Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1520 Compare Versions

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

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1520 Introduced 2/4/2025, by Sen. Kimberly A. Lightford SYNOPSIS AS INTRODUCED: 410 ILCS 130/145410 ILCS 705/1-10410 ILCS 705/7-10410 ILCS 705/7-15410 ILCS 705/55-30 Amends the Compassionate Use of Medical Cannabis Program Act. Provides that the Department of Financial and Professional Regulation and the Department of Agriculture may share with the Department of Commerce and Economic Opportunity any licensee information necessary to support the administration of social equity programming. Amends the Cannabis Regulation and Tax Act. Adds a definition. In various provisions, adds Social Equity Lottery Licensees to provisions that include Social Equity Applicants. Provides that the Cannabis Business Development Fund shall be exclusively used for certain purposes, to include providing financial assistance to support lending to, or private investment in, Qualified Social Equity Applicants and Social Equity Lottery Licensees, or to facilitate access to the facilities needed to commence operations as a cannabis business establishment. In provisions regarding loans and grants to Social Equity Applicants, adds financial assistance to provisions that include loans and grants. Provides that the Department of Commerce and Economic Opportunity has the power to enter into financial intermediary agreements to facilitate lending to or investment in Qualified Social Equity Applicants, Social Equity Lottery Licensees, or their subsidiaries or affiliates, to ensure the availability of facilities necessary to operate a cannabis business establishment. Provides that certain loans made shall contain terms and provisions with respect to forgiveness. Provides that those loans also may be distributed by lot if the Department of Commerce and Economic Opportunity determines that the amount of funding available is insufficient. Provides that, to the extent registration with the federal System for Award Management requires a grant applicant to certify compliance with all federal laws, the grant applicants shall not be required to register for a unique entity identifier through the federal System for Award Management. Makes other and conforming changes. LRB104 03588 BDA 13612 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1520 Introduced 2/4/2025, by Sen. Kimberly A. Lightford SYNOPSIS AS INTRODUCED: 410 ILCS 130/145410 ILCS 705/1-10410 ILCS 705/7-10410 ILCS 705/7-15410 ILCS 705/55-30 410 ILCS 130/145 410 ILCS 705/1-10 410 ILCS 705/7-10 410 ILCS 705/7-15 410 ILCS 705/55-30 Amends the Compassionate Use of Medical Cannabis Program Act. Provides that the Department of Financial and Professional Regulation and the Department of Agriculture may share with the Department of Commerce and Economic Opportunity any licensee information necessary to support the administration of social equity programming. Amends the Cannabis Regulation and Tax Act. Adds a definition. In various provisions, adds Social Equity Lottery Licensees to provisions that include Social Equity Applicants. Provides that the Cannabis Business Development Fund shall be exclusively used for certain purposes, to include providing financial assistance to support lending to, or private investment in, Qualified Social Equity Applicants and Social Equity Lottery Licensees, or to facilitate access to the facilities needed to commence operations as a cannabis business establishment. In provisions regarding loans and grants to Social Equity Applicants, adds financial assistance to provisions that include loans and grants. Provides that the Department of Commerce and Economic Opportunity has the power to enter into financial intermediary agreements to facilitate lending to or investment in Qualified Social Equity Applicants, Social Equity Lottery Licensees, or their subsidiaries or affiliates, to ensure the availability of facilities necessary to operate a cannabis business establishment. Provides that certain loans made shall contain terms and provisions with respect to forgiveness. Provides that those loans also may be distributed by lot if the Department of Commerce and Economic Opportunity determines that the amount of funding available is insufficient. Provides that, to the extent registration with the federal System for Award Management requires a grant applicant to certify compliance with all federal laws, the grant applicants shall not be required to register for a unique entity identifier through the federal System for Award Management. Makes other and conforming changes. LRB104 03588 BDA 13612 b LRB104 03588 BDA 13612 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1520 Introduced 2/4/2025, by Sen. Kimberly A. Lightford SYNOPSIS AS INTRODUCED:
3	3	410 ILCS 130/145410 ILCS 705/1-10410 ILCS 705/7-10410 ILCS 705/7-15410 ILCS 705/55-30 410 ILCS 130/145 410 ILCS 705/1-10 410 ILCS 705/7-10 410 ILCS 705/7-15 410 ILCS 705/55-30
4	4	410 ILCS 130/145
5	5	410 ILCS 705/1-10
6	6	410 ILCS 705/7-10
7	7	410 ILCS 705/7-15
8	8	410 ILCS 705/55-30
9	9	Amends the Compassionate Use of Medical Cannabis Program Act. Provides that the Department of Financial and Professional Regulation and the Department of Agriculture may share with the Department of Commerce and Economic Opportunity any licensee information necessary to support the administration of social equity programming. Amends the Cannabis Regulation and Tax Act. Adds a definition. In various provisions, adds Social Equity Lottery Licensees to provisions that include Social Equity Applicants. Provides that the Cannabis Business Development Fund shall be exclusively used for certain purposes, to include providing financial assistance to support lending to, or private investment in, Qualified Social Equity Applicants and Social Equity Lottery Licensees, or to facilitate access to the facilities needed to commence operations as a cannabis business establishment. In provisions regarding loans and grants to Social Equity Applicants, adds financial assistance to provisions that include loans and grants. Provides that the Department of Commerce and Economic Opportunity has the power to enter into financial intermediary agreements to facilitate lending to or investment in Qualified Social Equity Applicants, Social Equity Lottery Licensees, or their subsidiaries or affiliates, to ensure the availability of facilities necessary to operate a cannabis business establishment. Provides that certain loans made shall contain terms and provisions with respect to forgiveness. Provides that those loans also may be distributed by lot if the Department of Commerce and Economic Opportunity determines that the amount of funding available is insufficient. Provides that, to the extent registration with the federal System for Award Management requires a grant applicant to certify compliance with all federal laws, the grant applicants shall not be required to register for a unique entity identifier through the federal System for Award Management. Makes other and conforming changes.
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15	15	1 AN ACT concerning health.
16	16	2 Be it enacted by the People of the State of Illinois,
17	17	3 represented in the General Assembly:
18	18	4 Section 5. The Compassionate Use of Medical Cannabis
19	19	5 Program Act is amended by changing Section 145 as follows:
20	20	6 (410 ILCS 130/145)
21	21	7 Sec. 145. Confidentiality.
22	22	8 (a) The following information received and records kept by
23	23	9 the Department of Public Health, Department of Financial and
24	24	10 Professional Regulation, Department of Agriculture, or
25	25	11 Illinois State Police for purposes of administering this Act
26	26	12 are subject to all applicable federal privacy laws,
27	27	13 confidential, and exempt from the Freedom of Information Act,
28	28	14 and not subject to disclosure to any individual or public or
29	29	15 private entity, except as necessary for authorized employees
30	30	16 of those authorized agencies to perform official duties under
31	31	17 this Act and the following information received and records
32	32	18 kept by Department of Public Health, Department of
33	33	19 Agriculture, Department of Financial and Professional
34	34	20 Regulation, and Illinois State Police, excluding any existing
35	35	21 or non-existing Illinois or national criminal history record
36	36	22 information as defined in subsection (d), may be disclosed to
37	37	23 each other upon request:
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41	41	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1520 Introduced 2/4/2025, by Sen. Kimberly A. Lightford SYNOPSIS AS INTRODUCED:
42	42	410 ILCS 130/145410 ILCS 705/1-10410 ILCS 705/7-10410 ILCS 705/7-15410 ILCS 705/55-30 410 ILCS 130/145 410 ILCS 705/1-10 410 ILCS 705/7-10 410 ILCS 705/7-15 410 ILCS 705/55-30
43	43	410 ILCS 130/145
44	44	410 ILCS 705/1-10
45	45	410 ILCS 705/7-10
46	46	410 ILCS 705/7-15
47	47	410 ILCS 705/55-30
48	48	Amends the Compassionate Use of Medical Cannabis Program Act. Provides that the Department of Financial and Professional Regulation and the Department of Agriculture may share with the Department of Commerce and Economic Opportunity any licensee information necessary to support the administration of social equity programming. Amends the Cannabis Regulation and Tax Act. Adds a definition. In various provisions, adds Social Equity Lottery Licensees to provisions that include Social Equity Applicants. Provides that the Cannabis Business Development Fund shall be exclusively used for certain purposes, to include providing financial assistance to support lending to, or private investment in, Qualified Social Equity Applicants and Social Equity Lottery Licensees, or to facilitate access to the facilities needed to commence operations as a cannabis business establishment. In provisions regarding loans and grants to Social Equity Applicants, adds financial assistance to provisions that include loans and grants. Provides that the Department of Commerce and Economic Opportunity has the power to enter into financial intermediary agreements to facilitate lending to or investment in Qualified Social Equity Applicants, Social Equity Lottery Licensees, or their subsidiaries or affiliates, to ensure the availability of facilities necessary to operate a cannabis business establishment. Provides that certain loans made shall contain terms and provisions with respect to forgiveness. Provides that those loans also may be distributed by lot if the Department of Commerce and Economic Opportunity determines that the amount of funding available is insufficient. Provides that, to the extent registration with the federal System for Award Management requires a grant applicant to certify compliance with all federal laws, the grant applicants shall not be required to register for a unique entity identifier through the federal System for Award Management. Makes other and conforming changes.
