Bill Text: IL HB5527 | 2019-2020 | 101st General Assembly | Introduced
Bill Title: Amends the Cannabis Regulation and Tax Act. Provides that a cultivation center may sell or distribute cannabis or cannabis-infused products to an independent dispensing organization. Provides that at least half of all cannabis and cannabis-infused products sold by a cultivation center must be sold to independent dispensing organizations. Defines "independent dispensing organization".
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-02-18 - Referred to Rules Committee [HB5527 Detail]
Download: Illinois-2019-HB5527-Introduced.html
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1 | AN ACT concerning health.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Cannabis Regulation and Tax Act is amended | |||||||||||||||||||||
5 | by changing Sections 1-10 and 20-30 as follows:
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6 | (410 ILCS 705/1-10)
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7 | Sec. 1-10. Definitions. In this Act: | |||||||||||||||||||||
8 | "Adult Use Cultivation Center License" means a license | |||||||||||||||||||||
9 | issued by the Department of Agriculture that permits a person | |||||||||||||||||||||
10 | to act as a cultivation center under this Act and any | |||||||||||||||||||||
11 | administrative rule made in furtherance of this Act. | |||||||||||||||||||||
12 | "Adult Use Dispensing Organization License" means a | |||||||||||||||||||||
13 | license issued by the Department of Financial and Professional | |||||||||||||||||||||
14 | Regulation that permits a person to act as a dispensing | |||||||||||||||||||||
15 | organization under this Act and any administrative rule made in | |||||||||||||||||||||
16 | furtherance of this Act. | |||||||||||||||||||||
17 | "Advertise" means to engage in promotional activities | |||||||||||||||||||||
18 | including, but not limited to: newspaper, radio, Internet and | |||||||||||||||||||||
19 | electronic media, and television advertising; the distribution | |||||||||||||||||||||
20 | of fliers and circulars; billboard advertising; and the display | |||||||||||||||||||||
21 | of window and interior signs. "Advertise" does not mean | |||||||||||||||||||||
22 | exterior signage displaying only the name of the licensed | |||||||||||||||||||||
23 | cannabis business establishment. |
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1 | "BLS Region" means a region in Illinois used by the United | ||||||
2 | States Bureau of Labor Statistics to gather and categorize | ||||||
3 | certain employment and wage data. The 17 such regions in | ||||||
4 | Illinois are: Bloomington, Cape Girardeau, Carbondale-Marion, | ||||||
5 | Champaign-Urbana, Chicago-Naperville-Elgin, Danville, | ||||||
6 | Davenport-Moline-Rock Island, Decatur, Kankakee, Peoria, | ||||||
7 | Rockford, St. Louis, Springfield, Northwest Illinois | ||||||
8 | nonmetropolitan area, West Central Illinois nonmetropolitan | ||||||
9 | area, East Central Illinois nonmetropolitan area, and South | ||||||
10 | Illinois nonmetropolitan area. | ||||||
11 | "Cannabis" means marijuana, hashish, and other substances | ||||||
12 | that are identified as including any parts of the plant | ||||||
13 | Cannabis sativa and including derivatives or subspecies, such | ||||||
14 | as indica, of all strains of cannabis, whether growing or not; | ||||||
15 | the seeds thereof, the resin extracted from any part of the | ||||||
16 | plant; and any compound, manufacture, salt, derivative, | ||||||
17 | mixture, or preparation of the plant, its seeds, or resin, | ||||||
18 | including tetrahydrocannabinol (THC) and all other naturally | ||||||
19 | produced cannabinol derivatives, whether produced directly or | ||||||
20 | indirectly by extraction; however, "cannabis" does not include | ||||||
21 | the mature stalks of the plant, fiber produced from the stalks, | ||||||
22 | oil or cake made from the seeds of the plant, any other | ||||||
23 | compound, manufacture, salt, derivative, mixture, or | ||||||
24 | preparation of the mature stalks (except the resin extracted | ||||||
25 | from it), fiber, oil or cake, or the sterilized seed of the | ||||||
26 | plant that is incapable of germination. "Cannabis" does not |
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1 | include industrial hemp as defined and authorized under the | ||||||
2 | Industrial Hemp Act. "Cannabis" also means cannabis flower, | ||||||
3 | concentrate, and cannabis-infused products. | ||||||
4 | "Cannabis business establishment" means a cultivation | ||||||
5 | center, craft grower, processing organization, infuser | ||||||
6 | organization, dispensing organization, or transporting | ||||||
7 | organization. | ||||||
8 | "Cannabis concentrate" means a product derived from | ||||||
9 | cannabis that is produced by extracting cannabinoids, | ||||||
10 | including tetrahydrocannabinol (THC), from the plant through | ||||||
11 | the use of propylene glycol, glycerin, butter, olive oil or | ||||||
12 | other typical cooking fats; water, ice, or dry ice; or butane, | ||||||
13 | propane, CO 2 , ethanol, or isopropanol and with the intended use | ||||||
14 | of smoking or making a cannabis-infused product. The use of any | ||||||
