Bill Text: IL SB0020 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Creates the Hemp Consumer Products Act. Sets forth provisions concerning definitions; prohibitions and compliance; applications and licensing for hemp consumer product manufacturers; requirements for licensees; registration of hemp consumer CBD products; requirements of hemp consumer CBD products; packaging and labeling of hemp consumer CBD products; testing requirements; marketing and sale of hemp consumer CBD products; penalties; the administration and enforcement of the Act and rulemaking, including emergency rulemaking, by the Department of Agriculture; and other matters. Amends the Cannabis Regulation and Tax Act. Provides that a violation of provisions concerning unlicensed practice is an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Sets forth penalties for unlicensed practice as a cultivation center, infuser, or craft grower. Sets forth provisions concerning the use of hemp in cannabis-infused products. Allows a craft grower and infuser to purchase a hemp-derived intoxicating product from a hemp consumer product manufacturer and offer a hemp-derived intoxicating product for sale to another cannabis establishment, after which the product is considered cannabis and the craft grower or infuser must ensure the product meets all the requirements of the Act. Makes other changes. Amends the Illinois Administrative Procedure Act, the Illinois Procurement Code, the State Finance Act, the Industrial Hemp Act, the Cannabis Control Act, and the Consumer Fraud and Deceptive Business Practices Act to make conforming changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2025-01-23 - Added as Chief Co-Sponsor Sen. Mike Porfirio [SB0020 Detail]

Download: Illinois-2025-SB0020-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0020 Introduced 1/13/2025, by Sen. Kimberly A. Lightford SYNOPSIS AS INTRODUCED:
See Index
Creates the Hemp Consumer Products Act. Sets forth provisions concerning definitions; prohibitions and compliance; applications and licensing for hemp consumer product manufacturers; requirements for licensees; registration of hemp consumer CBD products; requirements of hemp consumer CBD products; packaging and labeling of hemp consumer CBD products; testing requirements; marketing and sale of hemp consumer CBD products; penalties; the administration and enforcement of the Act and rulemaking, including emergency rulemaking, by the Department of Agriculture; and other matters. Amends the Cannabis Regulation and Tax Act. Provides that a violation of provisions concerning unlicensed practice is an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Sets forth penalties for unlicensed practice as a cultivation center, infuser, or craft grower. Sets forth provisions concerning the use of hemp in cannabis-infused products. Allows a craft grower and infuser to purchase a hemp-derived intoxicating product from a hemp consumer product manufacturer and offer a hemp-derived intoxicating product for sale to another cannabis establishment, after which the product is considered cannabis and the craft grower or infuser must ensure the product meets all the requirements of the Act. Makes other changes. Amends the Illinois Administrative Procedure Act, the Illinois Procurement Code, the State Finance Act, the Industrial Hemp Act, the Cannabis Control Act, and the Consumer Fraud and Deceptive Business Practices Act to make conforming changes. Effective immediately.
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A BILL FOR
SB0020 LRB104 07738 BDA 17783 b
AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Hemp
Consumer Products Act.
Section 5. Definitions. In this Act:
"Accreditation body" means an impartial non-profit
organization that operates in conformance with the
International Organization for Standardization
(ISO)/International Electrotechnical Commission (IEC)
standard 17011 and is a signatory to the International
Laboratory Accreditation Cooperation (ILAC) Mutual Recognition
Arrangement (MRA) for Testing.
"Artificially derived cannabinoid" means a cannabinoid
that is created by a chemical or physical reaction that
changes the molecular structure of any chemical substance
derived from Cannabis sativa.
"Department" means the Department of Agriculture.
"Director" means the Director of Agriculture.
"Hemp cannabinoid" means a naturally occurring
phytocannabinoid derived from the hemp plant that does not
have an intoxicating effect on the mind and body, as
determined by the Department by rule, including:

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(1) cannabidiol (CBD);
(2) cannabichromene (CBC);
(3) cannabicitran (CBT);
(4) cannabicyclol (CBL);
(5) cannabielsoin (CBE);
(6) cannabigerol (CBG);
(7) cannabidivarin (CBDV); or
(8) cannabinol (CBN).
"Hemp consumer CBD product" means a product offered for
sale or distribution that:
(1) contains naturally occurring hemp
phytocannabinoids;
(2) is intended for consumption by any means,
including, but not limited to, oral ingestion, inhalation,
smoking, or topical absorption;
(3) contains a total tetrahydrocannabinol
concentration of no greater than:
(a) 0.3%; or
(b) 0.5 milligrams per serving or individual
product unit, and 2 milligrams per package for
products sold in multiple servings or units, for any
beverage, food, oil, ointment, tincture, topical
formation, or any other product that is intended for
human or animal consumption by means other than
inhalation or smoking; and
(4) contains a total hemp cannabinoid concentration

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that is at least 25 times greater than the total
tetrahydrocannabinol concentration per serving and per
package.
"Hemp consumer CBD product registrant" means a person or
entity that manufactures, processes, packages, handles,
distributes or otherwise adds value to the hemp consumer CBD
product, and made the first sale of the hemp consumer CBD
product in Illinois to an Illinois wholesaler, processor,
distributor, retailer, or consumer, or as otherwise defined by
rule. A hemp consumer CBD product registrant is required to
register hemp consumer CBD products with the Department of
Agriculture prior to sale of hemp consumer CBD products in
Illinois.
"Hemp consumer products manufacturer" means a person or
entity located in Illinois licensed to source industrial hemp
plant material from a licensed state, tribal, or USDA hemp
cultivator, and process, manufacture, and distribute hemp
products for human or animal consumption.
"Hemp-derived intoxicating product" means a beverage,
food, oil, ointment, tincture, topical formulation, or other
product intended for human or animal consumption that is
derived from hemp extract and does not contain more than 5
milligrams per serving or 10 milligrams per package of delta-9
THC derived from any naturally occurring cannabinoids found in
hemp and that may only be offered for sale at a dispensing
organization under the Cannabis Regulation and Tax Act.

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"Scope of accreditation" means a document issued by an
accreditation body that attests to a testing laboratory's
competence to carry out specific testing and analysis.
"Synthetic cannabinoid" means a cannabinoid-like compound
that was produced using chemical synthesis, chemical
modification, or chemical conversion, including in vitro
biosynthesis or other bioconversion methods. "Synthetic
cannabinoid" includes cannabinoids converted from one chemical
structure into another, such as tetrahydrocannabinol produced
by the conversion of cannabidiol.
"Testing laboratory" means an independent, third-party
laboratory approved and registered with the Department that is
contracted to test hemp consumer CBD products. A testing
laboratory may include laboratories approved by the Department
under the Cannabis Regulation and Tax Act or a laboratory
operated by the State.
"Tetrahydrocannabinol" or "THC" means any naturally
occurring or synthetic tetrahydrocannabinol, including its
salts, isomers, and salts of isomers, whenever the existence
of such salts, isomers, and salts of isomers is possible
within the specific chemical designation, and any preparation,
mixture, or substance containing, or mixed or infused with,
any detectable amount of tetrahydrocannabinol or
tetrahydrocannabolic acid, including, but not limited to,
delta-8-tetrahydrocannabinol, delta-9-tetrahydrocannabinol,
delta-10-tetrahydrocannabinol, tetrahydrocannabolic acid,

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tetrahydrocannabiphorol, or hexahydrocannabinol, however
derived, or any other substance determined by the Department
to have similar intoxicating effects on the mind or body. As
used in this definition, "isomer" means the optical, position,
and geometric isomers.
Section 10. Prohibitions; compliance.
(a) Beginning on the effective date of this Act, no
person, retailer, or entity shall distribute for sale,
manufacture, sell, offer for sale, market, or advertise any
hemp product intended for human or animal consumption within
this State unless the hemp product meets the definition of
hemp consumer CBD product, is sold by a licensed cannabis
business establishment under the Cannabis Regulation and Tax
Act or Compassionate Use of Medical Cannabis Act, or is sold to
or purchased by an industrial hemp processor or hemp consumer
product manufacturer licensee for use in the manufacture of
hemp products intended for human or animal consumption.
(b) Effective January 1, 2026 or upon the first date that a
hemp consumer CBD product registration application is made
available by the Department, whichever is sooner, all hemp
consumer CBD products shall comply with all of the hemp
consumer CBD product requirements of this Act.
(c) A product that has a THC concentration greater than
the limits set forth for hemp consumer CBD products as defined
in this Act shall, unless otherwise provided under this Act,

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be regulated as cannabis as defined in the Cannabis Regulation
and Tax Act, whether or not the product is made with or derived
from hemp or industrial hemp or is derived from natural or
synthetic sources.
(d) A product derived from hemp cannabinoids and sold by a
cannabis business establishment as authorized by the Cannabis
Regulation and Tax Act shall be cannabis as that term is used
under the Cannabis Regulation and Tax Act and may be sold only
by a licensed dispensing organization.
(e) Notwithstanding subsection (a) or (c), until January
20, 2026 any beverage derived from hemp may be offered for sale
or sold by (i) a person licensed under the Liquor Control Act
as a retailer or a manufacturer that has retail privileges
whose total sales of alcohol equal 90% or more of total sales
or (ii) an industrial hemp manufacturer or hemp consumer
product manufacturer who also holds retail privileges as a
manufacturer as provided under the Liquor Control Act. No
beverage derived from hemp may be given, sold, transferred, or
delivered, with or without remuneration, to any person under
21 years of age. A retailer subject to this subsection (e)
shall refuse to sell any beverage derived from hemp to any
person unless the person produces valid identification showing
that the person is 21 years of age or older, which must be
verified at the point of sale. Any hemp-derived beverages
subject to this subsection (e) may contain only up to 10
milligrams per individual container of

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delta-9-tetrahydrocannabinol derived from any naturally
occurring cannabinoids found in hemp.
(f) Nothing in this Act shall prohibit the transportation
or shipment of hemp or hemp products through the State.
Section 15. Hemp consumer product manufacturers;
applications and licensing.
(a) By January 1, 2026, the Department shall create
applicable rules, guidance, and forms for licensing hemp
consumer products manufacturers and a process to transition
industrial hemp manufacturers registered under the Industrial
Hemp Act that processes or manufactures products derived from
hemp intended for human or animal consumption to a hemp
consumer product license.
(b) An application for licensure shall be submitted to the
Department on a form prescribed by the Department, which shall
include:
(1) the name, address, email address, and telephone
number of the applicant;
(2) identification of the facility that will be used
for the processing, manufacturing, distribution, or retail
sale of hemp, as applicable;
(3) a copy of the current local zoning ordinance or
permit and verification that the proposed hemp consumer
products processor is in compliance with the local zoning
rules and distance limitations established by the local

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jurisdiction for hemp consumer products processing;
(4) the federal employer identification number of the
applicant;
(5) a copy and description of any other license or
licenses issued by state or federal authorities related to
hemp or cannabis operations or ancillary services;
(6) a summary of the sources of industrial processes,
hemp materials, hemp consumer CBD products, and hemp
extract to be used, as applicable;
(7) a description of any other businesses or business
activities conducted on the premises to be licensed;
(8) identification of the person or persons with the
ability to direct the activity of the applicant or
licensee, including principals, officers, or others with
such control; and
(9) any other information required by the Department.
(c) The Department may reject or deny an application if it
determines that the information contained in the application
does not meet the requirements or is incomplete, false,
inaccurate, or omits a material fact.
(d) Licenses shall not be transferable or assignable to
any person, including, without limitation, to another
licensee, without prior written approval of the Department.
(e) Licenses are valid for a period of one year and must be
renewed annually at a fee of $5,000 or as otherwise determined
by rule.

