Illinois 2023-2024 Regular Session

Illinois House Bill HB0032 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 HB0032 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED: 410 ILCS 705/1-10410 ILCS 705/15-100410 ILCS 705/30-30410 ILCS 705/35-25 Amends the Cannabis Regulation and Tax Act. Provides that premises may be shared between up to 3 craft growers, an infuser organization, a cultivation center, a dispensing organization, or any combination thereof, provided that specified requirements are met. Effective immediately. LRB103 03547 CPF 48553 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB0032 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED: 410 ILCS 705/1-10410 ILCS 705/15-100410 ILCS 705/30-30410 ILCS 705/35-25 410 ILCS 705/1-10 410 ILCS 705/15-100 410 ILCS 705/30-30 410 ILCS 705/35-25 Amends the Cannabis Regulation and Tax Act. Provides that premises may be shared between up to 3 craft growers, an infuser organization, a cultivation center, a dispensing organization, or any combination thereof, provided that specified requirements are met. Effective immediately. LRB103 03547 CPF 48553 b LRB103 03547 CPF 48553 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB0032 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED:
3	3	410 ILCS 705/1-10410 ILCS 705/15-100410 ILCS 705/30-30410 ILCS 705/35-25 410 ILCS 705/1-10 410 ILCS 705/15-100 410 ILCS 705/30-30 410 ILCS 705/35-25
4	4	410 ILCS 705/1-10
5	5	410 ILCS 705/15-100
6	6	410 ILCS 705/30-30
7	7	410 ILCS 705/35-25
8	8	Amends the Cannabis Regulation and Tax Act. Provides that premises may be shared between up to 3 craft growers, an infuser organization, a cultivation center, a dispensing organization, or any combination thereof, provided that specified requirements are met. Effective immediately.
9	9	LRB103 03547 CPF 48553 b LRB103 03547 CPF 48553 b
10	10	LRB103 03547 CPF 48553 b
11	11	A BILL FOR
12	12	HB0032LRB103 03547 CPF 48553 b HB0032 LRB103 03547 CPF 48553 b
13	13	HB0032 LRB103 03547 CPF 48553 b
14	14	1 AN ACT concerning health.
15	15	2 Be it enacted by the People of the State of Illinois,
16	16	3 represented in the General Assembly:
17	17	4 Section 5. The Cannabis Regulation and Tax Act is amended
18	18	5 by changing Sections 1-10, 15-100, 30-30, and 35-25 as
19	19	6 follows:
20	20	7 (410 ILCS 705/1-10)
21	21	8 Sec. 1-10. Definitions. In this Act:
22	22	9 "Adult Use Cultivation Center License" means a license
23	23	10 issued by the Department of Agriculture that permits a person
24	24	11 to act as a cultivation center under this Act and any
25	25	12 administrative rule made in furtherance of this Act.
26	26	13 "Adult Use Dispensing Organization License" means a
27	27	14 license issued by the Department of Financial and Professional
28	28	15 Regulation that permits a person to act as a dispensing
29	29	16 organization under this Act and any administrative rule made
30	30	17 in furtherance of this Act.
31	31	18 "Advertise" means to engage in promotional activities
32	32	19 including, but not limited to: newspaper, radio, Internet and
33	33	20 electronic media, and television advertising; the distribution
34	34	21 of fliers and circulars; billboard advertising; and the
35	35	22 display of window and interior signs. "Advertise" does not
36	36	23 mean exterior signage displaying only the name of the licensed
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40	40	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB0032 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED:
41	41	410 ILCS 705/1-10410 ILCS 705/15-100410 ILCS 705/30-30410 ILCS 705/35-25 410 ILCS 705/1-10 410 ILCS 705/15-100 410 ILCS 705/30-30 410 ILCS 705/35-25
42	42	410 ILCS 705/1-10
43	43	410 ILCS 705/15-100
44	44	410 ILCS 705/30-30
45	45	410 ILCS 705/35-25
46	46	Amends the Cannabis Regulation and Tax Act. Provides that premises may be shared between up to 3 craft growers, an infuser organization, a cultivation center, a dispensing organization, or any combination thereof, provided that specified requirements are met. Effective immediately.
47	47	LRB103 03547 CPF 48553 b LRB103 03547 CPF 48553 b
48	48	LRB103 03547 CPF 48553 b
49	49	A BILL FOR
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55	55	410 ILCS 705/1-10
56	56	410 ILCS 705/15-100
57	57	410 ILCS 705/30-30
58	58	410 ILCS 705/35-25
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77	77	1 cannabis business establishment.
78	78	2 "Application points" means the number of points a
79	79	3 Dispensary Applicant receives on an application for a
80	80	4 Conditional Adult Use Dispensing Organization License.
81	81	5 "BLS Region" means a region in Illinois used by the United
82	82	6 States Bureau of Labor Statistics to gather and categorize
83	83	7 certain employment and wage data. The 17 such regions in
84	84	8 Illinois are: Bloomington, Cape Girardeau, Carbondale-Marion,
85	85	9 Champaign-Urbana, Chicago-Naperville-Elgin, Danville,
86	86	10 Davenport-Moline-Rock Island, Decatur, Kankakee, Peoria,
87	87	11 Rockford, St. Louis, Springfield, Northwest Illinois
88	88	12 nonmetropolitan area, West Central Illinois nonmetropolitan
89	89	13 area, East Central Illinois nonmetropolitan area, and South
90	90	14 Illinois nonmetropolitan area.
91	91	15 "By lot" means a randomized method of choosing between 2
92	92	16 or more Eligible Tied Applicants or 2 or more Qualifying
93	93	17 Applicants.
94	94	18 "Cannabis" means marijuana, hashish, and other substances
95	95	19 that are identified as including any parts of the plant
96	96	20 Cannabis sativa and including derivatives or subspecies, such
97	97	21 as indica, of all strains of cannabis, whether growing or not;
98	98	22 the seeds thereof, the resin extracted from any part of the
99	99	23 plant; and any compound, manufacture, salt, derivative,
100	100	24 mixture, or preparation of the plant, its seeds, or resin,
101	101	25 including tetrahydrocannabinol (THC) and all other naturally
102	102	26 produced cannabinol derivatives, whether produced directly or
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113	113	1 indirectly by extraction; however, "cannabis" does not include
114	114	2 the mature stalks of the plant, fiber produced from the
115	115	3 stalks, oil or cake made from the seeds of the plant, any other
116	116	4 compound, manufacture, salt, derivative, mixture, or
117	117	5 preparation of the mature stalks (except the resin extracted
118	118	6 from it), fiber, oil or cake, or the sterilized seed of the
119	119	7 plant that is incapable of germination. "Cannabis" does not
120	120	8 include industrial hemp as defined and authorized under the
121	121	9 Industrial Hemp Act. "Cannabis" also means cannabis flower,
122	122	10 concentrate, and cannabis-infused products.
123	123	11 "Cannabis business establishment" means a cultivation
124	124	12 center, craft grower, processing organization, infuser
125	125	13 organization, dispensing organization, or transporting
126	126	14 organization.
127	127	15 "Cannabis concentrate" means a product derived from
128	128	16 cannabis that is produced by extracting cannabinoids,
129	129	17 including tetrahydrocannabinol (THC), from the plant through
130	130	18 the use of propylene glycol, glycerin, butter, olive oil, or
131	131	19 other typical cooking fats; water, ice, or dry ice; or butane,
132	132	20 propane, CO2, ethanol, or isopropanol and with the intended
133	133	21 use of smoking or making a cannabis-infused product. The use
134	134	22 of any other solvent is expressly prohibited unless and until
135	135	23 it is approved by the Department of Agriculture.
136	136	24 "Cannabis container" means a sealed or resealable,
137	137	25 traceable, container, or package used for the purpose of
138	138	26 containment of cannabis or cannabis-infused product during
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149	149	1 transportation.
150	150	2 "Cannabis flower" means marijuana, hashish, and other
151	151	3 substances that are identified as including any parts of the
152	152	4 plant Cannabis sativa and including derivatives or subspecies,
153	153	5 such as indica, of all strains of cannabis; including raw
154	154	6 kief, leaves, and buds, but not resin that has been extracted
155	155	7 from any part of such plant; nor any compound, manufacture,
156	156	8 salt, derivative, mixture, or preparation of such plant, its
157	157	9 seeds, or resin.
158	158	10 "Cannabis-infused product" means a beverage, food, oil,
159	159	11 ointment, tincture, topical formulation, or another product
160	160	12 containing cannabis or cannabis concentrate that is not
161	161	13 intended to be smoked.
162	162	14 "Cannabis paraphernalia" means equipment, products, or
163	163	15 materials intended to be used for planting, propagating,
164	164	16 cultivating, growing, harvesting, manufacturing, producing,
165	165	17 processing, preparing, testing, analyzing, packaging,
166	166	18 repackaging, storing, containing, concealing, ingesting, or
167	167	19 otherwise introducing cannabis into the human body.