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51	51	A BILL FOR
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57	57	410 ILCS 130/145
58	58	410 ILCS 705/1-10
59	59	410 ILCS 705/7-10
60	60	410 ILCS 705/7-15
61	61	410 ILCS 705/55-30
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80	80	1 (1) Applications and renewals, their contents, and
81	81	2 supporting information submitted by qualifying patients
82	82	3 and designated caregivers, including information regarding
83	83	4 their designated caregivers and certifying health care
84	84	5 professionals.
85	85	6 (2) Applications and renewals, their contents, and
86	86	7 supporting information submitted by or on behalf of
87	87	8 cultivation centers and dispensing organizations in
88	88	9 compliance with this Act, including their physical
89	89	10 addresses. This does not preclude the release of ownership
90	90	11 information of cannabis business establishment licenses.
91	91	12 (3) The individual names and other information
92	92	13 identifying persons to whom the Department of Public
93	93	14 Health has issued registry identification cards.
94	94	15 (4) Any dispensing information required to be kept
95	95	16 under Section 135, Section 150, or Department of Public
96	96	17 Health, Department of Agriculture, or Department of
97	97	18 Financial and Professional Regulation rules shall identify
98	98	19 cardholders and registered cultivation centers by their
99	99	20 registry identification numbers and medical cannabis
100	100	21 dispensing organizations by their registration number and
101	101	22 not contain names or other personally identifying
102	102	23 information.
103	103	24 (5) All medical records provided to the Department of
104	104	25 Public Health in connection with an application for a
105	105	26 registry card.
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116	116	1 (b) Nothing in this Section precludes the following:
117	117	2 (1) Department of Agriculture, Department of Financial
118	118	3 and Professional Regulation, or Public Health employees
119	119	4 may notify law enforcement about falsified or fraudulent
120	120	5 information submitted to the Departments if the employee
121	121	6 who suspects that falsified or fraudulent information has
122	122	7 been submitted conferred with his or her supervisor and
123	123	8 both agree that circumstances exist that warrant
124	124	9 reporting.
125	125	10 (2) If the employee conferred with his or her
126	126	11 supervisor and both agree that circumstances exist that
127	127	12 warrant reporting, Department of Public Health employees
128	128	13 may notify the Department of Financial and Professional
129	129	14 Regulation if there is reasonable cause to believe a
130	130	15 certifying health care professional:
131	131	16 (A) issued a written certification without a bona
132	132	17 fide health care professional-patient relationship
133	133	18 under this Act;
134	134	19 (B) issued a written certification to a person who
135	135	20 was not under the certifying health care
136	136	21 professional's care for the debilitating medical
137	137	22 condition; or
138	138	23 (C) failed to abide by the acceptable and
139	139	24 prevailing standard of care when evaluating a
140	140	25 patient's medical condition.
141	141	26 (3) The Department of Public Health, Department of
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152	152	1 Agriculture, and Department of Financial and Professional
153	153	2 Regulation may notify State or local law enforcement about
154	154	3 apparent criminal violations of this Act if the employee
155	155	4 who suspects the offense has conferred with his or her
156	156	5 supervisor and both agree that circumstances exist that
157	157	6 warrant reporting.
158	158	7 (4) Medical cannabis cultivation center agents and
159	159	8 medical cannabis dispensing organizations may notify the
160	160	9 Department of Public Health, Department of Financial and
161	161	10 Professional Regulation, or Department of Agriculture of a
162	162	11 suspected violation or attempted violation of this Act or
163	163	12 the rules issued under it.
164	164	13 (5) Each Department may verify registry identification
165	165	14 cards under Section 150.
166	166	15 (6) The submission of the report to the General
167	167	16 Assembly under Section 160.
168	168	17 (b-5) Each Department responsible for licensure under this
169	169	18 Act shall publish on the Department's website a list of the
170	170	19 ownership information of cannabis business establishment
171	171	20 licensees under the Department's jurisdiction. The list shall
172	172	21 include, but shall not be limited to, the name of the person or
173	173	22 entity holding each cannabis business establishment license
174	174	23 and the address at which the entity is operating under this
175	175	24 Act. This list shall be published and updated monthly.
176	176	25 (c) Except for any ownership information released pursuant
177	177	26 to subsection (b-5) or as otherwise authorized or required by
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188	188	1 law, it is a Class B misdemeanor with a $1,000 fine for any
189	189	2 person, including an employee or official of the Department of
190	190	3 Public Health, Department of Financial and Professional
191	191	4 Regulation, or Department of Agriculture or another State
192	192	5 agency or local government, to breach the confidentiality of
193	193	6 information obtained under this Act.
194	194	7 (d) The Department of Public Health, the Department of
195	195	8 Agriculture, the Illinois State Police, and the Department of
196	196	9 Financial and Professional Regulation shall not share or
197	197	10 disclose any existing or non-existing Illinois or national
198	198	11 criminal history record information. For the purposes of this
199	199	12 Section, "any existing or non-existing Illinois or national
200	200	13 criminal history record information" means any Illinois or
201	201	14 national criminal history record information, including but
202	202	15 not limited to the lack of or non-existence of these records.
203	203	16 (e) Notwithstanding any other provision of this Section,
204	204	17 the Department of Financial and Professional Regulation and
205	205	18 the Department of Agriculture may share with the Department of
206	206	19 Commerce and Economic Opportunity any licensee information
207	207	20 necessary to support the administration of social equity
208	208	21 programming.
209	209	22 (Source: P.A. 101-363, eff. 8-9-19; 102-98, eff. 7-15-21;
210	210	23 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
211	211	24 Section 10. The Cannabis Regulation and Tax Act is amended
212	212	25 by changing Sections 1-10, 7-10, 7-15, and 55-30 as follows:
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223	223	1 (410 ILCS 705/1-10)
224	224	2 Sec. 1-10. Definitions. In this Act:
225	225	3 "Adult Use Cultivation Center License" means a license
226	226	4 issued by the Department of Agriculture that permits a person
227	227	5 to act as a cultivation center under this Act and any
228	228	6 administrative rule made in furtherance of this Act.
229	229	7 "Adult Use Dispensing Organization License" means a
230	230	8 license issued by the Department of Financial and Professional
231	231	9 Regulation that permits a person to act as a dispensing
232	232	10 organization under this Act and any administrative rule made
233	233	11 in furtherance of this Act.