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(f) The Department may revoke any license issued under
this Act for failure to adhere to the requirements of this Act
and the rules adopted by the Department.
Section 20. Requirements for hemp consumer products
manufacturer licensees.
(a) The Department shall license and regulate hemp
consumer products manufacturers for the purpose of allowing
processors to obtain and source lawful industrial hemp and
hemp plant materials for manufacturing and processing finished
hemp consumer products in accordance with this Act.
(b) All hemp consumer products manufacturers shall:
(1) maintain sufficient records to demonstrate that
any hemp or hemp extract used by the licensee was grown,
derived, extracted, and transported in accordance with
applicable laws and licensing requirements of the
jurisdiction or jurisdictions from which the hemp or hemp
extract was sourced and, for hemp received from an
out-of-state grower, shall also maintain records of the
out-of-state grower registration or license number in the
respective jurisdiction;
(4) keep all designated extracting and manufacturing
areas safe and sanitary, including, but not limited to,
ensuring that those areas are adequately lit, cleaned, and
smoke-free;
(5) not use, in the extraction or manufacturing of any

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hemp consumer CBD products, synthetic cannabinoids,
artificially derived cannabinoids, or
tetrahydrocannabinol created through isomerization; and
(6) maintain the records required by this Act for at
least 3 years and immediately produce those records upon
request of the Department.
(c) A hemp product manufacturer shall not offer for sale
or distribution products to a location where prohibited by law
or to a business that is not permitted to sell products made by
the licensee.
(d) The Department may conduct announced or unannounced
premises or product inspections, including, but not limited
to, inspections, audits, sampling, and testing of hemp, hemp
extract, hemp consumer CBD products, or any solvents,
chemicals, or materials used by the licensee.
(e) A hemp consumer product manufacturer shall comply with
any other requirements or prohibitions set by administrative
rule by the Department.
Section 25. Registration of hemp consumer CBD products.
(a) Upon the availability of a hemp consumer CBD product
registration application, all establishments, including
physical and online establishments, shall register all hemp
consumer CBD products offered for sale in the State with the
Department. Hemp consumer CBD products must comply with
registration requirements under this Act.

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(b) The Department shall create an online hemp consumer
CBD product registration application. The Department may
reject an application if the product hemp consumer CBD product
does not meet the definition of a hemp consumer CBD product or
does not meet any other hemp consumer CBD product requirements
under this Act or under rules adopted under this Act.
(c) The product registration application shall include,
but is not limited to:
(1) the name of the hemp consumer CBD product;
(2) a recently conducted certificate of analysis; and
(3) a depiction of the label on the hemp consumer CBD
product.
(d) The Department shall maintain a list of registered
hemp consumer CBD products on its website.
(e) A new registration shall be submitted if there is a
change to the name, label, recipe, or chemical composition of
the hemp consumer CBD product.
(f) Any registered hemp consumer CBD product offered for
sale in the State may be subject to product inspection and
sampling by the Department to ensure compliance with the
registration requirements. Any retailer of a hemp consumer CBD
product shall provide the Department with a reasonable sample
upon request not to exceed 2 units per product type.
(g) The Department may deregister any registered hemp
consumer CBD product that is found not to be in compliance with
the Act. The Department shall maintain a list of hemp consumer

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CBD products that have been deregistered on its website.
Retail establishments shall have 30 days to remove from sale
all hemp consumer CBD products that have been deregistered.
(h) The Department may prohibit a hemp consumer CBD
product registrant from registering hemp consumer CBD products
if the registrant has had 3 hemp consumer CBD products
deregistered in a one-year period, or as otherwise provided
for by rule.
(i) The Department shall set and collect a fee of $150 for
the registration of each hemp consumer CBD product, which
shall be deposited into the Industrial Hemp Regulatory Fund.
The Department may adjust the fee by rule.
(j) The Department may adopt rules regarding the
registration of hemp consumer CBD products.
(k) Retailers or entities that offer for sale products
that are found to meet the definition of a hemp consumer CBD
product but are not registered are subject to a $500 fine per
product.
Section 30. Requirements of hemp consumer CBD products.
(a) All hemp consumer CBD products distributed, sold, or
offered for sale in this State shall be subject to the
following minimum requirements:
(1) the hemp consumer CBD product shall:
(A) contain naturally occurring hemp
phytocannabinoids;

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(B) be intended for consumption by any means,
including, but not limited to, oral ingestion,
inhalation, smoking, or topical absorption;
(C) contain a total tetrahydrocannabinol
concentration of no greater than:
(i) 0.3%; or
(ii) 0.5 milligrams per serving or individual
product unit, and 2 milligrams per package for
products sold in multiple servings or units, for
any beverage, food, oil, ointment, tincture,
topical formation, or any other product that is
intended for human or animal consumption by means
other than inhalation or smoking;
(D) have total hemp cannabinoid concentration that
is at least 25 times greater than the amount of total
tetrahydrocannabinol concentration per serving and per
package;
(2) not contain liquor, wine, beer, or cider or meet
the definition of alcoholic liquor under the Liquor
Control Act of 1934;
(3) not contain tobacco or nicotine in the product;
(4) accurately reflect testing results and not contain
less than 90% or more than 110% of the concentration of
total cannabinoid content as listed on the product label;
(5) be prepackaged and not added to food or any other
consumable products at the point of sale;

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(6) comply with product testing standards set forth in
this Act; and
(7) not contain synthetic cannabinoids or artificially
derived cannabinoids.
(b) All concentrated hemp consumer CBD products intended
for inhalation or vaporization shall meet the following
additional requirements:
(1) except for hemp-derived terpenes, excipients and
ingredients must be pharmaceutical grade, unless otherwise
approved by the Department, and shall not include:
(A) synthetic terpenes;
(B) polyethylene glycol (PEG);
(C) vitamin E acetate;
(D) medium chain triglycerides (MCT oil);
(E) medicinal compounds;
(F) illegal or controlled substances;
(G) artificial food coloring;
(H) benzoic acid;
(I) diketones; or
(J) any other compound or ingredient as determined
by the Department in rules; and
(2) excipients and ingredients must not contain any
flavors or flavoring agents, except for hemp-derived
terpenes.
Section 35. Packaging and labeling of hemp consumer CBD

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products.
(a) All hemp consumer CBD products distributed or offered
for retail sale in this State shall include the following
information on the product label or packaging:
(1) a list of all ingredients in descending order of
predominance by weight in the product;
(2) The serving size and number of servings per
package or container, including the milligrams per serving
of detectable:
(A) individual hemp cannabinoids;
(B) total hemp cannabinoids;
(C) individual THC cannabinoids;
(D) total THC; and
(E) any other cannabinoids;
(3) an expiration date;
(4) the name of the hemp manufacturer, whether
in-state or out-of-state;
(5) a means for reporting serious adverse events; and
(6) any other marking, statement, or symbol required
by the Department, by rule.
(b) No hemp consumer CBD product offered for retail sale
shall be made attractive to children; imitate a candy label or
widely available food label; use fruit, cartoons, or other
images popularly used to advertise to children; or otherwise
be marketed to children.
(c) No hemp consumer CBD product shall be marketed,

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advertised, or offered for sale in a manner that would cause a
reasonable consumer:
(1) to be confused as to whether the hemp consumer CBD
product is trademarked, marked, or labeled in a manner
that violates any federal trademark law or regulation; or
(2) to believe that a hemp consumer CBD product is
cannabis, or medical cannabis, or that a licensee is
authorized to sell or dispense cannabis or medical
cannabis, as those terms are defined in the Cannabis
Regulation and Tax Act or the Compassionate Use of Medical
Cannabis Program Act.
(d) All hemp consumer CBD products offered for retail sale
shall include the following warnings on the product label or
packaging, in a manner that is clear and conspicuous:
(1) a warning that the product must be kept out of the
reach of children and pets;
(2) a warning that the product has not been evaluated
or approved by the Food and Drug Administration for safety
or efficacy;
(3) a warning that a pregnant or nursing consumer
should consult the consumer's health care provider before
use;
(4) for hemp consumer CBD products intended to be
inhaled or vaporized, a warning stating that smoking or
vaping is hazardous to your health; and
(5) any other warning required by the Department.

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Section 40. Laboratory testing requirements for hemp
consumer CBD products.
(a) The Department shall approve hemp consumer CBD product
testing laboratories to be contracted by licensees under this
Act for testing of hemp consumer CBD products. All approved
testing laboratories shall be listed on the Department's
website. Out-of-state laboratories may be approved by the
Department.
(b) All approved testing laboratories shall maintain:
(1) ISO/IEC 17025 accreditation for the physical
testing location and for the testing of one or more of the
analytes determined by the department;
(2) a valid scope of accreditation, issued by an
accreditation body, that attests to the laboratory's
competence to perform testing of hemp consumer CBD
products;
(3) method validation records for all testing
conducted;
(4) standard operating procedures for the sampling of
hemp consumer CBD products; and
(5) maintain testing methodologies to ascertain the
presence of synthetic cannabinoids, artificially derived
cannabinoids, or cannabinoids created through
isomerization, including tetrahydrocannabinol created
through isomerization.

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(c) Hemp cannabinoid products shall not be sold within
this State if hemp cannabinoid, THC, or other contaminants are
detected at levels greater than provided for by this Act or
rules or guidance adopted by the Department.
(d) Hemp cannabinoid products shall be considered
adulterated and shall not be sold within this State if there is
the presence of synthetic cannabinoids, artificially derived
cannabinoids, or cannabinoids created through isomerization,
including tetrahydrocannabinol created through isomerization.
(e) The Department may impose additional testing
requirements, including, but not limited to, testing for
additional analytes, setting stricter analyte, and mandating
the use of specific sampling methodologies per lot, analyte
per process, or batch manufactured.
(f) The Department shall make available a list of required
analytes, their acceptable limits, and approved testing
methods on the Department's website and in any other manner as
determined by the Department.
(g) The total tetrahydrocannabinol concentration for hemp
consumer CBD products shall not exceed the limits established
in this Act.
(h) If a hemp consumer CBD product fails testing, the
processor may elect to reformulate the failing batch to reduce
the total tetrahydrocannabinol of the batch to comply with the
THC limits established by this Act. If the reformulated batch
still exceeds the THC limits, the processor shall destroy the

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batch.
(i) If a hemp consumer CBD product is found to contain
levels of any pathogen, toxicant, residual solvent, metal, or
pesticide not enumerated in this Section or by other State
law, then the product may not be sold in this State.
Section 45. Advertising requirements. An advertisement for
a hemp consumer CBD product shall not:
(1) include any false or misleading statements,
images, or other content, including, but not limited to,
any health claims;
(2) contain claims that hemp consumption or a hemp
consumer CBD product can, or is intended to, diagnose,
cure, mitigate, treat, or prevent disease;
(3) lead a reasonable consumer to believe that a hemp
consumer CBD product is cannabis or medical cannabis,
including any product that exceeds the THC limits
established under this Act for lawful hemp consumer CBD
products, or that a licensee is authorized to sell or
dispense cannabis or medical cannabis; or
(4) have the purpose or effect of targeting or being
attractive to individuals under 21 years of age. The use
of images of children or minors consuming hemp consumer
CBD products and the use of words, designs, or brands that
resemble products commonly associated with children,
minors, or marketed to children or minors, is prohibited.

