannabis plant monitoring system.
16 (l) An infuser organization may share premises with a 
17craft grower or a dispensing organization, or both, provided 
18each licensee stores currency and cannabis or cannabis-infused 
19products in a separate secured vault to which the other 
20licensee does not have access or all licensees sharing a vault 
21share more than 50% of the same ownership.
22 (m) It is unlawful for any person or entity having an 
23infuser organization license or any officer, associate, 
24member, representative or agent of such licensee to offer or 
25deliver money, or anything else of value, directly or 
26indirectly to any person having an Early Approval Adult Use 
 
 
HB4211- 38 -LRB103 35162 RLC 65132 b


1Dispensing Organization License, a Conditional Adult Use 
2Dispensing Organization License, an Adult Use Dispensing 
3Organization License, or a medical cannabis dispensing 
4organization license issued under the Compassionate Use of 
5Medical Cannabis Program Act, or to any person connected with 
6or in any way representing, or to any member of the family of, 
7such person holding an Early Approval Adult Use Dispensing 
8Organization License, a Conditional Adult Use Dispensing 
9Organization License, an Adult Use Dispensing Organization 
10License, or a medical cannabis dispensing organization license 
11issued under the Compassionate Use of Medical Cannabis Program 
12Act, or to any stockholders in any corporation engaged the 
13retail sales of cannabis, or to any officer, manager, agent, 
14or representative of the Early Approval Adult Use Dispensing 
15Organization License, a Conditional Adult Use Dispensing 
16Organization License, an Adult Use Dispensing Organization 
17License, or a medical cannabis dispensing organization license 
18issued under the Compassionate Use of Medical Cannabis Program 
19Act to obtain preferential placement within the dispensing 
20organization, including, without limitation, on shelves and in 
21display cases where purchasers can view products, or on the 
22dispensing organization's website.
23 (n) At no time shall an infuser organization or an infuser 
24agent perform the extraction of cannabis concentrate from 
25cannabis flower.
26 (o) Cannabis business entities shall adhere to the 
 
 
HB4211- 39 -LRB103 35162 RLC 65132 b


1traceability and consumer protection guidelines established by 
2the Department of Agriculture when utilizing the cannabis 
3plant monitoring system or cannabis transport GPS tracking 
4system.
5(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 
6102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff. 
75-13-22.)

8 (410 ILCS 705/40-5)
9 Sec. 40-5. Issuance of licenses. 
10 (a) The Department shall issue transporting licenses 
11through a process provided for in this Article no later than 
12July 1, 2020. Entities awarded a license under this Section 
13may defer paying the associated license fee for a period of no 
14more than 3 years. 
15 (b) The Department shall make the application for 
16transporting organization licenses available on January 7, 
172020 and shall receive such applications no later than March 
1815, 2020. The Department of Agriculture shall make available 
19such applications on every January 7 thereafter or if that 
20date falls on a weekend or holiday, the business day 
21immediately succeeding the weekend or holiday and shall 
22receive such applications no later than March 15 or the 
23succeeding business day thereafter. 
24 (c) From January 1, 2024 through January 1, 2026, the 
25Department shall not issue any transporting licenses other 
 
 
HB4211- 40 -LRB103 35162 RLC 65132 b


1than those issued under subsection (a) before the effective 
2date of this amendatory Act of the 103rd General Assembly. 
3 (d) Upon completion of the disparity and availability 
4study published by the Illinois Cannabis Regulation Oversight 
5Officer under subsection (e) of Section 5-45, the Department 
6of Agriculture may modify or change the licensing application 
7process to reduce or eliminate barriers and remedy 
8discrimination identified in the study. Beginning January 1, 
92026, the Department of Agriculture shall make the 
10applications available on every January 7 thereafter or, if 
11that date falls on a weekend or holiday, the business day 
12immediately succeeding the weekend or holiday and shall 
13receive the applications no later than March 15 or the 
14succeeding business day thereafter. 
15(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)

16 (410 ILCS 705/40-25)
17 Sec. 40-25. Transporting organization requirements; 
18prohibitions. 
19 (a) The operating documents of a transporting organization 
20shall include procedures for the oversight of the transporter, 
21an inventory monitoring system including a physical inventory 
22recorded weekly, accurate recordkeeping, and a staffing plan.
23 (b) A transporting organization may not transport cannabis 
24or cannabis-infused products to any person other than a 
25cultivation center, a craft grower, an infuser organization, a 
 