15 | other solvent is expressly prohibited unless and until it is | ||||||
16 | approved by the Department of Agriculture. | ||||||
17 | "Cannabis container" means a sealed, traceable, container, | ||||||
18 | or package used for the purpose of containment of cannabis or | ||||||
19 | cannabis-infused product during transportation. | ||||||
20 | "Cannabis flower" means marijuana, hashish, and other | ||||||
21 | substances that are identified as including any parts of the | ||||||
22 | plant Cannabis sativa and including derivatives or subspecies, | ||||||
23 | such as indica, of all strains of cannabis; including raw kief, | ||||||
24 | leaves, and buds, but not resin that has been extracted from | ||||||
25 | any part of such plant; nor any compound, manufacture, salt, | ||||||
26 | derivative, mixture, or preparation of such plant, its seeds, |
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1 | or resin. | ||||||
2 | "Cannabis-infused product" means a beverage, food, oil, | ||||||
3 | ointment, tincture, topical formulation, or another product | ||||||
4 | containing cannabis or cannabis concentrate that is not | ||||||
5 | intended to be smoked. | ||||||
6 | "Cannabis paraphernalia" means equipment, products, or | ||||||
7 | materials intended to be used for planting, propagating, | ||||||
8 | cultivating, growing, harvesting, manufacturing, producing, | ||||||
9 | processing, preparing, testing, analyzing, packaging, | ||||||
10 | repackaging, storing, containing, concealing, ingesting, or | ||||||
11 | otherwise introducing cannabis into the human body. | ||||||
12 | "Cannabis plant monitoring system" or "plant monitoring | ||||||
13 | system" means a system that includes, but is not limited to, | ||||||
14 | testing and data collection established and maintained by the | ||||||
15 | cultivation center, craft grower, or processing organization | ||||||
16 | and that is available to the Department of Revenue, the | ||||||
17 | Department of Agriculture, the Department of Financial and | ||||||
18 | Professional Regulation, and the Department of State Police for | ||||||
19 | the purposes of documenting each cannabis plant and monitoring | ||||||
20 | plant development throughout the life cycle of a cannabis plant | ||||||
21 | cultivated for the intended use by a customer from seed | ||||||
22 | planting to final packaging. | ||||||
23 | "Cannabis testing facility" means an entity registered by | ||||||
24 | the Department of Agriculture to test cannabis for potency and | ||||||
25 | contaminants. | ||||||
26 | "Clone" means a plant section from a female cannabis plant |
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1 | not yet rootbound, growing in a water solution or other | ||||||
2 | propagation matrix, that is capable of developing into a new | ||||||
3 | plant. | ||||||
4 | "Community College Cannabis Vocational Training Pilot | ||||||
5 | Program faculty participant" means a person who is 21 years of | ||||||
6 | age or older, licensed by the Department of Agriculture, and is | ||||||
7 | employed or contracted by an Illinois community college to | ||||||
8 | provide student instruction using cannabis plants at an | ||||||
9 | Illinois Community College. | ||||||
10 | "Community College Cannabis Vocational Training Pilot | ||||||
11 | Program faculty participant Agent Identification Card" means a | ||||||
12 | document issued by the Department of Agriculture that | ||||||
13 | identifies a person as Community College Cannabis Vocational | ||||||
14 | Training Pilot Program faculty participant. | ||||||
15 | "Conditional Adult Use Dispensing Organization License" | ||||||
16 | means a license awarded to top-scoring applicants for an Adult | ||||||
17 | Use Dispensing Organization License that reserves the right to | ||||||
18 | an Adult Use Dispensing Organization License if the applicant | ||||||
19 | meets certain conditions described in this Act, but does not | ||||||
20 | entitle the recipient to begin purchasing or selling cannabis | ||||||
21 | or cannabis-infused products. | ||||||
22 | "Conditional Adult Use Cultivation Center License" means a | ||||||
23 | license awarded to top-scoring applicants for an Adult Use | ||||||
24 | Cultivation Center License that reserves the right to an Adult | ||||||
25 | Use Cultivation Center License if the applicant meets certain | ||||||
26 | conditions as determined by the Department of Agriculture by |
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1 | rule, but does not entitle the recipient to begin growing, | ||||||
2 | processing, or selling cannabis or cannabis-infused products. | ||||||
3 | "Craft grower" means a facility operated by an organization | ||||||
4 | or business that is licensed by the Department of Agriculture | ||||||
5 | to cultivate, dry, cure, and package cannabis and perform other | ||||||
6 | necessary activities to make cannabis available for sale at a | ||||||
7 | dispensing organization or use at a processing organization. A | ||||||
8 | craft grower may contain up to 5,000 square feet of canopy | ||||||
9 | space on its premises for plants in the flowering state. The | ||||||
10 | Department of Agriculture may authorize an increase or decrease | ||||||
