Illinois 2023-2024 Regular Session

Illinois House Bill HB0031 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB0031 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED: 410 ILCS 705/1-10410 ILCS 705/30-5410 ILCS 705/30-30410 ILCS 705/35-31410 ILCS 705/40-25410 ILCS 705/55-20410 ILCS 705/60-10 Amends the Cannabis Regulation and Tax Act. Removes language providing that any person or entity awarded a craft grower license under specified provisions shall only hold one craft grower license. Requires the Department of Agriculture to issue an additional 30 craft grower licenses on or before December 21, 2023 and an additional 30 craft grower licenses on or before March 15, 2024 under specified conditions. Removes language providing that a craft grower shall not be located within 1,500 feet of another craft grower. Requires each adult use cultivation center or Early Approval Adult Use Cultivation Center License holder that produces THC oil extract to set aside a portion of its total monthly production of THC oil extract to sell to infuser organizations to provide infuser organizations with an adequate supply for their infusion processes. Provides that a transporting organization may transport cannabis or cannabis-infused products to a transporting organization depot or other transporting organization transfer facility. Provides that no cannabis business establishment nor any other person or entity shall engage in advertising that contains any statement or illustration that includes a description of or reference to a cannabis product as "craft", unless that product or the raw material used to create that product is produced by a craft grower. Provides that the tax imposed under the Cannabis Cultivation Privilege Tax Law shall not be assessed against or collected from any craft grower awarded a craft grower license under the Act until 2 years after the date that the license is awarded to the craft grower. Makes other changes. Effective immediately. LRB103 03544 CPF 48550 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB0031 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED: 410 ILCS 705/1-10410 ILCS 705/30-5410 ILCS 705/30-30410 ILCS 705/35-31410 ILCS 705/40-25410 ILCS 705/55-20410 ILCS 705/60-10 410 ILCS 705/1-10 410 ILCS 705/30-5 410 ILCS 705/30-30 410 ILCS 705/35-31 410 ILCS 705/40-25 410 ILCS 705/55-20 410 ILCS 705/60-10 Amends the Cannabis Regulation and Tax Act. Removes language providing that any person or entity awarded a craft grower license under specified provisions shall only hold one craft grower license. Requires the Department of Agriculture to issue an additional 30 craft grower licenses on or before December 21, 2023 and an additional 30 craft grower licenses on or before March 15, 2024 under specified conditions. Removes language providing that a craft grower shall not be located within 1,500 feet of another craft grower. Requires each adult use cultivation center or Early Approval Adult Use Cultivation Center License holder that produces THC oil extract to set aside a portion of its total monthly production of THC oil extract to sell to infuser organizations to provide infuser organizations with an adequate supply for their infusion processes. Provides that a transporting organization may transport cannabis or cannabis-infused products to a transporting organization depot or other transporting organization transfer facility. Provides that no cannabis business establishment nor any other person or entity shall engage in advertising that contains any statement or illustration that includes a description of or reference to a cannabis product as "craft", unless that product or the raw material used to create that product is produced by a craft grower. Provides that the tax imposed under the Cannabis Cultivation Privilege Tax Law shall not be assessed against or collected from any craft grower awarded a craft grower license under the Act until 2 years after the date that the license is awarded to the craft grower. Makes other changes. Effective immediately. LRB103 03544 CPF 48550 b LRB103 03544 CPF 48550 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB0031 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED:
3	3	410 ILCS 705/1-10410 ILCS 705/30-5410 ILCS 705/30-30410 ILCS 705/35-31410 ILCS 705/40-25410 ILCS 705/55-20410 ILCS 705/60-10 410 ILCS 705/1-10 410 ILCS 705/30-5 410 ILCS 705/30-30 410 ILCS 705/35-31 410 ILCS 705/40-25 410 ILCS 705/55-20 410 ILCS 705/60-10
4	4	410 ILCS 705/1-10
5	5	410 ILCS 705/30-5
6	6	410 ILCS 705/30-30
7	7	410 ILCS 705/35-31
8	8	410 ILCS 705/40-25
9	9	410 ILCS 705/55-20
10	10	410 ILCS 705/60-10
11	11	Amends the Cannabis Regulation and Tax Act. Removes language providing that any person or entity awarded a craft grower license under specified provisions shall only hold one craft grower license. Requires the Department of Agriculture to issue an additional 30 craft grower licenses on or before December 21, 2023 and an additional 30 craft grower licenses on or before March 15, 2024 under specified conditions. Removes language providing that a craft grower shall not be located within 1,500 feet of another craft grower. Requires each adult use cultivation center or Early Approval Adult Use Cultivation Center License holder that produces THC oil extract to set aside a portion of its total monthly production of THC oil extract to sell to infuser organizations to provide infuser organizations with an adequate supply for their infusion processes. Provides that a transporting organization may transport cannabis or cannabis-infused products to a transporting organization depot or other transporting organization transfer facility. Provides that no cannabis business establishment nor any other person or entity shall engage in advertising that contains any statement or illustration that includes a description of or reference to a cannabis product as "craft", unless that product or the raw material used to create that product is produced by a craft grower. Provides that the tax imposed under the Cannabis Cultivation Privilege Tax Law shall not be assessed against or collected from any craft grower awarded a craft grower license under the Act until 2 years after the date that the license is awarded to the craft grower. Makes other changes. Effective immediately.
12	12	LRB103 03544 CPF 48550 b LRB103 03544 CPF 48550 b
13	13	LRB103 03544 CPF 48550 b
14	14	A BILL FOR
15	15	HB0031LRB103 03544 CPF 48550 b HB0031 LRB103 03544 CPF 48550 b
16	16	HB0031 LRB103 03544 CPF 48550 b
17	17	1 AN ACT concerning health.
18	18	2 Be it enacted by the People of the State of Illinois,
19	19	3 represented in the General Assembly:
20	20	4 Section 5. The Cannabis Regulation and Tax Act is amended
21	21	5 by changing Sections 1-10, 30-5, 30-30, 35-31, 40-25, 55-20,
22	22	6 and 60-10 as follows:
23	23	7 (410 ILCS 705/1-10)
24	24	8 Sec. 1-10. Definitions. In this Act:
25	25	9 "Adult Use Cultivation Center License" means a license
26	26	10 issued by the Department of Agriculture that permits a person
27	27	11 to act as a cultivation center under this Act and any
28	28	12 administrative rule made in furtherance of this Act.
29	29	13 "Adult Use Dispensing Organization License" means a
30	30	14 license issued by the Department of Financial and Professional
31	31	15 Regulation that permits a person to act as a dispensing
32	32	16 organization under this Act and any administrative rule made
33	33	17 in furtherance of this Act.
34	34	18 "Advertise" means to engage in promotional activities
35	35	19 including, but not limited to: newspaper, radio, Internet and
36	36	20 electronic media, and television advertising; the distribution
37	37	21 of fliers and circulars; billboard advertising; and the
38	38	22 display of window and interior signs. "Advertise" does not
39	39	23 mean exterior signage displaying only the name of the licensed
40	40
41	41
42	42
43	43	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB0031 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED:
44	44	410 ILCS 705/1-10410 ILCS 705/30-5410 ILCS 705/30-30410 ILCS 705/35-31410 ILCS 705/40-25410 ILCS 705/55-20410 ILCS 705/60-10 410 ILCS 705/1-10 410 ILCS 705/30-5 410 ILCS 705/30-30 410 ILCS 705/35-31 410 ILCS 705/40-25 410 ILCS 705/55-20 410 ILCS 705/60-10
45	45	410 ILCS 705/1-10
46	46	410 ILCS 705/30-5
47	47	410 ILCS 705/30-30
48	48	410 ILCS 705/35-31
49	49	410 ILCS 705/40-25
50	50	410 ILCS 705/55-20
51	51	410 ILCS 705/60-10
52	52	Amends the Cannabis Regulation and Tax Act. Removes language providing that any person or entity awarded a craft grower license under specified provisions shall only hold one craft grower license. Requires the Department of Agriculture to issue an additional 30 craft grower licenses on or before December 21, 2023 and an additional 30 craft grower licenses on or before March 15, 2024 under specified conditions. Removes language providing that a craft grower shall not be located within 1,500 feet of another craft grower. Requires each adult use cultivation center or Early Approval Adult Use Cultivation Center License holder that produces THC oil extract to set aside a portion of its total monthly production of THC oil extract to sell to infuser organizations to provide infuser organizations with an adequate supply for their infusion processes. Provides that a transporting organization may transport cannabis or cannabis-infused products to a transporting organization depot or other transporting organization transfer facility. Provides that no cannabis business establishment nor any other person or entity shall engage in advertising that contains any statement or illustration that includes a description of or reference to a cannabis product as "craft", unless that product or the raw material used to create that product is produced by a craft grower. Provides that the tax imposed under the Cannabis Cultivation Privilege Tax Law shall not be assessed against or collected from any craft grower awarded a craft grower license under the Act until 2 years after the date that the license is awarded to the craft grower. Makes other changes. Effective immediately.
53	53	LRB103 03544 CPF 48550 b LRB103 03544 CPF 48550 b
54	54	LRB103 03544 CPF 48550 b
55	55	A BILL FOR
56	56
57	57
58	58
59	59
60	60
61	61	410 ILCS 705/1-10
62	62	410 ILCS 705/30-5
63	63	410 ILCS 705/30-30
64	64	410 ILCS 705/35-31
65	65	410 ILCS 705/40-25
66	66	410 ILCS 705/55-20
67	67	410 ILCS 705/60-10
68	68
69	69
70	70
71	71	LRB103 03544 CPF 48550 b
72	72
73	73
74	74
75	75
76	76
77	77
78	78
79	79
80	80
81	81	HB0031 LRB103 03544 CPF 48550 b
82	82
83	83
84	84	HB0031- 2 -LRB103 03544 CPF 48550 b HB0031 - 2 - LRB103 03544 CPF 48550 b
85	85	HB0031 - 2 - LRB103 03544 CPF 48550 b
86	86	1 cannabis business establishment.
87	87	2 "Application points" means the number of points a
88	88	3 Dispensary Applicant receives on an application for a
89	89	4 Conditional Adult Use Dispensing Organization License.
90	90	5 "BLS Region" means a region in Illinois used by the United
91	91	6 States Bureau of Labor Statistics to gather and categorize
92	92	7 certain employment and wage data. The 17 such regions in
93	93	8 Illinois are: Bloomington, Cape Girardeau, Carbondale-Marion,
94	94	9 Champaign-Urbana, Chicago-Naperville-Elgin, Danville,
95	95	10 Davenport-Moline-Rock Island, Decatur, Kankakee, Peoria,
96	96	11 Rockford, St. Louis, Springfield, Northwest Illinois
97	97	12 nonmetropolitan area, West Central Illinois nonmetropolitan
98	98	13 area, East Central Illinois nonmetropolitan area, and South
99	99	14 Illinois nonmetropolitan area.
