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1		AN ACT concerning regulation.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 1. The State Officials and Employees Ethics Act is
5		amended by changing Section 5-45 as follows:
6		(5 ILCS 430/5-45)
7		Sec. 5-45. Procurement; revolving door prohibition.
8		(a) No former officer, member, or State employee, or spouse
9		or immediate family member living with such person, shall,
10		within a period of one year immediately after termination of
11		State employment, knowingly accept employment or receive
12		compensation or fees for services from a person or entity if
13		the officer, member, or State employee, during the year
14		immediately preceding termination of State employment,
15		participated personally and substantially in the award of State
16		contracts, or the issuance of State contract change orders,
17		with a cumulative value of $25,000 or more to the person or
18		entity, or its parent or subsidiary.
19		(a-5) No officer, member, or spouse or immediate family
20		member living with such person shall, during the officer or
21		member's term in office or within a period of 2 years
22		immediately leaving office, hold an ownership interest, other
23		than a passive interest in a publicly traded company, in any

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1		gaming license under the Illinois Gambling Act, the Video
2		Gaming Act, the Illinois Horse Racing Act of 1975, or the
3		Sports Wagering Act. Any member of the General Assembly or
4		spouse or immediate family member living with such person who
5		has an ownership interest, other than a passive interest in a
6		publicly traded company, in any gaming license under the
7		Illinois Gambling Act, the Illinois Horse Racing Act of 1975,
8		the Video Gaming Act, or the Sports Wagering Act at the time of
9		the effective date of this amendatory Act of the 101st General
10		Assembly shall divest himself or herself of such ownership
11		within one year after the effective date of this amendatory Act
12		of the 101st General Assembly. No State employee who works for
13		the Illinois Gaming Board or Illinois Racing Board or spouse or
14		immediate family member living with such person shall, during
15		State employment or within a period of 2 years immediately
16		after termination of State employment, hold an ownership
17		interest, other than a passive interest in a publicly traded
18		company, in any gaming license under the Illinois Gambling Act,
19		the Video Gaming Act, the Illinois Horse Racing Act of 1975, or
20		the Sports Wagering Act.
21		(a-10) This subsection (a-10) applies on and after June 25,
22		2021. No officer, member, or spouse or immediate family member
23		living with such person, shall, during the officer or member's
24		term in office or within a period of 2 years immediately after
25		leaving office, hold an ownership interest, other than a
26		passive interest in a publicly traded company, in any cannabis

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1		business establishment which is licensed under the Cannabis
2		Regulation and Tax Act. Any member of the General Assembly or
3		spouse or immediate family member living with such person who
4		has an ownership interest, other than a passive interest in a
5		publicly traded company, in any cannabis business
6		establishment which is licensed under the Cannabis Regulation
7		and Tax Act at the time of the effective date of this
8		amendatory Act of the 101st General Assembly shall divest
9		himself or herself of such ownership within one year after the
10		effective date of this amendatory Act of the 101st General
11		Assembly.
12		No State employee who works for any State agency that
13		regulates cannabis business establishment license holders who
14		participated personally and substantially in the award of
15		licenses under the Cannabis Regulation and Tax Act or a spouse
16		or immediate family member living with such person shall,
17		during State employment or within a period of 2 years
18		immediately after termination of State employment, hold an
19		ownership interest, other than a passive interest in a publicly
20		traded company, in any cannabis license under the Cannabis
21		Regulation and Tax Act.
22		(b) No former officer of the executive branch or State
23		employee of the executive branch with regulatory or licensing
24		authority, or spouse or immediate family member living with
25		such person, shall, within a period of one year immediately
26		after termination of State employment, knowingly accept

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1		employment or receive compensation or fees for services from a
2		person or entity if the officer or State employee, during the
3		year immediately preceding termination of State employment,
4		participated personally and substantially in making a
5		regulatory or licensing decision that directly applied to the
6		person or entity, or its parent or subsidiary.
7		(c) Within 6 months after the effective date of this
8		amendatory Act of the 96th General Assembly, each executive
9		branch constitutional officer and legislative leader, the
10		Auditor General, and the Joint Committee on Legislative Support
11		Services shall adopt a policy delineating which State positions
12		under his or her jurisdiction and control, by the nature of
13		their duties, may have the authority to participate personally
14		and substantially in the award of State contracts or in
15		regulatory or licensing decisions. The Governor shall adopt
16		such a policy for all State employees of the executive branch
17		not under the jurisdiction and control of any other executive
18		branch constitutional officer.
19		The policies required under subsection (c) of this Section
20		shall be filed with the appropriate ethics commission
21		established under this Act or, for the Auditor General, with
22		the Office of the Auditor General.
23		(d) Each Inspector General shall have the authority to
24		determine that additional State positions under his or her
25		jurisdiction, not otherwise subject to the policies required by
26		subsection (c) of this Section, are nonetheless subject to the

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1		notification requirement of subsection (f) below due to their
2		involvement in the award of State contracts or in regulatory or
3		licensing decisions.
4		(e) The Joint Committee on Legislative Support Services,
5		the Auditor General, and each of the executive branch
6		constitutional officers and legislative leaders subject to
7		subsection (c) of this Section shall provide written
8		notification to all employees in positions subject to the
9		policies required by subsection (c) or a determination made
10		under subsection (d): (1) upon hiring, promotion, or transfer
11		into the relevant position; and (2) at the time the employee's
12		duties are changed in such a way as to qualify that employee.
13		An employee receiving notification must certify in writing that
14		the person was advised of the prohibition and the requirement
15		to notify the appropriate Inspector General in subsection (f).
16		(f) Any State employee in a position subject to the
17		policies required by subsection (c) or to a determination under
18		subsection (d), but who does not fall within the prohibition of
19		subsection (h) below, who is offered non-State employment
20		during State employment or within a period of one year
21		immediately after termination of State employment shall, prior
22		to accepting such non-State employment, notify the appropriate
23		Inspector General. Within 10 calendar days after receiving
24		notification from an employee in a position subject to the
25		policies required by subsection (c), such Inspector General
26		shall make a determination as to whether the State employee is

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1		restricted from accepting such employment by subsection (a) or
2		(b). In making a determination, in addition to any other
3		relevant information, an Inspector General shall assess the
4		effect of the prospective employment or relationship upon
5		decisions referred to in subsections (a) and (b), based on the
6		totality of the participation by the former officer, member, or
7		State employee in those decisions. A determination by an
8		Inspector General must be in writing, signed and dated by the
9		Inspector General, and delivered to the subject of the
10		determination within 10 calendar days or the person is deemed
11		eligible for the employment opportunity. For purposes of this
12		subsection, "appropriate Inspector General" means (i) for
13		members and employees of the legislative branch, the
14		Legislative Inspector General; (ii) for the Auditor General and
15		employees of the Office of the Auditor General, the Inspector
16		General provided for in Section 30-5 of this Act; and (iii) for
17		executive branch officers and employees, the Inspector General
18		having jurisdiction over the officer or employee. Notice of any
19		determination of an Inspector General and of any such appeal
20		shall be given to the ultimate jurisdictional authority, the
21		Attorney General, and the Executive Ethics Commission.
22		(g) An Inspector General's determination regarding
23		restrictions under subsection (a) or (b) may be appealed to the
24		appropriate Ethics Commission by the person subject to the
25		decision or the Attorney General no later than the 10th
26		calendar day after the date of the determination.

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1		On appeal, the Ethics Commission or Auditor General shall
2		seek, accept, and consider written public comments regarding a
3		determination. In deciding whether to uphold an Inspector
4		General's determination, the appropriate Ethics Commission or
5		Auditor General shall assess, in addition to any other relevant
6		information, the effect of the prospective employment or
7		relationship upon the decisions referred to in subsections (a)
8		and (b), based on the totality of the participation by the
9		former officer, member, or State employee in those decisions.
10		The Ethics Commission shall decide whether to uphold an
11		Inspector General's determination within 10 calendar days or
12		the person is deemed eligible for the employment opportunity.
13		(h) The following officers, members, or State employees
14		shall not, within a period of one year immediately after
15		termination of office or State employment, knowingly accept
16		employment or receive compensation or fees for services from a
17		person or entity if the person or entity or its parent or
18		subsidiary, during the year immediately preceding termination
19		of State employment, was a party to a State contract or
20		contracts with a cumulative value of $25,000 or more involving
21		the officer, member, or State employee's State agency, or was
22		the subject of a regulatory or licensing decision involving the
23		officer, member, or State employee's State agency, regardless
24		of whether he or she participated personally and substantially
25		in the award of the State contract or contracts or the making
26		of the regulatory or licensing decision in question:

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1		(1) members or officers;
2		(2) members of a commission or board created by the
3		Illinois Constitution;
4		(3) persons whose appointment to office is subject to
5		the advice and consent of the Senate;
6		(4) the head of a department, commission, board,
7		division, bureau, authority, or other administrative unit
8		within the government of this State;
9		(5) chief procurement officers, State purchasing
10		officers, and their designees whose duties are directly
11		related to State procurement;
12		(6) chiefs of staff, deputy chiefs of staff, associate
13		chiefs of staff, assistant chiefs of staff, and deputy
14		governors;
15		(7) employees of the Illinois Racing Board; and
16		(8) employees of the Illinois Gaming Board.
17		(i) For the purposes of this Section, with respect to
18		officers or employees of a regional transit board, as defined
19		in this Act, the phrase "person or entity" does not include:
20		(i) the United States government, (ii) the State, (iii)
21		municipalities, as defined under Article VII, Section 1 of the
22		Illinois Constitution, (iv) units of local government, as
23		defined under Article VII, Section 1 of the Illinois
24		Constitution, or (v) school districts.
25		(Source: P.A. 101-31, eff. 6-28-19.)

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1		Section 5. The Criminal Identification Act is amended by
2		changing Section 5.2 as follows:
3		(20 ILCS 2630/5.2)
4		Sec. 5.2. Expungement, sealing, and immediate sealing.
5		(a) General Provisions.
6		(1) Definitions. In this Act, words and phrases have
7		the meanings set forth in this subsection, except when a
8		particular context clearly requires a different meaning.
9		(A) The following terms shall have the meanings
10		ascribed to them in the Unified Code of Corrections,
11		730 ILCS 5/5-1-2 through 5/5-1-22:
12		(i) Business Offense (730 ILCS 5/5-1-2),
13		(ii) Charge (730 ILCS 5/5-1-3),
14		(iii) Court (730 ILCS 5/5-1-6),
15		(iv) Defendant (730 ILCS 5/5-1-7),
16		(v) Felony (730 ILCS 5/5-1-9),
17		(vi) Imprisonment (730 ILCS 5/5-1-10),
18		(vii) Judgment (730 ILCS 5/5-1-12),
19		(viii) Misdemeanor (730 ILCS 5/5-1-14),
20		(ix) Offense (730 ILCS 5/5-1-15),
21		(x) Parole (730 ILCS 5/5-1-16),
22		(xi) Petty Offense (730 ILCS 5/5-1-17),
23		(xii) Probation (730 ILCS 5/5-1-18),
24		(xiii) Sentence (730 ILCS 5/5-1-19),
25		(xiv) Supervision (730 ILCS 5/5-1-21), and

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1		(xv) Victim (730 ILCS 5/5-1-22).
2		(B) As used in this Section, "charge not initiated
3		by arrest" means a charge (as defined by 730 ILCS
4		5/5-1-3) brought against a defendant where the
5		defendant is not arrested prior to or as a direct
6		result of the charge.
7		(C) "Conviction" means a judgment of conviction or
8		sentence entered upon a plea of guilty or upon a
9		verdict or finding of guilty of an offense, rendered by
10		a legally constituted jury or by a court of competent
11		jurisdiction authorized to try the case without a jury.
12		An order of supervision successfully completed by the
13		petitioner is not a conviction. An order of qualified
14		probation (as defined in subsection (a)(1)(J))
15		successfully completed by the petitioner is not a
16		conviction. An order of supervision or an order of
17		qualified probation that is terminated
18		unsatisfactorily is a conviction, unless the
19		unsatisfactory termination is reversed, vacated, or
20		modified and the judgment of conviction, if any, is
21		reversed or vacated.
22		(D) "Criminal offense" means a petty offense,
23		business offense, misdemeanor, felony, or municipal
24		ordinance violation (as defined in subsection
25		(a)(1)(H)). As used in this Section, a minor traffic
26		offense (as defined in subsection (a)(1)(G)) shall not

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1		be considered a criminal offense.
2		(E) "Expunge" means to physically destroy the
3		records or return them to the petitioner and to
4		obliterate the petitioner's name from any official
5		index or public record, or both. Nothing in this Act
6		shall require the physical destruction of the circuit
7		court file, but such records relating to arrests or
8		charges, or both, ordered expunged shall be impounded
9		as required by subsections (d)(9)(A)(ii) and
10		(d)(9)(B)(ii).
11		(F) As used in this Section, "last sentence" means
12		the sentence, order of supervision, or order of
13		qualified probation (as defined by subsection
14		(a)(1)(J)), for a criminal offense (as defined by
15		subsection (a)(1)(D)) that terminates last in time in
16		any jurisdiction, regardless of whether the petitioner
17		has included the criminal offense for which the
18		sentence or order of supervision or qualified
19		probation was imposed in his or her petition. If
20		multiple sentences, orders of supervision, or orders
21		of qualified probation terminate on the same day and
22		are last in time, they shall be collectively considered
23		the "last sentence" regardless of whether they were
24		ordered to run concurrently.
25		(G) "Minor traffic offense" means a petty offense,
26		business offense, or Class C misdemeanor under the

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1		Illinois Vehicle Code or a similar provision of a
2		municipal or local ordinance.
3		(G-5) "Minor Cannabis Offense" means a violation
4		of Section 4 or 5 of the Cannabis Control Act
5		concerning not more than 30 grams of any substance
6		containing cannabis, provided the violation did not
7		include a penalty enhancement under Section 7 of the
8		Cannabis Control Act and is not associated with an
9		arrest, conviction or other disposition for a violent
10		crime as defined in subsection (c) of Section 3 of the
11		Rights of Crime Victims and Witnesses Act.
12		(H) "Municipal ordinance violation" means an
13		offense defined by a municipal or local ordinance that
14		is criminal in nature and with which the petitioner was
15		charged or for which the petitioner was arrested and
16		released without charging.
17		(I) "Petitioner" means an adult or a minor
18		prosecuted as an adult who has applied for relief under
19		this Section.
20		(J) "Qualified probation" means an order of
21		probation under Section 10 of the Cannabis Control Act,
22		Section 410 of the Illinois Controlled Substances Act,
23		Section 70 of the Methamphetamine Control and
24		Community Protection Act, Section 5-6-3.3 or 5-6-3.4
25		of the Unified Code of Corrections, Section
26		12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as

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1		those provisions existed before their deletion by
2		Public Act 89-313), Section 10-102 of the Illinois
3		Alcoholism and Other Drug Dependency Act, Section
4		40-10 of the Substance Use Disorder Act, or Section 10
5		of the Steroid Control Act. For the purpose of this
6		Section, "successful completion" of an order of
7		qualified probation under Section 10-102 of the
8		Illinois Alcoholism and Other Drug Dependency Act and
9		Section 40-10 of the Substance Use Disorder Act means
10		that the probation was terminated satisfactorily and
11		the judgment of conviction was vacated.
12		(K) "Seal" means to physically and electronically
13		maintain the records, unless the records would
14		otherwise be destroyed due to age, but to make the
15		records unavailable without a court order, subject to
16		the exceptions in Sections 12 and 13 of this Act. The
17		petitioner's name shall also be obliterated from the
18		official index required to be kept by the circuit court
19		clerk under Section 16 of the Clerks of Courts Act, but
20		any index issued by the circuit court clerk before the
21		entry of the order to seal shall not be affected.
22		(L) "Sexual offense committed against a minor"
23		includes, but is not limited to, the offenses of
24		indecent solicitation of a child or criminal sexual
25		abuse when the victim of such offense is under 18 years
26		of age.

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1		(M) "Terminate" as it relates to a sentence or
2		order of supervision or qualified probation includes
3		either satisfactory or unsatisfactory termination of
4		the sentence, unless otherwise specified in this
5		Section. A sentence is terminated notwithstanding any
6		outstanding financial legal obligation.
7		(2) Minor Traffic Offenses. Orders of supervision or
8		convictions for minor traffic offenses shall not affect a
9		petitioner's eligibility to expunge or seal records
10		pursuant to this Section.
11		(2.5) Commencing 180 days after July 29, 2016 (the
12		effective date of Public Act 99-697), the law enforcement
13		agency issuing the citation shall automatically expunge,
14		on or before January 1 and July 1 of each year, the law
15		enforcement records of a person found to have committed a
16		civil law violation of subsection (a) of Section 4 of the
17		Cannabis Control Act or subsection (c) of Section 3.5 of
18		the Drug Paraphernalia Control Act in the law enforcement
19		agency's possession or control and which contains the final
20		satisfactory disposition which pertain to the person
21		issued a citation for that offense. The law enforcement
22		agency shall provide by rule the process for access,
23		review, and to confirm the automatic expungement by the law
24		enforcement agency issuing the citation. Commencing 180
25		days after July 29, 2016 (the effective date of Public Act
26		99-697), the clerk of the circuit court shall expunge, upon

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1		order of the court, or in the absence of a court order on
2		or before January 1 and July 1 of each year, the court
3		records of a person found in the circuit court to have
4		committed a civil law violation of subsection (a) of
5		Section 4 of the Cannabis Control Act or subsection (c) of
6		Section 3.5 of the Drug Paraphernalia Control Act in the
7		clerk's possession or control and which contains the final
8		satisfactory disposition which pertain to the person
9		issued a citation for any of those offenses.
10		(3) Exclusions. Except as otherwise provided in
11		subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
12		of this Section, the court shall not order:
13		(A) the sealing or expungement of the records of
14		arrests or charges not initiated by arrest that result
15		in an order of supervision for or conviction of: (i)
16		any sexual offense committed against a minor; (ii)
17		Section 11-501 of the Illinois Vehicle Code or a
18		similar provision of a local ordinance; or (iii)
19		Section 11-503 of the Illinois Vehicle Code or a
20		similar provision of a local ordinance, unless the
21		arrest or charge is for a misdemeanor violation of
22		subsection (a) of Section 11-503 or a similar provision
23		of a local ordinance, that occurred prior to the
24		offender reaching the age of 25 years and the offender
25		has no other conviction for violating Section 11-501 or
26		11-503 of the Illinois Vehicle Code or a similar

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1		provision of a local ordinance.
2		(B) the sealing or expungement of records of minor
3		traffic offenses (as defined in subsection (a)(1)(G)),
4		unless the petitioner was arrested and released
5		without charging.
6		(C) the sealing of the records of arrests or
7		charges not initiated by arrest which result in an
8		order of supervision or a conviction for the following
9		offenses:
10		(i) offenses included in Article 11 of the
11		Criminal Code of 1961 or the Criminal Code of 2012
12		or a similar provision of a local ordinance, except
13		Section 11-14 and a misdemeanor violation of
14		Section 11-30 of the Criminal Code of 1961 or the
15		Criminal Code of 2012, or a similar provision of a
16		local ordinance;
17		(ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
18		26-5, or 48-1 of the Criminal Code of 1961 or the
19		Criminal Code of 2012, or a similar provision of a
20		local ordinance;
21		(iii) Sections 12-3.1 or 12-3.2 of the
22		Criminal Code of 1961 or the Criminal Code of 2012,
23		or Section 125 of the Stalking No Contact Order
24		Act, or Section 219 of the Civil No Contact Order
25		Act, or a similar provision of a local ordinance;
26		(iv) Class A misdemeanors or felony offenses

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1		under the Humane Care for Animals Act; or
2		(v) any offense or attempted offense that
3		would subject a person to registration under the
4		Sex Offender Registration Act.
5		(D) (blank).
6		(b) Expungement.
7		(1) A petitioner may petition the circuit court to
8		expunge the records of his or her arrests and charges not
9		initiated by arrest when each arrest or charge not
10		initiated by arrest sought to be expunged resulted in: (i)
11		acquittal, dismissal, or the petitioner's release without
12		charging, unless excluded by subsection (a)(3)(B); (ii) a
13		conviction which was vacated or reversed, unless excluded
14		by subsection (a)(3)(B); (iii) an order of supervision and
15		such supervision was successfully completed by the
16		petitioner, unless excluded by subsection (a)(3)(A) or
17		(a)(3)(B); or (iv) an order of qualified probation (as
18		defined in subsection (a)(1)(J)) and such probation was
19		successfully completed by the petitioner.
20		(1.5) When a petitioner seeks to have a record of
21		arrest expunged under this Section, and the offender has
22		been convicted of a criminal offense, the State's Attorney
23		may object to the expungement on the grounds that the
24		records contain specific relevant information aside from
25		the mere fact of the arrest.
26		(2) Time frame for filing a petition to expunge.

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1		(A) When the arrest or charge not initiated by
2		arrest sought to be expunged resulted in an acquittal,
3		dismissal, the petitioner's release without charging,
4		or the reversal or vacation of a conviction, there is
5		no waiting period to petition for the expungement of
6		such records.
7		(B) When the arrest or charge not initiated by
8		arrest sought to be expunged resulted in an order of
9		supervision, successfully completed by the petitioner,
10		the following time frames will apply:
11		(i) Those arrests or charges that resulted in
12		orders of supervision under Section 3-707, 3-708,
13		3-710, or 5-401.3 of the Illinois Vehicle Code or a
14		similar provision of a local ordinance, or under
15		Section 11-1.50, 12-3.2, or 12-15 of the Criminal
16		Code of 1961 or the Criminal Code of 2012, or a
17		similar provision of a local ordinance, shall not
18		be eligible for expungement until 5 years have
19		passed following the satisfactory termination of
20		the supervision.
21		(i-5) Those arrests or charges that resulted
22		in orders of supervision for a misdemeanor
23		violation of subsection (a) of Section 11-503 of
24		the Illinois Vehicle Code or a similar provision of
25		a local ordinance, that occurred prior to the
26		offender reaching the age of 25 years and the

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1		offender has no other conviction for violating
2		Section 11-501 or 11-503 of the Illinois Vehicle
3		Code or a similar provision of a local ordinance
4		shall not be eligible for expungement until the
5		petitioner has reached the age of 25 years.
6		(ii) Those arrests or charges that resulted in
7		orders of supervision for any other offenses shall
8		not be eligible for expungement until 2 years have
9		passed following the satisfactory termination of
10		the supervision.
11		(C) When the arrest or charge not initiated by
12		arrest sought to be expunged resulted in an order of
13		qualified probation, successfully completed by the
14		petitioner, such records shall not be eligible for
15		expungement until 5 years have passed following the
16		satisfactory termination of the probation.
17		(3) Those records maintained by the Department for
18		persons arrested prior to their 17th birthday shall be
19		expunged as provided in Section 5-915 of the Juvenile Court
20		Act of 1987.
21		(4) Whenever a person has been arrested for or
22		convicted of any offense, in the name of a person whose
23		identity he or she has stolen or otherwise come into
24		possession of, the aggrieved person from whom the identity
25		was stolen or otherwise obtained without authorization,
26		upon learning of the person having been arrested using his

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1		or her identity, may, upon verified petition to the chief
2		judge of the circuit wherein the arrest was made, have a
3		court order entered nunc pro tunc by the Chief Judge to
4		correct the arrest record, conviction record, if any, and
5		all official records of the arresting authority, the
6		Department, other criminal justice agencies, the
7		prosecutor, and the trial court concerning such arrest, if
8		any, by removing his or her name from all such records in
9		connection with the arrest and conviction, if any, and by
10		inserting in the records the name of the offender, if known
11		or ascertainable, in lieu of the aggrieved's name. The
12		records of the circuit court clerk shall be sealed until
13		further order of the court upon good cause shown and the
14		name of the aggrieved person obliterated on the official
15		index required to be kept by the circuit court clerk under
16		Section 16 of the Clerks of Courts Act, but the order shall
17		not affect any index issued by the circuit court clerk
18		before the entry of the order. Nothing in this Section
19		shall limit the Department of State Police or other
20		criminal justice agencies or prosecutors from listing
21		under an offender's name the false names he or she has
22		used.
23		(5) Whenever a person has been convicted of criminal
24		sexual assault, aggravated criminal sexual assault,
25		predatory criminal sexual assault of a child, criminal
26		sexual abuse, or aggravated criminal sexual abuse, the

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1		victim of that offense may request that the State's
2		Attorney of the county in which the conviction occurred
3		file a verified petition with the presiding trial judge at
4		the petitioner's trial to have a court order entered to
5		seal the records of the circuit court clerk in connection
6		with the proceedings of the trial court concerning that
7		offense. However, the records of the arresting authority
8		and the Department of State Police concerning the offense
9		shall not be sealed. The court, upon good cause shown,
10		shall make the records of the circuit court clerk in
11		connection with the proceedings of the trial court
12		concerning the offense available for public inspection.
13		(6) If a conviction has been set aside on direct review
14		or on collateral attack and the court determines by clear
15		and convincing evidence that the petitioner was factually
16		innocent of the charge, the court that finds the petitioner
17		factually innocent of the charge shall enter an expungement
18		order for the conviction for which the petitioner has been
19		determined to be innocent as provided in subsection (b) of
20		Section 5-5-4 of the Unified Code of Corrections.
21		(7) Nothing in this Section shall prevent the
22		Department of State Police from maintaining all records of
23		any person who is admitted to probation upon terms and
24		conditions and who fulfills those terms and conditions
25		pursuant to Section 10 of the Cannabis Control Act, Section
26		410 of the Illinois Controlled Substances Act, Section 70

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1		of the Methamphetamine Control and Community Protection
2		Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
3		Corrections, Section 12-4.3 or subdivision (b)(1) of
4		Section 12-3.05 of the Criminal Code of 1961 or the
5		Criminal Code of 2012, Section 10-102 of the Illinois
6		Alcoholism and Other Drug Dependency Act, Section 40-10 of
7		the Substance Use Disorder Act, or Section 10 of the
8		Steroid Control Act.
9		(8) If the petitioner has been granted a certificate of
10		innocence under Section 2-702 of the Code of Civil
11		Procedure, the court that grants the certificate of
12		innocence shall also enter an order expunging the
13		conviction for which the petitioner has been determined to
14		be innocent as provided in subsection (h) of Section 2-702
15		of the Code of Civil Procedure.
16		(c) Sealing.
17		(1) Applicability. Notwithstanding any other provision
18		of this Act to the contrary, and cumulative with any rights
19		to expungement of criminal records, this subsection
20		authorizes the sealing of criminal records of adults and of
21		minors prosecuted as adults. Subsection (g) of this Section
22		provides for immediate sealing of certain records.
23		(2) Eligible Records. The following records may be
24		sealed:
25		(A) All arrests resulting in release without
26		charging;

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1		(B) Arrests or charges not initiated by arrest
2		resulting in acquittal, dismissal, or conviction when
3		the conviction was reversed or vacated, except as
4		excluded by subsection (a)(3)(B);
5		(C) Arrests or charges not initiated by arrest
6		resulting in orders of supervision, including orders
7		of supervision for municipal ordinance violations,
8		successfully completed by the petitioner, unless
9		excluded by subsection (a)(3);
10		(D) Arrests or charges not initiated by arrest
11		resulting in convictions, including convictions on
12		municipal ordinance violations, unless excluded by
13		subsection (a)(3);
14		(E) Arrests or charges not initiated by arrest
15		resulting in orders of first offender probation under
16		Section 10 of the Cannabis Control Act, Section 410 of
17		the Illinois Controlled Substances Act, Section 70 of
18		the Methamphetamine Control and Community Protection
19		Act, or Section 5-6-3.3 of the Unified Code of
20		Corrections; and
21		(F) Arrests or charges not initiated by arrest
22		resulting in felony convictions unless otherwise
23		excluded by subsection (a) paragraph (3) of this
24		Section.
25		(3) When Records Are Eligible to Be Sealed. Records
26		identified as eligible under subsection (c)(2) may be

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1		sealed as follows:
2		(A) Records identified as eligible under
3		subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
4		time.
5		(B) Except as otherwise provided in subparagraph
6		(E) of this paragraph (3), records identified as
7		eligible under subsection (c)(2)(C) may be sealed 2
8		years after the termination of petitioner's last
9		sentence (as defined in subsection (a)(1)(F)).
10		(C) Except as otherwise provided in subparagraph
11		(E) of this paragraph (3), records identified as
12		eligible under subsections (c)(2)(D), (c)(2)(E), and
13		(c)(2)(F) may be sealed 3 years after the termination
14		of the petitioner's last sentence (as defined in
15		subsection (a)(1)(F)). Convictions requiring public
16		registration under the Arsonist Registration Act, the
17		Sex Offender Registration Act, or the Murderer and
18		Violent Offender Against Youth Registration Act may
19		not be sealed until the petitioner is no longer
20		required to register under that relevant Act.
21		(D) Records identified in subsection
22		(a)(3)(A)(iii) may be sealed after the petitioner has
23		reached the age of 25 years.
24		(E) Records identified as eligible under
25		subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or
26		(c)(2)(F) may be sealed upon termination of the

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1		petitioner's last sentence if the petitioner earned a
2		high school diploma, associate's degree, career
3		certificate, vocational technical certification, or
4		bachelor's degree, or passed the high school level Test
5		of General Educational Development, during the period
6		of his or her sentence or mandatory supervised release.
7		This subparagraph shall apply only to a petitioner who
8		has not completed the same educational goal prior to
9		the period of his or her sentence or mandatory
10		supervised release. If a petition for sealing eligible
11		records filed under this subparagraph is denied by the
12		court, the time periods under subparagraph (B) or (C)
13		shall apply to any subsequent petition for sealing
14		filed by the petitioner.
15		(4) Subsequent felony convictions. A person may not
16		have subsequent felony conviction records sealed as
17		provided in this subsection (c) if he or she is convicted
18		of any felony offense after the date of the sealing of
19		prior felony convictions as provided in this subsection
20		(c). The court may, upon conviction for a subsequent felony
21		offense, order the unsealing of prior felony conviction
22		records previously ordered sealed by the court.
23		(5) Notice of eligibility for sealing. Upon entry of a
24		disposition for an eligible record under this subsection
25		(c), the petitioner shall be informed by the court of the
26		right to have the records sealed and the procedures for the

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1		sealing of the records.
2		(d) Procedure. The following procedures apply to
3		expungement under subsections (b), (e), and (e-6) and sealing
4		under subsections (c) and (e-5):
5		(1) Filing the petition. Upon becoming eligible to
6		petition for the expungement or sealing of records under
7		this Section, the petitioner shall file a petition
8		requesting the expungement or sealing of records with the
9		clerk of the court where the arrests occurred or the
10		charges were brought, or both. If arrests occurred or
11		charges were brought in multiple jurisdictions, a petition
12		must be filed in each such jurisdiction. The petitioner
13		shall pay the applicable fee, except no fee shall be
14		required if the petitioner has obtained a court order
15		waiving fees under Supreme Court Rule 298 or it is
16		otherwise waived.
17		(1.5) County fee waiver pilot program. From August 9,
18		2019 (the effective date of Public Act 101-306) this
19		amendatory Act of the 101st General Assembly through
20		December 31, 2020, in a county of 3,000,000 or more
21		inhabitants, no fee shall be required to be paid by a
22		petitioner if the records sought to be expunged or sealed
23		were arrests resulting in release without charging or
24		arrests or charges not initiated by arrest resulting in
25		acquittal, dismissal, or conviction when the conviction
26		was reversed or vacated, unless excluded by subsection

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1		(a)(3)(B). The provisions of this paragraph (1.5), other
2		than this sentence, are inoperative on and after January 1,
3		2021.
4		(2) Contents of petition. The petition shall be
5		verified and shall contain the petitioner's name, date of
6		birth, current address and, for each arrest or charge not
7		initiated by arrest sought to be sealed or expunged, the
8		case number, the date of arrest (if any), the identity of
9		the arresting authority, and such other information as the
10		court may require. During the pendency of the proceeding,
11		the petitioner shall promptly notify the circuit court
12		clerk of any change of his or her address. If the
13		petitioner has received a certificate of eligibility for
14		sealing from the Prisoner Review Board under paragraph (10)
15		of subsection (a) of Section 3-3-2 of the Unified Code of
16		Corrections, the certificate shall be attached to the
17		petition.
18		(3) Drug test. The petitioner must attach to the
19		petition proof that the petitioner has passed a test taken
20		within 30 days before the filing of the petition showing
21		the absence within his or her body of all illegal
22		substances as defined by the Illinois Controlled
23		Substances Act, the Methamphetamine Control and Community
24		Protection Act, and the Cannabis Control Act if he or she
25		is petitioning to:
26		(A) seal felony records under clause (c)(2)(E);

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1		(B) seal felony records for a violation of the
2		Illinois Controlled Substances Act, the
3		Methamphetamine Control and Community Protection Act,
4		or the Cannabis Control Act under clause (c)(2)(F);
5		(C) seal felony records under subsection (e-5); or
6		(D) expunge felony records of a qualified
7		probation under clause (b)(1)(iv).
8		(4) Service of petition. The circuit court clerk shall
9		promptly serve a copy of the petition and documentation to
10		support the petition under subsection (e-5) or (e-6) on the
11		State's Attorney or prosecutor charged with the duty of
12		prosecuting the offense, the Department of State Police,
13		the arresting agency and the chief legal officer of the
14		unit of local government effecting the arrest.
15		(5) Objections.
16		(A) Any party entitled to notice of the petition
17		may file an objection to the petition. All objections
18		shall be in writing, shall be filed with the circuit
19		court clerk, and shall state with specificity the basis
20		of the objection. Whenever a person who has been
21		convicted of an offense is granted a pardon by the
22		Governor which specifically authorizes expungement, an
23		objection to the petition may not be filed.
24		(B) Objections to a petition to expunge or seal
25		must be filed within 60 days of the date of service of
26		the petition.

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1		(6) Entry of order.
2		(A) The Chief Judge of the circuit wherein the
3		charge was brought, any judge of that circuit
4		designated by the Chief Judge, or in counties of less
5		than 3,000,000 inhabitants, the presiding trial judge
6		at the petitioner's trial, if any, shall rule on the
7		petition to expunge or seal as set forth in this
8		subsection (d)(6).
9		(B) Unless the State's Attorney or prosecutor, the
10		Department of State Police, the arresting agency, or
11		the chief legal officer files an objection to the
12		petition to expunge or seal within 60 days from the
13		date of service of the petition, the court shall enter
14		an order granting or denying the petition.
15		(C) Notwithstanding any other provision of law,
16		the court shall not deny a petition for sealing under
17		this Section because the petitioner has not satisfied
18		an outstanding legal financial obligation established,
19		imposed, or originated by a court, law enforcement
20		agency, or a municipal, State, county, or other unit of
21		local government, including, but not limited to, any
22		cost, assessment, fine, or fee. An outstanding legal
23		financial obligation does not include any court
24		ordered restitution to a victim under Section 5-5-6 of
25		the Unified Code of Corrections, unless the
26		restitution has been converted to a civil judgment.

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1		Nothing in this subparagraph (C) waives, rescinds, or
2		abrogates a legal financial obligation or otherwise
3		eliminates or affects the right of the holder of any
4		financial obligation to pursue collection under
5		applicable federal, State, or local law.
6		(7) Hearings. If an objection is filed, the court shall
7		set a date for a hearing and notify the petitioner and all
8		parties entitled to notice of the petition of the hearing
9		date at least 30 days prior to the hearing. Prior to the
10		hearing, the State's Attorney shall consult with the
11		Department as to the appropriateness of the relief sought
12		in the petition to expunge or seal. At the hearing, the
13		court shall hear evidence on whether the petition should or
14		should not be granted, and shall grant or deny the petition
15		to expunge or seal the records based on the evidence
16		presented at the hearing. The court may consider the
17		following:
18		(A) the strength of the evidence supporting the
19		defendant's conviction;
20		(B) the reasons for retention of the conviction
21		records by the State;
22		(C) the petitioner's age, criminal record history,
23		and employment history;
24		(D) the period of time between the petitioner's
25		arrest on the charge resulting in the conviction and
26		the filing of the petition under this Section; and

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1		(E) the specific adverse consequences the
2		petitioner may be subject to if the petition is denied.
3		(8) Service of order. After entering an order to
4		expunge or seal records, the court must provide copies of
5		the order to the Department, in a form and manner
6		prescribed by the Department, to the petitioner, to the
7		State's Attorney or prosecutor charged with the duty of
8		prosecuting the offense, to the arresting agency, to the
9		chief legal officer of the unit of local government
10		effecting the arrest, and to such other criminal justice
11		agencies as may be ordered by the court.
12		(9) Implementation of order.
13		(A) Upon entry of an order to expunge records
14		pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
15		(i) the records shall be expunged (as defined
16		in subsection (a)(1)(E)) by the arresting agency,
17		the Department, and any other agency as ordered by
18		the court, within 60 days of the date of service of
19		the order, unless a motion to vacate, modify, or
20		reconsider the order is filed pursuant to
21		paragraph (12) of subsection (d) of this Section;
22		(ii) the records of the circuit court clerk
23		shall be impounded until further order of the court
24		upon good cause shown and the name of the
25		petitioner obliterated on the official index
26		required to be kept by the circuit court clerk

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1		under Section 16 of the Clerks of Courts Act, but
2		the order shall not affect any index issued by the
3		circuit court clerk before the entry of the order;
4		and
5		(iii) in response to an inquiry for expunged
6		records, the court, the Department, or the agency
7		receiving such inquiry, shall reply as it does in
8		response to inquiries when no records ever
9		existed.
10		(B) Upon entry of an order to expunge records
11		pursuant to (b)(2)(B)(i) or (b)(2)(C), or both:
12		(i) the records shall be expunged (as defined
13		in subsection (a)(1)(E)) by the arresting agency
14		and any other agency as ordered by the court,
15		within 60 days of the date of service of the order,
16		unless a motion to vacate, modify, or reconsider
17		the order is filed pursuant to paragraph (12) of
18		subsection (d) of this Section;
19		(ii) the records of the circuit court clerk
20		shall be impounded until further order of the court
21		upon good cause shown and the name of the
22		petitioner obliterated on the official index
23		required to be kept by the circuit court clerk
24		under Section 16 of the Clerks of Courts Act, but
25		the order shall not affect any index issued by the
26		circuit court clerk before the entry of the order;

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1		(iii) the records shall be impounded by the
2		Department within 60 days of the date of service of
3		the order as ordered by the court, unless a motion
4		to vacate, modify, or reconsider the order is filed
5		pursuant to paragraph (12) of subsection (d) of
6		this Section;
7		(iv) records impounded by the Department may
8		be disseminated by the Department only as required
9		by law or to the arresting authority, the State's
10		Attorney, and the court upon a later arrest for the
11		same or a similar offense or for the purpose of
12		sentencing for any subsequent felony, and to the
13		Department of Corrections upon conviction for any
14		offense; and
15		(v) in response to an inquiry for such records
16		from anyone not authorized by law to access such
17		records, the court, the Department, or the agency
18		receiving such inquiry shall reply as it does in
19		response to inquiries when no records ever
20		existed.
21		(B-5) Upon entry of an order to expunge records
22		under subsection (e-6):
23		(i) the records shall be expunged (as defined
24		in subsection (a)(1)(E)) by the arresting agency
25		and any other agency as ordered by the court,
26		within 60 days of the date of service of the order,

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1		unless a motion to vacate, modify, or reconsider
2		the order is filed under paragraph (12) of
3		subsection (d) of this Section;
4		(ii) the records of the circuit court clerk
5		shall be impounded until further order of the court
6		upon good cause shown and the name of the
7		petitioner obliterated on the official index
8		required to be kept by the circuit court clerk
9		under Section 16 of the Clerks of Courts Act, but
10		the order shall not affect any index issued by the
11		circuit court clerk before the entry of the order;
12		(iii) the records shall be impounded by the
13		Department within 60 days of the date of service of
14		the order as ordered by the court, unless a motion
15		to vacate, modify, or reconsider the order is filed
16		under paragraph (12) of subsection (d) of this
17		Section;
18		(iv) records impounded by the Department may
19		be disseminated by the Department only as required
20		by law or to the arresting authority, the State's
21		Attorney, and the court upon a later arrest for the
22		same or a similar offense or for the purpose of
23		sentencing for any subsequent felony, and to the
24		Department of Corrections upon conviction for any
25		offense; and
26		(v) in response to an inquiry for these records

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1		from anyone not authorized by law to access the
2		records, the court, the Department, or the agency
3		receiving the inquiry shall reply as it does in
4		response to inquiries when no records ever
5		existed.
6		(C) Upon entry of an order to seal records under
7		subsection (c), the arresting agency, any other agency
8		as ordered by the court, the Department, and the court
9		shall seal the records (as defined in subsection
10		(a)(1)(K)). In response to an inquiry for such records,
11		from anyone not authorized by law to access such
12		records, the court, the Department, or the agency
13		receiving such inquiry shall reply as it does in
14		response to inquiries when no records ever existed.
15		(D) The Department shall send written notice to the
16		petitioner of its compliance with each order to expunge
17		or seal records within 60 days of the date of service
18		of that order or, if a motion to vacate, modify, or
19		reconsider is filed, within 60 days of service of the
20		order resolving the motion, if that order requires the
21		Department to expunge or seal records. In the event of
22		an appeal from the circuit court order, the Department
23		shall send written notice to the petitioner of its
24		compliance with an Appellate Court or Supreme Court
25		judgment to expunge or seal records within 60 days of
26		the issuance of the court's mandate. The notice is not

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1		required while any motion to vacate, modify, or
2		reconsider, or any appeal or petition for
3		discretionary appellate review, is pending.
4		(E) Upon motion, the court may order that a sealed
5		judgment or other court record necessary to
6		demonstrate the amount of any legal financial
7		obligation due and owing be made available for the
8		limited purpose of collecting any legal financial
9		obligations owed by the petitioner that were
10		established, imposed, or originated in the criminal
11		proceeding for which those records have been sealed.
12		The records made available under this subparagraph (E)
13		shall not be entered into the official index required
14		to be kept by the circuit court clerk under Section 16
15		of the Clerks of Courts Act and shall be immediately
16		re-impounded upon the collection of the outstanding
17		financial obligations.
18		(F) Notwithstanding any other provision of this
19		Section, a circuit court clerk may access a sealed
20		record for the limited purpose of collecting payment
21		for any legal financial obligations that were
22		established, imposed, or originated in the criminal
23		proceedings for which those records have been sealed.
24		(10) Fees. The Department may charge the petitioner a
25		fee equivalent to the cost of processing any order to
26		expunge or seal records. Notwithstanding any provision of

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1		the Clerks of Courts Act to the contrary, the circuit court
2		clerk may charge a fee equivalent to the cost associated
3		with the sealing or expungement of records by the circuit
4		court clerk. From the total filing fee collected for the
5		petition to seal or expunge, the circuit court clerk shall
6		deposit $10 into the Circuit Court Clerk Operation and
7		Administrative Fund, to be used to offset the costs
8		incurred by the circuit court clerk in performing the
9		additional duties required to serve the petition to seal or
10		expunge on all parties. The circuit court clerk shall
11		collect and forward the Department of State Police portion
12		of the fee to the Department and it shall be deposited in
13		the State Police Services Fund. If the record brought under
14		an expungement petition was previously sealed under this
15		Section, the fee for the expungement petition for that same
16		record shall be waived.
17		(11) Final Order. No court order issued under the
18		expungement or sealing provisions of this Section shall
19		become final for purposes of appeal until 30 days after
20		service of the order on the petitioner and all parties
21		entitled to notice of the petition.
22		(12) Motion to Vacate, Modify, or Reconsider. Under
23		Section 2-1203 of the Code of Civil Procedure, the
24		petitioner or any party entitled to notice may file a
25		motion to vacate, modify, or reconsider the order granting
26		or denying the petition to expunge or seal within 60 days

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1		of service of the order. If filed more than 60 days after
2		service of the order, a petition to vacate, modify, or
3		reconsider shall comply with subsection (c) of Section
4		2-1401 of the Code of Civil Procedure. Upon filing of a
5		motion to vacate, modify, or reconsider, notice of the
6		motion shall be served upon the petitioner and all parties
7		entitled to notice of the petition.
8		(13) Effect of Order. An order granting a petition
9		under the expungement or sealing provisions of this Section
10		shall not be considered void because it fails to comply
11		with the provisions of this Section or because of any error
12		asserted in a motion to vacate, modify, or reconsider. The
13		circuit court retains jurisdiction to determine whether
14		the order is voidable and to vacate, modify, or reconsider
15		its terms based on a motion filed under paragraph (12) of
16		this subsection (d).
17		(14) Compliance with Order Granting Petition to Seal
18		Records. Unless a court has entered a stay of an order
19		granting a petition to seal, all parties entitled to notice
20		of the petition must fully comply with the terms of the
21		order within 60 days of service of the order even if a
22		party is seeking relief from the order through a motion
23		filed under paragraph (12) of this subsection (d) or is
24		appealing the order.
25		(15) Compliance with Order Granting Petition to
26		Expunge Records. While a party is seeking relief from the

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1		order granting the petition to expunge through a motion
2		filed under paragraph (12) of this subsection (d) or is
3		appealing the order, and unless a court has entered a stay
4		of that order, the parties entitled to notice of the
5		petition must seal, but need not expunge, the records until
6		there is a final order on the motion for relief or, in the
7		case of an appeal, the issuance of that court's mandate.
8		(16) The changes to this subsection (d) made by Public
9		Act 98-163 apply to all petitions pending on August 5, 2013
10		(the effective date of Public Act 98-163) and to all orders
11		ruling on a petition to expunge or seal on or after August
12		5, 2013 (the effective date of Public Act 98-163).
13		(e) Whenever a person who has been convicted of an offense
14		is granted a pardon by the Governor which specifically
15		authorizes expungement, he or she may, upon verified petition
16		to the Chief Judge of the circuit where the person had been
17		convicted, any judge of the circuit designated by the Chief
18		Judge, or in counties of less than 3,000,000 inhabitants, the
19		presiding trial judge at the defendant's trial, have a court
20		order entered expunging the record of arrest from the official
21		records of the arresting authority and order that the records
22		of the circuit court clerk and the Department be sealed until
23		further order of the court upon good cause shown or as
24		otherwise provided herein, and the name of the defendant
25		obliterated from the official index requested to be kept by the
26		circuit court clerk under Section 16 of the Clerks of Courts

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1		Act in connection with the arrest and conviction for the
2		offense for which he or she had been pardoned but the order
3		shall not affect any index issued by the circuit court clerk
4		before the entry of the order. All records sealed by the
5		Department may be disseminated by the Department only to the
6		arresting authority, the State's Attorney, and the court upon a
7		later arrest for the same or similar offense or for the purpose
8		of sentencing for any subsequent felony. Upon conviction for
9		any subsequent offense, the Department of Corrections shall
10		have access to all sealed records of the Department pertaining
11		to that individual. Upon entry of the order of expungement, the
12		circuit court clerk shall promptly mail a copy of the order to
13		the person who was pardoned.
14		(e-5) Whenever a person who has been convicted of an
15		offense is granted a certificate of eligibility for sealing by
16		the Prisoner Review Board which specifically authorizes
17		sealing, he or she may, upon verified petition to the Chief
18		Judge of the circuit where the person had been convicted, any
19		judge of the circuit designated by the Chief Judge, or in
20		counties of less than 3,000,000 inhabitants, the presiding
21		trial judge at the petitioner's trial, have a court order
22		entered sealing the record of arrest from the official records
23		of the arresting authority and order that the records of the
24		circuit court clerk and the Department be sealed until further
25		order of the court upon good cause shown or as otherwise
26		provided herein, and the name of the petitioner obliterated

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1		from the official index requested to be kept by the circuit
2		court clerk under Section 16 of the Clerks of Courts Act in
3		connection with the arrest and conviction for the offense for
4		which he or she had been granted the certificate but the order
5		shall not affect any index issued by the circuit court clerk
6		before the entry of the order. All records sealed by the
7		Department may be disseminated by the Department only as
8		required by this Act or to the arresting authority, a law
9		enforcement agency, the State's Attorney, and the court upon a
10		later arrest for the same or similar offense or for the purpose
11		of sentencing for any subsequent felony. Upon conviction for
12		any subsequent offense, the Department of Corrections shall
13		have access to all sealed records of the Department pertaining
14		to that individual. Upon entry of the order of sealing, the
15		circuit court clerk shall promptly mail a copy of the order to
16		the person who was granted the certificate of eligibility for
17		sealing.
18		(e-6) Whenever a person who has been convicted of an
19		offense is granted a certificate of eligibility for expungement
20		by the Prisoner Review Board which specifically authorizes
21		expungement, he or she may, upon verified petition to the Chief
22		Judge of the circuit where the person had been convicted, any
23		judge of the circuit designated by the Chief Judge, or in
24		counties of less than 3,000,000 inhabitants, the presiding
25		trial judge at the petitioner's trial, have a court order
26		entered expunging the record of arrest from the official

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1		records of the arresting authority and order that the records
2		of the circuit court clerk and the Department be sealed until
3		further order of the court upon good cause shown or as
4		otherwise provided herein, and the name of the petitioner
5		obliterated from the official index requested to be kept by the
6		circuit court clerk under Section 16 of the Clerks of Courts
7		Act in connection with the arrest and conviction for the
8		offense for which he or she had been granted the certificate
9		but the order shall not affect any index issued by the circuit
10		court clerk before the entry of the order. All records sealed
11		by the Department may be disseminated by the Department only as
12		required by this Act or to the arresting authority, a law
13		enforcement agency, the State's Attorney, and the court upon a
14		later arrest for the same or similar offense or for the purpose
15		of sentencing for any subsequent felony. Upon conviction for
16		any subsequent offense, the Department of Corrections shall
17		have access to all expunged records of the Department
18		pertaining to that individual. Upon entry of the order of
19		expungement, the circuit court clerk shall promptly mail a copy
20		of the order to the person who was granted the certificate of
21		eligibility for expungement.
22		(f) Subject to available funding, the Illinois Department
23		of Corrections shall conduct a study of the impact of sealing,
24		especially on employment and recidivism rates, utilizing a
25		random sample of those who apply for the sealing of their
26		criminal records under Public Act 93-211. At the request of the

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1		Illinois Department of Corrections, records of the Illinois
2		Department of Employment Security shall be utilized as
3		appropriate to assist in the study. The study shall not
4		disclose any data in a manner that would allow the
5		identification of any particular individual or employing unit.
6		The study shall be made available to the General Assembly no
7		later than September 1, 2010.
8		(g) Immediate Sealing.
9		(1) Applicability. Notwithstanding any other provision
10		of this Act to the contrary, and cumulative with any rights
11		to expungement or sealing of criminal records, this
12		subsection authorizes the immediate sealing of criminal
13		records of adults and of minors prosecuted as adults.
14		(2) Eligible Records. Arrests or charges not initiated
15		by arrest resulting in acquittal or dismissal with
16		prejudice, except as excluded by subsection (a)(3)(B),
17		that occur on or after January 1, 2018 (the effective date
18		of Public Act 100-282), may be sealed immediately if the
19		petition is filed with the circuit court clerk on the same
20		day and during the same hearing in which the case is
21		disposed.
22		(3) When Records are Eligible to be Immediately Sealed.
23		Eligible records under paragraph (2) of this subsection (g)
24		may be sealed immediately after entry of the final
25		disposition of a case, notwithstanding the disposition of
26		other charges in the same case.

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1		(4) Notice of Eligibility for Immediate Sealing. Upon
2		entry of a disposition for an eligible record under this
3		subsection (g), the defendant shall be informed by the
4		court of his or her right to have eligible records
5		immediately sealed and the procedure for the immediate
6		sealing of these records.
7		(5) Procedure. The following procedures apply to
8		immediate sealing under this subsection (g).
9		(A) Filing the Petition. Upon entry of the final
10		disposition of the case, the defendant's attorney may
11		immediately petition the court, on behalf of the
12		defendant, for immediate sealing of eligible records
13		under paragraph (2) of this subsection (g) that are
14		entered on or after January 1, 2018 (the effective date
15		of Public Act 100-282). The immediate sealing petition
16		may be filed with the circuit court clerk during the
17		hearing in which the final disposition of the case is
18		entered. If the defendant's attorney does not file the
19		petition for immediate sealing during the hearing, the
20		defendant may file a petition for sealing at any time
21		as authorized under subsection (c)(3)(A).
22		(B) Contents of Petition. The immediate sealing
23		petition shall be verified and shall contain the
24		petitioner's name, date of birth, current address, and
25		for each eligible record, the case number, the date of
26		arrest if applicable, the identity of the arresting

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1		authority if applicable, and other information as the
2		court may require.
3		(C) Drug Test. The petitioner shall not be required
4		to attach proof that he or she has passed a drug test.
5		(D) Service of Petition. A copy of the petition
6		shall be served on the State's Attorney in open court.
7		The petitioner shall not be required to serve a copy of
8		the petition on any other agency.
9		(E) Entry of Order. The presiding trial judge shall
10		enter an order granting or denying the petition for
11		immediate sealing during the hearing in which it is
12		filed. Petitions for immediate sealing shall be ruled
13		on in the same hearing in which the final disposition
14		of the case is entered.
15		(F) Hearings. The court shall hear the petition for
16		immediate sealing on the same day and during the same
17		hearing in which the disposition is rendered.
18		(G) Service of Order. An order to immediately seal
19		eligible records shall be served in conformance with
20		subsection (d)(8).
21		(H) Implementation of Order. An order to
22		immediately seal records shall be implemented in
23		conformance with subsections (d)(9)(C) and (d)(9)(D).
24		(I) Fees. The fee imposed by the circuit court
25		clerk and the Department of State Police shall comply
26		with paragraph (1) of subsection (d) of this Section.

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1		(J) Final Order. No court order issued under this
2		subsection (g) shall become final for purposes of
3		appeal until 30 days after service of the order on the
4		petitioner and all parties entitled to service of the
5		order in conformance with subsection (d)(8).
6		(K) Motion to Vacate, Modify, or Reconsider. Under
7		Section 2-1203 of the Code of Civil Procedure, the
8		petitioner, State's Attorney, or the Department of
9		State Police may file a motion to vacate, modify, or
10		reconsider the order denying the petition to
11		immediately seal within 60 days of service of the
12		order. If filed more than 60 days after service of the
13		order, a petition to vacate, modify, or reconsider
14		shall comply with subsection (c) of Section 2-1401 of
15		the Code of Civil Procedure.
16		(L) Effect of Order. An order granting an immediate
17		sealing petition shall not be considered void because
18		it fails to comply with the provisions of this Section
19		or because of an error asserted in a motion to vacate,
20		modify, or reconsider. The circuit court retains
21		jurisdiction to determine whether the order is
22		voidable, and to vacate, modify, or reconsider its
23		terms based on a motion filed under subparagraph (L) of
24		this subsection (g).
25		(M) Compliance with Order Granting Petition to
26		Seal Records. Unless a court has entered a stay of an

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1		order granting a petition to immediately seal, all
2		parties entitled to service of the order must fully
3		comply with the terms of the order within 60 days of
4		service of the order.
5		(h) Sealing; trafficking victims.
6		(1) A trafficking victim as defined by paragraph (10)
7		of subsection (a) of Section 10-9 of the Criminal Code of
8		2012 shall be eligible to petition for immediate sealing of
9		his or her criminal record upon the completion of his or
10		her last sentence if his or her participation in the
11		underlying offense was a direct result of human trafficking
12		under Section 10-9 of the Criminal Code of 2012 or a severe
13		form of trafficking under the federal Trafficking Victims
14		Protection Act.
15		(2) A petitioner under this subsection (h), in addition
16		to the requirements provided under paragraph (4) of
17		subsection (d) of this Section, shall include in his or her
18		petition a clear and concise statement that: (A) he or she
19		was a victim of human trafficking at the time of the
20		offense; and (B) that his or her participation in the
21		offense was a direct result of human trafficking under
22		Section 10-9 of the Criminal Code of 2012 or a severe form
23		of trafficking under the federal Trafficking Victims
24		Protection Act.
25		(3) If an objection is filed alleging that the
26		petitioner is not entitled to immediate sealing under this

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1		subsection (h), the court shall conduct a hearing under
2		paragraph (7) of subsection (d) of this Section and the
3		court shall determine whether the petitioner is entitled to
4		immediate sealing under this subsection (h). A petitioner
5		is eligible for immediate relief under this subsection (h)
6		if he or she shows, by a preponderance of the evidence,
7		that: (A) he or she was a victim of human trafficking at
8		the time of the offense; and (B) that his or her
9		participation in the offense was a direct result of human
10		trafficking under Section 10-9 of the Criminal Code of 2012
11		or a severe form of trafficking under the federal
12		Trafficking Victims Protection Act.
13		(i) Minor Cannabis Offenses under the Cannabis Control Act.
14		(1) Expungement of Arrest Records of Minor Cannabis
15		Offenses.
16		(A) The Department of State Police and all law
17		enforcement agencies within the State shall
18		automatically expunge all criminal history records of
19		an arrest, charge not initiated by arrest, order of
20		supervision, or order of qualified probation for a
21		Minor Cannabis Offense committed prior to June 25, 2019
22		(the effective date of Public Act 101-27) this
23		amendatory Act of the 101st General Assembly if:
24		(i) One year or more has elapsed since the date
25		of the arrest or law enforcement interaction
26		documented in the records; and

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1		(ii) No criminal charges were filed relating
2		to the arrest or law enforcement interaction or
3		criminal charges were filed and subsequently
4		dismissed or vacated or the arrestee was
5		acquitted.
6		(B) If the law enforcement agency is unable to
7		verify satisfaction of condition (ii) in paragraph
8		(A), records that satisfy condition (i) in paragraph
9		(A) shall be automatically expunged.
10		(C) Records shall be expunged by the law
11		enforcement agency pursuant to the procedures set
12		forth in subdivision (d)(9)(A) under the following
13		timelines:
14		(i) Records created prior to June 25, 2019 (the
15		effective date of Public Act 101-27) this
16		amendatory Act of the 101st General Assembly, but
17		on or after January 1, 2013, shall be automatically
18		expunged prior to January 1, 2021;
19		(ii) Records created prior to January 1, 2013,
20		but on or after January 1, 2000, shall be
21		automatically expunged prior to January 1, 2023;
22		(iii) Records created prior to January 1, 2000
23		shall be automatically expunged prior to January
24		1, 2025.
25		In response to an inquiry for expunged records, the
26		law enforcement agency receiving such inquiry shall

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1		reply as it does in response to inquiries when no
2		records ever existed; however, it shall provide a
3		certificate of disposition or confirmation that the
4		record was expunged to the individual whose record was
5		expunged if such a record exists.
6		(D) Nothing in this Section shall be construed to
7		restrict or modify an individual's right to have that
8		individual's records expunged except as otherwise may
9		be provided in this Act, or diminish or abrogate any
10		rights or remedies otherwise available to the
11		individual.
12		(2) Pardons Authorizing Expungement of Minor Cannabis
13		Offenses.
14		(A) Upon June 25, 2019 (the effective date of
15		Public Act 101-27) this amendatory Act of the 101st
16		General Assembly, the Department of State Police shall
17		review all criminal history record information and
18		identify all records that meet all of the following
19		criteria:
20		(i) one or more convictions for a Minor
21		Cannabis Offense;
22		(ii) the conviction identified in paragraph
23		(2)(A)(i) did not include a penalty enhancement
24		under Section 7 of the Cannabis Control Act; and
25		(iii) the conviction identified in paragraph
26		(2)(A)(i) is not associated with a an arrest,

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1		conviction or other disposition for a violent
2		crime as defined in subsection (c) of Section 3 of
3		the Rights of Crime Victims and Witnesses Act.
4		(B) Within 180 days after June 25, 2019 (the
5		effective date of Public Act 101-27) this amendatory
6		Act of the 101st General Assembly, the Department of
7		State Police shall notify the Prisoner Review Board of
8		all such records that meet the criteria established in
9		paragraph (2)(A).
10		(i) The Prisoner Review Board shall notify the
11		State's Attorney of the county of conviction of
12		each record identified by State Police in
13		paragraph (2)(A) that is classified as a Class 4
14		felony. The State's Attorney may provide a written
15		objection to the Prisoner Review Board on the sole
16		basis that the record identified does not meet the
17		criteria established in paragraph (2)(A). Such an
18		objection must be filed within 60 days or by such
19		later date set by Prisoner Review Board in the
20		notice after the State's Attorney received notice
21		from the Prisoner Review Board.
22		(ii) In response to a written objection from a
23		State's Attorney, the Prisoner Review Board is
24		authorized to conduct a non-public hearing to
25		evaluate the information provided in the
26		objection.