234	234	12 "Advertise" means to engage in promotional activities
235	235	13 including, but not limited to: newspaper, radio, Internet and
236	236	14 electronic media, and television advertising; the distribution
237	237	15 of fliers and circulars; billboard advertising; and the
238	238	16 display of window and interior signs. "Advertise" does not
239	239	17 mean exterior signage displaying only the name of the licensed
240	240	18 cannabis business establishment.
241	241	19 "Application points" means the number of points a
242	242	20 Dispensary Applicant receives on an application for a
243	243	21 Conditional Adult Use Dispensing Organization License.
244	244	22 "BLS Region" means a region in Illinois used by the United
245	245	23 States Bureau of Labor Statistics to gather and categorize
246	246	24 certain employment and wage data. The 17 such regions in
247	247	25 Illinois are: Bloomington, Cape Girardeau, Carbondale-Marion,
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258	258	1 Champaign-Urbana, Chicago-Naperville-Elgin, Danville,
259	259	2 Davenport-Moline-Rock Island, Decatur, Kankakee, Peoria,
260	260	3 Rockford, St. Louis, Springfield, Northwest Illinois
261	261	4 nonmetropolitan area, West Central Illinois nonmetropolitan
262	262	5 area, East Central Illinois nonmetropolitan area, and South
263	263	6 Illinois nonmetropolitan area.
264	264	7 "By lot" means a randomized method of choosing between 2
265	265	8 or more Eligible Tied Applicants or 2 or more Qualifying
266	266	9 Applicants.
267	267	10 "Cannabis" means marijuana, hashish, and other substances
268	268	11 that are identified as including any parts of the plant
269	269	12 Cannabis sativa and including derivatives or subspecies, such
270	270	13 as indica, of all strains of cannabis, whether growing or not;
271	271	14 the seeds thereof, the resin extracted from any part of the
272	272	15 plant; and any compound, manufacture, salt, derivative,
273	273	16 mixture, or preparation of the plant, its seeds, or resin,
274	274	17 including tetrahydrocannabinol (THC) and all other naturally
275	275	18 produced cannabinol derivatives, whether produced directly or
276	276	19 indirectly by extraction; however, "cannabis" does not include
277	277	20 the mature stalks of the plant, fiber produced from the
278	278	21 stalks, oil or cake made from the seeds of the plant, any other
279	279	22 compound, manufacture, salt, derivative, mixture, or
280	280	23 preparation of the mature stalks (except the resin extracted
281	281	24 from it), fiber, oil or cake, or the sterilized seed of the
282	282	25 plant that is incapable of germination. "Cannabis" does not
283	283	26 include industrial hemp as defined and authorized under the
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294	294	1 Industrial Hemp Act. "Cannabis" also means cannabis flower,
295	295	2 concentrate, and cannabis-infused products.
296	296	3 "Cannabis business establishment" means a cultivation
297	297	4 center, craft grower, processing organization, infuser
298	298	5 organization, dispensing organization, or transporting
299	299	6 organization.
300	300	7 "Cannabis concentrate" means a product derived from
301	301	8 cannabis that is produced by extracting cannabinoids,
302	302	9 including tetrahydrocannabinol (THC), from the plant through
303	303	10 the use of propylene glycol, glycerin, butter, olive oil, or
304	304	11 other typical cooking fats; water, ice, or dry ice; or butane,
305	305	12 propane, CO2, ethanol, or isopropanol and with the intended
306	306	13 use of smoking or making a cannabis-infused product. The use
307	307	14 of any other solvent is expressly prohibited unless and until
308	308	15 it is approved by the Department of Agriculture.
309	309	16 "Cannabis container" means a sealed or resealable,
310	310	17 traceable, container, or package used for the purpose of
311	311	18 containment of cannabis or cannabis-infused product during
312	312	19 transportation.
313	313	20 "Cannabis flower" means marijuana, hashish, and other
314	314	21 substances that are identified as including any parts of the
315	315	22 plant Cannabis sativa and including derivatives or subspecies,
316	316	23 such as indica, of all strains of cannabis; including raw
317	317	24 kief, leaves, and buds, but not resin that has been extracted
318	318	25 from any part of such plant; nor any compound, manufacture,
319	319	26 salt, derivative, mixture, or preparation of such plant, its
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330	330	1 seeds, or resin.
331	331	2 "Cannabis-infused product" means a beverage, food, oil,
332	332	3 ointment, tincture, topical formulation, or another product
333	333	4 containing cannabis or cannabis concentrate that is not
334	334	5 intended to be smoked.
335	335	6 "Cannabis paraphernalia" means equipment, products, or
336	336	7 materials intended to be used for planting, propagating,
337	337	8 cultivating, growing, harvesting, manufacturing, producing,
338	338	9 processing, preparing, testing, analyzing, packaging,
339	339	10 repackaging, storing, containing, concealing, ingesting, or
340	340	11 otherwise introducing cannabis into the human body.
341	341	12 "Cannabis plant monitoring system" or "plant monitoring
342	342	13 system" means a system that includes, but is not limited to,
343	343	14 testing and data collection established and maintained by the
344	344	15 cultivation center, craft grower, or processing organization
345	345	16 and that is available to the Department of Revenue, the
346	346	17 Department of Agriculture, the Department of Financial and
347	347	18 Professional Regulation, and the Illinois State Police for the
348	348	19 purposes of documenting each cannabis plant and monitoring
349	349	20 plant development throughout the life cycle of a cannabis
350	350	21 plant cultivated for the intended use by a customer from seed
351	351	22 planting to final packaging.
352	352	23 "Cannabis testing facility" means an entity registered by
353	353	24 the Department of Agriculture to test cannabis for potency and
354	354	25 contaminants.
355	355	26 "Clone" means a plant section from a female cannabis plant
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366	366	1 not yet rootbound, growing in a water solution or other
367	367	2 propagation matrix, that is capable of developing into a new
368	368	3 plant.
369	369	4 "Community College Cannabis Vocational Training Pilot
370	370	5 Program faculty participant" means a person who is 21 years of
371	371	6 age or older, licensed by the Department of Agriculture, and
372	372	7 is employed or contracted by an Illinois community college to
373	373	8 provide student instruction using cannabis plants at an
374	374	9 Illinois Community College.
375	375	10 "Community College Cannabis Vocational Training Pilot
376	376	11 Program faculty participant Agent Identification Card" means a
377	377	12 document issued by the Department of Agriculture that
378	378	13 identifies a person as a Community College Cannabis Vocational
379	379	14 Training Pilot Program faculty participant.
380	380	15 "Conditional Adult Use Dispensing Organization License"
381	381	16 means a contingent license awarded to applicants for an Adult
382	382	17 Use Dispensing Organization License that reserves the right to
383	383	18 an Adult Use Dispensing Organization License if the applicant
384	384	19 meets certain conditions described in this Act, but does not
385	385	20 entitle the recipient to begin purchasing or selling cannabis
386	386	21 or cannabis-infused products.
387	387	22 "Conditional Adult Use Cultivation Center License" means a
388	388	23 license awarded to top-scoring applicants for an Adult Use
389	389	24 Cultivation Center License that reserves the right to an Adult
390	390	25 Use Cultivation Center License if the applicant meets certain
391	391	26 conditions as determined by the Department of Agriculture by
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402	402	1 rule, but does not entitle the recipient to begin growing,
403	403	2 processing, or selling cannabis or cannabis-infused products.
