IL
Illinois Senate Bill SB2550

Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2550 Compare Versions

Only one version of the bill is available at this time.
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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2550 Introduced 3/21/2023, by Sen. Celina Villanueva SYNOPSIS AS INTRODUCED: 410 ILCS 705/1-10 Amends the Cannabis Regulation and Tax Act. Provides that a craft grower may contain canopy space on its premises for plants in the flowering state of up to 14,000 square feet (rather than a craft grower may contain canopy space on its premises for plants in the flowering state of up to 5,000 square feet unless the Department of Agriculture authorizes an increase in flowering stage cultivation space in increments of 3,000 up to 14,000 square feet). LRB103 29357 AWJ 55745 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2550 Introduced 3/21/2023, by Sen. Celina Villanueva SYNOPSIS AS INTRODUCED: 410 ILCS 705/1-10 410 ILCS 705/1-10 Amends the Cannabis Regulation and Tax Act. Provides that a craft grower may contain canopy space on its premises for plants in the flowering state of up to 14,000 square feet (rather than a craft grower may contain canopy space on its premises for plants in the flowering state of up to 5,000 square feet unless the Department of Agriculture authorizes an increase in flowering stage cultivation space in increments of 3,000 up to 14,000 square feet). LRB103 29357 AWJ 55745 b LRB103 29357 AWJ 55745 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2550 Introduced 3/21/2023, by Sen. Celina Villanueva SYNOPSIS AS INTRODUCED:
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55 Amends the Cannabis Regulation and Tax Act. Provides that a craft grower may contain canopy space on its premises for plants in the flowering state of up to 14,000 square feet (rather than a craft grower may contain canopy space on its premises for plants in the flowering state of up to 5,000 square feet unless the Department of Agriculture authorizes an increase in flowering stage cultivation space in increments of 3,000 up to 14,000 square feet).
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1111 1 AN ACT concerning health.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Cannabis Regulation and Tax Act is amended
1515 5 by changing Section 1-10 as follows:
1616 6 (410 ILCS 705/1-10)
1717 7 Sec. 1-10. Definitions. In this Act:
1818 8 "Adult Use Cultivation Center License" means a license
1919 9 issued by the Department of Agriculture that permits a person
2020 10 to act as a cultivation center under this Act and any
2121 11 administrative rule made in furtherance of this Act.
2222 12 "Adult Use Dispensing Organization License" means a
2323 13 license issued by the Department of Financial and Professional
2424 14 Regulation that permits a person to act as a dispensing
2525 15 organization under this Act and any administrative rule made
2626 16 in furtherance of this Act.
2727 17 "Advertise" means to engage in promotional activities
2828 18 including, but not limited to: newspaper, radio, Internet and
2929 19 electronic media, and television advertising; the distribution
3030 20 of fliers and circulars; billboard advertising; and the
3131 21 display of window and interior signs. "Advertise" does not
3232 22 mean exterior signage displaying only the name of the licensed
3333 23 cannabis business establishment.
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3838 410 ILCS 705/1-10 410 ILCS 705/1-10
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4040 Amends the Cannabis Regulation and Tax Act. Provides that a craft grower may contain canopy space on its premises for plants in the flowering state of up to 14,000 square feet (rather than a craft grower may contain canopy space on its premises for plants in the flowering state of up to 5,000 square feet unless the Department of Agriculture authorizes an increase in flowering stage cultivation space in increments of 3,000 up to 14,000 square feet).
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6868 1 "Application points" means the number of points a
6969 2 Dispensary Applicant receives on an application for a
7070 3 Conditional Adult Use Dispensing Organization License.
7171 4 "BLS Region" means a region in Illinois used by the United
7272 5 States Bureau of Labor Statistics to gather and categorize
7373 6 certain employment and wage data. The 17 such regions in
7474 7 Illinois are: Bloomington, Cape Girardeau, Carbondale-Marion,
7575 8 Champaign-Urbana, Chicago-Naperville-Elgin, Danville,
7676 9 Davenport-Moline-Rock Island, Decatur, Kankakee, Peoria,
7777 10 Rockford, St. Louis, Springfield, Northwest Illinois
7878 11 nonmetropolitan area, West Central Illinois nonmetropolitan
7979 12 area, East Central Illinois nonmetropolitan area, and South
8080 13 Illinois nonmetropolitan area.
