104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0020 Introduced 1/13/2025, by Sen. Kimberly A. Lightford SYNOPSIS AS INTRODUCED: See Index Creates the Hemp Consumer Products Act. Sets forth provisions concerning definitions; prohibitions and compliance; applications and licensing for hemp consumer product manufacturers; requirements for licensees; registration of hemp consumer CBD products; requirements of hemp consumer CBD products; packaging and labeling of hemp consumer CBD products; testing requirements; marketing and sale of hemp consumer CBD products; penalties; the administration and enforcement of the Act and rulemaking, including emergency rulemaking, by the Department of Agriculture; and other matters. Amends the Cannabis Regulation and Tax Act. Provides that a violation of provisions concerning unlicensed practice is an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Sets forth penalties for unlicensed practice as a cultivation center, infuser, or craft grower. Sets forth provisions concerning the use of hemp in cannabis-infused products. Allows a craft grower and infuser to purchase a hemp-derived intoxicating product from a hemp consumer product manufacturer and offer a hemp-derived intoxicating product for sale to another cannabis establishment, after which the product is considered cannabis and the craft grower or infuser must ensure the product meets all the requirements of the Act. Makes other changes. Amends the Illinois Administrative Procedure Act, the Illinois Procurement Code, the State Finance Act, the Industrial Hemp Act, the Cannabis Control Act, and the Consumer Fraud and Deceptive Business Practices Act to make conforming changes. Effective immediately. LRB104 07738 BDA 17783 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0020 Introduced 1/13/2025, by Sen. Kimberly A. Lightford SYNOPSIS AS INTRODUCED: See Index See Index Creates the Hemp Consumer Products Act. Sets forth provisions concerning definitions; prohibitions and compliance; applications and licensing for hemp consumer product manufacturers; requirements for licensees; registration of hemp consumer CBD products; requirements of hemp consumer CBD products; packaging and labeling of hemp consumer CBD products; testing requirements; marketing and sale of hemp consumer CBD products; penalties; the administration and enforcement of the Act and rulemaking, including emergency rulemaking, by the Department of Agriculture; and other matters. Amends the Cannabis Regulation and Tax Act. Provides that a violation of provisions concerning unlicensed practice is an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Sets forth penalties for unlicensed practice as a cultivation center, infuser, or craft grower. Sets forth provisions concerning the use of hemp in cannabis-infused products. Allows a craft grower and infuser to purchase a hemp-derived intoxicating product from a hemp consumer product manufacturer and offer a hemp-derived intoxicating product for sale to another cannabis establishment, after which the product is considered cannabis and the craft grower or infuser must ensure the product meets all the requirements of the Act. Makes other changes. Amends the Illinois Administrative Procedure Act, the Illinois Procurement Code, the State Finance Act, the Industrial Hemp Act, the Cannabis Control Act, and the Consumer Fraud and Deceptive Business Practices Act to make conforming changes. Effective immediately. LRB104 07738 BDA 17783 b LRB104 07738 BDA 17783 b A BILL FOR
104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0020 Introduced 1/13/2025, by Sen. Kimberly A. Lightford SYNOPSIS AS INTRODUCED:
See Index See Index
See Index
Creates the Hemp Consumer Products Act. Sets forth provisions concerning definitions; prohibitions and compliance; applications and licensing for hemp consumer product manufacturers; requirements for licensees; registration of hemp consumer CBD products; requirements of hemp consumer CBD products; packaging and labeling of hemp consumer CBD products; testing requirements; marketing and sale of hemp consumer CBD products; penalties; the administration and enforcement of the Act and rulemaking, including emergency rulemaking, by the Department of Agriculture; and other matters. Amends the Cannabis Regulation and Tax Act. Provides that a violation of provisions concerning unlicensed practice is an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Sets forth penalties for unlicensed practice as a cultivation center, infuser, or craft grower. Sets forth provisions concerning the use of hemp in cannabis-infused products. Allows a craft grower and infuser to purchase a hemp-derived intoxicating product from a hemp consumer product manufacturer and offer a hemp-derived intoxicating product for sale to another cannabis establishment, after which the product is considered cannabis and the craft grower or infuser must ensure the product meets all the requirements of the Act. Makes other changes. Amends the Illinois Administrative Procedure Act, the Illinois Procurement Code, the State Finance Act, the Industrial Hemp Act, the Cannabis Control Act, and the Consumer Fraud and Deceptive Business Practices Act to make conforming changes. Effective immediately.
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SB0020 LRB104 07738 BDA 17783 b
1 AN ACT concerning health.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the Hemp
5 Consumer Products Act.
6 Section 5. Definitions. In this Act:
7 "Accreditation body" means an impartial non-profit
8 organization that operates in conformance with the
9 International Organization for Standardization
10 (ISO)/International Electrotechnical Commission (IEC)
11 standard 17011 and is a signatory to the International
12 Laboratory Accreditation Cooperation (ILAC) Mutual Recognition
13 Arrangement (MRA) for Testing.
14 "Artificially derived cannabinoid" means a cannabinoid
15 that is created by a chemical or physical reaction that
16 changes the molecular structure of any chemical substance
17 derived from Cannabis sativa.
18 "Department" means the Department of Agriculture.
19 "Director" means the Director of Agriculture.
20 "Hemp cannabinoid" means a naturally occurring
21 phytocannabinoid derived from the hemp plant that does not
22 have an intoxicating effect on the mind and body, as
23 determined by the Department by rule, including:
104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0020 Introduced 1/13/2025, by Sen. Kimberly A. Lightford SYNOPSIS AS INTRODUCED:
See Index See Index
See Index
Creates the Hemp Consumer Products Act. Sets forth provisions concerning definitions; prohibitions and compliance; applications and licensing for hemp consumer product manufacturers; requirements for licensees; registration of hemp consumer CBD products; requirements of hemp consumer CBD products; packaging and labeling of hemp consumer CBD products; testing requirements; marketing and sale of hemp consumer CBD products; penalties; the administration and enforcement of the Act and rulemaking, including emergency rulemaking, by the Department of Agriculture; and other matters. Amends the Cannabis Regulation and Tax Act. Provides that a violation of provisions concerning unlicensed practice is an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Sets forth penalties for unlicensed practice as a cultivation center, infuser, or craft grower. Sets forth provisions concerning the use of hemp in cannabis-infused products. Allows a craft grower and infuser to purchase a hemp-derived intoxicating product from a hemp consumer product manufacturer and offer a hemp-derived intoxicating product for sale to another cannabis establishment, after which the product is considered cannabis and the craft grower or infuser must ensure the product meets all the requirements of the Act. Makes other changes. Amends the Illinois Administrative Procedure Act, the Illinois Procurement Code, the State Finance Act, the Industrial Hemp Act, the Cannabis Control Act, and the Consumer Fraud and Deceptive Business Practices Act to make conforming changes. Effective immediately.
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A BILL FOR
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1 (1) cannabidiol (CBD);
2 (2) cannabichromene (CBC);
3 (3) cannabicitran (CBT);
4 (4) cannabicyclol (CBL);
5 (5) cannabielsoin (CBE);
6 (6) cannabigerol (CBG);
7 (7) cannabidivarin (CBDV); or
8 (8) cannabinol (CBN).
9 "Hemp consumer CBD product" means a product offered for
10 sale or distribution that:
11 (1) contains naturally occurring hemp
12 phytocannabinoids;
13 (2) is intended for consumption by any means,
14 including, but not limited to, oral ingestion, inhalation,
15 smoking, or topical absorption;
16 (3) contains a total tetrahydrocannabinol
17 concentration of no greater than:
18 (a) 0.3%; or
19 (b) 0.5 milligrams per serving or individual
20 product unit, and 2 milligrams per package for
21 products sold in multiple servings or units, for any
22 beverage, food, oil, ointment, tincture, topical
23 formation, or any other product that is intended for
24 human or animal consumption by means other than
25 inhalation or smoking; and
26 (4) contains a total hemp cannabinoid concentration
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1 that is at least 25 times greater than the total
2 tetrahydrocannabinol concentration per serving and per
3 package.
4 "Hemp consumer CBD product registrant" means a person or
5 entity that manufactures, processes, packages, handles,
6 distributes or otherwise adds value to the hemp consumer CBD
7 product, and made the first sale of the hemp consumer CBD
8 product in Illinois to an Illinois wholesaler, processor,
9 distributor, retailer, or consumer, or as otherwise defined by
10 rule. A hemp consumer CBD product registrant is required to
11 register hemp consumer CBD products with the Department of
12 Agriculture prior to sale of hemp consumer CBD products in
13 Illinois.
14 "Hemp consumer products manufacturer" means a person or
15 entity located in Illinois licensed to source industrial hemp
16 plant material from a licensed state, tribal, or USDA hemp
17 cultivator, and process, manufacture, and distribute hemp
18 products for human or animal consumption.
19 "Hemp-derived intoxicating product" means a beverage,
20 food, oil, ointment, tincture, topical formulation, or other
21 product intended for human or animal consumption that is
22 derived from hemp extract and does not contain more than 5
23 milligrams per serving or 10 milligrams per package of delta-9
24 THC derived from any naturally occurring cannabinoids found in
25 hemp and that may only be offered for sale at a dispensing
26 organization under the Cannabis Regulation and Tax Act.
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1 "Scope of accreditation" means a document issued by an
2 accreditation body that attests to a testing laboratory's
3 competence to carry out specific testing and analysis.
4 "Synthetic cannabinoid" means a cannabinoid-like compound
5 that was produced using chemical synthesis, chemical
6 modification, or chemical conversion, including in vitro
7 biosynthesis or other bioconversion methods. "Synthetic
8 cannabinoid" includes cannabinoids converted from one chemical
9 structure into another, such as tetrahydrocannabinol produced
10 by the conversion of cannabidiol.
11 "Testing laboratory" means an independent, third-party
12 laboratory approved and registered with the Department that is
13 contracted to test hemp consumer CBD products. A testing
14 laboratory may include laboratories approved by the Department
15 under the Cannabis Regulation and Tax Act or a laboratory
16 operated by the State.
17 "Tetrahydrocannabinol" or "THC" means any naturally
18 occurring or synthetic tetrahydrocannabinol, including its
19 salts, isomers, and salts of isomers, whenever the existence
20 of such salts, isomers, and salts of isomers is possible
21 within the specific chemical designation, and any preparation,
22 mixture, or substance containing, or mixed or infused with,
23 any detectable amount of tetrahydrocannabinol or
24 tetrahydrocannabolic acid, including, but not limited to,
25 delta-8-tetrahydrocannabinol, delta-9-tetrahydrocannabinol,
26 delta-10-tetrahydrocannabinol, tetrahydrocannabolic acid,
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1 tetrahydrocannabiphorol, or hexahydrocannabinol, however
2 derived, or any other substance determined by the Department
3 to have similar intoxicating effects on the mind or body. As
4 used in this definition, "isomer" means the optical, position,
5 and geometric isomers.
6 Section 10. Prohibitions; compliance.
7 (a) Beginning on the effective date of this Act, no
8 person, retailer, or entity shall distribute for sale,
9 manufacture, sell, offer for sale, market, or advertise any
10 hemp product intended for human or animal consumption within
11 this State unless the hemp product meets the definition of
12 hemp consumer CBD product, is sold by a licensed cannabis
13 business establishment under the Cannabis Regulation and Tax
14 Act or Compassionate Use of Medical Cannabis Act, or is sold to
15 or purchased by an industrial hemp processor or hemp consumer
16 product manufacturer licensee for use in the manufacture of
17 hemp products intended for human or animal consumption.
18 (b) Effective January 1, 2026 or upon the first date that a
19 hemp consumer CBD product registration application is made
20 available by the Department, whichever is sooner, all hemp
21 consumer CBD products shall comply with all of the hemp
22 consumer CBD product requirements of this Act.
23 (c) A product that has a THC concentration greater than
24 the limits set forth for hemp consumer CBD products as defined
25 in this Act shall, unless otherwise provided under this Act,
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1 be regulated as cannabis as defined in the Cannabis Regulation
2 and Tax Act, whether or not the product is made with or derived
3 from hemp or industrial hemp or is derived from natural or
4 synthetic sources.
5 (d) A product derived from hemp cannabinoids and sold by a
6 cannabis business establishment as authorized by the Cannabis
7 Regulation and Tax Act shall be cannabis as that term is used
8 under the Cannabis Regulation and Tax Act and may be sold only
9 by a licensed dispensing organization.
10 (e) Notwithstanding subsection (a) or (c), until January
11 20, 2026 any beverage derived from hemp may be offered for sale
12 or sold by (i) a person licensed under the Liquor Control Act
13 as a retailer or a manufacturer that has retail privileges
14 whose total sales of alcohol equal 90% or more of total sales
15 or (ii) an industrial hemp manufacturer or hemp consumer
16 product manufacturer who also holds retail privileges as a
17 manufacturer as provided under the Liquor Control Act. No
18 beverage derived from hemp may be given, sold, transferred, or
19 delivered, with or without remuneration, to any person under
20 21 years of age. A retailer subject to this subsection (e)
21 shall refuse to sell any beverage derived from hemp to any
22 person unless the person produces valid identification showing
23 that the person is 21 years of age or older, which must be
24 verified at the point of sale. Any hemp-derived beverages
25 subject to this subsection (e) may contain only up to 10
26 milligrams per individual container of
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1 delta-9-tetrahydrocannabinol derived from any naturally
2 occurring cannabinoids found in hemp.
3 (f) Nothing in this Act shall prohibit the transportation
4 or shipment of hemp or hemp products through the State.
5 Section 15. Hemp consumer product manufacturers;
6 applications and licensing.
7 (a) By January 1, 2026, the Department shall create
8 applicable rules, guidance, and forms for licensing hemp
9 consumer products manufacturers and a process to transition
10 industrial hemp manufacturers registered under the Industrial
11 Hemp Act that processes or manufactures products derived from
12 hemp intended for human or animal consumption to a hemp
13 consumer product license.
14 (b) An application for licensure shall be submitted to the
15 Department on a form prescribed by the Department, which shall
16 include:
17 (1) the name, address, email address, and telephone
18 number of the applicant;
19 (2) identification of the facility that will be used
20 for the processing, manufacturing, distribution, or retail
21 sale of hemp, as applicable;
22 (3) a copy of the current local zoning ordinance or
23 permit and verification that the proposed hemp consumer
24 products processor is in compliance with the local zoning
25 rules and distance limitations established by the local
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1 jurisdiction for hemp consumer products processing;
2 (4) the federal employer identification number of the
3 applicant;
4 (5) a copy and description of any other license or
5 licenses issued by state or federal authorities related to
6 hemp or cannabis operations or ancillary services;
7 (6) a summary of the sources of industrial processes,
8 hemp materials, hemp consumer CBD products, and hemp
9 extract to be used, as applicable;
10 (7) a description of any other businesses or business
11 activities conducted on the premises to be licensed;
12 (8) identification of the person or persons with the
13 ability to direct the activity of the applicant or
14 licensee, including principals, officers, or others with
15 such control; and
16 (9) any other information required by the Department.
17 (c) The Department may reject or deny an application if it
18 determines that the information contained in the application
19 does not meet the requirements or is incomplete, false,
20 inaccurate, or omits a material fact.
21 (d) Licenses shall not be transferable or assignable to
22 any person, including, without limitation, to another
23 licensee, without prior written approval of the Department.
24 (e) Licenses are valid for a period of one year and must be
25 renewed annually at a fee of $5,000 or as otherwise determined
26 by rule.
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1 (f) The Department may revoke any license issued under
2 this Act for failure to adhere to the requirements of this Act
3 and the rules adopted by the Department.
4 Section 20. Requirements for hemp consumer products
5 manufacturer licensees.
6 (a) The Department shall license and regulate hemp
7 consumer products manufacturers for the purpose of allowing
8 processors to obtain and source lawful industrial hemp and
9 hemp plant materials for manufacturing and processing finished
10 hemp consumer products in accordance with this Act.
11 (b) All hemp consumer products manufacturers shall:
12 (1) maintain sufficient records to demonstrate that
13 any hemp or hemp extract used by the licensee was grown,
14 derived, extracted, and transported in accordance with
15 applicable laws and licensing requirements of the
16 jurisdiction or jurisdictions from which the hemp or hemp
17 extract was sourced and, for hemp received from an
18 out-of-state grower, shall also maintain records of the
19 out-of-state grower registration or license number in the
20 respective jurisdiction;
21 (4) keep all designated extracting and manufacturing
22 areas safe and sanitary, including, but not limited to,
23 ensuring that those areas are adequately lit, cleaned, and
24 smoke-free;
25 (5) not use, in the extraction or manufacturing of any
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1 hemp consumer CBD products, synthetic cannabinoids,
2 artificially derived cannabinoids, or
3 tetrahydrocannabinol created through isomerization; and
4 (6) maintain the records required by this Act for at
5 least 3 years and immediately produce those records upon
6 request of the Department.
