Rep. Kam Buckner
Filed: 1/6/2025
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1 | AMENDMENT TO SENATE BILL 2417 | ||||||
2 | AMENDMENT NO. ______. Amend Senate Bill 2417, AS AMENDED, | ||||||
3 | by replacing everything after the enacting clause with the | ||||||
4 | following: | ||||||
5 | "Section 1. Short title. This Act may be cited as the Hemp | ||||||
6 | Consumer Products Act. | ||||||
7 | Section 5. Definitions. In this Act: | ||||||
8 | "Accreditation body" means an impartial non-profit | ||||||
9 | organization that operates in conformance with the | ||||||
10 | International Organization for Standardization | ||||||
11 | (ISO)/International Electrotechnical Commission (IEC) | ||||||
12 | standard 17011 and is a signatory to the International | ||||||
13 | Laboratory Accreditation Cooperation (ILAC) Mutual Recognition | ||||||
14 | Arrangement (MRA) for Testing. | ||||||
15 | "Artificially derived cannabinoid" means a cannabinoid | ||||||
16 | that is created by a chemical or physical reaction that |
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1 | changes the molecular structure of any chemical substance | ||||||
2 | derived from Cannabis sativa. | ||||||
3 | "Department" means the Department of Agriculture. | ||||||
4 | "Director" means the Director of Agriculture. | ||||||
5 | "Hemp cannabinoid" means a naturally occurring | ||||||
6 | phytocannabinoid derived from the hemp plant that does not | ||||||
7 | have an intoxicating effect on the mind and body, as | ||||||
8 | determined by the Department by rule, including: | ||||||
9 | (1) cannabidiol (CBD); | ||||||
10 | (2) cannabichromene (CBC); | ||||||
11 | (3) cannabicitran (CBT); | ||||||
12 | (4) cannabicyclol (CBL); | ||||||
13 | (5) cannabielsoin (CBE); | ||||||
14 | (6) cannabigerol (CBG); | ||||||
15 | (7) cannabidivarin (CBDV); or | ||||||
16 | (8) cannabinol (CBN). | ||||||
17 | "Hemp consumer CBD product" means a product offered for | ||||||
18 | sale or distribution that: | ||||||
19 | (1) contains naturally occurring hemp | ||||||
20 | phytocannabinoids; | ||||||
21 | (2) is intended for consumption by any means, | ||||||
22 | including, but not limited to, oral ingestion, inhalation, | ||||||
23 | smoking, or topical absorption; | ||||||
24 | (3) contains a total tetrahydrocannabinol | ||||||
25 | concentration of no greater than: | ||||||
26 | (a) 0.3%; or |
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1 | (b) 0.5 milligrams per serving or individual | ||||||
2 | product unit, and 2 milligrams per package for | ||||||
3 | products sold in multiple servings or units, for any | ||||||
4 | beverage, food, oil, ointment, tincture, topical | ||||||
5 | formation, or any other product that is intended for | ||||||
6 | human or animal consumption by means other than | ||||||
7 | inhalation or smoking; and | ||||||
8 | (4) contains a total hemp cannabinoid concentration | ||||||
9 | that is at least 25 times greater than the total | ||||||
10 | tetrahydrocannabinol concentration per serving and per | ||||||
11 | package. | ||||||
12 | "Hemp consumer CBD product registrant" means a person or | ||||||
13 | entity that manufactures, processes, packages, handles, | ||||||
14 | distributes or otherwise adds value to the hemp consumer CBD | ||||||
15 | product, and made the first sale of the hemp consumer CBD | ||||||
16 | product in Illinois to an Illinois wholesaler, processor, | ||||||
17 | distributor, retailer, or consumer, or as otherwise defined by | ||||||
18 | rule. A hemp consumer CBD product registrant is required to | ||||||
19 | register hemp consumer CBD products with the Department of | ||||||
20 | Agriculture prior to sale of hemp consumer CBD products in | ||||||
21 | Illinois. | ||||||
22 | "Hemp consumer products manufacturer" means a person or | ||||||
23 | entity located in Illinois licensed to source industrial hemp | ||||||
24 | plant material from a licensed state, tribal, or USDA hemp | ||||||
25 | cultivator, and process, manufacture, and distribute hemp | ||||||
26 | products for human or animal consumption. |
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1 | "Hemp-derived intoxicating product" means a beverage, | ||||||
2 | food, oil, ointment, tincture, topical formulation, or other | ||||||
3 | product intended for human or animal consumption that is | ||||||
4 | derived from hemp extract and does not contain more than 5 | ||||||
5 | milligrams per serving or 10 milligrams per package of delta-9 | ||||||
6 | THC derived from any naturally occurring cannabinoids found in | ||||||
7 | hemp and that may only be offered for sale at a dispensing | ||||||
8 | organization under the Cannabis Regulation and Tax Act. | ||||||
9 | "Scope of accreditation" means a document issued by an | ||||||
10 | accreditation body that attests to a testing laboratory's | ||||||
11 | competence to carry out specific testing and analysis. | ||||||
12 | "Synthetic cannabinoid" means a cannabinoid-like compound | ||||||
13 | that was produced using chemical synthesis, chemical | ||||||
14 | modification, or chemical conversion, including in vitro | ||||||
15 | biosynthesis or other bioconversion methods. "Synthetic | ||||||
16 | cannabinoid" includes cannabinoids converted from one chemical | ||||||
17 | structure into another, such as tetrahydrocannabinol produced | ||||||
18 | by the conversion of cannabidiol. | ||||||
19 | "Testing laboratory" means an independent, third-party | ||||||
20 | laboratory approved and registered with the Department that is | ||||||
21 | contracted to test hemp consumer CBD products. A testing | ||||||
22 | laboratory may include laboratories approved by the Department | ||||||
23 | under the Cannabis Regulation and Tax Act or a laboratory | ||||||
24 | operated by the State. | ||||||
25 | "Tetrahydrocannabinol" or "THC" means any naturally | ||||||
26 | occurring or synthetic tetrahydrocannabinol, including its |
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1 | salts, isomers, and salts of isomers, whenever the existence | ||||||
2 | of such salts, isomers, and salts of isomers is possible | ||||||
3 | within the specific chemical designation, and any preparation, | ||||||
4 | mixture, or substance containing, or mixed or infused with, | ||||||
5 | any detectable amount of tetrahydrocannabinol or | ||||||
6 | tetrahydrocannabolic acid, including, but not limited to, | ||||||
7 | delta-8-tetrahydrocannabinol, delta-9-tetrahydrocannabinol, | ||||||
8 | delta-10-tetrahydrocannabinol, tetrahydrocannabolic acid, | ||||||
9 | tetrahydrocannabiphorol, or hexahydrocannabinol, however | ||||||
10 | derived, or any other substance determined by the Department | ||||||
11 | to have similar intoxicating effects on the mind or body. As | ||||||
12 | used in this definition, "isomer" means the optical, position, | ||||||
13 | and geometric isomers. | ||||||
14 | Section 10. Prohibitions; compliance. | ||||||
15 | (a) Beginning on the effective date of this Act, no | ||||||
16 | person, retailer, or entity shall distribute for sale, | ||||||
17 | manufacture, sell, offer for sale, market, or advertise any | ||||||
18 | hemp product intended for human or animal consumption within | ||||||
19 | this State unless the hemp product meets the definition of | ||||||
20 | hemp consumer CBD product, is sold by a licensed cannabis | ||||||
21 | business establishment under the Cannabis Regulation and Tax | ||||||
22 | Act or Compassionate Use of Medical Cannabis Act, or is sold to | ||||||
23 | or purchased by an industrial hemp processor or hemp consumer | ||||||
24 | product manufacturer licensee for use in the manufacture of | ||||||
25 | hemp products intended for human or animal consumption. |
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1 | (b) Effective January 1, 2026 or upon the first date that a | ||||||
2 | hemp consumer CBD product registration application is made | ||||||
3 | available by the Department, whichever is sooner, all hemp | ||||||
4 | consumer CBD products shall comply with all of the hemp | ||||||
5 | consumer CBD product requirements of this Act. | ||||||
6 | (c) A product that has a THC concentration greater than | ||||||
7 | the limits set forth for hemp consumer CBD products as defined | ||||||
8 | in this Act shall, unless otherwise provided under this Act, | ||||||
9 | be regulated as cannabis as defined in the Cannabis Regulation | ||||||
10 | and Tax Act, whether or not the product is made with or derived | ||||||
11 | from hemp or industrial hemp or is derived from natural or | ||||||
12 | synthetic sources. | ||||||
13 | (d) A product derived from hemp cannabinoids and sold by a | ||||||
14 | cannabis business establishment as authorized by the Cannabis | ||||||
15 | Regulation and Tax Act shall be cannabis as that term is used | ||||||
16 | under the Cannabis Regulation and Tax Act and may be sold only | ||||||
17 | by a licensed dispensing organization. | ||||||
18 | (e) Notwithstanding subsection (a) or (c), until August | ||||||
19 | 31, 2025 any beverage derived from hemp may be offered for sale | ||||||
20 | or sold by (i) a person licensed under the Liquor Control Act | ||||||
21 | as a retailer or a manufacturer that has retail privileges | ||||||
22 | whose total sales of alcohol equal 90% or more of total sales | ||||||
23 | or (ii) an industrial hemp manufacturer or hemp consumer | ||||||
24 | product manufacturer who also holds retail privileges as a | ||||||
25 | manufacturer as provided under the Liquor Control Act. No | ||||||
26 | beverage derived from hemp may be given, sold, transferred, or |
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1 | delivered, with or without remuneration, to any person under | ||||||
2 | 21 years of age. A retailer subject to this subsection (e) | ||||||
3 | shall refuse to sell any beverage derived from hemp to any | ||||||
4 | person unless the person produces valid identification showing | ||||||
5 | that the person is 21 years of age or older, which must be | ||||||
6 | verified at the point of sale. Any hemp-derived beverages | ||||||
7 | subject to this subsection (e) may contain only up to 10 | ||||||
8 | milligrams per individual container of | ||||||
9 | delta-9-tetrahydrocannabinol derived from any naturally | ||||||
10 | occurring cannabinoids found in hemp. | ||||||
11 | (f) Nothing in this Act shall prohibit the transportation | ||||||
12 | or shipment of hemp or hemp products through the State. | ||||||
13 | Section 15. Hemp consumer product manufacturers; | ||||||
14 | applications and licensing. | ||||||
15 | (a) By July 1, 2025, the Department shall create | ||||||
16 | applicable rules, guidance, and forms for licensing hemp | ||||||
17 | consumer products manufacturers and a process to transition | ||||||
18 | industrial hemp manufacturers registered under the Industrial | ||||||
19 | Hemp Act that processes or manufactures products derived from | ||||||
20 | hemp intended for human or animal consumption to a hemp | ||||||
21 | consumer product license. | ||||||
22 | (b) An application for licensure shall be submitted to the | ||||||
23 | Department on a form prescribed by the Department, which shall | ||||||
24 | include: | ||||||
25 | (1) the name, address, email address, and telephone |
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1 | number of the applicant; | ||||||
2 | (2) identification of the facility that will be used | ||||||
3 | for the processing, manufacturing, distribution, or retail | ||||||
4 | sale of hemp, as applicable; | ||||||
5 | (3) a copy of the current local zoning ordinance or | ||||||
6 | permit and verification that the proposed hemp consumer | ||||||
7 | products processor is in compliance with the local zoning | ||||||
8 | rules and distance limitations established by the local | ||||||
9 | jurisdiction for hemp consumer products processing; | ||||||
10 | (4) the federal employer identification number of the | ||||||
11 | applicant; | ||||||
12 | (5) a copy and description of any other license or | ||||||
13 | licenses issued by state or federal authorities related to | ||||||
14 | hemp or cannabis operations or ancillary services; | ||||||
15 | (6) a summary of the sources of industrial processes, | ||||||
16 | hemp materials, hemp consumer CBD products, and hemp | ||||||
17 | extract to be used, as applicable; | ||||||
18 | (7) a description of any other businesses or business | ||||||
19 | activities conducted on the premises to be licensed; | ||||||
20 | (8) identification of the person or persons with the | ||||||
21 | ability to direct the activity of the applicant or | ||||||
22 | licensee, including principals, officers, or others with | ||||||
23 | such control; and | ||||||
24 | (9) any other information required by the Department. | ||||||
25 | (c) The Department may reject or deny an application if it | ||||||
26 | determines that the information contained in the application |
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1 | does not meet the requirements or is incomplete, false, | ||||||
2 | inaccurate, or omits a material fact. | ||||||
3 | (d) Licenses shall not be transferable or assignable to | ||||||
4 | any person, including, without limitation, to another | ||||||
5 | licensee, without prior written approval of the Department. | ||||||
6 | (e) Licenses are valid for a period of one year and must be | ||||||
7 | renewed annually at a fee of $5,000 or as otherwise determined | ||||||
8 | by rule. | ||||||
9 | (f) The Department may revoke any license issued under | ||||||
10 | this Act for failure to adhere to the requirements of this Act | ||||||
11 | and the rules adopted by the Department. | ||||||
12 | Section 20. Requirements for hemp consumer products | ||||||
13 | manufacturer licensees. | ||||||
14 | (a) The Department shall license and regulate hemp | ||||||
15 | consumer products manufacturers for the purpose of allowing | ||||||
16 | processors to obtain and source lawful industrial hemp and | ||||||
17 | hemp plant materials for manufacturing and processing finished | ||||||
18 | hemp consumer products in accordance with this Act. | ||||||
19 | (b) All hemp consumer products manufacturers shall: | ||||||
20 | (1) maintain sufficient records to demonstrate that | ||||||
21 | any hemp or hemp extract used by the licensee was grown, | ||||||
22 | derived, extracted, and transported in accordance with | ||||||
23 | applicable laws and licensing requirements of the | ||||||
24 | jurisdiction or jurisdictions from which the hemp or hemp | ||||||
25 | extract was sourced and, for hemp received from an |
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1 | out-of-state grower, shall also maintain records of the | ||||||
2 | out-of-state grower registration or license number in the | ||||||
3 | respective jurisdiction; | ||||||
4 | (4) keep all designated extracting and manufacturing | ||||||
5 | areas safe and sanitary, including, but not limited to, | ||||||
6 | ensuring that those areas are adequately lit, cleaned, and | ||||||
7 | smoke-free; | ||||||
8 | (5) not use, in the extraction or manufacturing of any | ||||||
9 | hemp consumer CBD products, synthetic cannabinoids, | ||||||
10 | artificially derived cannabinoids, or | ||||||
11 | tetrahydrocannabinol created through isomerization; and | ||||||
12 | (6) maintain the records required by this Act for at | ||||||
13 | least 3 years and immediately produce those records upon | ||||||
14 | request of the Department. | ||||||
15 | (c) A hemp product manufacturer shall not offer for sale | ||||||
16 | or distribution products to a location where prohibited by law | ||||||
17 | or to a business that is not permitted to sell products made by | ||||||
18 | the licensee. | ||||||
19 | (d) The Department may conduct announced or unannounced | ||||||
20 | premises or product inspections, including, but not limited | ||||||
21 | to, inspections, audits, sampling, and testing of hemp, hemp | ||||||
22 | extract, hemp consumer CBD products, or any solvents, | ||||||
23 | chemicals, or materials used by the licensee. | ||||||
24 | (e) A hemp consumer product manufacturer shall comply with | ||||||
25 | any other requirements or prohibitions set by administrative | ||||||
26 | rule by the Department. |
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1 | Section 25. Registration of hemp consumer CBD products. | ||||||
2 | (a) Upon the availability of a hemp consumer CBD product | ||||||
3 | registration application, all establishments, including | ||||||
4 | physical and online establishments, shall register all hemp | ||||||
5 | consumer CBD products offered for sale in the State with the | ||||||
6 | Department. Hemp consumer CBD products must comply with | ||||||
7 | registration requirements under this Act. | ||||||
8 | (b) The Department shall create an online hemp consumer | ||||||
9 | CBD product registration application. The Department may | ||||||
10 | reject an application if the product hemp consumer CBD product | ||||||
11 | does not meet the definition of a hemp consumer CBD product or | ||||||
12 | does not meet any other hemp consumer CBD product requirements | ||||||
13 | under this Act or under rules adopted under this Act. | ||||||
14 | (c) The product registration application shall include, | ||||||
15 | but is not limited to: | ||||||
16 | (1) the name of the hemp consumer CBD product; | ||||||
17 | (2) a recently conducted certificate of analysis; and | ||||||
18 | (3) a depiction of the label on the hemp consumer CBD | ||||||
19 | product. | ||||||
20 | (d) The Department shall maintain a list of registered | ||||||
21 | hemp consumer CBD products on its website. | ||||||
22 | (e) A new registration shall be submitted if there is a | ||||||
23 | change to the name, label, recipe, or chemical composition of | ||||||
24 | the hemp consumer CBD product. | ||||||
25 | (f) Any registered hemp consumer CBD product offered for |
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1 | sale in the State may be subject to product inspection and | ||||||
2 | sampling by the Department to ensure compliance with the | ||||||
3 | registration requirements. Any retailer of a hemp consumer CBD | ||||||
4 | product shall provide the Department with a reasonable sample | ||||||
5 | upon request not to exceed 2 units per product type. | ||||||
6 | (g) The Department may deregister any registered hemp | ||||||
7 | consumer CBD product that is found not to be in compliance with | ||||||
8 | the Act. The Department shall maintain a list of hemp consumer | ||||||
9 | CBD product that have been deregistered on its website. Retail | ||||||
10 | establishments shall have 30 days to remove from sale all hemp | ||||||
11 | consumer CBD products that have been deregistered. | ||||||
12 | (h) The Department may prohibit a hemp consumer CBD | ||||||
13 | product registrant from registering hemp consumer CBD products | ||||||
14 | if the registrant has had 3 hemp consumer CBD products | ||||||
15 | deregistered in a one-year period, or as otherwise provided | ||||||
16 | for by rule. | ||||||
17 | (i) The Department shall set and collect a fee of $150 for | ||||||
18 | the registration of each hemp consumer CBD product, which | ||||||
19 | shall be deposited into the Industrial Hemp Regulatory Fund. | ||||||
20 | The Department may adjust the fee by rule. | ||||||
21 | (j) The Department may adopt rules regarding the | ||||||
22 | registration of hemp consumer CBD products. | ||||||
23 | (k) Retailers or entities that offer for sale products | ||||||
24 | that are found to meet the definition of a hemp consumer CBD | ||||||
25 | product but are not registered are subject to a $500 fine per | ||||||
26 | product. |
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1 | Section 30. Requirements of hemp consumer CBD products. | ||||||
2 | (a) All hemp consumer CBD products distributed, sold, or | ||||||
3 | offered for sale in this State shall be subject to the | ||||||
4 | following minimum requirements: | ||||||
5 | (1) the hemp consumer CBD product shall: | ||||||
6 | (A) contain naturally occurring hemp | ||||||
7 | phytocannabinoids; | ||||||
8 | (B) be intended for consumption by any means, | ||||||
9 | including, but not limited to, oral ingestion, | ||||||
10 | inhalation, smoking, or topical absorption; | ||||||
11 | (C) contain a total tetrahydrocannabinol | ||||||
12 | concentration of no greater than: | ||||||
13 | (i) 0.3%; or | ||||||
14 | (ii) 0.5 milligrams per serving or individual | ||||||
15 | product unit, and 2 milligrams per package for | ||||||
16 | products sold in multiple servings or units, for | ||||||
17 | any beverage, food, oil, ointment, tincture, | ||||||
18 | topical formation, or any other product that is | ||||||
19 | intended for human or animal consumption by means | ||||||
20 | other than inhalation or smoking; | ||||||
21 | (D) have total hemp cannabinoid concentration that | ||||||
22 | is at least 25 times greater than the amount of total | ||||||
23 | tetrahydrocannabinol concentration per serving and per | ||||||
24 | package; | ||||||
25 | (2) not contain liquor, wine, beer, or cider or meet |
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1 | the definition of alcoholic liquor under the Liquor | ||||||
2 | Control Act of 1934; | ||||||
3 | (3) not contain tobacco or nicotine in the product; | ||||||
4 | (4) accurately reflect testing results and not contain | ||||||
5 | less than 90% or more than 110% of the concentration of | ||||||
6 | total cannabinoid content as listed on the product label; | ||||||
7 | (5) be prepackaged and not added to food or any other | ||||||
8 | consumable products at the point of sale; | ||||||
9 | (6) comply with product testing standards set forth in | ||||||
10 | this Act; and | ||||||
11 | (7) not contain synthetic cannabinoids or artificially | ||||||
12 | derived cannabinoids. | ||||||
13 | (b) All concentrated hemp consumer CBD products intended | ||||||
14 | for inhalation or vaporization shall meet the following | ||||||
15 | additional requirements: | ||||||
16 | (1) except for hemp-derived terpenes, excipients and | ||||||