 
HB4211- 41 -LRB103 35162 RLC 65132 b


1dispensing organization, a testing facility, a consolidated 
2transport center, or as otherwise authorized by rule.
3 (c) All cannabis transported by a transporting 
4organization must be entered into a data collection system and 
5placed into a cannabis container for transport.
6 (d) Transporters are subject to random inspections by the 
7Department of Agriculture, the Department of Public Health, 
8the Illinois State Police, or as provided by rule.
9 (e) A transporting organization agent shall notify local 
10law enforcement, the Illinois State Police, and the Department 
11of Agriculture within 24 hours of the discovery of any loss or 
12theft. Notification shall be made by phone, in person, or by 
13written or electronic communication.
14 (f) No person under the age of 21 years shall be in a 
15commercial vehicle or trailer transporting cannabis goods.
16 (g) No person or individual who is not a transporting 
17organization agent shall be in a vehicle while transporting 
18cannabis goods.
19 (h) Transporters may not use commercial motor vehicles 
20with a weight rating of over 10,001 pounds.
21 (i) It is unlawful for any person to offer or deliver 
22money, or anything else of value, directly or indirectly, to 
23any of the following persons to obtain preferential placement 
24within the dispensing organization, including, without 
25limitation, on shelves and in display cases where purchasers 
26can view products, or on the dispensing organization's 
 
 
HB4211- 42 -LRB103 35162 RLC 65132 b


1website:
2  (1) a person having a transporting organization 
3 license, or any officer, associate, member, 
4 representative, or agent of the licensee;
5  (2) a person having an Early Applicant Adult Use 
6 Dispensing Organization License, an Adult Use Dispensing 
7 Organization License, or a medical cannabis dispensing 
8 organization license issued under the Compassionate Use of 
9 Medical Cannabis Program Act;
10  (3) a person connected with or in any way 
11 representing, or a member of the family of, a person 
12 holding an Early Applicant Adult Use Dispensing 
13 Organization License, an Adult Use Dispensing Organization 
14 License, or a medical cannabis dispensing organization 
15 license issued under the Compassionate Use of Medical 
16 Cannabis Program Act; or
17  (4) a stockholder, officer, manager, agent, or 
18 representative of a corporation engaged in the retail sale 
19 of cannabis, an Early Applicant Adult Use Dispensing 
20 Organization License, an Adult Use Dispensing Organization 
21 License, or a medical cannabis dispensing organization 
22 license issued under the Compassionate Use of Medical 
23 Cannabis Program Act.
24 (j) A transporting organization agent must keep his or her 
25identification card visible at all times when on the property 
26of a cannabis business establishment and during the 
 
 
HB4211- 43 -LRB103 35162 RLC 65132 b


1transporting of cannabis when acting under his or her duties 
2as a transportation organization agent. During these times, 
3the transporting organization agent must also provide the 
4identification card upon request of any law enforcement 
5officer engaged in his or her official duties.
6 (k) A copy of the transporting organization's registration 
7and a manifest for the delivery shall be present in any vehicle 
8transporting cannabis.
9 (l) Cannabis shall be transported so it is not visible or 
10recognizable from outside the vehicle.
11 (m) A vehicle transporting cannabis must not bear any 
12markings to indicate the vehicle contains cannabis or bear the 
13name or logo of the cannabis business establishment.
14 (n) Cannabis must be transported in an enclosed, locked 
15storage compartment that is secured or affixed to the vehicle.
16 (o) The Department of Agriculture may, by rule, impose any 
17other requirements or prohibitions on the transportation of 
18cannabis.
19 (p) No person, cannabis business establishment, or entity 
20other than a licensed transportation organization shall 
21transport cannabis or cannabis-infused products on behalf of a 
22cannabis business establishment to or from a consolidated 
23transport center, unless otherwise authorized by rule.
24 (q) Cannabis business entities shall adhere to the 
25traceability and consumer protection guidelines established by 
26the Department of Agriculture when utilizing the cannabis 
 
 
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1plant monitoring system or cannabis transport GPS tracking 
2system.
3(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 
4102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff. 
55-13-22.)

6 (410 ILCS 705/40-50 new)
7 Sec. 40-50. Consolidated transport center requirements; 
8prohibitions.
9 (a) The operating documents of a consolidated transport 
10center shall include procedures for the oversight of the 
11consolidated transport center and a cannabis or 
12cannabis-infused products monitoring system, including, a 
13physical inventory recorded weekly, accurate recordkeeping, 
14and a staffing plan that is available to the Department of 
15Revenue, the Department of Agriculture, the Department of 
16Financial and Professional Regulation, and the Illinois State 
17Police.
18 (b) A consolidated transport center shall implement a 
19security plan reviewed by the Illinois State Police that 
20includes, but is not limited to, facility access controls, 
21perimeter intrusion detection systems, personnel 
22identification systems, 24-hour surveillance system to monitor 
23the interior and exterior of the consolidated transport 
24center, and accessibility to authorized law enforcement and 
25the Department of Agriculture in real time.
 