7 (c) A hemp product manufacturer shall not offer for sale
8 or distribution products to a location where prohibited by law
9 or to a business that is not permitted to sell products made by
10 the licensee.
11 (d) The Department may conduct announced or unannounced
12 premises or product inspections, including, but not limited
13 to, inspections, audits, sampling, and testing of hemp, hemp
14 extract, hemp consumer CBD products, or any solvents,
15 chemicals, or materials used by the licensee.
16 (e) A hemp consumer product manufacturer shall comply with
17 any other requirements or prohibitions set by administrative
18 rule by the Department.
19 Section 25. Registration of hemp consumer CBD products.
20 (a) Upon the availability of a hemp consumer CBD product
21 registration application, all establishments, including
22 physical and online establishments, shall register all hemp
23 consumer CBD products offered for sale in the State with the
24 Department. Hemp consumer CBD products must comply with
25 registration requirements under this Act.
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1 (b) The Department shall create an online hemp consumer
2 CBD product registration application. The Department may
3 reject an application if the product hemp consumer CBD product
4 does not meet the definition of a hemp consumer CBD product or
5 does not meet any other hemp consumer CBD product requirements
6 under this Act or under rules adopted under this Act.
7 (c) The product registration application shall include,
8 but is not limited to:
9 (1) the name of the hemp consumer CBD product;
10 (2) a recently conducted certificate of analysis; and
11 (3) a depiction of the label on the hemp consumer CBD
12 product.
13 (d) The Department shall maintain a list of registered
14 hemp consumer CBD products on its website.
15 (e) A new registration shall be submitted if there is a
16 change to the name, label, recipe, or chemical composition of
17 the hemp consumer CBD product.
18 (f) Any registered hemp consumer CBD product offered for
19 sale in the State may be subject to product inspection and
20 sampling by the Department to ensure compliance with the
21 registration requirements. Any retailer of a hemp consumer CBD
22 product shall provide the Department with a reasonable sample
23 upon request not to exceed 2 units per product type.
24 (g) The Department may deregister any registered hemp
25 consumer CBD product that is found not to be in compliance with
26 the Act. The Department shall maintain a list of hemp consumer
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1 CBD products that have been deregistered on its website.
2 Retail establishments shall have 30 days to remove from sale
3 all hemp consumer CBD products that have been deregistered.
4 (h) The Department may prohibit a hemp consumer CBD
5 product registrant from registering hemp consumer CBD products
6 if the registrant has had 3 hemp consumer CBD products
7 deregistered in a one-year period, or as otherwise provided
8 for by rule.
9 (i) The Department shall set and collect a fee of $150 for
10 the registration of each hemp consumer CBD product, which
11 shall be deposited into the Industrial Hemp Regulatory Fund.
12 The Department may adjust the fee by rule.
13 (j) The Department may adopt rules regarding the
14 registration of hemp consumer CBD products.
15 (k) Retailers or entities that offer for sale products
16 that are found to meet the definition of a hemp consumer CBD
17 product but are not registered are subject to a $500 fine per
18 product.
19 Section 30. Requirements of hemp consumer CBD products.
20 (a) All hemp consumer CBD products distributed, sold, or
21 offered for sale in this State shall be subject to the
22 following minimum requirements:
23 (1) the hemp consumer CBD product shall:
24 (A) contain naturally occurring hemp
25 phytocannabinoids;
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1 (B) be intended for consumption by any means,
2 including, but not limited to, oral ingestion,
3 inhalation, smoking, or topical absorption;
4 (C) contain a total tetrahydrocannabinol
5 concentration of no greater than:
6 (i) 0.3%; or
7 (ii) 0.5 milligrams per serving or individual
8 product unit, and 2 milligrams per package for
9 products sold in multiple servings or units, for
10 any beverage, food, oil, ointment, tincture,
11 topical formation, or any other product that is
12 intended for human or animal consumption by means
13 other than inhalation or smoking;
14 (D) have total hemp cannabinoid concentration that
15 is at least 25 times greater than the amount of total
16 tetrahydrocannabinol concentration per serving and per
17 package;
18 (2) not contain liquor, wine, beer, or cider or meet
19 the definition of alcoholic liquor under the Liquor
20 Control Act of 1934;
21 (3) not contain tobacco or nicotine in the product;
22 (4) accurately reflect testing results and not contain
23 less than 90% or more than 110% of the concentration of
24 total cannabinoid content as listed on the product label;
25 (5) be prepackaged and not added to food or any other
26 consumable products at the point of sale;
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1 (6) comply with product testing standards set forth in
2 this Act; and
3 (7) not contain synthetic cannabinoids or artificially
4 derived cannabinoids.
5 (b) All concentrated hemp consumer CBD products intended
6 for inhalation or vaporization shall meet the following
7 additional requirements:
8 (1) except for hemp-derived terpenes, excipients and
9 ingredients must be pharmaceutical grade, unless otherwise
10 approved by the Department, and shall not include:
11 (A) synthetic terpenes;
12 (B) polyethylene glycol (PEG);
13 (C) vitamin E acetate;
14 (D) medium chain triglycerides (MCT oil);
15 (E) medicinal compounds;
16 (F) illegal or controlled substances;
17 (G) artificial food coloring;
18 (H) benzoic acid;
19 (I) diketones; or
20 (J) any other compound or ingredient as determined
21 by the Department in rules; and
22 (2) excipients and ingredients must not contain any
23 flavors or flavoring agents, except for hemp-derived
24 terpenes.
25 Section 35. Packaging and labeling of hemp consumer CBD
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1 products.
2 (a) All hemp consumer CBD products distributed or offered
3 for retail sale in this State shall include the following
4 information on the product label or packaging:
5 (1) a list of all ingredients in descending order of
6 predominance by weight in the product;
7 (2) The serving size and number of servings per
8 package or container, including the milligrams per serving
9 of detectable:
10 (A) individual hemp cannabinoids;
11 (B) total hemp cannabinoids;
12 (C) individual THC cannabinoids;
13 (D) total THC; and
14 (E) any other cannabinoids;
15 (3) an expiration date;
16 (4) the name of the hemp manufacturer, whether
17 in-state or out-of-state;
18 (5) a means for reporting serious adverse events; and
19 (6) any other marking, statement, or symbol required
20 by the Department, by rule.
21 (b) No hemp consumer CBD product offered for retail sale
22 shall be made attractive to children; imitate a candy label or
23 widely available food label; use fruit, cartoons, or other
24 images popularly used to advertise to children; or otherwise
25 be marketed to children.
26 (c) No hemp consumer CBD product shall be marketed,
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1 advertised, or offered for sale in a manner that would cause a
2 reasonable consumer:
3 (1) to be confused as to whether the hemp consumer CBD
4 product is trademarked, marked, or labeled in a manner
5 that violates any federal trademark law or regulation; or
6 (2) to believe that a hemp consumer CBD product is
7 cannabis, or medical cannabis, or that a licensee is
8 authorized to sell or dispense cannabis or medical
9 cannabis, as those terms are defined in the Cannabis
10 Regulation and Tax Act or the Compassionate Use of Medical
11 Cannabis Program Act.
12 (d) All hemp consumer CBD products offered for retail sale
13 shall include the following warnings on the product label or
14 packaging, in a manner that is clear and conspicuous:
15 (1) a warning that the product must be kept out of the
16 reach of children and pets;
17 (2) a warning that the product has not been evaluated
18 or approved by the Food and Drug Administration for safety
19 or efficacy;
20 (3) a warning that a pregnant or nursing consumer
21 should consult the consumer's health care provider before
22 use;
23 (4) for hemp consumer CBD products intended to be
24 inhaled or vaporized, a warning stating that smoking or
25 vaping is hazardous to your health; and
26 (5) any other warning required by the Department.
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1 Section 40. Laboratory testing requirements for hemp
2 consumer CBD products.
3 (a) The Department shall approve hemp consumer CBD product
4 testing laboratories to be contracted by licensees under this
5 Act for testing of hemp consumer CBD products. All approved
6 testing laboratories shall be listed on the Department's
7 website. Out-of-state laboratories may be approved by the
8 Department.
9 (b) All approved testing laboratories shall maintain:
10 (1) ISO/IEC 17025 accreditation for the physical
11 testing location and for the testing of one or more of the
12 analytes determined by the department;
13 (2) a valid scope of accreditation, issued by an
14 accreditation body, that attests to the laboratory's
15 competence to perform testing of hemp consumer CBD
16 products;
17 (3) method validation records for all testing
18 conducted;
19 (4) standard operating procedures for the sampling of
20 hemp consumer CBD products; and
21 (5) maintain testing methodologies to ascertain the
22 presence of synthetic cannabinoids, artificially derived
23 cannabinoids, or cannabinoids created through
24 isomerization, including tetrahydrocannabinol created
25 through isomerization.
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1 (c) Hemp cannabinoid products shall not be sold within
2 this State if hemp cannabinoid, THC, or other contaminants are
3 detected at levels greater than provided for by this Act or
4 rules or guidance adopted by the Department.
5 (d) Hemp cannabinoid products shall be considered
6 adulterated and shall not be sold within this State if there is
7 the presence of synthetic cannabinoids, artificially derived
8 cannabinoids, or cannabinoids created through isomerization,
9 including tetrahydrocannabinol created through isomerization.
10 (e) The Department may impose additional testing
11 requirements, including, but not limited to, testing for
12 additional analytes, setting stricter analyte, and mandating
13 the use of specific sampling methodologies per lot, analyte
14 per process, or batch manufactured.
15 (f) The Department shall make available a list of required
16 analytes, their acceptable limits, and approved testing
17 methods on the Department's website and in any other manner as
18 determined by the Department.
19 (g) The total tetrahydrocannabinol concentration for hemp
20 consumer CBD products shall not exceed the limits established
21 in this Act.
22 (h) If a hemp consumer CBD product fails testing, the
23 processor may elect to reformulate the failing batch to reduce
24 the total tetrahydrocannabinol of the batch to comply with the
25 THC limits established by this Act. If the reformulated batch
26 still exceeds the THC limits, the processor shall destroy the
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1 batch.
2 (i) If a hemp consumer CBD product is found to contain
3 levels of any pathogen, toxicant, residual solvent, metal, or
4 pesticide not enumerated in this Section or by other State
5 law, then the product may not be sold in this State.
6 Section 45. Advertising requirements. An advertisement for
7 a hemp consumer CBD product shall not:
8 (1) include any false or misleading statements,
9 images, or other content, including, but not limited to,
10 any health claims;
11 (2) contain claims that hemp consumption or a hemp
12 consumer CBD product can, or is intended to, diagnose,
13 cure, mitigate, treat, or prevent disease;
14 (3) lead a reasonable consumer to believe that a hemp
15 consumer CBD product is cannabis or medical cannabis,
16 including any product that exceeds the THC limits
17 established under this Act for lawful hemp consumer CBD
18 products, or that a licensee is authorized to sell or
19 dispense cannabis or medical cannabis; or
20 (4) have the purpose or effect of targeting or being
21 attractive to individuals under 21 years of age. The use
22 of images of children or minors consuming hemp consumer
23 CBD products and the use of words, designs, or brands that
24 resemble products commonly associated with children,
25 minors, or marketed to children or minors, is prohibited.
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1 Section 50. Sale of hemp-derived products to cannabis
2 business establishments.
3 (a) A hemp product manufacturer may sell final
4 hemp-derived intoxicating products to a craft grower and
5 infuser organization licensed under the Cannabis Regulation
6 and Tax Act to be sold as a cannabis-infused product to a
7 dispensing organization.
8 (b) A hemp-derived intoxicating product may contain up to
9 5 milligrams per serving and 10 milligrams per package of
10 delta-9-tetrahydrocannabinol. A hemp-derived intoxicating
11 product may not contain any other form of THC except
12 delta-9-tetrahydrocannabinol.
13 (c) A hemp-derived intoxicating product received by a
14 craft grower or infuser must comply with all requirements of
15 the Cannabis Regulation and Tax Act before sale to a
16 dispensing organization.
17 (d) The sale of hemp-derived intoxicating product to
18 cannabis business establishments shall be subject to any
19 requirements and prohibitions set by administrative rule by
20 the Department.
21 (e) A hemp-derived intoxicating product, in addition to
22 meeting any label requirement of the Cannabis Regulation and
23 Tax Act, must indicate on the label that the product was
24 derived from hemp.
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1 Section 55. License suspension; revocation; other
2 penalties.
3 (a) Notwithstanding any other criminal penalties related
4 to the unlawful possession of cannabis, the Department may
5 revoke, suspend, place on probation, reprimand, issue cease
6 and desist orders, refuse to issue or renew a license, or take
7 any other disciplinary or nondisciplinary action as the
8 Department may deem proper with regard to a hemp consumer
9 product manufacturer, including fines not to exceed $15,000
10 for each violation of this Act or rules adopted under this Act.
11 (b) The Department shall consider licensee cooperation in
12 any agency or other investigation in its determination of
13 penalties imposed under this Section.
14 (c) The procedures for disciplining a hemp consumer
15 product manufacturer and for administrative hearings shall be
16 determined by rule, and shall provide for the review of final
17 decisions under the Administrative Review Law.
18 Section 60. Administration and enforcement; rules;
19 inspections.
20 (a) The Department shall administer and enforce this Act
21 and may adopt rules under the Illinois Administrative
22 Procedure Act for the purpose of administering and enforcing
23 this Act.
24 (b) The Department shall update, through official guidance
25 and publish publicly on its website, the cannabinoids that it
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1 deems tetrahydrocannabinol or THC on or before January 1 and
2 July 1 of each calendar year.
3 (c) The Department may develop rules setting forth
4 labeling, packaging, and minimum testing requirements of
5 cannabinoid products.
6 (d) The Department of Public Health, local health
7 departments, the Illinois State Police, local sheriff's
8 departments, municipal police departments, and the Department
9 of Revenue may inspect any business that manufactures,
10 processes, or offers for sale cannabinoid products in the
11 State if a formal complaint is registered with the appropriate
12 agency in order to ensure compliance with this Act. The
13 Department may inspect any business that manufactures,
14 processes, or offers for sale cannabinoid products in the
15 State to ensure compliance with this Act. The Department may
16 enter into intergovernmental agreements to enforce this Act
17 and any rules adopted under this Act.
18 Section 70. Temporary restraining order or injunction. The
19 Director, through the Attorney General or any unit of local
20 government, may file a complaint and apply to the circuit
21 court for, and the court upon hearing and for cause shown may
22 grant, a temporary restraining order or a preliminary or
23 permanent injunction restraining any person from violating
24 this Act.
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1 Section 805. The Illinois Procurement Code is amended by
2 changing Section 1-10 as follows:
3 (30 ILCS 500/1-10)
4 Sec. 1-10. Application.
5 (a) This Code applies only to procurements for which
6 bidders, offerors, potential contractors, or contractors were
7 first solicited on or after July 1, 1998. This Code shall not
8 be construed to affect or impair any contract, or any
9 provision of a contract, entered into based on a solicitation
10 prior to the implementation date of this Code as described in
11 Article 99, including, but not limited to, any covenant
12 entered into with respect to any revenue bonds or similar
13 instruments. All procurements for which contracts are
14 solicited between the effective date of Articles 50 and 99 and
15 July 1, 1998 shall be substantially in accordance with this
16 Code and its intent.
17 (b) This Code shall apply regardless of the source of the
18 funds with which the contracts are paid, including federal
19 assistance moneys. This Code shall not apply to:
20 (1) Contracts between the State and its political
21 subdivisions or other governments, or between State
22 governmental bodies, except as specifically provided in
23 this Code.
24 (2) Grants, except for the filing requirements of
25 Section 20-80.
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1 (3) Purchase of care, except as provided in Section
2 5-30.6 of the Illinois Public Aid Code and this Section.
3 (4) Hiring of an individual as an employee and not as
4 an independent contractor, whether pursuant to an
5 employment code or policy or by contract directly with
6 that individual.
7 (5) Collective bargaining contracts.
8 (6) Purchase of real estate, except that notice of
9 this type of contract with a value of more than $25,000
10 must be published in the Procurement Bulletin within 10
11 calendar days after the deed is recorded in the county of
12 jurisdiction. The notice shall identify the real estate
13 purchased, the names of all parties to the contract, the
14 value of the contract, and the effective date of the
15 contract.
16 (7) Contracts necessary to prepare for anticipated
17 litigation, enforcement actions, or investigations,
18 provided that the chief legal counsel to the Governor
19 shall give his or her prior approval when the procuring
20 agency is one subject to the jurisdiction of the Governor,
21 and provided that the chief legal counsel of any other
22 procuring entity subject to this Code shall give his or
23 her prior approval when the procuring entity is not one
24 subject to the jurisdiction of the Governor.