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1		(iii) The Prisoner Review Board shall make a
2		confidential and privileged recommendation to the
3		Governor as to whether to grant a pardon
4		authorizing expungement for each of the records
5		identified by the Department of State Police as
6		described in paragraph (2)(A).
7		(C) If an individual has been granted a pardon
8		authorizing expungement as described in this Section,
9		the Prisoner Review Board, through the Attorney
10		General, shall file a petition for expungement with the
11		Chief Judge of the circuit or any judge of the circuit
12		designated by the Chief Judge where the individual had
13		been convicted. Such petition may include more than one
14		individual. Whenever an individual who has been
15		convicted of an offense is granted a pardon by the
16		Governor that specifically authorizes expungement, an
17		objection to the petition may not be filed. Petitions
18		to expunge under this subsection (i) may include more
19		than one individual. Within 90 days of the filing of
20		such a petition, the court shall enter an order
21		expunging the records of arrest from the official
22		records of the arresting authority and order that the
23		records of the circuit court clerk and the Department
24		of State Police be expunged and the name of the
25		defendant obliterated from the official index
26		requested to be kept by the circuit court clerk under

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1		Section 16 of the Clerks of Courts Act in connection
2		with the arrest and conviction for the offense for
3		which the individual had received a pardon but the
4		order shall not affect any index issued by the circuit
5		court clerk before the entry of the order. Upon entry
6		of the order of expungement, the circuit court clerk
7		shall promptly provide a copy of the order and a
8		certificate of disposition to the individual who was
9		pardoned to the individual's last known address or by
10		electronic means (if available) or otherwise make it
11		available to the individual who was pardoned to the
12		individual's last known address or otherwise make
13		available to the individual upon request.
14		(D) Nothing in this Section is intended to diminish
15		or abrogate any rights or remedies otherwise available
16		to the individual.
17		(3) Any individual may file a motion to vacate and
18		expunge a conviction for a misdemeanor or Class 4 felony
19		violation of Section 4 or Section 5 of the Cannabis Control
20		Act. Motions to vacate and expunge under this subsection
21		(i) may be filed with the circuit court, Chief Judge of a
22		judicial circuit or any judge of the circuit designated by
23		the Chief Judge. The circuit court clerk shall promptly
24		serve a copy of the motion to vacate and expunge, and any
25		supporting documentation, on the State's Attorney or
26		prosecutor charged with the duty of prosecuting the

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1		offense. When considering such a motion to vacate and
2		expunge, a court shall consider the following: the reasons
3		to retain the records provided by law enforcement, the
4		petitioner's age, the petitioner's age at the time of
5		offense, the time since the conviction, and the specific
6		adverse consequences if denied. An individual may file such
7		a petition after the completion of any non-financial
8		sentence or non-financial condition imposed by the
9		conviction. Within 60 days of the filing of such motion, a
10		State's Attorney may file an objection to such a petition
11		along with supporting evidence. If a motion to vacate and
12		expunge is granted, the records shall be expunged in
13		accordance with subparagraphs (d)(8) and sentence or
14		condition imposed by the conviction. Within 60 days of the
15		filing of such motion, a State's Attorney may file an
16		objection to such a petition along with supporting
17		evidence. If a motion to vacate and expunge is granted, the
18		records shall be expunged in accordance with subparagraph
19		(d)(9)(A) of this Section. An agency providing civil legal
20		aid, as defined by Section 15 of the Public Interest
21		Attorney Assistance Act, assisting individuals seeking to
22		file a motion to vacate and expunge under this subsection
23		may file motions to vacate and expunge with the Chief Judge
24		of a judicial circuit or any judge of the circuit
25		designated by the Chief Judge, and the motion may include
26		more than one individual. Motions filed by an agency

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1		providing civil legal aid concerning more than one
2		individual may be prepared, presented, and signed
3		electronically.
4		(4) Any State's Attorney may file a motion to vacate
5		and expunge a conviction for a misdemeanor or Class 4
6		felony violation of Section 4 or Section 5 of the Cannabis
7		Control Act. Motions to vacate and expunge under this
8		subsection (i) may be filed with the circuit court, Chief
9		Judge of a judicial circuit or any judge of the circuit
10		designated by the Chief Judge, and may include more than
11		one individual. Motions filed by a State's Attorney
12		concerning more than one individual may be prepared,
13		presented, and signed electronically. When considering
14		such a motion to vacate and expunge, a court shall consider
15		the following: the reasons to retain the records provided
16		by law enforcement, the individual's age, the individual's
17		age at the time of offense, the time since the conviction,
18		and the specific adverse consequences if denied. Upon entry
19		of an order granting a motion to vacate and expunge records
20		pursuant to this Section, the State's Attorney shall notify
21		the Prisoner Review Board within 30 days. Upon entry of the
22		order of expungement, the circuit court clerk shall
23		promptly provide a copy of the order and a certificate of
24		disposition to the individual whose records will be
25		expunged to the individual's last known address or by
26		electronic means (if available) or otherwise make

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1		available to the individual upon request. If a motion to
2		vacate and expunge is granted, the records shall be
3		expunged in accordance with subparagraphs (d)(8) and
4		(d)(9)(A) of this Section. If the State's Attorney files a
5		motion to vacate and expunge records for Minor Cannabis
6		Offenses pursuant to this Section, the State's Attorney
7		shall notify the Prisoner Review Board within 30 days of
8		such filing. If a motion to vacate and expunge is granted,
9		the records shall be expunged in accordance with
10		subparagraph (d)(9)(A) of this Section.
11		(5) In the public interest, the State's Attorney of a
12		county has standing to file motions to vacate and expunge
13		pursuant to this Section in the circuit court with
14		jurisdiction over the underlying conviction.
15		(6) If a person is arrested for a Minor Cannabis
16		Offense as defined in this Section before June 25, 2019
17		(the effective date of Public Act 101-27) this amendatory
18		Act of the 101st General Assembly and the person's case is
19		still pending but a sentence has not been imposed, the
20		person may petition the court in which the charges are
21		pending for an order to summarily dismiss those charges
22		against him or her, and expunge all official records of his
23		or her arrest, plea, trial, conviction, incarceration,
24		supervision, or expungement. If the court determines, upon
25		review, that: (A) the person was arrested before June 25,
26		2019 (the effective date of Public Act 101-27) this

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1		amendatory Act of the 101st General Assembly for an offense
2		that has been made eligible for expungement; (B) the case
3		is pending at the time; and (C) the person has not been
4		sentenced of the minor cannabis violation eligible for
5		expungement under this subsection, the court shall
6		consider the following: the reasons to retain the records
7		provided by law enforcement, the petitioner's age, the
8		petitioner's age at the time of offense, the time since the
9		conviction, and the specific adverse consequences if
10		denied. If a motion to dismiss and expunge is granted, the
11		records shall be expunged in accordance with subparagraph
12		(d)(9)(A) of this Section.
13		(7) A person imprisoned solely as a result of one or
14		more convictions for Minor Cannabis Offenses under this
15		subsection (i) shall be released from incarceration upon
16		the issuance of an order under this subsection.
17		(8) The Department of State Police shall allow a person
18		to use the access and review process, established in the
19		Department of State Police, for verifying that his or her
20		records relating to Minor Cannabis Offenses of the Cannabis
21		Control Act eligible under this Section have been expunged.
22		(9) No conviction vacated pursuant to this Section
23		shall serve as the basis for damages for time unjustly
24		served as provided in the Court of Claims Act.
25		(10) Effect of Expungement. A person's right to expunge
26		an expungeable offense shall not be limited under this

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1		Section. The effect of an order of expungement shall be to
2		restore the person to the status he or she occupied before
3		the arrest, charge, or conviction.
4		(11) Information. The Department of State Police shall
5		post general information on its website about the
6		expungement process described in this subsection (i).
7		(Source: P.A. 100-201, eff. 8-18-17; 100-282, eff. 1-1-18;
8		100-284, eff. 8-24-17; 100-287, eff. 8-24-17; 100-692, eff.
9		8-3-18; 100-759, eff. 1-1-19; 100-776, eff. 8-10-18; 100-863,
10		eff. 8-14-18; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;
11		101-159, eff. 1-1-20; 101-306, eff. 8-9-19; revised 9-25-19.)
12		Section 6. The Use Tax Act is amended by changing Section
13		3-10 as follows:
14		(35 ILCS 105/3-10)
15		Sec. 3-10. Rate of tax. Unless otherwise provided in this
16		Section, the tax imposed by this Act is at the rate of 6.25% of
17		either the selling price or the fair market value, if any, of
18		the tangible personal property. In all cases where property
19		functionally used or consumed is the same as the property that
20		was purchased at retail, then the tax is imposed on the selling
21		price of the property. In all cases where property functionally
22		used or consumed is a by-product or waste product that has been
23		refined, manufactured, or produced from property purchased at
24		retail, then the tax is imposed on the lower of the fair market

SB1557 Enrolled - 59 - LRB101 08168 SMS 53234 b
1		value, if any, of the specific property so used in this State
2		or on the selling price of the property purchased at retail.
3		For purposes of this Section "fair market value" means the
4		price at which property would change hands between a willing
5		buyer and a willing seller, neither being under any compulsion
6		to buy or sell and both having reasonable knowledge of the
7		relevant facts. The fair market value shall be established by
8		Illinois sales by the taxpayer of the same property as that
9		functionally used or consumed, or if there are no such sales by
10		the taxpayer, then comparable sales or purchases of property of
11		like kind and character in Illinois.
12		Beginning on July 1, 2000 and through December 31, 2000,
13		with respect to motor fuel, as defined in Section 1.1 of the
14		Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
15		the Use Tax Act, the tax is imposed at the rate of 1.25%.
16		Beginning on August 6, 2010 through August 15, 2010, with
17		respect to sales tax holiday items as defined in Section 3-6 of
18		this Act, the tax is imposed at the rate of 1.25%.
19		With respect to gasohol, the tax imposed by this Act
20		applies to (i) 70% of the proceeds of sales made on or after
21		January 1, 1990, and before July 1, 2003, (ii) 80% of the
22		proceeds of sales made on or after July 1, 2003 and on or
23		before July 1, 2017, and (iii) 100% of the proceeds of sales
24		made thereafter. If, at any time, however, the tax under this
25		Act on sales of gasohol is imposed at the rate of 1.25%, then
26		the tax imposed by this Act applies to 100% of the proceeds of

SB1557 Enrolled - 60 - LRB101 08168 SMS 53234 b
1		sales of gasohol made during that time.
2		With respect to majority blended ethanol fuel, the tax
3		imposed by this Act does not apply to the proceeds of sales
4		made on or after July 1, 2003 and on or before December 31,
5		2023 but applies to 100% of the proceeds of sales made
6		thereafter.
7		With respect to biodiesel blends with no less than 1% and
8		no more than 10% biodiesel, the tax imposed by this Act applies
9		to (i) 80% of the proceeds of sales made on or after July 1,
10		2003 and on or before December 31, 2018 and (ii) 100% of the
11		proceeds of sales made thereafter. If, at any time, however,
12		the tax under this Act on sales of biodiesel blends with no
13		less than 1% and no more than 10% biodiesel is imposed at the
14		rate of 1.25%, then the tax imposed by this Act applies to 100%
15		of the proceeds of sales of biodiesel blends with no less than
16		1% and no more than 10% biodiesel made during that time.
17		With respect to 100% biodiesel and biodiesel blends with
18		more than 10% but no more than 99% biodiesel, the tax imposed
19		by this Act does not apply to the proceeds of sales made on or
20		after July 1, 2003 and on or before December 31, 2023 but
21		applies to 100% of the proceeds of sales made thereafter.
22		With respect to food for human consumption that is to be
23		consumed off the premises where it is sold (other than
24		alcoholic beverages, food consisting of or infused with adult
25		use cannabis, soft drinks, and food that has been prepared for
26		immediate consumption) and prescription and nonprescription

SB1557 Enrolled - 61 - LRB101 08168 SMS 53234 b
1		medicines, drugs, medical appliances, products classified as
2		Class III medical devices by the United States Food and Drug
3		Administration that are used for cancer treatment pursuant to a
4		prescription, as well as any accessories and components related
5		to those devices, modifications to a motor vehicle for the
6		purpose of rendering it usable by a person with a disability,
7		and insulin, urine testing materials, syringes, and needles
8		used by diabetics, for human use, the tax is imposed at the
9		rate of 1%. For the purposes of this Section, until September
10		1, 2009: the term "soft drinks" means any complete, finished,
11		ready-to-use, non-alcoholic drink, whether carbonated or not,
12		including but not limited to soda water, cola, fruit juice,
13		vegetable juice, carbonated water, and all other preparations
14		commonly known as soft drinks of whatever kind or description
15		that are contained in any closed or sealed bottle, can, carton,
16		or container, regardless of size; but "soft drinks" does not
17		include coffee, tea, non-carbonated water, infant formula,
18		milk or milk products as defined in the Grade A Pasteurized
19		Milk and Milk Products Act, or drinks containing 50% or more
20		natural fruit or vegetable juice.
21		Notwithstanding any other provisions of this Act,
22		beginning September 1, 2009, "soft drinks" means non-alcoholic
23		beverages that contain natural or artificial sweeteners. "Soft
24		drinks" do not include beverages that contain milk or milk
25		products, soy, rice or similar milk substitutes, or greater
26		than 50% of vegetable or fruit juice by volume.

SB1557 Enrolled - 62 - LRB101 08168 SMS 53234 b
1		Until August 1, 2009, and notwithstanding any other
2		provisions of this Act, "food for human consumption that is to
3		be consumed off the premises where it is sold" includes all
4		food sold through a vending machine, except soft drinks and
5		food products that are dispensed hot from a vending machine,
6		regardless of the location of the vending machine. Beginning
7		August 1, 2009, and notwithstanding any other provisions of
8		this Act, "food for human consumption that is to be consumed
9		off the premises where it is sold" includes all food sold
10		through a vending machine, except soft drinks, candy, and food
11		products that are dispensed hot from a vending machine,
12		regardless of the location of the vending machine.
13		Notwithstanding any other provisions of this Act,
14		beginning September 1, 2009, "food for human consumption that
15		is to be consumed off the premises where it is sold" does not
16		include candy. For purposes of this Section, "candy" means a
17		preparation of sugar, honey, or other natural or artificial
18		sweeteners in combination with chocolate, fruits, nuts or other
19		ingredients or flavorings in the form of bars, drops, or
20		pieces. "Candy" does not include any preparation that contains
21		flour or requires refrigeration.
22		Notwithstanding any other provisions of this Act,
23		beginning September 1, 2009, "nonprescription medicines and
24		drugs" does not include grooming and hygiene products. For
25		purposes of this Section, "grooming and hygiene products"
26		includes, but is not limited to, soaps and cleaning solutions,

SB1557 Enrolled - 63 - LRB101 08168 SMS 53234 b
1		shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
2		lotions and screens, unless those products are available by
3		prescription only, regardless of whether the products meet the
4		definition of "over-the-counter-drugs". For the purposes of
5		this paragraph, "over-the-counter-drug" means a drug for human
6		use that contains a label that identifies the product as a drug
7		as required by 21 C.F.R. § 201.66. The "over-the-counter-drug"
8		label includes:
9		(A) A "Drug Facts" panel; or
10		(B) A statement of the "active ingredient(s)" with a
11		list of those ingredients contained in the compound,
12		substance or preparation.
13		Beginning on the effective date of this amendatory Act of
14		the 98th General Assembly, "prescription and nonprescription
15		medicines and drugs" includes medical cannabis purchased from a
16		registered dispensing organization under the Compassionate Use
17		of Medical Cannabis Program Act.
18		As used in this Section, "adult use cannabis" means
19		cannabis subject to tax under the Cannabis Cultivation
20		Privilege Tax Law and the Cannabis Purchaser Excise Tax Law and
21		does not include cannabis subject to tax under the
22		Compassionate Use of Medical Cannabis Program Act.
23		If the property that is purchased at retail from a retailer
24		is acquired outside Illinois and used outside Illinois before
25		being brought to Illinois for use here and is taxable under
26		this Act, the "selling price" on which the tax is computed

SB1557 Enrolled - 64 - LRB101 08168 SMS 53234 b
1		shall be reduced by an amount that represents a reasonable
2		allowance for depreciation for the period of prior out-of-state
3		use.
4		(Source: P.A. 100-22, eff. 7-6-17; 101-363, eff. 8-9-19.)
5		Section 7. The Service Use Tax Act is amended by changing
6		Section 3-10 as follows:
7		(35 ILCS 110/3-10) (from Ch. 120, par. 439.33-10)
8		Sec. 3-10. Rate of tax. Unless otherwise provided in this
9		Section, the tax imposed by this Act is at the rate of 6.25% of
10		the selling price of tangible personal property transferred as
11		an incident to the sale of service, but, for the purpose of
12		computing this tax, in no event shall the selling price be less
13		than the cost price of the property to the serviceman.
14		Beginning on July 1, 2000 and through December 31, 2000,
15		with respect to motor fuel, as defined in Section 1.1 of the
16		Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
17		the Use Tax Act, the tax is imposed at the rate of 1.25%.
18		With respect to gasohol, as defined in the Use Tax Act, the
19		tax imposed by this Act applies to (i) 70% of the selling price
20		of property transferred as an incident to the sale of service
21		on or after January 1, 1990, and before July 1, 2003, (ii) 80%
22		of the selling price of property transferred as an incident to
23		the sale of service on or after July 1, 2003 and on or before
24		July 1, 2017, and (iii) 100% of the selling price thereafter.

SB1557 Enrolled - 65 - LRB101 08168 SMS 53234 b
1		If, at any time, however, the tax under this Act on sales of
2		gasohol, as defined in the Use Tax Act, is imposed at the rate
3		of 1.25%, then the tax imposed by this Act applies to 100% of
4		the proceeds of sales of gasohol made during that time.
5		With respect to majority blended ethanol fuel, as defined
6		in the Use Tax Act, the tax imposed by this Act does not apply
7		to the selling price of property transferred as an incident to
8		the sale of service on or after July 1, 2003 and on or before
9		December 31, 2023 but applies to 100% of the selling price
10		thereafter.
11		With respect to biodiesel blends, as defined in the Use Tax
12		Act, with no less than 1% and no more than 10% biodiesel, the
13		tax imposed by this Act applies to (i) 80% of the selling price
14		of property transferred as an incident to the sale of service
15		on or after July 1, 2003 and on or before December 31, 2018 and
16		(ii) 100% of the proceeds of the selling price thereafter. If,
17		at any time, however, the tax under this Act on sales of
18		biodiesel blends, as defined in the Use Tax Act, with no less
19		than 1% and no more than 10% biodiesel is imposed at the rate
20		of 1.25%, then the tax imposed by this Act applies to 100% of
21		the proceeds of sales of biodiesel blends with no less than 1%
22		and no more than 10% biodiesel made during that time.
23		With respect to 100% biodiesel, as defined in the Use Tax
24		Act, and biodiesel blends, as defined in the Use Tax Act, with
25		more than 10% but no more than 99% biodiesel, the tax imposed
26		by this Act does not apply to the proceeds of the selling price

SB1557 Enrolled - 66 - LRB101 08168 SMS 53234 b
1		of property transferred as an incident to the sale of service
2		on or after July 1, 2003 and on or before December 31, 2023 but
3		applies to 100% of the selling price thereafter.
4		At the election of any registered serviceman made for each
5		fiscal year, sales of service in which the aggregate annual
6		cost price of tangible personal property transferred as an
7		incident to the sales of service is less than 35%, or 75% in
8		the case of servicemen transferring prescription drugs or
9		servicemen engaged in graphic arts production, of the aggregate
10		annual total gross receipts from all sales of service, the tax
11		imposed by this Act shall be based on the serviceman's cost
12		price of the tangible personal property transferred as an
13		incident to the sale of those services.
14		The tax shall be imposed at the rate of 1% on food prepared
15		for immediate consumption and transferred incident to a sale of
16		service subject to this Act or the Service Occupation Tax Act
17		by an entity licensed under the Hospital Licensing Act, the
18		Nursing Home Care Act, the ID/DD Community Care Act, the MC/DD
19		Act, the Specialized Mental Health Rehabilitation Act of 2013,
20		or the Child Care Act of 1969. The tax shall also be imposed at
21		the rate of 1% on food for human consumption that is to be
22		consumed off the premises where it is sold (other than
23		alcoholic beverages, food consisting of or infused with adult
24		use cannabis, soft drinks, and food that has been prepared for
25		immediate consumption and is not otherwise included in this
26		paragraph) and prescription and nonprescription medicines,

SB1557 Enrolled - 67 - LRB101 08168 SMS 53234 b
1		drugs, medical appliances, products classified as Class III
2		medical devices by the United States Food and Drug
3		Administration that are used for cancer treatment pursuant to a
4		prescription, as well as any accessories and components related
5		to those devices, modifications to a motor vehicle for the
6		purpose of rendering it usable by a person with a disability,
7		and insulin, urine testing materials, syringes, and needles
8		used by diabetics, for human use. For the purposes of this
9		Section, until September 1, 2009: the term "soft drinks" means
10		any complete, finished, ready-to-use, non-alcoholic drink,
11		whether carbonated or not, including but not limited to soda
12		water, cola, fruit juice, vegetable juice, carbonated water,
13		and all other preparations commonly known as soft drinks of
14		whatever kind or description that are contained in any closed
15		or sealed bottle, can, carton, or container, regardless of
16		size; but "soft drinks" does not include coffee, tea,
17		non-carbonated water, infant formula, milk or milk products as
18		defined in the Grade A Pasteurized Milk and Milk Products Act,
19		or drinks containing 50% or more natural fruit or vegetable
20		juice.
21		Notwithstanding any other provisions of this Act,
22		beginning September 1, 2009, "soft drinks" means non-alcoholic
23		beverages that contain natural or artificial sweeteners. "Soft
24		drinks" do not include beverages that contain milk or milk
25		products, soy, rice or similar milk substitutes, or greater
26		than 50% of vegetable or fruit juice by volume.

SB1557 Enrolled - 68 - LRB101 08168 SMS 53234 b
1		Until August 1, 2009, and notwithstanding any other
2		provisions of this Act, "food for human consumption that is to
3		be consumed off the premises where it is sold" includes all
4		food sold through a vending machine, except soft drinks and
5		food products that are dispensed hot from a vending machine,
6		regardless of the location of the vending machine. Beginning
7		August 1, 2009, and notwithstanding any other provisions of
8		this Act, "food for human consumption that is to be consumed
9		off the premises where it is sold" includes all food sold
10		through a vending machine, except soft drinks, candy, and food
11		products that are dispensed hot from a vending machine,
12		regardless of the location of the vending machine.
13		Notwithstanding any other provisions of this Act,
14		beginning September 1, 2009, "food for human consumption that
15		is to be consumed off the premises where it is sold" does not
16		include candy. For purposes of this Section, "candy" means a
17		preparation of sugar, honey, or other natural or artificial
18		sweeteners in combination with chocolate, fruits, nuts or other
19		ingredients or flavorings in the form of bars, drops, or
20		pieces. "Candy" does not include any preparation that contains
21		flour or requires refrigeration.
22		Notwithstanding any other provisions of this Act,
23		beginning September 1, 2009, "nonprescription medicines and
24		drugs" does not include grooming and hygiene products. For
25		purposes of this Section, "grooming and hygiene products"
26		includes, but is not limited to, soaps and cleaning solutions,

SB1557 Enrolled - 69 - LRB101 08168 SMS 53234 b
1		shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
2		lotions and screens, unless those products are available by
3		prescription only, regardless of whether the products meet the
4		definition of "over-the-counter-drugs". For the purposes of
5		this paragraph, "over-the-counter-drug" means a drug for human
6		use that contains a label that identifies the product as a drug
7		as required by 21 C.F.R. § 201.66. The "over-the-counter-drug"
8		label includes:
9		(A) A "Drug Facts" panel; or
10		(B) A statement of the "active ingredient(s)" with a
11		list of those ingredients contained in the compound,
12		substance or preparation.
13		Beginning on January 1, 2014 (the effective date of Public
14		Act 98-122), "prescription and nonprescription medicines and
15		drugs" includes medical cannabis purchased from a registered
16		dispensing organization under the Compassionate Use of Medical
17		Cannabis Program Act.
18		As used in this Section, "adult use cannabis" means
19		cannabis subject to tax under the Cannabis Cultivation
20		Privilege Tax Law and the Cannabis Purchaser Excise Tax Law and
21		does not include cannabis subject to tax under the
22		Compassionate Use of Medical Cannabis Program Act.
23		If the property that is acquired from a serviceman is
24		acquired outside Illinois and used outside Illinois before
25		being brought to Illinois for use here and is taxable under
26		this Act, the "selling price" on which the tax is computed

SB1557 Enrolled - 70 - LRB101 08168 SMS 53234 b
1		shall be reduced by an amount that represents a reasonable
2		allowance for depreciation for the period of prior out-of-state
3		use.
4		(Source: P.A. 100-22, eff. 7-6-17; 101-363, eff. 8-9-19.)
5		Section 8. The Service Occupation Tax Act is amended by
6		changing Section 3-10 as follows:
7		(35 ILCS 115/3-10) (from Ch. 120, par. 439.103-10)
8		Sec. 3-10. Rate of tax. Unless otherwise provided in this
9		Section, the tax imposed by this Act is at the rate of 6.25% of
10		the "selling price", as defined in Section 2 of the Service Use
11		Tax Act, of the tangible personal property. For the purpose of
12		computing this tax, in no event shall the "selling price" be
13		less than the cost price to the serviceman of the tangible
14		personal property transferred. The selling price of each item
15		of tangible personal property transferred as an incident of a
16		sale of service may be shown as a distinct and separate item on
17		the serviceman's billing to the service customer. If the
18		selling price is not so shown, the selling price of the
19		tangible personal property is deemed to be 50% of the
20		serviceman's entire billing to the service customer. When,
21		however, a serviceman contracts to design, develop, and produce
22		special order machinery or equipment, the tax imposed by this
23		Act shall be based on the serviceman's cost price of the
24		tangible personal property transferred incident to the

SB1557 Enrolled - 71 - LRB101 08168 SMS 53234 b
1		completion of the contract.
2		Beginning on July 1, 2000 and through December 31, 2000,
3		with respect to motor fuel, as defined in Section 1.1 of the
4		Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
5		the Use Tax Act, the tax is imposed at the rate of 1.25%.
6		With respect to gasohol, as defined in the Use Tax Act, the
7		tax imposed by this Act shall apply to (i) 70% of the cost
8		price of property transferred as an incident to the sale of
9		service on or after January 1, 1990, and before July 1, 2003,
10		(ii) 80% of the selling price of property transferred as an
11		incident to the sale of service on or after July 1, 2003 and on
12		or before July 1, 2017, and (iii) 100% of the cost price
13		thereafter. If, at any time, however, the tax under this Act on
14		sales of gasohol, as defined in the Use Tax Act, is imposed at
15		the rate of 1.25%, then the tax imposed by this Act applies to
16		100% of the proceeds of sales of gasohol made during that time.
17		With respect to majority blended ethanol fuel, as defined
18		in the Use Tax Act, the tax imposed by this Act does not apply
19		to the selling price of property transferred as an incident to
20		the sale of service on or after July 1, 2003 and on or before
21		December 31, 2023 but applies to 100% of the selling price
22		thereafter.
23		With respect to biodiesel blends, as defined in the Use Tax
24		Act, with no less than 1% and no more than 10% biodiesel, the
25		tax imposed by this Act applies to (i) 80% of the selling price
26		of property transferred as an incident to the sale of service

SB1557 Enrolled - 72 - LRB101 08168 SMS 53234 b
1		on or after July 1, 2003 and on or before December 31, 2018 and
2		(ii) 100% of the proceeds of the selling price thereafter. If,
3		at any time, however, the tax under this Act on sales of
4		biodiesel blends, as defined in the Use Tax Act, with no less
5		than 1% and no more than 10% biodiesel is imposed at the rate
6		of 1.25%, then the tax imposed by this Act applies to 100% of
7		the proceeds of sales of biodiesel blends with no less than 1%
8		and no more than 10% biodiesel made during that time.
9		With respect to 100% biodiesel, as defined in the Use Tax
10		Act, and biodiesel blends, as defined in the Use Tax Act, with
11		more than 10% but no more than 99% biodiesel material, the tax
12		imposed by this Act does not apply to the proceeds of the
13		selling price of property transferred as an incident to the
14		sale of service on or after July 1, 2003 and on or before
15		December 31, 2023 but applies to 100% of the selling price
16		thereafter.
17		At the election of any registered serviceman made for each
18		fiscal year, sales of service in which the aggregate annual
19		cost price of tangible personal property transferred as an
20		incident to the sales of service is less than 35%, or 75% in
21		the case of servicemen transferring prescription drugs or
22		servicemen engaged in graphic arts production, of the aggregate
23		annual total gross receipts from all sales of service, the tax
24		imposed by this Act shall be based on the serviceman's cost
25		price of the tangible personal property transferred incident to
26		the sale of those services.

SB1557 Enrolled - 73 - LRB101 08168 SMS 53234 b
1		The tax shall be imposed at the rate of 1% on food prepared
2		for immediate consumption and transferred incident to a sale of
3		service subject to this Act or the Service Occupation Tax Act
4		by an entity licensed under the Hospital Licensing Act, the
5		Nursing Home Care Act, the ID/DD Community Care Act, the MC/DD
6		Act, the Specialized Mental Health Rehabilitation Act of 2013,
7		or the Child Care Act of 1969. The tax shall also be imposed at
8		the rate of 1% on food for human consumption that is to be
9		consumed off the premises where it is sold (other than
10		alcoholic beverages, food consisting of or infused with adult
11		use cannabis, soft drinks, and food that has been prepared for
12		immediate consumption and is not otherwise included in this
13		paragraph) and prescription and nonprescription medicines,
14		drugs, medical appliances, products classified as Class III
15		medical devices by the United States Food and Drug
16		Administration that are used for cancer treatment pursuant to a
17		prescription, as well as any accessories and components related
18		to those devices, modifications to a motor vehicle for the
19		purpose of rendering it usable by a person with a disability,
20		and insulin, urine testing materials, syringes, and needles
21		used by diabetics, for human use. For the purposes of this
22		Section, until September 1, 2009: the term "soft drinks" means
23		any complete, finished, ready-to-use, non-alcoholic drink,
24		whether carbonated or not, including but not limited to soda
25		water, cola, fruit juice, vegetable juice, carbonated water,
26		and all other preparations commonly known as soft drinks of

SB1557 Enrolled - 74 - LRB101 08168 SMS 53234 b
1		whatever kind or description that are contained in any closed
2		or sealed can, carton, or container, regardless of size; but
3		"soft drinks" does not include coffee, tea, non-carbonated
4		water, infant formula, milk or milk products as defined in the
5		Grade A Pasteurized Milk and Milk Products Act, or drinks
6		containing 50% or more natural fruit or vegetable juice.
7		Notwithstanding any other provisions of this Act,
8		beginning September 1, 2009, "soft drinks" means non-alcoholic
9		beverages that contain natural or artificial sweeteners. "Soft
10		drinks" do not include beverages that contain milk or milk
11		products, soy, rice or similar milk substitutes, or greater
12		than 50% of vegetable or fruit juice by volume.
13		Until August 1, 2009, and notwithstanding any other
14		provisions of this Act, "food for human consumption that is to
15		be consumed off the premises where it is sold" includes all
16		food sold through a vending machine, except soft drinks and
17		food products that are dispensed hot from a vending machine,
18		regardless of the location of the vending machine. Beginning
19		August 1, 2009, and notwithstanding any other provisions of
20		this Act, "food for human consumption that is to be consumed
21		off the premises where it is sold" includes all food sold
22		through a vending machine, except soft drinks, candy, and food
23		products that are dispensed hot from a vending machine,
24		regardless of the location of the vending machine.
25		Notwithstanding any other provisions of this Act,
26		beginning September 1, 2009, "food for human consumption that

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1		is to be consumed off the premises where it is sold" does not
2		include candy. For purposes of this Section, "candy" means a
3		preparation of sugar, honey, or other natural or artificial
4		sweeteners in combination with chocolate, fruits, nuts or other
5		ingredients or flavorings in the form of bars, drops, or
6		pieces. "Candy" does not include any preparation that contains
7		flour or requires refrigeration.
8		Notwithstanding any other provisions of this Act,
9		beginning September 1, 2009, "nonprescription medicines and
10		drugs" does not include grooming and hygiene products. For
11		purposes of this Section, "grooming and hygiene products"
12		includes, but is not limited to, soaps and cleaning solutions,
13		shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
14		lotions and screens, unless those products are available by
15		prescription only, regardless of whether the products meet the
16		definition of "over-the-counter-drugs". For the purposes of
17		this paragraph, "over-the-counter-drug" means a drug for human
18		use that contains a label that identifies the product as a drug
19		as required by 21 C.F.R. § 201.66. The "over-the-counter-drug"
20		label includes:
21		(A) A "Drug Facts" panel; or
22		(B) A statement of the "active ingredient(s)" with a
23		list of those ingredients contained in the compound,
24		substance or preparation.
25		Beginning on January 1, 2014 (the effective date of Public
26		Act 98-122), "prescription and nonprescription medicines and

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1		drugs" includes medical cannabis purchased from a registered
2		dispensing organization under the Compassionate Use of Medical
3		Cannabis Program Act.
4		As used in this Section, "adult use cannabis" means
5		cannabis subject to tax under the Cannabis Cultivation
6		Privilege Tax Law and the Cannabis Purchaser Excise Tax Law and
7		does not include cannabis subject to tax under the
8		Compassionate Use of Medical Cannabis Program Act.
9		(Source: P.A. 100-22, eff. 7-6-17; 101-363, eff. 8-9-19.)
10		Section 9. The Retailers' Occupation Tax Act is amended by
11		changing Section 2-10 as follows:
12		(35 ILCS 120/2-10)
13		Sec. 2-10. Rate of tax. Unless otherwise provided in this
14		Section, the tax imposed by this Act is at the rate of 6.25% of
15		gross receipts from sales of tangible personal property made in
16		the course of business.
17		Beginning on July 1, 2000 and through December 31, 2000,
18		with respect to motor fuel, as defined in Section 1.1 of the
19		Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
20		the Use Tax Act, the tax is imposed at the rate of 1.25%.
21		Beginning on August 6, 2010 through August 15, 2010, with
22		respect to sales tax holiday items as defined in Section 2-8 of
23		this Act, the tax is imposed at the rate of 1.25%.
24		Within 14 days after the effective date of this amendatory

SB1557 Enrolled - 77 - LRB101 08168 SMS 53234 b
1		Act of the 91st General Assembly, each retailer of motor fuel
2		and gasohol shall cause the following notice to be posted in a
3		prominently visible place on each retail dispensing device that
4		is used to dispense motor fuel or gasohol in the State of
5		Illinois: "As of July 1, 2000, the State of Illinois has
6		eliminated the State's share of sales tax on motor fuel and
7		gasohol through December 31, 2000. The price on this pump
8		should reflect the elimination of the tax." The notice shall be
9		printed in bold print on a sign that is no smaller than 4
10		inches by 8 inches. The sign shall be clearly visible to
11		customers. Any retailer who fails to post or maintain a
12		required sign through December 31, 2000 is guilty of a petty
13		offense for which the fine shall be $500 per day per each
14		retail premises where a violation occurs.
15		With respect to gasohol, as defined in the Use Tax Act, the
16		tax imposed by this Act applies to (i) 70% of the proceeds of
17		sales made on or after January 1, 1990, and before July 1,
18		2003, (ii) 80% of the proceeds of sales made on or after July
19		1, 2003 and on or before July 1, 2017, and (iii) 100% of the
20		proceeds of sales made thereafter. If, at any time, however,
21		the tax under this Act on sales of gasohol, as defined in the
22		Use Tax Act, is imposed at the rate of 1.25%, then the tax
23		imposed by this Act applies to 100% of the proceeds of sales of
24		gasohol made during that time.
25		With respect to majority blended ethanol fuel, as defined
26		in the Use Tax Act, the tax imposed by this Act does not apply

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1		to the proceeds of sales made on or after July 1, 2003 and on or
2		before December 31, 2023 but applies to 100% of the proceeds of
3		sales made thereafter.
4		With respect to biodiesel blends, as defined in the Use Tax
5		Act, with no less than 1% and no more than 10% biodiesel, the
6		tax imposed by this Act applies to (i) 80% of the proceeds of
7		sales made on or after July 1, 2003 and on or before December
8		31, 2018 and (ii) 100% of the proceeds of sales made
9		thereafter. If, at any time, however, the tax under this Act on
10		sales of biodiesel blends, as defined in the Use Tax Act, with
11		no less than 1% and no more than 10% biodiesel is imposed at
12		the rate of 1.25%, then the tax imposed by this Act applies to
13		100% of the proceeds of sales of biodiesel blends with no less
14		than 1% and no more than 10% biodiesel made during that time.
15		With respect to 100% biodiesel, as defined in the Use Tax
16		Act, and biodiesel blends, as defined in the Use Tax Act, with
17		more than 10% but no more than 99% biodiesel, the tax imposed
18		by this Act does not apply to the proceeds of sales made on or
19		after July 1, 2003 and on or before December 31, 2023 but
20		applies to 100% of the proceeds of sales made thereafter.
21		With respect to food for human consumption that is to be
22		consumed off the premises where it is sold (other than
23		alcoholic beverages, food consisting of or infused with adult
24		use cannabis, soft drinks, and food that has been prepared for
25		immediate consumption) and prescription and nonprescription
26		medicines, drugs, medical appliances, products classified as

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1		Class III medical devices by the United States Food and Drug
2		Administration that are used for cancer treatment pursuant to a
3		prescription, as well as any accessories and components related
4		to those devices, modifications to a motor vehicle for the
5		purpose of rendering it usable by a person with a disability,
6		and insulin, urine testing materials, syringes, and needles
7		used by diabetics, for human use, the tax is imposed at the
8		rate of 1%. For the purposes of this Section, until September
9		1, 2009: the term "soft drinks" means any complete, finished,
10		ready-to-use, non-alcoholic drink, whether carbonated or not,
11		including but not limited to soda water, cola, fruit juice,
12		vegetable juice, carbonated water, and all other preparations
13		commonly known as soft drinks of whatever kind or description
14		that are contained in any closed or sealed bottle, can, carton,
15		or container, regardless of size; but "soft drinks" does not
16		include coffee, tea, non-carbonated water, infant formula,
17		milk or milk products as defined in the Grade A Pasteurized
18		Milk and Milk Products Act, or drinks containing 50% or more
19		natural fruit or vegetable juice.
20		Notwithstanding any other provisions of this Act,
21		beginning September 1, 2009, "soft drinks" means non-alcoholic
22		beverages that contain natural or artificial sweeteners. "Soft
23		drinks" do not include beverages that contain milk or milk
24		products, soy, rice or similar milk substitutes, or greater
25		than 50% of vegetable or fruit juice by volume.
26		Until August 1, 2009, and notwithstanding any other

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1		provisions of this Act, "food for human consumption that is to
2		be consumed off the premises where it is sold" includes all
3		food sold through a vending machine, except soft drinks and
4		food products that are dispensed hot from a vending machine,
5		regardless of the location of the vending machine. Beginning
6		August 1, 2009, and notwithstanding any other provisions of
7		this Act, "food for human consumption that is to be consumed
8		off the premises where it is sold" includes all food sold
9		through a vending machine, except soft drinks, candy, and food
10		products that are dispensed hot from a vending machine,
11		regardless of the location of the vending machine.
12		Notwithstanding any other provisions of this Act,
13		beginning September 1, 2009, "food for human consumption that
14		is to be consumed off the premises where it is sold" does not
15		include candy. For purposes of this Section, "candy" means a
16		preparation of sugar, honey, or other natural or artificial
17		sweeteners in combination with chocolate, fruits, nuts or other
18		ingredients or flavorings in the form of bars, drops, or
19		pieces. "Candy" does not include any preparation that contains
20		flour or requires refrigeration.
21		Notwithstanding any other provisions of this Act,
22		beginning September 1, 2009, "nonprescription medicines and
23		drugs" does not include grooming and hygiene products. For
24		purposes of this Section, "grooming and hygiene products"
25		includes, but is not limited to, soaps and cleaning solutions,
26		shampoo, toothpaste, mouthwash, antiperspirants, and sun tan

SB1557 Enrolled - 81 - LRB101 08168 SMS 53234 b
1		lotions and screens, unless those products are available by
2		prescription only, regardless of whether the products meet the
3		definition of "over-the-counter-drugs". For the purposes of
4		this paragraph, "over-the-counter-drug" means a drug for human
5		use that contains a label that identifies the product as a drug
6		as required by 21 C.F.R. § 201.66. The "over-the-counter-drug"
7		label includes:
8		(A) A "Drug Facts" panel; or
9		(B) A statement of the "active ingredient(s)" with a
10		list of those ingredients contained in the compound,
11		substance or preparation.
12		Beginning on the effective date of this amendatory Act of
13		the 98th General Assembly, "prescription and nonprescription
14		medicines and drugs" includes medical cannabis purchased from a
15		registered dispensing organization under the Compassionate Use
16		of Medical Cannabis Program Act.
17		As used in this Section, "adult use cannabis" means
18		cannabis subject to tax under the Cannabis Cultivation
19		Privilege Tax Law and the Cannabis Purchaser Excise Tax Law and
20		does not include cannabis subject to tax under the
21		Compassionate Use of Medical Cannabis Program Act.
22		(Source: P.A. 100-22, eff. 7-6-17; 101-363, eff. 8-9-19.)
23		Section 10. The Tobacco Products Tax Act of 1995 is amended
24		by changing Section 10-5 as follows:

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1		(35 ILCS 143/10-5)
2		Sec. 10-5. Definitions. For purposes of this Act:
3		"Business" means any trade, occupation, activity, or
4		enterprise engaged in, at any location whatsoever, for the
5		purpose of selling tobacco products.
6		"Cigarette" has the meaning ascribed to the term in Section
7		1 of the Cigarette Tax Act.
8		"Contraband little cigar" means:
9		(1) packages of little cigars containing 20 or 25
10		little cigars that do not bear a required tax stamp under
11		this Act;
12		(2) packages of little cigars containing 20 or 25
13		little cigars that bear a fraudulent, imitation, or
14		counterfeit tax stamp;
15		(3) packages of little cigars containing 20 or 25
16		little cigars that are improperly tax stamped, including
17		packages of little cigars that bear only a tax stamp of
18		another state or taxing jurisdiction; or
19		(4) packages of little cigars containing other than 20
20		or 25 little cigars in the possession of a distributor,
21		retailer or wholesaler, unless the distributor, retailer,
22		or wholesaler possesses, or produces within the time frame
23		provided in Section 10-27 or 10-28 of this Act, an invoice
24		from a stamping distributor, distributor, or wholesaler
25		showing that the tax on the packages has been or will be
26		paid.

SB1557 Enrolled - 83 - LRB101 08168 SMS 53234 b
1		"Correctional Industries program" means a program run by a
2		State penal institution in which residents of the penal
3		institution produce tobacco products for sale to persons
4		incarcerated in penal institutions or resident patients of a
5		State operated mental health facility.
6		"Department" means the Illinois Department of Revenue.
7		"Distributor" means any of the following:
8		(1) Any manufacturer or wholesaler in this State
9		engaged in the business of selling tobacco products who
10		sells, exchanges, or distributes tobacco products to
11		retailers or consumers in this State.
12		(2) Any manufacturer or wholesaler engaged in the
13		business of selling tobacco products from without this
14		State who sells, exchanges, distributes, ships, or
15		transports tobacco products to retailers or consumers
16		located in this State, so long as that manufacturer or
17		wholesaler has or maintains within this State, directly or
18		by subsidiary, an office, sales house, or other place of
19		business, or any agent or other representative operating
20		within this State under the authority of the person or
21		subsidiary, irrespective of whether the place of business
22		or agent or other representative is located here
23		permanently or temporarily.
24		(3) Any retailer who receives tobacco products on which
25		the tax has not been or will not be paid by another
26		distributor.

SB1557 Enrolled - 84 - LRB101 08168 SMS 53234 b
1		"Distributor" does not include any person, wherever
2		resident or located, who makes, manufactures, or fabricates
3		tobacco products as part of a Correctional Industries program
4		for sale to residents incarcerated in penal institutions or
5		resident patients of a State operated mental health facility.
6		"Electronic cigarette" means:
7		(1) any device that employs a battery or other
8		mechanism to heat a solution or substance to produce a
9		vapor or aerosol intended for inhalation;
10		(2) any cartridge or container of a solution or
11		substance intended to be used with or in the device or to
12		refill the device; or
13		(3) any solution or substance, whether or not it
14		contains nicotine, intended for use in the device.
15		"Electronic cigarette" includes, but is not limited to, any
16		electronic nicotine delivery system, electronic cigar,
17		electronic cigarillo, electronic pipe, electronic hookah, vape
18		pen, or similar product or device, and any component or part
19		that can be used to build the product or device. "Electronic
20		cigarette" does not include: cigarettes, as defined in Section
21		1 of the Cigarette Tax Act; any product approved by the United
22		States Food and Drug Administration for sale as a tobacco
23		cessation product, a tobacco dependence product, or for other
24		medical purposes that is marketed and sold solely for that
25		approved purpose; any asthma inhaler prescribed by a physician
26		for that condition that is marketed and sold solely for that

SB1557 Enrolled - 85 - LRB101 08168 SMS 53234 b
1		approved purpose; or any therapeutic product approved for use
2		under the Compassionate Use of Medical Cannabis Pilot Program
3		Act.
4		"Little cigar" means and includes any roll, made wholly or
5		in part of tobacco, where such roll has an integrated cellulose
6		acetate filter and weighs less than 4 pounds per thousand and
7		the wrapper or cover of which is made in whole or in part of
8		tobacco.
9		"Manufacturer" means any person, wherever resident or
10		located, who manufactures and sells tobacco products, except a
11		person who makes, manufactures, or fabricates tobacco products
12		as a part of a Correctional Industries program for sale to
13		persons incarcerated in penal institutions or resident
14		patients of a State operated mental health facility.
15		Beginning on January 1, 2013, "moist snuff" means any
16		finely cut, ground, or powdered tobacco that is not intended to
17		be smoked, but shall not include any finely cut, ground, or
18		powdered tobacco that is intended to be placed in the nasal
19		cavity.
20		"Person" means any natural individual, firm, partnership,
21		association, joint stock company, joint venture, limited
22		liability company, or public or private corporation, however
23		formed, or a receiver, executor, administrator, trustee,
24		conservator, or other representative appointed by order of any
25		court.
26		"Place of business" means and includes any place where

SB1557 Enrolled - 86 - LRB101 08168 SMS 53234 b
1		tobacco products are sold or where tobacco products are
2		manufactured, stored, or kept for the purpose of sale or
3		consumption, including any vessel, vehicle, airplane, train,
4		or vending machine.
5		"Retailer" means any person in this State engaged in the
6		business of selling tobacco products to consumers in this
7		State, regardless of quantity or number of sales.
8		"Sale" means any transfer, exchange, or barter in any
9		manner or by any means whatsoever for a consideration and
10		includes all sales made by persons.
11		"Stamp" or "stamps" mean the indicia required to be affixed
12		on a package of little cigars that evidence payment of the tax
13		on packages of little cigars containing 20 or 25 little cigars
14		under Section 10-10 of this Act. These stamps shall be the same
15		stamps used for cigarettes under the Cigarette Tax Act.
16		"Stamping distributor" means a distributor licensed under
17		this Act and also licensed as a distributor under the Cigarette
18		Tax Act or Cigarette Use Tax Act.
19		"Tobacco products" means any cigars, including little
20		cigars; cheroots; stogies; periques; granulated, plug cut,
21		crimp cut, ready rubbed, and other smoking tobacco; snuff
22		(including moist snuff) or snuff flour; cavendish; plug and
23		twist tobacco; fine-cut and other chewing tobaccos; shorts;
24		refuse scraps, clippings, cuttings, and sweeping of tobacco;
25		and other kinds and forms of tobacco, prepared in such manner
26		as to be suitable for chewing or smoking in a pipe or

SB1557 Enrolled - 87 - LRB101 08168 SMS 53234 b
1		otherwise, or both for chewing and smoking; but does not
2		include cigarettes as defined in Section 1 of the Cigarette Tax
3		Act or tobacco purchased for the manufacture of cigarettes by
4		cigarette distributors and manufacturers defined in the
5		Cigarette Tax Act and persons who make, manufacture, or
6		fabricate cigarettes as a part of a Correctional Industries
7		program for sale to residents incarcerated in penal
8		institutions or resident patients of a State operated mental
9		health facility.
10		Beginning on July 1, 2019, "tobacco products" also includes
11		electronic cigarettes.
12		"Wholesale price" means the established list price for
13		which a manufacturer sells tobacco products to a distributor,
14		before the allowance of any discount, trade allowance, rebate,
15		or other reduction. In the absence of such an established list
16		price, the manufacturer's invoice price at which the
17		manufacturer sells the tobacco product to unaffiliated
18		distributors, before any discounts, trade allowances, rebates,
19		or other reductions, shall be presumed to be the wholesale
20		price.
21		"Wholesaler" means any person, wherever resident or
22		located, engaged in the business of selling tobacco products to
23		others for the purpose of resale. "Wholesaler", when used in
24		this Act, does not include a person licensed as a distributor
25		under Section 10-20 of this Act unless expressly stated in this
26		Act.

SB1557 Enrolled - 88 - LRB101 08168 SMS 53234 b
1		(Source: P.A. 101-31, eff. 6-28-19.)
2		Section 15. The Counties Code is amended by changing
3		Section 5-1006.8 as follows:
4		(55 ILCS 5/5-1006.8)
5		Sec. 5-1006.8. County Cannabis Retailers' Occupation Tax
6		Law.
7		(a) This Section may be referred to as the County Cannabis
8		Retailers' Occupation Tax Law. The On and after January 1,
9		2020, the corporate authorities of any county may, by
10		ordinance, impose a tax upon all persons engaged in the
11		business of selling cannabis, other than cannabis purchased
12		under the Compassionate Use of Medical Cannabis Pilot Program
13		Act, at retail in the county on the gross receipts from these
14		sales made in the course of that business. If imposed, the tax
15		shall be imposed only in 0.25% increments. The tax rate may not
16		exceed: (i) 3.75% of the gross receipts of sales made in
17		unincorporated areas of the county; and (ii) 3% of the gross
18		receipts of sales made in a municipality located in the county.
19		The tax imposed under this Section and all civil penalties that
20		may be assessed as an incident of the tax shall be collected
21		and enforced by the Department of Revenue. The Department of
22		Revenue shall have full power to administer and enforce this
23		Section; to collect all taxes and penalties due hereunder; to
24		dispose of taxes and penalties so collected in the manner

SB1557 Enrolled - 89 - LRB101 08168 SMS 53234 b
1		hereinafter provided; and to determine all rights to credit
2		memoranda arising on account of the erroneous payment of tax or
3		penalty under this Section. In the administration of and
4		compliance with this Section, the Department of Revenue and
5		persons who are subject to this Section shall have the same
6		rights, remedies, privileges, immunities, powers and duties,
7		and be subject to the same conditions, restrictions,
8		limitations, penalties, and definitions of terms, and employ
9		the same modes of procedure, as are described in Sections 1,
10		1a, 1d, 1e, 1f, 1i, 1j, 1k, 1m, 1n, 2 through 2-65 (in respect
11		to all provisions therein other than the State rate of tax),
12		2a, 2b, 2c, 2i, 3 (except as to the disposition of taxes and
13		penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i,
14		5j, 5k, 5l, 6, 6a, 6bb, 6c, 6d, 7 8, 8, 9, 10, 11, 11a, 12, and
15		13 of the Retailers' Occupation Tax Act and Section 3-7 of the
16		Uniform Penalty and Interest Act as fully as if those
17		provisions were set forth in this Section.
18		(b) Persons subject to any tax imposed under the authority
19		granted in this Section may reimburse themselves for their
20		seller's tax liability hereunder by separately stating that tax
21		as an additional charge, which charge may be stated in
22		combination, in a single amount, with any State tax that
23		sellers are required to collect.
24		(c) Whenever the Department of Revenue determines that a
25		refund should be made under this Section to a claimant instead
26		of issuing a credit memorandum, the Department of Revenue shall

SB1557 Enrolled - 90 - LRB101 08168 SMS 53234 b
1		notify the State Comptroller, who shall cause the order to be
2		drawn for the amount specified and to the person named in the
3		notification from the Department of Revenue.
4		(d) The Department of Revenue shall immediately pay over to
5		the State Treasurer, ex officio, as trustee, all taxes and
6		penalties collected hereunder for deposit into the Local
7		Cannabis Retailers' Occupation Consumer Excise Tax Trust Fund.
8		(e) On or before the 25th day of each calendar month, the
9		Department of Revenue shall prepare and certify to the
10		Comptroller the amount of money to be disbursed from the Local
11		Cannabis Retailers' Occupation Consumer Excise Tax Trust Fund
12		to counties from which retailers have paid taxes or penalties
13		under this Section during the second preceding calendar month.
14		The amount to be paid to each county shall be the amount (not
15		including credit memoranda) collected under this Section from
16		sales made in the county during the second preceding calendar
17		month, plus an amount the Department of Revenue determines is
18		necessary to offset any amounts that were erroneously paid to a
19		different taxing body, and not including an amount equal to the
20		amount of refunds made during the second preceding calendar
21		month by the Department on behalf of such county, and not
22		including any amount that the Department determines is
23		necessary to offset any amounts that were payable to a
24		different taxing body but were erroneously paid to the county,
25		less 1.5% of the remainder, which the Department shall transfer
26		into the Tax Compliance and Administration Fund. The

SB1557 Enrolled - 91 - LRB101 08168 SMS 53234 b
1		Department, at the time of each monthly disbursement to the
2		counties, shall prepare and certify the State Comptroller the
3		amount to be transferred into the Tax Compliance and
4		Administration Fund under this Section. Within 10 days after
5		receipt by the Comptroller of the disbursement certification to
6		the counties and the Tax Compliance and Administration Fund
7		provided for in this Section to be given to the Comptroller by
8		the Department, the Comptroller shall cause the orders to be
9		drawn for the respective amounts in accordance with the
10		directions contained in the certification.
11		(f) An ordinance or resolution imposing or discontinuing a
12		tax under this Section or effecting a change in the rate
13		thereof that is shall be adopted on or after June 25, 2019 (the
14		effective date of Public Act 101-27) and for which a certified
15		copy is thereof filed with the Department on or before April 1,
16		2020 shall be administered and enforced by the Department
17		beginning on July 1, 2020. For ordinances filed with the
18		Department after April 1, 2020, an ordinance or resolution
19		imposing or discontinuing a tax under this Section or effecting
20		a change in the rate thereof shall either (i) be adopted and a
21		certified copy thereof filed with the Department on or before
22		the first day of April, whereupon the Department shall proceed
23		to administer and enforce this Section as of the first day of
24		July next following the adoption and filing; or (ii) be adopted
25		and a certified copy thereof filed with the Department on or
26		before the first day of October, whereupon the Department shall

SB1557 Enrolled - 92 - LRB101 08168 SMS 53234 b
1		proceed to administer and enforce this Section as of the first
2		day of January the first day of June, whereupon the Department
3		shall proceed to administer and enforce this Section as of the
4		first day of September next following the adoption and filing.
5		(Source: P.A. 101-27, eff. 6-25-19; 101-363, eff. 8-9-19.)
6		Section 20. The Illinois Municipal Code is amended by
7		changing and renumbering Section 8-11-22, as added by Public
8		Act 101-27, and by changing Section 8-11-6a as follows:
9		(65 ILCS 5/8-11-6a) (from Ch. 24, par. 8-11-6a)
10		Sec. 8-11-6a. Home rule municipalities; preemption of
11		certain taxes. Except as provided in Sections 8-11-1, 8-11-5,
12		8-11-6, 8-11-6b, 8-11-6c, 8-11-23 8-11-22, and 11-74.3-6 on and
13		after September 1, 1990, no home rule municipality has the
14		authority to impose, pursuant to its home rule authority, a
15		retailer's occupation tax, service occupation tax, use tax,
16		sales tax or other tax on the use, sale or purchase of tangible
17		personal property based on the gross receipts from such sales
18		or the selling or purchase price of said tangible personal
19		property. Notwithstanding the foregoing, this Section does not
20		preempt any home rule imposed tax such as the following: (1) a
21		tax on alcoholic beverages, whether based on gross receipts,
22		volume sold or any other measurement; (2) a tax based on the
23		number of units of cigarettes or tobacco products (provided,
24		however, that a home rule municipality that has not imposed a

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1		tax based on the number of units of cigarettes or tobacco
2		products before July 1, 1993, shall not impose such a tax after
3		that date); (3) a tax, however measured, based on the use of a
4		hotel or motel room or similar facility; (4) a tax, however
5		measured, on the sale or transfer of real property; (5) a tax,
6		however measured, on lease receipts; (6) a tax on food prepared
7		for immediate consumption and on alcoholic beverages sold by a
8		business which provides for on premise consumption of said food
9		or alcoholic beverages; or (7) other taxes not based on the
10		selling or purchase price or gross receipts from the use, sale
11		or purchase of tangible personal property. This Section does
12		not preempt a home rule municipality with a population of more
13		than 2,000,000 from imposing a tax, however measured, on the
14		use, for consideration, of a parking lot, garage, or other
15		parking facility. This Section is not intended to affect any
16		existing tax on food and beverages prepared for immediate
17		consumption on the premises where the sale occurs, or any
18		existing tax on alcoholic beverages, or any existing tax
19		imposed on the charge for renting a hotel or motel room, which
20		was in effect January 15, 1988, or any extension of the
21		effective date of such an existing tax by ordinance of the
22		municipality imposing the tax, which extension is hereby
23		authorized, in any non-home rule municipality in which the
24		imposition of such a tax has been upheld by judicial
25		determination, nor is this Section intended to preempt the
26		authority granted by Public Act 85-1006. On and after December

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1		1, 2019, no home rule municipality has the authority to impose,
2		pursuant to its home rule authority, a tax, however measured,
3		on sales of aviation fuel, as defined in Section 3 of the
4		Retailers' Occupation Tax Act, unless the tax is not subject to
5		the revenue use requirements of 49 U.S.C. 47107(b) 47017(b) and
6		49 U.S.C. 47133, or unless the tax revenue is expended for
7		airport-related purposes. For purposes of this Section,
8		"airport-related purposes" has the meaning ascribed in Section
9		6z-20.2 of the State Finance Act. Aviation fuel shall be
10		excluded from tax only if, and for so long as, the revenue use
11		requirements of 49 U.S.C. 47107(b) 47017(b) and 49 U.S.C. 47133
12		are binding on the municipality. This Section is a limitation,
13		pursuant to subsection (g) of Section 6 of Article VII of the
14		Illinois Constitution, on the power of home rule units to tax.
15		The changes made to this Section by Public Act 101-10 this
16		amendatory Act of the 101st General Assembly are a denial and
17		limitation of home rule powers and functions under subsection
18		(g) of Section 6 of Article VII of the Illinois Constitution.
19		(Source: P.A. 101-10, eff. 6-5-19; 101-27, eff. 6-25-19;
20		revised 8-19-19.)
21		(65 ILCS 5/8-11-23)
22		Sec. 8-11-23 8-11-22. Municipal Cannabis Retailers'
23		Occupation Tax Law.
24		(a) This Section may be referred to as the Municipal
25		Cannabis Retailers' Occupation Tax Law. The On and after

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1		January 1, 2020, the corporate authorities of any municipality
2		may, by ordinance, impose a tax upon all persons engaged in the
3		business of selling cannabis, other than cannabis purchased
4		under the Compassionate Use of Medical Cannabis Pilot Program
5		Act, at retail in the municipality on the gross receipts from
6		these sales made in the course of that business. If imposed,
7		the tax may not exceed 3% of the gross receipts from these
8		sales and shall only be imposed in 1/4% increments. The tax
9		imposed under this Section and all civil penalties that may be
10		assessed as an incident of the tax shall be collected and
11		enforced by the Department of Revenue. The Department of
12		Revenue shall have full power to administer and enforce this
13		Section; to collect all taxes and penalties due hereunder; to
14		dispose of taxes and penalties so collected in the manner
15		hereinafter provided; and to determine all rights to credit
16		memoranda arising on account of the erroneous payment of tax or
17		penalty under this Section. In the administration of and
18		compliance with this Section, the Department and persons who
19		are subject to this Section shall have the same rights,
20		remedies, privileges, immunities, powers and duties, and be
21		subject to the same conditions, restrictions, limitations,
22		penalties and definitions of terms, and employ the same modes
23		of procedure, as are prescribed in Sections 1, 1a, 1d, 1e, 1f,
24		1i, 1j, 1k, 1m, 1n, 2 through 2-65 (in respect to all
25		provisions therein other than the State rate of tax), 2a, 2b,
26		2c, 2i, 3 (except as to the disposition of taxes and penalties

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1		collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k,
2		5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 11a, 12, and 13 of the
3		Retailers' Occupation Tax Act and Section 3-7 of the Uniform
4		Penalty and Interest Act, as fully as if those provisions were
5		set forth herein.
6		(b) Persons subject to any tax imposed under the authority
7		granted in this Section may reimburse themselves for their
8		seller's tax liability hereunder by separately stating that tax
9		as an additional charge, which charge may be stated in
10		combination, in a single amount, with any State tax that
11		sellers are required to collect.
12		(c) Whenever the Department of Revenue determines that a
13		refund should be made under this Section to a claimant instead
14		of issuing a credit memorandum, the Department of Revenue shall
15		notify the State Comptroller, who shall cause the order to be
16		drawn for the amount specified and to the person named in the
17		notification from the Department of Revenue.
18		(d) The Department of Revenue shall immediately pay over to
19		the State Treasurer, ex officio, as trustee, all taxes and
20		penalties collected hereunder for deposit into the Local
21		Cannabis Retailers' Occupation Tax Trust Regulation Fund.
22		(e) On or before the 25th day of each calendar month, the
23		Department of Revenue shall prepare and certify to the
24		Comptroller the amount of money to be disbursed from the Local
25		Cannabis Retailers' Occupation Consumer Excise Tax Trust Fund
26		to municipalities from which retailers have paid taxes or

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1		penalties under this Section during the second preceding
2		calendar month. The amount to be paid to each municipality
3		shall be the amount (not including credit memoranda) collected
4		under this Section from sales made in the municipality during
5		the second preceding calendar month, plus an amount the
6		Department of Revenue determines is necessary to offset any
7		amounts that were erroneously paid to a different taxing body,
8		and not including an amount equal to the amount of refunds made
9		during the second preceding calendar month by the Department on
10		behalf of such municipality, and not including any amount that
11		the Department determines is necessary to offset any amounts
12		that were payable to a different taxing body but were
13		erroneously paid to the municipality, less 1.5% of the
14		remainder, which the Department shall transfer into the Tax
15		Compliance and Administration Fund. The Department, at the time
16		of each monthly disbursement to the municipalities, shall
17		prepare and certify to the State Comptroller the amount to be
18		transferred into the Tax Compliance and Administration Fund
19		under this Section. Within 10 days after receipt by the
20		Comptroller of the disbursement certification to the
21		municipalities and the Tax Compliance and Administration Fund
22		provided for in this Section to be given to the Comptroller by
23		the Department, the Comptroller shall cause the orders to be
24		drawn for the respective amounts in accordance with the
25		directions contained in the certification.
26		(f) An ordinance or resolution imposing or discontinuing a

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1		tax under this Section or effecting a change in the rate
2		thereof that is shall be adopted on or after June 25, 2019 (the
3		effective date of Public Act 101-27) and for which a certified
4		copy is thereof filed with the Department on or before April 1,
5		2020 shall be administered and enforced by the Department
6		beginning on July 1, 2020. For ordinances filed with the
7		Department after April 1, 2020, an ordinance or resolution
8		imposing or discontinuing a tax under this Section or effecting
9		a change in the rate thereof shall either (i) be adopted and a
10		certified copy thereof filed with the Department on or before
11		the first day of April, whereupon the Department shall proceed
12		to administer and enforce this Section as of the first day of
13		July next following the adoption and filing; or (ii) be adopted
14		and a certified copy thereof filed with the Department on or
15		before the first day of October, whereupon the Department shall
16		proceed to administer and enforce this Section as of the first
17		day of January the first day of June, whereupon the Department
18		shall proceed to administer and enforce this Section as of the
19		first day of September next following the adoption and filing.
20		(Source: P.A. 101-27, eff. 6-25-19; revised 9-17-19.)
21		Section 21. The Savings Bank Act is amended by changing
22		Section 9002 as follows:
23		(205 ILCS 205/9002) (from Ch. 17, par. 7309-2)
24		Sec. 9002. Powers of Secretary.

