Illinois 2025-2026 Regular Session

Illinois House Bill HB2343 Compare Versions

Only one version of the bill is available at this time.

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1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2343 Introduced , by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED: See Index Amends the Compassionate Use of Medical Cannabis Program Act. Provides that the Department of Financial and Professional Regulation and the Department of Agriculture may share with the Department of Commerce and Economic Opportunity any licensee information necessary to support the administration of social equity programming. Amends the Cannabis Regulation and Tax Act. Adds a definition. In various provisions, adds Social Equity Lottery Licensees to provisions that include Social Equity Applicants. Provides that the Cannabis Business Development Fund shall be exclusively used for certain purposes, to include providing financial assistance to support lending to, or private investment in, Qualified Social Equity Applicants and Social Equity Lottery Licensees, or to facilitate access to the facilities needed to commence operations as a cannabis business establishment. In provisions regarding loans and grants to Social Equity Applicants, adds financial assistance to provisions that include loans and grants. Provides that the Department of Commerce and Economic Opportunity has the power to enter into financial intermediary agreements to facilitate lending to or investment in Qualified Social Equity Applicants, Social Equity Lottery Licensees, or their subsidiaries or affiliates, to ensure the availability of facilities necessary to operate a cannabis business establishment. Provides that certain loans made shall contain terms and provisions with respect to forgiveness. Provides that those loans also may be distributed by lot if the Department of Commerce and Economic Opportunity determines that the amount of funding available is insufficient. Provides that, to the extent registration with the federal System for Award Management requires a grant applicant to certify compliance with all federal laws, the grant applicants shall not be required to register for a unique entity identifier through the federal System for Award Management. Makes other and conforming changes. LRB104 03587 BDA 13611 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2343 Introduced , by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED: See Index See Index Amends the Compassionate Use of Medical Cannabis Program Act. Provides that the Department of Financial and Professional Regulation and the Department of Agriculture may share with the Department of Commerce and Economic Opportunity any licensee information necessary to support the administration of social equity programming. Amends the Cannabis Regulation and Tax Act. Adds a definition. In various provisions, adds Social Equity Lottery Licensees to provisions that include Social Equity Applicants. Provides that the Cannabis Business Development Fund shall be exclusively used for certain purposes, to include providing financial assistance to support lending to, or private investment in, Qualified Social Equity Applicants and Social Equity Lottery Licensees, or to facilitate access to the facilities needed to commence operations as a cannabis business establishment. In provisions regarding loans and grants to Social Equity Applicants, adds financial assistance to provisions that include loans and grants. Provides that the Department of Commerce and Economic Opportunity has the power to enter into financial intermediary agreements to facilitate lending to or investment in Qualified Social Equity Applicants, Social Equity Lottery Licensees, or their subsidiaries or affiliates, to ensure the availability of facilities necessary to operate a cannabis business establishment. Provides that certain loans made shall contain terms and provisions with respect to forgiveness. Provides that those loans also may be distributed by lot if the Department of Commerce and Economic Opportunity determines that the amount of funding available is insufficient. Provides that, to the extent registration with the federal System for Award Management requires a grant applicant to certify compliance with all federal laws, the grant applicants shall not be required to register for a unique entity identifier through the federal System for Award Management. Makes other and conforming changes. LRB104 03587 BDA 13611 b LRB104 03587 BDA 13611 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2343 Introduced , by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED:
3	3	See Index See Index
4	4	See Index
5	5	Amends the Compassionate Use of Medical Cannabis Program Act. Provides that the Department of Financial and Professional Regulation and the Department of Agriculture may share with the Department of Commerce and Economic Opportunity any licensee information necessary to support the administration of social equity programming. Amends the Cannabis Regulation and Tax Act. Adds a definition. In various provisions, adds Social Equity Lottery Licensees to provisions that include Social Equity Applicants. Provides that the Cannabis Business Development Fund shall be exclusively used for certain purposes, to include providing financial assistance to support lending to, or private investment in, Qualified Social Equity Applicants and Social Equity Lottery Licensees, or to facilitate access to the facilities needed to commence operations as a cannabis business establishment. In provisions regarding loans and grants to Social Equity Applicants, adds financial assistance to provisions that include loans and grants. Provides that the Department of Commerce and Economic Opportunity has the power to enter into financial intermediary agreements to facilitate lending to or investment in Qualified Social Equity Applicants, Social Equity Lottery Licensees, or their subsidiaries or affiliates, to ensure the availability of facilities necessary to operate a cannabis business establishment. Provides that certain loans made shall contain terms and provisions with respect to forgiveness. Provides that those loans also may be distributed by lot if the Department of Commerce and Economic Opportunity determines that the amount of funding available is insufficient. Provides that, to the extent registration with the federal System for Award Management requires a grant applicant to certify compliance with all federal laws, the grant applicants shall not be required to register for a unique entity identifier through the federal System for Award Management. Makes other and conforming changes.
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8	8	A BILL FOR
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11	11	1 AN ACT concerning health.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Compassionate Use of Medical Cannabis
15	15	5 Program Act is amended by changing Section 145 as follows:
16	16	6 (410 ILCS 130/145)
17	17	7 Sec. 145. Confidentiality.
18	18	8 (a) The following information received and records kept by
19	19	9 the Department of Public Health, Department of Financial and
20	20	10 Professional Regulation, Department of Agriculture, or
21	21	11 Illinois State Police for purposes of administering this Act
22	22	12 are subject to all applicable federal privacy laws,
23	23	13 confidential, and exempt from the Freedom of Information Act,
24	24	14 and not subject to disclosure to any individual or public or
25	25	15 private entity, except as necessary for authorized employees
26	26	16 of those authorized agencies to perform official duties under
27	27	17 this Act and the following information received and records
28	28	18 kept by Department of Public Health, Department of
29	29	19 Agriculture, Department of Financial and Professional
30	30	20 Regulation, and Illinois State Police, excluding any existing
31	31	21 or non-existing Illinois or national criminal history record
32	32	22 information as defined in subsection (d), may be disclosed to
33	33	23 each other upon request:
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37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2343 Introduced , by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED:
38	38	See Index See Index
39	39	See Index
40	40	Amends the Compassionate Use of Medical Cannabis Program Act. Provides that the Department of Financial and Professional Regulation and the Department of Agriculture may share with the Department of Commerce and Economic Opportunity any licensee information necessary to support the administration of social equity programming. Amends the Cannabis Regulation and Tax Act. Adds a definition. In various provisions, adds Social Equity Lottery Licensees to provisions that include Social Equity Applicants. Provides that the Cannabis Business Development Fund shall be exclusively used for certain purposes, to include providing financial assistance to support lending to, or private investment in, Qualified Social Equity Applicants and Social Equity Lottery Licensees, or to facilitate access to the facilities needed to commence operations as a cannabis business establishment. In provisions regarding loans and grants to Social Equity Applicants, adds financial assistance to provisions that include loans and grants. Provides that the Department of Commerce and Economic Opportunity has the power to enter into financial intermediary agreements to facilitate lending to or investment in Qualified Social Equity Applicants, Social Equity Lottery Licensees, or their subsidiaries or affiliates, to ensure the availability of facilities necessary to operate a cannabis business establishment. Provides that certain loans made shall contain terms and provisions with respect to forgiveness. Provides that those loans also may be distributed by lot if the Department of Commerce and Economic Opportunity determines that the amount of funding available is insufficient. Provides that, to the extent registration with the federal System for Award Management requires a grant applicant to certify compliance with all federal laws, the grant applicants shall not be required to register for a unique entity identifier through the federal System for Award Management. Makes other and conforming changes.
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43	43	A BILL FOR
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68	68	1 (1) Applications and renewals, their contents, and
69	69	2 supporting information submitted by qualifying patients
70	70	3 and designated caregivers, including information regarding
71	71	4 their designated caregivers and certifying health care
72	72	5 professionals.
73	73	6 (2) Applications and renewals, their contents, and
74	74	7 supporting information submitted by or on behalf of
75	75	8 cultivation centers and dispensing organizations in
76	76	9 compliance with this Act, including their physical
77	77	10 addresses. This does not preclude the release of ownership
78	78	11 information of cannabis business establishment licenses.
79	79	12 (3) The individual names and other information
80	80	13 identifying persons to whom the Department of Public
81	81	14 Health has issued registry identification cards.