25 (8) (Blank).
26 (9) Procurement expenditures by the Illinois
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1 Conservation Foundation when only private funds are used.
2 (10) (Blank).
3 (11) Public-private agreements entered into according
4 to the procurement requirements of Section 20 of the
5 Public-Private Partnerships for Transportation Act and
6 design-build agreements entered into according to the
7 procurement requirements of Section 25 of the
8 Public-Private Partnerships for Transportation Act.
9 (12) (A) Contracts for legal, financial, and other
10 professional and artistic services entered into by the
11 Illinois Finance Authority in which the State of Illinois
12 is not obligated. Such contracts shall be awarded through
13 a competitive process authorized by the members of the
14 Illinois Finance Authority and are subject to Sections
15 5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,
16 as well as the final approval by the members of the
17 Illinois Finance Authority of the terms of the contract.
18 (B) Contracts for legal and financial services entered
19 into by the Illinois Housing Development Authority in
20 connection with the issuance of bonds in which the State
21 of Illinois is not obligated. Such contracts shall be
22 awarded through a competitive process authorized by the
23 members of the Illinois Housing Development Authority and
24 are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,
25 and 50-37 of this Code, as well as the final approval by
26 the members of the Illinois Housing Development Authority
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1 of the terms of the contract.
2 (13) Contracts for services, commodities, and
3 equipment to support the delivery of timely forensic
4 science services in consultation with and subject to the
5 approval of the Chief Procurement Officer as provided in
6 subsection (d) of Section 5-4-3a of the Unified Code of
7 Corrections, except for the requirements of Sections
8 20-60, 20-65, 20-70, and 20-160 and Article 50 of this
9 Code; however, the Chief Procurement Officer may, in
10 writing with justification, waive any certification
11 required under Article 50 of this Code. For any contracts
12 for services which are currently provided by members of a
13 collective bargaining agreement, the applicable terms of
14 the collective bargaining agreement concerning
15 subcontracting shall be followed.
16 On and after January 1, 2019, this paragraph (13),
17 except for this sentence, is inoperative.
18 (14) Contracts for participation expenditures required
19 by a domestic or international trade show or exhibition of
20 an exhibitor, member, or sponsor.
21 (15) Contracts with a railroad or utility that
22 requires the State to reimburse the railroad or utilities
23 for the relocation of utilities for construction or other
24 public purpose. Contracts included within this paragraph
25 (15) shall include, but not be limited to, those
26 associated with: relocations, crossings, installations,
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1 and maintenance. For the purposes of this paragraph (15),
2 "railroad" means any form of non-highway ground
3 transportation that runs on rails or electromagnetic
4 guideways and "utility" means: (1) public utilities as
5 defined in Section 3-105 of the Public Utilities Act, (2)
6 telecommunications carriers as defined in Section 13-202
7 of the Public Utilities Act, (3) electric cooperatives as
8 defined in Section 3.4 of the Electric Supplier Act, (4)
9 telephone or telecommunications cooperatives as defined in
10 Section 13-212 of the Public Utilities Act, (5) rural
11 water or waste water systems with 10,000 connections or
12 less, (6) a holder as defined in Section 21-201 of the
13 Public Utilities Act, and (7) municipalities owning or
14 operating utility systems consisting of public utilities
15 as that term is defined in Section 11-117-2 of the
16 Illinois Municipal Code.
17 (16) Procurement expenditures necessary for the
18 Department of Public Health to provide the delivery of
19 timely newborn screening services in accordance with the
20 Newborn Metabolic Screening Act.
21 (17) Procurement expenditures necessary for the
22 Department of Agriculture, the Department of Financial and
23 Professional Regulation, the Department of Human Services,
24 and the Department of Public Health to implement the
25 Compassionate Use of Medical Cannabis Program and Opioid
26 Alternative Pilot Program requirements and ensure access
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1 to medical cannabis for patients with debilitating medical
2 conditions in accordance with the Compassionate Use of
3 Medical Cannabis Program Act.
4 (18) This Code does not apply to any procurements
5 necessary for the Department of Agriculture or , the
6 Department of Financial and Professional Regulation, the
7 Department of Human Services, the Department of Commerce
8 and Economic Opportunity, and the Department of Public
9 Health to implement the Cannabis Regulation and Tax Act
10 and for the Department of Agriculture to implement the
11 Hemp Consumer Products Act, if the applicable agency has
12 made a good faith determination that it is necessary and
13 appropriate for the expenditure to fall within this
14 exemption and if the process is conducted in a manner
15 substantially in accordance with the requirements of
16 Sections 20-160, 25-60, 30-22, 50-5, 50-10, 50-10.5,
17 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, 50-36, 50-37,
18 50-38, and 50-50 of this Code; however, for Section 50-35,
19 compliance applies only to contracts or subcontracts over
20 $100,000. Notice of each contract entered into under this
21 paragraph (18) that is related to the procurement of goods
22 and services identified in paragraph (1) through (9) of
23 this subsection shall be published in the Procurement
24 Bulletin within 14 calendar days after contract execution.
25 The Chief Procurement Officer shall prescribe the form and
26 content of the notice. Each agency shall provide the Chief
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1 Procurement Officer, on a monthly basis, in the form and
2 content prescribed by the Chief Procurement Officer, a
3 report of contracts that are related to the procurement of
4 goods and services identified in this subsection. At a
5 minimum, this report shall include the name of the
6 contractor, a description of the supply or service
7 provided, the total amount of the contract, the term of
8 the contract, and the exception to this Code utilized. A
9 copy of any or all of these contracts shall be made
10 available to the Chief Procurement Officer immediately
11 upon request. The Chief Procurement Officer shall submit a
12 report to the Governor and General Assembly no later than
13 November 1 of each year that includes, at a minimum, an
14 annual summary of the monthly information reported to the
15 Chief Procurement Officer. This exemption becomes
16 inoperative 7 5 years after June 25, 2019 (the effective
17 date of Public Act 101-27).
18 (19) Acquisition of modifications or adjustments,
19 limited to assistive technology devices and assistive
20 technology services, adaptive equipment, repairs, and
21 replacement parts to provide reasonable accommodations (i)
22 that enable a qualified applicant with a disability to
23 complete the job application process and be considered for
24 the position such qualified applicant desires, (ii) that
25 modify or adjust the work environment to enable a
26 qualified current employee with a disability to perform
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1 the essential functions of the position held by that
2 employee, (iii) to enable a qualified current employee
3 with a disability to enjoy equal benefits and privileges
4 of employment as are enjoyed by other similarly situated
5 employees without disabilities, and (iv) that allow a
6 customer, client, claimant, or member of the public
7 seeking State services full use and enjoyment of and
8 access to its programs, services, or benefits.
9 For purposes of this paragraph (19):
10 "Assistive technology devices" means any item, piece
11 of equipment, or product system, whether acquired
12 commercially off the shelf, modified, or customized, that
13 is used to increase, maintain, or improve functional
14 capabilities of individuals with disabilities.
15 "Assistive technology services" means any service that
16 directly assists an individual with a disability in
17 selection, acquisition, or use of an assistive technology
18 device.
19 "Qualified" has the same meaning and use as provided
20 under the federal Americans with Disabilities Act when
21 describing an individual with a disability.
22 (20) Procurement expenditures necessary for the
23 Illinois Commerce Commission to hire third-party
24 facilitators pursuant to Sections 16-105.17 and 16-108.18
25 of the Public Utilities Act or an ombudsman pursuant to
26 Section 16-107.5 of the Public Utilities Act, a
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1 facilitator pursuant to Section 16-105.17 of the Public
2 Utilities Act, or a grid auditor pursuant to Section
3 16-105.10 of the Public Utilities Act.
4 (21) Procurement expenditures for the purchase,
5 renewal, and expansion of software, software licenses, or
6 software maintenance agreements that support the efforts
7 of the Illinois State Police to enforce, regulate, and
8 administer the Firearm Owners Identification Card Act, the
9 Firearm Concealed Carry Act, the Firearms Restraining
10 Order Act, the Firearm Dealer License Certification Act,
11 the Law Enforcement Agencies Data System (LEADS), the
12 Uniform Crime Reporting Act, the Criminal Identification
13 Act, the Illinois Uniform Conviction Information Act, and
14 the Gun Trafficking Information Act, or establish or
15 maintain record management systems necessary to conduct
16 human trafficking investigations or gun trafficking or
17 other stolen firearm investigations. This paragraph (21)
18 applies to contracts entered into on or after January 10,
19 2023 (the effective date of Public Act 102-1116) and the
20 renewal of contracts that are in effect on January 10,
21 2023 (the effective date of Public Act 102-1116).
22 (22) Contracts for project management services and
23 system integration services required for the completion of
24 the State's enterprise resource planning project. This
25 exemption becomes inoperative 5 years after June 7, 2023
26 (the effective date of the changes made to this Section by
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1 Public Act 103-8). This paragraph (22) applies to
2 contracts entered into on or after June 7, 2023 (the
3 effective date of the changes made to this Section by
4 Public Act 103-8) and the renewal of contracts that are in
5 effect on June 7, 2023 (the effective date of the changes
6 made to this Section by Public Act 103-8).
7 (23) Procurements necessary for the Department of
8 Insurance to implement the Illinois Health Benefits
9 Exchange Law if the Department of Insurance has made a
10 good faith determination that it is necessary and
11 appropriate for the expenditure to fall within this
12 exemption. The procurement process shall be conducted in a
13 manner substantially in accordance with the requirements
14 of Sections 20-160 and 25-60 and Article 50 of this Code. A
15 copy of these contracts shall be made available to the
16 Chief Procurement Officer immediately upon request. This
17 paragraph is inoperative 5 years after June 27, 2023 (the
18 effective date of Public Act 103-103).
19 (24) Contracts for public education programming,
20 noncommercial sustaining announcements, public service
21 announcements, and public awareness and education
22 messaging with the nonprofit trade associations of the
23 providers of those services that inform the public on
24 immediate and ongoing health and safety risks and hazards.
25 (25) Procurements necessary for the Department of
26 Early Childhood to implement the Department of Early
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1 Childhood Act if the Department has made a good faith
2 determination that it is necessary and appropriate for the
3 expenditure to fall within this exemption. This exemption
4 shall only be used for products and services procured
5 solely for use by the Department of Early Childhood. The
6 procurements may include those necessary to design and
7 build integrated, operational systems of programs and
8 services. The procurements may include, but are not
9 limited to, those necessary to align and update program
10 standards, integrate funding systems, design and establish
11 data and reporting systems, align and update models for
12 technical assistance and professional development, design
13 systems to manage grants and ensure compliance, design and
14 implement management and operational structures, and
15 establish new means of engaging with families, educators,
16 providers, and stakeholders. The procurement processes
17 shall be conducted in a manner substantially in accordance
18 with the requirements of Article 50 (ethics) and Sections
19 5-5 (Procurement Policy Board), 5-7 (Commission on Equity
20 and Inclusion), 20-80 (contract files), 20-120
21 (subcontractors), 20-155 (paperwork), 20-160
22 (ethics/campaign contribution prohibitions), 25-60
23 (prevailing wage), and 25-90 (prohibited and authorized
24 cybersecurity) of this Code. Beginning January 1, 2025,
25 the Department of Early Childhood shall provide a
26 quarterly report to the General Assembly detailing a list
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1 of expenditures and contracts for which the Department
2 uses this exemption. This paragraph is inoperative on and
3 after July 1, 2027.
4 (26) (25) Procurements that are necessary for
5 increasing the recruitment and retention of State
6 employees, particularly minority candidates for
7 employment, including:
8 (A) procurements related to registration fees for
9 job fairs and other outreach and recruitment events;
10 (B) production of recruitment materials; and
11 (C) other services related to recruitment and
12 retention of State employees.
13 The exemption under this paragraph (26) (25) applies
14 only if the State agency has made a good faith
15 determination that it is necessary and appropriate for the
16 expenditure to fall within this paragraph (26) (25). The
17 procurement process under this paragraph (26) (25) shall
18 be conducted in a manner substantially in accordance with
19 the requirements of Sections 20-160 and 25-60 and Article
20 50 of this Code. A copy of these contracts shall be made
21 available to the Chief Procurement Officer immediately
22 upon request. Nothing in this paragraph (26) (25)
23 authorizes the replacement or diminishment of State
24 responsibilities in hiring or the positions that
25 effectuate that hiring. This paragraph (26) (25) is
26 inoperative on and after June 30, 2029.
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1 Notwithstanding any other provision of law, for contracts
2 with an annual value of more than $100,000 entered into on or
3 after October 1, 2017 under an exemption provided in any
4 paragraph of this subsection (b), except paragraph (1), (2),
5 or (5), each State agency shall post to the appropriate
6 procurement bulletin the name of the contractor, a description
7 of the supply or service provided, the total amount of the
8 contract, the term of the contract, and the exception to the
9 Code utilized. The chief procurement officer shall submit a
10 report to the Governor and General Assembly no later than
11 November 1 of each year that shall include, at a minimum, an
12 annual summary of the monthly information reported to the
13 chief procurement officer.
14 (c) This Code does not apply to the electric power
15 procurement process provided for under Section 1-75 of the
16 Illinois Power Agency Act and Section 16-111.5 of the Public
17 Utilities Act. This Code does not apply to the procurement of
18 technical and policy experts pursuant to Section 1-129 of the
19 Illinois Power Agency Act.
20 (d) Except for Section 20-160 and Article 50 of this Code,
21 and as expressly required by Section 9.1 of the Illinois
22 Lottery Law, the provisions of this Code do not apply to the
23 procurement process provided for under Section 9.1 of the
24 Illinois Lottery Law.
25 (e) This Code does not apply to the process used by the
26 Capital Development Board to retain a person or entity to
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1 assist the Capital Development Board with its duties related
2 to the determination of costs of a clean coal SNG brownfield
3 facility, as defined by Section 1-10 of the Illinois Power
4 Agency Act, as required in subsection (h-3) of Section 9-220
5 of the Public Utilities Act, including calculating the range
6 of capital costs, the range of operating and maintenance
7 costs, or the sequestration costs or monitoring the
8 construction of clean coal SNG brownfield facility for the
9 full duration of construction.
10 (f) (Blank).
11 (g) (Blank).
12 (h) This Code does not apply to the process to procure or
13 contracts entered into in accordance with Sections 11-5.2 and
14 11-5.3 of the Illinois Public Aid Code.
15 (i) Each chief procurement officer may access records
16 necessary to review whether a contract, purchase, or other
17 expenditure is or is not subject to the provisions of this
18 Code, unless such records would be subject to attorney-client
19 privilege.
20 (j) This Code does not apply to the process used by the
21 Capital Development Board to retain an artist or work or works
22 of art as required in Section 14 of the Capital Development
23 Board Act.
24 (k) This Code does not apply to the process to procure
25 contracts, or contracts entered into, by the State Board of
26 Elections or the State Electoral Board for hearing officers
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1 appointed pursuant to the Election Code.
2 (l) This Code does not apply to the processes used by the
3 Illinois Student Assistance Commission to procure supplies and
4 services paid for from the private funds of the Illinois
5 Prepaid Tuition Fund. As used in this subsection (l), "private
6 funds" means funds derived from deposits paid into the
7 Illinois Prepaid Tuition Trust Fund and the earnings thereon.
8 (m) This Code shall apply regardless of the source of
9 funds with which contracts are paid, including federal
10 assistance moneys. Except as specifically provided in this
11 Code, this Code shall not apply to procurement expenditures
12 necessary for the Department of Public Health to conduct the
13 Healthy Illinois Survey in accordance with Section 2310-431 of
14 the Department of Public Health Powers and Duties Law of the
15 Civil Administrative Code of Illinois.
16 (Source: P.A. 102-175, eff. 7-29-21; 102-483, eff 1-1-22;
17 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, eff.
18 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22;
19 102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-103, eff.
20 6-27-23; 103-570, eff. 1-1-24; 103-580, eff. 12-8-23; 103-594,
21 eff. 6-25-24; 103-605, eff. 7-1-24; 103-865, eff. 1-1-25;
22 revised 11-26-24.)
23 Section 810. The State Finance Act is amended by changing
24 Section 6z-112 as follows:
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1 (30 ILCS 105/6z-112)
2 Sec. 6z-112. The Cannabis Regulation Fund.
3 (a) There is created the Cannabis Regulation Fund in the
4 State treasury, subject to appropriations unless otherwise
5 provided in this Section. All moneys collected under the
6 Cannabis Regulation and Tax Act shall be deposited into the
7 Cannabis Regulation Fund, consisting of taxes, license fees,
8 other fees, and any other amounts required to be deposited or
9 transferred into the Fund.
