Section 1290.300  Operational Requirements

a)         It is the duty of the Division to enforce the provisions of the Act and this Part relating to the registration and oversight of dispensing organization, unless otherwise provided in the Act. 

b)         A dispensing organization awarded a registration shall operate in accordance with the representations made in its application and registration packet. It shall be in compliance with the Act and this Part while registered with the Division.

c)         Only a dispensing organization that has been issued a registration by the Division shall own and operate a dispensary. 

d)         A dispensing organization must include the name of the dispensary on the packaging of any cannabis product it sells.

e)         All medical cannabis and cannabis-infused products must be obtained from an Illinois registered cultivation center (see 8 Ill. Adm. Code 1000). 

f)         A dispensing organization shall inspect and count product received from the cultivation center before dispensing it.

g)         A dispensing organization may only accept medical cannabis deliveries into a restricted access area.  Deliveries may not be accepted through the public or limited access areas unless otherwise approved by the Division.

h)         A dispensing organization shall maintain compliance with State and local building, fire and zoning requirements or regulations.

i)          A dispensing organization shall submit a list to the Division of the names of all service professionals who will work at the dispensary.  The list shall include a description of the type of business or service provided.  Changes to the service professional list shall be promptly provided.  No service professional shall work in the dispensary until the name is provided to the Division on the service professional list.

j)          A registration shall allow the registrant to operate at a single location.

k)         A dispensary may operate between 6 a.m. and 8 p.m. local time.

l)          A dispensing organization must keep all lighting outside and inside the dispensary in good working order and wattage sufficient for security cameras.

m)        A dispensing organization shall not:

1)         Produce or manufacture cannabis;

2)         Allow consumption of cannabis at the dispensary;

3)         Accept a cannabis product from a cultivation center unless it is pre-packaged and labeled in accordance with this Part, 8 Ill. Adm. Code 1000 and 77 Ill. Adm. Code 946;

4)         Sell cannabis or cannabis-infused products to a consumer unless the individual presents an active registered qualifying patient, provisional patient, OAPP participant or designated caregiver card issued by DPH;

5)         Enter into an exclusive agreement with any cultivation center. Dispensaries shall provide patients, provisional patients and participants an assortment of products from various cultivation centers.  The Division may request that a dispensary diversify its products as needed;

6)         Refuse to conduct business with a cultivation center that has the ability to properly deliver the product and is permitted by DOA, on the same terms as other cultivation centers with whom it is dealing;

7)         Operate drive through windows;

8)         Transport cannabis to residences of registered qualifying patients, provisional patients, OAPP participants or designated caregivers;

9)         Operate a dispensary if its video surveillance equipment is inoperative;

10)        Operate a dispensary if the point of sale equipment is inoperative;

11)        Operate a dispensary if the State verification system or the Illinois Cannabis Tracking System is inoperative;

12)        Have fewer than two people working at the dispensary at any time while the dispensary is open;

13)        Contract with, pay, or have a profit sharing arrangement with third party groups that assist individuals with finding a physician or completing the patient or participant application; or

14)        Pay a referral fee to a third-party group for sending patients or participants to a specific dispensary.

(Source:  Amended at 43 Ill. Reg. 6593, effective May 20, 2019)