Rep. Celina Villanueva
Filed: 11/12/2019
 
 


 




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1
AMENDMENT TO SENATE BILL 1557




2 AMENDMENT NO. ______. Amend Senate Bill 1557 by replacing 
3everything after the enacting clause with the following:


4 "Section 1. The Election Code is amended by changing 
5Section 9-45 as follows:

6 (10 ILCS 5/9-45)
7 Sec. 9-45. Medical cannabis organization; contributions. 
8It is unlawful for any medical cannabis cultivation center or 
9medical cannabis dispensary organization or any political 
10action committee created by any medical cannabis cultivation 
11center or dispensary organization to make a campaign 
12contribution to any political committee established to promote 
13the candidacy of a candidate or public official. It is unlawful 
14for any candidate, political committee, or other person to 
15knowingly accept or receive any contribution prohibited by this 
16Section. It is unlawful for any officer or agent of a medical 
 
 
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1cannabis cultivation center or dispensary organization to 
2consent to any contribution or expenditure by the medical 
3cannabis organization that is prohibited by this Section. As 
4used in this Section, "medical cannabis cultivation center" and 
5"dispensary organization" have the meanings meaning ascribed 
6to those terms in Section 10 of the Compassionate Use of 
7Medical Cannabis Pilot Program Act.

8(Source: P.A. 98-122, eff. 1-1-14.)

9 Section 5. The Criminal Identification Act is amended by 
10changing Section 5.2 as follows:



11 (20 ILCS 2630/5.2)


12 Sec. 5.2. Expungement, sealing, and immediate sealing.
13 (a) General Provisions.
14  (1) Definitions. In this Act, words and phrases have

15 the meanings set forth in this subsection, except when a

16 particular context clearly requires a different meaning.
17   (A) The following terms shall have the meanings 
18 ascribed to them in the Unified Code of Corrections, 
19 730 ILCS 5/5-1-2 through 5/5-1-22:
20    (i) Business Offense (730 ILCS 5/5-1-2),
21    (ii) Charge (730 ILCS 5/5-1-3),
22    (iii) Court (730 ILCS 5/5-1-6),
23    (iv) Defendant (730 ILCS 5/5-1-7),
24    (v) Felony (730 ILCS 5/5-1-9),
 
 
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1    (vi) Imprisonment (730 ILCS 5/5-1-10),
2    (vii) Judgment (730 ILCS 5/5-1-12),
3    (viii) Misdemeanor (730 ILCS 5/5-1-14),
4    (ix) Offense (730 ILCS 5/5-1-15),
5    (x) Parole (730 ILCS 5/5-1-16),
6    (xi) Petty Offense (730 ILCS 5/5-1-17),
7    (xii) Probation (730 ILCS 5/5-1-18),
8    (xiii) Sentence (730 ILCS 5/5-1-19),
9    (xiv) Supervision (730 ILCS 5/5-1-21), and
10    (xv) Victim (730 ILCS 5/5-1-22).
11   (B) As used in this Section, "charge not initiated 
12 by arrest" means a charge (as defined by 730 ILCS 
13 5/5-1-3) brought against a defendant where the 
14 defendant is not arrested prior to or as a direct 
15 result of the charge.
16   (C) "Conviction" means a judgment of conviction or 
17 sentence entered upon a plea of guilty or upon a 
18 verdict or finding of guilty of an offense, rendered by 
19 a legally constituted jury or by a court of competent 
20 jurisdiction authorized to try the case without a jury. 
21 An order of supervision successfully completed by the 
22 petitioner is not a conviction. An order of qualified 
23 probation (as defined in subsection (a)(1)(J)) 
24 successfully completed by the petitioner is not a 
25 conviction. An order of supervision or an order of 
26 qualified probation that is terminated 
 
 
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1 unsatisfactorily is a conviction, unless the 
2 unsatisfactory termination is reversed, vacated, or 
3 modified and the judgment of conviction, if any, is 
4 reversed or vacated.
5   (D) "Criminal offense" means a petty offense, 
6 business offense, misdemeanor, felony, or municipal 
7 ordinance violation (as defined in subsection 
8 (a)(1)(H)). As used in this Section, a minor traffic 
9 offense (as defined in subsection (a)(1)(G)) shall not 
10 be considered a criminal offense.
11   (E) "Expunge" means to physically destroy the 
12 records or return them to the petitioner and to 
13 obliterate the petitioner's name from any official 
14 index or public record, or both. Nothing in this Act 
15 shall require the physical destruction of the circuit 
16 court file, but such records relating to arrests or 
17 charges, or both, ordered expunged shall be impounded 
18 as required by subsections (d)(9)(A)(ii) and 
19 (d)(9)(B)(ii).
20   (F) As used in this Section, "last sentence" means 
21 the sentence, order of supervision, or order of 
22 qualified probation (as defined by subsection 
23 (a)(1)(J)), for a criminal offense (as defined by 
24 subsection (a)(1)(D)) that terminates last in time in 
25 any jurisdiction, regardless of whether the petitioner 
26 has included the criminal offense for which the 
 
 
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1 sentence or order of supervision or qualified 
2 probation was imposed in his or her petition. If 
3 multiple sentences, orders of supervision, or orders 
4 of qualified probation terminate on the same day and 
5 are last in time, they shall be collectively considered 
6 the "last sentence" regardless of whether they were 
7 ordered to run concurrently.
8   (G) "Minor traffic offense" means a petty offense, 
9 business offense, or Class C misdemeanor under the 
10 Illinois Vehicle Code or a similar provision of a 
11 municipal or local ordinance.
12   (G-5) "Minor Cannabis Offense" means a violation 
13 of Section 4 or 5 of the Cannabis Control Act 
14 concerning not more than 30 grams of any substance 
15 containing cannabis, provided the violation did not 
16 include a penalty enhancement under Section 7 of the 
17 Cannabis Control Act and is not associated with a 
18 conviction for a violent crime as defined in subsection 
19 (c) of Section 3 of the Rights of Crime Victims and 
20 Witnesses Act. (G-5) "Minor Cannabis Offense" means a 
21 violation of Section 4 or 5 of the Cannabis Control Act 
22 concerning not more than 30 grams of any substance 
23 containing cannabis, provided the violation did not 
24 include a penalty enhancement under Section 7 of the 
25 Cannabis Control Act and is not associated with an 
26 arrest, conviction or other disposition for a violent 
 
 
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1 crime as defined in subsection (c) of Section 3 of the 
2 Rights of Crime Victims and Witnesses Act. 
3   (H) "Municipal ordinance violation" means an 
4 offense defined by a municipal or local ordinance that 
5 is criminal in nature and with which the petitioner was 
6 charged or for which the petitioner was arrested and 
7 released without charging.
8   (I) "Petitioner" means an adult or a minor 
9 prosecuted as an
adult who has applied for relief under 
10 this Section.
11   (J) "Qualified probation" means an order of 
12 probation under Section 10 of the Cannabis Control Act, 
13 Section 410 of the Illinois Controlled Substances Act, 
14 Section 70 of the Methamphetamine Control and 
15 Community Protection Act, Section 5-6-3.3 or 5-6-3.4 
16 of the Unified Code of Corrections, Section 
17 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as 
18 those provisions existed before their deletion by 
19 Public Act 89-313), Section 10-102 of the Illinois 
20 Alcoholism and Other Drug Dependency Act, Section 
21 40-10 of the Substance Use Disorder Act, or Section 10 
22 of the Steroid Control Act. For the purpose of this 
23 Section, "successful completion" of an order of 
24 qualified probation under Section 10-102 of the 
25 Illinois Alcoholism and Other Drug Dependency Act and 
26 Section 40-10 of the Substance Use Disorder Act means 
 
 
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1 that the probation was terminated satisfactorily and 
2 the judgment of conviction was vacated.
3   (K) "Seal" means to physically and electronically 
4 maintain the records, unless the records would 
5 otherwise be destroyed due to age, but to make the 
6 records unavailable without a court order, subject to 
7 the exceptions in Sections 12 and 13 of this Act. The 
8 petitioner's name shall also be obliterated from the 
9 official index required to be kept by the circuit court 
10 clerk under Section 16 of the Clerks of Courts Act, but 
11 any index issued by the circuit court clerk before the 
12 entry of the order to seal shall not be affected.
13   (L) "Sexual offense committed against a minor" 
14 includes, but is
not limited to, the offenses of 
15 indecent solicitation of a child
or criminal sexual 
16 abuse when the victim of such offense is
under 18 years 
17 of age.
18   (M) "Terminate" as it relates to a sentence or 
19 order of supervision or qualified probation includes 
20 either satisfactory or unsatisfactory termination of 
21 the sentence, unless otherwise specified in this 
22 Section. A sentence is terminated notwithstanding any 
23 outstanding financial legal obligation. 
24  (2) Minor Traffic Offenses.
Orders of supervision or 
25 convictions for minor traffic offenses shall not affect a 
26 petitioner's eligibility to expunge or seal records 
 
 
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1 pursuant to this Section.
2  (2.5) Commencing 180 days after July 29, 2016 (the 
3 effective date of Public Act 99-697), the law enforcement 
4 agency issuing the citation shall automatically expunge, 
5 on or before January 1 and July 1 of each year, the law 
6 enforcement records of a person found to have committed a 
7 civil law violation of subsection (a) of Section 4 of the 
8 Cannabis Control Act or subsection (c) of Section 3.5 of 
9 the Drug Paraphernalia Control Act in the law enforcement 
10 agency's possession or control and which contains the final 
11 satisfactory disposition which pertain to the person 
12 issued a citation for that offense.
The law enforcement 
13 agency shall provide by rule the process for access, 
14 review, and to confirm the automatic expungement by the law 
15 enforcement agency issuing the citation.
Commencing 180 
16 days after July 29, 2016 (the effective date of Public Act 
17 99-697), the clerk of the circuit court shall expunge, upon 
18 order of the court, or in the absence of a court order on 
19 or before January 1 and July 1 of each year, the court 
20 records of a person found in the circuit court to have 
21 committed a civil law violation of subsection (a) of 
22 Section 4 of the Cannabis Control Act or subsection (c) of 
23 Section 3.5 of the Drug Paraphernalia Control Act in the 
24 clerk's possession or control and which contains the final 
25 satisfactory disposition which pertain to the person 
26 issued a citation for any of those offenses. 
 