10 (b) Whenever the Department of Revenue determines that a
11 refund should be made under the Cannabis Regulation and Tax
12 Act to a claimant, the Department of Revenue shall submit a
13 voucher for payment to the State Comptroller, who shall cause
14 the order to be drawn for the amount specified and to the
15 person named in the notification from the Department of
16 Revenue. This subsection (b) shall constitute an irrevocable
17 and continuing appropriation of all amounts necessary for the
18 payment of refunds out of the Fund as authorized under this
19 subsection (b).
20 (c) On or before the 25th day of each calendar month, the
21 Department of Revenue shall prepare and certify to the State
22 Comptroller the transfer and allocations of stated sums of
23 money from the Cannabis Regulation Fund to other named funds
24 in the State treasury. The amount subject to transfer shall be
25 the amount of the taxes, license fees, other fees, and any
26 other amounts paid into the Fund during the second preceding
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1 calendar month, minus the refunds made under subsection (b)
2 during the second preceding calendar month by the Department.
3 The transfers shall be certified as follows:
4 (1) The Department of Revenue shall first determine
5 the allocations which shall remain in the Cannabis
6 Regulation Fund, subject to appropriations, to pay for the
7 direct and indirect costs associated with the
8 implementation, administration, and enforcement of the
9 Cannabis Regulation and Tax Act by the Department of
10 Revenue, the Department of State Police, the Department of
11 Financial and Professional Regulation, the Department of
12 Agriculture, the Department of Public Health, the
13 Department of Commerce and Economic Opportunity, and the
14 Illinois Criminal Justice Information Authority, and the
15 Hemp Consumer Products Act by the Department of
16 Agriculture.
17 (2) After the allocations have been made as provided
18 in paragraph (1) of this subsection (c), of the remainder
19 of the amount subject to transfer for the month as
20 determined in this subsection (c), the Department shall
21 certify the transfer into the Cannabis Expungement Fund
22 1/12 of the fiscal year amount appropriated from the
23 Cannabis Expungement Fund for payment of costs incurred by
24 State courts, the Attorney General, State's Attorneys,
25 civil legal aid, as defined by Section 15 of the Public
26 Interest Attorney Assistance Act, and the Department of
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1 State Police to facilitate petitions for expungement of
2 Minor Cannabis Offenses pursuant to Public Act 101-27, as
3 adjusted by any supplemental appropriation, plus
4 cumulative deficiencies in such transfers for prior
5 months.
6 (3) After the allocations have been made as provided
7 in paragraphs (1) and (2) of this subsection (c), the
8 Department of Revenue shall certify to the State
9 Comptroller and the State Treasurer shall transfer the
10 amounts that the Department of Revenue determines shall be
11 transferred into the following named funds according to
12 the following:
13 (A) 2% shall be transferred to the Drug Treatment
14 Fund to be used by the Department of Human Services
15 for: (i) developing and administering a scientifically
16 and medically accurate public education campaign
17 educating youth and adults about the health and safety
18 risks of alcohol, tobacco, illegal drug use (including
19 prescription drugs), and cannabis, including use by
20 pregnant women; and (ii) data collection and analysis
21 of the public health impacts of legalizing the
22 recreational use of cannabis. Expenditures for these
23 purposes shall be subject to appropriations.
24 (B) 8% shall be transferred to the Local
25 Government Distributive Fund and allocated as provided
26 in Section 2 of the State Revenue Sharing Act. The
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1 moneys shall be used to fund crime prevention
2 programs, training, and interdiction efforts,
3 including detection, enforcement, and prevention
4 efforts, relating to the illegal cannabis market and
5 driving under the influence of cannabis.
6 (C) 25% shall be transferred to the Criminal
7 Justice Information Projects Fund to be used for the
8 purposes of the Restore, Reinvest, and Renew Program
9 to address economic development, violence prevention
10 services, re-entry services, youth development, and
11 civil legal aid, as defined by Section 15 of the Public
12 Interest Attorney Assistance Act. The Restore,
13 Reinvest, and Renew Program shall address these issues
14 through targeted investments and intervention programs
15 and promotion of an employment infrastructure and
16 capacity building related to the social determinants
17 of health in impacted community areas. Expenditures
18 for these purposes shall be subject to appropriations.
19 (D) 20% shall be transferred to the Department of
20 Human Services Community Services Fund, to be used to
21 address substance abuse and prevention and mental
22 health concerns, including treatment, education, and
23 prevention to address the negative impacts of
24 substance abuse and mental health issues, including
25 concentrated poverty, violence, and the historical
26 overuse of criminal justice responses in certain
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1 communities, on the individual, family, and community,
2 including federal, State, and local governments,
3 health care institutions and providers, and
4 correctional facilities. Expenditures for these
5 purposes shall be subject to appropriations.
6 (E) 10% shall be transferred to the Budget
7 Stabilization Fund.
8 (F) 35%, or any remaining balance, shall be
9 transferred to the General Revenue Fund.
10 As soon as may be practical, but no later than 10 days
11 after receipt, by the State Comptroller of the transfer
12 certification provided for in this subsection (c) to be given
13 to the State Comptroller by the Department of Revenue, the
14 State Comptroller shall direct and the State Treasurer shall
15 transfer the respective amounts in accordance with the
16 directions contained in such certification.
17 (d) On July 1, 2019 the Department of Revenue shall
18 certify to the State Comptroller and the State Treasurer shall
19 transfer $5,000,000 from the Compassionate Use of Medical
20 Cannabis Fund to the Cannabis Regulation Fund.
21 (e) Notwithstanding any other law to the contrary and
22 except as otherwise provided in this Section, this Fund is not
23 subject to sweeps, administrative charge-backs, or any other
24 fiscal or budgetary maneuver that would in any way transfer
25 any amounts from this Fund into any other fund of the State.
26 (f) The Cannabis Regulation Fund shall retain a balance of
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1 $1,000,000 for the purposes of administrative costs.
2 (g) In Fiscal Year 2024 the allocations in subsection (c)
3 of this Section shall be reviewed and adjusted if the General
4 Assembly finds there is a greater need for funding for a
5 specific purpose in the State as it relates to Public Act
6 101-27.
7 (Source: P.A. 101-27, eff. 6-25-19; 102-558, eff. 8-20-21.)
8 Section 815. The Cannabis Regulation and Tax Act is
9 amended by changing Sections 1-10, 15-155, 55-35, 60-10,
10 60-15, and 60-20 and by adding Sections 20-60, 30-30, 35-25,
11 and 55-5.5 as follows:
12 (410 ILCS 705/1-10)
13 Sec. 1-10. Definitions. In this Act:
14 "Adult Use Cultivation Center License" means a license
15 issued by the Department of Agriculture that permits a person
16 to act as a cultivation center under this Act and any
17 administrative rule made in furtherance of this Act.
18 "Adult Use Dispensing Organization License" means a
19 license issued by the Department of Financial and Professional
20 Regulation that permits a person to act as a dispensing
21 organization under this Act and any administrative rule made
22 in furtherance of this Act.
23 "Advertise" means to engage in promotional activities
24 including, but not limited to: newspaper, radio, Internet and
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1 electronic media, and television advertising; the distribution
2 of fliers and circulars; billboard advertising; and the
3 display of window and interior signs. "Advertise" does not
4 mean exterior signage displaying only the name of the licensed
5 cannabis business establishment.
6 "Application points" means the number of points a
7 Dispensary Applicant receives on an application for a
8 Conditional Adult Use Dispensing Organization License.
9 "BLS Region" means a region in Illinois used by the United
10 States Bureau of Labor Statistics to gather and categorize
11 certain employment and wage data. The 17 such regions in
12 Illinois are: Bloomington, Cape Girardeau, Carbondale-Marion,
13 Champaign-Urbana, Chicago-Naperville-Elgin, Danville,
14 Davenport-Moline-Rock Island, Decatur, Kankakee, Peoria,
15 Rockford, St. Louis, Springfield, Northwest Illinois
16 nonmetropolitan area, West Central Illinois nonmetropolitan
17 area, East Central Illinois nonmetropolitan area, and South
18 Illinois nonmetropolitan area.
19 "By lot" means a randomized method of choosing between 2
20 or more Eligible Tied Applicants or 2 or more Qualifying
21 Applicants.
22 "Cannabis" means marijuana, hashish, and other substances
23 that are identified as including any parts of the plant
24 Cannabis sativa and including derivatives or subspecies, such
25 as indica, of all strains of cannabis, whether growing or not;
26 the seeds thereof, the resin extracted from any part of the
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1 plant; and any compound, manufacture, salt, derivative,
2 mixture, or preparation of the plant, its seeds, or resin,
3 including tetrahydrocannabinol (THC) and all other naturally
4 produced cannabinol derivatives, whether produced directly or
5 indirectly by extraction, including, but not limited to, any
6 structural, optical, or geometric isomers of THC, or any
7 chemical compound that mimics THC; however, "cannabis" does
8 not include the mature stalks of the plant, fiber produced
9 from the stalks, oil or cake made from the seeds of the plant,
10 any other compound, manufacture, salt, derivative, mixture, or
11 preparation of the mature stalks (except the resin extracted
12 from it), fiber, oil or cake, or the sterilized seed of the
13 plant that is incapable of germination. "Cannabis" does not
14 include industrial hemp as defined and authorized under the
15 Industrial Hemp Act. "Cannabis" also means cannabis flower,
16 concentrate, and cannabis-infused products and any product
17 whether derived from natural or synthetic sources with a THC
18 concentration greater than the THC limit set forth in the
19 definition of Hemp consumer CBD product in the Hemp Consumer
20 Products Act.
21 "Cannabis business establishment" means a cultivation
22 center, craft grower, processing organization, infuser
23 organization, dispensing organization, or transporting
24 organization.
25 "Cannabis concentrate" means a product derived from
26 cannabis that is produced by extracting cannabinoids,
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1 including tetrahydrocannabinol (THC), from the plant through
2 the use of propylene glycol, glycerin, butter, olive oil, or
3 other typical cooking fats; water, ice, or dry ice; or butane,
4 propane, CO2, ethanol, or isopropanol and with the intended
5 use of smoking or making a cannabis-infused product. The use
6 of any other solvent is expressly prohibited unless and until
7 it is approved by the Department of Agriculture.
8 "Cannabis container" means a sealed or resealable,
9 traceable, container, or package used for the purpose of
10 containment of cannabis or cannabis-infused product during
11 transportation.
12 "Cannabis flower" means marijuana, hashish, and other
13 substances that are identified as including any parts of the
14 plant Cannabis sativa and including derivatives or subspecies,
15 such as indica, of all strains of cannabis; including raw
16 kief, leaves, and buds, but not resin that has been extracted
17 from any part of such plant; nor any compound, manufacture,
18 salt, derivative, mixture, or preparation of such plant, its
19 seeds, or resin.
20 "Cannabis-infused product" means a beverage, food, oil,
21 ointment, tincture, topical formulation, or another product
22 containing cannabis or cannabis concentrate that is not
23 intended to be smoked.
24 "Cannabis paraphernalia" means equipment, products, or
25 materials intended to be used for planting, propagating,
26 cultivating, growing, harvesting, manufacturing, producing,
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1 processing, preparing, testing, analyzing, packaging,
2 repackaging, storing, containing, concealing, ingesting, or
3 otherwise introducing cannabis into the human body.
4 "Cannabis plant monitoring system" or "plant monitoring
5 system" means a system that includes, but is not limited to,
6 testing and data collection established and maintained by the
7 cultivation center, craft grower, or processing organization
8 and that is available to the Department of Revenue, the
9 Department of Agriculture, the Department of Financial and
10 Professional Regulation, and the Illinois State Police for the
11 purposes of documenting each cannabis plant and monitoring
12 plant development throughout the life cycle of a cannabis
13 plant cultivated for the intended use by a customer from seed
14 planting to final packaging.
15 "Cannabis testing facility" means an entity registered by
16 the Department of Agriculture to test cannabis for potency and
17 contaminants.
18 "Clone" means a plant section from a female cannabis plant
19 not yet rootbound, growing in a water solution or other
20 propagation matrix, that is capable of developing into a new
21 plant.
22 "Community College Cannabis Vocational Training Pilot
23 Program faculty participant" means a person who is 21 years of
24 age or older, licensed by the Department of Agriculture, and
25 is employed or contracted by an Illinois community college to
26 provide student instruction using cannabis plants at an
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1 Illinois community college Community College.
2 "Community College Cannabis Vocational Training Pilot
3 Program faculty participant Agent Identification Card" means a
4 document issued by the Department of Agriculture that
5 identifies a person as a Community College Cannabis Vocational
6 Training Pilot Program faculty participant.
7 "Conditional Adult Use Dispensing Organization License"
8 means a contingent license awarded to applicants for an Adult
9 Use Dispensing Organization License that reserves the right to
10 an Adult Use Dispensing Organization License if the applicant
11 meets certain conditions described in this Act, but does not
12 entitle the recipient to begin purchasing or selling cannabis
13 or cannabis-infused products.
14 "Conditional Adult Use Cultivation Center License" means a
15 license awarded to top-scoring applicants for an Adult Use
16 Cultivation Center License that reserves the right to an Adult
17 Use Cultivation Center License if the applicant meets certain
18 conditions as determined by the Department of Agriculture by
19 rule, but does not entitle the recipient to begin growing,
20 processing, or selling cannabis or cannabis-infused products.
21 "Craft grower" means a facility operated by an
22 organization or business that is licensed by the Department of
23 Agriculture to cultivate, dry, cure, and package cannabis and
24 perform other necessary activities to make cannabis available
25 for sale at a dispensing organization or use at a processing
26 organization. A craft grower may contain up to 5,000 square
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1 feet of canopy space on its premises for plants in the
2 flowering state. The Department of Agriculture may authorize
3 an increase or decrease of flowering stage cultivation space
4 in increments of 3,000 square feet by rule based on market
5 need, craft grower capacity, and the licensee's history of
6 compliance or noncompliance, with a maximum space of 14,000
7 square feet for cultivating plants in the flowering stage,
8 which must be cultivated in all stages of growth in an enclosed
9 and secure area. A craft grower may share premises with a
10 processing organization or a dispensing organization, or both,
11 provided each licensee stores currency and cannabis or
12 cannabis-infused products in a separate secured vault to which
13 the other licensee does not have access or all licensees
14 sharing a vault share more than 50% of the same ownership.
15 "Craft grower agent" means a principal officer, board
16 member, employee, or other agent of a craft grower who is 21
17 years of age or older.
18 "Craft Grower Agent Identification Card" means a document
19 issued by the Department of Agriculture that identifies a
20 person as a craft grower agent.
21 "Cultivation center" means a facility operated by an
22 organization or business that is licensed by the Department of
23 Agriculture to cultivate, process, transport (unless otherwise
24 limited by this Act), and perform other necessary activities
25 to provide cannabis and cannabis-infused products to cannabis
26 business establishments.
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1 "Cultivation center agent" means a principal officer,
2 board member, employee, or other agent of a cultivation center
3 who is 21 years of age or older.
4 "Cultivation Center Agent Identification Card" means a
5 document issued by the Department of Agriculture that
6 identifies a person as a cultivation center agent.
7 "Currency" means currency and coin of the United States.
8 "Dispensary" means a facility operated by a dispensing
9 organization at which activities licensed by this Act may
10 occur.
11 "Dispensary Applicant" means the Proposed Dispensing
12 Organization Name as stated on an application for a
13 Conditional Adult Use Dispensing Organization License.
14 "Dispensing organization" means a facility operated by an
15 organization or business that is licensed by the Department of
16 Financial and Professional Regulation to acquire cannabis from
17 a cultivation center, craft grower, processing organization,
18 or another dispensary for the purpose of selling or dispensing
19 cannabis, cannabis-infused products, cannabis seeds,
20 paraphernalia, or related supplies under this Act to
21 purchasers or to qualified registered medical cannabis
22 patients and caregivers. As used in this Act, "dispensing
23 organization" includes a registered medical cannabis
24 organization as defined in the Compassionate Use of Medical
25 Cannabis Program Act or its successor Act that has obtained an
26 Early Approval Adult Use Dispensing Organization License.
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1 "Dispensing organization agent" means a principal officer,
2 employee, or agent of a dispensing organization who is 21
3 years of age or older.
4 "Dispensing organization agent identification card" means
5 a document issued by the Department of Financial and
6 Professional Regulation that identifies a person as a
7 dispensing organization agent.
