Illinois 2023-2024 Regular Session

Illinois House Bill HB4211 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 HB4211 Introduced , by Rep. Robert "Bob" Rita SYNOPSIS AS INTRODUCED: 5 ILCS 100/5-45.55 new410 ILCS 705/1-10410 ILCS 705/5-10410 ILCS 705/20-30410 ILCS 705/30-30410 ILCS 705/35-25410 ILCS 705/40-5410 ILCS 705/40-25410 ILCS 705/40-50 new Amends the Cannabis Regulation and Tax Act. Provides for the licensure of consolidated transport centers. Specifies requirements for consolidated transport centers, including operating documents, security plans, facility requirements, plant monitoring, prohibitions on ownership, and prohibitions on offering things of value to certain persons and licensees. Provides that cannabis business entities shall adhere to the traceability and consumer protection guidelines established by the Department of Agriculture when utilizing the cannabis plant monitoring system or cannabis transport GPS tracking system. Provides that entities awarded a transporting license may defer paying the associated license fee for a period of no more than 3 years. Provides that from January 1, 2024 through January 1, 2026, the Department shall not issue any transporting licenses other than those issued before the effective date of the amendatory Act. Provides that all products received and shipped to and from a consolidated transport center shall be tracked within the cannabis plant monitoring system. Provides that a craft grower or infuser may enter into a contract with a transporting organization to transport cannabis to a consolidated transport center or a different transporting organization at the consolidated transport center. Provides that no person, cannabis business establishment, or entity other than a licensed transportation organization shall transport cannabis or cannabis-infused products on behalf of a cannabis business establishment to or from a consolidated transport center, unless otherwise authorized by rule. Makes other changes. Authorizes emergency rulemaking. Makes a conforming change in the Illinois Administrative Procedure Act. Effective immediately. LRB103 35162 RLC 65132 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4211 Introduced , by Rep. Robert "Bob" Rita SYNOPSIS AS INTRODUCED: 5 ILCS 100/5-45.55 new410 ILCS 705/1-10410 ILCS 705/5-10410 ILCS 705/20-30410 ILCS 705/30-30410 ILCS 705/35-25410 ILCS 705/40-5410 ILCS 705/40-25410 ILCS 705/40-50 new 5 ILCS 100/5-45.55 new 410 ILCS 705/1-10 410 ILCS 705/5-10 410 ILCS 705/20-30 410 ILCS 705/30-30 410 ILCS 705/35-25 410 ILCS 705/40-5 410 ILCS 705/40-25 410 ILCS 705/40-50 new Amends the Cannabis Regulation and Tax Act. Provides for the licensure of consolidated transport centers. Specifies requirements for consolidated transport centers, including operating documents, security plans, facility requirements, plant monitoring, prohibitions on ownership, and prohibitions on offering things of value to certain persons and licensees. Provides that cannabis business entities shall adhere to the traceability and consumer protection guidelines established by the Department of Agriculture when utilizing the cannabis plant monitoring system or cannabis transport GPS tracking system. Provides that entities awarded a transporting license may defer paying the associated license fee for a period of no more than 3 years. Provides that from January 1, 2024 through January 1, 2026, the Department shall not issue any transporting licenses other than those issued before the effective date of the amendatory Act. Provides that all products received and shipped to and from a consolidated transport center shall be tracked within the cannabis plant monitoring system. Provides that a craft grower or infuser may enter into a contract with a transporting organization to transport cannabis to a consolidated transport center or a different transporting organization at the consolidated transport center. Provides that no person, cannabis business establishment, or entity other than a licensed transportation organization shall transport cannabis or cannabis-infused products on behalf of a cannabis business establishment to or from a consolidated transport center, unless otherwise authorized by rule. Makes other changes. Authorizes emergency rulemaking. Makes a conforming change in the Illinois Administrative Procedure Act. Effective immediately. LRB103 35162 RLC 65132 b LRB103 35162 RLC 65132 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4211 Introduced , by Rep. Robert "Bob" Rita SYNOPSIS AS INTRODUCED:
3	3	5 ILCS 100/5-45.55 new410 ILCS 705/1-10410 ILCS 705/5-10410 ILCS 705/20-30410 ILCS 705/30-30410 ILCS 705/35-25410 ILCS 705/40-5410 ILCS 705/40-25410 ILCS 705/40-50 new 5 ILCS 100/5-45.55 new 410 ILCS 705/1-10 410 ILCS 705/5-10 410 ILCS 705/20-30 410 ILCS 705/30-30 410 ILCS 705/35-25 410 ILCS 705/40-5 410 ILCS 705/40-25 410 ILCS 705/40-50 new
4	4	5 ILCS 100/5-45.55 new
5	5	410 ILCS 705/1-10
6	6	410 ILCS 705/5-10
7	7	410 ILCS 705/20-30
8	8	410 ILCS 705/30-30
9	9	410 ILCS 705/35-25
10	10	410 ILCS 705/40-5
11	11	410 ILCS 705/40-25
12	12	410 ILCS 705/40-50 new
13	13	Amends the Cannabis Regulation and Tax Act. Provides for the licensure of consolidated transport centers. Specifies requirements for consolidated transport centers, including operating documents, security plans, facility requirements, plant monitoring, prohibitions on ownership, and prohibitions on offering things of value to certain persons and licensees. Provides that cannabis business entities shall adhere to the traceability and consumer protection guidelines established by the Department of Agriculture when utilizing the cannabis plant monitoring system or cannabis transport GPS tracking system. Provides that entities awarded a transporting license may defer paying the associated license fee for a period of no more than 3 years. Provides that from January 1, 2024 through January 1, 2026, the Department shall not issue any transporting licenses other than those issued before the effective date of the amendatory Act. Provides that all products received and shipped to and from a consolidated transport center shall be tracked within the cannabis plant monitoring system. Provides that a craft grower or infuser may enter into a contract with a transporting organization to transport cannabis to a consolidated transport center or a different transporting organization at the consolidated transport center. Provides that no person, cannabis business establishment, or entity other than a licensed transportation organization shall transport cannabis or cannabis-infused products on behalf of a cannabis business establishment to or from a consolidated transport center, unless otherwise authorized by rule. Makes other changes. Authorizes emergency rulemaking. Makes a conforming change in the Illinois Administrative Procedure Act. Effective immediately.
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16	16	A BILL FOR
17	17	HB4211LRB103 35162 RLC 65132 b HB4211 LRB103 35162 RLC 65132 b
18	18	HB4211 LRB103 35162 RLC 65132 b
19	19	1 AN ACT concerning health.
20	20	2 Be it enacted by the People of the State of Illinois,
21	21	3 represented in the General Assembly:
22	22	4 Section 5. The Illinois Administrative Procedure Act is
23	23	5 amended by adding Section 5-45.55 as follows:
24	24	6 (5 ILCS 100/5-45.55 new)
25	25	7 Sec. 5-45.55. Emergency rulemaking; this amendatory Act of
26	26	8 the 103rd General Assembly. To provide for the expeditious and
27	27	9 timely implementation of this amendatory Act of the 103rd
28	28	10 General Assembly, emergency rules implementing this amendatory
29	29	11 Act of the 103rd General Assembly may be adopted in accordance
30	30	12 with Section 5-45 by the Department of Agriculture. The
31	31	13 adoption of emergency rules authorized by Section 5-45 and
32	32	14 this Section is deemed to be necessary for the public
33	33	15 interest, safety, and welfare.
34	34	16 This Section is repealed one year after the effective date
35	35	17 of this amendatory Act of the 103rd General Assembly.
36	36	18 Section 10. The Cannabis Regulation and Tax Act is amended
37	37	19 by changing Sections 1-10, 5-10, 20-30, 30-30, 35-25, 40-5,
38	38	20 and 40-25 and by adding Section 40-50 as follows:
39	39	21 (410 ILCS 705/1-10)
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43	43	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4211 Introduced , by Rep. Robert "Bob" Rita SYNOPSIS AS INTRODUCED:
44	44	5 ILCS 100/5-45.55 new410 ILCS 705/1-10410 ILCS 705/5-10410 ILCS 705/20-30410 ILCS 705/30-30410 ILCS 705/35-25410 ILCS 705/40-5410 ILCS 705/40-25410 ILCS 705/40-50 new 5 ILCS 100/5-45.55 new 410 ILCS 705/1-10 410 ILCS 705/5-10 410 ILCS 705/20-30 410 ILCS 705/30-30 410 ILCS 705/35-25 410 ILCS 705/40-5 410 ILCS 705/40-25 410 ILCS 705/40-50 new
45	45	5 ILCS 100/5-45.55 new
46	46	410 ILCS 705/1-10
47	47	410 ILCS 705/5-10
48	48	410 ILCS 705/20-30
49	49	410 ILCS 705/30-30
50	50	410 ILCS 705/35-25
51	51	410 ILCS 705/40-5
52	52	410 ILCS 705/40-25
53	53	410 ILCS 705/40-50 new
54	54	Amends the Cannabis Regulation and Tax Act. Provides for the licensure of consolidated transport centers. Specifies requirements for consolidated transport centers, including operating documents, security plans, facility requirements, plant monitoring, prohibitions on ownership, and prohibitions on offering things of value to certain persons and licensees. Provides that cannabis business entities shall adhere to the traceability and consumer protection guidelines established by the Department of Agriculture when utilizing the cannabis plant monitoring system or cannabis transport GPS tracking system. Provides that entities awarded a transporting license may defer paying the associated license fee for a period of no more than 3 years. Provides that from January 1, 2024 through January 1, 2026, the Department shall not issue any transporting licenses other than those issued before the effective date of the amendatory Act. Provides that all products received and shipped to and from a consolidated transport center shall be tracked within the cannabis plant monitoring system. Provides that a craft grower or infuser may enter into a contract with a transporting organization to transport cannabis to a consolidated transport center or a different transporting organization at the consolidated transport center. Provides that no person, cannabis business establishment, or entity other than a licensed transportation organization shall transport cannabis or cannabis-infused products on behalf of a cannabis business establishment to or from a consolidated transport center, unless otherwise authorized by rule. Makes other changes. Authorizes emergency rulemaking. Makes a conforming change in the Illinois Administrative Procedure Act. Effective immediately.
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57	57	A BILL FOR
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63	63	5 ILCS 100/5-45.55 new
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65	65	410 ILCS 705/5-10
66	66	410 ILCS 705/20-30
67	67	410 ILCS 705/30-30
68	68	410 ILCS 705/35-25
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90	90	1 Sec. 1-10. Definitions. In this Act:
91	91	2 "Adult Use Cultivation Center License" means a license
92	92	3 issued by the Department of Agriculture that permits a person
93	93	4 to act as a cultivation center under this Act and any
94	94	5 administrative rule made in furtherance of this Act.
95	95	6 "Adult Use Dispensing Organization License" means a
96	96	7 license issued by the Department of Financial and Professional
97	97	8 Regulation that permits a person to act as a dispensing
98	98	9 organization under this Act and any administrative rule made
99	99	10 in furtherance of this Act.
100	100	11 "Advertise" means to engage in promotional activities
101	101	12 including, but not limited to: newspaper, radio, Internet and
102	102	13 electronic media, and television advertising; the distribution
103	103	14 of fliers and circulars; billboard advertising; and the
104	104	15 display of window and interior signs. "Advertise" does not
105	105	16 mean exterior signage displaying only the name of the licensed
106	106	17 cannabis business establishment.