17 | ingredients must be pharmaceutical grade, unless otherwise | ||||||
18 | approved by the Department, and shall not include: | ||||||
19 | (A) synthetic terpenes; | ||||||
20 | (B) polyethylene glycol (PEG); | ||||||
21 | (C) vitamin E acetate; | ||||||
22 | (D) medium chain triglycerides (MCT oil); | ||||||
23 | (E) medicinal compounds; | ||||||
24 | (F) illegal or controlled substances; | ||||||
25 | (G) artificial food coloring; | ||||||
26 | (H) benzoic acid; |
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1 | (I) diketones; or | ||||||
2 | (J) any other compound or ingredient as determined | ||||||
3 | by the Department in rules; and | ||||||
4 | (2) excipients and ingredients must not contain any | ||||||
5 | flavors or flavoring agents, except for hemp-derived | ||||||
6 | terpenes. | ||||||
7 | Section 35. Packaging and labeling of hemp consumer CBD | ||||||
8 | products. | ||||||
9 | (a) All hemp consumer CBD products distributed or offered | ||||||
10 | for retail sale in this State shall include the following | ||||||
11 | information on the product label or packaging: | ||||||
12 | (1) a list of all ingredients in descending order of | ||||||
13 | predominance by weight in the product; | ||||||
14 | (2) The serving size and number of servings per | ||||||
15 | package or container, including the milligrams per serving | ||||||
16 | of detectable: | ||||||
17 | (A) individual hemp cannabinoids; | ||||||
18 | (B) total hemp cannabinoids; | ||||||
19 | (C) individual THC cannabinoids; | ||||||
20 | (D) total THC; and | ||||||
21 | (E) any other cannabinoids; | ||||||
22 | (3) an expiration date; | ||||||
23 | (4) the name of the hemp manufacturer, whether | ||||||
24 | in-state or out-of-state; | ||||||
25 | (5) a means for reporting serious adverse events; and |
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1 | (6) any other marking, statement, or symbol required | ||||||
2 | by the Department, by rule. | ||||||
3 | (b) No hemp consumer CBD product offered for retail sale | ||||||
4 | shall be made attractive to children; imitate a candy label or | ||||||
5 | widely available food label; use fruit, cartoons, or other | ||||||
6 | images popularly used to advertise to children; or otherwise | ||||||
7 | be marketed to children. | ||||||
8 | (c) No hemp consumer CBD product shall be marketed, | ||||||
9 | advertised, or offered for sale in a manner that would cause a | ||||||
10 | reasonable consumer: | ||||||
11 | (1) to be confused as to whether the hemp consumer CBD | ||||||
12 | product is trademarked, marked, or labeled in a manner | ||||||
13 | that violates any federal trademark law or regulation; or | ||||||
14 | (2) to believe that a hemp consumer CBD product is | ||||||
15 | cannabis, or medical cannabis, or that a licensee is | ||||||
16 | authorized to sell or dispense cannabis or medical | ||||||
17 | cannabis, as those terms are defined in the Cannabis | ||||||
18 | Regulation and Tax Act or the Compassionate Use of Medical | ||||||
19 | Cannabis Program Act. | ||||||
20 | (d) All hemp consumer CBD products offered for retail sale | ||||||
21 | shall include the following warnings on the product label or | ||||||
22 | packaging, in a manner that is clear and conspicuous: | ||||||
23 | (1) a warning that the product must be kept out of the | ||||||
24 | reach of children and pets; | ||||||
25 | (2) a warning that the product has not been evaluated | ||||||
26 | or approved by the Food and Drug Administration for safety |
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1 | or efficacy; | ||||||
2 | (3) a warning that a pregnant or nursing consumer | ||||||
3 | should consult the consumer's health care provider before | ||||||
4 | use; | ||||||
5 | (4) for hemp consumer CBD products intended to be | ||||||
6 | inhaled or vaporized, a warning stating that smoking or | ||||||
7 | vaping is hazardous to your health; and | ||||||
8 | (5) any other warning required by the Department. | ||||||
9 | Section 40. Laboratory testing requirements for hemp | ||||||
10 | consumer CBD products. | ||||||
11 | (a) The Department shall approve hemp consumer CBD product | ||||||
12 | testing laboratories to be contracted by licensees under this | ||||||
13 | Act for testing of hemp consumer CBD products. All approved | ||||||
14 | testing laboratories shall be listed on the Department's | ||||||
15 | website. Out-of-state laboratories may be approved by the | ||||||
16 | Department. | ||||||
17 | (b) All approved testing laboratories shall maintain: | ||||||
18 | (1) ISO/IEC 17025 accreditation for the physical | ||||||
19 | testing location and for the testing of one or more of the | ||||||
20 | analytes determined by the department; | ||||||
21 | (2) a valid scope of accreditation, issued by an | ||||||
22 | accreditation body, that attests to the laboratory's | ||||||
23 | competence to perform testing of hemp consumer CBD | ||||||
24 | products; | ||||||
25 | (3) method validation records for all testing |
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1 | conducted; | ||||||
2 | (4) standard operating procedures for the sampling of | ||||||
3 | hemp consumer CBD products; and | ||||||
4 | (5) maintain testing methodologies to ascertain the | ||||||
5 | presence of synthetic cannabinoids, artificially derived | ||||||
6 | cannabinoids, or cannabinoids created through | ||||||
7 | isomerization, including tetrahydrocannabinol created | ||||||
8 | through isomerization. | ||||||
9 | (c) Hemp cannabinoid products shall not be sold within | ||||||
10 | this State if hemp cannabinoid, THC, or other contaminants are | ||||||
11 | detected at levels greater than provided for by this Act or | ||||||
12 | rules or guidance adopted by the Department. | ||||||
13 | (d) Hemp cannabinoid products shall be considered | ||||||
14 | adulterated and shall not be sold within this State if there is | ||||||
15 | the presence of synthetic cannabinoids, artificially derived | ||||||
16 | cannabinoids, or cannabinoids created through isomerization, | ||||||
17 | including tetrahydrocannabinol created through isomerization. | ||||||
18 | (e) The Department may impose additional testing | ||||||
19 | requirements, including, but not limited to, testing for | ||||||
20 | additional analytes, setting stricter analyte, and mandating | ||||||
21 | the use of specific sampling methodologies per lot, analyte | ||||||
22 | per process, or batch manufactured. | ||||||
23 | (f) The Department shall make available a list of required | ||||||
24 | analytes, their acceptable limits, and approved testing | ||||||
25 | methods on the Department's website and in any other manner as | ||||||
26 | determined by the Department. |
| |||||||
| |||||||
1 | (g) The total tetrahydrocannabinol concentration for hemp | ||||||
2 | consumer CBD products shall not exceed the limits established | ||||||
3 | in this Act. | ||||||
4 | (h) If a hemp consumer CBD product fails testing, the | ||||||
5 | processor may elect to reformulate the failing batch to reduce | ||||||
6 | the total tetrahydrocannabinol of the batch to comply with the | ||||||
7 | THC limits established by this Act. If the reformulated batch | ||||||
8 | still exceeds the THC limits, the processor shall destroy the | ||||||
9 | batch. | ||||||
10 | (i) If a hemp consumer CBD product is found to contain | ||||||
11 | levels of any pathogen, toxicant, residual solvent, metal, or | ||||||
12 | pesticide not enumerated in this Section or by other State | ||||||
13 | law, then the product may not be sold in this State. | ||||||
14 | Section 45. Advertising requirements. An advertisement for | ||||||
15 | a hemp consumer CBD product shall not: | ||||||
16 | (1) include any false or misleading statements, | ||||||
17 | images, or other content, including, but not limited to, | ||||||
18 | any health claims; | ||||||
19 | (2) contain claims that hemp consumption or a hemp | ||||||
20 | consumer CBD product can, or is intended to, diagnose, | ||||||
21 | cure, mitigate, treat, or prevent disease; | ||||||
22 | (3) lead a reasonable consumer to believe that a hemp | ||||||
23 | consumer CBD product is cannabis or medical cannabis, | ||||||
24 | including any product that exceeds the THC limits | ||||||
25 | established under this Act for lawful hemp consumer CBD |
| |||||||
| |||||||
1 | products, or that a licensee is authorized to sell or | ||||||
2 | dispense cannabis or medical cannabis; or | ||||||
3 | (4) have the purpose or effect of targeting or being | ||||||
4 | attractive to individuals under 21 years of age. The use | ||||||
5 | of images of children or minors consuming hemp consumer | ||||||
6 | CBD products and the use of words, designs, or brands that | ||||||
7 | resemble products commonly associated with children, | ||||||
8 | minors, or marketed to children or minors, is prohibited. | ||||||
9 | Section 50. Sale of hemp-derived products to cannabis | ||||||
10 | business establishments. | ||||||
11 | (a) A hemp product manufacturer may sell final | ||||||
12 | hemp-derived intoxicating products to a craft grower and | ||||||
13 | infuser organization licensed under the Cannabis Regulation | ||||||
14 | and Tax Act to be sold as a cannabis-infused product to a | ||||||
15 | dispensing organization. | ||||||
16 | (b) A hemp-derived intoxicating product may contain up to | ||||||
17 | 5 milligrams per serving and 10 milligrams per package of | ||||||
18 | delta-9-tetrahydrocannabinol. A hemp-derived intoxicating | ||||||
19 | product may not contain any other form of THC except | ||||||
20 | delta-9-tetrahydrocannabinol. | ||||||
21 | (c) A hemp-derived intoxicating product received by a | ||||||
22 | craft grower or infuser must comply with all requirements of | ||||||
23 | the Cannabis Regulation and Tax Act before sale to a | ||||||
24 | dispensing organization. | ||||||
25 | (d) The sale of hemp-derived intoxicating product to |
| |||||||
| |||||||
1 | cannabis business establishments shall be subject to any | ||||||
2 | requirements and prohibitions set by administrative rule by | ||||||
3 | the Department. | ||||||
4 | (e) A hemp-derived intoxicating product, in addition to | ||||||
5 | meeting any label requirement of the Cannabis Regulation and | ||||||
6 | Tax Act, must indicate on the label that the product was | ||||||
7 | derived from hemp. | ||||||
8 | Section 55. License suspension; revocation; other | ||||||
9 | penalties. | ||||||
10 | (a) Notwithstanding any other criminal penalties related | ||||||
11 | to the unlawful possession of cannabis, the Department may | ||||||
12 | revoke, suspend, place on probation, reprimand, issue cease | ||||||
13 | and desist orders, refuse to issue or renew a license, or take | ||||||
14 | any other disciplinary or nondisciplinary action as the | ||||||
15 | Department may deem proper with regard to a hemp consumer | ||||||
16 | product manufacturer, including fines not to exceed $15,000 | ||||||
17 | for each violation of this Act or rules adopted under this Act. | ||||||
18 | (b) The Department shall consider licensee cooperation in | ||||||
19 | any agency or other investigation in its determination of | ||||||
20 | penalties imposed under this Section. | ||||||
21 | (c) The procedures for disciplining a hemp consumer | ||||||
22 | product manufacturer and for administrative hearings shall be | ||||||
23 | determined by rule, and shall provide for the review of final | ||||||
24 | decisions under the Administrative Review Law. |
| |||||||
| |||||||
1 | Section 60. Administration and enforcement; rules; | ||||||
2 | inspections. | ||||||
3 | (a) The Department shall administer and enforce this Act | ||||||
4 | and may adopt rules under the Illinois Administrative | ||||||
5 | Procedure Act for the purpose of administering and enforcing | ||||||
6 | this Act. | ||||||
7 | (b) The Department shall update, through official guidance | ||||||
8 | and publish publicly on its website, the cannabinoids that it | ||||||
9 | deems tetrahydrocannabinol or THC on or before January 1 and | ||||||
10 | July 1 of each calendar year. | ||||||
11 | (c) The Department may develop rules setting forth | ||||||
12 | labeling, packaging, and minimum testing requirements of | ||||||
13 | cannabinoid products. | ||||||
14 | (d) The Department of Public Health, local health | ||||||
15 | departments, the Illinois State Police, local sheriff's | ||||||
16 | departments, municipal police departments, and the Department | ||||||
17 | of Revenue may inspect any business that manufactures, | ||||||
18 | processes, or offers for sale cannabinoid products in the | ||||||
19 | State if a formal complaint is registered with the appropriate | ||||||
20 | agency in order to ensure compliance with this Act. The | ||||||
21 | Department may inspect any business that manufactures, | ||||||
22 | processes, or offers for sale cannabinoid products in the | ||||||
23 | State to ensure compliance with this Act. The Department may | ||||||
24 | enter into intergovernmental agreements to enforce this Act | ||||||
25 | and any rules adopted under this Act. |
| |||||||
| |||||||
1 | Section 70. Temporary restraining order or injunction. The | ||||||
2 | Director, through the Attorney General or any unit of local | ||||||
3 | government, may file a complaint and apply to the circuit | ||||||
4 | court for, and the court upon hearing and for cause shown may | ||||||
5 | grant, a temporary restraining order or a preliminary or | ||||||
6 | permanent injunction restraining any person from violating | ||||||
7 | this Act. | ||||||
8 | Section 805. The Illinois Procurement Code is amended by | ||||||
9 | changing Section 1-10 as follows: | ||||||
10 | (30 ILCS 500/1-10) | ||||||
11 | Sec. 1-10. Application. | ||||||
12 | (a) This Code applies only to procurements for which | ||||||
13 | bidders, offerors, potential contractors, or contractors were | ||||||
14 | first solicited on or after July 1, 1998. This Code shall not | ||||||
15 | be construed to affect or impair any contract, or any | ||||||
16 | provision of a contract, entered into based on a solicitation | ||||||
17 | prior to the implementation date of this Code as described in | ||||||
18 | Article 99, including, but not limited to, any covenant | ||||||
19 | entered into with respect to any revenue bonds or similar | ||||||
20 | instruments. All procurements for which contracts are | ||||||
21 | solicited between the effective date of Articles 50 and 99 and | ||||||
22 | July 1, 1998 shall be substantially in accordance with this | ||||||
23 | Code and its intent. | ||||||
24 | (b) This Code shall apply regardless of the source of the |
| |||||||
| |||||||
1 | funds with which the contracts are paid, including federal | ||||||
2 | assistance moneys. This Code shall not apply to: | ||||||
3 | (1) Contracts between the State and its political | ||||||
4 | subdivisions or other governments, or between State | ||||||
5 | governmental bodies, except as specifically provided in | ||||||
6 | this Code. | ||||||
7 | (2) Grants, except for the filing requirements of | ||||||
8 | Section 20-80. | ||||||
9 | (3) Purchase of care, except as provided in Section | ||||||
10 | 5-30.6 of the Illinois Public Aid Code and this Section. | ||||||
11 | (4) Hiring of an individual as an employee and not as | ||||||
12 | an independent contractor, whether pursuant to an | ||||||
13 | employment code or policy or by contract directly with | ||||||
14 | that individual. | ||||||
15 | (5) Collective bargaining contracts. | ||||||
16 | (6) Purchase of real estate, except that notice of | ||||||
17 | this type of contract with a value of more than $25,000 | ||||||
18 | must be published in the Procurement Bulletin within 10 | ||||||
19 | calendar days after the deed is recorded in the county of | ||||||
20 | jurisdiction. The notice shall identify the real estate | ||||||
21 | purchased, the names of all parties to the contract, the | ||||||
22 | value of the contract, and the effective date of the | ||||||
23 | contract. | ||||||
24 | (7) Contracts necessary to prepare for anticipated | ||||||
25 | litigation, enforcement actions, or investigations, | ||||||
26 | provided that the chief legal counsel to the Governor |
| |||||||
| |||||||
1 | shall give his or her prior approval when the procuring | ||||||
2 | agency is one subject to the jurisdiction of the Governor, | ||||||
3 | and provided that the chief legal counsel of any other | ||||||
4 | procuring entity subject to this Code shall give his or | ||||||
5 | her prior approval when the procuring entity is not one | ||||||
6 | subject to the jurisdiction of the Governor. | ||||||
7 | (8) (Blank). | ||||||
8 | (9) Procurement expenditures by the Illinois | ||||||
9 | Conservation Foundation when only private funds are used. | ||||||
10 | (10) (Blank). | ||||||
11 | (11) Public-private agreements entered into according | ||||||
12 | to the procurement requirements of Section 20 of the | ||||||
13 | Public-Private Partnerships for Transportation Act and | ||||||
14 | design-build agreements entered into according to the | ||||||
15 | procurement requirements of Section 25 of the | ||||||
16 | Public-Private Partnerships for Transportation Act. | ||||||
17 | (12) (A) Contracts for legal, financial, and other | ||||||
18 | professional and artistic services entered into by the | ||||||
19 | Illinois Finance Authority in which the State of Illinois | ||||||
20 | is not obligated. Such contracts shall be awarded through | ||||||
21 | a competitive process authorized by the members of the | ||||||
22 | Illinois Finance Authority and are subject to Sections | ||||||
23 | 5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code, | ||||||
24 | as well as the final approval by the members of the | ||||||
25 | Illinois Finance Authority of the terms of the contract. | ||||||
26 | (B) Contracts for legal and financial services entered |
| |||||||
| |||||||
1 | into by the Illinois Housing Development Authority in | ||||||
2 | connection with the issuance of bonds in which the State | ||||||
3 | of Illinois is not obligated. Such contracts shall be | ||||||
4 | awarded through a competitive process authorized by the | ||||||
5 | members of the Illinois Housing Development Authority and | ||||||
6 | are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35, | ||||||
7 | and 50-37 of this Code, as well as the final approval by | ||||||
8 | the members of the Illinois Housing Development Authority | ||||||
9 | of the terms of the contract. | ||||||
10 | (13) Contracts for services, commodities, and | ||||||
11 | equipment to support the delivery of timely forensic | ||||||
12 | science services in consultation with and subject to the | ||||||
13 | approval of the Chief Procurement Officer as provided in | ||||||
14 | subsection (d) of Section 5-4-3a of the Unified Code of | ||||||
15 | Corrections, except for the requirements of Sections | ||||||
16 | 20-60, 20-65, 20-70, and 20-160 and Article 50 of this | ||||||
17 | Code; however, the Chief Procurement Officer may, in | ||||||
18 | writing with justification, waive any certification | ||||||
19 | required under Article 50 of this Code. For any contracts | ||||||
20 | for services which are currently provided by members of a | ||||||
21 | collective bargaining agreement, the applicable terms of | ||||||
22 | the collective bargaining agreement concerning | ||||||
23 | subcontracting shall be followed. | ||||||
24 | On and after January 1, 2019, this paragraph (13), | ||||||
25 | except for this sentence, is inoperative. | ||||||
26 | (14) Contracts for participation expenditures required |
| |||||||
| |||||||
1 | by a domestic or international trade show or exhibition of | ||||||
2 | an exhibitor, member, or sponsor. | ||||||
3 | (15) Contracts with a railroad or utility that | ||||||
4 | requires the State to reimburse the railroad or utilities | ||||||
5 | for the relocation of utilities for construction or other | ||||||
6 | public purpose. Contracts included within this paragraph | ||||||
7 | (15) shall include, but not be limited to, those | ||||||
8 | associated with: relocations, crossings, installations, | ||||||
9 | and maintenance. For the purposes of this paragraph (15), | ||||||
10 | "railroad" means any form of non-highway ground | ||||||
11 | transportation that runs on rails or electromagnetic | ||||||
12 | guideways and "utility" means: (1) public utilities as | ||||||
13 | defined in Section 3-105 of the Public Utilities Act, (2) | ||||||
14 | telecommunications carriers as defined in Section 13-202 | ||||||
15 | of the Public Utilities Act, (3) electric cooperatives as | ||||||
16 | defined in Section 3.4 of the Electric Supplier Act, (4) | ||||||
17 | telephone or telecommunications cooperatives as defined in | ||||||
18 | Section 13-212 of the Public Utilities Act, (5) rural | ||||||
19 | water or waste water systems with 10,000 connections or | ||||||
20 | less, (6) a holder as defined in Section 21-201 of the | ||||||
21 | Public Utilities Act, and (7) municipalities owning or | ||||||
22 | operating utility systems consisting of public utilities | ||||||
23 | as that term is defined in Section 11-117-2 of the | ||||||
24 | Illinois Municipal Code. | ||||||
25 | (16) Procurement expenditures necessary for the | ||||||
26 | Department of Public Health to provide the delivery of |
| |||||||
| |||||||
1 | timely newborn screening services in accordance with the | ||||||
2 | Newborn Metabolic Screening Act. | ||||||
3 | (17) Procurement expenditures necessary for the | ||||||
4 | Department of Agriculture, the Department of Financial and | ||||||
5 | Professional Regulation, the Department of Human Services, | ||||||
6 | and the Department of Public Health to implement the | ||||||
7 | Compassionate Use of Medical Cannabis Program and Opioid | ||||||
8 | Alternative Pilot Program requirements and ensure access | ||||||
9 | to medical cannabis for patients with debilitating medical | ||||||
10 | conditions in accordance with the Compassionate Use of | ||||||
11 | Medical Cannabis Program Act. | ||||||
12 | (18) This Code does not apply to any procurements | ||||||