8 "Disproportionately Impacted Area" means a census tract or
9 comparable geographic area that satisfies the following
10 criteria as determined by the Department of Commerce and
11 Economic Opportunity, that:
12 (1) meets at least one of the following criteria:
13 (A) the area has a poverty rate of at least 20%
14 according to the latest federal decennial census; or
15 (B) 75% or more of the children in the area
16 participate in the federal free lunch program
17 according to reported statistics from the State Board
18 of Education; or
19 (C) at least 20% of the households in the area
20 receive assistance under the Supplemental Nutrition
21 Assistance Program; or
22 (D) the area has an average unemployment rate, as
23 determined by the Illinois Department of Employment
24 Security, that is more than 120% of the national
25 unemployment average, as determined by the United
26 States Department of Labor, for a period of at least 2
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1 consecutive calendar years preceding the date of the
2 application; and
3 (2) has high rates of arrest, conviction, and
4 incarceration related to the sale, possession, use,
5 cultivation, manufacture, or transport of cannabis.
6 "Early Approval Adult Use Cultivation Center License"
7 means a license that permits a medical cannabis cultivation
8 center licensed under the Compassionate Use of Medical
9 Cannabis Program Act as of the effective date of this Act to
10 begin cultivating, infusing, packaging, transporting (unless
11 otherwise provided in this Act), processing, and selling
12 cannabis or cannabis-infused product to cannabis business
13 establishments for resale to purchasers as permitted by this
14 Act as of January 1, 2020.
15 "Early Approval Adult Use Dispensing Organization License"
16 means a license that permits a medical cannabis dispensing
17 organization licensed under the Compassionate Use of Medical
18 Cannabis Program Act as of the effective date of this Act to
19 begin selling cannabis or cannabis-infused product to
20 purchasers as permitted by this Act as of January 1, 2020.
21 "Early Approval Adult Use Dispensing Organization at a
22 secondary site" means a license that permits a medical
23 cannabis dispensing organization licensed under the
24 Compassionate Use of Medical Cannabis Program Act as of the
25 effective date of this Act to begin selling cannabis or
26 cannabis-infused product to purchasers as permitted by this
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1 Act on January 1, 2020 at a different dispensary location from
2 its existing registered medical dispensary location.
3 "Eligible Tied Applicant" means a Tied Applicant that is
4 eligible to participate in the process by which a remaining
5 available license is distributed by lot pursuant to a Tied
6 Applicant Lottery.
7 "Enclosed, locked facility" means a room, greenhouse,
8 building, or other enclosed area equipped with locks or other
9 security devices that permit access only by cannabis business
10 establishment agents working for the licensed cannabis
11 business establishment or acting pursuant to this Act to
12 cultivate, process, store, or distribute cannabis.
13 "Enclosed, locked space" means a closet, room, greenhouse,
14 building, or other enclosed area equipped with locks or other
15 security devices that permit access only by authorized
16 individuals under this Act. "Enclosed, locked space" may
17 include:
18 (1) a space within a residential building that (i) is
19 the primary residence of the individual cultivating 5 or
20 fewer cannabis plants that are more than 5 inches tall and
21 (ii) includes sleeping quarters and indoor plumbing. The
22 space must only be accessible by a key or code that is
23 different from any key or code that can be used to access
24 the residential building from the exterior; or
25 (2) a structure, such as a shed or greenhouse, that
26 lies on the same plot of land as a residential building
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1 that (i) includes sleeping quarters and indoor plumbing
2 and (ii) is used as a primary residence by the person
3 cultivating 5 or fewer cannabis plants that are more than
4 5 inches tall, such as a shed or greenhouse. The structure
5 must remain locked when it is unoccupied by people.
6 "Financial institution" has the same meaning as "financial
7 organization" as defined in Section 1501 of the Illinois
8 Income Tax Act, and also includes the holding companies,
9 subsidiaries, and affiliates of such financial organizations.
10 "Flowering stage" means the stage of cultivation where and
11 when a cannabis plant is cultivated to produce plant material
12 for cannabis products. This includes mature plants as follows:
13 (1) if greater than 2 stigmas are visible at each
14 internode of the plant; or
15 (2) if the cannabis plant is in an area that has been
16 intentionally deprived of light for a period of time
17 intended to produce flower buds and induce maturation,
18 from the moment the light deprivation began through the
19 remainder of the marijuana plant growth cycle.
20 "Individual" means a natural person.
21 "Infuser organization" or "infuser" means a facility
22 operated by an organization or business that is licensed by
23 the Department of Agriculture to directly incorporate cannabis
24 or cannabis concentrate into a product formulation to produce
25 a cannabis-infused product.
26 "Kief" means the resinous crystal-like trichomes that are
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1 found on cannabis and that are accumulated, resulting in a
2 higher concentration of cannabinoids, untreated by heat or
3 pressure, or extracted using a solvent.
4 "Labor peace agreement" means an agreement between a
5 cannabis business establishment and any labor organization
6 recognized under the National Labor Relations Act, referred to
7 in this Act as a bona fide labor organization, that prohibits
8 labor organizations and members from engaging in picketing,
9 work stoppages, boycotts, and any other economic interference
10 with the cannabis business establishment. This agreement means
11 that the cannabis business establishment has agreed not to
12 disrupt efforts by the bona fide labor organization to
13 communicate with, and attempt to organize and represent, the
14 cannabis business establishment's employees. The agreement
15 shall provide a bona fide labor organization access at
16 reasonable times to areas in which the cannabis business
17 establishment's employees work, for the purpose of meeting
18 with employees to discuss their right to representation,
19 employment rights under State law, and terms and conditions of
20 employment. This type of agreement shall not mandate a
21 particular method of election or certification of the bona
22 fide labor organization.
23 "Limited access area" means a room or other area under the
24 control of a cannabis dispensing organization licensed under
25 this Act and upon the licensed premises where cannabis sales
26 occur with access limited to purchasers, dispensing
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1 organization owners and other dispensing organization agents,
2 or service professionals conducting business with the
3 dispensing organization, or, if sales to registered qualifying
4 patients, caregivers, provisional patients, and Opioid
5 Alternative Pilot Program participants licensed pursuant to
6 the Compassionate Use of Medical Cannabis Program Act are also
7 permitted at the dispensary, registered qualifying patients,
8 caregivers, provisional patients, and Opioid Alternative Pilot
9 Program participants.
10 "Member of an impacted family" means an individual who has
11 a parent, legal guardian, child, spouse, or dependent, or was
12 a dependent of an individual who, prior to the effective date
13 of this Act, was arrested for, convicted of, or adjudicated
14 delinquent for any offense that is eligible for expungement
15 under this Act.
16 "Mother plant" means a cannabis plant that is cultivated
17 or maintained for the purpose of generating clones, and that
18 will not be used to produce plant material for sale to an
19 infuser or dispensing organization.
20 "Ordinary public view" means within the sight line with
21 normal visual range of a person, unassisted by visual aids,
22 from a public street or sidewalk adjacent to real property, or
23 from within an adjacent property.
24 "Ownership and control" means ownership of at least 51% of
25 the business, including corporate stock if a corporation, and
26 control over the management and day-to-day operations of the
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1 business and an interest in the capital, assets, and profits
2 and losses of the business proportionate to percentage of
3 ownership.
4 "Person" means a natural individual, firm, partnership,
5 association, joint stock company, joint venture, public or
6 private corporation, limited liability company, or a receiver,
7 executor, trustee, guardian, or other representative appointed
8 by order of any court.
9 "Possession limit" means the amount of cannabis under
10 Section 10-10 that may be possessed at any one time by a person
11 21 years of age or older or who is a registered qualifying
12 medical cannabis patient or caregiver under the Compassionate
13 Use of Medical Cannabis Program Act.
14 "Principal officer" includes a cannabis business
15 establishment applicant or licensed cannabis business
16 establishment's board member, owner with more than 1% interest
17 of the total cannabis business establishment or more than 5%
18 interest of the total cannabis business establishment of a
19 publicly traded company, president, vice president, secretary,
20 treasurer, partner, officer, member, manager member, or person
21 with a profit sharing, financial interest, or revenue sharing
22 arrangement. The definition includes a person with authority
23 to control the cannabis business establishment, a person who
24 assumes responsibility for the debts of the cannabis business
25 establishment and who is further defined in this Act.
26 "Primary residence" means a dwelling where a person
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1 usually stays or stays more often than other locations. It may
2 be determined by, without limitation, presence, tax filings;
3 address on an Illinois driver's license, an Illinois
4 Identification Card, or an Illinois Person with a Disability
5 Identification Card; or voter registration. No person may have
6 more than one primary residence.
7 "Processing organization" or "processor" means a facility
8 operated by an organization or business that is licensed by
9 the Department of Agriculture to either extract constituent
10 chemicals or compounds to produce cannabis concentrate or
11 incorporate cannabis or cannabis concentrate into a product
12 formulation to produce a cannabis product.
13 "Processing organization agent" means a principal officer,
14 board member, employee, or agent of a processing organization.
15 "Processing organization agent identification card" means
16 a document issued by the Department of Agriculture that
17 identifies a person as a processing organization agent.
18 "Purchaser" means a person 21 years of age or older who
19 acquires cannabis for a valuable consideration. "Purchaser"
20 does not include a cardholder under the Compassionate Use of
21 Medical Cannabis Program Act.
22 "Qualifying Applicant" means an applicant that submitted
23 an application pursuant to Section 15-30 that received at
24 least 85% of 250 application points available under Section
25 15-30 as the applicant's final score and meets the definition
26 of "Social Equity Applicant" as set forth under this Section.
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1 "Qualifying Social Equity Justice Involved Applicant"
2 means an applicant that submitted an application pursuant to
3 Section 15-30 that received at least 85% of 250 application
4 points available under Section 15-30 as the applicant's final
5 score and meets the criteria of either paragraph (1) or (2) of
6 the definition of "Social Equity Applicant" as set forth under
7 this Section.
8 "Qualified Social Equity Applicant" means a Social Equity
9 Applicant who has been awarded a conditional license under
10 this Act to operate a cannabis business establishment.
11 "Resided" means an individual's primary residence was
12 located within the relevant geographic area as established by
13 2 of the following:
14 (1) a signed lease agreement that includes the
15 applicant's name;
16 (2) a property deed that includes the applicant's
17 name;
18 (3) school records;
19 (4) a voter registration card;
20 (5) an Illinois driver's license, an Illinois
21 Identification Card, or an Illinois Person with a
22 Disability Identification Card;
23 (6) a paycheck stub;
24 (7) a utility bill;
25 (8) tax records; or
26 (9) any other proof of residency or other information
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1 necessary to establish residence as provided by rule.
2 "Smoking" means the inhalation of smoke caused by the
3 combustion of cannabis.
4 "Social Equity Applicant" means an applicant that is an
5 Illinois resident that meets one of the following criteria:
6 (1) an applicant with at least 51% ownership and
7 control by one or more individuals who have resided for at
8 least 5 of the preceding 10 years in a Disproportionately
9 Impacted Area;
10 (2) an applicant with at least 51% ownership and
11 control by one or more individuals who:
12 (i) have been arrested for, convicted of, or
13 adjudicated delinquent for any offense that is
14 eligible for expungement under this Act; or
15 (ii) is a member of an impacted family;
16 (3) for applicants with a minimum of 10 full-time
17 employees, an applicant with at least 51% of current
18 employees who:
19 (i) currently reside in a Disproportionately
20 Impacted Area; or
21 (ii) have been arrested for, convicted of, or
22 adjudicated delinquent for any offense that is
23 eligible for expungement under this Act or member of
24 an impacted family.
25 Nothing in this Act shall be construed to preempt or limit
26 the duties of any employer under the Job Opportunities for
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1 Qualified Applicants Act. Nothing in this Act shall permit an
2 employer to require an employee to disclose sealed or expunged
3 offenses, unless otherwise required by law.
4 "Tetrahydrocannabinol" or "THC" means any naturally
5 occurring or synthetic tetrahydrocannabinol, including its
6 salts, isomers, and salts of isomers whenever the existence of
7 such salts, isomers, and salts of isomers is possible within
8 the specific chemical designation and any preparation,
9 mixture, or substance containing, or mixed or infused with,
10 any detectable amount of tetrahydrocannabinol or
11 tetrahydrocannabolic acid, including, but not limited to,
12 delta-8-tetrahydrocannabinol, delta-9-tetrahydrocannabinol,
13 delta-10-tetrahydrocannabinol, tetrahydrocannabolic acid,
14 tetrahydrocannabiphorol, or hexahydrocannabinol, however
15 derived, or any other substance determined to have similar
16 intoxicating effects on the mind or body by the Department.
17 For the purposes of this definition, "isomer" means the
18 optical, position, and geometric isomers.
19 "Tied Applicant" means an application submitted by a
20 Dispensary Applicant pursuant to Section 15-30 that received
21 the same number of application points under Section 15-30 as
22 the Dispensary Applicant's final score as one or more
23 top-scoring applications in the same BLS Region and would have
24 been awarded a license but for the one or more other
25 top-scoring applications that received the same number of
26 application points. Each application for which a Dispensary
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1 Applicant was required to pay a required application fee for
2 the application period ending January 2, 2020 shall be
3 considered an application of a separate Tied Applicant.
4 "Tied Applicant Lottery" means the process established
5 under 68 Ill. Adm. Code 1291.50 for awarding Conditional Adult
6 Use Dispensing Organization Licenses pursuant to Sections
7 15-25 and 15-30 among Eligible Tied Applicants.
8 "Tincture" means a cannabis-infused solution, typically
9 comprised of alcohol, glycerin, or vegetable oils, derived
10 either directly from the cannabis plant or from a processed
11 cannabis extract. A tincture is not an alcoholic liquor as
12 defined in the Liquor Control Act of 1934. A tincture shall
13 include a calibrated dropper or other similar device capable
14 of accurately measuring servings.
15 "Transporting organization" or "transporter" means an
16 organization or business that is licensed by the Department of
17 Agriculture to transport cannabis or cannabis-infused product
18 on behalf of a cannabis business establishment or a community
19 college licensed under the Community College Cannabis
20 Vocational Training Pilot Program.
21 "Transporting organization agent" means a principal
22 officer, board member, employee, or agent of a transporting
23 organization.
24 "Transporting organization agent identification card"
25 means a document issued by the Department of Agriculture that
26 identifies a person as a transporting organization agent.
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1 "Unit of local government" means any county, city,
2 village, or incorporated town.
3 "Vegetative stage" means the stage of cultivation in which
4 a cannabis plant is propagated to produce additional cannabis
5 plants or reach a sufficient size for production. This
6 includes seedlings, clones, mothers, and other immature
7 cannabis plants as follows:
8 (1) if the cannabis plant is in an area that has not
9 been intentionally deprived of light for a period of time
10 intended to produce flower buds and induce maturation, it
11 has no more than 2 stigmas visible at each internode of the
12 cannabis plant; or
13 (2) any cannabis plant that is cultivated solely for
14 the purpose of propagating clones and is never used to
15 produce cannabis.
16 (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
17 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff.
18 5-13-22.)
19 (410 ILCS 705/15-155)
20 Sec. 15-155. Unlicensed practice; violation; civil
21 penalty.
22 (a) In addition to any other penalty provided by law, any
23 person who practices, offers to practice, attempts to
24 practice, or holds oneself out to practice as a licensed
25 dispensing organization owner, principal officer,
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1 agent-in-charge, or agent, cultivates, processes, distributes,
2 sells, or offers for sale cannabis, cannabis-infused products,
3 cannabis concentrates, or cannabis flower without being
4 licensed under this Act shall, in addition to any other
5 penalty provided by law, pay a civil penalty to the Department
6 of Financial and Professional Regulation in an amount not to
7 exceed $10,000 for each offense as determined by the
8 Department. Each day a person engages in unlicensed practice
9 in violation of the provisions of this Section constitutes a
10 separate offense. The civil penalty shall be assessed by the
11 Department after a hearing is held in accordance with the
12 provisions set forth in this Act regarding the provision of a
13 hearing for the discipline of a licensee.
14 (b) The Department, the Attorney General, any State or
15 local law enforcement agency, or any State's Attorney has the
16 authority and power to investigate any and all unlicensed
17 activity.
18 (c) The civil penalty shall be paid within 60 days after
19 the effective date of the order imposing the civil penalty or
20 in accordance with the order imposing the civil penalty. The
21 order shall constitute a judgment and may be filed and
22 execution had thereon in the same manner as any judgment from
23 any court of this State.
24 (d) A violation of subsection (a) is an unlawful practice
25 under Section 2 of the Consumer Fraud and Deceptive Business
26 Practices Act. All remedies, penalties, and authority granted
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1 to the Attorney General under that Act shall be available for
2 the enforcement of this Act.
3 (e) Nothing in this Section prohibits a unit of local
4 government from enacting a local law or ordinance to carry out
5 enforcement activities and assess civil penalties against
6 unlicensed cannabis sales.