 
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1  (3) Exclusions. Except as otherwise provided in 
2 subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6) 
3 of this Section, the court shall not order:
4   (A) the sealing or expungement of the records of 
5 arrests or charges not initiated by arrest that result 
6 in an order of supervision for or conviction of:
(i) 
7 any sexual offense committed against a
minor; (ii) 
8 Section 11-501 of the Illinois Vehicle Code or a 
9 similar provision of a local ordinance; or (iii) 
10 Section 11-503 of the Illinois Vehicle Code or a 
11 similar provision of a local ordinance, unless the 
12 arrest or charge is for a misdemeanor violation of 
13 subsection (a) of Section 11-503 or a similar provision 
14 of a local ordinance, that occurred prior to the 
15 offender reaching the age of 25 years and the offender 
16 has no other conviction for violating Section 11-501 or 
17 11-503 of the Illinois Vehicle Code or a similar 
18 provision of a local ordinance.
19   (B) the sealing or expungement of records of minor 
20 traffic offenses (as defined in subsection (a)(1)(G)), 
21 unless the petitioner was arrested and released 
22 without charging.
23   (C) the sealing of the records of arrests or 
24 charges not initiated by arrest which result in an 
25 order of supervision or a conviction for the following 
26 offenses:
 
 
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1    (i) offenses included in Article 11 of the 
2 Criminal Code of 1961 or the Criminal Code of 2012 
3 or a similar provision of a local ordinance, except 
4 Section 11-14 and a misdemeanor violation of 
5 Section 11-30 of the Criminal Code of 1961 or the 
6 Criminal Code of 2012, or a similar provision of a 
7 local ordinance;
8    (ii) Section 11-1.50, 12-3.4, 12-15, 12-30, 
9 26-5, or 48-1 of the Criminal Code of 1961 or the 
10 Criminal Code of 2012, or a similar provision of a 
11 local ordinance;
12    (iii) Sections 12-3.1 or 12-3.2 of the 
13 Criminal Code of 1961 or the Criminal Code of 2012, 
14 or Section 125 of the Stalking No Contact Order 
15 Act, or Section 219 of the Civil No Contact Order 
16 Act, or a similar provision of a local ordinance;
17    (iv) Class A misdemeanors or felony offenses 
18 under the Humane Care for Animals Act; or
19    (v) any offense or attempted offense that 
20 would subject a person to registration under the 
21 Sex Offender Registration Act.
22   (D) (blank).
23 (b) Expungement.
24  (1) A petitioner may petition the circuit court to 
25 expunge the
records of his or her arrests and charges not 
26 initiated by arrest when each arrest or charge not 
 
 
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1 initiated by arrest
sought to be expunged resulted in:
(i) 
2 acquittal, dismissal, or the petitioner's release without 
3 charging, unless excluded by subsection (a)(3)(B);
(ii) a 
4 conviction which was vacated or reversed, unless excluded 
5 by subsection (a)(3)(B);
(iii) an order of supervision and 
6 such supervision was successfully completed by the 
7 petitioner, unless excluded by subsection (a)(3)(A) or 
8 (a)(3)(B); or
(iv) an order of qualified probation (as 
9 defined in subsection (a)(1)(J)) and such probation was 
10 successfully completed by the petitioner.
11  (1.5) When a petitioner seeks to have a record of 
12 arrest expunged under this Section, and the offender has 
13 been convicted of a criminal offense, the State's Attorney 
14 may object to the expungement on the grounds that the 
15 records contain specific relevant information aside from 
16 the mere fact of the arrest. 
17  (2) Time frame for filing a petition to expunge.
18   (A) When the arrest or charge not initiated by 
19 arrest sought to be expunged resulted in an acquittal, 
20 dismissal, the petitioner's release without charging, 
21 or the reversal or vacation of a conviction, there is 
22 no waiting period to petition for the expungement of 
23 such records.
24   (B) When the arrest or charge not initiated by 
25 arrest
sought to be expunged resulted in an order of 
26 supervision, successfully
completed by the petitioner, 
 
 
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1 the following time frames will apply:
2    (i) Those arrests or charges that resulted in 
3 orders of
supervision under Section 3-707, 3-708, 
4 3-710, or 5-401.3 of the Illinois Vehicle Code or a 
5 similar provision of a local ordinance, or under 
6 Section 11-1.50, 12-3.2, or 12-15 of the Criminal 
7 Code of 1961 or the Criminal Code of 2012, or a 
8 similar provision of a local ordinance, shall not 
9 be eligible for expungement until 5 years have 
10 passed following the satisfactory termination of 
11 the supervision.
12    (i-5) Those arrests or charges that resulted 
13 in orders of supervision for a misdemeanor 
14 violation of subsection (a) of Section 11-503 of 
15 the Illinois Vehicle Code or a similar provision of 
16 a local ordinance, that occurred prior to the 
17 offender reaching the age of 25 years and the 
18 offender has no other conviction for violating 
19 Section 11-501 or 11-503 of the Illinois Vehicle 
20 Code or a similar provision of a local ordinance 
21 shall not be eligible for expungement until the 
22 petitioner has reached the age of 25 years. 
23    (ii) Those arrests or charges that resulted in 
24 orders
of supervision for any other offenses shall 
25 not be
eligible for expungement until 2 years have 
26 passed
following the satisfactory termination of 
 
 
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1 the supervision.
2   (C) When the arrest or charge not initiated by 
3 arrest sought to
be expunged resulted in an order of 
4 qualified probation, successfully
completed by the 
5 petitioner, such records shall not be eligible for

6 expungement until 5 years have passed following the 
7 satisfactory
termination of the probation.
8  (3) Those records maintained by the Department for

9 persons arrested prior to their 17th birthday shall be

10 expunged as provided in Section 5-915 of the Juvenile Court

11 Act of 1987.
12  (4) Whenever a person has been arrested for or 
13 convicted of any
offense, in the name of a person whose 
14 identity he or she has stolen or otherwise
come into 
15 possession of, the aggrieved person from whom the identity

16 was stolen or otherwise obtained without authorization,

17 upon learning of the person having been arrested using his

18 or her identity, may, upon verified petition to the chief 
19 judge of
the circuit wherein the arrest was made, have a 
20 court order
entered nunc pro tunc by the Chief Judge to 
21 correct the
arrest record, conviction record, if any, and 
22 all official
records of the arresting authority, the 
23 Department, other
criminal justice agencies, the 
24 prosecutor, and the trial
court concerning such arrest, if 
25 any, by removing his or her name
from all such records in 
26 connection with the arrest and
conviction, if any, and by 
 
 
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1 inserting in the records the
name of the offender, if known 
2 or ascertainable, in lieu of
the aggrieved's name. The 
3 records of the circuit court clerk shall be sealed until 
4 further order of
the court upon good cause shown and the 
5 name of the
aggrieved person obliterated on the official 
6 index
required to be kept by the circuit court clerk under

7 Section 16 of the Clerks of Courts Act, but the order shall

8 not affect any index issued by the circuit court clerk

9 before the entry of the order. Nothing in this Section

10 shall limit the Department of State Police or other

11 criminal justice agencies or prosecutors from listing

12 under an offender's name the false names he or she has

13 used.
14  (5) Whenever a person has been convicted of criminal

15 sexual assault, aggravated criminal sexual assault,

16 predatory criminal sexual assault of a child, criminal

17 sexual abuse, or aggravated criminal sexual abuse, the

18 victim of that offense may request that the State's

19 Attorney of the county in which the conviction occurred

20 file a verified petition with the presiding trial judge at

21 the petitioner's trial to have a court order entered to 
22 seal
the records of the circuit court clerk in connection

23 with the proceedings of the trial court concerning that

24 offense. However, the records of the arresting authority

25 and the Department of State Police concerning the offense

26 shall not be sealed. The court, upon good cause shown,

 
 
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1 shall make the records of the circuit court clerk in

2 connection with the proceedings of the trial court

3 concerning the offense available for public inspection.
4  (6) If a conviction has been set aside on direct review

5 or on collateral attack and the court determines by clear

6 and convincing evidence that the petitioner was factually

7 innocent of the charge, the court that finds the petitioner 
8 factually innocent of the charge shall enter an
expungement 
9 order for the conviction for which the petitioner has been 
10 determined to be innocent as provided in subsection (b) of 
11 Section
5-5-4 of the Unified Code of Corrections.
12  (7) Nothing in this Section shall prevent the 
13 Department of
State Police from maintaining all records of 
14 any person who
is admitted to probation upon terms and 
15 conditions and who
fulfills those terms and conditions 
16 pursuant to Section 10
of the Cannabis Control Act, Section 
17 410 of the Illinois
Controlled Substances Act, Section 70 
18 of the
Methamphetamine Control and Community Protection 
19 Act,
Section 5-6-3.3 or 5-6-3.4 of the Unified Code of 
20 Corrections, Section 12-4.3 or subdivision (b)(1) of 
21 Section 12-3.05 of the Criminal Code of 1961 or the 
22 Criminal Code of 2012, Section 10-102
of the Illinois 
23 Alcoholism and Other Drug Dependency Act,
Section 40-10 of 
24 the Substance Use Disorder Act, or Section 10 of the 
25 Steroid Control Act.
26  (8) If the petitioner has been granted a certificate of 
 