168	168	20 "Cannabis plant monitoring system" or "plant monitoring
169	169	21 system" means a system that includes, but is not limited to,
170	170	22 testing and data collection established and maintained by the
171	171	23 cultivation center, craft grower, or processing organization
172	172	24 and that is available to the Department of Revenue, the
173	173	25 Department of Agriculture, the Department of Financial and
174	174	26 Professional Regulation, and the Illinois State Police for the
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185	185	1 purposes of documenting each cannabis plant and monitoring
186	186	2 plant development throughout the life cycle of a cannabis
187	187	3 plant cultivated for the intended use by a customer from seed
188	188	4 planting to final packaging.
189	189	5 "Cannabis testing facility" means an entity registered by
190	190	6 the Department of Agriculture to test cannabis for potency and
191	191	7 contaminants.
192	192	8 "Clone" means a plant section from a female cannabis plant
193	193	9 not yet rootbound, growing in a water solution or other
194	194	10 propagation matrix, that is capable of developing into a new
195	195	11 plant.
196	196	12 "Community College Cannabis Vocational Training Pilot
197	197	13 Program faculty participant" means a person who is 21 years of
198	198	14 age or older, licensed by the Department of Agriculture, and
199	199	15 is employed or contracted by an Illinois community college to
200	200	16 provide student instruction using cannabis plants at an
201	201	17 Illinois Community College.
202	202	18 "Community College Cannabis Vocational Training Pilot
203	203	19 Program faculty participant Agent Identification Card" means a
204	204	20 document issued by the Department of Agriculture that
205	205	21 identifies a person as a Community College Cannabis Vocational
206	206	22 Training Pilot Program faculty participant.
207	207	23 "Conditional Adult Use Dispensing Organization License"
208	208	24 means a contingent license awarded to applicants for an Adult
209	209	25 Use Dispensing Organization License that reserves the right to
210	210	26 an Adult Use Dispensing Organization License if the applicant
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221	221	1 meets certain conditions described in this Act, but does not
222	222	2 entitle the recipient to begin purchasing or selling cannabis
223	223	3 or cannabis-infused products.
224	224	4 "Conditional Adult Use Cultivation Center License" means a
225	225	5 license awarded to top-scoring applicants for an Adult Use
226	226	6 Cultivation Center License that reserves the right to an Adult
227	227	7 Use Cultivation Center License if the applicant meets certain
228	228	8 conditions as determined by the Department of Agriculture by
229	229	9 rule, but does not entitle the recipient to begin growing,
230	230	10 processing, or selling cannabis or cannabis-infused products.
231	231	11 "Craft grower" means a facility operated by an
232	232	12 organization or business that is licensed by the Department of
233	233	13 Agriculture to cultivate, dry, cure, and package cannabis and
234	234	14 perform other necessary activities to make cannabis available
235	235	15 for sale at a dispensing organization or use at a processing
236	236	16 organization. A craft grower may contain up to 5,000 square
237	237	17 feet of canopy space on its premises for plants in the
238	238	18 flowering state. The Department of Agriculture may authorize
239	239	19 an increase or decrease of flowering stage cultivation space
240	240	20 in increments of 3,000 square feet by rule based on market
241	241	21 need, craft grower capacity, and the licensee's history of
242	242	22 compliance or noncompliance, with a maximum space of 14,000
243	243	23 square feet for cultivating plants in the flowering stage,
244	244	24 which must be cultivated in all stages of growth in an enclosed
245	245	25 and secure area. A craft grower may share premises with up to 2
246	246	26 other craft growers, an infuser organization, a cultivation
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257	257	1 center, a dispensing organization, or any combination thereof
258	258	2 a processing organization or a dispensing organization, or
259	259	3 both, provided each licensee stores currency and cannabis or
260	260	4 cannabis-infused products in a separate secured vault to which
261	261	5 the other licensee does not have access or all licensees
262	262	6 sharing a vault share more than 50% of the same ownership.
263	263	7 "Craft grower agent" means a principal officer, board
264	264	8 member, employee, or other agent of a craft grower who is 21
265	265	9 years of age or older.
266	266	10 "Craft Grower Agent Identification Card" means a document
267	267	11 issued by the Department of Agriculture that identifies a
268	268	12 person as a craft grower agent.
269	269	13 "Cultivation center" means a facility operated by an
270	270	14 organization or business that is licensed by the Department of
271	271	15 Agriculture to cultivate, process, transport (unless otherwise
272	272	16 limited by this Act), and perform other necessary activities
273	273	17 to provide cannabis and cannabis-infused products to cannabis
274	274	18 business establishments.
275	275	19 "Cultivation center agent" means a principal officer,
276	276	20 board member, employee, or other agent of a cultivation center
277	277	21 who is 21 years of age or older.
278	278	22 "Cultivation Center Agent Identification Card" means a
279	279	23 document issued by the Department of Agriculture that
280	280	24 identifies a person as a cultivation center agent.
281	281	25 "Currency" means currency and coin of the United States.
282	282	26 "Dispensary" means a facility operated by a dispensing
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293	293	1 organization at which activities licensed by this Act may
294	294	2 occur.
295	295	3 "Dispensary Applicant" means the Proposed Dispensing
296	296	4 Organization Name as stated on an application for a
297	297	5 Conditional Adult Use Dispensing Organization License.
298	298	6 "Dispensing organization" means a facility operated by an
299	299	7 organization or business that is licensed by the Department of
300	300	8 Financial and Professional Regulation to acquire cannabis from
301	301	9 a cultivation center, craft grower, processing organization,
302	302	10 or another dispensary for the purpose of selling or dispensing
303	303	11 cannabis, cannabis-infused products, cannabis seeds,
304	304	12 paraphernalia, or related supplies under this Act to
305	305	13 purchasers or to qualified registered medical cannabis
306	306	14 patients and caregivers. As used in this Act, "dispensing
307	307	15 organization" includes a registered medical cannabis
308	308	16 organization as defined in the Compassionate Use of Medical
309	309	17 Cannabis Program Act or its successor Act that has obtained an
310	310	18 Early Approval Adult Use Dispensing Organization License.
311	311	19 "Dispensing organization agent" means a principal officer,
312	312	20 employee, or agent of a dispensing organization who is 21
313	313	21 years of age or older.
314	314	22 "Dispensing organization agent identification card" means
315	315	23 a document issued by the Department of Financial and
316	316	24 Professional Regulation that identifies a person as a
317	317	25 dispensing organization agent.
318	318	26 "Disproportionately Impacted Area" means a census tract or
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329	329	1 comparable geographic area that satisfies the following
330	330	2 criteria as determined by the Department of Commerce and
331	331	3 Economic Opportunity, that:
332	332	4 (1) meets at least one of the following criteria:
333	333	5 (A) the area has a poverty rate of at least 20%
334	334	6 according to the latest federal decennial census; or
335	335	7 (B) 75% or more of the children in the area
336	336	8 participate in the federal free lunch program
337	337	9 according to reported statistics from the State Board
338	338	10 of Education; or
339	339	11 (C) at least 20% of the households in the area
340	340	12 receive assistance under the Supplemental Nutrition
341	341	13 Assistance Program; or
342	342	14 (D) the area has an average unemployment rate, as
343	343	15 determined by the Illinois Department of Employment
344	344	16 Security, that is more than 120% of the national
345	345	17 unemployment average, as determined by the United
346	346	18 States Department of Labor, for a period of at least 2
347	347	19 consecutive calendar years preceding the date of the
348	348	20 application; and
349	349	21 (2) has high rates of arrest, conviction, and
350	350	22 incarceration related to the sale, possession, use,
351	351	23 cultivation, manufacture, or transport of cannabis.
352	352	24 "Early Approval Adult Use Cultivation Center License"
353	353	25 means a license that permits a medical cannabis cultivation
354	354	26 center licensed under the Compassionate Use of Medical
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365	365	1 Cannabis Program Act as of the effective date of this Act to
366	366	2 begin cultivating, infusing, packaging, transporting (unless
367	367	3 otherwise provided in this Act), processing, and selling
368	368	4 cannabis or cannabis-infused product to cannabis business
369	369	5 establishments for resale to purchasers as permitted by this
370	370	6 Act as of January 1, 2020.
371	371	7 "Early Approval Adult Use Dispensing Organization License"
372	372	8 means a license that permits a medical cannabis dispensing
373	373	9 organization licensed under the Compassionate Use of Medical
374	374	10 Cannabis Program Act as of the effective date of this Act to
375	375	11 begin selling cannabis or cannabis-infused product to
376	376	12 purchasers as permitted by this Act as of January 1, 2020.