404	404	3 "Craft grower" means a facility operated by an
405	405	4 organization or business that is licensed by the Department of
406	406	5 Agriculture to cultivate, dry, cure, and package cannabis and
407	407	6 perform other necessary activities to make cannabis available
408	408	7 for sale at a dispensing organization or use at a processing
409	409	8 organization. A craft grower may contain up to 5,000 square
410	410	9 feet of canopy space on its premises for plants in the
411	411	10 flowering state. The Department of Agriculture may authorize
412	412	11 an increase or decrease of flowering stage cultivation space
413	413	12 in increments of 3,000 square feet by rule based on market
414	414	13 need, craft grower capacity, and the licensee's history of
415	415	14 compliance or noncompliance, with a maximum space of 14,000
416	416	15 square feet for cultivating plants in the flowering stage,
417	417	16 which must be cultivated in all stages of growth in an enclosed
418	418	17 and secure area. A craft grower may share premises with a
419	419	18 processing organization or a dispensing organization, or both,
420	420	19 provided each licensee stores currency and cannabis or
421	421	20 cannabis-infused products in a separate secured vault to which
422	422	21 the other licensee does not have access or all licensees
423	423	22 sharing a vault share more than 50% of the same ownership.
424	424	23 "Craft grower agent" means a principal officer, board
425	425	24 member, employee, or other agent of a craft grower who is 21
426	426	25 years of age or older.
427	427	26 "Craft Grower Agent Identification Card" means a document
428	428
429	429
430	430
431	431
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438	438	1 issued by the Department of Agriculture that identifies a
439	439	2 person as a craft grower agent.
440	440	3 "Cultivation center" means a facility operated by an
441	441	4 organization or business that is licensed by the Department of
442	442	5 Agriculture to cultivate, process, transport (unless otherwise
443	443	6 limited by this Act), and perform other necessary activities
444	444	7 to provide cannabis and cannabis-infused products to cannabis
445	445	8 business establishments.
446	446	9 "Cultivation center agent" means a principal officer,
447	447	10 board member, employee, or other agent of a cultivation center
448	448	11 who is 21 years of age or older.
449	449	12 "Cultivation Center Agent Identification Card" means a
450	450	13 document issued by the Department of Agriculture that
451	451	14 identifies a person as a cultivation center agent.
452	452	15 "Currency" means currency and coin of the United States.
453	453	16 "Dispensary" means a facility operated by a dispensing
454	454	17 organization at which activities licensed by this Act may
455	455	18 occur.
456	456	19 "Dispensary Applicant" means the Proposed Dispensing
457	457	20 Organization Name as stated on an application for a
458	458	21 Conditional Adult Use Dispensing Organization License.
459	459	22 "Dispensing organization" means a facility operated by an
460	460	23 organization or business that is licensed by the Department of
461	461	24 Financial and Professional Regulation to acquire cannabis from
462	462	25 a cultivation center, craft grower, processing organization,
463	463	26 or another dispensary for the purpose of selling or dispensing
464	464
465	465
466	466
467	467
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474	474	1 cannabis, cannabis-infused products, cannabis seeds,
475	475	2 paraphernalia, or related supplies under this Act to
476	476	3 purchasers or to qualified registered medical cannabis
477	477	4 patients and caregivers. As used in this Act, "dispensing
478	478	5 organization" includes a registered medical cannabis
479	479	6 organization as defined in the Compassionate Use of Medical
480	480	7 Cannabis Program Act or its successor Act that has obtained an
481	481	8 Early Approval Adult Use Dispensing Organization License.
482	482	9 "Dispensing organization agent" means a principal officer,
483	483	10 employee, or agent of a dispensing organization who is 21
484	484	11 years of age or older.
485	485	12 "Dispensing organization agent identification card" means
486	486	13 a document issued by the Department of Financial and
487	487	14 Professional Regulation that identifies a person as a
488	488	15 dispensing organization agent.
489	489	16 "Disproportionately Impacted Area" means a census tract or
490	490	17 comparable geographic area that satisfies the following
491	491	18 criteria as determined by the Department of Commerce and
492	492	19 Economic Opportunity, that:
493	493	20 (1) meets at least one of the following criteria:
494	494	21 (A) the area has a poverty rate of at least 20%
495	495	22 according to the latest federal decennial census; or
496	496	23 (B) 75% or more of the children in the area
497	497	24 participate in the federal free lunch program
498	498	25 according to reported statistics from the State Board
499	499	26 of Education; or
500	500
501	501
502	502
503	503
504	504
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506	506
507	507
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510	510	1 (C) at least 20% of the households in the area
511	511	2 receive assistance under the Supplemental Nutrition
512	512	3 Assistance Program; or
513	513	4 (D) the area has an average unemployment rate, as
514	514	5 determined by the Illinois Department of Employment
515	515	6 Security, that is more than 120% of the national
516	516	7 unemployment average, as determined by the United
517	517	8 States Department of Labor, for a period of at least 2
518	518	9 consecutive calendar years preceding the date of the
519	519	10 application; and
520	520	11 (2) has high rates of arrest, conviction, and
521	521	12 incarceration related to the sale, possession, use,
522	522	13 cultivation, manufacture, or transport of cannabis.
523	523	14 "Early Approval Adult Use Cultivation Center License"
524	524	15 means a license that permits a medical cannabis cultivation
525	525	16 center licensed under the Compassionate Use of Medical
526	526	17 Cannabis Program Act as of the effective date of this Act to
527	527	18 begin cultivating, infusing, packaging, transporting (unless
528	528	19 otherwise provided in this Act), processing, and selling
529	529	20 cannabis or cannabis-infused product to cannabis business
530	530	21 establishments for resale to purchasers as permitted by this
531	531	22 Act as of January 1, 2020.
532	532	23 "Early Approval Adult Use Dispensing Organization License"
533	533	24 means a license that permits a medical cannabis dispensing
534	534	25 organization licensed under the Compassionate Use of Medical
535	535	26 Cannabis Program Act as of the effective date of this Act to
536	536
537	537
538	538
539	539
540	540
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542	542
543	543
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546	546	1 begin selling cannabis or cannabis-infused product to
547	547	2 purchasers as permitted by this Act as of January 1, 2020.
548	548	3 "Early Approval Adult Use Dispensing Organization at a
549	549	4 secondary site" means a license that permits a medical
550	550	5 cannabis dispensing organization licensed under the
551	551	6 Compassionate Use of Medical Cannabis Program Act as of the
552	552	7 effective date of this Act to begin selling cannabis or
553	553	8 cannabis-infused product to purchasers as permitted by this
554	554	9 Act on January 1, 2020 at a different dispensary location from
555	555	10 its existing registered medical dispensary location.
556	556	11 "Eligible Tied Applicant" means a Tied Applicant that is
557	557	12 eligible to participate in the process by which a remaining
558	558	13 available license is distributed by lot pursuant to a Tied
559	559	14 Applicant Lottery.
560	560	15 "Enclosed, locked facility" means a room, greenhouse,
561	561	16 building, or other enclosed area equipped with locks or other
562	562	17 security devices that permit access only by cannabis business
563	563	18 establishment agents working for the licensed cannabis
564	564	19 business establishment or acting pursuant to this Act to
565	565	20 cultivate, process, store, or distribute cannabis.
566	566	21 "Enclosed, locked space" means a closet, room, greenhouse,
567	567	22 building, or other enclosed area equipped with locks or other
568	568	23 security devices that permit access only by authorized
569	569	24 individuals under this Act. "Enclosed, locked space" may
570	570	25 include:
571	571	26 (1) a space within a residential building that (i) is
572	572
573	573
574	574
575	575
576	576
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579	579
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582	582	1 the primary residence of the individual cultivating 5 or
583	583	2 fewer cannabis plants that are more than 5 inches tall and
584	584	3 (ii) includes sleeping quarters and indoor plumbing. The
585	585	4 space must only be accessible by a key or code that is
586	586	5 different from any key or code that can be used to access
587	587	6 the residential building from the exterior; or
588	588	7 (2) a structure, such as a shed or greenhouse, that
589	589	8 lies on the same plot of land as a residential building
590	590	9 that (i) includes sleeping quarters and indoor plumbing
591	591	10 and (ii) is used as a primary residence by the person
592	592	11 cultivating 5 or fewer cannabis plants that are more than
593	593	12 5 inches tall, such as a shed or greenhouse. The structure
594	594	13 must remain locked when it is unoccupied by people.