100	100	15 "By lot" means a randomized method of choosing between 2
101	101	16 or more Eligible Tied Applicants or 2 or more Qualifying
102	102	17 Applicants.
103	103	18 "Cannabis" means marijuana, hashish, and other substances
104	104	19 that are identified as including any parts of the plant
105	105	20 Cannabis sativa and including derivatives or subspecies, such
106	106	21 as indica, of all strains of cannabis, whether growing or not;
107	107	22 the seeds thereof, the resin extracted from any part of the
108	108	23 plant; and any compound, manufacture, salt, derivative,
109	109	24 mixture, or preparation of the plant, its seeds, or resin,
110	110	25 including tetrahydrocannabinol (THC) and all other naturally
111	111	26 produced cannabinol derivatives, whether produced directly or
112	112
113	113
114	114
115	115
116	116
117	117	HB0031 - 2 - LRB103 03544 CPF 48550 b
118	118
119	119
120	120	HB0031- 3 -LRB103 03544 CPF 48550 b HB0031 - 3 - LRB103 03544 CPF 48550 b
121	121	HB0031 - 3 - LRB103 03544 CPF 48550 b
122	122	1 indirectly by extraction; however, "cannabis" does not include
123	123	2 the mature stalks of the plant, fiber produced from the
124	124	3 stalks, oil or cake made from the seeds of the plant, any other
125	125	4 compound, manufacture, salt, derivative, mixture, or
126	126	5 preparation of the mature stalks (except the resin extracted
127	127	6 from it), fiber, oil or cake, or the sterilized seed of the
128	128	7 plant that is incapable of germination. "Cannabis" does not
129	129	8 include industrial hemp as defined and authorized under the
130	130	9 Industrial Hemp Act. "Cannabis" also means cannabis flower,
131	131	10 concentrate, and cannabis-infused products.
132	132	11 "Cannabis business establishment" means a cultivation
133	133	12 center, craft grower, processing organization, infuser
134	134	13 organization, dispensing organization, or transporting
135	135	14 organization.
136	136	15 "Cannabis concentrate" means a product derived from
137	137	16 cannabis that is produced by extracting cannabinoids,
138	138	17 including tetrahydrocannabinol (THC), from the plant through
139	139	18 the use of propylene glycol, glycerin, butter, olive oil, or
140	140	19 other typical cooking fats; water, ice, or dry ice; or butane,
141	141	20 propane, CO2, ethanol, or isopropanol and with the intended
142	142	21 use of smoking or making a cannabis-infused product. The use
143	143	22 of any other solvent is expressly prohibited unless and until
144	144	23 it is approved by the Department of Agriculture.
145	145	24 "Cannabis container" means a sealed or resealable,
146	146	25 traceable, container, or package used for the purpose of
147	147	26 containment of cannabis or cannabis-infused product during
148	148
149	149
150	150
151	151
152	152
153	153	HB0031 - 3 - LRB103 03544 CPF 48550 b
154	154
155	155
156	156	HB0031- 4 -LRB103 03544 CPF 48550 b HB0031 - 4 - LRB103 03544 CPF 48550 b
157	157	HB0031 - 4 - LRB103 03544 CPF 48550 b
158	158	1 transportation.
159	159	2 "Cannabis flower" means marijuana, hashish, and other
160	160	3 substances that are identified as including any parts of the
161	161	4 plant Cannabis sativa and including derivatives or subspecies,
162	162	5 such as indica, of all strains of cannabis; including raw
163	163	6 kief, leaves, and buds, but not resin that has been extracted
164	164	7 from any part of such plant; nor any compound, manufacture,
165	165	8 salt, derivative, mixture, or preparation of such plant, its
166	166	9 seeds, or resin.
167	167	10 "Cannabis-infused product" means a beverage, food, oil,
168	168	11 ointment, tincture, topical formulation, or another product
169	169	12 containing cannabis or cannabis concentrate that is not
170	170	13 intended to be smoked.
171	171	14 "Cannabis paraphernalia" means equipment, products, or
172	172	15 materials intended to be used for planting, propagating,
173	173	16 cultivating, growing, harvesting, manufacturing, producing,
174	174	17 processing, preparing, testing, analyzing, packaging,
175	175	18 repackaging, storing, containing, concealing, ingesting, or
176	176	19 otherwise introducing cannabis into the human body.
177	177	20 "Cannabis plant monitoring system" or "plant monitoring
178	178	21 system" means a system that includes, but is not limited to,
179	179	22 testing and data collection established and maintained by the
180	180	23 cultivation center, craft grower, or processing organization
181	181	24 and that is available to the Department of Revenue, the
182	182	25 Department of Agriculture, the Department of Financial and
183	183	26 Professional Regulation, and the Illinois State Police for the
184	184
185	185
186	186
187	187
188	188
189	189	HB0031 - 4 - LRB103 03544 CPF 48550 b
190	190
191	191
192	192	HB0031- 5 -LRB103 03544 CPF 48550 b HB0031 - 5 - LRB103 03544 CPF 48550 b
193	193	HB0031 - 5 - LRB103 03544 CPF 48550 b
194	194	1 purposes of documenting each cannabis plant and monitoring
195	195	2 plant development throughout the life cycle of a cannabis
196	196	3 plant cultivated for the intended use by a customer from seed
197	197	4 planting to final packaging.
198	198	5 "Cannabis testing facility" means an entity registered by
199	199	6 the Department of Agriculture to test cannabis for potency and
200	200	7 contaminants.
201	201	8 "Clone" means a plant section from a female cannabis plant
202	202	9 not yet rootbound, growing in a water solution or other
203	203	10 propagation matrix, that is capable of developing into a new
204	204	11 plant.
205	205	12 "Community College Cannabis Vocational Training Pilot
206	206	13 Program faculty participant" means a person who is 21 years of
207	207	14 age or older, licensed by the Department of Agriculture, and
208	208	15 is employed or contracted by an Illinois community college to
209	209	16 provide student instruction using cannabis plants at an
210	210	17 Illinois Community College.
211	211	18 "Community College Cannabis Vocational Training Pilot
212	212	19 Program faculty participant Agent Identification Card" means a
213	213	20 document issued by the Department of Agriculture that
214	214	21 identifies a person as a Community College Cannabis Vocational
215	215	22 Training Pilot Program faculty participant.
216	216	23 "Conditional Adult Use Dispensing Organization License"
217	217	24 means a contingent license awarded to applicants for an Adult
218	218	25 Use Dispensing Organization License that reserves the right to
219	219	26 an Adult Use Dispensing Organization License if the applicant
220	220
221	221
222	222
223	223
224	224
225	225	HB0031 - 5 - LRB103 03544 CPF 48550 b
226	226
227	227
228	228	HB0031- 6 -LRB103 03544 CPF 48550 b HB0031 - 6 - LRB103 03544 CPF 48550 b
229	229	HB0031 - 6 - LRB103 03544 CPF 48550 b
230	230	1 meets certain conditions described in this Act, but does not
231	231	2 entitle the recipient to begin purchasing or selling cannabis
232	232	3 or cannabis-infused products.
233	233	4 "Conditional Adult Use Cultivation Center License" means a
234	234	5 license awarded to top-scoring applicants for an Adult Use
235	235	6 Cultivation Center License that reserves the right to an Adult
236	236	7 Use Cultivation Center License if the applicant meets certain
237	237	8 conditions as determined by the Department of Agriculture by
238	238	9 rule, but does not entitle the recipient to begin growing,
239	239	10 processing, or selling cannabis or cannabis-infused products.
240	240	11 "Craft grower" means a facility operated by an
241	241	12 organization or business that is licensed by the Department of
242	242	13 Agriculture to cultivate, dry, cure, and package cannabis and
243	243	14 perform other necessary activities to make cannabis available
244	244	15 for sale at a dispensing organization or use at a processing
245	245	16 organization. A craft grower may contain up to 14,000 5,000
246	246	17 square feet of canopy space on its premises for plants in the
247	247	18 flowering state. The Department of Agriculture may authorize
248	248	19 an increase or decrease of flowering stage cultivation space
249	249	20 in increments of 3,000 square feet by rule based on market
250	250	21 need, craft grower capacity, and the licensee's history of
251	251	22 compliance or noncompliance, with a maximum space of 14,000
252	252	23 square feet for cultivating plants in the flowering stage,
253	253	24 which must be cultivated in all stages of growth in an enclosed
254	254	25 and secure area. A craft grower may share premises with a
255	255	26 processing organization or a dispensing organization, or both,
256	256
257	257
258	258
259	259
260	260
261	261	HB0031 - 6 - LRB103 03544 CPF 48550 b
262	262
263	263
264	264	HB0031- 7 -LRB103 03544 CPF 48550 b HB0031 - 7 - LRB103 03544 CPF 48550 b
265	265	HB0031 - 7 - LRB103 03544 CPF 48550 b
266	266	1 provided each licensee stores currency and cannabis or
267	267	2 cannabis-infused products in a separate secured vault to which
268	268	3 the other licensee does not have access or all licensees
269	269	4 sharing a vault share more than 50% of the same ownership.
270	270	5 "Craft grower agent" means a principal officer, board
271	271	6 member, employee, or other agent of a craft grower who is 21
272	272	7 years of age or older.
273	273	8 "Craft Grower Agent Identification Card" means a document
274	274	9 issued by the Department of Agriculture that identifies a
275	275	10 person as a craft grower agent.
276	276	11 "Cultivation center" means a facility operated by an
277	277	12 organization or business that is licensed by the Department of
278	278	13 Agriculture to cultivate, process, transport (unless otherwise
279	279	14 limited by this Act), and perform other necessary activities
280	280	15 to provide cannabis and cannabis-infused products to cannabis
281	281	16 business establishments.
282	282	17 "Cultivation center agent" means a principal officer,
283	283	18 board member, employee, or other agent of a cultivation center
284	284	19 who is 21 years of age or older.
285	285	20 "Cultivation Center Agent Identification Card" means a
286	286	21 document issued by the Department of Agriculture that
287	287	22 identifies a person as a cultivation center agent.
288	288	23 "Currency" means currency and coin of the United States.
289	289	24 "Dispensary" means a facility operated by a dispensing
290	290	25 organization at which activities licensed by this Act may
291	291	26 occur.