7 (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
8 (410 ILCS 705/20-60 new)
9 Sec. 20-60. Unlicensed practice; violation; civil penalty.
10 (a) In addition to any other penalty provided by law, any
11 person who practices, offers to practice, attempts to
12 practice, or holds oneself out to practice as a licensed
13 cultivation center, infuser, or craft grower owner, principal
14 officer, agent-in-charge, or agent or who cultivates,
15 processes, distributes, sells, or offers for sale cannabis,
16 cannabis-infused products, cannabis concentrates, or cannabis
17 flower without being licensed under this Act shall, in
18 addition to any other penalty provided by law, pay a civil
19 penalty to the Department of Agriculture in an amount not to
20 exceed $10,000 for each offense. Each day any person engages
21 in unlicensed practice in violation of the provisions of this
22 Section constitutes a separate offense. The civil penalty
23 shall be assessed by the Department after a hearing is held in
24 accordance with the provisions set forth in this Act regarding
25 hearings for the discipline of a licensee.
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1 (b) The Department, the Attorney General, any State or
2 local law enforcement agency, or any State's Attorney has the
3 authority and power to investigate any and all unlicensed
4 activity.
5 (c) The civil penalty shall be paid within 60 days after
6 the effective date of the order imposing the civil penalty or
7 in accordance with the order imposing the civil penalty. The
8 order shall constitute a judgment and may be filed and
9 execution had thereon in the same manner as any judgment from
10 any court of this State.
11 (d) In addition to any other remedies or penalties
12 provided by law, a unit of local government may suspend or
13 revoke any locally established licenses held by the person,
14 and prohibit the person from further operations and seize any
15 cannabis or THC product.
16 (410 ILCS 705/30-30)
17 Sec. 30-30. Craft grower requirements; prohibitions.
18 (a) The operating documents of a craft grower shall
19 include procedures for the oversight of the craft grower, a
20 cannabis plant monitoring system including a physical
21 inventory recorded weekly, accurate recordkeeping, and a
22 staffing plan.
23 (b) A craft grower shall implement a security plan
24 reviewed by the Illinois State Police that includes, but is
25 not limited to: facility access controls, perimeter intrusion
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1 detection systems, personnel identification systems, and a
2 24-hour surveillance system to monitor the interior and
3 exterior of the craft grower facility and that is accessible
4 to authorized law enforcement and the Department of
5 Agriculture in real time.
6 (c) All cultivation of cannabis by a craft grower must
7 take place in an enclosed, locked facility at the physical
8 address provided to the Department of Agriculture during the
9 licensing process. The craft grower location shall only be
10 accessed by the agents working for the craft grower, the
11 Department of Agriculture staff performing inspections, the
12 Department of Public Health staff performing inspections,
13 State and local law enforcement or other emergency personnel,
14 contractors working on jobs unrelated to cannabis, such as
15 installing or maintaining security devices or performing
16 electrical wiring, transporting organization agents as
17 provided in this Act, or participants in the incubator
18 program, individuals in a mentoring or educational program
19 approved by the State, or other individuals as provided by
20 rule. However, if a craft grower shares a premises with an
21 infuser or dispensing organization, agents from those other
22 licensees may access the craft grower portion of the premises
23 if that is the location of common bathrooms, lunchrooms,
24 locker rooms, or other areas of the building where work or
25 cultivation of cannabis is not performed. At no time may an
26 infuser or dispensing organization agent perform work at a
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1 craft grower without being a registered agent of the craft
2 grower.
3 (d) A craft grower may not sell or distribute any cannabis
4 to any person other than a cultivation center, a craft grower,
5 an infuser organization, a dispensing organization, or as
6 otherwise authorized by rule.
7 (e) A craft grower may not be located in an area zoned for
8 residential use.
9 (f) A craft grower may not either directly or indirectly
10 discriminate in price between different cannabis business
11 establishments that are purchasing a like grade, strain,
12 brand, and quality of cannabis or cannabis-infused product.
13 Nothing in this subsection (f) prevents a craft grower from
14 pricing cannabis differently based on differences in the cost
15 of manufacturing or processing, the quantities sold, such as
16 volume discounts, or the way the products are delivered.
17 (g) All cannabis harvested by a craft grower and intended
18 for distribution to a dispensing organization must be entered
19 into a data collection system, packaged and labeled under
20 Section 55-21, and, if distribution is to a dispensing
21 organization that does not share a premises with the
22 dispensing organization receiving the cannabis, placed into a
23 cannabis container for transport. All cannabis harvested by a
24 craft grower and intended for distribution to a cultivation
25 center, to an infuser organization, or to a craft grower with
26 which it does not share a premises, must be packaged in a
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1 labeled cannabis container and entered into a data collection
2 system before transport.
3 (h) Craft growers are subject to random inspections by the
4 Department of Agriculture, local safety or health inspectors,
5 the Illinois State Police, or as provided by rule.
6 (i) A craft grower agent shall notify local law
7 enforcement, the Illinois State Police, and the Department of
8 Agriculture within 24 hours of the discovery of any loss or
9 theft. Notification shall be made by phone, in person, or
10 written or electronic communication.
11 (j) A craft grower shall comply with all State and any
12 applicable federal rules and regulations regarding the use of
13 pesticides.
14 (k) A craft grower or craft grower agent shall not
15 transport cannabis or cannabis-infused products to any other
16 cannabis business establishment without a transport
17 organization license unless:
18 (i) If the craft grower is located in a county with a
19 population of 3,000,000 or more, the cannabis business
20 establishment receiving the cannabis is within 2,000 feet
21 of the property line of the craft grower;
22 (ii) If the craft grower is located in a county with a
23 population of more than 700,000 but fewer than 3,000,000,
24 the cannabis business establishment receiving the cannabis
25 is within 2 miles of the craft grower; or
26 (iii) If the craft grower is located in a county with a
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1 population of fewer than 700,000, the cannabis business
2 establishment receiving the cannabis is within 15 miles of
3 the craft grower.
4 (l) A craft grower may enter into a contract with a
5 transporting organization to transport cannabis to a
6 cultivation center, a craft grower, an infuser organization, a
7 dispensing organization, or a laboratory.
8 (m) No person or entity shall hold any legal, equitable,
9 ownership, or beneficial interest, directly or indirectly, of
10 more than 3 craft grower licenses. Further, no person or
11 entity that is employed by, an agent of, or has a contract to
12 receive payment from or participate in the management of a
13 craft grower, is a principal officer of a craft grower, or
14 entity controlled by or affiliated with a principal officer of
15 a craft grower shall hold any legal, equitable, ownership, or
16 beneficial interest, directly or indirectly, in a craft grower
17 license that would result in the person or entity owning or
18 controlling in combination with any craft grower, principal
19 officer of a craft grower, or entity controlled or affiliated
20 with a principal officer of a craft grower by which he, she, or
21 it is employed, is an agent of, or participates in the
22 management of more than 3 craft grower licenses.
23 (n) It is unlawful for any person having a craft grower
24 license or any officer, associate, member, representative, or
25 agent of the licensee to offer or deliver money, or anything
26 else of value, directly or indirectly, to any person having an
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1 Early Approval Adult Use Dispensing Organization License, a
2 Conditional Adult Use Dispensing Organization License, an
3 Adult Use Dispensing Organization License, or a medical
4 cannabis dispensing organization license issued under the
5 Compassionate Use of Medical Cannabis Program Act, or to any
6 person connected with or in any way representing, or to any
7 member of the family of, the person holding an Early Approval
8 Adult Use Dispensing Organization License, a Conditional Adult
9 Use Dispensing Organization License, an Adult Use Dispensing
10 Organization License, or a medical cannabis dispensing
11 organization license issued under the Compassionate Use of
12 Medical Cannabis Program Act, or to any stockholders in any
13 corporation engaged in the retail sale of cannabis, or to any
14 officer, manager, agent, or representative of the Early
15 Approval Adult Use Dispensing Organization License, a
16 Conditional Adult Use Dispensing Organization License, an
17 Adult Use Dispensing Organization License, or a medical
18 cannabis dispensing organization license issued under the
19 Compassionate Use of Medical Cannabis Program Act to obtain
20 preferential placement within the dispensing organization,
21 including, without limitation, on shelves and in display cases
22 where purchasers can view products, or on the dispensing
23 organization's website.
24 (o) A craft grower shall not be located within 1,500 feet
25 of another craft grower or a cultivation center.
26 (p) A craft grower may process cannabis, cannabis
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1 concentrates, and cannabis-infused products.
2 (q) A craft grower must comply with any other requirements
3 or prohibitions set by administrative rule of the Department
4 of Agriculture.
5 (r) A craft grower may purchase a hemp-derived
6 intoxicating product from a hemp consumer product manufacturer
7 and offer a hemp-derived intoxicating product for sale to
8 another cannabis business establishment. Once a hemp-derived
9 intoxicating product is delivered to a craft grower, it is
10 considered cannabis and the craft grower is responsible for
11 ensuring the product meets all requirements of this Act.
12 (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
13 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff.
14 5-13-22.)
15 (410 ILCS 705/35-25)
16 Sec. 35-25. Infuser organization requirements;
17 prohibitions.
18 (a) The operating documents of an infuser shall include
19 procedures for the oversight of the infuser, an inventory
20 monitoring system including a physical inventory recorded
21 weekly, accurate recordkeeping, and a staffing plan.
22 (b) An infuser shall implement a security plan reviewed by
23 the Illinois State Police that includes, but is not limited
24 to: facility access controls, perimeter intrusion detection
25 systems, personnel identification systems, and a 24-hour
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1 surveillance system to monitor the interior and exterior of
2 the infuser facility and that is accessible to authorized law
3 enforcement, the Department of Public Health, and the
4 Department of Agriculture in real time.
5 (c) All processing of cannabis by an infuser must take
6 place in an enclosed, locked facility at the physical address
7 provided to the Department of Agriculture during the licensing
8 process. The infuser location shall only be accessed by the
9 agents working for the infuser, the Department of Agriculture
10 staff performing inspections, the Department of Public Health
11 staff performing inspections, State and local law enforcement
12 or other emergency personnel, contractors working on jobs
13 unrelated to cannabis, such as installing or maintaining
14 security devices or performing electrical wiring, transporting
15 organization agents as provided in this Act, participants in
16 the incubator program, individuals in a mentoring or
17 educational program approved by the State, local safety or
18 health inspectors, or other individuals as provided by rule.
19 However, if an infuser shares a premises with a craft grower or
20 dispensing organization, agents from these other licensees may
21 access the infuser portion of the premises if that is the
22 location of common bathrooms, lunchrooms, locker rooms, or
23 other areas of the building where processing of cannabis is
24 not performed. At no time may a craft grower or dispensing
25 organization agent perform work at an infuser without being a
26 registered agent of the infuser.
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1 (d) An infuser may not sell or distribute any cannabis to
2 any person other than a dispensing organization, or as
3 otherwise authorized by rule.
4 (e) An infuser may not either directly or indirectly
5 discriminate in price between different cannabis business
6 establishments that are purchasing a like grade, strain,
7 brand, and quality of cannabis or cannabis-infused product.
8 Nothing in this subsection (e) prevents an infuser from
9 pricing cannabis differently based on differences in the cost
10 of manufacturing or processing, the quantities sold, such
11 volume discounts, or the way the products are delivered.
12 (f) All cannabis infused by an infuser and intended for
13 distribution to a dispensing organization must be entered into
14 a data collection system, packaged and labeled under Section
15 55-21, and, if distribution is to a dispensing organization
16 that does not share a premises with the infuser, placed into a
17 cannabis container for transport. All cannabis produced by an
18 infuser and intended for distribution to a cultivation center,
19 infuser organization, or craft grower with which it does not
20 share a premises, must be packaged in a labeled cannabis
21 container and entered into a data collection system before
22 transport.
23 (g) Infusers are subject to random inspections by the
24 Department of Agriculture, the Department of Public Health,
25 the Illinois State Police, local law enforcement, or as
26 provided by rule.
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1 (h) An infuser agent shall notify local law enforcement,
2 the Illinois State Police, and the Department of Agriculture
3 within 24 hours of the discovery of any loss or theft.
4 Notification shall be made by phone, in person, or by written
5 or electronic communication.
6 (i) An infuser organization may not be located in an area
7 zoned for residential use.
8 (j) An infuser or infuser agent shall not transport
9 cannabis or cannabis-infused products to any other cannabis
10 business establishment without a transport organization
11 license unless:
12 (i) If the infuser is located in a county with a
13 population of 3,000,000 or more, the cannabis business
14 establishment receiving the cannabis or cannabis-infused
15 product is within 2,000 feet of the property line of the
16 infuser;
17 (ii) If the infuser is located in a county with a
18 population of more than 700,000 but fewer than 3,000,000,
19 the cannabis business establishment receiving the cannabis
20 or cannabis-infused product is within 2 miles of the
21 infuser; or
22 (iii) If the infuser is located in a county with a
23 population of fewer than 700,000, the cannabis business
24 establishment receiving the cannabis or cannabis-infused
25 product is within 15 miles of the infuser.
26 (k) An infuser may enter into a contract with a
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1 transporting organization to transport cannabis to a
2 dispensing organization or a laboratory.
3 (l) An infuser organization may share premises with a
4 craft grower or a dispensing organization, or both, provided
5 each licensee stores currency and cannabis or cannabis-infused
6 products in a separate secured vault to which the other
7 licensee does not have access or all licensees sharing a vault
8 share more than 50% of the same ownership.
9 (m) It is unlawful for any person or entity having an
10 infuser organization license or any officer, associate,
11 member, representative or agent of such licensee to offer or
12 deliver money, or anything else of value, directly or
13 indirectly to any person having an Early Approval Adult Use
14 Dispensing Organization License, a Conditional Adult Use
15 Dispensing Organization License, an Adult Use Dispensing
16 Organization License, or a medical cannabis dispensing
17 organization license issued under the Compassionate Use of
18 Medical Cannabis Program Act, or to any person connected with
19 or in any way representing, or to any member of the family of,
20 such person holding an Early Approval Adult Use Dispensing
21 Organization License, a Conditional Adult Use Dispensing
22 Organization License, an Adult Use Dispensing Organization
23 License, or a medical cannabis dispensing organization license
24 issued under the Compassionate Use of Medical Cannabis Program
25 Act, or to any stockholders in any corporation engaged the
26 retail sales of cannabis, or to any officer, manager, agent,
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1 or representative of the Early Approval Adult Use Dispensing
2 Organization License, a Conditional Adult Use Dispensing
3 Organization License, an Adult Use Dispensing Organization
4 License, or a medical cannabis dispensing organization license
5 issued under the Compassionate Use of Medical Cannabis Program
6 Act to obtain preferential placement within the dispensing
7 organization, including, without limitation, on shelves and in
8 display cases where purchasers can view products, or on the
9 dispensing organization's website.
10 (n) At no time shall an infuser organization or an infuser
11 agent perform the extraction of cannabis concentrate from
12 cannabis flower.
13 (o) An infuser may purchase a hemp-derived intoxicating
14 product from a hemp consumer product manufacturer and offer a
15 hemp-derived intoxicating product for sale to another cannabis
16 business establishment. Once a hemp-derived intoxicating
17 product is delivered to an infuser, it is considered cannabis
18 and the infuser is responsible for ensuring the product meets
19 all requirements of this Act.
20 (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
21 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff.
22 5-13-22.)
23 (410 ILCS 705/55-5.5 new)
24 Sec. 55-5.5. Use of hemp in cannabis-infused products.
25 (a) For purposes of this Section, "industrial hemp" has
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1 the meaning given to it under the Industrial Hemp Act.
2 (b) Cannabis business establishments licensed by the
3 Department of Agriculture for cultivation, growing,
4 processing, manufacturing, or infusing of medical or adult use
5 cannabis products pursuant to this Act or the Compassionate
6 Use of Medical Cannabis Program Act may use industrial hemp as
7 an ingredient in cannabis-infused products offered for sale at
8 licensed dispensaries in Illinois. Hemp flower shall not be
9 sold to dispensaries.
10 (c) All hemp obtained under this Section must be used in
11 extracted form and in infused cannabis products only.
12 (d) Industrial hemp may be procured from third-party
13 licensed growers or manufacturers from within the State or any
14 other state with a regulated industrial hemp program.
15 (e) All hemp and hemp derivatives shall be obtained from a
16 licensed or registered hemp grower or manufacturer, regardless
17 of the home state of the grower or manufacturer. Cannabis
18 producers shall provide a copy of the hemp grower's or
19 manufacturer's State-issued license upon demand of the
20 Department of Agriculture or the Illinois State Police.
21 (f) Industrial hemp flower and biomass may be purchased
22 and extracted by licensed cannabis cultivation centers or
23 licensed craft growers.
