103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB0194

 

Introduced 1/31/2023, by Sen. Robert Peters

 

SYNOPSIS AS INTRODUCED:
 
410 ILCS 130/10
410 ILCS 130/85
410 ILCS 130/95
410 ILCS 130/100
410 ILCS 130/105
410 ILCS 130/115
410 ILCS 130/120
410 ILCS 705/5-20

    Amends the Compassionate Use of Medical Cannabis Program Act. Removes references to "excluded offense" and provisions prohibiting employed individuals from having been convicted of an excluded offense. Replaces existing provisions concerning background checks with provisions requiring the Illinois State Police to conduct a criminal history record check of the prospective principal officers, board members, and agents of a medical cannabis dispensing organization or cultivation center applying for a license or agent identification card under the Act. Contains additional requirements for background checks. Makes other changes. Amends the Cannabis Regulation and Tax Act. Provides that nothing in the Act shall be construed to prevent or otherwise inhibit an otherwise qualified individual from serving as a principal officer or agent of a cannabis business establishment on the sole basis of a nonviolent criminal conviction related to cannabis.


LRB103 25667 CPF 52016 b

 

 

A BILL FOR

 

SB0194LRB103 25667 CPF 52016 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Compassionate Use of Medical Cannabis
5Program Act is amended by changing Sections 10, 85, 95, 100,
6105, 115, and 120 as follows:
 
7    (410 ILCS 130/10)
8    Sec. 10. Definitions. The following terms, as used in this
9Act, shall have the meanings set forth in this Section:
10    (a) "Adequate supply" means:
11        (1) 2.5 ounces of usable cannabis during a period of
12    14 days and that is derived solely from an intrastate
13    source.
14        (2) Subject to the rules of the Department of Public
15    Health, a patient may apply for a waiver where a
16    certifying health care professional provides a substantial
17    medical basis in a signed, written statement asserting
18    that, based on the patient's medical history, in the
19    certifying health care professional's professional
20    judgment, 2.5 ounces is an insufficient adequate supply
21    for a 14-day period to properly alleviate the patient's
22    debilitating medical condition or symptoms associated with
23    the debilitating medical condition.

 

 

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1        (3) This subsection may not be construed to authorize
2    the possession of more than 2.5 ounces at any time without
3    authority from the Department of Public Health.
4        (4) The pre-mixed weight of medical cannabis used in
5    making a cannabis infused product shall apply toward the
6    limit on the total amount of medical cannabis a registered
7    qualifying patient may possess at any one time.
8    (a-5) "Advanced practice registered nurse" means a person
9who is licensed under the Nurse Practice Act as an advanced
10practice registered nurse and has a controlled substances
11license under Article III of the Illinois Controlled
12Substances Act.
13    (b) "Cannabis" has the meaning given that term in Section
143 of the Cannabis Control Act.
15    (c) "Cannabis plant monitoring system" means a system that
16includes, but is not limited to, testing and data collection
17established and maintained by the registered cultivation
18center and available to the Department for the purposes of
19documenting each cannabis plant and for monitoring plant
20development throughout the life cycle of a cannabis plant
21cultivated for the intended use by a qualifying patient from
22seed planting to final packaging.
23    (d) "Cardholder" means a qualifying patient or a
24designated caregiver who has been issued and possesses a valid
25registry identification card by the Department of Public
26Health.

 

 

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1    (d-5) "Certifying health care professional" means a
2physician, an advanced practice registered nurse, or a
3physician assistant.
4    (e) "Cultivation center" means a facility operated by an
5organization or business that is registered by the Department
6of Agriculture to perform necessary activities to provide only
7registered medical cannabis dispensing organizations with
8usable medical cannabis.
9    (f) "Cultivation center agent" means a principal officer,
10board member, employee, or agent of a registered cultivation
11center who is 21 years of age or older and has not been
12convicted of an excluded offense.
13    (g) "Cultivation center agent identification card" means a
14document issued by the Department of Agriculture that
15identifies a person as a cultivation center agent.
16    (h) "Debilitating medical condition" means one or more of
17the following:
18        (1) cancer, glaucoma, positive status for human
19    immunodeficiency virus, acquired immune deficiency
20    syndrome, hepatitis C, amyotrophic lateral sclerosis,
21    Crohn's disease (including, but not limited to, ulcerative
22    colitis), agitation of Alzheimer's disease,
23    cachexia/wasting syndrome, muscular dystrophy, severe
24    fibromyalgia, spinal cord disease, including but not
25    limited to arachnoiditis, Tarlov cysts, hydromyelia,
26    syringomyelia, Rheumatoid arthritis, fibrous dysplasia,

 

 

