Illinois 2023-2024 Regular Session

Illinois House Bill HB3916 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 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
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3916 Introduced 2/17/2023, by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED:
3	3	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
4	4	410 ILCS 705/1-10
5	5	410 ILCS 705/20-15
6	6	410 ILCS 705/20-30
7	7	410 ILCS 705/30-10
8	8	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.
9	9	LRB103 27158 CPF 53527 b LRB103 27158 CPF 53527 b
10	10	LRB103 27158 CPF 53527 b
11	11	A BILL FOR
12	12	HB3916LRB103 27158 CPF 53527 b HB3916 LRB103 27158 CPF 53527 b
13	13	HB3916 LRB103 27158 CPF 53527 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, 20-15, 20-30, and 30-10 as follows:
19	19	6 (410 ILCS 705/1-10)
20	20	7 Sec. 1-10. Definitions. In this Act:
21	21	8 "Adult Use Cultivation Center License" means a license
22	22	9 issued by the Department of Agriculture that permits a person
23	23	10 to act as a cultivation center under this Act and any
24	24	11 administrative rule made in furtherance of this Act.
25	25	12 "Adult Use Dispensing Organization License" means a
26	26	13 license issued by the Department of Financial and Professional
27	27	14 Regulation that permits a person to act as a dispensing
28	28	15 organization under this Act and any administrative rule made
29	29	16 in furtherance of this Act.
30	30	17 "Advertise" means to engage in promotional activities
31	31	18 including, but not limited to: newspaper, radio, Internet and
32	32	19 electronic media, and television advertising; the distribution
33	33	20 of fliers and circulars; billboard advertising; and the
34	34	21 display of window and interior signs. "Advertise" does not
35	35	22 mean exterior signage displaying only the name of the licensed
36	36	23 cannabis business establishment.
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40	40	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3916 Introduced 2/17/2023, by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED:
41	41	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
42	42	410 ILCS 705/1-10
43	43	410 ILCS 705/20-15
44	44	410 ILCS 705/20-30
45	45	410 ILCS 705/30-10
46	46	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.
47	47	LRB103 27158 CPF 53527 b LRB103 27158 CPF 53527 b
48	48	LRB103 27158 CPF 53527 b
49	49	A BILL FOR
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55	55	410 ILCS 705/1-10
56	56	410 ILCS 705/20-15
57	57	410 ILCS 705/20-30
58	58	410 ILCS 705/30-10
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77	77	1 "Application points" means the number of points a
78	78	2 Dispensary Applicant receives on an application for a
79	79	3 Conditional Adult Use Dispensing Organization License.
80	80	4 "BLS Region" means a region in Illinois used by the United
81	81	5 States Bureau of Labor Statistics to gather and categorize
82	82	6 certain employment and wage data. The 17 such regions in
83	83	7 Illinois are: Bloomington, Cape Girardeau, Carbondale-Marion,
84	84	8 Champaign-Urbana, Chicago-Naperville-Elgin, Danville,
85	85	9 Davenport-Moline-Rock Island, Decatur, Kankakee, Peoria,
86	86	10 Rockford, St. Louis, Springfield, Northwest Illinois
87	87	11 nonmetropolitan area, West Central Illinois nonmetropolitan
88	88	12 area, East Central Illinois nonmetropolitan area, and South
89	89	13 Illinois nonmetropolitan area.
90	90	14 "By lot" means a randomized method of choosing between 2
91	91	15 or more Eligible Tied Applicants or 2 or more Qualifying
92	92	16 Applicants.
93	93	17 "Cannabis" means marijuana, hashish, and other substances
94	94	18 that are identified as including any parts of the plant
95	95	19 Cannabis sativa and including derivatives or subspecies, such
96	96	20 as indica, of all strains of cannabis, whether growing or not;
97	97	21 the seeds thereof, the resin extracted from any part of the
98	98	22 plant; and any compound, manufacture, salt, derivative,
99	99	23 mixture, or preparation of the plant, its seeds, or resin,
100	100	24 including tetrahydrocannabinol (THC) and all other naturally
101	101	25 produced cannabinol derivatives, whether produced directly or
102	102	26 indirectly by extraction; however, "cannabis" does not include
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113	113	1 the mature stalks of the plant, fiber produced from the
114	114	2 stalks, oil or cake made from the seeds of the plant, any other
115	115	3 compound, manufacture, salt, derivative, mixture, or
116	116	4 preparation of the mature stalks (except the resin extracted
117	117	5 from it), fiber, oil or cake, or the sterilized seed of the
118	118	6 plant that is incapable of germination. "Cannabis" does not
119	119	7 include industrial hemp as defined and authorized under the
120	120	8 Industrial Hemp Act. "Cannabis" also means cannabis flower,
121	121	9 concentrate, and cannabis-infused products.
122	122	10 "Cannabis business establishment" means a cultivation
123	123	11 center, craft grower, processing organization, infuser
124	124	12 organization, dispensing organization, or transporting
125	125	13 organization.
126	126	14 "Cannabis concentrate" means a product derived from
127	127	15 cannabis that is produced by extracting cannabinoids,
128	128	16 including tetrahydrocannabinol (THC), from the plant through
129	129	17 the use of propylene glycol, glycerin, butter, olive oil, or
130	130	18 other typical cooking fats; water, ice, or dry ice; or butane,
131	131	19 propane, CO2, ethanol, or isopropanol and with the intended
132	132	20 use of smoking or making a cannabis-infused product. The use
133	133	21 of any other solvent is expressly prohibited unless and until
134	134	22 it is approved by the Department of Agriculture.
135	135	23 "Cannabis container" means a sealed or resealable,
136	136	24 traceable, container, or package used for the purpose of
137	137	25 containment of cannabis or cannabis-infused product during
138	138	26 transportation.
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149	149	1 "Cannabis flower" means marijuana, hashish, and other
150	150	2 substances that are identified as including any parts of the
151	151	3 plant Cannabis sativa and including derivatives or subspecies,
152	152	4 such as indica, of all strains of cannabis; including raw
153	153	5 kief, leaves, and buds, but not resin that has been extracted
154	154	6 from any part of such plant; nor any compound, manufacture,
155	155	7 salt, derivative, mixture, or preparation of such plant, its
156	156	8 seeds, or resin.
157	157	9 "Cannabis-infused product" means a beverage, food, oil,
158	158	10 ointment, tincture, topical formulation, or another product
159	159	11 containing cannabis or cannabis concentrate that is not
160	160	12 intended to be smoked.
161	161	13 "Cannabis paraphernalia" means equipment, products, or
162	162	14 materials intended to be used for planting, propagating,
163	163	15 cultivating, growing, harvesting, manufacturing, producing,
164	164	16 processing, preparing, testing, analyzing, packaging,
165	165	17 repackaging, storing, containing, concealing, ingesting, or
166	166	18 otherwise introducing cannabis into the human body.
167	167	19 "Cannabis plant monitoring system" or "plant monitoring
168	168	20 system" means a system that includes, but is not limited to,
169	169	21 testing and data collection established and maintained by the
170	170	22 cultivation center, craft grower, or processing organization
171	171	23 and that is available to the Department of Revenue, the
172	172	24 Department of Agriculture, the Department of Financial and
173	173	25 Professional Regulation, and the Illinois State Police for the
174	174	26 purposes of documenting each cannabis plant and monitoring
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185	185	1 plant development throughout the life cycle of a cannabis
186	186	2 plant cultivated for the intended use by a customer from seed
187	187	3 planting to final packaging.
188	188	4 "Cannabis testing facility" means an entity registered by
189	189	5 the Department of Agriculture to test cannabis for potency and
190	190	6 contaminants.
191	191	7 "Clone" means a plant section from a female cannabis plant
192	192	8 not yet rootbound, growing in a water solution or other
193	193	9 propagation matrix, that is capable of developing into a new
194	194	10 plant.
