103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3916 Introduced 2/17/2023, by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED: 410 ILCS 705/1-10410 ILCS 705/20-15410 ILCS 705/20-30410 ILCS 705/30-10 Amends the Cannabis Regulation and Tax Act. Defines "enclosed, locked facility" to mean a room, greenhouse, building, outdoor canopy space, or other enclosed area (currently room, greenhouse, building, or other enclosed area) equipped with locks or other security devices that permit access only by cannabis business establishment agents working for the licensed cannabis business establishment or acting to cultivate, process, store, or distribute cannabis. Makes conforming changes. LRB103 27158 CPF 53527 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3916 Introduced 2/17/2023, by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED: 410 ILCS 705/1-10410 ILCS 705/20-15410 ILCS 705/20-30410 ILCS 705/30-10 410 ILCS 705/1-10 410 ILCS 705/20-15 410 ILCS 705/20-30 410 ILCS 705/30-10 Amends the Cannabis Regulation and Tax Act. Defines "enclosed, locked facility" to mean a room, greenhouse, building, outdoor canopy space, or other enclosed area (currently room, greenhouse, building, or other enclosed area) equipped with locks or other security devices that permit access only by cannabis business establishment agents working for the licensed cannabis business establishment or acting to cultivate, process, store, or distribute cannabis. Makes conforming changes. LRB103 27158 CPF 53527 b LRB103 27158 CPF 53527 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3916 Introduced 2/17/2023, by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED: 410 ILCS 705/1-10410 ILCS 705/20-15410 ILCS 705/20-30410 ILCS 705/30-10 410 ILCS 705/1-10 410 ILCS 705/20-15 410 ILCS 705/20-30 410 ILCS 705/30-10 410 ILCS 705/1-10 410 ILCS 705/20-15 410 ILCS 705/20-30 410 ILCS 705/30-10 Amends the Cannabis Regulation and Tax Act. Defines "enclosed, locked facility" to mean a room, greenhouse, building, outdoor canopy space, or other enclosed area (currently room, greenhouse, building, or other enclosed area) equipped with locks or other security devices that permit access only by cannabis business establishment agents working for the licensed cannabis business establishment or acting to cultivate, process, store, or distribute cannabis. Makes conforming changes. LRB103 27158 CPF 53527 b LRB103 27158 CPF 53527 b LRB103 27158 CPF 53527 b A BILL FOR HB3916LRB103 27158 CPF 53527 b HB3916 LRB103 27158 CPF 53527 b HB3916 LRB103 27158 CPF 53527 b 1 AN ACT concerning health. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Cannabis Regulation and Tax Act is amended 5 by changing Sections 1-10, 20-15, 20-30, and 30-10 as follows: 6 (410 ILCS 705/1-10) 7 Sec. 1-10. Definitions. In this Act: 8 "Adult Use Cultivation Center License" means a license 9 issued by the Department of Agriculture that permits a person 10 to act as a cultivation center under this Act and any 11 administrative rule made in furtherance of this Act. 12 "Adult Use Dispensing Organization License" means a 13 license issued by the Department of Financial and Professional 14 Regulation that permits a person to act as a dispensing 15 organization under this Act and any administrative rule made 16 in furtherance of this Act. 17 "Advertise" means to engage in promotional activities 18 including, but not limited to: newspaper, radio, Internet and 19 electronic media, and television advertising; the distribution 20 of fliers and circulars; billboard advertising; and the 21 display of window and interior signs. "Advertise" does not 22 mean exterior signage displaying only the name of the licensed 23 cannabis business establishment. 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3916 Introduced 2/17/2023, by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED: 410 ILCS 705/1-10410 ILCS 705/20-15410 ILCS 705/20-30410 ILCS 705/30-10 410 ILCS 705/1-10 410 ILCS 705/20-15 410 ILCS 705/20-30 410 ILCS 705/30-10 410 ILCS 705/1-10 410 ILCS 705/20-15 410 ILCS 705/20-30 410 ILCS 705/30-10 Amends the Cannabis Regulation and Tax Act. Defines "enclosed, locked facility" to mean a room, greenhouse, building, outdoor canopy space, or other enclosed area (currently room, greenhouse, building, or other enclosed area) equipped with locks or other security devices that permit access only by cannabis business establishment agents working for the licensed cannabis business establishment or acting to cultivate, process, store, or distribute cannabis. Makes conforming changes. LRB103 27158 CPF 53527 b LRB103 27158 CPF 53527 b LRB103 27158 CPF 53527 b A BILL FOR 410 ILCS 705/1-10 410 ILCS 705/20-15 410 ILCS 705/20-30 410 ILCS 705/30-10 LRB103 27158 CPF 53527 b HB3916 LRB103 27158 CPF 53527 b HB3916- 2 -LRB103 27158 CPF 53527 b HB3916 - 2 - LRB103 27158 CPF 53527 b HB3916 - 2 - LRB103 27158 CPF 53527 b 1 "Application points" means the number of points a 2 Dispensary Applicant receives on an application for a 3 Conditional Adult Use Dispensing Organization License. 4 "BLS Region" means a region in Illinois used by the United 5 States Bureau of Labor Statistics to gather and categorize 6 certain employment and wage data. The 17 such regions in 7 Illinois are: Bloomington, Cape Girardeau, Carbondale-Marion, 8 Champaign-Urbana, Chicago-Naperville-Elgin, Danville, 9 Davenport-Moline-Rock Island, Decatur, Kankakee, Peoria, 10 Rockford, St. Louis, Springfield, Northwest Illinois 11 nonmetropolitan area, West Central Illinois nonmetropolitan 12 area, East Central Illinois nonmetropolitan area, and South 13 Illinois nonmetropolitan area. 14 "By lot" means a randomized method of choosing between 2 15 or more Eligible Tied Applicants or 2 or more Qualifying 16 Applicants. 17 "Cannabis" means marijuana, hashish, and other substances 18 that are identified as including any parts of the plant 19 Cannabis sativa and including derivatives or subspecies, such 20 as indica, of all strains of cannabis, whether growing or not; 21 the seeds thereof, the resin extracted from any part of the 22 plant; and any compound, manufacture, salt, derivative, 23 mixture, or preparation of the plant, its seeds, or resin, 24 including tetrahydrocannabinol (THC) and all other naturally 25 produced cannabinol derivatives, whether produced directly or 26 indirectly by extraction; however, "cannabis" does not include HB3916 - 2 - LRB103 27158 CPF 53527 b HB3916- 3 -LRB103 27158 CPF 53527 b HB3916 - 3 - LRB103 27158 CPF 53527 b HB3916 - 3 - LRB103 27158 CPF 53527 b 1 the mature stalks of the plant, fiber produced from the 2 stalks, oil or cake made from the seeds of the plant, any other 3 compound, manufacture, salt, derivative, mixture, or 4 preparation of the mature stalks (except the resin extracted 5 from it), fiber, oil or cake, or the sterilized seed of the 6 plant that is incapable of germination. "Cannabis" does not 7 include industrial hemp as defined and authorized under the 8 Industrial Hemp Act. "Cannabis" also means cannabis flower, 9 concentrate, and cannabis-infused products. 10 "Cannabis business establishment" means a cultivation 11 center, craft grower, processing organization, infuser 12 organization, dispensing organization, or transporting 13 organization. 14 "Cannabis concentrate" means a product derived from 15 cannabis that is produced by extracting cannabinoids, 16 including tetrahydrocannabinol (THC), from the plant through 17 the use of propylene glycol, glycerin, butter, olive oil, or 18 other typical cooking fats; water, ice, or dry ice; or butane, 19 propane, CO2, ethanol, or isopropanol and with the intended 20 use of smoking or making a cannabis-infused product. The use 21 of any other solvent is expressly prohibited unless and until 22 it is approved by the Department of Agriculture. 