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1    spinal cord injury, traumatic brain injury and
2    post-concussion syndrome, Multiple Sclerosis,
3    Arnold-Chiari malformation and Syringomyelia,
4    Spinocerebellar Ataxia (SCA), Parkinson's, Tourette's,
5    Myoclonus, Dystonia, Reflex Sympathetic Dystrophy, RSD
6    (Complex Regional Pain Syndromes Type I), Causalgia, CRPS
7    (Complex Regional Pain Syndromes Type II),
8    Neurofibromatosis, Chronic Inflammatory Demyelinating
9    Polyneuropathy, Sjogren's syndrome, Lupus, Interstitial
10    Cystitis, Myasthenia Gravis, Hydrocephalus, nail-patella
11    syndrome, residual limb pain, seizures (including those
12    characteristic of epilepsy), post-traumatic stress
13    disorder (PTSD), autism, chronic pain, irritable bowel
14    syndrome, migraines, osteoarthritis, anorexia nervosa,
15    Ehlers-Danlos Syndrome, Neuro-Behcet's Autoimmune
16    Disease, neuropathy, polycystic kidney disease, superior
17    canal dehiscence syndrome, or the treatment of these
18    conditions;
19        (1.5) terminal illness with a diagnosis of 6 months or
20    less; if the terminal illness is not one of the qualifying
21    debilitating medical conditions, then the certifying
22    health care professional shall on the certification form
23    identify the cause of the terminal illness; or
24        (2) any other debilitating medical condition or its
25    treatment that is added by the Department of Public Health
26    by rule as provided in Section 45.

 

 

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1    (i) "Designated caregiver" means a person who: (1) is at
2least 21 years of age; (2) has agreed to assist with a
3patient's medical use of cannabis; (3) has not been convicted
4of an excluded offense; and (3) (4) assists no more than one
5registered qualifying patient with his or her medical use of
6cannabis.
7    (j) "Dispensing organization agent identification card"
8means a document issued by the Department of Financial and
9Professional Regulation that identifies a person as a medical
10cannabis dispensing organization agent.
11    (k) "Enclosed, locked facility" means a room, greenhouse,
12building, or other enclosed area equipped with locks or other
13security devices that permit access only by a cultivation
14center's agents or a dispensing organization's agent working
15for the registered cultivation center or the registered
16dispensing organization to cultivate, store, and distribute
17cannabis for registered qualifying patients.
18    (l) (Blank). "Excluded offense" for cultivation center
19agents and dispensing organizations means:
20        (1) a violent crime defined in Section 3 of the Rights
21    of Crime Victims and Witnesses Act or a substantially
22    similar offense that was classified as a felony in the
23    jurisdiction where the person was convicted; or
24        (2) a violation of a state or federal controlled
25    substance law, the Cannabis Control Act, or the
26    Methamphetamine Control and Community Protection Act that

 

 

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1    was classified as a felony in the jurisdiction where the
2    person was convicted, except that the registering
3    Department may waive this restriction if the person
4    demonstrates to the registering Department's satisfaction
5    that his or her conviction was for the possession,
6    cultivation, transfer, or delivery of a reasonable amount
7    of cannabis intended for medical use. This exception does
8    not apply if the conviction was under state law and
9    involved a violation of an existing medical cannabis law.
10    For purposes of this subsection, the Department of Public
11Health shall determine by emergency rule within 30 days after
12the effective date of this amendatory Act of the 99th General
13Assembly what constitutes a "reasonable amount".
14    (l-5) (Blank).
15    (l-10) "Illinois Cannabis Tracking System" means a
16web-based system established and maintained by the Department
17of Public Health that is available to the Department of
18Agriculture, the Department of Financial and Professional
19Regulation, the Illinois State Police, and registered medical
20cannabis dispensing organizations on a 24-hour basis to upload
21written certifications for Opioid Alternative Pilot Program
22participants, to verify Opioid Alternative Pilot Program
23participants, to verify Opioid Alternative Pilot Program
24participants' available cannabis allotment and assigned
25dispensary, and the tracking of the date of sale, amount, and
26price of medical cannabis purchased by an Opioid Alternative

 

 

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1Pilot Program participant.
2    (m) "Medical cannabis cultivation center registration"
3means a registration issued by the Department of Agriculture.
4    (n) "Medical cannabis container" means a sealed,
5traceable, food compliant, tamper resistant, tamper evident
6container, or package used for the purpose of containment of
7medical cannabis from a cultivation center to a dispensing
8organization.
9    (o) "Medical cannabis dispensing organization", or
10"dispensing organization", or "dispensary organization" means
11a facility operated by an organization or business that is
12registered by the Department of Financial and Professional
13Regulation to acquire medical cannabis from a registered
14cultivation center for the purpose of dispensing cannabis,
15paraphernalia, or related supplies and educational materials
16to registered qualifying patients, individuals with a
17provisional registration for qualifying patient cardholder
18status, or an Opioid Alternative Pilot Program participant.
19    (p) "Medical cannabis dispensing organization agent" or
20"dispensing organization agent" means a principal officer,
21board member, employee, or agent of a registered medical
22cannabis dispensing organization who is 21 years of age or
23older and has not been convicted of an excluded offense.
24    (q) "Medical cannabis infused product" means food, oils,
25ointments, or other products containing usable cannabis that
26are not smoked.