292	292
293	293
294	294
295	295
296	296
297	297	HB0031 - 7 - LRB103 03544 CPF 48550 b
298	298
299	299
300	300	HB0031- 8 -LRB103 03544 CPF 48550 b HB0031 - 8 - LRB103 03544 CPF 48550 b
301	301	HB0031 - 8 - LRB103 03544 CPF 48550 b
302	302	1 "Dispensary Applicant" means the Proposed Dispensing
303	303	2 Organization Name as stated on an application for a
304	304	3 Conditional Adult Use Dispensing Organization License.
305	305	4 "Dispensing organization" means a facility operated by an
306	306	5 organization or business that is licensed by the Department of
307	307	6 Financial and Professional Regulation to acquire cannabis from
308	308	7 a cultivation center, craft grower, processing organization,
309	309	8 or another dispensary for the purpose of selling or dispensing
310	310	9 cannabis, cannabis-infused products, cannabis seeds,
311	311	10 paraphernalia, or related supplies under this Act to
312	312	11 purchasers or to qualified registered medical cannabis
313	313	12 patients and caregivers. As used in this Act, "dispensing
314	314	13 organization" includes a registered medical cannabis
315	315	14 organization as defined in the Compassionate Use of Medical
316	316	15 Cannabis Program Act or its successor Act that has obtained an
317	317	16 Early Approval Adult Use Dispensing Organization License.
318	318	17 "Dispensing organization agent" means a principal officer,
319	319	18 employee, or agent of a dispensing organization who is 21
320	320	19 years of age or older.
321	321	20 "Dispensing organization agent identification card" means
322	322	21 a document issued by the Department of Financial and
323	323	22 Professional Regulation that identifies a person as a
324	324	23 dispensing organization agent.
325	325	24 "Disproportionately Impacted Area" means a census tract or
326	326	25 comparable geographic area that satisfies the following
327	327	26 criteria as determined by the Department of Commerce and
328	328
329	329
330	330
331	331
332	332
333	333	HB0031 - 8 - LRB103 03544 CPF 48550 b
334	334
335	335
336	336	HB0031- 9 -LRB103 03544 CPF 48550 b HB0031 - 9 - LRB103 03544 CPF 48550 b
337	337	HB0031 - 9 - LRB103 03544 CPF 48550 b
338	338	1 Economic Opportunity, that:
339	339	2 (1) meets at least one of the following criteria:
340	340	3 (A) the area has a poverty rate of at least 20%
341	341	4 according to the latest federal decennial census; or
342	342	5 (B) 75% or more of the children in the area
343	343	6 participate in the federal free lunch program
344	344	7 according to reported statistics from the State Board
345	345	8 of Education; or
346	346	9 (C) at least 20% of the households in the area
347	347	10 receive assistance under the Supplemental Nutrition
348	348	11 Assistance Program; or
349	349	12 (D) the area has an average unemployment rate, as
350	350	13 determined by the Illinois Department of Employment
351	351	14 Security, that is more than 120% of the national
352	352	15 unemployment average, as determined by the United
353	353	16 States Department of Labor, for a period of at least 2
354	354	17 consecutive calendar years preceding the date of the
355	355	18 application; and
356	356	19 (2) has high rates of arrest, conviction, and
357	357	20 incarceration related to the sale, possession, use,
358	358	21 cultivation, manufacture, or transport of cannabis.
359	359	22 "Early Approval Adult Use Cultivation Center License"
360	360	23 means a license that permits a medical cannabis cultivation
361	361	24 center licensed under the Compassionate Use of Medical
362	362	25 Cannabis Program Act as of the effective date of this Act to
363	363	26 begin cultivating, infusing, packaging, transporting (unless
364	364
365	365
366	366
367	367
368	368
369	369	HB0031 - 9 - LRB103 03544 CPF 48550 b
370	370
371	371
372	372	HB0031- 10 -LRB103 03544 CPF 48550 b HB0031 - 10 - LRB103 03544 CPF 48550 b
373	373	HB0031 - 10 - LRB103 03544 CPF 48550 b
374	374	1 otherwise provided in this Act), processing, and selling
375	375	2 cannabis or cannabis-infused product to cannabis business
376	376	3 establishments for resale to purchasers as permitted by this
377	377	4 Act as of January 1, 2020.
378	378	5 "Early Approval Adult Use Dispensing Organization License"
379	379	6 means a license that permits a medical cannabis dispensing
380	380	7 organization licensed under the Compassionate Use of Medical
381	381	8 Cannabis Program Act as of the effective date of this Act to
382	382	9 begin selling cannabis or cannabis-infused product to
383	383	10 purchasers as permitted by this Act as of January 1, 2020.
384	384	11 "Early Approval Adult Use Dispensing Organization at a
385	385	12 secondary site" means a license that permits a medical
386	386	13 cannabis dispensing organization licensed under the
387	387	14 Compassionate Use of Medical Cannabis Program Act as of the
388	388	15 effective date of this Act to begin selling cannabis or
389	389	16 cannabis-infused product to purchasers as permitted by this
390	390	17 Act on January 1, 2020 at a different dispensary location from
391	391	18 its existing registered medical dispensary location.
392	392	19 "Eligible Tied Applicant" means a Tied Applicant that is
393	393	20 eligible to participate in the process by which a remaining
394	394	21 available license is distributed by lot pursuant to a Tied
395	395	22 Applicant Lottery.
396	396	23 "Enclosed, locked facility" means a room, greenhouse,
397	397	24 building, or other enclosed area equipped with locks or other
398	398	25 security devices that permit access only by cannabis business
399	399	26 establishment agents working for the licensed cannabis
400	400
401	401
402	402
403	403
404	404
405	405	HB0031 - 10 - LRB103 03544 CPF 48550 b
406	406
407	407
408	408	HB0031- 11 -LRB103 03544 CPF 48550 b HB0031 - 11 - LRB103 03544 CPF 48550 b
409	409	HB0031 - 11 - LRB103 03544 CPF 48550 b
410	410	1 business establishment or acting pursuant to this Act to
411	411	2 cultivate, process, store, or distribute cannabis.
412	412	3 "Enclosed, locked space" means a closet, room, greenhouse,
413	413	4 building, or other enclosed area equipped with locks or other
414	414	5 security devices that permit access only by authorized
415	415	6 individuals under this Act. "Enclosed, locked space" may
416	416	7 include:
417	417	8 (1) a space within a residential building that (i) is
418	418	9 the primary residence of the individual cultivating 5 or
419	419	10 fewer cannabis plants that are more than 5 inches tall and
420	420	11 (ii) includes sleeping quarters and indoor plumbing. The
421	421	12 space must only be accessible by a key or code that is
422	422	13 different from any key or code that can be used to access
423	423	14 the residential building from the exterior; or
424	424	15 (2) a structure, such as a shed or greenhouse, that
425	425	16 lies on the same plot of land as a residential building
426	426	17 that (i) includes sleeping quarters and indoor plumbing
427	427	18 and (ii) is used as a primary residence by the person
428	428	19 cultivating 5 or fewer cannabis plants that are more than
429	429	20 5 inches tall, such as a shed or greenhouse. The structure
430	430	21 must remain locked when it is unoccupied by people.
431	431	22 "Financial institution" has the same meaning as "financial
432	432	23 organization" as defined in Section 1501 of the Illinois
433	433	24 Income Tax Act, and also includes the holding companies,
434	434	25 subsidiaries, and affiliates of such financial organizations.
435	435	26 "Flowering stage" means the stage of cultivation where and
436	436
437	437
438	438
439	439
440	440
441	441	HB0031 - 11 - LRB103 03544 CPF 48550 b
442	442
443	443
444	444	HB0031- 12 -LRB103 03544 CPF 48550 b HB0031 - 12 - LRB103 03544 CPF 48550 b
445	445	HB0031 - 12 - LRB103 03544 CPF 48550 b
446	446	1 when a cannabis plant is cultivated to produce plant material
447	447	2 for cannabis products. This includes mature plants as follows:
448	448	3 (1) if greater than 2 stigmas are visible at each
449	449	4 internode of the plant; or
450	450	5 (2) if the cannabis plant is in an area that has been
451	451	6 intentionally deprived of light for a period of time
452	452	7 intended to produce flower buds and induce maturation,
453	453	8 from the moment the light deprivation began through the
454	454	9 remainder of the marijuana plant growth cycle.
455	455	10 "Individual" means a natural person.
456	456	11 "Infuser organization" or "infuser" means a facility
457	457	12 operated by an organization or business that is licensed by
458	458	13 the Department of Agriculture to directly incorporate cannabis
459	459	14 or cannabis concentrate into a product formulation to produce
460	460	15 a cannabis-infused product.
461	461	16 "Kief" means the resinous crystal-like trichomes that are
462	462	17 found on cannabis and that are accumulated, resulting in a
463	463	18 higher concentration of cannabinoids, untreated by heat or
464	464	19 pressure, or extracted using a solvent.
465	465	20 "Labor peace agreement" means an agreement between a
466	466	21 cannabis business establishment and any labor organization
467	467	22 recognized under the National Labor Relations Act, referred to
468	468	23 in this Act as a bona fide labor organization, that prohibits
469	469	24 labor organizations and members from engaging in picketing,
470	470	25 work stoppages, boycotts, and any other economic interference
471	471	26 with the cannabis business establishment. This agreement means
472	472
473	473
474	474
475	475
476	476
477	477	HB0031 - 12 - LRB103 03544 CPF 48550 b
478	478
479	479
480	480	HB0031- 13 -LRB103 03544 CPF 48550 b HB0031 - 13 - LRB103 03544 CPF 48550 b
481	481	HB0031 - 13 - LRB103 03544 CPF 48550 b
482	482	1 that the cannabis business establishment has agreed not to
483	483	2 disrupt efforts by the bona fide labor organization to
484	484	3 communicate with, and attempt to organize and represent, the
485	485	4 cannabis business establishment's employees. The agreement
486	486	5 shall provide a bona fide labor organization access at
487	487	6 reasonable times to areas in which the cannabis business
488	488	7 establishment's employees work, for the purpose of meeting
489	489	8 with employees to discuss their right to representation,
490	490	9 employment rights under State law, and terms and conditions of
491	491	10 employment. This type of agreement shall not mandate a
492	492	11 particular method of election or certification of the bona
493	493	12 fide labor organization.
494	494	13 "Limited access area" means a room or other area under the
495	495	14 control of a cannabis dispensing organization licensed under
496	496	15 this Act and upon the licensed premises where cannabis sales
497	497	16 occur with access limited to purchasers, dispensing
498	498	17 organization owners and other dispensing organization agents,
499	499	18 or service professionals conducting business with the
500	500	19 dispensing organization, or, if sales to registered qualifying
501	501	20 patients, caregivers, provisional patients, and Opioid
502	502	21 Alternative Pilot Program participants licensed pursuant to
503	503	22 the Compassionate Use of Medical Cannabis Program Act are also
504	504	23 permitted at the dispensary, registered qualifying patients,
505	505	24 caregivers, provisional patients, and Opioid Alternative Pilot
506	506	25 Program participants.