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1		(a) The Secretary shall have the following powers and
2		duties:
3		(1) To exercise the rights, powers, and duties set
4		forth in this Act or in any related Act.
5		(2) To establish regulations as may be reasonable or
6		necessary to accomplish the purposes of this Act.
7		(3) To make an annual report regarding the work of his
8		or her office under this Act as he may consider desirable
9		to the Governor, or as the Governor may request.
10		(4) To cause a suit to be filed in his or her name to
11		enforce any law of this State that applies to savings
12		banks, their service corporations, subsidiaries,
13		affiliates, or holding companies operating under this Act,
14		including the enforcement of any obligation of the
15		officers, directors, agents, or employees of any savings
16		bank.
17		(5) To prescribe a uniform manner in which the books
18		and records of every savings bank are to be maintained.
19		(6) To establish a reasonable fee structure for savings
20		banks and holding companies operating under this Act and
21		for their service corporations and subsidiaries. The fees
22		shall include, but not be limited to, annual fees,
23		application fees, regular and special examination fees,
24		and other fees as the Secretary establishes and
25		demonstrates to be directly resultant from the Secretary's
26		responsibilities under this Act and as are directly

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1		attributable to individual entities operating under this
2		Act. The aggregate of all moneys collected by the Secretary
3		on and after the effective date of this Act shall be paid
4		promptly after receipt of the same, accompanied by a
5		detailed statement thereof, into the Savings Bank
6		Regulatory Fund established under Section 9002.1 of this
7		Act. Nothing in this Act shall prevent continuing the
8		practice of paying expenses involving salaries,
9		retirement, social security, and State-paid insurance of
10		State officers by appropriation from the General Revenue
11		Fund. The Secretary may require payment of the fees under
12		this Act by an electronic transfer of funds or an automatic
13		debit of an account of each of the savings banks.
14		(b) Notwithstanding the provisions of subsection (a), the
15		Secretary shall not:
16		(1) issue an order against a savings bank or holding
17		company organized under this Act for unsafe or unsound
18		banking practices solely because the entity provides or has
19		provided financial services to a cannabis-related
20		legitimate business;
21		(2) prohibit, penalize, or otherwise discourage a
22		savings bank or holding company organized under this Act
23		from providing financial services to a cannabis-related
24		legitimate business solely because the entity provides or
25		has provided financial services to a cannabis-related
26		legitimate business;

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1		(3) recommend, incentivize, or encourage a savings
2		bank or holding company organized under this Act not to
3		offer financial services to an account holder or to
4		downgrade or cancel the financial services offered to an
5		account holder solely because:
6		(A) the account holder is a manufacturer or
7		producer, or is the owner, operator, or employee of, a
8		cannabis-related legitimate business;
9		(B) the account holder later becomes an owner or
10		operator of a cannabis-related legitimate business; or
11		(C) the savings bank or holding company organized
12		under this Act was not aware that the account holder is
13		the owner or operator of a cannabis-related legitimate
14		business; or
15		(4) take any adverse or corrective supervisory action
16		on a loan made to an owner or operator of:
17		(A) a cannabis-related legitimate business solely
18		because the owner or operator owns or operates a
19		cannabis-related legitimate business; or
20		(B) real estate or equipment that is leased to a
21		cannabis-related legitimate business solely because
22		the owner or operator of the real estate or equipment
23		leased the equipment or real estate to a
24		cannabis-related legitimate business.
25		(Source: P.A. 97-492, eff. 1-1-12; 98-1081, eff. 1-1-15.)

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1		Section 23. The Smoke Free Illinois Act is amended by
2		changing Section 35 as follows:
3		(410 ILCS 82/35)
4		Sec. 35. Exemptions. Notwithstanding any other provision
5		of this Act, smoking is allowed in the following areas:
6		(1) Private residences or dwelling places, except when
7		used as a child care, adult day care, or healthcare
8		facility or any other home-based business open to the
9		public.
10		(2) Retail tobacco stores as defined in Section 10 of
11		this Act in operation prior to the effective date of this
12		amendatory Act of the 95th General Assembly. The retail
13		tobacco store shall annually file with the Department by
14		January 31st an affidavit stating the percentage of its
15		gross income during the prior calendar year that was
16		derived from the sale of loose tobacco, plants, or herbs
17		and cigars, cigarettes, pipes, or other smoking devices for
18		smoking tobacco and related smoking accessories. Any
19		retail tobacco store that begins operation after the
20		effective date of this amendatory Act may only qualify for
21		an exemption if located in a freestanding structure
22		occupied solely by the business and smoke from the business
23		does not migrate into an enclosed area where smoking is
24		prohibited. A retail tobacco store may, with authorization
25		or permission from a unit of local government, including a

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1		home rule unit, or any non-home rule county within the
2		unincorporated territory of the county, allow the
3		on-premises consumption of cannabis in a specially
4		designated areas.
5		(3) (Blank).
6		(4) Hotel and motel sleeping rooms that are rented to
7		guests and are designated as smoking rooms, provided that
8		all smoking rooms on the same floor must be contiguous and
9		smoke from these rooms must not infiltrate into nonsmoking
10		rooms or other areas where smoking is prohibited. Not more
11		than 25% of the rooms rented to guests in a hotel or motel
12		may be designated as rooms where smoking is allowed. The
13		status of rooms as smoking or nonsmoking may not be
14		changed, except to permanently add additional nonsmoking
15		rooms.
16		(5) Enclosed laboratories that are excluded from the
17		definition of "place of employment" in Section 10 of this
18		Act. Rulemaking authority to implement this amendatory Act
19		of the 95th General Assembly, if any, is conditioned on the
20		rules being adopted in accordance with all provisions of
21		the Illinois Administrative Procedure Act and all rules and
22		procedures of the Joint Committee on Administrative Rules;
23		any purported rule not so adopted, for whatever reason, is
24		unauthorized.
25		(6) Common smoking rooms in long-term care facilities
26		operated under the authority of the Illinois Department of

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1		Veterans' Affairs or licensed under the Nursing Home Care
2		Act that are accessible only to residents who are smokers
3		and have requested in writing to have access to the common
4		smoking room where smoking is permitted and the smoke shall
5		not infiltrate other areas of the long-term care facility.
6		Rulemaking authority to implement this amendatory Act of
7		the 95th General Assembly, if any, is conditioned on the
8		rules being adopted in accordance with all provisions of
9		the Illinois Administrative Procedure Act and all rules and
10		procedures of the Joint Committee on Administrative Rules;
11		any purported rule not so adopted, for whatever reason, is
12		unauthorized.
13		(7) A convention hall of the Donald E. Stephens
14		Convention Center where a meeting or trade show for
15		manufacturers and suppliers of tobacco and tobacco
16		products and accessories is being held, during the time the
17		meeting or trade show is occurring, if the meeting or trade
18		show:
19		(i) is a trade-only event and not open to the
20		public;
21		(ii) is limited to attendees and exhibitors that
22		are 21 years of age or older;
23		(iii) is being produced or organized by a business
24		relating to tobacco or a professional association for
25		convenience stores; and
26		(iv) involves the display of tobacco products.

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1		Smoking is not allowed in any public area outside of
2		the hall designated for the meeting or trade show.
3		This paragraph (7) is inoperative on and after October
4		1, 2015.
5		(8) A dispensing organization, as defined in the
6		Cannabis Regulation and Tax Act, authorized or permitted by
7		a unit local government to allow on-site consumption of
8		cannabis, if the establishment: (1) maintains a specially
9		designated area or areas for the purpose of heating,
10		burning, smoking, or lighting cannabis; (2) is limited to
11		individuals 21 or older; and (3) maintains a locked door or
12		barrier to any specially designated areas for the purpose
13		of heating, burning, smoking or lighting cannabis.
14		(Source: P.A. 98-1023, eff. 8-22-14.)
15		Section 24. The Compassionate Use of Medical Cannabis
16		Program Act is amended by changing Sections 60 and 210 as
17		follows:
18		(410 ILCS 130/60)
19		Sec. 60. Issuance of registry identification cards.
20		(a) Except as provided in subsection (b), the Department of
21		Public Health shall:
22		(1) verify the information contained in an application
23		or renewal for a registry identification card submitted
24		under this Act, and approve or deny an application or

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1		renewal, within 90 days of receiving a completed
2		application or renewal application and all supporting
3		documentation specified in Section 55;
4		(2) issue registry identification cards to a
5		qualifying patient and his or her designated caregiver, if
6		any, within 15 business days of approving the application
7		or renewal;
8		(3) enter the registry identification number of the
9		registered dispensing organization the patient designates
10		into the verification system; 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		Notwithstanding any other provision of this Act, the
15		Department of Public Health shall adopt rules for qualifying
16		patients and applicants with life-long debilitating medical
17		conditions, who may be charged annual renewal fees. The
18		Department of Public Health shall not require patients and
19		applicants with life-long debilitating medical conditions to
20		apply to renew registry identification cards.
21		(b) The Department of Public Health may not issue a
22		registry identification card to a qualifying patient who is
23		under 18 years of age, unless that patient suffers from
24		seizures, including those characteristic of epilepsy, or as
25		provided by administrative rule. The Department of Public
26		Health shall adopt rules for the issuance of a registry

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1		identification card for qualifying patients who are under 18
2		years of age and suffering from seizures, including those
3		characteristic of epilepsy. The Department of Public Health may
4		adopt rules to allow other individuals under 18 years of age to
5		become registered qualifying patients under this Act with the
6		consent of a parent or legal guardian. Registered qualifying
7		patients under 18 21 years of age shall be prohibited from
8		consuming forms of cannabis other than medical cannabis infused
9		products and purchasing any usable cannabis or paraphernalia
10		used for smoking or vaping medical cannabis.
11		(c) A veteran who has received treatment at a VA hospital
12		is deemed to have a bona fide health care professional-patient
13		relationship with a VA certifying health care professional if
14		the patient has been seen for his or her debilitating medical
15		condition at the VA hospital in accordance with VA hospital
16		protocols. All reasonable inferences regarding the existence
17		of a bona fide health care professional-patient relationship
18		shall be drawn in favor of an applicant who is a veteran and
19		has undergone treatment at a VA hospital.
20		(c-10) An individual who submits an application as someone
21		who is terminally ill shall have all fees waived. The
22		Department of Public Health shall within 30 days after this
23		amendatory Act of the 99th General Assembly adopt emergency
24		rules to expedite approval for terminally ill individuals.
25		These rules shall include, but not be limited to, rules that
26		provide that applications by individuals with terminal

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1		illnesses shall be approved or denied within 14 days of their
2		submission.
3		(d) No later than 6 months after the effective date of this
4		amendatory Act of the 101st General Assembly, the Secretary of
5		State shall remove all existing notations on driving records
6		that the person is a registered qualifying patient or his or
7		her caregiver under this Act. Upon the approval of the
8		registration and issuance of a registry card under this
9		Section, the Department of Public Health shall forward the
10		designated caregiver or registered qualified patient's
11		driver's registration number to the Secretary of State and
12		certify that the individual is permitted to engage in the
13		medical use of cannabis. For the purposes of law enforcement,
14		the Secretary of State shall make a notation on the person's
15		driving record stating the person is a registered qualifying
16		patient who is entitled to the lawful medical use of cannabis.
17		If the person no longer holds a valid registry card, the
18		Department shall notify the Secretary of State and the
19		Secretary of State shall remove the notation from the person's
20		driving record. The Department and the Secretary of State may
21		establish a system by which the information may be shared
22		electronically.
23		(e) Upon the approval of the registration and issuance of a
24		registry card under this Section, the Department of Public
25		Health shall electronically forward the registered qualifying
26		patient's identification card information to the Prescription

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1		Monitoring Program established under the Illinois Controlled
2		Substances Act and certify that the individual is permitted to
3		engage in the medical use of cannabis. For the purposes of
4		patient care, the Prescription Monitoring Program shall make a
5		notation on the person's prescription record stating that the
6		person is a registered qualifying patient who is entitled to
7		the lawful medical use of cannabis. If the person no longer
8		holds a valid registry card, the Department of Public Health
9		shall notify the Prescription Monitoring Program and
10		Department of Human Services to remove the notation from the
11		person's record. The Department of Human Services and the
12		Prescription Monitoring Program shall establish a system by
13		which the information may be shared electronically. This
14		confidential list may not be combined or linked in any manner
15		with any other list or database except as provided in this
16		Section.
17		(f) (Blank).
18		(Source: P.A. 100-1114, eff. 8-28-18; 101-363, eff. 8-9-19.)
19		(410 ILCS 130/210)
20		Sec. 210. Returns.
21		(a) This subsection (a) applies to returns due on or before
22		the effective date of this amendatory Act of the 101st General
23		Assembly. On or before the twentieth day of each calendar
24		month, every person subject to the tax imposed under this Law
25		during the preceding calendar month shall file a return with

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1		the Department, stating:
2		(1) The name of the taxpayer;
3		(2) The number of ounces of medical cannabis sold to a
4		dispensing dispensary organization or a registered
5		qualifying patient during the preceding calendar month;
6		(3) The amount of tax due;
7		(4) The signature of the taxpayer; and
8		(5) Such other reasonable information as the
9		Department may require.
10		If a taxpayer fails to sign a return within 30 days after
11		the proper notice and demand for signature by the Department,
12		the return shall be considered valid and any amount shown to be
13		due on the return shall be deemed assessed.
14		The taxpayer shall remit the amount of the tax due to the
15		Department at the time the taxpayer files his or her return.
16		(b) Beginning on the effective date of this amendatory Act
17		of the 101st General Assembly, Section 65-20 of the Cannabis
18		Regulation and Tax Act shall apply to returns filed and taxes
19		paid under this Act to the same extent as if those provisions
20		were set forth in full in this Section.
21		(Source: P.A. 101-27, eff. 6-25-19.)
22		Section 25. The Cannabis Regulation and Tax Act is amended
23		by changing Sections 1-5, 1-10, 5-5, 5-15, 5-20, 5-25, 7-1,
24		7-10, 7-15, 7-25, 10-5, 10-10, 10-15, 10-25, 10-30, 10-35,
25		10-40, 10-50, 15-15, 15-20, 15-25, 15-30, 15-35, 15-36, 15-40,

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1		15-55, 15-65, 15-70, 15-75, 15-85, 15-95, 15-100, 15-145,
2		15-155, 20-10, 20-15, 20-20, 20-30, 25-1, 25-10, 30-5, 30-10,
3		30-15, 30-30, 35-5, 35-15, 35-25, 35-31, 40-5, 40-10, 40-15,
4		40-20, 40-25, 40-30, 40-35, 40-40, 45-5, 50-5, 55-10, 55-20,
5		55-21, 55-25, 55-28, 55-30, 55-35, 55-65, 55-80, 55-85, 55-95,
6		60-5, 60-20, 65-5, 65-10, and 65-15 and by adding Section 1-7
7		as follows:
8		(410 ILCS 705/1-5)
9		Sec. 1-5. Findings.
10		(a) In the interest of allowing law enforcement to focus on
11		violent and property crimes, generating revenue for education,
12		substance abuse prevention and treatment, freeing public
13		resources to invest in communities and other public purposes,
14		and individual freedom, the General Assembly finds and declares
15		that the use of cannabis should be legal for persons 21 years
16		of age or older and should be taxed in a manner similar to
17		alcohol.
18		(b) In the interest of the health and public safety of the
19		residents of Illinois, the General Assembly further finds and
20		declares that cannabis should be regulated in a manner similar
21		to alcohol so that:
22		(1) persons will have to show proof of age before
23		purchasing cannabis;
24		(2) selling, distributing, or transferring cannabis to
25		minors and other persons under 21 years of age shall remain

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1		illegal;
2		(3) driving under the influence of cannabis, operating
3		a watercraft under the influence of cannabis, and operating
4		a snowmobile under the influence of cannabis shall remain
5		illegal;
6		(4) legitimate, taxpaying business people, and not
7		criminal actors, will conduct sales of cannabis;
8		(5) cannabis sold in this State will be tested,
9		labeled, and subject to additional regulation to ensure
10		that purchasers are informed and protected; and
11		(6) purchasers will be informed of any known health
12		risks associated with the use of cannabis, as concluded by
13		evidence-based, peer reviewed research.
14		(c) The General Assembly further finds and declares that it
15		is necessary to ensure consistency and fairness in the
16		application of this Act throughout the State and that,
17		therefore, the matters addressed by this Act are, except as
18		specified in this Act, matters of statewide concern.
19		(d) The General Assembly further finds and declares that
20		this Act shall not diminish the State's duties and commitment
21		to seriously ill patients registered under the Compassionate
22		Use of Medical Cannabis Pilot Program Act, nor alter the
23		protections granted to them.
24		(e) The General Assembly supports and encourages labor
25		neutrality in the cannabis industry and further finds and
26		declares that employee workplace safety shall not be diminished

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1		and employer workplace policies shall be interpreted broadly to
2		protect employee safety.
3		(Source: P.A. 101-27, eff. 6-25-19.)
4		(410 ILCS 705/1-7 new)
5		Sec. 1-7. Lawful user and lawful products. For the purposes
6		of this Act and to clarify the legislative findings on the
7		lawful use of cannabis, a person shall not be considered an
8		unlawful user or addicted to narcotics solely as a result of
9		his or her possession or use of cannabis or cannabis
10		paraphernalia in accordance with this Act.
11		(410 ILCS 705/1-10)
12		Sec. 1-10. Definitions. In this Act:
13		"Adult Use Cultivation Center License" means a license
14		issued by the Department of Agriculture that permits a person
15		to act as a cultivation center under this Act and any
16		administrative rule made in furtherance of this Act.
17		"Adult Use Dispensing Organization License" means a
18		license issued by the Department of Financial and Professional
19		Regulation that permits a person to act as a dispensing
20		organization under this Act and any administrative rule made in
21		furtherance of this Act.
22		"Advertise" means to engage in promotional activities
23		including, but not limited to: newspaper, radio, Internet and
24		electronic media, and television advertising; the distribution

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1		of fliers and circulars; billboard advertising; and the display
2		of window and interior signs. "Advertise" does not mean
3		exterior signage displaying only the name of the licensed
4		cannabis business establishment.
5		"BLS Region" means a region in Illinois used by the United
6		States Bureau of Labor Statistics to gather and categorize
7		certain employment and wage data. The 17 such regions in
8		Illinois are: Bloomington, Cape Girardeau, Carbondale-Marion,
9		Champaign-Urbana, Chicago-Naperville-Elgin, Danville,
10		Davenport-Moline-Rock Island, Decatur, Kankakee, Peoria,
11		Rockford, St. Louis, Springfield, Northwest Illinois
12		nonmetropolitan area, West Central Illinois nonmetropolitan
13		area, East Central Illinois nonmetropolitan area, and South
14		Illinois nonmetropolitan area.
15		"Cannabis" means marijuana, hashish, and other substances
16		that are identified as including any parts of the plant
17		Cannabis sativa and including derivatives or subspecies, such
18		as indica, of all strains of cannabis, whether growing or not;
19		the seeds thereof, the resin extracted from any part of the
20		plant; and any compound, manufacture, salt, derivative,
21		mixture, or preparation of the plant, its seeds, or resin,
22		including tetrahydrocannabinol (THC) and all other naturally
23		produced cannabinol derivatives, whether produced directly or
24		indirectly by extraction; however, "cannabis" does not include
25		the mature stalks of the plant, fiber produced from the stalks,
26		oil or cake made from the seeds of the plant, any other

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1		compound, manufacture, salt, derivative, mixture, or
2		preparation of the mature stalks (except the resin extracted
3		from it), fiber, oil or cake, or the sterilized seed of the
4		plant that is incapable of germination. "Cannabis" does not
5		include industrial hemp as defined and authorized under the
6		Industrial Hemp Act. "Cannabis" also means cannabis flower,
7		concentrate, and cannabis-infused products.
8		"Cannabis business establishment" means a cultivation
9		center, craft grower, processing organization, infuser
10		organization, dispensing organization, or transporting
11		organization.
12		"Cannabis concentrate" means a product derived from
13		cannabis that is produced by extracting cannabinoids,
14		including tetrahydrocannabinol (THC), from the plant through
15		the use of propylene glycol, glycerin, butter, olive oil or
16		other typical cooking fats; water, ice, or dry ice; or butane,
17		propane, CO2, ethanol, or isopropanol and with the intended use
18		of smoking or making a cannabis-infused product. The use of any
19		other solvent is expressly prohibited unless and until it is
20		approved by the Department of Agriculture.
21		"Cannabis container" means a sealed, traceable, container,
22		or package used for the purpose of containment of cannabis or
23		cannabis-infused product during transportation.
24		"Cannabis flower" means marijuana, hashish, and other
25		substances that are identified as including any parts of the
26		plant Cannabis sativa and including derivatives or subspecies,

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1		such as indica, of all strains of cannabis; including raw kief,
2		leaves, and buds, but not resin that has been extracted from
3		any part of such plant; nor any compound, manufacture, salt,
4		derivative, mixture, or preparation of such plant, its seeds,
5		or resin.
6		"Cannabis-infused product" means a beverage, food, oil,
7		ointment, tincture, topical formulation, or another product
8		containing cannabis or cannabis concentrate that is not
9		intended to be smoked.
10		"Cannabis paraphernalia" means equipment, products, or
11		materials intended to be used for planting, propagating,
12		cultivating, growing, harvesting, manufacturing, producing,
13		processing, preparing, testing, analyzing, packaging,
14		repackaging, storing, containing, concealing, ingesting, or
15		otherwise introducing cannabis into the human body.
16		"Cannabis plant monitoring system" or "plant monitoring
17		system" means a system that includes, but is not limited to,
18		testing and data collection established and maintained by the
19		cultivation center, craft grower, or processing organization
20		and that is available to the Department of Revenue, the
21		Department of Agriculture, the Department of Financial and
22		Professional Regulation, and the Department of State Police for
23		the purposes of documenting each cannabis plant and monitoring
24		plant development throughout the life cycle of a cannabis plant
25		cultivated for the intended use by a customer from seed
26		planting to final packaging.

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1		"Cannabis testing facility" means an entity registered by
2		the Department of Agriculture to test cannabis for potency and
3		contaminants.
4		"Clone" means a plant section from a female cannabis plant
5		not yet rootbound, growing in a water solution or other
6		propagation matrix, that is capable of developing into a new
7		plant.
8		"Community College Cannabis Vocational Training Pilot
9		Program faculty participant" means a person who is 21 years of
10		age or older, licensed by the Department of Agriculture, and is
11		employed or contracted by an Illinois community college to
12		provide student instruction using cannabis plants at an
13		Illinois Community College.
14		"Community College Cannabis Vocational Training Pilot
15		Program faculty participant Agent Identification Card" means a
16		document issued by the Department of Agriculture that
17		identifies a person as Community College Cannabis Vocational
18		Training Pilot Program faculty participant.
19		"Conditional Adult Use Dispensing Organization License"
20		means a license awarded to top-scoring applicants for an Adult
21		Use Dispensing Organization License that reserves the right to
22		an Adult Use Dispensing Organization License adult use
23		dispensing organization license if the applicant meets certain
24		conditions described in this Act, but does not entitle the
25		recipient to begin purchasing or selling cannabis or
26		cannabis-infused products.

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1		"Conditional Adult Use Cultivation Center License" means a
2		license awarded to top-scoring applicants for an Adult Use
3		Cultivation Center License that reserves the right to an Adult
4		Use Cultivation Center License if the applicant meets certain
5		conditions as determined by the Department of Agriculture by
6		rule, but does not entitle the recipient to begin growing,
7		processing, or selling cannabis or cannabis-infused products.
8		"Craft grower" means a facility operated by an organization
9		or business that is licensed by the Department of Agriculture
10		to cultivate, dry, cure, and package cannabis and perform other
11		necessary activities to make cannabis available for sale at a
12		dispensing organization or use at a processing organization. A
13		craft grower may contain up to 5,000 square feet of canopy
14		space on its premises for plants in the flowering state. The
15		Department of Agriculture may authorize an increase or decrease
16		of flowering stage cultivation space in increments of 3,000
17		square feet by rule based on market need, craft grower
18		capacity, and the licensee's history of compliance or
19		noncompliance, with a maximum space of 14,000 square feet for
20		cultivating plants in the flowering stage, which must be
21		cultivated in all stages of growth in an enclosed and secure
22		area. A craft grower may share premises with a processing
23		organization or a dispensing organization, or both, provided
24		each licensee stores currency and cannabis or cannabis-infused
25		products in a separate secured vault to which the other
26		licensee does not have access or all licensees sharing a vault

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1		share more than 50% of the same ownership.
2		"Craft grower agent" means a principal officer, board
3		member, employee, or other agent of a craft grower who is 21
4		years of age or older.
5		"Craft Grower Agent Identification Card" means a document
6		issued by the Department of Agriculture that identifies a
7		person as a craft grower agent.
8		"Cultivation center" means a facility operated by an
9		organization or business that is licensed by the Department of
10		Agriculture to cultivate, process, transport (unless otherwise
11		limited by this Act), and perform other necessary activities to
12		provide cannabis and cannabis-infused products to cannabis
13		business establishments.
14		"Cultivation center agent" means a principal officer,
15		board member, employee, or other agent of a cultivation center
16		who is 21 years of age or older.
17		"Cultivation Center Agent Identification Card" means a
18		document issued by the Department of Agriculture that
19		identifies a person as a cultivation center agent.
20		"Currency" means currency and coin of the United States.
21		"Dispensary" means a facility operated by a dispensing
22		organization at which activities licensed by this Act may
23		occur.
24		"Dispensing organization" means a facility operated by an
25		organization or business that is licensed by the Department of
26		Financial and Professional Regulation to acquire cannabis from

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1		a cultivation center, craft grower, processing organization,
2		or another dispensary for the purpose of selling or dispensing
3		cannabis, cannabis-infused products, cannabis seeds,
4		paraphernalia, or related supplies under this Act to purchasers
5		or to qualified registered medical cannabis patients and
6		caregivers. As used in this Act, "dispensing dispensary
7		organization" includes shall include a registered medical
8		cannabis organization as defined in the Compassionate Use of
9		Medical Cannabis Pilot Program Act or its successor Act that
10		has obtained an Early Approval Adult Use Dispensing
11		Organization License.
12		"Dispensing organization agent" means a principal officer,
13		employee, or agent of a dispensing organization who is 21 years
14		of age or older.
15		"Dispensing organization agent identification card" means
16		a document issued by the Department of Financial and
17		Professional Regulation that identifies a person as a
18		dispensing organization agent.
19		"Disproportionately Impacted Area" means a census tract or
20		comparable geographic area that satisfies the following
21		criteria as determined by the Department of Commerce and
22		Economic Opportunity, that:
23		(1) meets at least one of the following criteria:
24		(A) the area has a poverty rate of at least 20%
25		according to the latest federal decennial census; or
26		(B) 75% or more of the children in the area

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1		participate in the federal free lunch program
2		according to reported statistics from the State Board
3		of Education; or
4		(C) at least 20% of the households in the area
5		receive assistance under the Supplemental Nutrition
6		Assistance Program; or
7		(D) the area has an average unemployment rate, as
8		determined by the Illinois Department of Employment
9		Security, that is more than 120% of the national
10		unemployment average, as determined by the United
11		States Department of Labor, for a period of at least 2
12		consecutive calendar years preceding the date of the
13		application; and
14		(2) has high rates of arrest, conviction, and
15		incarceration related to the sale, possession, use,
16		cultivation, manufacture, or transport of cannabis.
17		"Early Approval Adult Use Cultivation Center License"
18		means a license that permits a medical cannabis cultivation
19		center licensed under the Compassionate Use of Medical Cannabis
20		Pilot Program Act as of the effective date of this Act to begin
21		cultivating, infusing, packaging, transporting (unless
22		otherwise provided in this Act), processing and selling
23		cannabis or cannabis-infused product to cannabis business
24		establishments for resale to purchasers as permitted by this
25		Act as of January 1, 2020.
26		"Early Approval Adult Use Dispensing Organization License"

SB1557 Enrolled - 122 - LRB101 08168 SMS 53234 b
1		means a license that permits a medical cannabis dispensing
2		organization licensed under the Compassionate Use of Medical
3		Cannabis Pilot Program Act as of the effective date of this Act
4		to begin selling cannabis or cannabis-infused product to
5		purchasers as permitted by this Act as of January 1, 2020.
6		"Early Approval Adult Use Dispensing Organization at a
7		secondary site" means a license that permits a medical cannabis
8		dispensing organization licensed under the Compassionate Use
9		of Medical Cannabis Pilot Program Act as of the effective date
10		of this Act to begin selling cannabis or cannabis-infused
11		product to purchasers as permitted by this Act on January 1,
12		2020 at a different dispensary location from its existing
13		registered medical dispensary location.
14		"Enclosed, locked facility" means a room, greenhouse,
15		building, or other enclosed area equipped with locks or other
16		security devices that permit access only by cannabis business
17		establishment agents working for the licensed cannabis
18		business establishment or acting pursuant to this Act to
19		cultivate, process, store, or distribute cannabis.
20		"Enclosed, locked space" means a closet, room, greenhouse,
21		building or other enclosed area equipped with locks or other
22		security devices that permit access only by authorized
23		individuals under this Act. "Enclosed, locked space" may
24		include:
25		(1) a space within a residential building that (i) is
26		the primary residence of the individual cultivating 5 or

SB1557 Enrolled - 123 - LRB101 08168 SMS 53234 b
1		fewer cannabis plants that are more than 5 inches tall and
2		(ii) includes sleeping quarters and indoor plumbing. The
3		space must only be accessible by a key or code that is
4		different from any key or code that can be used to access
5		the residential building from the exterior; or
6		(2) a structure, such as a shed or greenhouse, that
7		lies on the same plot of land as a residential building
8		that (i) includes sleeping quarters and indoor plumbing and
9		(ii) is used as a primary residence by the person
10		cultivating 5 or fewer cannabis plants that are more than 5
11		inches tall, such as a shed or greenhouse. The structure
12		must remain locked when it is unoccupied by people.
13		"Financial institution" has the same meaning as "financial
14		organization" as defined in Section 1501 of the Illinois Income
15		Tax Act, and also includes the holding companies, subsidiaries,
16		and affiliates of such financial organizations.
17		"Flowering stage" means the stage of cultivation where and
18		when a cannabis plant is cultivated to produce plant material
19		for cannabis products. This includes mature plants as follows:
20		(1) if greater than 2 stigmas are visible at each
21		internode of the plant; or
22		(2) if the cannabis plant is in an area that has been
23		intentionally deprived of light for a period of time
24		intended to produce flower buds and induce maturation, from
25		the moment the light deprivation began through the
26		remainder of the marijuana plant growth cycle.

SB1557 Enrolled - 124 - LRB101 08168 SMS 53234 b
1		"Individual" means a natural person.
2		"Infuser organization" or "infuser" means a facility
3		operated by an organization or business that is licensed by the
4		Department of Agriculture to directly incorporate cannabis or
5		cannabis concentrate into a product formulation to produce a
6		cannabis-infused product.
7		"Kief" means the resinous crystal-like trichomes that are
8		found on cannabis and that are accumulated, resulting in a
9		higher concentration of cannabinoids, untreated by heat or
10		pressure, or extracted using a solvent.
11		"Labor peace agreement" means an agreement between a
12		cannabis business establishment and any labor organization
13		recognized under the National Labor Relations Act, referred to
14		in this Act as a bona fide labor organization, that prohibits
15		labor organizations and members from engaging in picketing,
16		work stoppages, boycotts, and any other economic interference
17		with the cannabis business establishment. This agreement means
18		that the cannabis business establishment has agreed not to
19		disrupt efforts by the bona fide labor organization to
20		communicate with, and attempt to organize and represent, the
21		cannabis business establishment's employees. The agreement
22		shall provide a bona fide labor organization access at
23		reasonable times to areas in which the cannabis business
24		establishment's employees work, for the purpose of meeting with
25		employees to discuss their right to representation, employment
26		rights under State law, and terms and conditions of employment.

SB1557 Enrolled - 125 - LRB101 08168 SMS 53234 b
1		This type of agreement shall not mandate a particular method of
2		election or certification of the bona fide labor organization.
3		"Limited access area" means a building, room, or other area
4		under the control of a cannabis dispensing organization
5		licensed under this Act and upon the licensed premises where
6		cannabis sales occur with access limited to purchasers,
7		dispensing organization owners and other dispensing
8		organization agents, or service professionals conducting
9		business with the dispensing organization, or, if sales to
10		registered qualifying patients, caregivers, provisional
11		patients, and Opioid Alternative Pilot Program participants
12		licensed pursuant to the Compassionate Use of Medical Cannabis
13		Program Act are also permitted at the dispensary, registered
14		qualifying patients, caregivers, provisional patients, and
15		Opioid Alternative Pilot Program participants.
16		"Member of an impacted family" means an individual who has
17		a parent, legal guardian, child, spouse, or dependent, or was a
18		dependent of an individual who, prior to the effective date of
19		this Act, was arrested for, convicted of, or adjudicated
20		delinquent for any offense that is eligible for expungement
21		under this Act.
22		"Mother plant" means a cannabis plant that is cultivated or
23		maintained for the purpose of generating clones, and that will
24		not be used to produce plant material for sale to an infuser or
25		dispensing organization.
26		"Ordinary public view" means within the sight line with

SB1557 Enrolled - 126 - LRB101 08168 SMS 53234 b
1		normal visual range of a person, unassisted by visual aids,
2		from a public street or sidewalk adjacent to real property, or
3		from within an adjacent property.
4		"Ownership and control" means ownership of at least 51% of
5		the business, including corporate stock if a corporation, and
6		control over the management and day-to-day operations of the
7		business and an interest in the capital, assets, and profits
8		and losses of the business proportionate to percentage of
9		ownership.
10		"Person" means a natural individual, firm, partnership,
11		association, joint stock company, joint venture, public or
12		private corporation, limited liability company, or a receiver,
13		executor, trustee, guardian, or other representative appointed
14		by order of any court.
15		"Possession limit" means the amount of cannabis under
16		Section 10-10 that may be possessed at any one time by a person
17		21 years of age or older or who is a registered qualifying
18		medical cannabis patient or caregiver under the Compassionate
19		Use of Medical Cannabis Pilot Program Act.
20		"Principal officer" includes a cannabis business
21		establishment applicant or licensed cannabis business
22		establishment's board member, owner with more than 1% interest
23		of the total cannabis business establishment or more than 5%
24		interest of the total cannabis business establishment of a
25		publicly traded company, president, vice president, secretary,
26		treasurer, partner, officer, member, manager member, or person

SB1557 Enrolled - 127 - LRB101 08168 SMS 53234 b
1		with a profit sharing, financial interest, or revenue sharing
2		arrangement. The definition includes a person with authority to
3		control the cannabis business establishment, a person who
4		assumes responsibility for the debts of the cannabis business
5		establishment and who is further defined in this Act.
6		"Primary residence" means a dwelling where a person usually
7		stays or stays more often than other locations. It may be
8		determined by, without limitation, presence, tax filings;
9		address on an Illinois driver's license, an Illinois
10		Identification Card, or an Illinois Person with a Disability
11		Identification Card; or voter registration. No person may have
12		more than one primary residence.
13		"Processing organization" or "processor" means a facility
14		operated by an organization or business that is licensed by the
15		Department of Agriculture to either extract constituent
16		chemicals or compounds to produce cannabis concentrate or
17		incorporate cannabis or cannabis concentrate into a product
18		formulation to produce a cannabis product.
19		"Processing organization agent" means a principal officer,
20		board member, employee, or agent of a processing organization.
21		"Processing organization agent identification card" means
22		a document issued by the Department of Agriculture that
23		identifies a person as a processing organization agent.
24		"Purchaser" means a person 21 years of age or older who
25		acquires cannabis for a valuable consideration. "Purchaser"
26		does not include a cardholder under the Compassionate Use of

SB1557 Enrolled - 128 - LRB101 08168 SMS 53234 b
1		Medical Cannabis Pilot Program Act.
2		"Qualified Social Equity Applicant" means a Social Equity
3		Applicant who has been awarded a conditional license under this
4		Act to operate a cannabis business establishment.
5		"Resided" means an individual's primary residence was
6		located within the relevant geographic area as established by 2
7		of the following:
8		(1) a signed lease agreement that includes the
9		applicant's name;
10		(2) a property deed that includes the applicant's name;
11		(3) school records;
12		(4) a voter registration card;
13		(5) an Illinois driver's license, an Illinois
14		Identification Card, or an Illinois Person with a
15		Disability Identification Card;
16		(6) a paycheck stub;
17		(7) a utility bill;
18		(8) tax records; or
19		(9) (8) any other proof of residency or other
20		information necessary to establish residence as provided
21		by rule.
22		"Smoking" means the inhalation of smoke caused by the
23		combustion of cannabis.
24		"Social Equity Applicant" means an applicant that is an
25		Illinois resident that meets one of the following criteria:
26		(1) an applicant with at least 51% ownership and

SB1557 Enrolled - 129 - LRB101 08168 SMS 53234 b
1		control by one or more individuals who have resided for at
2		least 5 of the preceding 10 years in a Disproportionately
3		Impacted Area;
4		(2) an applicant with at least 51% ownership and
5		control by one or more individuals who:
6		(i) have been arrested for, convicted of, or
7		adjudicated delinquent for any offense that is
8		eligible for expungement under this Act; or
9		(ii) is a member of an impacted family;
10		(3) for applicants with a minimum of 10 full-time
11		employees, an applicant with at least 51% of current
12		employees who:
13		(i) currently reside in a Disproportionately
14		Impacted Area; or
15		(ii) have been arrested for, convicted of, or
16		adjudicated delinquent for any offense that is
17		eligible for expungement under this Act or member of an
18		impacted family.
19		Nothing in this Act shall be construed to preempt or limit
20		the duties of any employer under the Job Opportunities for
21		Qualified Applicants Act. Nothing in this Act shall permit an
22		employer to require an employee to disclose sealed or expunged
23		offenses, unless otherwise required by law.
24		"Tincture" means a cannabis-infused solution, typically
25		comprised of alcohol, glycerin, or vegetable oils, derived
26		either directly from the cannabis plant or from a processed

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1		cannabis extract. A tincture is not an alcoholic liquor as
2		defined in the Liquor Control Act of 1934. A tincture shall
3		include a calibrated dropper or other similar device capable of
4		accurately measuring servings.
5		"Transporting organization" or "transporter" means an
6		organization or business that is licensed by the Department of
7		Agriculture to transport cannabis or cannabis-infused product
8		on behalf of a cannabis business establishment or a community
9		college licensed under the Community College Cannabis
10		Vocational Training Pilot Program.
11		"Transporting organization agent" means a principal
12		officer, board member, employee, or agent of a transporting
13		organization.
14		"Transporting organization agent identification card"
15		means a document issued by the Department of Agriculture that
16		identifies a person as a transporting organization agent.
17		"Unit of local government" means any county, city, village,
18		or incorporated town.
19		"Vegetative stage" means the stage of cultivation in which
20		a cannabis plant is propagated to produce additional cannabis
21		plants or reach a sufficient size for production. This includes
22		seedlings, clones, mothers, and other immature cannabis plants
23		as follows:
24		(1) if the cannabis plant is in an area that has not
25		been intentionally deprived of light for a period of time
26		intended to produce flower buds and induce maturation, it

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1		has no more than 2 stigmas visible at each internode of the
2		cannabis plant; or
3		(2) any cannabis plant that is cultivated solely for
4		the purpose of propagating clones and is never used to
5		produce cannabis.
6		(Source: P.A. 101-27, eff. 6-25-19.)
7		(410 ILCS 705/5-5)
8		Sec. 5-5. Sharing of authority. Notwithstanding any
9		provision of or law to the contrary, any authority granted to
10		any State agency or State employees or appointees under the
11		Compassionate Use of Medical Cannabis Pilot Program Act shall
12		be shared by any State agency or State employees or appointees
13		given authority to license, discipline, revoke, regulate, or
14		make rules under this Act.
15		(Source: P.A. 101-27, eff. 6-25-19.)
16		(410 ILCS 705/5-15)
17		Sec. 5-15. Department of Financial and Professional
18		Regulation. The Department of Financial and Professional
19		Regulation shall enforce the provisions of this Act relating to
20		the oversight and registration of dispensing organizations and
21		agents, including the issuance of identification cards for
22		dispensing organization agents. The Department of Financial
23		and Professional Regulation may suspend or revoke the license
24		of, or otherwise discipline dispensing organizations,

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1		principal officers, agents-in-charge, and agents impose other
2		penalties upon, dispensing organizations for violations of
3		this Act and any rules adopted under this Act.
4		(Source: P.A. 101-27, eff. 6-25-19.)
5		(410 ILCS 705/5-20)
6		Sec. 5-20. Background checks.
7		(a) Through the Department of State Police, the licensing
8		or issuing Department shall conduct a criminal history record
9		check of the prospective principal officers, board members, and
10		agents of a cannabis business establishment applying for a
11		license or identification card under this Act.
12		Each cannabis business establishment prospective principal
13		officer, board member, or agent shall submit his or her
14		fingerprints to the Department of State Police in the form and
15		manner prescribed by the Department of State Police.
16		Unless otherwise provided in this Act, such Such
17		fingerprints shall be transmitted through a live scan
18		fingerprint vendor licensed by the Department of Financial and
19		Professional Regulation. These fingerprints shall be checked
20		against the fingerprint records now and hereafter filed in the
21		Department of State Police and Federal Bureau of Investigation
22		criminal history records databases. The Department of State
23		Police shall charge a fee for conducting the criminal history
24		record check, which shall be deposited into the State Police
25		Services Fund and shall not exceed the actual cost of the State

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1		and national criminal history record check. The Department of
2		State Police shall furnish, pursuant to positive
3		identification, all Illinois conviction information and shall
4		forward the national criminal history record information to:
5		(i) the Department of Agriculture, with respect to a
6		cultivation center, craft grower, infuser organization, or
7		transporting organization; or
8		(ii) the Department of Financial and Professional
9		Regulation, with respect to a dispensing organization.
10		(b) When applying for the initial license or identification
11		card, the background checks for all prospective principal
12		officers, board members, and agents shall be completed before
13		submitting the application to the licensing or issuing agency.
14		(c) All applications for licensure under this Act by
15		applicants with criminal convictions shall be subject to
16		Sections 2105-131, 2105-135, and 2105-205 of the Department of
17		Professional Regulation Law of the Civil Administrative Code of
18		Illinois.
19		(Source: P.A. 101-27, eff. 6-25-19.)
20		(410 ILCS 705/5-25)
21		Sec. 5-25. Department of Public Health to make health
22		warning recommendations.
23		(a) The Department of Public Health shall make
24		recommendations to the Department of Agriculture and the
25		Department of Financial and Professional Regulation on

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1		appropriate health warnings for dispensaries and advertising,
2		which may apply to all cannabis products, including item-type
3		specific labeling or warning requirements, regulate the
4		facility where cannabis-infused products are made, regulate
5		cannabis-infused products as provided in subsection (e) of
6		Section 55-5, and facilitate the Adult Use Cannabis Health
7		Advisory Committee.
8		(b) An Adult Use Cannabis Health Advisory Committee is
9		hereby created and shall meet at least twice annually. The
10		Chairperson may schedule meetings more frequently upon his or
11		her initiative or upon the request of a Committee member.
12		Meetings may be held in person or by teleconference. The
13		Committee shall discuss and monitor changes in drug use data in
14		Illinois and the emerging science and medical information
15		relevant to the health effects associated with cannabis use and
16		may provide recommendations to the Department of Human Services
17		about public health awareness campaigns and messages. The
18		Committee shall include the following members appointed by the
19		Governor and shall represent the geographic, ethnic, and racial
20		diversity of the State:
21		(1) The Director of Public Health, or his or her
22		designee, who shall serve as the Chairperson.
23		(2) The Secretary of Human Services, or his or her
24		designee, who shall serve as the Co-Chairperson.
25		(3) A representative of the poison control center.
26		(4) A pharmacologist.

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1		(5) A pulmonologist.
2		(6) An emergency room physician.
3		(7) An emergency medical technician, paramedic, or
4		other first responder.
5		(8) A nurse practicing in a school-based setting.
6		(9) A psychologist.
7		(10) A neonatologist.
8		(11) An obstetrician-gynecologist.
9		(12) A drug epidemiologist.
10		(13) A medical toxicologist.
11		(14) An addiction psychiatrist.
12		(15) A pediatrician.
13		(16) A representative of a statewide professional
14		public health organization.
15		(17) A representative of a statewide hospital/health
16		system association.
17		(18) An individual registered as a patient in the
18		Compassionate Use of Medical Cannabis Pilot Program.
19		(19) An individual registered as a caregiver in the
20		Compassionate Use of Medical Cannabis Pilot Program.
21		(20) A representative of an organization focusing on
22		cannabis-related policy.
23		(21) A representative of an organization focusing on
24		the civil liberties of individuals who reside in Illinois.
25		(22) A representative of the criminal defense or civil
26		aid community of attorneys serving Disproportionately

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1		Impacted Areas.
2		(23) A representative of licensed cannabis business
3		establishments.
4		(24) A Social Equity Applicant.
5		(25) A representative of a statewide community-based
6		substance use disorder treatment provider association.
7		(26) A representative of a statewide community-based
8		mental health treatment provider association.
9		(27) A representative of a community-based substance
10		use disorder treatment provider.
11		(28) A representative of a community-based mental
12		health treatment provider.
13		(29) A substance use disorder treatment patient
14		representative.
15		(30) A mental health treatment patient representative.
16		(c) The Committee shall provide a report by September 30,
17		2021, and every year thereafter, to the General Assembly. The
18		Department of Public Health shall make the report available on
19		its website.
20		(Source: P.A. 101-27, eff. 6-25-19.)
21		(410 ILCS 705/7-1)
22		Sec. 7-1. Findings.
23		(a) The General Assembly finds that the medical cannabis
24		industry, established in 2014 through the Compassionate Use of
25		Medical Cannabis Pilot Program Act, has shown that additional

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1		efforts are needed to reduce barriers to ownership. Through
2		that program, 55 licenses for dispensing organizations and 20
3		licenses for cultivation centers have been issued. Those
4		licenses are held by only a small number of businesses, the
5		ownership of which does not sufficiently meet the General
6		Assembly's interest in business ownership that reflects the
7		population of the State of Illinois and that demonstrates the
8		need to reduce barriers to entry for individuals and
9		communities most adversely impacted by the enforcement of
10		cannabis-related laws.
11		(b) In the interest of establishing a legal cannabis
12		industry that is equitable and accessible to those most
13		adversely impacted by the enforcement of drug-related laws in
14		this State, including cannabis-related laws, the General
15		Assembly finds and declares that a social equity program should
16		be established.
17		(c) The General Assembly also finds and declares that
18		individuals who have been arrested or incarcerated due to drug
19		laws suffer long-lasting negative consequences, including
20		impacts to employment, business ownership, housing, health,
21		and long-term financial well-being.
22		(d) The General Assembly also finds and declares that
23		family members, especially children, and communities of those
24		who have been arrested or incarcerated due to drug laws, suffer
25		from emotional, psychological, and financial harms as a result
26		of such arrests or incarcerations.

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1		(e) Furthermore, the General Assembly finds and declares
2		that certain communities have disproportionately suffered the
3		harms of enforcement of cannabis-related laws. Those
4		communities face greater difficulties accessing traditional
5		banking systems and capital for establishing businesses.
6		(f) The General Assembly also finds that individuals who
7		have resided in areas of high poverty suffer negative
8		consequences, including barriers to entry in employment,
9		business ownership, housing, health, and long-term financial
10		well-being.
11		(g) The General Assembly also finds and declares that
12		promotion of business ownership by individuals who have resided
13		in areas of high poverty and high enforcement of
14		cannabis-related laws furthers an equitable cannabis industry.
15		(h) Therefore, in the interest of remedying the harms
16		resulting from the disproportionate enforcement of
17		cannabis-related laws, the General Assembly finds and declares
18		that a social equity program should offer, among other things,
19		financial assistance and license application benefits to
20		individuals most directly and adversely impacted by the
21		enforcement of cannabis-related laws who are interested in
22		starting cannabis business establishments.
23		(Source: P.A. 101-27, eff. 6-25-19.)
24		(410 ILCS 705/7-10)
25		Sec. 7-10. Cannabis Business Development Fund.

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1		(a) There is created in the State treasury a special fund,
2		which shall be held separate and apart from all other State
3		moneys, to be known as the Cannabis Business Development Fund.
4		The Cannabis Business Development Fund shall be exclusively
5		used for the following purposes:
6		(1) to provide low-interest rate loans to Qualified
7		Social Equity Applicants to pay for ordinary and necessary
8		expenses to start and operate a cannabis business
9		establishment permitted by this Act;
10		(2) to provide grants to Qualified Social Equity
11		Applicants to pay for ordinary and necessary expenses to
12		start and operate a cannabis business establishment
13		permitted by this Act;
14		(3) to compensate the Department of Commerce and
15		Economic Opportunity for any costs related to the provision
16		of low-interest loans and grants to Qualified Social Equity
17		Applicants;
18		(4) to pay for outreach that may be provided or
19		targeted to attract and support Social Equity Applicants
20		and Qualified Social Equity Applicants;
21		(5) (blank);
22		(6) to conduct any study or research concerning the
23		participation of minorities, women, veterans, or people
24		with disabilities in the cannabis industry, including,
25		without limitation, barriers to such individuals entering
26		the industry as equity owners of cannabis business

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1		establishments;
2		(7) (blank); and
3		(8) to assist with job training and technical
4		assistance for residents in Disproportionately Impacted
5		Areas.
6		(b) All moneys collected under Sections 15-15 and 15-20 for
7		Early Approval Adult Use Dispensing Organization Licenses
8		issued before January 1, 2021 and remunerations made as a
9		result of transfers of permits awarded to Qualified Social
10		Equity Applicants shall be deposited into the Cannabis Business
11		Development Fund.
12		(c) As soon as practical after July 1, 2019, the
13		Comptroller shall order and the Treasurer shall transfer
14		$12,000,000 from the Compassionate Use of Medical Cannabis Fund
15		to the Cannabis Business Development Fund.
16		(d) Notwithstanding any other law to the contrary, the
17		Cannabis Business Development Fund is not subject to sweeps,
18		administrative charge-backs, or any other fiscal or budgetary
19		maneuver that would in any way transfer any amounts from the
20		Cannabis Business Development Fund into any other fund of the
21		State.
22		(Source: P.A. 101-27, eff. 6-25-19.)
23		(410 ILCS 705/7-15)
24		Sec. 7-15. Loans and grants to Social Equity Applicants.
25		(a) The Department of Commerce and Economic Opportunity

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1		shall establish grant and loan programs, subject to
2		appropriations from the Cannabis Business Development Fund,
3		for the purposes of providing financial assistance, loans,
4		grants, and technical assistance to Social Equity Applicants.
5		(b) The Department of Commerce and Economic Opportunity has
6		the power to:
7		(1) provide Cannabis Social Equity loans and grants
8		from appropriations from the Cannabis Business Development
9		Fund to assist Qualified Social Equity Applicants in
10		gaining entry to, and successfully operating in, the
11		State's regulated cannabis marketplace;
12		(2) enter into agreements that set forth terms and
13		conditions of the financial assistance, accept funds or
14		grants, and engage in cooperation with private entities and
15		agencies of State or local government to carry out the
16		purposes of this Section;
17		(3) fix, determine, charge, and collect any premiums,
18		fees, charges, costs and expenses, including application
19		fees, commitment fees, program fees, financing charges, or
20		publication fees in connection with its activities under
21		this Section;
22		(4) coordinate assistance under these loan programs
23		with activities of the Illinois Department of Financial and
24		Professional Regulation, the Illinois Department of
25		Agriculture, and other agencies as needed to maximize the
26		effectiveness and efficiency of this Act;

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1		(5) provide staff, administration, and related support
2		required to administer this Section;
3		(6) take whatever actions are necessary or appropriate
4		to protect the State's interest in the event of bankruptcy,
5		default, foreclosure, or noncompliance with the terms and
6		conditions of financial assistance provided under this
7		Section, including the ability to recapture funds if the
8		recipient is found to be noncompliant with the terms and
9		conditions of the financial assistance agreement;
10		(7) establish application, notification, contract, and
11		other forms, procedures, or rules deemed necessary and
12		appropriate; and
13		(8) utilize vendors or contract work to carry out the
14		purposes of this Act.
15		(c) Loans made under this Section:
16		(1) shall only be made if, in the Department's
17		judgment, the project furthers the goals set forth in this
18		Act; and
19		(2) shall be in such principal amount and form and
20		contain such terms and provisions with respect to security,
21		insurance, reporting, delinquency charges, default
22		remedies, and other matters as the Department shall
23		determine appropriate to protect the public interest and to
24		be consistent with the purposes of this Section. The terms
25		and provisions may be less than required for similar loans
26		not covered by this Section.

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1		(d) Grants made under this Section shall be awarded on a
2		competitive and annual basis under the Grant Accountability and
3		Transparency Act. Grants made under this Section shall further
4		and promote the goals of this Act, including promotion of
5		Social Equity Applicants, job training and workforce
6		development, and technical assistance to Social Equity
7		Applicants.
8		(e) Beginning January 1, 2021 and each year thereafter, the
9		Department shall annually report to the Governor and the
10		General Assembly on the outcomes and effectiveness of this
11		Section that shall include the following:
12		(1) the number of persons or businesses receiving
13		financial assistance under this Section;
14		(2) the amount in financial assistance awarded in the
15		aggregate, in addition to the amount of loans made that are
16		outstanding and the amount of grants awarded;
17		(3) the location of the project engaged in by the
18		person or business; and
19		(4) if applicable, the number of new jobs and other
20		forms of economic output created as a result of the
21		financial assistance.
22		(f) The Department of Commerce and Economic Opportunity
23		shall include engagement with individuals with limited English
24		proficiency as part of its outreach provided or targeted to
25		attract and support Social Equity Applicants.
26		(Source: P.A. 101-27, eff. 6-25-19.)

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1		(410 ILCS 705/7-25)
2		Sec. 7-25. Transfer of license awarded to Qualified Social
3		Equity Applicant.
4		(a) In the event a Qualified Social Equity Applicant seeks
5		to transfer, sell, or grant a cannabis business establishment
6		license within 5 years after it was issued to a person or
7		entity that does not qualify as a Social Equity Applicant, the
8		transfer agreement shall require the new license holder to pay
9		the Cannabis Business Development Fund an amount equal to:
10		(1) any fees that were waived by any State agency based
11		on the applicant's status as a Social Equity Applicant, if
12		applicable;
13		(2) any outstanding amount owed by the Qualified Social
14		Equity Applicant for a loan through the Cannabis Business
15		Development Fund, if applicable; and
16		(3) the full amount of any grants that the Qualified
17		Social Equity Applicant received from the Department of
18		Commerce and Economic Opportunity, if applicable.
19		(b) Transfers of cannabis business establishment licenses
20		awarded to a Social Equity Applicant are subject to all other
21		provisions of this Act, the Compassionate Use of Medical
22		Cannabis Pilot Program Act, and rules regarding transfers.
23		(Source: P.A. 101-27, eff. 6-25-19.)
24		(410 ILCS 705/10-5)

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1		Sec. 10-5. Personal use of cannabis; restrictions on
2		cultivation; penalties.
3		(a) Beginning January 1, 2020, notwithstanding any other
4		provision of law, and except as otherwise provided in this Act,
5		the following acts are not a violation of this Act and shall
6		not be a criminal or civil offense under State law or the
7		ordinances of any unit of local government of this State or be
8		a basis for seizure or forfeiture of assets under State law for
9		persons other than natural individuals under 21 years of age:
10		(1) possession, consumption, use, purchase, obtaining,
11		or transporting cannabis paraphernalia or an amount of
12		cannabis for personal use that does not exceed the
13		possession limit under Section 10-10 or otherwise in
14		accordance with the requirements of this Act;
15		(2) cultivation of cannabis for personal use in
16		accordance with the requirements of this Act; and
17		(3) controlling property if actions that are
18		authorized by this Act occur on the property in accordance
19		with this Act.
20		(a-1) Beginning January 1, 2020, notwithstanding any other
21		provision of law, and except as otherwise provided in this Act,
22		possessing, consuming, using, purchasing, obtaining, or
23		transporting cannabis paraphernalia or an amount of cannabis
24		purchased or produced in accordance with this Act that does not
25		exceed the possession limit under subsection (a) of Section
26		10-10 shall not be a basis for seizure or forfeiture of assets

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1		under State law.
2		(b) Cultivating cannabis for personal use is subject to the
3		following limitations:
4		(1) An Illinois resident 21 years of age or older who
5		is a registered qualifying patient under the Compassionate
6		Use of Medical Cannabis Pilot Program Act may cultivate
7		cannabis plants, with a limit of 5 plants that are more
8		than 5 inches tall, per household without a cultivation
9		center or craft grower license. In this Section, "resident"
10		means a person who has been domiciled in the State of
11		Illinois for a period of 30 days before cultivation.
12		(2) Cannabis cultivation must take place in an
13		enclosed, locked space.
14		(3) Adult registered qualifying patients may purchase
15		cannabis seeds from a dispensary for the purpose of home
16		cultivation. Seeds may not be given or sold to any other
17		person.
18		(4) Cannabis plants shall not be stored or placed in a
19		location where they are subject to ordinary public view, as
20		defined in this Act. A registered qualifying patient who
21		cultivates cannabis under this Section shall take
22		reasonable precautions to ensure the plants are secure from
23		unauthorized access, including unauthorized access by a
24		person under 21 years of age.
25		(5) Cannabis cultivation may occur only on residential
26		property lawfully in possession of the cultivator or with

SB1557 Enrolled - 147 - LRB101 08168 SMS 53234 b
1		the consent of the person in lawful possession of the
2		property. An owner or lessor of residential property may
3		prohibit the cultivation of cannabis by a lessee.
4		(6) (Blank).
5		(7) A dwelling, residence, apartment, condominium
6		unit, enclosed, locked space, or piece of property not
7		divided into multiple dwelling units shall not contain more
8		than 5 plants at any one time.
9		(8) Cannabis plants may only be tended by registered
10		qualifying patients who reside at the residence, or their
11		authorized agent attending to the residence for brief
12		periods, such as when the qualifying patient is temporarily
13		away from the residence.
14		(9) A registered qualifying patient who cultivates
15		more than the allowable number of cannabis plants, or who
16		sells or gives away cannabis plants, cannabis, or
17		cannabis-infused products produced under this Section, is
18		liable for penalties as provided by law, including the
19		Cannabis Control Act, in addition to loss of home
20		cultivation privileges as established by rule.
21		(Source: P.A. 101-27, eff. 6-25-19.)
22		(410 ILCS 705/10-10)
23		Sec. 10-10. Possession limit.
24		(a) Except if otherwise authorized by this Act, for a
25		person who is 21 years of age or older and a resident of this

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1		State, the possession limit is as follows:
2		(1) 30 grams of cannabis flower;
3		(2) no more than 500 milligrams of THC contained in
4		cannabis-infused product;
5		(3) 5 grams of cannabis concentrate; and
6		(4) for registered qualifying patients, any cannabis
7		produced by cannabis plants grown under subsection (b) of
8		Section 10-5, provided any amount of cannabis produced in
9		excess of 30 grams of raw cannabis or its equivalent must
10		remain secured within the residence or residential
11		property in which it was grown.
12		(b) For a person who is 21 years of age or older and who is
13		not a resident of this State, the possession limit is:
14		(1) 15 grams of cannabis flower;
15		(2) 2.5 grams of cannabis concentrate; and
16		(3) 250 milligrams of THC contained in a
17		cannabis-infused product.
18		(c) The possession limits found in subsections (a) and (b)
19		of this Section are to be considered cumulative.
20		(d) No person shall knowingly obtain, seek to obtain, or
21		possess an amount of cannabis from a dispensing organization or
22		craft grower that would cause him or her to exceed the
23		possession limit under this Section, including cannabis that is
24		cultivated by a person under this Act or obtained under the
25		Compassionate Use of Medical Cannabis Pilot Program Act.
26		(e) Cannabis and cannabis-derived substances regulated

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1		under the Industrial Hemp Act are not covered by this Act.
2		(Source: P.A. 101-27, eff. 6-25-19.)
3		(410 ILCS 705/10-15)
4		Sec. 10-15. Persons under 21 years of age.
5		(a) Nothing in this Act is intended to permit the transfer
6		of cannabis, with or without remuneration, to a person under 21
7		years of age, or to allow a person under 21 years of age to
8		purchase, possess, use, process, transport, grow, or consume
9		cannabis except where authorized by the Compassionate Use of
10		Medical Cannabis Pilot Program Act or by the Community College
11		Cannabis Vocational Pilot Program.
12		(b) Notwithstanding any other provisions of law
13		authorizing the possession of medical cannabis, nothing in this
14		Act authorizes a person who is under 21 years of age to possess
15		cannabis. A person under 21 years of age with cannabis in his
16		or her possession is guilty of a civil law violation as
17		outlined in paragraph (a) of Section 4 of the Cannabis Control
18		Act.
19		(c) If the person under the age of 21 was in a motor
20		vehicle at the time of the offense, the Secretary of State may
21		suspend or revoke the driving privileges of any person for a
22		violation of this Section under Section 6-206 of the Illinois
23		Vehicle Code and the rules adopted under it.
24		(d) It is unlawful for any parent or guardian to knowingly
25		permit his or her residence, any other private property under

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1		his or her control, or any vehicle, conveyance, or watercraft
2		under his or her control to be used by an invitee of the
3		parent's child or the guardian's ward, if the invitee is under
4		the age of 21, in a manner that constitutes a violation of this
5		Section. A parent or guardian is deemed to have knowingly
6		permitted his or her residence, any other private property
7		under his or her control, or any vehicle, conveyance, or
8		watercraft under his or her control to be used in violation of
9		this Section if he or she knowingly authorizes or permits
10		consumption of cannabis by underage invitees. Any person who
11		violates this subsection (d) is guilty of a Class A misdemeanor
12		and the person's sentence shall include, but shall not be
13		limited to, a fine of not less than $500. If a violation of
14		this subsection (d) directly or indirectly results in great
15		bodily harm or death to any person, the person violating this
16		subsection is guilty of a Class 4 felony. In this subsection
17		(d), where the residence or other property has an owner and a
18		tenant or lessee, the trier of fact may infer that the
19		residence or other property is occupied only by the tenant or
20		lessee.
21		(Source: P.A. 101-27, eff. 6-25-19.)
22		(410 ILCS 705/10-25)
23		Sec. 10-25. Immunities and presumptions related to the use
24		of cannabis by purchasers.
25		(a) A purchaser who is 21 years of age or older is not

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1		subject to arrest, prosecution, denial of any right or
2		privilege, or other punishment including, but not limited to,
3		any civil penalty or disciplinary action taken by an
4		occupational or professional licensing board, based solely on
5		the use of cannabis if (1) the purchaser possesses an amount of
6		cannabis that does not exceed the possession limit under
7		Section 10-10 and, if the purchaser is licensed, certified, or
8		registered to practice any trade or profession under any Act
9		and (2) the use of cannabis does not impair that person when he
10		or she is engaged in the practice of the profession for which
11		he or she is licensed, certified, or registered.
12		(b) A purchaser 21 years of age or older is not subject to
13		arrest, prosecution, denial of any right or privilege, or other
14		punishment, including, but not limited to, any civil penalty or
15		disciplinary action taken by an occupational or professional
16		licensing board, based solely for (i) selling cannabis
17		paraphernalia if employed and licensed as a dispensing agent by
18		a dispensing organization; or (ii) being in the presence or
19		vicinity of the use of cannabis or cannabis paraphernalia as
20		allowed under this Act; or (iii) possessing cannabis
21		paraphernalia.
22		(c) Mere possession of, or application for, an agent
23		identification card or license does not constitute probable
24		cause or reasonable suspicion to believe that a crime has been
25		committed, nor shall it be used as the sole basis to support
26		the search of the person, property, or home of the person

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1		possessing or applying for the agent identification card. The
2		possession of, or application for, an agent identification card
3		does not preclude the existence of probable cause if probable
4		cause exists based on other grounds.
5		(d) No person employed by the State of Illinois shall be
6		subject to criminal or civil penalties for taking any action in
7		good faith in reliance on this Act when acting within the scope
8		of his or her employment. Representation and indemnification
9		shall be provided to State employees as set forth in Section 2
10		of the State Employee Indemnification Act.
11		(e) No law enforcement or correctional agency, nor any
12		person employed by a law enforcement or correctional agency,
13		shall be subject to criminal or civil liability, except for
14		willful and wanton misconduct, as a result of taking any action
15		within the scope of the official duties of the agency or person
16		to prohibit or prevent the possession or use of cannabis by a
17		person incarcerated at a correctional facility, jail, or
18		municipal lockup facility, on parole or mandatory supervised
19		release, or otherwise under the lawful jurisdiction of the
20		agency or person.
21		(f) For purposes of receiving medical care, including organ
22		transplants, a person's use of cannabis under this Act does not
23		constitute the use of an illicit substance or otherwise
24		disqualify a person from medical care.
25		(Source: P.A. 101-27, eff. 6-25-19.)