 

 

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1    (r) "Medical use" means the acquisition; administration;
2delivery; possession; transfer; transportation; or use of
3cannabis to treat or alleviate a registered qualifying
4patient's debilitating medical condition or symptoms
5associated with the patient's debilitating medical condition.
6    (r-5) "Opioid" means a narcotic drug or substance that is
7a Schedule II controlled substance under paragraph (1), (2),
8(3), or (5) of subsection (b) or under subsection (c) of
9Section 206 of the Illinois Controlled Substances Act.
10    (r-10) "Opioid Alternative Pilot Program participant"
11means an individual who has received a valid written
12certification to participate in the Opioid Alternative Pilot
13Program for a medical condition for which an opioid has been or
14could be prescribed by a certifying health care professional
15based on generally accepted standards of care.
16    (s) "Physician" means a doctor of medicine or doctor of
17osteopathy licensed under the Medical Practice Act of 1987 to
18practice medicine and who has a controlled substances license
19under Article III of the Illinois Controlled Substances Act.
20It does not include a licensed practitioner under any other
21Act including but not limited to the Illinois Dental Practice
22Act.
23    (s-1) "Physician assistant" means a physician assistant
24licensed under the Physician Assistant Practice Act of 1987
25and who has a controlled substances license under Article III
26of the Illinois Controlled Substances Act.

 

 

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1    (s-5) "Provisional registration" means a document issued
2by the Department of Public Health to a qualifying patient who
3has submitted: (1) an online application and paid a fee to
4participate in Compassionate Use of Medical Cannabis Program
5pending approval or denial of the patient's application; or
6(2) a completed application for terminal illness.
7    (t) "Qualifying patient" means a person who has been
8diagnosed by a certifying health care professional as having a
9debilitating medical condition.
10    (u) "Registered" means licensed, permitted, or otherwise
11certified by the Department of Agriculture, Department of
12Public Health, or Department of Financial and Professional
13Regulation.
14    (v) "Registry identification card" means a document issued
15by the Department of Public Health that identifies a person as
16a registered qualifying patient or registered designated
17caregiver.
18    (w) "Usable cannabis" means the seeds, leaves, buds, and
19flowers of the cannabis plant and any mixture or preparation
20thereof, but does not include the stalks, and roots of the
21plant. It does not include the weight of any non-cannabis
22ingredients combined with cannabis, such as ingredients added
23to prepare a topical administration, food, or drink.
24    (x) "Verification system" means a Web-based system
25established and maintained by the Department of Public Health
26that is available to the Department of Agriculture, the

 

 

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1Department of Financial and Professional Regulation, law
2enforcement personnel, and registered medical cannabis
3dispensing organization agents on a 24-hour basis for the
4verification of registry identification cards, the tracking of
5delivery of medical cannabis to medical cannabis dispensing
6organizations, and the tracking of the date of sale, amount,
7and price of medical cannabis purchased by a registered
8qualifying patient.
9    (y) "Written certification" means a document dated and
10signed by a certifying health care professional, stating (1)
11that the qualifying patient has a debilitating medical
12condition and specifying the debilitating medical condition
13the qualifying patient has; and (2) that (A) the certifying
14health care professional is treating or managing treatment of
15the patient's debilitating medical condition; or (B) an Opioid
16Alternative Pilot Program participant has a medical condition
17for which opioids have been or could be prescribed. A written
18certification shall be made only in the course of a bona fide
19health care professional-patient relationship, after the
20certifying health care professional has completed an
21assessment of either a qualifying patient's medical history or
22Opioid Alternative Pilot Program participant, reviewed
23relevant records related to the patient's debilitating
24condition, and conducted a physical examination.
25    (z) "Bona fide health care professional-patient
26relationship" means a relationship established at a hospital,

 

 

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1certifying health care professional's office, or other health
2care facility in which the certifying health care professional
3has an ongoing responsibility for the assessment, care, and
4treatment of a patient's debilitating medical condition or a
5symptom of the patient's debilitating medical condition.
6    A veteran who has received treatment at a VA hospital
7shall be deemed to have a bona fide health care
8professional-patient relationship with a VA certifying health
9care professional if the patient has been seen for his or her
10debilitating medical condition at the VA Hospital in
11accordance with VA Hospital protocols.
12    A bona fide health care professional-patient relationship
13under this subsection is a privileged communication within the
14meaning of Section 8-802 of the Code of Civil Procedure.
15(Source: P.A. 100-1114, eff. 8-28-18; 101-363, eff. 8-9-19.)
 