107	107	18 "Application points" means the number of points a
108	108	19 Dispensary Applicant receives on an application for a
109	109	20 Conditional Adult Use Dispensing Organization License.
110	110	21 "BLS Region" means a region in Illinois used by the United
111	111	22 States Bureau of Labor Statistics to gather and categorize
112	112	23 certain employment and wage data. The 17 such regions in
113	113	24 Illinois are: Bloomington, Cape Girardeau, Carbondale-Marion,
114	114	25 Champaign-Urbana, Chicago-Naperville-Elgin, Danville,
115	115	26 Davenport-Moline-Rock Island, Decatur, Kankakee, Peoria,
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126	126	1 Rockford, St. Louis, Springfield, Northwest Illinois
127	127	2 nonmetropolitan area, West Central Illinois nonmetropolitan
128	128	3 area, East Central Illinois nonmetropolitan area, and South
129	129	4 Illinois nonmetropolitan area.
130	130	5 "By lot" means a randomized method of choosing between 2
131	131	6 or more Eligible Tied Applicants or 2 or more Qualifying
132	132	7 Applicants.
133	133	8 "Cannabis" means marijuana, hashish, and other substances
134	134	9 that are identified as including any parts of the plant
135	135	10 Cannabis sativa and including derivatives or subspecies, such
136	136	11 as indica, of all strains of cannabis, whether growing or not;
137	137	12 the seeds thereof, the resin extracted from any part of the
138	138	13 plant; and any compound, manufacture, salt, derivative,
139	139	14 mixture, or preparation of the plant, its seeds, or resin,
140	140	15 including tetrahydrocannabinol (THC) and all other naturally
141	141	16 produced cannabinol derivatives, whether produced directly or
142	142	17 indirectly by extraction; however, "cannabis" does not include
143	143	18 the mature stalks of the plant, fiber produced from the
144	144	19 stalks, oil or cake made from the seeds of the plant, any other
145	145	20 compound, manufacture, salt, derivative, mixture, or
146	146	21 preparation of the mature stalks (except the resin extracted
147	147	22 from it), fiber, oil or cake, or the sterilized seed of the
148	148	23 plant that is incapable of germination. "Cannabis" does not
149	149	24 include industrial hemp as defined and authorized under the
150	150	25 Industrial Hemp Act. "Cannabis" also means cannabis flower,
151	151	26 concentrate, and cannabis-infused products.
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162	162	1 "Cannabis business establishment" means a cultivation
163	163	2 center, craft grower, processing organization, infuser
164	164	3 organization, dispensing organization, or transporting
165	165	4 organization.
166	166	5 "Cannabis concentrate" means a product derived from
167	167	6 cannabis that is produced by extracting cannabinoids,
168	168	7 including tetrahydrocannabinol (THC), from the plant through
169	169	8 the use of propylene glycol, glycerin, butter, olive oil, or
170	170	9 other typical cooking fats; water, ice, or dry ice; or butane,
171	171	10 propane, CO2, ethanol, or isopropanol and with the intended
172	172	11 use of smoking or making a cannabis-infused product. The use
173	173	12 of any other solvent is expressly prohibited unless and until
174	174	13 it is approved by the Department of Agriculture.
175	175	14 "Cannabis container" means a sealed or resealable,
176	176	15 traceable, container, or package used for the purpose of
177	177	16 containment of cannabis or cannabis-infused product during
178	178	17 transportation.
179	179	18 "Cannabis flower" means marijuana, hashish, and other
180	180	19 substances that are identified as including any parts of the
181	181	20 plant Cannabis sativa and including derivatives or subspecies,
182	182	21 such as indica, of all strains of cannabis; including raw
183	183	22 kief, leaves, and buds, but not resin that has been extracted
184	184	23 from any part of such plant; nor any compound, manufacture,
185	185	24 salt, derivative, mixture, or preparation of such plant, its
186	186	25 seeds, or resin.
187	187	26 "Cannabis-infused product" means a beverage, food, oil,
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198	198	1 ointment, tincture, topical formulation, or another product
199	199	2 containing cannabis or cannabis concentrate that is not
200	200	3 intended to be smoked.
201	201	4 "Cannabis paraphernalia" means equipment, products, or
202	202	5 materials intended to be used for planting, propagating,
203	203	6 cultivating, growing, harvesting, manufacturing, producing,
204	204	7 processing, preparing, testing, analyzing, packaging,
205	205	8 repackaging, storing, containing, concealing, ingesting, or
206	206	9 otherwise introducing cannabis into the human body.
207	207	10 "Cannabis plant monitoring system" or "plant monitoring
208	208	11 system" means a system that includes, but is not limited to,
209	209	12 testing and data collection established and maintained by the
210	210	13 cultivation center, craft grower, or processing organization
211	211	14 and that is available to the Department of Revenue, the
212	212	15 Department of Agriculture, the Department of Financial and
213	213	16 Professional Regulation, and the Illinois State Police for the
214	214	17 purposes of documenting each cannabis plant and monitoring
215	215	18 plant development throughout the life cycle of a cannabis
216	216	19 plant cultivated for the intended use by a customer from seed
217	217	20 planting to final packaging.
218	218	21 "Cannabis testing facility" means an entity registered by
219	219	22 the Department of Agriculture to test cannabis for potency and
220	220	23 contaminants.
221	221	24 "Cannabis transport GPS tracking system" means a system
222	222	25 that includes, but is not limited to, real-time tracking,
223	223	26 tracing, and recording of global positioning system data for
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234	234	1 licensed transporter vehicles registered with the Department
235	235	2 of Agriculture to transport cannabis and cannabis-infused
236	236	3 products.
237	237	4 "Clone" means a plant section from a female cannabis plant
238	238	5 not yet rootbound, growing in a water solution or other
239	239	6 propagation matrix, that is capable of developing into a new
240	240	7 plant.
241	241	8 "Community College Cannabis Vocational Training Pilot
242	242	9 Program faculty participant" means a person who is 21 years of
243	243	10 age or older, licensed by the Department of Agriculture, and
244	244	11 is employed or contracted by an Illinois community college to
245	245	12 provide student instruction using cannabis plants at an
246	246	13 Illinois Community College.
247	247	14 "Community College Cannabis Vocational Training Pilot
248	248	15 Program faculty participant Agent Identification Card" means a
249	249	16 document issued by the Department of Agriculture that
250	250	17 identifies a person as a Community College Cannabis Vocational
251	251	18 Training Pilot Program faculty participant.
252	252	19 "Conditional Adult Use Dispensing Organization License"
253	253	20 means a contingent license awarded to applicants for an Adult
254	254	21 Use Dispensing Organization License that reserves the right to
255	255	22 an Adult Use Dispensing Organization License if the applicant
256	256	23 meets certain conditions described in this Act, but does not
257	257	24 entitle the recipient to begin purchasing or selling cannabis
258	258	25 or cannabis-infused products.
259	259	26 "Conditional Adult Use Cultivation Center License" means a
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270	270	1 license awarded to top-scoring applicants for an Adult Use
271	271	2 Cultivation Center License that reserves the right to an Adult
272	272	3 Use Cultivation Center License if the applicant meets certain
273	273	4 conditions as determined by the Department of Agriculture by
274	274	5 rule, but does not entitle the recipient to begin growing,
275	275	6 processing, or selling cannabis or cannabis-infused products.
276	276	7 "Consolidated transport center" means a facility licensed
277	277	8 by the Department of Agriculture that is: (i) integrated with
278	278	9 access controls, cameras, and alarms; (ii) owned and operated
279	279	10 by an independent social equity transporting organization; and
280	280	11 (iii) used for unloading products from vehicles, sorting and
281	281	12 securely storing products, and reloading products onto
282	282	13 licensed and registered transport vehicles before being
283	283	14 shipped to cannabis business establishments.
284	284	15 "Craft grower" means a facility operated by an
285	285	16 organization or business that is licensed by the Department of
286	286	17 Agriculture to cultivate, dry, cure, and package cannabis and
287	287	18 perform other necessary activities to make cannabis available
288	288	19 for sale at a dispensing organization or use at a processing
289	289	20 organization. A craft grower may contain up to 5,000 square
290	290	21 feet of canopy space on its premises for plants in the
291	291	22 flowering state. The Department of Agriculture may authorize
292	292	23 an increase or decrease of flowering stage cultivation space
293	293	24 in increments of 3,000 square feet by rule based on market
294	294	25 need, craft grower capacity, and the licensee's history of
295	295	26 compliance or noncompliance, with a maximum space of 14,000
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306	306	1 square feet for cultivating plants in the flowering stage,
307	307	2 which must be cultivated in all stages of growth in an enclosed
308	308	3 and secure area. A craft grower may share premises with a
309	309	4 processing organization or a dispensing organization, or both,
310	310	5 provided each licensee stores currency and cannabis or
311	311	6 cannabis-infused products in a separate secured vault to which
312	312	7 the other licensee does not have access or all licensees
313	313	8 sharing a vault share more than 50% of the same ownership.
314	314	9 "Craft grower agent" means a principal officer, board
315	315	10 member, employee, or other agent of a craft grower who is 21
316	316	11 years of age or older.
317	317	12 "Craft Grower Agent Identification Card" means a document
318	318	13 issued by the Department of Agriculture that identifies a
319	319	14 person as a craft grower agent.
320	320	15 "Cultivation center" means a facility operated by an
321	321	16 organization or business that is licensed by the Department of
322	322	17 Agriculture to cultivate, process, transport (unless otherwise
323	323	18 limited by this Act), and perform other necessary activities
324	324	19 to provide cannabis and cannabis-infused products to cannabis
325	325	20 business establishments.
326	326	21 "Cultivation center agent" means a principal officer,
327	327	22 board member, employee, or other agent of a cultivation center
328	328	23 who is 21 years of age or older.
329	329	24 "Cultivation Center Agent Identification Card" means a
330	330	25 document issued by the Department of Agriculture that
331	331	26 identifies a person as a cultivation center agent.
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342	342	1 "Currency" means currency and coin of the United States.
343	343	2 "Dispensary" means a facility operated by a dispensing
344	344	3 organization at which activities licensed by this Act may
345	345	4 occur.
346	346	5 "Dispensary Applicant" means the Proposed Dispensing
347	347	6 Organization Name as stated on an application for a
348	348	7 Conditional Adult Use Dispensing Organization License.
349	349	8 "Dispensing organization" means a facility operated by an
350	350	9 organization or business that is licensed by the Department of
351	351	10 Financial and Professional Regulation to acquire cannabis from
352	352	11 a cultivation center, craft grower, processing organization,
353	353	12 or another dispensary for the purpose of selling or dispensing
354	354	13 cannabis, cannabis-infused products, cannabis seeds,
355	355	14 paraphernalia, or related supplies under this Act to
356	356	15 purchasers or to qualified registered medical cannabis
357	357	16 patients and caregivers. As used in this Act, "dispensing
358	358	17 organization" includes a registered medical cannabis
359	359	18 organization as defined in the Compassionate Use of Medical
360	360	19 Cannabis Program Act or its successor Act that has obtained an
361	361	20 Early Approval Adult Use Dispensing Organization License.