595	595	14 "Financial institution" has the same meaning as "financial
596	596	15 organization" as defined in Section 1501 of the Illinois
597	597	16 Income Tax Act, and also includes the holding companies,
598	598	17 subsidiaries, and affiliates of such financial organizations.
599	599	18 "Flowering stage" means the stage of cultivation where and
600	600	19 when a cannabis plant is cultivated to produce plant material
601	601	20 for cannabis products. This includes mature plants as follows:
602	602	21 (1) if greater than 2 stigmas are visible at each
603	603	22 internode of the plant; or
604	604	23 (2) if the cannabis plant is in an area that has been
605	605	24 intentionally deprived of light for a period of time
606	606	25 intended to produce flower buds and induce maturation,
607	607	26 from the moment the light deprivation began through the
608	608
609	609
610	610
611	611
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618	618	1 remainder of the marijuana plant growth cycle.
619	619	2 "Individual" means a natural person.
620	620	3 "Infuser organization" or "infuser" means a facility
621	621	4 operated by an organization or business that is licensed by
622	622	5 the Department of Agriculture to directly incorporate cannabis
623	623	6 or cannabis concentrate into a product formulation to produce
624	624	7 a cannabis-infused product.
625	625	8 "Kief" means the resinous crystal-like trichomes that are
626	626	9 found on cannabis and that are accumulated, resulting in a
627	627	10 higher concentration of cannabinoids, untreated by heat or
628	628	11 pressure, or extracted using a solvent.
629	629	12 "Labor peace agreement" means an agreement between a
630	630	13 cannabis business establishment and any labor organization
631	631	14 recognized under the National Labor Relations Act, referred to
632	632	15 in this Act as a bona fide labor organization, that prohibits
633	633	16 labor organizations and members from engaging in picketing,
634	634	17 work stoppages, boycotts, and any other economic interference
635	635	18 with the cannabis business establishment. This agreement means
636	636	19 that the cannabis business establishment has agreed not to
637	637	20 disrupt efforts by the bona fide labor organization to
638	638	21 communicate with, and attempt to organize and represent, the
639	639	22 cannabis business establishment's employees. The agreement
640	640	23 shall provide a bona fide labor organization access at
641	641	24 reasonable times to areas in which the cannabis business
642	642	25 establishment's employees work, for the purpose of meeting
643	643	26 with employees to discuss their right to representation,
644	644
645	645
646	646
647	647
648	648
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650	650
651	651
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654	654	1 employment rights under State law, and terms and conditions of
655	655	2 employment. This type of agreement shall not mandate a
656	656	3 particular method of election or certification of the bona
657	657	4 fide labor organization.
658	658	5 "Limited access area" means a room or other area under the
659	659	6 control of a cannabis dispensing organization licensed under
660	660	7 this Act and upon the licensed premises where cannabis sales
661	661	8 occur with access limited to purchasers, dispensing
662	662	9 organization owners and other dispensing organization agents,
663	663	10 or service professionals conducting business with the
664	664	11 dispensing organization, or, if sales to registered qualifying
665	665	12 patients, caregivers, provisional patients, and Opioid
666	666	13 Alternative Pilot Program participants licensed pursuant to
667	667	14 the Compassionate Use of Medical Cannabis Program Act are also
668	668	15 permitted at the dispensary, registered qualifying patients,
669	669	16 caregivers, provisional patients, and Opioid Alternative Pilot
670	670	17 Program participants.
671	671	18 "Member of an impacted family" means an individual who has
672	672	19 a parent, legal guardian, child, spouse, or dependent, or was
673	673	20 a dependent of an individual who, prior to the effective date
674	674	21 of this Act, was arrested for, convicted of, or adjudicated
675	675	22 delinquent for any offense that is eligible for expungement
676	676	23 under this Act.
677	677	24 "Mother plant" means a cannabis plant that is cultivated
678	678	25 or maintained for the purpose of generating clones, and that
679	679	26 will not be used to produce plant material for sale to an
680	680
681	681
682	682
683	683
684	684
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686	686
687	687
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689	689	SB1520 - 19 - LRB104 03588 BDA 13612 b
690	690	1 infuser or dispensing organization.
691	691	2 "Ordinary public view" means within the sight line with
692	692	3 normal visual range of a person, unassisted by visual aids,
693	693	4 from a public street or sidewalk adjacent to real property, or
694	694	5 from within an adjacent property.
695	695	6 "Ownership and control" means ownership of at least 51% of
696	696	7 the business, including corporate stock if a corporation, and
697	697	8 control over the management and day-to-day operations of the
698	698	9 business and an interest in the capital, assets, and profits
699	699	10 and losses of the business proportionate to percentage of
700	700	11 ownership.
701	701	12 "Person" means a natural individual, firm, partnership,
702	702	13 association, joint stock company, joint venture, public or
703	703	14 private corporation, limited liability company, or a receiver,
704	704	15 executor, trustee, guardian, or other representative appointed
705	705	16 by order of any court.
706	706	17 "Possession limit" means the amount of cannabis under
707	707	18 Section 10-10 that may be possessed at any one time by a person
708	708	19 21 years of age or older or who is a registered qualifying
709	709	20 medical cannabis patient or caregiver under the Compassionate
710	710	21 Use of Medical Cannabis Program Act.
711	711	22 "Principal officer" includes a cannabis business
712	712	23 establishment applicant or licensed cannabis business
713	713	24 establishment's board member, owner with more than 1% interest
714	714	25 of the total cannabis business establishment or more than 5%
715	715	26 interest of the total cannabis business establishment of a
716	716
717	717
718	718
719	719
720	720
721	721	SB1520 - 19 - LRB104 03588 BDA 13612 b
722	722
723	723
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726	726	1 publicly traded company, president, vice president, secretary,
727	727	2 treasurer, partner, officer, member, manager member, or person
728	728	3 with a profit sharing, financial interest, or revenue sharing
729	729	4 arrangement. The definition includes a person with authority
730	730	5 to control the cannabis business establishment, a person who
731	731	6 assumes responsibility for the debts of the cannabis business
732	732	7 establishment and who is further defined in this Act.
733	733	8 "Primary residence" means a dwelling where a person
734	734	9 usually stays or stays more often than other locations. It may
735	735	10 be determined by, without limitation, presence, tax filings;
736	736	11 address on an Illinois driver's license, an Illinois
737	737	12 Identification Card, or an Illinois Person with a Disability
738	738	13 Identification Card; or voter registration. No person may have
739	739	14 more than one primary residence.
740	740	15 "Processing organization" or "processor" means a facility
741	741	16 operated by an organization or business that is licensed by
742	742	17 the Department of Agriculture to either extract constituent
743	743	18 chemicals or compounds to produce cannabis concentrate or
744	744	19 incorporate cannabis or cannabis concentrate into a product
745	745	20 formulation to produce a cannabis product.
746	746	21 "Processing organization agent" means a principal officer,
747	747	22 board member, employee, or agent of a processing organization.
748	748	23 "Processing organization agent identification card" means
749	749	24 a document issued by the Department of Agriculture that
750	750	25 identifies a person as a processing organization agent.
751	751	26 "Purchaser" means a person 21 years of age or older who
752	752
753	753
754	754
755	755
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759	759
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762	762	1 acquires cannabis for a valuable consideration. "Purchaser"
763	763	2 does not include a cardholder under the Compassionate Use of
764	764	3 Medical Cannabis Program Act.
765	765	4 "Qualifying Applicant" means an applicant that submitted
766	766	5 an application pursuant to Section 15-30 that received at
767	767	6 least 85% of 250 application points available under Section
768	768	7 15-30 as the applicant's final score and meets the definition
769	769	8 of "Social Equity Applicant" as set forth under this Section.
770	770	9 "Qualifying Social Equity Justice Involved Applicant"
771	771	10 means an applicant that submitted an application pursuant to
772	772	11 Section 15-30 that received at least 85% of 250 application
773	773	12 points available under Section 15-30 as the applicant's final
774	774	13 score and meets the criteria of either paragraph (1) or (2) of
775	775	14 the definition of "Social Equity Applicant" as set forth under
776	776	15 this Section.