82	82	15 (4) Any dispensing information required to be kept
83	83	16 under Section 135, Section 150, or Department of Public
84	84	17 Health, Department of Agriculture, or Department of
85	85	18 Financial and Professional Regulation rules shall identify
86	86	19 cardholders and registered cultivation centers by their
87	87	20 registry identification numbers and medical cannabis
88	88	21 dispensing organizations by their registration number and
89	89	22 not contain names or other personally identifying
90	90	23 information.
91	91	24 (5) All medical records provided to the Department of
92	92	25 Public Health in connection with an application for a
93	93	26 registry card.
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104	104	1 (b) Nothing in this Section precludes the following:
105	105	2 (1) Department of Agriculture, Department of Financial
106	106	3 and Professional Regulation, or Public Health employees
107	107	4 may notify law enforcement about falsified or fraudulent
108	108	5 information submitted to the Departments if the employee
109	109	6 who suspects that falsified or fraudulent information has
110	110	7 been submitted conferred with his or her supervisor and
111	111	8 both agree that circumstances exist that warrant
112	112	9 reporting.
113	113	10 (2) If the employee conferred with his or her
114	114	11 supervisor and both agree that circumstances exist that
115	115	12 warrant reporting, Department of Public Health employees
116	116	13 may notify the Department of Financial and Professional
117	117	14 Regulation if there is reasonable cause to believe a
118	118	15 certifying health care professional:
119	119	16 (A) issued a written certification without a bona
120	120	17 fide health care professional-patient relationship
121	121	18 under this Act;
122	122	19 (B) issued a written certification to a person who
123	123	20 was not under the certifying health care
124	124	21 professional's care for the debilitating medical
125	125	22 condition; or
126	126	23 (C) failed to abide by the acceptable and
127	127	24 prevailing standard of care when evaluating a
128	128	25 patient's medical condition.
129	129	26 (3) The Department of Public Health, Department of
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140	140	1 Agriculture, and Department of Financial and Professional
141	141	2 Regulation may notify State or local law enforcement about
142	142	3 apparent criminal violations of this Act if the employee
143	143	4 who suspects the offense has conferred with his or her
144	144	5 supervisor and both agree that circumstances exist that
145	145	6 warrant reporting.
146	146	7 (4) Medical cannabis cultivation center agents and
147	147	8 medical cannabis dispensing organizations may notify the
148	148	9 Department of Public Health, Department of Financial and
149	149	10 Professional Regulation, or Department of Agriculture of a
150	150	11 suspected violation or attempted violation of this Act or
151	151	12 the rules issued under it.
152	152	13 (5) Each Department may verify registry identification
153	153	14 cards under Section 150.
154	154	15 (6) The submission of the report to the General
155	155	16 Assembly under Section 160.
156	156	17 (b-5) Each Department responsible for licensure under this
157	157	18 Act shall publish on the Department's website a list of the
158	158	19 ownership information of cannabis business establishment
159	159	20 licensees under the Department's jurisdiction. The list shall
160	160	21 include, but shall not be limited to, the name of the person or
161	161	22 entity holding each cannabis business establishment license
162	162	23 and the address at which the entity is operating under this
163	163	24 Act. This list shall be published and updated monthly.
164	164	25 (c) Except for any ownership information released pursuant
165	165	26 to subsection (b-5) or as otherwise authorized or required by
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176	176	1 law, it is a Class B misdemeanor with a $1,000 fine for any
177	177	2 person, including an employee or official of the Department of
178	178	3 Public Health, Department of Financial and Professional
179	179	4 Regulation, or Department of Agriculture or another State
180	180	5 agency or local government, to breach the confidentiality of
181	181	6 information obtained under this Act.
182	182	7 (d) The Department of Public Health, the Department of
183	183	8 Agriculture, the Illinois State Police, and the Department of
184	184	9 Financial and Professional Regulation shall not share or
185	185	10 disclose any existing or non-existing Illinois or national
186	186	11 criminal history record information. For the purposes of this
187	187	12 Section, "any existing or non-existing Illinois or national
188	188	13 criminal history record information" means any Illinois or
189	189	14 national criminal history record information, including but
190	190	15 not limited to the lack of or non-existence of these records.
191	191	16 (e) Notwithstanding any other provision of this Section,
192	192	17 the Department of Financial and Professional Regulation and
193	193	18 the Department of Agriculture may share with the Department of
194	194	19 Commerce and Economic Opportunity any licensee information
195	195	20 necessary to support the administration of social equity
196	196	21 programming.
197	197	22 (Source: P.A. 101-363, eff. 8-9-19; 102-98, eff. 7-15-21;
198	198	23 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
199	199	24 Section 10. The Cannabis Regulation and Tax Act is amended
200	200	25 by changing Sections 1-10, 7-10, 7-15, and 55-30 as follows:
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211	211	1 (410 ILCS 705/1-10)
212	212	2 Sec. 1-10. Definitions. In this Act:
213	213	3 "Adult Use Cultivation Center License" means a license
214	214	4 issued by the Department of Agriculture that permits a person
215	215	5 to act as a cultivation center under this Act and any
216	216	6 administrative rule made in furtherance of this Act.
217	217	7 "Adult Use Dispensing Organization License" means a
218	218	8 license issued by the Department of Financial and Professional
219	219	9 Regulation that permits a person to act as a dispensing
220	220	10 organization under this Act and any administrative rule made
221	221	11 in furtherance of this Act.
222	222	12 "Advertise" means to engage in promotional activities
223	223	13 including, but not limited to: newspaper, radio, Internet and
224	224	14 electronic media, and television advertising; the distribution
225	225	15 of fliers and circulars; billboard advertising; and the
226	226	16 display of window and interior signs. "Advertise" does not
227	227	17 mean exterior signage displaying only the name of the licensed
228	228	18 cannabis business establishment.
229	229	19 "Application points" means the number of points a
230	230	20 Dispensary Applicant receives on an application for a
231	231	21 Conditional Adult Use Dispensing Organization License.
232	232	22 "BLS Region" means a region in Illinois used by the United
233	233	23 States Bureau of Labor Statistics to gather and categorize
234	234	24 certain employment and wage data. The 17 such regions in
235	235	25 Illinois are: Bloomington, Cape Girardeau, Carbondale-Marion,
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246	246	1 Champaign-Urbana, Chicago-Naperville-Elgin, Danville,
247	247	2 Davenport-Moline-Rock Island, Decatur, Kankakee, Peoria,
248	248	3 Rockford, St. Louis, Springfield, Northwest Illinois
249	249	4 nonmetropolitan area, West Central Illinois nonmetropolitan
250	250	5 area, East Central Illinois nonmetropolitan area, and South
251	251	6 Illinois nonmetropolitan area.
252	252	7 "By lot" means a randomized method of choosing between 2
253	253	8 or more Eligible Tied Applicants or 2 or more Qualifying
254	254	9 Applicants.
255	255	10 "Cannabis" means marijuana, hashish, and other substances
256	256	11 that are identified as including any parts of the plant
257	257	12 Cannabis sativa and including derivatives or subspecies, such
258	258	13 as indica, of all strains of cannabis, whether growing or not;
259	259	14 the seeds thereof, the resin extracted from any part of the
260	260	15 plant; and any compound, manufacture, salt, derivative,
261	261	16 mixture, or preparation of the plant, its seeds, or resin,
262	262	17 including tetrahydrocannabinol (THC) and all other naturally
263	263	18 produced cannabinol derivatives, whether produced directly or
264	264	19 indirectly by extraction; however, "cannabis" does not include
265	265	20 the mature stalks of the plant, fiber produced from the
266	266	21 stalks, oil or cake made from the seeds of the plant, any other
267	267	22 compound, manufacture, salt, derivative, mixture, or
268	268	23 preparation of the mature stalks (except the resin extracted
269	269	24 from it), fiber, oil or cake, or the sterilized seed of the
270	270	25 plant that is incapable of germination. "Cannabis" does not
271	271	26 include industrial hemp as defined and authorized under the
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282	282	1 Industrial Hemp Act. "Cannabis" also means cannabis flower,
283	283	2 concentrate, and cannabis-infused products.
284	284	3 "Cannabis business establishment" means a cultivation
285	285	4 center, craft grower, processing organization, infuser
286	286	5 organization, dispensing organization, or transporting
287	287	6 organization.