23 "Cannabis container" means a sealed or resealable, 24 traceable, container, or package used for the purpose of 25 containment of cannabis or cannabis-infused product during 26 transportation. HB3916 - 3 - LRB103 27158 CPF 53527 b HB3916- 4 -LRB103 27158 CPF 53527 b HB3916 - 4 - LRB103 27158 CPF 53527 b HB3916 - 4 - LRB103 27158 CPF 53527 b 1 "Cannabis flower" means marijuana, hashish, and other 2 substances that are identified as including any parts of the 3 plant Cannabis sativa and including derivatives or subspecies, 4 such as indica, of all strains of cannabis; including raw 5 kief, leaves, and buds, but not resin that has been extracted 6 from any part of such plant; nor any compound, manufacture, 7 salt, derivative, mixture, or preparation of such plant, its 8 seeds, or resin. 9 "Cannabis-infused product" means a beverage, food, oil, 10 ointment, tincture, topical formulation, or another product 11 containing cannabis or cannabis concentrate that is not 12 intended to be smoked. 13 "Cannabis paraphernalia" means equipment, products, or 14 materials intended to be used for planting, propagating, 15 cultivating, growing, harvesting, manufacturing, producing, 16 processing, preparing, testing, analyzing, packaging, 17 repackaging, storing, containing, concealing, ingesting, or 18 otherwise introducing cannabis into the human body. 19 "Cannabis plant monitoring system" or "plant monitoring 20 system" means a system that includes, but is not limited to, 21 testing and data collection established and maintained by the 22 cultivation center, craft grower, or processing organization 23 and that is available to the Department of Revenue, the 24 Department of Agriculture, the Department of Financial and 25 Professional Regulation, and the Illinois State Police for the 26 purposes of documenting each cannabis plant and monitoring HB3916 - 4 - LRB103 27158 CPF 53527 b HB3916- 5 -LRB103 27158 CPF 53527 b HB3916 - 5 - LRB103 27158 CPF 53527 b HB3916 - 5 - LRB103 27158 CPF 53527 b 1 plant development throughout the life cycle of a cannabis 2 plant cultivated for the intended use by a customer from seed 3 planting to final packaging. 4 "Cannabis testing facility" means an entity registered by 5 the Department of Agriculture to test cannabis for potency and 6 contaminants. 7 "Clone" means a plant section from a female cannabis plant 8 not yet rootbound, growing in a water solution or other 9 propagation matrix, that is capable of developing into a new 10 plant. 11 "Community College Cannabis Vocational Training Pilot 12 Program faculty participant" means a person who is 21 years of 13 age or older, licensed by the Department of Agriculture, and 14 is employed or contracted by an Illinois community college to 15 provide student instruction using cannabis plants at an 16 Illinois Community College. 17 "Community College Cannabis Vocational Training Pilot 18 Program faculty participant Agent Identification Card" means a 19 document issued by the Department of Agriculture that 20 identifies a person as a Community College Cannabis Vocational 21 Training Pilot Program faculty participant. 22 "Conditional Adult Use Dispensing Organization License" 23 means a contingent license awarded to applicants for an Adult 24 Use Dispensing Organization License that reserves the right to 25 an Adult Use Dispensing Organization License if the applicant 26 meets certain conditions described in this Act, but does not HB3916 - 5 - LRB103 27158 CPF 53527 b HB3916- 6 -LRB103 27158 CPF 53527 b HB3916 - 6 - LRB103 27158 CPF 53527 b HB3916 - 6 - LRB103 27158 CPF 53527 b 1 entitle the recipient to begin purchasing or selling cannabis 2 or cannabis-infused products. 3 "Conditional Adult Use Cultivation Center License" means a 4 license awarded to top-scoring applicants for an Adult Use 5 Cultivation Center License that reserves the right to an Adult 6 Use Cultivation Center License if the applicant meets certain 7 conditions as determined by the Department of Agriculture by 8 rule, but does not entitle the recipient to begin growing, 9 processing, or selling cannabis or cannabis-infused products. 10 "Craft grower" means a facility operated by an 11 organization or business that is licensed by the Department of 12 Agriculture to cultivate, dry, cure, and package cannabis and 13 perform other necessary activities to make cannabis available 14 for sale at a dispensing organization or use at a processing 15 organization. A craft grower may contain up to 5,000 square 16 feet of canopy space on its premises for plants in the 17 flowering state. The Department of Agriculture may authorize 18 an increase or decrease of flowering stage cultivation space 19 in increments of 3,000 square feet by rule based on market 20 need, craft grower capacity, and the licensee's history of 21 compliance or noncompliance, with a maximum space of 14,000 22 square feet for cultivating plants in the flowering stage, 23 which must be cultivated in all stages of growth in an enclosed 24 and secure area. A craft grower may share premises with a 25 processing organization or a dispensing organization, or both, 26 provided each licensee stores currency and cannabis or HB3916 - 6 - LRB103 27158 CPF 53527 b HB3916- 7 -LRB103 27158 CPF 53527 b HB3916 - 7 - LRB103 27158 CPF 53527 b HB3916 - 7 - LRB103 27158 CPF 53527 b 1 cannabis-infused products in a separate secured vault to which 2 the other licensee does not have access or all licensees 3 sharing a vault share more than 50% of the same ownership. 4 "Craft grower agent" means a principal officer, board 5 member, employee, or other agent of a craft grower who is 21 6 years of age or older. 7 "Craft Grower Agent Identification Card" means a document 8 issued by the Department of Agriculture that identifies a 9 person as a craft grower agent. 10 "Cultivation center" means a facility operated by an 11 organization or business that is licensed by the Department of 12 Agriculture to cultivate, process, transport (unless otherwise 13 limited by this Act), and perform other necessary activities 14 to provide cannabis and cannabis-infused products to cannabis 15 business establishments. 16 "Cultivation center agent" means a principal officer, 17 board member, employee, or other agent of a cultivation center 18 who is 21 years of age or older. 19 "Cultivation Center Agent Identification Card" means a 20 document issued by the Department of Agriculture that 21 identifies a person as a cultivation center agent. 22 "Currency" means currency and coin of the United States. 23 "Dispensary" means a facility operated by a dispensing 24 organization at which activities licensed by this Act may 25 occur. 26 "Dispensary Applicant" means the Proposed Dispensing HB3916 - 7 - LRB103 27158 CPF 53527 b HB3916- 8 -LRB103 27158 CPF 53527 b HB3916 - 8 - LRB103 27158 CPF 53527 b HB3916 - 8 - LRB103 27158 CPF 53527 b 1 Organization Name as stated on an application for a 2 Conditional Adult Use Dispensing Organization License. 3 "Dispensing organization" means a facility operated by an 4 organization or business that is licensed by the Department of 5 Financial and Professional Regulation to acquire cannabis from 6 a cultivation center, craft grower, processing organization, 7 or another dispensary for the purpose of selling or dispensing 8 cannabis, cannabis-infused products, cannabis seeds, 9 paraphernalia, or related supplies under this Act to 10 purchasers or to qualified registered medical cannabis 11 patients and caregivers. As used in this Act, "dispensing 12 organization" includes a registered medical cannabis 13 organization as defined in the Compassionate Use of Medical 14 Cannabis Program Act or its successor Act that has obtained an 15 Early Approval Adult Use Dispensing Organization License. 16 "Dispensing organization agent" means a principal officer, 17 employee, or agent of a dispensing organization who is 21 18 years of age or older. 19 "Dispensing organization agent identification card" means 20 a document issued by the Department of Financial and 21 Professional Regulation that identifies a person as a 22 dispensing organization agent. 