8181 14 "By lot" means a randomized method of choosing between 2
8282 15 or more Eligible Tied Applicants or 2 or more Qualifying
8383 16 Applicants.
8484 17 "Cannabis" means marijuana, hashish, and other substances
8585 18 that are identified as including any parts of the plant
8686 19 Cannabis sativa and including derivatives or subspecies, such
8787 20 as indica, of all strains of cannabis, whether growing or not;
8888 21 the seeds thereof, the resin extracted from any part of the
8989 22 plant; and any compound, manufacture, salt, derivative,
9090 23 mixture, or preparation of the plant, its seeds, or resin,
9191 24 including tetrahydrocannabinol (THC) and all other naturally
9292 25 produced cannabinol derivatives, whether produced directly or
9393 26 indirectly by extraction; however, "cannabis" does not include
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104104 1 the mature stalks of the plant, fiber produced from the
105105 2 stalks, oil or cake made from the seeds of the plant, any other
106106 3 compound, manufacture, salt, derivative, mixture, or
107107 4 preparation of the mature stalks (except the resin extracted
108108 5 from it), fiber, oil or cake, or the sterilized seed of the
109109 6 plant that is incapable of germination. "Cannabis" does not
110110 7 include industrial hemp as defined and authorized under the
111111 8 Industrial Hemp Act. "Cannabis" also means cannabis flower,
112112 9 concentrate, and cannabis-infused products.
113113 10 "Cannabis business establishment" means a cultivation
114114 11 center, craft grower, processing organization, infuser
115115 12 organization, dispensing organization, or transporting
116116 13 organization.
117117 14 "Cannabis concentrate" means a product derived from
118118 15 cannabis that is produced by extracting cannabinoids,
119119 16 including tetrahydrocannabinol (THC), from the plant through
120120 17 the use of propylene glycol, glycerin, butter, olive oil, or
121121 18 other typical cooking fats; water, ice, or dry ice; or butane,
122122 19 propane, CO2, ethanol, or isopropanol and with the intended
123123 20 use of smoking or making a cannabis-infused product. The use
124124 21 of any other solvent is expressly prohibited unless and until
125125 22 it is approved by the Department of Agriculture.
126126 23 "Cannabis container" means a sealed or resealable,
127127 24 traceable, container, or package used for the purpose of
128128 25 containment of cannabis or cannabis-infused product during
129129 26 transportation.
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140140 1 "Cannabis flower" means marijuana, hashish, and other
141141 2 substances that are identified as including any parts of the
142142 3 plant Cannabis sativa and including derivatives or subspecies,
143143 4 such as indica, of all strains of cannabis; including raw
144144 5 kief, leaves, and buds, but not resin that has been extracted
145145 6 from any part of such plant; nor any compound, manufacture,
146146 7 salt, derivative, mixture, or preparation of such plant, its
147147 8 seeds, or resin.
148148 9 "Cannabis-infused product" means a beverage, food, oil,
149149 10 ointment, tincture, topical formulation, or another product
150150 11 containing cannabis or cannabis concentrate that is not
151151 12 intended to be smoked.
152152 13 "Cannabis paraphernalia" means equipment, products, or
153153 14 materials intended to be used for planting, propagating,
154154 15 cultivating, growing, harvesting, manufacturing, producing,
155155 16 processing, preparing, testing, analyzing, packaging,
156156 17 repackaging, storing, containing, concealing, ingesting, or
157157 18 otherwise introducing cannabis into the human body.
158158 19 "Cannabis plant monitoring system" or "plant monitoring
159159 20 system" means a system that includes, but is not limited to,
160160 21 testing and data collection established and maintained by the
161161 22 cultivation center, craft grower, or processing organization
162162 23 and that is available to the Department of Revenue, the
163163 24 Department of Agriculture, the Department of Financial and
164164 25 Professional Regulation, and the Illinois State Police for the
165165 26 purposes of documenting each cannabis plant and monitoring
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176176 1 plant development throughout the life cycle of a cannabis
177177 2 plant cultivated for the intended use by a customer from seed
178178 3 planting to final packaging.
179179 4 "Cannabis testing facility" means an entity registered by
180180 5 the Department of Agriculture to test cannabis for potency and
181181 6 contaminants.
182182 7 "Clone" means a plant section from a female cannabis plant
183183 8 not yet rootbound, growing in a water solution or other
184184 9 propagation matrix, that is capable of developing into a new
185185 10 plant.