11 | of flowering stage cultivation space in increments of 3,000 | ||||||
12 | square feet by rule based on market need, craft grower | ||||||
13 | capacity, and the licensee's history of compliance or | ||||||
14 | noncompliance, with a maximum space of 14,000 square feet for | ||||||
15 | cultivating plants in the flowering stage, which must be | ||||||
16 | cultivated in all stages of growth in an enclosed and secure | ||||||
17 | area. A craft grower may share premises with a processing | ||||||
18 | organization or a dispensing organization, or both, provided | ||||||
19 | each licensee stores currency and cannabis or cannabis-infused | ||||||
20 | products in a separate secured vault to which the other | ||||||
21 | licensee does not have access or all licensees sharing a vault | ||||||
22 | share more than 50% of the same ownership. | ||||||
23 | "Craft grower agent" means a principal officer, board | ||||||
24 | member, employee, or other agent of a craft grower who is 21 | ||||||
25 | years of age or older. | ||||||
26 | "Craft Grower Agent Identification Card" means a document |
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1 | issued by the Department of Agriculture that identifies a | ||||||
2 | person as a craft grower agent. | ||||||
3 | "Cultivation center" means a facility operated by an | ||||||
4 | organization or business that is licensed by the Department of | ||||||
5 | Agriculture to cultivate, process, transport (unless otherwise | ||||||
6 | limited by this Act), and perform other necessary activities to | ||||||
7 | provide cannabis and cannabis-infused products to cannabis | ||||||
8 | business establishments. | ||||||
9 | "Cultivation center agent" means a principal officer, | ||||||
10 | board member, employee, or other agent of a cultivation center | ||||||
11 | who is 21 years of age or older. | ||||||
12 | "Cultivation Center Agent Identification Card" means a | ||||||
13 | document issued by the Department of Agriculture that | ||||||
14 | identifies a person as a cultivation center agent. | ||||||
15 | "Currency" means currency and coin of the United States. | ||||||
16 | "Dispensary" means a facility operated by a dispensing | ||||||
17 | organization at which activities licensed by this Act may | ||||||
18 | occur. | ||||||
19 | "Dispensing organization" means a facility operated by an | ||||||
20 | organization or business that is licensed by the Department of | ||||||
21 | Financial and Professional Regulation to acquire cannabis from | ||||||
22 | a cultivation center, craft grower, processing organization, | ||||||
23 | or another dispensary for the purpose of selling or dispensing | ||||||
24 | cannabis, cannabis-infused products, cannabis seeds, | ||||||
25 | paraphernalia, or related supplies under this Act to purchasers | ||||||
26 | or to qualified registered medical cannabis patients and |
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1 | caregivers. As used in this Act, "dispensing organization" | ||||||
2 | includes a registered medical cannabis organization as defined | ||||||
3 | in the Compassionate Use of Medical Cannabis Program Act or its | ||||||
4 | successor Act that has obtained an Early Approval Adult Use | ||||||
5 | Dispensing Organization License. | ||||||
6 | "Dispensing organization agent" means a principal officer, | ||||||
7 | employee, or agent of a dispensing organization who is 21 years | ||||||
8 | of age or older. | ||||||
9 | "Dispensing organization agent identification card" means | ||||||
10 | a document issued by the Department of Financial and | ||||||
11 | Professional Regulation that identifies a person as a | ||||||
12 | dispensing organization agent. | ||||||
13 | "Disproportionately Impacted Area" means a census tract or | ||||||
14 | comparable geographic area that satisfies the following | ||||||
15 | criteria as determined by the Department of Commerce and | ||||||
16 | Economic Opportunity, that: | ||||||
17 | (1) meets at least one of the following criteria: | ||||||
18 | (A) the area has a poverty rate of at least 20% | ||||||
19 | according to the latest federal decennial census; or | ||||||
20 | (B) 75% or more of the children in the area | ||||||
21 | participate in the federal free lunch program | ||||||
22 | according to reported statistics from the State Board | ||||||
23 | of Education; or | ||||||
24 | (C) at least 20% of the households in the area | ||||||
25 | receive assistance under the Supplemental Nutrition | ||||||
26 | Assistance Program; or |
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1 | (D) the area has an average unemployment rate, as | ||||||
2 | determined by the Illinois Department of Employment | ||||||
3 | Security, that is more than 120% of the national | ||||||
4 | unemployment average, as determined by the United | ||||||
5 | States Department of Labor, for a period of at least 2 | ||||||
6 | consecutive calendar years preceding the date of the | ||||||
7 | application; and | ||||||
8 | (2) has high rates of arrest, conviction, and | ||||||
9 | incarceration related to the sale, possession, use, | ||||||
10 | cultivation, manufacture, or transport of cannabis. | ||||||
11 | "Early Approval Adult Use Cultivation Center License" | ||||||