23 "Disproportionately Impacted Area" means a census tract or 24 comparable geographic area that satisfies the following 25 criteria as determined by the Department of Commerce and 26 Economic Opportunity, that: HB3916 - 8 - LRB103 27158 CPF 53527 b HB3916- 9 -LRB103 27158 CPF 53527 b HB3916 - 9 - LRB103 27158 CPF 53527 b HB3916 - 9 - LRB103 27158 CPF 53527 b 1 (1) meets at least one of the following criteria: 2 (A) the area has a poverty rate of at least 20% 3 according to the latest federal decennial census; or 4 (B) 75% or more of the children in the area 5 participate in the federal free lunch program 6 according to reported statistics from the State Board 7 of Education; or 8 (C) at least 20% of the households in the area 9 receive assistance under the Supplemental Nutrition 10 Assistance Program; or 11 (D) the area has an average unemployment rate, as 12 determined by the Illinois Department of Employment 13 Security, that is more than 120% of the national 14 unemployment average, as determined by the United 15 States Department of Labor, for a period of at least 2 16 consecutive calendar years preceding the date of the 17 application; and 18 (2) has high rates of arrest, conviction, and 19 incarceration related to the sale, possession, use, 20 cultivation, manufacture, or transport of cannabis. 21 "Early Approval Adult Use Cultivation Center License" 22 means a license that permits a medical cannabis cultivation 23 center licensed under the Compassionate Use of Medical 24 Cannabis Program Act as of the effective date of this Act to 25 begin cultivating, infusing, packaging, transporting (unless 26 otherwise provided in this Act), processing, and selling HB3916 - 9 - LRB103 27158 CPF 53527 b HB3916- 10 -LRB103 27158 CPF 53527 b HB3916 - 10 - LRB103 27158 CPF 53527 b HB3916 - 10 - LRB103 27158 CPF 53527 b 1 cannabis or cannabis-infused product to cannabis business 2 establishments for resale to purchasers as permitted by this 3 Act as of January 1, 2020. 4 "Early Approval Adult Use Dispensing Organization License" 5 means a license that permits a medical cannabis dispensing 6 organization licensed under the Compassionate Use of Medical 7 Cannabis Program Act as of the effective date of this Act to 8 begin selling cannabis or cannabis-infused product to 9 purchasers as permitted by this Act as of January 1, 2020. 10 "Early Approval Adult Use Dispensing Organization at a 11 secondary site" means a license that permits a medical 12 cannabis dispensing organization licensed under the 13 Compassionate Use of Medical Cannabis Program Act as of the 14 effective date of this Act to begin selling cannabis or 15 cannabis-infused product to purchasers as permitted by this 16 Act on January 1, 2020 at a different dispensary location from 17 its existing registered medical dispensary location. 18 "Eligible Tied Applicant" means a Tied Applicant that is 19 eligible to participate in the process by which a remaining 20 available license is distributed by lot pursuant to a Tied 21 Applicant Lottery. 22 "Enclosed, locked facility" means a room, greenhouse, 23 building, outdoor canopy space, or other enclosed area 24 equipped with locks or other security devices that permit 25 access only by cannabis business establishment agents working 26 for the licensed cannabis business establishment or acting HB3916 - 10 - LRB103 27158 CPF 53527 b HB3916- 11 -LRB103 27158 CPF 53527 b HB3916 - 11 - LRB103 27158 CPF 53527 b HB3916 - 11 - LRB103 27158 CPF 53527 b 1 pursuant to this Act to cultivate, process, store, or 2 distribute cannabis. 3 "Enclosed, locked space" means a closet, room, greenhouse, 4 building, or other enclosed area equipped with locks or other 5 security devices that permit access only by authorized 6 individuals under this Act. "Enclosed, locked space" may 7 include: 8 (1) a space within a residential building that (i) is 9 the primary residence of the individual cultivating 5 or 10 fewer cannabis plants that are more than 5 inches tall and 11 (ii) includes sleeping quarters and indoor plumbing. The 12 space must only be accessible by a key or code that is 13 different from any key or code that can be used to access 14 the residential building from the exterior; or 15 (2) a structure, such as a shed or greenhouse, that 16 lies on the same plot of land as a residential building 17 that (i) includes sleeping quarters and indoor plumbing 18 and (ii) is used as a primary residence by the person 19 cultivating 5 or fewer cannabis plants that are more than 20 5 inches tall, such as a shed or greenhouse. The structure 21 must remain locked when it is unoccupied by people. 22 "Financial institution" has the same meaning as "financial 23 organization" as defined in Section 1501 of the Illinois 24 Income Tax Act, and also includes the holding companies, 25 subsidiaries, and affiliates of such financial organizations. 26 "Flowering stage" means the stage of cultivation where and HB3916 - 11 - LRB103 27158 CPF 53527 b HB3916- 12 -LRB103 27158 CPF 53527 b HB3916 - 12 - LRB103 27158 CPF 53527 b HB3916 - 12 - LRB103 27158 CPF 53527 b 1 when a cannabis plant is cultivated to produce plant material 2 for cannabis products. This includes mature plants as follows: 3 (1) if greater than 2 stigmas are visible at each 4 internode of the plant; or 5 (2) if the cannabis plant is in an area that has been 6 intentionally deprived of light for a period of time 7 intended to produce flower buds and induce maturation, 8 from the moment the light deprivation began through the 9 remainder of the marijuana plant growth cycle. 10 "Individual" means a natural person. 11 "Infuser organization" or "infuser" means a facility 12 operated by an organization or business that is licensed by 13 the Department of Agriculture to directly incorporate cannabis 14 or cannabis concentrate into a product formulation to produce 15 a cannabis-infused product. 16 "Kief" means the resinous crystal-like trichomes that are 17 found on cannabis and that are accumulated, resulting in a 18 higher concentration of cannabinoids, untreated by heat or 19 pressure, or extracted using a solvent. 20 "Labor peace agreement" means an agreement between a 21 cannabis business establishment and any labor organization 22 recognized under the National Labor Relations Act, referred to 23 in this Act as a bona fide labor organization, that prohibits 24 labor organizations and members from engaging in picketing, 25 work stoppages, boycotts, and any other economic interference 26 with the cannabis business establishment. This agreement means HB3916 - 12 - LRB103 27158 CPF 53527 b HB3916- 13 -LRB103 27158 CPF 53527 b HB3916 - 13 - LRB103 27158 CPF 53527 b HB3916 - 13 - LRB103 27158 CPF 53527 b 1 that the cannabis business establishment has agreed not to 2 disrupt efforts by the bona fide labor organization to 3 communicate with, and attempt to organize and represent, the 4 cannabis business establishment's employees. The agreement 5 shall provide a bona fide labor organization access at 6 reasonable times to areas in which the cannabis business 7 establishment's employees work, for the purpose of meeting 8 with employees to discuss their right to representation, 9 employment rights under State law, and terms and conditions of 10 employment. This type of agreement shall not mandate a 11 particular method of election or certification of the bona 12 fide labor organization. 13 "Limited access area" means a room or other area under the 14 control of a cannabis dispensing organization licensed under 15 this Act and upon the licensed premises where cannabis sales 16 occur with access limited to purchasers, dispensing 17 organization owners and other dispensing organization agents, 18 or service professionals conducting business with the 19 dispensing organization, or, if sales to registered qualifying 20 patients, caregivers, provisional patients, and Opioid 21 Alternative Pilot Program participants licensed pursuant to 22 the Compassionate Use of Medical Cannabis Program Act are also 23 permitted at the dispensary, registered qualifying patients, 24 caregivers, provisional patients, and Opioid Alternative Pilot 25 Program participants. 