186186 11 "Community College Cannabis Vocational Training Pilot
187187 12 Program faculty participant" means a person who is 21 years of
188188 13 age or older, licensed by the Department of Agriculture, and
189189 14 is employed or contracted by an Illinois community college to
190190 15 provide student instruction using cannabis plants at an
191191 16 Illinois Community College.
192192 17 "Community College Cannabis Vocational Training Pilot
193193 18 Program faculty participant Agent Identification Card" means a
194194 19 document issued by the Department of Agriculture that
195195 20 identifies a person as a Community College Cannabis Vocational
196196 21 Training Pilot Program faculty participant.
197197 22 "Conditional Adult Use Dispensing Organization License"
198198 23 means a contingent license awarded to applicants for an Adult
199199 24 Use Dispensing Organization License that reserves the right to
200200 25 an Adult Use Dispensing Organization License if the applicant
201201 26 meets certain conditions described in this Act, but does not
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212212 1 entitle the recipient to begin purchasing or selling cannabis
213213 2 or cannabis-infused products.
214214 3 "Conditional Adult Use Cultivation Center License" means a
215215 4 license awarded to top-scoring applicants for an Adult Use
216216 5 Cultivation Center License that reserves the right to an Adult
217217 6 Use Cultivation Center License if the applicant meets certain
218218 7 conditions as determined by the Department of Agriculture by
219219 8 rule, but does not entitle the recipient to begin growing,
220220 9 processing, or selling cannabis or cannabis-infused products.
221221 10 "Craft grower" means a facility operated by an
222222 11 organization or business that is licensed by the Department of
223223 12 Agriculture to cultivate, dry, cure, and package cannabis and
224224 13 perform other necessary activities to make cannabis available
225225 14 for sale at a dispensing organization or use at a processing
226226 15 organization. A craft grower may contain up to 14,000 5,000
227227 16 square feet of canopy space on its premises for plants in the
228228 17 flowering state. Plants in the flowering stage The Department
229229 18 of Agriculture may authorize an increase or decrease of
230230 19 flowering stage cultivation space in increments of 3,000
231231 20 square feet by rule based on market need, craft grower
232232 21 capacity, and the licensee's history of compliance or
233233 22 noncompliance, with a maximum space of 14,000 square feet for
234234 23 cultivating plants in the flowering stage, which must be
235235 24 cultivated in all stages of growth in an enclosed and secure
236236 25 area. A craft grower may share premises with a processing
237237 26 organization or a dispensing organization, or both, provided
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248248 1 each licensee stores currency and cannabis or cannabis-infused
249249 2 products in a separate secured vault to which the other
250250 3 licensee does not have access or all licensees sharing a vault
251251 4 share more than 50% of the same ownership.
252252 5 "Craft grower agent" means a principal officer, board
253253 6 member, employee, or other agent of a craft grower who is 21
254254 7 years of age or older.
255255 8 "Craft Grower Agent Identification Card" means a document
256256 9 issued by the Department of Agriculture that identifies a
257257 10 person as a craft grower agent.
258258 11 "Cultivation center" means a facility operated by an
259259 12 organization or business that is licensed by the Department of
260260 13 Agriculture to cultivate, process, transport (unless otherwise
261261 14 limited by this Act), and perform other necessary activities
262262 15 to provide cannabis and cannabis-infused products to cannabis
263263 16 business establishments.
264264 17 "Cultivation center agent" means a principal officer,
265265 18 board member, employee, or other agent of a cultivation center
266266 19 who is 21 years of age or older.
267267 20 "Cultivation Center Agent Identification Card" means a
268268 21 document issued by the Department of Agriculture that
269269 22 identifies a person as a cultivation center agent.
270270 23 "Currency" means currency and coin of the United States.
271271 24 "Dispensary" means a facility operated by a dispensing
272272 25 organization at which activities licensed by this Act may
273273 26 occur.
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284284 1 "Dispensary Applicant" means the Proposed Dispensing
285285 2 Organization Name as stated on an application for a
286286 3 Conditional Adult Use Dispensing Organization License.
287287 4 "Dispensing organization" means a facility operated by an
288288 5 organization or business that is licensed by the Department of
289289 6 Financial and Professional Regulation to acquire cannabis from
290290 7 a cultivation center, craft grower, processing organization,
291291 8 or another dispensary for the purpose of selling or dispensing
292292 9 cannabis, cannabis-infused products, cannabis seeds,
293293 10 paraphernalia, or related supplies under this Act to
294294 11 purchasers or to qualified registered medical cannabis
295295 12 patients and caregivers. As used in this Act, "dispensing
296296 13 organization" includes a registered medical cannabis
297297 14 organization as defined in the Compassionate Use of Medical
298298 15 Cannabis Program Act or its successor Act that has obtained an
299299 16 Early Approval Adult Use Dispensing Organization License.