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1		(410 ILCS 705/10-30)
2		Sec. 10-30. Discrimination prohibited.
3		(a) Neither the presence of cannabinoid components or
4		metabolites in a person's bodily fluids nor possession of
5		cannabis-related paraphernalia, nor conduct related to the use
6		of cannabis or the participation in cannabis-related
7		activities lawful under this Act by a custodial or noncustodial
8		parent, grandparent, legal guardian, foster parent, or other
9		person charged with the well-being of a child, shall form the
10		sole or primary basis or supporting basis for any action or
11		proceeding by a child welfare agency or in a family or juvenile
12		court, any adverse finding, adverse evidence, or restriction of
13		any right or privilege in a proceeding related to adoption of a
14		child, acting as a foster parent of a child, or a person's
15		fitness to adopt a child or act as a foster parent of a child,
16		or serve as the basis of any adverse finding, adverse evidence,
17		or restriction of any right of privilege in a proceeding
18		related to guardianship, conservatorship, trusteeship, the
19		execution of a will, or the management of an estate, unless the
20		person's actions in relation to cannabis created an
21		unreasonable danger to the safety of the minor or otherwise
22		show the person to not be competent as established by clear and
23		convincing evidence. This subsection applies only to conduct
24		protected under this Act.
25		(b) No landlord may be penalized or denied any benefit
26		under State law for leasing to a person who uses cannabis under

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1		this Act.
2		(c) Nothing in this Act may be construed to require any
3		person or establishment in lawful possession of property to
4		allow a guest, client, lessee, customer, or visitor to use
5		cannabis on or in that property, including on any land owned in
6		whole or in part or managed in whole or in part by the State.
7		(Source: P.A. 101-27, eff. 6-25-19.)
8		(410 ILCS 705/10-35)
9		Sec. 10-35. Limitations and penalties.
10		(a) This Act does not permit any person to engage in, and
11		does not prevent the imposition of any civil, criminal, or
12		other penalties for engaging in, any of the following conduct:
13		(1) undertaking any task under the influence of
14		cannabis when doing so would constitute negligence,
15		professional malpractice, or professional misconduct;
16		(2) possessing cannabis:
17		(A) in a school bus, unless permitted for a
18		qualifying patient or caregiver pursuant to the
19		Compassionate Use of Medical Cannabis Pilot Program
20		Act;
21		(B) on the grounds of any preschool or primary or
22		secondary school, unless permitted for a qualifying
23		patient or caregiver pursuant to the Compassionate Use
24		of Medical Cannabis Pilot Program Act;
25		(C) in any correctional facility;

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1		(D) in a vehicle not open to the public unless the
2		cannabis is in a reasonably secured, sealed container
3		and reasonably inaccessible while the vehicle is
4		moving; or
5		(E) in a private residence that is used at any time
6		to provide licensed child care or other similar social
7		service care on the premises;
8		(3) using cannabis:
9		(A) in a school bus, unless permitted for a
10		qualifying patient or caregiver pursuant to the
11		Compassionate Use of Medical Cannabis Pilot Program
12		Act;
13		(B) on the grounds of any preschool or primary or
14		secondary school, unless permitted for a qualifying
15		patient or caregiver pursuant to the Compassionate Use
16		of Medical Cannabis Pilot Program Act;
17		(C) in any correctional facility;
18		(D) in any motor vehicle;
19		(E) in a private residence that is used at any time
20		to provide licensed child care or other similar social
21		service care on the premises;
22		(F) in any public place; or
23		(G) knowingly in close physical proximity to
24		anyone under 21 years of age who is not a registered
25		medical cannabis patient under the Compassionate Use
26		of Medical Cannabis Pilot Program Act;

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1		(4) smoking cannabis in any place where smoking is
2		prohibited under the Smoke Free Illinois Act;
3		(5) operating, navigating, or being in actual physical
4		control of any motor vehicle, aircraft, watercraft, or
5		snowmobile while using or under the influence of cannabis
6		in violation of Section 11-501 or 11-502.1 of the Illinois
7		Vehicle Code, Section 5-16 of the Boat Registration and
8		Safety Act, or Section 5-7 of the Snowmobile Registration
9		and Safety Act or motorboat while using or under the
10		influence of cannabis in violation of Section 11-501 or
11		11-502.1 of the Illinois Vehicle Code;
12		(6) facilitating the use of cannabis by any person who
13		is not allowed to use cannabis under this Act or the
14		Compassionate Use of Medical Cannabis Pilot Program Act;
15		(7) transferring cannabis to any person contrary to
16		this Act or the Compassionate Use of Medical Cannabis Pilot
17		Program Act;
18		(8) the use of cannabis by a law enforcement officer,
19		corrections officer, probation officer, or firefighter
20		while on duty; nothing in this Act prevents a public
21		employer of law enforcement officers, corrections
22		officers, probation officers, paramedics, or firefighters
23		from prohibiting or taking disciplinary action for the
24		consumption, possession, sales, purchase, or delivery of
25		cannabis or cannabis-infused substances while on or off
26		duty, unless provided for in the employer's policies.

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1		However, an employer may not take adverse employment action
2		against an employee based solely on the lawful possession
3		or consumption of cannabis or cannabis-infused substances
4		by members of the employee's household. To the extent that
5		this Section conflicts with any applicable collective
6		bargaining agreement, the provisions of the collective
7		bargaining agreement shall prevail. Further, nothing in
8		this Act shall be construed to limit in any way the right
9		to collectively bargain over the subject matters contained
10		in this Act; or
11		(9) the use of cannabis by a person who has a school
12		bus permit or a Commercial Driver's License while on duty.
13		As used in this Section, "public place" means any place
14		where a person could reasonably be expected to be observed by
15		others. "Public place" includes all parts of buildings owned in
16		whole or in part, or leased, by the State or a unit of local
17		government. "Public place" includes all areas in a park,
18		recreation area, wildlife area, or playground owned in whole or
19		in part, leased, or managed by the State or a unit of local
20		government. "Public place" does not include a private residence
21		unless the private residence is used to provide licensed child
22		care, foster care, or other similar social service care on the
23		premises.
24		(b) Nothing in this Act shall be construed to prevent the
25		arrest or prosecution of a person for reckless driving or
26		driving under the influence of cannabis, operating a watercraft

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1		under the influence of cannabis, or operating a snowmobile
2		under the influence of cannabis if probable cause exists.
3		(c) Nothing in this Act shall prevent a private business
4		from restricting or prohibiting the use of cannabis on its
5		property, including areas where motor vehicles are parked.
6		(d) Nothing in this Act shall require an individual or
7		business entity to violate the provisions of federal law,
8		including colleges or universities that must abide by the
9		Drug-Free Schools and Communities Act Amendments of 1989, that
10		require campuses to be drug free.
11		(Source: P.A. 101-27, eff. 6-25-19.)
12		(410 ILCS 705/10-40)
13		Sec. 10-40. Restore, Reinvest, and Renew Program.
14		(a) The General Assembly finds that in order to address the
15		disparities described below, aggressive approaches and
16		targeted resources to support local design and control of
17		community-based responses to these outcomes are required. To
18		carry out this intent, the Restore, Reinvest, and Renew (R3)
19		Program is created for the following purposes:
20		(1) to directly address the impact of economic
21		disinvestment, violence, and the historical overuse of
22		criminal justice responses to community and individual
23		needs by providing resources to support local design and
24		control of community-based responses to these impacts;
25		(2) to substantially reduce both the total amount of

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1		gun violence and concentrated poverty in this State;
2		(3) to protect communities from gun violence through
3		targeted investments and intervention programs, including
4		economic growth and improving family violence prevention,
5		community trauma treatment rates, gun injury victim
6		services, and public health prevention activities;
7		(4) to promote employment infrastructure and capacity
8		building related to the social determinants of health in
9		the eligible community areas.
10		(b) In this Section, "Authority" means the Illinois
11		Criminal Justice Information Authority in coordination with
12		the Justice, Equity, and Opportunity Initiative of the
13		Lieutenant Governor's Office.
14		(c) Eligibility of R3 Areas. Within 180 days after the
15		effective date of this Act, the Authority shall identify as
16		eligible, areas in this State by way of historically recognized
17		geographic boundaries, to be designated by the Restore,
18		Reinvest, and Renew Program Board as R3 Areas and therefore
19		eligible to apply for R3 funding. Local groups within R3 Areas
20		will be eligible to apply for State funding through the
21		Restore, Reinvest, and Renew Program Board. Qualifications for
22		designation as an R3 Area are as follows:
23		(1) Based on an analysis of data, communities in this
24		State that are high need, underserved, disproportionately
25		impacted by historical economic disinvestment, and ravaged
26		by violence as indicated by the highest rates of gun

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1		injury, unemployment, child poverty rates, and commitments
2		to and returns from the Illinois Department of Corrections.
3		(2) The Authority shall send to the Legislative Audit
4		Commission and make publicly available its analysis and
5		identification of eligible R3 Areas and shall recalculate
6		the he eligibility data every 4 years. On an annual basis,
7		the Authority shall analyze data and indicate if data
8		covering any R3 Area or portion of an Area has, for 4
9		consecutive years, substantially deviated from the average
10		of statewide data on which the original calculation was
11		made to determine the Areas, including disinvestment,
12		violence, gun injury, unemployment, child poverty rates,
13		or commitments to or returns from the Illinois Department
14		of Corrections.
15		(d) The Restore, Reinvest, and Renew Program Board shall
16		encourage collaborative partnerships within each R3 Area to
17		minimize multiple partnerships per Area.
18		(e) The Restore, Reinvest, and Renew Program Board is
19		created and shall reflect the diversity of the State of
20		Illinois, including geographic, racial, and ethnic diversity.
21		Using the data provided by the Authority, the Restore,
22		Reinvest, and Renew Program Board shall be responsible for
23		designating the R3 Area boundaries and for the selection and
24		oversight of R3 Area grantees. The Restore, Reinvest, and Renew
25		Program Board ex officio members shall, within 4 months after
26		the effective date of this Act, convene the Board to appoint a

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1		full Restore, Reinvest, and Renew Program Board and oversee,
2		provide guidance to, and develop an administrative structure
3		for the R3 Program.
4		(1) The ex officio members are:
5		(A) The Lieutenant Governor, or his or her
6		designee, who shall serve as chair.
7		(B) The Attorney General, or his or her
8		designee.
9		(C) The Director of Commerce and Economic
10		Opportunity, or his or her designee.
11		(D) The Director of Public Health, or his or
12		her designee.
13		(E) The Director of Corrections, or his or her
14		designee.
15		(F) The Director of Juvenile Justice, or his or
16		her designee.
17		(G) The Director of Children and Family
18		Services, or his or her designee.
19		(H) (F) The Executive Director of the Illinois
20		Criminal Justice Information Authority, or his or
21		her designee.
22		(I) (G) The Director of Employment Security,
23		or his or her designee.
24		(J) (H) The Secretary of Human Services, or his
25		or her designee.
26		(K) (I) A member of the Senate, designated by

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1		the President of the Senate.
2		(L) (J) A member of the House of
3		Representatives, designated by the Speaker of the
4		House of Representatives.
5		(M) (K) A member of the Senate, designated by
6		the Minority Leader of the Senate.
7		(N) (L) A member of the House of
8		Representatives, designated by the Minority Leader
9		of the House of Representatives.
10		(2) Within 90 days after the R3 Areas have been
11		designated by the Restore, Reinvest, and Renew Program
12		Board, the following members shall be appointed to the
13		Board by the R3 board chair:
14		(A) Eight public officials of municipal geographic
15		jurisdictions in the State that include an R3 Area, or
16		their designees;
17		(B) Four 4 community-based providers or community
18		development organization representatives who provide
19		services to treat violence and address the social
20		determinants of health, or promote community
21		investment, including, but not limited to, services
22		such as job placement and training, educational
23		services, workforce development programming, and
24		wealth building. The community-based organization
25		representatives shall work primarily in jurisdictions
26		that include an R3 Area and no more than 2

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1		representatives shall work primarily in Cook County.
2		At least one of the community-based providers shall
3		have expertise in providing services to an immigrant
4		population;
5		(C) Two experts in the field of violence reduction;
6		(D) One male who has previously been incarcerated
7		and is over the age of 24 at the time of appointment;
8		(E) One female who has previously been
9		incarcerated and is over the age of 24 at the time of
10		appointment;
11		(F) Two individuals who have previously been
12		incarcerated and are between the ages of 17 and 24 at
13		the time of appointment.
14		As used in this paragraph (2), "an individual who has
15		been previously incarcerated" means a person who has been
16		convicted of or pled guilty to one or more felonies, who
17		was sentenced to a term of imprisonment, and who has
18		completed his or her sentence. Board members shall serve
19		without compensation and may be reimbursed for reasonable
20		expenses incurred in the performance of their duties from
21		funds appropriated for that purpose. Once all its members
22		have been appointed as outlined in items (A) through (F) of
23		this paragraph (2), the Board may exercise any power,
24		perform any function, take any action, or do anything in
25		furtherance of its purposes and goals upon the appointment
26		of a quorum of its members. The Board terms of the non-ex

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1		officio and General Assembly Board members shall end 4
2		years from the date of appointment.
3		(f) Within 12 months after the effective date of this Act,
4		the Board shall:
5		(1) develop a process to solicit applications from
6		eligible R3 Areas;
7		(2) develop a standard template for both planning and
8		implementation activities to be submitted by R3 Areas to
9		the State;
10		(3) identify resources sufficient to support the full
11		administration and evaluation of the R3 Program, including
12		building and sustaining core program capacity at the
13		community and State levels;
14		(4) review R3 Area grant applications and proposed
15		agreements and approve the distribution of resources;
16		(5) develop a performance measurement system that
17		focuses on positive outcomes;
18		(6) develop a process to support ongoing monitoring and
19		evaluation of R3 programs; and
20		(7) deliver an annual report to the General Assembly
21		and to the Governor to be posted on the Governor's Office
22		and General Assembly websites and provide to the public an
23		annual report on its progress.
24		(g) R3 Area grants.
25		(1) Grant funds shall be awarded by the Illinois
26		Criminal Justice Information Authority, in coordination

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1		with the R3 board, based on the likelihood that the plan
2		will achieve the outcomes outlined in subsection (a) and
3		consistent with the requirements of the Grant
4		Accountability and Transparency Act. The R3 Program shall
5		also facilitate the provision of training and technical
6		assistance for capacity building within and among R3 Areas.
7		(2) R3 Program Board grants shall be used to address
8		economic development, violence prevention services,
9		re-entry services, youth development, and civil legal aid.
10		(3) The Restore, Reinvest, and Renew Program Board and
11		the R3 Area grantees shall, within a period of no more than
12		120 days from the completion of planning activities
13		described in this Section, finalize an agreement on the
14		plan for implementation. Implementation activities may:
15		(A) have a basis in evidence or best practice
16		research or have evaluations demonstrating the
17		capacity to address the purpose of the program in
18		subsection (a);
19		(B) collect data from the inception of planning
20		activities through implementation, with data
21		collection technical assistance when needed, including
22		cost data and data related to identified meaningful
23		short-term, mid-term, and long-term goals and metrics;
24		(C) report data to the Restore, Reinvest, and Renew
25		Program Board biannually; and
26		(D) report information as requested by the R3

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1		Program Board.
2		(Source: P.A. 101-27, eff. 6-25-19.)
3		(410 ILCS 705/10-50)
4		Sec. 10-50. Employment; employer liability.
5		(a) Nothing in this Act shall prohibit an employer from
6		adopting reasonable zero tolerance or drug free workplace
7		policies, or employment policies concerning drug testing,
8		smoking, consumption, storage, or use of cannabis in the
9		workplace or while on call provided that the policy is applied
10		in a nondiscriminatory manner.
11		(b) Nothing in this Act shall require an employer to permit
12		an employee to be under the influence of or use cannabis in the
13		employer's workplace or while performing the employee's job
14		duties or while on call.
15		(c) Nothing in this Act shall limit or prevent an employer
16		from disciplining an employee or terminating employment of an
17		employee for violating an employer's employment policies or
18		workplace drug policy.
19		(d) An employer may consider an employee to be impaired or
20		under the influence of cannabis if the employer has a good
21		faith belief that an employee manifests specific, articulable
22		symptoms while working that decrease or lessen the employee's
23		performance of the duties or tasks of the employee's job
24		position, including symptoms of the employee's speech,
25		physical dexterity, agility, coordination, demeanor,

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1		irrational or unusual behavior, or negligence or carelessness
2		in operating equipment or machinery; disregard for the safety
3		of the employee or others, or involvement in any accident that
4		results in serious damage to equipment or property; disruption
5		of a production or manufacturing process; or carelessness that
6		results in any injury to the employee or others. If an employer
7		elects to discipline an employee on the basis that the employee
8		is under the influence or impaired by cannabis, the employer
9		must afford the employee a reasonable opportunity to contest
10		the basis of the determination.
11		(e) Nothing in this Act shall be construed to create or
12		imply a cause of action for any person against an employer for:
13		(1) actions taken pursuant to an employer's reasonable
14		workplace drug policy, including but not limited to
15		subjecting an employee or applicant to reasonable drug and
16		alcohol testing, reasonable and nondiscriminatory random
17		drug testing, and discipline, termination of employment,
18		or withdrawal of a job offer due to a failure of a drug
19		test; , including but not limited to subjecting an employee
20		or applicant to reasonable drug and alcohol testing under
21		the employer's workplace drug policy, including an
22		employee's refusal to be tested or to cooperate in testing
23		procedures or disciplining or termination of employment,
24		(2) actions based on the employer's good faith belief
25		that an employee used or possessed cannabis in the
26		employer's workplace or while performing the employee's

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1		job duties or while on call in violation of the employer's
2		employment policies;
3		(3) (2) actions, including discipline or termination
4		of employment, based on the employer's good faith belief
5		that an employee was impaired as a result of the use of
6		cannabis, or under the influence of cannabis, while at the
7		employer's workplace or while performing the employee's
8		job duties or while on call in violation of the employer's
9		workplace drug policy; or
10		(4) (3) injury, loss, or liability to a third party if
11		the employer neither knew nor had reason to know that the
12		employee was impaired.
13		(f) Nothing in this Act shall be construed to enhance or
14		diminish protections afforded by any other law, including but
15		not limited to the Compassionate Use of Medical Cannabis Pilot
16		Program Act or the Opioid Alternative Pilot Program.
17		(g) Nothing in this Act shall be construed to interfere
18		with any federal, State, or local restrictions on employment
19		including, but not limited to, the United States Department of
20		Transportation regulation 49 CFR 40.151(e) or impact an
21		employer's ability to comply with federal or State law or cause
22		it to lose a federal or State contract or funding.
23		(h) As used in this Section, "workplace" means the
24		employer's premises, including any building, real property,
25		and parking area under the control of the employer or area used
26		by an employee while in the performance of the employee's job

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1		duties, and vehicles, whether leased, rented, or owned.
2		"Workplace" may be further defined by the employer's written
3		employment policy, provided that the policy is consistent with
4		this Section.
5		(i) For purposes of this Section, an employee is deemed "on
6		call" when such employee is scheduled with at least 24 hours'
7		notice by his or her employer to be on standby or otherwise
8		responsible for performing tasks related to his or her
9		employment either at the employer's premises or other
10		previously designated location by his or her employer or
11		supervisor to perform a work-related task.
12		(Source: P.A. 101-27, eff. 6-25-19.)
13		(410 ILCS 705/15-15)
14		Sec. 15-15. Early Approval Adult Use Dispensing
15		Organization License.
16		(a) Any medical cannabis dispensing organization holding a
17		valid registration under the Compassionate Use of Medical
18		Cannabis Pilot Program Act as of the effective date of this Act
19		may, within 60 days of the effective date of this Act, apply to
20		the Department for an Early Approval Adult Use Dispensing
21		Organization License to serve purchasers at any medical
22		cannabis dispensing location in operation on the effective date
23		of this Act, pursuant to this Section.
24		(b) A medical cannabis dispensing organization seeking
25		issuance of an Early Approval Adult Use Dispensing Organization

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1		License to serve purchasers at any medical cannabis dispensing
2		location in operation as of the effective date of this Act
3		shall submit an application on forms provided by the
4		Department. The application must be submitted by the same
5		person or entity that holds the medical cannabis dispensing
6		organization registration and include the following:
7		(1) Payment of a nonrefundable fee of $30,000 to be
8		deposited into the Cannabis Regulation Fund;
9		(2) Proof of registration as a medical cannabis
10		dispensing organization that is in good standing;
11		(3) Certification that the applicant will comply with
12		the requirements contained in the Compassionate Use of
13		Medical Cannabis Pilot Program Act except as provided in
14		this Act;
15		(4) The legal name of the dispensing organization;
16		(5) The physical address of the dispensing
17		organization;
18		(6) The name, address, social security number, and date
19		of birth of each principal officer and board member of the
20		dispensing organization, each of whom must be at least 21
21		years of age;
22		(7) A nonrefundable Cannabis Business Development Fee
23		equal to 3% of the dispensing organization's total sales
24		between June 1, 2018 to June 1, 2019, or $100,000,
25		whichever is less, to be deposited into the Cannabis
26		Business Development Fund; and

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1		(8) Identification of one of the following Social
2		Equity Inclusion Plans to be completed by March 31, 2021:
3		(A) Make a contribution of 3% of total sales from
4		June 1, 2018 to June 1, 2019, or $100,000, whichever is
5		less, to the Cannabis Business Development Fund. This
6		is in addition to the fee required by item (7) of this
7		subsection (b);
8		(B) Make a grant of 3% of total sales from June 1,
9		2018 to June 1, 2019, or $100,000, whichever is less,
10		to a cannabis industry training or education program at
11		an Illinois community college as defined in the Public
12		Community College Act;
13		(C) Make a donation of $100,000 or more to a
14		program that provides job training services to persons
15		recently incarcerated or that operates in a
16		Disproportionately Impacted Area;
17		(D) Participate as a host in a cannabis business
18		establishment incubator program approved by the
19		Department of Commerce and Economic Opportunity, and
20		in which an Early Approval Adult Use Dispensing
21		Organization License holder agrees to provide a loan of
22		at least $100,000 and mentorship to incubate, for at
23		least a year, a Social Equity Applicant intending to
24		seek a license or a licensee that qualifies as a Social
25		Equity Applicant for at least a year. As used in this
26		Section, "incubate" means providing direct financial

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1		assistance and training necessary to engage in
2		licensed cannabis industry activity similar to that of
3		the host licensee. The Early Approval Adult Use
4		Dispensing Organization License holder or the same
5		entity holding any other licenses issued pursuant to
6		this Act shall not take an ownership stake of greater
7		than 10% in any business receiving incubation services
8		to comply with this subsection. If an Early Approval
9		Adult Use Dispensing Organization License holder fails
10		to find a business to incubate to comply with this
11		subsection before its Early Approval Adult Use
12		Dispensing Organization License expires, it may opt to
13		meet the requirement of this subsection by completing
14		another item from this subsection; or
15		(E) Participate in a sponsorship program for at
16		least 2 years approved by the Department of Commerce
17		and Economic Opportunity in which an Early Approval
18		Adult Use Dispensing Organization License holder
19		agrees to provide an interest-free loan of at least
20		$200,000 to a Social Equity Applicant. The sponsor
21		shall not take an ownership stake in any cannabis
22		business establishment receiving sponsorship services
23		to comply with this subsection.
24		(c) The license fee required by paragraph (1) of subsection
25		(b) of this Section shall be in addition to any license fee
26		required for the renewal of a registered medical cannabis

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1		dispensing organization license.
2		(d) Applicants must submit all required information,
3		including the requirements in subsection (b) of this Section,
4		to the Department. Failure by an applicant to submit all
5		required information may result in the application being
6		disqualified.
7		(e) If the Department receives an application that fails to
8		provide the required elements contained in subsection (b), the
9		Department shall issue a deficiency notice to the applicant.
10		The applicant shall have 10 calendar days from the date of the
11		deficiency notice to submit complete information. Applications
12		that are still incomplete after this opportunity to cure may be
13		disqualified.
14		(f) If an applicant meets all the requirements of
15		subsection (b) of this Section, the Department shall issue the
16		Early Approval Adult Use Dispensing Organization License
17		within 14 days of receiving a completed application unless:
18		(1) The licensee or a principal officer is delinquent
19		in filing any required tax returns or paying any amounts
20		owed to the State of Illinois;
21		(2) The Secretary of Financial and Professional
22		Regulation determines there is reason, based on documented
23		compliance violations, the licensee is not entitled to an
24		Early Approval Adult Use Dispensing Organization License;
25		or
26		(3) Any principal officer fails to register and remain

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1		in compliance with this Act or the Compassionate Use of
2		Medical Cannabis Pilot Program Act.
3		(g) A registered medical cannabis dispensing organization
4		that obtains an Early Approval Adult Use Dispensing
5		Organization License may begin selling cannabis,
6		cannabis-infused products, paraphernalia, and related items to
7		purchasers under the rules of this Act no sooner than January
8		1, 2020.
9		(h) A dispensing organization holding a medical cannabis
10		dispensing organization license issued under the Compassionate
11		Use of Medical Cannabis Pilot Program Act must maintain an
12		adequate supply of cannabis and cannabis-infused products for
13		purchase by qualifying patients, caregivers, provisional
14		patients, and Opioid Alternative Pilot Program participants.
15		For the purposes of this subsection, "adequate supply" means a
16		monthly inventory level that is comparable in type and quantity
17		to those medical cannabis products provided to patients and
18		caregivers on an average monthly basis for the 6 months before
19		the effective date of this Act.
20		(i) If there is a shortage of cannabis or cannabis-infused
21		products, a dispensing organization holding both a dispensing
22		organization license under the Compassionate Use of Medical
23		Cannabis Pilot Program Act and this Act shall prioritize
24		serving qualifying patients, caregivers, provisional patients,
25		and Opioid Alternative Pilot Program participants before
26		serving purchasers.

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1		(j) Notwithstanding any law or rule to the contrary, a
2		person that holds a medical cannabis dispensing organization
3		license issued under the Compassionate Use of Medical Cannabis
4		Pilot Program Act and an Early Approval Adult Use Dispensing
5		Organization License may permit purchasers into a limited
6		access area as that term is defined in administrative rules
7		made under the authority in the Compassionate Use of Medical
8		Cannabis Pilot Program Act.
9		(k) An Early Approval Adult Use Dispensing Organization
10		License is valid until March 31, 2021. A dispensing
11		organization that obtains an Early Approval Adult Use
12		Dispensing Organization License shall receive written or
13		electronic notice 90 days before the expiration of the license
14		that the license will expire, and that informs inform the
15		license holder that it may apply to renew its Early Approval
16		Adult Use Dispensing Organization License on forms provided by
17		the Department. The Department shall renew the Early Approval
18		Adult Use Dispensing Organization License within 60 days of the
19		renewal application being deemed complete if:
20		(1) the dispensing organization submits an application
21		and the required nonrefundable renewal fee of $30,000, to
22		be deposited into the Cannabis Regulation Fund;
23		(2) the Department has not suspended or permanently
24		revoked the Early Approval Adult Use Dispensing
25		Organization License or a medical cannabis dispensing
26		organization license on the same premises for violations of

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1		this Act, the Compassionate Use of Medical Cannabis Pilot
2		Program Act, or rules adopted pursuant to those Acts; and
3		(3) the dispensing organization has completed a Social
4		Equity Inclusion Plan as provided required by parts (A),
5		(B), and (C) of paragraph (8) of subsection (b) of this
6		Section or has made substantial progress toward completing
7		a Social Equity Inclusion Plan as provided by parts (D) and
8		(E) of paragraph (8) of subsection (b) of this Section; and
9		(4) the dispensing organization is in compliance with
10		this Act and rules.
11		(l) The Early Approval Adult Use Dispensing Organization
12		License renewed pursuant to subsection (k) of this Section
13		shall expire March 31, 2022. The Early Approval Adult Use
14		Dispensing Organization Licensee shall receive written or
15		electronic notice 90 days before the expiration of the license
16		that the license will expire, and that informs inform the
17		license holder that it may apply for an Adult Use Dispensing
18		Organization License on forms provided by the Department. The
19		Department shall grant an Adult Use Dispensing Organization
20		License within 60 days of an application being deemed complete
21		if the applicant has met all of the criteria in Section 15-36.
22		(m) If a dispensing organization dispensary fails to submit
23		an application for renewal of an Early Approval Adult Use
24		Dispensing Organization License or for an Adult Use Dispensing
25		Organization License before the expiration dates provided in
26		subsections (k) and (l) of the Early Approval Adult Use

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1		Dispensing Organization License pursuant to subsection (k) of
2		this Section, the dispensing organization shall cease serving
3		purchasers and cease all operations until it receives a renewal
4		or an Adult Use Dispensing Organization License, as the case
5		may be.
6		(n) A dispensing organization agent who holds a valid
7		dispensing organization agent identification card issued under
8		the Compassionate Use of Medical Cannabis Pilot Program Act and
9		is an officer, director, manager, or employee of the dispensing
10		organization licensed under this Section may engage in all
11		activities authorized by this Article to be performed by a
12		dispensing organization agent.
13		(o) If the Department suspends, permanently revokes, or
14		otherwise disciplines the Early Approval Adult Use Dispensing
15		Organization License of a dispensing organization that also
16		holds a medical cannabis dispensing organization license
17		issued under the Compassionate Use of Medical Cannabis Program
18		Act, the Department may consider the suspension, permanent
19		revocation, or other discipline of the medical cannabis
20		dispensing organization license.
21		(p) (o) All fees collected pursuant to this Section shall
22		be deposited into the Cannabis Regulation Fund, unless
23		otherwise specified.
24		(Source: P.A. 101-27, eff. 6-25-19.)
25		(410 ILCS 705/15-20)

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1		Sec. 15-20. Early Approval Adult Use Dispensing
2		Organization License; secondary site.
3		(a) If the Department suspends or revokes the Early
4		Approval Adult Use Dispensing Organization License of a
5		dispensing organization that also holds a medical cannabis
6		dispensing organization license issued under the Compassionate
7		Use of Medical Cannabis Pilot Program Act, the Department may
8		consider the suspension or revocation as grounds to take
9		disciplinary action against the medical cannabis dispensing
10		organization license.
11		(a-5) If, within 360 days of the effective date of this
12		Act, a dispensing organization is unable to find a location
13		within the BLS Regions prescribed in subsection (a) of this
14		Section in which to operate an Early Approval Adult Use
15		Dispensing Organization at a secondary site because no
16		jurisdiction within the prescribed area allows the operation of
17		an Adult Use Cannabis Dispensing Organization, the Department
18		of Financial and Professional Regulation may waive the
19		geographic restrictions of subsection (a) of this Section and
20		specify another BLS Region into which the dispensary may be
21		placed.
22		(a) (b) Any medical cannabis dispensing organization
23		holding a valid registration under the Compassionate Use of
24		Medical Cannabis Pilot Program Act as of the effective date of
25		this Act may, within 60 days of the effective date of this Act,
26		apply to the Department for an Early Approval Adult Use

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1		Dispensing Organization License to operate a dispensing
2		organization to serve purchasers at a secondary site not within
3		1,500 feet of another medical cannabis dispensing organization
4		or adult use dispensing organization. The Early Approval Adult
5		Use Dispensing Organization secondary site shall be within any
6		BLS Region region that shares territory with the dispensing
7		organization district to which the medical cannabis dispensing
8		organization is assigned under the administrative rules for
9		dispensing organizations under the Compassionate Use of
10		Medical Cannabis Pilot Program Act.
11		(a-5) If, within 360 days of the effective date of this
12		Act, a dispensing organization is unable to find a location
13		within the BLS Regions prescribed in subsection (a) of this
14		Section in which to operate an Early Approval Adult Use
15		Dispensing Organization at a secondary site because no
16		jurisdiction within the prescribed area allows the operation of
17		an Adult Use Cannabis Dispensing Organization, the Department
18		of Financial and Professional Regulation may waive the
19		geographic restrictions of subsection (a) of this Section and
20		specify another BLS Region into which the dispensary may be
21		placed.
22		(b) (Blank).
23		(c) A medical cannabis dispensing organization seeking
24		issuance of an Early Approval Adult Use Dispensing Organization
25		License at a secondary site to serve purchasers at a secondary
26		site as prescribed in subsection (a) (b) of this Section shall

SB1557 Enrolled - 180 - LRB101 08168 SMS 53234 b
1		submit an application on forms provided by the Department. The
2		application must meet or include the following qualifications:
3		(1) a payment of a nonrefundable application fee of
4		$30,000;
5		(2) proof of registration as a medical cannabis
6		dispensing organization that is in good standing;
7		(3) submission of the application by the same person or
8		entity that holds the medical cannabis dispensing
9		organization registration;
10		(4) the legal name of the medical cannabis dispensing
11		organization;
12		(5) the physical address of the medical cannabis
13		dispensing organization and the proposed physical address
14		of the secondary site;
15		(6) a copy of the current local zoning ordinance
16		Sections relevant to dispensary operations and
17		documentation of the approval, the conditional approval or
18		the status of a request for zoning approval from the local
19		zoning office that the proposed dispensary location is in
20		compliance with the local zoning rules;
21		(7) a plot plan of the dispensary drawn to scale. The
22		applicant shall submit general specifications of the
23		building exterior and interior layout;
24		(8) a statement that the dispensing organization
25		agrees to respond to the Department's supplemental
26		requests for information;

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1		(9) for the building or land to be used as the proposed
2		dispensary:
3		(A) if the property is not owned by the applicant,
4		a written statement from the property owner and
5		landlord, if any, certifying consent that the
6		applicant may operate a dispensary on the premises; or
7		(B) if the property is owned by the applicant,
8		confirmation of ownership;
9		(10) a copy of the proposed operating bylaws;
10		(11) a copy of the proposed business plan that complies
11		with the requirements in this Act, including, at a minimum,
12		the following:
13		(A) a description of services to be offered; and
14		(B) a description of the process of dispensing
15		cannabis;
16		(12) a copy of the proposed security plan that complies
17		with the requirements in this Article, including:
18		(A) a description of the delivery process by which
19		cannabis will be received from a transporting
20		organization, including receipt of manifests and
21		protocols that will be used to avoid diversion, theft,
22		or loss at the dispensary acceptance point; and
23		(B) the process or controls that will be
24		implemented to monitor the dispensary, secure the
25		premises, agents, patients, and currency, and prevent
26		the diversion, theft, or loss of cannabis; and

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1		(C) the process to ensure that access to the
2		restricted access areas is restricted to, registered
3		agents, service professionals, transporting
4		organization agents, Department inspectors, and
5		security personnel;
6		(13) a proposed inventory control plan that complies
7		with this Section;
8		(14) the name, address, social security number, and
9		date of birth of each principal officer and board member of
10		the dispensing organization; each of those individuals
11		shall be at least 21 years of age;
12		(15) a nonrefundable Cannabis Business Development Fee
13		equal to $200,000, to be deposited into the Cannabis
14		Business Development Fund; and
15		(16) a commitment to completing one of the following
16		Social Equity Inclusion Plans in subsection (d).
17		(d) Before receiving an Early Approval Adult Use Dispensing
18		Organization License at a secondary site, a dispensing
19		organization shall indicate the Social Equity Inclusion Plan
20		that the applicant plans to achieve before the expiration of
21		the Early Approval Adult Use Dispensing Organization License
22		from the list below:
23		(1) make a contribution of 3% of total sales from June
24		1, 2018 to June 1, 2019, or $100,000, whichever is less, to
25		the Cannabis Business Development Fund. This is in addition
26		to the fee required by paragraph (16) of subsection (c) of

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1		this Section;
2		(2) make a grant of 3% of total sales from June 1, 2018
3		to June 1, 2019, or $100,000, whichever is less, to a
4		cannabis industry training or education program at an
5		Illinois community college as defined in the Public
6		Community College Act;
7		(3) make a donation of $100,000 or more to a program
8		that provides job training services to persons recently
9		incarcerated or that operates in a Disproportionately
10		Impacted Area;
11		(4) participate as a host in a cannabis business
12		establishment incubator program approved by the Department
13		of Commerce and Economic Opportunity, and in which an Early
14		Approval Adult Use Dispensing Organization License at a
15		secondary site holder agrees to provide a loan of at least
16		$100,000 and mentorship to incubate, for at least a year, a
17		Social Equity Applicant intending to seek a license or a
18		licensee that qualifies as a Social Equity Applicant for at
19		least a year. In this paragraph (4), "incubate" means
20		providing direct financial assistance and training
21		necessary to engage in licensed cannabis industry activity
22		similar to that of the host licensee. The Early Approval
23		Adult Use Dispensing Organization License holder or the
24		same entity holding any other licenses issued under this
25		Act shall not take an ownership stake of greater than 10%
26		in any business receiving incubation services to comply

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1		with this subsection. If an Early Approval Adult Use
2		Dispensing Organization License at a secondary site holder
3		fails to find a business to incubate in order to comply
4		with this subsection before its Early Approval Adult Use
5		Dispensing Organization License at a secondary site
6		expires, it may opt to meet the requirement of this
7		subsection by completing another item from this subsection
8		before the expiration of its Early Approval Adult Use
9		Dispensing Organization License at a secondary site to
10		avoid a penalty; or
11		(5) participate in a sponsorship program for at least 2
12		years approved by the Department of Commerce and Economic
13		Opportunity in which an Early Approval Adult Use Dispensing
14		Organization License at a secondary site holder agrees to
15		provide an interest-free loan of at least $200,000 to a
16		Social Equity Applicant. The sponsor shall not take an
17		ownership stake of greater than 10% in any business
18		receiving sponsorship services to comply with this
19		subsection.
20		(e) The license fee required by paragraph (1) of subsection
21		(c) of this Section is in addition to any license fee required
22		for the renewal of a registered medical cannabis dispensing
23		organization license.
24		(f) Applicants must submit all required information,
25		including the requirements in subsection (c) of this Section,
26		to the Department. Failure by an applicant to submit all

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1		required information may result in the application being
2		disqualified. Principal officers shall not be required to
3		submit to the fingerprint and background check requirements of
4		Section 5-20.
5		(g) If the Department receives an application that fails to
6		provide the required elements contained in subsection (c), the
7		Department shall issue a deficiency notice to the applicant.
8		The applicant shall have 10 calendar days from the date of the
9		deficiency notice to submit complete information. Applications
10		that are still incomplete after this opportunity to cure may be
11		disqualified.
12		(h) Once all required information and documents have been
13		submitted, the Department will review the application. The
14		Department may request revisions and retains final approval
15		over dispensary features. Once the application is complete and
16		meets the Department's approval, the Department shall
17		conditionally approve the license. Final approval is
18		contingent on the build-out and Department inspection.
19		(i) Upon submission of the Early Approval Adult Use
20		Dispensing Organization at a secondary site application, the
21		applicant shall request an inspection and the Department may
22		inspect the Early Approval Adult Use Dispensing Organization's
23		secondary site to confirm compliance with the application and
24		this Act.
25		(j) The Department shall only issue an Early Approval Adult
26		Use Dispensing Organization License at a secondary site after

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1		the completion of a successful inspection.
2		(k) If an applicant passes the inspection under this
3		Section, the Department shall issue the Early Approval Adult
4		Use Dispensing Organization License at a secondary site within
5		10 business days unless:
6		(1) The licensee, any principal officer or board member
7		of the licensee, or any person having a financial or voting
8		interest of 5% or greater in the licensee ; principal
9		officer, board member, or person having a financial or
10		voting interest of 5% or greater in the licensee; or agent
11		is delinquent in filing any required tax returns or paying
12		any amounts owed to the State of Illinois; or
13		(2) The Secretary of Financial and Professional
14		Regulation determines there is reason, based on documented
15		compliance violations, the licensee is not entitled to an
16		Early Approval Adult Use Dispensing Organization License
17		at its secondary site.
18		(l) Once the Department has issued a license, the
19		dispensing organization shall notify the Department of the
20		proposed opening date.
21		(m) A registered medical cannabis dispensing organization
22		that obtains an Early Approval Adult Use Dispensing
23		Organization License at a secondary site may begin selling
24		cannabis, cannabis-infused products, paraphernalia, and
25		related items to purchasers under the rules of this Act no
26		sooner than January 1, 2020.

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1		(n) If there is a shortage of cannabis or cannabis-infused
2		products, a dispensing organization holding both a dispensing
3		organization license under the Compassionate Use of Medical
4		Cannabis Pilot Program Act and this Article shall prioritize
5		serving qualifying patients and caregivers before serving
6		purchasers.
7		(o) An Early Approval Adult Use Dispensing Organization
8		License at a secondary site is valid until March 31, 2021. A
9		dispensing organization that obtains an Early Approval Adult
10		Use Dispensing Organization License at a secondary site shall
11		receive written or electronic notice 90 days before the
12		expiration of the license that the license will expire, and
13		inform the license holder that it may renew its Early Approval
14		Adult Use Dispensing Organization License at a secondary site.
15		The Department shall renew an Early Approval Adult Use
16		Dispensing Organization License at a secondary site within 60
17		days of submission of the renewal application being deemed
18		complete if:
19		(1) the dispensing organization submits an application
20		and the required nonrefundable renewal fee of $30,000, to
21		be deposited into the Cannabis Regulation Fund;
22		(2) the Department has not suspended or permanently
23		revoked the Early Approval Adult Use Dispensing
24		Organization License or a medical cannabis dispensing
25		organization license held by the same person or entity for
26		violating this Act or rules adopted under this Act or the

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1		Compassionate Use of Medical Cannabis Pilot Program Act or
2		rules adopted under that Act; and
3		(3) the dispensing organization has completed a Social
4		Equity Inclusion Plan provided as required by paragraph
5		(1), (2), or (3) (16) of subsection (d) (c) of this Section
6		or has made substantial progress toward completing a Social
7		Equity Inclusion Plan provided by paragraph (4) or (5) of
8		subsection (d) of this Section.
9		(p) The Early Approval Adult Use Dispensing Organization
10		Licensee at a secondary site renewed pursuant to subsection (o)
11		shall receive written or electronic notice 90 days before the
12		expiration of the license that the license will expire, and
13		that informs inform the license holder that it may apply for an
14		Adult Use Dispensing Organization License on forms provided by
15		the Department. The Department shall grant an Adult Use
16		Dispensing Organization License within 60 days of an
17		application being deemed complete if the applicant has meet all
18		of the criteria in Section 15-36.
19		(q) If a dispensing organization fails to submit an
20		application for renewal of an Early Approval Adult Use
21		Dispensing Organization License or for an Adult Use Dispensing
22		Organization License before the expiration dates provided in
23		subsections (o) and (p) of this Section, the dispensing
24		organization shall cease serving purchasers until it receives a
25		renewal or an Adult Use Dispensing Organization License.
26		(r) A dispensing organization agent who holds a valid

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1		dispensing organization agent identification card issued under
2		the Compassionate Use of Medical Cannabis Pilot Program Act and
3		is an officer, director, manager, or employee of the dispensing
4		organization licensed under this Section may engage in all
5		activities authorized by this Article to be performed by a
6		dispensing organization agent.
7		(s) If the Department suspends, permanently revokes, or
8		otherwise disciplines the Early Approval Adult Use Dispensing
9		Organization License of a dispensing organization that also
10		holds a medical cannabis dispensing organization license
11		issued under the Compassionate Use of Medical Cannabis Program
12		Act, the Department may consider the suspension, permanent
13		revocation, or other discipline or revokes the Early Approval
14		Adult Use Dispensing Organization License of a dispensing
15		organization that also holds a medical cannabis dispensing
16		organization license issued under the Compassionate Use of
17		Medical Cannabis Pilot Program Act, the Department may consider
18		the suspension or revocation as grounds to take disciplinary
19		action against the medical cannabis dispensing organization.
20		(t) All fees collected pursuant to this Section shall be
21		deposited into the Cannabis Regulation Fund, unless otherwise
22		specified or fines collected from an Early Approval Adult Use
23		Dispensary Organization License at a secondary site holder as a
24		result of a disciplinary action in the enforcement of this Act
25		shall be deposited into the Cannabis Regulation Fund and be
26		appropriated to the Department for the ordinary and contingent

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1		expenses of the Department in the administration and
2		enforcement of this Section.
3		(Source: P.A. 101-27, eff. 6-25-19.)
4		(410 ILCS 705/15-25)
5		Sec. 15-25. Awarding of Conditional Adult Use Dispensing
6		Organization Licenses prior to January 1, 2021.
7		(a) The Department shall issue up to 75 Conditional Adult
8		Use Dispensing Organization Licenses before May 1, 2020.
9		(b) The Department shall make the application for a
10		Conditional Adult Use Dispensing Organization License
11		available no later than October 1, 2019 and shall accept
12		applications no later than January 1, 2020.
13		(c) To ensure the geographic dispersion of Conditional
14		Adult Use Dispensing Organization License holders, the
15		following number of licenses shall be awarded in each BLS
16		Region as determined by each region's percentage of the State's
17		population:
18		(1) Bloomington: 1
19		(2) Cape Girardeau: 1
20		(3) Carbondale-Marion: 1
21		(4) Champaign-Urbana: 1
22		(5) Chicago-Naperville-Elgin: 47
23		(6) Danville: 1
24		(7) Davenport-Moline-Rock Island: 1
25		(8) Decatur: 1

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1		(9) Kankakee: 1
2		(10) Peoria: 3
3		(11) Rockford: 2
4		(12) St. Louis: 4
5		(13) Springfield: 1
6		(14) Northwest Illinois nonmetropolitan: 3
7		(15) West Central Illinois nonmetropolitan: 3
8		(16) East Central Illinois nonmetropolitan: 2
9		(17) South Illinois nonmetropolitan: 2
10		(d) An applicant seeking issuance of a Conditional Adult
11		Use Dispensing Organization License shall submit an
12		application on forms provided by the Department. An applicant
13		must meet the following requirements:
14		(1) Payment of a nonrefundable application fee of
15		$5,000 for each license for which the applicant is
16		applying, which shall be deposited into the Cannabis
17		Regulation Fund;
18		(2) Certification that the applicant will comply with
19		the requirements contained in this Act;
20		(3) The legal name of the proposed dispensing
21		organization;
22		(4) A statement that the dispensing organization
23		agrees to respond to the Department's supplemental
24		requests for information;
25		(5) From each principal officer, a statement
26		indicating whether that person:

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1		(A) has previously held or currently holds an
2		ownership interest in a cannabis business
3		establishment in Illinois; or
4		(B) has held an ownership interest in a dispensing
5		organization or its equivalent in another state or
6		territory of the United States that had the dispensing
7		organization registration or license suspended,
8		revoked, placed on probationary status, or subjected
9		to other disciplinary action;
10		(6) Disclosure of whether any principal officer has
11		ever filed for bankruptcy or defaulted on spousal support
12		or child support obligation;
13		(7) A resume for each principal officer, including
14		whether that person has an academic degree, certification,
15		or relevant experience with a cannabis business
16		establishment or in a related industry;
17		(8) A description of the training and education that
18		will be provided to dispensing organization agents;
19		(9) A copy of the proposed operating bylaws;
20		(10) A copy of the proposed business plan that complies
21		with the requirements in this Act, including, at a minimum,
22		the following:
23		(A) A description of services to be offered; and
24		(B) A description of the process of dispensing
25		cannabis;
26		(11) A copy of the proposed security plan that complies

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1		with the requirements in this Article, including:
2		(A) The process or controls that will be
3		implemented to monitor the dispensary, secure the
4		premises, agents, and currency, and prevent the
5		diversion, theft, or loss of cannabis; and
6		(B) The process to ensure that access to the
7		restricted access areas is restricted to, registered
8		agents, service professionals, transporting
9		organization agents, Department inspectors, and
10		security personnel;
11		(12) A proposed inventory control plan that complies
12		with this Section;
13		(13) A proposed floor plan, a square footage estimate,
14		and a description of proposed security devices, including,
15		without limitation, cameras, motion detectors, servers,
16		video storage capabilities, and alarm service providers;
17		(14) The name, address, social security number, and
18		date of birth of each principal officer and board member of
19		the dispensing organization; each of those individuals
20		shall be at least 21 years of age;
21		(15) Evidence of the applicant's status as a Social
22		Equity Applicant, if applicable, and whether a Social
23		Equity Applicant plans to apply for a loan or grant issued
24		by the Department of Commerce and Economic Opportunity;
25		(16) The address, telephone number, and email address
26		of the applicant's principal place of business, if

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1		applicable. A post office box is not permitted;
2		(17) Written summaries of any information regarding
3		instances in which a business or not-for-profit that a
4		prospective board member previously managed or served on
5		were fined or censured, or any instances in which a
6		business or not-for-profit that a prospective board member
7		previously managed or served on had its registration
8		suspended or revoked in any administrative or judicial
9		proceeding;
10		(18) A plan for community engagement;
11		(19) Procedures to ensure accurate recordkeeping and
12		security measures that are in accordance with this Article
13		and Department rules;
14		(20) The estimated volume of cannabis it plans to store
15		at the dispensary;
16		(21) A description of the features that will provide
17		accessibility to purchasers as required by the Americans
18		with Disabilities Act;
19		(22) A detailed description of air treatment systems
20		that will be installed to reduce odors;
21		(23) A reasonable assurance that the issuance of a
22		license will not have a detrimental impact on the community
23		in which the applicant wishes to locate;
24		(24) The dated signature of each principal officer;
25		(25) A description of the enclosed, locked facility
26		where cannabis will be stored by the dispensing

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1		organization;
2		(26) Signed statements from each dispensing
3		organization agent stating that he or she will not divert
4		cannabis;
5		(27) The number of licenses it is applying for in each
6		BLS Region;
7		(28) A diversity plan that includes a narrative of at
8		least 2,500 words that establishes a goal of diversity in
9		ownership, management, employment, and contracting to
10		ensure that diverse participants and groups are afforded
11		equality of opportunity;
12		(29) A contract with a private security contractor that
13		is licensed under Section 10-5 of the Private Detective,
14		Private Alarm, Private Security, Fingerprint Vendor, and
15		Locksmith Act of 2004 in order for the dispensary to have
16		adequate security at its facility; and
17		(30) Other information deemed necessary by the
18		Illinois Cannabis Regulation Oversight Officer to conduct
19		the disparity and availability study referenced in
20		subsection (e) of Section 5-45.
21		(e) An applicant who receives a Conditional Adult Use
22		Dispensing Organization License under this Section has 180 days
23		from the date of award to identify a physical location for the
24		dispensing organization retail storefront. Before a
25		conditional licensee receives an authorization to build out the
26		dispensing organization from the Department, the Department

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1		shall inspect the physical space selected by the conditional
2		licensee. The Department shall verify the site is suitable for
3		public access, the layout promotes the safe dispensing of
4		cannabis, the location is sufficient in size, power allocation,
5		lighting, parking, handicapped accessible parking spaces,
6		accessible entry and exits as required by the Americans with
7		Disabilities Act, product handling, and storage. The applicant
8		shall also provide a statement of reasonable assurance that the
9		issuance of a license will not have a detrimental impact on the
10		community. The applicant shall also provide evidence that the
11		location is not within 1,500 feet of an existing dispensing
12		organization. If an applicant is unable to find a suitable
13		physical address in the opinion of the Department within 180
14		days of the issuance of the Conditional Adult Use Dispensing
15		Organization License, the Department may extend the period for
16		finding a physical address another 180 days if the Conditional
17		Adult Use Dispensing Organization License holder demonstrates
18		concrete attempts to secure a location and a hardship. If the
19		Department denies the extension or the Conditional Adult Use
20		Dispensing Organization License holder is unable to find a
21		location or become operational within 360 days of being awarded
22		a conditional license, the Department shall rescind the
23		conditional license and award it to the next highest scoring
24		applicant in the BLS Region for which the license was assigned,
25		provided the applicant receiving the license: (i) confirms a
26		continued interest in operating a dispensing organization;

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1		(ii) can provide evidence that the applicant continues to meet
2		all requirements for holding a Conditional Adult Use Dispensing
3		Organization License set forth in this Act the financial
4		requirements provided in subsection (c) of this Section; and
5		(iii) has not otherwise become ineligible to be awarded a
6		dispensing organization license. If the new awardee is unable
7		to accept the Conditional Adult Use Dispensing Organization
8		License, the Department shall award the Conditional Adult Use
9		Dispensing Organization License to the next highest scoring
10		applicant in the same manner. The new awardee shall be subject
11		to the same required deadlines as provided in this subsection.
12		(e-5) If, within 180 days of being awarded a Conditional
13		Adult Use Dispensing Organization License license, a
14		dispensing organization is unable to find a location within the
15		BLS Region in which it was awarded a Conditional Adult Use
16		Dispensing Organization License license because no
17		jurisdiction within the BLS Region allows for the operation of
18		an Adult Use Dispensing Organization, the Department of
19		Financial and Professional Regulation may authorize the
20		Conditional Adult Use Dispensing Organization License holder
21		to transfer its license to a BLS Region specified by the
22		Department.
23		(f) A dispensing organization that is awarded a Conditional
24		Adult Use Dispensing Organization License pursuant to the
25		criteria in Section 15-30 shall not purchase, possess, sell, or
26		dispense cannabis or cannabis-infused products until the

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1		person has received an Adult Use Dispensing Organization
2		License issued by the Department pursuant to Section 15-36 of
3		this Act. The Department shall not issue an Adult Use
4		Dispensing Organization License until:
5		(1) the Department has inspected the dispensary site
6		and proposed operations and verified that they are in
7		compliance with this Act and local zoning laws; and
8		(2) the Conditional Adult Use Dispensing Organization
9		License holder has paid a registration fee of $60,000, or a
10		prorated amount accounting for the difference of time
11		between when the Adult Use Dispensing Organization License
12		is issued and March 31 of the next even-numbered year.
13		(g) The Department shall conduct a background check of the
14		prospective organization agents in order to carry out this
15		Article. The Department of State Police shall charge the
16		applicant a fee for conducting the criminal history record
17		check, which shall be deposited into the State Police Services
18		Fund and shall not exceed the actual cost of the record check.
19		Each person applying as a dispensing organization agent shall
20		submit a full set of fingerprints to the Department of State
21		Police for the purpose of obtaining a State and federal
22		criminal records check. These fingerprints shall be checked
23		against the fingerprint records now and hereafter, to the
24		extent allowed by law, filed in the Department of State Police
25		and Federal Bureau of Identification criminal history records
26		databases. The Department of State Police shall furnish,

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1		following positive identification, all Illinois conviction
2		information to the Department.
3		(Source: P.A. 101-27, eff. 6-25-19.)
4		(410 ILCS 705/15-30)
5		Sec. 15-30. Selection criteria for conditional licenses
6		awarded under Section 15-25.
7		(a) Applicants for a Conditional Adult Use Dispensing
8		Organization License must submit all required information,
9		including the information required in Section 15-25, to the
10		Department. Failure by an applicant to submit all required
11		information may result in the application being disqualified.
12		(b) If the Department receives an application that fails to
13		provide the required elements contained in this Section, the
14		Department shall issue a deficiency notice to the applicant.
15		The applicant shall have 10 calendar days from the date of the
16		deficiency notice to resubmit the incomplete information.
17		Applications that are still incomplete after this opportunity
18		to cure will not be scored and will be disqualified.
19		(c) The Department will award up to 250 points to complete
20		applications based on the sufficiency of the applicant's
21		responses to required information. Applicants will be awarded
22		points based on a determination that the application
23		satisfactorily includes the following elements:
24		(1) Suitability of Employee Training Plan (15 points).
25		The plan includes an employee training plan that

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1		demonstrates that employees will understand the rules
2		and laws to be followed by dispensary employees, have
3		knowledge of any security measures and operating
4		procedures of the dispensary, and are able to advise
5		purchasers on how to safely consume cannabis and use
6		individual products offered by the dispensary.
7		(2) Security and Recordkeeping (65 points).
8		(A) The security plan accounts for the prevention
9		of the theft or diversion of cannabis. The security
10		plan demonstrates safety procedures for dispensing
11		organization dispensary agents and purchasers, and
12		safe delivery and storage of cannabis and currency. It
13		demonstrates compliance with all security requirements
14		in this Act and rules.
15		(B) A plan for recordkeeping, tracking, and
16		monitoring inventory, quality control, and other
17		policies and procedures that will promote standard
18		recordkeeping and discourage unlawful activity. This
19		plan includes the applicant's strategy to communicate
20		with the Department and the Department of State Police
21		on the destruction and disposal of cannabis. The plan
22		must also demonstrate compliance with this Act and
23		rules.
24		(C) The security plan shall also detail which
25		private security contractor licensed under Section
26		10-5 of the Private Detective, Private Alarm, Private