195	195	11 "Community College Cannabis Vocational Training Pilot
196	196	12 Program faculty participant" means a person who is 21 years of
197	197	13 age or older, licensed by the Department of Agriculture, and
198	198	14 is employed or contracted by an Illinois community college to
199	199	15 provide student instruction using cannabis plants at an
200	200	16 Illinois Community College.
201	201	17 "Community College Cannabis Vocational Training Pilot
202	202	18 Program faculty participant Agent Identification Card" means a
203	203	19 document issued by the Department of Agriculture that
204	204	20 identifies a person as a Community College Cannabis Vocational
205	205	21 Training Pilot Program faculty participant.
206	206	22 "Conditional Adult Use Dispensing Organization License"
207	207	23 means a contingent license awarded to applicants for an Adult
208	208	24 Use Dispensing Organization License that reserves the right to
209	209	25 an Adult Use Dispensing Organization License if the applicant
210	210	26 meets certain conditions described in this Act, but does not
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221	221	1 entitle the recipient to begin purchasing or selling cannabis
222	222	2 or cannabis-infused products.
223	223	3 "Conditional Adult Use Cultivation Center License" means a
224	224	4 license awarded to top-scoring applicants for an Adult Use
225	225	5 Cultivation Center License that reserves the right to an Adult
226	226	6 Use Cultivation Center License if the applicant meets certain
227	227	7 conditions as determined by the Department of Agriculture by
228	228	8 rule, but does not entitle the recipient to begin growing,
229	229	9 processing, or selling cannabis or cannabis-infused products.
230	230	10 "Craft grower" means a facility operated by an
231	231	11 organization or business that is licensed by the Department of
232	232	12 Agriculture to cultivate, dry, cure, and package cannabis and
233	233	13 perform other necessary activities to make cannabis available
234	234	14 for sale at a dispensing organization or use at a processing
235	235	15 organization. A craft grower may contain up to 5,000 square
236	236	16 feet of canopy space on its premises for plants in the
237	237	17 flowering state. The Department of Agriculture may authorize
238	238	18 an increase or decrease of flowering stage cultivation space
239	239	19 in increments of 3,000 square feet by rule based on market
240	240	20 need, craft grower capacity, and the licensee's history of
241	241	21 compliance or noncompliance, with a maximum space of 14,000
242	242	22 square feet for cultivating plants in the flowering stage,
243	243	23 which must be cultivated in all stages of growth in an enclosed
244	244	24 and secure area. A craft grower may share premises with a
245	245	25 processing organization or a dispensing organization, or both,
246	246	26 provided each licensee stores currency and cannabis or
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257	257	1 cannabis-infused products in a separate secured vault to which
258	258	2 the other licensee does not have access or all licensees
259	259	3 sharing a vault share more than 50% of the same ownership.
260	260	4 "Craft grower agent" means a principal officer, board
261	261	5 member, employee, or other agent of a craft grower who is 21
262	262	6 years of age or older.
263	263	7 "Craft Grower Agent Identification Card" means a document
264	264	8 issued by the Department of Agriculture that identifies a
265	265	9 person as a craft grower agent.
266	266	10 "Cultivation center" means a facility operated by an
267	267	11 organization or business that is licensed by the Department of
268	268	12 Agriculture to cultivate, process, transport (unless otherwise
269	269	13 limited by this Act), and perform other necessary activities
270	270	14 to provide cannabis and cannabis-infused products to cannabis
271	271	15 business establishments.
272	272	16 "Cultivation center agent" means a principal officer,
273	273	17 board member, employee, or other agent of a cultivation center
274	274	18 who is 21 years of age or older.
275	275	19 "Cultivation Center Agent Identification Card" means a
276	276	20 document issued by the Department of Agriculture that
277	277	21 identifies a person as a cultivation center agent.
278	278	22 "Currency" means currency and coin of the United States.
279	279	23 "Dispensary" means a facility operated by a dispensing
280	280	24 organization at which activities licensed by this Act may
281	281	25 occur.
282	282	26 "Dispensary Applicant" means the Proposed Dispensing
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293	293	1 Organization Name as stated on an application for a
294	294	2 Conditional Adult Use Dispensing Organization License.
295	295	3 "Dispensing organization" means a facility operated by an
296	296	4 organization or business that is licensed by the Department of
297	297	5 Financial and Professional Regulation to acquire cannabis from
298	298	6 a cultivation center, craft grower, processing organization,
299	299	7 or another dispensary for the purpose of selling or dispensing
300	300	8 cannabis, cannabis-infused products, cannabis seeds,
301	301	9 paraphernalia, or related supplies under this Act to
302	302	10 purchasers or to qualified registered medical cannabis
303	303	11 patients and caregivers. As used in this Act, "dispensing
304	304	12 organization" includes a registered medical cannabis
305	305	13 organization as defined in the Compassionate Use of Medical
306	306	14 Cannabis Program Act or its successor Act that has obtained an
307	307	15 Early Approval Adult Use Dispensing Organization License.
308	308	16 "Dispensing organization agent" means a principal officer,
309	309	17 employee, or agent of a dispensing organization who is 21
310	310	18 years of age or older.
311	311	19 "Dispensing organization agent identification card" means
312	312	20 a document issued by the Department of Financial and
313	313	21 Professional Regulation that identifies a person as a
314	314	22 dispensing organization agent.
315	315	23 "Disproportionately Impacted Area" means a census tract or
316	316	24 comparable geographic area that satisfies the following
317	317	25 criteria as determined by the Department of Commerce and
318	318	26 Economic Opportunity, that:
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329	329	1 (1) meets at least one of the following criteria:
330	330	2 (A) the area has a poverty rate of at least 20%
331	331	3 according to the latest federal decennial census; or
332	332	4 (B) 75% or more of the children in the area
333	333	5 participate in the federal free lunch program
334	334	6 according to reported statistics from the State Board
335	335	7 of Education; or
336	336	8 (C) at least 20% of the households in the area
337	337	9 receive assistance under the Supplemental Nutrition
338	338	10 Assistance Program; or
339	339	11 (D) the area has an average unemployment rate, as
340	340	12 determined by the Illinois Department of Employment
341	341	13 Security, that is more than 120% of the national
342	342	14 unemployment average, as determined by the United
343	343	15 States Department of Labor, for a period of at least 2
344	344	16 consecutive calendar years preceding the date of the
345	345	17 application; and
346	346	18 (2) has high rates of arrest, conviction, and
347	347	19 incarceration related to the sale, possession, use,
348	348	20 cultivation, manufacture, or transport of cannabis.
349	349	21 "Early Approval Adult Use Cultivation Center License"
350	350	22 means a license that permits a medical cannabis cultivation
351	351	23 center licensed under the Compassionate Use of Medical
352	352	24 Cannabis Program Act as of the effective date of this Act to
353	353	25 begin cultivating, infusing, packaging, transporting (unless
354	354	26 otherwise provided in this Act), processing, and selling
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365	365	1 cannabis or cannabis-infused product to cannabis business
366	366	2 establishments for resale to purchasers as permitted by this
367	367	3 Act as of January 1, 2020.
368	368	4 "Early Approval Adult Use Dispensing Organization License"
369	369	5 means a license that permits a medical cannabis dispensing
370	370	6 organization licensed under the Compassionate Use of Medical
371	371	7 Cannabis Program Act as of the effective date of this Act to
372	372	8 begin selling cannabis or cannabis-infused product to
373	373	9 purchasers as permitted by this Act as of January 1, 2020.
374	374	10 "Early Approval Adult Use Dispensing Organization at a
375	375	11 secondary site" means a license that permits a medical
376	376	12 cannabis dispensing organization licensed under the
377	377	13 Compassionate Use of Medical Cannabis Program Act as of the
378	378	14 effective date of this Act to begin selling cannabis or
379	379	15 cannabis-infused product to purchasers as permitted by this
380	380	16 Act on January 1, 2020 at a different dispensary location from
381	381	17 its existing registered medical dispensary location.