 
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1 innocence under Section 2-702 of the Code of Civil 
2 Procedure, the court that grants the certificate of 
3 innocence shall also enter an order expunging the 
4 conviction for which the petitioner has been determined to 
5 be innocent as provided in subsection (h) of Section 2-702 
6 of the Code of Civil Procedure.
7 (c) Sealing.
8  (1) Applicability. Notwithstanding any other provision 
9 of this Act to the contrary, and cumulative with any rights 
10 to expungement of criminal records, this subsection 
11 authorizes the sealing of criminal records of adults and of 
12 minors prosecuted as adults. Subsection (g) of this Section 
13 provides for immediate sealing of certain records. 
14  (2) Eligible Records. The following records may be 
15 sealed:
16   (A) All arrests resulting in release without 
17 charging;
18   (B) Arrests or charges not initiated by arrest 
19 resulting in acquittal, dismissal, or conviction when 
20 the conviction was reversed or vacated, except as 
21 excluded by subsection (a)(3)(B);
22   (C) Arrests or charges not initiated by arrest 
23 resulting in orders of supervision, including orders 
24 of supervision for municipal ordinance violations, 
25 successfully completed by the petitioner, unless 
26 excluded by subsection (a)(3);
 
 
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1   (D) Arrests or charges not initiated by arrest 
2 resulting in convictions, including convictions on 
3 municipal ordinance violations, unless excluded by 
4 subsection (a)(3);
5   (E) Arrests or charges not initiated by arrest 
6 resulting in orders of first offender probation under 
7 Section 10 of the Cannabis Control Act, Section 410 of 
8 the Illinois Controlled Substances Act, Section 70 of 
9 the Methamphetamine Control and Community Protection 
10 Act, or Section 5-6-3.3 of the Unified Code of 
11 Corrections; and
12   (F) Arrests or charges not initiated by arrest 
13 resulting in felony convictions unless otherwise 
14 excluded by subsection (a) paragraph (3) of this 
15 Section.
16  (3) When Records Are Eligible to Be Sealed. Records 
17 identified as eligible under subsection (c)(2) may be 
18 sealed as follows:
19   (A) Records identified as eligible under 
20 subsection (c)(2)(A) and (c)(2)(B) may be sealed at any 
21 time.
22   (B) Except as otherwise provided in subparagraph 
23 (E) of this paragraph (3), records identified as 
24 eligible under subsection (c)(2)(C) may be sealed
2 
25 years after the termination of petitioner's last 
26 sentence (as defined in subsection (a)(1)(F)).
 
 
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1   (C) Except as otherwise provided in subparagraph 
2 (E) of this paragraph (3), records identified as 
3 eligible under subsections (c)(2)(D), (c)(2)(E), and 
4 (c)(2)(F) may be sealed 3 years after the termination 
5 of the petitioner's last sentence (as defined in 
6 subsection (a)(1)(F)). Convictions requiring public 
7 registration under the Arsonist Registration Act, the 
8 Sex Offender Registration Act, or the Murderer and 
9 Violent Offender Against Youth Registration Act may 
10 not be sealed until the petitioner is no longer 
11 required to register under that relevant Act.
12   (D) Records identified in subsection 
13 (a)(3)(A)(iii) may be sealed after the petitioner has 
14 reached the age of 25 years. 
15   (E) Records identified as eligible under 
16 subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or 
17 (c)(2)(F) may be sealed upon termination of the 
18 petitioner's last sentence if the petitioner earned a 
19 high school diploma, associate's degree, career 
20 certificate, vocational technical certification, or 
21 bachelor's degree, or passed the high school level Test 
22 of General Educational Development, during the period 
23 of his or her sentence or mandatory supervised release. 
24 This subparagraph shall apply only to a petitioner who 
25 has not completed the same educational goal prior to 
26 the period of his or her sentence or mandatory 
 
 
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1 supervised release. If a petition for sealing eligible 
2 records filed under this subparagraph is denied by the 
3 court, the time periods under subparagraph (B) or (C) 
4 shall apply to any subsequent petition for sealing 
5 filed by the petitioner.
6  (4) Subsequent felony convictions. A person may not 
7 have
subsequent felony conviction records sealed as 
8 provided in this subsection
(c) if he or she is convicted 
9 of any felony offense after the date of the
sealing of 
10 prior felony convictions as provided in this subsection 
11 (c). The court may, upon conviction for a subsequent felony 
12 offense, order the unsealing of prior felony conviction 
13 records previously ordered sealed by the court.
14  (5) Notice of eligibility for sealing. Upon entry of a 
15 disposition for an eligible record under this subsection 
16 (c), the petitioner shall be informed by the court of the 
17 right to have the records sealed and the procedures for the 
18 sealing of the records.
19 (d) Procedure. The following procedures apply to 
20expungement under subsections (b), (e), and (e-6) and sealing 
21under subsections (c) and (e-5):
22  (1) Filing the petition. Upon becoming eligible to 
23 petition for
the expungement or sealing of records under 
24 this Section, the petitioner shall file a petition 
25 requesting the expungement
or sealing of records with the 
26 clerk of the court where the arrests occurred or the 
 
 
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1 charges were brought, or both. If arrests occurred or 
2 charges were brought in multiple jurisdictions, a petition 
3 must be filed in each such jurisdiction. The petitioner 
4 shall pay the applicable fee, except no fee shall be 
5 required if the petitioner has obtained a court order 
6 waiving fees under Supreme Court Rule 298 or it is 
7 otherwise waived.
8  (1.5) County fee waiver pilot program.
From August 9, 
9 2019 (the effective date of Public Act 101-306) this 
10 amendatory Act of the 101st General Assembly through 
11 December 31, 2020, in a county of 3,000,000 or more 
12 inhabitants, no fee shall be required to be paid by a 
13 petitioner if the records sought to be expunged or sealed 
14 were arrests resulting in release without charging or 
15 arrests or charges not initiated by arrest resulting in 
16 acquittal, dismissal, or conviction when the conviction 
17 was reversed or vacated, unless excluded by subsection 
18 (a)(3)(B). The provisions of this paragraph (1.5), other 
19 than this sentence, are inoperative on and after January 1, 
20 2021. 
21  (2) Contents of petition. The petition shall be

22 verified and shall contain the petitioner's name, date of

23 birth, current address and, for each arrest or charge not 
24 initiated by
arrest sought to be sealed or expunged, the 
25 case number, the date of
arrest (if any), the identity of 
26 the arresting authority, and such
other information as the 
 
 
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1 court may require. During the pendency
of the proceeding, 
2 the petitioner shall promptly notify the
circuit court 
3 clerk of any change of his or her address. If the 
4 petitioner has received a certificate of eligibility for 
5 sealing from the Prisoner Review Board under paragraph (10) 
6 of subsection (a) of Section 3-3-2 of the Unified Code of 
7 Corrections, the certificate shall be attached to the 
8 petition.
9  (3) Drug test. The petitioner must attach to the 
10 petition proof that the petitioner has passed a test taken 
11 within 30 days before the filing of the petition showing 
12 the absence within his or her body of all illegal 
13 substances as defined by the Illinois Controlled 
14 Substances Act, the Methamphetamine Control and Community 
15 Protection Act, and the Cannabis Control Act if he or she 
16 is petitioning to:
17   (A) seal felony records under clause (c)(2)(E);
18   (B) seal felony records for a violation of the 
19 Illinois Controlled Substances Act, the 
20 Methamphetamine Control and Community Protection Act, 
21 or the Cannabis Control Act under clause (c)(2)(F);
22   (C) seal felony records under subsection (e-5); or 
23   (D) expunge felony records of a qualified 
24 probation under clause (b)(1)(iv).
25  (4) Service of petition. The circuit court clerk shall 
26 promptly
serve a copy of the petition and documentation to 
 
 
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1 support the petition under subsection (e-5) or (e-6) on the 
2 State's Attorney or
prosecutor charged with the duty of 
3 prosecuting the
offense, the Department of State Police, 
4 the arresting
agency and the chief legal officer of the 
5 unit of local
government effecting the arrest.
6  (5) Objections.
7   (A) Any party entitled to notice of the petition 
8 may file an objection to the petition. All objections 
9 shall be in writing, shall be filed with the circuit 
10 court clerk, and shall state with specificity the basis 
11 of the objection. Whenever a person who has been 
12 convicted of an offense is granted
a pardon by the 
13 Governor which specifically authorizes expungement, an 
14 objection to the petition may not be filed.
15   (B) Objections to a petition to expunge or seal 
16 must be filed within 60 days of the date of service of 
17 the petition.
18  (6) Entry of order.
19   (A) The Chief Judge of the circuit wherein the 
20 charge was brought, any judge of that circuit 
21 designated by the Chief Judge, or in counties of less 
22 than 3,000,000 inhabitants, the presiding trial judge 
23 at the petitioner's trial, if any, shall rule on the 
24 petition to expunge or seal as set forth in this 
25 subsection (d)(6).
26   (B) Unless the State's Attorney or prosecutor, the 
 