288	288	7 "Cannabis concentrate" means a product derived from
289	289	8 cannabis that is produced by extracting cannabinoids,
290	290	9 including tetrahydrocannabinol (THC), from the plant through
291	291	10 the use of propylene glycol, glycerin, butter, olive oil, or
292	292	11 other typical cooking fats; water, ice, or dry ice; or butane,
293	293	12 propane, CO2, ethanol, or isopropanol and with the intended
294	294	13 use of smoking or making a cannabis-infused product. The use
295	295	14 of any other solvent is expressly prohibited unless and until
296	296	15 it is approved by the Department of Agriculture.
297	297	16 "Cannabis container" means a sealed or resealable,
298	298	17 traceable, container, or package used for the purpose of
299	299	18 containment of cannabis or cannabis-infused product during
300	300	19 transportation.
301	301	20 "Cannabis flower" means marijuana, hashish, and other
302	302	21 substances that are identified as including any parts of the
303	303	22 plant Cannabis sativa and including derivatives or subspecies,
304	304	23 such as indica, of all strains of cannabis; including raw
305	305	24 kief, leaves, and buds, but not resin that has been extracted
306	306	25 from any part of such plant; nor any compound, manufacture,
307	307	26 salt, derivative, mixture, or preparation of such plant, its
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318	318	1 seeds, or resin.
319	319	2 "Cannabis-infused product" means a beverage, food, oil,
320	320	3 ointment, tincture, topical formulation, or another product
321	321	4 containing cannabis or cannabis concentrate that is not
322	322	5 intended to be smoked.
323	323	6 "Cannabis paraphernalia" means equipment, products, or
324	324	7 materials intended to be used for planting, propagating,
325	325	8 cultivating, growing, harvesting, manufacturing, producing,
326	326	9 processing, preparing, testing, analyzing, packaging,
327	327	10 repackaging, storing, containing, concealing, ingesting, or
328	328	11 otherwise introducing cannabis into the human body.
329	329	12 "Cannabis plant monitoring system" or "plant monitoring
330	330	13 system" means a system that includes, but is not limited to,
331	331	14 testing and data collection established and maintained by the
332	332	15 cultivation center, craft grower, or processing organization
333	333	16 and that is available to the Department of Revenue, the
334	334	17 Department of Agriculture, the Department of Financial and
335	335	18 Professional Regulation, and the Illinois State Police for the
336	336	19 purposes of documenting each cannabis plant and monitoring
337	337	20 plant development throughout the life cycle of a cannabis
338	338	21 plant cultivated for the intended use by a customer from seed
339	339	22 planting to final packaging.
340	340	23 "Cannabis testing facility" means an entity registered by
341	341	24 the Department of Agriculture to test cannabis for potency and
342	342	25 contaminants.
343	343	26 "Clone" means a plant section from a female cannabis plant
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354	354	1 not yet rootbound, growing in a water solution or other
355	355	2 propagation matrix, that is capable of developing into a new
356	356	3 plant.
357	357	4 "Community College Cannabis Vocational Training Pilot
358	358	5 Program faculty participant" means a person who is 21 years of
359	359	6 age or older, licensed by the Department of Agriculture, and
360	360	7 is employed or contracted by an Illinois community college to
361	361	8 provide student instruction using cannabis plants at an
362	362	9 Illinois Community College.
363	363	10 "Community College Cannabis Vocational Training Pilot
364	364	11 Program faculty participant Agent Identification Card" means a
365	365	12 document issued by the Department of Agriculture that
366	366	13 identifies a person as a Community College Cannabis Vocational
367	367	14 Training Pilot Program faculty participant.
368	368	15 "Conditional Adult Use Dispensing Organization License"
369	369	16 means a contingent license awarded to applicants for an Adult
370	370	17 Use Dispensing Organization License that reserves the right to
371	371	18 an Adult Use Dispensing Organization License if the applicant
372	372	19 meets certain conditions described in this Act, but does not
373	373	20 entitle the recipient to begin purchasing or selling cannabis
374	374	21 or cannabis-infused products.
375	375	22 "Conditional Adult Use Cultivation Center License" means a
376	376	23 license awarded to top-scoring applicants for an Adult Use
377	377	24 Cultivation Center License that reserves the right to an Adult
378	378	25 Use Cultivation Center License if the applicant meets certain
379	379	26 conditions as determined by the Department of Agriculture by
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390	390	1 rule, but does not entitle the recipient to begin growing,
391	391	2 processing, or selling cannabis or cannabis-infused products.
392	392	3 "Craft grower" means a facility operated by an
393	393	4 organization or business that is licensed by the Department of
394	394	5 Agriculture to cultivate, dry, cure, and package cannabis and
395	395	6 perform other necessary activities to make cannabis available
396	396	7 for sale at a dispensing organization or use at a processing
397	397	8 organization. A craft grower may contain up to 5,000 square
398	398	9 feet of canopy space on its premises for plants in the
399	399	10 flowering state. The Department of Agriculture may authorize
400	400	11 an increase or decrease of flowering stage cultivation space
401	401	12 in increments of 3,000 square feet by rule based on market
402	402	13 need, craft grower capacity, and the licensee's history of
403	403	14 compliance or noncompliance, with a maximum space of 14,000
404	404	15 square feet for cultivating plants in the flowering stage,
405	405	16 which must be cultivated in all stages of growth in an enclosed
406	406	17 and secure area. A craft grower may share premises with a
407	407	18 processing organization or a dispensing organization, or both,
408	408	19 provided each licensee stores currency and cannabis or
409	409	20 cannabis-infused products in a separate secured vault to which
410	410	21 the other licensee does not have access or all licensees
411	411	22 sharing a vault share more than 50% of the same ownership.
412	412	23 "Craft grower agent" means a principal officer, board
413	413	24 member, employee, or other agent of a craft grower who is 21
414	414	25 years of age or older.
415	415	26 "Craft Grower Agent Identification Card" means a document
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426	426	1 issued by the Department of Agriculture that identifies a
427	427	2 person as a craft grower agent.
428	428	3 "Cultivation center" means a facility operated by an
429	429	4 organization or business that is licensed by the Department of
430	430	5 Agriculture to cultivate, process, transport (unless otherwise
431	431	6 limited by this Act), and perform other necessary activities
432	432	7 to provide cannabis and cannabis-infused products to cannabis
433	433	8 business establishments.
434	434	9 "Cultivation center agent" means a principal officer,
435	435	10 board member, employee, or other agent of a cultivation center
436	436	11 who is 21 years of age or older.
437	437	12 "Cultivation Center Agent Identification Card" means a
438	438	13 document issued by the Department of Agriculture that
439	439	14 identifies a person as a cultivation center agent.
440	440	15 "Currency" means currency and coin of the United States.
441	441	16 "Dispensary" means a facility operated by a dispensing
442	442	17 organization at which activities licensed by this Act may
443	443	18 occur.
444	444	19 "Dispensary Applicant" means the Proposed Dispensing
445	445	20 Organization Name as stated on an application for a
446	446	21 Conditional Adult Use Dispensing Organization License.
447	447	22 "Dispensing organization" means a facility operated by an
448	448	23 organization or business that is licensed by the Department of
449	449	24 Financial and Professional Regulation to acquire cannabis from
450	450	25 a cultivation center, craft grower, processing organization,
451	451	26 or another dispensary for the purpose of selling or dispensing
452	452
453	453
454	454
455	455
456	456
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458	458
459	459
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462	462	1 cannabis, cannabis-infused products, cannabis seeds,
463	463	2 paraphernalia, or related supplies under this Act to
464	464	3 purchasers or to qualified registered medical cannabis
465	465	4 patients and caregivers. As used in this Act, "dispensing
466	466	5 organization" includes a registered medical cannabis
467	467	6 organization as defined in the Compassionate Use of Medical
468	468	7 Cannabis Program Act or its successor Act that has obtained an
469	469	8 Early Approval Adult Use Dispensing Organization License.
470	470	9 "Dispensing organization agent" means a principal officer,
471	471	10 employee, or agent of a dispensing organization who is 21
472	472	11 years of age or older.
473	473	12 "Dispensing organization agent identification card" means
474	474	13 a document issued by the Department of Financial and
475	475	14 Professional Regulation that identifies a person as a
476	476	15 dispensing organization agent.