362	362	21 "Dispensing organization agent" means a principal officer,
363	363	22 employee, or agent of a dispensing organization who is 21
364	364	23 years of age or older.
365	365	24 "Dispensing organization agent identification card" means
366	366	25 a document issued by the Department of Financial and
367	367	26 Professional Regulation that identifies a person as a
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378	378	1 dispensing organization agent.
379	379	2 "Disproportionately Impacted Area" means a census tract or
380	380	3 comparable geographic area that satisfies the following
381	381	4 criteria as determined by the Department of Commerce and
382	382	5 Economic Opportunity, that:
383	383	6 (1) meets at least one of the following criteria:
384	384	7 (A) the area has a poverty rate of at least 20%
385	385	8 according to the latest federal decennial census; or
386	386	9 (B) 75% or more of the children in the area
387	387	10 participate in the federal free lunch program
388	388	11 according to reported statistics from the State Board
389	389	12 of Education; or
390	390	13 (C) at least 20% of the households in the area
391	391	14 receive assistance under the Supplemental Nutrition
392	392	15 Assistance Program; or
393	393	16 (D) the area has an average unemployment rate, as
394	394	17 determined by the Illinois Department of Employment
395	395	18 Security, that is more than 120% of the national
396	396	19 unemployment average, as determined by the United
397	397	20 States Department of Labor, for a period of at least 2
398	398	21 consecutive calendar years preceding the date of the
399	399	22 application; and
400	400	23 (2) has high rates of arrest, conviction, and
401	401	24 incarceration related to the sale, possession, use,
402	402	25 cultivation, manufacture, or transport of cannabis.
403	403	26 "Early Approval Adult Use Cultivation Center License"
404	404
405	405
406	406
407	407
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414	414	1 means a license that permits a medical cannabis cultivation
415	415	2 center licensed under the Compassionate Use of Medical
416	416	3 Cannabis Program Act as of the effective date of this Act to
417	417	4 begin cultivating, infusing, packaging, transporting (unless
418	418	5 otherwise provided in this Act), processing, and selling
419	419	6 cannabis or cannabis-infused product to cannabis business
420	420	7 establishments for resale to purchasers as permitted by this
421	421	8 Act as of January 1, 2020.
422	422	9 "Early Approval Adult Use Dispensing Organization License"
423	423	10 means a license that permits a medical cannabis dispensing
424	424	11 organization licensed under the Compassionate Use of Medical
425	425	12 Cannabis Program Act as of the effective date of this Act to
426	426	13 begin selling cannabis or cannabis-infused product to
427	427	14 purchasers as permitted by this Act as of January 1, 2020.
428	428	15 "Early Approval Adult Use Dispensing Organization at a
429	429	16 secondary site" means a license that permits a medical
430	430	17 cannabis dispensing organization licensed under the
431	431	18 Compassionate Use of Medical Cannabis Program Act as of the
432	432	19 effective date of this Act to begin selling cannabis or
433	433	20 cannabis-infused product to purchasers as permitted by this
434	434	21 Act on January 1, 2020 at a different dispensary location from
435	435	22 its existing registered medical dispensary location.
436	436	23 "Eligible Tied Applicant" means a Tied Applicant that is
437	437	24 eligible to participate in the process by which a remaining
438	438	25 available license is distributed by lot pursuant to a Tied
439	439	26 Applicant Lottery.
440	440
441	441
442	442
443	443
444	444
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450	450	1 "Enclosed, locked facility" means a room, greenhouse,
451	451	2 building, or other enclosed area equipped with locks or other
452	452	3 security devices that permit access only by cannabis business
453	453	4 establishment agents working for the licensed cannabis
454	454	5 business establishment or acting pursuant to this Act to
455	455	6 cultivate, process, store, or distribute cannabis.
456	456	7 "Enclosed, locked space" means a closet, room, greenhouse,
457	457	8 building, or other enclosed area equipped with locks or other
458	458	9 security devices that permit access only by authorized
459	459	10 individuals under this Act. "Enclosed, locked space" may
460	460	11 include:
461	461	12 (1) a space within a residential building that (i) is
462	462	13 the primary residence of the individual cultivating 5 or
463	463	14 fewer cannabis plants that are more than 5 inches tall and
464	464	15 (ii) includes sleeping quarters and indoor plumbing. The
465	465	16 space must only be accessible by a key or code that is
466	466	17 different from any key or code that can be used to access
467	467	18 the residential building from the exterior; or
468	468	19 (2) a structure, such as a shed or greenhouse, that
469	469	20 lies on the same plot of land as a residential building
470	470	21 that (i) includes sleeping quarters and indoor plumbing
471	471	22 and (ii) is used as a primary residence by the person
472	472	23 cultivating 5 or fewer cannabis plants that are more than
473	473	24 5 inches tall, such as a shed or greenhouse. The structure
474	474	25 must remain locked when it is unoccupied by people.
475	475	26 "Financial institution" has the same meaning as "financial
476	476
477	477
478	478
479	479
480	480
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485	485	HB4211 - 13 - LRB103 35162 RLC 65132 b
486	486	1 organization" as defined in Section 1501 of the Illinois
487	487	2 Income Tax Act, and also includes the holding companies,
488	488	3 subsidiaries, and affiliates of such financial organizations.
489	489	4 "Flowering stage" means the stage of cultivation where and
490	490	5 when a cannabis plant is cultivated to produce plant material
491	491	6 for cannabis products. This includes mature plants as follows:
492	492	7 (1) if greater than 2 stigmas are visible at each
493	493	8 internode of the plant; or
494	494	9 (2) if the cannabis plant is in an area that has been
495	495	10 intentionally deprived of light for a period of time
496	496	11 intended to produce flower buds and induce maturation,
497	497	12 from the moment the light deprivation began through the
498	498	13 remainder of the marijuana plant growth cycle.
499	499	14 "Individual" means a natural person.
500	500	15 "Independent social equity transporting organization"
501	501	16 means a transporting organization that is not owned in whole
502	502	17 or in part by a cultivation center, dispensing organization,
503	503	18 processing organization, or any principal officer of a
504	504	19 cultivation center, dispensing organization, or processing
505	505	20 organization.
506	506	21 "Infuser organization" or "infuser" means a facility
507	507	22 operated by an organization or business that is licensed by
508	508	23 the Department of Agriculture to directly incorporate cannabis
509	509	24 or cannabis concentrate into a product formulation to produce
510	510	25 a cannabis-infused product.
511	511	26 "Kief" means the resinous crystal-like trichomes that are
512	512
513	513
514	514
515	515
516	516
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518	518
519	519
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522	522	1 found on cannabis and that are accumulated, resulting in a
523	523	2 higher concentration of cannabinoids, untreated by heat or
524	524	3 pressure, or extracted using a solvent.
525	525	4 "Labor peace agreement" means an agreement between a
526	526	5 cannabis business establishment and any labor organization
527	527	6 recognized under the National Labor Relations Act, referred to
528	528	7 in this Act as a bona fide labor organization, that prohibits
529	529	8 labor organizations and members from engaging in picketing,
530	530	9 work stoppages, boycotts, and any other economic interference
531	531	10 with the cannabis business establishment. This agreement means
532	532	11 that the cannabis business establishment has agreed not to
533	533	12 disrupt efforts by the bona fide labor organization to
534	534	13 communicate with, and attempt to organize and represent, the
535	535	14 cannabis business establishment's employees. The agreement
536	536	15 shall provide a bona fide labor organization access at
537	537	16 reasonable times to areas in which the cannabis business
538	538	17 establishment's employees work, for the purpose of meeting
539	539	18 with employees to discuss their right to representation,
540	540	19 employment rights under State law, and terms and conditions of
541	541	20 employment. This type of agreement shall not mandate a
542	542	21 particular method of election or certification of the bona
543	543	22 fide labor organization.
544	544	23 "Limited access area" means a room or other area under the
545	545	24 control of a cannabis dispensing organization licensed under
546	546	25 this Act and upon the licensed premises where cannabis sales
547	547	26 occur with access limited to purchasers, dispensing
548	548
549	549
550	550
551	551
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554	554
555	555
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558	558	1 organization owners and other dispensing organization agents,
559	559	2 or service professionals conducting business with the
560	560	3 dispensing organization, or, if sales to registered qualifying
561	561	4 patients, caregivers, provisional patients, and Opioid
562	562	5 Alternative Pilot Program participants licensed pursuant to
563	563	6 the Compassionate Use of Medical Cannabis Program Act are also
564	564	7 permitted at the dispensary, registered qualifying patients,
565	565	8 caregivers, provisional patients, and Opioid Alternative Pilot
566	566	9 Program participants.
567	567	10 "Member of an impacted family" means an individual who has
568	568	11 a parent, legal guardian, child, spouse, or dependent, or was
569	569	12 a dependent of an individual who, prior to the effective date
570	570	13 of this Act, was arrested for, convicted of, or adjudicated
571	571	14 delinquent for any offense that is eligible for expungement
572	572	15 under this Act.
573	573	16 "Mother plant" means a cannabis plant that is cultivated
574	574	17 or maintained for the purpose of generating clones, and that
575	575	18 will not be used to produce plant material for sale to an
576	576	19 infuser or dispensing organization.
577	577	20 "Ordinary public view" means within the sight line with
578	578	21 normal visual range of a person, unassisted by visual aids,
579	579	22 from a public street or sidewalk adjacent to real property, or
580	580	23 from within an adjacent property.
581	581	24 "Ownership and control" means ownership of at least 51% of
582	582	25 the business, including corporate stock if a corporation, and
583	583	26 control over the management and day-to-day operations of the
584	584
585	585
586	586
587	587
588	588
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594	594	1 business and an interest in the capital, assets, and profits
595	595	2 and losses of the business proportionate to percentage of
596	596	3 ownership.
597	597	4 "Person" means a natural individual, firm, partnership,
598	598	5 association, joint stock company, joint venture, public or
599	599	6 private corporation, limited liability company, or a receiver,
600	600	7 executor, trustee, guardian, or other representative appointed
601	601	8 by order of any court.
602	602	9 "Possession limit" means the amount of cannabis under
603	603	10 Section 10-10 that may be possessed at any one time by a person
604	604	11 21 years of age or older or who is a registered qualifying
605	605	12 medical cannabis patient or caregiver under the Compassionate
606	606	13 Use of Medical Cannabis Program Act.
607	607	14 "Principal officer" includes a cannabis business
608	608	15 establishment applicant or licensed cannabis business
609	609	16 establishment's board member, owner with more than 1% interest
610	610	17 of the total cannabis business establishment or more than 5%
611	611	18 interest of the total cannabis business establishment of a
612	612	19 publicly traded company, president, vice president, secretary,
613	613	20 treasurer, partner, officer, member, manager member, or person
614	614	21 with a profit sharing, financial interest, or revenue sharing
615	615	22 arrangement. The definition includes a person with authority
616	616	23 to control the cannabis business establishment, a person who
617	617	24 assumes responsibility for the debts of the cannabis business
618	618	25 establishment and who is further defined in this Act.
619	619	26 "Primary residence" means a dwelling where a person
620	620
621	621
622	622
623	623
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629	629	HB4211 - 17 - LRB103 35162 RLC 65132 b
630	630	1 usually stays or stays more often than other locations. It may
631	631	2 be determined by, without limitation, presence, tax filings;
632	632	3 address on an Illinois driver's license, an Illinois
633	633	4 Identification Card, or an Illinois Person with a Disability
634	634	5 Identification Card; or voter registration. No person may have
635	635	6 more than one primary residence.