26 "Member of an impacted family" means an individual who has HB3916 - 13 - LRB103 27158 CPF 53527 b HB3916- 14 -LRB103 27158 CPF 53527 b HB3916 - 14 - LRB103 27158 CPF 53527 b HB3916 - 14 - LRB103 27158 CPF 53527 b 1 a parent, legal guardian, child, spouse, or dependent, or was 2 a dependent of an individual who, prior to the effective date 3 of this Act, was arrested for, convicted of, or adjudicated 4 delinquent for any offense that is eligible for expungement 5 under this Act. 6 "Mother plant" means a cannabis plant that is cultivated 7 or maintained for the purpose of generating clones, and that 8 will not be used to produce plant material for sale to an 9 infuser or dispensing organization. 10 "Ordinary public view" means within the sight line with 11 normal visual range of a person, unassisted by visual aids, 12 from a public street or sidewalk adjacent to real property, or 13 from within an adjacent property. 14 "Ownership and control" means ownership of at least 51% of 15 the business, including corporate stock if a corporation, and 16 control over the management and day-to-day operations of the 17 business and an interest in the capital, assets, and profits 18 and losses of the business proportionate to percentage of 19 ownership. 20 "Person" means a natural individual, firm, partnership, 21 association, joint stock company, joint venture, public or 22 private corporation, limited liability company, or a receiver, 23 executor, trustee, guardian, or other representative appointed 24 by order of any court. 25 "Possession limit" means the amount of cannabis under 26 Section 10-10 that may be possessed at any one time by a person HB3916 - 14 - LRB103 27158 CPF 53527 b HB3916- 15 -LRB103 27158 CPF 53527 b HB3916 - 15 - LRB103 27158 CPF 53527 b HB3916 - 15 - LRB103 27158 CPF 53527 b 1 21 years of age or older or who is a registered qualifying 2 medical cannabis patient or caregiver under the Compassionate 3 Use of Medical Cannabis Program Act. 4 "Principal officer" includes a cannabis business 5 establishment applicant or licensed cannabis business 6 establishment's board member, owner with more than 1% interest 7 of the total cannabis business establishment or more than 5% 8 interest of the total cannabis business establishment of a 9 publicly traded company, president, vice president, secretary, 10 treasurer, partner, officer, member, manager member, or person 11 with a profit sharing, financial interest, or revenue sharing 12 arrangement. The definition includes a person with authority 13 to control the cannabis business establishment, a person who 14 assumes responsibility for the debts of the cannabis business 15 establishment and who is further defined in this Act. 16 "Primary residence" means a dwelling where a person 17 usually stays or stays more often than other locations. It may 18 be determined by, without limitation, presence, tax filings; 19 address on an Illinois driver's license, an Illinois 20 Identification Card, or an Illinois Person with a Disability 21 Identification Card; or voter registration. No person may have 22 more than one primary residence. 23 "Processing organization" or "processor" means a facility 24 operated by an organization or business that is licensed by 25 the Department of Agriculture to either extract constituent 26 chemicals or compounds to produce cannabis concentrate or HB3916 - 15 - LRB103 27158 CPF 53527 b HB3916- 16 -LRB103 27158 CPF 53527 b HB3916 - 16 - LRB103 27158 CPF 53527 b HB3916 - 16 - LRB103 27158 CPF 53527 b 1 incorporate cannabis or cannabis concentrate into a product 2 formulation to produce a cannabis product. 3 "Processing organization agent" means a principal officer, 4 board member, employee, or agent of a processing organization. 5 "Processing organization agent identification card" means 6 a document issued by the Department of Agriculture that 7 identifies a person as a processing organization agent. 8 "Purchaser" means a person 21 years of age or older who 9 acquires cannabis for a valuable consideration. "Purchaser" 10 does not include a cardholder under the Compassionate Use of 11 Medical Cannabis Program Act. 12 "Qualifying Applicant" means an applicant that submitted 13 an application pursuant to Section 15-30 that received at 14 least 85% of 250 application points available under Section 15 15-30 as the applicant's final score and meets the definition 16 of "Social Equity Applicant" as set forth under this Section. 17 "Qualifying Social Equity Justice Involved Applicant" 18 means an applicant that submitted an application pursuant to 19 Section 15-30 that received at least 85% of 250 application 20 points available under Section 15-30 as the applicant's final 21 score and meets the criteria of either paragraph (1) or (2) of 22 the definition of "Social Equity Applicant" as set forth under 23 this Section. 24 "Qualified Social Equity Applicant" means a Social Equity 25 Applicant who has been awarded a conditional license under 26 this Act to operate a cannabis business establishment. HB3916 - 16 - LRB103 27158 CPF 53527 b HB3916- 17 -LRB103 27158 CPF 53527 b HB3916 - 17 - LRB103 27158 CPF 53527 b HB3916 - 17 - LRB103 27158 CPF 53527 b 1 "Resided" means an individual's primary residence was 2 located within the relevant geographic area as established by 3 2 of the following: 4 (1) a signed lease agreement that includes the 5 applicant's name; 6 (2) a property deed that includes the applicant's 7 name; 8 (3) school records; 9 (4) a voter registration card; 10 (5) an Illinois driver's license, an Illinois 11 Identification Card, or an Illinois Person with a 12 Disability Identification Card; 13 (6) a paycheck stub; 14 (7) a utility bill; 15 (8) tax records; or 16 (9) any other proof of residency or other information 17 necessary to establish residence as provided by rule. 18 "Smoking" means the inhalation of smoke caused by the 19 combustion of cannabis. 20 "Social Equity Applicant" means an applicant that is an 21 Illinois resident that meets one of the following criteria: 22 (1) an applicant with at least 51% ownership and 23 control by one or more individuals who have resided for at 24 least 5 of the preceding 10 years in a Disproportionately 25 Impacted Area; 26 (2) an applicant with at least 51% ownership and HB3916 - 17 - LRB103 27158 CPF 53527 b HB3916- 18 -LRB103 27158 CPF 53527 b HB3916 - 18 - LRB103 27158 CPF 53527 b HB3916 - 18 - LRB103 27158 CPF 53527 b 1 control by one or more individuals who: 2 (i) have been arrested for, convicted of, or 3 adjudicated delinquent for any offense that is 4 eligible for expungement under this Act; or 5 (ii) is a member of an impacted family; 6 (3) for applicants with a minimum of 10 full-time 7 employees, an applicant with at least 51% of current 8 employees who: 9 (i) currently reside in a Disproportionately 10 Impacted Area; or 11 (ii) have been arrested for, convicted of, or 12 adjudicated delinquent for any offense that is 13 eligible for expungement under this Act or member of 14 an impacted family. 15 Nothing in this Act shall be construed to preempt or limit 16 the duties of any employer under the Job Opportunities for 17 Qualified Applicants Act. Nothing in this Act shall permit an 18 employer to require an employee to disclose sealed or expunged 19 offenses, unless otherwise required by law. 20 "Tied Applicant" means an application submitted by a 21 Dispensary Applicant pursuant to Section 15-30 that received 22 the same number of application points under Section 15-30 as 23 the Dispensary Applicant's final score as one or more 24 top-scoring applications in the same BLS Region and would have 25 been awarded a license but for the one or more other 26 top-scoring applications that received the same number of HB3916 - 18 - LRB103 27158 CPF 53527 b HB3916- 19 -LRB103 27158 CPF 53527 b HB3916 - 19 - LRB103 27158 CPF 53527 b HB3916 - 19 - LRB103 27158 CPF 53527 b 1 application points. Each application for which a Dispensary 2 Applicant was required to pay a required application fee for 3 the application period ending January 2, 2020 shall be 4 considered an application of a separate Tied Applicant. 