382	382	18 "Eligible Tied Applicant" means a Tied Applicant that is
383	383	19 eligible to participate in the process by which a remaining
384	384	20 available license is distributed by lot pursuant to a Tied
385	385	21 Applicant Lottery.
386	386	22 "Enclosed, locked facility" means a room, greenhouse,
387	387	23 building, outdoor canopy space, or other enclosed area
388	388	24 equipped with locks or other security devices that permit
389	389	25 access only by cannabis business establishment agents working
390	390	26 for the licensed cannabis business establishment or acting
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401	401	1 pursuant to this Act to cultivate, process, store, or
402	402	2 distribute cannabis.
403	403	3 "Enclosed, locked space" means a closet, room, greenhouse,
404	404	4 building, or other enclosed area equipped with locks or other
405	405	5 security devices that permit access only by authorized
406	406	6 individuals under this Act. "Enclosed, locked space" may
407	407	7 include:
408	408	8 (1) a space within a residential building that (i) is
409	409	9 the primary residence of the individual cultivating 5 or
410	410	10 fewer cannabis plants that are more than 5 inches tall and
411	411	11 (ii) includes sleeping quarters and indoor plumbing. The
412	412	12 space must only be accessible by a key or code that is
413	413	13 different from any key or code that can be used to access
414	414	14 the residential building from the exterior; or
415	415	15 (2) a structure, such as a shed or greenhouse, that
416	416	16 lies on the same plot of land as a residential building
417	417	17 that (i) includes sleeping quarters and indoor plumbing
418	418	18 and (ii) is used as a primary residence by the person
419	419	19 cultivating 5 or fewer cannabis plants that are more than
420	420	20 5 inches tall, such as a shed or greenhouse. The structure
421	421	21 must remain locked when it is unoccupied by people.
422	422	22 "Financial institution" has the same meaning as "financial
423	423	23 organization" as defined in Section 1501 of the Illinois
424	424	24 Income Tax Act, and also includes the holding companies,
425	425	25 subsidiaries, and affiliates of such financial organizations.
426	426	26 "Flowering stage" means the stage of cultivation where and
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437	437	1 when a cannabis plant is cultivated to produce plant material
438	438	2 for cannabis products. This includes mature plants as follows:
439	439	3 (1) if greater than 2 stigmas are visible at each
440	440	4 internode of the plant; or
441	441	5 (2) if the cannabis plant is in an area that has been
442	442	6 intentionally deprived of light for a period of time
443	443	7 intended to produce flower buds and induce maturation,
444	444	8 from the moment the light deprivation began through the
445	445	9 remainder of the marijuana plant growth cycle.
446	446	10 "Individual" means a natural person.
447	447	11 "Infuser organization" or "infuser" means a facility
448	448	12 operated by an organization or business that is licensed by
449	449	13 the Department of Agriculture to directly incorporate cannabis
450	450	14 or cannabis concentrate into a product formulation to produce
451	451	15 a cannabis-infused product.
452	452	16 "Kief" means the resinous crystal-like trichomes that are
453	453	17 found on cannabis and that are accumulated, resulting in a
454	454	18 higher concentration of cannabinoids, untreated by heat or
455	455	19 pressure, or extracted using a solvent.
456	456	20 "Labor peace agreement" means an agreement between a
457	457	21 cannabis business establishment and any labor organization
458	458	22 recognized under the National Labor Relations Act, referred to
459	459	23 in this Act as a bona fide labor organization, that prohibits
460	460	24 labor organizations and members from engaging in picketing,
461	461	25 work stoppages, boycotts, and any other economic interference
462	462	26 with the cannabis business establishment. This agreement means
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473	473	1 that the cannabis business establishment has agreed not to
474	474	2 disrupt efforts by the bona fide labor organization to
475	475	3 communicate with, and attempt to organize and represent, the
476	476	4 cannabis business establishment's employees. The agreement
477	477	5 shall provide a bona fide labor organization access at
478	478	6 reasonable times to areas in which the cannabis business
479	479	7 establishment's employees work, for the purpose of meeting
480	480	8 with employees to discuss their right to representation,
481	481	9 employment rights under State law, and terms and conditions of
482	482	10 employment. This type of agreement shall not mandate a
483	483	11 particular method of election or certification of the bona
484	484	12 fide labor organization.
485	485	13 "Limited access area" means a room or other area under the
486	486	14 control of a cannabis dispensing organization licensed under
487	487	15 this Act and upon the licensed premises where cannabis sales
488	488	16 occur with access limited to purchasers, dispensing
489	489	17 organization owners and other dispensing organization agents,
490	490	18 or service professionals conducting business with the
491	491	19 dispensing organization, or, if sales to registered qualifying
492	492	20 patients, caregivers, provisional patients, and Opioid
493	493	21 Alternative Pilot Program participants licensed pursuant to
494	494	22 the Compassionate Use of Medical Cannabis Program Act are also
495	495	23 permitted at the dispensary, registered qualifying patients,
496	496	24 caregivers, provisional patients, and Opioid Alternative Pilot
497	497	25 Program participants.
498	498	26 "Member of an impacted family" means an individual who has
499	499
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509	509	1 a parent, legal guardian, child, spouse, or dependent, or was
510	510	2 a dependent of an individual who, prior to the effective date
511	511	3 of this Act, was arrested for, convicted of, or adjudicated
512	512	4 delinquent for any offense that is eligible for expungement
513	513	5 under this Act.
514	514	6 "Mother plant" means a cannabis plant that is cultivated
515	515	7 or maintained for the purpose of generating clones, and that
516	516	8 will not be used to produce plant material for sale to an
517	517	9 infuser or dispensing organization.
518	518	10 "Ordinary public view" means within the sight line with
519	519	11 normal visual range of a person, unassisted by visual aids,
520	520	12 from a public street or sidewalk adjacent to real property, or
521	521	13 from within an adjacent property.
522	522	14 "Ownership and control" means ownership of at least 51% of
523	523	15 the business, including corporate stock if a corporation, and
524	524	16 control over the management and day-to-day operations of the
525	525	17 business and an interest in the capital, assets, and profits
526	526	18 and losses of the business proportionate to percentage of
527	527	19 ownership.
528	528	20 "Person" means a natural individual, firm, partnership,
529	529	21 association, joint stock company, joint venture, public or
530	530	22 private corporation, limited liability company, or a receiver,
531	531	23 executor, trustee, guardian, or other representative appointed
532	532	24 by order of any court.
533	533	25 "Possession limit" means the amount of cannabis under
534	534	26 Section 10-10 that may be possessed at any one time by a person
535	535
536	536
537	537
538	538
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545	545	1 21 years of age or older or who is a registered qualifying
546	546	2 medical cannabis patient or caregiver under the Compassionate
547	547	3 Use of Medical Cannabis Program Act.
548	548	4 "Principal officer" includes a cannabis business
549	549	5 establishment applicant or licensed cannabis business
550	550	6 establishment's board member, owner with more than 1% interest
551	551	7 of the total cannabis business establishment or more than 5%
552	552	8 interest of the total cannabis business establishment of a
553	553	9 publicly traded company, president, vice president, secretary,
554	554	10 treasurer, partner, officer, member, manager member, or person
555	555	11 with a profit sharing, financial interest, or revenue sharing
556	556	12 arrangement. The definition includes a person with authority
557	557	13 to control the cannabis business establishment, a person who
558	558	14 assumes responsibility for the debts of the cannabis business
559	559	15 establishment and who is further defined in this Act.
560	560	16 "Primary residence" means a dwelling where a person
561	561	17 usually stays or stays more often than other locations. It may
562	562	18 be determined by, without limitation, presence, tax filings;
563	563	19 address on an Illinois driver's license, an Illinois
564	564	20 Identification Card, or an Illinois Person with a Disability
565	565	21 Identification Card; or voter registration. No person may have
566	566	22 more than one primary residence.