477	477	16 "Disproportionately Impacted Area" means a census tract or
478	478	17 comparable geographic area that satisfies the following
479	479	18 criteria as determined by the Department of Commerce and
480	480	19 Economic Opportunity, that:
481	481	20 (1) meets at least one of the following criteria:
482	482	21 (A) the area has a poverty rate of at least 20%
483	483	22 according to the latest federal decennial census; or
484	484	23 (B) 75% or more of the children in the area
485	485	24 participate in the federal free lunch program
486	486	25 according to reported statistics from the State Board
487	487	26 of Education; or
488	488
489	489
490	490
491	491
492	492
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494	494
495	495
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497	497	HB2343 - 14 - LRB104 03587 BDA 13611 b
498	498	1 (C) at least 20% of the households in the area
499	499	2 receive assistance under the Supplemental Nutrition
500	500	3 Assistance Program; or
501	501	4 (D) the area has an average unemployment rate, as
502	502	5 determined by the Illinois Department of Employment
503	503	6 Security, that is more than 120% of the national
504	504	7 unemployment average, as determined by the United
505	505	8 States Department of Labor, for a period of at least 2
506	506	9 consecutive calendar years preceding the date of the
507	507	10 application; and
508	508	11 (2) has high rates of arrest, conviction, and
509	509	12 incarceration related to the sale, possession, use,
510	510	13 cultivation, manufacture, or transport of cannabis.
511	511	14 "Early Approval Adult Use Cultivation Center License"
512	512	15 means a license that permits a medical cannabis cultivation
513	513	16 center licensed under the Compassionate Use of Medical
514	514	17 Cannabis Program Act as of the effective date of this Act to
515	515	18 begin cultivating, infusing, packaging, transporting (unless
516	516	19 otherwise provided in this Act), processing, and selling
517	517	20 cannabis or cannabis-infused product to cannabis business
518	518	21 establishments for resale to purchasers as permitted by this
519	519	22 Act as of January 1, 2020.
520	520	23 "Early Approval Adult Use Dispensing Organization License"
521	521	24 means a license that permits a medical cannabis dispensing
522	522	25 organization licensed under the Compassionate Use of Medical
523	523	26 Cannabis Program Act as of the effective date of this Act to
524	524
525	525
526	526
527	527
528	528
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530	530
531	531
532	532	HB2343- 15 -LRB104 03587 BDA 13611 b HB2343 - 15 - LRB104 03587 BDA 13611 b
533	533	HB2343 - 15 - LRB104 03587 BDA 13611 b
534	534	1 begin selling cannabis or cannabis-infused product to
535	535	2 purchasers as permitted by this Act as of January 1, 2020.
536	536	3 "Early Approval Adult Use Dispensing Organization at a
537	537	4 secondary site" means a license that permits a medical
538	538	5 cannabis dispensing organization licensed under the
539	539	6 Compassionate Use of Medical Cannabis Program Act as of the
540	540	7 effective date of this Act to begin selling cannabis or
541	541	8 cannabis-infused product to purchasers as permitted by this
542	542	9 Act on January 1, 2020 at a different dispensary location from
543	543	10 its existing registered medical dispensary location.
544	544	11 "Eligible Tied Applicant" means a Tied Applicant that is
545	545	12 eligible to participate in the process by which a remaining
546	546	13 available license is distributed by lot pursuant to a Tied
547	547	14 Applicant Lottery.
548	548	15 "Enclosed, locked facility" means a room, greenhouse,
549	549	16 building, or other enclosed area equipped with locks or other
550	550	17 security devices that permit access only by cannabis business
551	551	18 establishment agents working for the licensed cannabis
552	552	19 business establishment or acting pursuant to this Act to
553	553	20 cultivate, process, store, or distribute cannabis.
554	554	21 "Enclosed, locked space" means a closet, room, greenhouse,
555	555	22 building, or other enclosed area equipped with locks or other
556	556	23 security devices that permit access only by authorized
557	557	24 individuals under this Act. "Enclosed, locked space" may
558	558	25 include:
559	559	26 (1) a space within a residential building that (i) is
560	560
561	561
562	562
563	563
564	564
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566	566
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570	570	1 the primary residence of the individual cultivating 5 or
571	571	2 fewer cannabis plants that are more than 5 inches tall and
572	572	3 (ii) includes sleeping quarters and indoor plumbing. The
573	573	4 space must only be accessible by a key or code that is
574	574	5 different from any key or code that can be used to access
575	575	6 the residential building from the exterior; or
576	576	7 (2) a structure, such as a shed or greenhouse, that
577	577	8 lies on the same plot of land as a residential building
578	578	9 that (i) includes sleeping quarters and indoor plumbing
579	579	10 and (ii) is used as a primary residence by the person
580	580	11 cultivating 5 or fewer cannabis plants that are more than
581	581	12 5 inches tall, such as a shed or greenhouse. The structure
582	582	13 must remain locked when it is unoccupied by people.
583	583	14 "Financial institution" has the same meaning as "financial
584	584	15 organization" as defined in Section 1501 of the Illinois
585	585	16 Income Tax Act, and also includes the holding companies,
586	586	17 subsidiaries, and affiliates of such financial organizations.
587	587	18 "Flowering stage" means the stage of cultivation where and
588	588	19 when a cannabis plant is cultivated to produce plant material
589	589	20 for cannabis products. This includes mature plants as follows:
590	590	21 (1) if greater than 2 stigmas are visible at each
591	591	22 internode of the plant; or
592	592	23 (2) if the cannabis plant is in an area that has been
593	593	24 intentionally deprived of light for a period of time
594	594	25 intended to produce flower buds and induce maturation,
595	595	26 from the moment the light deprivation began through the
596	596
597	597
598	598
599	599
600	600
601	601	HB2343 - 16 - LRB104 03587 BDA 13611 b
602	602
603	603
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605	605	HB2343 - 17 - LRB104 03587 BDA 13611 b
606	606	1 remainder of the marijuana plant growth cycle.
607	607	2 "Individual" means a natural person.
608	608	3 "Infuser organization" or "infuser" means a facility
609	609	4 operated by an organization or business that is licensed by
610	610	5 the Department of Agriculture to directly incorporate cannabis
611	611	6 or cannabis concentrate into a product formulation to produce
612	612	7 a cannabis-infused product.
613	613	8 "Kief" means the resinous crystal-like trichomes that are
614	614	9 found on cannabis and that are accumulated, resulting in a
615	615	10 higher concentration of cannabinoids, untreated by heat or
616	616	11 pressure, or extracted using a solvent.
617	617	12 "Labor peace agreement" means an agreement between a
618	618	13 cannabis business establishment and any labor organization
619	619	14 recognized under the National Labor Relations Act, referred to
620	620	15 in this Act as a bona fide labor organization, that prohibits
621	621	16 labor organizations and members from engaging in picketing,
622	622	17 work stoppages, boycotts, and any other economic interference
623	623	18 with the cannabis business establishment. This agreement means
624	624	19 that the cannabis business establishment has agreed not to
625	625	20 disrupt efforts by the bona fide labor organization to
626	626	21 communicate with, and attempt to organize and represent, the
627	627	22 cannabis business establishment's employees. The agreement
628	628	23 shall provide a bona fide labor organization access at
629	629	24 reasonable times to areas in which the cannabis business
630	630	25 establishment's employees work, for the purpose of meeting
631	631	26 with employees to discuss their right to representation,
632	632
633	633
634	634
635	635
636	636
637	637	HB2343 - 17 - LRB104 03587 BDA 13611 b
638	638
639	639
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642	642	1 employment rights under State law, and terms and conditions of
643	643	2 employment. This type of agreement shall not mandate a
644	644	3 particular method of election or certification of the bona
645	645	4 fide labor organization.
646	646	5 "Limited access area" means a room or other area under the
647	647	6 control of a cannabis dispensing organization licensed under
648	648	7 this Act and upon the licensed premises where cannabis sales
649	649	8 occur with access limited to purchasers, dispensing
650	650	9 organization owners and other dispensing organization agents,
651	651	10 or service professionals conducting business with the
652	652	11 dispensing organization, or, if sales to registered qualifying
653	653	12 patients, caregivers, provisional patients, and Opioid
654	654	13 Alternative Pilot Program participants licensed pursuant to
655	655	14 the Compassionate Use of Medical Cannabis Program Act are also
656	656	15 permitted at the dispensary, registered qualifying patients,
657	657	16 caregivers, provisional patients, and Opioid Alternative Pilot
658	658	17 Program participants.