12 | means a license that permits a medical cannabis cultivation | ||||||
13 | center licensed under the Compassionate Use of Medical Cannabis | ||||||
14 | Program Act as of the effective date of this Act to begin | ||||||
15 | cultivating, infusing, packaging, transporting (unless | ||||||
16 | otherwise provided in this Act), processing and selling | ||||||
17 | cannabis or cannabis-infused product to cannabis business | ||||||
18 | establishments for resale to purchasers as permitted by this | ||||||
19 | Act as of January 1, 2020. | ||||||
20 | "Early Approval Adult Use Dispensing Organization License" | ||||||
21 | means a license that permits a medical cannabis dispensing | ||||||
22 | organization licensed under the Compassionate Use of Medical | ||||||
23 | Cannabis Program Act as of the effective date of this Act to | ||||||
24 | begin selling cannabis or cannabis-infused product to | ||||||
25 | purchasers as permitted by this Act as of January 1, 2020. | ||||||
26 | "Early Approval Adult Use Dispensing Organization at a |
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1 | secondary site" means a license that permits a medical cannabis | ||||||
2 | dispensing organization licensed under the Compassionate Use | ||||||
3 | of Medical Cannabis Program Act as of the effective date of | ||||||
4 | this Act to begin selling cannabis or cannabis-infused product | ||||||
5 | to purchasers as permitted by this Act on January 1, 2020 at a | ||||||
6 | different dispensary location from its existing registered | ||||||
7 | medical dispensary location. | ||||||
8 | "Enclosed, locked facility" means a room, greenhouse, | ||||||
9 | building, or other enclosed area equipped with locks or other | ||||||
10 | security devices that permit access only by cannabis business | ||||||
11 | establishment agents working for the licensed cannabis | ||||||
12 | business establishment or acting pursuant to this Act to | ||||||
13 | cultivate, process, store, or distribute cannabis. | ||||||
14 | "Enclosed, locked space" means a closet, room, greenhouse, | ||||||
15 | building or other enclosed area equipped with locks or other | ||||||
16 | security devices that permit access only by authorized | ||||||
17 | individuals under this Act. "Enclosed, locked space" may | ||||||
18 | include: | ||||||
19 | (1) a space within a residential building that (i) is | ||||||
20 | the primary residence of the individual cultivating 5 or | ||||||
21 | fewer cannabis plants that are more than 5 inches tall and | ||||||
22 | (ii) includes sleeping quarters and indoor plumbing. The | ||||||
23 | space must only be accessible by a key or code that is | ||||||
24 | different from any key or code that can be used to access | ||||||
25 | the residential building from the exterior; or | ||||||
26 | (2) a structure, such as a shed or greenhouse, that |
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1 | lies on the same plot of land as a residential building | ||||||
2 | that (i) includes sleeping quarters and indoor plumbing and | ||||||
3 | (ii) is used as a primary residence by the person | ||||||
4 | cultivating 5 or fewer cannabis plants that are more than 5 | ||||||
5 | inches tall, such as a shed or greenhouse. The structure | ||||||
6 | must remain locked when it is unoccupied by people. | ||||||
7 | "Financial institution" has the same meaning as "financial | ||||||
8 | organization" as defined in Section 1501 of the Illinois Income | ||||||
9 | Tax Act, and also includes the holding companies, subsidiaries, | ||||||
10 | and affiliates of such financial organizations. | ||||||
11 | "Flowering stage" means the stage of cultivation where and | ||||||
12 | when a cannabis plant is cultivated to produce plant material | ||||||
13 | for cannabis products. This includes mature plants as follows: | ||||||
14 | (1) if greater than 2 stigmas are visible at each | ||||||
15 | internode of the plant; or | ||||||
16 | (2) if the cannabis plant is in an area that has been | ||||||
17 | intentionally deprived of light for a period of time | ||||||
18 | intended to produce flower buds and induce maturation, from | ||||||
19 | the moment the light deprivation began through the | ||||||
20 | remainder of the marijuana plant growth cycle. | ||||||
21 | "Independent dispensing organization" means a licensed | ||||||
22 | dispensing organization whose principal officers and owners | ||||||
23 | are not principal officers of a licensed cultivation center and | ||||||
24 | do not own more than 1% of a licensed cultivation center. | ||||||
25 | "Individual" means a natural person. | ||||||
26 | "Infuser organization" or "infuser" means a facility |
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1 | operated by an organization or business that is licensed by the | ||||||
2 | Department of Agriculture to directly incorporate cannabis or | ||||||
3 | cannabis concentrate into a product formulation to produce a | ||||||
4 | cannabis-infused product. | ||||||
5 | "Kief" means the resinous crystal-like trichomes that are | ||||||
6 | found on cannabis and that are accumulated, resulting in a | ||||||
7 | higher concentration of cannabinoids, untreated by heat or | ||||||
8 | pressure, or extracted using a solvent. | ||||||