13 | necessary for the Department of Agriculture or , the | ||||||
14 | Department of Financial and Professional Regulation , the | ||||||
15 | Department of Human Services, the Department of Commerce | ||||||
16 | and Economic Opportunity, and the Department of Public | ||||||
17 | Health to implement the Cannabis Regulation and Tax Act | ||||||
18 | and for the Department of Agriculture to implement the | ||||||
19 | Hemp Consumer Products Act, if the applicable agency has | ||||||
20 | made a good faith determination that it is necessary and | ||||||
21 | appropriate for the expenditure to fall within this | ||||||
22 | exemption and if the process is conducted in a manner | ||||||
23 | substantially in accordance with the requirements of | ||||||
24 | Sections 20-160, 25-60, 30-22, 50-5, 50-10, 50-10.5, | ||||||
25 | 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, 50-36, 50-37, | ||||||
26 | 50-38, and 50-50 of this Code; however, for Section 50-35, |
| |||||||
| |||||||
1 | compliance applies only to contracts or subcontracts over | ||||||
2 | $100,000. Notice of each contract entered into under this | ||||||
3 | paragraph (18) that is related to the procurement of goods | ||||||
4 | and services identified in paragraph (1) through (9) of | ||||||
5 | this subsection shall be published in the Procurement | ||||||
6 | Bulletin within 14 calendar days after contract execution. | ||||||
7 | The Chief Procurement Officer shall prescribe the form and | ||||||
8 | content of the notice. Each agency shall provide the Chief | ||||||
9 | Procurement Officer, on a monthly basis, in the form and | ||||||
10 | content prescribed by the Chief Procurement Officer, a | ||||||
11 | report of contracts that are related to the procurement of | ||||||
12 | goods and services identified in this subsection. At a | ||||||
13 | minimum, this report shall include the name of the | ||||||
14 | contractor, a description of the supply or service | ||||||
15 | provided, the total amount of the contract, the term of | ||||||
16 | the contract, and the exception to this Code utilized. A | ||||||
17 | copy of any or all of these contracts shall be made | ||||||
18 | available to the Chief Procurement Officer immediately | ||||||
19 | upon request. The Chief Procurement Officer shall submit a | ||||||
20 | report to the Governor and General Assembly no later than | ||||||
21 | November 1 of each year that includes, at a minimum, an | ||||||
22 | annual summary of the monthly information reported to the | ||||||
23 | Chief Procurement Officer. This exemption becomes | ||||||
24 | inoperative 7 5 years after June 25, 2019 (the effective | ||||||
25 | date of Public Act 101-27). | ||||||
26 | (19) Acquisition of modifications or adjustments, |
| |||||||
| |||||||
1 | limited to assistive technology devices and assistive | ||||||
2 | technology services, adaptive equipment, repairs, and | ||||||
3 | replacement parts to provide reasonable accommodations (i) | ||||||
4 | that enable a qualified applicant with a disability to | ||||||
5 | complete the job application process and be considered for | ||||||
6 | the position such qualified applicant desires, (ii) that | ||||||
7 | modify or adjust the work environment to enable a | ||||||
8 | qualified current employee with a disability to perform | ||||||
9 | the essential functions of the position held by that | ||||||
10 | employee, (iii) to enable a qualified current employee | ||||||
11 | with a disability to enjoy equal benefits and privileges | ||||||
12 | of employment as are enjoyed by other similarly situated | ||||||
13 | employees without disabilities, and (iv) that allow a | ||||||
14 | customer, client, claimant, or member of the public | ||||||
15 | seeking State services full use and enjoyment of and | ||||||
16 | access to its programs, services, or benefits. | ||||||
17 | For purposes of this paragraph (19): | ||||||
18 | "Assistive technology devices" means any item, piece | ||||||
19 | of equipment, or product system, whether acquired | ||||||
20 | commercially off the shelf, modified, or customized, that | ||||||
21 | is used to increase, maintain, or improve functional | ||||||
22 | capabilities of individuals with disabilities. | ||||||
23 | "Assistive technology services" means any service that | ||||||
24 | directly assists an individual with a disability in | ||||||
25 | selection, acquisition, or use of an assistive technology | ||||||
26 | device. |
| |||||||
| |||||||
1 | "Qualified" has the same meaning and use as provided | ||||||
2 | under the federal Americans with Disabilities Act when | ||||||
3 | describing an individual with a disability. | ||||||
4 | (20) Procurement expenditures necessary for the | ||||||
5 | Illinois Commerce Commission to hire third-party | ||||||
6 | facilitators pursuant to Sections 16-105.17 and 16-108.18 | ||||||
7 | of the Public Utilities Act or an ombudsman pursuant to | ||||||
8 | Section 16-107.5 of the Public Utilities Act, a | ||||||
9 | facilitator pursuant to Section 16-105.17 of the Public | ||||||
10 | Utilities Act, or a grid auditor pursuant to Section | ||||||
11 | 16-105.10 of the Public Utilities Act. | ||||||
12 | (21) Procurement expenditures for the purchase, | ||||||
13 | renewal, and expansion of software, software licenses, or | ||||||
14 | software maintenance agreements that support the efforts | ||||||
15 | of the Illinois State Police to enforce, regulate, and | ||||||
16 | administer the Firearm Owners Identification Card Act, the | ||||||
17 | Firearm Concealed Carry Act, the Firearms Restraining | ||||||
18 | Order Act, the Firearm Dealer License Certification Act, | ||||||
19 | the Law Enforcement Agencies Data System (LEADS), the | ||||||
20 | Uniform Crime Reporting Act, the Criminal Identification | ||||||
21 | Act, the Illinois Uniform Conviction Information Act, and | ||||||
22 | the Gun Trafficking Information Act, or establish or | ||||||
23 | maintain record management systems necessary to conduct | ||||||
24 | human trafficking investigations or gun trafficking or | ||||||
25 | other stolen firearm investigations. This paragraph (21) | ||||||
26 | applies to contracts entered into on or after January 10, |
| |||||||
| |||||||
1 | 2023 (the effective date of Public Act 102-1116) and the | ||||||
2 | renewal of contracts that are in effect on January 10, | ||||||
3 | 2023 (the effective date of Public Act 102-1116). | ||||||
4 | (22) Contracts for project management services and | ||||||
5 | system integration services required for the completion of | ||||||
6 | the State's enterprise resource planning project. This | ||||||
7 | exemption becomes inoperative 5 years after June 7, 2023 | ||||||
8 | (the effective date of the changes made to this Section by | ||||||
9 | Public Act 103-8). This paragraph (22) applies to | ||||||
10 | contracts entered into on or after June 7, 2023 (the | ||||||
11 | effective date of the changes made to this Section by | ||||||
12 | Public Act 103-8) and the renewal of contracts that are in | ||||||
13 | effect on June 7, 2023 (the effective date of the changes | ||||||
14 | made to this Section by Public Act 103-8). | ||||||
15 | (23) Procurements necessary for the Department of | ||||||
16 | Insurance to implement the Illinois Health Benefits | ||||||
17 | Exchange Law if the Department of Insurance has made a | ||||||
18 | good faith determination that it is necessary and | ||||||
19 | appropriate for the expenditure to fall within this | ||||||
20 | exemption. The procurement process shall be conducted in a | ||||||
21 | manner substantially in accordance with the requirements | ||||||
22 | of Sections 20-160 and 25-60 and Article 50 of this Code. A | ||||||
23 | copy of these contracts shall be made available to the | ||||||
24 | Chief Procurement Officer immediately upon request. This | ||||||
25 | paragraph is inoperative 5 years after June 27, 2023 (the | ||||||
26 | effective date of Public Act 103-103). |
| |||||||
| |||||||
1 | (24) Contracts for public education programming, | ||||||
2 | noncommercial sustaining announcements, public service | ||||||
3 | announcements, and public awareness and education | ||||||
4 | messaging with the nonprofit trade associations of the | ||||||
5 | providers of those services that inform the public on | ||||||
6 | immediate and ongoing health and safety risks and hazards. | ||||||
7 | (25) Procurements necessary for the Department of | ||||||
8 | Early Childhood to implement the Department of Early | ||||||
9 | Childhood Act if the Department has made a good faith | ||||||
10 | determination that it is necessary and appropriate for the | ||||||
11 | expenditure to fall within this exemption. This exemption | ||||||
12 | shall only be used for products and services procured | ||||||
13 | solely for use by the Department of Early Childhood. The | ||||||
14 | procurements may include those necessary to design and | ||||||
15 | build integrated, operational systems of programs and | ||||||
16 | services. The procurements may include, but are not | ||||||
17 | limited to, those necessary to align and update program | ||||||
18 | standards, integrate funding systems, design and establish | ||||||
19 | data and reporting systems, align and update models for | ||||||
20 | technical assistance and professional development, design | ||||||
21 | systems to manage grants and ensure compliance, design and | ||||||
22 | implement management and operational structures, and | ||||||
23 | establish new means of engaging with families, educators, | ||||||
24 | providers, and stakeholders. The procurement processes | ||||||
25 | shall be conducted in a manner substantially in accordance | ||||||
26 | with the requirements of Article 50 (ethics) and Sections |
| |||||||
| |||||||
1 | 5-5 (Procurement Policy Board), 5-7 (Commission on Equity | ||||||
2 | and Inclusion), 20-80 (contract files), 20-120 | ||||||
3 | (subcontractors), 20-155 (paperwork), 20-160 | ||||||
4 | (ethics/campaign contribution prohibitions), 25-60 | ||||||
5 | (prevailing wage), and 25-90 (prohibited and authorized | ||||||
6 | cybersecurity) of this Code. Beginning January 1, 2025, | ||||||
7 | the Department of Early Childhood shall provide a | ||||||
8 | quarterly report to the General Assembly detailing a list | ||||||
9 | of expenditures and contracts for which the Department | ||||||
10 | uses this exemption. This paragraph is inoperative on and | ||||||
11 | after July 1, 2027. | ||||||
12 | (26) (25) Procurements that are necessary for | ||||||
13 | increasing the recruitment and retention of State | ||||||
14 | employees, particularly minority candidates for | ||||||
15 | employment, including: | ||||||
16 | (A) procurements related to registration fees for | ||||||
17 | job fairs and other outreach and recruitment events; | ||||||
18 | (B) production of recruitment materials; and | ||||||
19 | (C) other services related to recruitment and | ||||||
20 | retention of State employees. | ||||||
21 | The exemption under this paragraph (26) (25) applies | ||||||
22 | only if the State agency has made a good faith | ||||||
23 | determination that it is necessary and appropriate for the | ||||||
24 | expenditure to fall within this paragraph (26) (25) . The | ||||||
25 | procurement process under this paragraph (26) (25) shall | ||||||
26 | be conducted in a manner substantially in accordance with |
| |||||||
| |||||||
1 | the requirements of Sections 20-160 and 25-60 and Article | ||||||
2 | 50 of this Code. A copy of these contracts shall be made | ||||||
3 | available to the Chief Procurement Officer immediately | ||||||
4 | upon request. Nothing in this paragraph (26) (25) | ||||||
5 | authorizes the replacement or diminishment of State | ||||||
6 | responsibilities in hiring or the positions that | ||||||
7 | effectuate that hiring. This paragraph (26) (25) is | ||||||
8 | inoperative on and after June 30, 2029. | ||||||
9 | Notwithstanding any other provision of law, for contracts | ||||||
10 | with an annual value of more than $100,000 entered into on or | ||||||
11 | after October 1, 2017 under an exemption provided in any | ||||||
12 | paragraph of this subsection (b), except paragraph (1), (2), | ||||||
13 | or (5), each State agency shall post to the appropriate | ||||||
14 | procurement bulletin the name of the contractor, a description | ||||||
15 | of the supply or service provided, the total amount of the | ||||||
16 | contract, the term of the contract, and the exception to the | ||||||
17 | Code utilized. The chief procurement officer shall submit a | ||||||
18 | report to the Governor and General Assembly no later than | ||||||
19 | November 1 of each year that shall include, at a minimum, an | ||||||
20 | annual summary of the monthly information reported to the | ||||||
21 | chief procurement officer. | ||||||
22 | (c) This Code does not apply to the electric power | ||||||
23 | procurement process provided for under Section 1-75 of the | ||||||
24 | Illinois Power Agency Act and Section 16-111.5 of the Public | ||||||
25 | Utilities Act. This Code does not apply to the procurement of | ||||||
26 | technical and policy experts pursuant to Section 1-129 of the |
| |||||||
| |||||||
1 | Illinois Power Agency Act. | ||||||
2 | (d) Except for Section 20-160 and Article 50 of this Code, | ||||||
3 | and as expressly required by Section 9.1 of the Illinois | ||||||
4 | Lottery Law, the provisions of this Code do not apply to the | ||||||
5 | procurement process provided for under Section 9.1 of the | ||||||
6 | Illinois Lottery Law. | ||||||
7 | (e) This Code does not apply to the process used by the | ||||||
8 | Capital Development Board to retain a person or entity to | ||||||
9 | assist the Capital Development Board with its duties related | ||||||
10 | to the determination of costs of a clean coal SNG brownfield | ||||||
11 | facility, as defined by Section 1-10 of the Illinois Power | ||||||
12 | Agency Act, as required in subsection (h-3) of Section 9-220 | ||||||
13 | of the Public Utilities Act, including calculating the range | ||||||
14 | of capital costs, the range of operating and maintenance | ||||||
15 | costs, or the sequestration costs or monitoring the | ||||||
16 | construction of clean coal SNG brownfield facility for the | ||||||
17 | full duration of construction. | ||||||
18 | (f) (Blank). | ||||||
19 | (g) (Blank). | ||||||
20 | (h) This Code does not apply to the process to procure or | ||||||
21 | contracts entered into in accordance with Sections 11-5.2 and | ||||||
22 | 11-5.3 of the Illinois Public Aid Code. | ||||||
23 | (i) Each chief procurement officer may access records | ||||||
24 | necessary to review whether a contract, purchase, or other | ||||||
25 | expenditure is or is not subject to the provisions of this | ||||||
26 | Code, unless such records would be subject to attorney-client |
| |||||||
| |||||||
1 | privilege. | ||||||
2 | (j) This Code does not apply to the process used by the | ||||||
3 | Capital Development Board to retain an artist or work or works | ||||||
4 | of art as required in Section 14 of the Capital Development | ||||||
5 | Board Act. | ||||||
6 | (k) This Code does not apply to the process to procure | ||||||
7 | contracts, or contracts entered into, by the State Board of | ||||||
8 | Elections or the State Electoral Board for hearing officers | ||||||
9 | appointed pursuant to the Election Code. | ||||||
10 | (l) This Code does not apply to the processes used by the | ||||||
11 | Illinois Student Assistance Commission to procure supplies and | ||||||
12 | services paid for from the private funds of the Illinois | ||||||
13 | Prepaid Tuition Fund. As used in this subsection (l), "private | ||||||
14 | funds" means funds derived from deposits paid into the | ||||||
15 | Illinois Prepaid Tuition Trust Fund and the earnings thereon. | ||||||
16 | (m) This Code shall apply regardless of the source of | ||||||
17 | funds with which contracts are paid, including federal | ||||||
18 | assistance moneys. Except as specifically provided in this | ||||||
19 | Code, this Code shall not apply to procurement expenditures | ||||||
20 | necessary for the Department of Public Health to conduct the | ||||||
21 | Healthy Illinois Survey in accordance with Section 2310-431 of | ||||||
22 | the Department of Public Health Powers and Duties Law of the | ||||||
23 | Civil Administrative Code of Illinois. | ||||||
24 | (Source: P.A. 102-175, eff. 7-29-21; 102-483, eff 1-1-22; | ||||||
25 | 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, eff. | ||||||
26 | 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22; |
| |||||||
| |||||||
1 | 102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-103, eff. | ||||||
2 | 6-27-23; 103-570, eff. 1-1-24; 103-580, eff. 12-8-23; 103-594, | ||||||
3 | eff. 6-25-24; 103-605, eff. 7-1-24; 103-865, eff. 1-1-25; | ||||||
4 | revised 11-26-24.) | ||||||
5 | Section 810. The State Finance Act is amended by changing | ||||||
6 | Section 6z-112 as follows: | ||||||
7 | (30 ILCS 105/6z-112) | ||||||
8 | Sec. 6z-112. The Cannabis Regulation Fund. | ||||||
9 | (a) There is created the Cannabis Regulation Fund in the | ||||||
10 | State treasury, subject to appropriations unless otherwise | ||||||
11 | provided in this Section. All moneys collected under the | ||||||
12 | Cannabis Regulation and Tax Act shall be deposited into the | ||||||
13 | Cannabis Regulation Fund, consisting of taxes, license fees, | ||||||
14 | other fees, and any other amounts required to be deposited or | ||||||
15 | transferred into the Fund. | ||||||
16 | (b) Whenever the Department of Revenue determines that a | ||||||
17 | refund should be made under the Cannabis Regulation and Tax | ||||||
18 | Act to a claimant, the Department of Revenue shall submit a | ||||||
19 | voucher for payment to the State Comptroller, who shall cause | ||||||
20 | the order to be drawn for the amount specified and to the | ||||||
21 | person named in the notification from the Department of | ||||||
22 | Revenue. This subsection (b) shall constitute an irrevocable | ||||||
23 | and continuing appropriation of all amounts necessary for the | ||||||
24 | payment of refunds out of the Fund as authorized under this |
| |||||||
| |||||||
1 | subsection (b). | ||||||
2 | (c) On or before the 25th day of each calendar month, the | ||||||
3 | Department of Revenue shall prepare and certify to the State | ||||||
4 | Comptroller the transfer and allocations of stated sums of | ||||||
5 | money from the Cannabis Regulation Fund to other named funds | ||||||
6 | in the State treasury. The amount subject to transfer shall be | ||||||
7 | the amount of the taxes, license fees, other fees, and any | ||||||
8 | other amounts paid into the Fund during the second preceding | ||||||
9 | calendar month, minus the refunds made under subsection (b) | ||||||
10 | during the second preceding calendar month by the Department. | ||||||
11 | The transfers shall be certified as follows: | ||||||
12 | (1) The Department of Revenue shall first determine | ||||||
13 | the allocations which shall remain in the Cannabis | ||||||
14 | Regulation Fund, subject to appropriations, to pay for the | ||||||
15 | direct and indirect costs associated with the | ||||||
16 | implementation, administration, and enforcement of the | ||||||
17 | Cannabis Regulation and Tax Act by the Department of | ||||||
18 | Revenue, the Department of State Police, the Department of | ||||||
19 | Financial and Professional Regulation, the Department of | ||||||
20 | Agriculture, the Department of Public Health, the | ||||||
21 | Department of Commerce and Economic Opportunity, and the | ||||||
22 | Illinois Criminal Justice Information Authority , and the | ||||||
23 | Hemp Consumer Products Act by the Department of | ||||||
24 | Agriculture . | ||||||
25 | (2) After the allocations have been made as provided | ||||||
26 | in paragraph (1) of this subsection (c), of the remainder |
| |||||||
| |||||||
1 | of the amount subject to transfer for the month as | ||||||
2 | determined in this subsection (c), the Department shall | ||||||
3 | certify the transfer into the Cannabis Expungement Fund | ||||||
4 | 1/12 of the fiscal year amount appropriated from the | ||||||
5 | Cannabis Expungement Fund for payment of costs incurred by | ||||||
6 | State courts, the Attorney General, State's Attorneys, | ||||||
7 | civil legal aid, as defined by Section 15 of the Public | ||||||
8 | Interest Attorney Assistance Act, and the Department of | ||||||
9 | State Police to facilitate petitions for expungement of | ||||||
10 | Minor Cannabis Offenses pursuant to Public Act 101-27, as | ||||||
11 | adjusted by any supplemental appropriation, plus | ||||||
12 | cumulative deficiencies in such transfers for prior | ||||||
13 | months. | ||||||
14 | (3) After the allocations have been made as provided | ||||||
15 | in paragraphs (1) and (2) of this subsection (c), the | ||||||
16 | Department of Revenue shall certify to the State | ||||||
17 | Comptroller and the State Treasurer shall transfer the | ||||||
18 | amounts that the Department of Revenue determines shall be | ||||||
19 | transferred into the following named funds according to | ||||||
20 | the following: | ||||||
21 | (A) 2% shall be transferred to the Drug Treatment | ||||||
22 | Fund to be used by the Department of Human Services | ||||||
23 | for: (i) developing and administering a scientifically | ||||||
24 | and medically accurate public education campaign | ||||||
25 | educating youth and adults about the health and safety | ||||||
26 | risks of alcohol, tobacco, illegal drug use (including |
| |||||||
| |||||||
1 | prescription drugs), and cannabis, including use by | ||||||
2 | pregnant women; and (ii) data collection and analysis | ||||||
3 | of the public health impacts of legalizing the | ||||||
4 | recreational use of cannabis. Expenditures for these | ||||||
5 | purposes shall be subject to appropriations. | ||||||
6 | (B) 8% shall be transferred to the Local | ||||||
7 | Government Distributive Fund and allocated as provided | ||||||