377	377	13 "Early Approval Adult Use Dispensing Organization at a
378	378	14 secondary site" means a license that permits a medical
379	379	15 cannabis dispensing organization licensed under the
380	380	16 Compassionate Use of Medical Cannabis Program Act as of the
381	381	17 effective date of this Act to begin selling cannabis or
382	382	18 cannabis-infused product to purchasers as permitted by this
383	383	19 Act on January 1, 2020 at a different dispensary location from
384	384	20 its existing registered medical dispensary location.
385	385	21 "Eligible Tied Applicant" means a Tied Applicant that is
386	386	22 eligible to participate in the process by which a remaining
387	387	23 available license is distributed by lot pursuant to a Tied
388	388	24 Applicant Lottery.
389	389	25 "Enclosed, locked facility" means a room, greenhouse,
390	390	26 building, or other enclosed area equipped with locks or other
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401	401	1 security devices that permit access only by cannabis business
402	402	2 establishment agents working for the licensed cannabis
403	403	3 business establishment or acting pursuant to this Act to
404	404	4 cultivate, process, store, or distribute cannabis.
405	405	5 "Enclosed, locked space" means a closet, room, greenhouse,
406	406	6 building, or other enclosed area equipped with locks or other
407	407	7 security devices that permit access only by authorized
408	408	8 individuals under this Act. "Enclosed, locked space" may
409	409	9 include:
410	410	10 (1) a space within a residential building that (i) is
411	411	11 the primary residence of the individual cultivating 5 or
412	412	12 fewer cannabis plants that are more than 5 inches tall and
413	413	13 (ii) includes sleeping quarters and indoor plumbing. The
414	414	14 space must only be accessible by a key or code that is
415	415	15 different from any key or code that can be used to access
416	416	16 the residential building from the exterior; or
417	417	17 (2) a structure, such as a shed or greenhouse, that
418	418	18 lies on the same plot of land as a residential building
419	419	19 that (i) includes sleeping quarters and indoor plumbing
420	420	20 and (ii) is used as a primary residence by the person
421	421	21 cultivating 5 or fewer cannabis plants that are more than
422	422	22 5 inches tall, such as a shed or greenhouse. The structure
423	423	23 must remain locked when it is unoccupied by people.
424	424	24 "Financial institution" has the same meaning as "financial
425	425	25 organization" as defined in Section 1501 of the Illinois
426	426	26 Income Tax Act, and also includes the holding companies,
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437	437	1 subsidiaries, and affiliates of such financial organizations.
438	438	2 "Flowering stage" means the stage of cultivation where and
439	439	3 when a cannabis plant is cultivated to produce plant material
440	440	4 for cannabis products. This includes mature plants as follows:
441	441	5 (1) if greater than 2 stigmas are visible at each
442	442	6 internode of the plant; or
443	443	7 (2) if the cannabis plant is in an area that has been
444	444	8 intentionally deprived of light for a period of time
445	445	9 intended to produce flower buds and induce maturation,
446	446	10 from the moment the light deprivation began through the
447	447	11 remainder of the marijuana plant growth cycle.
448	448	12 "Individual" means a natural person.
449	449	13 "Infuser organization" or "infuser" means a facility
450	450	14 operated by an organization or business that is licensed by
451	451	15 the Department of Agriculture to directly incorporate cannabis
452	452	16 or cannabis concentrate into a product formulation to produce
453	453	17 a cannabis-infused product.
454	454	18 "Kief" means the resinous crystal-like trichomes that are
455	455	19 found on cannabis and that are accumulated, resulting in a
456	456	20 higher concentration of cannabinoids, untreated by heat or
457	457	21 pressure, or extracted using a solvent.
458	458	22 "Labor peace agreement" means an agreement between a
459	459	23 cannabis business establishment and any labor organization
460	460	24 recognized under the National Labor Relations Act, referred to
461	461	25 in this Act as a bona fide labor organization, that prohibits
462	462	26 labor organizations and members from engaging in picketing,
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473	473	1 work stoppages, boycotts, and any other economic interference
474	474	2 with the cannabis business establishment. This agreement means
475	475	3 that the cannabis business establishment has agreed not to
476	476	4 disrupt efforts by the bona fide labor organization to
477	477	5 communicate with, and attempt to organize and represent, the
478	478	6 cannabis business establishment's employees. The agreement
479	479	7 shall provide a bona fide labor organization access at
480	480	8 reasonable times to areas in which the cannabis business
481	481	9 establishment's employees work, for the purpose of meeting
482	482	10 with employees to discuss their right to representation,
483	483	11 employment rights under State law, and terms and conditions of
484	484	12 employment. This type of agreement shall not mandate a
485	485	13 particular method of election or certification of the bona
486	486	14 fide labor organization.
487	487	15 "Limited access area" means a room or other area under the
488	488	16 control of a cannabis dispensing organization licensed under
489	489	17 this Act and upon the licensed premises where cannabis sales
490	490	18 occur with access limited to purchasers, dispensing
491	491	19 organization owners and other dispensing organization agents,
492	492	20 or service professionals conducting business with the
493	493	21 dispensing organization, or, if sales to registered qualifying
494	494	22 patients, caregivers, provisional patients, and Opioid
495	495	23 Alternative Pilot Program participants licensed pursuant to
496	496	24 the Compassionate Use of Medical Cannabis Program Act are also
497	497	25 permitted at the dispensary, registered qualifying patients,
498	498	26 caregivers, provisional patients, and Opioid Alternative Pilot
499	499
500	500
501	501
502	502
503	503
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505	505
506	506
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508	508	HB0032 - 14 - LRB103 03547 CPF 48553 b
509	509	1 Program participants.
510	510	2 "Member of an impacted family" means an individual who has
511	511	3 a parent, legal guardian, child, spouse, or dependent, or was
512	512	4 a dependent of an individual who, prior to the effective date
513	513	5 of this Act, was arrested for, convicted of, or adjudicated
514	514	6 delinquent for any offense that is eligible for expungement
515	515	7 under this Act.
516	516	8 "Mother plant" means a cannabis plant that is cultivated
517	517	9 or maintained for the purpose of generating clones, and that
518	518	10 will not be used to produce plant material for sale to an
519	519	11 infuser or dispensing organization.
520	520	12 "Ordinary public view" means within the sight line with
521	521	13 normal visual range of a person, unassisted by visual aids,
522	522	14 from a public street or sidewalk adjacent to real property, or
523	523	15 from within an adjacent property.
524	524	16 "Ownership and control" means ownership of at least 51% of
525	525	17 the business, including corporate stock if a corporation, and
526	526	18 control over the management and day-to-day operations of the
527	527	19 business and an interest in the capital, assets, and profits
528	528	20 and losses of the business proportionate to percentage of
529	529	21 ownership.
530	530	22 "Person" means a natural individual, firm, partnership,
531	531	23 association, joint stock company, joint venture, public or
532	532	24 private corporation, limited liability company, or a receiver,
533	533	25 executor, trustee, guardian, or other representative appointed
534	534	26 by order of any court.
535	535
536	536
537	537
538	538
539	539
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541	541
542	542
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545	545	1 "Possession limit" means the amount of cannabis under
546	546	2 Section 10-10 that may be possessed at any one time by a person
547	547	3 21 years of age or older or who is a registered qualifying
548	548	4 medical cannabis patient or caregiver under the Compassionate
549	549	5 Use of Medical Cannabis Program Act.
550	550	6 "Principal officer" includes a cannabis business
551	551	7 establishment applicant or licensed cannabis business
552	552	8 establishment's board member, owner with more than 1% interest
553	553	9 of the total cannabis business establishment or more than 5%
554	554	10 interest of the total cannabis business establishment of a
555	555	11 publicly traded company, president, vice president, secretary,
556	556	12 treasurer, partner, officer, member, manager member, or person
557	557	13 with a profit sharing, financial interest, or revenue sharing
558	558	14 arrangement. The definition includes a person with authority
559	559	15 to control the cannabis business establishment, a person who
560	560	16 assumes responsibility for the debts of the cannabis business
561	561	17 establishment and who is further defined in this Act.
562	562	18 "Primary residence" means a dwelling where a person
563	563	19 usually stays or stays more often than other locations. It may
564	564	20 be determined by, without limitation, presence, tax filings;
565	565	21 address on an Illinois driver's license, an Illinois
566	566	22 Identification Card, or an Illinois Person with a Disability
567	567	23 Identification Card; or voter registration. No person may have
568	568	24 more than one primary residence.
569	569	25 "Processing organization" or "processor" means a facility
570	570	26 operated by an organization or business that is licensed by
571	571
572	572
573	573
574	574
575	575
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578	578
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580	580	HB0032 - 16 - LRB103 03547 CPF 48553 b
581	581	1 the Department of Agriculture to either extract constituent
582	582	2 chemicals or compounds to produce cannabis concentrate or
583	583	3 incorporate cannabis or cannabis concentrate into a product
584	584	4 formulation to produce a cannabis product.