507	507	26 "Member of an impacted family" means an individual who has
508	508
509	509
510	510
511	511
512	512
513	513	HB0031 - 13 - LRB103 03544 CPF 48550 b
514	514
515	515
516	516	HB0031- 14 -LRB103 03544 CPF 48550 b HB0031 - 14 - LRB103 03544 CPF 48550 b
517	517	HB0031 - 14 - LRB103 03544 CPF 48550 b
518	518	1 a parent, legal guardian, child, spouse, or dependent, or was
519	519	2 a dependent of an individual who, prior to the effective date
520	520	3 of this Act, was arrested for, convicted of, or adjudicated
521	521	4 delinquent for any offense that is eligible for expungement
522	522	5 under this Act.
523	523	6 "Mother plant" means a cannabis plant that is cultivated
524	524	7 or maintained for the purpose of generating clones, and that
525	525	8 will not be used to produce plant material for sale to an
526	526	9 infuser or dispensing organization.
527	527	10 "Ordinary public view" means within the sight line with
528	528	11 normal visual range of a person, unassisted by visual aids,
529	529	12 from a public street or sidewalk adjacent to real property, or
530	530	13 from within an adjacent property.
531	531	14 "Ownership and control" means ownership of at least 51% of
532	532	15 the business, including corporate stock if a corporation, and
533	533	16 control over the management and day-to-day operations of the
534	534	17 business and an interest in the capital, assets, and profits
535	535	18 and losses of the business proportionate to percentage of
536	536	19 ownership.
537	537	20 "Person" means a natural individual, firm, partnership,
538	538	21 association, joint stock company, joint venture, public or
539	539	22 private corporation, limited liability company, or a receiver,
540	540	23 executor, trustee, guardian, or other representative appointed
541	541	24 by order of any court.
542	542	25 "Possession limit" means the amount of cannabis under
543	543	26 Section 10-10 that may be possessed at any one time by a person
544	544
545	545
546	546
547	547
548	548
549	549	HB0031 - 14 - LRB103 03544 CPF 48550 b
550	550
551	551
552	552	HB0031- 15 -LRB103 03544 CPF 48550 b HB0031 - 15 - LRB103 03544 CPF 48550 b
553	553	HB0031 - 15 - LRB103 03544 CPF 48550 b
554	554	1 21 years of age or older or who is a registered qualifying
555	555	2 medical cannabis patient or caregiver under the Compassionate
556	556	3 Use of Medical Cannabis Program Act.
557	557	4 "Principal officer" includes a cannabis business
558	558	5 establishment applicant or licensed cannabis business
559	559	6 establishment's board member, owner with more than 1% interest
560	560	7 of the total cannabis business establishment or more than 5%
561	561	8 interest of the total cannabis business establishment of a
562	562	9 publicly traded company, president, vice president, secretary,
563	563	10 treasurer, partner, officer, member, manager member, or person
564	564	11 with a profit sharing, financial interest, or revenue sharing
565	565	12 arrangement. The definition includes a person with authority
566	566	13 to control the cannabis business establishment, a person who
567	567	14 assumes responsibility for the debts of the cannabis business
568	568	15 establishment and who is further defined in this Act.
569	569	16 "Primary residence" means a dwelling where a person
570	570	17 usually stays or stays more often than other locations. It may
571	571	18 be determined by, without limitation, presence, tax filings;
572	572	19 address on an Illinois driver's license, an Illinois
573	573	20 Identification Card, or an Illinois Person with a Disability
574	574	21 Identification Card; or voter registration. No person may have
575	575	22 more than one primary residence.
576	576	23 "Processing organization" or "processor" means a facility
577	577	24 operated by an organization or business that is licensed by
578	578	25 the Department of Agriculture to either extract constituent
579	579	26 chemicals or compounds to produce cannabis concentrate or
580	580
581	581
582	582
583	583
584	584
585	585	HB0031 - 15 - LRB103 03544 CPF 48550 b
586	586
587	587
588	588	HB0031- 16 -LRB103 03544 CPF 48550 b HB0031 - 16 - LRB103 03544 CPF 48550 b
589	589	HB0031 - 16 - LRB103 03544 CPF 48550 b
590	590	1 incorporate cannabis or cannabis concentrate into a product
591	591	2 formulation to produce a cannabis product.
592	592	3 "Processing organization agent" means a principal officer,
593	593	4 board member, employee, or agent of a processing organization.
594	594	5 "Processing organization agent identification card" means
595	595	6 a document issued by the Department of Agriculture that
596	596	7 identifies a person as a processing organization agent.
597	597	8 "Purchaser" means a person 21 years of age or older who
598	598	9 acquires cannabis for a valuable consideration. "Purchaser"
599	599	10 does not include a cardholder under the Compassionate Use of
600	600	11 Medical Cannabis Program Act.
601	601	12 "Qualifying Applicant" means an applicant that submitted
602	602	13 an application pursuant to Section 15-30 that received at
603	603	14 least 85% of 250 application points available under Section
604	604	15 15-30 as the applicant's final score and meets the definition
605	605	16 of "Social Equity Applicant" as set forth under this Section.
606	606	17 "Qualifying Social Equity Justice Involved Applicant"
607	607	18 means an applicant that submitted an application pursuant to
608	608	19 Section 15-30 that received at least 85% of 250 application
609	609	20 points available under Section 15-30 as the applicant's final
610	610	21 score and meets the criteria of either paragraph (1) or (2) of
611	611	22 the definition of "Social Equity Applicant" as set forth under
612	612	23 this Section.
613	613	24 "Qualified Social Equity Applicant" means a Social Equity
614	614	25 Applicant who has been awarded a conditional license under
615	615	26 this Act to operate a cannabis business establishment.
616	616
617	617
618	618
619	619
620	620
621	621	HB0031 - 16 - LRB103 03544 CPF 48550 b
622	622
623	623
624	624	HB0031- 17 -LRB103 03544 CPF 48550 b HB0031 - 17 - LRB103 03544 CPF 48550 b
625	625	HB0031 - 17 - LRB103 03544 CPF 48550 b
626	626	1 "Resided" means an individual's primary residence was
627	627	2 located within the relevant geographic area as established by
628	628	3 2 of the following:
629	629	4 (1) a signed lease agreement that includes the
630	630	5 applicant's name;
631	631	6 (2) a property deed that includes the applicant's
632	632	7 name;
633	633	8 (3) school records;
634	634	9 (4) a voter registration card;
635	635	10 (5) an Illinois driver's license, an Illinois
636	636	11 Identification Card, or an Illinois Person with a
637	637	12 Disability Identification Card;
638	638	13 (6) a paycheck stub;
639	639	14 (7) a utility bill;
640	640	15 (8) tax records; or
641	641	16 (9) any other proof of residency or other information
642	642	17 necessary to establish residence as provided by rule.
643	643	18 "Smoking" means the inhalation of smoke caused by the
644	644	19 combustion of cannabis.
645	645	20 "Social Equity Applicant" means an applicant that is an
646	646	21 Illinois resident that meets one of the following criteria:
647	647	22 (1) an applicant with at least 51% ownership and
648	648	23 control by one or more individuals who have resided for at
649	649	24 least 5 of the preceding 10 years in a Disproportionately
650	650	25 Impacted Area;
651	651	26 (2) an applicant with at least 51% ownership and
652	652
653	653
654	654
655	655
656	656
657	657	HB0031 - 17 - LRB103 03544 CPF 48550 b
658	658
659	659
660	660	HB0031- 18 -LRB103 03544 CPF 48550 b HB0031 - 18 - LRB103 03544 CPF 48550 b
661	661	HB0031 - 18 - LRB103 03544 CPF 48550 b
662	662	1 control by one or more individuals who:
663	663	2 (i) have been arrested for, convicted of, or
664	664	3 adjudicated delinquent for any offense that is
665	665	4 eligible for expungement under this Act; or
666	666	5 (ii) is a member of an impacted family;
667	667	6 (3) for applicants with a minimum of 10 full-time
668	668	7 employees, an applicant with at least 51% of current
669	669	8 employees who:
670	670	9 (i) currently reside in a Disproportionately
671	671	10 Impacted Area; or
672	672	11 (ii) have been arrested for, convicted of, or
673	673	12 adjudicated delinquent for any offense that is
674	674	13 eligible for expungement under this Act or member of
675	675	14 an impacted family.
676	676	15 Nothing in this Act shall be construed to preempt or limit
677	677	16 the duties of any employer under the Job Opportunities for
678	678	17 Qualified Applicants Act. Nothing in this Act shall permit an
679	679	18 employer to require an employee to disclose sealed or expunged
680	680	19 offenses, unless otherwise required by law.
681	681	20 "Social Equity Justice Involved Applicant" means an
682	682	21 applicant that is an Illinois resident that meets the
683	683	22 following criteria:
684	684	23 (1) an applicant with at least 51% ownership and
685	685	24 control by one or more individuals who have resided for at
686	686	25 least 5 of the preceding 10 years in a Disproportionately
687	687	26 Impacted Area; or
688	688
689	689
690	690
691	691
692	692
693	693	HB0031 - 18 - LRB103 03544 CPF 48550 b
694	694
695	695
696	696	HB0031- 19 -LRB103 03544 CPF 48550 b HB0031 - 19 - LRB103 03544 CPF 48550 b
697	697	HB0031 - 19 - LRB103 03544 CPF 48550 b
698	698	1 (2) either:
699	699	2 (A) an applicant with at least 51% of ownership
700	700	3 and control by one or more individuals who have been
701	701	4 arrested for, convicted of, or adjudicated delinquent
702	702	5 for any offense that is eligible for expungement under
703	703	6 subsection (i) of Section 5.2 of the Criminal
704	704	7 Identification Act; or
705	705	8 (B) an applicant with at least 51% ownership and
706	706	9 control by one or more members of an impacted family.
707	707	10 "Tied Applicant" means an application submitted by a
708	708	11 Dispensary Applicant pursuant to Section 15-30 that received
709	709	12 the same number of application points under Section 15-30 as
710	710	13 the Dispensary Applicant's final score as one or more
711	711	14 top-scoring applications in the same BLS Region and would have
712	712	15 been awarded a license but for the one or more other
713	713	16 top-scoring applications that received the same number of
714	714	17 application points. Each application for which a Dispensary
715	715	18 Applicant was required to pay a required application fee for
716	716	19 the application period ending January 2, 2020 shall be
717	717	20 considered an application of a separate Tied Applicant.
