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1 | AN ACT concerning health.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Compassionate Use of Medical Cannabis Pilot | |||||||||||||||||||
5 | Program Act is amended by changing Section 85 as follows: | |||||||||||||||||||
6 | (410 ILCS 130/85) | |||||||||||||||||||
7 | (Section scheduled to be repealed on January 1, 2018)
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8 | Sec. 85. Issuance and denial of medical cannabis | |||||||||||||||||||
9 | cultivation permit. | |||||||||||||||||||
10 | (a) The Department of Agriculture may register up to 22 | |||||||||||||||||||
11 | cultivation center registrations for operation. The Department | |||||||||||||||||||
12 | of Agriculture may not issue more than one registration per | |||||||||||||||||||
13 | each Illinois State Police District boundary as specified on | |||||||||||||||||||
14 | the date of January 1, 2013. The Department of Agriculture may | |||||||||||||||||||
15 | not issue less than the 22 registrations if there are qualified | |||||||||||||||||||
16 | applicants who have applied with the Department.
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17 | (b) The registrations shall be issued and renewed annually | |||||||||||||||||||
18 | as determined by administrative rule.
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19 | (c) The Department of Agriculture shall determine a | |||||||||||||||||||
20 | registration fee by rule.
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21 | (d) A cultivation center may only operate if it has been | |||||||||||||||||||
22 | issued a valid registration from the Department of Agriculture. | |||||||||||||||||||
23 | When applying for a cultivation center registration, the |
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1 | applicant shall submit the following in accordance with | ||||||
2 | Department of Agriculture rules:
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3 | (1) the proposed legal name of the cultivation center;
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4 | (2) the proposed physical address of the cultivation | ||||||
5 | center and description of the enclosed, locked facility as | ||||||
6 | it applies to cultivation centers where medical cannabis | ||||||
7 | will be grown, harvested, manufactured, packaged, or | ||||||
8 | otherwise prepared for distribution to a dispensing | ||||||
9 | organization;
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10 | (3) the name, address, and date of birth of each | ||||||
11 | principal officer and board member of the cultivation | ||||||
12 | center, provided that all those individuals shall be at | ||||||
13 | least 21 years of age;
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14 | (4) any instance in which a business that any of the | ||||||
15 | prospective board members of the cultivation center had | ||||||
16 | managed or served on the board of the business and was | ||||||
17 | convicted, fined, censured, or had a registration or | ||||||
18 | license suspended or revoked in any administrative or | ||||||
19 | judicial proceeding;
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20 | (5) cultivation, inventory, and packaging plans;
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21 | (6) proposed operating by-laws that include procedures | ||||||
22 | for the oversight of the cultivation center, development | ||||||
23 | and implementation of a plant monitoring system, medical | ||||||
24 | cannabis container tracking system, accurate record | ||||||
25 | keeping, staffing plan, and security plan reviewed by the | ||||||
26 | State Police that are in accordance with the rules issued |
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1 | by the Department of Agriculture under this Act. A physical | ||||||
2 | inventory shall be performed of all plants and medical | ||||||
3 | cannabis containers on a weekly basis;
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4 | (7) experience with agricultural cultivation | ||||||
5 | techniques and industry standards;
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6 | (8) any academic degrees, certifications, or relevant | ||||||
7 | experience with related businesses;
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8 | (9) the identity of every person, association, trust, | ||||||
9 | or corporation having any direct or indirect pecuniary | ||||||
10 | interest in the cultivation center operation with respect | ||||||
11 | to which the registration is sought. If the disclosed | ||||||
12 | entity is a trust, the application shall disclose the names | ||||||
13 | and addresses of the beneficiaries; if a corporation, the | ||||||
14 | names and addresses of all stockholders and directors; if a | ||||||
15 | partnership, the names and addresses of all partners, both | ||||||
16 | general and limited . Every individual identified in | ||||||
17 | accordance with this paragraph (9) shall certify that he or | ||||||
18 | she has never owned nor operated a business,corporation, or | ||||||
19 | other organization whose mission is or was to promote the
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20 | sale or use of loose tobacco, or both, or the
sale or use | ||||||
21 | of plants, herbs, cigars, cigarettes, pipes, or other | ||||||
22 | devices for burning tobacco
and related smoking | ||||||
23 | accessories, or any materials as defined in paragraph (5) | ||||||
24 | of subsection (d) of Section 2 of the Drug Paraphernalia
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25 | Control Act. A permit to cultivate or dispense medical | ||||||
26 | cannabis, or both, shall not be issued to any applicant |
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1 | unable to comply with this requirement ; | ||||||
2 | (10) verification from the State Police that all | ||||||
3 | background checks of the principal officer, board members, | ||||||
4 | and registered agents have been conducted and those | ||||||
5 | individuals have not been convicted of an excluded offense;
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6 | (11) provide a copy of the current local zoning | ||||||
7 | ordinance to the Department of Agriculture and verify that | ||||||
8 | proposed cultivation center is in compliance with the local | ||||||
9 | zoning rules issued in accordance with Section 140;
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10 | (12) an application fee set by the Department of | ||||||
11 | Agriculture by rule; and
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12 | (13) any other information required by Department of | ||||||
13 | Agriculture rules, including, but not limited to a | ||||||
14 | cultivation center applicant's experience with the | ||||||
15 | cultivation of agricultural or horticultural products, | ||||||
16 | operating an agriculturally related business, or operating | ||||||
17 | a horticultural business.
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18 | (e) An application for a cultivation center permit must be | ||||||
19 | denied if any of the following conditions are met:
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20 | (1) the applicant failed to submit the materials | ||||||
21 | required by this Section, including if the applicant's | ||||||
22 | plans do not satisfy the security, oversight, inventory, or | ||||||
23 | recordkeeping rules issued by the Department of | ||||||
24 | Agriculture;
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25 | (2) the applicant would not be in compliance with local | ||||||
26 | zoning rules issued in accordance with Section 140;
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1 | (3) one or more of the prospective principal officers | ||||||
2 | or board members has been convicted of an excluded offense;
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3 | (4) one or more of the prospective principal officers | ||||||
4 | or board members has served as a principal officer or board | ||||||
5 | member for a registered dispensing organization or | ||||||
6 | cultivation center that has had its registration revoked;
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7 | (5) one or more of the principal officers or board | ||||||
8 | members is under 21 years of age;
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9 | (6) a principal officer or board member of the | ||||||
10 | cultivation center has been convicted of a felony under the | ||||||
11 | laws of this State, any other state, or the United States;
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12 | (7) a principal officer or board member of the | ||||||
13 | cultivation center has been convicted of any violation of | ||||||
14 | Article 28 of the Criminal Code of 2012, or substantially | ||||||
15 | similar laws of any other jurisdiction; or
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16 | (8) the person has submitted an application for a | ||||||
17 | certificate under this Act which contains false | ||||||
18 | information.
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19 | (Source: P.A. 98-122, eff. 1-1-14.)
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20 | Section 99. Effective date. This Act takes effect upon | ||||||
21 | becoming law.
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