9 | "Labor peace agreement" means an agreement between a | ||||||
10 | cannabis business establishment and any labor organization | ||||||
11 | recognized under the National Labor Relations Act, referred to | ||||||
12 | in this Act as a bona fide labor organization, that prohibits | ||||||
13 | labor organizations and members from engaging in picketing, | ||||||
14 | work stoppages, boycotts, and any other economic interference | ||||||
15 | with the cannabis business establishment. This agreement means | ||||||
16 | that the cannabis business establishment has agreed not to | ||||||
17 | disrupt efforts by the bona fide labor organization to | ||||||
18 | communicate with, and attempt to organize and represent, the | ||||||
19 | cannabis business establishment's employees. The agreement | ||||||
20 | shall provide a bona fide labor organization access at | ||||||
21 | reasonable times to areas in which the cannabis business | ||||||
22 | establishment's employees work, for the purpose of meeting with | ||||||
23 | employees to discuss their right to representation, employment | ||||||
24 | rights under State law, and terms and conditions of employment. | ||||||
25 | This type of agreement shall not mandate a particular method of | ||||||
26 | election or certification of the bona fide labor organization. |
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1 | "Limited access area" means a room or other area under the | ||||||
2 | control of a cannabis dispensing organization licensed under | ||||||
3 | this Act and upon the licensed premises where cannabis sales | ||||||
4 | occur with access limited to purchasers, dispensing | ||||||
5 | organization owners and other dispensing organization agents, | ||||||
6 | or service professionals conducting business with the | ||||||
7 | dispensing organization, or, if sales to registered qualifying | ||||||
8 | patients, caregivers, provisional patients, and Opioid | ||||||
9 | Alternative Pilot Program participants licensed pursuant to | ||||||
10 | the Compassionate Use of Medical Cannabis Program Act are also | ||||||
11 | permitted at the dispensary, registered qualifying patients, | ||||||
12 | caregivers, provisional patients, and Opioid Alternative Pilot | ||||||
13 | Program participants. | ||||||
14 | "Member of an impacted family" means an individual who has | ||||||
15 | a parent, legal guardian, child, spouse, or dependent, or was a | ||||||
16 | dependent of an individual who, prior to the effective date of | ||||||
17 | this Act, was arrested for, convicted of, or adjudicated | ||||||
18 | delinquent for any offense that is eligible for expungement | ||||||
19 | under this Act. | ||||||
20 | "Mother plant" means a cannabis plant that is cultivated or | ||||||
21 | maintained for the purpose of generating clones, and that will | ||||||
22 | not be used to produce plant material for sale to an infuser or | ||||||
23 | dispensing organization. | ||||||
24 | "Ordinary public view" means within the sight line with | ||||||
25 | normal visual range of a person, unassisted by visual aids, | ||||||
26 | from a public street or sidewalk adjacent to real property, or |
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1 | from within an adjacent property. | ||||||
2 | "Ownership and control" means ownership of at least 51% of | ||||||
3 | the business, including corporate stock if a corporation, and | ||||||
4 | control over the management and day-to-day operations of the | ||||||
5 | business and an interest in the capital, assets, and profits | ||||||
6 | and losses of the business proportionate to percentage of | ||||||
7 | ownership. | ||||||
8 | "Person" means a natural individual, firm, partnership, | ||||||
9 | association, joint stock company, joint venture, public or | ||||||
10 | private corporation, limited liability company, or a receiver, | ||||||
11 | executor, trustee, guardian, or other representative appointed | ||||||
12 | by order of any court. | ||||||
13 | "Possession limit" means the amount of cannabis under | ||||||
14 | Section 10-10 that may be possessed at any one time by a person | ||||||
15 | 21 years of age or older or who is a registered qualifying | ||||||
16 | medical cannabis patient or caregiver under the Compassionate | ||||||
17 | Use of Medical Cannabis Program Act. | ||||||
18 | "Principal officer" includes a cannabis business | ||||||
19 | establishment applicant or licensed cannabis business | ||||||
20 | establishment's board member, owner with more than 1% interest | ||||||
21 | of the total cannabis business establishment or more than 5% | ||||||
22 | interest of the total cannabis business establishment of a | ||||||
23 | publicly traded company, president, vice president, secretary, | ||||||
24 | treasurer, partner, officer, member, manager member, or person | ||||||
25 | with a profit sharing, financial interest, or revenue sharing | ||||||
26 | arrangement. The definition includes a person with authority to |
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1 | control the cannabis business establishment, a person who | ||||||
2 | assumes responsibility for the debts of the cannabis business | ||||||
3 | establishment and who is further defined in this Act. | ||||||
4 | "Primary residence" means a dwelling where a person usually | ||||||