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Section 50. Sale of hemp-derived products to cannabis
business establishments.
(a) A hemp product manufacturer may sell final
hemp-derived intoxicating products to a craft grower and
infuser organization licensed under the Cannabis Regulation
and Tax Act to be sold as a cannabis-infused product to a
dispensing organization.
(b) A hemp-derived intoxicating product may contain up to
5 milligrams per serving and 10 milligrams per package of
delta-9-tetrahydrocannabinol. A hemp-derived intoxicating
product may not contain any other form of THC except
delta-9-tetrahydrocannabinol.
(c) A hemp-derived intoxicating product received by a
craft grower or infuser must comply with all requirements of
the Cannabis Regulation and Tax Act before sale to a
dispensing organization.
(d) The sale of hemp-derived intoxicating product to
cannabis business establishments shall be subject to any
requirements and prohibitions set by administrative rule by
the Department.
(e) A hemp-derived intoxicating product, in addition to
meeting any label requirement of the Cannabis Regulation and
Tax Act, must indicate on the label that the product was
derived from hemp.

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Section 55. License suspension; revocation; other
penalties.
(a) Notwithstanding any other criminal penalties related
to the unlawful possession of cannabis, the Department may
revoke, suspend, place on probation, reprimand, issue cease
and desist orders, refuse to issue or renew a license, or take
any other disciplinary or nondisciplinary action as the
Department may deem proper with regard to a hemp consumer
product manufacturer, including fines not to exceed $15,000
for each violation of this Act or rules adopted under this Act.
(b) The Department shall consider licensee cooperation in
any agency or other investigation in its determination of
penalties imposed under this Section.
(c) The procedures for disciplining a hemp consumer
product manufacturer and for administrative hearings shall be
determined by rule, and shall provide for the review of final
decisions under the Administrative Review Law.
Section 60. Administration and enforcement; rules;
inspections.
(a) The Department shall administer and enforce this Act
and may adopt rules under the Illinois Administrative
Procedure Act for the purpose of administering and enforcing
this Act.
(b) The Department shall update, through official guidance
and publish publicly on its website, the cannabinoids that it

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deems tetrahydrocannabinol or THC on or before January 1 and
July 1 of each calendar year.
(c) The Department may develop rules setting forth
labeling, packaging, and minimum testing requirements of
cannabinoid products.
(d) The Department of Public Health, local health
departments, the Illinois State Police, local sheriff's
departments, municipal police departments, and the Department
of Revenue may inspect any business that manufactures,
processes, or offers for sale cannabinoid products in the
State if a formal complaint is registered with the appropriate
agency in order to ensure compliance with this Act. The
Department may inspect any business that manufactures,
processes, or offers for sale cannabinoid products in the
State to ensure compliance with this Act. The Department may
enter into intergovernmental agreements to enforce this Act
and any rules adopted under this Act.
Section 70. Temporary restraining order or injunction. The
Director, through the Attorney General or any unit of local
government, may file a complaint and apply to the circuit
court for, and the court upon hearing and for cause shown may
grant, a temporary restraining order or a preliminary or
permanent injunction restraining any person from violating
this Act.

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Section 805. The Illinois Procurement Code is amended by
changing Section 1-10 as follows:
(30 ILCS 500/1-10)
Sec. 1-10. Application.
(a) This Code applies only to procurements for which
bidders, offerors, potential contractors, or contractors were
first solicited on or after July 1, 1998. This Code shall not
be construed to affect or impair any contract, or any
provision of a contract, entered into based on a solicitation
prior to the implementation date of this Code as described in
Article 99, including, but not limited to, any covenant
entered into with respect to any revenue bonds or similar
instruments. All procurements for which contracts are
solicited between the effective date of Articles 50 and 99 and
July 1, 1998 shall be substantially in accordance with this
Code and its intent.
(b) This Code shall apply regardless of the source of the
funds with which the contracts are paid, including federal
assistance moneys. This Code shall not apply to:
(1) Contracts between the State and its political
subdivisions or other governments, or between State
governmental bodies, except as specifically provided in
this Code.
(2) Grants, except for the filing requirements of
Section 20-80.

SB0020 - 24 - LRB104 07738 BDA 17783 b
(3) Purchase of care, except as provided in Section
5-30.6 of the Illinois Public Aid Code and this Section.
(4) Hiring of an individual as an employee and not as
an independent contractor, whether pursuant to an
employment code or policy or by contract directly with
that individual.
(5) Collective bargaining contracts.
(6) Purchase of real estate, except that notice of
this type of contract with a value of more than $25,000
must be published in the Procurement Bulletin within 10
calendar days after the deed is recorded in the county of
jurisdiction. The notice shall identify the real estate
purchased, the names of all parties to the contract, the
value of the contract, and the effective date of the
contract.
(7) Contracts necessary to prepare for anticipated
litigation, enforcement actions, or investigations,
provided that the chief legal counsel to the Governor
shall give his or her prior approval when the procuring
agency is one subject to the jurisdiction of the Governor,
and provided that the chief legal counsel of any other
procuring entity subject to this Code shall give his or
her prior approval when the procuring entity is not one
subject to the jurisdiction of the Governor.
(8) (Blank).
(9) Procurement expenditures by the Illinois

SB0020 - 25 - LRB104 07738 BDA 17783 b
Conservation Foundation when only private funds are used.
(10) (Blank).
(11) Public-private agreements entered into according
to the procurement requirements of Section 20 of the
Public-Private Partnerships for Transportation Act and
design-build agreements entered into according to the
procurement requirements of Section 25 of the
Public-Private Partnerships for Transportation Act.
(12) (A) Contracts for legal, financial, and other
professional and artistic services entered into by the
Illinois Finance Authority in which the State of Illinois
is not obligated. Such contracts shall be awarded through
a competitive process authorized by the members of the
Illinois Finance Authority and are subject to Sections
5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,
as well as the final approval by the members of the
Illinois Finance Authority of the terms of the contract.
(B) Contracts for legal and financial services entered
into by the Illinois Housing Development Authority in
connection with the issuance of bonds in which the State
of Illinois is not obligated. Such contracts shall be
awarded through a competitive process authorized by the
members of the Illinois Housing Development Authority and
are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,
and 50-37 of this Code, as well as the final approval by
the members of the Illinois Housing Development Authority

SB0020 - 26 - LRB104 07738 BDA 17783 b
of the terms of the contract.
(13) Contracts for services, commodities, and
equipment to support the delivery of timely forensic
science services in consultation with and subject to the
approval of the Chief Procurement Officer as provided in
subsection (d) of Section 5-4-3a of the Unified Code of
Corrections, except for the requirements of Sections
20-60, 20-65, 20-70, and 20-160 and Article 50 of this
Code; however, the Chief Procurement Officer may, in
writing with justification, waive any certification
required under Article 50 of this Code. For any contracts
for services which are currently provided by members of a
collective bargaining agreement, the applicable terms of
the collective bargaining agreement concerning
subcontracting shall be followed.
On and after January 1, 2019, this paragraph (13),
except for this sentence, is inoperative.
(14) Contracts for participation expenditures required
by a domestic or international trade show or exhibition of
an exhibitor, member, or sponsor.
(15) Contracts with a railroad or utility that
requires the State to reimburse the railroad or utilities
for the relocation of utilities for construction or other
public purpose. Contracts included within this paragraph
(15) shall include, but not be limited to, those
associated with: relocations, crossings, installations,

SB0020 - 27 - LRB104 07738 BDA 17783 b
and maintenance. For the purposes of this paragraph (15),
"railroad" means any form of non-highway ground
transportation that runs on rails or electromagnetic
guideways and "utility" means: (1) public utilities as
defined in Section 3-105 of the Public Utilities Act, (2)
telecommunications carriers as defined in Section 13-202
of the Public Utilities Act, (3) electric cooperatives as
defined in Section 3.4 of the Electric Supplier Act, (4)
telephone or telecommunications cooperatives as defined in
Section 13-212 of the Public Utilities Act, (5) rural
water or waste water systems with 10,000 connections or
less, (6) a holder as defined in Section 21-201 of the
Public Utilities Act, and (7) municipalities owning or
operating utility systems consisting of public utilities
as that term is defined in Section 11-117-2 of the
Illinois Municipal Code.
(16) Procurement expenditures necessary for the
Department of Public Health to provide the delivery of
timely newborn screening services in accordance with the
Newborn Metabolic Screening Act.
(17) Procurement expenditures necessary for the
Department of Agriculture, the Department of Financial and
Professional Regulation, the Department of Human Services,
and the Department of Public Health to implement the
Compassionate Use of Medical Cannabis Program and Opioid
Alternative Pilot Program requirements and ensure access

SB0020 - 28 - LRB104 07738 BDA 17783 b
to medical cannabis for patients with debilitating medical
conditions in accordance with the Compassionate Use of
Medical Cannabis Program Act.
(18) This Code does not apply to any procurements
necessary for the Department of Agriculture or , the
Department of Financial and Professional Regulation, the
Department of Human Services, the Department of Commerce
and Economic Opportunity, and the Department of Public
Health to implement the Cannabis Regulation and Tax Act
and for the Department of Agriculture to implement the
Hemp Consumer Products Act, if the applicable agency has
made a good faith determination that it is necessary and
appropriate for the expenditure to fall within this
exemption and if the process is conducted in a manner
substantially in accordance with the requirements of
Sections 20-160, 25-60, 30-22, 50-5, 50-10, 50-10.5,
50-12, 50-13, 50-15, 50-20, 50-21, 50-35, 50-36, 50-37,
50-38, and 50-50 of this Code; however, for Section 50-35,
compliance applies only to contracts or subcontracts over
$100,000. Notice of each contract entered into under this
paragraph (18) that is related to the procurement of goods
and services identified in paragraph (1) through (9) of
this subsection shall be published in the Procurement
Bulletin within 14 calendar days after contract execution.
The Chief Procurement Officer shall prescribe the form and
content of the notice. Each agency shall provide the Chief