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1		Security, Fingerprint Vendor, and Locksmith Act of
2		2004 the dispensary will contract with in order to
3		provide adequate security at its facility.
4		(3) Applicant's Business Plan, Financials, Operating
5		and Floor Plan (65 points).
6		(A) The business plan shall describe, at a minimum,
7		how the dispensing organization will be managed on a
8		long-term basis. This shall include a description of
9		the dispensing organization's point-of-sale system,
10		purchases and denials of sale, confidentiality, and
11		products and services to be offered. It will
12		demonstrate compliance with this Act and rules.
13		(B) The operating plan shall include, at a minimum,
14		best practices for day-to-day dispensary operation and
15		staffing. The operating plan may also include
16		information about employment practices, including
17		information about the percentage of full-time
18		employees who will be provided a living wage.
19		(C) The proposed floor plan is suitable for public
20		access, the layout promotes safe dispensing of
21		cannabis, is compliant with the Americans with
22		Disabilities Act and the Environmental Barriers Act,
23		and facilitates safe product handling and storage.
24		(4) Knowledge and Experience (30 points).
25		(A) The applicant's principal officers must
26		demonstrate experience and qualifications in business

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1		management or experience with the cannabis industry.
2		This includes ensuring optimal safety and accuracy in
3		the dispensing and sale of cannabis.
4		(B) The applicant's principal officers must
5		demonstrate knowledge of various cannabis product
6		strains or varieties and describe the types and
7		quantities of products planned to be sold. This
8		includes confirmation of whether the dispensing
9		organization plans to sell cannabis paraphernalia or
10		edibles.
11		(C) Knowledge and experience may be demonstrated
12		through experience in other comparable industries that
13		reflect on the applicant's ability to operate a
14		cannabis business establishment.
15		(5) Status as a Social Equity Applicant (50 points).
16		The applicant meets the qualifications for a
17		Social Equity Applicant as set forth in this Act.
18		(6) Labor and employment practices (5 points): The
19		applicant may describe plans to provide a safe, healthy,
20		and economically beneficial working environment for its
21		agents, including, but not limited to, codes of conduct,
22		health care benefits, educational benefits, retirement
23		benefits, living wage standards, and entering a labor peace
24		agreement with employees.
25		(7) Environmental Plan (5 points): The applicant may
26		demonstrate an environmental plan of action to minimize the

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1		carbon footprint, environmental impact, and resource needs
2		for the dispensary, which may include, without limitation,
3		recycling cannabis product packaging.
4		(8) Illinois owner (5 points): The applicant is 51% or
5		more owned and controlled by an Illinois resident, who can
6		prove residency in each of the past 5 years with tax
7		records or 2 of the following: .
8		(A) a signed lease agreement that includes the
9		applicant's name;
10		(B) a property deed that includes the applicant's
11		name;
12		(C) school records;
13		(D) a voter registration card;
14		(E) an Illinois driver's license, an Illinois
15		Identification Card, or an Illinois Person with a
16		Disability Identification Card;
17		(F) a paycheck stub;
18		(G) a utility bill; or
19		(H) any other proof of residency or other
20		information necessary to establish residence as
21		provided by rule.
22		(9) Status as veteran (5 points): The applicant is 51%
23		or more controlled and owned by an individual or
24		individuals who meet the qualifications of a veteran as
25		defined by Section 45-57 of the Illinois Procurement Code.
26		(10) A diversity plan (5 points): that includes a

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1		narrative of not more than 2,500 words that establishes a
2		goal of diversity in ownership, management, employment,
3		and contracting to ensure that diverse participants and
4		groups are afforded equality of opportunity.
5		(d) The Department may also award up to 2 bonus points for
6		a plan to engage with the community. The applicant may
7		demonstrate a desire to engage with its community by
8		participating in one or more of, but not limited to, the
9		following actions: (i) establishment of an incubator program
10		designed to increase participation in the cannabis industry by
11		persons who would qualify as Social Equity Applicants; (ii)
12		providing financial assistance to substance abuse treatment
13		centers; (iii) educating children and teens about the potential
14		harms of cannabis use; or (iv) other measures demonstrating a
15		commitment to the applicant's community. Bonus points will only
16		be awarded if the Department receives applications that receive
17		an equal score for a particular region.
18		(e) The Department may verify information contained in each
19		application and accompanying documentation to assess the
20		applicant's veracity and fitness to operate a dispensing
21		organization.
22		(f) The Department may, in its discretion, refuse to issue
23		an authorization to any applicant:
24		(1) Who is unqualified to perform the duties required
25		of the applicant;
26		(2) Who fails to disclose or states falsely any

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1		information called for in the application;
2		(3) Who has been found guilty of a violation of this
3		Act, or whose medical cannabis dispensing organization,
4		medical cannabis cultivation organization, or Early
5		Approval Adult Use Dispensing Organization License, or
6		Early Approval Adult Use Dispensing Organization License
7		at a secondary site, or Early Approval Cultivation Center
8		License was suspended, restricted, revoked, or denied for
9		just cause, or the applicant's cannabis business
10		establishment license was suspended, restricted, revoked,
11		or denied in any other state; or
12		(4) Who has engaged in a pattern or practice of unfair
13		or illegal practices, methods, or activities in the conduct
14		of owning a cannabis business establishment or other
15		business.
16		(g) The Department shall deny the license if any principal
17		officer, board member, or person having a financial or voting
18		interest of 5% or greater in the licensee is delinquent in
19		filing any required tax returns or paying any amounts owed to
20		the State of Illinois.
21		(h) The Department shall verify an applicant's compliance
22		with the requirements of this Article and rules before issuing
23		a dispensing organization license.
24		(i) Should the applicant be awarded a license, the
25		information and plans provided in the application, including
26		any plans submitted for bonus points, shall become a condition

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1		of the Conditional Adult Use Dispensing Organization Licenses
2		and any Adult Use Dispensing Organization License issued to the
3		holder of the Conditional Adult Use Dispensing Organization
4		License, except as otherwise provided by this Act or rule.
5		Dispensing organizations have a duty to disclose any material
6		changes to the application. The Department shall review all
7		material changes disclosed by the dispensing organization, and
8		may re-evaluate its prior decision regarding the awarding of a
9		license, including, but not limited to, suspending or
10		permanently revoking a license. Failure to comply with the
11		conditions or requirements in the application may subject the
12		dispensing organization to discipline, up to and including
13		suspension or permanent revocation of its authorization or
14		license by the Department.
15		(j) If an applicant has not begun operating as a dispensing
16		organization within one year of the issuance of the Conditional
17		Adult Use Dispensing Organization License, the Department may
18		permanently revoke the Conditional Adult Use Dispensing
19		Organization License and award it to the next highest scoring
20		applicant in the BLS Region if a suitable applicant indicates a
21		continued interest in the license or begin a new selection
22		process to award a Conditional Adult Use Dispensing
23		Organization License.
24		(k) The Department shall deny an application if granting
25		that application would result in a single person or entity
26		having a direct or indirect financial interest in more than 10

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1		Early Approval Adult Use Dispensing Organization Licenses,
2		Conditional Adult Use Dispensing Organization Licenses, or
3		Adult Use Dispensing Organization Licenses. Any entity that is
4		awarded a license that results in a single person or entity
5		having a direct or indirect financial interest in more than 10
6		licenses shall forfeit the most recently issued license and
7		suffer a penalty to be determined by the Department, unless the
8		entity declines the license at the time it is awarded.
9		(Source: P.A. 101-27, eff. 6-25-19.)
10		(410 ILCS 705/15-35)
11		Sec. 15-35. Conditional Adult Use Dispensing Organization
12		License after January 1, 2021.
13		(a) In addition to any of the licenses issued in Sections
14		15-15, Section 15-20, or Section 15-25 of this Act, by December
15		21, 2021, the Department shall issue up to 110 Conditional
16		Adult Use Dispensing Organization Licenses, pursuant to the
17		application process adopted under this Section. Prior to
18		issuing such licenses, the Department may adopt rules through
19		emergency rulemaking in accordance with subsection (gg) of
20		Section 5-45 of the Illinois Administrative Procedure Act. The
21		General Assembly finds that the adoption of rules to regulate
22		cannabis use is deemed an emergency and necessary for the
23		public interest, safety, and welfare. Such rules may:
24		(1) Modify or change the BLS Regions as they apply to
25		this Article or modify or raise the number of Adult

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1		Conditional Use Dispensing Organization Licenses assigned
2		to each region based on the following factors:
3		(A) Purchaser wait times;
4		(B) Travel time to the nearest dispensary for
5		potential purchasers;
6		(C) Percentage of cannabis sales occurring in
7		Illinois not in the regulated market using data from
8		the Substance Abuse and Mental Health Services
9		Administration, National Survey on Drug Use and
10		Health, Illinois Behavioral Risk Factor Surveillance
11		System, and tourism data from the Illinois Office of
12		Tourism to ascertain total cannabis consumption in
13		Illinois compared to the amount of sales in licensed
14		dispensing organizations;
15		(D) Whether there is an adequate supply of cannabis
16		and cannabis-infused products to serve registered
17		medical cannabis patients;
18		(E) Population increases or shifts;
19		(F) Density of dispensing organizations in a
20		region;
21		(G) The Department's capacity to appropriately
22		regulate additional licenses;
23		(H) The findings and recommendations from the
24		disparity and availability study commissioned by the
25		Illinois Cannabis Regulation Oversight Officer in
26		subsection (e) of Section 5-45 to reduce or eliminate

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1		any identified barriers to entry in the cannabis
2		industry; and
3		(I) Any other criteria the Department deems
4		relevant.
5		(2) Modify or change the licensing application process
6		to reduce or eliminate the barriers identified in the
7		disparity and availability study commissioned by the
8		Illinois Cannabis Regulation Oversight Officer and make
9		modifications to remedy evidence of discrimination.
10		(b) After January 1, 2022, the Department may by rule
11		modify or raise the number of Adult Use Dispensing Organization
12		Licenses assigned to each region, and modify or change the
13		licensing application process to reduce or eliminate barriers
14		based on the criteria in subsection (a). At no time shall the
15		Department issue more than 500 Adult Use Dispensing Dispensary
16		Organization Licenses.
17		(Source: P.A. 101-27, eff. 6-25-19.)
18		(410 ILCS 705/15-36)
19		Sec. 15-36. Adult Use Dispensing Organization License.
20		(a) A person is only eligible to receive an Adult Use
21		Dispensing Organization if the person has been awarded a
22		Conditional Adult Use Dispensing Organization License pursuant
23		to this Act or has renewed its license pursuant to subsection
24		(k) of Section 15-15 or subsection (p) of Section 15-20.
25		(b) The Department shall not issue an Adult Use Dispensing

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1		Organization License until:
2		(1) the Department has inspected the dispensary site
3		and proposed operations and verified that they are in
4		compliance with this Act and local zoning laws;
5		(2) the Conditional Adult Use Dispensing Organization
6		License holder has paid a license registration fee of
7		$60,000 or a prorated amount accounting for the difference
8		of time between when the Adult Use Dispensing Organization
9		License is issued and March 31 of the next even-numbered
10		year; and
11		(3) the Conditional Adult Use Dispensing Organization
12		License holder has met all the requirements in this the Act
13		and rules.
14		(c) No person or entity shall hold any legal, equitable,
15		ownership, or beneficial interest, directly or indirectly, of
16		more than 10 dispensing organizations licensed under this
17		Article. Further, no person or entity that is:
18		(1) employed by, is an agent of, or participates in the
19		management of a dispensing organization or registered
20		medical cannabis dispensing organization;
21		(2) a principal officer of a dispensing organization or
22		registered medical cannabis dispensing organization; or
23		(3) an entity controlled by or affiliated with a
24		principal officer of a dispensing organization or
25		registered medical cannabis dispensing organization;
26		shall hold any legal, equitable, ownership, or beneficial

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1		interest, directly or indirectly, in a dispensing organization
2		that would result in such person or entity owning or
3		participating in the management of more than 10 Early Approval
4		Adult Use Dispensing Organization Licenses, Early Approval
5		Adult Use Dispensing Organization Licenses at a secondary site,
6		Conditional Adult Use Dispensing Organization Licenses, or
7		Adult Use Dispensing Organization Licenses dispensing
8		organizations. For the purpose of this subsection,
9		participating in management may include, without limitation,
10		controlling decisions regarding staffing, pricing, purchasing,
11		marketing, store design, hiring, and website design.
12		(d) The Department shall deny an application if granting
13		that application would result in a person or entity obtaining
14		direct or indirect financial interest in more than 10 Early
15		Approval Adult Use Dispensing Organization Licenses,
16		Conditional Adult Use Dispensing Organization Licenses, Adult
17		Use Dispensing Organization Licenses, or any combination
18		thereof. If a person or entity is awarded a Conditional Adult
19		Use Dispensing Organization License that would cause the person
20		or entity to be in violation of this subsection, he, she, or it
21		shall choose which license application it wants to abandon and
22		such licenses shall become available to the next qualified
23		applicant in the region in which the abandoned license was
24		awarded.
25		(Source: P.A. 101-27, eff. 6-25-19.)

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1		(410 ILCS 705/15-40)
2		Sec. 15-40. Dispensing organization agent identification
3		card; agent training.
4		(a) The Department shall:
5		(1) verify the information contained in an application
6		or renewal for a dispensing organization agent
7		identification card submitted under this Article, and
8		approve or deny an application or renewal, within 30 days
9		of receiving a completed application or renewal
10		application and all supporting documentation required by
11		rule;
12		(2) issue a dispensing organization agent
13		identification card to a qualifying agent within 15
14		business days of approving the application or renewal;
15		(3) enter the registry identification number of the
16		dispensing organization where the agent works;
17		(4) within one year from the effective date of this
18		Act, allow for an electronic application process and
19		provide a confirmation by electronic or other methods that
20		an application has been submitted; and
21		(5) collect a $100 nonrefundable fee from the applicant
22		to be deposited into the Cannabis Regulation Fund.
23		(b) A dispensing organization agent must keep his or her
24		identification card visible at all times when in the dispensary
25		on the property of the dispensing organization.
26		(c) The dispensing organization agent identification cards

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1		shall contain the following:
2		(1) the name of the cardholder;
3		(2) the date of issuance and expiration date of the
4		dispensing organization agent identification cards;
5		(3) a random 10-digit alphanumeric identification
6		number containing at least 4 numbers and at least 4 letters
7		that is unique to the cardholder; and
8		(4) a photograph of the cardholder.
9		(d) The dispensing organization agent identification cards
10		shall be immediately returned to the dispensing organization
11		upon termination of employment.
12		(e) The Department shall not issue an agent identification
13		card if the applicant is delinquent in filing any required tax
14		returns or paying any amounts owed to the State of Illinois.
15		(f) Any card lost by a dispensing organization agent shall
16		be reported to the Department of State Police and the
17		Department immediately upon discovery of the loss.
18		(g) An applicant shall be denied a dispensing organization
19		agent identification card renewal if he or she fails to
20		complete the training provided for in this Section.
21		(h) A dispensing organization agent shall only be required
22		to hold one card for the same employer regardless of what type
23		of dispensing organization license the employer holds.
24		(i) Cannabis retail sales training requirements.
25		(1) Within 90 days of September 1, 2019, or 90 days of
26		employment, whichever is later, all owners, managers,

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1		employees, and agents involved in the handling or sale of
2		cannabis or cannabis-infused product employed by an adult
3		use dispensing organization or medical cannabis dispensing
4		organization as defined in Section 10 of the Compassionate
5		Use of Medical Cannabis Pilot Program Act shall attend and
6		successfully complete a Responsible Vendor Program.
7		(2) Each owner, manager, employee, and agent of an
8		adult use dispensing organization or medical cannabis
9		dispensing organization shall successfully complete the
10		program annually.
11		(3) Responsible Vendor Program Training modules shall
12		include at least 2 hours of instruction time approved by
13		the Department including:
14		(i) Health and safety concerns of cannabis use,
15		including the responsible use of cannabis, its
16		physical effects, onset of physiological effects,
17		recognizing signs of impairment, and appropriate
18		responses in the event of overconsumption.
19		(ii) Training on laws and regulations on driving
20		while under the influence and operating a watercraft or
21		snowmobile while under the influence.
22		(iii) Sales to minors prohibition. Training shall
23		cover all relevant Illinois laws and rules.
24		(iv) Quantity limitations on sales to purchasers.
25		Training shall cover all relevant Illinois laws and
26		rules.

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1		(v) Acceptable forms of identification. Training
2		shall include:
3		(I) How to check identification; and
4		(II) Common mistakes made in verification;
5		(vi) Safe storage of cannabis;
6		(vii) Compliance with all inventory tracking
7		system regulations;
8		(viii) Waste handling, management, and disposal;
9		(ix) Health and safety standards;
10		(x) Maintenance of records;
11		(xi) Security and surveillance requirements;
12		(xii) Permitting inspections by State and local
13		licensing and enforcement authorities;
14		(xiii) Privacy issues;
15		(xiv) Packaging and labeling requirement for sales
16		to purchasers; and
17		(xv) Other areas as determined by rule.
18		(j) Blank.
19		(k) Upon the successful completion of the Responsible
20		Vendor Program, the provider shall deliver proof of completion
21		either through mail or electronic communication to the
22		dispensing organization, which shall retain a copy of the
23		certificate.
24		(l) The license of a dispensing organization or medical
25		cannabis dispensing organization whose owners, managers,
26		employees, or agents fail to comply with this Section may be

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1		suspended or permanently revoked under Section 15-145 or may
2		face other disciplinary action.
3		(m) The regulation of dispensing organization and medical
4		cannabis dispensing employer and employee training is an
5		exclusive function of the State, and regulation by a unit of
6		local government, including a home rule unit, is prohibited.
7		This subsection (m) is a denial and limitation of home rule
8		powers and functions under subsection (h) of Section 6 of
9		Article VII of the Illinois Constitution.
10		(n) Persons seeking Department approval to offer the
11		training required by paragraph (3) of subsection (i) may apply
12		for such approval between August 1 and August 15 of each
13		odd-numbered year in a manner prescribed by the Department.
14		(o) Persons seeking Department approval to offer the
15		training required by paragraph (3) of subsection (i) shall
16		submit a nonrefundable non-refundable application fee of
17		$2,000 to be deposited into the Cannabis Regulation Fund or a
18		fee as may be set by rule. Any changes made to the training
19		module shall be approved by the Department.
20		(p) The Department shall not unreasonably deny approval of
21		a training module that meets all the requirements of paragraph
22		(3) of subsection (i). A denial of approval shall include a
23		detailed description of the reasons for the denial.
24		(q) Any person approved to provide the training required by
25		paragraph (3) of subsection (i) shall submit an application for
26		re-approval between August 1 and August 15 of each odd-numbered

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1		year and include a nonrefundable non-refundable application
2		fee of $2,000 to be deposited into the Cannabis Regulation Fund
3		or a fee as may be set by rule.
4		(r) All persons applying to become or renewing their
5		registrations to be agents, including agents-in-charge and
6		principal officers, shall disclose any disciplinary action
7		taken against them that may have occurred in Illinois, another
8		state, or another country in relation to their employment at a
9		cannabis business establishment or at any cannabis cultivation
10		center, processor, infuser, dispensary, or other cannabis
11		business establishment.
12		(Source: P.A. 101-27, eff. 6-25-19.)
13		(410 ILCS 705/15-55)
14		Sec. 15-55. Financial responsibility. Evidence of
15		financial responsibility is a requirement for the issuance,
16		maintenance, or reactivation of a license under this Article.
17		Evidence of financial responsibility shall be used to guarantee
18		that the dispensing organization timely and successfully
19		completes dispensary construction, operates in a manner that
20		provides an uninterrupted supply of cannabis, faithfully pays
21		registration renewal fees, keeps accurate books and records,
22		makes regularly required reports, complies with State tax
23		requirements, and conducts the dispensing organization in
24		conformity with this Act and rules. Evidence of financial
25		responsibility shall be provided by one of the following:

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1		(1) Establishing and maintaining an escrow or surety
2		account in a financial institution in the amount of
3		$50,000, with escrow terms, approved by the Department,
4		that it shall be payable to the Department in the event of
5		circumstances outlined in this Act and rules.
6		(A) A financial institution may not return money in
7		an escrow or surety account to the dispensing
8		organization that established the account or a
9		representative of the organization unless the
10		organization or representative presents a statement
11		issued by the Department indicating that the account
12		may be released.
13		(B) The escrow or surety account shall not be
14		canceled on less than 30 days' notice in writing to the
15		Department, unless otherwise approved by the
16		Department. If an escrow or surety account is canceled
17		and the registrant fails to secure a new account with
18		the required amount on or before the effective date of
19		cancellation, the registrant's registration may be
20		permanently revoked. The total and aggregate liability
21		of the surety on the bond is limited to the amount
22		specified in the escrow or surety account.
23		(2) Providing a surety bond in the amount of $50,000,
24		naming the dispensing organization as principal of the
25		bond, with terms, approved by the Department, that the bond
26		defaults to the Department in the event of circumstances

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1		outlined in this Act and rules. Bond terms shall include:
2		(A) The business name and registration number on
3		the bond must correspond exactly with the business name
4		and registration number in the Department's records.
5		(B) The bond must be written on a form approved by
6		the Department.
7		(C) A copy of the bond must be received by the
8		Department within 90 days after the effective date.
9		(D) The bond shall not be canceled by a surety on
10		less than 30 days' notice in writing to the Department.
11		If a bond is canceled and the registrant fails to file
12		a new bond with the Department in the required amount
13		on or before the effective date of cancellation, the
14		registrant's registration may be permanently revoked.
15		The total and aggregate liability of the surety on the
16		bond is limited to the amount specified in the bond.
17		(Source: P.A. 101-27, eff. 6-25-19.)
18		(410 ILCS 705/15-65)
19		Sec. 15-65. Administration.
20		(a) A dispensing organization shall establish, maintain,
21		and comply with written policies and procedures as submitted in
22		the Business, Financial and Operating plan as required in this
23		Article or by rules established by the Department, and approved
24		by the Department, for the security, storage, inventory, and
25		distribution of cannabis. These policies and procedures shall

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1		include methods for identifying, recording, and reporting
2		diversion, theft, or loss, and for correcting errors and
3		inaccuracies in inventories. At a minimum, dispensing
4		organizations shall ensure the written policies and procedures
5		provide for the following:
6		(1) Mandatory and voluntary recalls of cannabis
7		products. The policies shall be adequate to deal with
8		recalls due to any action initiated at the request of the
9		Department and any voluntary action by the dispensing
10		organization to remove defective or potentially defective
11		cannabis from the market or any action undertaken to
12		promote public health and safety, including:
13		(i) A mechanism reasonably calculated to contact
14		purchasers who have, or likely have, obtained the
15		product from the dispensary, including information on
16		the policy for return of the recalled product;
17		(ii) A mechanism to identify and contact the adult
18		use cultivation center, craft grower, or infuser that
19		manufactured the cannabis;
20		(iii) Policies for communicating with the
21		Department, the Department of Agriculture, and the
22		Department of Public Health within 24 hours of
23		discovering defective or potentially defective
24		cannabis; and
25		(iv) Policies for destruction of any recalled
26		cannabis product;

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1		(2) Responses to local, State, or national
2		emergencies, including natural disasters, that affect the
3		security or operation of a dispensary;
4		(3) Segregation and destruction of outdated, damaged,
5		deteriorated, misbranded, or adulterated cannabis. This
6		procedure shall provide for written documentation of the
7		cannabis disposition;
8		(4) Ensure the oldest stock of a cannabis product is
9		distributed first. The procedure may permit deviation from
10		this requirement, if such deviation is temporary and
11		appropriate;
12		(5) Training of dispensing organization agents in the
13		provisions of this Act and rules, to effectively operate
14		the point-of-sale system and the State's verification
15		system, proper inventory handling and tracking, specific
16		uses of cannabis or cannabis-infused products, instruction
17		regarding regulatory inspection preparedness and law
18		enforcement interaction, awareness of the legal
19		requirements for maintaining status as an agent, and other
20		topics as specified by the dispensing organization or the
21		Department. The dispensing organization shall maintain
22		evidence of all training provided to each agent in its
23		files that is subject to inspection and audit by the
24		Department. The dispensing organization shall ensure
25		agents receive a minimum of 8 hours of training subject to
26		the requirements in subsection (i) of Section 15-40

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1		annually, unless otherwise approved by the Department;
2		(6) Maintenance of business records consistent with
3		industry standards, including bylaws, consents, manual or
4		computerized records of assets and liabilities, audits,
5		monetary transactions, journals, ledgers, and supporting
6		documents, including agreements, checks, invoices,
7		receipts, and vouchers. Records shall be maintained in a
8		manner consistent with this Act and shall be retained for 5
9		years;
10		(7) Inventory control, including:
11		(i) Tracking purchases and denials of sale;
12		(ii) Disposal of unusable or damaged cannabis as
13		required by this Act and rules; and
14		(8) Purchaser education and support, including:
15		(i) Whether possession of cannabis is illegal
16		under federal law;
17		(ii) Current educational information issued by the
18		Department of Public Health about the health risks
19		associated with the use or abuse of cannabis;
20		(iii) Information about possible side effects;
21		(iv) Prohibition on smoking cannabis in public
22		places; and
23		(v) Offering any other appropriate purchaser
24		education or support materials.
25		(b) Blank.
26		(c) A dispensing organization shall maintain copies of the

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1		policies and procedures on the dispensary premises and provide
2		copies to the Department upon request. The dispensing
3		organization shall review the dispensing organization policies
4		and procedures at least once every 12 months from the issue
5		date of the license and update as needed due to changes in
6		industry standards or as requested by the Department.
7		(d) A dispensing organization shall ensure that each
8		principal officer and each dispensing organization agent has a
9		current agent identification card in the agent's immediate
10		possession when the agent is at the dispensary.
11		(e) A dispensing organization shall provide prompt written
12		notice to the Department, including the date of the event, when
13		a dispensing organization agent no longer is employed by the
14		dispensing organization.
15		(f) A dispensing organization shall promptly document and
16		report any loss or theft of cannabis from the dispensary to the
17		Department of State Police and the Department. It is the duty
18		of any dispensing organization agent who becomes aware of the
19		loss or theft to report it as provided in this Article.
20		(g) A dispensing organization shall post the following
21		information in a conspicuous location in an area of the
22		dispensary accessible to consumers:
23		(1) The dispensing organization's license;
24		(2) The hours of operation.
25		(h) Signage that shall be posted inside the premises.
26		(1) All dispensing organizations must display a

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1		placard that states the following: "Cannabis consumption
2		can impair cognition and driving, is for adult use only,
3		may be habit forming, and should not be used by pregnant or
4		breastfeeding women.".
5		(2) Any dispensing organization that sells edible
6		cannabis-infused products must display a placard that
7		states the following:
8		(A) "Edible cannabis-infused products were
9		produced in a kitchen that may also process common food
10		allergens."; and
11		(B) "The effects of cannabis products can vary from
12		person to person, and it can take as long as two hours
13		to feel the effects of some cannabis-infused products.
14		Carefully review the portion size information and
15		warnings contained on the product packaging before
16		consuming.".
17		(3) All of the required signage in this subsection (h)
18		shall be no smaller than 24 inches tall by 36 inches wide,
19		with typed letters no smaller than 2 inches. The signage
20		shall be clearly visible and readable by customers. The
21		signage shall be placed in the area where cannabis and
22		cannabis-infused products are sold and may be translated
23		into additional languages as needed. The Department may
24		require a dispensary to display the required signage in a
25		different language, other than English, if the Secretary
26		deems it necessary.

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1		(i) A dispensing organization shall prominently post
2		notices inside the dispensing organization that state
3		activities that are strictly prohibited and punishable by law,
4		including, but not limited to:
5		(1) no minors permitted on the premises unless the
6		minor is a minor qualifying patient under the Compassionate
7		Use of Medical Cannabis Pilot Program Act;
8		(2) distribution to persons under the age of 21 is
9		prohibited;
10		(3) transportation of cannabis or cannabis products
11		across state lines is prohibited.
12		(Source: P.A. 101-27, eff. 6-25-19.)
13		(410 ILCS 705/15-70)
14		Sec. 15-70. Operational requirements; prohibitions.
15		(a) A dispensing organization shall operate in accordance
16		with the representations made in its application and license
17		materials. It shall be in compliance with this Act and rules.
18		(b) A dispensing organization must include the legal name
19		of the dispensary on the packaging of any cannabis product it
20		sells.
21		(c) All cannabis, cannabis-infused products, and cannabis
22		seeds must be obtained from an Illinois registered adult use
23		cultivation center, craft grower, infuser, or another
24		dispensary.
25		(d) Dispensing organizations are prohibited from selling

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1		any product containing alcohol except tinctures, which must be
2		limited to containers that are no larger than 100 milliliters.
3		(e) A dispensing organization shall inspect and count
4		product received from a transporting organization, by the adult
5		use cultivation center, craft grower, infuser organization, or
6		other dispensing organization before dispensing it.
7		(f) A dispensing organization may only accept cannabis
8		deliveries into a restricted access area. Deliveries may not be
9		accepted through the public or limited access areas unless
10		otherwise approved by the Department.
11		(g) A dispensing organization shall maintain compliance
12		with State and local building, fire, and zoning requirements or
13		regulations.
14		(h) A dispensing organization shall submit a list to the
15		Department of the names of all service professionals that will
16		work at the dispensary. The list shall include a description of
17		the type of business or service provided. Changes to the
18		service professional list shall be promptly provided. No
19		service professional shall work in the dispensary until the
20		name is provided to the Department on the service professional
21		list.
22		(i) A dispensing organization's license allows for a
23		dispensary to be operated only at a single location.
24		(j) A dispensary may operate between 6 a.m. and 10 p.m.
25		local time.
26		(k) A dispensing organization must keep all lighting

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1		outside and inside the dispensary in good working order and
2		wattage sufficient for security cameras.
3		(l) A dispensing organization must keep all air treatment
4		systems that will be installed to reduce odors in good working
5		order.
6		(m) A dispensing organization must contract with a private
7		security contractor that is licensed under Section 10-5 of the
8		Private Detective, Private Alarm, Private Security,
9		Fingerprint Vendor, and Locksmith Act of 2004 to provide
10		on-site security at all hours of the dispensary's operation.
11		(n) (l) A dispensing organization shall ensure that any
12		building or equipment used by a dispensing organization for the
13		storage or sale of cannabis is maintained in a clean and
14		sanitary condition.
15		(o) (m) The dispensary shall be free from infestation by
16		insects, rodents, or pests.
17		(p) (n) A dispensing organization shall not:
18		(1) Produce or manufacture cannabis;
19		(2) Accept a cannabis product from an adult use
20		cultivation center, craft grower, infuser, dispensing
21		organization, or transporting organization unless it is
22		pre-packaged and labeled in accordance with this Act and
23		any rules that may be adopted pursuant to this Act;
24		(3) Obtain cannabis or cannabis-infused products from
25		outside the State of Illinois;
26		(4) Sell cannabis or cannabis-infused products to a

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1		purchaser unless the dispensing dispensary organization is
2		licensed under the Compassionate Use of Medical Cannabis
3		Pilot Program Act, and the individual is registered under
4		the Compassionate Use of Medical Cannabis Pilot Program or
5		the purchaser has been verified to be over the age of 21
6		years of age or older;
7		(5) Enter into an exclusive agreement with any adult
8		use cultivation center, craft grower, or infuser.
9		Dispensaries shall provide consumers an assortment of
10		products from various cannabis business establishment
11		licensees such that the inventory available for sale at any
12		dispensary from any single cultivation center, craft
13		grower, processor, transporter, or infuser entity shall
14		not be more than 40% of the total inventory available for
15		sale. For the purpose of this subsection, a cultivation
16		center, craft grower, processor, or infuser shall be
17		considered part of the same entity if the licensees share
18		at least one principal officer. The Department may request
19		that a dispensary diversify its products as needed or
20		otherwise discipline a dispensing organization for
21		violating this requirement;
22		(6) Refuse to conduct business with an adult use
23		cultivation center, craft grower, transporting
24		organization, or infuser that has the ability to properly
25		deliver the product and is permitted by the Department of
26		Agriculture, on the same terms as other adult use

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1		cultivation centers, craft growers, infusers, or
2		transporters with whom it is dealing;
3		(7) Operate drive-through windows;
4		(8) Allow for the dispensing of cannabis or
5		cannabis-infused products in vending machines;
6		(9) Transport cannabis to residences or other
7		locations where purchasers may be for delivery;
8		(10) Enter into agreements to allow persons who are not
9		dispensing organization agents to deliver cannabis or to
10		transport cannabis to purchasers; .
11		(11) Operate a dispensary if its video surveillance
12		equipment is inoperative;
13		(12) Operate a dispensary if the point-of-sale
14		equipment is inoperative;
15		(13) Operate a dispensary if the State's cannabis
16		electronic verification system is inoperative;
17		(14) Have fewer than 2 people working at the dispensary
18		at any time while the dispensary is open;
19		(15) Be located within 1,500 feet of the property line
20		of a pre-existing dispensing organization;
21		(16) Sell clones or any other live plant material;
22		(17) Sell cannabis, cannabis concentrate, or
23		cannabis-infused products in combination or bundled with
24		each other or any other items for one price, and each item
25		of cannabis, concentrate, or cannabis-infused product must
26		be separately identified by quantity and price on the

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1		receipt;
2		(18) Violate any other requirements or prohibitions
3		set by Department rules.
4		(q) (o) It is unlawful for any person having an Early
5		Approval Adult Use Cannabis Dispensing Organization License, a
6		Conditional Adult Use Cannabis Dispensing Organization, an
7		Adult Use Dispensing Organization License, or a medical
8		cannabis dispensing organization license issued under the
9		Compassionate Use of Medical Cannabis Pilot Program Act or any
10		officer, associate, member, representative, or agent of such
11		licensee to accept, receive, or borrow money or anything else
12		of value or accept or receive credit (other than merchandising
13		credit in the ordinary course of business for a period not to
14		exceed 30 days) directly or indirectly from any adult use
15		cultivation center, craft grower, infuser, or transporting
16		organization in exchange for preferential placement on the
17		dispensing organization's shelves, display cases, or website.
18		This includes anything received or borrowed or from any
19		stockholders, officers, agents, or persons connected with an
20		adult use cultivation center, craft grower, infuser, or
21		transporting organization. This also excludes any received or
22		borrowed in exchange for preferential placement by the
23		dispensing organization, including preferential placement on
24		the dispensing organization's shelves, display cases, or
25		website.
26		(r) (p) It is unlawful for any person having an Early

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1		Approval Adult Use Cannabis Dispensing Organization License, a
2		Conditional Adult Use Cannabis Dispensing Organization, an
3		Adult Use Dispensing Organization License, or a medical
4		cannabis dispensing organization license issued under the
5		Compassionate Use of Medical Cannabis Pilot Program to enter
6		into any contract with any person licensed to cultivate,
7		process, or transport cannabis whereby such dispensing
8		dispensary organization agrees not to sell any cannabis
9		cultivated, processed, transported, manufactured, or
10		distributed by any other cultivator, transporter, or infuser,
11		and any provision in any contract violative of this Section
12		shall render the whole of such contract void and no action
13		shall be brought thereon in any court.
14		(Source: P.A. 101-27, eff. 6-25-19.)
15		(410 ILCS 705/15-75)
16		Sec. 15-75. Inventory control system.
17		(a) A dispensing organization agent-in-charge shall have
18		primary oversight of the dispensing organization's cannabis
19		inventory verification system, and its point-of-sale system.
20		The inventory point-of-sale system shall be real-time,
21		web-based, and accessible by the Department at any time. The
22		point-of-sale system shall track, at a minimum the date of
23		sale, amount, price, and currency.
24		(b) A dispensing organization shall establish an account
25		with the State's verification system that documents:

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1		(1) Each sales transaction at the time of sale and each
2		day's beginning inventory, acquisitions, sales, disposal,
3		and ending inventory.
4		(2) Acquisition of cannabis and cannabis-infused
5		products from a licensed adult use cultivation center,
6		craft grower, infuser, or transporter, including:
7		(i) A description of the products, including the
8		quantity, strain, variety, and batch number of each
9		product received;
10		(ii) The name and registry identification number
11		of the licensed adult use cultivation center, craft
12		grower, or infuser providing the cannabis and
13		cannabis-infused products;
14		(iii) The name and registry identification number
15		of the licensed adult use cultivation center, craft
16		grower, infuser, or transporting transportation agent
17		delivering the cannabis;
18		(iv) The name and registry identification number
19		of the dispensing organization agent receiving the
20		cannabis; and
21		(v) The date of acquisition.
22		(3) The disposal of cannabis, including:
23		(i) A description of the products, including the
24		quantity, strain, variety, batch number, and reason
25		for the cannabis being disposed;
26		(ii) The method of disposal; and

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1		(iii) The date and time of disposal.
2		(c) Upon cannabis delivery, a dispensing organization
3		shall confirm the product's name, strain name, weight, and
4		identification number on the manifest matches the information
5		on the cannabis product label and package. The product name
6		listed and the weight listed in the State's verification system
7		shall match the product packaging.
8		(d) The agent-in-charge shall conduct daily inventory
9		reconciliation documenting and balancing cannabis inventory by
10		confirming the State's verification system matches the
11		dispensing organization's point-of-sale system and the amount
12		of physical product at the dispensary.
13		(1) A dispensing organization must receive Department
14		approval before completing an inventory adjustment. It
15		shall provide a detailed reason for the adjustment.
16		Inventory adjustment documentation shall be kept at the
17		dispensary for 2 years from the date performed.
18		(2) If the dispensing organization identifies an
19		imbalance in the amount of cannabis after the daily
20		inventory reconciliation due to mistake, the dispensing
21		organization shall determine how the imbalance occurred
22		and immediately upon discovery take and document
23		corrective action. If the dispensing organization cannot
24		identify the reason for the mistake within 2 calendar days
25		after first discovery, it shall inform the Department
26		immediately in writing of the imbalance and the corrective

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1		action taken to date. The dispensing organization shall
2		work diligently to determine the reason for the mistake.
3		(3) If the dispensing organization identifies an
4		imbalance in the amount of cannabis after the daily
5		inventory reconciliation or through other means due to
6		theft, criminal activity, or suspected criminal activity,
7		the dispensing organization shall immediately determine
8		how the reduction occurred and take and document corrective
9		action. Within 24 hours after the first discovery of the
10		reduction due to theft, criminal activity, or suspected
11		criminal activity, the dispensing organization shall
12		inform the Department and the Department of State Police in
13		writing.
14		(4) The dispensing organization shall file an annual
15		compilation report with the Department, including a
16		financial statement that shall include, but not be limited
17		to, an income statement, balance sheet, profit and loss
18		statement, statement of cash flow, wholesale cost and
19		sales, and any other documentation requested by the
20		Department in writing. The financial statement shall
21		include any other information the Department deems
22		necessary in order to effectively administer this Act and
23		all rules, orders, and final decisions promulgated under
24		this Act. Statements required by this Section shall be
25		filed with the Department within 60 days after the end of
26		the calendar year. The compilation report shall include a

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1		letter authored by a licensed certified public accountant
2		that it has been reviewed and is accurate based on the
3		information provided. The dispensing organization,
4		financial statement, and accompanying documents are not
5		required to be audited unless specifically requested by the
6		Department.
7		(e) A dispensing organization shall:
8		(1) Maintain the documentation required in this
9		Section in a secure locked location at the dispensing
10		organization for 5 years from the date on the document;
11		(2) Provide any documentation required to be
12		maintained in this Section to the Department for review
13		upon request; and
14		(3) If maintaining a bank account, retain for a period
15		of 5 years a record of each deposit or withdrawal from the
16		account.
17		(f) If a dispensing organization chooses to have a return
18		policy for cannabis and cannabis products, the dispensing
19		organization shall seek prior approval from the Department.
20		(Source: P.A. 101-27, eff. 6-25-19.)
21		(410 ILCS 705/15-85)
22		Sec. 15-85. Dispensing cannabis.
23		(a) Before a dispensing organization agent dispenses
24		cannabis to a purchaser, the agent shall:
25		(1) Verify the age of the purchaser by checking a

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1		government-issued identification card by use of an
2		electronic reader or electronic scanning device to scan a
3		purchaser's government-issued identification, if
4		applicable, to determine the purchaser's age and the
5		validity of the identification;
6		(2) Verify the validity of the government-issued
7		identification card by use of an electronic reader or
8		electronic scanning device to scan a purchaser's
9		government-issued identification, if applicable, to
10		determine the purchaser's age and the validity of the
11		identification;
12		(3) Offer any appropriate purchaser education or
13		support materials;
14		(4) Enter the following information into the State's
15		cannabis electronic verification system:
16		(i) The dispensing organization agent's
17		identification number;
18		(ii) The dispensing organization's identification
19		number;
20		(iii) The amount, type (including strain, if
21		applicable) of cannabis or cannabis-infused product
22		dispensed;
23		(iv) The date and time the cannabis was dispensed.
24		(b) A dispensing organization shall refuse to sell cannabis
25		or cannabis-infused products to any person unless the person
26		produces a valid identification showing that the person is 21

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1		years of age or older. A medical cannabis dispensing
2		organization may sell cannabis or cannabis-infused products to
3		a person who is under 21 years of age if the sale complies with
4		the provisions of the Compassionate Use of Medical Cannabis
5		Pilot Program Act and rules.
6		(c) For the purposes of this Section, valid identification
7		must:
8		(1) Be valid and unexpired;
9		(2) Contain a photograph and the date of birth of the
10		person.
11		(Source: P.A. 101-27, eff. 6-25-19.)
12		(410 ILCS 705/15-95)
13		Sec. 15-95. Agent-in-charge.
14		(a) Every dispensing organization shall designate, at a
15		minimum, one agent-in-charge for each licensed dispensary. The
16		designated agent-in-charge must hold a dispensing organization
17		agent identification card. Maintaining an agent-in-charge is a
18		continuing requirement for the license, except as provided in
19		subsection (f).
20		(b) The agent-in-charge shall be a principal officer or a
21		full-time agent of the dispensing organization and shall manage
22		the dispensary. Managing the dispensary includes, but is not
23		limited to, responsibility for opening and closing the
24		dispensary, delivery acceptance, oversight of sales and
25		dispensing organization agents, recordkeeping, inventory,

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1		dispensing organization agent training, and compliance with
2		this Act and rules. Participation in affairs also includes the
3		responsibility for maintaining all files subject to audit or
4		inspection by the Department at the dispensary.
5		(c) The agent-in-charge is responsible for promptly
6		notifying the Department of any change of information required
7		to be reported to the Department.
8		(d) In determining whether an agent-in-charge manages the
9		dispensary, the Department may consider the responsibilities
10		identified in this Section, the number of dispensing
11		organization agents under the supervision of the
12		agent-in-charge, and the employment relationship between the
13		agent-in-charge and the dispensing organization, including the
14		existence of a contract for employment and any other relevant
15		fact or circumstance.
16		(e) The agent-in-charge is responsible for notifying the
17		Department of a change in the employment status of all
18		dispensing organization agents within 5 business days after the
19		change, including notice to the Department if the termination
20		of an agent was for diversion of product or theft of currency.
21		(f) In the event of the separation of an agent-in-charge
22		due to death, incapacity, termination, or any other reason and
23		if the dispensary does not have an active agent-in-charge, the
24		dispensing organization shall immediately contact the
25		Department and request a temporary certificate of authority
26		allowing the continuing operation. The request shall include

SB1557 Enrolled - 239 - LRB101 08168 SMS 53234 b
1		the name of an interim agent-in-charge until a replacement is
2		identified, or shall include the name of the replacement. The
3		Department shall issue the temporary certificate of authority
4		promptly after it approves the request. If a dispensing
5		organization fails to promptly request a temporary certificate
6		of authority after the separation of the agent-in-charge, its
7		registration shall cease until the Department approves the
8		temporary certificate of authority or registers a new
9		agent-in-charge. No temporary certificate of authority shall
10		be valid for more than 90 days. The succeeding agent-in-charge
11		shall register with the Department in compliance with this
12		Article. Once the permanent succeeding agent-in-charge is
13		registered with the Department, the temporary certificate of
14		authority is void. No temporary certificate of authority shall
15		be issued for the separation of an agent-in-charge due to
16		disciplinary action by the Department related to his or her
17		conduct on behalf of the dispensing organization.
18		(g) The dispensing organization agent-in-charge
19		registration shall expire one year from the date it is issued.
20		The agent-in-charge's registration shall be renewed annually.
21		The Department shall review the dispensing organization's
22		compliance history when determining whether to grant the
23		request to renew.
24		(h) Upon termination of an agent-in-charge's employment,
25		the dispensing organization shall immediately reclaim the
26		dispensing agent identification card. The dispensing

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1		organization shall promptly return the identification card to
2		the Department.
3		(i) The Department may deny an application or renewal or
4		discipline or revoke an agent-in-charge identification card
5		for any of the following reasons:
6		(1) Submission of misleading, incorrect, false, or
7		fraudulent information in the application or renewal
8		application;
9		(2) Violation of the requirements of this Act or rules;
10		(3) Fraudulent use of the agent-in-charge
11		identification card;
12		(4) Selling, distributing, transferring in any manner,
13		or giving cannabis to any unauthorized person;
14		(5) Theft of cannabis, currency, or any other items
15		from a dispensary; .
16		(6) Tampering with, falsifying, altering, modifying,
17		or duplicating an agent-in-charge identification card;
18		(7) Tampering with, falsifying, altering, or modifying
19		the surveillance video footage, point-of-sale system, or
20		the State's verification system;
21		(8) Failure to notify the Department immediately upon
22		discovery that the agent-in-charge identification card has
23		been lost, stolen, or destroyed;
24		(9) Failure to notify the Department within 5 business
25		days after a change in the information provided in the
26		application for an agent-in-charge identification card;

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1		(10) Conviction of a felony offense in accordance with
2		Sections 2105-131, 2105-135, and 2105-205 of the
3		Department of Professional Regulation Law of the Civil
4		Administrative Code of Illinois or any incident listed in
5		this Act or rules following the issuance of an
6		agent-in-charge identification card;
7		(11) Dispensing to purchasers in amounts above the
8		limits provided in this Act; or
9		(12) Delinquency in filing any required tax returns or
10		paying any amounts owed to the State of Illinois.
11		(Source: P.A. 101-27, eff. 6-25-19; revised 9-4-19.)
12		(410 ILCS 705/15-100)
13		Sec. 15-100. Security.
14		(a) A dispensing organization shall implement security
15		measures to deter and prevent entry into and theft of cannabis
16		or currency.
17		(b) A dispensing organization shall submit any changes to
18		the floor plan or security plan to the Department for
19		pre-approval. All cannabis shall be maintained and stored in a
20		restricted access area during construction.
21		(c) The dispensing organization shall implement security
22		measures to protect the premises, purchasers, and dispensing
23		organization agents including, but not limited to the
24		following:
25		(1) Establish a locked door or barrier between the

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1		facility's entrance and the limited access area;
2		(2) Prevent individuals from remaining on the premises
3		if they are not engaging in activity permitted by this Act
4		or rules;
5		(3) Develop a policy that addresses the maximum
6		capacity and purchaser flow in the waiting rooms and
7		limited access areas;
8		(4) Dispose of cannabis in accordance with this Act and
9		rules;
10		(5) During hours of operation, store and dispense all
11		cannabis from the restricted access area. During
12		operational hours, cannabis shall be stored in an enclosed
13		locked room or cabinet and accessible only to specifically
14		authorized dispensing organization agents;
15		(6) When the dispensary is closed, store all cannabis
16		and currency in a reinforced vault room in the restricted
17		access area and in a manner as to prevent diversion, theft,
18		or loss;
19		(7) Keep the reinforced vault room and any other
20		equipment or cannabis storage areas securely locked and
21		protected from unauthorized entry;
22		(8) Keep an electronic daily log of dispensing
23		organization agents with access to the reinforced vault
24		room and knowledge of the access code or combination;
25		(9) Keep all locks and security equipment in good
26		working order;

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1		(10) Maintain an operational security and alarm system
2		at all times;
3		(11) Prohibit keys, if applicable, from being left in
4		the locks, or stored or placed in a location accessible to
5		persons other than specifically authorized personnel;
6		(12) Prohibit accessibility of security measures,
7		including combination numbers, passwords, or electronic or
8		biometric security systems to persons other than
9		specifically authorized dispensing organization agents;
10		(13) Ensure that the dispensary interior and exterior
11		premises are sufficiently lit to facilitate surveillance;
12		(14) Ensure that trees, bushes, and other foliage
13		outside of the dispensary premises do not allow for a
14		person or persons to conceal themselves from sight;
15		(15) Develop emergency policies and procedures for
16		securing all product and currency following any instance of
17		diversion, theft, or loss of cannabis, and conduct an
18		assessment to determine whether additional safeguards are
19		necessary; and
20		(16) Develop sufficient additional safeguards in
21		response to any special security concerns, or as required
22		by the Department.
23		(d) The Department may request or approve alternative
24		security provisions that it determines are an adequate
25		substitute for a security requirement specified in this
26		Article. Any additional protections may be considered by the

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1		Department in evaluating overall security measures.
2		(e) A dispensing dispensary organization may share
3		premises with a craft grower or an infuser organization, or
4		both, provided each licensee stores currency and cannabis or
5		cannabis-infused products in a separate secured vault to which
6		the other licensee does not have access or all licensees
7		sharing a vault share more than 50% of the same ownership.
8		(f) A dispensing organization shall provide additional
9		security as needed and in a manner appropriate for the
10		community where it operates.
11		(g) Restricted access areas.
12		(1) All restricted access areas must be identified by
13		the posting of a sign that is a minimum of 12 inches by 12
14		inches and that states "Do Not Enter - Restricted Access
15		Area - Authorized Personnel Only" in lettering no smaller
16		than one inch in height.
17		(2) All restricted access areas shall be clearly
18		described in the floor plan of the premises, in the form
19		and manner determined by the Department, reflecting walls,
20		partitions, counters, and all areas of entry and exit. The
21		floor plan shall show all storage, disposal, and retail
22		sales areas.
23		(3) All restricted access areas must be secure, with
24		locking devices that prevent access from the limited access
25		areas.
26		(h) Security and alarm.

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1		(1) A dispensing organization shall have an adequate
2		security plan and security system to prevent and detect
3		diversion, theft, or loss of cannabis, currency, or
4		unauthorized intrusion using commercial grade equipment
5		installed by an Illinois licensed private alarm contractor
6		or private alarm contractor agency that shall, at a
7		minimum, include:
8		(i) A perimeter alarm on all entry points and glass
9		break protection on perimeter windows;
10		(ii) Security shatterproof tinted film on exterior
11		windows;
12		(iii) A failure notification system that provides
13		an audible, text, or visual notification of any failure
14		in the surveillance system, including, but not limited
15		to, panic buttons, alarms, and video monitoring
16		system. The failure notification system shall provide
17		an alert to designated dispensing organization agents
18		within 5 minutes after the failure, either by telephone
19		or text message;
20		(iv) A duress alarm, panic button, and alarm, or
21		holdup alarm and after-hours intrusion detection alarm
22		that by design and purpose will directly or indirectly
23		notify, by the most efficient means, the Public Safety
24		Answering Point for the law enforcement agency having
25		primary jurisdiction;
26		(v) Security equipment to deter and prevent

SB1557 Enrolled - 246 - LRB101 08168 SMS 53234 b
1		unauthorized entrance into the dispensary, including
2		electronic door locks on the limited and restricted
3		access areas that include devices or a series of
4		devices to detect unauthorized intrusion that may
5		include a signal system interconnected with a radio
6		frequency method, cellular, private radio signals or
7		other mechanical or electronic device.
8		(2) All security system equipment and recordings shall
9		be maintained in good working order, in a secure location
10		so as to prevent theft, loss, destruction, or alterations.
11		(3) Access to surveillance monitoring recording
12		equipment shall be limited to persons who are essential to
13		surveillance operations, law enforcement authorities
14		acting within their jurisdiction, security system service
15		personnel, and the Department. A current list of authorized
16		dispensing organization agents and service personnel that
17		have access to the surveillance equipment must be available
18		to the Department upon request.
19		(4) All security equipment shall be inspected and
20		tested at regular intervals, not to exceed one month from
21		the previous inspection, and tested to ensure the systems
22		remain functional.
23		(5) The security system shall provide protection
24		against theft and diversion that is facilitated or hidden
25		by tampering with computers or electronic records.
26		(6) The dispensary shall ensure all access doors are

SB1557 Enrolled - 247 - LRB101 08168 SMS 53234 b
1		not solely controlled by an electronic access panel to
2		ensure that locks are not released during a power outage.
3		(i) To monitor the dispensary, the dispensing organization
4		shall incorporate continuous electronic video monitoring
5		including the following:
6		(1) All monitors must be 19 inches or greater;
7		(2) Unobstructed video surveillance of all enclosed
8		dispensary areas, unless prohibited by law, including all
9		points of entry and exit that shall be appropriate for the
10		normal lighting conditions of the area under surveillance.
11		The cameras shall be directed so all areas are captured,
12		including, but not limited to, safes, vaults, sales areas,
13		and areas where cannabis is stored, handled, dispensed, or
14		destroyed. Cameras shall be angled to allow for facial
15		recognition, the capture of clear and certain
16		identification of any person entering or exiting the
17		dispensary area and in lighting sufficient during all times
18		of night or day;
19		(3) Unobstructed video surveillance of outside areas,
20		the storefront, and the parking lot, that shall be
21		appropriate for the normal lighting conditions of the area
22		under surveillance. Cameras shall be angled so as to allow
23		for the capture of facial recognition, clear and certain
24		identification of any person entering or exiting the
25		dispensary and the immediate surrounding area, and license
26		plates of vehicles in the parking lot;

SB1557 Enrolled - 248 - LRB101 08168 SMS 53234 b
1		(4) 24-hour recordings from all video cameras
2		available for immediate viewing by the Department upon
3		request. Recordings shall not be destroyed or altered and
4		shall be retained for at least 90 days. Recordings shall be
5		retained as long as necessary if the dispensing
6		organization is aware of the loss or theft of cannabis or a
7		pending criminal, civil, or administrative investigation
8		or legal proceeding for which the recording may contain
9		relevant information;
10		(5) The ability to immediately produce a clear, color
11		still photo from the surveillance video, either live or
12		recorded;
13		(6) A date and time stamp embedded on all video
14		surveillance recordings. The date and time shall be
15		synchronized and set correctly and shall not significantly
16		obscure the picture;
17		(7) The ability to remain operational during a power
18		outage and ensure all access doors are not solely
19		controlled by an electronic access panel to ensure that
20		locks are not released during a power outage;
21		(8) All video surveillance equipment shall allow for
22		the exporting of still images in an industry standard image
23		format, including .jpg, .bmp, and .gif. Exported video
24		shall have the ability to be archived in a proprietary
25		format that ensures authentication of the video and
26		guarantees that no alteration of the recorded image has

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1		taken place. Exported video shall also have the ability to
2		be saved in an industry standard file format that can be
3		played on a standard computer operating system. All
4		recordings shall be erased or destroyed before disposal;
5		(9) The video surveillance system shall be operational
6		during a power outage with a 4-hour minimum battery backup;
7		(10) A video camera or cameras recording at each
8		point-of-sale location allowing for the identification of
9		the dispensing organization agent distributing the
10		cannabis and any purchaser. The camera or cameras shall
11		capture the sale, the individuals and the computer monitors
12		used for the sale;
13		(11) A failure notification system that provides an
14		audible and visual notification of any failure in the
15		electronic video monitoring system; and
16		(12) All electronic video surveillance monitoring must
17		record at least the equivalent of 8 frames per second and
18		be available as recordings to the Department and the
19		Department of State Police 24 hours a day via a secure
20		web-based portal with reverse functionality.
21		(j) The requirements contained in this Act are minimum
22		requirements for operating a dispensing organization. The
23		Department may establish additional requirements by rule.
24		(Source: P.A. 101-27, eff. 6-25-19.)
25		(410 ILCS 705/15-145)

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1		Sec. 15-145. Grounds for discipline.
2		(a) The Department may deny issuance, refuse to renew or
3		restore, or may reprimand, place on probation, suspend, revoke,
4		or take other disciplinary or nondisciplinary action against
5		any license or agent identification card or may impose a fine
6		for any of the following:
7		(1) Material misstatement in furnishing information to
8		the Department;
9		(2) Violations of this Act or rules;
10		(3) Obtaining an authorization or license by fraud or
11		misrepresentation;
12		(4) A pattern of conduct that demonstrates
13		incompetence or that the applicant has engaged in conduct
14		or actions that would constitute grounds for discipline
15		under this the Act;
16		(5) Aiding or assisting another person in violating any
17		provision of this Act or rules;
18		(6) Failing to respond to a written request for
19		information by the Department within 30 days;
20		(7) Engaging in unprofessional, dishonorable, or
21		unethical conduct of a character likely to deceive,
22		defraud, or harm the public;
23		(8) Adverse action by another United States
24		jurisdiction or foreign nation;
25		(9) A finding by the Department that the licensee,
26		after having his or her license placed on suspended or

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1		probationary status, has violated the terms of the
2		suspension or probation;
3		(10) Conviction, entry of a plea of guilty, nolo
4		contendere, or the equivalent in a State or federal court
5		of a principal officer or agent-in-charge of a felony
6		offense in accordance with Sections 2105-131, 2105-135,
7		and 2105-205 of the Department of Professional Regulation
8		Law of the Civil Administrative Code of Illinois;
9		(11) Excessive use of or addiction to alcohol,
10		narcotics, stimulants, or any other chemical agent or drug;
11		(12) A finding by the Department of a discrepancy in a
12		Department audit of cannabis;
13		(13) A finding by the Department of a discrepancy in a
14		Department audit of capital or funds;
15		(14) A finding by the Department of acceptance of
16		cannabis from a source other than an Adult Use Cultivation
17		Center, craft grower, infuser, or transporting
18		organization licensed by the Department of Agriculture, or
19		a dispensing organization licensed by the Department;
20		(15) An inability to operate using reasonable
21		judgment, skill, or safety due to physical or mental
22		illness or other impairment or disability, including,
23		without limitation, deterioration through the aging
24		process or loss of motor skills or mental incompetence;
25		(16) Failing to report to the Department within the
26		time frames established, or if not identified, 14 days, of

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1		any adverse action taken against the dispensing
2		organization or an agent by a licensing jurisdiction in any
3		state or any territory of the United States or any foreign
4		jurisdiction, any governmental agency, any law enforcement
5		agency or any court defined in this Section;
6		(17) Any violation of the dispensing organization's
7		policies and procedures submitted to the Department
8		annually as a condition for licensure;
9		(18) Failure to inform the Department of any change of
10		address within 10 business days;
11		(19) Disclosing customer names, personal information,
12		or protected health information in violation of any State
13		or federal law;
14		(20) Operating a dispensary before obtaining a license
15		from the Department;
16		(21) Performing duties authorized by this Act prior to
17		receiving a license to perform such duties;
18		(22) Dispensing cannabis when prohibited by this Act or
19		rules;
20		(23) Any fact or condition that, if it had existed at
21		the time of the original application for the license, would
22		have warranted the denial of the license;
23		(24) Permitting a person without a valid agent
24		identification card to perform licensed activities under
25		this Act;
26		(25) Failure to assign an agent-in-charge as required

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1		by this Article;
2		(26) Failure to provide the training required by
3		paragraph (3) of subsection (i) of Section 15-40 within the
4		provided timeframe;
5		(27) Personnel insufficient in number or unqualified
6		in training or experience to properly operate the
7		dispensary business;
8		(28) Any pattern of activity that causes a harmful
9		impact on the community; and
10		(29) Failing to prevent diversion, theft, or loss of
11		cannabis.
12		(b) All fines and fees imposed under this Section shall be
13		paid within 60 days after the effective date of the order
14		imposing the fine or as otherwise specified in the order.
15		(c) A circuit court order establishing that an
16		agent-in-charge or principal officer holding an agent
17		identification card is subject to involuntary admission as that
18		term is defined in Section 1-119 or 1-119.1 of the Mental
19		Health and Developmental Disabilities Code shall operate as a
20		suspension of that card.
21		(Source: P.A. 101-27, eff. 6-25-19; revised 9-4-19.)
22		(410 ILCS 705/15-155)
23		Sec. 15-155. Unlicensed practice; violation; civil penalty
24		Consent to administrative supervision order.
25		(a) In addition to any other penalty provided by law, any

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1		person who practices, offers to practice, attempts to practice,
2		or holds oneself out to practice as a licensed dispensing
3		organization owner, principal officer, agent-in-charge, or
4		agent without being licensed under this Act shall, in addition
5		to any other penalty provided by law, pay a civil penalty to
6		the Department of Financial and Professional Regulation in an
7		amount not to exceed $10,000 for each offense as determined by
8		the Department. The civil penalty shall be assessed by the
9		Department after a hearing is held in accordance with the
10		provisions set forth in this Act regarding the provision of a
11		hearing for the discipline of a licensee.
12		(b) The Department has the authority and power to
13		investigate any and all unlicensed activity.
14		(c) The civil penalty shall be paid within 60 days after
15		the effective date of the order imposing the civil penalty or
16		in accordance with the order imposing the civil penalty. The
17		order shall constitute a judgment and may be filed and
18		execution had thereon in the same manner as any judgment from
19		any court of this State.
20		In appropriate cases, the Department may resolve a complaint
21		against a licensee or agent through the issuance of a consent
22		order for administrative supervision. A license or agent
23		subject to a consent order shall be considered by the
24		Department to hold a license or registration in good standing.
25		(Source: P.A. 101-27, eff. 6-25-19.)