5 "Tied Applicant Lottery" means the process established 6 under 68 Ill. Adm. Code 1291.50 for awarding Conditional Adult 7 Use Dispensing Organization Licenses pursuant to Sections 8 15-25 and 15-30 among Eligible Tied Applicants. 9 "Tincture" means a cannabis-infused solution, typically 10 comprised of alcohol, glycerin, or vegetable oils, derived 11 either directly from the cannabis plant or from a processed 12 cannabis extract. A tincture is not an alcoholic liquor as 13 defined in the Liquor Control Act of 1934. A tincture shall 14 include a calibrated dropper or other similar device capable 15 of accurately measuring servings. 16 "Transporting organization" or "transporter" means an 17 organization or business that is licensed by the Department of 18 Agriculture to transport cannabis or cannabis-infused product 19 on behalf of a cannabis business establishment or a community 20 college licensed under the Community College Cannabis 21 Vocational Training Pilot Program. 22 "Transporting organization agent" means a principal 23 officer, board member, employee, or agent of a transporting 24 organization. 25 "Transporting organization agent identification card" 26 means a document issued by the Department of Agriculture that HB3916 - 19 - LRB103 27158 CPF 53527 b HB3916- 20 -LRB103 27158 CPF 53527 b HB3916 - 20 - LRB103 27158 CPF 53527 b HB3916 - 20 - LRB103 27158 CPF 53527 b 1 identifies a person as a transporting organization agent. 2 "Unit of local government" means any county, city, 3 village, or incorporated town. 4 "Vegetative stage" means the stage of cultivation in which 5 a cannabis plant is propagated to produce additional cannabis 6 plants or reach a sufficient size for production. This 7 includes seedlings, clones, mothers, and other immature 8 cannabis plants as follows: 9 (1) if the cannabis plant is in an area that has not 10 been intentionally deprived of light for a period of time 11 intended to produce flower buds and induce maturation, it 12 has no more than 2 stigmas visible at each internode of the 13 cannabis plant; or 14 (2) any cannabis plant that is cultivated solely for 15 the purpose of propagating clones and is never used to 16 produce cannabis. 17 (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 18 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff. 19 5-13-22.) 20 (410 ILCS 705/20-15) 21 Sec. 20-15. Conditional Adult Use Cultivation Center 22 application. 23 (a) If the Department of Agriculture makes available 24 additional cultivation center licenses pursuant to Section 25 20-5, applicants for a Conditional Adult Use Cultivation HB3916 - 20 - LRB103 27158 CPF 53527 b HB3916- 21 -LRB103 27158 CPF 53527 b HB3916 - 21 - LRB103 27158 CPF 53527 b HB3916 - 21 - LRB103 27158 CPF 53527 b 1 Center License shall electronically submit the following in 2 such form as the Department of Agriculture may direct: 3 (1) the nonrefundable application fee set by rule by 4 the Department of Agriculture, to be deposited into the 5 Cannabis Regulation Fund; 6 (2) the legal name of the cultivation center; 7 (3) the proposed physical address of the cultivation 8 center; 9 (4) the name, address, social security number, and 10 date of birth of each principal officer and board member 11 of the cultivation center; each principal officer and 12 board member shall be at least 21 years of age; 13 (5) the details of any administrative or judicial 14 proceeding in which any of the principal officers or board 15 members of the cultivation center (i) pled guilty, were 16 convicted, were fined, or had a registration or license 17 suspended or revoked, or (ii) managed or served on the 18 board of a business or non-profit organization that pled 19 guilty, was convicted, was fined, or had a registration or 20 license suspended or revoked; 21 (6) proposed operating bylaws that include procedures 22 for the oversight of the cultivation center, including the 23 development and implementation of a plant monitoring 24 system, accurate recordkeeping, staffing plan, and 25 security plan approved by the Illinois State Police that 26 are in accordance with the rules issued by the Department HB3916 - 21 - LRB103 27158 CPF 53527 b HB3916- 22 -LRB103 27158 CPF 53527 b HB3916 - 22 - LRB103 27158 CPF 53527 b HB3916 - 22 - LRB103 27158 CPF 53527 b 1 of Agriculture under this Act. A physical inventory shall 2 be performed of all plants and cannabis on a weekly basis 3 by the cultivation center; 4 (7) verification from the Illinois State Police that 5 all background checks of the prospective principal 6 officers, board members, and agents of the cannabis 7 business establishment have been conducted; 8 (8) a copy of the current local zoning ordinance or 9 permit and verification that the proposed cultivation 10 center is in compliance with the local zoning rules and 11 distance limitations established by the local 12 jurisdiction; 13 (9) proposed employment practices, in which the 14 applicant must demonstrate a plan of action to inform, 15 hire, and educate minorities, women, veterans, and persons 16 with disabilities, engage in fair labor practices, and 17 provide worker protections; 18 (10) whether an applicant can demonstrate experience 19 in or business practices that promote economic empowerment 20 in Disproportionately Impacted Areas; 21 (11) experience with the cultivation of agricultural 22 or horticultural products, operating an agriculturally 23 related business, or operating a horticultural business; 24 (12) a description of the enclosed, locked facility 25 where cannabis will be grown, harvested, manufactured, 26 processed, packaged, or otherwise prepared for HB3916 - 22 - LRB103 27158 CPF 53527 b HB3916- 23 -LRB103 27158 CPF 53527 b HB3916 - 23 - LRB103 27158 CPF 53527 b HB3916 - 23 - LRB103 27158 CPF 53527 b 1 distribution to a dispensing organization; 2 (13) a survey of the enclosed, locked facility, 3 including a survey of the space used for cultivation and 4 any outdoor canopy space; 5 (14) cultivation, processing, inventory, and packaging 6 plans; 7 (15) a description of the applicant's experience with 8 agricultural cultivation techniques and industry 9 standards; 10 (16) a list of any academic degrees, certifications, 11 or relevant experience of all prospective principal 12 officers, board members, and agents of the related 13 business; 14 (17) the identity of every person having a financial 15 or voting interest of 5% or greater in the cultivation 16 center operation with respect to which the license is 17 sought, whether a trust, corporation, partnership, limited 18 liability company, or sole proprietorship, including the 19 name and address of each person; 20 (18) a plan describing how the cultivation center will 21 address each of the following: 22 (i) energy needs, including estimates of monthly 23 electricity and gas usage, to what extent it will 24 procure energy from a local utility or from on-site 25 generation, and if it has or will adopt a sustainable 26 energy use and energy conservation policy; HB3916 - 23 - LRB103 27158 CPF 53527 b HB3916- 24 -LRB103 27158 CPF 53527 b HB3916 - 24 - LRB103 27158 CPF 53527 b HB3916 - 24 - LRB103 27158 CPF 53527 b 1 (ii) water needs, including estimated water draw 2 and if it has or will adopt a sustainable water use and 3 water conservation policy; and 4 (iii) waste management, including if it has or 5 will adopt a waste reduction policy; 6 (19) a diversity plan that includes a narrative of not 7 more than 2,500 words that establishes a goal of diversity 8 in ownership, management, employment, and contracting to 9 ensure that diverse participants and groups are afforded 10 equality of opportunity; 11 (20) any other information required by rule; 12 (21) a recycling plan: 13 (A) Purchaser packaging, including cartridges, 14 shall be accepted by the applicant and recycled. 