659	659	18 "Member of an impacted family" means an individual who has
660	660	19 a parent, legal guardian, child, spouse, or dependent, or was
661	661	20 a dependent of an individual who, prior to the effective date
662	662	21 of this Act, was arrested for, convicted of, or adjudicated
663	663	22 delinquent for any offense that is eligible for expungement
664	664	23 under this Act.
665	665	24 "Mother plant" means a cannabis plant that is cultivated
666	666	25 or maintained for the purpose of generating clones, and that
667	667	26 will not be used to produce plant material for sale to an
668	668
669	669
670	670
671	671
672	672
673	673	HB2343 - 18 - LRB104 03587 BDA 13611 b
674	674
675	675
676	676	HB2343- 19 -LRB104 03587 BDA 13611 b HB2343 - 19 - LRB104 03587 BDA 13611 b
677	677	HB2343 - 19 - LRB104 03587 BDA 13611 b
678	678	1 infuser or dispensing organization.
679	679	2 "Ordinary public view" means within the sight line with
680	680	3 normal visual range of a person, unassisted by visual aids,
681	681	4 from a public street or sidewalk adjacent to real property, or
682	682	5 from within an adjacent property.
683	683	6 "Ownership and control" means ownership of at least 51% of
684	684	7 the business, including corporate stock if a corporation, and
685	685	8 control over the management and day-to-day operations of the
686	686	9 business and an interest in the capital, assets, and profits
687	687	10 and losses of the business proportionate to percentage of
688	688	11 ownership.
689	689	12 "Person" means a natural individual, firm, partnership,
690	690	13 association, joint stock company, joint venture, public or
691	691	14 private corporation, limited liability company, or a receiver,
692	692	15 executor, trustee, guardian, or other representative appointed
693	693	16 by order of any court.
694	694	17 "Possession limit" means the amount of cannabis under
695	695	18 Section 10-10 that may be possessed at any one time by a person
696	696	19 21 years of age or older or who is a registered qualifying
697	697	20 medical cannabis patient or caregiver under the Compassionate
698	698	21 Use of Medical Cannabis Program Act.
699	699	22 "Principal officer" includes a cannabis business
700	700	23 establishment applicant or licensed cannabis business
701	701	24 establishment's board member, owner with more than 1% interest
702	702	25 of the total cannabis business establishment or more than 5%
703	703	26 interest of the total cannabis business establishment of a
704	704
705	705
706	706
707	707
708	708
709	709	HB2343 - 19 - LRB104 03587 BDA 13611 b
710	710
711	711
712	712	HB2343- 20 -LRB104 03587 BDA 13611 b HB2343 - 20 - LRB104 03587 BDA 13611 b
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714	714	1 publicly traded company, president, vice president, secretary,
715	715	2 treasurer, partner, officer, member, manager member, or person
716	716	3 with a profit sharing, financial interest, or revenue sharing
717	717	4 arrangement. The definition includes a person with authority
718	718	5 to control the cannabis business establishment, a person who
719	719	6 assumes responsibility for the debts of the cannabis business
720	720	7 establishment and who is further defined in this Act.
721	721	8 "Primary residence" means a dwelling where a person
722	722	9 usually stays or stays more often than other locations. It may
723	723	10 be determined by, without limitation, presence, tax filings;
724	724	11 address on an Illinois driver's license, an Illinois
725	725	12 Identification Card, or an Illinois Person with a Disability
726	726	13 Identification Card; or voter registration. No person may have
727	727	14 more than one primary residence.
728	728	15 "Processing organization" or "processor" means a facility
729	729	16 operated by an organization or business that is licensed by
730	730	17 the Department of Agriculture to either extract constituent
731	731	18 chemicals or compounds to produce cannabis concentrate or
732	732	19 incorporate cannabis or cannabis concentrate into a product
733	733	20 formulation to produce a cannabis product.
734	734	21 "Processing organization agent" means a principal officer,
735	735	22 board member, employee, or agent of a processing organization.
736	736	23 "Processing organization agent identification card" means
737	737	24 a document issued by the Department of Agriculture that
738	738	25 identifies a person as a processing organization agent.
739	739	26 "Purchaser" means a person 21 years of age or older who
740	740
741	741
742	742
743	743
744	744
745	745	HB2343 - 20 - LRB104 03587 BDA 13611 b
746	746
747	747
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750	750	1 acquires cannabis for a valuable consideration. "Purchaser"
751	751	2 does not include a cardholder under the Compassionate Use of
752	752	3 Medical Cannabis Program Act.
753	753	4 "Qualifying Applicant" means an applicant that submitted
754	754	5 an application pursuant to Section 15-30 that received at
755	755	6 least 85% of 250 application points available under Section
756	756	7 15-30 as the applicant's final score and meets the definition
757	757	8 of "Social Equity Applicant" as set forth under this Section.
758	758	9 "Qualifying Social Equity Justice Involved Applicant"
759	759	10 means an applicant that submitted an application pursuant to
760	760	11 Section 15-30 that received at least 85% of 250 application
761	761	12 points available under Section 15-30 as the applicant's final
762	762	13 score and meets the criteria of either paragraph (1) or (2) of
763	763	14 the definition of "Social Equity Applicant" as set forth under
764	764	15 this Section.
765	765	16 "Qualified Social Equity Applicant" means a Social Equity
766	766	17 Applicant who has been awarded a conditional license under
767	767	18 this Act to operate a cannabis business establishment.
768	768	19 "Resided" means an individual's primary residence was
769	769	20 located within the relevant geographic area as established by
770	770	21 2 of the following:
771	771	22 (1) a signed lease agreement that includes the
772	772	23 applicant's name;
773	773	24 (2) a property deed that includes the applicant's
774	774	25 name;
775	775	26 (3) school records;
776	776
777	777
778	778
779	779
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786	786	1 (4) a voter registration card;
787	787	2 (5) an Illinois driver's license, an Illinois
788	788	3 Identification Card, or an Illinois Person with a
789	789	4 Disability Identification Card;
790	790	5 (6) a paycheck stub;
791	791	6 (7) a utility bill;
792	792	7 (8) tax records; or
793	793	8 (9) any other proof of residency or other information
794	794	9 necessary to establish residence as provided by rule.
795	795	10 "Smoking" means the inhalation of smoke caused by the
796	796	11 combustion of cannabis.
797	797	12 "Social Equity Applicant" means an applicant that is an
798	798	13 Illinois resident that meets one of the following criteria:
799	799	14 (1) an applicant with at least 51% ownership and
800	800	15 control by one or more individuals who have resided for at
801	801	16 least 5 of the preceding 10 years in a Disproportionately
802	802	17 Impacted Area;
803	803	18 (2) an applicant with at least 51% ownership and
804	804	19 control by one or more individuals who:
805	805	20 (i) have been arrested for, convicted of, or
806	806	21 adjudicated delinquent for any offense that is
807	807	22 eligible for expungement under this Act; or
808	808	23 (ii) is a member of an impacted family;
809	809	24 (3) for applicants with a minimum of 10 full-time
810	810	25 employees, an applicant with at least 51% of current
811	811	26 employees who:
812	812
813	813
814	814
815	815
816	816
817	817	HB2343 - 22 - LRB104 03587 BDA 13611 b
818	818
819	819
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821	821	HB2343 - 23 - LRB104 03587 BDA 13611 b
822	822	1 (i) currently reside in a Disproportionately
823	823	2 Impacted Area; or
824	824	3 (ii) have been arrested for, convicted of, or
825	825	4 adjudicated delinquent for any offense that is
826	826	5 eligible for expungement under this Act or member of
827	827	6 an impacted family.
828	828	7 Nothing in this Act shall be construed to preempt or limit
829	829	8 the duties of any employer under the Job Opportunities for
830	830	9 Qualified Applicants Act. Nothing in this Act shall permit an
831	831	10 employer to require an employee to disclose sealed or expunged
832	832	11 offenses, unless otherwise required by law.
833	833	12 "Social Equity Lottery Licensee" means a holder of an
834	834	13 adult-use cannabis dispensary license awarded through a
835	835	14 lottery held under subsection (c) of Section 15-35.20 of this
836	836	15 Act.