585	585	5 "Processing organization agent" means a principal officer,
586	586	6 board member, employee, or agent of a processing organization.
587	587	7 "Processing organization agent identification card" means
588	588	8 a document issued by the Department of Agriculture that
589	589	9 identifies a person as a processing organization agent.
590	590	10 "Purchaser" means a person 21 years of age or older who
591	591	11 acquires cannabis for a valuable consideration. "Purchaser"
592	592	12 does not include a cardholder under the Compassionate Use of
593	593	13 Medical Cannabis Program Act.
594	594	14 "Qualifying Applicant" means an applicant that submitted
595	595	15 an application pursuant to Section 15-30 that received at
596	596	16 least 85% of 250 application points available under Section
597	597	17 15-30 as the applicant's final score and meets the definition
598	598	18 of "Social Equity Applicant" as set forth under this Section.
599	599	19 "Qualifying Social Equity Justice Involved Applicant"
600	600	20 means an applicant that submitted an application pursuant to
601	601	21 Section 15-30 that received at least 85% of 250 application
602	602	22 points available under Section 15-30 as the applicant's final
603	603	23 score and meets the criteria of either paragraph (1) or (2) of
604	604	24 the definition of "Social Equity Applicant" as set forth under
605	605	25 this Section.
606	606	26 "Qualified Social Equity Applicant" means a Social Equity
607	607
608	608
609	609
610	610
611	611
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613	613
614	614
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616	616	HB0032 - 17 - LRB103 03547 CPF 48553 b
617	617	1 Applicant who has been awarded a conditional license under
618	618	2 this Act to operate a cannabis business establishment.
619	619	3 "Resided" means an individual's primary residence was
620	620	4 located within the relevant geographic area as established by
621	621	5 2 of the following:
622	622	6 (1) a signed lease agreement that includes the
623	623	7 applicant's name;
624	624	8 (2) a property deed that includes the applicant's
625	625	9 name;
626	626	10 (3) school records;
627	627	11 (4) a voter registration card;
628	628	12 (5) an Illinois driver's license, an Illinois
629	629	13 Identification Card, or an Illinois Person with a
630	630	14 Disability Identification Card;
631	631	15 (6) a paycheck stub;
632	632	16 (7) a utility bill;
633	633	17 (8) tax records; or
634	634	18 (9) any other proof of residency or other information
635	635	19 necessary to establish residence as provided by rule.
636	636	20 "Smoking" means the inhalation of smoke caused by the
637	637	21 combustion of cannabis.
638	638	22 "Social Equity Applicant" means an applicant that is an
639	639	23 Illinois resident that meets one of the following criteria:
640	640	24 (1) an applicant with at least 51% ownership and
641	641	25 control by one or more individuals who have resided for at
642	642	26 least 5 of the preceding 10 years in a Disproportionately
643	643
644	644
645	645
646	646
647	647
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649	649
650	650
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652	652	HB0032 - 18 - LRB103 03547 CPF 48553 b
653	653	1 Impacted Area;
654	654	2 (2) an applicant with at least 51% ownership and
655	655	3 control by one or more individuals who:
656	656	4 (i) have been arrested for, convicted of, or
657	657	5 adjudicated delinquent for any offense that is
658	658	6 eligible for expungement under this Act; or
659	659	7 (ii) is a member of an impacted family;
660	660	8 (3) for applicants with a minimum of 10 full-time
661	661	9 employees, an applicant with at least 51% of current
662	662	10 employees who:
663	663	11 (i) currently reside in a Disproportionately
664	664	12 Impacted Area; or
665	665	13 (ii) have been arrested for, convicted of, or
666	666	14 adjudicated delinquent for any offense that is
667	667	15 eligible for expungement under this Act or member of
668	668	16 an impacted family.
669	669	17 Nothing in this Act shall be construed to preempt or limit
670	670	18 the duties of any employer under the Job Opportunities for
671	671	19 Qualified Applicants Act. Nothing in this Act shall permit an
672	672	20 employer to require an employee to disclose sealed or expunged
673	673	21 offenses, unless otherwise required by law.
674	674	22 "Tied Applicant" means an application submitted by a
675	675	23 Dispensary Applicant pursuant to Section 15-30 that received
676	676	24 the same number of application points under Section 15-30 as
677	677	25 the Dispensary Applicant's final score as one or more
678	678	26 top-scoring applications in the same BLS Region and would have
679	679
680	680
681	681
682	682
683	683
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685	685
686	686
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689	689	1 been awarded a license but for the one or more other
690	690	2 top-scoring applications that received the same number of
691	691	3 application points. Each application for which a Dispensary
692	692	4 Applicant was required to pay a required application fee for
693	693	5 the application period ending January 2, 2020 shall be
694	694	6 considered an application of a separate Tied Applicant.
695	695	7 "Tied Applicant Lottery" means the process established
696	696	8 under 68 Ill. Adm. Code 1291.50 for awarding Conditional Adult
697	697	9 Use Dispensing Organization Licenses pursuant to Sections
698	698	10 15-25 and 15-30 among Eligible Tied Applicants.
699	699	11 "Tincture" means a cannabis-infused solution, typically
700	700	12 comprised of alcohol, glycerin, or vegetable oils, derived
701	701	13 either directly from the cannabis plant or from a processed
702	702	14 cannabis extract. A tincture is not an alcoholic liquor as
703	703	15 defined in the Liquor Control Act of 1934. A tincture shall
704	704	16 include a calibrated dropper or other similar device capable
705	705	17 of accurately measuring servings.
706	706	18 "Transporting organization" or "transporter" means an
707	707	19 organization or business that is licensed by the Department of
708	708	20 Agriculture to transport cannabis or cannabis-infused product
709	709	21 on behalf of a cannabis business establishment or a community
710	710	22 college licensed under the Community College Cannabis
711	711	23 Vocational Training Pilot Program.
712	712	24 "Transporting organization agent" means a principal
713	713	25 officer, board member, employee, or agent of a transporting
714	714	26 organization.
715	715
716	716
717	717
718	718
719	719
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721	721
722	722
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724	724	HB0032 - 20 - LRB103 03547 CPF 48553 b
725	725	1 "Transporting organization agent identification card"
726	726	2 means a document issued by the Department of Agriculture that
727	727	3 identifies a person as a transporting organization agent.
728	728	4 "Unit of local government" means any county, city,
729	729	5 village, or incorporated town.
730	730	6 "Vegetative stage" means the stage of cultivation in which
731	731	7 a cannabis plant is propagated to produce additional cannabis
732	732	8 plants or reach a sufficient size for production. This
733	733	9 includes seedlings, clones, mothers, and other immature
734	734	10 cannabis plants as follows:
735	735	11 (1) if the cannabis plant is in an area that has not
736	736	12 been intentionally deprived of light for a period of time
737	737	13 intended to produce flower buds and induce maturation, it
738	738	14 has no more than 2 stigmas visible at each internode of the
739	739	15 cannabis plant; or
740	740	16 (2) any cannabis plant that is cultivated solely for
741	741	17 the purpose of propagating clones and is never used to
742	742	18 produce cannabis.
743	743	19 (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
744	744	20 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff.
745	745	21 5-13-22.)
746	746	22 (410 ILCS 705/15-100)
747	747	23 Sec. 15-100. Security.
748	748	24 (a) A dispensing organization shall implement security
749	749	25 measures to deter and prevent entry into and theft of cannabis
750	750
751	751
752	752
753	753
754	754
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756	756
757	757
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760	760	1 or currency.
761	761	2 (b) A dispensing organization shall submit any changes to
762	762	3 the floor plan or security plan to the Department for
763	763	4 pre-approval. All cannabis shall be maintained and stored in a
764	764	5 restricted access area during construction.