15 (B) Any recyclable waste generated by the cannabis 16 cultivation facility shall be recycled per applicable 17 State and local laws, ordinances, and rules. 18 (C) Any cannabis waste, liquid waste, or hazardous 19 waste shall be disposed of in accordance with 8 Ill. 20 Adm. Code 1000.460, except, to the greatest extent 21 feasible, all cannabis plant waste will be rendered 22 unusable by grinding and incorporating the cannabis 23 plant waste with compostable mixed waste to be 24 disposed of in accordance with 8 Ill. Adm. Code 25 1000.460(g)(1); 26 (22) commitment to comply with local waste provisions: HB3916 - 24 - LRB103 27158 CPF 53527 b HB3916- 25 -LRB103 27158 CPF 53527 b HB3916 - 25 - LRB103 27158 CPF 53527 b HB3916 - 25 - LRB103 27158 CPF 53527 b 1 a cultivation facility must remain in compliance with 2 applicable State and federal environmental requirements, 3 including, but not limited to: 4 (A) storing, securing, and managing all 5 recyclables and waste, including organic waste 6 composed of or containing finished cannabis and 7 cannabis products, in accordance with applicable State 8 and local laws, ordinances, and rules; and 9 (B) disposing liquid waste containing cannabis or 10 byproducts of cannabis processing in compliance with 11 all applicable State and federal requirements, 12 including, but not limited to, the cannabis 13 cultivation facility's permits under Title X of the 14 Environmental Protection Act; and 15 (23) a commitment to a technology standard for 16 resource efficiency of the cultivation center facility. 17 (A) A cannabis cultivation facility commits to use 18 resources efficiently, including energy and water. For 19 the following, a cannabis cultivation facility commits 20 to meet or exceed the technology standard identified 21 in items (i), (ii), (iii), and (iv), which may be 22 modified by rule: 23 (i) lighting systems, including light bulbs; 24 (ii) HVAC system; 25 (iii) water application system to the crop; 26 and HB3916 - 25 - LRB103 27158 CPF 53527 b HB3916- 26 -LRB103 27158 CPF 53527 b HB3916 - 26 - LRB103 27158 CPF 53527 b HB3916 - 26 - LRB103 27158 CPF 53527 b 1 (iv) filtration system for removing 2 contaminants from wastewater. 3 (B) Lighting. The Lighting Power Densities (LPD) 4 for cultivation space commits to not exceed an average 5 of 36 watts per gross square foot of active and growing 6 space canopy, or all installed lighting technology 7 shall meet a photosynthetic photon efficacy (PPE) of 8 no less than 2.2 micromoles per joule fixture and 9 shall be featured on the DesignLights Consortium (DLC) 10 Horticultural Specification Qualified Products List 11 (QPL). In the event that DLC requirement for minimum 12 efficacy exceeds 2.2 micromoles per joule fixture, 13 that PPE shall become the new standard. 14 (C) HVAC. 15 (i) For cannabis grow operations with less 16 than 6,000 square feet of canopy, the licensee 17 commits that all HVAC units will be 18 high-efficiency ductless split HVAC units, or 19 other more energy efficient equipment. 20 (ii) For cannabis grow operations with 6,000 21 square feet of canopy or more, the licensee 22 commits that all HVAC units will be variable 23 refrigerant flow HVAC units, or other more energy 24 efficient equipment. 25 (D) Water application. 26 (i) The cannabis cultivation facility commits HB3916 - 26 - LRB103 27158 CPF 53527 b HB3916- 27 -LRB103 27158 CPF 53527 b HB3916 - 27 - LRB103 27158 CPF 53527 b HB3916 - 27 - LRB103 27158 CPF 53527 b 1 to use automated watering systems, including, but 2 not limited to, drip irrigation and flood tables, 3 to irrigate cannabis crop. 4 (ii) The cannabis cultivation facility commits 5 to measure runoff from watering events and report 6 this volume in its water usage plan, and that on 7 average, watering events shall have no more than 8 20% of runoff of water. 9 (E) Filtration. The cultivator commits that HVAC 10 condensate, dehumidification water, excess runoff, and 11 other wastewater produced by the cannabis cultivation 12 facility shall be captured and filtered to the best of 13 the facility's ability to achieve the quality needed 14 to be reused in subsequent watering rounds. 15 (F) Reporting energy use and efficiency as 16 required by rule. 17 (b) Applicants must submit all required information, 18 including the information required in Section 20-10, to the 19 Department of Agriculture. Failure by an applicant to submit 20 all required information may result in the application being 21 disqualified. 22 (c) If the Department of Agriculture receives an 23 application with missing information, the Department of 24 Agriculture may issue a deficiency notice to the applicant. 25 The applicant shall have 10 calendar days from the date of the 26 deficiency notice to resubmit the incomplete information. HB3916 - 27 - LRB103 27158 CPF 53527 b HB3916- 28 -LRB103 27158 CPF 53527 b HB3916 - 28 - LRB103 27158 CPF 53527 b HB3916 - 28 - LRB103 27158 CPF 53527 b 1 Applications that are still incomplete after this opportunity 2 to cure will not be scored and will be disqualified. 3 (e) A cultivation center that is awarded a Conditional 4 Adult Use Cultivation Center License pursuant to the criteria 5 in Section 20-20 shall not grow, purchase, possess, or sell 6 cannabis or cannabis-infused products until the person has 7 received an Adult Use Cultivation Center License issued by the 8 Department of Agriculture pursuant to Section 20-21 of this 9 Act. 10 (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 11 102-538, eff. 8-20-21.) 12 (410 ILCS 705/20-30) 13 Sec. 20-30. Cultivation center requirements; prohibitions. 14 (a) The operating documents of a cultivation center shall 15 include procedures for the oversight of the cultivation 16 center, a cannabis plant monitoring system including a 17 physical inventory recorded weekly, accurate recordkeeping, 18 and a staffing plan. 19 (b) A cultivation center shall implement a security plan 20 reviewed by the Illinois State Police that includes, but is 21 not limited to: facility access controls, perimeter intrusion 22 detection systems, personnel identification systems, 24-hour 23 surveillance system to monitor the interior and exterior of 24 the cultivation center facility and accessibility to 25 authorized law enforcement, the Department of Public Health HB3916 - 28 - LRB103 27158 CPF 53527 b HB3916- 29 -LRB103 27158 CPF 53527 b HB3916 - 29 - LRB103 27158 CPF 53527 b HB3916 - 29 - LRB103 27158 CPF 53527 b 1 where processing takes place, and the Department of 2 Agriculture in real time. 3 (c) All cultivation of cannabis by a cultivation center 4 must take place in an enclosed, locked facility or outdoor 5 canopy space which, in either case, shall be located at the 6 physical address provided to the Department of Agriculture 7 during the licensing process. The cultivation center location 8 shall only be accessed by the agents working for the 9 cultivation center, the Department of Agriculture staff 10 performing inspections, the Department of Public Health staff 11 performing inspections, local and State law enforcement or 12 other emergency personnel, contractors working on jobs 13 unrelated to cannabis, such as installing or maintaining 14 security devices or performing electrical wiring, transporting 15 organization agents as provided in this Act, individuals in a 16 mentoring or educational program approved by the State, or 17 other individuals as provided by rule. 18 (d) A cultivation center may not sell or distribute any 19 cannabis or cannabis-infused products to any person other than 20 a dispensing organization, craft grower, infuser organization, 21 transporter, or as otherwise authorized by rule. 22 (e) A cultivation center may not either directly or 23 indirectly discriminate in price between different dispensing 24 organizations, craft growers, or infuser organizations that 25 are purchasing a like grade, strain, brand, and quality of 26 cannabis or cannabis-infused product. Nothing in this HB3916 - 29 - LRB103 27158 CPF 53527 b HB3916- 30 -LRB103 27158 CPF 53527 b HB3916 - 30 - LRB103 27158 CPF 53527 b HB3916 - 30 - LRB103 27158 CPF 53527 b 1 subsection (e) prevents a cultivation center from pricing 2 cannabis differently based on differences in the cost of 3 manufacturing or processing, the quantities sold, such as 4 volume discounts, or the way the products are delivered. 