636	636	7 "Processing organization" or "processor" means a facility
637	637	8 operated by an organization or business that is licensed by
638	638	9 the Department of Agriculture to either extract constituent
639	639	10 chemicals or compounds to produce cannabis concentrate or
640	640	11 incorporate cannabis or cannabis concentrate into a product
641	641	12 formulation to produce a cannabis product.
642	642	13 "Processing organization agent" means a principal officer,
643	643	14 board member, employee, or agent of a processing organization.
644	644	15 "Processing organization agent identification card" means
645	645	16 a document issued by the Department of Agriculture that
646	646	17 identifies a person as a processing organization agent.
647	647	18 "Purchaser" means a person 21 years of age or older who
648	648	19 acquires cannabis for a valuable consideration. "Purchaser"
649	649	20 does not include a cardholder under the Compassionate Use of
650	650	21 Medical Cannabis Program Act.
651	651	22 "Qualifying Applicant" means an applicant that submitted
652	652	23 an application pursuant to Section 15-30 that received at
653	653	24 least 85% of 250 application points available under Section
654	654	25 15-30 as the applicant's final score and meets the definition
655	655	26 of "Social Equity Applicant" as set forth under this Section.
656	656
657	657
658	658
659	659
660	660
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666	666	1 "Qualifying Social Equity Justice Involved Applicant"
667	667	2 means an applicant that submitted an application pursuant to
668	668	3 Section 15-30 that received at least 85% of 250 application
669	669	4 points available under Section 15-30 as the applicant's final
670	670	5 score and meets the criteria of either paragraph (1) or (2) of
671	671	6 the definition of "Social Equity Applicant" as set forth under
672	672	7 this Section.
673	673	8 "Qualified Social Equity Applicant" means a Social Equity
674	674	9 Applicant who has been awarded a conditional license under
675	675	10 this Act to operate a cannabis business establishment.
676	676	11 "Resided" means an individual's primary residence was
677	677	12 located within the relevant geographic area as established by
678	678	13 2 of the following:
679	679	14 (1) a signed lease agreement that includes the
680	680	15 applicant's name;
681	681	16 (2) a property deed that includes the applicant's
682	682	17 name;
683	683	18 (3) school records;
684	684	19 (4) a voter registration card;
685	685	20 (5) an Illinois driver's license, an Illinois
686	686	21 Identification Card, or an Illinois Person with a
687	687	22 Disability Identification Card;
688	688	23 (6) a paycheck stub;
689	689	24 (7) a utility bill;
690	690	25 (8) tax records; or
691	691	26 (9) any other proof of residency or other information
692	692
693	693
694	694
695	695
696	696
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702	702	1 necessary to establish residence as provided by rule.
703	703	2 "Smoking" means the inhalation of smoke caused by the
704	704	3 combustion of cannabis.
705	705	4 "Social Equity Applicant" means an applicant that is an
706	706	5 Illinois resident that meets one of the following criteria:
707	707	6 (1) an applicant with at least 51% ownership and
708	708	7 control by one or more individuals who have resided for at
709	709	8 least 5 of the preceding 10 years in a Disproportionately
710	710	9 Impacted Area;
711	711	10 (2) an applicant with at least 51% ownership and
712	712	11 control by one or more individuals who:
713	713	12 (i) have been arrested for, convicted of, or
714	714	13 adjudicated delinquent for any offense that is
715	715	14 eligible for expungement under this Act; or
716	716	15 (ii) is a member of an impacted family;
717	717	16 (3) for applicants with a minimum of 10 full-time
718	718	17 employees, an applicant with at least 51% of current
719	719	18 employees who:
720	720	19 (i) currently reside in a Disproportionately
721	721	20 Impacted Area; or
722	722	21 (ii) have been arrested for, convicted of, or
723	723	22 adjudicated delinquent for any offense that is
724	724	23 eligible for expungement under this Act or member of
725	725	24 an impacted family.
726	726	25 Nothing in this Act shall be construed to preempt or limit
727	727	26 the duties of any employer under the Job Opportunities for
728	728
729	729
730	730
731	731
732	732
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734	734
735	735
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738	738	1 Qualified Applicants Act. Nothing in this Act shall permit an
739	739	2 employer to require an employee to disclose sealed or expunged
740	740	3 offenses, unless otherwise required by law.
741	741	4 "Tied Applicant" means an application submitted by a
742	742	5 Dispensary Applicant pursuant to Section 15-30 that received
743	743	6 the same number of application points under Section 15-30 as
744	744	7 the Dispensary Applicant's final score as one or more
745	745	8 top-scoring applications in the same BLS Region and would have
746	746	9 been awarded a license but for the one or more other
747	747	10 top-scoring applications that received the same number of
748	748	11 application points. Each application for which a Dispensary
749	749	12 Applicant was required to pay a required application fee for
750	750	13 the application period ending January 2, 2020 shall be
751	751	14 considered an application of a separate Tied Applicant.
752	752	15 "Tied Applicant Lottery" means the process established
753	753	16 under 68 Ill. Adm. Code 1291.50 for awarding Conditional Adult
754	754	17 Use Dispensing Organization Licenses pursuant to Sections
755	755	18 15-25 and 15-30 among Eligible Tied Applicants.
756	756	19 "Tincture" means a cannabis-infused solution, typically
757	757	20 comprised of alcohol, glycerin, or vegetable oils, derived
758	758	21 either directly from the cannabis plant or from a processed
759	759	22 cannabis extract. A tincture is not an alcoholic liquor as
760	760	23 defined in the Liquor Control Act of 1934. A tincture shall
761	761	24 include a calibrated dropper or other similar device capable
762	762	25 of accurately measuring servings.
763	763	26 "Transporting organization" or "transporter" means an
764	764
765	765
766	766
767	767
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770	770
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774	774	1 organization or business that is licensed by the Department of
775	775	2 Agriculture to transport cannabis or cannabis-infused product
776	776	3 on behalf of a cannabis business establishment or a community
777	777	4 college licensed under the Community College Cannabis
778	778	5 Vocational Training Pilot Program.
779	779	6 "Transporting organization agent" means a principal
780	780	7 officer, board member, employee, or agent of a transporting
781	781	8 organization.
782	782	9 "Transporting organization agent identification card"
783	783	10 means a document issued by the Department of Agriculture that
784	784	11 identifies a person as a transporting organization agent.
785	785	12 "Unit of local government" means any county, city,
786	786	13 village, or incorporated town.
787	787	14 "Vegetative stage" means the stage of cultivation in which
788	788	15 a cannabis plant is propagated to produce additional cannabis
789	789	16 plants or reach a sufficient size for production. This
790	790	17 includes seedlings, clones, mothers, and other immature
791	791	18 cannabis plants as follows:
792	792	19 (1) if the cannabis plant is in an area that has not
793	793	20 been intentionally deprived of light for a period of time
794	794	21 intended to produce flower buds and induce maturation, it
795	795	22 has no more than 2 stigmas visible at each internode of the
796	796	23 cannabis plant; or
797	797	24 (2) any cannabis plant that is cultivated solely for
798	798	25 the purpose of propagating clones and is never used to
799	799	26 produce cannabis.
800	800
801	801
802	802
803	803
804	804
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810	810	1 (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
811	811	2 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff.
812	812	3 5-13-22.)
813	813	4 (410 ILCS 705/5-10)
814	814	5 Sec. 5-10. Department of Agriculture. The Department of
815	815	6 Agriculture shall administer and enforce provisions of this
816	816	7 Act relating to the oversight and registration of cultivation
817	817	8 centers, craft growers, infuser organizations, and
818	818	9 transporting organizations and agents, including the issuance
819	819	10 of identification cards and establishing limits on potency or
820	820	11 serving size for cannabis or cannabis products. The Department
821	821	12 of Agriculture may suspend or revoke the license of, or impose
822	822	13 other penalties upon cultivation centers, craft growers,
823	823	14 infuser organizations, transporting organizations, and their
824	824	15 principal officers, Agents-in-Charge, and agents for
825	825	16 violations of this Act and any rules adopted under this Act.
826	826	17 The Department may adopt rules and emergency rules in
827	827	18 accordance with the Illinois Administrative Procedure Act and
828	828	19 prescribe forms and fees relating to the administration and
829	829	20 enforcement of this amendatory Act of the 103rd General
830	830	21 Assembly, as it deems appropriate.
831	831	22 (Source: P.A. 101-27, eff. 6-25-19.)
832	832	23 (410 ILCS 705/20-30)
833	833	24 Sec. 20-30. Cultivation center requirements; prohibitions.
834	834
835	835
836	836
837	837
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844	844	1 (a) The operating documents of a cultivation center shall
845	845	2 include procedures for the oversight of the cultivation
846	846	3 center, a cannabis plant monitoring system including a
847	847	4 physical inventory recorded weekly, accurate recordkeeping,
848	848	5 and a staffing plan.
849	849	6 (b) A cultivation center shall implement a security plan
850	850	7 reviewed by the Illinois State Police that includes, but is
851	851	8 not limited to: facility access controls, perimeter intrusion
852	852	9 detection systems, personnel identification systems, 24-hour
853	853	10 surveillance system to monitor the interior and exterior of
854	854	11 the cultivation center facility and accessibility to
855	855	12 authorized law enforcement, the Department of Public Health
856	856	13 where processing takes place, and the Department of
857	857	14 Agriculture in real time.
858	858	15 (c) All cultivation of cannabis by a cultivation center
859	859	16 must take place in an enclosed, locked facility at the
860	860	17 physical address provided to the Department of Agriculture
861	861	18 during the licensing process. The cultivation center location
862	862	19 shall only be accessed by the agents working for the
863	863	20 cultivation center, the Department of Agriculture staff
864	864	21 performing inspections, the Department of Public Health staff
865	865	22 performing inspections, local and State law enforcement or
866	866	23 other emergency personnel, contractors working on jobs
867	867	24 unrelated to cannabis, such as installing or maintaining
868	868	25 security devices or performing electrical wiring, transporting
869	869	26 organization agents as provided in this Act, individuals in a
870	870
871	871
872	872
873	873
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880	880	1 mentoring or educational program approved by the State, or
881	881	2 other individuals as provided by rule.
882	882	3 (d) A cultivation center may not sell or distribute any
883	883	4 cannabis or cannabis-infused products to any person other than
884	884	5 a dispensing organization, craft grower, infuser organization,
885	885	6 transporter, or as otherwise authorized by rule.
886	886	7 (e) A cultivation center may not either directly or
887	887	8 indirectly discriminate in price between different dispensing
888	888	9 organizations, craft growers, or infuser organizations that
889	889	10 are purchasing a like grade, strain, brand, and quality of
890	890	11 cannabis or cannabis-infused product. Nothing in this
891	891	12 subsection (e) prevents a cultivation center from pricing
892	892	13 cannabis differently based on differences in the cost of
893	893	14 manufacturing or processing, the quantities sold, such as
894	894	15 volume discounts, or the way the products are delivered.