 
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1 Department of
State Police, the arresting agency, or 
2 the chief legal officer
files an objection to the 
3 petition to expunge or seal within 60 days from the 
4 date of service of the petition, the court shall enter 
5 an order granting or denying the petition.
6   (C) Notwithstanding any other provision of law, 
7 the court shall not deny a petition for sealing under 
8 this Section because the petitioner has not satisfied 
9 an outstanding legal financial obligation established, 
10 imposed, or originated by a court, law enforcement 
11 agency, or a municipal, State, county, or other unit of 
12 local government, including, but not limited to, any 
13 cost, assessment, fine, or fee. An outstanding legal 
14 financial obligation does not include any court 
15 ordered restitution to a victim under Section 5-5-6 of 
16 the Unified Code of Corrections, unless the 
17 restitution has been converted to a civil judgment. 
18 Nothing in this subparagraph (C) waives, rescinds, or 
19 abrogates a legal financial obligation or otherwise 
20 eliminates or affects the right of the holder of any 
21 financial obligation to pursue collection under 
22 applicable federal, State, or local law. 
23  (7) Hearings. If an objection is filed, the court shall 
24 set a date for a hearing and notify the petitioner and all 
25 parties entitled to notice of the petition of the hearing 
26 date at least 30 days prior to the hearing. Prior to the 
 
 
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1 hearing, the State's Attorney shall consult with the 
2 Department as to the appropriateness of the relief sought 
3 in the petition to expunge or seal. At the hearing, the 
4 court shall hear evidence on whether the petition should or 
5 should not be granted, and shall grant or deny the petition 
6 to expunge or seal the records based on the evidence 
7 presented at the hearing. The court may consider the 
8 following:
9   (A) the strength of the evidence supporting the 
10 defendant's conviction; 
11   (B) the reasons for retention of the conviction 
12 records by the State; 
13   (C) the petitioner's age, criminal record history, 
14 and employment history; 
15   (D) the period of time between the petitioner's 
16 arrest on the charge resulting in the conviction and 
17 the filing of the petition under this Section; and 
18   (E) the specific adverse consequences the 
19 petitioner may be subject to if the petition is denied. 
20  (8) Service of order. After entering an order to 
21 expunge or
seal records, the court must provide copies of 
22 the order to the
Department, in a form and manner 
23 prescribed by the Department,
to the petitioner, to the 
24 State's Attorney or prosecutor
charged with the duty of 
25 prosecuting the offense, to the
arresting agency, to the 
26 chief legal officer of the unit of
local government 
 
 
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1 effecting the arrest, and to such other
criminal justice 
2 agencies as may be ordered by the court.
3  (9) Implementation of order.
4   (A) Upon entry of an order to expunge records 
5 pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
6    (i) the records shall be expunged (as defined 
7 in subsection (a)(1)(E)) by the arresting agency, 
8 the Department, and any other agency as ordered by 
9 the court, within 60 days of the date of service of 
10 the order, unless a motion to vacate, modify, or 
11 reconsider the order is filed pursuant to 
12 paragraph (12) of subsection (d) of this Section;
13    (ii) the records of the circuit court clerk 
14 shall be impounded until further order of the court 
15 upon good cause shown and the name of the 
16 petitioner obliterated on the official index 
17 required to be kept by the circuit court clerk 
18 under Section 16 of the Clerks of Courts Act, but 
19 the order shall not affect any index issued by the 
20 circuit court clerk before the entry of the order; 
21 and
22    (iii) in response to an inquiry for expunged 
23 records, the court, the Department, or the agency 
24 receiving such inquiry, shall reply as it does in 
25 response to inquiries when no records ever 
26 existed.
 
 
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1   (B) Upon entry of an order to expunge records 
2 pursuant to (b)(2)(B)(i) or (b)(2)(C), or both:
3    (i) the records shall be expunged (as defined 
4 in subsection (a)(1)(E)) by the arresting agency 
5 and any other agency as ordered by the court, 
6 within 60 days of the date of service of the order, 
7 unless a motion to vacate, modify, or reconsider 
8 the order is filed pursuant to paragraph (12) of 
9 subsection (d) of this Section;
10    (ii) the records of the circuit court clerk 
11 shall be impounded until further order of the court 
12 upon good cause shown and the name of the 
13 petitioner obliterated on the official index 
14 required to be kept by the circuit court clerk 
15 under Section 16 of the Clerks of Courts Act, but 
16 the order shall not affect any index issued by the 
17 circuit court clerk before the entry of the order;
18    (iii) the records shall be impounded by the

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

4 Department within 60 days of the date of service of 
5 the order as ordered by the court, unless a motion 
6 to vacate, modify, or reconsider the order is filed 
7 under paragraph (12) of subsection (d) of this 
8 Section;
9    (iv) records impounded by the Department may 
10 be disseminated by the Department only as required 
11 by law or to the arresting authority, the State's 
12 Attorney, and the court upon a later arrest for the 
13 same or a similar offense or for the purpose of 
14 sentencing for any subsequent felony, and to the 
15 Department of Corrections upon conviction for any 
16 offense; and
17    (v) in response to an inquiry for these records 
18 from anyone not authorized by law to access the 
19 records, the court, the Department, or the agency 
20 receiving the inquiry shall reply as it does in 
21 response to inquiries when no records ever 
22 existed. 
23   (C) Upon entry of an order to seal records under 
24 subsection
(c), the arresting agency, any other agency 
25 as ordered by the court, the Department, and the court 
26 shall seal the records (as defined in subsection 
 
 
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1 (a)(1)(K)). In response to an inquiry for such records, 
2 from anyone not authorized by law to access such 
3 records, the court, the Department, or the agency 
4 receiving such inquiry shall reply as it does in 
5 response to inquiries when no records ever existed.
6   (D) The Department shall send written notice to the 
7 petitioner of its compliance with each order to expunge 
8 or seal records within 60 days of the date of service 
9 of that order or, if a motion to vacate, modify, or 
10 reconsider is filed, within 60 days of service of the 
11 order resolving the motion, if that order requires the 
12 Department to expunge or seal records. In the event of 
13 an appeal from the circuit court order, the Department 
14 shall send written notice to the petitioner of its 
15 compliance with an Appellate Court or Supreme Court 
16 judgment to expunge or seal records within 60 days of 
17 the issuance of the court's mandate. The notice is not 
18 required while any motion to vacate, modify, or 
19 reconsider, or any appeal or petition for 
20 discretionary appellate review, is pending. 
21   (E) Upon motion, the court may order that a sealed 
22 judgment or other court record necessary to 
23 demonstrate the amount of any legal financial 
24 obligation due and owing be made available for the 
25 limited purpose of collecting any legal financial 
26 obligations owed by the petitioner that were 
 
 
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1 established, imposed, or originated in the criminal 
2 proceeding for which those records have been sealed. 
3 The records made available under this subparagraph (E) 
4 shall not be entered into the official index required 
5 to be kept by the circuit court clerk under Section 16 
6 of the Clerks of Courts Act and shall be immediately 
7 re-impounded upon the collection of the outstanding 
8 financial obligations. 
9   (F) Notwithstanding any other provision of this 
10 Section, a circuit court clerk may access a sealed 
11 record for the limited purpose of collecting payment 
12 for any legal financial obligations that were 
13 established, imposed, or originated in the criminal 
14 proceedings for which those records have been sealed. 
15  (10) Fees. The Department may charge the petitioner a 
16 fee equivalent to the cost of processing any order to 
17 expunge or seal records. Notwithstanding any provision of 
18 the Clerks of Courts Act to the contrary, the circuit court 
19 clerk may charge a fee equivalent to the cost associated 
20 with the sealing or expungement of records by the circuit 
21 court clerk. From the total filing fee collected for the 
22 petition to seal or expunge, the circuit court clerk shall 
23 deposit $10 into the Circuit Court Clerk Operation and 
24 Administrative Fund, to be used to offset the costs 
25 incurred by the circuit court clerk in performing the 
26 additional duties required to serve the petition to seal or 
 
 
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1 expunge on all parties. The circuit court clerk shall 
2 collect and forward the Department of State Police portion 
3 of the fee to the Department and it shall be deposited in 
4 the State Police Services Fund. If the record brought under 
5 an expungement petition was previously sealed under this 
6 Section, the fee for the expungement petition for that same 
7 record shall be waived. 
8  (11) Final Order. No court order issued under the 
9 expungement or sealing provisions of this Section shall 
10 become final for purposes of appeal until 30 days after 
11 service of the order on the petitioner and all parties 
12 entitled to notice of the petition.
13  (12) Motion to Vacate, Modify, or Reconsider. Under 
14 Section 2-1203 of the Code of Civil Procedure, the 
15 petitioner or any party entitled to notice may file a 
16 motion to vacate, modify, or reconsider the order granting 
17 or denying the petition to expunge or seal within 60 days 
18 of service of the order. If filed more than 60 days after 
19 service of the order, a petition to vacate, modify, or 
20 reconsider shall comply with subsection (c) of Section 
21 2-1401 of the Code of Civil Procedure. Upon filing of a 
22 motion to vacate, modify, or reconsider, notice of the 
23 motion shall be served upon the petitioner and all parties 
24 entitled to notice of the petition. 
25  (13) Effect of Order. An order granting a petition 
26 under the expungement or sealing provisions of this Section 
 