5 | stays or stays more often than other locations. It may be | ||||||
6 | determined by, without limitation, presence, tax filings; | ||||||
7 | address on an Illinois driver's license, an Illinois | ||||||
8 | Identification Card, or an Illinois Person with a Disability | ||||||
9 | Identification Card; or voter registration. No person may have | ||||||
10 | more than one primary residence. | ||||||
11 | "Processing organization" or "processor" means a facility | ||||||
12 | operated by an organization or business that is licensed by the | ||||||
13 | Department of Agriculture to either extract constituent | ||||||
14 | chemicals or compounds to produce cannabis concentrate or | ||||||
15 | incorporate cannabis or cannabis concentrate into a product | ||||||
16 | formulation to produce a cannabis product. | ||||||
17 | "Processing organization agent" means a principal officer, | ||||||
18 | board member, employee, or agent of a processing organization. | ||||||
19 | "Processing organization agent identification card" means | ||||||
20 | a document issued by the Department of Agriculture that | ||||||
21 | identifies a person as a processing organization agent. | ||||||
22 | "Purchaser" means a person 21 years of age or older who | ||||||
23 | acquires cannabis for a valuable consideration. "Purchaser" | ||||||
24 | does not include a cardholder under the Compassionate Use of | ||||||
25 | Medical Cannabis Program Act. | ||||||
26 | "Qualified Social Equity Applicant" means a Social Equity |
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1 | Applicant who has been awarded a conditional license under this | ||||||
2 | Act to operate a cannabis business establishment. | ||||||
3 | "Resided" means an individual's primary residence was | ||||||
4 | located within the relevant geographic area as established by 2 | ||||||
5 | of the following: | ||||||
6 | (1) a signed lease agreement that includes the | ||||||
7 | applicant's name; | ||||||
8 | (2) a property deed that includes the applicant's name; | ||||||
9 | (3) school records; | ||||||
10 | (4) a voter registration card; | ||||||
11 | (5) an Illinois driver's license, an Illinois | ||||||
12 | Identification Card, or an Illinois Person with a | ||||||
13 | Disability Identification Card; | ||||||
14 | (6) a paycheck stub; | ||||||
15 | (7) a utility bill; | ||||||
16 | (8) tax records; or | ||||||
17 | (9) any other proof of residency or other information | ||||||
18 | necessary to establish residence as provided by rule. | ||||||
19 | "Smoking" means the inhalation of smoke caused by the | ||||||
20 | combustion of cannabis. | ||||||
21 | "Social Equity Applicant" means an applicant that is an | ||||||
22 | Illinois resident that meets one of the following criteria: | ||||||
23 | (1) an applicant with at least 51% ownership and | ||||||
24 | control by one or more individuals who have resided for at | ||||||
25 | least 5 of the preceding 10 years in a Disproportionately | ||||||
26 | Impacted Area; |
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1 | (2) an applicant with at least 51% ownership and | ||||||
2 | control by one or more individuals who:
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3 | (i) have been arrested for, convicted of, or | ||||||
4 | adjudicated delinquent for any offense that is | ||||||
5 | eligible for expungement under this Act; or
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6 | (ii) is a member of an impacted family; | ||||||
7 | (3) for applicants with a minimum of 10 full-time | ||||||
8 | employees, an applicant with at least 51% of current | ||||||
9 | employees who: | ||||||
10 | (i) currently reside in a Disproportionately | ||||||
11 | Impacted Area; or | ||||||
12 | (ii) have been arrested for, convicted of, or | ||||||
13 | adjudicated delinquent for any offense that is | ||||||
14 | eligible for expungement under this Act or member of an | ||||||
15 | impacted family. | ||||||
16 | Nothing in this Act shall be construed to preempt or limit | ||||||
17 | the duties of any employer under the Job Opportunities for | ||||||
18 | Qualified Applicants Act. Nothing in this Act shall permit an | ||||||
19 | employer to require an employee to disclose sealed or expunged | ||||||
20 | offenses, unless otherwise required by law. | ||||||
21 | "Tincture" means a cannabis-infused solution, typically | ||||||
22 | comprised of alcohol, glycerin, or vegetable oils, derived | ||||||
23 | either directly from the cannabis plant or from a processed | ||||||
24 | cannabis extract. A tincture is not an alcoholic liquor as | ||||||
25 | defined in the Liquor Control Act of 1934. A tincture shall | ||||||
26 | include a calibrated dropper or other similar device capable of |
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1 | accurately measuring servings. | ||||||
2 | "Transporting organization" or "transporter" means an | ||||||
3 | organization or business that is licensed by the Department of | ||||||
4 | Agriculture to transport cannabis or cannabis-infused product | ||||||
5 | on behalf of a cannabis business establishment or a community | ||||||
6 | college licensed under the Community
College Cannabis | ||||||
7 | Vocational Training Pilot Program.