777	777	16 "Qualified Social Equity Applicant" means a Social Equity
778	778	17 Applicant who has been awarded a conditional license under
779	779	18 this Act to operate a cannabis business establishment.
780	780	19 "Resided" means an individual's primary residence was
781	781	20 located within the relevant geographic area as established by
782	782	21 2 of the following:
783	783	22 (1) a signed lease agreement that includes the
784	784	23 applicant's name;
785	785	24 (2) a property deed that includes the applicant's
786	786	25 name;
787	787	26 (3) school records;
788	788
789	789
790	790
791	791
792	792
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794	794
795	795
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798	798	1 (4) a voter registration card;
799	799	2 (5) an Illinois driver's license, an Illinois
800	800	3 Identification Card, or an Illinois Person with a
801	801	4 Disability Identification Card;
802	802	5 (6) a paycheck stub;
803	803	6 (7) a utility bill;
804	804	7 (8) tax records; or
805	805	8 (9) any other proof of residency or other information
806	806	9 necessary to establish residence as provided by rule.
807	807	10 "Smoking" means the inhalation of smoke caused by the
808	808	11 combustion of cannabis.
809	809	12 "Social Equity Applicant" means an applicant that is an
810	810	13 Illinois resident that meets one of the following criteria:
811	811	14 (1) an applicant with at least 51% ownership and
812	812	15 control by one or more individuals who have resided for at
813	813	16 least 5 of the preceding 10 years in a Disproportionately
814	814	17 Impacted Area;
815	815	18 (2) an applicant with at least 51% ownership and
816	816	19 control by one or more individuals who:
817	817	20 (i) have been arrested for, convicted of, or
818	818	21 adjudicated delinquent for any offense that is
819	819	22 eligible for expungement under this Act; or
820	820	23 (ii) is a member of an impacted family;
821	821	24 (3) for applicants with a minimum of 10 full-time
822	822	25 employees, an applicant with at least 51% of current
823	823	26 employees who:
824	824
825	825
826	826
827	827
828	828
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830	830
831	831
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834	834	1 (i) currently reside in a Disproportionately
835	835	2 Impacted Area; or
836	836	3 (ii) have been arrested for, convicted of, or
837	837	4 adjudicated delinquent for any offense that is
838	838	5 eligible for expungement under this Act or member of
839	839	6 an impacted family.
840	840	7 Nothing in this Act shall be construed to preempt or limit
841	841	8 the duties of any employer under the Job Opportunities for
842	842	9 Qualified Applicants Act. Nothing in this Act shall permit an
843	843	10 employer to require an employee to disclose sealed or expunged
844	844	11 offenses, unless otherwise required by law.
845	845	12 "Social Equity Lottery Licensee" means a holder of an
846	846	13 adult-use cannabis dispensary license awarded through a
847	847	14 lottery held under subsection (c) of Section 15-35.20 of this
848	848	15 Act.
849	849	16 "Tied Applicant" means an application submitted by a
850	850	17 Dispensary Applicant pursuant to Section 15-30 that received
851	851	18 the same number of application points under Section 15-30 as
852	852	19 the Dispensary Applicant's final score as one or more
853	853	20 top-scoring applications in the same BLS Region and would have
854	854	21 been awarded a license but for the one or more other
855	855	22 top-scoring applications that received the same number of
856	856	23 application points. Each application for which a Dispensary
857	857	24 Applicant was required to pay a required application fee for
858	858	25 the application period ending January 2, 2020 shall be
859	859	26 considered an application of a separate Tied Applicant.
860	860
861	861
862	862
863	863
864	864
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866	866
867	867
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870	870	1 "Tied Applicant Lottery" means the process established
871	871	2 under 68 Ill. Adm. Code 1291.50 for awarding Conditional Adult
872	872	3 Use Dispensing Organization Licenses pursuant to Sections
873	873	4 15-25 and 15-30 among Eligible Tied Applicants.
874	874	5 "Tincture" means a cannabis-infused solution, typically
875	875	6 comprised of alcohol, glycerin, or vegetable oils, derived
876	876	7 either directly from the cannabis plant or from a processed
877	877	8 cannabis extract. A tincture is not an alcoholic liquor as
878	878	9 defined in the Liquor Control Act of 1934. A tincture shall
879	879	10 include a calibrated dropper or other similar device capable
880	880	11 of accurately measuring servings.
881	881	12 "Transporting organization" or "transporter" means an
882	882	13 organization or business that is licensed by the Department of
883	883	14 Agriculture to transport cannabis or cannabis-infused product
884	884	15 on behalf of a cannabis business establishment or a community
885	885	16 college licensed under the Community College Cannabis
886	886	17 Vocational Training Pilot Program.
887	887	18 "Transporting organization agent" means a principal
888	888	19 officer, board member, employee, or agent of a transporting
889	889	20 organization.
890	890	21 "Transporting organization agent identification card"
891	891	22 means a document issued by the Department of Agriculture that
892	892	23 identifies a person as a transporting organization agent.
893	893	24 "Unit of local government" means any county, city,
894	894	25 village, or incorporated town.
895	895	26 "Vegetative stage" means the stage of cultivation in which
896	896
897	897
898	898
899	899
900	900
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903	903
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906	906	1 a cannabis plant is propagated to produce additional cannabis
907	907	2 plants or reach a sufficient size for production. This
908	908	3 includes seedlings, clones, mothers, and other immature
909	909	4 cannabis plants as follows:
910	910	5 (1) if the cannabis plant is in an area that has not
911	911	6 been intentionally deprived of light for a period of time
912	912	7 intended to produce flower buds and induce maturation, it
913	913	8 has no more than 2 stigmas visible at each internode of the
914	914	9 cannabis plant; or
915	915	10 (2) any cannabis plant that is cultivated solely for
916	916	11 the purpose of propagating clones and is never used to
917	917	12 produce cannabis.
918	918	13 (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
919	919	14 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff.
920	920	15 5-13-22.)
921	921	16 (410 ILCS 705/7-10)
922	922	17 Sec. 7-10. Cannabis Business Development Fund.
923	923	18 (a) There is created in the State treasury a special fund,
924	924	19 which shall be held separate and apart from all other State
925	925	20 moneys, to be known as the Cannabis Business Development Fund.
926	926	21 The Cannabis Business Development Fund shall be exclusively
927	927	22 used for the following purposes:
928	928	23 (1) to provide low-interest rate loans to Qualified
929	929	24 Social Equity Applicants and Social Equity Lottery
930	930	25 Licensees to pay for ordinary and necessary expenses to
931	931
932	932
933	933
934	934
935	935
936	936	SB1520 - 25 - LRB104 03588 BDA 13612 b
937	937
938	938
939	939	SB1520- 26 -LRB104 03588 BDA 13612 b SB1520 - 26 - LRB104 03588 BDA 13612 b
940	940	SB1520 - 26 - LRB104 03588 BDA 13612 b
941	941	1 start and operate a cannabis business establishment
942	942	2 permitted by this Act;
943	943	3 (2) to provide grants to Qualified Social Equity
944	944	4 Applicants to pay for ordinary and necessary expenses to
945	945	5 start and operate a cannabis business establishment
946	946	6 permitted by this Act;
947	947	7 (3) to compensate the Department of Commerce and
948	948	8 Economic Opportunity for any costs related to the
949	949	9 provision of low-interest loans and grants to Qualified
950	950	10 Social Equity Applicants and Social Equity Lottery
951	951	11 Licensees;
952	952	12 (4) to pay for outreach that may be provided or
953	953	13 targeted to attract and support Social Equity Applicants,
954	954	14 and Qualified Social Equity Applicants, and Social Equity
955	955	15 Lottery Licensees;
956	956	16 (5) to provide financial assistance to support lending
957	957	17 to, or private investment in, Qualified Social Equity
958	958	18 Applicants and Social Equity Lottery Licensees, or to
959	959	19 facilitate access to the facilities needed to commence
960	960	20 operations as a cannabis business establishment (blank);
961	961	21 (6) to conduct any study or research concerning the
962	962	22 participation of minorities, women, veterans, or people
963	963	23 with disabilities in the cannabis industry, including,
964	964	24 without limitation, barriers to such individuals entering
965	965	25 the industry as equity owners of cannabis business
966	966	26 establishments;
967	967
968	968
969	969
970	970
971	971
972	972	SB1520 - 26 - LRB104 03588 BDA 13612 b
973	973
974	974
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976	976	SB1520 - 27 - LRB104 03588 BDA 13612 b
977	977	1 (7) (blank); and
978	978	2 (8) to assist with job training and technical
979	979	3 assistance for residents in Disproportionately Impacted
980	980	4 Areas.