300300 17 "Dispensing organization agent" means a principal officer,
301301 18 employee, or agent of a dispensing organization who is 21
302302 19 years of age or older.
303303 20 "Dispensing organization agent identification card" means
304304 21 a document issued by the Department of Financial and
305305 22 Professional Regulation that identifies a person as a
306306 23 dispensing organization agent.
307307 24 "Disproportionately Impacted Area" means a census tract or
308308 25 comparable geographic area that satisfies the following
309309 26 criteria as determined by the Department of Commerce and
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320320 1 Economic Opportunity, that:
321321 2 (1) meets at least one of the following criteria:
322322 3 (A) the area has a poverty rate of at least 20%
323323 4 according to the latest federal decennial census; or
324324 5 (B) 75% or more of the children in the area
325325 6 participate in the federal free lunch program
326326 7 according to reported statistics from the State Board
327327 8 of Education; or
328328 9 (C) at least 20% of the households in the area
329329 10 receive assistance under the Supplemental Nutrition
330330 11 Assistance Program; or
331331 12 (D) the area has an average unemployment rate, as
332332 13 determined by the Illinois Department of Employment
333333 14 Security, that is more than 120% of the national
334334 15 unemployment average, as determined by the United
335335 16 States Department of Labor, for a period of at least 2
336336 17 consecutive calendar years preceding the date of the
337337 18 application; and
338338 19 (2) has high rates of arrest, conviction, and
339339 20 incarceration related to the sale, possession, use,
340340 21 cultivation, manufacture, or transport of cannabis.
341341 22 "Early Approval Adult Use Cultivation Center License"
342342 23 means a license that permits a medical cannabis cultivation
343343 24 center licensed under the Compassionate Use of Medical
344344 25 Cannabis Program Act as of the effective date of this Act to
345345 26 begin cultivating, infusing, packaging, transporting (unless
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356356 1 otherwise provided in this Act), processing, and selling
357357 2 cannabis or cannabis-infused product to cannabis business
358358 3 establishments for resale to purchasers as permitted by this
359359 4 Act as of January 1, 2020.
360360 5 "Early Approval Adult Use Dispensing Organization License"
361361 6 means a license that permits a medical cannabis dispensing
362362 7 organization licensed under the Compassionate Use of Medical
363363 8 Cannabis Program Act as of the effective date of this Act to
364364 9 begin selling cannabis or cannabis-infused product to
365365 10 purchasers as permitted by this Act as of January 1, 2020.
366366 11 "Early Approval Adult Use Dispensing Organization at a
367367 12 secondary site" means a license that permits a medical
368368 13 cannabis dispensing organization licensed under the
369369 14 Compassionate Use of Medical Cannabis Program Act as of the
370370 15 effective date of this Act to begin selling cannabis or
371371 16 cannabis-infused product to purchasers as permitted by this
372372 17 Act on January 1, 2020 at a different dispensary location from
373373 18 its existing registered medical dispensary location.
374374 19 "Eligible Tied Applicant" means a Tied Applicant that is
375375 20 eligible to participate in the process by which a remaining
376376 21 available license is distributed by lot pursuant to a Tied
377377 22 Applicant Lottery.
378378 23 "Enclosed, locked facility" means a room, greenhouse,
379379 24 building, or other enclosed area equipped with locks or other
380380 25 security devices that permit access only by cannabis business
381381 26 establishment agents working for the licensed cannabis
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392392 1 business establishment or acting pursuant to this Act to
393393 2 cultivate, process, store, or distribute cannabis.