16    (410 ILCS 130/85)
17    Sec. 85. Issuance and denial of medical cannabis
18cultivation permit.
19    (a) The Department of Agriculture may register up to 22
20cultivation center registrations for operation. The Department
21of Agriculture may not issue more than one registration per
22each Illinois State Police District boundary as specified on
23the date of January 1, 2013. The Department of Agriculture may
24not issue less than the 22 registrations if there are
25qualified applicants who have applied with the Department.

 

 

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1    (b) The registrations shall be issued and renewed annually
2as determined by administrative rule.
3    (c) The Department of Agriculture shall determine a
4registration fee by rule.
5    (d) A cultivation center may only operate if it has been
6issued a valid registration from the Department of
7Agriculture. When applying for a cultivation center
8registration, the applicant shall submit the following in
9accordance with Department of Agriculture rules:
10        (1) the proposed legal name of the cultivation center;
11        (2) the proposed physical address of the cultivation
12    center and description of the enclosed, locked facility as
13    it applies to cultivation centers where medical cannabis
14    will be grown, harvested, manufactured, packaged, or
15    otherwise prepared for distribution to a dispensing
16    organization;
17        (3) the name, address, and date of birth of each
18    principal officer and board member of the cultivation
19    center, provided that all those individuals shall be at
20    least 21 years of age;
21        (4) any instance in which a business that any of the
22    prospective board members of the cultivation center had
23    managed or served on the board of the business and was
24    convicted, fined, censured, or had a registration or
25    license suspended or revoked in any administrative or
26    judicial proceeding;

 

 

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1        (5) cultivation, inventory, and packaging plans;
2        (6) proposed operating by-laws that include procedures
3    for the oversight of the cultivation center, development
4    and implementation of a plant monitoring system, medical
5    cannabis container tracking system, accurate record
6    keeping, staffing plan, and security plan reviewed by the
7    Illinois State Police that are in accordance with the
8    rules issued by the Department of Agriculture under this
9    Act. A physical inventory shall be performed of all plants
10    and medical cannabis containers on a weekly basis;
11        (7) experience with agricultural cultivation
12    techniques and industry standards;
13        (8) any academic degrees, certifications, or relevant
14    experience with related businesses;
15        (9) the identity of every person, association, trust,
16    or corporation having any direct or indirect pecuniary
17    interest in the cultivation center operation with respect
18    to which the registration is sought. If the disclosed
19    entity is a trust, the application shall disclose the
20    names and addresses of the beneficiaries; if a
21    corporation, the names and addresses of all stockholders
22    and directors; if a partnership, the names and addresses
23    of all partners, both general and limited;
24        (10) verification from the Illinois State Police that
25    all background checks of the principal officer, board
26    members, and registered agents have been conducted and

 

 

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1    those individuals have not been convicted of an excluded
2    offense;
3        (11) provide a copy of the current local zoning
4    ordinance to the Department of Agriculture and verify that
5    proposed cultivation center is in compliance with the
6    local zoning rules issued in accordance with Section 140;
7        (12) an application fee set by the Department of
8    Agriculture by rule; and
9        (13) any other information required by Department of
10    Agriculture rules, including, but not limited to a
11    cultivation center applicant's experience with the
12    cultivation of agricultural or horticultural products,
13    operating an agriculturally related business, or operating
14    a horticultural business.
15    (e) An application for a cultivation center permit must be
16denied if any of the following conditions are met:
17        (1) the applicant failed to submit the materials
18    required by this Section, including if the applicant's
19    plans do not satisfy the security, oversight, inventory,
20    or recordkeeping rules issued by the Department of
21    Agriculture;
22        (2) the applicant would not be in compliance with
23    local zoning rules issued in accordance with Section 140;
24        (3) (blank) one or more of the prospective principal
25    officers or board members has been convicted of an
26    excluded offense;

 

 

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1        (4) one or more of the prospective principal officers
2    or board members has served as a principal officer or
3    board member for a registered dispensing organization or
4    cultivation center that has had its registration revoked;
5        (5) one or more of the principal officers or board
6    members is under 21 years of age;
7        (6) a principal officer or board member of the
8    cultivation center has been convicted of a felony under
9    the laws of this State, any other state, or the United
10    States;
11        (7) a principal officer or board member of the
12    cultivation center has been convicted of any violation of
13    Article 28 of the Criminal Code of 2012, or substantially
14    similar laws of any other jurisdiction; or
15        (8) the person has submitted an application for a
16    certificate under this Act which contains false
17    information.
18(Source: P.A. 102-538, eff. 8-20-21.)
 