981	981	5 (b) All moneys collected under Sections 15-15 and 15-20
982	982	6 for Early Approval Adult Use Dispensing Organization Licenses
983	983	7 issued before January 1, 2021 and remunerations made as a
984	984	8 result of transfers of permits awarded to Qualified Social
985	985	9 Equity Applicants shall be deposited into the Cannabis
986	986	10 Business Development Fund.
987	987	11 (c) (Blank).
988	988	12 (c-5) In addition to any other transfers that may be
989	989	13 provided for by law, on July 1, 2023, or as soon thereafter as
990	990	14 practical, the State Comptroller shall direct and the State
991	991	15 Treasurer shall transfer the sum of $40,000,000 from the
992	992	16 Compassionate Use of Medical Cannabis Fund to the Cannabis
993	993	17 Business Development Fund.
994	994	18 (d) Notwithstanding any other law to the contrary, the
995	995	19 Cannabis Business Development Fund is not subject to sweeps,
996	996	20 administrative charge-backs, or any other fiscal or budgetary
997	997	21 maneuver that would in any way transfer any amounts from the
998	998	22 Cannabis Business Development Fund into any other fund of the
999	999	23 State.
1000	1000	24 (Source: P.A. 103-8, eff. 6-7-23.)
1001	1001	25 (410 ILCS 705/7-15)
1002	1002
1003	1003
1004	1004
1005	1005
1006	1006
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1008	1008
1009	1009
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1011	1011	SB1520 - 28 - LRB104 03588 BDA 13612 b
1012	1012	1 Sec. 7-15. Loans, financial assistance, and grants to
1013	1013	2 Qualified Social Equity Applicants and Social Equity Lottery
1014	1014	3 Licensees.
1015	1015	4 (a) The Department of Commerce and Economic Opportunity
1016	1016	5 shall establish grant, and loan, and financial assistance
1017	1017	6 programs, subject to appropriations from the Cannabis Business
1018	1018	7 Development Fund, for the purposes of providing financial
1019	1019	8 assistance, loans, grants, and technical assistance to
1020	1020	9 Qualified Social Equity Applicants and Social Equity Lottery
1021	1021	10 Licensees.
1022	1022	11 (b) The Department of Commerce and Economic Opportunity
1023	1023	12 has the power to:
1024	1024	13 (1) provide Cannabis Social Equity loans, financial
1025	1025	14 assistance, and grants from appropriations from the
1026	1026	15 Cannabis Business Development Fund to assist Qualified
1027	1027	16 Social Equity Applicants and Social Equity Lottery
1028	1028	17 Licensees in gaining entry to, and successfully operating
1029	1029	18 in, the State's regulated cannabis marketplace;
1030	1030	19 (2) enter into agreements that set forth terms and
1031	1031	20 conditions of the financial assistance, accept funds or
1032	1032	21 grants, and engage in cooperation with private entities
1033	1033	22 and agencies of State or local government to carry out the
1034	1034	23 purposes of this Section;
1035	1035	24 (3) fix, determine, charge, and collect any premiums,
1036	1036	25 fees, charges, costs and expenses, including application
1037	1037	26 fees, commitment fees, program fees, financing charges, or
1038	1038
1039	1039
1040	1040
1041	1041
1042	1042
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1044	1044
1045	1045
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1048	1048	1 publication fees in connection with its activities under
1049	1049	2 this Section;
1050	1050	3 (4) coordinate assistance under the financial
1051	1051	4 assistance these loan programs with activities of the
1052	1052	5 Illinois Department of Financial and Professional
1053	1053	6 Regulation, the Illinois Department of Agriculture, and
1054	1054	7 other agencies as needed to maximize the effectiveness and
1055	1055	8 efficiency of this Act;
1056	1056	9 (5) provide staff, administration, and related support
1057	1057	10 required to administer this Section;
1058	1058	11 (6) take whatever actions are necessary or appropriate
1059	1059	12 to protect the State's interest in the event of
1060	1060	13 bankruptcy, default, foreclosure, or noncompliance with
1061	1061	14 the terms and conditions of financial assistance provided
1062	1062	15 under this Section, including the ability to recapture
1063	1063	16 funds if the recipient is found to be noncompliant with
1064	1064	17 the terms and conditions of the financial assistance
1065	1065	18 agreement;
1066	1066	19 (6.5) enter into financial intermediary agreements to
1067	1067	20 facilitate lending to or investment in Qualified Social
1068	1068	21 Equity Applicants, Social Equity Lottery Licensees, or
1069	1069	22 their subsidiaries or affiliates, to ensure the
1070	1070	23 availability of facilities necessary to operate a cannabis
1071	1071	24 business establishment;
1072	1072	25 (7) establish application, notification, contract, and
1073	1073	26 other forms, procedures, or rules deemed necessary and
1074	1074
1075	1075
1076	1076
1077	1077
1078	1078
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1080	1080
1081	1081
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1084	1084	1 appropriate; and
1085	1085	2 (8) utilize vendors or contract work to carry out the
1086	1086	3 purposes of this Act.
1087	1087	4 (c) Loans made under this Section:
1088	1088	5 (1) shall only be made if, in the Department's
1089	1089	6 judgment, the project furthers the goals set forth in this
1090	1090	7 Act; and
1091	1091	8 (2) shall be in such principal amount and form and
1092	1092	9 contain such terms and provisions with respect to
1093	1093	10 security, insurance, reporting, delinquency charges,
1094	1094	11 default remedies, forgiveness, and other matters as the
1095	1095	12 Department shall determine appropriate to protect the
1096	1096	13 public interest and to be consistent with the purposes of
1097	1097	14 this Section. The terms and provisions may be less than
1098	1098	15 required for similar loans not covered by this Section;
1099	1099	16 and .
1100	1100	17 (3) may be distributed by lot if the Department
1101	1101	18 determines that the amount of funding available is
1102	1102	19 insufficient to provide an adequate amount of funding for
1103	1103	20 all of the applicants eligible to receive a loan. The
1104	1104	21 Department may determine the number of loans available
1105	1105	22 based on the amount of funding available and communicate
1106	1106	23 the number of loans available on the loan application. The
1107	1107	24 Department may use competitive criteria to establish which
1108	1108	25 applicants are eligible to receive a grant, loan, or
1109	1109	26 financial assistance.
1110	1110
1111	1111
1112	1112
1113	1113
1114	1114
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1116	1116
1117	1117
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1120	1120	1 (d) Grants made under this Section shall be awarded on a
1121	1121	2 competitive and annual basis under the Grant Accountability
1122	1122	3 and Transparency Act. Grants made under this Section shall
1123	1123	4 further and promote the goals of this Act, including promotion
1124	1124	5 of Social Equity Applicants, Qualified Social Equity
1125	1125	6 Applicants, or Social Equity Lottery Licensees, job training
1126	1126	7 and workforce development, and technical assistance to Social
1127	1127	8 Equity Applicants and Social Equity Lottery Licensees. To the
1128	1128	9 extent registration with the federal System for Award
1129	1129	10 Management requires a grant applicant to certify compliance
1130	1130	11 with all federal laws, the grant applicants under this Section
1131	1131	12 shall not be required to register for a unique entity
1132	1132	13 identifier through the federal System for Award Management to
1133	1133	14 be qualified to receive a grant so long as federal law
1134	1134	15 prohibits the cultivation and sale of cannabis.