837	837	16 "Tied Applicant" means an application submitted by a
838	838	17 Dispensary Applicant pursuant to Section 15-30 that received
839	839	18 the same number of application points under Section 15-30 as
840	840	19 the Dispensary Applicant's final score as one or more
841	841	20 top-scoring applications in the same BLS Region and would have
842	842	21 been awarded a license but for the one or more other
843	843	22 top-scoring applications that received the same number of
844	844	23 application points. Each application for which a Dispensary
845	845	24 Applicant was required to pay a required application fee for
846	846	25 the application period ending January 2, 2020 shall be
847	847	26 considered an application of a separate Tied Applicant.
848	848
849	849
850	850
851	851
852	852
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854	854
855	855
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858	858	1 "Tied Applicant Lottery" means the process established
859	859	2 under 68 Ill. Adm. Code 1291.50 for awarding Conditional Adult
860	860	3 Use Dispensing Organization Licenses pursuant to Sections
861	861	4 15-25 and 15-30 among Eligible Tied Applicants.
862	862	5 "Tincture" means a cannabis-infused solution, typically
863	863	6 comprised of alcohol, glycerin, or vegetable oils, derived
864	864	7 either directly from the cannabis plant or from a processed
865	865	8 cannabis extract. A tincture is not an alcoholic liquor as
866	866	9 defined in the Liquor Control Act of 1934. A tincture shall
867	867	10 include a calibrated dropper or other similar device capable
868	868	11 of accurately measuring servings.
869	869	12 "Transporting organization" or "transporter" means an
870	870	13 organization or business that is licensed by the Department of
871	871	14 Agriculture to transport cannabis or cannabis-infused product
872	872	15 on behalf of a cannabis business establishment or a community
873	873	16 college licensed under the Community College Cannabis
874	874	17 Vocational Training Pilot Program.
875	875	18 "Transporting organization agent" means a principal
876	876	19 officer, board member, employee, or agent of a transporting
877	877	20 organization.
878	878	21 "Transporting organization agent identification card"
879	879	22 means a document issued by the Department of Agriculture that
880	880	23 identifies a person as a transporting organization agent.
881	881	24 "Unit of local government" means any county, city,
882	882	25 village, or incorporated town.
883	883	26 "Vegetative stage" means the stage of cultivation in which
884	884
885	885
886	886
887	887
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890	890
891	891
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894	894	1 a cannabis plant is propagated to produce additional cannabis
895	895	2 plants or reach a sufficient size for production. This
896	896	3 includes seedlings, clones, mothers, and other immature
897	897	4 cannabis plants as follows:
898	898	5 (1) if the cannabis plant is in an area that has not
899	899	6 been intentionally deprived of light for a period of time
900	900	7 intended to produce flower buds and induce maturation, it
901	901	8 has no more than 2 stigmas visible at each internode of the
902	902	9 cannabis plant; or
903	903	10 (2) any cannabis plant that is cultivated solely for
904	904	11 the purpose of propagating clones and is never used to
905	905	12 produce cannabis.
906	906	13 (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
907	907	14 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff.
908	908	15 5-13-22.)
909	909	16 (410 ILCS 705/7-10)
910	910	17 Sec. 7-10. Cannabis Business Development Fund.
911	911	18 (a) There is created in the State treasury a special fund,
912	912	19 which shall be held separate and apart from all other State
913	913	20 moneys, to be known as the Cannabis Business Development Fund.
914	914	21 The Cannabis Business Development Fund shall be exclusively
915	915	22 used for the following purposes:
916	916	23 (1) to provide low-interest rate loans to Qualified
917	917	24 Social Equity Applicants and Social Equity Lottery
918	918	25 Licensees to pay for ordinary and necessary expenses to
919	919
920	920
921	921
922	922
923	923
924	924	HB2343 - 25 - LRB104 03587 BDA 13611 b
925	925
926	926
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928	928	HB2343 - 26 - LRB104 03587 BDA 13611 b
929	929	1 start and operate a cannabis business establishment
930	930	2 permitted by this Act;
931	931	3 (2) to provide grants to Qualified Social Equity
932	932	4 Applicants to pay for ordinary and necessary expenses to
933	933	5 start and operate a cannabis business establishment
934	934	6 permitted by this Act;
935	935	7 (3) to compensate the Department of Commerce and
936	936	8 Economic Opportunity for any costs related to the
937	937	9 provision of low-interest loans and grants to Qualified
938	938	10 Social Equity Applicants and Social Equity Lottery
939	939	11 Licensees;
940	940	12 (4) to pay for outreach that may be provided or
941	941	13 targeted to attract and support Social Equity Applicants,
942	942	14 and Qualified Social Equity Applicants, and Social Equity
943	943	15 Lottery Licensees;
944	944	16 (5) to provide financial assistance to support lending
945	945	17 to, or private investment in, Qualified Social Equity
946	946	18 Applicants and Social Equity Lottery Licensees, or to
947	947	19 facilitate access to the facilities needed to commence
948	948	20 operations as a cannabis business establishment (blank);
949	949	21 (6) to conduct any study or research concerning the
950	950	22 participation of minorities, women, veterans, or people
951	951	23 with disabilities in the cannabis industry, including,
952	952	24 without limitation, barriers to such individuals entering
953	953	25 the industry as equity owners of cannabis business
954	954	26 establishments;
955	955
956	956
957	957
958	958
959	959
960	960	HB2343 - 26 - LRB104 03587 BDA 13611 b
961	961
962	962
963	963	HB2343- 27 -LRB104 03587 BDA 13611 b HB2343 - 27 - LRB104 03587 BDA 13611 b
964	964	HB2343 - 27 - LRB104 03587 BDA 13611 b
965	965	1 (7) (blank); and
966	966	2 (8) to assist with job training and technical
967	967	3 assistance for residents in Disproportionately Impacted
968	968	4 Areas.
969	969	5 (b) All moneys collected under Sections 15-15 and 15-20
970	970	6 for Early Approval Adult Use Dispensing Organization Licenses
971	971	7 issued before January 1, 2021 and remunerations made as a
972	972	8 result of transfers of permits awarded to Qualified Social
973	973	9 Equity Applicants shall be deposited into the Cannabis
974	974	10 Business Development Fund.
975	975	11 (c) (Blank).
976	976	12 (c-5) In addition to any other transfers that may be
977	977	13 provided for by law, on July 1, 2023, or as soon thereafter as
978	978	14 practical, the State Comptroller shall direct and the State
979	979	15 Treasurer shall transfer the sum of $40,000,000 from the
980	980	16 Compassionate Use of Medical Cannabis Fund to the Cannabis
981	981	17 Business Development Fund.
982	982	18 (d) Notwithstanding any other law to the contrary, the
983	983	19 Cannabis Business Development Fund is not subject to sweeps,
984	984	20 administrative charge-backs, or any other fiscal or budgetary
985	985	21 maneuver that would in any way transfer any amounts from the
986	986	22 Cannabis Business Development Fund into any other fund of the
987	987	23 State.
988	988	24 (Source: P.A. 103-8, eff. 6-7-23.)
989	989	25 (410 ILCS 705/7-15)
990	990
991	991
992	992
993	993
994	994
995	995	HB2343 - 27 - LRB104 03587 BDA 13611 b
996	996
997	997
998	998	HB2343- 28 -LRB104 03587 BDA 13611 b HB2343 - 28 - LRB104 03587 BDA 13611 b
999	999	HB2343 - 28 - LRB104 03587 BDA 13611 b
1000	1000	1 Sec. 7-15. Loans, financial assistance, and grants to
1001	1001	2 Qualified Social Equity Applicants and Social Equity Lottery
1002	1002	3 Licensees.
1003	1003	4 (a) The Department of Commerce and Economic Opportunity
1004	1004	5 shall establish grant, and loan, and financial assistance
1005	1005	6 programs, subject to appropriations from the Cannabis Business
1006	1006	7 Development Fund, for the purposes of providing financial
1007	1007	8 assistance, loans, grants, and technical assistance to
1008	1008	9 Qualified Social Equity Applicants and Social Equity Lottery
1009	1009	10 Licensees.
