410 ILCS 705/15-155

(410 ILCS 705/15-155)

Sec. 15-155. Unlicensed practice; violation; civil penalty; cease and desist order.

(a) In addition to any other penalty provided by law, any person who practices, offers to practice, attempts to practice, or holds oneself out to practice as a dispensing organization, principal officer, agent-in-charge, or agent sells or offers for sale cannabis, cannabis-infused products, cannabis concentrates, or cannabis flower without being licensed under this Act shall, in addition to any other penalty provided by law, pay a civil penalty to the Department of Financial and Professional Regulation in an amount not to exceed $10,000 for each offense as determined by the Department. Each day a person engages in unlicensed practice in violation of this Section constitutes a separate violation. The civil penalty shall be assessed by the Department after a hearing is held in accordance with the provisions set forth in this Act regarding the provision of a hearing for the discipline of a licensee.

(a-5) Procedures for cease and desist orders under this Section are as follows:

(1) The Secretary of the Department of Financial and Professional Regulation may issue a cease and desist order to any person doing business without the required license, when, in the opinion of the Secretary, the person is violating or is about to violate any provision of this Act or any rule or requirement imposed in writing by the Department as a condition of granting any authorization permitted by this Act. The cease and desist order under this Section may be issued before a hearing.

(2) The Secretary shall serve notice of the Secretary's action, including, but not limited to, a statement of the reasons for the action, either personally or by certified mail. Service by certified mail shall be deemed completed when the notice is deposited in the U.S. Mail.

(3) Within 10 days after service of the cease and desist order, the licensee or other person may request a hearing in writing. The Secretary shall schedule a hearing within 90 days after the request for a hearing unless otherwise agreed to by the parties.

(4) The Secretary may withdraw a cease and desist order at any time.

(5) The powers vested in the Secretary by this Section are in addition to any and all other powers and remedies vested in the Secretary by law, and nothing in this Section shall be construed as requiring that the Secretary shall employ the power conferred in this Section instead of or as a condition precedent to the exercise of any other power or remedy vested in the Secretary.

(6) The Secretary may seek to compel compliance with the cease and desist order in the circuit court through the Attorney General. Any person in violation of a cease and desist order issued by the Department is subject to all penalties provided by law.

(b) The Department, the Attorney General, any State or local law enforcement agency, or any State's Attorney has the authority and power to investigate any and all unlicensed activity.

(c) The civil penalty shall be paid within 60 days after the effective date of the order imposing the civil penalty or in accordance with the order imposing the civil penalty. The order shall constitute a judgment and may be filed and execution had thereon in the same manner as any judgment from any court of this State.

(d) A violation of subsection (a) is an unlawful practice under Section 2 of the Consumer Fraud and Deceptive Business Practices Act. All remedies, penalties, and authority granted to the Attorney General under that Act shall be available for the enforcement of this Act.

(e) Nothing in this Section prohibits a unit of local government from enacting a local law or ordinance to carry out enforcement activities and assess civil penalties against unlicensed cannabis activities.

(Source: P.A. 104-463, eff. 6-12-26.)