5 (f) All cannabis harvested by a cultivation center and 6 intended for distribution to a dispensing organization must be 7 entered into a data collection system, packaged and labeled 8 under Section 55-21, and placed into a cannabis container for 9 transport. All cannabis harvested by a cultivation center and 10 intended for distribution to a craft grower or infuser 11 organization must be packaged in a labeled cannabis container 12 and entered into a data collection system before transport. 13 (g) Cultivation centers are subject to random inspections 14 by the Department of Agriculture, the Department of Public 15 Health, local safety or health inspectors, the Illinois State 16 Police, or as provided by rule. 17 (h) A cultivation center agent shall notify local law 18 enforcement, the Illinois State Police, and the Department of 19 Agriculture within 24 hours of the discovery of any loss or 20 theft. Notification shall be made by phone or in person, or by 21 written or electronic communication. 22 (i) A cultivation center shall comply with all State and 23 any applicable federal rules and regulations regarding the use 24 of pesticides on cannabis plants. 25 (j) No person or entity shall hold any legal, equitable, 26 ownership, or beneficial interest, directly or indirectly, of HB3916 - 30 - LRB103 27158 CPF 53527 b HB3916- 31 -LRB103 27158 CPF 53527 b HB3916 - 31 - LRB103 27158 CPF 53527 b HB3916 - 31 - LRB103 27158 CPF 53527 b 1 more than 3 cultivation centers licensed under this Article. 2 Further, no person or entity that is employed by, an agent of, 3 has a contract to receive payment in any form from a 4 cultivation center, is a principal officer of a cultivation 5 center, or entity controlled by or affiliated with a principal 6 officer of a cultivation shall hold any legal, equitable, 7 ownership, or beneficial interest, directly or indirectly, in 8 a cultivation that would result in the person or entity owning 9 or controlling in combination with any cultivation center, 10 principal officer of a cultivation center, or entity 11 controlled or affiliated with a principal officer of a 12 cultivation center by which he, she, or it is employed, is an 13 agent of, or participates in the management of, more than 3 14 cultivation center licenses. 15 (k) A cultivation center may not contain more than 210,000 16 square feet of canopy space for plants in the flowering stage 17 for cultivation of adult use cannabis as provided in this Act. 18 (l) A cultivation center may process cannabis, cannabis 19 concentrates, and cannabis-infused products. 20 (m) Beginning July 1, 2020, a cultivation center shall not 21 transport cannabis or cannabis-infused products to a craft 22 grower, dispensing organization, infuser organization, or 23 laboratory licensed under this Act, unless it has obtained a 24 transporting organization license. 25 (n) It is unlawful for any person having a cultivation 26 center license or any officer, associate, member, HB3916 - 31 - LRB103 27158 CPF 53527 b HB3916- 32 -LRB103 27158 CPF 53527 b HB3916 - 32 - LRB103 27158 CPF 53527 b HB3916 - 32 - LRB103 27158 CPF 53527 b 1 representative, or agent of such licensee to offer or deliver 2 money, or anything else of value, directly or indirectly to 3 any person having an Early Approval Adult Use Dispensing 4 Organization License, a Conditional Adult Use Dispensing 5 Organization License, an Adult Use Dispensing Organization 6 License, or a medical cannabis dispensing organization license 7 issued under the Compassionate Use of Medical Cannabis Program 8 Act, or to any person connected with or in any way 9 representing, or to any member of the family of, such person 10 holding an Early Approval Adult Use Dispensing Organization 11 License, a Conditional Adult Use Dispensing Organization 12 License, an Adult Use Dispensing Organization License, or a 13 medical cannabis dispensing organization license issued under 14 the Compassionate Use of Medical Cannabis Program Act, or to 15 any stockholders in any corporation engaged in the retail sale 16 of cannabis, or to any officer, manager, agent, or 17 representative of the Early Approval Adult Use Dispensing 18 Organization License, a Conditional Adult Use Dispensing 19 Organization License, an Adult Use Dispensing Organization 20 License, or a medical cannabis dispensing organization license 21 issued under the Compassionate Use of Medical Cannabis Program 22 Act to obtain preferential placement within the dispensing 23 organization, including, without limitation, on shelves and in 24 display cases where purchasers can view products, or on the 25 dispensing organization's website. 26 (o) A cultivation center must comply with any other HB3916 - 32 - LRB103 27158 CPF 53527 b HB3916- 33 -LRB103 27158 CPF 53527 b HB3916 - 33 - LRB103 27158 CPF 53527 b HB3916 - 33 - LRB103 27158 CPF 53527 b 1 requirements or prohibitions set by administrative rule of the 2 Department of Agriculture. 3 (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 4 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff. 5 5-13-22.) 6 (410 ILCS 705/30-10) 7 Sec. 30-10. Application. 8 (a) When applying for a license, the applicant shall 9 electronically submit the following in such form as the 10 Department of Agriculture may direct: 11 (1) the nonrefundable application fee of $5,000 to be 12 deposited into the Cannabis Regulation Fund, or another 13 amount as the Department of Agriculture may set by rule 14 after January 1, 2021; 15 (2) the legal name of the craft grower; 16 (3) the proposed physical address of the craft grower; 17 (4) the name, address, social security number, and 18 date of birth of each principal officer and board member 19 of the craft grower; each principal officer and board 20 member shall be at least 21 years of age; 21 (5) the details of any administrative or judicial 22 proceeding in which any of the principal officers or board 23 members of the craft grower (i) pled guilty, were 24 convicted, were fined, or had a registration or license 25 suspended or revoked or (ii) managed or served on the HB3916 - 33 - LRB103 27158 CPF 53527 b HB3916- 34 -LRB103 27158 CPF 53527 b HB3916 - 34 - LRB103 27158 CPF 53527 b HB3916 - 34 - LRB103 27158 CPF 53527 b 1 board of a business or non-profit organization that pled 2 guilty, was convicted, was fined, or had a registration or 3 license suspended or revoked; 4 (6) proposed operating bylaws that include procedures 5 for the oversight of the craft grower, including the 6 development and implementation of a plant monitoring 7 system, accurate recordkeeping, staffing plan, and 8 security plan approved by the Illinois State Police that 9 are in accordance with the rules issued by the Department 10 of Agriculture under this Act; a physical inventory shall 11 be performed of all plants and on a weekly basis by the 12 craft grower; 13 (7) verification from the Illinois State Police that 14 all background checks of the prospective principal 15 officers, board members, and agents of the cannabis 16 business establishment have been conducted; 17 (8) a copy of the current local zoning ordinance or 18 permit and verification