 
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1 shall not be considered void because it fails to comply 
2 with the provisions of this Section or because of any error 
3 asserted in a motion to vacate, modify, or reconsider. The 
4 circuit court retains jurisdiction to determine whether 
5 the order is voidable and to vacate, modify, or reconsider 
6 its terms based on a motion filed under paragraph (12) of 
7 this subsection (d).
8  (14) Compliance with Order Granting Petition to Seal 
9 Records. Unless a court has entered a stay of an order 
10 granting a petition to seal, all parties entitled to notice 
11 of the petition must fully comply with the terms of the 
12 order within 60 days of service of the order even if a 
13 party is seeking relief from the order through a motion 
14 filed under paragraph (12) of this subsection (d) or is 
15 appealing the order.
16  (15) Compliance with Order Granting Petition to 
17 Expunge Records. While a party is seeking relief from the 
18 order granting the petition to expunge through a motion 
19 filed under paragraph (12) of this subsection (d) or is 
20 appealing the order, and unless a court has entered a stay 
21 of that order, the parties entitled to notice of the 
22 petition must seal, but need not expunge, the records until 
23 there is a final order on the motion for relief or, in the 
24 case of an appeal, the issuance of that court's mandate.
25  (16) The changes to this subsection (d) made by Public 
26 Act 98-163 apply to all petitions pending on August 5, 2013 
 
 
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1 (the effective date of Public Act 98-163) and to all orders 
2 ruling on a petition to expunge or seal on or after August 
3 5, 2013 (the effective date of Public Act 98-163). 
4 (e) Whenever a person who has been convicted of an offense 
5is granted
a pardon by the Governor which specifically 
6authorizes expungement, he or she may,
upon verified petition 
7to the Chief Judge of the circuit where the person had
been 
8convicted, any judge of the circuit designated by the Chief 
9Judge, or in
counties of less than 3,000,000 inhabitants, the 
10presiding trial judge at the
defendant's trial, have a court 
11order entered expunging the record of
arrest from the official 
12records of the arresting authority and order that the
records 
13of the circuit court clerk and the Department be sealed until

14further order of the court upon good cause shown or as 
15otherwise provided
herein, and the name of the defendant 
16obliterated from the official index
requested to be kept by the 
17circuit court clerk under Section 16 of the Clerks
of Courts 
18Act in connection with the arrest and conviction for the 
19offense for
which he or she had been pardoned but the order 
20shall not affect any index issued by
the circuit court clerk 
21before the entry of the order. All records sealed by
the 
22Department may be disseminated by the Department only to the 
23arresting authority, the State's Attorney, and the court upon a 
24later
arrest for the same or similar offense or for the purpose 
25of sentencing for any
subsequent felony. Upon conviction for 
26any subsequent offense, the Department
of Corrections shall 
 
 
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1have access to all sealed records of the Department
pertaining 
2to that individual. Upon entry of the order of expungement, the

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

14of Corrections shall conduct a study of the impact of sealing,

15especially on employment and recidivism rates, utilizing a

16random sample of those who apply for the sealing of their

17criminal records under Public Act 93-211. At the request of the

18Illinois Department of Corrections, records of the Illinois

19Department of Employment Security shall be utilized as

20appropriate to assist in the study. The study shall not

21disclose any data in a manner that would allow the

22identification of any particular individual or employing unit.

23The study shall be made available to the General Assembly no

24later than September 1, 2010.

25 (g) Immediate Sealing.
26  (1) Applicability. Notwithstanding any other provision 
 
 
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1 of this Act to the contrary, and cumulative with any rights 
2 to expungement or sealing of criminal records, this 
3 subsection authorizes the immediate sealing of criminal 
4 records of adults and of minors prosecuted as adults.
5  (2) Eligible Records. Arrests or charges not initiated 
6 by arrest resulting in acquittal or dismissal with 
7 prejudice, except as excluded by subsection (a)(3)(B), 
8 that occur on or after January 1, 2018 (the effective date 
9 of Public Act 100-282), may be sealed immediately if the 
10 petition is filed with the circuit court clerk on the same 
11 day and during the same hearing in which the case is 
12 disposed.
13  (3) When Records are Eligible to be Immediately Sealed. 
14 Eligible records under paragraph (2) of this subsection (g) 
15 may be sealed immediately after entry of the final 
16 disposition of a case, notwithstanding the disposition of 
17 other charges in the same case.
18  (4) Notice of Eligibility for Immediate Sealing. Upon 
19 entry of a disposition for an eligible record under this 
20 subsection (g), the defendant shall be informed by the 
21 court of his or her right to have eligible records 
22 immediately sealed and the procedure for the immediate 
23 sealing of these records.
24  (5) Procedure. The following procedures apply to 
25 immediate sealing under this subsection (g).
26   (A) Filing the Petition. Upon entry of the final 
 
 
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1 disposition of the case, the defendant's attorney may 
2 immediately petition the court, on behalf of the 
3 defendant, for immediate sealing of eligible records 
4 under paragraph (2) of this subsection (g) that are 
5 entered on or after January 1, 2018 (the effective date 
6 of Public Act 100-282). The immediate sealing petition 
7 may be filed with the circuit court clerk during the 
8 hearing in which the final disposition of the case is 
9 entered. If the defendant's attorney does not file the 
10 petition for immediate sealing during the hearing, the 
11 defendant may file a petition for sealing at any time 
12 as authorized under subsection (c)(3)(A).
13   (B) Contents of Petition. The immediate sealing 
14 petition shall be verified and shall contain the 
15 petitioner's name, date of birth, current address, and 
16 for each eligible record, the case number, the date of 
17 arrest if applicable, the identity of the arresting 
18 authority if applicable, and other information as the 
19 court may require.
20   (C) Drug Test. The petitioner shall not be required 
21 to attach proof that he or she has passed a drug test.
22   (D) Service of Petition. A copy of the petition 
23 shall be served on the State's Attorney in open court. 
24 The petitioner shall not be required to serve a copy of 
25 the petition on any other agency.
26   (E) Entry of Order. The presiding trial judge shall 
 
 
10100SB1557ham001- 39 -LRB101 08168 WGH 64593 a


1 enter an order granting or denying the petition for 
2 immediate sealing during the hearing in which it is 
3 filed. Petitions for immediate sealing shall be ruled 
4 on in the same hearing in which the final disposition 
5 of the case is entered.
6   (F) Hearings. The court shall hear the petition for 
7 immediate sealing on the same day and during the same 
8 hearing in which the disposition is rendered.
9   (G) Service of Order. An order to immediately seal 
10 eligible records shall be served in conformance with 
11 subsection (d)(8).
12   (H) Implementation of Order. An order to 
13 immediately seal records shall be implemented in 
14 conformance with subsections (d)(9)(C) and (d)(9)(D).
15   (I) Fees. The fee imposed by the circuit court 
16 clerk and the Department of State Police shall comply 
17 with paragraph (1) of subsection (d) of this Section.
18   (J) Final Order. No court order issued under this 
19 subsection (g) shall become final for purposes of 
20 appeal until 30 days after service of the order on the 
21 petitioner and all parties entitled to service of the 
22 order in conformance with subsection (d)(8).
23   (K) Motion to Vacate, Modify, or Reconsider. Under 
24 Section 2-1203 of the Code of Civil Procedure, the 
25 petitioner, State's Attorney, or the Department of 
26 State Police may file a motion to vacate, modify, or 
 
 
10100SB1557ham001- 40 -LRB101 08168 WGH 64593 a


1 reconsider the order denying the petition to 
2 immediately seal within 60 days of service of the 
3 order. If filed more than 60 days after service of the 
4 order, a petition to vacate, modify, or reconsider 
5 shall comply with subsection (c) of Section 2-1401 of 
6 the Code of Civil Procedure.
7   (L) Effect of Order. An order granting an immediate 
8 sealing petition shall not be considered void because 
9 it fails to comply with the provisions of this Section 
10 or because of an error asserted in a motion to vacate, 
11 modify, or reconsider. The circuit court retains 
12 jurisdiction to determine whether the order is 
13 voidable, and to vacate, modify, or reconsider its 
14 terms based on a motion filed under subparagraph (L) of 
15 this subsection (g).
16   (M) Compliance with Order Granting Petition to 
17 Seal Records. Unless a court has entered a stay of an 
18 order granting a petition to immediately seal, all 
19 parties entitled to service of the order must fully 
20 comply with the terms of the order within 60 days of 
21 service of the order. 
22 (h) Sealing; trafficking victims.
23  (1) A trafficking victim as defined by paragraph (10) 
24 of subsection (a) of Section 10-9 of the Criminal Code of 
25 2012 shall be eligible to petition for immediate sealing of 
26 his or her criminal record upon the completion of his or 
 
 
10100SB1557ham001- 41 -LRB101 08168 WGH 64593 a


1 her last sentence if his or her participation in the 
2 underlying offense was a direct result of human trafficking 
3 under Section 10-9 of the Criminal Code of 2012 or a severe 
4 form of trafficking under the federal Trafficking Victims 
5 Protection Act.
6  (2) A petitioner under this subsection (h), in addition 
7 to the requirements provided under paragraph (4) of 
8 subsection (d) of this Section, shall include in his or her 
9 petition a clear and concise statement that: (A) he or she 
10 was a victim of human trafficking at the time of the 
11 offense; and (B) that his or her participation in the 
12 offense was a direct result of human trafficking under 
13 Section 10-9 of the Criminal Code of 2012 or a severe form 
14 of trafficking under the federal Trafficking Victims 
15 Protection Act. 
16  (3) If an objection is filed alleging that the 
17 petitioner is not entitled to immediate sealing under this 
18 subsection (h), the court shall conduct a hearing under 
19 paragraph (7) of subsection (d) of this Section and the 
20 court shall determine whether the petitioner is entitled to 
21 immediate sealing under this subsection (h). A petitioner 
22 is eligible for immediate relief under this subsection (h) 
23 if he or she shows, by a preponderance of the evidence, 
24 that: (A) he or she was a victim of human trafficking at 
25 the time of the offense; and (B) that his or her 
26 participation in the offense was a direct result of human 
 