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8 | "Transporting organization agent" means a principal | ||||||
9 | officer, board member, employee, or agent of a transporting | ||||||
10 | organization. | ||||||
11 | "Transporting organization agent identification card" | ||||||
12 | means a document issued by the Department of Agriculture that | ||||||
13 | identifies a person as a transporting organization agent. | ||||||
14 | "Unit of local government" means any county, city, village, | ||||||
15 | or incorporated town. | ||||||
16 | "Vegetative stage" means the stage of cultivation in which | ||||||
17 | a cannabis plant is propagated to produce additional cannabis | ||||||
18 | plants or reach a sufficient size for production. This includes | ||||||
19 | seedlings, clones, mothers, and other immature cannabis plants | ||||||
20 | as follows: | ||||||
21 | (1) if the cannabis plant is in an area that has not | ||||||
22 | been intentionally deprived of light for a period of time | ||||||
23 | intended to produce flower buds and induce maturation, it | ||||||
24 | has no more than 2 stigmas visible at each internode of the | ||||||
25 | cannabis plant; or | ||||||
26 | (2) any cannabis plant that is cultivated solely for |
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1 | the purpose of propagating clones and is never used to | ||||||
2 | produce cannabis.
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3 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
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4 | (410 ILCS 705/20-30)
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5 | Sec. 20-30. Cultivation center requirements; prohibitions. | ||||||
6 | (a) The operating documents of a cultivation center shall | ||||||
7 | include procedures for the oversight of the cultivation center | ||||||
8 | a cannabis plant monitoring system including a physical | ||||||
9 | inventory recorded weekly, accurate recordkeeping, and a | ||||||
10 | staffing plan. | ||||||
11 | (b) A cultivation center shall implement a security plan | ||||||
12 | reviewed by the Department of State Police that includes, but | ||||||
13 | is not limited to: facility access controls, perimeter | ||||||
14 | intrusion detection systems, personnel identification systems, | ||||||
15 | 24-hour surveillance system to monitor the interior and | ||||||
16 | exterior of the cultivation center facility and accessibility | ||||||
17 | to authorized law enforcement, the Department of Public Health | ||||||
18 | where processing takes place, and the Department of Agriculture | ||||||
19 | in real time. | ||||||
20 | (c) All cultivation of cannabis by a cultivation center | ||||||
21 | must take place in an enclosed, locked facility at the physical | ||||||
22 | address provided to the Department of Agriculture during the | ||||||
23 | licensing process. The cultivation center location shall only | ||||||
24 | be accessed by the agents working for the cultivation center, | ||||||
25 | the Department of Agriculture staff performing inspections, |
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1 | the Department of Public Health staff performing inspections, | ||||||
2 | local and State law enforcement or other emergency personnel, | ||||||
3 | contractors working on jobs unrelated to cannabis, such as | ||||||
4 | installing or maintaining security devices or performing | ||||||
5 | electrical wiring, transporting organization agents as | ||||||
6 | provided in this Act, individuals in a mentoring or educational | ||||||
7 | program approved by the State, or other individuals as provided | ||||||
8 | by rule. | ||||||
9 | (d) A cultivation center may not sell or distribute any | ||||||
10 | cannabis or cannabis-infused products to any person other than | ||||||
11 | a dispensing organization, craft grower, infuser organization, | ||||||
12 | transporter, or as otherwise authorized by rule. At least half | ||||||
13 | of all cannabis and cannabis-infused products sold by a | ||||||
14 | cultivation center must be sold to independent dispensing | ||||||
15 | organizations. | ||||||
16 | (e) A cultivation center may not either directly or | ||||||
17 | indirectly discriminate in price between different dispensing | ||||||
18 | organizations, craft growers, or infuser organizations that | ||||||
19 | are purchasing a like grade, strain, brand, and quality of | ||||||
20 | cannabis or cannabis-infused product. Nothing in this | ||||||
21 | subsection (e) prevents a cultivation centers from pricing | ||||||
22 | cannabis differently based on differences in the cost of | ||||||
23 | manufacturing or processing, the quantities sold, such as | ||||||
24 | volume discounts, or the way the products are delivered. | ||||||
25 | (f) All cannabis harvested by a cultivation center and | ||||||
26 | intended for distribution to a dispensing organization must be |
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1 | entered into a data collection system, packaged and labeled | ||||||
2 | under Section 55-21, and placed into a cannabis container for | ||||||
3 | transport. All cannabis harvested by a cultivation center and | ||||||