that the proposed craft grower is 19 in compliance with the local zoning rules and distance 20 limitations established by the local jurisdiction; 21 (9) proposed employment practices, in which the 22 applicant must demonstrate a plan of action to inform, 23 hire, and educate minorities, women, veterans, and persons 24 with disabilities, engage in fair labor practices, and 25 provide worker protections; 26 (10) whether an applicant can demonstrate experience HB3916 - 34 - LRB103 27158 CPF 53527 b HB3916- 35 -LRB103 27158 CPF 53527 b HB3916 - 35 - LRB103 27158 CPF 53527 b HB3916 - 35 - LRB103 27158 CPF 53527 b 1 in or business practices that promote economic empowerment 2 in Disproportionately Impacted Areas; 3 (11) experience with the cultivation of agricultural 4 or horticultural products, operating an agriculturally 5 related business, or operating a horticultural business; 6 (12) a description of the enclosed, locked facility 7 where cannabis will be grown, harvested, manufactured, 8 packaged, or otherwise prepared for distribution to a 9 dispensing organization or other cannabis business 10 establishment; 11 (13) a survey of the enclosed, locked facility, 12 including a survey of the space used for cultivation and 13 any outdoor canopy space; 14 (14) cultivation, processing, inventory, and packaging 15 plans; 16 (15) a description of the applicant's experience with 17 agricultural cultivation techniques and industry 18 standards; 19 (16) a list of any academic degrees, certifications, 20 or relevant experience of all prospective principal 21 officers, board members, and agents of the related 22 business; 23 (17) the identity of every person having a financial 24 or voting interest of 5% or greater in the craft grower 25 operation, whether a trust, corporation, partnership, 26 limited liability company, or sole proprietorship, HB3916 - 35 - LRB103 27158 CPF 53527 b HB3916- 36 -LRB103 27158 CPF 53527 b HB3916 - 36 - LRB103 27158 CPF 53527 b HB3916 - 36 - LRB103 27158 CPF 53527 b 1 including the name and address of each person; 2 (18) a plan describing how the craft grower will 3 address each of the following: 4 (i) energy needs, including estimates of monthly 5 electricity and gas usage, to what extent it will 6 procure energy from a local utility or from on-site 7 generation, and if it has or will adopt a sustainable 8 energy use and energy conservation policy; 9 (ii) water needs, including estimated water draw 10 and if it has or will adopt a sustainable water use and 11 water conservation policy; and 12 (iii) waste management, including if it has or 13 will adopt a waste reduction policy; 14 (19) a recycling plan: 15 (A) Purchaser packaging, including cartridges, 16 shall be accepted by the applicant and recycled. 17 (B) Any recyclable waste generated by the craft 18 grower facility shall be recycled per applicable State 19 and local laws, ordinances, and rules. 20 (C) Any cannabis waste, liquid waste, or hazardous 21 waste shall be disposed of in accordance with 8 Ill. 22 Adm. Code 1000.460, except, to the greatest extent 23 feasible, all cannabis plant waste will be rendered 24 unusable by grinding and incorporating the cannabis 25 plant waste with compostable mixed waste to be 26 disposed of in accordance with 8 Ill. Adm. Code HB3916 - 36 - LRB103 27158 CPF 53527 b HB3916- 37 -LRB103 27158 CPF 53527 b HB3916 - 37 - LRB103 27158 CPF 53527 b HB3916 - 37 - LRB103 27158 CPF 53527 b 1 1000.460(g)(1); 2 (20) a commitment to comply with local waste 3 provisions: a craft grower facility must remain in 4 compliance with applicable State and federal environmental 5 requirements, including, but not limited to: 6 (A) storing, securing, and managing all 7 recyclables and waste, including organic waste 8 composed of or containing finished cannabis and 9 cannabis products, in accordance with applicable State 10 and local laws, ordinances, and rules; and 11 (B) disposing liquid waste containing cannabis or 12 byproducts of cannabis processing in compliance with 13 all applicable State and federal requirements, 14 including, but not limited to, the cannabis 15 cultivation facility's permits under Title X of the 16 Environmental Protection Act; 17 (21) a commitment to a technology standard for 18 resource efficiency of the craft grower facility. 19 (A) A craft grower facility commits to use 20 resources efficiently, including energy and water. For 21 the following, a cannabis cultivation facility commits 22 to meet or exceed the technology standard identified 23 in paragraphs (i), (ii), (iii), and (iv), which may be 24 modified by rule: 25 (i) lighting systems, including light bulbs; 26 (ii) HVAC system; HB3916 - 37 - LRB103 27158 CPF 53527 b HB3916- 38 -LRB103 27158 CPF 53527 b HB3916 - 38 - LRB103 27158 CPF 53527 b HB3916 - 38 - LRB103 27158 CPF 53527 b 1 (iii) water application system to the crop; 2 and 3 (iv) filtration system for removing 4 contaminants from wastewater. 5 (B) Lighting. The Lighting Power Densities (LPD) 6 for cultivation space commits to not exceed an average 7 of 36 watts per gross square foot of active and growing 8 space canopy, or all installed lighting technology 9 shall meet a photosynthetic photon efficacy (PPE) of 10 no less than 2.2 micromoles per joule fixture and 11 shall be featured on the DesignLights Consortium (DLC) 12 Horticultural Specification Qualified Products List 13 (QPL). In the event that DLC requirement for minimum 14 efficacy exceeds 2.2 micromoles per joule fixture, 15 that PPE shall become the new standard. 16 (C) HVAC. 17 (i) For cannabis grow operations with less 18 than 6,000 square feet of canopy, the licensee 19 commits that all HVAC units will be 20 high-efficiency ductless split HVAC units, or 21 other more energy efficient equipment. 22 (ii) For cannabis grow operations with 6,000 23 square feet of canopy or more, the licensee 24 commits that all HVAC units will be variable 25 refrigerant flow HVAC units, or other more energy 26 efficient equipment. HB3916 - 38 - LRB103 27158 CPF 53527 b HB3916- 39 -LRB103 27158 CPF 53527 b HB3916 - 39 - LRB103 27158 CPF 53527 b HB3916 - 39 - LRB103 27158 CPF 53527 b 1 (D) Water application. 2 (i) The craft grower facility commits to use 3 automated watering systems, including, but not 4 limited to, drip irrigation and flood tables, to 5 irrigate cannabis crop. 6 (ii) The craft grower facility commits to 7 measure runoff from watering events and report 8 this volume in its water usage plan, and that on 9 average, watering events shall have no more than 10 20% of runoff of water. 11 (E) Filtration. The craft grower commits that HVAC 12 condensate, dehumidification water, excess runoff, and 13 other wastewater produced by the craft grower facility 14 shall be captured and filtered to the best of the 15 facility's ability to achieve the quality needed to be 16 reused in subsequent watering rounds. 17 (F) Reporting energy use and efficiency as 18 required by rule; and 19 (22) any other information required by rule. 20 (b) Applicants must submit all required information, 21 including the information required in Section 30-15, to the 22 Department of Agriculture. Failure by an applicant to submit 23 all required information may result in the application being 24 disqualified. 25 (c) If the Department of Agriculture receives an 26 application with missing information, the Department of HB3916 - 39 - LRB103 27158 CPF 53527 b HB3916- 40 -LRB103 27158 CPF 53527 b HB3916 - 40 - LRB103 27158 CPF 53527 b HB3916 - 40 - LRB103 27158 CPF 53527 b 1 Agriculture may issue a deficiency notice to the applicant. 2 The applicant shall have 10 calendar days from the date of the 3 deficiency notice to resubmit the incomplete information. 4 Applications that are still incomplete after this opportunity 5 to cure will not be scored and will be disqualified. 6 (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 7 102-538, eff. 8-20-21.) HB3916 - 40 - LRB103 27158 CPF 53527 b