8 | in Section 2 of the State Revenue Sharing Act. The | ||||||
9 | moneys shall be used to fund crime prevention | ||||||
10 | programs, training, and interdiction efforts, | ||||||
11 | including detection, enforcement, and prevention | ||||||
12 | efforts, relating to the illegal cannabis market and | ||||||
13 | driving under the influence of cannabis. | ||||||
14 | (C) 25% shall be transferred to the Criminal | ||||||
15 | Justice Information Projects Fund to be used for the | ||||||
16 | purposes of the Restore, Reinvest, and Renew Program | ||||||
17 | to address economic development, violence prevention | ||||||
18 | services, re-entry services, youth development, and | ||||||
19 | civil legal aid, as defined by Section 15 of the Public | ||||||
20 | Interest Attorney Assistance Act. The Restore, | ||||||
21 | Reinvest, and Renew Program shall address these issues | ||||||
22 | through targeted investments and intervention programs | ||||||
23 | and promotion of an employment infrastructure and | ||||||
24 | capacity building related to the social determinants | ||||||
25 | of health in impacted community areas. Expenditures | ||||||
26 | for these purposes shall be subject to appropriations. |
| |||||||
| |||||||
1 | (D) 20% shall be transferred to the Department of | ||||||
2 | Human Services Community Services Fund, to be used to | ||||||
3 | address substance abuse and prevention and mental | ||||||
4 | health concerns, including treatment, education, and | ||||||
5 | prevention to address the negative impacts of | ||||||
6 | substance abuse and mental health issues, including | ||||||
7 | concentrated poverty, violence, and the historical | ||||||
8 | overuse of criminal justice responses in certain | ||||||
9 | communities, on the individual, family, and community, | ||||||
10 | including federal, State, and local governments, | ||||||
11 | health care institutions and providers, and | ||||||
12 | correctional facilities. Expenditures for these | ||||||
13 | purposes shall be subject to appropriations. | ||||||
14 | (E) 10% shall be transferred to the Budget | ||||||
15 | Stabilization Fund. | ||||||
16 | (F) 35%, or any remaining balance, shall be | ||||||
17 | transferred to the General Revenue Fund. | ||||||
18 | As soon as may be practical, but no later than 10 days | ||||||
19 | after receipt, by the State Comptroller of the transfer | ||||||
20 | certification provided for in this subsection (c) to be given | ||||||
21 | to the State Comptroller by the Department of Revenue, the | ||||||
22 | State Comptroller shall direct and the State Treasurer shall | ||||||
23 | transfer the respective amounts in accordance with the | ||||||
24 | directions contained in such certification. | ||||||
25 | (d) On July 1, 2019 the Department of Revenue shall | ||||||
26 | certify to the State Comptroller and the State Treasurer shall |
| |||||||
| |||||||
1 | transfer $5,000,000 from the Compassionate Use of Medical | ||||||
2 | Cannabis Fund to the Cannabis Regulation Fund. | ||||||
3 | (e) Notwithstanding any other law to the contrary and | ||||||
4 | except as otherwise provided in this Section, this Fund is not | ||||||
5 | subject to sweeps, administrative charge-backs, or any other | ||||||
6 | fiscal or budgetary maneuver that would in any way transfer | ||||||
7 | any amounts from this Fund into any other fund of the State. | ||||||
8 | (f) The Cannabis Regulation Fund shall retain a balance of | ||||||
9 | $1,000,000 for the purposes of administrative costs. | ||||||
10 | (g) In Fiscal Year 2024 the allocations in subsection (c) | ||||||
11 | of this Section shall be reviewed and adjusted if the General | ||||||
12 | Assembly finds there is a greater need for funding for a | ||||||
13 | specific purpose in the State as it relates to Public Act | ||||||
14 | 101-27. | ||||||
15 | (Source: P.A. 101-27, eff. 6-25-19; 102-558, eff. 8-20-21.) | ||||||
16 | Section 815. The Cannabis Regulation and Tax Act is | ||||||
17 | amended by changing Sections 1-10, 15-155, 55-35, 60-10, | ||||||
18 | 60-15, and 60-20 and by adding Sections 20-60, 30-30, 35-25, | ||||||
19 | and 55-5.5 as follows: | ||||||
20 | (410 ILCS 705/1-10) | ||||||
21 | Sec. 1-10. Definitions. In this Act: | ||||||
22 | "Adult Use Cultivation Center License" means a license | ||||||
23 | issued by the Department of Agriculture that permits a person | ||||||
24 | to act as a cultivation center under this Act and any |
| |||||||
| |||||||
1 | administrative rule made in furtherance of this Act. | ||||||
2 | "Adult Use Dispensing Organization License" means a | ||||||
3 | license issued by the Department of Financial and Professional | ||||||
4 | Regulation that permits a person to act as a dispensing | ||||||
5 | organization under this Act and any administrative rule made | ||||||
6 | in furtherance of this Act. | ||||||
7 | "Advertise" means to engage in promotional activities | ||||||
8 | including, but not limited to: newspaper, radio, Internet and | ||||||
9 | electronic media, and television advertising; the distribution | ||||||
10 | of fliers and circulars; billboard advertising; and the | ||||||
11 | display of window and interior signs. "Advertise" does not | ||||||
12 | mean exterior signage displaying only the name of the licensed | ||||||
13 | cannabis business establishment. | ||||||
14 | "Application points" means the number of points a | ||||||
15 | Dispensary Applicant receives on an application for a | ||||||
16 | Conditional Adult Use Dispensing Organization License. | ||||||
17 | "BLS Region" means a region in Illinois used by the United | ||||||
18 | States Bureau of Labor Statistics to gather and categorize | ||||||
19 | certain employment and wage data. The 17 such regions in | ||||||
20 | Illinois are: Bloomington, Cape Girardeau, Carbondale-Marion, | ||||||
21 | Champaign-Urbana, Chicago-Naperville-Elgin, Danville, | ||||||
22 | Davenport-Moline-Rock Island, Decatur, Kankakee, Peoria, | ||||||
23 | Rockford, St. Louis, Springfield, Northwest Illinois | ||||||
24 | nonmetropolitan area, West Central Illinois nonmetropolitan | ||||||
25 | area, East Central Illinois nonmetropolitan area, and South | ||||||
26 | Illinois nonmetropolitan area. |
| |||||||
| |||||||
1 | "By lot" means a randomized method of choosing between 2 | ||||||
2 | or more Eligible Tied Applicants or 2 or more Qualifying | ||||||
3 | Applicants. | ||||||
4 | "Cannabis" means marijuana, hashish, and other substances | ||||||
5 | that are identified as including any parts of the plant | ||||||
6 | Cannabis sativa and including derivatives or subspecies, such | ||||||
7 | as indica, of all strains of cannabis, whether growing or not; | ||||||
8 | the seeds thereof, the resin extracted from any part of the | ||||||
9 | plant; and any compound, manufacture, salt, derivative, | ||||||
10 | mixture, or preparation of the plant, its seeds, or resin, | ||||||
11 | including tetrahydrocannabinol (THC) and all other naturally | ||||||
12 | produced cannabinol derivatives, whether produced directly or | ||||||
13 | indirectly by extraction , including, but not limited to, any | ||||||
14 | structural, optical, or geometric isomers of THC, or any | ||||||
15 | chemical compound that mimics THC ; however, "cannabis" does | ||||||
16 | not include the mature stalks of the plant, fiber produced | ||||||
17 | from the stalks, oil or cake made from the seeds of the plant, | ||||||
18 | any other compound, manufacture, salt, derivative, mixture, or | ||||||
19 | preparation of the mature stalks (except the resin extracted | ||||||
20 | from it), fiber, oil or cake, or the sterilized seed of the | ||||||
21 | plant that is incapable of germination. "Cannabis" does not | ||||||
22 | include industrial hemp as defined and authorized under the | ||||||
23 | Industrial Hemp Act. "Cannabis" also means cannabis flower, | ||||||
24 | concentrate, and cannabis-infused products and any product | ||||||
25 | whether derived from natural or synthetic sources with a THC | ||||||
26 | concentration greater than the THC limit set forth in the |
| |||||||
| |||||||
1 | definition of Hemp consumer CBD product in the Hemp Consumer | ||||||
2 | Products Act . | ||||||
3 | "Cannabis business establishment" means a cultivation | ||||||
4 | center, craft grower, processing organization, infuser | ||||||
5 | organization, dispensing organization, or transporting | ||||||
6 | organization. | ||||||
7 | "Cannabis concentrate" means a product derived from | ||||||
8 | cannabis that is produced by extracting cannabinoids, | ||||||
9 | including tetrahydrocannabinol (THC), from the plant through | ||||||
10 | the use of propylene glycol, glycerin, butter, olive oil, or | ||||||
11 | other typical cooking fats; water, ice, or dry ice; or butane, | ||||||
12 | propane, CO 2 , ethanol, or isopropanol and with the intended | ||||||
13 | use of smoking or making a cannabis-infused product. The use | ||||||
14 | of any other solvent is expressly prohibited unless and until | ||||||
15 | it is approved by the Department of Agriculture. | ||||||
16 | "Cannabis container" means a sealed or resealable, | ||||||
17 | traceable, container, or package used for the purpose of | ||||||
18 | containment of cannabis or cannabis-infused product during | ||||||
19 | transportation. | ||||||
20 | "Cannabis flower" means marijuana, hashish, and other | ||||||
21 | substances that are identified as including any parts of the | ||||||
22 | plant Cannabis sativa and including derivatives or subspecies, | ||||||
23 | such as indica, of all strains of cannabis; including raw | ||||||
24 | kief, leaves, and buds, but not resin that has been extracted | ||||||
25 | from any part of such plant; nor any compound, manufacture, | ||||||
26 | salt, derivative, mixture, or preparation of such plant, its |
| |||||||
| |||||||
1 | seeds, or resin. | ||||||
2 | "Cannabis-infused product" means a beverage, food, oil, | ||||||
3 | ointment, tincture, topical formulation, or another product | ||||||
4 | containing cannabis or cannabis concentrate that is not | ||||||
5 | intended to be smoked. | ||||||
6 | "Cannabis paraphernalia" means equipment, products, or | ||||||
7 | materials intended to be used for planting, propagating, | ||||||
8 | cultivating, growing, harvesting, manufacturing, producing, | ||||||
9 | processing, preparing, testing, analyzing, packaging, | ||||||
10 | repackaging, storing, containing, concealing, ingesting, or | ||||||
11 | otherwise introducing cannabis into the human body. | ||||||
12 | "Cannabis plant monitoring system" or "plant monitoring | ||||||
13 | system" means a system that includes, but is not limited to, | ||||||
14 | testing and data collection established and maintained by the | ||||||
15 | cultivation center, craft grower, or processing organization | ||||||
16 | and that is available to the Department of Revenue, the | ||||||
17 | Department of Agriculture, the Department of Financial and | ||||||
18 | Professional Regulation, and the Illinois State Police for the | ||||||
19 | purposes of documenting each cannabis plant and monitoring | ||||||
20 | plant development throughout the life cycle of a cannabis | ||||||
21 | plant cultivated for the intended use by a customer from seed | ||||||
22 | planting to final packaging. | ||||||
23 | "Cannabis testing facility" means an entity registered by | ||||||
24 | the Department of Agriculture to test cannabis for potency and | ||||||
25 | contaminants. | ||||||
26 | "Clone" means a plant section from a female cannabis plant |
| |||||||
| |||||||
1 | not yet rootbound, growing in a water solution or other | ||||||
2 | propagation matrix, that is capable of developing into a new | ||||||
3 | plant. | ||||||
4 | "Community College Cannabis Vocational Training Pilot | ||||||
5 | Program faculty participant" means a person who is 21 years of | ||||||
6 | age or older, licensed by the Department of Agriculture, and | ||||||
7 | is employed or contracted by an Illinois community college to | ||||||
8 | provide student instruction using cannabis plants at an | ||||||
9 | Illinois community college Community College . | ||||||
10 | "Community College Cannabis Vocational Training Pilot | ||||||
11 | Program faculty participant Agent Identification Card" means a | ||||||
12 | document issued by the Department of Agriculture that | ||||||
13 | identifies a person as a Community College Cannabis Vocational | ||||||
14 | Training Pilot Program faculty participant. | ||||||
15 | "Conditional Adult Use Dispensing Organization License" | ||||||
16 | means a contingent license awarded to applicants for an Adult | ||||||
17 | Use Dispensing Organization License that reserves the right to | ||||||
18 | an Adult Use Dispensing Organization License if the applicant | ||||||
19 | meets certain conditions described in this Act, but does not | ||||||
20 | entitle the recipient to begin purchasing or selling cannabis | ||||||
21 | or cannabis-infused products. | ||||||
22 | "Conditional Adult Use Cultivation Center License" means a | ||||||
23 | license awarded to top-scoring applicants for an Adult Use | ||||||
24 | Cultivation Center License that reserves the right to an Adult | ||||||
25 | Use Cultivation Center License if the applicant meets certain | ||||||
26 | conditions as determined by the Department of Agriculture by |
| |||||||
| |||||||
1 | rule, but does not entitle the recipient to begin growing, | ||||||
2 | processing, or selling cannabis or cannabis-infused products. | ||||||
3 | "Craft grower" means a facility operated by an | ||||||
4 | organization or business that is licensed by the Department of | ||||||
5 | Agriculture to cultivate, dry, cure, and package cannabis and | ||||||
6 | perform other necessary activities to make cannabis available | ||||||
7 | for sale at a dispensing organization or use at a processing | ||||||
8 | organization. A craft grower may contain up to 5,000 square | ||||||
9 | feet of canopy space on its premises for plants in the | ||||||
10 | flowering state. The Department of Agriculture may authorize | ||||||
11 | an increase or decrease of flowering stage cultivation space | ||||||
12 | in increments of 3,000 square feet by rule based on market | ||||||
13 | need, craft grower capacity, and the licensee's history of | ||||||
14 | compliance or noncompliance, with a maximum space of 14,000 | ||||||
15 | square feet for cultivating plants in the flowering stage, | ||||||
16 | which must be cultivated in all stages of growth in an enclosed | ||||||
17 | and secure area. A craft grower may share premises with a | ||||||
18 | processing organization or a dispensing organization, or both, | ||||||
19 | provided each licensee stores currency and cannabis or | ||||||
20 | cannabis-infused products in a separate secured vault to which | ||||||
21 | the other licensee does not have access or all licensees | ||||||
22 | sharing a vault share more than 50% of the same ownership. | ||||||
23 | "Craft grower agent" means a principal officer, board | ||||||
24 | member, employee, or other agent of a craft grower who is 21 | ||||||
25 | years of age or older. | ||||||
26 | "Craft Grower Agent Identification Card" means a document |
| |||||||
| |||||||
1 | issued by the Department of Agriculture that identifies a | ||||||
2 | person as a craft grower agent. | ||||||
3 | "Cultivation center" means a facility operated by an | ||||||
4 | organization or business that is licensed by the Department of | ||||||
5 | Agriculture to cultivate, process, transport (unless otherwise | ||||||
6 | limited by this Act), and perform other necessary activities | ||||||
7 | to provide cannabis and cannabis-infused products to cannabis | ||||||
8 | business establishments. | ||||||
9 | "Cultivation center agent" means a principal officer, | ||||||
10 | board member, employee, or other agent of a cultivation center | ||||||
11 | who is 21 years of age or older. | ||||||
12 | "Cultivation Center Agent Identification Card" means a | ||||||
13 | document issued by the Department of Agriculture that | ||||||
14 | identifies a person as a cultivation center agent. | ||||||
15 | "Currency" means currency and coin of the United States. | ||||||
16 | "Dispensary" means a facility operated by a dispensing | ||||||
17 | organization at which activities licensed by this Act may | ||||||
18 | occur. | ||||||
19 | "Dispensary Applicant" means the Proposed Dispensing | ||||||
20 | Organization Name as stated on an application for a | ||||||
21 | Conditional Adult Use Dispensing Organization License. | ||||||
22 | "Dispensing organization" means a facility operated by an | ||||||
23 | organization or business that is licensed by the Department of | ||||||
24 | Financial and Professional Regulation to acquire cannabis from | ||||||
25 | a cultivation center, craft grower, processing organization, | ||||||
26 | or another dispensary for the purpose of selling or dispensing |
| |||||||
| |||||||
1 | cannabis, cannabis-infused products, cannabis seeds, | ||||||
2 | paraphernalia, or related supplies under this Act to | ||||||
3 | purchasers or to qualified registered medical cannabis | ||||||
4 | patients and caregivers. As used in this Act, "dispensing | ||||||
5 | organization" includes a registered medical cannabis | ||||||
6 | organization as defined in the Compassionate Use of Medical | ||||||
7 | Cannabis Program Act or its successor Act that has obtained an | ||||||
8 | Early Approval Adult Use Dispensing Organization License. | ||||||
9 | "Dispensing organization agent" means a principal officer, | ||||||
10 | employee, or agent of a dispensing organization who is 21 | ||||||
11 | years of age or older. | ||||||
12 | "Dispensing organization agent identification card" means | ||||||
13 | a document issued by the Department of Financial and | ||||||
14 | Professional Regulation that identifies a person as a | ||||||
15 | dispensing organization agent. | ||||||
16 | "Disproportionately Impacted Area" means a census tract or | ||||||
17 | comparable geographic area that satisfies the following | ||||||
18 | criteria as determined by the Department of Commerce and | ||||||
19 | Economic Opportunity, that: | ||||||
20 | (1) meets at least one of the following criteria: | ||||||
21 | (A) the area has a poverty rate of at least 20% | ||||||
22 | according to the latest federal decennial census; or | ||||||
23 | (B) 75% or more of the children in the area | ||||||
24 | participate in the federal free lunch program | ||||||
25 | according to reported statistics from the State Board | ||||||
26 | of Education; or |
| |||||||
| |||||||
1 | (C) at least 20% of the households in the area | ||||||
2 | receive assistance under the Supplemental Nutrition | ||||||
3 | Assistance Program; or | ||||||
4 | (D) the area has an average unemployment rate, as | ||||||
5 | determined by the Illinois Department of Employment | ||||||
6 | Security, that is more than 120% of the national | ||||||
7 | unemployment average, as determined by the United | ||||||
8 | States Department of Labor, for a period of at least 2 | ||||||
9 | consecutive calendar years preceding the date of the | ||||||
10 | application; and | ||||||
11 | (2) has high rates of arrest, conviction, and | ||||||
12 | incarceration related to the sale, possession, use, | ||||||
13 | cultivation, manufacture, or transport of cannabis. | ||||||
14 | "Early Approval Adult Use Cultivation Center License" | ||||||
15 | means a license that permits a medical cannabis cultivation | ||||||
16 | center licensed under the Compassionate Use of Medical | ||||||
17 | Cannabis Program Act as of the effective date of this Act to | ||||||
18 | begin cultivating, infusing, packaging, transporting (unless | ||||||
19 | otherwise provided in this Act), processing, and selling | ||||||
20 | cannabis or cannabis-infused product to cannabis business | ||||||
21 | establishments for resale to purchasers as permitted by this | ||||||
22 | Act as of January 1, 2020. | ||||||
23 | "Early Approval Adult Use Dispensing Organization License" | ||||||
24 | means a license that permits a medical cannabis dispensing | ||||||
25 | organization licensed under the Compassionate Use of Medical | ||||||
26 | Cannabis Program Act as of the effective date of this Act to |
| |||||||
| |||||||
1 | begin selling cannabis or cannabis-infused product to | ||||||
2 | purchasers as permitted by this Act as of January 1, 2020. | ||||||
3 | "Early Approval Adult Use Dispensing Organization at a | ||||||
4 | secondary site" means a license that permits a medical | ||||||
5 | cannabis dispensing organization licensed under the | ||||||
6 | Compassionate Use of Medical Cannabis Program Act as of the | ||||||
7 | effective date of this Act to begin selling cannabis or | ||||||
8 | cannabis-infused product to purchasers as permitted by this | ||||||
9 | Act on January 1, 2020 at a different dispensary location from | ||||||
10 | its existing registered medical dispensary location. | ||||||
11 | "Eligible Tied Applicant" means a Tied Applicant that is | ||||||
12 | eligible to participate in the process by which a remaining | ||||||
13 | available license is distributed by lot pursuant to a Tied | ||||||
14 | Applicant Lottery. | ||||||
15 | "Enclosed, locked facility" means a room, greenhouse, | ||||||
16 | building, or other enclosed area equipped with locks or other | ||||||
17 | security devices that permit access only by cannabis business | ||||||
18 | establishment agents working for the licensed cannabis | ||||||
19 | business establishment or acting pursuant to this Act to | ||||||
20 | cultivate, process, store, or distribute cannabis. | ||||||
21 | "Enclosed, locked space" means a closet, room, greenhouse, | ||||||
22 | building, or other enclosed area equipped with locks or other | ||||||
23 | security devices that permit access only by authorized | ||||||
24 | individuals under this Act. "Enclosed, locked space" may | ||||||
25 | include: | ||||||
26 | (1) a space within a residential building that (i) is |
| |||||||
| |||||||
1 | the primary residence of the individual cultivating 5 or | ||||||