765	765	6 (c) The dispensing organization shall implement security
766	766	7 measures to protect the premises, purchasers, and dispensing
767	767	8 organization agents including, but not limited to the
768	768	9 following:
769	769	10 (1) Establish a locked door or barrier between the
770	770	11 facility's entrance and the limited access area;
771	771	12 (2) Prevent individuals from remaining on the premises
772	772	13 if they are not engaging in activity permitted by this Act
773	773	14 or rules;
774	774	15 (3) Develop a policy that addresses the maximum
775	775	16 capacity and purchaser flow in the waiting rooms and
776	776	17 limited access areas;
777	777	18 (4) Dispose of cannabis in accordance with this Act
778	778	19 and rules;
779	779	20 (5) During hours of operation, store and dispense all
780	780	21 cannabis from the restricted access area. During
781	781	22 operational hours, cannabis shall be stored in an enclosed
782	782	23 locked room or cabinet and accessible only to specifically
783	783	24 authorized dispensing organization agents;
784	784	25 (6) When the dispensary is closed, store all cannabis
785	785	26 and currency in a reinforced vault room in the restricted
786	786
787	787
788	788
789	789
790	790
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792	792
793	793
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795	795	HB0032 - 22 - LRB103 03547 CPF 48553 b
796	796	1 access area and in a manner as to prevent diversion,
797	797	2 theft, or loss;
798	798	3 (7) Keep the reinforced vault room and any other
799	799	4 equipment or cannabis storage areas securely locked and
800	800	5 protected from unauthorized entry;
801	801	6 (8) Keep an electronic daily log of dispensing
802	802	7 organization agents with access to the reinforced vault
803	803	8 room and knowledge of the access code or combination;
804	804	9 (9) Keep all locks and security equipment in good
805	805	10 working order;
806	806	11 (10) Maintain an operational security and alarm system
807	807	12 at all times;
808	808	13 (11) Prohibit keys, if applicable, from being left in
809	809	14 the locks, or stored or placed in a location accessible to
810	810	15 persons other than specifically authorized personnel;
811	811	16 (12) Prohibit accessibility of security measures,
812	812	17 including combination numbers, passwords, or electronic or
813	813	18 biometric security systems to persons other than
814	814	19 specifically authorized dispensing organization agents;
815	815	20 (13) Ensure that the dispensary interior and exterior
816	816	21 premises are sufficiently lit to facilitate surveillance;
817	817	22 (14) Ensure that trees, bushes, and other foliage
818	818	23 outside of the dispensary premises do not allow for a
819	819	24 person or persons to conceal themselves from sight;
820	820	25 (15) Develop emergency policies and procedures for
821	821	26 securing all product and currency following any instance
822	822
823	823
824	824
825	825
826	826
827	827	HB0032 - 22 - LRB103 03547 CPF 48553 b
828	828
829	829
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831	831	HB0032 - 23 - LRB103 03547 CPF 48553 b
832	832	1 of diversion, theft, or loss of cannabis, and conduct an
833	833	2 assessment to determine whether additional safeguards are
834	834	3 necessary; and
835	835	4 (16) Develop sufficient additional safeguards in
836	836	5 response to any special security concerns, or as required
837	837	6 by the Department.
838	838	7 (d) The Department may request or approve alternative
839	839	8 security provisions that it determines are an adequate
840	840	9 substitute for a security requirement specified in this
841	841	10 Article. Any additional protections may be considered by the
842	842	11 Department in evaluating overall security measures.
843	843	12 (e) A dispensing organization may share premises with up
844	844	13 to 3 craft growers, an infuser organization, a cultivation
845	845	14 center, or any combination thereof a craft grower or an
846	846	15 infuser organization, or both, provided each licensee stores
847	847	16 currency and cannabis or cannabis-infused products in a
848	848	17 separate secured vault to which the other licensee does not
849	849	18 have access or all licensees sharing a vault share more than
850	850	19 50% of the same ownership.
851	851	20 (f) A dispensing organization shall provide additional
852	852	21 security as needed and in a manner appropriate for the
853	853	22 community where it operates.
854	854	23 (g) Restricted access areas.
855	855	24 (1) All restricted access areas must be identified by
856	856	25 the posting of a sign that is a minimum of 12 inches by 12
857	857	26 inches and that states "Do Not Enter - Restricted Access
858	858
859	859
860	860
861	861
862	862
863	863	HB0032 - 23 - LRB103 03547 CPF 48553 b
864	864
865	865
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867	867	HB0032 - 24 - LRB103 03547 CPF 48553 b
868	868	1 Area - Authorized Personnel Only" in lettering no smaller
869	869	2 than one inch in height.
870	870	3 (2) All restricted access areas shall be clearly
871	871	4 described in the floor plan of the premises, in the form
872	872	5 and manner determined by the Department, reflecting walls,
873	873	6 partitions, counters, and all areas of entry and exit. The
874	874	7 floor plan shall show all storage, disposal, and retail
875	875	8 sales areas.
876	876	9 (3) All restricted access areas must be secure, with
877	877	10 locking devices that prevent access from the limited
878	878	11 access areas.
879	879	12 (h) Security and alarm.
880	880	13 (1) A dispensing organization shall have an adequate
881	881	14 security plan and security system to prevent and detect
882	882	15 diversion, theft, or loss of cannabis, currency, or
883	883	16 unauthorized intrusion using commercial grade equipment
884	884	17 installed by an Illinois licensed private alarm contractor
885	885	18 or private alarm contractor agency that shall, at a
886	886	19 minimum, include:
887	887	20 (i) A perimeter alarm on all entry points and
888	888	21 glass break protection on perimeter windows;
889	889	22 (ii) Security shatterproof tinted film on exterior
890	890	23 windows;
891	891	24 (iii) A failure notification system that provides
892	892	25 an audible, text, or visual notification of any
893	893	26 failure in the surveillance system, including, but not
894	894
895	895
896	896
897	897
898	898
899	899	HB0032 - 24 - LRB103 03547 CPF 48553 b
900	900
901	901
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904	904	1 limited to, panic buttons, alarms, and video
905	905	2 monitoring system. The failure notification system
906	906	3 shall provide an alert to designated dispensing
907	907	4 organization agents within 5 minutes after the
908	908	5 failure, either by telephone or text message;
909	909	6 (iv) A duress alarm, panic button, and alarm, or
910	910	7 holdup alarm and after-hours intrusion detection alarm
911	911	8 that by design and purpose will directly or indirectly
912	912	9 notify, by the most efficient means, the Public Safety
913	913	10 Answering Point for the law enforcement agency having
914	914	11 primary jurisdiction;
915	915	12 (v) Security equipment to deter and prevent
916	916	13 unauthorized entrance into the dispensary, including
917	917	14 electronic door locks on the limited and restricted
918	918	15 access areas that include devices or a series of
919	919	16 devices to detect unauthorized intrusion that may
920	920	17 include a signal system interconnected with a radio
921	921	18 frequency method, cellular, private radio signals or
922	922	19 other mechanical or electronic device.
923	923	20 (2) All security system equipment and recordings shall
924	924	21 be maintained in good working order, in a secure location
925	925	22 so as to prevent theft, loss, destruction, or alterations.
926	926	23 (3) Access to surveillance monitoring recording
927	927	24 equipment shall be limited to persons who are essential to
928	928	25 surveillance operations, law enforcement authorities
929	929	26 acting within their jurisdiction, security system service
930	930
931	931
932	932
933	933
934	934
935	935	HB0032 - 25 - LRB103 03547 CPF 48553 b
936	936
937	937
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939	939	HB0032 - 26 - LRB103 03547 CPF 48553 b
940	940	1 personnel, and the Department. A current list of
941	941	2 authorized dispensing organization agents and service
942	942	3 personnel that have access to the surveillance equipment
943	943	4 must be available to the Department upon request.
944	944	5 (4) All security equipment shall be inspected and
945	945	6 tested at regular intervals, not to exceed one month from
946	946	7 the previous inspection, and tested to ensure the systems
947	947	8 remain functional.
948	948	9 (5) The security system shall provide protection
949	949	10 against theft and diversion that is facilitated or hidden
950	950	11 by tampering with computers or electronic records.
951	951	12 (6) The dispensary shall ensure all access doors are
952	952	13 not solely controlled by an electronic access panel to
953	953	14 ensure that locks are not released during a power outage.
954	954	15 (i) To monitor the dispensary, the dispensing organization
955	955	16 shall incorporate continuous electronic video monitoring
956	956	17 including the following:
957	957	18 (1) All monitors must be 19 inches or greater;
958	958	19 (2) Unobstructed video surveillance of all enclosed
959	959	20 dispensary areas, unless prohibited by law, including all
960	960	21 points of entry and exit that shall be appropriate for the
961	961	22 normal lighting conditions of the area under surveillance.