19    (410 ILCS 130/95)
20    Sec. 95. Background checks.
21    (a) (Blank). The Department of Agriculture through the
22Illinois State Police shall conduct a background check of the
23prospective cultivation center agents. The Illinois State
24Police shall charge a fee for conducting the criminal history
25record check, which shall be deposited in the State Police

 

 

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1Services Fund and shall not exceed the actual cost of the
2record check. In order to carry out this provision, each
3person applying as a cultivation center agent shall submit a
4full set of fingerprints to the Illinois State Police for the
5purpose of obtaining a State and federal criminal records
6check. These fingerprints shall be checked against the
7fingerprint records now and hereafter, to the extent allowed
8by law, filed in the Illinois State Police and Federal Bureau
9of Investigation criminal history records databases. The
10Illinois State Police shall furnish, following positive
11identification, all Illinois conviction information to the
12Department of Agriculture.
13    (b) (Blank). When applying for the initial permit, the
14background checks for the principal officer, board members,
15and registered agents shall be completed prior to submitting
16the application to the Department of Agriculture.
17    (c) Through the Illinois State Police, the licensing or
18issuing Department shall conduct a criminal history record
19check of the prospective principal officers, board members,
20and agents of a medical cannabis dispensing organization or
21cultivation center applying for a license or agent
22identification card under this Act.
23    Each medical cannabis dispensing organization or
24cultivation center's prospective principal officer, board
25member, or agent shall submit his or her fingerprints to the
26Illinois State Police in the form and manner prescribed by the

 

 

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1Illinois State Police.
2    Unless otherwise provided in this Act, the fingerprints
3shall be transmitted through a live scan fingerprint vendor
4licensed by the Department of Financial and Professional
5Regulation. The fingerprints shall be checked against the
6fingerprint records now and hereafter filed in the Illinois
7State Police and Federal Bureau of Investigation criminal
8history records databases. The Illinois State Police shall
9charge a fee for conducting the criminal history record check,
10which shall be deposited into the State Police Services Fund
11and shall not exceed the actual cost of the State and national
12criminal history record check. The Illinois State Police shall
13furnish, if there is a positive identification, all Illinois
14conviction information and shall forward the national criminal
15history record information to:
16        (1) the Department of Agriculture, with respect to a
17    cultivation center; or
18        (2) the Department of Financial and Professional
19    Regulation, with respect to a dispensing organization.
20    (d) When applying for the initial license or
21identification card, the background checks for all prospective
22principal officers, board members, and agents shall be
23completed before submitting the application to the licensing
24or issuing agency.
25    (e) All applications for licensure under this Act by
26applicants with criminal convictions shall be subject to

 

 

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1Sections 2105-131, 2105-135, and 2105-205 of the Department of
2Professional Regulation Law of the Civil Administrative Code
3of Illinois. However, nothing in this Section or Act shall be
4construed to prevent or otherwise inhibit the ability of an
5otherwise qualified individual from serving as a principal
6officer or agent of a cannabis business establishment on the
7sole basis of a nonviolent criminal conviction related to
8cannabis.
9(Source: P.A. 102-538, eff. 8-20-21.)
 
10    (410 ILCS 130/100)
11    Sec. 100. Cultivation center agent identification card.
12    (a) The Department of Agriculture shall:
13        (1) verify the information contained in an application
14    or renewal for a cultivation center identification card
15    submitted under this Act, and approve or deny an
16    application or renewal, within 30 days of receiving a
17    completed application or renewal application and all
18    supporting documentation required by rule;
19        (2) issue a cultivation center agent identification
20    card to a qualifying agent within 15 business days of
21    approving the application or renewal;
22        (3) enter the registry identification number of the
23    cultivation center where the agent works; and
24        (4) allow for an electronic application process, and
25    provide a confirmation by electronic or other methods that

 

 

SB0194- 19 -LRB103 25667 CPF 52016 b

1    an application has been submitted.
2    (b) A cultivation center agent must keep his or her
3identification card visible at all times when on the property
4of a cultivation center and during the transportation of
5medical cannabis to a registered dispensary organization.
6    (c) The cultivation center agent identification cards
7shall contain the following:
8        (1) the name of the cardholder;
9        (2) the date of issuance and expiration date of
10    cultivation center agent identification cards;
11        (3) a random 10-digit alphanumeric identification
12    number containing at least 4 numbers and at least 4
13    letters that is unique to the holder; and
14        (4) a photograph of the cardholder.
15    (d) The cultivation center agent identification cards
16shall be immediately returned to the cultivation center upon
17termination of employment.
18    (e) Any card lost by a cultivation center agent shall be
19reported to the Illinois State Police and the Department of
20Agriculture immediately upon discovery of the loss.
21    (f) (Blank). An applicant shall be denied a cultivation
22center agent identification card if he or she has been
23convicted of an excluded offense.
24    (g) An agent applicant may begin employment at a
25cultivation center while the agent applicant's identification
26card application is pending. Upon approval, the Department