718	718	21 "Tied Applicant Lottery" means the process established
719	719	22 under 68 Ill. Adm. Code 1291.50 for awarding Conditional Adult
720	720	23 Use Dispensing Organization Licenses pursuant to Sections
721	721	24 15-25 and 15-30 among Eligible Tied Applicants.
722	722	25 "Tincture" means a cannabis-infused solution, typically
723	723	26 comprised of alcohol, glycerin, or vegetable oils, derived
724	724
725	725
726	726
727	727
728	728
729	729	HB0031 - 19 - LRB103 03544 CPF 48550 b
730	730
731	731
732	732	HB0031- 20 -LRB103 03544 CPF 48550 b HB0031 - 20 - LRB103 03544 CPF 48550 b
733	733	HB0031 - 20 - LRB103 03544 CPF 48550 b
734	734	1 either directly from the cannabis plant or from a processed
735	735	2 cannabis extract. A tincture is not an alcoholic liquor as
736	736	3 defined in the Liquor Control Act of 1934. A tincture shall
737	737	4 include a calibrated dropper or other similar device capable
738	738	5 of accurately measuring servings.
739	739	6 "Transporting organization" or "transporter" means an
740	740	7 organization or business that is licensed by the Department of
741	741	8 Agriculture to transport cannabis or cannabis-infused product
742	742	9 on behalf of a cannabis business establishment or a community
743	743	10 college licensed under the Community College Cannabis
744	744	11 Vocational Training Pilot Program.
745	745	12 "Transporting organization agent" means a principal
746	746	13 officer, board member, employee, or agent of a transporting
747	747	14 organization.
748	748	15 "Transporting organization agent identification card"
749	749	16 means a document issued by the Department of Agriculture that
750	750	17 identifies a person as a transporting organization agent.
751	751	18 "Unit of local government" means any county, city,
752	752	19 village, or incorporated town.
753	753	20 "Vegetative stage" means the stage of cultivation in which
754	754	21 a cannabis plant is propagated to produce additional cannabis
755	755	22 plants or reach a sufficient size for production. This
756	756	23 includes seedlings, clones, mothers, and other immature
757	757	24 cannabis plants as follows:
758	758	25 (1) if the cannabis plant is in an area that has not
759	759	26 been intentionally deprived of light for a period of time
760	760
761	761
762	762
763	763
764	764
765	765	HB0031 - 20 - LRB103 03544 CPF 48550 b
766	766
767	767
768	768	HB0031- 21 -LRB103 03544 CPF 48550 b HB0031 - 21 - LRB103 03544 CPF 48550 b
769	769	HB0031 - 21 - LRB103 03544 CPF 48550 b
770	770	1 intended to produce flower buds and induce maturation, it
771	771	2 has no more than 2 stigmas visible at each internode of the
772	772	3 cannabis plant; or
773	773	4 (2) any cannabis plant that is cultivated solely for
774	774	5 the purpose of propagating clones and is never used to
775	775	6 produce cannabis.
776	776	7 (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
777	777	8 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff.
778	778	9 5-13-22.)
779	779	10 (410 ILCS 705/30-5)
780	780	11 Sec. 30-5. Issuance of licenses.
781	781	12 (a) The Department of Agriculture shall issue up to 40
782	782	13 craft grower licenses by July 1, 2020. Any person or entity
783	783	14 awarded a license pursuant to this subsection shall only hold
784	784	15 one craft grower license and may not sell that license until
785	785	16 after December 21, 2021.
786	786	17 (a-5) The Department of Agriculture shall issue an
787	787	18 additional 30 craft grower licenses on or before December 21,
788	788	19 2023, cost free, to applicants who submitted craft grower
789	789	20 license applications on or before April 30, 2020 but were not
790	790	21 awarded a license under subsection (a) and who received at
791	791	22 least 85% of the total points available on their applications.
792	792	23 Any person or entity awarded a license under this subsection
793	793	24 may sell that license at any time after it is awarded.
794	794	25 (a-10) The Department of Agriculture shall issue an
795	795
796	796
797	797
798	798
799	799
800	800	HB0031 - 21 - LRB103 03544 CPF 48550 b
801	801
802	802
803	803	HB0031- 22 -LRB103 03544 CPF 48550 b HB0031 - 22 - LRB103 03544 CPF 48550 b
804	804	HB0031 - 22 - LRB103 03544 CPF 48550 b
805	805	1 additional 30 craft grower licenses on or before March 15,
806	806	2 2024, cost free, to applicants who submitted craft grower
807	807	3 license applications on or before April 30, 2020 but were not
808	808	4 awarded a license under subsection (a) or subsection (a-5),
809	809	5 received at least 85% of the total points available on their
810	810	6 applications, and qualify as Social Equity Justice Involved
811	811	7 Applicants. Any applicant awarded a license under this
812	812	8 subsection may sell that license at any time after it is
813	813	9 awarded.
814	814	10 (b) By December 21, 2021, the Department of Agriculture
815	815	11 shall issue up to 60 additional craft grower licenses. Any
816	816	12 person or entity awarded a license pursuant to this Section
817	817	13 subsection shall not hold more than 2 craft grower licenses.
818	818	14 The person or entity awarded a license pursuant to this
819	819	15 subsection or subsection (a) of this Section may sell its
820	820	16 craft grower license subject to the restrictions of this Act
821	821	17 or as determined by administrative rule. Prior to issuing such
822	822	18 licenses, the Department may adopt rules through emergency
823	823	19 rulemaking in accordance with subsection (kk) of Section 5-45
824	824	20 of the Illinois Administrative Procedure Act, to modify or
825	825	21 raise the number of craft grower licenses and modify or change
826	826	22 the licensing application process. The General Assembly finds
827	827	23 that the adoption of rules to regulate cannabis use is deemed
828	828	24 an emergency and necessary for the public interest, safety,
829	829	25 and welfare. In determining whether to exercise the authority
830	830	26 granted by this subsection, the Department of Agriculture must
831	831
832	832
833	833
834	834
835	835
836	836	HB0031 - 22 - LRB103 03544 CPF 48550 b
837	837
838	838
839	839	HB0031- 23 -LRB103 03544 CPF 48550 b HB0031 - 23 - LRB103 03544 CPF 48550 b
840	840	HB0031 - 23 - LRB103 03544 CPF 48550 b
841	841	1 consider the following factors:
842	842	2 (1) the percentage of cannabis sales occurring in
843	843	3 Illinois not in the regulated market using data from the
844	844	4 Substance Abuse and Mental Health Services Administration,
845	845	5 National Survey on Drug Use and Health, Illinois
846	846	6 Behavioral Risk Factor Surveillance System, and tourism
847	847	7 data from the Illinois Office of Tourism to ascertain
848	848	8 total cannabis consumption in Illinois compared to the
849	849	9 amount of sales in licensed dispensing organizations;
850	850	10 (2) whether there is an adequate supply of cannabis
851	851	11 and cannabis-infused products to serve registered medical
852	852	12 cannabis patients;
853	853	13 (3) whether there is an adequate supply of cannabis
854	854	14 and cannabis-infused products to serve purchasers;
855	855	15 (4) whether there is an oversupply of cannabis in
856	856	16 Illinois leading to trafficking of cannabis to states
857	857	17 where the sale of cannabis is not permitted by law;
858	858	18 (5) population increases or shifts;
859	859	19 (6) the density of craft growers in any area of the
860	860	20 State;
861	861	21 (7) perceived security risks of increasing the number
862	862	22 or location of craft growers;
863	863	23 (8) the past safety record of craft growers;
864	864	24 (9) the Department of Agriculture's capacity to
865	865	25 appropriately regulate additional licensees;
866	866	26 (10) (blank); and
867	867
868	868
869	869
870	870
871	871
872	872	HB0031 - 23 - LRB103 03544 CPF 48550 b
873	873
874	874
875	875	HB0031- 24 -LRB103 03544 CPF 48550 b HB0031 - 24 - LRB103 03544 CPF 48550 b
876	876	HB0031 - 24 - LRB103 03544 CPF 48550 b
877	877	1 (11) any other criteria the Department of Agriculture
878	878	2 deems relevant.
879	879	3 (c) After January 1, 2024 2022, the Department of
880	880	4 Agriculture may by rule modify or raise the number of craft
881	881	5 grower licenses and modify or change the licensing application
882	882	6 process. At no time may the number of craft grower licenses
883	883	7 exceed 150. Any person or entity awarded a license pursuant to
884	884	8 this subsection shall not hold more than 3 craft grower
885	885	9 licenses. A person or entity awarded a license pursuant to
886	886	10 this subsection or subsections subsection (a), (a-5), or
887	887	11 (a-10) or subsection (b) of this Section may sell its craft
888	888	12 grower license or licenses subject to the restrictions of this
889	889	13 Act or as determined by administrative rule.
890	890	14 (d) Upon the completion of the disparity and availability
891	891	15 study pertaining to craft growers by the Cannabis Regulation
892	892	16 Oversight Officer pursuant to subsection (e) of Section 5-45,
893	893	17 the Department may modify or change the licensing application
894	894	18 process to reduce or eliminate barriers from and remedy
895	895	19 evidence of discrimination identified in the disparity and
896	896	20 availability study.
897	897	21 (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
898	898	22 102-98, eff. 7-15-21.)
899	899	23 (410 ILCS 705/30-30)
900	900	24 Sec. 30-30. Craft grower requirements; prohibitions.
901	901	25 (a) The operating documents of a craft grower shall
902	902
903	903
904	904
905	905
906	906
907	907	HB0031 - 24 - LRB103 03544 CPF 48550 b
908	908
909	909
910	910	HB0031- 25 -LRB103 03544 CPF 48550 b HB0031 - 25 - LRB103 03544 CPF 48550 b
911	911	HB0031 - 25 - LRB103 03544 CPF 48550 b
912	912	1 include procedures for the oversight of the craft grower, a
913	913	2 cannabis plant monitoring system including a physical
914	914	3 inventory recorded weekly, accurate recordkeeping, and a
915	915	4 staffing plan.
916	916	5 (b) A craft grower shall implement a security plan
917	917	6 reviewed by the Illinois State Police that includes, but is
918	918	7 not limited to: facility access controls, perimeter intrusion
919	919	8 detection systems, personnel identification systems, and a
920	920	9 24-hour surveillance system to monitor the interior and
921	921	10 exterior of the craft grower facility and that is accessible
922	922	11 to authorized law enforcement and the Department of
923	923	12 Agriculture in real time.