895	895	16 (f) All cannabis harvested by a cultivation center and
896	896	17 intended for distribution to a dispensing organization must be
897	897	18 entered into a data collection system, packaged and labeled
898	898	19 under Section 55-21, and placed into a cannabis container for
899	899	20 transport. All cannabis harvested by a cultivation center and
900	900	21 intended for distribution to a craft grower or infuser
901	901	22 organization must be packaged in a labeled cannabis container
902	902	23 and entered into a data collection system before transport.
903	903	24 (g) Cultivation centers are subject to random inspections
904	904	25 by the Department of Agriculture, the Department of Public
905	905	26 Health, local safety or health inspectors, the Illinois State
906	906
907	907
908	908
909	909
910	910
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912	912
913	913
914	914	HB4211- 25 -LRB103 35162 RLC 65132 b HB4211 - 25 - LRB103 35162 RLC 65132 b
915	915	HB4211 - 25 - LRB103 35162 RLC 65132 b
916	916	1 Police, or as provided by rule.
917	917	2 (h) A cultivation center agent shall notify local law
918	918	3 enforcement, the Illinois State Police, and the Department of
919	919	4 Agriculture within 24 hours of the discovery of any loss or
920	920	5 theft. Notification shall be made by phone or in person, or by
921	921	6 written or electronic communication.
922	922	7 (i) A cultivation center shall comply with all State and
923	923	8 any applicable federal rules and regulations regarding the use
924	924	9 of pesticides on cannabis plants.
925	925	10 (j) No person or entity shall hold any legal, equitable,
926	926	11 ownership, or beneficial interest, directly or indirectly, of
927	927	12 more than 3 cultivation centers licensed under this Article.
928	928	13 Further, no person or entity that is employed by, an agent of,
929	929	14 has a contract to receive payment in any form from a
930	930	15 cultivation center, is a principal officer of a cultivation
931	931	16 center, or entity controlled by or affiliated with a principal
932	932	17 officer of a cultivation shall hold any legal, equitable,
933	933	18 ownership, or beneficial interest, directly or indirectly, in
934	934	19 a cultivation that would result in the person or entity owning
935	935	20 or controlling in combination with any cultivation center,
936	936	21 principal officer of a cultivation center, or entity
937	937	22 controlled or affiliated with a principal officer of a
938	938	23 cultivation center by which he, she, or it is employed, is an
939	939	24 agent of, or participates in the management of, more than 3
940	940	25 cultivation center licenses.
941	941	26 (k) A cultivation center may not contain more than 210,000
942	942
943	943
944	944
945	945
946	946
947	947	HB4211 - 25 - LRB103 35162 RLC 65132 b
948	948
949	949
950	950	HB4211- 26 -LRB103 35162 RLC 65132 b HB4211 - 26 - LRB103 35162 RLC 65132 b
951	951	HB4211 - 26 - LRB103 35162 RLC 65132 b
952	952	1 square feet of canopy space for plants in the flowering stage
953	953	2 for cultivation of adult use cannabis as provided in this Act.
954	954	3 (l) A cultivation center may process cannabis, cannabis
955	955	4 concentrates, and cannabis-infused products.
956	956	5 (m) Beginning July 1, 2020, a cultivation center shall not
957	957	6 transport cannabis or cannabis-infused products to a craft
958	958	7 grower, dispensing organization, infuser organization, or
959	959	8 laboratory licensed under this Act, unless it has obtained a
960	960	9 transporting organization license.
961	961	10 (n) It is unlawful for any person having a cultivation
962	962	11 center license or any officer, associate, member,
963	963	12 representative, or agent of such licensee to offer or deliver
964	964	13 money, or anything else of value, directly or indirectly to
965	965	14 any person having an Early Approval Adult Use Dispensing
966	966	15 Organization License, a Conditional Adult Use Dispensing
967	967	16 Organization License, an Adult Use Dispensing Organization
968	968	17 License, or a medical cannabis dispensing organization license
969	969	18 issued under the Compassionate Use of Medical Cannabis Program
970	970	19 Act, or to any person connected with or in any way
971	971	20 representing, or to any member of the family of, such person
972	972	21 holding an Early Approval Adult Use Dispensing Organization
973	973	22 License, a Conditional Adult Use Dispensing Organization
974	974	23 License, an Adult Use Dispensing Organization License, or a
975	975	24 medical cannabis dispensing organization license issued under
976	976	25 the Compassionate Use of Medical Cannabis Program Act, or to
977	977	26 any stockholders in any corporation engaged in the retail sale
978	978
979	979
980	980
981	981
982	982
983	983	HB4211 - 26 - LRB103 35162 RLC 65132 b
984	984
985	985
986	986	HB4211- 27 -LRB103 35162 RLC 65132 b HB4211 - 27 - LRB103 35162 RLC 65132 b
987	987	HB4211 - 27 - LRB103 35162 RLC 65132 b
988	988	1 of cannabis, or to any officer, manager, agent, or
989	989	2 representative of the Early Approval Adult Use Dispensing
990	990	3 Organization License, a Conditional Adult Use Dispensing
991	991	4 Organization License, an Adult Use Dispensing Organization
992	992	5 License, or a medical cannabis dispensing organization license
993	993	6 issued under the Compassionate Use of Medical Cannabis Program
994	994	7 Act to obtain preferential placement within the dispensing
995	995	8 organization, including, without limitation, on shelves and in
996	996	9 display cases where purchasers can view products, or on the
997	997	10 dispensing organization's website.
998	998	11 (o) A cultivation center must comply with any other
999	999	12 requirements or prohibitions set by administrative rule of the
1000	1000	13 Department of Agriculture.
1001	1001	14 (p) Cannabis business entities shall adhere to the
1002	1002	15 traceability and consumer protection guidelines established by
1003	1003	16 the Department of Agriculture when utilizing the cannabis
1004	1004	17 plant monitoring system or cannabis transport GPS tracking
1005	1005	18 system.
1006	1006	19 (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
1007	1007	20 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff.
1008	1008	21 5-13-22.)
1009	1009	22 (410 ILCS 705/30-30)
1010	1010	23 Sec. 30-30. Craft grower requirements; prohibitions.
1011	1011	24 (a) The operating documents of a craft grower shall
1012	1012	25 include procedures for the oversight of the craft grower, a
1013	1013
1014	1014
1015	1015
1016	1016
1017	1017
1018	1018	HB4211 - 27 - LRB103 35162 RLC 65132 b
1019	1019
1020	1020
1021	1021	HB4211- 28 -LRB103 35162 RLC 65132 b HB4211 - 28 - LRB103 35162 RLC 65132 b
1022	1022	HB4211 - 28 - LRB103 35162 RLC 65132 b
1023	1023	1 cannabis plant monitoring system including a physical
1024	1024	2 inventory recorded weekly, accurate recordkeeping, and a
1025	1025	3 staffing plan.
1026	1026	4 (b) A craft grower shall implement a security plan
1027	1027	5 reviewed by the Illinois State Police that includes, but is
1028	1028	6 not limited to: facility access controls, perimeter intrusion
1029	1029	7 detection systems, personnel identification systems, and a
1030	1030	8 24-hour surveillance system to monitor the interior and
1031	1031	9 exterior of the craft grower facility and that is accessible
1032	1032	10 to authorized law enforcement and the Department of
1033	1033	11 Agriculture in real time.
1034	1034	12 (c) All cultivation of cannabis by a craft grower must
1035	1035	13 take place in an enclosed, locked facility at the physical
1036	1036	14 address provided to the Department of Agriculture during the
1037	1037	15 licensing process. The craft grower location shall only be
1038	1038	16 accessed by the agents working for the craft grower, the
1039	1039	17 Department of Agriculture staff performing inspections, the
1040	1040	18 Department of Public Health staff performing inspections,
1041	1041	19 State and local law enforcement or other emergency personnel,
1042	1042	20 contractors working on jobs unrelated to cannabis, such as
1043	1043	21 installing or maintaining security devices or performing
1044	1044	22 electrical wiring, transporting organization agents as
1045	1045	23 provided in this Act, or participants in the incubator
1046	1046	24 program, individuals in a mentoring or educational program
1047	1047	25 approved by the State, or other individuals as provided by
1048	1048	26 rule. However, if a craft grower shares a premises with an
1049	1049
1050	1050
1051	1051
1052	1052
1053	1053
1054	1054	HB4211 - 28 - LRB103 35162 RLC 65132 b
1055	1055
1056	1056
1057	1057	HB4211- 29 -LRB103 35162 RLC 65132 b HB4211 - 29 - LRB103 35162 RLC 65132 b
1058	1058	HB4211 - 29 - LRB103 35162 RLC 65132 b
1059	1059	1 infuser or dispensing organization, agents from those other
1060	1060	2 licensees may access the craft grower portion of the premises
1061	1061	3 if that is the location of common bathrooms, lunchrooms,
1062	1062	4 locker rooms, or other areas of the building where work or
1063	1063	5 cultivation of cannabis is not performed. At no time may an
1064	1064	6 infuser or dispensing organization agent perform work at a
1065	1065	7 craft grower without being a registered agent of the craft
1066	1066	8 grower.
1067	1067	9 (d) A craft grower may not sell or distribute any cannabis
1068	1068	10 to any person other than a cultivation center, a craft grower,
1069	1069	11 an infuser organization, a dispensing organization, or as
1070	1070	12 otherwise authorized by rule.
1071	1071	13 (e) A craft grower may not be located in an area zoned for
1072	1072	14 residential use.
1073	1073	15 (f) A craft grower may not either directly or indirectly
1074	1074	16 discriminate in price between different cannabis business
1075	1075	17 establishments that are purchasing a like grade, strain,
1076	1076	18 brand, and quality of cannabis or cannabis-infused product.
1077	1077	19 Nothing in this subsection (f) prevents a craft grower from
1078	1078	20 pricing cannabis differently based on differences in the cost
1079	1079	21 of manufacturing or processing, the quantities sold, such as
1080	1080	22 volume discounts, or the way the products are delivered.
1081	1081	23 (g) All cannabis harvested by a craft grower and intended
1082	1082	24 for distribution to a dispensing organization must be entered
1083	1083	25 into a data collection system, packaged and labeled under
1084	1084	26 Section 55-21, and, if distribution is to a dispensing
1085	1085
1086	1086
1087	1087
1088	1088
1089	1089
1090	1090	HB4211 - 29 - LRB103 35162 RLC 65132 b
1091	1091
1092	1092
1093	1093	HB4211- 30 -LRB103 35162 RLC 65132 b HB4211 - 30 - LRB103 35162 RLC 65132 b
1094	1094	HB4211 - 30 - LRB103 35162 RLC 65132 b
1095	1095	1 organization that does not share a premises with the
1096	1096	2 dispensing organization receiving the cannabis, placed into a
1097	1097	3 cannabis container for transport. All cannabis harvested by a
1098	1098	4 craft grower and intended for distribution to a cultivation
1099	1099	5 center, to an infuser organization, or to a craft grower with
1100	1100	6 which it does not share a premises, must be packaged in a
1101	1101	7 labeled cannabis container and entered into a data collection
1102	1102	8 system before transport.
1103	1103	9 (h) Craft growers are subject to random inspections by the
1104	1104	10 Department of Agriculture, local safety or health inspectors,
1105	1105	11 the Illinois State Police, or as provided by rule.