567	567	23 "Processing organization" or "processor" means a facility
568	568	24 operated by an organization or business that is licensed by
569	569	25 the Department of Agriculture to either extract constituent
570	570	26 chemicals or compounds to produce cannabis concentrate or
571	571
572	572
573	573
574	574
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581	581	1 incorporate cannabis or cannabis concentrate into a product
582	582	2 formulation to produce a cannabis product.
583	583	3 "Processing organization agent" means a principal officer,
584	584	4 board member, employee, or agent of a processing organization.
585	585	5 "Processing organization agent identification card" means
586	586	6 a document issued by the Department of Agriculture that
587	587	7 identifies a person as a processing organization agent.
588	588	8 "Purchaser" means a person 21 years of age or older who
589	589	9 acquires cannabis for a valuable consideration. "Purchaser"
590	590	10 does not include a cardholder under the Compassionate Use of
591	591	11 Medical Cannabis Program Act.
592	592	12 "Qualifying Applicant" means an applicant that submitted
593	593	13 an application pursuant to Section 15-30 that received at
594	594	14 least 85% of 250 application points available under Section
595	595	15 15-30 as the applicant's final score and meets the definition
596	596	16 of "Social Equity Applicant" as set forth under this Section.
597	597	17 "Qualifying Social Equity Justice Involved Applicant"
598	598	18 means an applicant that submitted an application pursuant to
599	599	19 Section 15-30 that received at least 85% of 250 application
600	600	20 points available under Section 15-30 as the applicant's final
601	601	21 score and meets the criteria of either paragraph (1) or (2) of
602	602	22 the definition of "Social Equity Applicant" as set forth under
603	603	23 this Section.
604	604	24 "Qualified Social Equity Applicant" means a Social Equity
605	605	25 Applicant who has been awarded a conditional license under
606	606	26 this Act to operate a cannabis business establishment.
607	607
608	608
609	609
610	610
611	611
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617	617	1 "Resided" means an individual's primary residence was
618	618	2 located within the relevant geographic area as established by
619	619	3 2 of the following:
620	620	4 (1) a signed lease agreement that includes the
621	621	5 applicant's name;
622	622	6 (2) a property deed that includes the applicant's
623	623	7 name;
624	624	8 (3) school records;
625	625	9 (4) a voter registration card;
626	626	10 (5) an Illinois driver's license, an Illinois
627	627	11 Identification Card, or an Illinois Person with a
628	628	12 Disability Identification Card;
629	629	13 (6) a paycheck stub;
630	630	14 (7) a utility bill;
631	631	15 (8) tax records; or
632	632	16 (9) any other proof of residency or other information
633	633	17 necessary to establish residence as provided by rule.
634	634	18 "Smoking" means the inhalation of smoke caused by the
635	635	19 combustion of cannabis.
636	636	20 "Social Equity Applicant" means an applicant that is an
637	637	21 Illinois resident that meets one of the following criteria:
638	638	22 (1) an applicant with at least 51% ownership and
639	639	23 control by one or more individuals who have resided for at
640	640	24 least 5 of the preceding 10 years in a Disproportionately
641	641	25 Impacted Area;
642	642	26 (2) an applicant with at least 51% ownership and
643	643
644	644
645	645
646	646
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649	649
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653	653	1 control by one or more individuals who:
654	654	2 (i) have been arrested for, convicted of, or
655	655	3 adjudicated delinquent for any offense that is
656	656	4 eligible for expungement under this Act; or
657	657	5 (ii) is a member of an impacted family;
658	658	6 (3) for applicants with a minimum of 10 full-time
659	659	7 employees, an applicant with at least 51% of current
660	660	8 employees who:
661	661	9 (i) currently reside in a Disproportionately
662	662	10 Impacted Area; or
663	663	11 (ii) have been arrested for, convicted of, or
664	664	12 adjudicated delinquent for any offense that is
665	665	13 eligible for expungement under this Act or member of
666	666	14 an impacted family.
667	667	15 Nothing in this Act shall be construed to preempt or limit
668	668	16 the duties of any employer under the Job Opportunities for
669	669	17 Qualified Applicants Act. Nothing in this Act shall permit an
670	670	18 employer to require an employee to disclose sealed or expunged
671	671	19 offenses, unless otherwise required by law.
672	672	20 "Tied Applicant" means an application submitted by a
673	673	21 Dispensary Applicant pursuant to Section 15-30 that received
674	674	22 the same number of application points under Section 15-30 as
675	675	23 the Dispensary Applicant's final score as one or more
676	676	24 top-scoring applications in the same BLS Region and would have
677	677	25 been awarded a license but for the one or more other
678	678	26 top-scoring applications that received the same number of
679	679
680	680
681	681
682	682
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689	689	1 application points. Each application for which a Dispensary
690	690	2 Applicant was required to pay a required application fee for
691	691	3 the application period ending January 2, 2020 shall be
692	692	4 considered an application of a separate Tied Applicant.
693	693	5 "Tied Applicant Lottery" means the process established
694	694	6 under 68 Ill. Adm. Code 1291.50 for awarding Conditional Adult
695	695	7 Use Dispensing Organization Licenses pursuant to Sections
696	696	8 15-25 and 15-30 among Eligible Tied Applicants.
697	697	9 "Tincture" means a cannabis-infused solution, typically
698	698	10 comprised of alcohol, glycerin, or vegetable oils, derived
699	699	11 either directly from the cannabis plant or from a processed
700	700	12 cannabis extract. A tincture is not an alcoholic liquor as
701	701	13 defined in the Liquor Control Act of 1934. A tincture shall
702	702	14 include a calibrated dropper or other similar device capable
703	703	15 of accurately measuring servings.
704	704	16 "Transporting organization" or "transporter" means an
705	705	17 organization or business that is licensed by the Department of
706	706	18 Agriculture to transport cannabis or cannabis-infused product
707	707	19 on behalf of a cannabis business establishment or a community
708	708	20 college licensed under the Community College Cannabis
709	709	21 Vocational Training Pilot Program.
710	710	22 "Transporting organization agent" means a principal
711	711	23 officer, board member, employee, or agent of a transporting
712	712	24 organization.
713	713	25 "Transporting organization agent identification card"
714	714	26 means a document issued by the Department of Agriculture that
715	715
716	716
717	717
718	718
719	719
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721	721
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725	725	1 identifies a person as a transporting organization agent.
726	726	2 "Unit of local government" means any county, city,
727	727	3 village, or incorporated town.
728	728	4 "Vegetative stage" means the stage of cultivation in which
729	729	5 a cannabis plant is propagated to produce additional cannabis
730	730	6 plants or reach a sufficient size for production. This
731	731	7 includes seedlings, clones, mothers, and other immature
732	732	8 cannabis plants as follows:
733	733	9 (1) if the cannabis plant is in an area that has not
734	734	10 been intentionally deprived of light for a period of time
735	735	11 intended to produce flower buds and induce maturation, it
736	736	12 has no more than 2 stigmas visible at each internode of the
737	737	13 cannabis plant; or
738	738	14 (2) any cannabis plant that is cultivated solely for
739	739	15 the purpose of propagating clones and is never used to
740	740	16 produce cannabis.
741	741	17 (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
742	742	18 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff.
743	743	19 5-13-22.)
744	744	20 (410 ILCS 705/20-15)
745	745	21 Sec. 20-15. Conditional Adult Use Cultivation Center
746	746	22 application.