924	924	13 (c) All cultivation of cannabis by a craft grower must
925	925	14 take place in an enclosed, locked facility at the physical
926	926	15 address provided to the Department of Agriculture during the
927	927	16 licensing process. The craft grower location shall only be
928	928	17 accessed by the agents working for the craft grower, the
929	929	18 Department of Agriculture staff performing inspections, the
930	930	19 Department of Public Health staff performing inspections,
931	931	20 State and local law enforcement or other emergency personnel,
932	932	21 contractors working on jobs unrelated to cannabis, such as
933	933	22 installing or maintaining security devices or performing
934	934	23 electrical wiring, transporting organization agents as
935	935	24 provided in this Act, or participants in the incubator
936	936	25 program, individuals in a mentoring or educational program
937	937	26 approved by the State, or other individuals as provided by
938	938
939	939
940	940
941	941
942	942
943	943	HB0031 - 25 - LRB103 03544 CPF 48550 b
944	944
945	945
946	946	HB0031- 26 -LRB103 03544 CPF 48550 b HB0031 - 26 - LRB103 03544 CPF 48550 b
947	947	HB0031 - 26 - LRB103 03544 CPF 48550 b
948	948	1 rule. However, if a craft grower shares a premises with an
949	949	2 infuser or dispensing organization, agents from those other
950	950	3 licensees may access the craft grower portion of the premises
951	951	4 if that is the location of common bathrooms, lunchrooms,
952	952	5 locker rooms, or other areas of the building where work or
953	953	6 cultivation of cannabis is not performed. At no time may an
954	954	7 infuser or dispensing organization agent perform work at a
955	955	8 craft grower without being a registered agent of the craft
956	956	9 grower.
957	957	10 (d) A craft grower may not sell or distribute any cannabis
958	958	11 to any person other than a cultivation center, a craft grower,
959	959	12 an infuser organization, a dispensing organization, or as
960	960	13 otherwise authorized by rule.
961	961	14 (e) A craft grower may not be located in an area zoned for
962	962	15 residential use.
963	963	16 (f) A craft grower may not either directly or indirectly
964	964	17 discriminate in price between different cannabis business
965	965	18 establishments that are purchasing a like grade, strain,
966	966	19 brand, and quality of cannabis or cannabis-infused product.
967	967	20 Nothing in this subsection (f) prevents a craft grower from
968	968	21 pricing cannabis differently based on differences in the cost
969	969	22 of manufacturing or processing, the quantities sold, such as
970	970	23 volume discounts, or the way the products are delivered.
971	971	24 (g) All cannabis harvested by a craft grower and intended
972	972	25 for distribution to a dispensing organization must be entered
973	973	26 into a data collection system, packaged and labeled under
974	974
975	975
976	976
977	977
978	978
979	979	HB0031 - 26 - LRB103 03544 CPF 48550 b
980	980
981	981
982	982	HB0031- 27 -LRB103 03544 CPF 48550 b HB0031 - 27 - LRB103 03544 CPF 48550 b
983	983	HB0031 - 27 - LRB103 03544 CPF 48550 b
984	984	1 Section 55-21, and, if distribution is to a dispensing
985	985	2 organization that does not share a premises with the
986	986	3 dispensing organization receiving the cannabis, placed into a
987	987	4 cannabis container for transport. All cannabis harvested by a
988	988	5 craft grower and intended for distribution to a cultivation
989	989	6 center, to an infuser organization, or to a craft grower with
990	990	7 which it does not share a premises, must be packaged in a
991	991	8 labeled cannabis container and entered into a data collection
992	992	9 system before transport.
993	993	10 (h) Craft growers are subject to random inspections by the
994	994	11 Department of Agriculture, local safety or health inspectors,
995	995	12 the Illinois State Police, or as provided by rule.
996	996	13 (i) A craft grower agent shall notify local law
997	997	14 enforcement, the Illinois State Police, and the Department of
998	998	15 Agriculture within 24 hours of the discovery of any loss or
999	999	16 theft. Notification shall be made by phone, in person, or
1000	1000	17 written or electronic communication.
1001	1001	18 (j) A craft grower shall comply with all State and any
1002	1002	19 applicable federal rules and regulations regarding the use of
1003	1003	20 pesticides.
1004	1004	21 (k) A craft grower or craft grower agent shall not
1005	1005	22 transport cannabis or cannabis-infused products to any other
1006	1006	23 cannabis business establishment without a transport
1007	1007	24 organization license unless:
1008	1008	25 (i) If the craft grower is located in a county with a
1009	1009	26 population of 3,000,000 or more, the cannabis business
1010	1010
1011	1011
1012	1012
1013	1013
1014	1014
1015	1015	HB0031 - 27 - LRB103 03544 CPF 48550 b
1016	1016
1017	1017
1018	1018	HB0031- 28 -LRB103 03544 CPF 48550 b HB0031 - 28 - LRB103 03544 CPF 48550 b
1019	1019	HB0031 - 28 - LRB103 03544 CPF 48550 b
1020	1020	1 establishment receiving the cannabis is within 2,000 feet
1021	1021	2 of the property line of the craft grower;
1022	1022	3 (ii) If the craft grower is located in a county with a
1023	1023	4 population of more than 700,000 but fewer than 3,000,000,
1024	1024	5 the cannabis business establishment receiving the cannabis
1025	1025	6 is within 2 miles of the craft grower; or
1026	1026	7 (iii) If the craft grower is located in a county with a
1027	1027	8 population of fewer than 700,000, the cannabis business
1028	1028	9 establishment receiving the cannabis is within 15 miles of
1029	1029	10 the craft grower.
1030	1030	11 (l) A craft grower may enter into a contract with a
1031	1031	12 transporting organization to transport cannabis to a
1032	1032	13 cultivation center, a craft grower, an infuser organization, a
1033	1033	14 dispensing organization, or a laboratory.
1034	1034	15 (m) No person or entity shall hold any legal, equitable,
1035	1035	16 ownership, or beneficial interest, directly or indirectly, of
1036	1036	17 more than 3 craft grower licenses. Further, no person or
1037	1037	18 entity that is employed by, an agent of, or has a contract to
1038	1038	19 receive payment from or participate in the management of a
1039	1039	20 craft grower, is a principal officer of a craft grower, or
1040	1040	21 entity controlled by or affiliated with a principal officer of
1041	1041	22 a craft grower shall hold any legal, equitable, ownership, or
1042	1042	23 beneficial interest, directly or indirectly, in a craft grower
1043	1043	24 license that would result in the person or entity owning or
1044	1044	25 controlling in combination with any craft grower, principal
1045	1045	26 officer of a craft grower, or entity controlled or affiliated
1046	1046
1047	1047
1048	1048
1049	1049
1050	1050
1051	1051	HB0031 - 28 - LRB103 03544 CPF 48550 b
1052	1052
1053	1053
1054	1054	HB0031- 29 -LRB103 03544 CPF 48550 b HB0031 - 29 - LRB103 03544 CPF 48550 b
1055	1055	HB0031 - 29 - LRB103 03544 CPF 48550 b
1056	1056	1 with a principal officer of a craft grower by which he, she, or
1057	1057	2 it is employed, is an agent of, or participates in the
1058	1058	3 management of more than 3 craft grower licenses.
1059	1059	4 (n) It is unlawful for any person having a craft grower
1060	1060	5 license or any officer, associate, member, representative, or
1061	1061	6 agent of the licensee to offer or deliver money, or anything
1062	1062	7 else of value, directly or indirectly, to any person having an
1063	1063	8 Early Approval Adult Use Dispensing Organization License, a
1064	1064	9 Conditional Adult Use Dispensing Organization License, an
1065	1065	10 Adult Use Dispensing Organization License, or a medical
1066	1066	11 cannabis dispensing organization license issued under the
1067	1067	12 Compassionate Use of Medical Cannabis Program Act, or to any
1068	1068	13 person connected with or in any way representing, or to any
1069	1069	14 member of the family of, the person holding an Early Approval
1070	1070	15 Adult Use Dispensing Organization License, a Conditional Adult
1071	1071	16 Use Dispensing Organization License, an Adult Use Dispensing
1072	1072	17 Organization License, or a medical cannabis dispensing
1073	1073	18 organization license issued under the Compassionate Use of
1074	1074	19 Medical Cannabis Program Act, or to any stockholders in any
1075	1075	20 corporation engaged in the retail sale of cannabis, or to any
1076	1076	21 officer, manager, agent, or representative of the Early
1077	1077	22 Approval Adult Use Dispensing Organization License, a
1078	1078	23 Conditional Adult Use Dispensing Organization License, an
1079	1079	24 Adult Use Dispensing Organization License, or a medical
1080	1080	25 cannabis dispensing organization license issued under the
1081	1081	26 Compassionate Use of Medical Cannabis Program Act to obtain
1082	1082
1083	1083
1084	1084
1085	1085
1086	1086
1087	1087	HB0031 - 29 - LRB103 03544 CPF 48550 b
1088	1088
1089	1089
1090	1090	HB0031- 30 -LRB103 03544 CPF 48550 b HB0031 - 30 - LRB103 03544 CPF 48550 b
1091	1091	HB0031 - 30 - LRB103 03544 CPF 48550 b
1092	1092	1 preferential placement within the dispensing organization,
1093	1093	2 including, without limitation, on shelves and in display cases
1094	1094	3 where purchasers can view products, or on the dispensing
1095	1095	4 organization's website.
1096	1096	5 (o) A craft grower shall not be located within 1,500 feet
1097	1097	6 of another craft grower or a cultivation center.
1098	1098	7 (p) A craft grower may process cannabis, cannabis
1099	1099	8 concentrates, and cannabis-infused products.
1100	1100	9 (q) A craft grower must comply with any other requirements
1101	1101	10 or prohibitions set by administrative rule of the Department
1102	1102	11 of Agriculture.
1103	1103	12 (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
1104	1104	13 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff.
1105	1105	14 5-13-22.)
1106	1106	15 (410 ILCS 705/35-31)
1107	1107	16 Sec. 35-31. Ensuring an adequate supply of raw materials
1108	1108	17 to serve infusers.
1109	1109	18 (a) As used in this Section, "raw materials" includes, but
1110	1110	19 is not limited to, CO2 hash oil, "crude", "distillate", or any
1111	1111	20 other cannabis concentrate extracted from cannabis flower by
1112	1112	21 use of a solvent or a mechanical process.
1113	1113	22 (b) The Department of Agriculture may by rule design a
1114	1114	23 method for assessing whether licensed infusers have access to
1115	1115	24 an adequate supply of reasonably affordable raw materials,
1116	1116	25 which may include but not be limited to: (i) a survey of
1117	1117
1118	1118
1119	1119
1120	1120
1121	1121
1122	1122	HB0031 - 30 - LRB103 03544 CPF 48550 b
1123	1123
1124	1124
1125	1125	HB0031- 31 -LRB103 03544 CPF 48550 b HB0031 - 31 - LRB103 03544 CPF 48550 b
1126	1126	HB0031 - 31 - LRB103 03544 CPF 48550 b
1127	1127	1 infusers; (ii) a market study on the sales trends of
1128	1128	2 cannabis-infused products manufactured by infusers; and (iii)
1129	1129	3 the costs cultivation centers and craft growers assume for the
1130	1130	4 raw materials they use in any cannabis-infused products they
1131	1131	5 manufacture.