1010	1010	11 (b) The Department of Commerce and Economic Opportunity
1011	1011	12 has the power to:
1012	1012	13 (1) provide Cannabis Social Equity loans, financial
1013	1013	14 assistance, and grants from appropriations from the
1014	1014	15 Cannabis Business Development Fund to assist Qualified
1015	1015	16 Social Equity Applicants and Social Equity Lottery
1016	1016	17 Licensees in gaining entry to, and successfully operating
1017	1017	18 in, the State's regulated cannabis marketplace;
1018	1018	19 (2) enter into agreements that set forth terms and
1019	1019	20 conditions of the financial assistance, accept funds or
1020	1020	21 grants, and engage in cooperation with private entities
1021	1021	22 and agencies of State or local government to carry out the
1022	1022	23 purposes of this Section;
1023	1023	24 (3) fix, determine, charge, and collect any premiums,
1024	1024	25 fees, charges, costs and expenses, including application
1025	1025	26 fees, commitment fees, program fees, financing charges, or
1026	1026
1027	1027
1028	1028
1029	1029
1030	1030
1031	1031	HB2343 - 28 - LRB104 03587 BDA 13611 b
1032	1032
1033	1033
1034	1034	HB2343- 29 -LRB104 03587 BDA 13611 b HB2343 - 29 - LRB104 03587 BDA 13611 b
1035	1035	HB2343 - 29 - LRB104 03587 BDA 13611 b
1036	1036	1 publication fees in connection with its activities under
1037	1037	2 this Section;
1038	1038	3 (4) coordinate assistance under the financial
1039	1039	4 assistance these loan programs with activities of the
1040	1040	5 Illinois Department of Financial and Professional
1041	1041	6 Regulation, the Illinois Department of Agriculture, and
1042	1042	7 other agencies as needed to maximize the effectiveness and
1043	1043	8 efficiency of this Act;
1044	1044	9 (5) provide staff, administration, and related support
1045	1045	10 required to administer this Section;
1046	1046	11 (6) take whatever actions are necessary or appropriate
1047	1047	12 to protect the State's interest in the event of
1048	1048	13 bankruptcy, default, foreclosure, or noncompliance with
1049	1049	14 the terms and conditions of financial assistance provided
1050	1050	15 under this Section, including the ability to recapture
1051	1051	16 funds if the recipient is found to be noncompliant with
1052	1052	17 the terms and conditions of the financial assistance
1053	1053	18 agreement;
1054	1054	19 (6.5) enter into financial intermediary agreements to
1055	1055	20 facilitate lending to or investment in Qualified Social
1056	1056	21 Equity Applicants, Social Equity Lottery Licensees, or
1057	1057	22 their subsidiaries or affiliates, to ensure the
1058	1058	23 availability of facilities necessary to operate a cannabis
1059	1059	24 business establishment;
1060	1060	25 (7) establish application, notification, contract, and
1061	1061	26 other forms, procedures, or rules deemed necessary and
1062	1062
1063	1063
1064	1064
1065	1065
1066	1066
1067	1067	HB2343 - 29 - LRB104 03587 BDA 13611 b
1068	1068
1069	1069
1070	1070	HB2343- 30 -LRB104 03587 BDA 13611 b HB2343 - 30 - LRB104 03587 BDA 13611 b
1071	1071	HB2343 - 30 - LRB104 03587 BDA 13611 b
1072	1072	1 appropriate; and
1073	1073	2 (8) utilize vendors or contract work to carry out the
1074	1074	3 purposes of this Act.
1075	1075	4 (c) Loans made under this Section:
1076	1076	5 (1) shall only be made if, in the Department's
1077	1077	6 judgment, the project furthers the goals set forth in this
1078	1078	7 Act; and
1079	1079	8 (2) shall be in such principal amount and form and
1080	1080	9 contain such terms and provisions with respect to
1081	1081	10 security, insurance, reporting, delinquency charges,
1082	1082	11 default remedies, forgiveness, and other matters as the
1083	1083	12 Department shall determine appropriate to protect the
1084	1084	13 public interest and to be consistent with the purposes of
1085	1085	14 this Section. The terms and provisions may be less than
1086	1086	15 required for similar loans not covered by this Section;
1087	1087	16 and .
1088	1088	17 (3) may be distributed by lot if the Department
1089	1089	18 determines that the amount of funding available is
1090	1090	19 insufficient to provide an adequate amount of funding for
1091	1091	20 all of the applicants eligible to receive a loan. The
1092	1092	21 Department may determine the number of loans available
1093	1093	22 based on the amount of funding available and communicate
1094	1094	23 the number of loans available on the loan application. The
1095	1095	24 Department may use competitive criteria to establish which
1096	1096	25 applicants are eligible to receive a grant, loan, or
1097	1097	26 financial assistance.
1098	1098
1099	1099
1100	1100
1101	1101
1102	1102
1103	1103	HB2343 - 30 - LRB104 03587 BDA 13611 b
1104	1104
1105	1105
1106	1106	HB2343- 31 -LRB104 03587 BDA 13611 b HB2343 - 31 - LRB104 03587 BDA 13611 b
1107	1107	HB2343 - 31 - LRB104 03587 BDA 13611 b
1108	1108	1 (d) Grants made under this Section shall be awarded on a
1109	1109	2 competitive and annual basis under the Grant Accountability
1110	1110	3 and Transparency Act. Grants made under this Section shall
1111	1111	4 further and promote the goals of this Act, including promotion
1112	1112	5 of Social Equity Applicants, Qualified Social Equity
1113	1113	6 Applicants, or Social Equity Lottery Licensees, job training
1114	1114	7 and workforce development, and technical assistance to Social
1115	1115	8 Equity Applicants and Social Equity Lottery Licensees. To the
1116	1116	9 extent registration with the federal System for Award
1117	1117	10 Management requires a grant applicant to certify compliance
1118	1118	11 with all federal laws, the grant applicants under this Section
1119	1119	12 shall not be required to register for a unique entity
1120	1120	13 identifier through the federal System for Award Management to
1121	1121	14 be qualified to receive a grant so long as federal law
1122	1122	15 prohibits the cultivation and sale of cannabis.
1123	1123	16 (d-5) Financial intermediary agreements to provide
1124	1124	17 financial assistance must further the goals set forth in this
1125	1125	18 Act and shall result in financing or lease costs that are
1126	1126	19 affordable or below market rate.
1127	1127	20 (e) Beginning January 1, 2021 and each year thereafter,
1128	1128	21 the Department shall annually report to the Governor and the
1129	1129	22 General Assembly on the outcomes and effectiveness of this
1130	1130	23 Section that shall include the following:
1131	1131	24 (1) the number of persons or businesses receiving
1132	1132	25 financial assistance under this Section;
1133	1133	26 (2) the amount in financial assistance awarded in the
1134	1134
1135	1135
1136	1136
1137	1137
1138	1138
1139	1139	HB2343 - 31 - LRB104 03587 BDA 13611 b
1140	1140
1141	1141
1142	1142	HB2343- 32 -LRB104 03587 BDA 13611 b HB2343 - 32 - LRB104 03587 BDA 13611 b
1143	1143	HB2343 - 32 - LRB104 03587 BDA 13611 b
1144	1144	1 aggregate, in addition to the amount of loans made that
1145	1145	2 are outstanding and the amount of grants awarded;
1146	1146	3 (3) the location of the project engaged in by the
1147	1147	4 person or business; and
1148	1148	5 (4) if applicable, the number of new jobs and other
1149	1149	6 forms of economic output created as a result of the
1150	1150	7 financial assistance.
1151	1151	8 (f) The Department of Commerce and Economic Opportunity
1152	1152	9 shall include engagement with individuals with limited English
1153	1153	10 proficiency as part of its outreach provided or targeted to
1154	1154	11 attract and support Social Equity Applicants.
1155	1155	12 (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
1156	1156	13 (410 ILCS 705/55-30)
1157	1157	14 Sec. 55-30. Confidentiality.
1158	1158	15 (a) Information provided by the cannabis business
1159	1159	16 establishment licensees or applicants to the Department of
1160	1160	17 Agriculture, the Department of Public Health, the Department
1161	1161	18 of Financial and Professional Regulation, the Department of
1162	1162	19 Commerce and Economic Opportunity, or other agency shall be
1163	1163	20 limited to information necessary for the purposes of
1164	1164	21 administering this Act. The information is subject to the
1165	1165	22 provisions and limitations contained in the Freedom of
1166	1166	23 Information Act and may be disclosed in accordance with
1167	1167	24 Section 55-65.