2 | fewer cannabis plants that are more than 5 inches tall and | ||||||
3 | (ii) includes sleeping quarters and indoor plumbing. The | ||||||
4 | space must only be accessible by a key or code that is | ||||||
5 | different from any key or code that can be used to access | ||||||
6 | the residential building from the exterior; or | ||||||
7 | (2) a structure, such as a shed or greenhouse, that | ||||||
8 | lies on the same plot of land as a residential building | ||||||
9 | that (i) includes sleeping quarters and indoor plumbing | ||||||
10 | and (ii) is used as a primary residence by the person | ||||||
11 | cultivating 5 or fewer cannabis plants that are more than | ||||||
12 | 5 inches tall, such as a shed or greenhouse. The structure | ||||||
13 | must remain locked when it is unoccupied by people. | ||||||
14 | "Financial institution" has the same meaning as "financial | ||||||
15 | organization" as defined in Section 1501 of the Illinois | ||||||
16 | Income Tax Act, and also includes the holding companies, | ||||||
17 | subsidiaries, and affiliates of such financial organizations. | ||||||
18 | "Flowering stage" means the stage of cultivation where and | ||||||
19 | when a cannabis plant is cultivated to produce plant material | ||||||
20 | for cannabis products. This includes mature plants as follows: | ||||||
21 | (1) if greater than 2 stigmas are visible at each | ||||||
22 | internode of the plant; or | ||||||
23 | (2) if the cannabis plant is in an area that has been | ||||||
24 | intentionally deprived of light for a period of time | ||||||
25 | intended to produce flower buds and induce maturation, | ||||||
26 | from the moment the light deprivation began through the |
| |||||||
| |||||||
1 | remainder of the marijuana plant growth cycle. | ||||||
2 | "Individual" means a natural person. | ||||||
3 | "Infuser organization" or "infuser" means a facility | ||||||
4 | operated by an organization or business that is licensed by | ||||||
5 | the Department of Agriculture to directly incorporate cannabis | ||||||
6 | or cannabis concentrate into a product formulation to produce | ||||||
7 | a cannabis-infused product. | ||||||
8 | "Kief" means the resinous crystal-like trichomes that are | ||||||
9 | found on cannabis and that are accumulated, resulting in a | ||||||
10 | higher concentration of cannabinoids, untreated by heat or | ||||||
11 | pressure, or extracted using a solvent. | ||||||
12 | "Labor peace agreement" means an agreement between a | ||||||
13 | cannabis business establishment and any labor organization | ||||||
14 | recognized under the National Labor Relations Act, referred to | ||||||
15 | in this Act as a bona fide labor organization, that prohibits | ||||||
16 | labor organizations and members from engaging in picketing, | ||||||
17 | work stoppages, boycotts, and any other economic interference | ||||||
18 | with the cannabis business establishment. This agreement means | ||||||
19 | that the cannabis business establishment has agreed not to | ||||||
20 | disrupt efforts by the bona fide labor organization to | ||||||
21 | communicate with, and attempt to organize and represent, the | ||||||
22 | cannabis business establishment's employees. The agreement | ||||||
23 | shall provide a bona fide labor organization access at | ||||||
24 | reasonable times to areas in which the cannabis business | ||||||
25 | establishment's employees work, for the purpose of meeting | ||||||
26 | with employees to discuss their right to representation, |
| |||||||
| |||||||
1 | employment rights under State law, and terms and conditions of | ||||||
2 | employment. This type of agreement shall not mandate a | ||||||
3 | particular method of election or certification of the bona | ||||||
4 | fide labor organization. | ||||||
5 | "Limited access area" means a room or other area under the | ||||||
6 | control of a cannabis dispensing organization licensed under | ||||||
7 | this Act and upon the licensed premises where cannabis sales | ||||||
8 | occur with access limited to purchasers, dispensing | ||||||
9 | organization owners and other dispensing organization agents, | ||||||
10 | or service professionals conducting business with the | ||||||
11 | dispensing organization, or, if sales to registered qualifying | ||||||
12 | patients, caregivers, provisional patients, and Opioid | ||||||
13 | Alternative Pilot Program participants licensed pursuant to | ||||||
14 | the Compassionate Use of Medical Cannabis Program Act are also | ||||||
15 | permitted at the dispensary, registered qualifying patients, | ||||||
16 | caregivers, provisional patients, and Opioid Alternative Pilot | ||||||
17 | Program participants. | ||||||
18 | "Member of an impacted family" means an individual who has | ||||||
19 | a parent, legal guardian, child, spouse, or dependent, or was | ||||||
20 | a dependent of an individual who, prior to the effective date | ||||||
21 | of this Act, was arrested for, convicted of, or adjudicated | ||||||
22 | delinquent for any offense that is eligible for expungement | ||||||
23 | under this Act. | ||||||
24 | "Mother plant" means a cannabis plant that is cultivated | ||||||
25 | or maintained for the purpose of generating clones, and that | ||||||
26 | will not be used to produce plant material for sale to an |
| |||||||
| |||||||
1 | infuser or dispensing organization. | ||||||
2 | "Ordinary public view" means within the sight line with | ||||||
3 | normal visual range of a person, unassisted by visual aids, | ||||||
4 | from a public street or sidewalk adjacent to real property, or | ||||||
5 | from within an adjacent property. | ||||||
6 | "Ownership and control" means ownership of at least 51% of | ||||||
7 | the business, including corporate stock if a corporation, and | ||||||
8 | control over the management and day-to-day operations of the | ||||||
9 | business and an interest in the capital, assets, and profits | ||||||
10 | and losses of the business proportionate to percentage of | ||||||
11 | ownership. | ||||||
12 | "Person" means a natural individual, firm, partnership, | ||||||
13 | association, joint stock company, joint venture, public or | ||||||
14 | private corporation, limited liability company, or a receiver, | ||||||
15 | executor, trustee, guardian, or other representative appointed | ||||||
16 | by order of any court. | ||||||
17 | "Possession limit" means the amount of cannabis under | ||||||
18 | Section 10-10 that may be possessed at any one time by a person | ||||||
19 | 21 years of age or older or who is a registered qualifying | ||||||
20 | medical cannabis patient or caregiver under the Compassionate | ||||||
21 | Use of Medical Cannabis Program Act. | ||||||
22 | "Principal officer" includes a cannabis business | ||||||
23 | establishment applicant or licensed cannabis business | ||||||
24 | establishment's board member, owner with more than 1% interest | ||||||
25 | of the total cannabis business establishment or more than 5% | ||||||
26 | interest of the total cannabis business establishment of a |
| |||||||
| |||||||
1 | publicly traded company, president, vice president, secretary, | ||||||
2 | treasurer, partner, officer, member, manager member, or person | ||||||
3 | with a profit sharing, financial interest, or revenue sharing | ||||||
4 | arrangement. The definition includes a person with authority | ||||||
5 | to control the cannabis business establishment, a person who | ||||||
6 | assumes responsibility for the debts of the cannabis business | ||||||
7 | establishment and who is further defined in this Act. | ||||||
8 | "Primary residence" means a dwelling where a person | ||||||
9 | usually stays or stays more often than other locations. It may | ||||||
10 | be determined by, without limitation, presence, tax filings; | ||||||
11 | address on an Illinois driver's license, an Illinois | ||||||
12 | Identification Card, or an Illinois Person with a Disability | ||||||
13 | Identification Card; or voter registration. No person may have | ||||||
14 | more than one primary residence. | ||||||
15 | "Processing organization" or "processor" means a facility | ||||||
16 | operated by an organization or business that is licensed by | ||||||
17 | the Department of Agriculture to either extract constituent | ||||||
18 | chemicals or compounds to produce cannabis concentrate or | ||||||
19 | incorporate cannabis or cannabis concentrate into a product | ||||||
20 | formulation to produce a cannabis product. | ||||||
21 | "Processing organization agent" means a principal officer, | ||||||
22 | board member, employee, or agent of a processing organization. | ||||||
23 | "Processing organization agent identification card" means | ||||||
24 | a document issued by the Department of Agriculture that | ||||||
25 | identifies a person as a processing organization agent. | ||||||
26 | "Purchaser" means a person 21 years of age or older who |
| |||||||
| |||||||
1 | acquires cannabis for a valuable consideration. "Purchaser" | ||||||
2 | does not include a cardholder under the Compassionate Use of | ||||||
3 | Medical Cannabis Program Act. | ||||||
4 | "Qualifying Applicant" means an applicant that submitted | ||||||
5 | an application pursuant to Section 15-30 that received at | ||||||
6 | least 85% of 250 application points available under Section | ||||||
7 | 15-30 as the applicant's final score and meets the definition | ||||||
8 | of "Social Equity Applicant" as set forth under this Section. | ||||||
9 | "Qualifying Social Equity Justice Involved Applicant" | ||||||
10 | means an applicant that submitted an application pursuant to | ||||||
11 | Section 15-30 that received at least 85% of 250 application | ||||||
12 | points available under Section 15-30 as the applicant's final | ||||||
13 | score and meets the criteria of either paragraph (1) or (2) of | ||||||
14 | the definition of "Social Equity Applicant" as set forth under | ||||||
15 | this Section. | ||||||
16 | "Qualified Social Equity Applicant" means a Social Equity | ||||||
17 | Applicant who has been awarded a conditional license under | ||||||
18 | this Act to operate a cannabis business establishment. | ||||||
19 | "Resided" means an individual's primary residence was | ||||||
20 | located within the relevant geographic area as established by | ||||||
21 | 2 of the following: | ||||||
22 | (1) a signed lease agreement that includes the | ||||||
23 | applicant's name; | ||||||
24 | (2) a property deed that includes the applicant's | ||||||
25 | name; | ||||||
26 | (3) school records; |
| |||||||
| |||||||
1 | (4) a voter registration card; | ||||||
2 | (5) an Illinois driver's license, an Illinois | ||||||
3 | Identification Card, or an Illinois Person with a | ||||||
4 | Disability Identification Card; | ||||||
5 | (6) a paycheck stub; | ||||||
6 | (7) a utility bill; | ||||||
7 | (8) tax records; or | ||||||
8 | (9) any other proof of residency or other information | ||||||
9 | necessary to establish residence as provided by rule. | ||||||
10 | "Smoking" means the inhalation of smoke caused by the | ||||||
11 | combustion of cannabis. | ||||||
12 | "Social Equity Applicant" means an applicant that is an | ||||||
13 | Illinois resident that meets one of the following criteria: | ||||||
14 | (1) an applicant with at least 51% ownership and | ||||||
15 | control by one or more individuals who have resided for at | ||||||
16 | least 5 of the preceding 10 years in a Disproportionately | ||||||
17 | Impacted Area; | ||||||
18 | (2) an applicant with at least 51% ownership and | ||||||
19 | control by one or more individuals who: | ||||||
20 | (i) have been arrested for, convicted of, or | ||||||
21 | adjudicated delinquent for any offense that is | ||||||
22 | eligible for expungement under this Act; or | ||||||
23 | (ii) is a member of an impacted family; | ||||||
24 | (3) for applicants with a minimum of 10 full-time | ||||||
25 | employees, an applicant with at least 51% of current | ||||||
26 | employees who: |
| |||||||
| |||||||
1 | (i) currently reside in a Disproportionately | ||||||
2 | Impacted Area; or | ||||||
3 | (ii) have been arrested for, convicted of, or | ||||||
4 | adjudicated delinquent for any offense that is | ||||||
5 | eligible for expungement under this Act or member of | ||||||
6 | an impacted family. | ||||||
7 | Nothing in this Act shall be construed to preempt or limit | ||||||
8 | the duties of any employer under the Job Opportunities for | ||||||
9 | Qualified Applicants Act. Nothing in this Act shall permit an | ||||||
10 | employer to require an employee to disclose sealed or expunged | ||||||
11 | offenses, unless otherwise required by law. | ||||||
12 | "Tetrahydrocannabinol" or "THC" means any naturally | ||||||
13 | occurring or synthetic tetrahydrocannabinol, including its | ||||||
14 | salts, isomers, and salts of isomers whenever the existence of | ||||||
15 | such salts, isomers, and salts of isomers is possible within | ||||||
16 | the specific chemical designation and any preparation, | ||||||
17 | mixture, or substance containing, or mixed or infused with, | ||||||
18 | any detectable amount of tetrahydrocannabinol or | ||||||
19 | tetrahydrocannabolic acid, including, but not limited to, | ||||||
20 | delta-8-tetrahydrocannabinol, delta-9-tetrahydrocannabinol, | ||||||
21 | delta-10-tetrahydrocannabinol, tetrahydrocannabolic acid, | ||||||
22 | tetrahydrocannabiphorol, or hexahydrocannabinol, however | ||||||
23 | derived, or any other substance determined to have similar | ||||||
24 | intoxicating effects on the mind or body by the Department. | ||||||
25 | For the purposes of this definition, "isomer" means the | ||||||
26 | optical, position, and geometric isomers. |
| |||||||
| |||||||
1 | "Tied Applicant" means an application submitted by a | ||||||
2 | Dispensary Applicant pursuant to Section 15-30 that received | ||||||
3 | the same number of application points under Section 15-30 as | ||||||
4 | the Dispensary Applicant's final score as one or more | ||||||
5 | top-scoring applications in the same BLS Region and would have | ||||||
6 | been awarded a license but for the one or more other | ||||||
7 | top-scoring applications that received the same number of | ||||||
8 | application points. Each application for which a Dispensary | ||||||
9 | Applicant was required to pay a required application fee for | ||||||
10 | the application period ending January 2, 2020 shall be | ||||||
11 | considered an application of a separate Tied Applicant. | ||||||
12 | "Tied Applicant Lottery" means the process established | ||||||
13 | under 68 Ill. Adm. Code 1291.50 for awarding Conditional Adult | ||||||
14 | Use Dispensing Organization Licenses pursuant to Sections | ||||||
15 | 15-25 and 15-30 among Eligible Tied Applicants. | ||||||
16 | "Tincture" means a cannabis-infused solution, typically | ||||||
17 | comprised of alcohol, glycerin, or vegetable oils, derived | ||||||
18 | either directly from the cannabis plant or from a processed | ||||||
19 | cannabis extract. A tincture is not an alcoholic liquor as | ||||||
20 | defined in the Liquor Control Act of 1934. A tincture shall | ||||||
21 | include a calibrated dropper or other similar device capable | ||||||
22 | of accurately measuring servings. | ||||||
23 | "Transporting organization" or "transporter" means an | ||||||
24 | organization or business that is licensed by the Department of | ||||||
25 | Agriculture to transport cannabis or cannabis-infused product | ||||||
26 | on behalf of a cannabis business establishment or a community |
| |||||||
| |||||||
1 | college licensed under the Community College Cannabis | ||||||
2 | Vocational Training Pilot Program. | ||||||
3 | "Transporting organization agent" means a principal | ||||||
4 | officer, board member, employee, or agent of a transporting | ||||||
5 | organization. | ||||||
6 | "Transporting organization agent identification card" | ||||||
7 | means a document issued by the Department of Agriculture that | ||||||
8 | identifies a person as a transporting organization agent. | ||||||
9 | "Unit of local government" means any county, city, | ||||||
10 | village, or incorporated town. | ||||||
11 | "Vegetative stage" means the stage of cultivation in which | ||||||
12 | a cannabis plant is propagated to produce additional cannabis | ||||||
13 | plants or reach a sufficient size for production. This | ||||||
14 | includes seedlings, clones, mothers, and other immature | ||||||
15 | cannabis plants as follows: | ||||||
16 | (1) if the cannabis plant is in an area that has not | ||||||
17 | been intentionally deprived of light for a period of time | ||||||
18 | intended to produce flower buds and induce maturation, it | ||||||
19 | has no more than 2 stigmas visible at each internode of the | ||||||
20 | cannabis plant; or | ||||||
21 | (2) any cannabis plant that is cultivated solely for | ||||||
22 | the purpose of propagating clones and is never used to | ||||||
23 | produce cannabis. | ||||||
24 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; | ||||||
25 | 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff. | ||||||
26 | 5-13-22.) |
| |||||||
| |||||||
1 | (410 ILCS 705/15-155) | ||||||
2 | Sec. 15-155. Unlicensed practice; violation; civil | ||||||
3 | penalty. | ||||||
4 | (a) In addition to any other penalty provided by law, any | ||||||
5 | person who practices, offers to practice, attempts to | ||||||
6 | practice, or holds oneself out to practice as a licensed | ||||||
7 | dispensing organization owner, principal officer, | ||||||
8 | agent-in-charge, or agent , cultivates, processes, distributes, | ||||||
9 | sells, or offers for sale cannabis, cannabis-infused products, | ||||||
10 | cannabis concentrates, or cannabis flower without being | ||||||
11 | licensed under this Act shall, in addition to any other | ||||||
12 | penalty provided by law, pay a civil penalty to the Department | ||||||
13 | of Financial and Professional Regulation in an amount not to | ||||||
14 | exceed $10,000 for each offense as determined by the | ||||||
15 | Department. Each day a person engages in unlicensed practice | ||||||
16 | in violation of the provisions of this Section constitutes a | ||||||
17 | separate offense. The civil penalty shall be assessed by the | ||||||
18 | Department after a hearing is held in accordance with the | ||||||
19 | provisions set forth in this Act regarding the provision of a | ||||||
20 | hearing for the discipline of a licensee. | ||||||
21 | (b) The Department , the Attorney General, any State or | ||||||
22 | local law enforcement agency, or any State's Attorney has the | ||||||
23 | authority and power to investigate any and all unlicensed | ||||||
24 | activity. | ||||||
25 | (c) The civil penalty shall be paid within 60 days after |
| |||||||
| |||||||
1 | the effective date of the order imposing the civil penalty or | ||||||
2 | in accordance with the order imposing the civil penalty. The | ||||||
3 | order shall constitute a judgment and may be filed and | ||||||
4 | execution had thereon in the same manner as any judgment from | ||||||
5 | any court of this State. | ||||||
6 | (d) A violation of subsection (a) is an unlawful practice | ||||||
7 | under Section 2 of the Consumer Fraud and Deceptive Business | ||||||
8 | Practices Act. All remedies, penalties, and authority granted | ||||||
9 | to the Attorney General under that Act shall be available for | ||||||
10 | the enforcement of this Act. | ||||||
11 | (e) Nothing in this Section prohibits a unit of local | ||||||
12 | government from enacting a local law or ordinance to carry out | ||||||
13 | enforcement activities and assess civil penalties against | ||||||
14 | unlicensed cannabis sales. | ||||||
15 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) | ||||||
16 | (410 ILCS 705/20-60 new) | ||||||
17 | Sec. 20-60. Unlicensed practice; violation; civil penalty. | ||||||
18 | (a) In addition to any other penalty provided by law, any | ||||||
19 | person who practices, offers to practice, attempts to | ||||||
20 | practice, or holds oneself out to practice as a licensed | ||||||
21 | cultivation center, infuser, or craft grower owner, principal | ||||||
22 | officer, agent-in-charge, or agent or who cultivates, | ||||||
23 | processes, distributes, sells, or offers for sale cannabis, | ||||||
24 | cannabis-infused products, cannabis concentrates, or cannabis | ||||||
25 | flower without being licensed under this Act shall, in |
| |||||||
| |||||||
1 | addition to any other penalty provided by law, pay a civil | ||||||
2 | penalty to the Department of Agriculture in an amount not to | ||||||
3 | exceed $10,000 for each offense. Each day any person engages | ||||||
4 | in unlicensed practice in violation of the provisions of this | ||||||
5 | Section constitutes a separate offense. The civil penalty | ||||||
6 | shall be assessed by the Department after a hearing is held in | ||||||
7 | accordance with the provisions set forth in this Act regarding | ||||||
8 | hearings for the discipline of a licensee. | ||||||
9 | (b) The Department, the Attorney General, any State or | ||||||
10 | local law enforcement agency, or any State's Attorney has the | ||||||
11 | authority and power to investigate any and all unlicensed | ||||||
12 | activity. | ||||||
13 | (c) The civil penalty shall be paid within 60 days after | ||||||
14 | the effective date of the order imposing the civil penalty or | ||||||
15 | in accordance with the order imposing the civil penalty. The | ||||||
16 | order shall constitute a judgment and may be filed and | ||||||
17 | execution had thereon in the same manner as any judgment from | ||||||
18 | any court of this State. | ||||||
19 | (d) In addition to any other remedies or penalties | ||||||
20 | provided by law, a unit of local government may suspend or | ||||||
21 | revoke any locally established licenses held by the person, | ||||||
22 | and prohibit the person from further operations and seize any | ||||||
23 | cannabis or THC product. | ||||||
24 | (410 ILCS 705/30-30) | ||||||
25 | Sec. 30-30. Craft grower requirements; prohibitions. |
| |||||||
| |||||||