1132	1132	6 (b-5) Each adult use cultivation center or Early Approval
1133	1133	7 Adult Use Cultivation Center License holder licensed under
1134	1134	8 Article 20 that produces THC oil extract shall set aside a
1135	1135	9 portion of its total monthly production of THC oil extract to
1136	1136	10 sell to infuser organizations at market price, quality, and
1137	1137	11 variety to provide infuser organizations with an adequate
1138	1138	12 supply for their infusion processes. The portion set aside by
1139	1139	13 each cultivation center or Early Approval Adult Use
1140	1140	14 Cultivation Center License holder shall be on a proportionate,
1141	1141	15 pro rata basis and based upon its total monthly production
1142	1142	16 compared to the industry total monthly production in the
1143	1143	17 previous year as determined by the Department of Agriculture.
1144	1144	18 The total monthly portion of THC oil extract set aside by all
1145	1145	19 cultivation centers and Early Approval Adult Use Cultivation
1146	1146	20 Center License holders shall be as follows:
1147	1147	21 (1) During calendar year 2023, 50,000 grams per month.
1148	1148	22 (2) During calendar year 2024, 60,000 grams per month.
1149	1149	23 (3) During calendar year 2025, 70,000 grams per month.
1150	1150	24 (4) During calendar year 2026, 80,000 grams per month.
1151	1151	25 (5) During calendar year 2027, 90,000 grams per month.
1152	1152	26 The price of THC oil extract shall be the average fair
1153	1153
1154	1154
1155	1155
1156	1156
1157	1157
1158	1158	HB0031 - 31 - LRB103 03544 CPF 48550 b
1159	1159
1160	1160
1161	1161	HB0031- 32 -LRB103 03544 CPF 48550 b HB0031 - 32 - LRB103 03544 CPF 48550 b
1162	1162	HB0031 - 32 - LRB103 03544 CPF 48550 b
1163	1163	1 market price as determined quarterly by the Department of
1164	1164	2 Agriculture or an amount equal to 900% of the U.S. Cannabis
1165	1165	3 Spot Index's price for cannabis flower if, during any quarter,
1166	1166	4 the Department fails to establish a fair market price based
1167	1167	5 upon quality and variety. After January 1, 2024, the monthly
1168	1168	6 portion of THC oil extract may be adjusted by the Department of
1169	1169	7 Agriculture based upon market assessments as provided in
1170	1170	8 subsections (c) and (d).
1171	1171	9 (c) The Department of Agriculture shall perform an
1172	1172	10 assessment of whether infusers have access to an adequate
1173	1173	11 supply of reasonably affordable raw materials that shall start
1174	1174	12 no sooner than January 1, 2024 2022 and shall conclude no later
1175	1175	13 than April 1, 2024 2022. The Department of Agriculture may
1176	1176	14 rely on data from the Illinois Cannabis Regulation Oversight
1177	1177	15 Officer as part of this assessment.
1178	1178	16 (d) The Department of Agriculture shall perform an
1179	1179	17 assessment of whether infusers have access to an adequate
1180	1180	18 supply of reasonably affordable raw materials that shall start
1181	1181	19 no sooner than January 1, 2025 2023 and shall conclude no later
1182	1182	20 than April 1, 2025 2023. The Department of Agriculture may
1183	1183	21 rely on data from the Cannabis Regulation Oversight Officer as
1184	1184	22 part of this assessment.
1185	1185	23 (e) The Department of Agriculture may by rule adopt
1186	1186	24 measures to ensure infusers have access to an adequate supply
1187	1187	25 of reasonably affordable raw materials necessary for the
1188	1188	26 manufacture of cannabis-infused products. Such measures may
1189	1189
1190	1190
1191	1191
1192	1192
1193	1193
1194	1194	HB0031 - 32 - LRB103 03544 CPF 48550 b
1195	1195
1196	1196
1197	1197	HB0031- 33 -LRB103 03544 CPF 48550 b HB0031 - 33 - LRB103 03544 CPF 48550 b
1198	1198	HB0031 - 33 - LRB103 03544 CPF 48550 b
1199	1199	1 include, but not be limited to (i) requiring cultivation
1200	1200	2 centers and craft growers to set aside a minimum amount of raw
1201	1201	3 materials for the wholesale market or (ii) enabling infusers
1202	1202	4 to apply for a processor license to extract raw materials from
1203	1203	5 cannabis flower.
1204	1204	6 (f) If the Department of Agriculture determines processor
1205	1205	7 licenses may be available to infuser organizations based upon
1206	1206	8 findings made pursuant to subsection (e), infuser
1207	1207	9 organizations may submit to the Department of Agriculture on
1208	1208	10 forms provided by the Department of Agriculture the following
1209	1209	11 information as part of an application to receive a processor
1210	1210	12 license:
1211	1211	13 (1) experience with the extraction, processing, or
1212	1212	14 infusing of oils similar to those derived from cannabis,
1213	1213	15 or other business practices to be performed by the
1214	1214	16 infuser;
1215	1215	17 (2) a description of the applicant's experience with
1216	1216	18 manufacturing equipment and chemicals to be used in
1217	1217	19 processing;
1218	1218	20 (3) expertise in relevant scientific fields;
1219	1219	21 (4) a commitment that any cannabis waste, liquid
1220	1220	22 waste, or hazardous waste shall be disposed of in
1221	1221	23 accordance with 8 Ill. Adm. Code 1000.460, except, to the
1222	1222	24 greatest extent feasible, all cannabis plant waste will be
1223	1223	25 rendered unusable by grinding and incorporating the
1224	1224	26 cannabis plant waste with compostable mixed waste to be
1225	1225
1226	1226
1227	1227
1228	1228
1229	1229
1230	1230	HB0031 - 33 - LRB103 03544 CPF 48550 b
1231	1231
1232	1232
1233	1233	HB0031- 34 -LRB103 03544 CPF 48550 b HB0031 - 34 - LRB103 03544 CPF 48550 b
1234	1234	HB0031 - 34 - LRB103 03544 CPF 48550 b
1235	1235	1 disposed of in accordance with Ill. Adm. Code
1236	1236	2 1000.460(g)(1); and
1237	1237	3 (5) any other information the Department of
1238	1238	4 Agriculture deems relevant.
1239	1239	5 (g) The Department of Agriculture may only issue an
1240	1240	6 infuser organization a processor license if, based on the
1241	1241	7 information pursuant to subsection (f) and any other criteria
1242	1242	8 set by the Department of Agriculture, which may include but
1243	1243	9 not be limited an inspection of the site where processing
1244	1244	10 would occur, the Department of Agriculture is reasonably
1245	1245	11 certain the infuser organization will process cannabis in a
1246	1246	12 safe and compliant manner.
1247	1247	13 (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
1248	1248	14 (410 ILCS 705/40-25)
1249	1249	15 Sec. 40-25. Transporting organization requirements;
1250	1250	16 prohibitions.
1251	1251	17 (a) The operating documents of a transporting organization
1252	1252	18 shall include procedures for the oversight of the transporter,
1253	1253	19 an inventory monitoring system including a physical inventory
1254	1254	20 recorded weekly, accurate recordkeeping, and a staffing plan.
1255	1255	21 (b) A transporting organization may not transport cannabis
1256	1256	22 or cannabis-infused products to any person other than a
1257	1257	23 cultivation center, a craft grower, an infuser organization, a
1258	1258	24 dispensing organization, a testing facility, a transporting
1259	1259	25 organization depot or other transporting organization transfer
1260	1260
1261	1261
1262	1262
1263	1263
1264	1264
1265	1265	HB0031 - 34 - LRB103 03544 CPF 48550 b
1266	1266
1267	1267
1268	1268	HB0031- 35 -LRB103 03544 CPF 48550 b HB0031 - 35 - LRB103 03544 CPF 48550 b
1269	1269	HB0031 - 35 - LRB103 03544 CPF 48550 b
1270	1270	1 facility, or as otherwise authorized by rule. A transporting
1271	1271	2 organization shall be specifically allowed to use the same
1272	1272	3 transport vehicle to pick up or deliver cannabis products from
1273	1273	4 and to multiple craft growers, processors, and dispensaries
1274	1274	5 during the transporting organization's pick up and delivery
1275	1275	6 process.
1276	1276	7 (c) All cannabis transported by a transporting
1277	1277	8 organization must be entered into a data collection system and
1278	1278	9 placed into a cannabis container for transport.
1279	1279	10 (d) Transporters are subject to random inspections by the
1280	1280	11 Department of Agriculture, the Department of Public Health,
1281	1281	12 the Illinois State Police, or as provided by rule.
1282	1282	13 (e) A transporting organization agent shall notify local
1283	1283	14 law enforcement, the Illinois State Police, and the Department
1284	1284	15 of Agriculture within 24 hours of the discovery of any loss or
1285	1285	16 theft. Notification shall be made by phone, in person, or by
1286	1286	17 written or electronic communication.
1287	1287	18 (f) No person under the age of 21 years shall be in a
1288	1288	19 commercial vehicle or trailer transporting cannabis goods.
1289	1289	20 (g) No person or individual who is not a transporting
1290	1290	21 organization agent shall be in a vehicle while transporting
1291	1291	22 cannabis goods.
1292	1292	23 (h) Transporters may not use commercial motor vehicles
1293	1293	24 with a weight rating of over 10,001 pounds.