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1		(410 ILCS 705/20-10)
2		Sec. 20-10. Early Approval of Adult Use Cultivation Center
3		License.
4		(a) Any medical cannabis cultivation center registered and
5		in good standing under the Compassionate Use of Medical
6		Cannabis Pilot Program Act as of the effective date of this Act
7		may, within 60 days of the effective date of this Act but no
8		later than 180 days from the effective date of this Act, apply
9		to the Department of Agriculture for an Early Approval Adult
10		Use Cultivation Center License to produce cannabis and
11		cannabis-infused products at its existing facilities as of the
12		effective date of this Act.
13		(b) A medical cannabis cultivation center seeking issuance
14		of an Early Approval Adult Use Cultivation Center License shall
15		submit an application on forms provided by the Department of
16		Agriculture. The application must meet or include the following
17		qualifications:
18		(1) Payment of a nonrefundable application fee of
19		$100,000 to be deposited into the Cannabis Regulation Fund;
20		(2) Proof of registration as a medical cannabis
21		cultivation center that is in good standing;
22		(3) Submission of the application by the same person or
23		entity that holds the medical cannabis cultivation center
24		registration;
25		(4) Certification that the applicant will comply with
26		the requirements of Section 20-30;

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1		(5) The legal name of the cultivation center;
2		(6) The physical address of the cultivation center;
3		(7) The name, address, social security number, and date
4		of birth of each principal officer and board member of the
5		cultivation center; each of those individuals shall be at
6		least 21 years of age;
7		(8) A nonrefundable Cannabis Business Development Fee
8		equal to 5% of the cultivation center's total sales between
9		June 1, 2018 to June 1, 2019 or $750,000, whichever is
10		less, but at not less than $250,000, to be deposited into
11		the Cannabis Business Development Fund; and
12		(9) A commitment to completing one of the following
13		Social Equity Inclusion Plans provided for in this
14		subsection (b) before the expiration of the Early Approval
15		Adult Use Cultivation Center License:
16		(A) A contribution of 5% of the cultivation
17		center's total sales from June 1, 2018 to June 1, 2019,
18		or $100,000, whichever is less, to one of the
19		following:
20		(i) the Cannabis Business Development Fund.
21		This is in addition to the fee required by item (8)
22		of this subsection (b);
23		(ii) a cannabis industry training or education
24		program at an Illinois community college as
25		defined in the Public Community College Act;
26		(iii) a program that provides job training

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1		services to persons recently incarcerated or that
2		operates in a Disproportionately Impacted Area.
3		(B) Participate as a host in a cannabis business
4		incubator program for at least one year approved by the
5		Department of Commerce and Economic Opportunity, and
6		in which an Early Approval Adult Use Cultivation Center
7		License holder agrees to provide a loan of at least
8		$100,000 and mentorship to incubate, for at least a
9		year, a Social Equity Applicant intending to seek a
10		license or a licensee that qualifies as a Social Equity
11		Applicant. As used in this Section, "incubate" means
12		providing direct financial assistance and training
13		necessary to engage in licensed cannabis industry
14		activity similar to that of the host licensee. The
15		Early Approval Adult Use Cultivation Center License
16		holder or the same entity holding any other licenses
17		issued pursuant to this Act shall not take an ownership
18		stake of greater than 10% in any business receiving
19		incubation services to comply with this subsection. If
20		an Early Approval Adult Use Cultivation Center License
21		holder fails to find a business to incubate to comply
22		with this subsection before its Early Approval Adult
23		Use Cultivation Center License expires, it may opt to
24		meet the requirement of this subsection by completing
25		another item from this subsection prior to the
26		expiration of its Early Approval Adult Use Cultivation

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1		Center License to avoid a penalty.
2		(c) An Early Approval Adult Use Cultivation Center License
3		is valid until March 31, 2021. A cultivation center that
4		obtains an Early Approval Adult Use Cultivation Center License
5		shall receive written or electronic notice 90 days before the
6		expiration of the license that the license will expire, and
7		inform the license holder that it may renew its Early Approval
8		Adult Use Cultivation Center License. The Department of
9		Agriculture shall grant a renewal of an Early Approval Adult
10		Use Cultivation Center License within 60 days of submission of
11		an application if:
12		(1) the cultivation center submits an application and
13		the required renewal fee of $100,000 for an Early Approval
14		Adult Use Cultivation Center License;
15		(2) the Department of Agriculture has not suspended the
16		license of the cultivation center or suspended or revoked
17		the license for violating this Act or rules adopted under
18		this Act; and
19		(3) the cultivation center has completed a Social
20		Equity Inclusion Plan as required by item (9) of subsection
21		(b) of this Section.
22		(c-5) The Early Approval Adult Use Cultivation Center
23		License renewed pursuant to subsection (c) of this Section
24		shall expire March 31, 2022. The Early Approval Adult Use
25		Cultivation Center Licensee shall receive written or
26		electronic notice 90 days before the expiration of the license

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1		that the license will expire, and inform the license holder
2		that it may apply for an Adult Use Cultivation Center License.
3		The Department of Agriculture shall grant an Adult Use
4		Dispensing Organization License within 60 days of an
5		application being deemed complete if the applicant meets all of
6		the criteria in Section 20-21.
7		(d) The license fee required by paragraph (1) of subsection
8		(c) of this Section shall be in addition to any license fee
9		required for the renewal of a registered medical cannabis
10		cultivation center license that expires during the effective
11		period of the Early Approval Adult Use Cultivation Center
12		License.
13		(e) Applicants must submit all required information,
14		including the requirements in subsection (b) of this Section,
15		to the Department of Agriculture. Failure by an applicant to
16		submit all required information may result in the application
17		being disqualified.
18		(f) If the Department of Agriculture receives an
19		application with missing information, the Department may issue
20		a deficiency notice to the applicant. The applicant shall have
21		10 calendar days from the date of the deficiency notice to
22		submit complete information. Applications that are still
23		incomplete after this opportunity to cure may be disqualified.
24		(g) If an applicant meets all the requirements of
25		subsection (b) of this Section, the Department of Agriculture
26		shall issue the Early Approval Adult Use Cultivation Center

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1		License within 14 days of receiving the application unless:
2		(1) The licensee; principal officer, board member, or
3		person having a financial or voting interest of 5% or
4		greater in the licensee; or agent is delinquent in filing
5		any required tax returns or paying any amounts owed to the
6		State of Illinois;
7		(2) The Director of Agriculture determines there is
8		reason, based on an inordinate number of documented
9		compliance violations, the licensee is not entitled to an
10		Early Approval Adult Use Cultivation Center License; or
11		(3) The licensee fails to commit to the Social Equity
12		Inclusion Plan.
13		(h) A cultivation center may begin producing cannabis and
14		cannabis-infused products once the Early Approval Adult Use
15		Cultivation Center License is approved. A cultivation center
16		that obtains an Early Approval Adult Use Cultivation Center
17		License may begin selling cannabis and cannabis-infused
18		products on December 1, 2019.
19		(i) An Early Approval Adult Use Cultivation Center License
20		holder must continue to produce and provide an adequate supply
21		of cannabis and cannabis-infused products for purchase by
22		qualifying patients and caregivers. For the purposes of this
23		subsection, "adequate supply" means a monthly production level
24		that is comparable in type and quantity to those medical
25		cannabis products produced for patients and caregivers on an
26		average monthly basis for the 6 months before the effective

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1		date of this Act.
2		(j) If there is a shortage of cannabis or cannabis-infused
3		products, a license holder shall prioritize patients
4		registered under the Compassionate Use of Medical Cannabis
5		Pilot Program Act over adult use purchasers.
6		(k) If an Early Approval Adult Use Cultivation Center
7		licensee fails to submit an application for an Adult Use
8		Cultivation Center License before the expiration of the Early
9		Approval Adult Use Cultivation Center License pursuant to
10		subsection (c-5) of this Section, the cultivation center shall
11		cease adult use cultivation until it receives an Adult Use
12		Cultivation Center License.
13		(l) A cultivation center agent who holds a valid
14		cultivation center agent identification card issued under the
15		Compassionate Use of Medical Cannabis Pilot Program Act and is
16		an officer, director, manager, or employee of the cultivation
17		center licensed under this Section may engage in all activities
18		authorized by this Article to be performed by a cultivation
19		center agent.
20		(m) If the Department of Agriculture suspends or revokes
21		the Early Approval Adult Use Cultivation Center License of a
22		cultivation center that also holds a medical cannabis
23		cultivation center license issued under the Compassionate Use
24		of Medical Cannabis Pilot Program Act, the Department of
25		Agriculture may suspend or revoke the medical cannabis
26		cultivation center license concurrently with the Early

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1		Approval Adult Use Cultivation Center License.
2		(n) All fees or fines collected from an Early Approval
3		Adult Use Cultivation Center License holder as a result of a
4		disciplinary action in the enforcement of this Act shall be
5		deposited into the Cannabis Regulation Fund.
6		(Source: P.A. 101-27, eff. 6-25-19.)
7		(410 ILCS 705/20-15)
8		Sec. 20-15. Conditional Adult Use Cultivation Center
9		application.
10		(a) If the Department of Agriculture makes available
11		additional cultivation center licenses pursuant to Section
12		20-5, applicants for a Conditional Adult Use Cultivation Center
13		License shall electronically submit the following in such form
14		as the Department of Agriculture may direct:
15		(1) the nonrefundable application fee set by rule by
16		the Department of Agriculture, to be deposited into the
17		Cannabis Regulation Fund;
18		(2) the legal name of the cultivation center;
19		(3) the proposed physical address of the cultivation
20		center;
21		(4) the name, address, social security number, and date
22		of birth of each principal officer and board member of the
23		cultivation center; each principal officer and board
24		member shall be at least 21 years of age;
25		(5) the details of any administrative or judicial

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1		proceeding in which any of the principal officers or board
2		members of the cultivation center (i) pled guilty, were
3		convicted, were fined, or had a registration or license
4		suspended or revoked, or (ii) managed or served on the
5		board of a business or non-profit organization that pled
6		guilty, was convicted, was fined, or had a registration or
7		license suspended or revoked;
8		(6) proposed operating bylaws that include procedures
9		for the oversight of the cultivation center, including the
10		development and implementation of a plant monitoring
11		system, accurate recordkeeping, staffing plan, and
12		security plan approved by the Department of State Police
13		that are in accordance with the rules issued by the
14		Department of Agriculture under this Act. A physical
15		inventory shall be performed of all plants and cannabis on
16		a weekly basis by the cultivation center;
17		(7) verification from the Department of State Police
18		that all background checks of the prospective principal
19		officers, board members, and agents of the cannabis
20		business establishment have been conducted;
21		(8) a copy of the current local zoning ordinance or
22		permit and verification that the proposed cultivation
23		center is in compliance with the local zoning rules and
24		distance limitations established by the local
25		jurisdiction;
26		(9) proposed employment practices, in which the

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1		applicant must demonstrate a plan of action to inform,
2		hire, and educate minorities, women, veterans, and persons
3		with disabilities, engage in fair labor practices, and
4		provide worker protections;
5		(10) whether an applicant can demonstrate experience
6		in or business practices that promote economic empowerment
7		in Disproportionately Impacted Areas;
8		(11) experience with the cultivation of agricultural
9		or horticultural products, operating an agriculturally
10		related business, or operating a horticultural business;
11		(12) a description of the enclosed, locked facility
12		where cannabis will be grown, harvested, manufactured,
13		processed, packaged, or otherwise prepared for
14		distribution to a dispensing organization;
15		(13) a survey of the enclosed, locked facility,
16		including the space used for cultivation;
17		(14) cultivation, processing, inventory, and packaging
18		plans;
19		(15) a description of the applicant's experience with
20		agricultural cultivation techniques and industry
21		standards;
22		(16) a list of any academic degrees, certifications, or
23		relevant experience of all prospective principal officers,
24		board members, and agents of the related business;
25		(17) the identity of every person having a financial or
26		voting interest of 5% or greater in the cultivation center

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1		operation with respect to which the license is sought,
2		whether a trust, corporation, partnership, limited
3		liability company, or sole proprietorship, including the
4		name and address of each person;
5		(18) a plan describing how the cultivation center will
6		address each of the following:
7		(i) energy needs, including estimates of monthly
8		electricity and gas usage, to what extent it will
9		procure energy from a local utility or from on-site
10		generation, and if it has or will adopt a sustainable
11		energy use and energy conservation policy;
12		(ii) water needs, including estimated water draw
13		and if it has or will adopt a sustainable water use and
14		water conservation policy; and
15		(iii) waste management, including if it has or will
16		adopt a waste reduction policy;
17		(19) a diversity plan that includes a narrative of not
18		more than 2,500 words that establishes a goal of diversity
19		in ownership, management, employment, and contracting to
20		ensure that diverse participants and groups are afforded
21		equality of opportunity;
22		(20) any other information required by rule;
23		(21) a recycling plan:
24		(A) Purchaser packaging, including cartridges,
25		shall be accepted by the applicant and recycled.
26		(B) Any recyclable waste generated by the cannabis

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1		cultivation facility shall be recycled per applicable
2		State and local laws, ordinances, and rules.
3		(C) Any cannabis waste, liquid waste, or hazardous
4		waste shall be disposed of in accordance with 8 Ill.
5		Adm. Code 1000.460, except, to the greatest extent
6		feasible, all cannabis plant waste will be rendered
7		unusable by grinding and incorporating the cannabis
8		plant waste with compostable mixed waste to be disposed
9		of in accordance with 8 Ill. Adm. Code 1000.460(g)(1);
10		(22) commitment to comply with local waste provisions:
11		a cultivation facility must remain in compliance with
12		applicable State and federal environmental requirements,
13		including, but not limited to:
14		(A) storing, securing, and managing all
15		recyclables and waste, including organic waste
16		composed of or containing finished cannabis and
17		cannabis products, in accordance with applicable State
18		and local laws, ordinances, and rules; and
19		(B) disposing Disposing liquid waste containing
20		cannabis or byproducts of cannabis processing in
21		compliance with all applicable State and federal
22		requirements, including, but not limited to, the
23		cannabis cultivation facility's permits under Title X
24		of the Environmental Protection Act; and
25		(23) a commitment to a technology standard for resource
26		efficiency of the cultivation center facility.

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1		(A) A cannabis cultivation facility commits to use
2		resources efficiently, including energy and water. For
3		the following, a cannabis cultivation facility commits
4		to meet or exceed the technology standard identified in
5		items (i), (ii), (iii), and (iv), which may be modified
6		by rule:
7		(i) lighting systems, including light bulbs;
8		(ii) HVAC system;
9		(iii) water application system to the crop;
10		and
11		(iv) filtration system for removing
12		contaminants from wastewater.
13		(B) Lighting. The Lighting Power Densities (LPD)
14		for cultivation space commits to not exceed an average
15		of 36 watts per gross square foot of active and growing
16		space canopy, or all installed lighting technology
17		shall meet a photosynthetic photon efficacy (PPE) of no
18		less than 2.2 micromoles per joule fixture and shall be
19		featured on the DesignLights Consortium (DLC)
20		Horticultural Specification Qualified Products List
21		(QPL). In the event that DLC requirement for minimum
22		efficacy exceeds 2.2 micromoles per joule fixture,
23		that PPE shall become the new standard.
24		(C) HVAC.
25		(i) For cannabis grow operations with less
26		than 6,000 square feet of canopy, the licensee

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1		commits that all HVAC units will be
2		high-efficiency ductless split HVAC units, or
3		other more energy efficient equipment.
4		(ii) For cannabis grow operations with 6,000
5		square feet of canopy or more, the licensee commits
6		that all HVAC units will be variable refrigerant
7		flow HVAC units, or other more energy efficient
8		equipment.
9		(D) Water application.
10		(i) The cannabis cultivation facility commits
11		to use automated watering systems, including, but
12		not limited to, drip irrigation and flood tables,
13		to irrigate cannabis crop.
14		(ii) The cannabis cultivation facility commits
15		to measure runoff from watering events and report
16		this volume in its water usage plan, and that on
17		average, watering events shall have no more than
18		20% of runoff of water.
19		(E) Filtration. The cultivator commits that HVAC
20		condensate, dehumidification water, excess runoff, and
21		other wastewater produced by the cannabis cultivation
22		facility shall be captured and filtered to the best of
23		the facility's ability to achieve the quality needed to
24		be reused in subsequent watering rounds.
25		(F) Reporting energy use and efficiency as
26		required by rule.

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1		(b) Applicants must submit all required information,
2		including the information required in Section 20-10, to the
3		Department of Agriculture. Failure by an applicant to submit
4		all required information may result in the application being
5		disqualified.
6		(c) If the Department of Agriculture receives an
7		application with missing information, the Department of
8		Agriculture may issue a deficiency notice to the applicant. The
9		applicant shall have 10 calendar days from the date of the
10		deficiency notice to resubmit the incomplete information.
11		Applications that are still incomplete after this opportunity
12		to cure will not be scored and will be disqualified.
13		(e) A cultivation center that is awarded a Conditional
14		Adult Use Cultivation Center License pursuant to the criteria
15		in Section 20-20 shall not grow, purchase, possess, or sell
16		cannabis or cannabis-infused products until the person has
17		received an Adult Use Cultivation Center License issued by the
18		Department of Agriculture pursuant to Section 20-21 of this
19		Act.
20		(Source: P.A. 101-27, eff. 6-25-19; revised 9-10-19.)
21		(410 ILCS 705/20-20)
22		Sec. 20-20. Conditional Adult Use License scoring
23		applications.
24		(a) The Department of Agriculture shall by rule develop a
25		system to score cultivation center applications to

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1		administratively rank applications based on the clarity,
2		organization, and quality of the applicant's responses to
3		required information. Applicants shall be awarded points based
4		on the following categories:
5		(1) Suitability of the proposed facility;
6		(2) Suitability of employee training plan;
7		(3) Security and recordkeeping;
8		(4) Cultivation plan;
9		(5) Product safety and labeling plan;
10		(6) Business plan;
11		(7) The applicant's status as a Social Equity
12		Applicant, which shall constitute no less than 20% of total
13		available points;
14		(8) Labor and employment practices, which shall
15		constitute no less than 2% of total available points;
16		(9) Environmental plan as described in paragraphs
17		(18), (21), (22), and (23) of subsection (a) of Section
18		20-15;
19		(10) The applicant is 51% or more owned and controlled
20		by an individual or individuals who have been an Illinois
21		resident for the past 5 years as proved by tax records or 2
22		of the following: ;
23		(A) a signed lease agreement that includes the
24		applicant's name;
25		(B) a property deed that includes the applicant's
26		name;

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1		(C) school records;
2		(D) a voter registration card;
3		(E) an Illinois driver's license, an Illinois
4		Identification Card, or an Illinois Person with a
5		Disability Identification Card;
6		(F) a paycheck stub;
7		(G) a utility bill; or
8		(H) any other proof of residency or other
9		information necessary to establish residence as
10		provided by rule;
11		(11) The applicant is 51% or more controlled and owned
12		by an individual or individuals who meet the qualifications
13		of a veteran as defined by Section 45-57 of the Illinois
14		Procurement Code;
15		(12) a diversity plan that includes a narrative of not
16		more than 2,500 words that establishes a goal of diversity
17		in ownership, management, employment, and contracting to
18		ensure that diverse participants and groups are afforded
19		equality of opportunity; and
20		(13) Any other criteria the Department of Agriculture
21		may set by rule for points.
22		(b) The Department may also award bonus points for the
23		applicant's plan to engage with the community. Bonus points
24		will only be awarded if the Department receives applications
25		that receive an equal score for a particular region.
26		(c) Should the applicant be awarded a cultivation center

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1		license, the information and plans that an applicant provided
2		in its application, including any plans submitted for the
3		acquiring of bonus points, becomes a mandatory condition of the
4		permit. Any variation from or failure to perform such plans may
5		result in discipline, including the revocation or nonrenewal of
6		a license.
7		(d) Should the applicant be awarded a cultivation center
8		license, it shall pay a fee of $100,000 prior to receiving the
9		license, to be deposited into the Cannabis Regulation Fund. The
10		Department of Agriculture may by rule adjust the fee in this
11		Section after January 1, 2021.
12		(Source: P.A. 101-27, eff. 6-25-19.)
13		(410 ILCS 705/20-30)
14		Sec. 20-30. Cultivation center requirements; prohibitions.
15		(a) The operating documents of a cultivation center shall
16		include procedures for the oversight of the cultivation center
17		a cannabis plant monitoring system including a physical
18		inventory recorded weekly, accurate recordkeeping, and a
19		staffing plan.
20		(b) A cultivation center shall implement a security plan
21		reviewed by the Department of State Police that includes, but
22		is not limited to: facility access controls, perimeter
23		intrusion detection systems, personnel identification systems,
24		24-hour surveillance system to monitor the interior and
25		exterior of the cultivation center facility and accessibility

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1		to authorized law enforcement, the Department of Public Health
2		where processing takes place, and the Department of Agriculture
3		in real time.
4		(c) All cultivation of cannabis by a cultivation center
5		must take place in an enclosed, locked facility at the physical
6		address provided to the Department of Agriculture during the
7		licensing process. The cultivation center location shall only
8		be accessed by the agents working for the cultivation center,
9		the Department of Agriculture staff performing inspections,
10		the Department of Public Health staff performing inspections,
11		local and State law enforcement or other emergency personnel,
12		contractors working on jobs unrelated to cannabis, such as
13		installing or maintaining security devices or performing
14		electrical wiring, transporting organization agents as
15		provided in this Act, individuals in a mentoring or educational
16		program approved by the State, or other individuals as provided
17		by rule.
18		(d) A cultivation center may not sell or distribute any
19		cannabis or cannabis-infused products to any person other than
20		a dispensing organization, craft grower, infuser infusing
21		organization, transporter, or as otherwise authorized by rule.
22		(e) A cultivation center may not either directly or
23		indirectly discriminate in price between different dispensing
24		organizations, craft growers, or infuser organizations that
25		are purchasing a like grade, strain, brand, and quality of
26		cannabis or cannabis-infused product. Nothing in this

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1		subsection (e) prevents a cultivation centers from pricing
2		cannabis differently based on differences in the cost of
3		manufacturing or processing, the quantities sold, such as
4		volume discounts, or the way the products are delivered.
5		(f) All cannabis harvested by a cultivation center and
6		intended for distribution to a dispensing organization must be
7		entered into a data collection system, packaged and labeled
8		under Section 55-21, and placed into a cannabis container for
9		transport. All cannabis harvested by a cultivation center and
10		intended for distribution to a craft grower or infuser
11		organization must be packaged in a labeled cannabis container
12		and entered into a data collection system before transport.
13		(g) Cultivation centers are subject to random inspections
14		by the Department of Agriculture, the Department of Public
15		Health, local safety or health inspectors, and the Department
16		of State Police.
17		(h) A cultivation center agent shall notify local law
18		enforcement, the Department of State Police, and the Department
19		of Agriculture within 24 hours of the discovery of any loss or
20		theft. Notification shall be made by phone or in person, or by
21		written or electronic communication.
22		(i) A cultivation center shall comply with all State and
23		any applicable federal rules and regulations regarding the use
24		of pesticides on cannabis plants.
25		(j) No person or entity shall hold any legal, equitable,
26		ownership, or beneficial interest, directly or indirectly, of

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1		more than 3 cultivation centers licensed under this Article.
2		Further, no person or entity that is employed by, an agent of,
3		has a contract to receive payment in any form from a
4		cultivation center, is a principal officer of a cultivation
5		center, or entity controlled by or affiliated with a principal
6		officer of a cultivation shall hold any legal, equitable,
7		ownership, or beneficial interest, directly or indirectly, in a
8		cultivation that would result in the person or entity owning or
9		controlling in combination with any cultivation center,
10		principal officer of a cultivation center, or entity controlled
11		or affiliated with a principal officer of a cultivation center
12		by which he, she, or it is employed, is an agent of, or
13		participates in the management of, more than 3 cultivation
14		center licenses.
15		(k) A cultivation center may not contain more than 210,000
16		square feet of canopy space for plants in the flowering stage
17		for cultivation of adult use cannabis as provided in this Act.
18		(l) A cultivation center may process cannabis, cannabis
19		concentrates, and cannabis-infused products.
20		(m) Beginning July 1, 2020, a cultivation center shall not
21		transport cannabis or cannabis-infused products to a craft
22		grower, dispensing organization, infuser organization, or
23		laboratory licensed under this Act, unless it has obtained a
24		transporting organization license.
25		(n) It is unlawful for any person having a cultivation
26		center license or any officer, associate, member,

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1		representative, or agent of such licensee to offer or deliver
2		money, or anything else of value, directly or indirectly to any
3		person having an Early Approval Adult Use Dispensing
4		Organization License, a Conditional Adult Use Dispensing
5		Organization License, an Adult Use Dispensing Organization
6		License, or a medical cannabis dispensing organization license
7		issued under the Compassionate Use of Medical Cannabis Pilot
8		Program Act, or to any person connected with or in any way
9		representing, or to any member of the family of, such person
10		holding an Early Approval Adult Use Dispensing Organization
11		License, a Conditional Adult Use Dispensing Organization
12		License, an Adult Use Dispensing Organization License, or a
13		medical cannabis dispensing organization license issued under
14		the Compassionate Use of Medical Cannabis Pilot Program Act, or
15		to any stockholders in any corporation engaged in the retail
16		sale of cannabis, or to any officer, manager, agent, or
17		representative of the Early Approval Adult Use Dispensing
18		Organization License, a Conditional Adult Use Dispensing
19		Organization License, an Adult Use Dispensing Organization
20		License, or a medical cannabis dispensing organization license
21		issued under the Compassionate Use of Medical Cannabis Pilot
22		Program Act to obtain preferential placement within the
23		dispensing organization, including, without limitation, on
24		shelves and in display cases where purchasers can view
25		products, or on the dispensing organization's website.
26		(o) A cultivation center must comply with any other

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1		requirements or prohibitions set by administrative rule of the
2		Department of Agriculture.
3		(Source: P.A. 101-27, eff. 6-25-19.)
4		(410 ILCS 705/25-1)
5		(Section scheduled to be repealed on July 1, 2026)
6		Sec. 25-1. Definitions. In this Article:
7		"Board" means the Illinois Community College Board.
8		"Career in Cannabis Certificate" or "Certificate" means
9		the certification awarded to a community college student who
10		completes a prescribed course of study in cannabis and cannabis
11		business industry related classes and curriculum at a community
12		college awarded a Community College Cannabis Vocational Pilot
13		Program license.
14		"Community college" means a public community college
15		organized under the Public Community College Act.
16		"Department" means the Department of Agriculture.
17		"Licensee" means a community college awarded a Community
18		College Cannabis Vocational Pilot Program license under this
19		Article.
20		"Program" means the Community College Cannabis Vocational
21		Pilot Program.
22		"Program license" means a Community College Cannabis
23		Vocational Pilot Program license issued to a community college
24		under this Article.
25		(Source: P.A. 101-27, eff. 6-25-19; revised 8-16-19.)

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1		(410 ILCS 705/25-10)
2		(Section scheduled to be repealed on July 1, 2026)
3		Sec. 25-10. Issuance of Community College Cannabis
4		Vocational Pilot Program licenses.
5		(a) The Department shall issue rules regulating the
6		selection criteria for applicants by January 1, 2020. The
7		Department shall make the application for a Program license
8		available no later than February 1, 2020, and shall require
9		that applicants submit the completed application no later than
10		July 1, 2020. If the Department issues fewer than 8 Program
11		licenses by September 1, 2020, the Department may accept
12		applications at a future date as prescribed by rule.
13		(b) The Department shall by rule develop a system to score
14		Program licenses to administratively rank applications based
15		on the clarity, organization, and quality of the applicant's
16		responses to required information. Applicants shall be awarded
17		points that are based on or that meet the following categories:
18		(1) Geographic diversity of the applicants;
19		(2) Experience and credentials of the applicant's
20		faculty;
21		(3) At least 5 Program license awardees must have a
22		student population that is more than 50% low-income in each
23		of the past 4 years;
24		(4) Security plan, including a requirement that all
25		cannabis plants be in an enclosed, locked facility;

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1		(5) Curriculum plan, including processing and testing
2		curriculum for the Career in Cannabis Certificate;
3		(6) Career advising and placement plan for
4		participating students; and
5		(7) Any other criteria the Department may set by rule.
6		(Source: P.A. 101-27, eff. 6-25-19.)
7		(410 ILCS 705/30-5)
8		Sec. 30-5. Issuance of licenses.
9		(a) The Department of Agriculture shall issue up to 40
10		craft grower licenses by July 1, 2020. Any person or entity
11		awarded a license pursuant to this subsection shall only hold
12		one craft grower license and may not sell that license until
13		after December 21, 2021.
14		(b) By December 21, 2021, the Department of Agriculture
15		shall issue up to 60 additional craft grower licenses. Any
16		person or entity awarded a license pursuant to this subsection
17		shall not hold more than 2 craft grower licenses. The person or
18		entity awarded a license pursuant to this subsection or
19		subsection (a) of this Section may sell its craft grower
20		license subject to the restrictions of this Act or as
21		determined by administrative rule. Prior to issuing such
22		licenses, the Department may adopt rules through emergency
23		rulemaking in accordance with subsection (gg) of Section 5-45
24		of the Illinois Administrative Procedure Act, to modify or
25		raise the number of craft grower licenses assigned to each

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1		region and modify or change the licensing application process
2		to reduce or eliminate barriers. The General Assembly finds
3		that the adoption of rules to regulate cannabis use is deemed
4		an emergency and necessary for the public interest, safety, and
5		welfare. In determining whether to exercise the authority
6		granted by this subsection, the Department of Agriculture must
7		consider the following factors:
8		(1) the percentage of cannabis sales occurring in
9		Illinois not in the regulated market using data from the
10		Substance Abuse and Mental Health Services Administration,
11		National Survey on Drug Use and Health, Illinois Behavioral
12		Risk Factor Surveillance System, and tourism data from the
13		Illinois Office of Tourism to ascertain total cannabis
14		consumption in Illinois compared to the amount of sales in
15		licensed dispensing organizations;
16		(2) whether there is an adequate supply of cannabis and
17		cannabis-infused products to serve registered medical
18		cannabis patients;
19		(3) whether there is an adequate supply of cannabis and
20		cannabis-infused products to serve purchasers;
21		(4) whether there is an oversupply of cannabis in
22		Illinois leading to trafficking of cannabis to states where
23		the sale of cannabis is not permitted by law;
24		(5) population increases or shifts;
25		(6) the density of craft growers in any area of the
26		State;

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1		(7) perceived security risks of increasing the number
2		or location of craft growers;
3		(8) the past safety record of craft growers;
4		(9) the Department of Agriculture's capacity to
5		appropriately regulate additional licensees;
6		(10) the findings and recommendations from the
7		disparity and availability study commissioned by the
8		Illinois Cannabis Regulation Oversight Officer to reduce
9		or eliminate any identified barriers to entry in the
10		cannabis industry; and
11		(11) any other criteria the Department of Agriculture
12		deems relevant.
13		(c) After January 1, 2022, the Department of Agriculture
14		may by rule modify or raise the number of craft grower licenses
15		assigned to each region, and modify or change the licensing
16		application process to reduce or eliminate barriers based on
17		the criteria in subsection (b). At no time may the number of
18		craft grower licenses exceed 150. Any person or entity awarded
19		a license pursuant to this subsection shall not hold more than
20		3 craft grower licenses. A person or entity awarded a license
21		pursuant to this subsection or subsection (a) or subsection (b)
22		of this Section may sell its craft grower license or licenses
23		subject to the restrictions of this Act or as determined by
24		administrative rule.
25		(Source: P.A. 101-27, eff. 6-25-19.)

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1		(410 ILCS 705/30-10)
2		Sec. 30-10. Application.
3		(a) When applying for a license, the applicant shall
4		electronically submit the following in such form as the
5		Department of Agriculture may direct:
6		(1) the nonrefundable application fee of $5,000 to be
7		deposited into the Cannabis Regulation Fund, or another
8		amount as the Department of Agriculture may set by rule
9		after January 1, 2021;
10		(2) the legal name of the craft grower;
11		(3) the proposed physical address of the craft grower;
12		(4) the name, address, social security number, and date
13		of birth of each principal officer and board member of the
14		craft grower; each principal officer and board member shall
15		be at least 21 years of age;
16		(5) the details of any administrative or judicial
17		proceeding in which any of the principal officers or board
18		members of the craft grower (i) pled guilty, were
19		convicted, were fined, or had a registration or license
20		suspended or revoked or (ii) managed or served on the board
21		of a business or non-profit organization that pled guilty,
22		was convicted, was fined, or had a registration or license
23		suspended or revoked;
24		(6) proposed operating bylaws that include procedures
25		for the oversight of the craft grower, including the
26		development and implementation of a plant monitoring

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1		system, accurate recordkeeping, staffing plan, and
2		security plan approved by the Department of State Police
3		that are in accordance with the rules issued by the
4		Department of Agriculture under this Act; a physical
5		inventory shall be performed of all plants and on a weekly
6		basis by the craft grower;
7		(7) verification from the Department of State Police
8		that all background checks of the prospective principal
9		officers, board members, and agents of the cannabis
10		business establishment have been conducted;
11		(8) a copy of the current local zoning ordinance or
12		permit and verification that the proposed craft grower is
13		in compliance with the local zoning rules and distance
14		limitations established by the local jurisdiction;
15		(9) proposed employment practices, in which the
16		applicant must demonstrate a plan of action to inform,
17		hire, and educate minorities, women, veterans, and persons
18		with disabilities, engage in fair labor practices, and
19		provide worker protections;
20		(10) whether an applicant can demonstrate experience
21		in or business practices that promote economic empowerment
22		in Disproportionately Impacted Areas;
23		(11) experience with the cultivation of agricultural
24		or horticultural products, operating an agriculturally
25		related business, or operating a horticultural business;
26		(12) a description of the enclosed, locked facility

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1		where cannabis will be grown, harvested, manufactured,
2		packaged, or otherwise prepared for distribution to a
3		dispensing organization or other cannabis business
4		establishment;
5		(13) a survey of the enclosed, locked facility,
6		including the space used for cultivation;
7		(14) cultivation, processing, inventory, and packaging
8		plans;
9		(15) a description of the applicant's experience with
10		agricultural cultivation techniques and industry
11		standards;
12		(16) a list of any academic degrees, certifications, or
13		relevant experience of all prospective principal officers,
14		board members, and agents of the related business;
15		(17) the identity of every person having a financial or
16		voting interest of 5% or greater in the craft grower
17		operation, whether a trust, corporation, partnership,
18		limited liability company, or sole proprietorship,
19		including the name and address of each person;
20		(18) a plan describing how the craft grower will
21		address each of the following:
22		(i) energy needs, including estimates of monthly
23		electricity and gas usage, to what extent it will
24		procure energy from a local utility or from on-site
25		generation, and if it has or will adopt a sustainable
26		energy use and energy conservation policy;

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1		(ii) water needs, including estimated water draw
2		and if it has or will adopt a sustainable water use and
3		water conservation policy; and
4		(iii) waste management, including if it has or will
5		adopt a waste reduction policy;
6		(19) a recycling plan:
7		(A) Purchaser packaging, including cartridges,
8		shall be accepted by the applicant and recycled.
9		(B) Any recyclable waste generated by the craft
10		grower facility shall be recycled per applicable State
11		and local laws, ordinances, and rules.
12		(C) Any cannabis waste, liquid waste, or hazardous
13		waste shall be disposed of in accordance with 8 Ill.
14		Adm. Code 1000.460, except, to the greatest extent
15		feasible, all cannabis plant waste will be rendered
16		unusable by grinding and incorporating the cannabis
17		plant waste with compostable mixed waste to be disposed
18		of in accordance with 8 Ill. Adm. Code 1000.460(g)(1); .
19		(20) a commitment to comply with local waste
20		provisions: a craft grower facility must remain in
21		compliance with applicable State and federal environmental
22		requirements, including, but not limited to:
23		(A) storing, securing, and managing all
24		recyclables and waste, including organic waste
25		composed of or containing finished cannabis and
26		cannabis products, in accordance with applicable State

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1		and local laws, ordinances, and rules; and
2		(B) disposing Disposing liquid waste containing
3		cannabis or byproducts of cannabis processing in
4		compliance with all applicable State and federal
5		requirements, including, but not limited to, the
6		cannabis cultivation facility's permits under Title X
7		of the Environmental Protection Act; .
8		(21) a commitment to a technology standard for resource
9		efficiency of the craft grower facility.
10		(A) A craft grower facility commits to use
11		resources efficiently, including energy and water. For
12		the following, a cannabis cultivation facility commits
13		to meet or exceed the technology standard identified in
14		paragraphs (i), (ii), (iii), and (iv), which may be
15		modified by rule:
16		(i) lighting systems, including light bulbs;
17		(ii) HVAC system;
18		(iii) water application system to the crop;
19		and
20		(iv) filtration system for removing
21		contaminants from wastewater.
22		(B) Lighting. The Lighting Power Densities (LPD)
23		for cultivation space commits to not exceed an average
24		of 36 watts per gross square foot of active and growing
25		space canopy, or all installed lighting technology
26		shall meet a photosynthetic photon efficacy (PPE) of no

SB1557 Enrolled - 287 - LRB101 08168 SMS 53234 b
1		less than 2.2 micromoles per joule fixture and shall be
2		featured on the DesignLights Consortium (DLC)
3		Horticultural Specification Qualified Products List
4		(QPL). In the event that DLC requirement for minimum
5		efficacy exceeds 2.2 micromoles per joule fixture,
6		that PPE shall become the new standard.
7		(C) HVAC.
8		(i) For cannabis grow operations with less
9		than 6,000 square feet of canopy, the licensee
10		commits that all HVAC units will be
11		high-efficiency ductless split HVAC units, or
12		other more energy efficient equipment.
13		(ii) For cannabis grow operations with 6,000
14		square feet of canopy or more, the licensee commits
15		that all HVAC units will be variable refrigerant
16		flow HVAC units, or other more energy efficient
17		equipment.
18		(D) Water application.
19		(i) The craft grower facility commits to use
20		automated watering systems, including, but not
21		limited to, drip irrigation and flood tables, to
22		irrigate cannabis crop.
23		(ii) The craft grower facility commits to
24		measure runoff from watering events and report
25		this volume in its water usage plan, and that on
26		average, watering events shall have no more than

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1		20% of runoff of water.
2		(E) Filtration. The craft grower commits that HVAC
3		condensate, dehumidification water, excess runoff, and
4		other wastewater produced by the craft grower facility
5		shall be captured and filtered to the best of the
6		facility's ability to achieve the quality needed to be
7		reused in subsequent watering rounds.
8		(F) Reporting energy use and efficiency as
9		required by rule; and
10		(22) any other information required by rule.
11		(b) Applicants must submit all required information,
12		including the information required in Section 30-15, to the
13		Department of Agriculture. Failure by an applicant to submit
14		all required information may result in the application being
15		disqualified.
16		(c) If the Department of Agriculture receives an
17		application with missing information, the Department of
18		Agriculture may issue a deficiency notice to the applicant. The
19		applicant shall have 10 calendar days from the date of the
20		deficiency notice to resubmit the incomplete information.
21		Applications that are still incomplete after this opportunity
22		to cure will not be scored and will be disqualified.
23		(Source: P.A. 101-27, eff. 6-25-19; revised 9-4-19.)
24		(410 ILCS 705/30-15)
25		Sec. 30-15. Scoring applications.

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1		(a) The Department of Agriculture shall by rule develop a
2		system to score craft grower applications to administratively
3		rank applications based on the clarity, organization, and
4		quality of the applicant's responses to required information.
5		Applicants shall be awarded points based on the following
6		categories:
7		(1) Suitability of the proposed facility;
8		(2) Suitability of the employee training plan;
9		(3) Security and recordkeeping;
10		(4) Cultivation plan;
11		(5) Product safety and labeling plan;
12		(6) Business plan;
13		(7) The applicant's status as a Social Equity
14		Applicant, which shall constitute no less than 20% of total
15		available points;
16		(8) Labor and employment practices, which shall
17		constitute no less than 2% of total available points;
18		(9) Environmental plan as described in paragraphs
19		(18), (19), (20), and (21) of subsection (a) of Section
20		30-10;
21		(10) The applicant is 51% or more owned and controlled
22		by an individual or individuals who have been an Illinois
23		resident for the past 5 years as proved by tax records or 2
24		of the following: ;
25		(A) a signed lease agreement that includes the
26		applicant's name;

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1		(B) a property deed that includes the applicant's
2		name;
3		(C) school records;
4		(D) a voter registration card;
5		(E) an Illinois driver's license, an Illinois
6		Identification Card, or an Illinois Person with a
7		Disability Identification Card;
8		(F) a paycheck stub;
9		(G) a utility bill; or
10		(H) any other proof of residency or other
11		information necessary to establish residence as
12		provided by rule;
13		(11) The applicant is 51% or more controlled and owned
14		by an individual or individuals who meet the qualifications
15		of a veteran as defined in Section 45-57 of the Illinois
16		Procurement Code;
17		(12) A diversity plan that includes a narrative of not
18		more than 2,500 words that establishes a goal of diversity
19		in ownership, management, employment, and contracting to
20		ensure that diverse participants and groups are afforded
21		equality of opportunity; and
22		(13) Any other criteria the Department of Agriculture
23		may set by rule for points.
24		(b) The Department may also award up to 2 bonus points for
25		the applicant's plan to engage with the community. The
26		applicant may demonstrate a desire to engage with its community

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1		by participating in one or more of, but not limited to, the
2		following actions: (i) establishment of an incubator program
3		designed to increase participation in the cannabis industry by
4		persons who would qualify as Social Equity Applicants; (ii)
5		providing financial assistance to substance abuse treatment
6		centers; (iii) educating children and teens about the potential
7		harms of cannabis use; or (iv) other measures demonstrating a
8		commitment to the applicant's community. Bonus points will only
9		be awarded if the Department receives applications that receive
10		an equal score for a particular region.
11		(c) Should the applicant be awarded a craft grower license,
12		the information and plans that an applicant provided in its
13		application, including any plans submitted for the acquiring of
14		bonus points, shall be a mandatory condition of the license.
15		Any variation from or failure to perform such plans may result
16		in discipline, including the revocation or nonrenewal of a
17		license.
18		(d) Should the applicant be awarded a craft grower license,
19		the applicant shall pay a prorated fee of $40,000 prior to
20		receiving the license, to be deposited into the Cannabis
21		Regulation Fund. The Department of Agriculture may by rule
22		adjust the fee in this Section after January 1, 2021.
23		(Source: P.A. 101-27, eff. 6-25-19.)
24		(410 ILCS 705/30-30)
25		Sec. 30-30. Craft grower requirements; prohibitions.

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1		(a) The operating documents of a craft grower shall include
2		procedures for the oversight of the craft grower, a cannabis
3		plant monitoring system including a physical inventory
4		recorded weekly, accurate recordkeeping, and a staffing plan.
5		(b) A craft grower shall implement a security plan reviewed
6		by the Department of State Police that includes, but is not
7		limited to: facility access controls, perimeter intrusion
8		detection systems, personnel identification systems, and a
9		24-hour surveillance system to monitor the interior and
10		exterior of the craft grower facility and that is accessible to
11		authorized law enforcement and the Department of Agriculture in
12		real time.
13		(c) All cultivation of cannabis by a craft grower 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 craft grower location shall only be accessed by
17		the agents working for the craft grower, the Department of
18		Agriculture staff performing inspections, the Department of
19		Public Health staff performing inspections, State and local law
20		enforcement or other emergency personnel, contractors working
21		on jobs unrelated to cannabis, such as installing or
22		maintaining security devices or performing electrical wiring,
23		transporting organization agents as provided in this Act, or
24		participants in the incubator program, individuals in a
25		mentoring or educational program approved by the State, or
26		other individuals as provided by rule. However, if a craft

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1		grower shares a premises with an infuser or dispensing
2		organization, agents from those other licensees may access the
3		craft grower portion of the premises if that is the location of
4		common bathrooms, lunchrooms, locker rooms, or other areas of
5		the building where work or cultivation of cannabis is not
6		performed. At no time may an infuser or dispensing organization
7		agent perform work at a craft grower without being a registered
8		agent of the craft grower.
9		(d) A craft grower may not sell or distribute any cannabis
10		to any person other than a cultivation center, a craft grower,
11		an infuser organization, a dispensing organization, or as
12		otherwise authorized by rule.
13		(e) A craft grower may not be located in an area zoned for
14		residential use.
15		(f) A craft grower may not either directly or indirectly
16		discriminate in price between different cannabis business
17		establishments that are purchasing a like grade, strain, brand,
18		and quality of cannabis or cannabis-infused product. Nothing in
19		this subsection (f) prevents a craft grower from pricing
20		cannabis differently based on differences in the cost of
21		manufacturing or processing, the quantities sold, such as
22		volume discounts, or the way the products are delivered.
23		(g) All cannabis harvested by a craft grower and intended
24		for distribution to a dispensing organization must be entered
25		into a data collection system, packaged and labeled under
26		Section 55-21, and, if distribution is to a dispensing

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1		organization that does not share a premises with the dispensing
2		organization receiving the cannabis, placed into a cannabis
3		container for transport. All cannabis harvested by a craft
4		grower and intended for distribution to a cultivation center,
5		to an infuser organization, or to a craft grower with which it
6		does not share a premises, must be packaged in a labeled
7		cannabis container and entered into a data collection system
8		before transport.
9		(h) Craft growers are subject to random inspections by the
10		Department of Agriculture, local safety or health inspectors,
11		and the Department of State Police.
12		(i) A craft grower agent shall notify local law
13		enforcement, the Department of State Police, and the Department
14		of Agriculture within 24 hours of the discovery of any loss or
15		theft. Notification shall be made by phone, in person, or
16		written or electronic communication.
17		(j) A craft grower shall comply with all State and any
18		applicable federal rules and regulations regarding the use of
19		pesticides.
20		(k) A craft grower or craft grower agent shall not
21		transport cannabis or cannabis-infused products to any other
22		cannabis business establishment without a transport
23		organization license unless:
24		(i) If the craft grower is located in a county with a
25		population of 3,000,000 or more, the cannabis business
26		establishment receiving the cannabis is within 2,000 feet

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1		of the property line of the craft grower;
2		(ii) If the craft grower is located in a county with a
3		population of more than 700,000 but fewer than 3,000,000,
4		the cannabis business establishment receiving the cannabis
5		is within 2 miles of the craft grower; or
6		(iii) If the craft grower is located in a county with a
7		population of fewer than the 700,000, the cannabis business
8		establishment receiving the cannabis is within 15 miles of
9		the craft grower.
10		(l) A craft grower may enter into a contract with a
11		transporting organization to transport cannabis to a
12		cultivation center, a craft grower, an infuser organization, a
13		dispensing organization, or a laboratory.
14		(m) No person or entity shall hold any legal, equitable,
15		ownership, or beneficial interest, directly or indirectly, of
16		more than 3 craft grower licenses. Further, no person or entity
17		that is employed by, an agent of, or has a contract to receive
18		payment from or participate in the management of a craft
19		grower, is a principal officer of a craft grower, or entity
20		controlled by or affiliated with a principal officer of a craft
21		grower shall hold any legal, equitable, ownership, or
22		beneficial interest, directly or indirectly, in a craft grower
23		license that would result in the person or entity owning or
24		controlling in combination with any craft grower, principal
25		officer of a craft grower, or entity controlled or affiliated
26		with a principal officer of a craft grower by which he, she, or

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1		it is employed, is an agent of, or participates in the
2		management of more than 3 craft grower licenses.
3		(n) It is unlawful for any person having a craft grower
4		license or any officer, associate, member, representative, or
5		agent of the licensee to offer or deliver money, or anything
6		else of value, directly or indirectly, to any person having an
7		Early Approval Adult Use Dispensing Organization License, a
8		Conditional Adult Use Dispensing Organization License, an
9		Adult Use Dispensing Organization License, or a medical
10		cannabis dispensing organization license issued under the
11		Compassionate Use of Medical Cannabis Pilot Program Act, or to
12		any person connected with or in any way representing, or to any
13		member of the family of, the person holding an Early Approval
14		Adult Use Dispensing Organization License, a Conditional Adult
15		Use Dispensing Organization License, an Adult Use Dispensing
16		Organization License, or a medical cannabis dispensing
17		organization license issued under the Compassionate Use of
18		Medical Cannabis Pilot Program Act, or to any stockholders in
19		any corporation engaged in the retail sale of cannabis, or to
20		any officer, manager, agent, or representative of the Early
21		Approval Adult Use Dispensing Organization License, a
22		Conditional Adult Use Dispensing Organization License, an
23		Adult Use Dispensing Organization License, or a medical
24		cannabis dispensing organization license issued under the
25		Compassionate Use of Medical Cannabis Pilot Program Act to
26		obtain preferential placement within the dispensing

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1		organization, including, without limitation, on shelves and in
2		display cases where purchasers can view products, or on the
3		dispensing organization's website.
4		(o) A craft grower shall not be located within 1,500 feet
5		of another craft grower or a cultivation center.
6		(p) A craft graft grower may process cannabis, cannabis
7		concentrates, and cannabis-infused products.
8		(q) A craft grower must comply with any other requirements
9		or prohibitions set by administrative rule of the Department of
10		Agriculture.
11		(Source: P.A. 101-27, eff. 6-25-19; revised 9-10-19.)
12		(410 ILCS 705/35-5)
13		Sec. 35-5. Issuance of licenses.
14		(a) The Department of Agriculture shall issue up to 40
15		infuser licenses through a process provided for in this Article
16		no later than July 1, 2020.
17		(b) The Department of Agriculture shall make the
18		application for infuser licenses available on January 7, 2020,
19		or if that date falls on a weekend or holiday, the business day
20		immediately succeeding the weekend or holiday and every January
21		7 or succeeding business day thereafter, and shall receive such
22		applications no later than March 15, 2020, or, if that date
23		falls on a weekend or holiday, the business day immediately
24		succeeding the weekend or holiday and every March 15 or
25		succeeding business day thereafter.

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1		(c) By December 21, 2021, the Department of Agriculture may
2		issue up to 60 additional infuser licenses. Prior to issuing
3		such licenses, the Department may adopt rules through emergency
4		rulemaking in accordance with subsection (gg) of Section 5-45
5		of the Illinois Administrative Procedure Act, to modify or
6		raise the number of infuser licenses and modify or change the
7		licensing application process to reduce or eliminate barriers.
8		The General Assembly finds that the adoption of rules to
9		regulate cannabis use is deemed an emergency and necessary for
10		the public interest, safety, and welfare.
11		In determining whether to exercise the authority granted by
12		this subsection, the Department of Agriculture must consider
13		the following factors:
14		(1) the percentage of cannabis sales occurring in
15		Illinois not in the regulated market using data from the
16		Substance Abuse and Mental Health Services Administration,
17		National Survey on Drug Use and Health, Illinois Behavioral
18		Risk Factor Surveillance System, and tourism data from the
19		Illinois Office of Tourism to ascertain total cannabis
20		consumption in Illinois compared to the amount of sales in
21		licensed dispensing organizations;
22		(2) whether there is an adequate supply of cannabis and
23		cannabis-infused products to serve registered medical
24		cannabis patients;
25		(3) whether there is an adequate supply of cannabis and
26		cannabis-infused products to serve sere purchasers; :

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1		(4) whether there is an oversupply of cannabis in
2		Illinois leading to trafficking of cannabis to any other
3		state;
4		(5) population increases or shifts;
5		(6) changes to federal law;
6		(7) perceived security risks of increasing the number
7		or location of infuser organizations;
8		(8) the past security records of infuser
9		organizations;
10		(9) the Department of Agriculture's capacity to
11		appropriately regulate additional licenses;
12		(10) the findings and recommendations from the
13		disparity and availability study commissioned by the
14		Illinois Cannabis Regulation Oversight Officer to reduce
15		or eliminate any identified barriers to entry in the
16		cannabis industry; and
17		(11) any other criteria the Department of Agriculture
18		deems relevant.
19		(d) After January 1, 2022, the Department of Agriculture
20		may by rule modify or raise the number of infuser licenses, and
21		modify or change the licensing application process to reduce or
22		eliminate barriers based on the criteria in subsection (c).
23		(Source: P.A. 101-27, eff. 6-25-19; revised 9-10-19.)
24		(410 ILCS 705/35-15)
25		Sec. 35-15. Issuing licenses.

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1		(a) The Department of Agriculture shall by rule develop a
2		system to score infuser applications to administratively rank
3		applications based on the clarity, organization, and quality of
4		the applicant's responses to required information. Applicants
5		shall be awarded points based on the following categories:
6		(1) Suitability of the proposed facility;
7		(2) Suitability of the employee training plan;
8		(3) Security and recordkeeping plan;
9		(4) Infusing plan;
10		(5) Product safety and labeling plan;
11		(6) Business plan;
12		(7) The applicant's status as a Social Equity
13		Applicant, which shall constitute no less than 20% of total
14		available points;
15		(8) Labor and employment practices, which shall
16		constitute no less than 2% of total available points;
17		(9) Environmental plan as described in paragraphs (17)
18		and (18) of subsection (a) of Section 35-10;
19		(10) The applicant is 51% or more owned and controlled
20		by an individual or individuals who have been an Illinois
21		resident for the past 5 years as proved by tax records or 2
22		of the following: ;
23		(A) a signed lease agreement that includes the
24		applicant's name;
25		(B) a property deed that includes the applicant's
26		name;

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1		(C) school records;
2		(D) a voter registration card;
3		(E) an Illinois driver's license, an Illinois
4		Identification Card, or an Illinois Person with a
5		Disability Identification Card;
6		(F) a paycheck stub;
7		(G) a utility bill; or
8		(H) any other proof of residency or other
9		information necessary to establish residence as
10		provided by rule;
11		(11) The applicant is 51% or more controlled and owned
12		by an individual or individuals who meet the qualifications
13		of a veteran as defined by Section 45-57 of the Illinois
14		Procurement Code; and
15		(12) A diversity plan that includes a narrative of not
16		more than 2,500 words that establishes a goal of diversity
17		in ownership, management, employment, and contracting to
18		ensure that diverse participants and groups are afforded
19		equality of opportunity; and
20		(13) Any other criteria the Department of Agriculture
21		may set by rule for points.
22		(b) The Department may also award up to 2 bonus points for
23		the applicant's plan to engage with the community. The
24		applicant may demonstrate a desire to engage with its community
25		by participating in one or more of, but not limited to, the
26		following actions: (i) establishment of an incubator program

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1		designed to increase participation in the cannabis industry by
2		persons who would qualify as Social Equity Applicants; (ii)
3		providing financial assistance to substance abuse treatment
4		centers; (iii) educating children and teens about the potential
5		harms of cannabis use; or (iv) other measures demonstrating a
6		commitment to the applicant's community. Bonus points will only
7		be awarded if the Department receives applications that receive
8		an equal score for a particular region.
9		(c) Should the applicant be awarded an infuser license, the
10		information and plans that an applicant provided in its
11		application, including any plans submitted for the acquiring of
12		bonus points, becomes a mandatory condition of the permit. Any
13		variation from or failure to perform such plans may result in
14		discipline, including the revocation or nonrenewal of a
15		license.
16		(d) Should the applicant be awarded an infuser organization
17		license, it shall pay a fee of $5,000 prior to receiving the
18		license, to be deposited into the Cannabis Regulation Fund. The
19		Department of Agriculture may by rule adjust the fee in this
20		Section after January 1, 2021.
21		(Source: P.A. 101-27, eff. 6-25-19.)
22		(410 ILCS 705/35-25)
23		Sec. 35-25. Infuser organization requirements;
24		prohibitions.
25		(a) The operating documents of an infuser shall include

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1		procedures for the oversight of the infuser, an inventory
2		monitoring system including a physical inventory recorded
3		weekly, accurate recordkeeping, and a staffing plan.
4		(b) An infuser shall implement a security plan reviewed by
5		the Department of State Police that includes, but is not
6		limited to: facility access controls, perimeter intrusion
7		detection systems, personnel identification systems, and a
8		24-hour surveillance system to monitor the interior and
9		exterior of the infuser facility and that is accessible to
10		authorized law enforcement, the Department of Public Health,
11		and the Department of Agriculture in real time.
12		(c) All processing of cannabis by an infuser must take
13		place in an enclosed, locked facility at the physical address
14		provided to the Department of Agriculture during the licensing
15		process. The infuser location shall only be accessed by the
16		agents working for the infuser, the Department of Agriculture
17		staff performing inspections, the Department of Public Health
18		staff performing inspections, State and local law enforcement
19		or other emergency personnel, contractors working on jobs
20		unrelated to cannabis, such as installing or maintaining
21		security devices or performing electrical wiring, transporting
22		organization agents as provided in this Act, participants in
23		the incubator program, individuals in a mentoring or
24		educational program approved by the State, local safety or
25		health inspectors, or other individuals as provided by rule.
26		However, if an infuser shares a premises with a craft grower or

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1		dispensing organization, agents from these other licensees may
2		access the infuser portion of the premises if that is the
3		location of common bathrooms, lunchrooms, locker rooms, or
4		other areas of the building where processing of cannabis is not
5		performed. At no time may a craft grower or dispensing
6		organization agent perform work at an infuser without being a
7		registered agent of the infuser.
8		(d) An infuser may not sell or distribute any cannabis to
9		any person other than a dispensing organization, or as
10		otherwise authorized by rule.
11		(e) An infuser may not either directly or indirectly
12		discriminate in price between different cannabis business
13		establishments that are purchasing a like grade, strain, brand,
14		and quality of cannabis or cannabis-infused product. Nothing in
15		this subsection (e) prevents an infuser from pricing cannabis
16		differently based on differences in the cost of manufacturing
17		or processing, the quantities sold, such volume discounts, or
18		the way the products are delivered.
19		(f) All cannabis infused by an infuser and intended for
20		distribution to a dispensing organization must be entered into
21		a data collection system, packaged and labeled under Section
22		55-21, and, if distribution is to a dispensing organization
23		that does not share a premises with the infuser, placed into a
24		cannabis container for transport. All cannabis produced by an
25		infuser and intended for distribution to a cultivation center,
26		infuser organization, or craft grower with which it does not

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1		share a premises, must be packaged in a labeled cannabis
2		container and entered into a data collection system before
3		transport.
4		(g) Infusers are subject to random inspections by the
5		Department of Agriculture, the Department of Public Health, the
6		Department of State Police, and local law enforcement.
7		(h) An infuser agent shall notify local law enforcement,
8		the Department of State Police, and the Department of
9		Agriculture within 24 hours of the discovery of any loss or
10		theft. Notification shall be made by phone, in person, or by
11		written or electronic communication.
12		(i) An infuser organization may not be located in an area
13		zoned for residential use.
14		(j) An infuser or infuser agent shall not transport
15		cannabis or cannabis-infused products to any other cannabis
16		business establishment without a transport organization
17		license unless:
18		(i) If the infuser is located in a county with a
19		population of 3,000,000 or more, the cannabis business
20		establishment receiving the cannabis or cannabis-infused
21		product is within 2,000 feet of the property line of the
22		infuser;
23		(ii) If the infuser is located in a county with a
24		population of more than 700,000 but fewer than 3,000,000,
25		the cannabis business establishment receiving the cannabis
26		or cannabis-infused product is within 2 miles of the

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1		infuser; or
2		(iii) If the infuser is located in a county with a
3		population of fewer than 700,000, the cannabis business
4		establishment receiving the cannabis or cannabis-infused
5		product is within 15 miles of the infuser.
6		(k) An infuser may enter into a contract with a
7		transporting organization to transport cannabis to a
8		dispensing organization or a laboratory.
9		(l) An infuser organization may share premises with a craft
10		grower or a dispensing organization, or both, provided each
11		licensee stores currency and cannabis or cannabis-infused
12		products in a separate secured vault to which the other
13		licensee does not have access or all licensees sharing a vault
14		share more than 50% of the same ownership.
15		(m) It is unlawful for any person or entity having an
16		infuser organization license or any officer, associate,
17		member, representative or agent of such licensee to offer or
18		deliver money, or anything else of value, directly or
19		indirectly to any person having an Early Approval Adult Use
20		Dispensing Organization License, a Conditional Adult Use
21		Dispensing Organization License, an Adult Use Dispensing
22		Organization License, or a medical cannabis dispensing
23		organization license issued under the Compassionate Use of
24		Medical Cannabis Pilot Program Act, or to any person connected
25		with or in any way representing, or to any member of the family
26		of, such person holding an Early Approval Adult Use Dispensing

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1		Organization License, a Conditional Adult Use Dispensing
2		Organization License, an Adult Use Dispensing Organization
3		License, or a medical cannabis dispensing organization license
4		issued under the Compassionate Use of Medical Cannabis Pilot
5		Program Act, or to any stockholders in any corporation engaged
6		the retail sales of cannabis, or to any officer, manager,
7		agent, or representative of the Early Approval Adult Use
8		Dispensing Organization License, a Conditional Adult Use
9		Dispensing Organization License, an Adult Use Dispensing
10		Organization License, or a medical cannabis dispensing
11		organization license issued under the Compassionate Use of
12		Medical Cannabis Pilot Program Act to obtain preferential
13		placement within the dispensing organization, including,
14		without limitation, on shelves and in display cases where
15		purchasers can view products, or on the dispensing
16		organization's website.
17		(n) At no time shall an infuser organization or an infuser
18		agent perform the extraction of cannabis concentrate from
19		cannabis flower.
20		(Source: P.A. 101-27, eff. 6-25-19.)
21		(410 ILCS 705/35-31)
22		Sec. 35-31. Ensuring an adequate supply of raw materials to
23		serve infusers.
24		(a) As used in this Section, "raw materials" includes, but
25		is not limited to, CO2 hash oil, "crude", "distillate", or any