SB0020 - 29 - LRB104 07738 BDA 17783 b
Procurement Officer, on a monthly basis, in the form and
content prescribed by the Chief Procurement Officer, a
report of contracts that are related to the procurement of
goods and services identified in this subsection. At a
minimum, this report shall include the name of the
contractor, a description of the supply or service
provided, the total amount of the contract, the term of
the contract, and the exception to this Code utilized. A
copy of any or all of these contracts shall be made
available to the Chief Procurement Officer immediately
upon request. The Chief Procurement Officer shall submit a
report to the Governor and General Assembly no later than
November 1 of each year that includes, at a minimum, an
annual summary of the monthly information reported to the
Chief Procurement Officer. This exemption becomes
inoperative 7 5 years after June 25, 2019 (the effective
date of Public Act 101-27).
(19) Acquisition of modifications or adjustments,
limited to assistive technology devices and assistive
technology services, adaptive equipment, repairs, and
replacement parts to provide reasonable accommodations (i)
that enable a qualified applicant with a disability to
complete the job application process and be considered for
the position such qualified applicant desires, (ii) that
modify or adjust the work environment to enable a
qualified current employee with a disability to perform

SB0020 - 30 - LRB104 07738 BDA 17783 b
the essential functions of the position held by that
employee, (iii) to enable a qualified current employee
with a disability to enjoy equal benefits and privileges
of employment as are enjoyed by other similarly situated
employees without disabilities, and (iv) that allow a
customer, client, claimant, or member of the public
seeking State services full use and enjoyment of and
access to its programs, services, or benefits.
For purposes of this paragraph (19):
"Assistive technology devices" means any item, piece
of equipment, or product system, whether acquired
commercially off the shelf, modified, or customized, that
is used to increase, maintain, or improve functional
capabilities of individuals with disabilities.
"Assistive technology services" means any service that
directly assists an individual with a disability in
selection, acquisition, or use of an assistive technology
device.
"Qualified" has the same meaning and use as provided
under the federal Americans with Disabilities Act when
describing an individual with a disability.
(20) Procurement expenditures necessary for the
Illinois Commerce Commission to hire third-party
facilitators pursuant to Sections 16-105.17 and 16-108.18
of the Public Utilities Act or an ombudsman pursuant to
Section 16-107.5 of the Public Utilities Act, a

SB0020 - 31 - LRB104 07738 BDA 17783 b
facilitator pursuant to Section 16-105.17 of the Public
Utilities Act, or a grid auditor pursuant to Section
16-105.10 of the Public Utilities Act.
(21) Procurement expenditures for the purchase,
renewal, and expansion of software, software licenses, or
software maintenance agreements that support the efforts
of the Illinois State Police to enforce, regulate, and
administer the Firearm Owners Identification Card Act, the
Firearm Concealed Carry Act, the Firearms Restraining
Order Act, the Firearm Dealer License Certification Act,
the Law Enforcement Agencies Data System (LEADS), the
Uniform Crime Reporting Act, the Criminal Identification
Act, the Illinois Uniform Conviction Information Act, and
the Gun Trafficking Information Act, or establish or
maintain record management systems necessary to conduct
human trafficking investigations or gun trafficking or
other stolen firearm investigations. This paragraph (21)
applies to contracts entered into on or after January 10,
2023 (the effective date of Public Act 102-1116) and the
renewal of contracts that are in effect on January 10,
2023 (the effective date of Public Act 102-1116).
(22) Contracts for project management services and
system integration services required for the completion of
the State's enterprise resource planning project. This
exemption becomes inoperative 5 years after June 7, 2023
(the effective date of the changes made to this Section by

SB0020 - 32 - LRB104 07738 BDA 17783 b
Public Act 103-8). This paragraph (22) applies to
contracts entered into on or after June 7, 2023 (the
effective date of the changes made to this Section by
Public Act 103-8) and the renewal of contracts that are in
effect on June 7, 2023 (the effective date of the changes
made to this Section by Public Act 103-8).
(23) Procurements necessary for the Department of
Insurance to implement the Illinois Health Benefits
Exchange Law if the Department of Insurance has made a
good faith determination that it is necessary and
appropriate for the expenditure to fall within this
exemption. The procurement process shall be conducted in a
manner substantially in accordance with the requirements
of Sections 20-160 and 25-60 and Article 50 of this Code. A
copy of these contracts shall be made available to the
Chief Procurement Officer immediately upon request. This
paragraph is inoperative 5 years after June 27, 2023 (the
effective date of Public Act 103-103).
(24) Contracts for public education programming,
noncommercial sustaining announcements, public service
announcements, and public awareness and education
messaging with the nonprofit trade associations of the
providers of those services that inform the public on
immediate and ongoing health and safety risks and hazards.
(25) Procurements necessary for the Department of
Early Childhood to implement the Department of Early

SB0020 - 33 - LRB104 07738 BDA 17783 b
Childhood Act if the Department has made a good faith
determination that it is necessary and appropriate for the
expenditure to fall within this exemption. This exemption
shall only be used for products and services procured
solely for use by the Department of Early Childhood. The
procurements may include those necessary to design and
build integrated, operational systems of programs and
services. The procurements may include, but are not
limited to, those necessary to align and update program
standards, integrate funding systems, design and establish
data and reporting systems, align and update models for
technical assistance and professional development, design
systems to manage grants and ensure compliance, design and
implement management and operational structures, and
establish new means of engaging with families, educators,
providers, and stakeholders. The procurement processes
shall be conducted in a manner substantially in accordance
with the requirements of Article 50 (ethics) and Sections
5-5 (Procurement Policy Board), 5-7 (Commission on Equity
and Inclusion), 20-80 (contract files), 20-120
(subcontractors), 20-155 (paperwork), 20-160
(ethics/campaign contribution prohibitions), 25-60
(prevailing wage), and 25-90 (prohibited and authorized
cybersecurity) of this Code. Beginning January 1, 2025,
the Department of Early Childhood shall provide a
quarterly report to the General Assembly detailing a list

SB0020 - 34 - LRB104 07738 BDA 17783 b
of expenditures and contracts for which the Department
uses this exemption. This paragraph is inoperative on and
after July 1, 2027.
(26) (25) Procurements that are necessary for
increasing the recruitment and retention of State
employees, particularly minority candidates for
employment, including:
(A) procurements related to registration fees for
job fairs and other outreach and recruitment events;
(B) production of recruitment materials; and
(C) other services related to recruitment and
retention of State employees.
The exemption under this paragraph (26) (25) applies
only if the State agency has made a good faith
determination that it is necessary and appropriate for the
expenditure to fall within this paragraph (26) (25). The
procurement process under this paragraph (26) (25) shall
be conducted in a manner substantially in accordance with
the requirements of Sections 20-160 and 25-60 and Article
50 of this Code. A copy of these contracts shall be made
available to the Chief Procurement Officer immediately
upon request. Nothing in this paragraph (26) (25)
authorizes the replacement or diminishment of State
responsibilities in hiring or the positions that
effectuate that hiring. This paragraph (26) (25) is
inoperative on and after June 30, 2029.

SB0020 - 35 - LRB104 07738 BDA 17783 b
Notwithstanding any other provision of law, for contracts
with an annual value of more than $100,000 entered into on or
after October 1, 2017 under an exemption provided in any
paragraph of this subsection (b), except paragraph (1), (2),
or (5), each State agency shall post to the appropriate
procurement bulletin the name of the contractor, a description
of the supply or service provided, the total amount of the
contract, the term of the contract, and the exception to the
Code utilized. The chief procurement officer shall submit a
report to the Governor and General Assembly no later than
November 1 of each year that shall include, at a minimum, an
annual summary of the monthly information reported to the
chief procurement officer.
(c) This Code does not apply to the electric power
procurement process provided for under Section 1-75 of the
Illinois Power Agency Act and Section 16-111.5 of the Public
Utilities Act. This Code does not apply to the procurement of
technical and policy experts pursuant to Section 1-129 of the
Illinois Power Agency Act.
(d) Except for Section 20-160 and Article 50 of this Code,
and as expressly required by Section 9.1 of the Illinois
Lottery Law, the provisions of this Code do not apply to the
procurement process provided for under Section 9.1 of the
Illinois Lottery Law.
(e) This Code does not apply to the process used by the
Capital Development Board to retain a person or entity to

SB0020 - 36 - LRB104 07738 BDA 17783 b
assist the Capital Development Board with its duties related
to the determination of costs of a clean coal SNG brownfield
facility, as defined by Section 1-10 of the Illinois Power
Agency Act, as required in subsection (h-3) of Section 9-220
of the Public Utilities Act, including calculating the range
of capital costs, the range of operating and maintenance
costs, or the sequestration costs or monitoring the
construction of clean coal SNG brownfield facility for the
full duration of construction.
(f) (Blank).
(g) (Blank).
(h) This Code does not apply to the process to procure or
contracts entered into in accordance with Sections 11-5.2 and
11-5.3 of the Illinois Public Aid Code.
(i) Each chief procurement officer may access records
necessary to review whether a contract, purchase, or other
expenditure is or is not subject to the provisions of this
Code, unless such records would be subject to attorney-client
privilege.
(j) This Code does not apply to the process used by the
Capital Development Board to retain an artist or work or works
of art as required in Section 14 of the Capital Development
Board Act.
(k) This Code does not apply to the process to procure
contracts, or contracts entered into, by the State Board of
Elections or the State Electoral Board for hearing officers

SB0020 - 37 - LRB104 07738 BDA 17783 b
appointed pursuant to the Election Code.
(l) This Code does not apply to the processes used by the
Illinois Student Assistance Commission to procure supplies and
services paid for from the private funds of the Illinois
Prepaid Tuition Fund. As used in this subsection (l), "private
funds" means funds derived from deposits paid into the
Illinois Prepaid Tuition Trust Fund and the earnings thereon.
(m) This Code shall apply regardless of the source of
funds with which contracts are paid, including federal
assistance moneys. Except as specifically provided in this
Code, this Code shall not apply to procurement expenditures
necessary for the Department of Public Health to conduct the
Healthy Illinois Survey in accordance with Section 2310-431 of
the Department of Public Health Powers and Duties Law of the
Civil Administrative Code of Illinois.
(Source: P.A. 102-175, eff. 7-29-21; 102-483, eff 1-1-22;
102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, eff.
9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22;
102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-103, eff.
6-27-23; 103-570, eff. 1-1-24; 103-580, eff. 12-8-23; 103-594,
eff. 6-25-24; 103-605, eff. 7-1-24; 103-865, eff. 1-1-25;
revised 11-26-24.)
Section 810. The State Finance Act is amended by changing
Section 6z-112 as follows:

SB0020 - 38 - LRB104 07738 BDA 17783 b
(30 ILCS 105/6z-112)
Sec. 6z-112. The Cannabis Regulation Fund.
(a) There is created the Cannabis Regulation Fund in the
State treasury, subject to appropriations unless otherwise
provided in this Section. All moneys collected under the
Cannabis Regulation and Tax Act shall be deposited into the
Cannabis Regulation Fund, consisting of taxes, license fees,
other fees, and any other amounts required to be deposited or
transferred into the Fund.
(b) Whenever the Department of Revenue determines that a
refund should be made under the Cannabis Regulation and Tax
Act to a claimant, the Department of Revenue shall submit a
voucher for payment to the State Comptroller, who shall cause
the order to be drawn for the amount specified and to the
person named in the notification from the Department of
Revenue. This subsection (b) shall constitute an irrevocable
and continuing appropriation of all amounts necessary for the
payment of refunds out of the Fund as authorized under this
subsection (b).
(c) On or before the 25th day of each calendar month, the
Department of Revenue shall prepare and certify to the State
Comptroller the transfer and allocations of stated sums of
money from the Cannabis Regulation Fund to other named funds
in the State treasury. The amount subject to transfer shall be
the amount of the taxes, license fees, other fees, and any
other amounts paid into the Fund during the second preceding

SB0020 - 39 - LRB104 07738 BDA 17783 b
calendar month, minus the refunds made under subsection (b)
during the second preceding calendar month by the Department.
The transfers shall be certified as follows:
(1) The Department of Revenue shall first determine
the allocations which shall remain in the Cannabis
Regulation Fund, subject to appropriations, to pay for the
direct and indirect costs associated with the
implementation, administration, and enforcement of the
Cannabis Regulation and Tax Act by the Department of
Revenue, the Department of State Police, the Department of
Financial and Professional Regulation, the Department of
Agriculture, the Department of Public Health, the
Department of Commerce and Economic Opportunity, and the
Illinois Criminal Justice Information Authority, and the
Hemp Consumer Products Act by the Department of
Agriculture.
(2) After the allocations have been made as provided
in paragraph (1) of this subsection (c), of the remainder
of the amount subject to transfer for the month as
determined in this subsection (c), the Department shall
certify the transfer into the Cannabis Expungement Fund
1/12 of the fiscal year amount appropriated from the
Cannabis Expungement Fund for payment of costs incurred by
State courts, the Attorney General, State's Attorneys,
civil legal aid, as defined by Section 15 of the Public
Interest Attorney Assistance Act, and the Department of

SB0020 - 40 - LRB104 07738 BDA 17783 b
State Police to facilitate petitions for expungement of
Minor Cannabis Offenses pursuant to Public Act 101-27, as
adjusted by any supplemental appropriation, plus
cumulative deficiencies in such transfers for prior
months.
(3) After the allocations have been made as provided
in paragraphs (1) and (2) of this subsection (c), the
Department of Revenue shall certify to the State
Comptroller and the State Treasurer shall transfer the
amounts that the Department of Revenue determines shall be
transferred into the following named funds according to
the following:
(A) 2% shall be transferred to the Drug Treatment
Fund to be used by the Department of Human Services
for: (i) developing and administering a scientifically
and medically accurate public education campaign
educating youth and adults about the health and safety
risks of alcohol, tobacco, illegal drug use (including
prescription drugs), and cannabis, including use by
pregnant women; and (ii) data collection and analysis
of the public health impacts of legalizing the
recreational use of cannabis. Expenditures for these
purposes shall be subject to appropriations.
(B) 8% shall be transferred to the Local
Government Distributive Fund and allocated as provided
in Section 2 of the State Revenue Sharing Act. The

SB0020 - 41 - LRB104 07738 BDA 17783 b
moneys shall be used to fund crime prevention
programs, training, and interdiction efforts,
including detection, enforcement, and prevention
efforts, relating to the illegal cannabis market and
driving under the influence of cannabis.
(C) 25% shall be transferred to the Criminal
Justice Information Projects Fund to be used for the
purposes of the Restore, Reinvest, and Renew Program
to address economic development, violence prevention
services, re-entry services, youth development, and
civil legal aid, as defined by Section 15 of the Public
Interest Attorney Assistance Act. The Restore,
Reinvest, and Renew Program shall address these issues
through targeted investments and intervention programs
and promotion of an employment infrastructure and
capacity building related to the social determinants
of health in impacted community areas. Expenditures
for these purposes shall be subject to appropriations.
(D) 20% shall be transferred to the Department of
Human Services Community Services Fund, to be used to
address substance abuse and prevention and mental
health concerns, including treatment, education, and
prevention to address the negative impacts of
substance abuse and mental health issues, including
concentrated poverty, violence, and the historical
overuse of criminal justice responses in certain

SB0020 - 42 - LRB104 07738 BDA 17783 b
communities, on the individual, family, and community,
including federal, State, and local governments,
health care institutions and providers, and
correctional facilities. Expenditures for these
purposes shall be subject to appropriations.
(E) 10% shall be transferred to the Budget
Stabilization Fund.
(F) 35%, or any remaining balance, shall be
transferred to the General Revenue Fund.
As soon as may be practical, but no later than 10 days
after receipt, by the State Comptroller of the transfer
certification provided for in this subsection (c) to be given
to the State Comptroller by the Department of Revenue, the
State Comptroller shall direct and the State Treasurer shall
transfer the respective amounts in accordance with the
directions contained in such certification.
(d) On July 1, 2019 the Department of Revenue shall
certify to the State Comptroller and the State Treasurer shall
transfer $5,000,000 from the Compassionate Use of Medical
Cannabis Fund to the Cannabis Regulation Fund.
(e) Notwithstanding any other law to the contrary and
except as otherwise provided in this Section, this Fund is not
subject to sweeps, administrative charge-backs, or any other
fiscal or budgetary maneuver that would in any way transfer
any amounts from this Fund into any other fund of the State.
(f) The Cannabis Regulation Fund shall retain a balance of

SB0020 - 43 - LRB104 07738 BDA 17783 b
$1,000,000 for the purposes of administrative costs.
(g) In Fiscal Year 2024 the allocations in subsection (c)
of this Section shall be reviewed and adjusted if the General
Assembly finds there is a greater need for funding for a
specific purpose in the State as it relates to Public Act
101-27.
(Source: P.A. 101-27, eff. 6-25-19; 102-558, eff. 8-20-21.)
Section 815. The Cannabis Regulation and Tax Act is
amended by changing Sections 1-10, 15-155, 55-35, 60-10,
60-15, and 60-20 and by adding Sections 20-60, 30-30, 35-25,
and 55-5.5 as follows:
(410 ILCS 705/1-10)
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

SB0020 - 44 - LRB104 07738 BDA 17783 b
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,
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

SB0020 - 45 - LRB104 07738 BDA 17783 b
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, including, but not limited to, any
structural, optical, or geometric isomers of THC, or any
chemical compound that mimics THC; 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 and any product
whether derived from natural or synthetic sources with a THC
concentration greater than the THC limit set forth in the
definition of Hemp consumer CBD product in the Hemp Consumer
Products Act.
"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,

SB0020 - 46 - LRB104 07738 BDA 17783 b
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,
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,

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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.
"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

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Illinois community college 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
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.
"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

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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
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.

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"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.
"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.

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"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
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

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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"
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

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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.
"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

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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
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.
"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.
"Tetrahydrocannabinol" or "THC" means any naturally
occurring or synthetic tetrahydrocannabinol, including its
salts, isomers, and salts of isomers whenever the existence of
such salts, isomers, and salts of isomers is possible within
the specific chemical designation and any preparation,
mixture, or substance containing, or mixed or infused with,
any detectable amount of tetrahydrocannabinol or
tetrahydrocannabolic acid, including, but not limited to,
delta-8-tetrahydrocannabinol, delta-9-tetrahydrocannabinol,
delta-10-tetrahydrocannabinol, tetrahydrocannabolic acid,
tetrahydrocannabiphorol, or hexahydrocannabinol, however
derived, or any other substance determined to have similar
intoxicating effects on the mind or body by the Department.
For the purposes of this definition, "isomer" means the
optical, position, and geometric isomers.
"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

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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
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.

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"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.
(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 705/15-155)
Sec. 15-155. Unlicensed practice; violation; civil
penalty.
(a) In addition to any other penalty provided by law, any
person who practices, offers to practice, attempts to
practice, or holds oneself out to practice as a licensed
dispensing organization owner, principal officer,

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agent-in-charge, or agent, cultivates, processes, distributes,
sells, or offers for sale cannabis, cannabis-infused products,
cannabis concentrates, or cannabis flower without being
licensed under this Act shall, in addition to any other
penalty provided by law, pay a civil penalty to the Department
of Financial and Professional Regulation in an amount not to
exceed $10,000 for each offense as determined by the
Department. Each day a person engages in unlicensed practice
in violation of the provisions of this Section constitutes a
separate offense. The civil penalty shall be assessed by the
Department after a hearing is held in accordance with the
provisions set forth in this Act regarding the provision of a
hearing for the discipline of a licensee.
(b) The Department, the Attorney General, any State or
local law enforcement agency, or any State's Attorney has the
authority and power to investigate any and all unlicensed
activity.
(c) The civil penalty shall be paid within 60 days after
the effective date of the order imposing the civil penalty or
in accordance with the order imposing the civil penalty. The
order shall constitute a judgment and may be filed and
execution had thereon in the same manner as any judgment from
any court of this State.
(d) A violation of subsection (a) is an unlawful practice
under Section 2 of the Consumer Fraud and Deceptive Business
Practices Act. All remedies, penalties, and authority granted

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to the Attorney General under that Act shall be available for
the enforcement of this Act.
(e) Nothing in this Section prohibits a unit of local
government from enacting a local law or ordinance to carry out
enforcement activities and assess civil penalties against
unlicensed cannabis sales.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
(410 ILCS 705/20-60 new)
Sec. 20-60. Unlicensed practice; violation; civil penalty.
(a) In addition to any other penalty provided by law, any
person who practices, offers to practice, attempts to
practice, or holds oneself out to practice as a licensed
cultivation center, infuser, or craft grower owner, principal
officer, agent-in-charge, or agent or who cultivates,
processes, distributes, sells, or offers for sale cannabis,
cannabis-infused products, cannabis concentrates, or cannabis
flower without being licensed under this Act shall, in
addition to any other penalty provided by law, pay a civil
penalty to the Department of Agriculture in an amount not to
exceed $10,000 for each offense. Each day any person engages
in unlicensed practice in violation of the provisions of this
Section constitutes a separate offense. The civil penalty
shall be assessed by the Department after a hearing is held in
accordance with the provisions set forth in this Act regarding
hearings for the discipline of a licensee.