 

 

SB0194- 20 -LRB103 25667 CPF 52016 b

1shall issue the agent's identification card to the agent. If
2denied, the cultivation center and the agent applicant shall
3be notified and the agent applicant must cease all activity at
4the cultivation center immediately.
5(Source: P.A. 102-98, eff. 7-15-21; 102-538, eff. 8-20-21;
6102-813, eff. 5-13-22.)
 
7    (410 ILCS 130/105)
8    Sec. 105. Requirements; prohibitions; penalties for
9cultivation centers.
10    (a) The operating documents of a registered cultivation
11center shall include procedures for the oversight of the
12cultivation center, a cannabis plant monitoring system
13including a physical inventory recorded weekly, a cannabis
14container system including a physical inventory recorded
15weekly, accurate record keeping, and a staffing plan.
16    (b) A registered cultivation center shall implement a
17security plan reviewed by the Illinois State Police and
18including but not limited to: facility access controls,
19perimeter intrusion detection systems, personnel
20identification systems, 24-hour surveillance system to monitor
21the interior and exterior of the registered cultivation center
22facility and accessible to authorized law enforcement and the
23Department of Agriculture in real-time.
24    (c) A registered cultivation center may not be located
25within 2,500 feet of the property line of a pre-existing

 

 

SB0194- 21 -LRB103 25667 CPF 52016 b

1public or private preschool or elementary or secondary school
2or day care center, day care home, group day care home, part
3day child care facility, or an area zoned for residential use.
4    (d) All cultivation of cannabis for distribution to a
5registered dispensing organization must take place in an
6enclosed, locked facility as it applies to cultivation centers
7at the physical address provided to the Department of
8Agriculture during the registration process. The cultivation
9center location shall only be accessed by the cultivation
10center agents working for the registered cultivation center,
11Department of Agriculture staff performing inspections,
12Department of Public Health staff performing inspections, law
13enforcement or other emergency personnel, and contractors
14working on jobs unrelated to medical cannabis, such as
15installing or maintaining security devices or performing
16electrical wiring.
17    (e) A cultivation center may not sell or distribute any
18cannabis to any individual or entity other than another
19cultivation center, a dispensing organization registered under
20this Act, or a laboratory licensed by the Department of
21Agriculture.
22    (f) All harvested cannabis intended for distribution to a
23dispensing organization must be packaged in a labeled medical
24cannabis container and entered into a data collection system.
25    (g) (Blank). No person who has been convicted of an
26excluded offense may be a cultivation center agent.

 

 

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1    (h) Registered cultivation centers are subject to random
2inspection by the Illinois State Police.
3    (i) Registered cultivation centers are subject to random
4inspections by the Department of Agriculture and the
5Department of Public Health.
6    (j) A cultivation center agent shall notify local law
7enforcement, the Illinois State Police, and the Department of
8Agriculture within 24 hours of the discovery of any loss or
9theft. Notification shall be made by phone or in-person, or by
10written or electronic communication.
11    (k) A cultivation center shall comply with all State and
12federal rules and regulations regarding the use of pesticides.
13(Source: P.A. 101-363, eff. 8-9-19; 102-538, eff. 8-20-21.)
 
14    (410 ILCS 130/115)
15    Sec. 115. Registration of dispensing organizations.
16    (a) The Department of Financial and Professional
17Regulation may issue up to 60 dispensing organization
18registrations for operation. The Department of Financial and
19Professional Regulation may not issue less than the 60
20registrations if there are qualified applicants who have
21applied with the Department of Financial and Professional
22Regulation. The organizations shall be geographically
23dispersed throughout the State to allow all registered
24qualifying patients reasonable proximity and access to a
25dispensing organization.