1168	1168	25 (b) The following information received and records kept by
1169	1169
1170	1170
1171	1171
1172	1172
1173	1173
1174	1174	HB2343 - 32 - LRB104 03587 BDA 13611 b
1175	1175
1176	1176
1177	1177	HB2343- 33 -LRB104 03587 BDA 13611 b HB2343 - 33 - LRB104 03587 BDA 13611 b
1178	1178	HB2343 - 33 - LRB104 03587 BDA 13611 b
1179	1179	1 the Department of Agriculture, the Department of Public
1180	1180	2 Health, the Illinois State Police, and the Department of
1181	1181	3 Financial and Professional Regulation for purposes of
1182	1182	4 administering this Article are subject to all applicable
1183	1183	5 federal privacy laws, are confidential and exempt from
1184	1184	6 disclosure under the Freedom of Information Act, except as
1185	1185	7 provided in this Act, and not subject to disclosure to any
1186	1186	8 individual or public or private entity, except to the
1187	1187	9 Department of Financial and Professional Regulation, the
1188	1188	10 Department of Agriculture, the Department of Public Health,
1189	1189	11 the Department of Commerce and Economic Opportunity, and the
1190	1190	12 Illinois State Police as necessary to perform official duties
1191	1191	13 under this Article and to the Attorney General as necessary to
1192	1192	14 enforce the provisions of this Act. The following information
1193	1193	15 received and kept by the Department of Financial and
1194	1194	16 Professional Regulation or the Department of Agriculture may
1195	1195	17 be disclosed to the Department of Public Health, the
1196	1196	18 Department of Agriculture, the Department of Revenue, the
1197	1197	19 Illinois State Police, the Department of Commerce and Economic
1198	1198	20 Opportunity, or the Attorney General upon proper request:
1199	1199	21 (1) Applications and renewals, their contents, and
1200	1200	22 supporting information submitted by or on behalf of
1201	1201	23 dispensing organizations, cannabis business
1202	1202	24 establishments, or Community College Cannabis Vocational
1203	1203	25 Program licensees, in compliance with this Article,
1204	1204	26 including their physical addresses; however, this does not
1205	1205
1206	1206
1207	1207
1208	1208
1209	1209
1210	1210	HB2343 - 33 - LRB104 03587 BDA 13611 b
1211	1211
1212	1212
1213	1213	HB2343- 34 -LRB104 03587 BDA 13611 b HB2343 - 34 - LRB104 03587 BDA 13611 b
1214	1214	HB2343 - 34 - LRB104 03587 BDA 13611 b
1215	1215	1 preclude the release of ownership information about
1216	1216	2 cannabis business establishment licenses, or information
1217	1217	3 submitted with an application required to be disclosed
1218	1218	4 pursuant to subsection (f);
1219	1219	5 (2) Any plans, procedures, policies, or other records
1220	1220	6 relating to cannabis business establishment security; and
1221	1221	7 (3) Information otherwise exempt from disclosure by
1222	1222	8 State or federal law.
1223	1223	9 Illinois or national criminal history record information,
1224	1224	10 or the nonexistence or lack of such information, may not be
1225	1225	11 disclosed by the Department of Financial and Professional
1226	1226	12 Regulation or the Department of Agriculture, except as
1227	1227	13 necessary to the Attorney General to enforce this Act.
1228	1228	14 (c) The name and address of a dispensing organization
1229	1229	15 licensed under this Act shall be subject to disclosure under
1230	1230	16 the Freedom of Information Act. The name and cannabis business
1231	1231	17 establishment address of the person or entity holding each
1232	1232	18 cannabis business establishment license shall be subject to
1233	1233	19 disclosure.
1234	1234	20 (d) All information collected by the Department of
1235	1235	21 Financial and Professional Regulation or the Department of
1236	1236	22 Agriculture in the course of an examination, inspection, or
1237	1237	23 investigation of a licensee or applicant, including, but not
1238	1238	24 limited to, any complaint against a licensee or applicant
1239	1239	25 filed with the Department of Financial and Professional
1240	1240	26 Regulation or the Department of Agriculture and information
1241	1241
1242	1242
1243	1243
1244	1244
1245	1245
1246	1246	HB2343 - 34 - LRB104 03587 BDA 13611 b
1247	1247
1248	1248
1249	1249	HB2343- 35 -LRB104 03587 BDA 13611 b HB2343 - 35 - LRB104 03587 BDA 13611 b
1250	1250	HB2343 - 35 - LRB104 03587 BDA 13611 b
1251	1251	1 collected to investigate any such complaint, shall be
1252	1252	2 maintained for the confidential use of the Department of
1253	1253	3 Financial and Professional Regulation or the Department of
1254	1254	4 Agriculture and shall not be disclosed, except as otherwise
1255	1255	5 provided in this Act. A formal complaint against a licensee by
1256	1256	6 the Department of Financial and Professional Regulation or the
1257	1257	7 Department of Agriculture or any disciplinary order issued by
1258	1258	8 the Department of Financial and Professional Regulation or the
1259	1259	9 Department of Agriculture against a licensee or applicant
1260	1260	10 shall be a public record, except as otherwise provided by law.
1261	1261	11 Complaints from consumers or members of the general public
1262	1262	12 received regarding a specific, named licensee or complaints
1263	1263	13 regarding conduct by unlicensed entities shall be subject to
1264	1264	14 disclosure under the Freedom of Information Act.
1265	1265	15 (e) The Department of Agriculture, the Illinois State
1266	1266	16 Police, and the Department of Financial and Professional
1267	1267	17 Regulation shall not share or disclose any Illinois or
1268	1268	18 national criminal history record information, or the
1269	1269	19 nonexistence or lack of such information, to any person or
1270	1270	20 entity not expressly authorized by this Act.
1271	1271	21 (f) Each Department responsible for licensure under this
1272	1272	22 Act shall publish on the Department's website a list of the
1273	1273	23 ownership information of cannabis business establishment
1274	1274	24 licensees under the Department's jurisdiction. The list shall
1275	1275	25 include, but is not limited to: the name of the person or
1276	1276	26 entity holding each cannabis business establishment license;
1277	1277
1278	1278
1279	1279
1280	1280
1281	1281
1282	1282	HB2343 - 35 - LRB104 03587 BDA 13611 b
1283	1283
1284	1284
1285	1285	HB2343- 36 -LRB104 03587 BDA 13611 b HB2343 - 36 - LRB104 03587 BDA 13611 b
1286	1286	HB2343 - 36 - LRB104 03587 BDA 13611 b
1287	1287	1 and the address at which the entity is operating under this
1288	1288	2 Act. This list shall be published and updated monthly.
1289	1289	3 (g) Notwithstanding anything in this Section to the
1290	1290	4 contrary, the Department of Financial and Professional
1291	1291	5 Regulation and the Department of Agriculture may share with
1292	1292	6 the Department of Commerce and Economic Opportunity any
1293	1293	7 licensee information necessary to support the administration
1294	1294	8 of social equity programming.
1295	1295	9 (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
1296	1296	10 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff.
1297	1297	11 5-13-22.)
1298	1298	HB2343- 37 -LRB104 03587 BDA 13611 b 1 INDEX 2 Statutes amended in order of appearance HB2343- 37 -LRB104 03587 BDA 13611 b HB2343 - 37 - LRB104 03587 BDA 13611 b 1 INDEX 2 Statutes amended in order of appearance
1299	1299	HB2343- 37 -LRB104 03587 BDA 13611 b HB2343 - 37 - LRB104 03587 BDA 13611 b
1300	1300	HB2343 - 37 - LRB104 03587 BDA 13611 b
1301	1301	1 INDEX
1302	1302	2 Statutes amended in order of appearance
1303	1303
1304	1304
1305	1305
1306	1306
1307	1307
1308	1308	HB2343 - 36 - LRB104 03587 BDA 13611 b
1309	1309
1310	1310
1311	1311
1312	1312	HB2343- 37 -LRB104 03587 BDA 13611 b HB2343 - 37 - LRB104 03587 BDA 13611 b
1313	1313	HB2343 - 37 - LRB104 03587 BDA 13611 b
1314	1314	1 INDEX
1315	1315	2 Statutes amended in order of appearance
1316	1316
1317	1317
1318	1318
1319	1319
1320	1320
1321	1321	HB2343 - 37 - LRB104 03587 BDA 13611 b