24 (g) Licensed cannabis cultivation centers and licensed
25 craft growers may procure or process industrial hemp in the
26 form of distillate or isolate. Licensed infusers may procure
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1 industrial hemp in the form of distillate or isolate.
2 (h) Hemp and hemp derivatives may not be used to
3 concentrate or to synthesize intoxicating compounds and may
4 not exceed 0.3% THC.
5 (l) Final products containing hemp or hemp derivatives
6 sold by a cannabis business establishment shall be
7 cannabis-infused products and shall be subject to the
8 requirements of the Compassionate Use of Medical Cannabis Act
9 and the Cannabis Regulation and Tax Act and any applicable
10 administrative rules.
11 (410 ILCS 705/55-35)
12 Sec. 55-35. Administrative rulemaking.
13 (a) No later than 180 days after the effective date of this
14 Act, the Department of Agriculture, the Illinois State Police,
15 the Department of Financial and Professional Regulation, the
16 Department of Revenue, the Department of Commerce and Economic
17 Opportunity, and the Treasurer's Office shall adopt permanent
18 rules in accordance with their responsibilities under this
19 Act. The Department of Agriculture, the Illinois State Police,
20 the Department of Financial and Professional Regulation, the
21 Department of Revenue, and the Department of Commerce and
22 Economic Opportunity may adopt rules necessary to regulate
23 personal cannabis use through the use of emergency rulemaking
24 in accordance with subsection (gg) of Section 5-45 of the
25 Illinois Administrative Procedure Act. The General Assembly
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1 finds that the adoption of rules to regulate cannabis use is
2 deemed an emergency and necessary for the public interest,
3 safety, and welfare.
4 (b) The Department of Agriculture rules may address, but
5 are not limited to, the following matters related to
6 cultivation centers, craft growers, infuser organizations, and
7 transporting organizations with the goal of protecting against
8 diversion and theft, without imposing an undue burden on the
9 cultivation centers, craft growers, infuser organizations, or
10 transporting organizations:
11 (1) oversight requirements for cultivation centers,
12 craft growers, infuser organizations, and transporting
13 organizations;
14 (2) recordkeeping requirements for cultivation
15 centers, craft growers, infuser organizations, and
16 transporting organizations;
17 (3) security requirements for cultivation centers,
18 craft growers, infuser organizations, and transporting
19 organizations, which shall include that each cultivation
20 center, craft grower, infuser organization, and
21 transporting organization location must be protected by a
22 fully operational security alarm system;
23 (4) standards for enclosed, locked facilities under
24 this Act;
25 (5) procedures for suspending or revoking the
26 identification cards of agents of cultivation centers,
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1 craft growers, infuser organizations, and transporting
2 organizations that commit violations of this Act or the
3 rules adopted under this Section;
4 (6) rules concerning the intrastate transportation of
5 cannabis from a cultivation center, craft grower, infuser
6 organization, and transporting organization to a
7 dispensing organization;
8 (7) standards concerning the testing, quality,
9 cultivation, and processing of cannabis; and
10 (7.5) standards and rules for the investigation and
11 enforcement of unregulated and unlicensed sale of cannabis
12 and cannabis products; and
13 (8) any other matters under oversight by the
14 Department of Agriculture as are necessary for the fair,
15 impartial, stringent, and comprehensive administration of
16 this Act.
17 (b-5) Notwithstanding any standards and rules developed
18 under paragraph (7.5) of subsection (b) of this Section, the
19 Department of Agriculture shall update through official
20 guidance and publish publicly on its website the cannabinoids
21 that it deems tetrahydrocannabinol or THC on or before January
22 1 and July 1 of each calendar year.
23 (c) The Department of Financial and Professional
24 Regulation rules may address, but are not limited to, the
25 following matters related to dispensing organizations, with
26 the goal of protecting against diversion and theft, without
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1 imposing an undue burden on the dispensing organizations:
2 (1) oversight requirements for dispensing
3 organizations;
4 (2) recordkeeping requirements for dispensing
5 organizations;
6 (3) security requirements for dispensing
7 organizations, which shall include that each dispensing
8 organization location must be protected by a fully
9 operational security alarm system;
10 (4) procedures for suspending or revoking the licenses
11 of dispensing organization agents that commit violations
12 of this Act or the rules adopted under this Act;
13 (4.5) standards and rules for the investigation and
14 enforcement of unregulated and unlicensed sale of cannabis
15 and cannabis products; and
16 (5) any other matters under oversight by the
17 Department of Financial and Professional Regulation that
18 are necessary for the fair, impartial, stringent, and
19 comprehensive administration of this Act.
20 (d) The Department of Revenue rules may address, but are
21 not limited to, the following matters related to the payment
22 of taxes by cannabis business establishments:
23 (1) recording of sales;
24 (2) documentation of taxable income and expenses;
25 (3) transfer of funds for the payment of taxes; or
26 (4) any other matter under the oversight of the
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1 Department of Revenue.
2 (e) The Department of Commerce and Economic Opportunity
3 rules may address, but are not limited to, a loan program or
4 grant program to assist Social Equity Applicants access the
5 capital needed to start a cannabis business establishment. The
6 names of recipients and the amounts of any moneys received
7 through a loan program or grant program shall be a public
8 record.
9 (f) The Illinois State Police rules may address
10 enforcement of its authority under this Act. The Illinois
11 State Police shall not make rules that infringe on the
12 exclusive authority of the Department of Financial and
13 Professional Regulation or the Department of Agriculture over
14 licensees under this Act.
15 (g) The Department of Human Services shall develop and
16 disseminate:
17 (1) educational information about the health risks
18 associated with the use of cannabis; and
19 (2) one or more public education campaigns in
20 coordination with local health departments and community
21 organizations, including one or more prevention campaigns
22 directed at children, adolescents, parents, and pregnant
23 or breastfeeding women, to inform them of the potential
24 health risks associated with intentional or unintentional
25 cannabis use.
26 (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
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1 102-538, eff. 8-20-21.)
2 (410 ILCS 705/60-10)
3 Sec. 60-10. Tax imposed.
4 (a) Beginning September 1, 2019, a tax is imposed upon the
5 privilege of cultivating cannabis at the rate of 7% of the
6 gross receipts from the first sale of cannabis by a
7 cultivator. The sale of any product that contains any amount
8 of cannabis or any derivative thereof is subject to the tax
9 under this Section on the full selling price of the product.
10 The Department may determine the selling price of the cannabis
11 when the seller and purchaser are affiliated persons, when the
12 sale and purchase of cannabis is not an arm's length
13 transaction, or when cannabis is transferred by a craft grower
14 to the craft grower's dispensing organization or infuser or
15 processing organization and a value is not established for the
16 cannabis. The value determined by the Department shall be
17 commensurate with the actual price received for products of
18 like quality, character, and use in the area. If there are no
19 sales of cannabis of like quality, character, and use in the
20 same area, then the Department shall establish a reasonable
21 value based on sales of products of like quality, character,
22 and use in other areas of the State, taking into consideration
23 any other relevant factors.
24 (a-5) Beginning January 1, 2026, a tax is imposed upon the
25 privilege of processing hemp-derived intoxicating products at
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1 the rate of 7% of the gross receipts from the hemp
2 manufacturer's sale of a hemp-derived intoxicating product to
3 a craft grower or infuser. The sale of any hemp-derived
4 intoxicating product as defined in the Hemp Consumer Products
5 Act is subject to the tax under this Section on the full
6 selling price of the product. The Department may determine the
7 selling price of the hemp-derived intoxicating product when
8 the seller and purchaser are affiliated persons or when the
9 sale and purchase of a hemp-derived intoxicating product is
10 not an arm's length transaction. The value determined by the
11 Department shall be commensurate with the actual price
12 received for products of like quality, character, and use in
13 the area. If there are no sales of hemp-derived intoxicating
14 products of like quality, character, and use in the same area,
15 then the Department shall establish a reasonable value based
16 on sales of products of like quality, character, and use in
17 other areas of the State, taking into consideration any other
18 relevant factors.
19 (b) The Cannabis Cultivation Privilege Tax imposed under
20 this Article is solely the responsibility of the cultivator
21 who makes the first sale and is not the responsibility of a
22 subsequent purchaser, a dispensing organization, or an
23 infuser. Persons subject to the tax imposed under this Article
24 may, however, reimburse themselves for their tax liability
25 hereunder by separately stating reimbursement for their tax
26 liability as an additional charge.
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1 (c) The tax imposed under this Article shall be in
2 addition to all other occupation, privilege, or excise taxes
3 imposed by the State of Illinois or by any unit of local
4 government.
5 (Source: P.A. 101-27, eff. 6-25-19.)
6 (410 ILCS 705/60-15)
7 Sec. 60-15. Registration of cultivators. Every cultivator
8 and craft grower subject to the tax under this Article shall
9 apply to the Department of Revenue for a certificate of
10 registration under this Article. All applications for
11 registration under this Article shall be made by electronic
12 means in the form and manner required by the Department. For
13 that purpose, the provisions of Section 2a of the Retailers'
14 Occupation Tax Act are incorporated into this Article to the
15 extent not inconsistent with this Article. In addition, no
16 certificate of registration shall be issued under this Article
17 unless the applicant is licensed under this Act or is licensed
18 as a hemp consumer products manufacturer under the Hemp
19 Consumer Products Act.
20 (Source: P.A. 101-27, eff. 6-25-19.)
21 (410 ILCS 705/60-20)
22 Sec. 60-20. Return and payment of cannabis cultivation
23 privilege tax. Each person who is required to pay the tax
24 imposed by this Article shall make a return to the Department
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1 on or before the 20th day of each month for the preceding
2 calendar month stating the following:
3 (1) the taxpayer's name;
4 (2) the address of the taxpayer's principal place of
5 business and the address of the principal place of
6 business (if that is a different address) from which the
7 taxpayer is engaged in the business of cultivating
8 cannabis subject to tax under this Article;
9 (3) the total amount of receipts received by the
10 taxpayer during the preceding calendar month from sales of
11 cannabis or hemp-derived intoxicating products subject to
12 tax under this Article by the taxpayer during the
13 preceding calendar month;
14 (4) the total amount received by the taxpayer during
15 the preceding calendar month on charge and time sales of
16 cannabis subject to tax imposed under this Article by the
17 taxpayer before the month for which the return is filed;
18 (5) deductions allowed by law;
19 (6) gross receipts that were received by the taxpayer
20 during the preceding calendar month and upon the basis of
21 which the tax is imposed;
22 (7) the amount of tax due;
23 (8) the signature of the taxpayer; and
24 (9) any other information as the Department may
25 reasonably require.
26 All returns required to be filed and payments required to
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1 be made under this Article shall be by electronic means.
2 Taxpayers who demonstrate hardship in paying electronically
3 may petition the Department to waive the electronic payment
4 requirement. The Department may require a separate return for
5 the tax under this Article or combine the return for the tax
6 under this Article with the return for the tax under the
7 Compassionate Use of Medical Cannabis Program Act. If the
8 return for the tax under this Article is combined with the
9 return for tax under the Compassionate Use of Medical Cannabis
10 Program Act, then the vendor's discount allowed under this
11 Section and any cap on that discount shall apply to the
12 combined return. The taxpayer making the return provided for
13 in this Section shall also pay to the Department, in
14 accordance with this Section, the amount of tax imposed by
15 this Article, less a discount of 1.75%, but not to exceed
16 $1,000 per return period, which is allowed to reimburse the
17 taxpayer for the expenses incurred in keeping records,
18 collecting tax, preparing and filing returns, remitting the
19 tax, and supplying data to the Department upon request. No
20 discount may be claimed by a taxpayer on returns not timely
21 filed and for taxes not timely remitted. No discount may be
22 claimed by a taxpayer for any return that is not filed
23 electronically. No discount may be claimed by a taxpayer for
24 any payment that is not made electronically, unless a waiver
25 has been granted under this Section. Any amount that is
26 required to be shown or reported on any return or other
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1 document under this Article shall, if the amount is not a
2 whole-dollar amount, be increased to the nearest whole-dollar
3 amount if the fractional part of a dollar is $0.50 or more and
4 decreased to the nearest whole-dollar amount if the fractional
5 part of a dollar is less than $0.50. If a total amount of less
6 than $1 is payable, refundable, or creditable, the amount
7 shall be disregarded if it is less than $0.50 and shall be
8 increased to $1 if it is $0.50 or more. Notwithstanding any
9 other provision of this Article concerning the time within
10 which a taxpayer may file a return, any such taxpayer who
11 ceases to engage in the kind of business that makes the person
12 responsible for filing returns under this Article shall file a
13 final return under this Article with the Department within one
14 month after discontinuing such business.
15 Each taxpayer under this Article shall make estimated
16 payments to the Department on or before the 7th, 15th, 22nd,
17 and last day of the month during which tax liability to the
18 Department is incurred. The payments shall be in an amount not
19 less than the lower of either 22.5% of the taxpayer's actual
20 tax liability for the month or 25% of the taxpayer's actual tax
21 liability for the same calendar month of the preceding year.
22 The amount of the quarter-monthly payments shall be credited
23 against the final tax liability of the taxpayer's return for
24 that month. If any quarter-monthly payment is not paid at the
25 time or in the amount required by this Section, then the
26 taxpayer shall be liable for penalties and interest on the
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1 difference between the minimum amount due as a payment and the
2 amount of the quarter-monthly payment actually and timely
3 paid, except insofar as the taxpayer has previously made
4 payments for that month to the Department in excess of the
5 minimum payments previously due as provided in this Section.
6 If any payment provided for in this Section exceeds the
7 taxpayer's liabilities under this Article, as shown on an
8 original monthly return, the Department shall, if requested by
9 the taxpayer, issue to the taxpayer a credit memorandum no
10 later than 30 days after the date of payment. The credit
11 evidenced by the credit memorandum may be assigned by the
12 taxpayer to a similar taxpayer under this Act, in accordance
13 with reasonable rules to be prescribed by the Department. If
14 no such request is made, the taxpayer may credit the excess
15 payment against tax liability subsequently to be remitted to
16 the Department under this Act, in accordance with reasonable
17 rules prescribed by the Department. If the Department
18 subsequently determines that all or any part of the credit
19 taken was not actually due to the taxpayer, the taxpayer's
20 discount shall be reduced, if necessary, to reflect the
21 difference between the credit taken and that actually due, and
22 that taxpayer shall be liable for penalties and interest on
23 the difference.
24 If a taxpayer fails to sign a return within 30 days after
25 the proper notice and demand for signature by the Department
26 is received by the taxpayer, the return shall be considered
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1 valid and any amount shown to be due on the return shall be
2 deemed assessed.
3 (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
4 Section 820. The Industrial Hemp Act is amended by
5 changing Sections 5, 10, and 20 and by adding Section 30 as
6 follows:
7 (505 ILCS 89/5)
8 Sec. 5. Definitions. In this Act:
9 "Department" means the Department of Agriculture.
10 "Director" means the Director of Agriculture.
11 "Hemp" or "industrial hemp" means the plant species
12 Cannabis sativa L. and any part of that plant, including the
13 seeds thereof and all derivatives, extracts, cannabinoids,
14 isomers, acids, salts, and salts of isomers, whether growing
15 or not, with a total delta-9 tetrahydrocannabinol
16 concentration of not more than 0.3 percent on a dry weight
17 basis. "Hemp" or "industrial hemp" means the plant Cannabis
18 sativa L. and any part of that plant, whether growing or not,
19 with a delta-9 tetrahydrocannabinol concentration of not more
20 than 0.3 percent on a dry weight basis and includes any
21 intermediate or finished product made or derived from
22 industrial hemp.
23 "Hemp production plan" means a plan submitted by the
24 Department to the Secretary of the United States Department of
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1 Agriculture pursuant to the federal Agriculture Improvement
2 Act of 2018, Public Law 115-334, and consistent with the
3 Domestic Hemp Production Program pursuant to 7 CFR Part 990
4 wherein the Department establishes its desire to have primary
5 regulatory authority over the production of hemp.
6 "Industrial hemp processor" means any entity that
7 processes or handles industrial hemp into a final product not
8 intended for human or animal consumption that is registered
9 with the Department. "Industrial hemp processor" includes,
10 until the availability of a hemp consumer product manufacturer
11 license under the Hemp Consumer Product Act, any entity that
12 processes or handles industrial hemp.
13 "Industrial hemp product" means any finished product made
14 or derived from industrial hemp that is not intended for human
15 or animal consumption by any means. "Industrial hemp product"
16 does not include any edible, topical, or beverage product or
17 any product that may be smoked or vaped.
18 "Land area" means a farm as defined in Section 1-60 of the
19 Property Tax Code in this State or land or facilities under the
20 control of an institution of higher education.
21 "Person" means any individual, partnership, firm,
22 corporation, company, society, association, the State or any
23 department, agency, or subdivision thereof, or any other
24 entity.