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1		other cannabis concentrate extracted from cannabis flower by
2		use of a solvent or a mechanical process.
3		(b) The Department of Agriculture may by rule design a
4		method for assessing whether licensed infusers have access to
5		an adequate supply of reasonably affordable raw materials,
6		which may include but not be limited to: (i) a survey of
7		infusers; (ii) a market study on the sales trends of
8		cannabis-infused products manufactured by infusers; and (iii)
9		the costs cultivation centers and craft growers assume for the
10		raw materials they use in any cannabis-infused products they
11		manufacture.
12		(c) The Department of Agriculture shall perform an
13		assessment of whether infusers have access to an adequate
14		supply of reasonably affordable raw materials that shall start
15		no sooner than January 1, 2022 and shall conclude no later than
16		April 1, 2022. The Department of Agriculture may rely on data
17		from the Illinois Cannabis Regulation Oversight Officer as part
18		of this assessment.
19		(d) The Department of Agriculture shall perform an
20		assessment of whether infusers have access to an adequate
21		supply of reasonably affordable raw materials that shall start
22		no sooner than January 1, 2023 and shall conclude no later than
23		April 1, 2023. The Department of Agriculture may rely on data
24		from the Cannabis Regulation Oversight Officer as part of this
25		assessment.
26		(e) The Department of Agriculture may by rule adopt

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1		measures to ensure infusers have access to an adequate supply
2		of reasonably affordable raw materials necessary for the
3		manufacture of cannabis-infused products. Such measures may
4		include, but not be limited to (i) requiring cultivation
5		centers and craft growers to set aside a minimum amount of raw
6		materials for the wholesale market or (ii) enabling infusers to
7		apply for a processor license to extract raw materials from
8		cannabis flower.
9		(f) If the Department of Agriculture determines processor
10		licenses may be available to infuser infusing organizations
11		based upon findings made pursuant to subsection (e), infuser
12		organizations may submit to the Department of Agriculture on
13		forms provided by the Department of Agriculture the following
14		information as part of an application to receive a processor
15		license:
16		(1) experience with the extraction, processing, or
17		infusing of oils similar to those derived from cannabis, or
18		other business practices to be performed by the infuser;
19		(2) a description of the applicant's experience with
20		manufacturing equipment and chemicals to be used in
21		processing;
22		(3) expertise in relevant scientific fields;
23		(4) a commitment that any cannabis waste, liquid waste,
24		or hazardous waste shall be disposed of in accordance with
25		8 Ill. Adm. Code 1000.460, except, to the greatest extent
26		feasible, all cannabis plant waste will be rendered

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1		unusable by grinding and incorporating the cannabis plant
2		waste with compostable mixed waste to be disposed of in
3		accordance with Ill. Adm. Code 1000.460(g)(1); and
4		(5) any other information the Department of
5		Agriculture deems relevant.
6		(g) The Department of Agriculture may only issue an infuser
7		infusing organization a processor license if, based on the
8		information pursuant to subsection (f) and any other criteria
9		set by the Department of Agriculture, which may include but not
10		be limited an inspection of the site where processing would
11		occur, the Department of Agriculture is reasonably certain the
12		infuser infusing organization will process cannabis in a safe
13		and compliant manner.
14		(Source: P.A. 101-27, eff. 6-25-19.)
15		(410 ILCS 705/40-5)
16		Sec. 40-5. Issuance of licenses.
17		(a) The Department shall issue transporting licenses
18		through a process provided for in this Article no later than
19		July 1, 2020.
20		(b) The Department shall make the application for
21		transporting organization licenses available on January 7,
22		2020 and shall receive such applications no later than March
23		15, 2020. The Thereafter, the Department of Agriculture shall
24		make available such applications on every January 7 thereafter
25		or if that date falls on a weekend or holiday, the business day

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1		immediately succeeding the weekend or holiday and shall receive
2		such applications no later than March 15 or the succeeding
3		business day thereafter.
4		(Source: P.A. 101-27, eff. 6-25-19.)
5		(410 ILCS 705/40-10)
6		Sec. 40-10. Application.
7		(a) When applying for a transporting organization license,
8		the applicant shall electronically submit the following in such
9		form as the Department of Agriculture may direct:
10		(1) the nonrefundable application fee of $5,000 or,
11		after January 1, 2021, another amount as set by rule by the
12		Department of Agriculture, to be deposited into the
13		Cannabis Regulation Fund;
14		(2) the legal name of the transporting organization;
15		(3) the proposed physical address of the transporting
16		organization, if one is proposed;
17		(4) the name, address, social security number, and date
18		of birth of each principal officer and board member of the
19		transporting organization; each principal officer and
20		board member shall be at least 21 years of age;
21		(5) the details of any administrative or judicial
22		proceeding in which any of the principal officers or board
23		members of the transporting organization (i) pled guilty,
24		were convicted, fined, or had a registration or license
25		suspended or revoked, or (ii) managed or served on the

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1		board of a business or non-profit organization that pled
2		guilty, was convicted, fined, or had a registration or
3		license suspended or revoked;
4		(6) proposed operating bylaws that include procedures
5		for the oversight of the transporting organization,
6		including the development and implementation of an
7		accurate recordkeeping plan, staffing plan, and security
8		plan approved by the Department of State Police that are in
9		accordance with the rules issued by the Department of
10		Agriculture under this Act; a physical inventory shall be
11		performed of all cannabis on a weekly basis by the
12		transporting organization;
13		(7) verification from the Department of State Police
14		that all background checks of the prospective principal
15		officers, board members, and agents of the transporting
16		organization have been conducted;
17		(8) a copy of the current local zoning ordinance or
18		permit and verification that the proposed transporting
19		organization is in compliance with the local zoning rules
20		and distance limitations established by the local
21		jurisdiction, if the transporting organization has a
22		business address;
23		(9) proposed employment practices, in which the
24		applicant must demonstrate a plan of action to inform,
25		hire, and educate minorities, women, veterans, and persons
26		with disabilities, engage in fair labor practices, and

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1		provide worker protections;
2		(10) whether an applicant can demonstrate experience
3		in or business practices that promote economic empowerment
4		in Disproportionately Impacted Areas;
5		(11) the number and type of equipment the transporting
6		organization will use to transport cannabis and
7		cannabis-infused products;
8		(12) loading, transporting, and unloading plans;
9		(13) a description of the applicant's experience in the
10		distribution or security business;
11		(14) the identity of every person having a financial or
12		voting interest of 5% or more in the transporting
13		organization with respect to which the license is sought,
14		whether a trust, corporation, partnership, limited
15		liability company, or sole proprietorship, including the
16		name and address of each person; and
17		(15) any other information required by rule.
18		(b) Applicants must submit all required information,
19		including the information required in Section 40-35 to the
20		Department. Failure by an applicant to submit all required
21		information may result in the application being disqualified.
22		(c) If the Department receives an application with missing
23		information, the Department of Agriculture may issue a
24		deficiency notice to the applicant. The applicant shall have 10
25		calendar days from the date of the deficiency notice to
26		resubmit the incomplete information. Applications that are

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1		still incomplete after this opportunity to cure will not be
2		scored and will be disqualified.
3		(Source: P.A. 101-27, eff. 6-25-19.)
4		(410 ILCS 705/40-15)
5		Sec. 40-15. Issuing licenses.
6		(a) The Department of Agriculture shall by rule develop a
7		system to score transporter applications to administratively
8		rank applications based on the clarity, organization, and
9		quality of the applicant's responses to required information.
10		Applicants shall be awarded points based on the following
11		categories:
12		(1) suitability of employee training plan;
13		(2) security and recordkeeping plan;
14		(3) business plan;
15		(4) the applicant's status as a Social Equity
16		Applicant, which shall constitute no less than 20% of total
17		available points;
18		(5) labor and employment practices, which shall
19		constitute no less than 2% of total available points;
20		(6) environmental plan that demonstrates an
21		environmental plan of action to minimize the carbon
22		footprint, environmental impact, and resource needs for
23		the transporter, which may include, without limitation,
24		recycling cannabis product packaging;
25		(7) the applicant is 51% or more owned and controlled

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1		by an individual or individuals who have been an Illinois
2		resident for the past 5 years as proved by tax records or 2
3		of the following: ;
4		(A) a signed lease agreement that includes the
5		applicant's name;
6		(B) a property deed that includes the applicant's
7		name;
8		(C) school records;
9		(D) a voter registration card;
10		(E) an Illinois driver's license, an Illinois
11		Identification Card, or an Illinois Person with a
12		Disability Identification Card;
13		(F) a paycheck stub;
14		(G) a utility bill; or
15		(H) any other proof of residency or other
16		information necessary to establish residence as
17		provided by rule;
18		(8) the applicant is 51% or more controlled and owned
19		by an individual or individuals who meet the qualifications
20		of a veteran as defined by Section 45-57 of the Illinois
21		Procurement Code;
22		(9) a diversity plan that includes a narrative of not
23		more than 2,500 words that establishes a goal of diversity
24		in ownership, management, employment, and contracting to
25		ensure that diverse participants and groups are afforded
26		equality of opportunity; and

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1		(10) any other criteria the Department of Agriculture
2		may set by rule for points.
3		(b) The Department may also award up to 2 bonus points for
4		the applicant's plan to engage with the community. The
5		applicant may demonstrate a desire to engage with its community
6		by participating in one or more of, but not limited to, the
7		following actions: (i) establishment of an incubator program
8		designed to increase participation in the cannabis industry by
9		persons who would qualify as Social Equity Applicants; (ii)
10		providing financial assistance to substance abuse treatment
11		centers; (iii) educating children and teens about the potential
12		harms of cannabis use; or (iv) other measures demonstrating a
13		commitment to the applicant's community. Bonus points will only
14		be awarded if the Department receives applications that receive
15		an equal score for a particular region.
16		(c) Applicants for transporting transportation
17		organization licenses that score at least 75% 85% of the
18		available points according to the system developed by rule and
19		meet all other requirements for a transporter license shall be
20		issued a license by the Department of Agriculture within 60
21		days of receiving the application. Applicants that were
22		registered as medical cannabis cultivation centers prior to
23		January 1, 2020 and who meet all other requirements for a
24		transporter license shall be issued a license by the Department
25		of Agriculture within 60 days of receiving the application.
26		(d) Should the applicant be awarded a transporting

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1		transportation organization license, the information and plans
2		that an applicant provided in its application, including any
3		plans submitted for the acquiring of bonus points, shall be a
4		mandatory condition of the permit. Any variation from or
5		failure to perform such plans may result in discipline,
6		including the revocation or nonrenewal of a license.
7		(e) Should the applicant be awarded a transporting
8		organization license, the applicant shall pay a prorated fee of
9		$10,000 prior to receiving the license, to be deposited into
10		the Cannabis Regulation Fund. The Department of Agriculture may
11		by rule adjust the fee in this Section after January 1, 2021.
12		(Source: P.A. 101-27, eff. 6-25-19.)
13		(410 ILCS 705/40-20)
14		Sec. 40-20. Denial of application. An application for a
15		transporting transportation organization license shall be
16		denied if any of the following conditions are met:
17		(1) the applicant failed to submit the materials
18		required by this Article;
19		(2) the applicant would not be in compliance with local
20		zoning rules or permit requirements;
21		(3) one or more of the prospective principal officers
22		or board members causes a violation of Section 40-25;
23		(4) one or more of the principal officers or board
24		members is under 21 years of age;
25		(5) the person has submitted an application for a

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1		license under this Act that contains false information; or
2		(6) the licensee, principal officer, board member, or
3		person having a financial or voting interest of 5% or
4		greater in the licensee is delinquent in filing any
5		required tax returns or paying any amounts owed to the
6		State of Illinois.
7		(Source: P.A. 101-27, eff. 6-25-19.)
8		(410 ILCS 705/40-25)
9		Sec. 40-25. Transporting organization requirements;
10		prohibitions.
11		(a) The operating documents of a transporting organization
12		shall include procedures for the oversight of the transporter,
13		an inventory monitoring system including a physical inventory
14		recorded weekly, accurate recordkeeping, and a staffing plan.
15		(b) A transporting organization may not transport cannabis
16		or cannabis-infused products to any person other than a
17		cultivation center, a craft grower, an infuser organization, a
18		dispensing organization, a testing facility, or as otherwise
19		authorized by rule.
20		(c) All cannabis transported by a transporting
21		organization must be entered into a data collection system and
22		placed into a cannabis container for transport.
23		(d) Transporters are subject to random inspections by the
24		Department of Agriculture, the Department of Public Health, and
25		the Department of State Police.

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1		(e) A transporting organization agent shall notify local
2		law enforcement, the Department of State Police, and the
3		Department of Agriculture within 24 hours of the discovery of
4		any loss or theft. Notification shall be made by phone, in
5		person, or by written or electronic communication.
6		(f) No person under the age of 21 years shall be in a
7		commercial vehicle or trailer transporting cannabis goods.
8		(g) No person or individual who is not a transporting
9		organization agent shall be in a vehicle while transporting
10		cannabis goods.
11		(h) Transporters may not use commercial motor vehicles with
12		a weight rating of over 10,001 pounds.
13		(i) It is unlawful for any person to offer or deliver
14		money, or anything else of value, directly or indirectly, to
15		any of the following persons to obtain preferential placement
16		within the dispensing organization, including, without
17		limitation, on shelves and in display cases where purchasers
18		can view products, or on the dispensing organization's website:
19		(1) a person having a transporting organization
20		license, or any officer, associate, member,
21		representative, or agent of the licensee;
22		(2) a person having an Early Applicant 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 Pilot Program Act;

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1		(3) a person connected with or in any way representing,
2		or a member of the family of, a person holding an Early
3		Applicant Adult Use Dispensing Organization License, an
4		Adult Use Dispensing Organization License, or a medical
5		cannabis dispensing organization license issued under the
6		Compassionate Use of Medical Cannabis Pilot Program Act; or
7		(4) a stockholder, officer, manager, agent, or
8		representative of a corporation engaged in the retail sale
9		of cannabis, an Early Applicant Adult Use Dispensing
10		Organization License, an Adult Use Dispensing Organization
11		License, or a medical cannabis dispensing organization
12		license issued under the Compassionate Use of Medical
13		Cannabis Pilot Program Act.
14		(j) A transporting transportation organization agent must
15		keep his or her identification card visible at all times when
16		on the property of a cannabis business establishment and during
17		the transporting transportation of cannabis when acting under
18		his or her duties as a transportation organization agent.
19		During these times, the transporting transporter organization
20		agent must also provide the identification card upon request of
21		any law enforcement officer engaged in his or her official
22		duties.
23		(k) A copy of the transporting organization's registration
24		and a manifest for the delivery shall be present in any vehicle
25		transporting cannabis.
26		(l) Cannabis shall be transported so it is not visible or

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1		recognizable from outside the vehicle.
2		(m) A vehicle transporting cannabis must not bear any
3		markings to indicate the vehicle contains cannabis or bear the
4		name or logo of the cannabis business establishment.
5		(n) Cannabis must be transported in an enclosed, locked
6		storage compartment that is secured or affixed to the vehicle.
7		(o) The Department of Agriculture may, by rule, impose any
8		other requirements or prohibitions on the transportation of
9		cannabis.
10		(Source: P.A. 101-27, eff. 6-25-19.)
11		(410 ILCS 705/40-30)
12		Sec. 40-30. Transporting agent identification card.
13		(a) The Department of Agriculture shall:
14		(1) establish by rule the information required in an
15		initial application or renewal application for an agent
16		identification card submitted under this Act and the
17		nonrefundable fee to accompany the initial application or
18		renewal application;
19		(2) verify the information contained in an initial
20		application or renewal application for an agent
21		identification card submitted under this Act and approve or
22		deny an application within 30 days of receiving a completed
23		initial application or renewal application and all
24		supporting documentation required by rule;
25		(3) issue an agent identification card to a qualifying

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1		agent within 15 business days of approving the initial
2		application or renewal application;
3		(4) enter the license number of the transporting
4		organization where the agent works; and
5		(5) allow for an electronic initial application and
6		renewal application process, and provide a confirmation by
7		electronic or other methods that an application has been
8		submitted. The Department of Agriculture may by rule
9		require prospective agents to file their applications by
10		electronic means and provide notices to the agents by
11		electronic means.
12		(b) An agent must keep his or her identification card
13		visible at all times when on the property of a cannabis
14		business establishment, including the cannabis business
15		establishment for which he or she is an agent.
16		(c) The agent identification cards shall contain the
17		following:
18		(1) the name of the cardholder;
19		(2) the date of issuance and expiration date of the
20		identification card;
21		(3) a random 10-digit alphanumeric identification
22		number containing at least 4 numbers and at least 4 letters
23		that is unique to the holder;
24		(4) a photograph of the cardholder; and
25		(5) the legal name of the transporting transporter
26		organization employing the agent.

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1		(d) An agent identification card shall be immediately
2		returned to the transporting transporter organization of the
3		agent upon termination of his or her employment.
4		(e) Any agent identification card lost by a transporting
5		agent shall be reported to the Department of State Police and
6		the Department of Agriculture immediately upon discovery of the
7		loss.
8		(f) An application for an agent identification card shall
9		be denied if the applicant is delinquent in filing any required
10		tax returns or paying any amounts owed to the State of
11		Illinois.
12		(Source: P.A. 101-27, eff. 6-25-19.)
13		(410 ILCS 705/40-35)
14		Sec. 40-35. Transporting organization background checks.
15		(a) Through the Department of State Police, the Department
16		of Agriculture shall conduct a background check of the
17		prospective principal officers, board members, and agents of a
18		transporter applying for a license or identification card under
19		this Act. The Department of State Police shall charge a fee set
20		by rule for conducting the criminal history record check, which
21		shall be deposited into the State Police Services Fund and
22		shall not exceed the actual cost of the record check. In order
23		to carry out this provision, each transporting transporter
24		organization's prospective principal officer, board member, or
25		agent shall submit a full set of fingerprints to the Department

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1		of State Police for the purpose of obtaining a State and
2		federal criminal records check. These fingerprints shall be
3		checked against the fingerprint records now and hereafter, to
4		the extent allowed by law, filed in the Department of State
5		Police and Federal Bureau of Investigation criminal history
6		records databases. The Department of State Police shall
7		furnish, following positive identification, all conviction
8		information to the Department of Agriculture.
9		(b) When applying for the initial license or identification
10		card, the background checks for all prospective principal
11		officers, board members, and agents shall be completed before
12		submitting the application to the Department of Agriculture.
13		(Source: P.A. 101-27, eff. 6-25-19.)
14		(410 ILCS 705/40-40)
15		Sec. 40-40. Renewal of transporting organization licenses
16		and agent identification cards.
17		(a) Licenses and identification cards issued under this Act
18		shall be renewed annually. A transporting organization shall
19		receive written or electronic notice 90 days before the
20		expiration of its current license that the license will expire.
21		The Department of Agriculture shall grant a renewal within 45
22		days of submission of a renewal application if:
23		(1) the transporting organization submits a renewal
24		application and the required nonrefundable renewal fee of
25		$10,000, or after January 1, 2021, another amount set by

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1		rule by the Department of Agriculture, to be deposited into
2		the Cannabis Regulation Fund;
3		(2) the Department of Agriculture has not suspended or
4		revoked the license of the transporting organization for
5		violating this Act or rules adopted under this Act;
6		(3) the transporting organization has continued to
7		operate in accordance with all plans submitted as part of
8		its application and approved by the Department of
9		Agriculture or any amendments thereto that have been
10		approved by the Department of Agriculture; and
11		(4) the transporter has submitted an agent, employee,
12		contracting, and subcontracting diversity report as
13		required by the Department.
14		(b) If a transporting organization fails to renew its
15		license before expiration, it shall cease operations until its
16		license is renewed.
17		(c) If a transporting organization agent fails to renew his
18		or her identification card before its expiration, he or she
19		shall cease to work as an agent of the transporting transporter
20		organization until his or her identification card is renewed.
21		(d) Any transporting organization that continues to
22		operate, or any transporting organization agent who continues
23		to work as an agent, after the applicable license or
24		identification card has expired without renewal is subject to
25		the penalties provided under Section 45-5.
26		(e) The Department shall not renew a license or an agent

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1		identification card if the applicant is delinquent in filing
2		any required tax returns or paying any amounts owed to the
3		State of Illinois.
4		(Source: P.A. 101-27, eff. 6-25-19.)
5		(410 ILCS 705/45-5)
6		Sec. 45-5. License suspension; revocation; other
7		penalties.
8		(a) Notwithstanding any other criminal penalties related
9		to the unlawful possession of cannabis, the Department of
10		Financial and Professional Regulation and the Department of
11		Agriculture may revoke, suspend, place on probation,
12		reprimand, issue cease and desist orders, refuse to issue or
13		renew a license, or take any other disciplinary or
14		nondisciplinary action as each department may deem proper with
15		regard to a cannabis business establishment or cannabis
16		business establishment agent, including fines not to exceed:
17		(1) $50,000 for each violation of this Act or rules
18		adopted under this Act by a cultivation center or
19		cultivation center agent;
20		(2) $20,000 $10,000 for each violation of this Act or
21		rules adopted under this Act by a dispensing organization
22		or dispensing organization agent;
23		(3) $15,000 for each violation of this Act or rules
24		adopted under this Act by a craft grower or craft grower
25		agent;

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1		(4) $10,000 for each violation of this Act or rules
2		adopted under this Act by an infuser organization or
3		infuser organization agent; and
4		(5) $10,000 for each violation of this Act or rules
5		adopted under this Act by a transporting organization or
6		transporting organization agent.
7		(b) The Department of Financial and Professional
8		Regulation and the Department of Agriculture, as the case may
9		be, shall consider licensee cooperation in any agency or other
10		investigation in its determination of penalties imposed under
11		this Section.
12		(c) The procedures for disciplining a cannabis business
13		establishment or cannabis business establishment agent and for
14		administrative hearings shall be determined by rule, and shall
15		provide for the review of final decisions under the
16		Administrative Review Law.
17		(d) The Attorney General may also enforce a violation of
18		Section 55-20, Section 55-21, and Section 15-155 as an unlawful
19		practice under the Consumer Fraud and Deceptive Business
20		Practices Act.
21		(Source: P.A. 101-27, eff. 6-25-19.)
22		(410 ILCS 705/50-5)
23		Sec. 50-5. Laboratory testing.
24		(a) Notwithstanding any other provision of law, the
25		following acts, when performed by a cannabis testing facility

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1		with a current, valid registration, or a person 21 years of age
2		or older who is acting in his or her capacity as an owner,
3		employee, or agent of a cannabis testing facility, are not
4		unlawful and shall not be an offense under Illinois law or be a
5		basis for seizure or forfeiture of assets under Illinois law:
6		(1) possessing, repackaging, transporting, storing, or
7		displaying cannabis or cannabis-infused products;
8		(2) receiving or transporting cannabis or
9		cannabis-infused products from a cannabis business
10		establishment, a community college licensed under the
11		Community College Cannabis Vocational Training Pilot
12		Program, or a person 21 years of age or older; and
13		(3) returning or transporting cannabis or
14		cannabis-infused products to a cannabis business
15		establishment, a community college licensed under the
16		Community College Cannabis Vocational Training Pilot
17		Program, or a person 21 years of age or older.
18		(b)(1) No laboratory shall handle, test, or analyze
19		cannabis unless approved by the Department of Agriculture in
20		accordance with this Section.
21		(2) No laboratory shall be approved to handle, test, or
22		analyze cannabis unless the laboratory:
23		(A) is accredited by a private laboratory accrediting
24		organization;
25		(B) is independent from all other persons involved in
26		the cannabis industry in Illinois and no person with a

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1		direct or indirect interest in the laboratory has a direct
2		or indirect financial, management, or other interest in an
3		Illinois cultivation center, craft grower, dispensary,
4		infuser, transporter, certifying physician, or any other
5		entity in the State that may benefit from the production,
6		manufacture, dispensing, sale, purchase, or use of
7		cannabis; and
8		(C) has employed at least one person to oversee and be
9		responsible for the laboratory testing who has earned, from
10		a college or university accredited by a national or
11		regional certifying authority, at least:
12		(i) a master's level degree in chemical or
13		biological sciences and a minimum of 2 years'
14		post-degree laboratory experience; or
15		(ii) a bachelor's degree in chemical or biological
16		sciences and a minimum of 4 years' post-degree
17		laboratory experience.
18		(3) Each independent testing laboratory that claims to be
19		accredited must provide the Department of Agriculture with a
20		copy of the most recent annual inspection report granting
21		accreditation and every annual report thereafter.
22		(c) Immediately before manufacturing or natural processing
23		of any cannabis or cannabis-infused product or packaging
24		cannabis for sale to a dispensary, each batch shall be made
25		available by the cultivation center, craft grower, or infuser
26		for an employee of an approved laboratory to select a random

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1		sample, which shall be tested by the approved laboratory for:
2		(1) microbiological contaminants;
3		(2) mycotoxins;
4		(3) pesticide active ingredients;
5		(4) residual solvent; and
6		(5) an active ingredient analysis.
7		(d) The Department of Agriculture may select a random
8		sample that shall, for the purposes of conducting an active
9		ingredient analysis, be tested by the Department of Agriculture
10		for verification of label information.
11		(e) A laboratory shall immediately return or dispose of any
12		cannabis upon the completion of any testing, use, or research.
13		If cannabis is disposed of, it shall be done in compliance with
14		Department of Agriculture rule.
15		(f) If a sample of cannabis does not pass the
16		microbiological, mycotoxin, pesticide chemical residue, or
17		solvent residue test, based on the standards established by the
18		Department of Agriculture, the following shall apply:
19		(1) If the sample failed the pesticide chemical residue
20		test, the entire batch from which the sample was taken
21		shall, if applicable, be recalled as provided by rule.
22		(2) If the sample failed any other test, the batch may
23		be used to make a CO2-based or solvent based extract. After
24		processing, the CO2-based or solvent based extract must
25		still pass all required tests.
26		(g) The Department of Agriculture shall establish

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1		standards for microbial, mycotoxin, pesticide residue, solvent
2		residue, or other standards for the presence of possible
3		contaminants, in addition to labeling requirements for
4		contents and potency.
5		(h) The laboratory shall file with the Department of
6		Agriculture an electronic copy of each laboratory test result
7		for any batch that does not pass the microbiological,
8		mycotoxin, or pesticide chemical residue test, at the same time
9		that it transmits those results to the cultivation center. In
10		addition, the laboratory shall maintain the laboratory test
11		results for at least 5 years and make them available at the
12		Department of Agriculture's request.
13		(i) A cultivation center, craft grower, and infuser shall
14		provide to a dispensing organization the laboratory test
15		results for each batch of cannabis product purchased by the
16		dispensing organization, if sampled. Each dispensing
17		dispensary organization must have those laboratory results
18		available upon request to purchasers.
19		(j) The Department of Agriculture may adopt rules related
20		to testing in furtherance of this Act.
21		(Source: P.A. 101-27, eff. 6-25-19.)
22		(410 ILCS 705/55-10)
23		Sec. 55-10. Maintenance of inventory. All dispensing
24		organizations authorized to serve both registered qualifying
25		patients and caregivers and purchasers are required to report

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1		which cannabis and cannabis-infused products are purchased for
2		sale under the Compassionate Use of Medical Cannabis Pilot
3		Program Act, and which cannabis and cannabis-infused products
4		are purchased under this Act. Nothing in this Section prohibits
5		a registered qualifying patient under the Compassionate Use of
6		Medical Cannabis Pilot Program Act from purchasing cannabis as
7		a purchaser under this Act.
8		(Source: P.A. 101-27, eff. 6-25-19.)
9		(410 ILCS 705/55-20)
10		Sec. 55-20. Advertising and promotions.
11		(a) No cannabis business establishment nor any other person
12		or entity shall engage in advertising that contains any
13		statement or illustration that:
14		(1) is false or misleading;
15		(2) promotes overconsumption of cannabis or cannabis
16		products;
17		(3) depicts the actual consumption of cannabis or
18		cannabis products;
19		(4) depicts a person under 21 years of age consuming
20		cannabis;
21		(5) makes any health, medicinal, or therapeutic claims
22		about cannabis or cannabis-infused products;
23		(6) includes the image of a cannabis leaf or bud; or
24		(7) includes any image designed or likely to appeal to
25		minors, including cartoons, toys, animals, or children, or

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1		any other likeness to images, characters, or phrases that
2		is designed in any manner to be appealing to or encourage
3		consumption by of persons under 21 years of age.
4		(b) No cannabis business establishment nor any other person
5		or entity shall place or maintain, or cause to be placed or
6		maintained, an advertisement of cannabis or a cannabis-infused
7		product in any form or through any medium:
8		(1) within 1,000 feet of the perimeter of school
9		grounds, a playground, a recreation center or facility, a
10		child care center, a public park or public library, or a
11		game arcade to which admission is not restricted to persons
12		21 years of age or older;
13		(2) on or in a public transit vehicle or public transit
14		shelter;
15		(3) on or in publicly owned or publicly operated
16		property; or
17		(4) that contains information that:
18		(A) is false or misleading;
19		(B) promotes excessive consumption;
20		(C) depicts a person under 21 years of age
21		consuming cannabis;
22		(D) includes the image of a cannabis leaf; or
23		(E) includes any image designed or likely to appeal
24		to minors, including cartoons, toys, animals, or
25		children, or any other likeness to images, characters,
26		or phrases that are popularly used to advertise to

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1		children, or any imitation of candy packaging or
2		labeling, or that promotes consumption of cannabis.
3		(c) Subsections (a) and (b) do not apply to an educational
4		message.
5		(d) Sales promotions. No cannabis business establishment
6		nor any other person or entity may encourage the sale of
7		cannabis or cannabis products by giving away cannabis or
8		cannabis products, by conducting games or competitions related
9		to the consumption of cannabis or cannabis products, or by
10		providing promotional materials or activities of a manner or
11		type that would be appealing to children.
12		(Source: P.A. 101-27, eff. 6-25-19.)
13		(410 ILCS 705/55-21)
14		Sec. 55-21. Cannabis product packaging and labeling.
15		(a) Each cannabis product produced for sale shall be
16		registered with the Department of Agriculture on forms provided
17		by the Department of Agriculture. Each product registration
18		shall include a label and the required registration fee at the
19		rate established by the Department of Agriculture for a
20		comparable medical cannabis product, or as established by rule.
21		The registration fee is for the name of the product offered for
22		sale and one fee shall be sufficient for all package sizes.
23		(b) All harvested cannabis intended for distribution to a
24		cannabis enterprise must be packaged in a sealed, labeled
25		container.

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1		(c) Any product containing cannabis shall be packaged in a
2		sealed, odor-proof, and child-resistant cannabis container
3		consistent with current standards, including the Consumer
4		Product Safety Commission standards referenced by the Poison
5		Prevention Act.
6		(d) All cannabis-infused products shall be individually
7		wrapped or packaged at the original point of preparation. The
8		packaging of the cannabis-infused product shall conform to the
9		labeling requirements of the Illinois Food, Drug and Cosmetic
10		Act, in addition to the other requirements set forth in this
11		Section.
12		(e) Each cannabis product shall be labeled before sale and
13		each label shall be securely affixed to the package and shall
14		state in legible English and any languages required by the
15		Department of Agriculture:
16		(1) the name and post office box of the registered
17		cultivation center or craft grower where the item was
18		manufactured;
19		(2) the common or usual name of the item and the
20		registered name of the cannabis product that was registered
21		with the Department of Agriculture under subsection (a);
22		(3) a unique serial number that will match the product
23		with a cultivation center or craft grower batch and lot
24		number to facilitate any warnings or recalls the Department
25		of Agriculture, cultivation center, or craft grower deems
26		appropriate;

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1		(4) the date of final testing and packaging, if
2		sampled, and the identification of the independent testing
3		laboratory;
4		(5) the date of harvest and "use by" date;
5		(6) the quantity (in ounces or grams) of cannabis
6		contained in the product;
7		(7) a pass/fail rating based on the laboratory's
8		microbiological, mycotoxins, and pesticide and solvent
9		residue analyses, if sampled; .
10		(8) content list.
11		(A) A list of the following, including the minimum
12		and maximum percentage content by weight for
13		subdivisions (e) (d)(8)(A)(i) through (iv):
14		(i) delta-9-tetrahydrocannabinol (THC);
15		(ii) tetrahydrocannabinolic acid (THCA);
16		(iii) cannabidiol (CBD);
17		(iv) cannabidiolic acid (CBDA); and
18		(v) all other ingredients of the item,
19		including any colors, artificial flavors, and
20		preservatives, listed in descending order by
21		predominance of weight shown with common or usual
22		names.
23		(B) The acceptable tolerances for the minimum
24		percentage printed on the label for any of subdivisions
25		(e) (d)(8)(A)(i) through (iv) shall not be below 85% or
26		above 115% of the labeled amount. ;

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1		(f) Packaging must not contain information that:
2		(1) is false or misleading;
3		(2) promotes excessive consumption;
4		(3) depicts a person under 21 years of age consuming
5		cannabis;
6		(4) includes the image of a cannabis leaf;
7		(5) includes any image designed or likely to appeal to
8		minors, including cartoons, toys, animals, or children, or
9		any other likeness to images, characters, or phrases that
10		are popularly used to advertise to children, or any
11		packaging or labeling that bears reasonable resemblance to
12		any product available for consumption as a commercially
13		available candy, or that promotes consumption of cannabis;
14		(6) contains any seal, flag, crest, coat of arms, or
15		other insignia likely to mislead the purchaser to believe
16		that the product has been endorsed, made, or used by the
17		State of Illinois or any of its representatives except
18		where authorized by this Act.
19		(g) Cannabis products produced by concentrating or
20		extracting ingredients from the cannabis plant shall contain
21		the following information, where applicable:
22		(1) If solvents were used to create the concentrate or
23		extract, a statement that discloses the type of extraction
24		method, including any solvents or gases used to create the
25		concentrate or extract; and
26		(2) Any other chemicals or compounds used to produce or

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1		were added to the concentrate or extract.
2		(h) All cannabis products must contain warning statements
3		established for purchasers, of a size that is legible and
4		readily visible to a consumer inspecting a package, which may
5		not be covered or obscured in any way. The Department of Public
6		Health shall define and update appropriate health warnings for
7		packages including specific labeling or warning requirements
8		for specific cannabis products.
9		(i) Unless modified by rule to strengthen or respond to new
10		evidence and science, the following warnings shall apply to all
11		cannabis products unless modified by rule: "This product
12		contains cannabis and is intended for use by adults 21 and
13		over. Its use can impair cognition and may be habit forming.
14		This product should not be used by pregnant or breastfeeding
15		women. It is unlawful to sell or provide this item to any
16		individual, and it may not be transported outside the State of
17		Illinois. It is illegal to operate a motor vehicle while under
18		the influence of cannabis. Possession or use of this product
19		may carry significant legal penalties in some jurisdictions and
20		under federal law.".
21		(j) Warnings for each of the following product types must
22		be present on labels when offered for sale to a purchaser:
23		(1) Cannabis that may be smoked must contain a
24		statement that "Smoking is hazardous to your health.".
25		(2) Cannabis-infused products (other than those
26		intended for topical application) must contain a statement

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1		"CAUTION: This product contains cannabis, and intoxication
2		following use may be delayed 2 or more hours. This product
3		was produced in a facility that cultivates cannabis, and
4		that may also process common food allergens.".
5		(3) Cannabis-infused products intended for topical
6		application must contain a statement "DO NOT EAT" in bold,
7		capital letters.
8		(k) Each cannabis-infused product intended for consumption
9		must be individually packaged, must include the total milligram
10		content of THC and CBD, and may not include more than a total
11		of 100 milligrams of THC per package. A package may contain
12		multiple servings of 10 milligrams of THC, and indicated by
13		scoring, wrapping, or by other indicators designating
14		individual serving sizes. The Department of Agriculture may
15		change the total amount of THC allowed for each package, or the
16		total amount of THC allowed for each serving size, by rule.
17		(l) No individual other than the purchaser may alter or
18		destroy any labeling affixed to the primary packaging of
19		cannabis or cannabis-infused products.
20		(m) For each commercial weighing and measuring device used
21		at a facility, the cultivation center or craft grower must:
22		(1) Ensure that the commercial device is licensed under
23		the Weights and Measures Act and the associated
24		administrative rules (8 Ill. Adm. Code 600);
25		(2) Maintain documentation of the licensure of the
26		commercial device; and

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1		(3) Provide a copy of the license of the commercial
2		device to the Department of Agriculture for review upon
3		request.
4		(n) It is the responsibility of the Department to ensure
5		that packaging and labeling requirements, including product
6		warnings, are enforced at all times for products provided to
7		purchasers. Product registration requirements and container
8		requirements may be modified by rule by the Department of
9		Agriculture.
10		(o) Labeling, including warning labels, may be modified by
11		rule by the Department of Agriculture.
12		(Source: P.A. 101-27, eff. 6-25-19; revised 8-30-19.)
13		(410 ILCS 705/55-25)
14		Sec. 55-25. Local ordinances. Unless otherwise provided
15		under this Act or otherwise in accordance with State law:
16		(1) A unit of local government, including a home rule
17		unit or any non-home rule county within the unincorporated
18		territory of the county, may enact reasonable zoning
19		ordinances or resolutions, not in conflict with this Act or
20		rules adopted pursuant to this Act, regulating cannabis
21		business establishments. No unit of local government,
22		including a home rule unit or any non-home rule county
23		within the unincorporated territory of the county, may
24		prohibit home cultivation or unreasonably prohibit use of
25		cannabis authorized by this Act.

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1		(2) A unit of local government, including a home rule
2		unit or any non-home rule county within the unincorporated
3		territory of the county, may enact ordinances or rules not
4		in conflict with this Act or with rules adopted pursuant to
5		this Act governing the time, place, manner, and number of
6		cannabis business establishment operations, including
7		minimum distance limitations between cannabis business
8		establishments and locations it deems sensitive, including
9		colleges and universities, through the use of conditional
10		use permits. A unit of local government, including a home
11		rule unit, may establish civil penalties for violation of
12		an ordinance or rules governing the time, place, and manner
13		of operation of a cannabis business establishment or a
14		conditional use permit in the jurisdiction of the unit of
15		local government. No unit of local government, including a
16		home rule unit or non-home rule county within an
17		unincorporated territory of the county, may unreasonably
18		restrict the time, place, manner, and number of cannabis
19		business establishment operations authorized by this Act.
20		(3) A unit of local government, including a home rule
21		unit, or any non-home rule county within the unincorporated
22		territory of the county may authorize or permit the
23		on-premises consumption of cannabis at or in a dispensing
24		organization or retail tobacco store (as defined in Section
25		10 of the Smoke Free Illinois Act) within its jurisdiction
26		in a manner consistent with this Act. A dispensing

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1		organization or retail tobacco store regulate the
2		on-premises consumption of cannabis at or in a cannabis
3		business establishment within its jurisdiction in a manner
4		consistent with this Act. A cannabis business
5		establishment or other entity authorized or permitted by a
6		unit of local government to allow on-site consumption shall
7		not be deemed a public place within the meaning of the
8		Smoke Free Illinois Act.
9		(4) A unit of local government, including a home rule
10		unit or any non-home rule county within the unincorporated
11		territory of the county, may not regulate the activities
12		described in paragraph (1), (2), or (3) in a manner more
13		restrictive than the regulation of those activities by the
14		State under this Act. This Section is a limitation under
15		subsection (i) of Section 6 of Article VII of the Illinois
16		Constitution on the concurrent exercise by home rule units
17		of powers and functions exercised by the State.
18		(5) A unit of local government, including a home rule
19		unit or any non-home rule county within the unincorporated
20		territory of the county, may enact ordinances to prohibit
21		or significantly limit a cannabis business establishment's
22		location.
23		(Source: P.A. 101-27, eff. 6-25-19.)
24		(410 ILCS 705/55-28)
25		Sec. 55-28. Restricted cannabis zones.

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1		(a) As used in this Section:
2		"Legal voter" means a person:
3		(1) who is duly registered to vote in a municipality
4		with a population of over 500,000;
5		(2) whose name appears on a poll list compiled by the
6		city board of election commissioners since the last
7		preceding election, regardless of whether the election was
8		a primary, general, or special election;
9		(3) who, at the relevant time, is a resident of the
10		address at which he or she is registered to vote; and
11		(4) whose address, at the relevant time, is located in
12		the precinct where such person seeks to file a notice of
13		intent to initiate a petition process, circulate a
14		petition, or sign a petition under this Section.
15		As used in the definition of "legal voter", "relevant time"
16		means any time that:
17		(i) a notice of intent is filed, pursuant to subsection
18		(c) of this Section, to initiate the petition process under
19		this Section;
20		(ii) the petition is circulated for signature in the
21		applicable precinct; or
22		(iii) the petition is signed by registered voters in
23		the applicable precinct.
24		"Petition" means the petition described in this Section.
25		"Precinct" means the smallest constituent territory within
26		a municipality with a population of over 500,000 in which

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1		electors vote as a unit at the same polling place in any
2		election governed by the Election Code.
3		"Restricted cannabis zone" means a precinct within which
4		home cultivation, one or more types of cannabis business
5		establishments, or both has been prohibited pursuant to an
6		ordinance initiated by a petition under this Section.
7		(b) The legal voters of any precinct within a municipality
8		with a population of over 500,000 may petition their local
9		alderman, using a petition form made available online by the
10		city clerk, to introduce an ordinance establishing the precinct
11		as a restricted zone. Such petition shall specify whether it
12		seeks an ordinance to prohibit, within the precinct: (i) home
13		cultivation; (ii) one or more types of cannabis business
14		establishments; or (iii) home cultivation and one or more types
15		of cannabis business establishments.
16		Upon receiving a petition containing the signatures of at
17		least 25% of the registered voters of the precinct, and
18		concluding that the petition is legally sufficient following
19		the posting and review process in subsection (c) of this
20		Section, the city clerk shall notify the local alderman of the
21		ward in which the precinct is located. Upon being notified,
22		that alderman, following an assessment of relevant factors
23		within the precinct, including but not limited to, its
24		geography, density and character, the prevalence of
25		residentially zoned property, current licensed cannabis
26		business establishments in the precinct, the current amount of

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1		home cultivation in the precinct, and the prevailing viewpoint
2		with regard to the issue raised in the petition, may introduce
3		an ordinance to the municipality's governing body creating a
4		restricted cannabis zone in that precinct.
5		(c) A person seeking to initiate the petition process
6		described in this Section shall first submit to the city clerk
7		notice of intent to do so, on a form made available online by
8		the city clerk. That notice shall include a description of the
9		potentially affected area and the scope of the restriction
10		sought. The city clerk shall publicly post the submitted notice
11		online.
12		To be legally sufficient, a petition must contain the
13		requisite number of valid signatures and all such signatures
14		must be obtained within 90 days of the date that the city clerk
15		publicly posts the notice of intent. Upon receipt, the city
16		clerk shall post the petition on the municipality's website for
17		a 30-day comment period. The city clerk is authorized to take
18		all necessary and appropriate steps to verify the legal
19		sufficiency of a submitted petition. Following the petition
20		review and comment period, the city clerk shall publicly post
21		online the status of the petition as accepted or rejected, and
22		if rejected, the reasons therefor. If the city clerk rejects a
23		petition as legally insufficient, a minimum of 12 months must
24		elapse from the time the city clerk posts the rejection notice
25		before a new notice of intent for that same precinct may be
26		submitted.

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1		(c-5) Within 3 days after receiving an application for
2		zoning approval to locate a cannabis business establishment
3		within a municipality with a population of over 500,000, the
4		municipality shall post a public notice of the filing on its
5		website and notify the alderman of the ward in which the
6		proposed cannabis business establishment is to be located of
7		the filing. No action shall be taken on the zoning application
8		for 7 business days following the notice of the filing for
9		zoning approval.
10		If a notice of intent to initiate the petition process to
11		prohibit the type of cannabis business establishment proposed
12		in the precinct of the proposed cannabis business establishment
13		is filed prior to the filing of the application or within the
14		7-day period after the filing of the application, the
15		municipality shall not approve the application for at least 90
16		days after the city clerk publicly posts the notice of intent
17		to initiate the petition process. If a petition is filed within
18		the 90-day petition-gathering period described in subsection
19		(c), the municipality shall not approve the application for an
20		additional 90 days after the city clerk's receipt of the
21		petition; provided that if the city clerk rejects a petition as
22		legally insufficient, the municipality may approve the
23		application prior to the end of the 90 days. If a petition is
24		not submitted within the 90-day petition-gathering period
25		described in subsection (c), the municipality may approve the
26		application unless the approval is otherwise stayed pursuant to

SB1557 Enrolled - 347 - LRB101 08168 SMS 53234 b
1		this subsection by a separate notice of intent to initiate the
2		petition process filed timely within the 7-day period.
3		If no legally sufficient petition is timely filed, a
4		minimum of 12 months must elapse before a new notice of intent
5		for that same precinct may be submitted.
6		(d) Notwithstanding any law to the contrary, the
7		municipality may enact an ordinance creating a restricted
8		cannabis zone. The ordinance shall:
9		(1) identify the applicable precinct boundaries as of
10		the date of the petition;
11		(2) state whether the ordinance prohibits within the
12		defined boundaries of the precinct, and in what
13		combination: (A) one or more types of cannabis business
14		establishments; or (B) home cultivation;
15		(3) be in effect for 4 years, unless repealed earlier;
16		and
17		(4) once in effect, be subject to renewal by ordinance
18		at the expiration of the 4-year period without the need for
19		another supporting petition.
20		(Source: P.A. 101-27, eff. 6-25-19.)
21		(410 ILCS 705/55-30)
22		Sec. 55-30. Confidentiality.
23		(a) Information provided by the cannabis business
24		establishment licensees or applicants to the Department of
25		Agriculture, the Department of Public Health, the Department of

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1		Financial and Professional Regulation, the Department of
2		Commerce and Economic Opportunity, or other agency shall be
3		limited to information necessary for the purposes of
4		administering this Act. The information is subject to the
5		provisions and limitations contained in the Freedom of
6		Information Act and may be disclosed in accordance with Section
7		55-65.
8		(b) The following information received and records kept by
9		the Department of Agriculture, the Department of Public Health,
10		the Department of State Police, and the Department of Financial
11		and Professional Regulation for purposes of administering this
12		Article are subject to all applicable federal privacy laws, are
13		confidential and exempt from disclosure under the Freedom of
14		Information Act, except as provided in this Act, and not
15		subject to disclosure to any individual or public or private
16		entity, except to the Department of Financial and Professional
17		Regulation, the Department of Agriculture, the Department of
18		Public Health, and the Department of State Police as necessary
19		to perform official duties under this Article and to the
20		Attorney General as necessary to enforce the provisions of this
21		Act. The following information received and kept by the
22		Department of Financial and Professional Regulation or the
23		Department of Agriculture may be disclosed to the Department of
24		Public Health, the Department of Agriculture, the Department of
25		Revenue, the Department of State Police, or the Attorney
26		General upon proper . The following information received and

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1		kept by the Department of Financial and Professional Regulation
2		or the Department of Agriculture, excluding any existing or
3		non-existing Illinois or national criminal history record
4		information, may be disclosed to the Department of Public
5		Health, the Department of Agriculture, the Department of
6		Revenue, or the Department of State Police upon request:
7		(1) Applications and renewals, their contents, and
8		supporting information submitted by or on behalf of
9		dispensing organizations in compliance with this Article,
10		including their physical addresses;
11		(2) Any plans, procedures, policies, or other records
12		relating to dispensing organization security; and
13		(3) Information otherwise exempt from disclosure by
14		State or federal law.
15		Illinois or national criminal history record information,
16		or the nonexistence or lack of such information, may not be
17		disclosed by the Department of Financial and Professional
18		Regulation or the Department of Agriculture, except as
19		necessary to the Attorney General to enforce this Act.
20		(c) The name and address of a dispensing organization
21		licensed under this Act shall be subject to disclosure under
22		the Freedom of Information Act. The name and cannabis business
23		establishment address of the person or entity holding each
24		cannabis business establishment license shall be subject to
25		disclosure.
26		(d) All information collected by the Department of

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1		Financial and Professional Regulation in the course of an
2		examination, inspection, or investigation of a licensee or
3		applicant, including, but not limited to, any complaint against
4		a licensee or applicant filed with the Department and
5		information collected to investigate any such complaint, shall
6		be maintained for the confidential use of the Department and
7		shall not be disclosed, except as otherwise provided in this
8		the Act. A formal complaint against a licensee by the
9		Department or any disciplinary order issued by the Department
10		against a licensee or applicant shall be a public record,
11		except as otherwise provided by law prohibited by law, as
12		required by law, or as necessary to enforce the provisions of
13		this Act. Complaints from consumers or members of the general
14		public received regarding a specific, named licensee or
15		complaints regarding conduct by unlicensed entities shall be
16		subject to disclosure under the Freedom of Information Act.
17		(e) The Department of Agriculture, the Department of State
18		Police, and the Department of Financial and Professional
19		Regulation shall not share or disclose any Illinois or national
20		criminal history record information, or the nonexistence or
21		lack of such information, existing or non-existing Illinois or
22		national criminal history record information to any person or
23		entity not expressly authorized by this Act. As used in this
24		Section, "any existing or non-existing Illinois or national
25		criminal history record information" means any Illinois or
26		national criminal history record information, including but

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1		not limited to the lack of or non-existence of these records.
2		(f) Each Department responsible for licensure under this
3		Act shall publish on the Department's website a list of the
4		ownership information of cannabis business establishment
5		licensees under the Department's jurisdiction. The list shall
6		include, but is not limited to: the name of the person or
7		entity holding each cannabis business establishment license;
8		and the address at which the entity is operating under this
9		Act. This list shall be published and updated monthly.
10		(Source: P.A. 101-27, eff. 6-25-19; revised 9-10-19.)
11		(410 ILCS 705/55-35)
12		Sec. 55-35. Administrative rulemaking.
13		(a) No later than 180 days after the effective date of this
14		Act, the Department of Agriculture, the Department of State
15		Police, the Department of Financial and Professional
16		Regulation, the Department of Revenue, the Department of
17		Commerce and Economic Opportunity, and the Treasurer's Office
18		shall adopt permanent rules in accordance with their
19		responsibilities under this Act. The Department of
20		Agriculture, the Department of State Police, the Department of
21		Financial and Professional Regulation, the Department of
22		Revenue, and the Department of Commerce and Economic
23		Opportunity may adopt rules necessary to regulate personal
24		cannabis use through the use of emergency rulemaking in
25		accordance with subsection (gg) of Section 5-45 of the Illinois

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1		Administrative Procedure Act. The General Assembly finds that
2		the adoption of rules to regulate cannabis use is deemed an
3		emergency and necessary for the public interest, safety, and
4		welfare.
5		(b) The Department of Agriculture rules may address, but
6		are not limited to, the following matters related to
7		cultivation centers, craft growers, infuser organizations, and
8		transporting organizations with the goal of protecting against
9		diversion and theft, without imposing an undue burden on the
10		cultivation centers, craft growers, infuser organizations, or
11		transporting organizations:
12		(1) oversight requirements for cultivation centers,
13		craft growers, infuser organizations, and transporting
14		organizations;
15		(2) recordkeeping requirements for cultivation
16		centers, craft growers, infuser organizations, and
17		transporting organizations;
18		(3) security requirements for cultivation centers,
19		craft growers, infuser organizations, and transporting
20		organizations, which shall include that each cultivation
21		center, craft grower, infuser organization, and
22		transporting organization location must be protected by a
23		fully operational security alarm system;
24		(4) standards for enclosed, locked facilities under
25		this Act;
26		(5) procedures for suspending or revoking the

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1		identification cards of agents of cultivation centers,
2		craft growers, infuser organizations, and transporting
3		organizations that commit violations of this Act or the
4		rules adopted under this Section;
5		(6) rules concerning the intrastate transportation of
6		cannabis from a cultivation center, craft grower, infuser
7		organization, and transporting organization to a
8		dispensing organization;
9		(7) standards concerning the testing, quality,
10		cultivation, and processing of cannabis; and
11		(8) any other matters under oversight by the Department
12		of Agriculture as are necessary for the fair, impartial,
13		stringent, and comprehensive administration of this Act.
14		(c) The Department of Financial and Professional
15		Regulation rules may address, but are not limited to, the
16		following matters related to dispensing organizations, with
17		the goal of protecting against diversion and theft, without
18		imposing an undue burden on the dispensing organizations:
19		(1) oversight requirements for dispensing
20		organizations;
21		(2) recordkeeping requirements for dispensing
22		organizations;
23		(3) security requirements for dispensing
24		organizations, which shall include that each dispensing
25		organization location must be protected by a fully
26		operational security alarm system;

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1		(4) procedures for suspending or revoking the licenses
2		of dispensing organization agents that commit violations
3		of this Act or the rules adopted under this Act;
4		(5) any other matters under oversight by the Department
5		of Financial and Professional Regulation that are
6		necessary for the fair, impartial, stringent, and
7		comprehensive administration of this Act.
8		(d) The Department of Revenue rules may address, but are
9		not limited to, the following matters related to the payment of
10		taxes by cannabis business establishments:
11		(1) recording of sales;
12		(2) documentation of taxable income and expenses;
13		(3) transfer of funds for the payment of taxes; or
14		(4) any other matter under the oversight of the
15		Department of Revenue.
16		(e) The Department of Commerce and Economic Opportunity
17		rules may address, but are not limited to, a loan program or
18		grant program to assist Social Equity Applicants access the
19		capital needed to start a cannabis business establishment. The
20		names of recipients and the amounts of any moneys received
21		through a loan program or grant program shall be a public
22		record.
23		(f) The Department of State Police rules may address
24		enforcement of its authority under this Act. The Department of
25		State Police shall not make rules that infringe on the
26		exclusive authority of the Department of Financial and

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1		Professional Regulation or the Department of Agriculture over
2		licensees under this Act.
3		(g) The Department of Human Services Public Health shall
4		develop and disseminate:
5		(1) educational information about the health risks
6		associated with the use of cannabis; and
7		(2) one or more public education campaigns in
8		coordination with local health departments and community
9		organizations, including one or more prevention campaigns
10		directed at children, adolescents, parents, and pregnant
11		or breastfeeding women, to inform them of the potential
12		health risks associated with intentional or unintentional
13		cannabis use.
14		(Source: P.A. 101-27, eff. 6-25-19.)
15		(410 ILCS 705/55-65)
16		Sec. 55-65. Financial institutions.
17		(a) A financial institution that provides financial
18		services customarily provided by financial institutions to a
19		cannabis business establishment authorized under this Act or
20		the Compassionate Use of Medical Cannabis Pilot Program Act, or
21		to a person that is affiliated with such cannabis business
22		establishment, is exempt from any criminal law of this State as
23		it relates to cannabis-related conduct authorized under State
24		law.
25		(b) Upon request of a financial institution, a cannabis

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1		business establishment or proposed cannabis business
2		establishment may provide to the financial institution the
3		following information:
4		(1) Whether a cannabis business establishment with
5		which the financial institution is doing or is considering
6		doing business holds a license under this Act or the
7		Compassionate Use of Medical Cannabis Pilot Program Act;
8		(2) The name of any other business or individual
9		affiliate with the cannabis business establishment;
10		(3) A copy of the application, and any supporting
11		documentation submitted with the application, for a
12		license or a permit submitted on behalf of the proposed
13		cannabis business establishment;
14		(4) If applicable, data relating to sales and the
15		volume of product sold by the cannabis business
16		establishment;
17		(5) Any past or pending violation by the person of this
18		Act, the Compassionate Use of Medical Cannabis Pilot
19		Program Act, or the rules adopted under these Acts where
20		applicable; and
21		(6) Any penalty imposed upon the person for violating
22		this Act, the Compassionate Use of Medical Cannabis Pilot
23		Program Act, or the rules adopted under these Acts.
24		(c) (Blank).
25		(d) (Blank).
26		(e) Information received by a financial institution under

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1		this Section is confidential. Except as otherwise required or
2		permitted by this Act, State law or rule, or federal law or
3		regulation, a financial institution may not make the
4		information available to any person other than:
5		(1) the customer to whom the information applies;
6		(2) a trustee, conservator, guardian, personal
7		representative, or agent of the customer to whom the
8		information applies; a federal or State regulator when
9		requested in connection with an examination of the
10		financial institution or if otherwise necessary for
11		complying with federal or State law;
12		(3) a federal or State regulator when requested in
13		connection with an examination of the financial
14		institution or if otherwise necessary for complying with
15		federal or State law; and
16		(4) a third party performing services for the financial
17		institution, provided the third party is performing such
18		services under a written agreement that expressly or by
19		operation of law prohibits the third party's sharing and
20		use of such confidential information for any purpose other
21		than as provided in its agreement to provide services to
22		the financial institution.
23		(Source: P.A. 101-27, eff. 6-25-19.)
24		(410 ILCS 705/55-80)
25		Sec. 55-80. Annual reports.

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1		(a) The Department of Financial and Professional
2		Regulation shall submit to the General Assembly and Governor a
3		report, by September 30 of each year, that does not disclose
4		any information identifying information about cultivation
5		centers, craft growers, infuser organizations, transporting
6		organizations, or dispensing organizations, but does contain,
7		at a minimum, all of the following information for the previous
8		fiscal year:
9		(1) The number of licenses issued to dispensing
10		organizations by county, or, in counties with greater than
11		3,000,000 residents, by zip code;
12		(2) The total number of dispensing organization owners
13		that are Social Equity Applicants or minority persons,
14		women, or persons with disabilities as those terms are
15		defined in the Business Enterprise for Minorities, Women,
16		and Persons with Disabilities Act;
17		(3) The total number of revenues received from
18		dispensing organizations, segregated from revenues
19		received from dispensing organizations under the
20		Compassionate Use of Medical Cannabis Pilot Program Act by
21		county, separated by source of revenue;
22		(4) The total amount of revenue received from
23		dispensing organizations that share a premises or majority
24		ownership with a craft grower;
25		(5) The total amount of revenue received from
26		dispensing organizations that share a premises or majority

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1		ownership with an infuser; and
2		(6) An analysis of revenue generated from taxation,
3		licensing, and other fees for the State, including
4		recommendations to change the tax rate applied.
5		(b) The Department of Agriculture shall submit to the
6		General Assembly and Governor a report, by September 30 of each
7		year, that does not disclose any information identifying
8		information about cultivation centers, craft growers, infuser
9		organizations, transporting organizations, or dispensing
10		organizations, but does contain, at a minimum, all of the
11		following information for the previous fiscal year:
12		(1) The number of licenses issued to cultivation
13		centers, craft growers, infusers, and transporters by
14		license type, and, in counties with more than 3,000,000
15		residents, by zip code;
16		(2) The total number of cultivation centers, craft
17		growers, infusers, and transporters by license type that
18		are Social Equity Applicants or minority persons, women, or
19		persons with disabilities as those terms are defined in the
20		Business Enterprise for Minorities, Women, and Persons
21		with Disabilities Act;
22		(3) The total amount of revenue received from
23		cultivation centers, craft growers, infusers, and
24		transporters, separated by license types and source of
25		revenue;
26		(4) The total amount of revenue received from craft

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1		growers and infusers that share a premises or majority
2		ownership with a dispensing organization;
3		(5) The total amount of revenue received from craft
4		growers that share a premises or majority ownership with an
5		infuser, but do not share a premises or ownership with a
6		dispensary;
7		(6) The total amount of revenue received from infusers
8		that share a premises or majority ownership with a craft
9		grower, but do not share a premises or ownership with a
10		dispensary;
11		(7) The total amount of revenue received from craft
12		growers that share a premises or majority ownership with a
13		dispensing organization, but do not share a premises or
14		ownership with an infuser;
15		(8) The total amount of revenue received from infusers
16		that share a premises or majority ownership with a
17		dispensing organization, but do not share a premises or
18		ownership with a craft grower;
19		(9) The total amount of revenue received from
20		transporters; and
21		(10) An analysis of revenue generated from taxation,
22		licensing, and other fees for the State, including
23		recommendations to change the tax rate applied.
24		(c) The Department of State Police shall submit to the
25		General Assembly and Governor a report, by September 30 of each
26		year that contains, at a minimum, all of the following

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1		information for the previous fiscal year:
2		(1) The effect of regulation and taxation of cannabis
3		on law enforcement resources;
4		(2) The impact of regulation and taxation of cannabis
5		on highway and waterway safety and rates of impaired
6		driving or operating safety and rates of impaired driving,
7		where impairment was determined based on failure of a field
8		sobriety test;
9		(3) The available and emerging methods for detecting
10		the metabolites for delta-9-tetrahydrocannabinol in bodily
11		fluids, including, without limitation, blood and saliva;
12		(4) The effectiveness of current DUI laws and
13		recommendations for improvements to policy to better
14		ensure safe highways and fair laws.
15		(d) The Adult Use Cannabis Health Advisory Committee shall
16		submit to the General Assembly and Governor a report, by
17		September 30 of each year, that does not disclose any
18		identifying information about any individuals, but does
19		contain, at a minimum:
20		(1) Self-reported youth cannabis use, as published in
21		the most recent Illinois Youth Survey available;
22		(2) Self-reported adult cannabis use, as published in
23		the most recent Behavioral Risk Factor Surveillance Survey
24		available;
25		(3) Hospital room admissions and hospital utilization
26		rates caused by cannabis consumption, including the

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1		presence or detection of other drugs;
2		(4) Overdoses of cannabis and poison control data,
3		including the presence of other drugs that may have
4		contributed;
5		(5) Incidents of impaired driving caused by the
6		consumption of cannabis or cannabis products, including
7		the presence of other drugs or alcohol that may have
8		contributed to the impaired driving;
9		(6) Prevalence of infants born testing positive for
10		cannabis or delta-9-tetrahydrocannabinol, including
11		demographic and racial information on which infants are
12		tested;
13		(7) Public perceptions of use and risk of harm;
14		(8) Revenue collected from cannabis taxation and how
15		that revenue was used;
16		(9) Cannabis retail licenses granted and locations;
17		(10) Cannabis-related arrests; and
18		(11) The number of individuals completing required bud
19		tender training.
20		(e) Each agency or committee submitting reports under this
21		Section may consult with one another in the preparation of each
22		report.
23		(Source: P.A. 101-27, eff. 6-25-19.)
24		(410 ILCS 705/55-85)
25		Sec. 55-85. Medical cannabis.