 

 

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1    (a-5) The Department of Financial and Professional
2Regulation shall adopt rules to create a registration process
3for Social Equity Justice Involved Applicants and Qualifying
4Applicants, a streamlined application, and a Social Equity
5Justice Involved Medical Lottery under Section 115.5 to issue
6the remaining available 5 dispensing organization
7registrations for operation. For purposes of this Section:
8    "Disproportionately Impacted Area" means a census tract or
9comparable geographic area that satisfies the following
10criteria as determined by the Department of Commerce and
11Economic Opportunity, that:
12        (1) meets at least one of the following criteria:
13            (A) the area has a poverty rate of at least 20%
14        according to the latest federal decennial census; or
15            (B) 75% or more of the children in the area
16        participate in the federal free lunch program
17        according to reported statistics from the State Board
18        of Education; or
19            (C) at least 20% of the households in the area
20        receive assistance under the Supplemental Nutrition
21        Assistance Program; or
22            (D) the area has an average unemployment rate, as
23        determined by the Illinois Department of Employment
24        Security, that is more than 120% of the national
25        unemployment average, as determined by the United
26        States Department of Labor, for a period of at least 2

 

 

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1        consecutive calendar years preceding the date of the
2        application; and
3        (2) has high rates of arrest, conviction, and
4    incarceration related to sale, possession, use,
5    cultivation, manufacture, or transport of cannabis.
6    "Qualifying Applicant" means an applicant that: (i)
7submitted an application pursuant to Section 15-30 of the
8Cannabis Regulation and Tax Act that received at least 85% of
9250 application points available under Section 15-30 of the
10Cannabis Regulation and Tax Act as the applicant's final
11score; (ii) received points at the conclusion of the scoring
12process for meeting the definition of a "Social Equity
13Applicant" as set forth under the Cannabis Regulation and Tax
14Act; and (iii) is an applicant that did not receive a
15Conditional Adult Use Dispensing Organization License through
16a Qualifying Applicant Lottery pursuant to Section 15-35 of
17the Cannabis Regulation and Tax Act or any Tied Applicant
18Lottery conducted under the Cannabis Regulation and Tax Act.
19    "Social Equity Justice Involved Applicant" means an
20applicant that is an Illinois resident and one of the
21following:
22        (1) an applicant with at least 51% ownership and
23    control by one or more individuals who have resided for at
24    least 5 of the preceding 10 years in a Disproportionately
25    Impacted Area;
26        (2) an applicant with at least 51% of ownership and

 

 

SB0194- 25 -LRB103 25667 CPF 52016 b

1    control by one or more individuals who have been arrested
2    for, convicted of, or adjudicated delinquent for any
3    offense that is eligible for expungement under subsection
4    (i) of Section 5.2 of the Criminal Identification Act; or
5        (3) an applicant with at least 51% ownership and
6    control by one or more members of an impacted family.
7    (b) A dispensing organization may only operate if it has
8been issued a registration from the Department of Financial
9and Professional Regulation. The Department of Financial and
10Professional Regulation shall adopt rules establishing the
11procedures for applicants for dispensing organizations.
12    (c) When applying for a dispensing organization
13registration, the applicant shall submit, at a minimum, the
14following in accordance with Department of Financial and
15Professional Regulation rules:
16        (1) a non-refundable application fee established by
17    rule;
18        (2) the proposed legal name of the dispensing
19    organization;
20        (3) the proposed physical address of the dispensing
21    organization;
22        (4) the name, address, and date of birth of each
23    principal officer and board member of the dispensing
24    organization, provided that all those individuals shall be
25    at least 21 years of age;
26        (5) (blank);

 

 

SB0194- 26 -LRB103 25667 CPF 52016 b

1        (6) (blank); and
2        (7) (blank).
3    (d) The Department of Financial and Professional
4Regulation shall conduct a background check pursuant to
5Section 95. of the prospective dispensing organization agents
6in order to carry out this Section. The Department of State
7Police shall charge a fee for conducting the criminal history
8record check, which shall be deposited in the State Police
9Services Fund and shall not exceed the actual cost of the
10record check. Each person applying as a dispensing
11organization agent shall submit a full set of fingerprints to
12the Department of State Police for the purpose of obtaining a
13State and federal criminal records check. These fingerprints
14shall be checked against the fingerprint records now and
15hereafter, to the extent allowed by law, filed in the
16Department of State Police and Federal Bureau of Investigation
17criminal history records databases. The Department of State
18Police shall furnish, following positive identification, all
19Illinois conviction information to the Department of Financial
20and Professional Regulation.
21    (e) A dispensing organization must pay a registration fee
22set by the Department of Financial and Professional
23Regulation.
24    (f) An application for a medical cannabis dispensing
25organization registration must be denied if any of the
26following conditions are met:

 

 

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1        (1) the applicant failed to submit the materials
2    required by this Section, including if the applicant's
3    plans do not satisfy the security, oversight, or
4    recordkeeping rules issued by the Department of Financial
5    and Professional Regulation;
6        (2) the applicant would not be in compliance with
7    local zoning rules issued in accordance with Section 140;
8        (3) the applicant does not meet the requirements of
9    Section 130;
10        (4) (blank); one or more of the prospective principal
11    officers or board members has been convicted of an
12    excluded offense;
13        (5) one or more of the prospective principal officers
14    or board members has served as a principal officer or
15    board member for a registered medical cannabis dispensing
16    organization that has had its registration revoked; and
17        (6) one or more of the principal officers or board
18    members is under 21 years of age.
19(Source: P.A. 101-363, eff. 8-9-19; 102-98, eff. 7-15-21.)
 