 
10100SB1557ham001- 42 -LRB101 08168 WGH 64593 a


1 trafficking under Section 10-9 of the Criminal Code of 2012 
2 or a severe form of trafficking under the federal 
3 Trafficking Victims Protection Act.
4 (i) Minor Cannabis Offenses under the Cannabis Control Act.
5  (1) Expungement of Arrest Records of Minor Cannabis 
6 Offenses.
7   (A) The Department of State Police and all law 
8 enforcement agencies within the State shall 
9 automatically expunge all criminal history records of 
10 an arrest, charge not initiated by arrest, order of 
11 supervision, or order of qualified probation for a 
12 Minor Cannabis Offense committed prior to June 25, 2019 
13 (the effective date of Public Act 101-27) this 
14 amendatory Act of the 101st General Assembly if:
15    (i) One year or more has elapsed since the date 
16 of the arrest or law enforcement interaction 
17 documented in the records; and
18    (ii) No criminal charges were filed relating 
19 to the arrest or law enforcement interaction or 
20 criminal charges were filed and subsequently 
21 dismissed or vacated or the arrestee was 
22 acquitted; and 
23    (iii) The arrest is not associated with an 
24 arrest for a violent crime as defined in the Rights 
25 of Crime Victims and Witnesses Act.
26   (B) If the law enforcement agency is unable to 
 
 
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1 verify satisfaction of condition (ii) in paragraph 
2 (A), records that satisfy condition (i) in paragraph 
3 (A) shall be automatically expunged.
4   (C) Records shall be expunged by the law 
5 enforcement agency pursuant to the procedures set 
6 forth in subdivision (d)(9)(A) under the following 
7 timelines:
8    (i) Records created prior to June 25, 2019 (the 
9 effective date of Public Act 101-27) this 
10 amendatory Act of the 101st General Assembly, but 
11 on or after January 1, 2013, shall be automatically 
12 expunged prior to January 1, 2021;
13    (ii) Records created prior to January 1, 2013, 
14 but on or after January 1, 2000, shall be 
15 automatically expunged prior to January 1, 2023;
16    (iii) Records created prior to January 1, 2000 
17 shall be automatically expunged prior to January 
18 1, 2025.
19   In response to an inquiry for expunged records, the 
20 law enforcement agency receiving such inquiry shall 
21 reply as it does in response to inquiries when no 
22 records ever existed; however, it shall provide a 
23 certificate of disposition or confirmation that the 
24 record was expunged to the individual whose record was 
25 expunged if such a record exists. 
26   (D) Nothing in this Section shall be construed to 
 
 
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1 restrict or modify an individual's right to have that 
2 individual's records expunged except as otherwise may 
3 be provided in this Act, or diminish or abrogate any 
4 rights or remedies otherwise available to the 
5 individual.
6  (2) Pardons Authorizing Expungement of Minor Cannabis 
7 Offenses.
8   (A) Upon June 25, 2019 (the effective date of 
9 Public Act 101-27) this amendatory Act of the 101st 
10 General Assembly, the Department of State Police shall 
11 review all criminal history record information and 
12 identify all records that meet all of the following 
13 criteria:
14    (i) one or more convictions for a Minor 
15 Cannabis Offense;
16    (ii) the conviction identified in paragraph 
17 (2)(A)(i) did not include a penalty enhancement 
18 under Section 7 of the Cannabis Control Act; and
19    (iii) the conviction identified in paragraph 
20 (2)(A)(i) is not associated with a an arrest, 
21 conviction or other disposition for a violent 
22 crime as defined in subsection (c) of Section 3 of 
23 the Rights of Crime Victims and Witnesses Act.
24   (B) Within 180 days after June 25, 2019 (the 
25 effective date of Public Act 101-27) this amendatory 
26 Act of the 101st General Assembly, the Department of 
 
 
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1 State Police shall notify the Prisoner Review Board of 
2 all such records that meet the criteria established in 
3 paragraph (2)(A).
4    (i) The Prisoner Review Board shall notify the 
5 State's Attorney of the county of conviction of 
6 each record identified by State Police in 
7 paragraph (2)(A) that is classified as a Class 4 
8 felony. The State's Attorney may provide a written 
9 objection to the Prisoner Review Board on the sole 
10 basis that the record identified does not meet the 
11 criteria established in paragraph (2)(A). Such an 
12 objection must be filed within 60 days or by such 
13 later date set by Prisoner Review Board in the 
14 notice after the State's Attorney received notice 
15 from the Prisoner Review Board.
16    (ii) In response to a written objection from a 
17 State's Attorney, the Prisoner Review Board is 
18 authorized to conduct a non-public hearing to 
19 evaluate the information provided in the 
20 objection.
21    (iii) The Prisoner Review Board shall make a 
22 confidential and privileged recommendation to the 
23 Governor as to whether to grant a pardon 
24 authorizing expungement for each of the records 
25 identified by the Department of State Police as 
26 described in paragraph (2)(A).
 
 
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1   (C) If an individual has been granted a pardon 
2 authorizing expungement as described in this Section, 
3 the Prisoner Review Board, through the Attorney 
4 General, shall file a petition for expungement with the 
5 Chief Judge of the circuit or any judge of the circuit 
6 designated by the Chief Judge where the individual had 
7 been convicted. Such petition may include more than one 
8 individual. Whenever an individual who has been 
9 convicted of an offense is granted a pardon by the 
10 Governor that specifically authorizes expungement, an 
11 objection to the petition may not be filed. Petitions 
12 to expunge under this subsection (i) may include more 
13 than one individual. Within 90 days of the filing of 
14 such a petition, the court shall enter an order 
15 expunging the records of arrest from the official 
16 records of the arresting authority and order that the 
17 records of the circuit court clerk and the Department 
18 of State Police be expunged and the name of the 
19 defendant obliterated from the official index 
20 requested to be kept by the circuit court clerk under 
21 Section 16 of the Clerks of Courts Act in connection 
22 with the arrest and conviction for the offense for 
23 which the individual had received a pardon but the 
24 order shall not affect any index issued by the circuit 
25 court clerk before the entry of the order. Upon entry 
26 of the order of expungement, the circuit court clerk 
 
 
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1 shall promptly provide a copy of the order and a 
2 certificate of disposition to the individual who was 
3 pardoned to the individual's last known address or by 
4 electronic means (if available) or otherwise make it 
5 available to the individual who was pardoned to the 
6 individual's last known address or otherwise make 
7 available to the individual upon request.
8   (D) Nothing in this Section is intended to diminish 
9 or abrogate any rights or remedies otherwise available 
10 to the individual.
11  (3) Any individual may file a motion to vacate and 
12 expunge a conviction for a misdemeanor or Class 4 felony 
13 violation of Section 4 or Section 5 of the Cannabis Control 
14 Act. Motions to vacate and expunge under this subsection 
15 (i) may be filed with the circuit court, Chief Judge of a 
16 judicial circuit or any judge of the circuit designated by 
17 the Chief Judge. The circuit court clerk shall promptly 
18 serve a copy of the motion to vacate and expunge, and any 
19 supporting documentation, on the State's Attorney or 
20 prosecutor charged with the duty of prosecuting the 
21 offense. When considering such a motion to vacate and 
22 expunge, a court shall consider the following: the reasons 
23 to retain the records provided by law enforcement, the 
24 petitioner's age, the petitioner's age at the time of 
25 offense, the time since the conviction, and the specific 
26 adverse consequences if denied. An individual may file such 
 
 
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1 a petition after the completion of any non-financial 
2 sentence or non-financial condition imposed by the 
3 conviction. Within 60 days of the filing of such motion, a 
4 State's Attorney may file an objection to such a petition 
5 along with supporting evidence. If a motion to vacate and 
6 expunge is granted, the records shall be expunged in 
7 accordance with subparagraphs (d)(8) and sentence or 
8 condition imposed by the conviction. Within 60 days of the 
9 filing of such motion, a State's Attorney may file an 
10 objection to such a petition along with supporting 
11 evidence. If a motion to vacate and expunge is granted, the 
12 records shall be expunged in accordance with subparagraph 
13 (d)(9)(A) of this Section. An agency providing civil legal 
14 aid, as defined by Section 15 of the Public Interest 
15 Attorney Assistance Act, assisting individuals seeking to 
16 file a motion to vacate and expunge under this subsection 
17 may file motions to vacate and expunge with the Chief Judge 
18 of a judicial circuit or any judge of the circuit 
19 designated by the Chief Judge, and the motion may include 
20 more than one individual. Motions filed by an agency 
21 providing civil legal aid concerning more than one 
22 individual may be prepared, presented, and signed 
23 electronically.
24  (4) Any State's Attorney may file a motion to vacate 
25 and expunge a conviction for a misdemeanor or Class 4 
26 felony violation of Section 4 or Section 5 of the Cannabis 
 