962	962	23 The cameras shall be directed so all areas are captured,
963	963	24 including, but not limited to, safes, vaults, sales areas,
964	964	25 and areas where cannabis is stored, handled, dispensed, or
965	965	26 destroyed. Cameras shall be angled to allow for facial
966	966
967	967
968	968
969	969
970	970
971	971	HB0032 - 26 - LRB103 03547 CPF 48553 b
972	972
973	973
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975	975	HB0032 - 27 - LRB103 03547 CPF 48553 b
976	976	1 recognition, the capture of clear and certain
977	977	2 identification of any person entering or exiting the
978	978	3 dispensary area and in lighting sufficient during all
979	979	4 times of night or day;
980	980	5 (3) Unobstructed video surveillance of outside areas,
981	981	6 the storefront, and the parking lot, that shall be
982	982	7 appropriate for the normal lighting conditions of the area
983	983	8 under surveillance. Cameras shall be angled so as to allow
984	984	9 for the capture of facial recognition, clear and certain
985	985	10 identification of any person entering or exiting the
986	986	11 dispensary and the immediate surrounding area, and license
987	987	12 plates of vehicles in the parking lot;
988	988	13 (4) 24-hour recordings from all video cameras
989	989	14 available for immediate viewing by the Department upon
990	990	15 request. Recordings shall not be destroyed or altered and
991	991	16 shall be retained for at least 90 days. Recordings shall
992	992	17 be retained as long as necessary if the dispensing
993	993	18 organization is aware of the loss or theft of cannabis or a
994	994	19 pending criminal, civil, or administrative investigation
995	995	20 or legal proceeding for which the recording may contain
996	996	21 relevant information;
997	997	22 (5) The ability to immediately produce a clear, color
998	998	23 still photo from the surveillance video, either live or
999	999	24 recorded;
1000	1000	25 (6) A date and time stamp embedded on all video
1001	1001	26 surveillance recordings. The date and time shall be
1002	1002
1003	1003
1004	1004
1005	1005
1006	1006
1007	1007	HB0032 - 27 - LRB103 03547 CPF 48553 b
1008	1008
1009	1009
1010	1010	HB0032- 28 -LRB103 03547 CPF 48553 b HB0032 - 28 - LRB103 03547 CPF 48553 b
1011	1011	HB0032 - 28 - LRB103 03547 CPF 48553 b
1012	1012	1 synchronized and set correctly and shall not significantly
1013	1013	2 obscure the picture;
1014	1014	3 (7) The ability to remain operational during a power
1015	1015	4 outage and ensure all access doors are not solely
1016	1016	5 controlled by an electronic access panel to ensure that
1017	1017	6 locks are not released during a power outage;
1018	1018	7 (8) All video surveillance equipment shall allow for
1019	1019	8 the exporting of still images in an industry standard
1020	1020	9 image format, including .jpg, .bmp, and .gif. Exported
1021	1021	10 video shall have the ability to be archived in a
1022	1022	11 proprietary format that ensures authentication of the
1023	1023	12 video and guarantees that no alteration of the recorded
1024	1024	13 image has taken place. Exported video shall also have the
1025	1025	14 ability to be saved in an industry standard file format
1026	1026	15 that can be played on a standard computer operating
1027	1027	16 system. All recordings shall be erased or destroyed before
1028	1028	17 disposal;
1029	1029	18 (9) The video surveillance system shall be operational
1030	1030	19 during a power outage with a 4-hour minimum battery
1031	1031	20 backup;
1032	1032	21 (10) A video camera or cameras recording at each
1033	1033	22 point-of-sale location allowing for the identification of
1034	1034	23 the dispensing organization agent distributing the
1035	1035	24 cannabis and any purchaser. The camera or cameras shall
1036	1036	25 capture the sale, the individuals and the computer
1037	1037	26 monitors used for the sale;
1038	1038
1039	1039
1040	1040
1041	1041
1042	1042
1043	1043	HB0032 - 28 - LRB103 03547 CPF 48553 b
1044	1044
1045	1045
1046	1046	HB0032- 29 -LRB103 03547 CPF 48553 b HB0032 - 29 - LRB103 03547 CPF 48553 b
1047	1047	HB0032 - 29 - LRB103 03547 CPF 48553 b
1048	1048	1 (11) A failure notification system that provides an
1049	1049	2 audible and visual notification of any failure in the
1050	1050	3 electronic video monitoring system; and
1051	1051	4 (12) All electronic video surveillance monitoring must
1052	1052	5 record at least the equivalent of 8 frames per second and
1053	1053	6 be available as recordings to the Department and the
1054	1054	7 Illinois State Police 24 hours a day via a secure
1055	1055	8 web-based portal with reverse functionality.
1056	1056	9 (j) The requirements contained in this Act are minimum
1057	1057	10 requirements for operating a dispensing organization. The
1058	1058	11 Department may establish additional requirements by rule.
1059	1059	12 (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
1060	1060	13 102-538, eff. 8-20-21.)
1061	1061	14 (410 ILCS 705/30-30)
1062	1062	15 Sec. 30-30. Craft grower requirements; prohibitions.
1063	1063	16 (a) The operating documents of a craft grower shall
1064	1064	17 include procedures for the oversight of the craft grower, a
1065	1065	18 cannabis plant monitoring system including a physical
1066	1066	19 inventory recorded weekly, accurate recordkeeping, and a
1067	1067	20 staffing plan.
1068	1068	21 (b) A craft grower shall implement a security plan
1069	1069	22 reviewed by the Illinois State Police that includes, but is
1070	1070	23 not limited to: facility access controls, perimeter intrusion
1071	1071	24 detection systems, personnel identification systems, and a
1072	1072	25 24-hour surveillance system to monitor the interior and
1073	1073
1074	1074
1075	1075
1076	1076
1077	1077
1078	1078	HB0032 - 29 - LRB103 03547 CPF 48553 b
1079	1079
1080	1080
1081	1081	HB0032- 30 -LRB103 03547 CPF 48553 b HB0032 - 30 - LRB103 03547 CPF 48553 b
1082	1082	HB0032 - 30 - LRB103 03547 CPF 48553 b
1083	1083	1 exterior of the craft grower facility and that is accessible
1084	1084	2 to authorized law enforcement and the Department of
1085	1085	3 Agriculture in real time.
1086	1086	4 (c) All cultivation of cannabis by a craft grower must
1087	1087	5 take place in an enclosed, locked facility at the physical
1088	1088	6 address provided to the Department of Agriculture during the
1089	1089	7 licensing process. The craft grower location shall only be
1090	1090	8 accessed by the agents working for the craft grower, the
1091	1091	9 Department of Agriculture staff performing inspections, the
1092	1092	10 Department of Public Health staff performing inspections,
1093	1093	11 State and local law enforcement or other emergency personnel,
1094	1094	12 contractors working on jobs unrelated to cannabis, such as
1095	1095	13 installing or maintaining security devices or performing
1096	1096	14 electrical wiring, transporting organization agents as
1097	1097	15 provided in this Act, or participants in the incubator
1098	1098	16 program, individuals in a mentoring or educational program
1099	1099	17 approved by the State, or other individuals as provided by
1100	1100	18 rule. However, if a craft grower shares a premises with an
1101	1101	19 infuser or dispensing organization, agents from those other
1102	1102	20 licensees may access the craft grower portion of the premises
1103	1103	21 if that is the location of common bathrooms, lunchrooms,
1104	1104	22 locker rooms, or other areas of the building where work or
1105	1105	23 cultivation of cannabis is not performed. At no time may an
1106	1106	24 infuser or dispensing organization agent perform work at a
1107	1107	25 craft grower without being a registered agent of the craft
1108	1108	26 grower.
1109	1109
1110	1110
1111	1111
1112	1112
1113	1113
1114	1114	HB0032 - 30 - LRB103 03547 CPF 48553 b
1115	1115
1116	1116
1117	1117	HB0032- 31 -LRB103 03547 CPF 48553 b HB0032 - 31 - LRB103 03547 CPF 48553 b
1118	1118	HB0032 - 31 - LRB103 03547 CPF 48553 b
1119	1119	1 (d) A craft grower may not sell or distribute any cannabis
1120	1120	2 to any person other than a cultivation center, a craft grower,
1121	1121	3 an infuser organization, a dispensing organization, or as
1122	1122	4 otherwise authorized by rule.
1123	1123	5 (e) A craft grower may not be located in an area zoned for
1124	1124	6 residential use.
1125	1125	7 (f) A craft grower may not either directly or indirectly
1126	1126	8 discriminate in price between different cannabis business
1127	1127	9 establishments that are purchasing a like grade, strain,
1128	1128	10 brand, and quality of cannabis or cannabis-infused product.
1129	1129	11 Nothing in this subsection (f) prevents a craft grower from
1130	1130	12 pricing cannabis differently based on differences in the cost
1131	1131	13 of manufacturing or processing, the quantities sold, such as
1132	1132	14 volume discounts, or the way the products are delivered.
1133	1133	15 (g) All cannabis harvested by a craft grower and intended
1134	1134	16 for distribution to a dispensing organization must be entered
1135	1135	17 into a data collection system, packaged and labeled under
1136	1136	18 Section 55-21, and, if distribution is to a dispensing
1137	1137	19 organization that does not share a premises with the
1138	1138	20 dispensing organization receiving the cannabis, placed into a
1139	1139	21 cannabis container for transport. All cannabis harvested by a
1140	1140	22 craft grower and intended for distribution to a cultivation
1141	1141	23 center, to an infuser organization, or to a craft grower with
1142	1142	24 which it does not share a premises, must be packaged in a
1143	1143	25 labeled cannabis container and entered into a data collection
1144	1144	26 system before transport.