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(b) The Department, the Attorney General, any State or
local law enforcement agency, or any State's Attorney has the
authority and power to investigate any and all unlicensed
activity.
(c) The civil penalty shall be paid within 60 days after
the effective date of the order imposing the civil penalty or
in accordance with the order imposing the civil penalty. The
order shall constitute a judgment and may be filed and
execution had thereon in the same manner as any judgment from
any court of this State.
(d) In addition to any other remedies or penalties
provided by law, a unit of local government may suspend or
revoke any locally established licenses held by the person,
and prohibit the person from further operations and seize any
cannabis or THC product.
(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
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

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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
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

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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
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

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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
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

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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
cultivation center, a craft grower, an infuser organization, a
dispensing organization, or a laboratory.
(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
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

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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
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

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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) A craft grower may purchase a hemp-derived
intoxicating product from a hemp consumer product manufacturer
and offer a hemp-derived intoxicating product for sale to
another cannabis business establishment. Once a hemp-derived
intoxicating product is delivered to a craft grower, it is
considered cannabis and the craft grower is responsible for
ensuring the product meets all requirements of this Act.
(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;
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

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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
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.

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(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
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.

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(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
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

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transporting organization to transport cannabis to a
dispensing organization or a laboratory.
(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
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,

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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) An infuser may purchase a hemp-derived intoxicating
product from a hemp consumer product manufacturer and offer a
hemp-derived intoxicating product for sale to another cannabis
business establishment. Once a hemp-derived intoxicating
product is delivered to an infuser, it is considered cannabis
and the infuser is responsible for ensuring the product meets
all requirements of this Act.
(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 705/55-5.5 new)
Sec. 55-5.5. Use of hemp in cannabis-infused products.
(a) For purposes of this Section, "industrial hemp" has

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the meaning given to it under the Industrial Hemp Act.
(b) Cannabis business establishments licensed by the
Department of Agriculture for cultivation, growing,
processing, manufacturing, or infusing of medical or adult use
cannabis products pursuant to this Act or the Compassionate
Use of Medical Cannabis Program Act may use industrial hemp as
an ingredient in cannabis-infused products offered for sale at
licensed dispensaries in Illinois. Hemp flower shall not be
sold to dispensaries.
(c) All hemp obtained under this Section must be used in
extracted form and in infused cannabis products only.
(d) Industrial hemp may be procured from third-party
licensed growers or manufacturers from within the State or any
other state with a regulated industrial hemp program.
(e) All hemp and hemp derivatives shall be obtained from a
licensed or registered hemp grower or manufacturer, regardless
of the home state of the grower or manufacturer. Cannabis
producers shall provide a copy of the hemp grower's or
manufacturer's State-issued license upon demand of the
Department of Agriculture or the Illinois State Police.
(f) Industrial hemp flower and biomass may be purchased
and extracted by licensed cannabis cultivation centers or
licensed craft growers.
(g) Licensed cannabis cultivation centers and licensed
craft growers may procure or process industrial hemp in the
form of distillate or isolate. Licensed infusers may procure

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industrial hemp in the form of distillate or isolate.
(h) Hemp and hemp derivatives may not be used to
concentrate or to synthesize intoxicating compounds and may
not exceed 0.3% THC.
(l) Final products containing hemp or hemp derivatives
sold by a cannabis business establishment shall be
cannabis-infused products and shall be subject to the
requirements of the Compassionate Use of Medical Cannabis Act
and the Cannabis Regulation and Tax Act and any applicable
administrative rules.
(410 ILCS 705/55-35)
Sec. 55-35. Administrative rulemaking.
(a) No later than 180 days after the effective date of this
Act, the Department of Agriculture, the Illinois State Police,
the Department of Financial and Professional Regulation, the
Department of Revenue, the Department of Commerce and Economic
Opportunity, and the Treasurer's Office shall adopt permanent
rules in accordance with their responsibilities under this
Act. The Department of Agriculture, the Illinois State Police,
the Department of Financial and Professional Regulation, the
Department of Revenue, and the Department of Commerce and
Economic Opportunity may adopt rules necessary to regulate
personal cannabis use through the use of emergency rulemaking
in accordance with subsection (gg) of Section 5-45 of the
Illinois Administrative Procedure Act. The General Assembly

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finds that the adoption of rules to regulate cannabis use is
deemed an emergency and necessary for the public interest,
safety, and welfare.
(b) The Department of Agriculture rules may address, but
are not limited to, the following matters related to
cultivation centers, craft growers, infuser organizations, and
transporting organizations with the goal of protecting against
diversion and theft, without imposing an undue burden on the
cultivation centers, craft growers, infuser organizations, or
transporting organizations:
(1) oversight requirements for cultivation centers,
craft growers, infuser organizations, and transporting
organizations;
(2) recordkeeping requirements for cultivation
centers, craft growers, infuser organizations, and
transporting organizations;
(3) security requirements for cultivation centers,
craft growers, infuser organizations, and transporting
organizations, which shall include that each cultivation
center, craft grower, infuser organization, and
transporting organization location must be protected by a
fully operational security alarm system;
(4) standards for enclosed, locked facilities under
this Act;
(5) procedures for suspending or revoking the
identification cards of agents of cultivation centers,

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craft growers, infuser organizations, and transporting
organizations that commit violations of this Act or the
rules adopted under this Section;
(6) rules concerning the intrastate transportation of
cannabis from a cultivation center, craft grower, infuser
organization, and transporting organization to a
dispensing organization;
(7) standards concerning the testing, quality,
cultivation, and processing of cannabis; and
(7.5) standards and rules for the investigation and
enforcement of unregulated and unlicensed sale of cannabis
and cannabis products; and
(8) any other matters under oversight by the
Department of Agriculture as are necessary for the fair,
impartial, stringent, and comprehensive administration of
this Act.
(b-5) Notwithstanding any standards and rules developed
under paragraph (7.5) of subsection (b) of this Section, the
Department of Agriculture shall update through official
guidance and publish publicly on its website the cannabinoids
that it deems tetrahydrocannabinol or THC on or before January
1 and July 1 of each calendar year.
(c) The Department of Financial and Professional
Regulation rules may address, but are not limited to, the
following matters related to dispensing organizations, with
the goal of protecting against diversion and theft, without

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imposing an undue burden on the dispensing organizations:
(1) oversight requirements for dispensing
organizations;
(2) recordkeeping requirements for dispensing
organizations;
(3) security requirements for dispensing
organizations, which shall include that each dispensing
organization location must be protected by a fully
operational security alarm system;
(4) procedures for suspending or revoking the licenses
of dispensing organization agents that commit violations
of this Act or the rules adopted under this Act;
(4.5) standards and rules for the investigation and
enforcement of unregulated and unlicensed sale of cannabis
and cannabis products; and
(5) any other matters under oversight by the
Department of Financial and Professional Regulation that
are necessary for the fair, impartial, stringent, and
comprehensive administration of this Act.
(d) The Department of Revenue rules may address, but are
not limited to, the following matters related to the payment
of taxes by cannabis business establishments:
(1) recording of sales;
(2) documentation of taxable income and expenses;
(3) transfer of funds for the payment of taxes; or
(4) any other matter under the oversight of the

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Department of Revenue.
(e) The Department of Commerce and Economic Opportunity
rules may address, but are not limited to, a loan program or
grant program to assist Social Equity Applicants access the
capital needed to start a cannabis business establishment. The
names of recipients and the amounts of any moneys received
through a loan program or grant program shall be a public
record.
(f) The Illinois State Police rules may address
enforcement of its authority under this Act. The Illinois
State Police shall not make rules that infringe on the
exclusive authority of the Department of Financial and
Professional Regulation or the Department of Agriculture over
licensees under this Act.
(g) The Department of Human Services shall develop and
disseminate:
(1) educational information about the health risks
associated with the use of cannabis; and
(2) one or more public education campaigns in
coordination with local health departments and community
organizations, including one or more prevention campaigns
directed at children, adolescents, parents, and pregnant
or breastfeeding women, to inform them of the potential
health risks associated with intentional or unintentional
cannabis use.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;

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102-538, eff. 8-20-21.)
(410 ILCS 705/60-10)
Sec. 60-10. Tax imposed.
(a) Beginning September 1, 2019, a tax is imposed upon the
privilege of cultivating cannabis at the rate of 7% of the
gross receipts from the first sale of cannabis by a
cultivator. The sale of any product that contains any amount
of cannabis or any derivative thereof is subject to the tax
under this Section on the full selling price of the product.
The Department may determine the selling price of the cannabis
when the seller and purchaser are affiliated persons, when the
sale and purchase of cannabis is not an arm's length
transaction, or when cannabis is transferred by a craft grower
to the craft grower's dispensing organization or infuser or
processing organization and a value is not established for the
cannabis. The value determined by the Department shall be
commensurate with the actual price received for products of
like quality, character, and use in the area. If there are no
sales of cannabis of like quality, character, and use in the
same area, then the Department shall establish a reasonable
value based on sales of products of like quality, character,
and use in other areas of the State, taking into consideration
any other relevant factors.
(a-5) Beginning January 1, 2026, a tax is imposed upon the
privilege of processing hemp-derived intoxicating products at

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the rate of 7% of the gross receipts from the hemp
manufacturer's sale of a hemp-derived intoxicating product to
a craft grower or infuser. The sale of any hemp-derived
intoxicating product as defined in the Hemp Consumer Products
Act is subject to the tax under this Section on the full
selling price of the product. The Department may determine the
selling price of the hemp-derived intoxicating product when
the seller and purchaser are affiliated persons or when the
sale and purchase of a hemp-derived intoxicating product is
not an arm's length transaction. The value determined by the
Department shall be commensurate with the actual price
received for products of like quality, character, and use in
the area. If there are no sales of hemp-derived intoxicating
products of like quality, character, and use in the same area,
then the Department shall establish a reasonable value based
on sales of products of like quality, character, and use in
other areas of the State, taking into consideration any other
relevant factors.
(b) The Cannabis Cultivation Privilege Tax imposed under
this Article is solely the responsibility of the cultivator
who makes the first sale and is not the responsibility of a
subsequent purchaser, a dispensing organization, or an
infuser. Persons subject to the tax imposed under this Article
may, however, reimburse themselves for their tax liability
hereunder by separately stating reimbursement for their tax
liability as an additional charge.