1106	1106	12 (i) A craft grower agent shall notify local law
1107	1107	13 enforcement, the Illinois State Police, and the Department of
1108	1108	14 Agriculture within 24 hours of the discovery of any loss or
1109	1109	15 theft. Notification shall be made by phone, in person, or
1110	1110	16 written or electronic communication.
1111	1111	17 (j) A craft grower shall comply with all State and any
1112	1112	18 applicable federal rules and regulations regarding the use of
1113	1113	19 pesticides.
1114	1114	20 (k) A craft grower or craft grower agent shall not
1115	1115	21 transport cannabis or cannabis-infused products to any other
1116	1116	22 cannabis business establishment without a transport
1117	1117	23 organization license unless:
1118	1118	24 (i) If the craft grower is located in a county with a
1119	1119	25 population of 3,000,000 or more, the cannabis business
1120	1120	26 establishment receiving the cannabis is within 2,000 feet
1121	1121
1122	1122
1123	1123
1124	1124
1125	1125
1126	1126	HB4211 - 30 - LRB103 35162 RLC 65132 b
1127	1127
1128	1128
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1130	1130	HB4211 - 31 - LRB103 35162 RLC 65132 b
1131	1131	1 of the property line of the craft grower;
1132	1132	2 (ii) If the craft grower is located in a county with a
1133	1133	3 population of more than 700,000 but fewer than 3,000,000,
1134	1134	4 the cannabis business establishment receiving the cannabis
1135	1135	5 is within 2 miles of the craft grower; or
1136	1136	6 (iii) If the craft grower is located in a county with a
1137	1137	7 population of fewer than 700,000, the cannabis business
1138	1138	8 establishment receiving the cannabis is within 15 miles of
1139	1139	9 the craft grower.
1140	1140	10 (l) A craft grower may enter into a contract with a
1141	1141	11 transporting organization to transport cannabis to a
1142	1142	12 consolidated transport center, a different transporting
1143	1143	13 organization at the consolidated transport center, a
1144	1144	14 cultivation center, a craft grower, an infuser organization, a
1145	1145	15 dispensing organization, or a laboratory. All products
1146	1146	16 received and shipped to and from a consolidated transport
1147	1147	17 center shall be tracked within the cannabis plant monitoring
1148	1148	18 system.
1149	1149	19 (m) No person or entity shall hold any legal, equitable,
1150	1150	20 ownership, or beneficial interest, directly or indirectly, of
1151	1151	21 more than 3 craft grower licenses. Further, no person or
1152	1152	22 entity that is employed by, an agent of, or has a contract to
1153	1153	23 receive payment from or participate in the management of a
1154	1154	24 craft grower, is a principal officer of a craft grower, or
1155	1155	25 entity controlled by or affiliated with a principal officer of
1156	1156	26 a craft grower shall hold any legal, equitable, ownership, or
1157	1157
1158	1158
1159	1159
1160	1160
1161	1161
1162	1162	HB4211 - 31 - LRB103 35162 RLC 65132 b
1163	1163
1164	1164
1165	1165	HB4211- 32 -LRB103 35162 RLC 65132 b HB4211 - 32 - LRB103 35162 RLC 65132 b
1166	1166	HB4211 - 32 - LRB103 35162 RLC 65132 b
1167	1167	1 beneficial interest, directly or indirectly, in a craft grower
1168	1168	2 license that would result in the person or entity owning or
1169	1169	3 controlling in combination with any craft grower, principal
1170	1170	4 officer of a craft grower, or entity controlled or affiliated
1171	1171	5 with a principal officer of a craft grower by which he, she, or
1172	1172	6 it is employed, is an agent of, or participates in the
1173	1173	7 management of more than 3 craft grower licenses.
1174	1174	8 (n) It is unlawful for any person having a craft grower
1175	1175	9 license or any officer, associate, member, representative, or
1176	1176	10 agent of the licensee to offer or deliver money, or anything
1177	1177	11 else of value, directly or indirectly, to any person having an
1178	1178	12 Early Approval Adult Use Dispensing Organization License, a
1179	1179	13 Conditional Adult Use Dispensing Organization License, an
1180	1180	14 Adult Use Dispensing Organization License, or a medical
1181	1181	15 cannabis dispensing organization license issued under the
1182	1182	16 Compassionate Use of Medical Cannabis Program Act, or to any
1183	1183	17 person connected with or in any way representing, or to any
1184	1184	18 member of the family of, the person holding an Early Approval
1185	1185	19 Adult Use Dispensing Organization License, a Conditional Adult
1186	1186	20 Use Dispensing Organization License, an Adult Use Dispensing
1187	1187	21 Organization License, or a medical cannabis dispensing
1188	1188	22 organization license issued under the Compassionate Use of
1189	1189	23 Medical Cannabis Program Act, or to any stockholders in any
1190	1190	24 corporation engaged in the retail sale of cannabis, or to any
1191	1191	25 officer, manager, agent, or representative of the Early
1192	1192	26 Approval Adult Use Dispensing Organization License, a
1193	1193
1194	1194
1195	1195
1196	1196
1197	1197
1198	1198	HB4211 - 32 - LRB103 35162 RLC 65132 b
1199	1199
1200	1200
1201	1201	HB4211- 33 -LRB103 35162 RLC 65132 b HB4211 - 33 - LRB103 35162 RLC 65132 b
1202	1202	HB4211 - 33 - LRB103 35162 RLC 65132 b
1203	1203	1 Conditional Adult Use Dispensing Organization License, an
1204	1204	2 Adult Use Dispensing Organization License, or a medical
1205	1205	3 cannabis dispensing organization license issued under the
1206	1206	4 Compassionate Use of Medical Cannabis Program Act to obtain
1207	1207	5 preferential placement within the dispensing organization,
1208	1208	6 including, without limitation, on shelves and in display cases
1209	1209	7 where purchasers can view products, or on the dispensing
1210	1210	8 organization's website.
1211	1211	9 (o) A craft grower shall not be located within 1,500 feet
1212	1212	10 of another craft grower or a cultivation center.
1213	1213	11 (p) A craft grower may process cannabis, cannabis
1214	1214	12 concentrates, and cannabis-infused products.
1215	1215	13 (q) A craft grower must comply with any other requirements
1216	1216	14 or prohibitions set by administrative rule of the Department
1217	1217	15 of Agriculture.
1218	1218	16 (r) Cannabis business entities shall adhere to the
1219	1219	17 traceability and consumer protection guidelines established by
1220	1220	18 the Department of Agriculture when utilizing the cannabis
1221	1221	19 plant monitoring system or cannabis transport GPS tracking
1222	1222	20 system.
1223	1223	21 (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
1224	1224	22 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff.
1225	1225	23 5-13-22.)
1226	1226	24 (410 ILCS 705/35-25)
1227	1227	25 Sec. 35-25. Infuser organization requirements;
1228	1228
1229	1229
1230	1230
1231	1231
1232	1232
1233	1233	HB4211 - 33 - LRB103 35162 RLC 65132 b
1234	1234
1235	1235
1236	1236	HB4211- 34 -LRB103 35162 RLC 65132 b HB4211 - 34 - LRB103 35162 RLC 65132 b
1237	1237	HB4211 - 34 - LRB103 35162 RLC 65132 b
1238	1238	1 prohibitions.
1239	1239	2 (a) The operating documents of an infuser shall include
1240	1240	3 procedures for the oversight of the infuser, an inventory
1241	1241	4 monitoring system including a physical inventory recorded
1242	1242	5 weekly, accurate recordkeeping, and a staffing plan.
1243	1243	6 (b) An infuser shall implement a security plan reviewed by
1244	1244	7 the Illinois State Police that includes, but is not limited
1245	1245	8 to: facility access controls, perimeter intrusion detection
1246	1246	9 systems, personnel identification systems, and a 24-hour
1247	1247	10 surveillance system to monitor the interior and exterior of
1248	1248	11 the infuser facility and that is accessible to authorized law
1249	1249	12 enforcement, the Department of Public Health, and the
1250	1250	13 Department of Agriculture in real time.
1251	1251	14 (c) All processing of cannabis by an infuser must take
1252	1252	15 place in an enclosed, locked facility at the physical address
1253	1253	16 provided to the Department of Agriculture during the licensing
1254	1254	17 process. The infuser location shall only be accessed by the
1255	1255	18 agents working for the infuser, the Department of Agriculture
1256	1256	19 staff performing inspections, the Department of Public Health
1257	1257	20 staff performing inspections, State and local law enforcement
1258	1258	21 or other emergency personnel, contractors working on jobs
1259	1259	22 unrelated to cannabis, such as installing or maintaining
1260	1260	23 security devices or performing electrical wiring, transporting
1261	1261	24 organization agents as provided in this Act, participants in
1262	1262	25 the incubator program, individuals in a mentoring or
1263	1263	26 educational program approved by the State, local safety or
1264	1264
1265	1265
1266	1266
1267	1267
1268	1268
1269	1269	HB4211 - 34 - LRB103 35162 RLC 65132 b
1270	1270
1271	1271
1272	1272	HB4211- 35 -LRB103 35162 RLC 65132 b HB4211 - 35 - LRB103 35162 RLC 65132 b
1273	1273	HB4211 - 35 - LRB103 35162 RLC 65132 b
1274	1274	1 health inspectors, or other individuals as provided by rule.
1275	1275	2 However, if an infuser shares a premises with a craft grower or
1276	1276	3 dispensing organization, agents from these other licensees may
1277	1277	4 access the infuser portion of the premises if that is the
1278	1278	5 location of common bathrooms, lunchrooms, locker rooms, or
1279	1279	6 other areas of the building where processing of cannabis is
1280	1280	7 not performed. At no time may a craft grower or dispensing
1281	1281	8 organization agent perform work at an infuser without being a
1282	1282	9 registered agent of the infuser.
1283	1283	10 (d) An infuser may not sell or distribute any cannabis to
1284	1284	11 any person other than a dispensing organization, or as
1285	1285	12 otherwise authorized by rule.
1286	1286	13 (e) An infuser may not either directly or indirectly
1287	1287	14 discriminate in price between different cannabis business
1288	1288	15 establishments that are purchasing a like grade, strain,
1289	1289	16 brand, and quality of cannabis or cannabis-infused product.
1290	1290	17 Nothing in this subsection (e) prevents an infuser from
1291	1291	18 pricing cannabis differently based on differences in the cost
1292	1292	19 of manufacturing or processing, the quantities sold, such
1293	1293	20 volume discounts, or the way the products are delivered.
1294	1294	21 (f) All cannabis infused by an infuser and intended for
1295	1295	22 distribution to a dispensing organization must be entered into
1296	1296	23 a data collection system, packaged and labeled under Section
1297	1297	24 55-21, and, if distribution is to a dispensing organization
1298	1298	25 that does not share a premises with the infuser, placed into a
1299	1299	26 cannabis container for transport. All cannabis produced by an
1300	1300
1301	1301
1302	1302
1303	1303
1304	1304
1305	1305	HB4211 - 35 - LRB103 35162 RLC 65132 b
1306	1306
1307	1307
1308	1308	HB4211- 36 -LRB103 35162 RLC 65132 b HB4211 - 36 - LRB103 35162 RLC 65132 b
1309	1309	HB4211 - 36 - LRB103 35162 RLC 65132 b
1310	1310	1 infuser and intended for distribution to a cultivation center,
1311	1311	2 infuser organization, or craft grower with which it does not
1312	1312	3 share a premises, must be packaged in a labeled cannabis
1313	1313	4 container and entered into a data collection system before
1314	1314	5 transport.