 
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1 Control Act. Motions to vacate and expunge under this 
2 subsection (i) may be filed with the circuit court, Chief 
3 Judge of a judicial circuit or any judge of the circuit 
4 designated by the Chief Judge, and may include more than 
5 one individual. Motions filed by a State's Attorney 
6 concerning more than one individual may be prepared, 
7 presented, and signed electronically. When considering 
8 such a motion to vacate and expunge, a court shall consider 
9 the following: the reasons to retain the records provided 
10 by law enforcement, the individual's age, the individual's 
11 age at the time of offense, the time since the conviction, 
12 and the specific adverse consequences if denied. Upon entry 
13 of an order granting a motion to vacate and expunge records 
14 pursuant to this Section, the State's Attorney shall notify 
15 the Prisoner Review Board within 30 days. Upon entry of the 
16 order of expungement, the circuit court clerk shall 
17 promptly provide a copy of the order and a certificate of 
18 disposition to the individual whose records will be 
19 expunged to the individual's last known address or by 
20 electronic means (if available) or otherwise make 
21 available to the individual upon request. If a motion to 
22 vacate and expunge is granted, the records shall be 
23 expunged in accordance with subparagraphs (d)(8) and 
24 (d)(9)(A) of this Section. If the State's Attorney files a 
25 motion to vacate and expunge records for Minor Cannabis 
26 Offenses pursuant to this Section, the State's Attorney 
 
 
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1 shall notify the Prisoner Review Board within 30 days of 
2 such filing. If a motion to vacate and expunge is granted, 
3 the records shall be expunged in accordance with 
4 subparagraph (d)(9)(A) of this Section.
5  (5) In the public interest, the State's Attorney of a 
6 county has standing to file motions to vacate and expunge 
7 pursuant to this Section in the circuit court with 
8 jurisdiction over the underlying conviction.
9  (6) If a person is arrested for a Minor Cannabis 
10 Offense as defined in this Section before June 25, 2019 
11 (the effective date of Public Act 101-27) this amendatory 
12 Act of the 101st General Assembly and the person's case is 
13 still pending but a sentence has not been imposed, the 
14 person may petition the court in which the charges are 
15 pending for an order to summarily dismiss those charges 
16 against him or her, and expunge all official records of his 
17 or her arrest, plea, trial, conviction, incarceration, 
18 supervision, or expungement. If the court determines, upon 
19 review, that:
(A) the person was arrested before June 25, 
20 2019 (the effective date of Public Act 101-27) this 
21 amendatory Act of the 101st General Assembly for an offense 
22 that has been made eligible for expungement;
(B) the case 
23 is pending at the time; and
(C) the person has not been 
24 sentenced of the minor cannabis violation eligible for 
25 expungement under this subsection, the court shall 
26 consider the following: the reasons to retain the records 
 
 
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1 provided by law enforcement, the petitioner's age, the 
2 petitioner's age at the time of offense, the time since the 
3 conviction, and the specific adverse consequences if 
4 denied. If a motion to dismiss and expunge is granted, the 
5 records shall be expunged in accordance with subparagraph 
6 (d)(9)(A) of this Section.
7  (7) A person imprisoned solely as a result of one or 
8 more convictions for Minor Cannabis Offenses under this 
9 subsection (i) shall be released from incarceration upon 
10 the issuance of an order under this subsection.
11  (8) The Department of State Police shall allow a person 
12 to use the access and review process, established in the 
13 Department of State Police, for verifying that his or her 
14 records relating to Minor Cannabis Offenses of the Cannabis 
15 Control Act eligible under this Section have been expunged.
16  (9) No conviction vacated pursuant to this Section 
17 shall serve as the basis for damages for time unjustly 
18 served as provided in the Court of Claims Act. 
19  (10) Effect of Expungement. A person's right to expunge 
20 an expungeable offense shall not be limited under this 
21 Section. The effect of an order of expungement shall be to 
22 restore the person to the status he or she occupied before 
23 the arrest, charge, or conviction.
24  (11) Information. The Department of State Police shall 
25 post general information on its website about the 
26 expungement process described in this subsection (i). 
 
 
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1(Source: P.A. 100-201, eff. 8-18-17; 100-282, eff. 1-1-18; 
2100-284, eff. 8-24-17; 100-287, eff. 8-24-17; 100-692, eff. 
38-3-18; 100-759, eff. 1-1-19; 100-776, eff. 8-10-18; 100-863, 
4eff. 8-14-18; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 
5101-159, eff. 1-1-20; 101-306, eff. 8-9-19; revised 9-25-19.)


6 Section 6. The Use Tax Act is amended by changing Section 
73-10 as follows:



8 (35 ILCS 105/3-10)


9 Sec. 3-10. Rate of tax. Unless otherwise provided in this 
10Section, the tax
imposed by this Act is at the rate of 6.25% of 
11either the selling price or the
fair market value, if any, of 
12the tangible personal property. In all cases
where property 
13functionally used or consumed is the same as the property that

14was purchased at retail, then the tax is imposed on the selling 
15price of the
property. In all cases where property functionally 
16used or consumed is a
by-product or waste product that has been 
17refined, manufactured, or produced
from property purchased at 
18retail, then the tax is imposed on the lower of the
fair market 
19value, if any, of the specific property so used in this State 
20or on
the selling price of the property purchased at retail. 
21For purposes of this
Section "fair market value" means the 
22price at which property would change
hands between a willing 
23buyer and a willing seller, neither being under any
compulsion 
24to buy or sell and both having reasonable knowledge of the

 
 
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1relevant facts. The fair market value shall be established by 
2Illinois sales by
the taxpayer of the same property as that 
3functionally used or consumed, or if
there are no such sales by 
4the taxpayer, then comparable sales or purchases of
property of 
5like kind and character in Illinois.

6 Beginning on July 1, 2000 and through December 31, 2000, 
7with respect to
motor fuel, as defined in Section 1.1 of the 
8Motor Fuel Tax
Law, and gasohol, as defined in Section 3-40 of 
9the Use Tax Act, the tax is
imposed at the rate of 1.25%.

10 Beginning on August 6, 2010 through August 15, 2010, with 
11respect to sales tax holiday items as defined in Section 3-6 of 
12this Act, the
tax is imposed at the rate of 1.25%. 
13 With respect to gasohol, the tax imposed by this Act 
14applies to (i) 70%
of the proceeds of sales made on or after 
15January 1, 1990, and before
July 1, 2003, (ii) 80% of the 
16proceeds of sales made
on or after July 1, 2003 and on or 
17before July 1, 2017, and (iii) 100% of the proceeds of sales 
18made
thereafter.
If, at any time, however, the tax under this 
19Act on sales of gasohol is
imposed at the
rate of 1.25%, then 
20the tax imposed by this Act applies to 100% of the proceeds
of 
21sales of gasohol made during that time.

22 With respect to majority blended ethanol fuel, the tax 
23imposed by this Act
does
not apply
to the proceeds of sales 
24made on or after July 1, 2003 and on or before
December 31, 
252023 but applies to 100% of the proceeds of sales made 
26thereafter.

 
 
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1 With respect to biodiesel blends with no less than 1% and 
2no more than 10%
biodiesel, the tax imposed by this Act applies 
3to (i) 80% of the
proceeds of sales made on or after July 1, 
42003 and on or before December 31, 2018
and (ii) 100% of the 
5proceeds of sales made
thereafter.
If, at any time, however, 
6the tax under this Act on sales of biodiesel blends
with no 
7less than 1% and no more than 10% biodiesel
is imposed at the 
8rate of
1.25%, then the
tax imposed by this Act applies to 100% 
9of the proceeds of sales of biodiesel
blends with no less than 
101% and no more than 10% biodiesel
made
during that time.

11 With respect to 100% biodiesel and biodiesel blends with 
12more than 10%
but no more than 99% biodiesel, the tax imposed 
13by this Act does not apply to
the
proceeds of sales made on or 
14after July 1, 2003 and on or before
December 31, 2023 but 
15applies to 100% of the proceeds of sales made
thereafter.

16 With respect to food for human consumption that is to be 
17consumed off the
premises where it is sold (other than 
18alcoholic beverages, food consisting of or infused with adult 
19use cannabis, soft drinks, and
food that has been prepared for 
20immediate consumption) and prescription and
nonprescription 
21medicines, drugs, medical appliances, products classified as 
22Class III medical devices by the United States Food and Drug 
23Administration that are used for cancer treatment pursuant to a 
24prescription, as well as any accessories and components related 
25to those devices, modifications to a motor
vehicle for the 
26purpose of rendering it usable by a person with a disability, 
 
 
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1and
insulin, urine testing materials, syringes, and needles 
2used by diabetics, for
human use, the tax is imposed at the 
3rate of 1%. For the purposes of this
Section, until September 
41, 2009: the term "soft drinks" means any complete, finished, 
5ready-to-use,
non-alcoholic drink, whether carbonated or not, 
6including but not limited to
soda water, cola, fruit juice, 
7vegetable juice, carbonated water, and all other
preparations 
8commonly known as soft drinks of whatever kind or description 
9that
are contained in any closed or sealed bottle, can, carton, 
10or container,
regardless of size; but "soft drinks" does not 
11include coffee, tea, non-carbonated
water, infant formula, 
12milk or milk products as defined in the Grade A
Pasteurized 
13Milk and Milk Products Act, or drinks containing 50% or more

14natural fruit or vegetable juice.