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(c) The tax imposed under this Article shall be in
addition to all other occupation, privilege, or excise taxes
imposed by the State of Illinois or by any unit of local
government.
(Source: P.A. 101-27, eff. 6-25-19.)
(410 ILCS 705/60-15)
Sec. 60-15. Registration of cultivators. Every cultivator
and craft grower subject to the tax under this Article shall
apply to the Department of Revenue for a certificate of
registration under this Article. All applications for
registration under this Article shall be made by electronic
means in the form and manner required by the Department. For
that purpose, the provisions of Section 2a of the Retailers'
Occupation Tax Act are incorporated into this Article to the
extent not inconsistent with this Article. In addition, no
certificate of registration shall be issued under this Article
unless the applicant is licensed under this Act or is licensed
as a hemp consumer products manufacturer under the Hemp
Consumer Products Act.
(Source: P.A. 101-27, eff. 6-25-19.)
(410 ILCS 705/60-20)
Sec. 60-20. Return and payment of cannabis cultivation
privilege tax. Each person who is required to pay the tax
imposed by this Article shall make a return to the Department

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on or before the 20th day of each month for the preceding
calendar month stating the following:
(1) the taxpayer's name;
(2) the address of the taxpayer's principal place of
business and the address of the principal place of
business (if that is a different address) from which the
taxpayer is engaged in the business of cultivating
cannabis subject to tax under this Article;
(3) the total amount of receipts received by the
taxpayer during the preceding calendar month from sales of
cannabis or hemp-derived intoxicating products subject to
tax under this Article by the taxpayer during the
preceding calendar month;
(4) the total amount received by the taxpayer during
the preceding calendar month on charge and time sales of
cannabis subject to tax imposed under this Article by the
taxpayer before the month for which the return is filed;
(5) deductions allowed by law;
(6) gross receipts that were received by the taxpayer
during the preceding calendar month and upon the basis of
which the tax is imposed;
(7) the amount of tax due;
(8) the signature of the taxpayer; and
(9) any other information as the Department may
reasonably require.
All returns required to be filed and payments required to

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be made under this Article shall be by electronic means.
Taxpayers who demonstrate hardship in paying electronically
may petition the Department to waive the electronic payment
requirement. The Department may require a separate return for
the tax under this Article or combine the return for the tax
under this Article with the return for the tax under the
Compassionate Use of Medical Cannabis Program Act. If the
return for the tax under this Article is combined with the
return for tax under the Compassionate Use of Medical Cannabis
Program Act, then the vendor's discount allowed under this
Section and any cap on that discount shall apply to the
combined return. The taxpayer making the return provided for
in this Section shall also pay to the Department, in
accordance with this Section, the amount of tax imposed by
this Article, less a discount of 1.75%, but not to exceed
$1,000 per return period, which is allowed to reimburse the
taxpayer for the expenses incurred in keeping records,
collecting tax, preparing and filing returns, remitting the
tax, and supplying data to the Department upon request. No
discount may be claimed by a taxpayer on returns not timely
filed and for taxes not timely remitted. No discount may be
claimed by a taxpayer for any return that is not filed
electronically. No discount may be claimed by a taxpayer for
any payment that is not made electronically, unless a waiver
has been granted under this Section. Any amount that is
required to be shown or reported on any return or other

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document under this Article shall, if the amount is not a
whole-dollar amount, be increased to the nearest whole-dollar
amount if the fractional part of a dollar is $0.50 or more and
decreased to the nearest whole-dollar amount if the fractional
part of a dollar is less than $0.50. If a total amount of less
than $1 is payable, refundable, or creditable, the amount
shall be disregarded if it is less than $0.50 and shall be
increased to $1 if it is $0.50 or more. Notwithstanding any
other provision of this Article concerning the time within
which a taxpayer may file a return, any such taxpayer who
ceases to engage in the kind of business that makes the person
responsible for filing returns under this Article shall file a
final return under this Article with the Department within one
month after discontinuing such business.
Each taxpayer under this Article shall make estimated
payments to the Department on or before the 7th, 15th, 22nd,
and last day of the month during which tax liability to the
Department is incurred. The payments shall be in an amount not
less than the lower of either 22.5% of the taxpayer's actual
tax liability for the month or 25% of the taxpayer's actual tax
liability for the same calendar month of the preceding year.
The amount of the quarter-monthly payments shall be credited
against the final tax liability of the taxpayer's return for
that month. If any quarter-monthly payment is not paid at the
time or in the amount required by this Section, then the
taxpayer shall be liable for penalties and interest on the

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difference between the minimum amount due as a payment and the
amount of the quarter-monthly payment actually and timely
paid, except insofar as the taxpayer has previously made
payments for that month to the Department in excess of the
minimum payments previously due as provided in this Section.
If any payment provided for in this Section exceeds the
taxpayer's liabilities under this Article, as shown on an
original monthly return, the Department shall, if requested by
the taxpayer, issue to the taxpayer a credit memorandum no
later than 30 days after the date of payment. The credit
evidenced by the credit memorandum may be assigned by the
taxpayer to a similar taxpayer under this Act, in accordance
with reasonable rules to be prescribed by the Department. If
no such request is made, the taxpayer may credit the excess
payment against tax liability subsequently to be remitted to
the Department under this Act, in accordance with reasonable
rules prescribed by the Department. If the Department
subsequently determines that all or any part of the credit
taken was not actually due to the taxpayer, the taxpayer's
discount shall be reduced, if necessary, to reflect the
difference between the credit taken and that actually due, and
that taxpayer shall be liable for penalties and interest on
the difference.
If a taxpayer fails to sign a return within 30 days after
the proper notice and demand for signature by the Department
is received by the taxpayer, the return shall be considered

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valid and any amount shown to be due on the return shall be
deemed assessed.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
Section 820. The Industrial Hemp Act is amended by
changing Sections 5, 10, and 20 and by adding Section 30 as
follows:
(505 ILCS 89/5)
Sec. 5. Definitions. In this Act:
"Department" means the Department of Agriculture.
"Director" means the Director of Agriculture.
"Hemp" or "industrial hemp" means the plant species
Cannabis sativa L. and any part of that plant, including the
seeds thereof and all derivatives, extracts, cannabinoids,
isomers, acids, salts, and salts of isomers, whether growing
or not, with a total delta-9 tetrahydrocannabinol
concentration of not more than 0.3 percent on a dry weight
basis. "Hemp" or "industrial hemp" means the plant Cannabis
sativa L. and any part of that plant, whether growing or not,
with a delta-9 tetrahydrocannabinol concentration of not more
than 0.3 percent on a dry weight basis and includes any
intermediate or finished product made or derived from
industrial hemp.
"Hemp production plan" means a plan submitted by the
Department to the Secretary of the United States Department of

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Agriculture pursuant to the federal Agriculture Improvement
Act of 2018, Public Law 115-334, and consistent with the
Domestic Hemp Production Program pursuant to 7 CFR Part 990
wherein the Department establishes its desire to have primary
regulatory authority over the production of hemp.
"Industrial hemp processor" means any entity that
processes or handles industrial hemp into a final product not
intended for human or animal consumption that is registered
with the Department. "Industrial hemp processor" includes,
until the availability of a hemp consumer product manufacturer
license under the Hemp Consumer Product Act, any entity that
processes or handles industrial hemp.
"Industrial hemp product" means any finished product made
or derived from industrial hemp that is not intended for human
or animal consumption by any means. "Industrial hemp product"
does not include any edible, topical, or beverage product or
any product that may be smoked or vaped.
"Land area" means a farm as defined in Section 1-60 of the
Property Tax Code in this State or land or facilities under the
control of an institution of higher education.
"Person" means any individual, partnership, firm,
corporation, company, society, association, the State or any
department, agency, or subdivision thereof, or any other
entity.
"Process" means the conversion of raw industrial hemp
plant material into a form that is presently legal to import

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from outside the United States under federal law.
"THC" means delta-9 tetrahydrocannabinol.
(Source: P.A. 102-690, eff. 12-17-21.)
(505 ILCS 89/10)
Sec. 10. Licenses and registration.
(a) No person shall cultivate industrial hemp in this
State without a license issued by the Department.
(b) The application for a license shall include:
(1) the name and address of the applicant;
(2) the legal description of the land area, including
Global Positioning System coordinates, to be used to
cultivate industrial hemp; and
(3) if federal law requires a research purpose for the
cultivation of industrial hemp, a description of one or
more research purposes planned for the cultivation of
industrial hemp which may include the study of the growth,
cultivation, or marketing of industrial hemp; however, the
research purpose requirement shall not be construed to
limit the commercial sale of industrial hemp.
(b-5) A person shall not process industrial hemp in this
State without registering with the Department as an industrial
hemp processor on a form prescribed by the Department.
(c) The Department may determine, by rule, the duration of
a license or registration; application, registration, and
license fees; and the requirements for license or registration

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renewal.
(Source: P.A. 102-690, eff. 12-17-21.)
(505 ILCS 89/20)
Sec. 20. Hemp products. Nothing in this Act shall alter
the legality of industrial hemp or hemp products not intended
for human or animal consumption by any means. The manufacture,
sale, and advertisement of all hemp or hemp products that are
intended for human or animal consumption by any means are
regulated under the Hemp Consumer Products Act hemp or hemp
products that are presently legal to possess or own.
(Source: P.A. 100-1091, eff. 8-26-18.)
(505 ILCS 89/30 new)
Sec. 30. Industrial Hemp processing.
(a) A person may not process industrial hemp in this State
without registering with the Department on a form prescribed
by the Department.
(b) The application shall include:
(1) the name and address of the applicant; and
(2) the address of the location at which hemp will be
processed.
(3) A certification that the hemp processor shall not
produce, process or manufacture any product derived from
hemp intended for human or animal consumption or produce,
process, or manufacture any product that will be provided,

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transferred or sold to a different entity that will create
products intended for human or animal consumption.
(4) A description of the processes that the industrial
hemp processor will be performing.
(c) The Department may determine, by rule, the duration of
a hemp processor registration, application, and registration
fees, and the requirements for registration renewal.
(d) An industrial hemp processor shall be prohibited from
extracting, concentrating, or synthesizing hemp
phytocannabinoids.
(e) Beginning January 1, 2026, all active hemp processing
registrations that process or manufacture products derived
from hemp intended for human or animal consumption shall be
regulated under the Hemp Consumer Products Act. Hemp
processing shall not be regulated under the Industrial Hemp
Act. By January 1, 2026, the Department of Agriculture shall
create a process to provide each active hemp processor
registrant that processes or produces products intended for
human or animal consumption by any means with a Hemp Consumer
Products Act hemp consumer product manufacturer license.
(f) The Department may revoke the registration of any
industrial hemp processor that processes or manufactures
products derived from hemp intended for human or animal
consumption and fails to register as a hemp consumer product
manufacturer under the Hemp Consumer Products Act by March 1,
2026. All industrial hemp processors that are not processing

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or manufacturing products derived from hemp intended for human
or animal consumption shall provide the Department with a
certification that they are not processing or manufacturing
products intended for human or animal consumption by March 1,
2026. The Department may revoke the registration of any
industrial hemp processor that fails to provide the Department
with a certification by March 1, 2026.
(g) The Department may inspect industrial hemp processors
to ensure compliance with this Act and administrative rules.
(h) On and after the effective date of this amendatory Act
of the 104th General Assembly, cannabis business
establishments licensed under the Cannabis Regulation and Tax
Act are not required to obtain a hemp processor registration
or hemp consumer product manufacturer license.
Section 825. The Cannabis Control Act is amended by
changing Sections 3, 4, 5, and 5.1 as follows:
(720 ILCS 550/3) (from Ch. 56 1/2, par. 703)
Sec. 3. As used in this Act, unless the context otherwise
requires:
(a) "Cannabis" includes marihuana, hashish and other
substances which are identified as including any parts of the
plant Cannabis Sativa, whether growing or not; the seeds
thereof, the resin extracted from any part of such plant; and
any compound, manufacture, salt, derivative, mixture, or

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preparation of such plant, its seeds, or resin, including
tetrahydrocannabinol (THC) and all other cannabinol
derivatives, including its naturally occurring or
synthetically produced ingredients, whether produced directly
or indirectly by extraction, or independently by means of
chemical synthesis or by a combination of extraction and
chemical synthesis, including, but not limited to, any
structural, optical, or geometric isomers of THC, or any
chemical compound that mimics THC; but shall not include the
mature stalks of such plant, fiber produced from such stalks,
oil or cake made from the seeds of such plant, any other
compound, manufacture, salt, derivative, mixture, or
preparation of such mature stalks (except the resin extracted
therefrom), fiber, oil or cake, or the sterilized seed of such
plant which is incapable of germination.
(b) "Casual delivery" means the delivery of not more than
10 grams of any substance containing cannabis without
consideration.
(c) "Department" means the Illinois Department of Human
Services (as successor to the Department of Alcoholism and
Substance Abuse) or its successor agency.
(d) "Deliver" or "delivery" means the actual, constructive
or attempted transfer of possession of cannabis, with or
without consideration, whether or not there is an agency
relationship.
(e) (Blank).