1315	1315	6 (g) Infusers are subject to random inspections by the
1316	1316	7 Department of Agriculture, the Department of Public Health,
1317	1317	8 the Illinois State Police, local law enforcement, or as
1318	1318	9 provided by rule.
1319	1319	10 (h) An infuser agent shall notify local law enforcement,
1320	1320	11 the Illinois State Police, and the Department of Agriculture
1321	1321	12 within 24 hours of the discovery of any loss or theft.
1322	1322	13 Notification shall be made by phone, in person, or by written
1323	1323	14 or electronic communication.
1324	1324	15 (i) An infuser organization may not be located in an area
1325	1325	16 zoned for residential use.
1326	1326	17 (j) An infuser or infuser agent shall not transport
1327	1327	18 cannabis or cannabis-infused products to any other cannabis
1328	1328	19 business establishment without a transport organization
1329	1329	20 license unless:
1330	1330	21 (i) If the infuser is located in a county with a
1331	1331	22 population of 3,000,000 or more, the cannabis business
1332	1332	23 establishment receiving the cannabis or cannabis-infused
1333	1333	24 product is within 2,000 feet of the property line of the
1334	1334	25 infuser;
1335	1335	26 (ii) If the infuser is located in a county with a
1336	1336
1337	1337
1338	1338
1339	1339
1340	1340
1341	1341	HB4211 - 36 - LRB103 35162 RLC 65132 b
1342	1342
1343	1343
1344	1344	HB4211- 37 -LRB103 35162 RLC 65132 b HB4211 - 37 - LRB103 35162 RLC 65132 b
1345	1345	HB4211 - 37 - LRB103 35162 RLC 65132 b
1346	1346	1 population of more than 700,000 but fewer than 3,000,000,
1347	1347	2 the cannabis business establishment receiving the cannabis
1348	1348	3 or cannabis-infused product is within 2 miles of the
1349	1349	4 infuser; or
1350	1350	5 (iii) If the infuser is located in a county with a
1351	1351	6 population of fewer than 700,000, the cannabis business
1352	1352	7 establishment receiving the cannabis or cannabis-infused
1353	1353	8 product is within 15 miles of the infuser.
1354	1354	9 (k) An infuser may enter into a contract with a
1355	1355	10 transporting organization to transport cannabis to a
1356	1356	11 consolidated transport center, a different transporting
1357	1357	12 organization at a consolidated transport center, a dispensing
1358	1358	13 organization, or a laboratory. All products received and
1359	1359	14 shipped to and from a consolidated transport center shall be
1360	1360	15 tracked within the cannabis plant monitoring system.
1361	1361	16 (l) An infuser organization may share premises with a
1362	1362	17 craft grower or a dispensing organization, or both, provided
1363	1363	18 each licensee stores currency and cannabis or cannabis-infused
1364	1364	19 products in a separate secured vault to which the other
1365	1365	20 licensee does not have access or all licensees sharing a vault
1366	1366	21 share more than 50% of the same ownership.
1367	1367	22 (m) It is unlawful for any person or entity having an
1368	1368	23 infuser organization license or any officer, associate,
1369	1369	24 member, representative or agent of such licensee to offer or
1370	1370	25 deliver money, or anything else of value, directly or
1371	1371	26 indirectly to any person having an Early Approval Adult Use
1372	1372
1373	1373
1374	1374
1375	1375
1376	1376
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1378	1378
1379	1379
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1381	1381	HB4211 - 38 - LRB103 35162 RLC 65132 b
1382	1382	1 Dispensing Organization License, a Conditional Adult Use
1383	1383	2 Dispensing Organization License, an Adult Use Dispensing
1384	1384	3 Organization License, or a medical cannabis dispensing
1385	1385	4 organization license issued under the Compassionate Use of
1386	1386	5 Medical Cannabis Program Act, or to any person connected with
1387	1387	6 or in any way representing, or to any member of the family of,
1388	1388	7 such person holding an Early Approval Adult Use Dispensing
1389	1389	8 Organization License, a Conditional Adult Use Dispensing
1390	1390	9 Organization License, an Adult Use Dispensing Organization
1391	1391	10 License, or a medical cannabis dispensing organization license
1392	1392	11 issued under the Compassionate Use of Medical Cannabis Program
1393	1393	12 Act, or to any stockholders in any corporation engaged the
1394	1394	13 retail sales of cannabis, or to any officer, manager, agent,
1395	1395	14 or representative of the Early Approval Adult Use Dispensing
1396	1396	15 Organization License, a Conditional Adult Use Dispensing
1397	1397	16 Organization License, an Adult Use Dispensing Organization
1398	1398	17 License, or a medical cannabis dispensing organization license
1399	1399	18 issued under the Compassionate Use of Medical Cannabis Program
1400	1400	19 Act to obtain preferential placement within the dispensing
1401	1401	20 organization, including, without limitation, on shelves and in
1402	1402	21 display cases where purchasers can view products, or on the
1403	1403	22 dispensing organization's website.
1404	1404	23 (n) At no time shall an infuser organization or an infuser
1405	1405	24 agent perform the extraction of cannabis concentrate from
1406	1406	25 cannabis flower.
1407	1407	26 (o) Cannabis business entities shall adhere to the
1408	1408
1409	1409
1410	1410
1411	1411
1412	1412
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1414	1414
1415	1415
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1417	1417	HB4211 - 39 - LRB103 35162 RLC 65132 b
1418	1418	1 traceability and consumer protection guidelines established by
1419	1419	2 the Department of Agriculture when utilizing the cannabis
1420	1420	3 plant monitoring system or cannabis transport GPS tracking
1421	1421	4 system.
1422	1422	5 (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
1423	1423	6 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff.
1424	1424	7 5-13-22.)
1425	1425	8 (410 ILCS 705/40-5)
1426	1426	9 Sec. 40-5. Issuance of licenses.
1427	1427	10 (a) The Department shall issue transporting licenses
1428	1428	11 through a process provided for in this Article no later than
1429	1429	12 July 1, 2020. Entities awarded a license under this Section
1430	1430	13 may defer paying the associated license fee for a period of no
1431	1431	14 more than 3 years.
1432	1432	15 (b) The Department shall make the application for
1433	1433	16 transporting organization licenses available on January 7,
1434	1434	17 2020 and shall receive such applications no later than March
1435	1435	18 15, 2020. The Department of Agriculture shall make available
1436	1436	19 such applications on every January 7 thereafter or if that
1437	1437	20 date falls on a weekend or holiday, the business day
1438	1438	21 immediately succeeding the weekend or holiday and shall
1439	1439	22 receive such applications no later than March 15 or the
1440	1440	23 succeeding business day thereafter.
1441	1441	24 (c) From January 1, 2024 through January 1, 2026, the
1442	1442	25 Department shall not issue any transporting licenses other
1443	1443
1444	1444
1445	1445
1446	1446
1447	1447
1448	1448	HB4211 - 39 - LRB103 35162 RLC 65132 b
1449	1449
1450	1450
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1452	1452	HB4211 - 40 - LRB103 35162 RLC 65132 b
1453	1453	1 than those issued under subsection (a) before the effective
1454	1454	2 date of this amendatory Act of the 103rd General Assembly.
1455	1455	3 (d) Upon completion of the disparity and availability
1456	1456	4 study published by the Illinois Cannabis Regulation Oversight
1457	1457	5 Officer under subsection (e) of Section 5-45, the Department
1458	1458	6 of Agriculture may modify or change the licensing application
1459	1459	7 process to reduce or eliminate barriers and remedy
1460	1460	8 discrimination identified in the study. Beginning January 1,
1461	1461	9 2026, the Department of Agriculture shall make the
1462	1462	10 applications available on every January 7 thereafter or, if
1463	1463	11 that date falls on a weekend or holiday, the business day
1464	1464	12 immediately succeeding the weekend or holiday and shall
1465	1465	13 receive the applications no later than March 15 or the
1466	1466	14 succeeding business day thereafter.
1467	1467	15 (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
1468	1468	16 (410 ILCS 705/40-25)
1469	1469	17 Sec. 40-25. Transporting organization requirements;
1470	1470	18 prohibitions.
1471	1471	19 (a) The operating documents of a transporting organization
1472	1472	20 shall include procedures for the oversight of the transporter,
1473	1473	21 an inventory monitoring system including a physical inventory
1474	1474	22 recorded weekly, accurate recordkeeping, and a staffing plan.
1475	1475	23 (b) A transporting organization may not transport cannabis
1476	1476	24 or cannabis-infused products to any person other than a
1477	1477	25 cultivation center, a craft grower, an infuser organization, a
1478	1478
1479	1479
1480	1480
1481	1481
1482	1482
1483	1483	HB4211 - 40 - LRB103 35162 RLC 65132 b
1484	1484
1485	1485
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1487	1487	HB4211 - 41 - LRB103 35162 RLC 65132 b
1488	1488	1 dispensing organization, a testing facility, a consolidated
1489	1489	2 transport center, or as otherwise authorized by rule.
1490	1490	3 (c) All cannabis transported by a transporting
1491	1491	4 organization must be entered into a data collection system and
1492	1492	5 placed into a cannabis container for transport.
1493	1493	6 (d) Transporters are subject to random inspections by the
1494	1494	7 Department of Agriculture, the Department of Public Health,
1495	1495	8 the Illinois State Police, or as provided by rule.
1496	1496	9 (e) A transporting organization agent shall notify local
1497	1497	10 law enforcement, the Illinois State Police, and the Department
1498	1498	11 of Agriculture within 24 hours of the discovery of any loss or
1499	1499	12 theft. Notification shall be made by phone, in person, or by
1500	1500	13 written or electronic communication.
1501	1501	14 (f) No person under the age of 21 years shall be in a
1502	1502	15 commercial vehicle or trailer transporting cannabis goods.
1503	1503	16 (g) No person or individual who is not a transporting
1504	1504	17 organization agent shall be in a vehicle while transporting
1505	1505	18 cannabis goods.
1506	1506	19 (h) Transporters may not use commercial motor vehicles
1507	1507	20 with a weight rating of over 10,001 pounds.
1508	1508	21 (i) It is unlawful for any person to offer or deliver
1509	1509	22 money, or anything else of value, directly or indirectly, to
1510	1510	23 any of the following persons to obtain preferential placement
1511	1511	24 within the dispensing organization, including, without
1512	1512	25 limitation, on shelves and in display cases where purchasers
1513	1513	26 can view products, or on the dispensing organization's
1514	1514
1515	1515
1516	1516
1517	1517
1518	1518
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1520	1520
1521	1521
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1523	1523	HB4211 - 42 - LRB103 35162 RLC 65132 b
1524	1524	1 website:
1525	1525	2 (1) a person having a transporting organization
1526	1526	3 license, or any officer, associate, member,
1527	1527	4 representative, or agent of the licensee;
1528	1528	5 (2) a person having an Early Applicant Adult Use
1529	1529	6 Dispensing Organization License, an Adult Use Dispensing
1530	1530	7 Organization License, or a medical cannabis dispensing
1531	1531	8 organization license issued under the Compassionate Use of
1532	1532	9 Medical Cannabis Program Act;
1533	1533	10 (3) a person connected with or in any way
1534	1534	11 representing, or a member of the family of, a person
1535	1535	12 holding an Early Applicant Adult Use Dispensing
1536	1536	13 Organization License, an Adult Use Dispensing Organization
1537	1537	14 License, or a medical cannabis dispensing organization
1538	1538	15 license issued under the Compassionate Use of Medical
1539	1539	16 Cannabis Program Act; or
1540	1540	17 (4) a stockholder, officer, manager, agent, or
1541	1541	18 representative of a corporation engaged in the retail sale
1542	1542	19 of cannabis, an Early Applicant Adult Use Dispensing
1543	1543	20 Organization License, an Adult Use Dispensing Organization
1544	1544	21 License, or a medical cannabis dispensing organization
1545	1545	22 license issued under the Compassionate Use of Medical
1546	1546	23 Cannabis Program Act.