394394 3 "Enclosed, locked space" means a closet, room, greenhouse,
395395 4 building, or other enclosed area equipped with locks or other
396396 5 security devices that permit access only by authorized
397397 6 individuals under this Act. "Enclosed, locked space" may
398398 7 include:
399399 8 (1) a space within a residential building that (i) is
400400 9 the primary residence of the individual cultivating 5 or
401401 10 fewer cannabis plants that are more than 5 inches tall and
402402 11 (ii) includes sleeping quarters and indoor plumbing. The
403403 12 space must only be accessible by a key or code that is
404404 13 different from any key or code that can be used to access
405405 14 the residential building from the exterior; or
406406 15 (2) a structure, such as a shed or greenhouse, that
407407 16 lies on the same plot of land as a residential building
408408 17 that (i) includes sleeping quarters and indoor plumbing
409409 18 and (ii) is used as a primary residence by the person
410410 19 cultivating 5 or fewer cannabis plants that are more than
411411 20 5 inches tall, such as a shed or greenhouse. The structure
412412 21 must remain locked when it is unoccupied by people.
413413 22 "Financial institution" has the same meaning as "financial
414414 23 organization" as defined in Section 1501 of the Illinois
415415 24 Income Tax Act, and also includes the holding companies,
416416 25 subsidiaries, and affiliates of such financial organizations.
417417 26 "Flowering stage" means the stage of cultivation where and
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428428 1 when a cannabis plant is cultivated to produce plant material
429429 2 for cannabis products. This includes mature plants as follows:
430430 3 (1) if greater than 2 stigmas are visible at each
431431 4 internode of the plant; or
432432 5 (2) if the cannabis plant is in an area that has been
433433 6 intentionally deprived of light for a period of time
434434 7 intended to produce flower buds and induce maturation,
435435 8 from the moment the light deprivation began through the
436436 9 remainder of the marijuana plant growth cycle.
437437 10 "Individual" means a natural person.
438438 11 "Infuser organization" or "infuser" means a facility
439439 12 operated by an organization or business that is licensed by
440440 13 the Department of Agriculture to directly incorporate cannabis
441441 14 or cannabis concentrate into a product formulation to produce
442442 15 a cannabis-infused product.
443443 16 "Kief" means the resinous crystal-like trichomes that are
444444 17 found on cannabis and that are accumulated, resulting in a
445445 18 higher concentration of cannabinoids, untreated by heat or
446446 19 pressure, or extracted using a solvent.
447447 20 "Labor peace agreement" means an agreement between a
448448 21 cannabis business establishment and any labor organization
449449 22 recognized under the National Labor Relations Act, referred to
450450 23 in this Act as a bona fide labor organization, that prohibits
451451 24 labor organizations and members from engaging in picketing,
452452 25 work stoppages, boycotts, and any other economic interference
453453 26 with the cannabis business establishment. This agreement means
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464464 1 that the cannabis business establishment has agreed not to
465465 2 disrupt efforts by the bona fide labor organization to
466466 3 communicate with, and attempt to organize and represent, the
467467 4 cannabis business establishment's employees. The agreement
468468 5 shall provide a bona fide labor organization access at
469469 6 reasonable times to areas in which the cannabis business
470470 7 establishment's employees work, for the purpose of meeting
471471 8 with employees to discuss their right to representation,
472472 9 employment rights under State law, and terms and conditions of
473473 10 employment. This type of agreement shall not mandate a
474474 11 particular method of election or certification of the bona
475475 12 fide labor organization.
476476 13 "Limited access area" means a room or other area under the
477477 14 control of a cannabis dispensing organization licensed under
478478 15 this Act and upon the licensed premises where cannabis sales
479479 16 occur with access limited to purchasers, dispensing
480480 17 organization owners and other dispensing organization agents,
481481 18 or service professionals conducting business with the
482482 19 dispensing organization, or, if sales to registered qualifying
483483 20 patients, caregivers, provisional patients, and Opioid
484484 21 Alternative Pilot Program participants licensed pursuant to
485485 22 the Compassionate Use of Medical Cannabis Program Act are also
486486 23 permitted at the dispensary, registered qualifying patients,
487487 24 caregivers, provisional patients, and Opioid Alternative Pilot
488488 25 Program participants.
489489 26 "Member of an impacted family" means an individual who has
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500500 1 a parent, legal guardian, child, spouse, or dependent, or was
501501 2 a dependent of an individual who, prior to the effective date
502502 3 of this Act, was arrested for, convicted of, or adjudicated
503503 4 delinquent for any offense that is eligible for expungement
504504 5 under this Act.
505505 6 "Mother plant" means a cannabis plant that is cultivated
506506 7 or maintained for the purpose of generating clones, and that
507507 8 will not be used to produce plant material for sale to an
508508 9 infuser or dispensing organization.