1145	1145
1146	1146
1147	1147
1148	1148
1149	1149
1150	1150	HB0032 - 31 - LRB103 03547 CPF 48553 b
1151	1151
1152	1152
1153	1153	HB0032- 32 -LRB103 03547 CPF 48553 b HB0032 - 32 - LRB103 03547 CPF 48553 b
1154	1154	HB0032 - 32 - LRB103 03547 CPF 48553 b
1155	1155	1 (h) Craft growers are subject to random inspections by the
1156	1156	2 Department of Agriculture, local safety or health inspectors,
1157	1157	3 the Illinois State Police, or as provided by rule.
1158	1158	4 (i) A craft grower agent shall notify local law
1159	1159	5 enforcement, the Illinois State Police, and the Department of
1160	1160	6 Agriculture within 24 hours of the discovery of any loss or
1161	1161	7 theft. Notification shall be made by phone, in person, or
1162	1162	8 written or electronic communication.
1163	1163	9 (j) A craft grower shall comply with all State and any
1164	1164	10 applicable federal rules and regulations regarding the use of
1165	1165	11 pesticides.
1166	1166	12 (k) A craft grower or craft grower agent shall not
1167	1167	13 transport cannabis or cannabis-infused products to any other
1168	1168	14 cannabis business establishment without a transport
1169	1169	15 organization license unless:
1170	1170	16 (i) If the craft grower is located in a county with a
1171	1171	17 population of 3,000,000 or more, the cannabis business
1172	1172	18 establishment receiving the cannabis is within 2,000 feet
1173	1173	19 of the property line of the craft grower;
1174	1174	20 (ii) If the craft grower is located in a county with a
1175	1175	21 population of more than 700,000 but fewer than 3,000,000,
1176	1176	22 the cannabis business establishment receiving the cannabis
1177	1177	23 is within 2 miles of the craft grower; or
1178	1178	24 (iii) If the craft grower is located in a county with a
1179	1179	25 population of fewer than 700,000, the cannabis business
1180	1180	26 establishment receiving the cannabis is within 15 miles of
1181	1181
1182	1182
1183	1183
1184	1184
1185	1185
1186	1186	HB0032 - 32 - LRB103 03547 CPF 48553 b
1187	1187
1188	1188
1189	1189	HB0032- 33 -LRB103 03547 CPF 48553 b HB0032 - 33 - LRB103 03547 CPF 48553 b
1190	1190	HB0032 - 33 - LRB103 03547 CPF 48553 b
1191	1191	1 the craft grower.
1192	1192	2 (l) A craft grower may enter into a contract with a
1193	1193	3 transporting organization to transport cannabis to a
1194	1194	4 cultivation center, a craft grower, an infuser organization, a
1195	1195	5 dispensing organization, or a laboratory.
1196	1196	6 (m) No person or entity shall hold any legal, equitable,
1197	1197	7 ownership, or beneficial interest, directly or indirectly, of
1198	1198	8 more than 3 craft grower licenses. Further, no person or
1199	1199	9 entity that is employed by, an agent of, or has a contract to
1200	1200	10 receive payment from or participate in the management of a
1201	1201	11 craft grower, is a principal officer of a craft grower, or
1202	1202	12 entity controlled by or affiliated with a principal officer of
1203	1203	13 a craft grower shall hold any legal, equitable, ownership, or
1204	1204	14 beneficial interest, directly or indirectly, in a craft grower
1205	1205	15 license that would result in the person or entity owning or
1206	1206	16 controlling in combination with any craft grower, principal
1207	1207	17 officer of a craft grower, or entity controlled or affiliated
1208	1208	18 with a principal officer of a craft grower by which he, she, or
1209	1209	19 it is employed, is an agent of, or participates in the
1210	1210	20 management of more than 3 craft grower licenses.
1211	1211	21 (n) It is unlawful for any person having a craft grower
1212	1212	22 license or any officer, associate, member, representative, or
1213	1213	23 agent of the licensee to offer or deliver money, or anything
1214	1214	24 else of value, directly or indirectly, to any person having an
1215	1215	25 Early Approval Adult Use Dispensing Organization License, a
1216	1216	26 Conditional Adult Use Dispensing Organization License, an
1217	1217
1218	1218
1219	1219
1220	1220
1221	1221
1222	1222	HB0032 - 33 - LRB103 03547 CPF 48553 b
1223	1223
1224	1224
1225	1225	HB0032- 34 -LRB103 03547 CPF 48553 b HB0032 - 34 - LRB103 03547 CPF 48553 b
1226	1226	HB0032 - 34 - LRB103 03547 CPF 48553 b
1227	1227	1 Adult Use Dispensing Organization License, or a medical
1228	1228	2 cannabis dispensing organization license issued under the
1229	1229	3 Compassionate Use of Medical Cannabis Program Act, or to any
1230	1230	4 person connected with or in any way representing, or to any
1231	1231	5 member of the family of, the person holding an Early Approval
1232	1232	6 Adult Use Dispensing Organization License, a Conditional Adult
1233	1233	7 Use Dispensing Organization License, an Adult Use Dispensing
1234	1234	8 Organization License, or a medical cannabis dispensing
1235	1235	9 organization license issued under the Compassionate Use of
1236	1236	10 Medical Cannabis Program Act, or to any stockholders in any
1237	1237	11 corporation engaged in the retail sale of cannabis, or to any
1238	1238	12 officer, manager, agent, or representative of the Early
1239	1239	13 Approval Adult Use Dispensing Organization License, a
1240	1240	14 Conditional Adult Use Dispensing Organization License, an
1241	1241	15 Adult Use Dispensing Organization License, or a medical
1242	1242	16 cannabis dispensing organization license issued under the
1243	1243	17 Compassionate Use of Medical Cannabis Program Act to obtain
1244	1244	18 preferential placement within the dispensing organization,
1245	1245	19 including, without limitation, on shelves and in display cases
1246	1246	20 where purchasers can view products, or on the dispensing
1247	1247	21 organization's website.
1248	1248	22 (o) A craft grower shall not be located within 1,500 feet
1249	1249	23 of another craft grower or a cultivation center, unless the
1250	1250	24 craft grower shares premises with up to 2 other craft growers,
1251	1251	25 an infuser organization, a dispensing organization, or any
1252	1252	26 combination thereof as provided under the definition of "craft
1253	1253
1254	1254
1255	1255
1256	1256
1257	1257
1258	1258	HB0032 - 34 - LRB103 03547 CPF 48553 b
1259	1259
1260	1260
1261	1261	HB0032- 35 -LRB103 03547 CPF 48553 b HB0032 - 35 - LRB103 03547 CPF 48553 b
1262	1262	HB0032 - 35 - LRB103 03547 CPF 48553 b
1263	1263	1 grower" in Section 1-10 or under subsection (e) of Section
1264	1264	2 15-100 or subsection (l) of Section 35-25.
1265	1265	3 (p) A craft grower may process cannabis, cannabis
1266	1266	4 concentrates, and cannabis-infused products.
1267	1267	5 (q) A craft grower must comply with any other requirements
1268	1268	6 or prohibitions set by administrative rule of the Department
1269	1269	7 of Agriculture.
1270	1270	8 (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
1271	1271	9 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff.
1272	1272	10 5-13-22.)
1273	1273	11 (410 ILCS 705/35-25)
1274	1274	12 Sec. 35-25. Infuser organization requirements;
1275	1275	13 prohibitions.
1276	1276	14 (a) The operating documents of an infuser shall include
1277	1277	15 procedures for the oversight of the infuser, an inventory
1278	1278	16 monitoring system including a physical inventory recorded
1279	1279	17 weekly, accurate recordkeeping, and a staffing plan.
1280	1280	18 (b) An infuser shall implement a security plan reviewed by
1281	1281	19 the Illinois State Police that includes, but is not limited
1282	1282	20 to: facility access controls, perimeter intrusion detection
1283	1283	21 systems, personnel identification systems, and a 24-hour
1284	1284	22 surveillance system to monitor the interior and exterior of
1285	1285	23 the infuser facility and that is accessible to authorized law
1286	1286	24 enforcement, the Department of Public Health, and the
1287	1287	25 Department of Agriculture in real time.
1288	1288
1289	1289
1290	1290
1291	1291
1292	1292
1293	1293	HB0032 - 35 - LRB103 03547 CPF 48553 b
1294	1294
1295	1295
1296	1296	HB0032- 36 -LRB103 03547 CPF 48553 b HB0032 - 36 - LRB103 03547 CPF 48553 b
1297	1297	HB0032 - 36 - LRB103 03547 CPF 48553 b
1298	1298	1 (c) All processing of cannabis by an infuser must take
1299	1299	2 place in an enclosed, locked facility at the physical address
1300	1300	3 provided to the Department of Agriculture during the licensing
1301	1301	4 process. The infuser location shall only be accessed by the
1302	1302	5 agents working for the infuser, the Department of Agriculture
1303	1303	6 staff performing inspections, the Department of Public Health
1304	1304	7 staff performing inspections, State and local law enforcement
1305	1305	8 or other emergency personnel, contractors working on jobs
1306	1306	9 unrelated to cannabis, such as installing or maintaining
1307	1307	10 security devices or performing electrical wiring, transporting
1308	1308	11 organization agents as provided in this Act, participants in
1309	1309	12 the incubator program, individuals in a mentoring or
1310	1310	13 educational program approved by the State, local safety or
1311	1311	14 health inspectors, or other individuals as provided by rule.