747	747	23 (a) If the Department of Agriculture makes available
748	748	24 additional cultivation center licenses pursuant to Section
749	749	25 20-5, applicants for a Conditional Adult Use Cultivation
750	750
751	751
752	752
753	753
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760	760	1 Center License shall electronically submit the following in
761	761	2 such form as the Department of Agriculture may direct:
762	762	3 (1) the nonrefundable application fee set by rule by
763	763	4 the Department of Agriculture, to be deposited into the
764	764	5 Cannabis Regulation Fund;
765	765	6 (2) the legal name of the cultivation center;
766	766	7 (3) the proposed physical address of the cultivation
767	767	8 center;
768	768	9 (4) the name, address, social security number, and
769	769	10 date of birth of each principal officer and board member
770	770	11 of the cultivation center; each principal officer and
771	771	12 board member shall be at least 21 years of age;
772	772	13 (5) the details of any administrative or judicial
773	773	14 proceeding in which any of the principal officers or board
774	774	15 members of the cultivation center (i) pled guilty, were
775	775	16 convicted, were fined, or had a registration or license
776	776	17 suspended or revoked, or (ii) managed or served on the
777	777	18 board of a business or non-profit organization that pled
778	778	19 guilty, was convicted, was fined, or had a registration or
779	779	20 license suspended or revoked;
780	780	21 (6) proposed operating bylaws that include procedures
781	781	22 for the oversight of the cultivation center, including the
782	782	23 development and implementation of a plant monitoring
783	783	24 system, accurate recordkeeping, staffing plan, and
784	784	25 security plan approved by the Illinois State Police that
785	785	26 are in accordance with the rules issued by the Department
786	786
787	787
788	788
789	789
790	790
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792	792
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796	796	1 of Agriculture under this Act. A physical inventory shall
797	797	2 be performed of all plants and cannabis on a weekly basis
798	798	3 by the cultivation center;
799	799	4 (7) verification from the Illinois State Police that
800	800	5 all background checks of the prospective principal
801	801	6 officers, board members, and agents of the cannabis
802	802	7 business establishment have been conducted;
803	803	8 (8) a copy of the current local zoning ordinance or
804	804	9 permit and verification that the proposed cultivation
805	805	10 center is in compliance with the local zoning rules and
806	806	11 distance limitations established by the local
807	807	12 jurisdiction;
808	808	13 (9) proposed employment practices, in which the
809	809	14 applicant must demonstrate a plan of action to inform,
810	810	15 hire, and educate minorities, women, veterans, and persons
811	811	16 with disabilities, engage in fair labor practices, and
812	812	17 provide worker protections;
813	813	18 (10) whether an applicant can demonstrate experience
814	814	19 in or business practices that promote economic empowerment
815	815	20 in Disproportionately Impacted Areas;
816	816	21 (11) experience with the cultivation of agricultural
817	817	22 or horticultural products, operating an agriculturally
818	818	23 related business, or operating a horticultural business;
819	819	24 (12) a description of the enclosed, locked facility
820	820	25 where cannabis will be grown, harvested, manufactured,
821	821	26 processed, packaged, or otherwise prepared for
822	822
823	823
824	824
825	825
826	826
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828	828
829	829
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832	832	1 distribution to a dispensing organization;
833	833	2 (13) a survey of the enclosed, locked facility,
834	834	3 including a survey of the space used for cultivation and
835	835	4 any outdoor canopy space;
836	836	5 (14) cultivation, processing, inventory, and packaging
837	837	6 plans;
838	838	7 (15) a description of the applicant's experience with
839	839	8 agricultural cultivation techniques and industry
840	840	9 standards;
841	841	10 (16) a list of any academic degrees, certifications,
842	842	11 or relevant experience of all prospective principal
843	843	12 officers, board members, and agents of the related
844	844	13 business;
845	845	14 (17) the identity of every person having a financial
846	846	15 or voting interest of 5% or greater in the cultivation
847	847	16 center operation with respect to which the license is
848	848	17 sought, whether a trust, corporation, partnership, limited
849	849	18 liability company, or sole proprietorship, including the
850	850	19 name and address of each person;
851	851	20 (18) a plan describing how the cultivation center will
852	852	21 address each of the following:
853	853	22 (i) energy needs, including estimates of monthly
854	854	23 electricity and gas usage, to what extent it will
855	855	24 procure energy from a local utility or from on-site
856	856	25 generation, and if it has or will adopt a sustainable
857	857	26 energy use and energy conservation policy;
858	858
859	859
860	860
861	861
862	862
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864	864
865	865
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868	868	1 (ii) water needs, including estimated water draw
869	869	2 and if it has or will adopt a sustainable water use and
870	870	3 water conservation policy; and
871	871	4 (iii) waste management, including if it has or
872	872	5 will adopt a waste reduction policy;
873	873	6 (19) a diversity plan that includes a narrative of not
874	874	7 more than 2,500 words that establishes a goal of diversity
875	875	8 in ownership, management, employment, and contracting to
876	876	9 ensure that diverse participants and groups are afforded
877	877	10 equality of opportunity;
878	878	11 (20) any other information required by rule;
879	879	12 (21) a recycling plan:
880	880	13 (A) Purchaser packaging, including cartridges,
881	881	14 shall be accepted by the applicant and recycled.
882	882	15 (B) Any recyclable waste generated by the cannabis
883	883	16 cultivation facility shall be recycled per applicable
884	884	17 State and local laws, ordinances, and rules.
885	885	18 (C) Any cannabis waste, liquid waste, or hazardous
886	886	19 waste shall be disposed of in accordance with 8 Ill.
887	887	20 Adm. Code 1000.460, except, to the greatest extent
888	888	21 feasible, all cannabis plant waste will be rendered
889	889	22 unusable by grinding and incorporating the cannabis
890	890	23 plant waste with compostable mixed waste to be
891	891	24 disposed of in accordance with 8 Ill. Adm. Code
892	892	25 1000.460(g)(1);
893	893	26 (22) commitment to comply with local waste provisions:
894	894
895	895
896	896
897	897
898	898
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900	900
901	901
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904	904	1 a cultivation facility must remain in compliance with
905	905	2 applicable State and federal environmental requirements,
906	906	3 including, but not limited to:
907	907	4 (A) storing, securing, and managing all
908	908	5 recyclables and waste, including organic waste
909	909	6 composed of or containing finished cannabis and
910	910	7 cannabis products, in accordance with applicable State
911	911	8 and local laws, ordinances, and rules; and
912	912	9 (B) disposing liquid waste containing cannabis or
913	913	10 byproducts of cannabis processing in compliance with
914	914	11 all applicable State and federal requirements,
915	915	12 including, but not limited to, the cannabis
916	916	13 cultivation facility's permits under Title X of the
917	917	14 Environmental Protection Act; and
918	918	15 (23) a commitment to a technology standard for
919	919	16 resource efficiency of the cultivation center facility.
920	920	17 (A) A cannabis cultivation facility commits to use
921	921	18 resources efficiently, including energy and water. For
922	922	19 the following, a cannabis cultivation facility commits
923	923	20 to meet or exceed the technology standard identified
924	924	21 in items (i), (ii), (iii), and (iv), which may be
925	925	22 modified by rule:
926	926	23 (i) lighting systems, including light bulbs;
927	927	24 (ii) HVAC system;
928	928	25 (iii) water application system to the crop;
929	929	26 and
930	930
931	931
932	932
933	933
934	934
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936	936
937	937
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940	940	1 (iv) filtration system for removing
941	941	2 contaminants from wastewater.
942	942	3 (B) Lighting. The Lighting Power Densities (LPD)
943	943	4 for cultivation space commits to not exceed an average
944	944	5 of 36 watts per gross square foot of active and growing
945	945	6 space canopy, or all installed lighting technology
946	946	7 shall meet a photosynthetic photon efficacy (PPE) of
947	947	8 no less than 2.2 micromoles per joule fixture and
948	948	9 shall be featured on the DesignLights Consortium (DLC)
949	949	10 Horticultural Specification Qualified Products List
950	950	11 (QPL). In the event that DLC requirement for minimum
951	951	12 efficacy exceeds 2.2 micromoles per joule fixture,
952	952	13 that PPE shall become the new standard.