509509 10 "Ordinary public view" means within the sight line with
510510 11 normal visual range of a person, unassisted by visual aids,
511511 12 from a public street or sidewalk adjacent to real property, or
512512 13 from within an adjacent property.
513513 14 "Ownership and control" means ownership of at least 51% of
514514 15 the business, including corporate stock if a corporation, and
515515 16 control over the management and day-to-day operations of the
516516 17 business and an interest in the capital, assets, and profits
517517 18 and losses of the business proportionate to percentage of
518518 19 ownership.
519519 20 "Person" means a natural individual, firm, partnership,
520520 21 association, joint stock company, joint venture, public or
521521 22 private corporation, limited liability company, or a receiver,
522522 23 executor, trustee, guardian, or other representative appointed
523523 24 by order of any court.
524524 25 "Possession limit" means the amount of cannabis under
525525 26 Section 10-10 that may be possessed at any one time by a person
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536536 1 21 years of age or older or who is a registered qualifying
537537 2 medical cannabis patient or caregiver under the Compassionate
538538 3 Use of Medical Cannabis Program Act.
539539 4 "Principal officer" includes a cannabis business
540540 5 establishment applicant or licensed cannabis business
541541 6 establishment's board member, owner with more than 1% interest
542542 7 of the total cannabis business establishment or more than 5%
543543 8 interest of the total cannabis business establishment of a
544544 9 publicly traded company, president, vice president, secretary,
545545 10 treasurer, partner, officer, member, manager member, or person
546546 11 with a profit sharing, financial interest, or revenue sharing
547547 12 arrangement. The definition includes a person with authority
548548 13 to control the cannabis business establishment, a person who
549549 14 assumes responsibility for the debts of the cannabis business
550550 15 establishment and who is further defined in this Act.
551551 16 "Primary residence" means a dwelling where a person
552552 17 usually stays or stays more often than other locations. It may
553553 18 be determined by, without limitation, presence, tax filings;
554554 19 address on an Illinois driver's license, an Illinois
555555 20 Identification Card, or an Illinois Person with a Disability
556556 21 Identification Card; or voter registration. No person may have
557557 22 more than one primary residence.
558558 23 "Processing organization" or "processor" means a facility
559559 24 operated by an organization or business that is licensed by
560560 25 the Department of Agriculture to either extract constituent
561561 26 chemicals or compounds to produce cannabis concentrate or
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572572 1 incorporate cannabis or cannabis concentrate into a product
573573 2 formulation to produce a cannabis product.
574574 3 "Processing organization agent" means a principal officer,
575575 4 board member, employee, or agent of a processing organization.
576576 5 "Processing organization agent identification card" means
577577 6 a document issued by the Department of Agriculture that
578578 7 identifies a person as a processing organization agent.
579579 8 "Purchaser" means a person 21 years of age or older who
580580 9 acquires cannabis for a valuable consideration. "Purchaser"
581581 10 does not include a cardholder under the Compassionate Use of
582582 11 Medical Cannabis Program Act.
583583 12 "Qualifying Applicant" means an applicant that submitted
584584 13 an application pursuant to Section 15-30 that received at
585585 14 least 85% of 250 application points available under Section
586586 15 15-30 as the applicant's final score and meets the definition
587587 16 of "Social Equity Applicant" as set forth under this Section.
588588 17 "Qualifying Social Equity Justice Involved Applicant"
589589 18 means an applicant that submitted an application pursuant to
590590 19 Section 15-30 that received at least 85% of 250 application
591591 20 points available under Section 15-30 as the applicant's final
592592 21 score and meets the criteria of either paragraph (1) or (2) of
593593 22 the definition of "Social Equity Applicant" as set forth under
594594 23 this Section.
595595 24 "Qualified Social Equity Applicant" means a Social Equity
596596 25 Applicant who has been awarded a conditional license under
597597 26 this Act to operate a cannabis business establishment.
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608608 1 "Resided" means an individual's primary residence was
609609 2 located within the relevant geographic area as established by
610610 3 2 of the following:
611611 4 (1) a signed lease agreement that includes the
612612 5 applicant's name;
613613 6 (2) a property deed that includes the applicant's
614614 7 name;
615615 8 (3) school records;
616616 9 (4) a voter registration card;
617617 10 (5) an Illinois driver's license, an Illinois
618618 11 Identification Card, or an Illinois Person with a
619619 12 Disability Identification Card;
620620 13 (6) a paycheck stub;
621621 14 (7) a utility bill;
622622 15 (8) tax records; or
623623 16 (9) any other proof of residency or other information
624624 17 necessary to establish residence as provided by rule.