25 "Process" means the conversion of raw industrial hemp
26 plant material into a form that is presently legal to import
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1 from outside the United States under federal law.
2 "THC" means delta-9 tetrahydrocannabinol.
3 (Source: P.A. 102-690, eff. 12-17-21.)
4 (505 ILCS 89/10)
5 Sec. 10. Licenses and registration.
6 (a) No person shall cultivate industrial hemp in this
7 State without a license issued by the Department.
8 (b) The application for a license shall include:
9 (1) the name and address of the applicant;
10 (2) the legal description of the land area, including
11 Global Positioning System coordinates, to be used to
12 cultivate industrial hemp; and
13 (3) if federal law requires a research purpose for the
14 cultivation of industrial hemp, a description of one or
15 more research purposes planned for the cultivation of
16 industrial hemp which may include the study of the growth,
17 cultivation, or marketing of industrial hemp; however, the
18 research purpose requirement shall not be construed to
19 limit the commercial sale of industrial hemp.
20 (b-5) A person shall not process industrial hemp in this
21 State without registering with the Department as an industrial
22 hemp processor on a form prescribed by the Department.
23 (c) The Department may determine, by rule, the duration of
24 a license or registration; application, registration, and
25 license fees; and the requirements for license or registration
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1 renewal.
2 (Source: P.A. 102-690, eff. 12-17-21.)
3 (505 ILCS 89/20)
4 Sec. 20. Hemp products. Nothing in this Act shall alter
5 the legality of industrial hemp or hemp products not intended
6 for human or animal consumption by any means. The manufacture,
7 sale, and advertisement of all hemp or hemp products that are
8 intended for human or animal consumption by any means are
9 regulated under the Hemp Consumer Products Act hemp or hemp
10 products that are presently legal to possess or own.
11 (Source: P.A. 100-1091, eff. 8-26-18.)
12 (505 ILCS 89/30 new)
13 Sec. 30. Industrial Hemp processing.
14 (a) A person may not process industrial hemp in this State
15 without registering with the Department on a form prescribed
16 by the Department.
17 (b) The application shall include:
18 (1) the name and address of the applicant; and
19 (2) the address of the location at which hemp will be
20 processed.
21 (3) A certification that the hemp processor shall not
22 produce, process or manufacture any product derived from
23 hemp intended for human or animal consumption or produce,
24 process, or manufacture any product that will be provided,
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1 transferred or sold to a different entity that will create
2 products intended for human or animal consumption.
3 (4) A description of the processes that the industrial
4 hemp processor will be performing.
5 (c) The Department may determine, by rule, the duration of
6 a hemp processor registration, application, and registration
7 fees, and the requirements for registration renewal.
8 (d) An industrial hemp processor shall be prohibited from
9 extracting, concentrating, or synthesizing hemp
10 phytocannabinoids.
11 (e) Beginning January 1, 2026, all active hemp processing
12 registrations that process or manufacture products derived
13 from hemp intended for human or animal consumption shall be
14 regulated under the Hemp Consumer Products Act. Hemp
15 processing shall not be regulated under the Industrial Hemp
16 Act. By January 1, 2026, the Department of Agriculture shall
17 create a process to provide each active hemp processor
18 registrant that processes or produces products intended for
19 human or animal consumption by any means with a Hemp Consumer
20 Products Act hemp consumer product manufacturer license.
21 (f) The Department may revoke the registration of any
22 industrial hemp processor that processes or manufactures
23 products derived from hemp intended for human or animal
24 consumption and fails to register as a hemp consumer product
25 manufacturer under the Hemp Consumer Products Act by March 1,
26 2026. All industrial hemp processors that are not processing
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1 or manufacturing products derived from hemp intended for human
2 or animal consumption shall provide the Department with a
3 certification that they are not processing or manufacturing
4 products intended for human or animal consumption by March 1,
5 2026. The Department may revoke the registration of any
6 industrial hemp processor that fails to provide the Department
7 with a certification by March 1, 2026.
8 (g) The Department may inspect industrial hemp processors
9 to ensure compliance with this Act and administrative rules.
10 (h) On and after the effective date of this amendatory Act
11 of the 104th General Assembly, cannabis business
12 establishments licensed under the Cannabis Regulation and Tax
13 Act are not required to obtain a hemp processor registration
14 or hemp consumer product manufacturer license.
15 Section 825. The Cannabis Control Act is amended by
16 changing Sections 3, 4, 5, and 5.1 as follows:
17 (720 ILCS 550/3) (from Ch. 56 1/2, par. 703)
18 Sec. 3. As used in this Act, unless the context otherwise
19 requires:
20 (a) "Cannabis" includes marihuana, hashish and other
21 substances which are identified as including any parts of the
22 plant Cannabis Sativa, whether growing or not; the seeds
23 thereof, the resin extracted from any part of such plant; and
24 any compound, manufacture, salt, derivative, mixture, or
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1 preparation of such plant, its seeds, or resin, including
2 tetrahydrocannabinol (THC) and all other cannabinol
3 derivatives, including its naturally occurring or
4 synthetically produced ingredients, whether produced directly
5 or indirectly by extraction, or independently by means of
6 chemical synthesis or by a combination of extraction and
7 chemical synthesis, including, but not limited to, any
8 structural, optical, or geometric isomers of THC, or any
9 chemical compound that mimics THC; but shall not include the
10 mature stalks of such plant, fiber produced from such stalks,
11 oil or cake made from the seeds of such plant, any other
12 compound, manufacture, salt, derivative, mixture, or
13 preparation of such mature stalks (except the resin extracted
14 therefrom), fiber, oil or cake, or the sterilized seed of such
15 plant which is incapable of germination.
16 (b) "Casual delivery" means the delivery of not more than
17 10 grams of any substance containing cannabis without
18 consideration.
19 (c) "Department" means the Illinois Department of Human
20 Services (as successor to the Department of Alcoholism and
21 Substance Abuse) or its successor agency.
22 (d) "Deliver" or "delivery" means the actual, constructive
23 or attempted transfer of possession of cannabis, with or
24 without consideration, whether or not there is an agency
25 relationship.
26 (e) (Blank).
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1 (f) "Director" means the Director of the Illinois State
2 Police or his designated agent.
3 (g) "Local authorities" means a duly organized State,
4 county, or municipal peace unit or police force.
5 (h) "Manufacture" means the production, preparation,
6 propagation, compounding, conversion or processing of
7 cannabis, either directly or indirectly, by extraction from
8 substances of natural origin, or independently by means of
9 chemical synthesis, or by a combination of extraction and
10 chemical synthesis, and includes any packaging or repackaging
11 of cannabis or labeling of its container, except that this
12 term does not include the preparation, compounding, packaging,
13 or labeling of cannabis as an incident to lawful research,
14 teaching, or chemical analysis and not for sale.
15 (i) "Person" means any individual, corporation, government
16 or governmental subdivision or agency, business trust, estate,
17 trust, partnership or association, or any other entity.
18 (j) "Produce" or "production" means planting, cultivating,
19 tending or harvesting.
20 (k) "State" includes the State of Illinois and any state,
21 district, commonwealth, territory, insular possession thereof,
22 and any area subject to the legal authority of the United
23 States of America.
24 (l) "Subsequent offense" means an offense under this Act,
25 the offender of which, prior to his conviction of the offense,
26 has at any time been convicted under this Act or under any laws
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1 of the United States or of any state relating to cannabis, or
2 any controlled substance as defined in the Illinois Controlled
3 Substances Act.
4 (m) "Tetrahydrocannabinol" or "THC" means any naturally
5 occurring or synthetic tetrahydrocannabinol, including its
6 salts, isomers, and salts of isomers whenever the existence of
7 such salts, isomers, and salts of isomers is possible within
8 the specific chemical designation and any preparation,
9 mixture, or substance containing, or mixed or infused with,
10 any detectable amount of tetrahydrocannabinol or
11 tetrahydrocannabolic acid, including, but not limited to,
12 delta-8-tetrahydrocannabinol, delta-9-tetrahydrocannabinol,
13 delta-10-tetrahydrocannabinol, tetrahydrocannabolic acid,
14 tetrahydrocannabipherol, or hexahydrocannabinol, however
15 derived, or any other substance determined to have similar
16 intoxicating effects on the mind or body by the Department of
17 Agriculture. As used in this definition, "isomer" means the
18 optical, position, and geometric isomers.
19 (Source: P.A. 101-593, eff. 12-4-19; 102-538, eff. 8-20-21.)
20 (720 ILCS 550/4) (from Ch. 56 1/2, par. 704)
21 Sec. 4. Except as otherwise provided in the Cannabis
22 Regulation and Tax Act, Hemp Consumer Products Act, and the
23 Industrial Hemp Act, it is unlawful for any person knowingly
24 to possess cannabis.
25 Any person who violates this Section with respect to:
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1 (a) not more than 10 grams of any substance containing
2 cannabis is guilty of a civil law violation punishable by
3 a minimum fine of $100 and a maximum fine of $200. The
4 proceeds of the fine shall be payable to the clerk of the
5 circuit court. Within 30 days after the deposit of the
6 fine, the clerk shall distribute the proceeds of the fine
7 as follows:
8 (1) $10 of the fine to the circuit clerk and $10 of
9 the fine to the law enforcement agency that issued the
10 citation; the proceeds of each $10 fine distributed to
11 the circuit clerk and each $10 fine distributed to the
12 law enforcement agency that issued the citation for
13 the violation shall be used to defer the cost of
14 automatic expungements under paragraph (2.5) of
15 subsection (a) of Section 5.2 of the Criminal
16 Identification Act;
17 (2) $15 to the county to fund drug addiction
18 services;
19 (3) $10 to the Office of the State's Attorneys
20 Appellate Prosecutor for use in training programs;
21 (4) $10 to the State's Attorney; and
22 (5) any remainder of the fine to the law
23 enforcement agency that issued the citation for the
24 violation.
25 With respect to funds designated for the Illinois
26 State Police, the moneys shall be remitted by the circuit
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1 court clerk to the Illinois State Police within one month
2 after receipt for deposit into the State Police Operations
3 Assistance Fund. With respect to funds designated for the
4 Department of Natural Resources, the Department of Natural
5 Resources shall deposit the moneys into the Conservation
6 Police Operations Assistance Fund;
7 (b) more than 10 grams but not more than 30 grams of
8 any substance containing cannabis is guilty of a Class B
9 misdemeanor;
10 (c) more than 30 grams but not more than 100 grams of
11 any substance containing cannabis is guilty of a Class A
12 misdemeanor; provided, that if any offense under this
13 subsection (c) is a subsequent offense, the offender shall
14 be guilty of a Class 4 felony;
15 (d) more than 100 grams but not more than 500 grams of
16 any substance containing cannabis is guilty of a Class 4
17 felony; provided that if any offense under this subsection
18 (d) is a subsequent offense, the offender shall be guilty
19 of a Class 3 felony;
20 (e) more than 500 grams but not more than 2,000 grams
21 of any substance containing cannabis is guilty of a Class
22 3 felony;
23 (f) more than 2,000 grams but not more than 5,000
24 grams of any substance containing cannabis is guilty of a
25 Class 2 felony;
26 (g) more than 5,000 grams of any substance containing
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1 cannabis is guilty of a Class 1 felony.
2 Fines and assessments, such as fees or administrative
3 costs, authorized under this Section shall not be ordered or
4 imposed against a minor subject to Article III, IV, or V of the
5 Juvenile Court Act of 1987, or a minor under the age of 18
6 transferred to adult court or excluded from juvenile court
7 jurisdiction under Article V of the Juvenile Court Act of
8 1987, or the minor's parent, guardian, or legal custodian.
9 (Source: P.A. 102-538, eff. 8-20-21; 103-379, eff. 7-28-23.)
10 (720 ILCS 550/5) (from Ch. 56 1/2, par. 705)
11 Sec. 5. Except as otherwise provided in the Cannabis
12 Regulation and Tax Act, Hemp Consumer Products Act, and the
13 Industrial Hemp Act, it is unlawful for any person knowingly
14 to manufacture, deliver, or possess with intent to deliver, or
15 manufacture, cannabis. Any person who violates this Section
16 with respect to:
17 (a) not more than 2.5 grams of any substance
18 containing cannabis is guilty of a Class B misdemeanor;
19 (b) more than 2.5 grams but not more than 10 grams of
20 any substance containing cannabis is guilty of a Class A
21 misdemeanor;
22 (c) more than 10 grams but not more than 30 grams of
23 any substance containing cannabis is guilty of a Class 4
24 felony;
25 (d) more than 30 grams but not more than 500 grams of
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1 any substance containing cannabis is guilty of a Class 3
2 felony for which a fine not to exceed $50,000 may be
3 imposed;
4 (e) more than 500 grams but not more than 2,000 grams
5 of any substance containing cannabis is guilty of a Class
6 2 felony for which a fine not to exceed $100,000 may be
7 imposed;
8 (f) more than 2,000 grams but not more than 5,000
9 grams of any substance containing cannabis is guilty of a
10 Class 1 felony for which a fine not to exceed $150,000 may
11 be imposed;
12 (g) more than 5,000 grams of any substance containing
13 cannabis is guilty of a Class X felony for which a fine not
14 to exceed $200,000 may be imposed.
15 (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
16 (720 ILCS 550/5.1) (from Ch. 56 1/2, par. 705.1)
17 Sec. 5.1. Cannabis trafficking.
18 (a) Except for purposes authorized by this Act, the
19 Industrial Hemp Act, the Hemp Consumer Products Act, or the
20 Cannabis Regulation and Tax Act, any person who knowingly
21 brings or causes to be brought into this State for the purpose
22 of manufacture or delivery or with the intent to manufacture
23 or deliver 2,500 grams or more of cannabis in this State or any
24 other state or country is guilty of cannabis trafficking.
25 (b) A person convicted of cannabis trafficking shall be
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1 sentenced to a term of imprisonment not less than twice the
2 minimum term and fined an amount as authorized by subsection
3 (f) or (g) of Section 5 of this Act, based upon the amount of
4 cannabis brought or caused to be brought into this State, and
5 not more than twice the maximum term of imprisonment and fined
6 twice the amount as authorized by subsection (f) or (g) of
7 Section 5 of this Act, based upon the amount of cannabis
8 brought or caused to be brought into this State.
9 (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
10 Section 830. The Consumer Fraud and Deceptive Business
11 Practices Act is amended by changing Section 2Z as follows:
12 (815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)
13 Sec. 2Z. Violations of other Acts. Any person who
14 knowingly violates the Automotive Repair Act, the Automotive
15 Collision Repair Act, the Home Repair and Remodeling Act, the
16 Dance Studio Act, the Physical Fitness Services Act, the
17 Hearing Instrument Consumer Protection Act, the Illinois Union
18 Label Act, the Installment Sales Contract Act, the Job
19 Referral and Job Listing Services Consumer Protection Act, the
20 Travel Promotion Consumer Protection Act, the Credit Services
21 Organizations Act, the Automatic Telephone Dialers Act, the
22 Pay-Per-Call Services Consumer Protection Act, the Telephone
23 Solicitations Act, the Illinois Funeral or Burial Funds Act,
24 the Cemetery Oversight Act, the Cemetery Care Act, the Safe
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1 and Hygienic Bed Act, the Illinois Pre-Need Cemetery Sales
2 Act, the High Risk Home Loan Act, the Payday Loan Reform Act,
3 the Predatory Loan Prevention Act, the Mortgage Rescue Fraud
4 Act, subsection (a) or (b) of Section 3-10 of the Cigarette Tax
5 Act, subsection (a) or (b) of Section 3-10 of the Cigarette Use
6 Tax Act, the Electronic Mail Act, the Internet Caller
7 Identification Act, paragraph (6) of subsection (k) of Section
8 6-305 of the Illinois Vehicle Code, Section 11-1431, 18d-115,
9 18d-120, 18d-125, 18d-135, 18d-150, or 18d-153 of the Illinois
10 Vehicle Code, Article 3 of the Residential Real Property
11 Disclosure Act, the Automatic Contract Renewal Act, the
12 Reverse Mortgage Act, Section 25 of the Youth Mental Health
13 Protection Act, the Personal Information Protection Act, or
14 the Student Online Personal Protection Act, or subsection (a)
15 of Section 15-155 of the Cannabis Regulation and Tax Act
16 commits an unlawful practice within the meaning of this Act.
17 (Source: P.A. 100-315, eff. 8-24-17; 100-416, eff. 1-1-18;
18 100-863, eff. 8-14-18; 101-658, eff. 3-23-21.)
19 Section 999. Effective date. This Act takes effect upon
20 becoming law.
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1 INDEX
2 Statutes amended in order of appearance
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1 INDEX
2 Statutes amended in order of appearance
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