1547	1547	24 (j) A transporting organization agent must keep his or her
1548	1548	25 identification card visible at all times when on the property
1549	1549	26 of a cannabis business establishment and during the
1550	1550
1551	1551
1552	1552
1553	1553
1554	1554
1555	1555	HB4211 - 42 - LRB103 35162 RLC 65132 b
1556	1556
1557	1557
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1559	1559	HB4211 - 43 - LRB103 35162 RLC 65132 b
1560	1560	1 transporting of cannabis when acting under his or her duties
1561	1561	2 as a transportation organization agent. During these times,
1562	1562	3 the transporting organization agent must also provide the
1563	1563	4 identification card upon request of any law enforcement
1564	1564	5 officer engaged in his or her official duties.
1565	1565	6 (k) A copy of the transporting organization's registration
1566	1566	7 and a manifest for the delivery shall be present in any vehicle
1567	1567	8 transporting cannabis.
1568	1568	9 (l) Cannabis shall be transported so it is not visible or
1569	1569	10 recognizable from outside the vehicle.
1570	1570	11 (m) A vehicle transporting cannabis must not bear any
1571	1571	12 markings to indicate the vehicle contains cannabis or bear the
1572	1572	13 name or logo of the cannabis business establishment.
1573	1573	14 (n) Cannabis must be transported in an enclosed, locked
1574	1574	15 storage compartment that is secured or affixed to the vehicle.
1575	1575	16 (o) The Department of Agriculture may, by rule, impose any
1576	1576	17 other requirements or prohibitions on the transportation of
1577	1577	18 cannabis.
1578	1578	19 (p) No person, cannabis business establishment, or entity
1579	1579	20 other than a licensed transportation organization shall
1580	1580	21 transport cannabis or cannabis-infused products on behalf of a
1581	1581	22 cannabis business establishment to or from a consolidated
1582	1582	23 transport center, unless otherwise authorized by rule.
1583	1583	24 (q) Cannabis business entities shall adhere to the
1584	1584	25 traceability and consumer protection guidelines established by
1585	1585	26 the Department of Agriculture when utilizing the cannabis
1586	1586
1587	1587
1588	1588
1589	1589
1590	1590
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1592	1592
1593	1593
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1595	1595	HB4211 - 44 - LRB103 35162 RLC 65132 b
1596	1596	1 plant monitoring system or cannabis transport GPS tracking
1597	1597	2 system.
1598	1598	3 (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
1599	1599	4 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff.
1600	1600	5 5-13-22.)
1601	1601	6 (410 ILCS 705/40-50 new)
1602	1602	7 Sec. 40-50. Consolidated transport center requirements;
1603	1603	8 prohibitions.
1604	1604	9 (a) The operating documents of a consolidated transport
1605	1605	10 center shall include procedures for the oversight of the
1606	1606	11 consolidated transport center and a cannabis or
1607	1607	12 cannabis-infused products monitoring system, including, a
1608	1608	13 physical inventory recorded weekly, accurate recordkeeping,
1609	1609	14 and a staffing plan that is available to the Department of
1610	1610	15 Revenue, the Department of Agriculture, the Department of
1611	1611	16 Financial and Professional Regulation, and the Illinois State
1612	1612	17 Police.
1613	1613	18 (b) A consolidated transport center shall implement a
1614	1614	19 security plan reviewed by the Illinois State Police that
1615	1615	20 includes, but is not limited to, facility access controls,
1616	1616	21 perimeter intrusion detection systems, personnel
1617	1617	22 identification systems, 24-hour surveillance system to monitor
1618	1618	23 the interior and exterior of the consolidated transport
1619	1619	24 center, and accessibility to authorized law enforcement and
1620	1620	25 the Department of Agriculture in real time.
1621	1621
1622	1622
1623	1623
1624	1624
1625	1625
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1627	1627
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1631	1631	1 (c) All consolidating transport center activities by a
1632	1632	2 consolidated transport center must take place in an enclosed,
1633	1633	3 fenced, and locked facility at the physical address provided
1634	1634	4 to the Department of Agriculture during the licensing process.
1635	1635	5 The consolidated transport center location shall only be
1636	1636	6 accessed by the agents working for the consolidated transport
1637	1637	7 center, the Department of Agriculture staff performing
1638	1638	8 inspections, local and State law enforcement or other
1639	1639	9 emergency personnel, contractors working on jobs unrelated to
1640	1640	10 cannabis, such as installing or maintaining security devices
1641	1641	11 or performing electrical wiring, transporting organization
1642	1642	12 agents as provided in this Act, individuals in a mentoring or
1643	1643	13 educational program approved by the State, or other
1644	1644	14 individuals as provided by rule.
1645	1645	15 (d) A consolidated transport center may not distribute any
1646	1646	16 cannabis or cannabis-infused products to any person other than
1647	1647	17 a dispensing organization, craft grower, infuser organization,
1648	1648	18 transporter, consolidated transport center, or as otherwise
1649	1649	19 authorized by rule.
1650	1650	20 (e) All cannabis or cannabis-infused products received by
1651	1651	21 a consolidated transport center for distribution to a cannabis
1652	1652	22 business establishment must be entered into the cannabis plant
1653	1653	23 monitoring system, packaged and labeled under Section 55-21,
1654	1654	24 and placed into a cannabis container for transport.
1655	1655	25 (f) Consolidated transport centers are subject to random
1656	1656	26 inspections by the Department of Agriculture, local safety or
1657	1657
1658	1658
1659	1659
1660	1660
1661	1661
1662	1662	HB4211 - 45 - LRB103 35162 RLC 65132 b
1663	1663
1664	1664
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1666	1666	HB4211 - 46 - LRB103 35162 RLC 65132 b
1667	1667	1 health inspectors, and the Illinois State Police.
1668	1668	2 (g) A consolidated transport center agent shall notify
1669	1669	3 local law enforcement, the Illinois State Police, and the
1670	1670	4 Department of Agriculture within 24 hours of the discovery of
1671	1671	5 any loss or theft. Notification shall be made by phone, in
1672	1672	6 person, or by written or electronic communication.
1673	1673	7 (h) No person or entity shall hold any legal, equitable,
1674	1674	8 ownership, or beneficial interest, directly or indirectly, of
1675	1675	9 more than 3 consolidated transport center licenses under this
1676	1676	10 Act. Further, no person or entity that is employed by a
1677	1677	11 cannabis business establishment, an agent of a cannabis
1678	1678	12 business establishment, has a contract to receive payment in
1679	1679	13 any form from a cannabis business establishment, is a
1680	1680	14 principal officer of a cannabis business establishment, or is
1681	1681	15 an entity controlled by or affiliated with a principal officer
1682	1682	16 of a cannabis business establishment shall hold any legal,
1683	1683	17 equitable, ownership, or beneficial interest, directly or
1684	1684	18 indirectly, in a cannabis business establishment that would
1685	1685	19 result in the person or entity owning or controlling in
1686	1686	20 combination with any cannabis business establishment,
1687	1687	21 principal officer of a cannabis business establishment, or
1688	1688	22 entity controlled or affiliated with a principal officer of a
1689	1689	23 cannabis business establishment by which he, she, or it is
1690	1690	24 employed, is an agent of, or participates in the management
1691	1691	25 of, more than 3 consolidated transport center licenses.
1692	1692	26 (i) It is unlawful for any person having a consolidated
1693	1693
1694	1694
1695	1695
1696	1696
1697	1697
1698	1698	HB4211 - 46 - LRB103 35162 RLC 65132 b
1699	1699
1700	1700
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1702	1702	HB4211 - 47 - LRB103 35162 RLC 65132 b
1703	1703	1 transport center license or any officer, associate, member,
1704	1704	2 representative, or agent of such licensee to offer or deliver
1705	1705	3 money, or anything else of value, directly or indirectly to
1706	1706	4 any person having an Early Approval Adult Use Dispensing
1707	1707	5 Organization License, a Conditional Adult Use Dispensing
1708	1708	6 Organization License, an Adult Use Dispensing Organization
1709	1709	7 License, or a medical cannabis dispensing organization license
1710	1710	8 issued under the Compassionate Use of Medical Cannabis Program
1711	1711	9 Act, or to any person connected with or in any way
1712	1712	10 representing, or to any member of the family of, such person
1713	1713	11 holding an Early Approval Adult Use Dispensing Organization
1714	1714	12 License, a Conditional Adult Use Dispensing Organization
1715	1715	13 License, an Adult Use Dispensing Organization License, or a
1716	1716	14 medical cannabis dispensing organization license issued under
1717	1717	15 the Compassionate Use of Medical Cannabis Program Act, or to
1718	1718	16 any stockholders in any corporation engaged in the retail sale
1719	1719	17 of cannabis, or to any officer, manager, agent, or
1720	1720	18 representative of the Early Approval Adult Use Dispensing
1721	1721	19 Organization License, a Conditional Adult Use Dispensing
1722	1722	20 Organization License, an Adult Use Dispensing Organization
1723	1723	21 License, or a medical cannabis dispensing organization license
1724	1724	22 issued under the Compassionate Use of Medical Cannabis Program
1725	1725	23 Act to obtain preferential placement within the dispensing
1726	1726	24 organization, including, without limitation, on shelves and in
1727	1727	25 display cases where purchasers can view products, or on the
1728	1728	26 dispensing organization's website.
1729	1729
1730	1730
1731	1731
1732	1732
1733	1733
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1735	1735
1736	1736
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1738	1738	HB4211 - 48 - LRB103 35162 RLC 65132 b
1739	1739	1 (j) A consolidated transport center must comply with the
1740	1740	2 application process, mandatory fees, compliance requirements,
1741	1741	3 and prohibitions set by administrative rules of the Department
1742	1742	4 of Agriculture.
1743	1743	5 (k) All fees and fines collected under this Section shall
1744	1744	6 be deposited into the Cannabis Regulation Fund, unless
1745	1745	7 otherwise specified by rule by the Department of Agriculture.
1746	1746	8 (l) A consolidated transport center may not transfer an
1747	1747	9 ownership interest in a license without prior Department
1748	1748	10 approval. Such approval may be withheld if the person or
1749	1749	11 entity to whom the license is being transferred does not meet
1750	1750	12 the definition of independent social equity transporting
1751	1751	13 organization under this Act.
1752	1752
1753	1753
1754	1754
1755	1755
1756	1756
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