1 | (a) The operating documents of a craft grower shall | ||||||
2 | include procedures for the oversight of the craft grower, a | ||||||
3 | cannabis plant monitoring system including a physical | ||||||
4 | inventory recorded weekly, accurate recordkeeping, and a | ||||||
5 | staffing plan. | ||||||
6 | (b) A craft grower shall implement a security plan | ||||||
7 | reviewed by the Illinois State Police that includes, but is | ||||||
8 | not limited to: facility access controls, perimeter intrusion | ||||||
9 | detection systems, personnel identification systems, and a | ||||||
10 | 24-hour surveillance system to monitor the interior and | ||||||
11 | exterior of the craft grower facility and that is accessible | ||||||
12 | to authorized law enforcement and the Department of | ||||||
13 | Agriculture in real time. | ||||||
14 | (c) All cultivation of cannabis by a craft grower must | ||||||
15 | take place in an enclosed, locked facility at the physical | ||||||
16 | address provided to the Department of Agriculture during the | ||||||
17 | licensing process. The craft grower location shall only be | ||||||
18 | accessed by the agents working for the craft grower, the | ||||||
19 | Department of Agriculture staff performing inspections, the | ||||||
20 | Department of Public Health staff performing inspections, | ||||||
21 | State and local law enforcement or other emergency personnel, | ||||||
22 | contractors working on jobs unrelated to cannabis, such as | ||||||
23 | installing or maintaining security devices or performing | ||||||
24 | electrical wiring, transporting organization agents as | ||||||
25 | provided in this Act, or participants in the incubator | ||||||
26 | program, individuals in a mentoring or educational program |
| |||||||
| |||||||
1 | approved by the State, or other individuals as provided by | ||||||
2 | rule. However, if a craft grower shares a premises with an | ||||||
3 | infuser or dispensing organization, agents from those other | ||||||
4 | licensees may access the craft grower portion of the premises | ||||||
5 | if that is the location of common bathrooms, lunchrooms, | ||||||
6 | locker rooms, or other areas of the building where work or | ||||||
7 | cultivation of cannabis is not performed. At no time may an | ||||||
8 | infuser or dispensing organization agent perform work at a | ||||||
9 | craft grower without being a registered agent of the craft | ||||||
10 | grower. | ||||||
11 | (d) A craft grower may not sell or distribute any cannabis | ||||||
12 | to any person other than a cultivation center, a craft grower, | ||||||
13 | an infuser organization, a dispensing organization, or as | ||||||
14 | otherwise authorized by rule. | ||||||
15 | (e) A craft grower may not be located in an area zoned for | ||||||
16 | residential use. | ||||||
17 | (f) A craft grower may not either directly or indirectly | ||||||
18 | discriminate in price between different cannabis business | ||||||
19 | establishments that are purchasing a like grade, strain, | ||||||
20 | brand, and quality of cannabis or cannabis-infused product. | ||||||
21 | Nothing in this subsection (f) prevents a craft grower from | ||||||
22 | pricing cannabis differently based on differences in the cost | ||||||
23 | of manufacturing or processing, the quantities sold, such as | ||||||
24 | volume discounts, or the way the products are delivered. | ||||||
25 | (g) All cannabis harvested by a craft grower and intended | ||||||
26 | for distribution to a dispensing organization must be entered |
| |||||||
| |||||||
1 | into a data collection system, packaged and labeled under | ||||||
2 | Section 55-21, and, if distribution is to a dispensing | ||||||
3 | organization that does not share a premises with the | ||||||
4 | dispensing organization receiving the cannabis, placed into a | ||||||
5 | cannabis container for transport. All cannabis harvested by a | ||||||
6 | craft grower and intended for distribution to a cultivation | ||||||
7 | center, to an infuser organization, or to a craft grower with | ||||||
8 | which it does not share a premises, must be packaged in a | ||||||
9 | labeled cannabis container and entered into a data collection | ||||||
10 | system before transport. | ||||||
11 | (h) Craft growers are subject to random inspections by the | ||||||
12 | Department of Agriculture, local safety or health inspectors, | ||||||
13 | the Illinois State Police, or as provided by rule. | ||||||
14 | (i) A craft grower agent shall notify local law | ||||||
15 | enforcement, the Illinois State Police, and the Department of | ||||||
16 | Agriculture within 24 hours of the discovery of any loss or | ||||||
17 | theft. Notification shall be made by phone, in person, or | ||||||
18 | written or electronic communication. | ||||||
19 | (j) A craft grower shall comply with all State and any | ||||||
20 | applicable federal rules and regulations regarding the use of | ||||||
21 | pesticides. | ||||||
22 | (k) A craft grower or craft grower agent shall not | ||||||
23 | transport cannabis or cannabis-infused products to any other | ||||||
24 | cannabis business establishment without a transport | ||||||
25 | organization license unless: | ||||||
26 | (i) If the craft grower is located in a county with a |
| |||||||
| |||||||
1 | population of 3,000,000 or more, the cannabis business | ||||||
2 | establishment receiving the cannabis is within 2,000 feet | ||||||
3 | of the property line of the craft grower; | ||||||
4 | (ii) If the craft grower is located in a county with a | ||||||
5 | population of more than 700,000 but fewer than 3,000,000, | ||||||
6 | the cannabis business establishment receiving the cannabis | ||||||
7 | is within 2 miles of the craft grower; or | ||||||
8 | (iii) If the craft grower is located in a county with a | ||||||
9 | population of fewer than 700,000, the cannabis business | ||||||
10 | establishment receiving the cannabis is within 15 miles of | ||||||
11 | the craft grower. | ||||||
12 | (l) A craft grower may enter into a contract with a | ||||||
13 | transporting organization to transport cannabis to a | ||||||
14 | cultivation center, a craft grower, an infuser organization, a | ||||||
15 | dispensing organization, or a laboratory. | ||||||
16 | (m) No person or entity shall hold any legal, equitable, | ||||||
17 | ownership, or beneficial interest, directly or indirectly, of | ||||||
18 | more than 3 craft grower licenses. Further, no person or | ||||||
19 | entity that is employed by, an agent of, or has a contract to | ||||||
20 | receive payment from or participate in the management of a | ||||||
21 | craft grower, is a principal officer of a craft grower, or | ||||||
22 | entity controlled by or affiliated with a principal officer of | ||||||
23 | a craft grower shall hold any legal, equitable, ownership, or | ||||||
24 | beneficial interest, directly or indirectly, in a craft grower | ||||||
25 | license that would result in the person or entity owning or | ||||||
26 | controlling in combination with any craft grower, principal |
| |||||||
| |||||||
1 | officer of a craft grower, or entity controlled or affiliated | ||||||
2 | with a principal officer of a craft grower by which he, she, or | ||||||
3 | it is employed, is an agent of, or participates in the | ||||||
4 | management of more than 3 craft grower licenses. | ||||||
5 | (n) It is unlawful for any person having a craft grower | ||||||
6 | license or any officer, associate, member, representative, or | ||||||
7 | agent of the licensee to offer or deliver money, or anything | ||||||
8 | else of value, directly or indirectly, to any person having an | ||||||
9 | Early Approval Adult Use Dispensing Organization License, a | ||||||
10 | Conditional Adult Use Dispensing Organization License, an | ||||||
11 | Adult Use Dispensing Organization License, or a medical | ||||||
12 | cannabis dispensing organization license issued under the | ||||||
13 | Compassionate Use of Medical Cannabis Program Act, or to any | ||||||
14 | person connected with or in any way representing, or to any | ||||||
15 | member of the family of, the person holding an Early Approval | ||||||
16 | Adult Use Dispensing Organization License, a Conditional Adult | ||||||
17 | Use Dispensing Organization License, an Adult Use Dispensing | ||||||
18 | Organization License, or a medical cannabis dispensing | ||||||
19 | organization license issued under the Compassionate Use of | ||||||
20 | Medical Cannabis Program Act, or to any stockholders in any | ||||||
21 | corporation engaged in the retail sale of cannabis, or to any | ||||||
22 | officer, manager, agent, or representative of the Early | ||||||
23 | Approval Adult Use Dispensing Organization License, a | ||||||
24 | Conditional Adult Use Dispensing Organization License, an | ||||||
25 | Adult Use Dispensing Organization License, or a medical | ||||||
26 | cannabis dispensing organization license issued under the |
| |||||||
| |||||||
1 | Compassionate Use of Medical Cannabis Program Act to obtain | ||||||
2 | preferential placement within the dispensing organization, | ||||||
3 | including, without limitation, on shelves and in display cases | ||||||
4 | where purchasers can view products, or on the dispensing | ||||||
5 | organization's website. | ||||||
6 | (o) A craft grower shall not be located within 1,500 feet | ||||||
7 | of another craft grower or a cultivation center. | ||||||
8 | (p) A craft grower may process cannabis, cannabis | ||||||
9 | concentrates, and cannabis-infused products. | ||||||
10 | (q) A craft grower must comply with any other requirements | ||||||
11 | or prohibitions set by administrative rule of the Department | ||||||
12 | of Agriculture. | ||||||
13 | (r) A craft grower may purchase a hemp-derived | ||||||
14 | intoxicating product from a hemp consumer product manufacturer | ||||||
15 | and offer a hemp-derived intoxicating product for sale to | ||||||
16 | another cannabis business establishment. Once a hemp-derived | ||||||
17 | intoxicating product is delivered to a craft grower, it is | ||||||
18 | considered cannabis and the craft grower is responsible for | ||||||
19 | ensuring the product meets 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 705/35-25) | ||||||
24 | Sec. 35-25. Infuser organization requirements; | ||||||
25 | prohibitions. |
| |||||||
| |||||||
1 | (a) The operating documents of an infuser shall include | ||||||
2 | procedures for the oversight of the infuser, an inventory | ||||||
3 | monitoring system including a physical inventory recorded | ||||||
4 | weekly, accurate recordkeeping, and a staffing plan. | ||||||
5 | (b) An infuser shall implement a security plan reviewed by | ||||||
6 | the Illinois State Police that includes, but is not limited | ||||||
7 | to: facility access controls, perimeter intrusion detection | ||||||
8 | systems, personnel identification systems, and a 24-hour | ||||||
9 | surveillance system to monitor the interior and exterior of | ||||||
10 | the infuser facility and that is accessible to authorized law | ||||||
11 | enforcement, the Department of Public Health, and the | ||||||
12 | Department of Agriculture in real time. | ||||||
13 | (c) All processing of cannabis by an infuser must take | ||||||
14 | place in an enclosed, locked facility at the physical address | ||||||
15 | provided to the Department of Agriculture during the licensing | ||||||
16 | process. The infuser location shall only be accessed by the | ||||||
17 | agents working for the infuser, the Department of Agriculture | ||||||
18 | staff performing inspections, the Department of Public Health | ||||||
19 | staff performing inspections, State and local law enforcement | ||||||
20 | or other emergency personnel, contractors working on jobs | ||||||
21 | unrelated to cannabis, such as installing or maintaining | ||||||
22 | security devices or performing electrical wiring, transporting | ||||||
23 | organization agents as provided in this Act, participants in | ||||||
24 | the incubator program, individuals in a mentoring or | ||||||
25 | educational program approved by the State, local safety or | ||||||
26 | health inspectors, or other individuals as provided by rule. |
| |||||||
| |||||||
1 | However, if an infuser shares a premises with a craft grower or | ||||||
2 | dispensing organization, agents from these other licensees may | ||||||
3 | access the infuser portion of the premises if that is the | ||||||
4 | location of common bathrooms, lunchrooms, locker rooms, or | ||||||
5 | other areas of the building where processing of cannabis is | ||||||
6 | not performed. At no time may a craft grower or dispensing | ||||||
7 | organization agent perform work at an infuser without being a | ||||||
8 | registered agent of the infuser. | ||||||
9 | (d) An infuser may not sell or distribute any cannabis to | ||||||
10 | any person other than a dispensing organization, or as | ||||||
11 | otherwise authorized by rule. | ||||||
12 | (e) An infuser may not either directly or indirectly | ||||||
13 | discriminate in price between different cannabis business | ||||||
14 | establishments that are purchasing a like grade, strain, | ||||||
15 | brand, and quality of cannabis or cannabis-infused product. | ||||||
16 | Nothing in this subsection (e) prevents an infuser from | ||||||
17 | pricing cannabis differently based on differences in the cost | ||||||
18 | of manufacturing or processing, the quantities sold, such | ||||||
19 | volume discounts, or the way the products are delivered. | ||||||
20 | (f) All cannabis infused by an infuser and intended for | ||||||
21 | distribution to a dispensing organization must be entered into | ||||||
22 | a data collection system, packaged and labeled under Section | ||||||
23 | 55-21, and, if distribution is to a dispensing organization | ||||||
24 | that does not share a premises with the infuser, placed into a | ||||||
25 | cannabis container for transport. All cannabis produced by an | ||||||
26 | infuser and intended for distribution to a cultivation center, |
| |||||||
| |||||||
1 | infuser organization, or craft grower with which it does not | ||||||
2 | share a premises, must be packaged in a labeled cannabis | ||||||
3 | container and entered into a data collection system before | ||||||
4 | transport. | ||||||
5 | (g) Infusers are subject to random inspections by the | ||||||
6 | Department of Agriculture, the Department of Public Health, | ||||||
7 | the Illinois State Police, local law enforcement, or as | ||||||
8 | provided by rule. | ||||||
9 | (h) An infuser agent shall notify local law enforcement, | ||||||
10 | the Illinois State Police, and the Department of Agriculture | ||||||
11 | within 24 hours of the discovery of any loss or theft. | ||||||
12 | Notification shall be made by phone, in person, or by written | ||||||
13 | or electronic communication. | ||||||
14 | (i) An infuser organization may not be located in an area | ||||||
15 | zoned for residential use. | ||||||
16 | (j) An infuser or infuser agent shall not transport | ||||||
17 | cannabis or cannabis-infused products to any other cannabis | ||||||
18 | business establishment without a transport organization | ||||||
19 | license unless: | ||||||
20 | (i) If the infuser is located in a county with a | ||||||
21 | population of 3,000,000 or more, the cannabis business | ||||||
22 | establishment receiving the cannabis or cannabis-infused | ||||||
23 | product is within 2,000 feet of the property line of the | ||||||
24 | infuser; | ||||||
25 | (ii) If the infuser is located in a county with a | ||||||
26 | population of more than 700,000 but fewer than 3,000,000, |
| |||||||
| |||||||
1 | the cannabis business establishment receiving the cannabis | ||||||
2 | or cannabis-infused product is within 2 miles of the | ||||||
3 | infuser; or | ||||||
4 | (iii) If the infuser is located in a county with a | ||||||
5 | population of fewer than 700,000, the cannabis business | ||||||
6 | establishment receiving the cannabis or cannabis-infused | ||||||
7 | product is within 15 miles of the infuser. | ||||||
8 | (k) An infuser may enter into a contract with a | ||||||
9 | transporting organization to transport cannabis to a | ||||||
10 | dispensing organization or a laboratory. | ||||||
11 | (l) An infuser organization may share premises with a | ||||||
12 | craft grower or a dispensing organization, or both, provided | ||||||
13 | each licensee stores currency and cannabis or cannabis-infused | ||||||
14 | products in a separate secured vault to which the other | ||||||
15 | licensee does not have access or all licensees sharing a vault | ||||||
16 | share more than 50% of the same ownership. | ||||||
17 | (m) It is unlawful for any person or entity having an | ||||||
18 | infuser organization license or any officer, associate, | ||||||
19 | member, representative or agent of such licensee to offer or | ||||||
20 | deliver money, or anything else of value, directly or | ||||||
21 | indirectly to any person having an Early Approval Adult Use | ||||||
22 | Dispensing Organization License, a Conditional Adult Use | ||||||
23 | Dispensing Organization License, an Adult Use Dispensing | ||||||
24 | Organization License, or a medical cannabis dispensing | ||||||
25 | organization license issued under the Compassionate Use of | ||||||
26 | Medical Cannabis Program Act, or to any person connected with |
| |||||||
| |||||||
1 | or in any way representing, or to any member of the family of, | ||||||
2 | such person holding an Early Approval Adult Use Dispensing | ||||||
3 | Organization License, a Conditional Adult Use Dispensing | ||||||
4 | Organization License, an Adult Use Dispensing Organization | ||||||
5 | License, or a medical cannabis dispensing organization license | ||||||
6 | issued under the Compassionate Use of Medical Cannabis Program | ||||||
7 | Act, or to any stockholders in any corporation engaged the | ||||||
8 | retail sales of cannabis, or to any officer, manager, agent, | ||||||
9 | or representative of the Early Approval Adult Use Dispensing | ||||||
10 | Organization License, a Conditional Adult Use Dispensing | ||||||
11 | Organization License, an Adult Use Dispensing Organization | ||||||
12 | License, or a medical cannabis dispensing organization license | ||||||
13 | issued under the Compassionate Use of Medical Cannabis Program | ||||||
14 | Act to obtain preferential placement within the dispensing | ||||||
15 | organization, including, without limitation, on shelves and in | ||||||
16 | display cases where purchasers can view products, or on the | ||||||
17 | dispensing organization's website. | ||||||
18 | (n) At no time shall an infuser organization or an infuser | ||||||
19 | agent perform the extraction of cannabis concentrate from | ||||||
20 | cannabis flower. | ||||||
21 | (o) An infuser may purchase a hemp-derived intoxicating | ||||||
22 | product from a hemp consumer product manufacturer and offer a | ||||||
23 | hemp-derived intoxicating product for sale to another cannabis | ||||||
24 | business establishment. Once a hemp-derived intoxicating | ||||||
25 | product is delivered to an infuser, it is considered cannabis | ||||||
26 | and the infuser is responsible for ensuring the product meets |
| |||||||
| |||||||
1 | all requirements of this Act. | ||||||
2 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; | ||||||
3 | 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff. | ||||||
4 | 5-13-22.) | ||||||
5 | (410 ILCS 705/55-5.5 new) | ||||||
6 | Sec. 55-5.5. Use of hemp in cannabis-infused products. | ||||||
7 | (a) For purposes of this Section, "industrial hemp" has | ||||||
8 | the meaning given to it under the Industrial Hemp Act. | ||||||
9 | (b) Cannabis business establishments licensed by the | ||||||
10 | Department of Agriculture for cultivation, growing, | ||||||
11 | processing, manufacturing, or infusing of medical or adult use | ||||||
12 | cannabis products pursuant to this Act or the Compassionate | ||||||
13 | Use of Medical Cannabis Program Act may use industrial hemp as | ||||||
14 | an ingredient in cannabis-infused products offered for sale at | ||||||
15 | licensed dispensaries in Illinois. Hemp flower shall not be | ||||||
16 | sold to dispensaries. | ||||||
17 | (c) All hemp obtained under this Section must be used in | ||||||
18 | extracted form and in infused cannabis products only. | ||||||
19 | (d) Industrial hemp may be procured from third-party | ||||||
20 | licensed growers or manufacturers from within the State or any | ||||||
21 | other state with a regulated industrial hemp program. | ||||||
22 | (e) All hemp and hemp derivatives shall be obtained from a | ||||||
23 | licensed or registered hemp grower or manufacturer, regardless | ||||||
24 | of the home state of the grower or manufacturer. Cannabis | ||||||
25 | producers shall provide a copy of the hemp grower's or |
| |||||||
| |||||||
1 | manufacturer's State-issued license upon demand of the | ||||||
2 | Department of Agriculture or the Illinois State Police. | ||||||
3 | (f) Industrial hemp flower and biomass may be purchased | ||||||
4 | and extracted by licensed cannabis cultivation centers or | ||||||
5 | licensed craft growers. | ||||||
6 | (g) Licensed cannabis cultivation centers and licensed | ||||||
7 | craft growers may procure or process industrial hemp in the | ||||||
8 | form of distillate or isolate. Licensed infusers may procure | ||||||
9 | industrial hemp in the form of distillate or isolate. | ||||||
10 | (h) Hemp and hemp derivatives may not be used to | ||||||
11 | concentrate or to synthesize intoxicating compounds and may | ||||||
12 | not exceed 0.3% THC. | ||||||
13 | (l) Final products containing hemp or hemp derivatives | ||||||
14 | sold by a cannabis business establishment shall be | ||||||
15 | cannabis-infused products and shall be subject to the | ||||||
16 | requirements of the Compassionate Use of Medical Cannabis Act | ||||||
17 | and the Cannabis Regulation and Tax Act and any applicable | ||||||
18 | administrative rules. | ||||||
19 | (410 ILCS 705/55-35) | ||||||
20 | Sec. 55-35. Administrative rulemaking. | ||||||