 
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1 (c) All consolidating transport center activities by a 
2consolidated transport center must take place in an enclosed, 
3fenced, and locked facility at the physical address provided 
4to the Department of Agriculture during the licensing process. 
5The consolidated transport center location shall only be 
6accessed by the agents working for the consolidated transport 
7center, the Department of Agriculture staff performing 
8inspections, local and State law enforcement or other 
9emergency personnel, contractors working on jobs unrelated to 
10cannabis, such as installing or maintaining security devices 
11or performing electrical wiring, transporting organization 
12agents as provided in this Act, individuals in a mentoring or 
13educational program approved by the State, or other 
14individuals as provided by rule.
15 (d) A consolidated transport center may not distribute any 
16cannabis or cannabis-infused products to any person other than 
17a dispensing organization, craft grower, infuser organization, 
18transporter, consolidated transport center, or as otherwise 
19authorized by rule.
20 (e) All cannabis or cannabis-infused products received by 
21a consolidated transport center for distribution to a cannabis 
22business establishment must be entered into the cannabis plant 
23monitoring system, packaged and labeled under Section 55-21, 
24and placed into a cannabis container for transport.
25 (f) Consolidated transport centers are subject to random 
26inspections by the Department of Agriculture, local safety or 
 
 
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1health inspectors, and the Illinois State Police.
2 (g) A consolidated transport center agent shall notify 
3local law enforcement, the Illinois State Police, and the 
4Department of Agriculture within 24 hours of the discovery of 
5any loss or theft. Notification shall be made by phone, in 
6person, or by written or electronic communication.
7 (h) No person or entity shall hold any legal, equitable, 
8ownership, or beneficial interest, directly or indirectly, of 
9more than 3 consolidated transport center licenses under this 
10Act. Further, no person or entity that is employed by a 
11cannabis business establishment, an agent of a cannabis 
12business establishment, has a contract to receive payment in 
13any form from a cannabis business establishment, is a 
14principal officer of a cannabis business establishment, or is 
15an entity controlled by or affiliated with a principal officer 
16of a cannabis business establishment shall hold any legal, 
17equitable, ownership, or beneficial interest, directly or 
18indirectly, in a cannabis business establishment that would 
19result in the person or entity owning or controlling in 
20combination with any cannabis business establishment, 
21principal officer of a cannabis business establishment, or 
22entity controlled or affiliated with a principal officer of a 
23cannabis business establishment by which he, she, or it is 
24employed, is an agent of, or participates in the management 
25of, more than 3 consolidated transport center licenses.
26 (i) It is unlawful for any person having a consolidated 
 
 
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1transport center license or any officer, associate, member, 
2representative, or agent of such licensee to offer or deliver 
3money, or anything else of value, directly or indirectly to 
4any person having an Early Approval Adult Use Dispensing 
5Organization License, a Conditional Adult Use Dispensing 
6Organization License, an Adult Use Dispensing Organization 
7License, or a medical cannabis dispensing organization license 
8issued under the Compassionate Use of Medical Cannabis Program 
9Act, or to any person connected with or in any way 
10representing, or to any member of the family of, such person 
11holding an Early Approval Adult Use Dispensing Organization 
12License, a Conditional Adult Use Dispensing Organization 
13License, an Adult Use Dispensing Organization License, or a 
14medical cannabis dispensing organization license issued under 
15the Compassionate Use of Medical Cannabis Program Act, or to 
16any stockholders in any corporation engaged in the retail sale 
17of cannabis, or to any officer, manager, agent, or 
18representative of the Early Approval Adult Use Dispensing 
19Organization License, a Conditional Adult Use Dispensing 
20Organization License, an Adult Use Dispensing Organization 
21License, or a medical cannabis dispensing organization license 
22issued under the Compassionate Use of Medical Cannabis Program 
23Act to obtain preferential placement within the dispensing 
24organization, including, without limitation, on shelves and in 
25display cases where purchasers can view products, or on the 
26dispensing organization's website.
 
 
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1 (j) A consolidated transport center must comply with the 
2application process, mandatory fees, compliance requirements, 
3and prohibitions set by administrative rules of the Department 
4of Agriculture.
5 (k) All fees and fines collected under this Section shall 
6be deposited into the Cannabis Regulation Fund, unless 
7otherwise specified by rule by the Department of Agriculture.
8 (l) A consolidated transport center may not transfer an 
9ownership interest in a license without prior Department 
10approval. Such approval may be withheld if the person or 
11entity to whom the license is being transferred does not meet 
12the definition of independent social equity transporting 
13organization under this Act.