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(f) "Director" means the Director of the Illinois State
Police or his designated agent.
(g) "Local authorities" means a duly organized State,
county, or municipal peace unit or police force.
(h) "Manufacture" means the production, preparation,
propagation, compounding, conversion or processing of
cannabis, either directly or indirectly, by extraction from
substances of natural origin, or independently by means of
chemical synthesis, or by a combination of extraction and
chemical synthesis, and includes any packaging or repackaging
of cannabis or labeling of its container, except that this
term does not include the preparation, compounding, packaging,
or labeling of cannabis as an incident to lawful research,
teaching, or chemical analysis and not for sale.
(i) "Person" means any individual, corporation, government
or governmental subdivision or agency, business trust, estate,
trust, partnership or association, or any other entity.
(j) "Produce" or "production" means planting, cultivating,
tending or harvesting.
(k) "State" includes the State of Illinois and any state,
district, commonwealth, territory, insular possession thereof,
and any area subject to the legal authority of the United
States of America.
(l) "Subsequent offense" means an offense under this Act,
the offender of which, prior to his conviction of the offense,
has at any time been convicted under this Act or under any laws

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of the United States or of any state relating to cannabis, or
any controlled substance as defined in the Illinois Controlled
Substances Act.
(m) "Tetrahydrocannabinol" or "THC" means any naturally
occurring or synthetic tetrahydrocannabinol, including its
salts, isomers, and salts of isomers whenever the existence of
such salts, isomers, and salts of isomers is possible within
the specific chemical designation and any preparation,
mixture, or substance containing, or mixed or infused with,
any detectable amount of tetrahydrocannabinol or
tetrahydrocannabolic acid, including, but not limited to,
delta-8-tetrahydrocannabinol, delta-9-tetrahydrocannabinol,
delta-10-tetrahydrocannabinol, tetrahydrocannabolic acid,
tetrahydrocannabipherol, or hexahydrocannabinol, however
derived, or any other substance determined to have similar
intoxicating effects on the mind or body by the Department of
Agriculture. As used in this definition, "isomer" means the
optical, position, and geometric isomers.
(Source: P.A. 101-593, eff. 12-4-19; 102-538, eff. 8-20-21.)
(720 ILCS 550/4) (from Ch. 56 1/2, par. 704)
Sec. 4. Except as otherwise provided in the Cannabis
Regulation and Tax Act, Hemp Consumer Products Act, and the
Industrial Hemp Act, it is unlawful for any person knowingly
to possess cannabis.
Any person who violates this Section with respect to:

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(a) not more than 10 grams of any substance containing
cannabis is guilty of a civil law violation punishable by
a minimum fine of $100 and a maximum fine of $200. The
proceeds of the fine shall be payable to the clerk of the
circuit court. Within 30 days after the deposit of the
fine, the clerk shall distribute the proceeds of the fine
as follows:
(1) $10 of the fine to the circuit clerk and $10 of
the fine to the law enforcement agency that issued the
citation; the proceeds of each $10 fine distributed to
the circuit clerk and each $10 fine distributed to the
law enforcement agency that issued the citation for
the violation shall be used to defer the cost of
automatic expungements under paragraph (2.5) of
subsection (a) of Section 5.2 of the Criminal
Identification Act;
(2) $15 to the county to fund drug addiction
services;
(3) $10 to the Office of the State's Attorneys
Appellate Prosecutor for use in training programs;
(4) $10 to the State's Attorney; and
(5) any remainder of the fine to the law
enforcement agency that issued the citation for the
violation.
With respect to funds designated for the Illinois
State Police, the moneys shall be remitted by the circuit

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court clerk to the Illinois State Police within one month
after receipt for deposit into the State Police Operations
Assistance Fund. With respect to funds designated for the
Department of Natural Resources, the Department of Natural
Resources shall deposit the moneys into the Conservation
Police Operations Assistance Fund;
(b) more than 10 grams but not more than 30 grams of
any substance containing cannabis is guilty of a Class B
misdemeanor;
(c) more than 30 grams but not more than 100 grams of
any substance containing cannabis is guilty of a Class A
misdemeanor; provided, that if any offense under this
subsection (c) is a subsequent offense, the offender shall
be guilty of a Class 4 felony;
(d) more than 100 grams but not more than 500 grams of
any substance containing cannabis is guilty of a Class 4
felony; provided that if any offense under this subsection
(d) is a subsequent offense, the offender shall be guilty
of a Class 3 felony;
(e) more than 500 grams but not more than 2,000 grams
of any substance containing cannabis is guilty of a Class
3 felony;
(f) more than 2,000 grams but not more than 5,000
grams of any substance containing cannabis is guilty of a
Class 2 felony;
(g) more than 5,000 grams of any substance containing

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cannabis is guilty of a Class 1 felony.
Fines and assessments, such as fees or administrative
costs, authorized under this Section shall not be ordered or
imposed against a minor subject to Article III, IV, or V of the
Juvenile Court Act of 1987, or a minor under the age of 18
transferred to adult court or excluded from juvenile court
jurisdiction under Article V of the Juvenile Court Act of
1987, or the minor's parent, guardian, or legal custodian.
(Source: P.A. 102-538, eff. 8-20-21; 103-379, eff. 7-28-23.)
(720 ILCS 550/5) (from Ch. 56 1/2, par. 705)
Sec. 5. Except as otherwise provided in the Cannabis
Regulation and Tax Act, Hemp Consumer Products Act, and the
Industrial Hemp Act, it is unlawful for any person knowingly
to manufacture, deliver, or possess with intent to deliver, or
manufacture, cannabis. Any person who violates this Section
with respect to:
(a) not more than 2.5 grams of any substance
containing cannabis is guilty of a Class B misdemeanor;
(b) more than 2.5 grams but not more than 10 grams of
any substance containing cannabis is guilty of a Class A
misdemeanor;
(c) more than 10 grams but not more than 30 grams of
any substance containing cannabis is guilty of a Class 4
felony;
(d) more than 30 grams but not more than 500 grams of

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any substance containing cannabis is guilty of a Class 3
felony for which a fine not to exceed $50,000 may be
imposed;
(e) more than 500 grams but not more than 2,000 grams
of any substance containing cannabis is guilty of a Class
2 felony for which a fine not to exceed $100,000 may be
imposed;
(f) more than 2,000 grams but not more than 5,000
grams of any substance containing cannabis is guilty of a
Class 1 felony for which a fine not to exceed $150,000 may
be imposed;
(g) more than 5,000 grams of any substance containing
cannabis is guilty of a Class X felony for which a fine not
to exceed $200,000 may be imposed.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
(720 ILCS 550/5.1) (from Ch. 56 1/2, par. 705.1)
Sec. 5.1. Cannabis trafficking.
(a) Except for purposes authorized by this Act, the
Industrial Hemp Act, the Hemp Consumer Products Act, or the
Cannabis Regulation and Tax Act, any person who knowingly
brings or causes to be brought into this State for the purpose
of manufacture or delivery or with the intent to manufacture
or deliver 2,500 grams or more of cannabis in this State or any
other state or country is guilty of cannabis trafficking.
(b) A person convicted of cannabis trafficking shall be

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sentenced to a term of imprisonment not less than twice the
minimum term and fined an amount as authorized by subsection
(f) or (g) of Section 5 of this Act, based upon the amount of
cannabis brought or caused to be brought into this State, and
not more than twice the maximum term of imprisonment and fined
twice the amount as authorized by subsection (f) or (g) of
Section 5 of this Act, based upon the amount of cannabis
brought or caused to be brought into this State.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
Section 830. The Consumer Fraud and Deceptive Business
Practices Act is amended by changing Section 2Z as follows:
(815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)
Sec. 2Z. Violations of other Acts. Any person who
knowingly violates the Automotive Repair Act, the Automotive
Collision Repair Act, the Home Repair and Remodeling Act, the
Dance Studio Act, the Physical Fitness Services Act, the
Hearing Instrument Consumer Protection Act, the Illinois Union
Label Act, the Installment Sales Contract Act, the Job
Referral and Job Listing Services Consumer Protection Act, the
Travel Promotion Consumer Protection Act, the Credit Services
Organizations Act, the Automatic Telephone Dialers Act, the
Pay-Per-Call Services Consumer Protection Act, the Telephone
Solicitations Act, the Illinois Funeral or Burial Funds Act,
the Cemetery Oversight Act, the Cemetery Care Act, the Safe

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and Hygienic Bed Act, the Illinois Pre-Need Cemetery Sales
Act, the High Risk Home Loan Act, the Payday Loan Reform Act,
the Predatory Loan Prevention Act, the Mortgage Rescue Fraud
Act, subsection (a) or (b) of Section 3-10 of the Cigarette Tax
Act, subsection (a) or (b) of Section 3-10 of the Cigarette Use
Tax Act, the Electronic Mail Act, the Internet Caller
Identification Act, paragraph (6) of subsection (k) of Section
6-305 of the Illinois Vehicle Code, Section 11-1431, 18d-115,
18d-120, 18d-125, 18d-135, 18d-150, or 18d-153 of the Illinois
Vehicle Code, Article 3 of the Residential Real Property
Disclosure Act, the Automatic Contract Renewal Act, the
Reverse Mortgage Act, Section 25 of the Youth Mental Health
Protection Act, the Personal Information Protection Act, or
the Student Online Personal Protection Act, or subsection (a)
of Section 15-155 of the Cannabis Regulation and Tax Act
commits an unlawful practice within the meaning of this Act.
(Source: P.A. 100-315, eff. 8-24-17; 100-416, eff. 1-1-18;
100-863, eff. 8-14-18; 101-658, eff. 3-23-21.)
Section 999. Effective date. This Act takes effect upon
becoming law.
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INDEX
Statutes amended in order of appearance