625625 18 "Smoking" means the inhalation of smoke caused by the
626626 19 combustion of cannabis.
627627 20 "Social Equity Applicant" means an applicant that is an
628628 21 Illinois resident that meets one of the following criteria:
629629 22 (1) an applicant with at least 51% ownership and
630630 23 control by one or more individuals who have resided for at
631631 24 least 5 of the preceding 10 years in a Disproportionately
632632 25 Impacted Area;
633633 26 (2) an applicant with at least 51% ownership and
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644644 1 control by one or more individuals who:
645645 2 (i) have been arrested for, convicted of, or
646646 3 adjudicated delinquent for any offense that is
647647 4 eligible for expungement under this Act; or
648648 5 (ii) is a member of an impacted family;
649649 6 (3) for applicants with a minimum of 10 full-time
650650 7 employees, an applicant with at least 51% of current
651651 8 employees who:
652652 9 (i) currently reside in a Disproportionately
653653 10 Impacted Area; or
654654 11 (ii) have been arrested for, convicted of, or
655655 12 adjudicated delinquent for any offense that is
656656 13 eligible for expungement under this Act or member of
657657 14 an impacted family.
658658 15 Nothing in this Act shall be construed to preempt or limit
659659 16 the duties of any employer under the Job Opportunities for
660660 17 Qualified Applicants Act. Nothing in this Act shall permit an
661661 18 employer to require an employee to disclose sealed or expunged
662662 19 offenses, unless otherwise required by law.
663663 20 "Tied Applicant" means an application submitted by a
664664 21 Dispensary Applicant pursuant to Section 15-30 that received
665665 22 the same number of application points under Section 15-30 as
666666 23 the Dispensary Applicant's final score as one or more
667667 24 top-scoring applications in the same BLS Region and would have
668668 25 been awarded a license but for the one or more other
669669 26 top-scoring applications that received the same number of
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680680 1 application points. Each application for which a Dispensary
681681 2 Applicant was required to pay a required application fee for
682682 3 the application period ending January 2, 2020 shall be
683683 4 considered an application of a separate Tied Applicant.
684684 5 "Tied Applicant Lottery" means the process established
685685 6 under 68 Ill. Adm. Code 1291.50 for awarding Conditional Adult
686686 7 Use Dispensing Organization Licenses pursuant to Sections
687687 8 15-25 and 15-30 among Eligible Tied Applicants.
688688 9 "Tincture" means a cannabis-infused solution, typically
689689 10 comprised of alcohol, glycerin, or vegetable oils, derived
690690 11 either directly from the cannabis plant or from a processed
691691 12 cannabis extract. A tincture is not an alcoholic liquor as
692692 13 defined in the Liquor Control Act of 1934. A tincture shall
693693 14 include a calibrated dropper or other similar device capable
694694 15 of accurately measuring servings.
695695 16 "Transporting organization" or "transporter" means an
696696 17 organization or business that is licensed by the Department of
697697 18 Agriculture to transport cannabis or cannabis-infused product
698698 19 on behalf of a cannabis business establishment or a community
699699 20 college licensed under the Community College Cannabis
700700 21 Vocational Training Pilot Program.
701701 22 "Transporting organization agent" means a principal
702702 23 officer, board member, employee, or agent of a transporting
703703 24 organization.
704704 25 "Transporting organization agent identification card"
705705 26 means a document issued by the Department of Agriculture that
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716716 1 identifies a person as a transporting organization agent.
717717 2 "Unit of local government" means any county, city,
718718 3 village, or incorporated town.
719719 4 "Vegetative stage" means the stage of cultivation in which
720720 5 a cannabis plant is propagated to produce additional cannabis
721721 6 plants or reach a sufficient size for production. This
722722 7 includes seedlings, clones, mothers, and other immature
723723 8 cannabis plants as follows:
724724 9 (1) if the cannabis plant is in an area that has not
725725 10 been intentionally deprived of light for a period of time
726726 11 intended to produce flower buds and induce maturation, it
727727 12 has no more than 2 stigmas visible at each internode of the
728728 13 cannabis plant; or
729729 14 (2) any cannabis plant that is cultivated solely for
730730 15 the purpose of propagating clones and is never used to
731731 16 produce cannabis.
732732 17 (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
733733 18 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff.
734734 19 5-13-22.)
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