953	953	14 (C) HVAC.
954	954	15 (i) For cannabis grow operations with less
955	955	16 than 6,000 square feet of canopy, the licensee
956	956	17 commits that all HVAC units will be
957	957	18 high-efficiency ductless split HVAC units, or
958	958	19 other more energy efficient equipment.
959	959	20 (ii) For cannabis grow operations with 6,000
960	960	21 square feet of canopy or more, the licensee
961	961	22 commits that all HVAC units will be variable
962	962	23 refrigerant flow HVAC units, or other more energy
963	963	24 efficient equipment.
964	964	25 (D) Water application.
965	965	26 (i) The cannabis cultivation facility commits
966	966
967	967
968	968
969	969
970	970
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972	972
973	973
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976	976	1 to use automated watering systems, including, but
977	977	2 not limited to, drip irrigation and flood tables,
978	978	3 to irrigate cannabis crop.
979	979	4 (ii) The cannabis cultivation facility commits
980	980	5 to measure runoff from watering events and report
981	981	6 this volume in its water usage plan, and that on
982	982	7 average, watering events shall have no more than
983	983	8 20% of runoff of water.
984	984	9 (E) Filtration. The cultivator commits that HVAC
985	985	10 condensate, dehumidification water, excess runoff, and
986	986	11 other wastewater produced by the cannabis cultivation
987	987	12 facility shall be captured and filtered to the best of
988	988	13 the facility's ability to achieve the quality needed
989	989	14 to be reused in subsequent watering rounds.
990	990	15 (F) Reporting energy use and efficiency as
991	991	16 required by rule.
992	992	17 (b) Applicants must submit all required information,
993	993	18 including the information required in Section 20-10, to the
994	994	19 Department of Agriculture. Failure by an applicant to submit
995	995	20 all required information may result in the application being
996	996	21 disqualified.
997	997	22 (c) If the Department of Agriculture receives an
998	998	23 application with missing information, the Department of
999	999	24 Agriculture may issue a deficiency notice to the applicant.
1000	1000	25 The applicant shall have 10 calendar days from the date of the
1001	1001	26 deficiency notice to resubmit the incomplete information.
1002	1002
1003	1003
1004	1004
1005	1005
1006	1006
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1008	1008
1009	1009
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1011	1011	HB3916 - 28 - LRB103 27158 CPF 53527 b
1012	1012	1 Applications that are still incomplete after this opportunity
1013	1013	2 to cure will not be scored and will be disqualified.
1014	1014	3 (e) A cultivation center that is awarded a Conditional
1015	1015	4 Adult Use Cultivation Center License pursuant to the criteria
1016	1016	5 in Section 20-20 shall not grow, purchase, possess, or sell
1017	1017	6 cannabis or cannabis-infused products until the person has
1018	1018	7 received an Adult Use Cultivation Center License issued by the
1019	1019	8 Department of Agriculture pursuant to Section 20-21 of this
1020	1020	9 Act.
1021	1021	10 (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
1022	1022	11 102-538, eff. 8-20-21.)
1023	1023	12 (410 ILCS 705/20-30)
1024	1024	13 Sec. 20-30. Cultivation center requirements; prohibitions.
1025	1025	14 (a) The operating documents of a cultivation center shall
1026	1026	15 include procedures for the oversight of the cultivation
1027	1027	16 center, a cannabis plant monitoring system including a
1028	1028	17 physical inventory recorded weekly, accurate recordkeeping,
1029	1029	18 and a staffing plan.
1030	1030	19 (b) A cultivation center shall implement a security plan
1031	1031	20 reviewed by the Illinois State Police that includes, but is
1032	1032	21 not limited to: facility access controls, perimeter intrusion
1033	1033	22 detection systems, personnel identification systems, 24-hour
1034	1034	23 surveillance system to monitor the interior and exterior of
1035	1035	24 the cultivation center facility and accessibility to
1036	1036	25 authorized law enforcement, the Department of Public Health
1037	1037
1038	1038
1039	1039
1040	1040
1041	1041
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1043	1043
1044	1044
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1046	1046	HB3916 - 29 - LRB103 27158 CPF 53527 b
1047	1047	1 where processing takes place, and the Department of
1048	1048	2 Agriculture in real time.
1049	1049	3 (c) All cultivation of cannabis by a cultivation center
1050	1050	4 must take place in an enclosed, locked facility or outdoor
1051	1051	5 canopy space which, in either case, shall be located at the
1052	1052	6 physical address provided to the Department of Agriculture
1053	1053	7 during the licensing process. The cultivation center location
1054	1054	8 shall only be accessed by the agents working for the
1055	1055	9 cultivation center, the Department of Agriculture staff
1056	1056	10 performing inspections, the Department of Public Health staff
1057	1057	11 performing inspections, local and State law enforcement or
1058	1058	12 other emergency personnel, contractors working on jobs
1059	1059	13 unrelated to cannabis, such as installing or maintaining
1060	1060	14 security devices or performing electrical wiring, transporting
1061	1061	15 organization agents as provided in this Act, individuals in a
1062	1062	16 mentoring or educational program approved by the State, or
1063	1063	17 other individuals as provided by rule.
1064	1064	18 (d) A cultivation center may not sell or distribute any
1065	1065	19 cannabis or cannabis-infused products to any person other than
1066	1066	20 a dispensing organization, craft grower, infuser organization,
1067	1067	21 transporter, or as otherwise authorized by rule.
1068	1068	22 (e) A cultivation center may not either directly or
1069	1069	23 indirectly discriminate in price between different dispensing
1070	1070	24 organizations, craft growers, or infuser organizations that
1071	1071	25 are purchasing a like grade, strain, brand, and quality of
1072	1072	26 cannabis or cannabis-infused product. Nothing in this
1073	1073
1074	1074
1075	1075
1076	1076
1077	1077
1078	1078	HB3916 - 29 - LRB103 27158 CPF 53527 b
1079	1079
1080	1080
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1082	1082	HB3916 - 30 - LRB103 27158 CPF 53527 b
1083	1083	1 subsection (e) prevents a cultivation center from pricing
1084	1084	2 cannabis differently based on differences in the cost of
1085	1085	3 manufacturing or processing, the quantities sold, such as
1086	1086	4 volume discounts, or the way the products are delivered.
1087	1087	5 (f) All cannabis harvested by a cultivation center and
1088	1088	6 intended for distribution to a dispensing organization must be
1089	1089	7 entered into a data collection system, packaged and labeled
1090	1090	8 under Section 55-21, and placed into a cannabis container for
1091	1091	9 transport. All cannabis harvested by a cultivation center and
1092	1092	10 intended for distribution to a craft grower or infuser
1093	1093	11 organization must be packaged in a labeled cannabis container
1094	1094	12 and entered into a data collection system before transport.
1095	1095	13 (g) Cultivation centers are subject to random inspections
1096	1096	14 by the Department of Agriculture, the Department of Public
1097	1097	15 Health, local safety or health inspectors, the Illinois State
1098	1098	16 Police, or as provided by rule.
1099	1099	17 (h) A cultivation center agent shall notify local law
1100	1100	18 enforcement, the Illinois State Police, and the Department of
1101	1101	19 Agriculture within 24 hours of the discovery of any loss or
1102	1102	20 theft. Notification shall be made by phone or in person, or by
1103	1103	21 written or electronic communication.
1104	1104	22 (i) A cultivation center shall comply with all State and
1105	1105	23 any applicable federal rules and regulations regarding the use
1106	1106	24 of pesticides on cannabis plants.
1107	1107	25 (j) No person or entity shall hold any legal, equitable,
1108	1108	26 ownership, or beneficial interest, directly or indirectly, of
1109	1109
1110	1110
1111	1111
1112	1112
1113	1113
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1115	1115
1116	1116
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1118	1118	HB3916 - 31 - LRB103 27158 CPF 53527 b
1119	1119	1 more than 3 cultivation centers licensed under this Article.