1135	1135	16 (d-5) Financial intermediary agreements to provide
1136	1136	17 financial assistance must further the goals set forth in this
1137	1137	18 Act and shall result in financing or lease costs that are
1138	1138	19 affordable or below market rate.
1139	1139	20 (e) Beginning January 1, 2021 and each year thereafter,
1140	1140	21 the Department shall annually report to the Governor and the
1141	1141	22 General Assembly on the outcomes and effectiveness of this
1142	1142	23 Section that shall include the following:
1143	1143	24 (1) the number of persons or businesses receiving
1144	1144	25 financial assistance under this Section;
1145	1145	26 (2) the amount in financial assistance awarded in the
1146	1146
1147	1147
1148	1148
1149	1149
1150	1150
1151	1151	SB1520 - 31 - LRB104 03588 BDA 13612 b
1152	1152
1153	1153
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1156	1156	1 aggregate, in addition to the amount of loans made that
1157	1157	2 are outstanding and the amount of grants awarded;
1158	1158	3 (3) the location of the project engaged in by the
1159	1159	4 person or business; and
1160	1160	5 (4) if applicable, the number of new jobs and other
1161	1161	6 forms of economic output created as a result of the
1162	1162	7 financial assistance.
1163	1163	8 (f) The Department of Commerce and Economic Opportunity
1164	1164	9 shall include engagement with individuals with limited English
1165	1165	10 proficiency as part of its outreach provided or targeted to
1166	1166	11 attract and support Social Equity Applicants.
1167	1167	12 (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
1168	1168	13 (410 ILCS 705/55-30)
1169	1169	14 Sec. 55-30. Confidentiality.
1170	1170	15 (a) Information provided by the cannabis business
1171	1171	16 establishment licensees or applicants to the Department of
1172	1172	17 Agriculture, the Department of Public Health, the Department
1173	1173	18 of Financial and Professional Regulation, the Department of
1174	1174	19 Commerce and Economic Opportunity, or other agency shall be
1175	1175	20 limited to information necessary for the purposes of
1176	1176	21 administering this Act. The information is subject to the
1177	1177	22 provisions and limitations contained in the Freedom of
1178	1178	23 Information Act and may be disclosed in accordance with
1179	1179	24 Section 55-65.
1180	1180	25 (b) The following information received and records kept by
1181	1181
1182	1182
1183	1183
1184	1184
1185	1185
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1187	1187
1188	1188
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1191	1191	1 the Department of Agriculture, the Department of Public
1192	1192	2 Health, the Illinois State Police, and the Department of
1193	1193	3 Financial and Professional Regulation for purposes of
1194	1194	4 administering this Article are subject to all applicable
1195	1195	5 federal privacy laws, are confidential and exempt from
1196	1196	6 disclosure under the Freedom of Information Act, except as
1197	1197	7 provided in this Act, and not subject to disclosure to any
1198	1198	8 individual or public or private entity, except to the
1199	1199	9 Department of Financial and Professional Regulation, the
1200	1200	10 Department of Agriculture, the Department of Public Health,
1201	1201	11 the Department of Commerce and Economic Opportunity, and the
1202	1202	12 Illinois State Police as necessary to perform official duties
1203	1203	13 under this Article and to the Attorney General as necessary to
1204	1204	14 enforce the provisions of this Act. The following information
1205	1205	15 received and kept by the Department of Financial and
1206	1206	16 Professional Regulation or the Department of Agriculture may
1207	1207	17 be disclosed to the Department of Public Health, the
1208	1208	18 Department of Agriculture, the Department of Revenue, the
1209	1209	19 Illinois State Police, the Department of Commerce and Economic
1210	1210	20 Opportunity, or the Attorney General upon proper request:
1211	1211	21 (1) Applications and renewals, their contents, and
1212	1212	22 supporting information submitted by or on behalf of
1213	1213	23 dispensing organizations, cannabis business
1214	1214	24 establishments, or Community College Cannabis Vocational
1215	1215	25 Program licensees, in compliance with this Article,
1216	1216	26 including their physical addresses; however, this does not
1217	1217
1218	1218
1219	1219
1220	1220
1221	1221
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1223	1223
1224	1224
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1227	1227	1 preclude the release of ownership information about
1228	1228	2 cannabis business establishment licenses, or information
1229	1229	3 submitted with an application required to be disclosed
1230	1230	4 pursuant to subsection (f);
1231	1231	5 (2) Any plans, procedures, policies, or other records
1232	1232	6 relating to cannabis business establishment security; and
1233	1233	7 (3) Information otherwise exempt from disclosure by
1234	1234	8 State or federal law.
1235	1235	9 Illinois or national criminal history record information,
1236	1236	10 or the nonexistence or lack of such information, may not be
1237	1237	11 disclosed by the Department of Financial and Professional
1238	1238	12 Regulation or the Department of Agriculture, except as
1239	1239	13 necessary to the Attorney General to enforce this Act.
1240	1240	14 (c) The name and address of a dispensing organization
1241	1241	15 licensed under this Act shall be subject to disclosure under
1242	1242	16 the Freedom of Information Act. The name and cannabis business
1243	1243	17 establishment address of the person or entity holding each
1244	1244	18 cannabis business establishment license shall be subject to
1245	1245	19 disclosure.
1246	1246	20 (d) All information collected by the Department of
1247	1247	21 Financial and Professional Regulation or the Department of
1248	1248	22 Agriculture in the course of an examination, inspection, or
1249	1249	23 investigation of a licensee or applicant, including, but not
1250	1250	24 limited to, any complaint against a licensee or applicant
1251	1251	25 filed with the Department of Financial and Professional
1252	1252	26 Regulation or the Department of Agriculture and information
1253	1253
1254	1254
1255	1255
1256	1256
1257	1257
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1259	1259
1260	1260
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1263	1263	1 collected to investigate any such complaint, shall be
1264	1264	2 maintained for the confidential use of the Department of
1265	1265	3 Financial and Professional Regulation or the Department of
1266	1266	4 Agriculture and shall not be disclosed, except as otherwise
1267	1267	5 provided in this Act. A formal complaint against a licensee by
1268	1268	6 the Department of Financial and Professional Regulation or the
1269	1269	7 Department of Agriculture or any disciplinary order issued by
1270	1270	8 the Department of Financial and Professional Regulation or the
1271	1271	9 Department of Agriculture against a licensee or applicant
1272	1272	10 shall be a public record, except as otherwise provided by law.
1273	1273	11 Complaints from consumers or members of the general public
1274	1274	12 received regarding a specific, named licensee or complaints
1275	1275	13 regarding conduct by unlicensed entities shall be subject to
1276	1276	14 disclosure under the Freedom of Information Act.
1277	1277	15 (e) The Department of Agriculture, the Illinois State
1278	1278	16 Police, and the Department of Financial and Professional
1279	1279	17 Regulation shall not share or disclose any Illinois or
1280	1280	18 national criminal history record information, or the
1281	1281	19 nonexistence or lack of such information, to any person or
1282	1282	20 entity not expressly authorized by this Act.
1283	1283	21 (f) Each Department responsible for licensure under this
1284	1284	22 Act shall publish on the Department's website a list of the
1285	1285	23 ownership information of cannabis business establishment
1286	1286	24 licensees under the Department's jurisdiction. The list shall
1287	1287	25 include, but is not limited to: the name of the person or
1288	1288	26 entity holding each cannabis business establishment license;
1289	1289
1290	1290
1291	1291
1292	1292
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1300	1300
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