4 | intended for distribution to a craft grower or infuser | ||||||
5 | organization must be packaged in a labeled cannabis container | ||||||
6 | and entered into a data collection system before transport. | ||||||
7 | (g) Cultivation centers are subject to random inspections | ||||||
8 | by the Department of Agriculture, the Department of Public | ||||||
9 | Health, local safety or health inspectors, and the Department | ||||||
10 | of State Police. | ||||||
11 | (h) A cultivation center agent shall notify local law | ||||||
12 | enforcement, the Department of State Police, and the Department | ||||||
13 | of Agriculture within 24 hours of the discovery of any loss or | ||||||
14 | theft. Notification shall be made by phone or in person, or by | ||||||
15 | written or electronic communication. | ||||||
16 | (i) A cultivation center shall comply with all State and | ||||||
17 | any applicable federal rules and regulations regarding the use | ||||||
18 | of pesticides on cannabis plants. | ||||||
19 | (j) No person or entity shall hold any legal, equitable, | ||||||
20 | ownership, or beneficial interest, directly or indirectly, of | ||||||
21 | more than 3 cultivation centers licensed under this Article. | ||||||
22 | Further, no person or entity that is employed by, an agent of, | ||||||
23 | has a contract to receive payment in any form from a | ||||||
24 | cultivation center, is a principal officer of a cultivation | ||||||
25 | center, or entity controlled by or affiliated with a principal | ||||||
26 | officer of a cultivation shall hold any legal, equitable, |
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1 | ownership, or beneficial interest, directly or indirectly, in a | ||||||
2 | cultivation that would result in the person or entity owning or | ||||||
3 | controlling in combination with any cultivation center, | ||||||
4 | principal officer of a cultivation center, or entity controlled | ||||||
5 | or affiliated with a principal officer of a cultivation center | ||||||
6 | by which he, she, or it is employed, is an agent of, or | ||||||
7 | participates in the management of, more than 3 cultivation | ||||||
8 | center licenses. | ||||||
9 | (k) A cultivation center may not contain more than 210,000 | ||||||
10 | square feet of canopy space for plants in the flowering stage | ||||||
11 | for cultivation of adult use cannabis as provided in this Act. | ||||||
12 | (l) A cultivation center may process cannabis, cannabis | ||||||
13 | concentrates, and cannabis-infused products. | ||||||
14 | (m) Beginning July 1, 2020, a cultivation center shall not | ||||||
15 | transport cannabis or cannabis-infused products to a craft | ||||||
16 | grower, dispensing organization, infuser organization, or | ||||||
17 | laboratory licensed under this Act, unless it has obtained a | ||||||
18 | transporting organization license. | ||||||
19 | (n) It is unlawful for any person having a cultivation | ||||||
20 | center license or any officer, associate, member, | ||||||
21 | representative, or agent of such licensee to offer or deliver | ||||||
22 | money, or anything else of value, directly or indirectly to any | ||||||
23 | person having an Early Approval Adult Use Dispensing | ||||||
24 | Organization License, a Conditional Adult Use Dispensing | ||||||
25 | Organization License, an Adult Use Dispensing Organization | ||||||
26 | License, or a medical cannabis dispensing organization license |
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1 | issued under the Compassionate Use of Medical Cannabis Program | ||||||
2 | Act, or to any person connected with or in any way | ||||||
3 | representing, or to any member of the family of, such person | ||||||
4 | holding an Early Approval Adult Use Dispensing Organization | ||||||
5 | License, a Conditional Adult Use Dispensing Organization | ||||||
6 | License, an Adult Use Dispensing Organization License, or a | ||||||
7 | medical cannabis dispensing organization license issued under | ||||||
8 | the Compassionate Use of Medical Cannabis Program Act, or to | ||||||
9 | any stockholders in any corporation engaged in the retail sale | ||||||
10 | of cannabis, or to any officer, manager, agent, or | ||||||
11 | representative of the Early Approval Adult Use Dispensing | ||||||
12 | Organization License, a Conditional Adult Use Dispensing | ||||||
13 | Organization License, an Adult Use Dispensing Organization | ||||||
14 | License, or a medical cannabis dispensing organization license | ||||||
15 | issued under the Compassionate Use of Medical Cannabis Program | ||||||
16 | Act to obtain preferential placement within the dispensing | ||||||
17 | organization, including, without limitation, on shelves and in | ||||||
18 | display cases where purchasers can view products, or on the | ||||||
19 | dispensing organization's website. | ||||||
20 | (o) A cultivation center must comply with any other | ||||||
21 | requirements or prohibitions set by administrative rule of the | ||||||
22 | Department of Agriculture.
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23 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
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