1120	1120	2 Further, no person or entity that is employed by, an agent of,
1121	1121	3 has a contract to receive payment in any form from a
1122	1122	4 cultivation center, is a principal officer of a cultivation
1123	1123	5 center, or entity controlled by or affiliated with a principal
1124	1124	6 officer of a cultivation shall hold any legal, equitable,
1125	1125	7 ownership, or beneficial interest, directly or indirectly, in
1126	1126	8 a cultivation that would result in the person or entity owning
1127	1127	9 or controlling in combination with any cultivation center,
1128	1128	10 principal officer of a cultivation center, or entity
1129	1129	11 controlled or affiliated with a principal officer of a
1130	1130	12 cultivation center by which he, she, or it is employed, is an
1131	1131	13 agent of, or participates in the management of, more than 3
1132	1132	14 cultivation center licenses.
1133	1133	15 (k) A cultivation center may not contain more than 210,000
1134	1134	16 square feet of canopy space for plants in the flowering stage
1135	1135	17 for cultivation of adult use cannabis as provided in this Act.
1136	1136	18 (l) A cultivation center may process cannabis, cannabis
1137	1137	19 concentrates, and cannabis-infused products.
1138	1138	20 (m) Beginning July 1, 2020, a cultivation center shall not
1139	1139	21 transport cannabis or cannabis-infused products to a craft
1140	1140	22 grower, dispensing organization, infuser organization, or
1141	1141	23 laboratory licensed under this Act, unless it has obtained a
1142	1142	24 transporting organization license.
1143	1143	25 (n) It is unlawful for any person having a cultivation
1144	1144	26 center license or any officer, associate, member,
1145	1145
1146	1146
1147	1147
1148	1148
1149	1149
1150	1150	HB3916 - 31 - LRB103 27158 CPF 53527 b
1151	1151
1152	1152
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1154	1154	HB3916 - 32 - LRB103 27158 CPF 53527 b
1155	1155	1 representative, or agent of such licensee to offer or deliver
1156	1156	2 money, or anything else of value, directly or indirectly to
1157	1157	3 any person having an Early Approval Adult Use Dispensing
1158	1158	4 Organization License, a Conditional Adult Use Dispensing
1159	1159	5 Organization License, an Adult Use Dispensing Organization
1160	1160	6 License, or a medical cannabis dispensing organization license
1161	1161	7 issued under the Compassionate Use of Medical Cannabis Program
1162	1162	8 Act, or to any person connected with or in any way
1163	1163	9 representing, or to any member of the family of, such person
1164	1164	10 holding an Early Approval Adult Use Dispensing Organization
1165	1165	11 License, a Conditional Adult Use Dispensing Organization
1166	1166	12 License, an Adult Use Dispensing Organization License, or a
1167	1167	13 medical cannabis dispensing organization license issued under
1168	1168	14 the Compassionate Use of Medical Cannabis Program Act, or to
1169	1169	15 any stockholders in any corporation engaged in the retail sale
1170	1170	16 of cannabis, or to any officer, manager, agent, or
1171	1171	17 representative of the Early Approval Adult Use Dispensing
1172	1172	18 Organization License, a Conditional Adult Use Dispensing
1173	1173	19 Organization License, an Adult Use Dispensing Organization
1174	1174	20 License, or a medical cannabis dispensing organization license
1175	1175	21 issued under the Compassionate Use of Medical Cannabis Program
1176	1176	22 Act to obtain preferential placement within the dispensing
1177	1177	23 organization, including, without limitation, on shelves and in
1178	1178	24 display cases where purchasers can view products, or on the
1179	1179	25 dispensing organization's website.
1180	1180	26 (o) A cultivation center must comply with any other
1181	1181
1182	1182
1183	1183
1184	1184
1185	1185
1186	1186	HB3916 - 32 - LRB103 27158 CPF 53527 b
1187	1187
1188	1188
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1190	1190	HB3916 - 33 - LRB103 27158 CPF 53527 b
1191	1191	1 requirements or prohibitions set by administrative rule of the
1192	1192	2 Department of Agriculture.
1193	1193	3 (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
1194	1194	4 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff.
1195	1195	5 5-13-22.)
1196	1196	6 (410 ILCS 705/30-10)
1197	1197	7 Sec. 30-10. Application.
1198	1198	8 (a) When applying for a license, the applicant shall
1199	1199	9 electronically submit the following in such form as the
1200	1200	10 Department of Agriculture may direct:
1201	1201	11 (1) the nonrefundable application fee of $5,000 to be
1202	1202	12 deposited into the Cannabis Regulation Fund, or another
1203	1203	13 amount as the Department of Agriculture may set by rule
1204	1204	14 after January 1, 2021;
1205	1205	15 (2) the legal name of the craft grower;
1206	1206	16 (3) the proposed physical address of the craft grower;
1207	1207	17 (4) the name, address, social security number, and
1208	1208	18 date of birth of each principal officer and board member
1209	1209	19 of the craft grower; each principal officer and board
1210	1210	20 member shall be at least 21 years of age;
1211	1211	21 (5) the details of any administrative or judicial
1212	1212	22 proceeding in which any of the principal officers or board
1213	1213	23 members of the craft grower (i) pled guilty, were
1214	1214	24 convicted, were fined, or had a registration or license
1215	1215	25 suspended or revoked or (ii) managed or served on the
1216	1216
1217	1217
1218	1218
1219	1219
1220	1220
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1222	1222
1223	1223
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1225	1225	HB3916 - 34 - LRB103 27158 CPF 53527 b
1226	1226	1 board of a business or non-profit organization that pled
1227	1227	2 guilty, was convicted, was fined, or had a registration or
1228	1228	3 license suspended or revoked;
1229	1229	4 (6) proposed operating bylaws that include procedures
1230	1230	5 for the oversight of the craft grower, including the
1231	1231	6 development and implementation of a plant monitoring
1232	1232	7 system, accurate recordkeeping, staffing plan, and
1233	1233	8 security plan approved by the Illinois State Police that
1234	1234	9 are in accordance with the rules issued by the Department
1235	1235	10 of Agriculture under this Act; a physical inventory shall
1236	1236	11 be performed of all plants and on a weekly basis by the
1237	1237	12 craft grower;
1238	1238	13 (7) verification from the Illinois State Police that
1239	1239	14 all background checks of the prospective principal
1240	1240	15 officers, board members, and agents of the cannabis
1241	1241	16 business establishment have been conducted;
1242	1242	17 (8) a copy of the current local zoning ordinance or
1243	1243	18 permit and verification that the proposed craft grower is
1244	1244	19 in compliance with the local zoning rules and distance
1245	1245	20 limitations established by the local jurisdiction;
1246	1246	21 (9) proposed employment practices, in which the
1247	1247	22 applicant must demonstrate a plan of action to inform,
1248	1248	23 hire, and educate minorities, women, veterans, and persons
1249	1249	24 with disabilities, engage in fair labor practices, and
1250	1250	25 provide worker protections;
1251	1251	26 (10) whether an applicant can demonstrate experience
1252	1252
1253	1253
1254	1254
1255	1255
1256	1256
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1258	1258
1259	1259
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1262	1262	1 in or business practices that promote economic empowerment
1263	1263	2 in Disproportionately Impacted Areas;
1264	1264	3 (11) experience with the cultivation of agricultural
1265	1265	4 or horticultural products, operating an agriculturally
1266	1266	5 related business, or operating a horticultural business;
1267	1267	6 (12) a description of the enclosed, locked facility
1268	1268	7 where cannabis will be grown, harvested, manufactured,
1269	1269	8 packaged, or otherwise prepared for distribution to a
1270	1270	9 dispensing organization or other cannabis business
1271	1271	10 establishment;
1272	1272	11 (13) a survey of the enclosed, locked facility,
1273	1273	12 including a survey of the space used for cultivation and
1274	1274	13 any outdoor canopy space;
1275	1275	14 (14) cultivation, processing, inventory, and packaging
1276	1276	15 plans;
1277	1277	16 (15) a description of the applicant's experience with
1278	1278	17 agricultural cultivation techniques and industry
1279	1279	18 standards;
1280	1280	19 (16) a list of any academic degrees, certifications,
1281	1281	20 or relevant experience of all prospective principal
1282	1282	21 officers, board members, and agents of the related
1283	1283	22 business;
1284	1284	23 (17) the identity of every person having a financial
1285	1285	24 or voting interest of 5% or greater in the craft grower
1286	1286	25 operation, whether a trust, corporation, partnership,
1287	1287	26 limited liability company, or sole proprietorship,
1288	1288
1289	1289
1290	1290
1291	1291
1292	1292
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1294	1294
1295	1295
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1298	1298	1 including the name and address of each person;
1299	1299	2 (18) a plan describing how the craft grower will
1300	1300	3 address each of the following:
1301	1301	4 (i) energy needs, including estimates of monthly
1302	1302	5 electricity and gas usage, to what extent it will
1303	1303	6 procure energy from a local utility or from on-site
1304	1304	7 generation, and if it has or will adopt a sustainable
1305	1305	8 energy use and energy conservation policy;
1306	1306	9 (ii) water needs, including estimated water draw
1307	1307	10 and if it has or will adopt a sustainable water use and
1308	1308	11 water conservation policy; and
1309	1309	12 (iii) waste management, including if it has or
1310	1310	13 will adopt a waste reduction policy;
1311	1311	14 (19) a recycling plan:
1312	1312	15 (A) Purchaser packaging, including cartridges,
1313	1313	16 shall be accepted by the applicant and recycled.