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1		(a) Nothing in this Act shall be construed to limit any
2		privileges or rights of a medical cannabis patient including
3		minor patients, primary caregiver, medical cannabis
4		cultivation center, or medical cannabis dispensing
5		organization under the Compassionate Use of Medical Cannabis
6		Pilot Program Act, and where there is conflict between this Act
7		and the Compassionate Use of Medical Cannabis Pilot Program Act
8		as they relate to medical cannabis patients, the Compassionate
9		Use of Medical Cannabis Pilot Program Act shall prevail.
10		(b) Dispensary locations that obtain an Early Approval
11		Adult Use Dispensary Organization License or an Adult Use
12		Dispensary Organization License in accordance with this Act at
13		the same location as a medical cannabis dispensing organization
14		registered under the Compassionate Use of Medical Cannabis
15		Pilot Program Act shall maintain an inventory of medical
16		cannabis and medical cannabis products on a monthly basis that
17		is substantially similar in variety and quantity to the
18		products offered at the dispensary during the 6-month period
19		immediately before the effective date of this Act.
20		(c) Beginning June 30, 2020, the Department of Agriculture
21		shall make a quarterly determination whether inventory
22		requirements established for dispensaries in subsection (b)
23		should be adjusted due to changing patient need.
24		(Source: P.A. 101-27, eff. 6-25-19.)
25		(410 ILCS 705/55-95)

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1		Sec. 55-95. Conflict of interest. A person is ineligible to
2		apply for, hold, or own financial or voting interest, other
3		than a passive interest in a publicly traded company, in any
4		cannabis business license under this Act if, within a 2-year
5		period from the effective date of this Act, the person or his
6		or her spouse or immediate immediately family member was a
7		member of the General Assembly or a State employee at an agency
8		that regulates cannabis business establishment license holders
9		who participated personally and substantially in the award of
10		licenses under this Act. A person who violates this Section
11		shall be guilty under subsection (b) of Section 50-5 of the
12		State Officials and Employees Ethics Act.
13		(Source: P.A. 101-27, eff. 6-25-19.)
14		(410 ILCS 705/60-5)
15		Sec. 60-5. Definitions. In this Article:
16		"Cannabis" has the meaning given to that term in Article 1
17		of this Act, except that it does not include cannabis that is
18		subject to tax under the Compassionate Use of Medical Cannabis
19		Pilot Program Act.
20		"Craft grower" has the meaning given to that term in
21		Article 1 of this Act.
22		"Cultivation center" has the meaning given to that term in
23		Article 1 of this Act.
24		"Cultivator" or "taxpayer" means a cultivation center or
25		craft grower who is subject to tax under this Article.

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1		"Department" means the Department of Revenue.
2		"Director" means the Director of Revenue.
3		"Dispensing organization" or "dispensary" has the meaning
4		given to that term in Article 1 of this Act.
5		"Gross receipts" from the sales of cannabis by a cultivator
6		means the total selling price or the amount of such sales, as
7		defined in this Article. In the case of charges and time sales,
8		the amount thereof shall be included only when payments are
9		received by the cultivator.
10		"Person" means a natural individual, firm, partnership,
11		association, joint stock company, joint adventure, public or
12		private corporation, limited liability company, or a receiver,
13		executor, trustee, guardian, or other representative appointed
14		by order of any court.
15		"Infuser" means "infuser organization" or "infuser" as
16		defined in Article 1 of this Act.
17		"Selling price" or "amount of sale" means the consideration
18		for a sale valued in money whether received in money or
19		otherwise, including cash, credits, property, and services,
20		and shall be determined without any deduction on account of the
21		cost of the property sold, the cost of materials used, labor or
22		service cost, or any other expense whatsoever, but does not
23		include separately stated charges identified on the invoice by
24		cultivators to reimburse themselves for their tax liability
25		under this Article.
26		(Source: P.A. 101-27, eff. 6-25-19.)

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1		(410 ILCS 705/60-20)
2		Sec. 60-20. Return and payment of cannabis cultivation
3		privilege tax. Each person who is required to pay the tax
4		imposed by this Article shall make a return to the Department
5		on or before the 20th day of each month for the preceding
6		calendar month stating the following:
7		(1) the taxpayer's name;
8		(2) the address of the taxpayer's principal place of
9		business and the address of the principal place of business
10		(if that is a different address) from which the taxpayer is
11		engaged in the business of cultivating cannabis subject to
12		tax under this Article;
13		(3) the total amount of receipts received by the
14		taxpayer during the preceding calendar month from sales of
15		cannabis subject to tax under this Article by the taxpayer
16		during the preceding calendar month;
17		(4) the total amount received by the taxpayer during
18		the preceding calendar month on charge and time sales of
19		cannabis subject to tax imposed under this Article by the
20		taxpayer before the month for which the return is filed;
21		(5) deductions allowed by law;
22		(6) gross receipts that were received by the taxpayer
23		during the preceding calendar month and upon the basis of
24		which the tax is imposed;
25		(7) the amount of tax due;

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1		(8) the signature of the taxpayer; and
2		(9) any other information as the Department may
3		reasonably require.
4		All returns required to be filed and payments required to
5		be made under this Article shall be by electronic means.
6		Taxpayers who demonstrate hardship in paying electronically
7		may petition the Department to waive the electronic payment
8		requirement. The Department may require a separate return for
9		the tax under this Article or combine the return for the tax
10		under this Article with the return for the tax under the
11		Compassionate Use of Medical Cannabis Pilot Program Act. If the
12		return for the tax under this Article is combined with the
13		return for tax under the Compassionate Use of Medical Cannabis
14		Pilot Program Act, then the vendor's discount allowed under
15		this Section and any cap on that discount shall apply to the
16		combined return. The taxpayer making the return provided for in
17		this Section shall also pay to the Department, in accordance
18		with this Section, the amount of tax imposed by this Article,
19		less a discount of 1.75%, but not to exceed $1,000 per return
20		period, which is allowed to reimburse the taxpayer for the
21		expenses incurred in keeping records, collecting tax,
22		preparing and filing returns, remitting the tax, and supplying
23		data to the Department upon request. No discount may be claimed
24		by a taxpayer on returns not timely filed and for taxes not
25		timely remitted. No discount may be claimed by a taxpayer for
26		any return that is not filed electronically. No discount may be

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1		claimed by a taxpayer for any payment that is not made
2		electronically, unless a waiver has been granted under this
3		Section. Any amount that is required to be shown or reported on
4		any return or other document under this Article shall, if the
5		amount is not a whole-dollar amount, be increased to the
6		nearest whole-dollar amount if the fractional part of a dollar
7		is $0.50 or more and decreased to the nearest whole-dollar
8		amount if the fractional part of a dollar is less than $0.50.
9		If a total amount of less than $1 is payable, refundable, or
10		creditable, the amount shall be disregarded if it is less than
11		$0.50 and shall be increased to $1 if it is $0.50 or more.
12		Notwithstanding any other provision of this Article concerning
13		the time within which a taxpayer may file a return, any such
14		taxpayer who ceases to engage in the kind of business that
15		makes the person responsible for filing returns under this
16		Article shall file a final return under this Article with the
17		Department within one month after discontinuing such business.
18		Each taxpayer under this Article shall make estimated
19		payments to the Department on or before the 7th, 15th, 22nd,
20		and last day of the month during which tax liability to the
21		Department is incurred. The payments shall be in an amount not
22		less than the lower of either 22.5% of the taxpayer's actual
23		tax liability for the month or 25% of the taxpayer's actual tax
24		liability for the same calendar month of the preceding year.
25		The amount of the quarter-monthly payments shall be credited
26		against the final tax liability of the taxpayer's return for

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1		that month. If any quarter-monthly payment is not paid at the
2		time or in the amount required by this Section, then the
3		taxpayer shall be liable for penalties and interest on the
4		difference between the minimum amount due as a payment and the
5		amount of the quarter-monthly payment actually and timely paid,
6		except insofar as the taxpayer has previously made payments for
7		that month to the Department in excess of the minimum payments
8		previously due as provided in this Section.
9		If any payment provided for in this Section exceeds the
10		taxpayer's liabilities under this Article, as shown on an
11		original monthly return, the Department shall, if requested by
12		the taxpayer, issue to the taxpayer a credit memorandum no
13		later than 30 days after the date of payment. The credit
14		evidenced by the credit memorandum may be assigned by the
15		taxpayer to a similar taxpayer under this Act, in accordance
16		with reasonable rules to be prescribed by the Department. If no
17		such request is made, the taxpayer may credit the excess
18		payment against tax liability subsequently to be remitted to
19		the Department under this Act, in accordance with reasonable
20		rules prescribed by the Department. If the Department
21		subsequently determines that all or any part of the credit
22		taken was not actually due to the taxpayer, the taxpayer's
23		discount shall be reduced, if necessary, to reflect the
24		difference between the credit taken and that actually due, and
25		that taxpayer shall be liable for penalties and interest on the
26		difference.

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1		If a taxpayer fails to sign a return within 30 days after
2		the proper notice and demand for signature by the Department is
3		received by the taxpayer, the return shall be considered valid
4		and any amount shown to be due on the return shall be deemed
5		assessed.
6		(Source: P.A. 101-27, eff. 6-25-19.)
7		(410 ILCS 705/65-5)
8		Sec. 65-5. Definitions. In this Article:
9		"Adjusted delta-9-tetrahydrocannabinol level" means, for a
10		delta-9-tetrahydrocannabinol dominant product, the sum of the
11		percentage of delta-9-tetrahydrocannabinol plus .877
12		multiplied by the percentage of tetrahydrocannabinolic acid.
13		"Cannabis" has the meaning given to that term in Article 1
14		of this Act, except that it does not include cannabis that is
15		subject to tax under the Compassionate Use of Medical Cannabis
16		Pilot Program Act.
17		"Cannabis-infused product" means beverage food, oils,
18		ointments, tincture, topical formulation, or another product
19		containing cannabis that is not intended to be smoked.
20		"Cannabis retailer" means a dispensing organization that
21		sells cannabis for use and not for resale.
22		"Craft grower" has the meaning given to that term in
23		Article 1 of this Act.
24		"Department" means the Department of Revenue.
25		"Director" means the Director of Revenue.

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1		"Dispensing organization" or "dispensary" has the meaning
2		given to that term in Article 1 of this Act.
3		"Person" means a natural individual, firm, partnership,
4		association, joint stock company, joint adventure, public or
5		private corporation, limited liability company, or a receiver,
6		executor, trustee, guardian, or other representative appointed
7		by order of any court.
8		"Infuser organization" or "infuser" means a facility
9		operated by an organization or business that is licensed by the
10		Department of Agriculture to directly incorporate cannabis or
11		cannabis concentrate into a product formulation to produce a
12		cannabis-infused product.
13		"Purchase price" means the consideration paid for a
14		purchase of cannabis, valued in money, whether received in
15		money or otherwise, including cash, gift cards, credits, and
16		property and shall be determined without any deduction on
17		account of the cost of materials used, labor or service costs,
18		or any other expense whatsoever. However, "purchase price" does
19		not include consideration paid for:
20		(1) any charge for a payment that is not honored by a
21		financial institution;
22		(2) any finance or credit charge, penalty or charge for
23		delayed payment, or discount for prompt payment; and
24		(3) any amounts added to a purchaser's bill because of
25		charges made under the tax imposed by this Article, the
26		Municipal Cannabis Retailers' Occupation Tax Law, the

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1		County Cannabis Retailers' Occupation Tax Law, the
2		Retailers' Occupation Tax Act, the Use Tax Act, the Service
3		Occupation Tax Act, the Service Use Tax Act, or any locally
4		imposed occupation or use tax.
5		"Purchaser" means a person who acquires cannabis for a
6		valuable consideration.
7		"Taxpayer" means a cannabis retailer who is required to
8		collect the tax imposed under this Article.
9		(Source: P.A. 101-27, eff. 6-25-19.)
10		(410 ILCS 705/65-10)
11		Sec. 65-10. Tax imposed.
12		(a) Beginning January 1, 2020, a tax is imposed upon
13		purchasers for the privilege of using cannabis at the following
14		rates:
15		(1) Any cannabis, other than a cannabis-infused
16		product, with an adjusted delta-9-tetrahydrocannabinol
17		level at or below 35% shall be taxed at a rate of 10% of the
18		purchase price;
19		(2) Any cannabis, other than a cannabis-infused
20		product, with an adjusted delta-9-tetrahydrocannabinol
21		level above 35% shall be taxed at a rate of 25% of the
22		purchase price; and
23		(3) A cannabis-infused product shall be taxed at a rate
24		of 20% of the purchase price.
25		(b) The purchase of any product that contains any amount of

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1		cannabis or any derivative thereof is subject to the tax under
2		subsection (a) of this Section on the full purchase price of
3		the product.
4		(c) The tax imposed under this Section is not imposed on
5		cannabis that is subject to tax under the Compassionate Use of
6		Medical Cannabis Pilot Program Act. The tax imposed by this
7		Section is not imposed with respect to any transaction in
8		interstate commerce, to the extent the transaction may not,
9		under the Constitution and statutes of the United States, be
10		made the subject of taxation by this State.
11		(d) The tax imposed under this Article shall be in addition
12		to all other occupation, privilege, or excise taxes imposed by
13		the State of Illinois or by any municipal corporation or
14		political subdivision thereof.
15		(e) The tax imposed under this Article shall not be imposed
16		on any purchase by a purchaser if the cannabis retailer is
17		prohibited by federal or State Constitution, treaty,
18		convention, statute, or court decision from collecting the tax
19		from the purchaser.
20		(Source: P.A. 101-27, eff. 6-25-19.)
21		(410 ILCS 705/65-15)
22		Sec. 65-15. Collection of tax.
23		(a) The tax imposed by this Article shall be collected from
24		the purchaser by the cannabis retailer at the rate stated in
25		Section 65-10 with respect to cannabis sold by the cannabis

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1		retailer to the purchaser, and shall be remitted to the
2		Department as provided in Section 65-30. All sales to a
3		purchaser who is not a cardholder under the Compassionate Use
4		of Medical Cannabis Pilot Program Act are presumed subject to
5		tax collection. Cannabis retailers shall collect the tax from
6		purchasers by adding the tax to the amount of the purchase
7		price received from the purchaser for selling cannabis to the
8		purchaser. The tax imposed by this Article shall, when
9		collected, be stated as a distinct item separate and apart from
10		the purchase price of the cannabis.
11		(b) If a cannabis retailer collects Cannabis Purchaser
12		Excise Tax measured by a purchase price that is not subject to
13		Cannabis Purchaser Excise Tax, or if a cannabis retailer, in
14		collecting Cannabis Purchaser Excise Tax measured by a purchase
15		price that is subject to tax under this Act, collects more from
16		the purchaser than the required amount of the Cannabis
17		Purchaser Excise Tax on the transaction, the purchaser shall
18		have a legal right to claim a refund of that amount from the
19		cannabis retailer. If, however, that amount is not refunded to
20		the purchaser for any reason, the cannabis retailer is liable
21		to pay that amount to the Department.
22		(c) Any person purchasing cannabis subject to tax under
23		this Article as to which there has been no charge made to him
24		or her of the tax imposed by Section 65-10 shall make payment
25		of the tax imposed by Section 65-10 in the form and manner
26		provided by the Department not later than the 20th day of the

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1		month following the month of purchase of the cannabis.
2		(Source: P.A. 101-27, eff. 6-25-19.)
3		Section 30. The Illinois Vehicle Code is amended by
4		changing Sections 2-118.2, 6-206.1, and 11-501.10 as follows:
5		(625 ILCS 5/2-118.2)
6		Sec. 2-118.2. Opportunity for hearing; cannabis-related
7		suspension under Section 11-501.9.
8		(a) A suspension of driving privileges under Section
9		11-501.9 of this Code shall not become effective until the
10		person is notified in writing of the impending suspension and
11		informed that he or she may request a hearing in the circuit
12		court of venue under subsection (b) of this Section and the
13		suspension shall become effective as provided in Section
14		11-501.9.
15		(b) Within 90 days after the notice of suspension served
16		under Section 11-501.9, the person may make a written request
17		for a judicial hearing in the circuit court of venue. The
18		request to the circuit court shall state the grounds upon which
19		the person seeks to have the suspension rescinded. Within 30
20		days after receipt of the written request or the first
21		appearance date on the Uniform Traffic Ticket issued for a
22		violation of Section 11-501 of this Code, or a similar
23		provision of a local ordinance, the hearing shall be conducted
24		by the circuit court having jurisdiction. This judicial

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1		hearing, request, or process shall not stay or delay the
2		suspension. The hearing shall proceed in the court in the same
3		manner as in other civil proceedings.
4		The hearing may be conducted upon a review of the law
5		enforcement officer's own official reports; provided however,
6		that the person may subpoena the officer. Failure of the
7		officer to answer the subpoena shall be considered grounds for
8		a continuance if in the court's discretion the continuance is
9		appropriate.
10		The scope of the hearing shall be limited to the issues of:
11		(1) Whether the officer had reasonable suspicion to
12		believe that the person was driving or in actual physical
13		control of a motor vehicle upon a highway while impaired by
14		the use of cannabis; and
15		(2) Whether the person, after being advised by the
16		officer that the privilege to operate a motor vehicle would
17		be suspended if the person refused to submit to and
18		complete the field sobriety tests or validated roadside
19		chemical tests, did refuse to submit to or complete the
20		field sobriety tests or validated roadside chemical tests
21		authorized under Section 11-501.9; and
22		(3) Whether the person after being advised by the
23		officer that the privilege to operate a motor vehicle would
24		be suspended if the person submitted to field sobriety
25		tests or validated roadside chemical tests that disclosed
26		the person was impaired by the use of cannabis, did submit

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1		to field sobriety tests or validated roadside chemical
2		tests that disclosed that the person was impaired by the
3		use of cannabis.
4		Upon the conclusion of the judicial hearing, the circuit
5		court shall sustain or rescind the suspension and immediately
6		notify the Secretary of State. Reports received by the
7		Secretary of State under this Section shall be privileged
8		information and for use only by the courts, police officers,
9		and Secretary of State.
10		(Source: P.A. 101-27, eff. 6-25-19; 101-363, eff. 8-9-19.)
11		(625 ILCS 5/6-206.1) (from Ch. 95 1/2, par. 6-206.1)
12		Sec. 6-206.1. Monitoring Device Driving Permit.
13		Declaration of Policy. It is hereby declared a policy of the
14		State of Illinois that the driver who is impaired by alcohol,
15		other drug or drugs, or intoxicating compound or compounds is a
16		threat to the public safety and welfare. Therefore, to provide
17		a deterrent to such practice, a statutory summary driver's
18		license suspension is appropriate. It is also recognized that
19		driving is a privilege and therefore, that the granting of
20		driving privileges, in a manner consistent with public safety,
21		is warranted during the period of suspension in the form of a
22		monitoring device driving permit. A person who drives and fails
23		to comply with the requirements of the monitoring device
24		driving permit commits a violation of Section 6-303 of this
25		Code.

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1		The following procedures shall apply whenever a first
2		offender, as defined in Section 11-500 of this Code, is
3		arrested for any offense as defined in Section 11-501 or a
4		similar provision of a local ordinance and is subject to the
5		provisions of Section 11-501.1:
6		(a) Upon mailing of the notice of suspension of driving
7		privileges as provided in subsection (h) of Section 11-501.1 of
8		this Code, the Secretary shall also send written notice
9		informing the person that he or she will be issued a monitoring
10		device driving permit (MDDP). The notice shall include, at
11		minimum, information summarizing the procedure to be followed
12		for issuance of the MDDP, installation of the breath alcohol
13		ignition installation device (BAIID), as provided in this
14		Section, exemption from BAIID installation requirements, and
15		procedures to be followed by those seeking indigent status, as
16		provided in this Section. The notice shall also include
17		information summarizing the procedure to be followed if the
18		person wishes to decline issuance of the MDDP. A copy of the
19		notice shall also be sent to the court of venue together with
20		the notice of suspension of driving privileges, as provided in
21		subsection (h) of Section 11-501. However, a MDDP shall not be
22		issued if the Secretary finds that:
23		(1) the offender's driver's license is otherwise
24		invalid;
25		(2) death or great bodily harm to another resulted from
26		the arrest for Section 11-501;

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1		(3) the offender has been previously convicted of
2		reckless homicide or aggravated driving under the
3		influence involving death; or
4		(4) the offender is less than 18 years of age. ; or
5		(5) the offender is a qualifying patient licensed under
6		the Compassionate Use of Medical Cannabis Program Act who
7		is in possession of a valid registry card issued under that
8		Act and refused to submit to standardized field sobriety
9		tests as required by subsection (a) of Section 11-501.9 or
10		did submit to testing which disclosed the person was
11		impaired by the use of cannabis.
12		Any offender participating in the MDDP program must pay the
13		Secretary a MDDP Administration Fee in an amount not to exceed
14		$30 per month, to be deposited into the Monitoring Device
15		Driving Permit Administration Fee Fund. The Secretary shall
16		establish by rule the amount and the procedures, terms, and
17		conditions relating to these fees. The offender must have an
18		ignition interlock device installed within 14 days of the date
19		the Secretary issues the MDDP. The ignition interlock device
20		provider must notify the Secretary, in a manner and form
21		prescribed by the Secretary, of the installation. If the
22		Secretary does not receive notice of installation, the
23		Secretary shall cancel the MDDP.
24		Upon receipt of the notice, as provided in paragraph (a) of
25		this Section, the person may file a petition to decline
26		issuance of the MDDP with the court of venue. The court shall

SB1557 Enrolled - 380 - LRB101 08168 SMS 53234 b
1		admonish the offender of all consequences of declining issuance
2		of the MDDP including, but not limited to, the enhanced
3		penalties for driving while suspended. After being so
4		admonished, the offender shall be permitted, in writing, to
5		execute a notice declining issuance of the MDDP. This notice
6		shall be filed with the court and forwarded by the clerk of the
7		court to the Secretary. The offender may, at any time
8		thereafter, apply to the Secretary for issuance of a MDDP.
9		(a-1) A person issued a MDDP may drive for any purpose and
10		at any time, subject to the rules adopted by the Secretary
11		under subsection (g). The person must, at his or her own
12		expense, drive only vehicles equipped with an ignition
13		interlock device as defined in Section 1-129.1, but in no event
14		shall such person drive a commercial motor vehicle.
15		(a-2) Persons who are issued a MDDP and must drive
16		employer-owned vehicles in the course of their employment
17		duties may seek permission to drive an employer-owned vehicle
18		that does not have an ignition interlock device. The employer
19		shall provide to the Secretary a form, as prescribed by the
20		Secretary, completed by the employer verifying that the
21		employee must drive an employer-owned vehicle in the course of
22		employment. If approved by the Secretary, the form must be in
23		the driver's possession while operating an employer-owner
24		vehicle not equipped with an ignition interlock device. No
25		person may use this exemption to drive a school bus, school
26		vehicle, or a vehicle designed to transport more than 15

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1		passengers. No person may use this exemption to drive an
2		employer-owned motor vehicle that is owned by an entity that is
3		wholly or partially owned by the person holding the MDDP, or by
4		a family member of the person holding the MDDP. No person may
5		use this exemption to drive an employer-owned vehicle that is
6		made available to the employee for personal use. No person may
7		drive the exempted vehicle more than 12 hours per day, 6 days
8		per week.
9		(a-3) Persons who are issued a MDDP and who must drive a
10		farm tractor to and from a farm, within 50 air miles from the
11		originating farm are exempt from installation of a BAIID on the
12		farm tractor, so long as the farm tractor is being used for the
13		exclusive purpose of conducting farm operations.
14		(b) (Blank).
15		(c) (Blank).
16		(c-1) If the holder of the MDDP is convicted of or receives
17		court supervision for a violation of Section 6-206.2, 6-303,
18		11-204, 11-204.1, 11-401, 11-501, 11-503, 11-506 or a similar
19		provision of a local ordinance or a similar out-of-state
20		offense or is convicted of or receives court supervision for
21		any offense for which alcohol or drugs is an element of the
22		offense and in which a motor vehicle was involved (for an
23		arrest other than the one for which the MDDP is issued), or
24		de-installs the BAIID without prior authorization from the
25		Secretary, the MDDP shall be cancelled.
26		(c-5) If the Secretary determines that the person seeking

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1		the MDDP is indigent, the Secretary shall provide the person
2		with a written document as evidence of that determination, and
3		the person shall provide that written document to an ignition
4		interlock device provider. The provider shall install an
5		ignition interlock device on that person's vehicle without
6		charge to the person, and seek reimbursement from the Indigent
7		BAIID Fund. If the Secretary has deemed an offender indigent,
8		the BAIID provider shall also provide the normal monthly
9		monitoring services and the de-installation without charge to
10		the offender and seek reimbursement from the Indigent BAIID
11		Fund. Any other monetary charges, such as a lockout fee or
12		reset fee, shall be the responsibility of the MDDP holder. A
13		BAIID provider may not seek a security deposit from the
14		Indigent BAIID Fund.
15		(d) MDDP information shall be available only to the courts,
16		police officers, and the Secretary, except during the actual
17		period the MDDP is valid, during which time it shall be a
18		public record.
19		(e) (Blank).
20		(f) (Blank).
21		(g) The Secretary shall adopt rules for implementing this
22		Section. The rules adopted shall address issues including, but
23		not limited to: compliance with the requirements of the MDDP;
24		methods for determining compliance with those requirements;
25		the consequences of noncompliance with those requirements;
26		what constitutes a violation of the MDDP; methods for

SB1557 Enrolled - 383 - LRB101 08168 SMS 53234 b
1		determining indigency; and the duties of a person or entity
2		that supplies the ignition interlock device.
3		(h) The rules adopted under subsection (g) shall provide,
4		at a minimum, that the person is not in compliance with the
5		requirements of the MDDP if he or she:
6		(1) tampers or attempts to tamper with or circumvent
7		the proper operation of the ignition interlock device;
8		(2) provides valid breath samples that register blood
9		alcohol levels in excess of the number of times allowed
10		under the rules;
11		(3) fails to provide evidence sufficient to satisfy the
12		Secretary that the ignition interlock device has been
13		installed in the designated vehicle or vehicles; or
14		(4) fails to follow any other applicable rules adopted
15		by the Secretary.
16		(i) Any person or entity that supplies an ignition
17		interlock device as provided under this Section shall, in
18		addition to supplying only those devices which fully comply
19		with all the rules adopted under subsection (g), provide the
20		Secretary, within 7 days of inspection, all monitoring reports
21		of each person who has had an ignition interlock device
22		installed. These reports shall be furnished in a manner or form
23		as prescribed by the Secretary.
24		(j) Upon making a determination that a violation of the
25		requirements of the MDDP has occurred, the Secretary shall
26		extend the summary suspension period for an additional 3 months

SB1557 Enrolled - 384 - LRB101 08168 SMS 53234 b
1		beyond the originally imposed summary suspension period,
2		during which time the person shall only be allowed to drive
3		vehicles equipped with an ignition interlock device; provided
4		further there are no limitations on the total number of times
5		the summary suspension may be extended. The Secretary may,
6		however, limit the number of extensions imposed for violations
7		occurring during any one monitoring period, as set forth by
8		rule. Any person whose summary suspension is extended pursuant
9		to this Section shall have the right to contest the extension
10		through a hearing with the Secretary, pursuant to Section 2-118
11		of this Code. If the summary suspension has already terminated
12		prior to the Secretary receiving the monitoring report that
13		shows a violation, the Secretary shall be authorized to suspend
14		the person's driving privileges for 3 months, provided that the
15		Secretary may, by rule, limit the number of suspensions to be
16		entered pursuant to this paragraph for violations occurring
17		during any one monitoring period. Any person whose license is
18		suspended pursuant to this paragraph, after the summary
19		suspension had already terminated, shall have the right to
20		contest the suspension through a hearing with the Secretary,
21		pursuant to Section 2-118 of this Code. The only permit the
22		person shall be eligible for during this new suspension period
23		is a MDDP.
24		(k) A person who has had his or her summary suspension
25		extended for the third time, or has any combination of 3
26		extensions and new suspensions, entered as a result of a

SB1557 Enrolled - 385 - LRB101 08168 SMS 53234 b
1		violation that occurred while holding the MDDP, so long as the
2		extensions and new suspensions relate to the same summary
3		suspension, shall have his or her vehicle impounded for a
4		period of 30 days, at the person's own expense. A person who
5		has his or her summary suspension extended for the fourth time,
6		or has any combination of 4 extensions and new suspensions,
7		entered as a result of a violation that occurred while holding
8		the MDDP, so long as the extensions and new suspensions relate
9		to the same summary suspension, shall have his or her vehicle
10		subject to seizure and forfeiture. The Secretary shall notify
11		the prosecuting authority of any third or fourth extensions or
12		new suspension entered as a result of a violation that occurred
13		while the person held a MDDP. Upon receipt of the notification,
14		the prosecuting authority shall impound or forfeit the vehicle.
15		The impoundment or forfeiture of a vehicle shall be conducted
16		pursuant to the procedure specified in Article 36 of the
17		Criminal Code of 2012.
18		(l) A person whose driving privileges have been suspended
19		under Section 11-501.1 of this Code and who had a MDDP that was
20		cancelled, or would have been cancelled had notification of a
21		violation been received prior to expiration of the MDDP,
22		pursuant to subsection (c-1) of this Section, shall not be
23		eligible for reinstatement when the summary suspension is
24		scheduled to terminate. Instead, the person's driving
25		privileges shall be suspended for a period of not less than
26		twice the original summary suspension period, or for the length

SB1557 Enrolled - 386 - LRB101 08168 SMS 53234 b
1		of any extensions entered under subsection (j), whichever is
2		longer. During the period of suspension, the person shall be
3		eligible only to apply for a restricted driving permit. If a
4		restricted driving permit is granted, the offender may only
5		operate vehicles equipped with a BAIID in accordance with this
6		Section.
7		(m) Any person or entity that supplies an ignition
8		interlock device under this Section shall, for each ignition
9		interlock device installed, pay 5% of the total gross revenue
10		received for the device, including monthly monitoring fees,
11		into the Indigent BAIID Fund. This 5% shall be clearly
12		indicated as a separate surcharge on each invoice that is
13		issued. The Secretary shall conduct an annual review of the
14		fund to determine whether the surcharge is sufficient to
15		provide for indigent users. The Secretary may increase or
16		decrease this surcharge requirement as needed.
17		(n) Any person or entity that supplies an ignition
18		interlock device under this Section that is requested to
19		provide an ignition interlock device to a person who presents
20		written documentation of indigency from the Secretary, as
21		provided in subsection (c-5) of this Section, shall install the
22		device on the person's vehicle without charge to the person and
23		shall seek reimbursement from the Indigent BAIID Fund.
24		(o) The Indigent BAIID Fund is created as a special fund in
25		the State treasury. The Secretary shall, subject to
26		appropriation by the General Assembly, use all money in the

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1		Indigent BAIID Fund to reimburse ignition interlock device
2		providers who have installed devices in vehicles of indigent
3		persons. The Secretary shall make payments to such providers
4		every 3 months. If the amount of money in the fund at the time
5		payments are made is not sufficient to pay all requests for
6		reimbursement submitted during that 3 month period, the
7		Secretary shall make payments on a pro-rata basis, and those
8		payments shall be considered payment in full for the requests
9		submitted.
10		(p) The Monitoring Device Driving Permit Administration
11		Fee Fund is created as a special fund in the State treasury.
12		The Secretary shall, subject to appropriation by the General
13		Assembly, use the money paid into this fund to offset its
14		administrative costs for administering MDDPs.
15		(q) The Secretary is authorized to prescribe such forms as
16		it deems necessary to carry out the provisions of this Section.
17		(Source: P.A. 101-363, eff. 8-9-19.)
18		(625 ILCS 5/11-501.10)
19		(Section scheduled to be repealed on July 1, 2021)
20		Sec. 11-501.10. DUI Cannabis Task Force.
21		(a) The DUI Cannabis Task Force is hereby created to study
22		the issue of driving under the influence of cannabis. The Task
23		Force shall consist of the following members:
24		(1) The Director of State Police, or his or her
25		designee, who shall serve as chair;

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1		(2) The Secretary of State, or his or her designee;
2		(3) The President of the Illinois State's Attorneys
3		Association, or his or her designee;
4		(4) The President of the Illinois Association of
5		Criminal Defense Lawyers, or his or her designee;
6		(5) One member appointed by the Speaker of the House of
7		Representatives;
8		(6) One member appointed by the Minority Leader of the
9		House of Representatives;
10		(7) One member appointed by the President of the
11		Senate;
12		(8) One member appointed by the Minority Leader of the
13		Senate;
14		(9) One member of an organization dedicated to end
15		drunk driving and drugged driving;
16		(10) The president of a statewide bar association,
17		appointed by the Governor; and
18		(11) One member of a statewide organization
19		representing civil and constitutional rights, appointed by
20		the Governor;
21		(12) One member of a statewide association
22		representing chiefs of police, appointed by the Governor;
23		and
24		(13) One member of a statewide association
25		representing sheriffs, appointed by the Governor.
26		(b) The members of the Task Force shall serve without

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1		compensation.
2		(c) The Task Force shall examine best practices in the area
3		of driving under the influence of cannabis enforcement,
4		including examining emerging technology in roadside testing.
5		(d) The Task Force shall meet no fewer than 3 times and
6		shall present its report and recommendations on improvements to
7		enforcement of driving under the influence of cannabis, in
8		electronic format, to the Governor and the General Assembly no
9		later than July 1, 2020.
10		(e) The Department of State Police shall provide
11		administrative support to the Task Force as needed. The
12		Sentencing Policy Advisory Council shall provide data on
13		driving under the influence of cannabis offenses and other data
14		to the Task Force as needed.
15		(f) This Section is repealed on July 1, 2021.
16		(Source: P.A. 101-27, eff. 6-25-19.)
17		Section 35. The Cannabis Control Act is amended by changing
18		Sections 3, 4, 5, 5.1, and 8 as follows:
19		(720 ILCS 550/3) (from Ch. 56 1/2, par. 703)
20		Sec. 3. As used in this Act, unless the context otherwise
21		requires:
22		(a) "Cannabis" includes marihuana, hashish and other
23		substances which are identified as including any parts of the
24		plant Cannabis Sativa, whether growing or not; the seeds

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1		thereof, the resin extracted from any part of such plant; and
2		any compound, manufacture, salt, derivative, mixture, or
3		preparation of such plant, its seeds, or resin, including
4		tetrahydrocannabinol (THC) and all other cannabinol
5		derivatives, including its naturally occurring or
6		synthetically produced ingredients, whether produced directly
7		or indirectly by extraction, or independently by means of
8		chemical synthesis or by a combination of extraction and
9		chemical synthesis; but shall not include the mature stalks of
10		such plant, fiber produced from such stalks, oil or cake made
11		from the seeds of such plant, any other compound, manufacture,
12		salt, derivative, mixture, or preparation of such mature stalks
13		(except the resin extracted therefrom), fiber, oil or cake, or
14		the sterilized seed of such plant which is incapable of
15		germination. "Cannabis" does not include industrial hemp as
16		defined and authorized under the Industrial Hemp Act.
17		(b) "Casual delivery" means the delivery of not more than
18		10 grams of any substance containing cannabis without
19		consideration.
20		(c) "Department" means the Illinois Department of Human
21		Services (as successor to the Department of Alcoholism and
22		Substance Abuse) or its successor agency.
23		(d) "Deliver" or "delivery" means the actual, constructive
24		or attempted transfer of possession of cannabis, with or
25		without consideration, whether or not there is an agency
26		relationship.

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1		(e) "Department of State Police" means the Department of
2		State Police of the State of Illinois or its successor agency.
3		(f) "Director" means the Director of the Department of
4		State Police or his designated agent.
5		(g) "Local authorities" means a duly organized State,
6		county, or municipal peace unit or police force.
7		(h) "Manufacture" means the production, preparation,
8		propagation, compounding, conversion or processing of
9		cannabis, either directly or indirectly, by extraction from
10		substances of natural origin, or independently by means of
11		chemical synthesis, or by a combination of extraction and
12		chemical synthesis, and includes any packaging or repackaging
13		of cannabis or labeling of its container, except that this term
14		does not include the preparation, compounding, packaging, or
15		labeling of cannabis as an incident to lawful research,
16		teaching, or chemical analysis and not for sale.
17		(i) "Person" means any individual, corporation, government
18		or governmental subdivision or agency, business trust, estate,
19		trust, partnership or association, or any other entity.
20		(j) "Produce" or "production" means planting, cultivating,
21		tending or harvesting.
22		(k) "State" includes the State of Illinois and any state,
23		district, commonwealth, territory, insular possession thereof,
24		and any area subject to the legal authority of the United
25		States of America.
26		(l) "Subsequent offense" means an offense under this Act,

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1		the offender of which, prior to his conviction of the offense,
2		has at any time been convicted under this Act or under any laws
3		of the United States or of any state relating to cannabis, or
4		any controlled substance as defined in the Illinois Controlled
5		Substances Act.
6		(Source: P.A. 100-1091, eff. 8-26-18.)
7		(720 ILCS 550/4) (from Ch. 56 1/2, par. 704)
8		Sec. 4. Except as otherwise provided in the Cannabis
9		Regulation and Tax Act and the Industrial Hemp Act, it is
10		unlawful for any person knowingly to possess cannabis.
11		Any person who violates this Section with respect to:
12		(a) not more than 10 grams of any substance containing
13		cannabis is guilty of a civil law violation punishable by a
14		minimum fine of $100 and a maximum fine of $200. The
15		proceeds of the fine shall be payable to the clerk of the
16		circuit court. Within 30 days after the deposit of the
17		fine, the clerk shall distribute the proceeds of the fine
18		as follows:
19		(1) $10 of the fine to the circuit clerk and $10 of
20		the fine to the law enforcement agency that issued the
21		citation; the proceeds of each $10 fine distributed to
22		the circuit clerk and each $10 fine distributed to the
23		law enforcement agency that issued the citation for the
24		violation shall be used to defer the cost of automatic
25		expungements under paragraph (2.5) of subsection (a)

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1		of Section 5.2 of the Criminal Identification Act;
2		(2) $15 to the county to fund drug addiction
3		services;
4		(3) $10 to the Office of the State's Attorneys
5		Appellate Prosecutor for use in training programs;
6		(4) $10 to the State's Attorney; and
7		(5) any remainder of the fine to the law
8		enforcement agency that issued the citation for the
9		violation.
10		With respect to funds designated for the Department of
11		State Police, the moneys shall be remitted by the circuit
12		court clerk to the Department of State Police within one
13		month after receipt for deposit into the State Police
14		Operations Assistance Fund. With respect to funds
15		designated for the Department of Natural Resources, the
16		Department of Natural Resources shall deposit the moneys
17		into the Conservation Police Operations Assistance Fund;
18		(b) more than 10 grams but not more than 30 grams of
19		any substance containing cannabis is guilty of a Class B
20		misdemeanor;
21		(c) more than 30 grams but not more than 100 grams of
22		any substance containing cannabis is guilty of a Class A
23		misdemeanor; provided, that if any offense under this
24		subsection (c) is a subsequent offense, the offender shall
25		be guilty of a Class 4 felony;
26		(d) more than 100 grams but not more than 500 grams of

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1		any substance containing cannabis is guilty of a Class 4
2		felony; provided that if any offense under this subsection
3		(d) is a subsequent offense, the offender shall be guilty
4		of a Class 3 felony;
5		(e) more than 500 grams but not more than 2,000 grams
6		of any substance containing cannabis is guilty of a Class 3
7		felony;
8		(f) more than 2,000 grams but not more than 5,000 grams
9		of any substance containing cannabis is guilty of a Class 2
10		felony;
11		(g) more than 5,000 grams of any substance containing
12		cannabis is guilty of a Class 1 felony.
13		(Source: P.A. 101-27, eff. 6-25-19.)
14		(720 ILCS 550/5) (from Ch. 56 1/2, par. 705)
15		Sec. 5. Except as otherwise provided in the Cannabis
16		Regulation and Tax Act and the Industrial Hemp Act, it is
17		unlawful for any person knowingly to manufacture, deliver, or
18		possess with intent to deliver, or manufacture, cannabis. Any
19		person who violates this Section with respect to:
20		(a) not more than 2.5 grams of any substance containing
21		cannabis is guilty of a Class B misdemeanor;
22		(b) more than 2.5 grams but not more than 10 grams of
23		any substance containing cannabis is guilty of a Class A
24		misdemeanor;
25		(c) more than 10 grams but not more than 30 grams of

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1		any substance containing cannabis is guilty of a Class 4
2		felony;
3		(d) more than 30 grams but not more than 500 grams of
4		any substance containing cannabis is guilty of a Class 3
5		felony for which a fine not to exceed $50,000 may be
6		imposed;
7		(e) more than 500 grams but not more than 2,000 grams
8		of any substance containing cannabis is guilty of a Class 2
9		felony for which a fine not to exceed $100,000 may be
10		imposed;
11		(f) more than 2,000 grams but not more than 5,000 grams
12		of any substance containing cannabis is guilty of a Class 1
13		felony for which a fine not to exceed $150,000 may be
14		imposed;
15		(g) more than 5,000 grams of any substance containing
16		cannabis is guilty of a Class X felony for which a fine not
17		to exceed $200,000 may be imposed.
18		(Source: P.A. 101-27, eff. 6-25-19.)
19		(720 ILCS 550/5.1) (from Ch. 56 1/2, par. 705.1)
20		Sec. 5.1. Cannabis trafficking.
21		(a) Except for purposes authorized by this Act, the
22		Industrial Hemp Act, or the Cannabis Regulation and Tax Act,
23		any person who knowingly brings or causes to be brought into
24		this State for the purpose of manufacture or delivery or with
25		the intent to manufacture or deliver 2,500 grams or more of

SB1557 Enrolled - 396 - LRB101 08168 SMS 53234 b
1		cannabis in this State or any other state or country is guilty
2		of cannabis trafficking.
3		(b) A person convicted of cannabis trafficking shall be
4		sentenced to a term of imprisonment not less than twice the
5		minimum term and fined an amount as authorized by subsection
6		(f) or (g) of Section 5 of this Act, based upon the amount of
7		cannabis brought or caused to be brought into this State, and
8		not more than twice the maximum term of imprisonment and fined
9		twice the amount as authorized by subsection (f) or (g) of
10		Section 5 of this Act, based upon the amount of cannabis
11		brought or caused to be brought into this State.
12		(Source: P.A. 101-27, eff. 6-25-19.)
13		(720 ILCS 550/8) (from Ch. 56 1/2, par. 708)
14		Sec. 8. Except as otherwise provided in the Cannabis
15		Regulation and Tax Act and the Industrial Hemp Act, it is
16		unlawful for any person knowingly to produce the Cannabis
17		sativa plant or to possess such plants unless production or
18		possession has been authorized pursuant to the provisions of
19		Section 11 or 15.2 of the Act. Any person who violates this
20		Section with respect to production or possession of:
21		(a) Not more than 5 plants is guilty of a civil
22		violation punishable by a minimum fine of $100 and a
23		maximum fine of $200. The proceeds of the fine are payable
24		to the clerk of the circuit court. Within 30 days after the
25		deposit of the fine, the clerk shall distribute the

SB1557 Enrolled - 397 - LRB101 08168 SMS 53234 b
1		proceeds of the fine as follows:
2		(1) $10 of the fine to the circuit clerk and $10 of
3		the fine to the law enforcement agency that issued the
4		citation; the proceeds of each $10 fine distributed to
5		the circuit clerk and each $10 fine distributed to the
6		law enforcement agency that issued the citation for the
7		violation shall be used to defer the cost of automatic
8		expungements under paragraph (2.5) of subsection (a)
9		of Section 5.2 of the Criminal Identification Act;
10		(2) $15 to the county to fund drug addiction
11		services;
12		(3) $10 to the Office of the State's Attorneys
13		Appellate Prosecutor for use in training programs;
14		(4) $10 to the State's Attorney; and
15		(5) any remainder of the fine to the law
16		enforcement agency that issued the citation for the
17		violation.
18		With respect to funds designated for the Department of
19		State Police, the moneys shall be remitted by the circuit
20		court clerk to the Department of State Police within one
21		month after receipt for deposit into the State Police
22		Operations Assistance Fund. With respect to funds
23		designated for the Department of Natural Resources, the
24		Department of Natural Resources shall deposit the moneys
25		into the Conservation Police Operations Assistance Fund.
26		(b) More than 5, but not more than 20 plants, is guilty

SB1557 Enrolled - 398 - LRB101 08168 SMS 53234 b
1		of a Class 4 felony.
2		(c) More than 20, but not more than 50 plants, is
3		guilty of a Class 3 felony.
4		(d) More than 50, but not more than 200 plants, is
5		guilty of a Class 2 felony for which a fine not to exceed
6		$100,000 may be imposed and for which liability for the
7		cost of conducting the investigation and eradicating such
8		plants may be assessed. Compensation for expenses incurred
9		in the enforcement of this provision shall be transmitted
10		to and deposited in the treasurer's office at the level of
11		government represented by the Illinois law enforcement
12		agency whose officers or employees conducted the
13		investigation or caused the arrest or arrests leading to
14		the prosecution, to be subsequently made available to that
15		law enforcement agency as expendable receipts for use in
16		the enforcement of laws regulating controlled substances
17		and cannabis. If such seizure was made by a combination of
18		law enforcement personnel representing different levels of
19		government, the court levying the assessment shall
20		determine the allocation of such assessment. The proceeds
21		of assessment awarded to the State treasury shall be
22		deposited in a special fund known as the Drug Traffic
23		Prevention Fund.
24		(e) More than 200 plants is guilty of a Class 1 felony
25		for which a fine not to exceed $100,000 may be imposed and
26		for which liability for the cost of conducting the

SB1557 Enrolled - 399 - LRB101 08168 SMS 53234 b
1		investigation and eradicating such plants may be assessed.
2		Compensation for expenses incurred in the enforcement of
3		this provision shall be transmitted to and deposited in the
4		treasurer's office at the level of government represented
5		by the Illinois law enforcement agency whose officers or
6		employees conducted the investigation or caused the arrest
7		or arrests leading to the prosecution, to be subsequently
8		made available to that law enforcement agency as expendable
9		receipts for use in the enforcement of laws regulating
10		controlled substances and cannabis. If such seizure was
11		made by a combination of law enforcement personnel
12		representing different levels of government, the court
13		levying the assessment shall determine the allocation of
14		such assessment. The proceeds of assessment awarded to the
15		State treasury shall be deposited in a special fund known
16		as the Drug Traffic Prevention Fund.
17		(Source: P.A. 101-27, eff. 6-25-19.)
18		Section 40. The Drug Paraphernalia Control Act is amended
19		by changing Sections 2, 3.5, 4, and 6 as follows:
20		(720 ILCS 600/2) (from Ch. 56 1/2, par. 2102)
21		Sec. 2. As used in this Act, unless the context otherwise
22		requires:
23		(a) The term "cannabis" shall have the meaning ascribed to
24		it in Section 3 of the Cannabis Control Act, as if that

SB1557 Enrolled - 400 - LRB101 08168 SMS 53234 b
1		definition were incorporated herein.
2		(b) The term "controlled substance" shall have the meaning
3		ascribed to it in Section 102 of the Illinois Controlled
4		Substances Act, as if that definition were incorporated herein.
5		(c) "Deliver" or "delivery" means the actual, constructive
6		or attempted transfer of possession, with or without
7		consideration, whether or not there is an agency relationship.
8		(d) "Drug paraphernalia" means all equipment, products and
9		materials of any kind, other than methamphetamine
10		manufacturing materials as defined in Section 10 of the
11		Methamphetamine Control and Community Protection Act and
12		cannabis paraphernalia as defined in Section 1-10 of the
13		Cannabis Regulation and Tax Act, which are intended to be used
14		unlawfully in planting, propagating, cultivating, growing,
15		harvesting, manufacturing, compounding, converting, producing,
16		processing, preparing, testing, analyzing, packaging,
17		repackaging, storing, containing, concealing, injecting,
18		ingesting, inhaling or otherwise introducing into the human
19		body cannabis or a controlled substance in violation of the
20		Cannabis Control Act, the Illinois Controlled Substances Act,
21		or the Methamphetamine Control and Community Protection Act or
22		a synthetic drug product or misbranded drug in violation of the
23		Illinois Food, Drug and Cosmetic Act. It includes, but is not
24		limited to:
25		(1) kits intended to be used unlawfully in
26		manufacturing, compounding, converting, producing,

SB1557 Enrolled - 401 - LRB101 08168 SMS 53234 b
1		processing or preparing cannabis or a controlled
2		substance;
3		(2) isomerization devices intended to be used
4		unlawfully in increasing the potency of any species of
5		plant which is cannabis or a controlled substance;
6		(3) testing equipment intended to be used unlawfully in
7		a private home for identifying or in analyzing the
8		strength, effectiveness or purity of cannabis or
9		controlled substances;
10		(4) diluents and adulterants intended to be used
11		unlawfully for cutting cannabis or a controlled substance
12		by private persons;
13		(5) objects intended to be used unlawfully in
14		ingesting, inhaling, or otherwise introducing cannabis,
15		cocaine, hashish, hashish oil, or a synthetic drug product
16		or misbranded drug in violation of the Illinois Food, Drug
17		and Cosmetic Act into the human body including, where
18		applicable, the following items:
19		(A) water pipes;
20		(B) carburetion tubes and devices;
21		(C) smoking and carburetion masks;
22		(D) miniature cocaine spoons and cocaine vials;
23		(E) carburetor pipes;
24		(F) electric pipes;
25		(G) air-driven pipes;
26		(H) chillums;

SB1557 Enrolled - 402 - LRB101 08168 SMS 53234 b
1		(I) bongs;
2		(J) ice pipes or chillers;
3		(6) any item whose purpose, as announced or described
4		by the seller, is for use in violation of this Act.
5		(Source: P.A. 97-872, eff. 7-31-12.)
6		(720 ILCS 600/3.5)
7		Sec. 3.5. Possession of drug paraphernalia.
8		(a) A person who knowingly possesses an item of drug
9		paraphernalia with the intent to use it in ingesting, inhaling,
10		or otherwise introducing cannabis or a controlled substance
11		into the human body, or in preparing cannabis or a controlled
12		substance for that use, is guilty of a Class A misdemeanor for
13		which the court shall impose a minimum fine of $750 in addition
14		to any other penalty prescribed for a Class A misdemeanor. This
15		subsection (a) does not apply to a person who is legally
16		authorized to possess hypodermic syringes or needles under the
17		Hypodermic Syringes and Needles Act.
18		(b) In determining intent under subsection (a), the trier
19		of fact may take into consideration the proximity of the
20		cannabis or controlled substances to drug paraphernalia or the
21		presence of cannabis or a controlled substance on the drug
22		paraphernalia.
23		(c) If a person violates subsection (a) of Section 4 of the
24		Cannabis Control Act, the penalty for possession of any drug
25		paraphernalia seized during the violation for that offense

SB1557 Enrolled - 403 - LRB101 08168 SMS 53234 b
1		shall be a civil law violation punishable by a minimum fine of
2		$100 and a maximum fine of $200. The proceeds of the fine shall
3		be payable to the clerk of the circuit court. Within 30 days
4		after the deposit of the fine, the clerk shall distribute the
5		proceeds of the fine as follows:
6		(1) $10 of the fine to the circuit clerk and $10 of the
7		fine to the law enforcement agency that issued the
8		citation; the proceeds of each $10 fine distributed to the
9		circuit clerk and each $10 fine distributed to the law
10		enforcement agency that issued the citation for the
11		violation shall be used to defer the cost of automatic
12		expungements under paragraph (2.5) of subsection (a) of
13		Section 5.2 of the Criminal Identification Act;
14		(2) $15 to the county to fund drug addiction services;
15		(3) $10 to the Office of the State's Attorneys
16		Appellate Prosecutor for use in training programs;
17		(4) $10 to the State's Attorney; and
18		(5) any remainder of the fine to the law enforcement
19		agency that issued the citation for the violation.
20		With respect to funds designated for the Department of
21		State Police, the moneys shall be remitted by the circuit court
22		clerk to the Department of State Police within one month after
23		receipt for deposit into the State Police Operations Assistance
24		Fund. With respect to funds designated for the Department of
25		Natural Resources, the Department of Natural Resources shall
26		deposit the moneys into the Conservation Police Operations

SB1557 Enrolled - 404 - LRB101 08168 SMS 53234 b
1		Assistance Fund.
2		(Source: P.A. 99-697, eff. 7-29-16.)
3		(720 ILCS 600/4) (from Ch. 56 1/2, par. 2104)
4		Sec. 4. Exemptions. This Act does not apply to:
5		(a) Items used in the preparation, compounding,
6		packaging, labeling, or other use of cannabis or a
7		controlled substance as an incident to lawful research,
8		teaching, or chemical analysis and not for sale.
9		(b) Items historically and customarily used in
10		connection with the planting, propagating, cultivating,
11		growing, harvesting, manufacturing, compounding,
12		converting, producing, processing, preparing, testing,
13		analyzing, packaging, repackaging, storing, containing,
14		concealing, injecting, ingesting, or inhaling of cannabis,
15		tobacco, or any other lawful substance.
16		Items exempt under this subsection include, but are not
17		limited to, garden hoes, rakes, sickles, baggies, tobacco
18		pipes, and cigarette-rolling papers.
19		(c) Items listed in Section 2 of this Act which are
20		used for decorative purposes, when such items have been
21		rendered completely inoperable or incapable of being used
22		for any illicit purpose prohibited by this Act.
23		(d) A person who is legally authorized to possess
24		hypodermic syringes or needles under the Hypodermic
25		Syringes and Needles Act.

SB1557 Enrolled - 405 - LRB101 08168 SMS 53234 b
1		In determining whether or not a particular item is exempt under
2		this Section, the trier of fact should consider, in addition to
3		all other logically relevant factors, the following:
4		(1) the general, usual, customary, and historical use
5		to which the item involved has been put;
6		(2) expert evidence concerning the ordinary or
7		customary use of the item and the effect of any
8		peculiarity in the design or engineering of the device
9		upon its functioning;
10		(3) any written instructions accompanying the delivery
11		of the item concerning the purposes or uses to which
12		the item can or may be put;
13		(4) any oral instructions provided by the seller of the
14		item at the time and place of sale or commercial
15		delivery;
16		(5) any national or local advertising concerning the
17		design, purpose or use of the item involved, and the
18		entire context in which such advertising occurs;
19		(6) the manner, place and circumstances in which the
20		item was displayed for sale, as well as any item or
21		items displayed for sale or otherwise exhibited upon
22		the premises where the sale was made;
23		(7) whether the owner or anyone in control of the
24		object is a legitimate supplier of like or related
25		items to the community, such as a licensed distributor
26		or dealer of cannabis or tobacco products;

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1		(8) the existence and scope of legitimate uses for the
2		object in the community.
3		(Source: P.A. 95-331, eff. 8-21-07.)
4		(720 ILCS 600/6) (from Ch. 56 1/2, par. 2106)
5		Sec. 6. This Act is intended to be used solely for the
6		suppression of the commercial traffic in and possession of
7		items that, within the context of the sale or offering for
8		sale, or possession, are clearly and beyond a reasonable doubt
9		intended for the illegal and unlawful use of cannabis or
10		controlled substances. To this end all reasonable and
11		common-sense inferences shall be drawn in favor of the
12		legitimacy of any transaction or item.
13		(Source: P.A. 93-526, eff. 8-12-03.)
14		Section 45. The Statewide Grand Jury Act is amended by
15		changing Sections 2 and 3 as follows:
16		(725 ILCS 215/2) (from Ch. 38, par. 1702)
17		Sec. 2. (a) County grand juries and State's Attorneys have
18		always had and shall continue to have primary responsibility
19		for investigating, indicting, and prosecuting persons who
20		violate the criminal laws of the State of Illinois. However, in
21		recent years organized terrorist activity directed against
22		innocent civilians and certain criminal enterprises have
23		developed that require investigation, indictment, and

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1		prosecution on a statewide or multicounty level. The criminal
2		enterprises exist as a result of the allure of profitability
3		present in narcotic activity, the unlawful sale and transfer of
4		firearms, and streetgang related felonies and organized
5		terrorist activity is supported by the contribution of money
6		and expert assistance from geographically diverse sources. In
7		order to shut off the life blood of terrorism and weaken or
8		eliminate the criminal enterprises, assets, and property used
9		to further these offenses must be frozen, and any profit must
10		be removed. State statutes exist that can accomplish that goal.
11		Among them are the offense of money laundering, the Cannabis
12		and Controlled Substances Tax Act, violations of Article 29D of
13		the Criminal Code of 1961 or the Criminal Code of 2012, the
14		Narcotics Profit Forfeiture Act, and gunrunning. Local
15		prosecutors need investigative personnel and specialized
16		training to attack and eliminate these profits. In light of the
17		transitory and complex nature of conduct that constitutes these
18		criminal activities, the many diverse property interests that
19		may be used, acquired directly or indirectly as a result of
20		these criminal activities, and the many places that illegally
21		obtained property may be located, it is the purpose of this Act
22		to create a limited, multicounty Statewide Grand Jury with
23		authority to investigate, indict, and prosecute: narcotic
24		activity, including cannabis and controlled substance
25		trafficking, narcotics racketeering, money laundering,
26		violations of the Cannabis and Controlled Substances Tax Act,

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1		and violations of Article 29D of the Criminal Code of 1961 or
2		the Criminal Code of 2012; the unlawful sale and transfer of
3		firearms; gunrunning; and streetgang related felonies.
4		(b) A Statewide Grand Jury may also investigate, indict,
5		and prosecute violations facilitated by the use of a computer
6		of any of the following offenses: indecent solicitation of a
7		child, sexual exploitation of a child, soliciting for a
8		juvenile prostitute, keeping a place of juvenile prostitution,
9		juvenile pimping, child pornography, aggravated child
10		pornography, or promoting juvenile prostitution except as
11		described in subdivision (a)(4) of Section 11-14.4 of the
12		Criminal Code of 1961 or the Criminal Code of 2012.
13		(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
14		(725 ILCS 215/3) (from Ch. 38, par. 1703)
15		Sec. 3. Written application for the appointment of a
16		Circuit Judge to convene and preside over a Statewide Grand
17		Jury, with jurisdiction extending throughout the State, shall
18		be made to the Chief Justice of the Supreme Court. Upon such
19		written application, the Chief Justice of the Supreme Court
20		shall appoint a Circuit Judge from the circuit where the
21		Statewide Grand Jury is being sought to be convened, who shall
22		make a determination that the convening of a Statewide Grand
23		Jury is necessary.
24		In such application the Attorney General shall state that
25		the convening of a Statewide Grand Jury is necessary because of

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1		an alleged offense or offenses set forth in this Section
2		involving more than one county of the State and identifying any
3		such offense alleged; and
4		(a) that he or she believes that the grand jury
5		function for the investigation and indictment of the
6		offense or offenses cannot effectively be performed by a
7		county grand jury together with the reasons for such
8		belief, and
9		(b)(1) that each State's Attorney with jurisdiction
10		over an offense or offenses to be investigated has
11		consented to the impaneling of the Statewide Grand Jury, or
12		(2) if one or more of the State's Attorneys having
13		jurisdiction over an offense or offenses to be investigated
14		fails to consent to the impaneling of the Statewide Grand
15		Jury, the Attorney General shall set forth good cause for
16		impaneling the Statewide Grand Jury.
17		If the Circuit Judge determines that the convening of a
18		Statewide Grand Jury is necessary, he or she shall convene and
19		impanel the Statewide Grand Jury with jurisdiction extending
20		throughout the State to investigate and return indictments:
21		(a) For violations of any of the following or for any
22		other criminal offense committed in the course of violating
23		any of the following: Article 29D of the Criminal Code of
24		1961 or the Criminal Code of 2012, the Illinois Controlled
25		Substances Act, the Cannabis Control Act, the
26		Methamphetamine Control and Community Protection Act, or

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1		the Narcotics Profit Forfeiture Act, or the Cannabis and
2		Controlled Substances Tax Act; a streetgang related felony
3		offense; Section 24-2.1, 24-2.2, 24-3, 24-3A, 24-3.1,
4		24-3.3, 24-3.4, 24-4, or 24-5 or subsection 24-1(a)(4),
5		24-1(a)(6), 24-1(a)(7), 24-1(a)(9), 24-1(a)(10), or
6		24-1(c) of the Criminal Code of 1961 or the Criminal Code
7		of 2012; or a money laundering offense; provided that the
8		violation or offense involves acts occurring in more than
9		one county of this State; and
10		(a-5) For violations facilitated by the use of a
11		computer, including the use of the Internet, the World Wide
12		Web, electronic mail, message board, newsgroup, or any
13		other commercial or noncommercial on-line service, of any
14		of the following offenses: indecent solicitation of a
15		child, sexual exploitation of a child, soliciting for a
16		juvenile prostitute, keeping a place of juvenile
17		prostitution, juvenile pimping, child pornography,
18		aggravated child pornography, or promoting juvenile
19		prostitution except as described in subdivision (a)(4) of
20		Section 11-14.4 of the Criminal Code of 1961 or the
21		Criminal Code of 2012; and
22		(b) For the offenses of perjury, subornation of
23		perjury, communicating with jurors and witnesses, and
24		harassment of jurors and witnesses, as they relate to
25		matters before the Statewide Grand Jury.
26		"Streetgang related" has the meaning ascribed to it in

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1		Section 10 of the Illinois Streetgang Terrorism Omnibus
2		Prevention Act.
3		Upon written application by the Attorney General for the
4		convening of an additional Statewide Grand Jury, the Chief
5		Justice of the Supreme Court shall appoint a Circuit Judge from
6		the circuit for which the additional Statewide Grand Jury is
7		sought. The Circuit Judge shall determine the necessity for an
8		additional Statewide Grand Jury in accordance with the
9		provisions of this Section. No more than 2 Statewide Grand
10		Juries may be empaneled at any time.
11		(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
12		Section 99. Effective date. This Act takes effect upon
13		becoming law.