1312	1312	15 However, if an infuser shares a premises with a craft grower or
1313	1313	16 dispensing organization, agents from these other licensees may
1314	1314	17 access the infuser portion of the premises if that is the
1315	1315	18 location of common bathrooms, lunchrooms, locker rooms, or
1316	1316	19 other areas of the building where processing of cannabis is
1317	1317	20 not performed. At no time may a craft grower or dispensing
1318	1318	21 organization agent perform work at an infuser without being a
1319	1319	22 registered agent of the infuser.
1320	1320	23 (d) An infuser may not sell or distribute any cannabis to
1321	1321	24 any person other than a dispensing organization, or as
1322	1322	25 otherwise authorized by rule.
1323	1323	26 (e) An infuser may not either directly or indirectly
1324	1324
1325	1325
1326	1326
1327	1327
1328	1328
1329	1329	HB0032 - 36 - LRB103 03547 CPF 48553 b
1330	1330
1331	1331
1332	1332	HB0032- 37 -LRB103 03547 CPF 48553 b HB0032 - 37 - LRB103 03547 CPF 48553 b
1333	1333	HB0032 - 37 - LRB103 03547 CPF 48553 b
1334	1334	1 discriminate in price between different cannabis business
1335	1335	2 establishments that are purchasing a like grade, strain,
1336	1336	3 brand, and quality of cannabis or cannabis-infused product.
1337	1337	4 Nothing in this subsection (e) prevents an infuser from
1338	1338	5 pricing cannabis differently based on differences in the cost
1339	1339	6 of manufacturing or processing, the quantities sold, such
1340	1340	7 volume discounts, or the way the products are delivered.
1341	1341	8 (f) All cannabis infused by an infuser and intended for
1342	1342	9 distribution to a dispensing organization must be entered into
1343	1343	10 a data collection system, packaged and labeled under Section
1344	1344	11 55-21, and, if distribution is to a dispensing organization
1345	1345	12 that does not share a premises with the infuser, placed into a
1346	1346	13 cannabis container for transport. All cannabis produced by an
1347	1347	14 infuser and intended for distribution to a cultivation center,
1348	1348	15 infuser organization, or craft grower with which it does not
1349	1349	16 share a premises, must be packaged in a labeled cannabis
1350	1350	17 container and entered into a data collection system before
1351	1351	18 transport.
1352	1352	19 (g) Infusers are subject to random inspections by the
1353	1353	20 Department of Agriculture, the Department of Public Health,
1354	1354	21 the Illinois State Police, local law enforcement, or as
1355	1355	22 provided by rule.
1356	1356	23 (h) An infuser agent shall notify local law enforcement,
1357	1357	24 the Illinois State Police, and the Department of Agriculture
1358	1358	25 within 24 hours of the discovery of any loss or theft.
1359	1359	26 Notification shall be made by phone, in person, or by written
1360	1360
1361	1361
1362	1362
1363	1363
1364	1364
1365	1365	HB0032 - 37 - LRB103 03547 CPF 48553 b
1366	1366
1367	1367
1368	1368	HB0032- 38 -LRB103 03547 CPF 48553 b HB0032 - 38 - LRB103 03547 CPF 48553 b
1369	1369	HB0032 - 38 - LRB103 03547 CPF 48553 b
1370	1370	1 or electronic communication.
1371	1371	2 (i) An infuser organization may not be located in an area
1372	1372	3 zoned for residential use.
1373	1373	4 (j) An infuser or infuser agent shall not transport
1374	1374	5 cannabis or cannabis-infused products to any other cannabis
1375	1375	6 business establishment without a transport organization
1376	1376	7 license unless:
1377	1377	8 (i) If the infuser is located in a county with a
1378	1378	9 population of 3,000,000 or more, the cannabis business
1379	1379	10 establishment receiving the cannabis or cannabis-infused
1380	1380	11 product is within 2,000 feet of the property line of the
1381	1381	12 infuser;
1382	1382	13 (ii) If the infuser is located in a county with a
1383	1383	14 population of more than 700,000 but fewer than 3,000,000,
1384	1384	15 the cannabis business establishment receiving the cannabis
1385	1385	16 or cannabis-infused product is within 2 miles of the
1386	1386	17 infuser; or
1387	1387	18 (iii) If the infuser is located in a county with a
1388	1388	19 population of fewer than 700,000, the cannabis business
1389	1389	20 establishment receiving the cannabis or cannabis-infused
1390	1390	21 product is within 15 miles of the infuser.
1391	1391	22 (k) An infuser may enter into a contract with a
1392	1392	23 transporting organization to transport cannabis to a
1393	1393	24 dispensing organization or a laboratory.
1394	1394	25 (l) An infuser organization may share premises with up to
1395	1395	26 3 craft growers, a cultivation center, a dispensing
1396	1396
1397	1397
1398	1398
1399	1399
1400	1400
1401	1401	HB0032 - 38 - LRB103 03547 CPF 48553 b
1402	1402
1403	1403
1404	1404	HB0032- 39 -LRB103 03547 CPF 48553 b HB0032 - 39 - LRB103 03547 CPF 48553 b
1405	1405	HB0032 - 39 - LRB103 03547 CPF 48553 b
1406	1406	1 organization, or any combination thereof a craft grower or a
1407	1407	2 dispensing organization, or both, provided each licensee
1408	1408	3 stores currency and cannabis or cannabis-infused products in a
1409	1409	4 separate secured vault to which the other licensee does not
1410	1410	5 have access or all licensees sharing a vault share more than
1411	1411	6 50% of the same ownership.
1412	1412	7 (m) It is unlawful for any person or entity having an
1413	1413	8 infuser organization license or any officer, associate,
1414	1414	9 member, representative or agent of such licensee to offer or
1415	1415	10 deliver money, or anything else of value, directly or
1416	1416	11 indirectly to any person having an Early Approval Adult Use
1417	1417	12 Dispensing Organization License, a Conditional Adult Use
1418	1418	13 Dispensing Organization License, an Adult Use Dispensing
1419	1419	14 Organization License, or a medical cannabis dispensing
1420	1420	15 organization license issued under the Compassionate Use of
1421	1421	16 Medical Cannabis Program Act, or to any person connected with
1422	1422	17 or in any way representing, or to any member of the family of,
1423	1423	18 such person holding an Early Approval Adult Use Dispensing
1424	1424	19 Organization License, a Conditional Adult Use Dispensing
1425	1425	20 Organization License, an Adult Use Dispensing Organization
1426	1426	21 License, or a medical cannabis dispensing organization license
1427	1427	22 issued under the Compassionate Use of Medical Cannabis Program
1428	1428	23 Act, or to any stockholders in any corporation engaged the
1429	1429	24 retail sales of cannabis, or to any officer, manager, agent,
1430	1430	25 or representative of the Early Approval Adult Use Dispensing
1431	1431	26 Organization License, a Conditional Adult Use Dispensing
1432	1432
1433	1433
1434	1434
1435	1435
1436	1436
1437	1437	HB0032 - 39 - LRB103 03547 CPF 48553 b
1438	1438
1439	1439
1440	1440	HB0032- 40 -LRB103 03547 CPF 48553 b HB0032 - 40 - LRB103 03547 CPF 48553 b
1441	1441	HB0032 - 40 - LRB103 03547 CPF 48553 b
1442	1442	1 Organization License, an Adult Use Dispensing Organization
1443	1443	2 License, or a medical cannabis dispensing organization license
1444	1444	3 issued under the Compassionate Use of Medical Cannabis Program
1445	1445	4 Act to obtain preferential placement within the dispensing
1446	1446	5 organization, including, without limitation, on shelves and in
1447	1447	6 display cases where purchasers can view products, or on the
1448	1448	7 dispensing organization's website.
1449	1449	8 (n) At no time shall an infuser organization or an infuser
1450	1450	9 agent perform the extraction of cannabis concentrate from
1451	1451	10 cannabis flower.
1452	1452	11 (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
1453	1453	12 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff.
1454	1454	13 5-13-22.)
1455	1455	14 Section 99. Effective date. This Act takes effect upon
1456	1456	15 becoming law.
1457	1457
1458	1458
1459	1459
1460	1460
1461	1461
1462	1462	HB0032 - 40 - LRB103 03547 CPF 48553 b