1314	1314	17 (B) Any recyclable waste generated by the craft
1315	1315	18 grower facility shall be recycled per applicable State
1316	1316	19 and local laws, ordinances, and rules.
1317	1317	20 (C) Any cannabis waste, liquid waste, or hazardous
1318	1318	21 waste shall be disposed of in accordance with 8 Ill.
1319	1319	22 Adm. Code 1000.460, except, to the greatest extent
1320	1320	23 feasible, all cannabis plant waste will be rendered
1321	1321	24 unusable by grinding and incorporating the cannabis
1322	1322	25 plant waste with compostable mixed waste to be
1323	1323	26 disposed of in accordance with 8 Ill. Adm. Code
1324	1324
1325	1325
1326	1326
1327	1327
1328	1328
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1330	1330
1331	1331
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1334	1334	1 1000.460(g)(1);
1335	1335	2 (20) a commitment to comply with local waste
1336	1336	3 provisions: a craft grower facility must remain in
1337	1337	4 compliance with applicable State and federal environmental
1338	1338	5 requirements, including, but not limited to:
1339	1339	6 (A) storing, securing, and managing all
1340	1340	7 recyclables and waste, including organic waste
1341	1341	8 composed of or containing finished cannabis and
1342	1342	9 cannabis products, in accordance with applicable State
1343	1343	10 and local laws, ordinances, and rules; and
1344	1344	11 (B) disposing liquid waste containing cannabis or
1345	1345	12 byproducts of cannabis processing in compliance with
1346	1346	13 all applicable State and federal requirements,
1347	1347	14 including, but not limited to, the cannabis
1348	1348	15 cultivation facility's permits under Title X of the
1349	1349	16 Environmental Protection Act;
1350	1350	17 (21) a commitment to a technology standard for
1351	1351	18 resource efficiency of the craft grower facility.
1352	1352	19 (A) A craft grower facility commits to use
1353	1353	20 resources efficiently, including energy and water. For
1354	1354	21 the following, a cannabis cultivation facility commits
1355	1355	22 to meet or exceed the technology standard identified
1356	1356	23 in paragraphs (i), (ii), (iii), and (iv), which may be
1357	1357	24 modified by rule:
1358	1358	25 (i) lighting systems, including light bulbs;
1359	1359	26 (ii) HVAC system;
1360	1360
1361	1361
1362	1362
1363	1363
1364	1364
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1366	1366
1367	1367
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1370	1370	1 (iii) water application system to the crop;
1371	1371	2 and
1372	1372	3 (iv) filtration system for removing
1373	1373	4 contaminants from wastewater.
1374	1374	5 (B) Lighting. The Lighting Power Densities (LPD)
1375	1375	6 for cultivation space commits to not exceed an average
1376	1376	7 of 36 watts per gross square foot of active and growing
1377	1377	8 space canopy, or all installed lighting technology
1378	1378	9 shall meet a photosynthetic photon efficacy (PPE) of
1379	1379	10 no less than 2.2 micromoles per joule fixture and
1380	1380	11 shall be featured on the DesignLights Consortium (DLC)
1381	1381	12 Horticultural Specification Qualified Products List
1382	1382	13 (QPL). In the event that DLC requirement for minimum
1383	1383	14 efficacy exceeds 2.2 micromoles per joule fixture,
1384	1384	15 that PPE shall become the new standard.
1385	1385	16 (C) HVAC.
1386	1386	17 (i) For cannabis grow operations with less
1387	1387	18 than 6,000 square feet of canopy, the licensee
1388	1388	19 commits that all HVAC units will be
1389	1389	20 high-efficiency ductless split HVAC units, or
1390	1390	21 other more energy efficient equipment.
1391	1391	22 (ii) For cannabis grow operations with 6,000
1392	1392	23 square feet of canopy or more, the licensee
1393	1393	24 commits that all HVAC units will be variable
1394	1394	25 refrigerant flow HVAC units, or other more energy
1395	1395	26 efficient equipment.
1396	1396
1397	1397
1398	1398
1399	1399
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1402	1402
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1406	1406	1 (D) Water application.
1407	1407	2 (i) The craft grower facility commits to use
1408	1408	3 automated watering systems, including, but not
1409	1409	4 limited to, drip irrigation and flood tables, to
1410	1410	5 irrigate cannabis crop.
1411	1411	6 (ii) The craft grower facility commits to
1412	1412	7 measure runoff from watering events and report
1413	1413	8 this volume in its water usage plan, and that on
1414	1414	9 average, watering events shall have no more than
1415	1415	10 20% of runoff of water.
1416	1416	11 (E) Filtration. The craft grower commits that HVAC
1417	1417	12 condensate, dehumidification water, excess runoff, and
1418	1418	13 other wastewater produced by the craft grower facility
1419	1419	14 shall be captured and filtered to the best of the
1420	1420	15 facility's ability to achieve the quality needed to be
1421	1421	16 reused in subsequent watering rounds.
1422	1422	17 (F) Reporting energy use and efficiency as
1423	1423	18 required by rule; and
1424	1424	19 (22) any other information required by rule.
1425	1425	20 (b) Applicants must submit all required information,
1426	1426	21 including the information required in Section 30-15, to the
1427	1427	22 Department of Agriculture. Failure by an applicant to submit
1428	1428	23 all required information may result in the application being
1429	1429	24 disqualified.
1430	1430	25 (c) If the Department of Agriculture receives an
1431	1431	26 application with missing information, the Department of
1432	1432
1433	1433
1434	1434
1435	1435
1436	1436
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1438	1438
1439	1439
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1442	1442	1 Agriculture may issue a deficiency notice to the applicant.
1443	1443	2 The applicant shall have 10 calendar days from the date of the
1444	1444	3 deficiency notice to resubmit the incomplete information.
1445	1445	4 Applications that are still incomplete after this opportunity
1446	1446	5 to cure will not be scored and will be disqualified.
1447	1447	6 (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
1448	1448	7 102-538, eff. 8-20-21.)
1449	1449
1450	1450
1451	1451
1452	1452
1453	1453
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