21 | (a) No later than 180 days after the effective date of this | ||||||
22 | Act, the Department of Agriculture, the Illinois State Police, | ||||||
23 | the Department of Financial and Professional Regulation, the | ||||||
24 | Department of Revenue, the Department of Commerce and Economic | ||||||
25 | Opportunity, and the Treasurer's Office shall adopt permanent |
| |||||||
| |||||||
1 | rules in accordance with their responsibilities under this | ||||||
2 | Act. The Department of Agriculture, the Illinois State Police, | ||||||
3 | the Department of Financial and Professional Regulation, the | ||||||
4 | Department of Revenue, and the Department of Commerce and | ||||||
5 | Economic Opportunity may adopt rules necessary to regulate | ||||||
6 | personal cannabis use through the use of emergency rulemaking | ||||||
7 | in accordance with subsection (gg) of Section 5-45 of the | ||||||
8 | Illinois Administrative Procedure Act. The General Assembly | ||||||
9 | finds that the adoption of rules to regulate cannabis use is | ||||||
10 | deemed an emergency and necessary for the public interest, | ||||||
11 | safety, and welfare. | ||||||
12 | (b) The Department of Agriculture rules may address, but | ||||||
13 | are not limited to, the following matters related to | ||||||
14 | cultivation centers, craft growers, infuser organizations, and | ||||||
15 | transporting organizations with the goal of protecting against | ||||||
16 | diversion and theft, without imposing an undue burden on the | ||||||
17 | cultivation centers, craft growers, infuser organizations, or | ||||||
18 | transporting organizations: | ||||||
19 | (1) oversight requirements for cultivation centers, | ||||||
20 | craft growers, infuser organizations, and transporting | ||||||
21 | organizations; | ||||||
22 | (2) recordkeeping requirements for cultivation | ||||||
23 | centers, craft growers, infuser organizations, and | ||||||
24 | transporting organizations; | ||||||
25 | (3) security requirements for cultivation centers, | ||||||
26 | craft growers, infuser organizations, and transporting |
| |||||||
| |||||||
1 | organizations, which shall include that each cultivation | ||||||
2 | center, craft grower, infuser organization, and | ||||||
3 | transporting organization location must be protected by a | ||||||
4 | fully operational security alarm system; | ||||||
5 | (4) standards for enclosed, locked facilities under | ||||||
6 | this Act; | ||||||
7 | (5) procedures for suspending or revoking the | ||||||
8 | identification cards of agents of cultivation centers, | ||||||
9 | craft growers, infuser organizations, and transporting | ||||||
10 | organizations that commit violations of this Act or the | ||||||
11 | rules adopted under this Section; | ||||||
12 | (6) rules concerning the intrastate transportation of | ||||||
13 | cannabis from a cultivation center, craft grower, infuser | ||||||
14 | organization, and transporting organization to a | ||||||
15 | dispensing organization; | ||||||
16 | (7) standards concerning the testing, quality, | ||||||
17 | cultivation, and processing of cannabis; and | ||||||
18 | (7.5) standards and rules for the investigation and | ||||||
19 | enforcement of unregulated and unlicensed sale of cannabis | ||||||
20 | and cannabis products; and | ||||||
21 | (8) any other matters under oversight by the | ||||||
22 | Department of Agriculture as are necessary for the fair, | ||||||
23 | impartial, stringent, and comprehensive administration of | ||||||
24 | this Act. | ||||||
25 | (b-5) Notwithstanding any standards and rules developed | ||||||
26 | under paragraph (7.5) of subsection (b) of this Section, the |
| |||||||
| |||||||
1 | Department of Agriculture shall update through official | ||||||
2 | guidance and publish publicly on its website the cannabinoids | ||||||
3 | that it deems tetrahydrocannabinol or THC on or before January | ||||||
4 | 1 and July 1 of each calendar year. | ||||||
5 | (c) The Department of Financial and Professional | ||||||
6 | Regulation rules may address, but are not limited to, the | ||||||
7 | following matters related to dispensing organizations, with | ||||||
8 | the goal of protecting against diversion and theft, without | ||||||
9 | imposing an undue burden on the dispensing organizations: | ||||||
10 | (1) oversight requirements for dispensing | ||||||
11 | organizations; | ||||||
12 | (2) recordkeeping requirements for dispensing | ||||||
13 | organizations; | ||||||
14 | (3) security requirements for dispensing | ||||||
15 | organizations, which shall include that each dispensing | ||||||
16 | organization location must be protected by a fully | ||||||
17 | operational security alarm system; | ||||||
18 | (4) procedures for suspending or revoking the licenses | ||||||
19 | of dispensing organization agents that commit violations | ||||||
20 | of this Act or the rules adopted under this Act; | ||||||
21 | (4.5) standards and rules for the investigation and | ||||||
22 | enforcement of unregulated and unlicensed sale of cannabis | ||||||
23 | and cannabis products; and | ||||||
24 | (5) any other matters under oversight by the | ||||||
25 | Department of Financial and Professional Regulation that | ||||||
26 | are necessary for the fair, impartial, stringent, and |
| |||||||
| |||||||
1 | comprehensive administration of this Act. | ||||||
2 | (d) The Department of Revenue rules may address, but are | ||||||
3 | not limited to, the following matters related to the payment | ||||||
4 | of taxes by cannabis business establishments: | ||||||
5 | (1) recording of sales; | ||||||
6 | (2) documentation of taxable income and expenses; | ||||||
7 | (3) transfer of funds for the payment of taxes; or | ||||||
8 | (4) any other matter under the oversight of the | ||||||
9 | Department of Revenue. | ||||||
10 | (e) The Department of Commerce and Economic Opportunity | ||||||
11 | rules may address, but are not limited to, a loan program or | ||||||
12 | grant program to assist Social Equity Applicants access the | ||||||
13 | capital needed to start a cannabis business establishment. The | ||||||
14 | names of recipients and the amounts of any moneys received | ||||||
15 | through a loan program or grant program shall be a public | ||||||
16 | record. | ||||||
17 | (f) The Illinois State Police rules may address | ||||||
18 | enforcement of its authority under this Act. The Illinois | ||||||
19 | State Police shall not make rules that infringe on the | ||||||
20 | exclusive authority of the Department of Financial and | ||||||
21 | Professional Regulation or the Department of Agriculture over | ||||||
22 | licensees under this Act. | ||||||
23 | (g) The Department of Human Services shall develop and | ||||||
24 | disseminate: | ||||||
25 | (1) educational information about the health risks | ||||||
26 | associated with the use of cannabis; and |
| |||||||
| |||||||
1 | (2) one or more public education campaigns in | ||||||
2 | coordination with local health departments and community | ||||||
3 | organizations, including one or more prevention campaigns | ||||||
4 | directed at children, adolescents, parents, and pregnant | ||||||
5 | or breastfeeding women, to inform them of the potential | ||||||
6 | health risks associated with intentional or unintentional | ||||||
7 | cannabis use. | ||||||
8 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; | ||||||
9 | 102-538, eff. 8-20-21.) | ||||||
10 | (410 ILCS 705/60-10) | ||||||
11 | Sec. 60-10. Tax imposed. | ||||||
12 | (a) Beginning September 1, 2019, a tax is imposed upon the | ||||||
13 | privilege of cultivating cannabis at the rate of 7% of the | ||||||
14 | gross receipts from the first sale of cannabis by a | ||||||
15 | cultivator. The sale of any product that contains any amount | ||||||
16 | of cannabis or any derivative thereof is subject to the tax | ||||||
17 | under this Section on the full selling price of the product. | ||||||
18 | The Department may determine the selling price of the cannabis | ||||||
19 | when the seller and purchaser are affiliated persons, when the | ||||||
20 | sale and purchase of cannabis is not an arm's length | ||||||
21 | transaction, or when cannabis is transferred by a craft grower | ||||||
22 | to the craft grower's dispensing organization or infuser or | ||||||
23 | processing organization and a value is not established for the | ||||||
24 | cannabis. The value determined by the Department shall be | ||||||
25 | commensurate with the actual price received for products of |
| |||||||
| |||||||
1 | like quality, character, and use in the area. If there are no | ||||||
2 | sales of cannabis of like quality, character, and use in the | ||||||
3 | same area, then the Department shall establish a reasonable | ||||||
4 | value based on sales of products of like quality, character, | ||||||
5 | and use in other areas of the State, taking into consideration | ||||||
6 | any other relevant factors. | ||||||
7 | (a-5) Beginning July 1, 2025, a tax is imposed upon the | ||||||
8 | privilege of processing hemp-derived intoxicating products at | ||||||
9 | the rate of 7% of the gross receipts from the hemp | ||||||
10 | manufacturer's sale of a hemp-derived intoxicating product to | ||||||
11 | a craft grower or infuser. The sale of any hemp-derived | ||||||
12 | intoxicating product as defined in the Hemp Consumer Products | ||||||
13 | Act is subject to the tax under this Section on the full | ||||||
14 | selling price of the product. The Department may determine the | ||||||
15 | selling price of the hemp-derived intoxicating product when | ||||||
16 | the seller and purchaser are affiliated persons or when the | ||||||
17 | sale and purchase of a hemp-derived intoxicating product is | ||||||
18 | not an arm's length transaction. The value determined by the | ||||||
19 | Department shall be commensurate with the actual price | ||||||
20 | received for products of like quality, character, and use in | ||||||
21 | the area. If there are no sales of hemp-derived intoxicating | ||||||
22 | products of like quality, character, and use in the same area, | ||||||
23 | then the Department shall establish a reasonable value based | ||||||
24 | on sales of products of like quality, character, and use in | ||||||
25 | other areas of the State, taking into consideration any other | ||||||
26 | relevant factors. |
| |||||||
| |||||||
1 | (b) The Cannabis Cultivation Privilege Tax imposed under | ||||||
2 | this Article is solely the responsibility of the cultivator | ||||||
3 | who makes the first sale and is not the responsibility of a | ||||||
4 | subsequent purchaser, a dispensing organization, or an | ||||||
5 | infuser. Persons subject to the tax imposed under this Article | ||||||
6 | may, however, reimburse themselves for their tax liability | ||||||
7 | hereunder by separately stating reimbursement for their tax | ||||||
8 | liability as an additional charge. | ||||||
9 | (c) The tax imposed under this Article shall be in | ||||||
10 | addition to all other occupation, privilege, or excise taxes | ||||||
11 | imposed by the State of Illinois or by any unit of local | ||||||
12 | government. | ||||||
13 | (Source: P.A. 101-27, eff. 6-25-19.) | ||||||
14 | (410 ILCS 705/60-15) | ||||||
15 | Sec. 60-15. Registration of cultivators. Every cultivator | ||||||
16 | and craft grower subject to the tax under this Article shall | ||||||
17 | apply to the Department of Revenue for a certificate of | ||||||
18 | registration under this Article. All applications for | ||||||
19 | registration under this Article shall be made by electronic | ||||||
20 | means in the form and manner required by the Department. For | ||||||
21 | that purpose, the provisions of Section 2a of the Retailers' | ||||||
22 | Occupation Tax Act are incorporated into this Article to the | ||||||
23 | extent not inconsistent with this Article. In addition, no | ||||||
24 | certificate of registration shall be issued under this Article | ||||||
25 | unless the applicant is licensed under this Act or is licensed |
| |||||||
| |||||||
1 | as a hemp consumer products manufacturer under the Hemp | ||||||
2 | Consumer Products Act . | ||||||
3 | (Source: P.A. 101-27, eff. 6-25-19.) | ||||||
4 | (410 ILCS 705/60-20) | ||||||
5 | Sec. 60-20. Return and payment of cannabis cultivation | ||||||
6 | privilege tax. Each person who is required to pay the tax | ||||||
7 | imposed by this Article shall make a return to the Department | ||||||
8 | on or before the 20th day of each month for the preceding | ||||||
9 | calendar month stating the following: | ||||||
10 | (1) the taxpayer's name; | ||||||
11 | (2) the address of the taxpayer's principal place of | ||||||
12 | business and the address of the principal place of | ||||||
13 | business (if that is a different address) from which the | ||||||
14 | taxpayer is engaged in the business of cultivating | ||||||
15 | cannabis subject to tax under this Article; | ||||||
16 | (3) the total amount of receipts received by the | ||||||
17 | taxpayer during the preceding calendar month from sales of | ||||||
18 | cannabis or hemp-derived intoxicating products subject to | ||||||
19 | tax under this Article by the taxpayer during the | ||||||
20 | preceding calendar month; | ||||||
21 | (4) the total amount received by the taxpayer during | ||||||
22 | the preceding calendar month on charge and time sales of | ||||||
23 | cannabis subject to tax imposed under this Article by the | ||||||
24 | taxpayer before the month for which the return is filed; | ||||||
25 | (5) deductions allowed by law; |
| |||||||
| |||||||
1 | (6) gross receipts that were received by the taxpayer | ||||||
2 | during the preceding calendar month and upon the basis of | ||||||
3 | which the tax is imposed; | ||||||
4 | (7) the amount of tax due; | ||||||
5 | (8) the signature of the taxpayer; and | ||||||
6 | (9) any other information as the Department may | ||||||
7 | reasonably require. | ||||||
8 | All returns required to be filed and payments required to | ||||||
9 | be made under this Article shall be by electronic means. | ||||||
10 | Taxpayers who demonstrate hardship in paying electronically | ||||||
11 | may petition the Department to waive the electronic payment | ||||||
12 | requirement. The Department may require a separate return for | ||||||
13 | the tax under this Article or combine the return for the tax | ||||||
14 | under this Article with the return for the tax under the | ||||||
15 | Compassionate Use of Medical Cannabis Program Act. If the | ||||||
16 | return for the tax under this Article is combined with the | ||||||
17 | return for tax under the Compassionate Use of Medical Cannabis | ||||||
18 | Program Act, then the vendor's discount allowed under this | ||||||
19 | Section and any cap on that discount shall apply to the | ||||||
20 | combined return. The taxpayer making the return provided for | ||||||
21 | in this Section shall also pay to the Department, in | ||||||
22 | accordance with this Section, the amount of tax imposed by | ||||||
23 | this Article, less a discount of 1.75%, but not to exceed | ||||||
24 | $1,000 per return period, which is allowed to reimburse the | ||||||
25 | taxpayer for the expenses incurred in keeping records, | ||||||
26 | collecting tax, preparing and filing returns, remitting the |
| |||||||
| |||||||
1 | tax, and supplying data to the Department upon request. No | ||||||
2 | discount may be claimed by a taxpayer on returns not timely | ||||||
3 | filed and for taxes not timely remitted. No discount may be | ||||||
4 | claimed by a taxpayer for any return that is not filed | ||||||
5 | electronically. No discount may be claimed by a taxpayer for | ||||||
6 | any payment that is not made electronically, unless a waiver | ||||||
7 | has been granted under this Section. Any amount that is | ||||||
8 | required to be shown or reported on any return or other | ||||||
9 | document under this Article shall, if the amount is not a | ||||||
10 | whole-dollar amount, be increased to the nearest whole-dollar | ||||||
11 | amount if the fractional part of a dollar is $0.50 or more and | ||||||
12 | decreased to the nearest whole-dollar amount if the fractional | ||||||
13 | part of a dollar is less than $0.50. If a total amount of less | ||||||
14 | than $1 is payable, refundable, or creditable, the amount | ||||||
15 | shall be disregarded if it is less than $0.50 and shall be | ||||||
16 | increased to $1 if it is $0.50 or more. Notwithstanding any | ||||||
17 | other provision of this Article concerning the time within | ||||||
18 | which a taxpayer may file a return, any such taxpayer who | ||||||
19 | ceases to engage in the kind of business that makes the person | ||||||
20 | responsible for filing returns under this Article shall file a | ||||||
21 | final return under this Article with the Department within one | ||||||
22 | month after discontinuing such business. | ||||||
23 | Each taxpayer under this Article shall make estimated | ||||||
24 | payments to the Department on or before the 7th, 15th, 22nd, | ||||||
25 | and last day of the month during which tax liability to the | ||||||
26 | Department is incurred. The payments shall be in an amount not |
| |||||||
| |||||||
1 | less than the lower of either 22.5% of the taxpayer's actual | ||||||
2 | tax liability for the month or 25% of the taxpayer's actual tax | ||||||
3 | liability for the same calendar month of the preceding year. | ||||||
4 | The amount of the quarter-monthly payments shall be credited | ||||||
5 | against the final tax liability of the taxpayer's return for | ||||||
6 | that month. If any quarter-monthly payment is not paid at the | ||||||
7 | time or in the amount required by this Section, then the | ||||||
8 | taxpayer shall be liable for penalties and interest on the | ||||||
9 | difference between the minimum amount due as a payment and the | ||||||
10 | amount of the quarter-monthly payment actually and timely | ||||||
11 | paid, except insofar as the taxpayer has previously made | ||||||
12 | payments for that month to the Department in excess of the | ||||||
13 | minimum payments previously due as provided in this Section. | ||||||
14 | If any payment provided for in this Section exceeds the | ||||||
15 | taxpayer's liabilities under this Article, as shown on an | ||||||
16 | original monthly return, the Department shall, if requested by | ||||||
17 | the taxpayer, issue to the taxpayer a credit memorandum no | ||||||
18 | later than 30 days after the date of payment. The credit | ||||||
19 | evidenced by the credit memorandum may be assigned by the | ||||||
20 | taxpayer to a similar taxpayer under this Act, in accordance | ||||||
21 | with reasonable rules to be prescribed by the Department. If | ||||||
22 | no such request is made, the taxpayer may credit the excess | ||||||
23 | payment against tax liability subsequently to be remitted to | ||||||
24 | the Department under this Act, in accordance with reasonable | ||||||
25 | rules prescribed by the Department. If the Department | ||||||
26 | subsequently determines that all or any part of the credit |
| |||||||
| |||||||
1 | taken was not actually due to the taxpayer, the taxpayer's | ||||||
2 | discount shall be reduced, if necessary, to reflect the | ||||||
3 | difference between the credit taken and that actually due, and | ||||||
4 | that taxpayer shall be liable for penalties and interest on | ||||||
5 | the difference. | ||||||
6 | If a taxpayer fails to sign a return within 30 days after | ||||||
7 | the proper notice and demand for signature by the Department | ||||||
8 | is received by the taxpayer, the return shall be considered | ||||||
9 | valid and any amount shown to be due on the return shall be | ||||||
10 | deemed assessed. | ||||||
11 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) | ||||||
12 | Section 820. The Industrial Hemp Act is amended by | ||||||
13 | changing Sections 5, 10, and 20 and by adding Section 30 as | ||||||
14 | follows: | ||||||
15 | (505 ILCS 89/5) | ||||||
16 | Sec. 5. Definitions. In this Act: | ||||||
17 | "Department" means the Department of Agriculture. | ||||||
18 | "Director" means the Director of Agriculture. | ||||||
19 | "Hemp" or "industrial hemp" means the plant species | ||||||
20 | Cannabis sativa L. and any part of that plant, including the | ||||||
21 | seeds thereof and all derivatives, extracts, cannabinoids, | ||||||
22 | isomers, acids, salts, and salts of isomers, whether growing | ||||||
23 | or not, with a total delta-9 tetrahydrocannabinol | ||||||
24 | concentration of not more than 0.3 percent on a dry weight |
| |||||||
| |||||||
1 | basis. "Hemp" or "industrial hemp" means the plant Cannabis | ||||||
2 | sativa L. and any part of that plant, whether growing or not, | ||||||
3 | with a delta-9 tetrahydrocannabinol concentration of not more | ||||||
4 | than 0.3 percent on a dry weight basis and includes any | ||||||
5 | intermediate or finished product made or derived from | ||||||
6 | industrial hemp. | ||||||
7 | "Hemp production plan" means a plan submitted by the | ||||||
8 | Department to the Secretary of the United States Department of | ||||||
9 | Agriculture pursuant to the federal Agriculture Improvement | ||||||
10 | Act of 2018, Public Law 115-334, and consistent with the | ||||||
11 | Domestic Hemp Production Program pursuant to 7 CFR Part 990 | ||||||
12 | wherein the Department establishes its desire to have primary | ||||||
13 | regulatory authority over the production of hemp. | ||||||
14 | "Industrial hemp processor" means any entity that | ||||||
15 | processes or handles industrial hemp into a final product not | ||||||
16 | intended for human or animal consumption that is registered | ||||||
17 | with the Department. "Industrial hemp processor" includes, | ||||||
18 | until the availability of a hemp consumer product manufacturer | ||||||
19 | license under the Hemp Consumer Product Act, any entity that | ||||||
20 | processes or handles industrial hemp. | ||||||
21 | "Industrial hemp product" means any finished product made | ||||||