1294	1294	25 (i) It is unlawful for any person to offer or deliver
1295	1295	26 money, or anything else of value, directly or indirectly, to
1296	1296
1297	1297
1298	1298
1299	1299
1300	1300
1301	1301	HB0031 - 35 - LRB103 03544 CPF 48550 b
1302	1302
1303	1303
1304	1304	HB0031- 36 -LRB103 03544 CPF 48550 b HB0031 - 36 - LRB103 03544 CPF 48550 b
1305	1305	HB0031 - 36 - LRB103 03544 CPF 48550 b
1306	1306	1 any of the following persons to obtain preferential placement
1307	1307	2 within the dispensing organization, including, without
1308	1308	3 limitation, on shelves and in display cases where purchasers
1309	1309	4 can view products, or on the dispensing organization's
1310	1310	5 website:
1311	1311	6 (1) a person having a transporting organization
1312	1312	7 license, or any officer, associate, member,
1313	1313	8 representative, or agent of the licensee;
1314	1314	9 (2) a person having an Early Applicant Adult Use
1315	1315	10 Dispensing Organization License, an Adult Use Dispensing
1316	1316	11 Organization License, or a medical cannabis dispensing
1317	1317	12 organization license issued under the Compassionate Use of
1318	1318	13 Medical Cannabis Program Act;
1319	1319	14 (3) a person connected with or in any way
1320	1320	15 representing, or a member of the family of, a person
1321	1321	16 holding an Early Applicant Adult Use Dispensing
1322	1322	17 Organization License, an Adult Use Dispensing Organization
1323	1323	18 License, or a medical cannabis dispensing organization
1324	1324	19 license issued under the Compassionate Use of Medical
1325	1325	20 Cannabis Program Act; or
1326	1326	21 (4) a stockholder, officer, manager, agent, or
1327	1327	22 representative of a corporation engaged in the retail sale
1328	1328	23 of cannabis, an Early Applicant Adult Use Dispensing
1329	1329	24 Organization License, an Adult Use Dispensing Organization
1330	1330	25 License, or a medical cannabis dispensing organization
1331	1331	26 license issued under the Compassionate Use of Medical
1332	1332
1333	1333
1334	1334
1335	1335
1336	1336
1337	1337	HB0031 - 36 - LRB103 03544 CPF 48550 b
1338	1338
1339	1339
1340	1340	HB0031- 37 -LRB103 03544 CPF 48550 b HB0031 - 37 - LRB103 03544 CPF 48550 b
1341	1341	HB0031 - 37 - LRB103 03544 CPF 48550 b
1342	1342	1 Cannabis Program Act.
1343	1343	2 (j) A transporting organization agent must keep his or her
1344	1344	3 identification card visible at all times when on the property
1345	1345	4 of a cannabis business establishment and during the
1346	1346	5 transporting of cannabis when acting under his or her duties
1347	1347	6 as a transportation organization agent. During these times,
1348	1348	7 the transporting organization agent must also provide the
1349	1349	8 identification card upon request of any law enforcement
1350	1350	9 officer engaged in his or her official duties.
1351	1351	10 (k) A copy of the transporting organization's registration
1352	1352	11 and a manifest for the delivery shall be present in any vehicle
1353	1353	12 transporting cannabis.
1354	1354	13 (l) Cannabis shall be transported so it is not visible or
1355	1355	14 recognizable from outside the vehicle.
1356	1356	15 (m) A vehicle transporting cannabis must not bear any
1357	1357	16 markings to indicate the vehicle contains cannabis or bear the
1358	1358	17 name or logo of the cannabis business establishment.
1359	1359	18 (n) Cannabis must be transported in an enclosed, locked
1360	1360	19 storage compartment or security cage that is secured or
1361	1361	20 affixed to the vehicle.
1362	1362	21 (o) The Department of Agriculture may, by rule, impose any
1363	1363	22 other requirements or prohibitions on the transportation of
1364	1364	23 cannabis.
1365	1365	24 (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
1366	1366	25 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff.
1367	1367	26 5-13-22.)
1368	1368
1369	1369
1370	1370
1371	1371
1372	1372
1373	1373	HB0031 - 37 - LRB103 03544 CPF 48550 b
1374	1374
1375	1375
1376	1376	HB0031- 38 -LRB103 03544 CPF 48550 b HB0031 - 38 - LRB103 03544 CPF 48550 b
1377	1377	HB0031 - 38 - LRB103 03544 CPF 48550 b
1378	1378	1 (410 ILCS 705/55-20)
1379	1379	2 Sec. 55-20. Advertising and promotions.
1380	1380	3 (a) No cannabis business establishment nor any other
1381	1381	4 person or entity shall engage in advertising that contains any
1382	1382	5 statement or illustration that:
1383	1383	6 (1) is false or misleading;
1384	1384	7 (2) promotes overconsumption of cannabis or cannabis
1385	1385	8 products;
1386	1386	9 (3) depicts the actual consumption of cannabis or
1387	1387	10 cannabis products;
1388	1388	11 (4) depicts a person under 21 years of age consuming
1389	1389	12 cannabis;
1390	1390	13 (5) makes any health, medicinal, or therapeutic claims
1391	1391	14 about cannabis or cannabis-infused products;
1392	1392	15 (6) includes the image of a cannabis leaf or bud; or
1393	1393	16 (7) includes any image designed or likely to appeal to
1394	1394	17 minors, including cartoons, toys, animals, or children, or
1395	1395	18 any other likeness to images, characters, or phrases that
1396	1396	19 is designed in any manner to be appealing to or encourage
1397	1397	20 consumption by persons under 21 years of age; or .
1398	1398	21 (8) includes a description of or reference to a
1399	1399	22 cannabis product as "craft", unless that product or the
1400	1400	23 raw material used to create that product is produced by a
1401	1401	24 craft grower licensed under this Act.
1402	1402	25 (b) No cannabis business establishment nor any other
1403	1403
1404	1404
1405	1405
1406	1406
1407	1407
1408	1408	HB0031 - 38 - LRB103 03544 CPF 48550 b
1409	1409
1410	1410
1411	1411	HB0031- 39 -LRB103 03544 CPF 48550 b HB0031 - 39 - LRB103 03544 CPF 48550 b
1412	1412	HB0031 - 39 - LRB103 03544 CPF 48550 b
1413	1413	1 person or entity shall place or maintain, or cause to be placed
1414	1414	2 or maintained, an advertisement of cannabis or a
1415	1415	3 cannabis-infused product in any form or through any medium:
1416	1416	4 (1) within 1,000 feet of the perimeter of school
1417	1417	5 grounds, a playground, a recreation center or facility, a
1418	1418	6 child care center, a public park or public library, or a
1419	1419	7 game arcade to which admission is not restricted to
1420	1420	8 persons 21 years of age or older;
1421	1421	9 (2) on or in a public transit vehicle or public
1422	1422	10 transit shelter;
1423	1423	11 (3) on or in publicly owned or publicly operated
1424	1424	12 property; or
1425	1425	13 (4) that contains information that:
1426	1426	14 (A) is false or misleading;
1427	1427	15 (B) promotes excessive consumption;
1428	1428	16 (C) depicts a person under 21 years of age
1429	1429	17 consuming cannabis;
1430	1430	18 (D) includes the image of a cannabis leaf; or
1431	1431	19 (E) includes any image designed or likely to
1432	1432	20 appeal to minors, including cartoons, toys, animals,
1433	1433	21 or children, or any other likeness to images,
1434	1434	22 characters, or phrases that are popularly used to
1435	1435	23 advertise to children, or any imitation of candy
1436	1436	24 packaging or labeling, or that promotes consumption of
1437	1437	25 cannabis.
1438	1438	26 (c) Subsections (a) and (b) do not apply to an educational
1439	1439
1440	1440
1441	1441
1442	1442
1443	1443
1444	1444	HB0031 - 39 - LRB103 03544 CPF 48550 b
1445	1445
1446	1446
1447	1447	HB0031- 40 -LRB103 03544 CPF 48550 b HB0031 - 40 - LRB103 03544 CPF 48550 b
1448	1448	HB0031 - 40 - LRB103 03544 CPF 48550 b
1449	1449	1 message.
1450	1450	2 (d) Sales promotions. No cannabis business establishment
1451	1451	3 nor any other person or entity may encourage the sale of
1452	1452	4 cannabis or cannabis products by giving away cannabis or
1453	1453	5 cannabis products, by conducting games or competitions related
1454	1454	6 to the consumption of cannabis or cannabis products, or by
1455	1455	7 providing promotional materials or activities of a manner or
1456	1456	8 type that would be appealing to children.
1457	1457	9 (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
1458	1458	10 (410 ILCS 705/60-10)
1459	1459	11 Sec. 60-10. Tax imposed.
1460	1460	12 (a) Beginning September 1, 2019, a tax is imposed upon the
1461	1461	13 privilege of cultivating cannabis at the rate of 7% of the
1462	1462	14 gross receipts from the first sale of cannabis by a
1463	1463	15 cultivator. The sale of any product that contains any amount
1464	1464	16 of cannabis or any derivative thereof is subject to the tax
1465	1465	17 under this Section on the full selling price of the product.
1466	1466	18 The Department may determine the selling price of the cannabis
1467	1467	19 when the seller and purchaser are affiliated persons, when the
1468	1468	20 sale and purchase of cannabis is not an arm's length
1469	1469	21 transaction, or when cannabis is transferred by a craft grower
1470	1470	22 to the craft grower's dispensing organization or infuser or
1471	1471	23 processing organization and a value is not established for the
1472	1472	24 cannabis. The value determined by the Department shall be
1473	1473	25 commensurate with the actual price received for products of
1474	1474
1475	1475
1476	1476
1477	1477
1478	1478
1479	1479	HB0031 - 40 - LRB103 03544 CPF 48550 b
1480	1480
1481	1481
1482	1482	HB0031- 41 -LRB103 03544 CPF 48550 b HB0031 - 41 - LRB103 03544 CPF 48550 b
1483	1483	HB0031 - 41 - LRB103 03544 CPF 48550 b
1484	1484	1 like quality, character, and use in the area. If there are no
1485	1485	2 sales of cannabis of like quality, character, and use in the
1486	1486	3 same area, then the Department shall establish a reasonable
1487	1487	4 value based on sales of products of like quality, character,
1488	1488	5 and use in other areas of the State, taking into consideration
1489	1489	6 any other relevant factors.
1490	1490	7 (a-5) The tax imposed under this Article shall not be
1491	1491	8 assessed against or collected from any craft grower awarded a
1492	1492	9 craft grower license under this Act until 2 years after the
1493	1493	10 date that the license is awarded to the craft grower.
1494	1494	11 (b) The Cannabis Cultivation Privilege Tax imposed under
1495	1495	12 this Article is solely the responsibility of the cultivator
1496	1496	13 who makes the first sale and is not the responsibility of a
1497	1497	14 subsequent purchaser, a dispensing organization, or an
1498	1498	15 infuser. Persons subject to the tax imposed under this Article
1499	1499	16 may, however, reimburse themselves for their tax liability
1500	1500	17 hereunder by separately stating reimbursement for their tax
1501	1501	18 liability as an additional charge.
1502	1502	19 (c) The tax imposed under this Article shall be in
1503	1503	20 addition to all other occupation, privilege, or excise taxes
1504	1504	21 imposed by the State of Illinois or by any unit of local
1505	1505	22 government.
1506	1506	23 (Source: P.A. 101-27, eff. 6-25-19.)
1507	1507	24 Section 99. Effective date. This Act takes effect upon
1508	1508	25 becoming law.
1509	1509
1510	1510
1511	1511
1512	1512
1513	1513
1514	1514	HB0031 - 41 - LRB103 03544 CPF 48550 b