20    (410 ILCS 130/120)
21    Sec. 120. Dispensing organization agent identification
22card.
23    (a) The Department of Financial and Professional
24Regulation shall:
25        (1) verify the information contained in an application

 

 

SB0194- 28 -LRB103 25667 CPF 52016 b

1    or renewal for a dispensing organization agent
2    identification card submitted under this Act, and approve
3    or deny an application or renewal, within 30 days of
4    receiving a completed application or renewal application
5    and all supporting documentation required by rule;
6        (2) issue a dispensing organization agent
7    identification card to a qualifying agent within 15
8    business days of approving the application or renewal;
9        (3) enter the registry identification number of the
10    dispensing organization where the agent works; and
11        (4) allow for an electronic application process, and
12    provide a confirmation by electronic or other methods that
13    an application has been submitted.
14    (b) A dispensing agent must keep his or her identification
15card visible at all times when on the property of a dispensing
16organization.
17    (c) The dispensing organization agent identification cards
18shall contain the following:
19        (1) the name of the cardholder;
20        (2) the date of issuance and expiration date of the
21    dispensing organization agent identification cards;
22        (3) a random 10 digit alphanumeric identification
23    number containing at least 4 numbers and at least 4
24    letters; that is unique to the holder; and
25        (4) a photograph of the cardholder.
26    (d) The dispensing organization agent identification cards

 

 

SB0194- 29 -LRB103 25667 CPF 52016 b

1shall be immediately returned to the dispensing organization
2upon termination of employment.
3    (e) Any card lost by a dispensing organization agent shall
4be reported to the Illinois State Police and the Department of
5Financial and Professional Regulation immediately upon
6discovery of the loss.
7    (f) (Blank). An applicant shall be denied a dispensing
8organization agent identification card if he or she has been
9convicted of an excluded offense.
10(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.)
 
11    Section 10. The Cannabis Regulation and Tax Act is amended
12by changing Section 5-20 as follows:
 
13    (410 ILCS 705/5-20)
14    Sec. 5-20. Background checks.
15    (a) Through the Illinois State Police, the licensing or
16issuing Department shall conduct a criminal history record
17check of the prospective principal officers, board members,
18and agents of a cannabis business establishment applying for a
19license or identification card under this Act.
20    Each cannabis business establishment prospective principal
21officer, board member, or agent shall submit his or her
22fingerprints to the Illinois State Police in the form and
23manner prescribed by the Illinois State Police.
24    Unless otherwise provided in this Act, such fingerprints

 

 

SB0194- 30 -LRB103 25667 CPF 52016 b

1shall be transmitted through a live scan fingerprint vendor
2licensed by the Department of Financial and Professional
3Regulation. These fingerprints shall be checked against the
4fingerprint records now and hereafter filed in the Illinois
5State Police and Federal Bureau of Investigation criminal
6history records databases. The Illinois State Police shall
7charge a fee for conducting the criminal history record check,
8which shall be deposited into the State Police Services Fund
9and shall not exceed the actual cost of the State and national
10criminal history record check. The Illinois State Police shall
11furnish, pursuant to positive identification, all Illinois
12conviction information and shall forward the national criminal
13history record information to:
14        (i) the Department of Agriculture, with respect to a
15    cultivation center, craft grower, infuser organization, or
16    transporting organization; or
17        (ii) the Department of Financial and Professional
18    Regulation, with respect to a dispensing organization.
19    (b) When applying for the initial license or
20identification card, the background checks for all prospective
21principal officers, board members, and agents shall be
22completed before submitting the application to the licensing
23or issuing agency.
24    (c) All applications for licensure under this Act by
25applicants with criminal convictions shall be subject to
26Sections 2105-131, 2105-135, and 2105-205 of the Department of

 

 

SB0194- 31 -LRB103 25667 CPF 52016 b

1Professional Regulation Law of the Civil Administrative Code
2of Illinois. However, nothing in this Section or Act shall be
3construed to prevent or otherwise inhibit the ability of an
4otherwise qualified individual from serving as a principal
5officer or agent of a cannabis business establishment on the
6sole basis of a nonviolent criminal conviction related to
7cannabis.
8(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
9102-538, eff. 8-20-21.)