22 | or derived from industrial hemp that is not intended for human | ||||||
23 | or animal consumption by any means. An industrial hemp product | ||||||
24 | shall not include any edible, topical, or beverage product or | ||||||
25 | any product that may be smoked or vaped. | ||||||
26 | "Land area" means a farm as defined in Section 1-60 of the |
| |||||||
| |||||||
1 | Property Tax Code in this State or land or facilities under the | ||||||
2 | control of an institution of higher education. | ||||||
3 | "Person" means any individual, partnership, firm, | ||||||
4 | corporation, company, society, association, the State or any | ||||||
5 | department, agency, or subdivision thereof, or any other | ||||||
6 | entity. | ||||||
7 | "Process" means the conversion of raw industrial hemp | ||||||
8 | plant material into a form that is presently legal to import | ||||||
9 | from outside the United States under federal law . | ||||||
10 | "THC" means delta-9 tetrahydrocannabinol. | ||||||
11 | (Source: P.A. 102-690, eff. 12-17-21.) | ||||||
12 | (505 ILCS 89/10) | ||||||
13 | Sec. 10. Licenses and registration. | ||||||
14 | (a) No person shall cultivate industrial hemp in this | ||||||
15 | State without a license issued by the Department. | ||||||
16 | (b) The application for a license shall include: | ||||||
17 | (1) the name and address of the applicant; | ||||||
18 | (2) the legal description of the land area, including | ||||||
19 | Global Positioning System coordinates, to be used to | ||||||
20 | cultivate industrial hemp; and | ||||||
21 | (3) if federal law requires a research purpose for the | ||||||
22 | cultivation of industrial hemp, a description of one or | ||||||
23 | more research purposes planned for the cultivation of | ||||||
24 | industrial hemp which may include the study of the growth, | ||||||
25 | cultivation, or marketing of industrial hemp; however, the |
| |||||||
| |||||||
1 | research purpose requirement shall not be construed to | ||||||
2 | limit the commercial sale of industrial hemp. | ||||||
3 | (b-5) A person shall not process industrial hemp in this | ||||||
4 | State without registering with the Department as an industrial | ||||||
5 | hemp processor on a form prescribed by the Department. | ||||||
6 | (c) The Department may determine, by rule, the duration of | ||||||
7 | a license or registration; application, registration, and | ||||||
8 | license fees; and the requirements for license or registration | ||||||
9 | renewal. | ||||||
10 | (Source: P.A. 102-690, eff. 12-17-21.) | ||||||
11 | (505 ILCS 89/20) | ||||||
12 | Sec. 20. Hemp products. Nothing in this Act shall alter | ||||||
13 | the legality of industrial hemp or hemp products not intended | ||||||
14 | for human or animal consumption by any means. The manufacture, | ||||||
15 | sale, and advertisement of all hemp or hemp products that are | ||||||
16 | intended for human or animal consumption by any means are | ||||||
17 | regulated under the Hemp Consumer Products Act hemp or hemp | ||||||
18 | products that are presently legal to possess or own . | ||||||
19 | (Source: P.A. 100-1091, eff. 8-26-18.) | ||||||
20 | (505 ILCS 89/30 new) | ||||||
21 | Sec. 30. Industrial Hemp processing. | ||||||
22 | (a) A person may not process industrial hemp in this State | ||||||
23 | without registering with the Department on a form prescribed | ||||||
24 | by the Department. |
| |||||||
| |||||||
1 | (b) The application shall include: | ||||||
2 | (1) the name and address of the applicant; and | ||||||
3 | (2) the address of the location at which hemp will be | ||||||
4 | processed. | ||||||
5 | (3) A certification that the hemp processor shall not | ||||||
6 | produce, process or manufacture any product derived from | ||||||
7 | hemp intended for human or animal consumption or produce, | ||||||
8 | process, or manufacture any product that will be provided, | ||||||
9 | transferred or sold to a different entity that will create | ||||||
10 | products intended for human or animal consumption. | ||||||
11 | (4) A description of the processes that the industrial | ||||||
12 | hemp processor will be performing. | ||||||
13 | (c) The Department may determine, by rule, the duration of | ||||||
14 | a hemp processor registration, application, and registration | ||||||
15 | fees, and the requirements for registration renewal. | ||||||
16 | (d) An industrial hemp processor shall be prohibited from | ||||||
17 | extracting, concentrating, or synthesize hemp | ||||||
18 | phytocannabinoids. | ||||||
19 | (e) Beginning July 1, 2025, all active hemp processing | ||||||
20 | registrations that process or manufacture products derived | ||||||
21 | from hemp intended for human or animal consumption shall be | ||||||
22 | regulated under the Hemp Consumer Products Act. Hemp | ||||||
23 | processing shall not be regulated under the Industrial Hemp | ||||||
24 | Act. By July 1, 2025, the Department of Agriculture shall | ||||||
25 | create a process to provide each active hemp processor | ||||||
26 | registrant that processes or produces products intended for |
| |||||||
| |||||||
1 | human or animal consumption by any means with a Hemp Consumer | ||||||
2 | Products Act hemp consumer product manufacturering license. | ||||||
3 | (f) The Department may revoke the registration of any | ||||||
4 | industrial hemp processor that processes or manufactures | ||||||
5 | products derived from hemp intended for human or animal | ||||||
6 | consumption and fails to register as a hemp consumer product | ||||||
7 | manufacturer under the Hemp Consumer Products Act by September | ||||||
8 | 1, 2025. All industrial hemp processors that are not | ||||||
9 | processing or manufacturing products derived from hemp | ||||||
10 | intended for human or animal consumption shall provide the | ||||||
11 | Department with a certification that they are not processing | ||||||
12 | or manufacturing products intended for human or animal | ||||||
13 | consumption by September 1, 2025. The Department may revoke | ||||||
14 | the registration of any industrial hemp processor that fails | ||||||
15 | to provide the Department with a certification by September 1, | ||||||
16 | 2025. | ||||||
17 | (g) The Department may inspect industrial hemp processors | ||||||
18 | to ensure compliance with this Act and administrative rules. | ||||||
19 | (h) Upon the effective date of this amendatory Act of the | ||||||
20 | 103rd General Assembly, Cannabis business establishments | ||||||
21 | licensed under the Cannabis Regulation and Tax Act shall not | ||||||
22 | be required to obtain a hemp processor registration or hemp | ||||||
23 | consumer product manufacturer license. | ||||||
24 | Section 825. The Cannabis Control Act is amended by | ||||||
25 | changing Sections 3, 4, 5, and 5.1 as follows: |
| |||||||
| |||||||
1 | (720 ILCS 550/3) (from Ch. 56 1/2, par. 703) | ||||||
2 | Sec. 3. As used in this Act, unless the context otherwise | ||||||
3 | requires: | ||||||
4 | (a) "Cannabis" includes marihuana, hashish and other | ||||||
5 | substances which are identified as including any parts of the | ||||||
6 | plant Cannabis Sativa, whether growing or not; the seeds | ||||||
7 | thereof, the resin extracted from any part of such plant; and | ||||||
8 | any compound, manufacture, salt, derivative, mixture, or | ||||||
9 | preparation of such plant, its seeds, or resin, including | ||||||
10 | tetrahydrocannabinol (THC) and all other cannabinol | ||||||
11 | derivatives, including its naturally occurring or | ||||||
12 | synthetically produced ingredients, whether produced directly | ||||||
13 | or indirectly by extraction, or independently by means of | ||||||
14 | chemical synthesis or by a combination of extraction and | ||||||
15 | chemical synthesis , including, but not limited to, any | ||||||
16 | structural, optical, or geometric isomers of THC, or any | ||||||
17 | chemical compound that mimics THC ; but shall not include the | ||||||
18 | mature stalks of such plant, fiber produced from such stalks, | ||||||
19 | oil or cake made from the seeds of such plant, any other | ||||||
20 | compound, manufacture, salt, derivative, mixture, or | ||||||
21 | preparation of such mature stalks (except the resin extracted | ||||||
22 | therefrom), fiber, oil or cake, or the sterilized seed of such | ||||||
23 | plant which is incapable of germination. | ||||||
24 | (b) "Casual delivery" means the delivery of not more than | ||||||
25 | 10 grams of any substance containing cannabis without |
| |||||||
| |||||||
1 | consideration. | ||||||
2 | (c) "Department" means the Illinois Department of Human | ||||||
3 | Services (as successor to the Department of Alcoholism and | ||||||
4 | Substance Abuse) or its successor agency. | ||||||
5 | (d) "Deliver" or "delivery" means the actual, constructive | ||||||
6 | or attempted transfer of possession of cannabis, with or | ||||||
7 | without consideration, whether or not there is an agency | ||||||
8 | relationship. | ||||||
9 | (e) (Blank). | ||||||
10 | (f) "Director" means the Director of the Illinois State | ||||||
11 | Police or his designated agent. | ||||||
12 | (g) "Local authorities" means a duly organized State, | ||||||
13 | county, or municipal peace unit or police force. | ||||||
14 | (h) "Manufacture" means the production, preparation, | ||||||
15 | propagation, compounding, conversion or processing of | ||||||
16 | cannabis, either directly or indirectly, by extraction from | ||||||
17 | substances of natural origin, or independently by means of | ||||||
18 | chemical synthesis, or by a combination of extraction and | ||||||
19 | chemical synthesis, and includes any packaging or repackaging | ||||||
20 | of cannabis or labeling of its container, except that this | ||||||
21 | term does not include the preparation, compounding, packaging, | ||||||
22 | or labeling of cannabis as an incident to lawful research, | ||||||
23 | teaching, or chemical analysis and not for sale. | ||||||
24 | (i) "Person" means any individual, corporation, government | ||||||
25 | or governmental subdivision or agency, business trust, estate, | ||||||
26 | trust, partnership or association, or any other entity. |
| |||||||
| |||||||
1 | (j) "Produce" or "production" means planting, cultivating, | ||||||
2 | tending or harvesting. | ||||||
3 | (k) "State" includes the State of Illinois and any state, | ||||||
4 | district, commonwealth, territory, insular possession thereof, | ||||||
5 | and any area subject to the legal authority of the United | ||||||
6 | States of America. | ||||||
7 | (l) "Subsequent offense" means an offense under this Act, | ||||||
8 | the offender of which, prior to his conviction of the offense, | ||||||
9 | has at any time been convicted under this Act or under any laws | ||||||
10 | of the United States or of any state relating to cannabis, or | ||||||
11 | any controlled substance as defined in the Illinois Controlled | ||||||
12 | Substances Act. | ||||||
13 | (m) "Tetrahydrocannabinol" or "THC" means any naturally | ||||||
14 | occurring or synthetic tetrahydrocannabinol, including its | ||||||
15 | salts, isomers, and salts of isomers whenever the existence of | ||||||
16 | such salts, isomers, and salts of isomers is possible within | ||||||
17 | the specific chemical designation and any preparation, | ||||||
18 | mixture, or substance containing, or mixed or infused with, | ||||||
19 | any detectable amount of tetrahydrocannabinol or | ||||||
20 | tetrahydrocannabolic acid, including, but not limited to, | ||||||
21 | delta-8-tetrahydrocannabinol, delta-9-tetrahydrocannabinol, | ||||||
22 | delta-10-tetrahydrocannabinol, tetrahydrocannabolic acid, | ||||||
23 | tetrahydrocannabipherol, or hexahydrocannabinol, however | ||||||
24 | derived, or any other substance determined to have similar | ||||||
25 | intoxicating effects on the mind or body by the Department of | ||||||
26 | Agriculture. As used in this definition, "isomer" means the |
| |||||||
| |||||||
1 | optical, position, and geometric isomers. | ||||||
2 | (Source: P.A. 101-593, eff. 12-4-19; 102-538, eff. 8-20-21.) | ||||||
3 | (720 ILCS 550/4) (from Ch. 56 1/2, par. 704) | ||||||
4 | Sec. 4. Except as otherwise provided in the Cannabis | ||||||
5 | Regulation and Tax Act , Hemp Consumer Products Act, and the | ||||||
6 | Industrial Hemp Act, it is unlawful for any person knowingly | ||||||
7 | to possess cannabis. | ||||||
8 | Any person who violates this Section with respect to: | ||||||
9 | (a) not more than 10 grams of any substance containing | ||||||
10 | cannabis is guilty of a civil law violation punishable by | ||||||
11 | a minimum fine of $100 and a maximum fine of $200. The | ||||||
12 | proceeds of the fine shall be payable to the clerk of the | ||||||
13 | circuit court. Within 30 days after the deposit of the | ||||||
14 | fine, the clerk shall distribute the proceeds of the fine | ||||||
15 | as follows: | ||||||
16 | (1) $10 of the fine to the circuit clerk and $10 of | ||||||
17 | the fine to the law enforcement agency that issued the | ||||||
18 | citation; the proceeds of each $10 fine distributed to | ||||||
19 | the circuit clerk and each $10 fine distributed to the | ||||||
20 | law enforcement agency that issued the citation for | ||||||
21 | the violation shall be used to defer the cost of | ||||||
22 | automatic expungements under paragraph (2.5) of | ||||||
23 | subsection (a) of Section 5.2 of the Criminal | ||||||
24 | Identification Act; | ||||||
25 | (2) $15 to the county to fund drug addiction |
| |||||||
| |||||||
1 | services; | ||||||
2 | (3) $10 to the Office of the State's Attorneys | ||||||
3 | Appellate Prosecutor for use in training programs; | ||||||
4 | (4) $10 to the State's Attorney; and | ||||||
5 | (5) any remainder of the fine to the law | ||||||
6 | enforcement agency that issued the citation for the | ||||||
7 | violation. | ||||||
8 | With respect to funds designated for the Illinois | ||||||
9 | State Police, the moneys shall be remitted by the circuit | ||||||
10 | court clerk to the Illinois State Police within one month | ||||||
11 | after receipt for deposit into the State Police Operations | ||||||
12 | Assistance Fund. With respect to funds designated for the | ||||||
13 | Department of Natural Resources, the Department of Natural | ||||||
14 | Resources shall deposit the moneys into the Conservation | ||||||
15 | Police Operations Assistance Fund; | ||||||
16 | (b) more than 10 grams but not more than 30 grams of | ||||||
17 | any substance containing cannabis is guilty of a Class B | ||||||
18 | misdemeanor; | ||||||
19 | (c) more than 30 grams but not more than 100 grams of | ||||||
20 | any substance containing cannabis is guilty of a Class A | ||||||
21 | misdemeanor; provided, that if any offense under this | ||||||
22 | subsection (c) is a subsequent offense, the offender shall | ||||||
23 | be guilty of a Class 4 felony; | ||||||
24 | (d) more than 100 grams but not more than 500 grams of | ||||||
25 | any substance containing cannabis is guilty of a Class 4 | ||||||
26 | felony; provided that if any offense under this subsection |
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1 | (d) is a subsequent offense, the offender shall be guilty | ||||||
2 | of a Class 3 felony; | ||||||
3 | (e) more than 500 grams but not more than 2,000 grams | ||||||
4 | of any substance containing cannabis is guilty of a Class | ||||||
5 | 3 felony; | ||||||
6 | (f) more than 2,000 grams but not more than 5,000 | ||||||
7 | grams of any substance containing cannabis is guilty of a | ||||||
8 | Class 2 felony; | ||||||
9 | (g) more than 5,000 grams of any substance containing | ||||||
10 | cannabis is guilty of a Class 1 felony. | ||||||
11 | Fines and assessments, such as fees or administrative | ||||||
12 | costs, authorized under this Section shall not be ordered or | ||||||
13 | imposed against a minor subject to Article III, IV, or V of the | ||||||
14 | Juvenile Court Act of 1987, or a minor under the age of 18 | ||||||
15 | transferred to adult court or excluded from juvenile court | ||||||
16 | jurisdiction under Article V of the Juvenile Court Act of | ||||||
17 | 1987, or the minor's parent, guardian, or legal custodian. | ||||||
18 | (Source: P.A. 102-538, eff. 8-20-21; 103-379, eff. 7-28-23.) | ||||||
19 | (720 ILCS 550/5) (from Ch. 56 1/2, par. 705) | ||||||
20 | Sec. 5. Except as otherwise provided in the Cannabis | ||||||
21 | Regulation and Tax Act , Hemp Consumer Products Act, and the | ||||||
22 | Industrial Hemp Act, it is unlawful for any person knowingly | ||||||
23 | to manufacture, deliver, or possess with intent to deliver, or | ||||||
24 | manufacture, cannabis. Any person who violates this Section | ||||||
25 | with respect to: |
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1 | (a) not more than 2.5 grams of any substance | ||||||
2 | containing cannabis is guilty of a Class B misdemeanor; | ||||||
3 | (b) more than 2.5 grams but not more than 10 grams of | ||||||
4 | any substance containing cannabis is guilty of a Class A | ||||||
5 | misdemeanor; | ||||||
6 | (c) more than 10 grams but not more than 30 grams of | ||||||
7 | any substance containing cannabis is guilty of a Class 4 | ||||||
8 | felony; | ||||||
9 | (d) more than 30 grams but not more than 500 grams of | ||||||
10 | any substance containing cannabis is guilty of a Class 3 | ||||||
11 | felony for which a fine not to exceed $50,000 may be | ||||||
12 | imposed; | ||||||
13 | (e) more than 500 grams but not more than 2,000 grams | ||||||
14 | of any substance containing cannabis is guilty of a Class | ||||||
15 | 2 felony for which a fine not to exceed $100,000 may be | ||||||
16 | imposed; | ||||||
17 | (f) more than 2,000 grams but not more than 5,000 | ||||||
18 | grams of any substance containing cannabis is guilty of a | ||||||
19 | Class 1 felony for which a fine not to exceed $150,000 may | ||||||
20 | be imposed; | ||||||
21 | (g) more than 5,000 grams of any substance containing | ||||||
22 | cannabis is guilty of a Class X felony for which a fine not | ||||||
23 | to exceed $200,000 may be imposed. | ||||||
24 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) | ||||||
25 | (720 ILCS 550/5.1) (from Ch. 56 1/2, par. 705.1) |
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1 | Sec. 5.1. Cannabis trafficking. | ||||||
2 | (a) Except for purposes authorized by this Act, the | ||||||
3 | Industrial Hemp Act, the Hemp Consumer Products Act, or the | ||||||
4 | Cannabis Regulation and Tax Act, any person who knowingly | ||||||
5 | brings or causes to be brought into this State for the purpose | ||||||
6 | of manufacture or delivery or with the intent to manufacture | ||||||
7 | or deliver 2,500 grams or more of cannabis in this State or any | ||||||
8 | other state or country is guilty of cannabis trafficking. | ||||||
9 | (b) A person convicted of cannabis trafficking shall be | ||||||
10 | sentenced to a term of imprisonment not less than twice the | ||||||
11 | minimum term and fined an amount as authorized by subsection | ||||||
12 | (f) or (g) of Section 5 of this Act, based upon the amount of | ||||||
13 | cannabis brought or caused to be brought into this State, and | ||||||
14 | not more than twice the maximum term of imprisonment and fined | ||||||
15 | twice the amount as authorized by subsection (f) or (g) of | ||||||
16 | Section 5 of this Act, based upon the amount of cannabis | ||||||
17 | brought or caused to be brought into this State. | ||||||
18 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) | ||||||
19 | Section 830. The Consumer Fraud and Deceptive Business | ||||||
20 | Practices Act is amended by changing Section 2Z as follows: | ||||||
21 | (815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z) | ||||||
22 | Sec. 2Z. Violations of other Acts. Any person who | ||||||
23 | knowingly violates the Automotive Repair Act, the Automotive | ||||||
24 | Collision Repair Act, the Home Repair and Remodeling Act, the |
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1 | Dance Studio Act, the Physical Fitness Services Act, the | ||||||
2 | Hearing Instrument Consumer Protection Act, the Illinois Union | ||||||
3 | Label Act, the Installment Sales Contract Act, the Job | ||||||
4 | Referral and Job Listing Services Consumer Protection Act, the | ||||||
5 | Travel Promotion Consumer Protection Act, the Credit Services | ||||||
6 | Organizations Act, the Automatic Telephone Dialers Act, the | ||||||
7 | Pay-Per-Call Services Consumer Protection Act, the Telephone | ||||||
8 | Solicitations Act, the Illinois Funeral or Burial Funds Act, | ||||||
9 | the Cemetery Oversight Act, the Cemetery Care Act, the Safe | ||||||
10 | and Hygienic Bed Act, the Illinois Pre-Need Cemetery Sales | ||||||
11 | Act, the High Risk Home Loan Act, the Payday Loan Reform Act, | ||||||
12 | the Predatory Loan Prevention Act, the Mortgage Rescue Fraud | ||||||
13 | Act, subsection (a) or (b) of Section 3-10 of the Cigarette Tax | ||||||
14 | Act, subsection (a) or (b) of Section 3-10 of the Cigarette Use | ||||||
15 | Tax Act, the Electronic Mail Act, the Internet Caller | ||||||
16 | Identification Act, paragraph (6) of subsection (k) of Section | ||||||
17 | 6-305 of the Illinois Vehicle Code, Section 11-1431, 18d-115, | ||||||
18 | 18d-120, 18d-125, 18d-135, 18d-150, or 18d-153 of the Illinois | ||||||
19 | Vehicle Code, Article 3 of the Residential Real Property | ||||||
20 | Disclosure Act, the Automatic Contract Renewal Act, the | ||||||
21 | Reverse Mortgage Act, Section 25 of the Youth Mental Health | ||||||
22 | Protection Act, the Personal Information Protection Act, or | ||||||
23 | the Student Online Personal Protection Act , or subsection (a) | ||||||
24 | of Section 15-155 of the Cannabis Regulation and Tax Act | ||||||
25 | commits an unlawful practice within the meaning of this Act. | ||||||
26 | (Source: P.A. 100-315, eff. 8-24-17; 100-416, eff. 1-1-18; |
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1 | 100-863, eff. 8-14-18; 101-658, eff. 3-23-21.) | ||||||
2 | Section 999. Effective date. This Act takes effect upon | ||||||
3 | becoming law.". |