15 Notwithstanding any other provisions of this
Act, 
16beginning September 1, 2009, "soft drinks" means non-alcoholic 
17beverages that contain natural or artificial sweeteners. "Soft 
18drinks" do not include beverages that contain milk or milk 
19products, soy, rice or similar milk substitutes, or greater 
20than 50% of vegetable or fruit juice by volume.
21 Until August 1, 2009, and notwithstanding any other 
22provisions of this
Act, "food for human consumption that is to 
23be consumed off the premises where
it is sold" includes all 
24food sold through a vending machine, except soft
drinks and 
25food products that are dispensed hot from a vending machine,

26regardless of the location of the vending machine. Beginning 
 
 
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1August 1, 2009, and notwithstanding any other provisions of 
2this Act, "food for human consumption that is to be consumed 
3off the premises where it is sold" includes all food sold 
4through a vending machine, except soft drinks, candy, and food 
5products that are dispensed hot from a vending machine, 
6regardless of the location of the vending machine. 

7 Notwithstanding any other provisions of this
Act, 
8beginning September 1, 2009, "food for human consumption that 
9is to be consumed off the premises where
it is sold" does not 
10include candy. For purposes of this Section, "candy" means a 
11preparation of sugar, honey, or other natural or artificial 
12sweeteners in combination with chocolate, fruits, nuts or other 
13ingredients or flavorings in the form of bars, drops, or 
14pieces. "Candy" does not include any preparation that contains 
15flour or requires refrigeration. 
16 Notwithstanding any other provisions of this
Act, 
17beginning September 1, 2009, "nonprescription medicines and 
18drugs" does not include grooming and hygiene products. For 
19purposes of this Section, "grooming and hygiene products" 
20includes, but is not limited to, soaps and cleaning solutions, 
21shampoo, toothpaste, mouthwash, antiperspirants, and sun tan 
22lotions and screens, unless those products are available by 
23prescription only, regardless of whether the products meet the 
24definition of "over-the-counter-drugs". For the purposes of 
25this paragraph, "over-the-counter-drug" means a drug for human 
26use that contains a label that identifies the product as a drug 
 
 
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1as required by 21 C.F.R. § 201.66. The "over-the-counter-drug" 
2label includes: 
3  (A) A "Drug Facts" panel; or
4  (B) A statement of the "active ingredient(s)" with a 
5 list of those ingredients contained in the compound, 
6 substance or preparation.
7 Beginning on the effective date of this amendatory Act of 
8the 98th General Assembly, "prescription and nonprescription 
9medicines and drugs" includes medical cannabis purchased from a 
10registered dispensing organization under the Compassionate Use 
11of Medical Cannabis Program Act. 
12 As used in this Section, "adult use cannabis" means 
13cannabis subject to tax under the Cannabis Cultivation 
14Privilege Tax Law and the Cannabis Purchaser Excise Tax Law and 
15does not include cannabis subject to tax under the 
16Compassionate Use of Medical Cannabis Program Act. 
17 If the property that is purchased at retail from a retailer 
18is acquired
outside Illinois and used outside Illinois before 
19being brought to Illinois
for use here and is taxable under 
20this Act, the "selling price" on which
the tax is computed 
21shall be reduced by an amount that represents a
reasonable 
22allowance for depreciation for the period of prior out-of-state 
23use.

24(Source: P.A. 100-22, eff. 7-6-17; 101-363, eff. 8-9-19.)


25 Section 7. The Service Use Tax Act is amended by changing 
 
 
10100SB1557ham001- 58 -LRB101 08168 WGH 64593 a


1Section 3-10 as follows:



2 (35 ILCS 110/3-10) (from Ch. 120, par. 439.33-10)


3 Sec. 3-10. Rate of tax. Unless otherwise provided in this 
4Section,
the tax imposed by this Act is at the rate of 6.25% of 
5the selling
price of tangible personal property transferred as 
6an incident to the sale
of service, but, for the purpose of 
7computing this tax, in no event shall
the selling price be less 
8than the cost price of the property to the
serviceman.

9 Beginning on July 1, 2000 and through December 31, 2000, 
10with respect to
motor fuel, as defined in Section 1.1 of the 
11Motor Fuel Tax
Law, and gasohol, as defined in Section 3-40 of 
12the Use Tax Act, the tax is
imposed at
the rate of 1.25%.

13 With respect to gasohol, as defined in the Use Tax Act, the 
14tax imposed
by this Act applies to (i) 70% of the selling price 
15of property transferred
as an incident to the sale of service 
16on or after January 1, 1990,
and before July 1, 2003, (ii) 80% 
17of the selling price of
property transferred as an incident to 
18the sale of service on or after July
1, 2003 and on or before 
19July 1, 2017, and (iii)
100% of the selling price thereafter.

20If, at any time, however, the tax under this Act on sales of 
21gasohol, as
defined in
the Use Tax Act, is imposed at the rate 
22of 1.25%, then the
tax imposed by this Act applies to 100% of 
23the proceeds of sales of gasohol
made during that time.

24 With respect to majority blended ethanol fuel, as defined 
25in the Use Tax Act,
the
tax
imposed by this Act does not apply 
 
 
10100SB1557ham001- 59 -LRB101 08168 WGH 64593 a


1to the selling price of property transferred
as an incident to 
2the sale of service on or after July 1, 2003 and on or before

3December 31, 2023 but applies to 100% of the selling price 
4thereafter.

5 With respect to biodiesel blends, as defined in the Use Tax 
6Act, with no less
than 1% and no
more than 10% biodiesel, the 
7tax imposed by this Act
applies to (i) 80% of the selling price 
8of property transferred as an incident
to the sale of service 
9on or after July 1, 2003 and on or before December 31, 2018
and 
10(ii) 100% of the proceeds of the selling price
thereafter.
If, 
11at any time, however, the tax under this Act on sales of 
12biodiesel blends,
as
defined in the Use Tax Act, with no less 
13than 1% and no more than 10% biodiesel
is imposed at the rate 
14of 1.25%, then the
tax imposed by this Act applies to 100% of 
15the proceeds of sales of biodiesel
blends with no less than 1% 
16and no more than 10% biodiesel
made
during that time.

17 With respect to 100% biodiesel, as defined in the Use Tax 
18Act, and biodiesel
blends, as defined in the Use Tax Act, with

19more than 10% but no more than 99% biodiesel, the tax imposed 
20by this Act
does not apply to the proceeds of the selling price 
21of property transferred
as an incident to the sale of service 
22on or after July 1, 2003 and on or before
December 31, 2023 but 
23applies to 100% of the selling price thereafter.

24 At the election of any registered serviceman made for each 
25fiscal year,
sales of service in which the aggregate annual 
26cost price of tangible
personal property transferred as an 
 
 
10100SB1557ham001- 60 -LRB101 08168 WGH 64593 a


1incident to the sales of service is
less than 35%, or 75% in 
2the case of servicemen transferring prescription
drugs or 
3servicemen engaged in graphic arts production, of the aggregate

4annual total gross receipts from all sales of service, the tax 
5imposed by
this Act shall be based on the serviceman's cost 
6price of the tangible
personal property transferred as an 
7incident to the sale of those services.

8 The tax shall be imposed at the rate of 1% on food prepared 
9for
immediate consumption and transferred incident to a sale of 
10service subject
to this Act or the Service Occupation Tax Act 
11by an entity licensed under
the Hospital Licensing Act, the 
12Nursing Home Care Act, the ID/DD Community Care Act, the MC/DD 
13Act, the Specialized Mental Health Rehabilitation Act of 2013, 
14or the
Child Care
Act of 1969. The tax shall
also be imposed at 
15the rate of 1% on food for human consumption that is to be

16consumed off the premises where it is sold (other than 
17alcoholic beverages, food consisting of or infused with adult 
18use cannabis,
soft drinks, and food that has been prepared for 
19immediate consumption and is
not otherwise included in this 
20paragraph) and prescription and nonprescription
medicines, 
21drugs, medical appliances, products classified as Class III 
22medical devices by the United States Food and Drug 
23Administration that are used for cancer treatment pursuant to a 
24prescription, as well as any accessories and components related 
25to those devices, modifications to a motor vehicle for the

26purpose of rendering it usable by a person with a disability, 
 
 
10100SB1557ham001- 61 -LRB101 08168 WGH 64593 a


1and insulin, urine testing
materials,
syringes, and needles 
2used by diabetics, for
human use. For the purposes of this 
3Section, until September 1, 2009: the term "soft drinks" means 
4any
complete, finished, ready-to-use, non-alcoholic drink, 
5whether carbonated or
not, including but not limited to soda 
6water, cola, fruit juice, vegetable
juice, carbonated water, 
7and all other preparations commonly known as soft
drinks of 
8whatever kind or description that are contained in any closed 
9or
sealed bottle, can, carton, or container, regardless of 
10size; but "soft drinks"
does not include coffee, tea, 
11non-carbonated water, infant formula, milk or
milk products as 
12defined in the Grade A Pasteurized Milk and Milk Products Act,

13or drinks containing 50% or more natural fruit or vegetable 
14juice.

15 Notwithstanding any other provisions of this
Act, 
16beginning September 1, 2009, "soft drinks" means non-alcoholic 
17beverages that contain natural or artificial sweeteners. "Soft 
18drinks" do not include beverages that contain milk or milk 
19products, soy, rice or similar milk substitutes, or greater 
20than 50% of vegetable or fruit juice by volume.
21 Until August 1, 2009, and notwithstanding any other 
22provisions of this Act, "food for human
consumption that is to 
23be consumed off the premises where it is sold" includes
all 
24food sold through a vending machine, except soft drinks and 
25food products
that are dispensed hot from a vending machine, 
26regardless of the location of
the vending machine. Beginning 
 
 
10100SB1557ham001- 62 -LRB101 08168 WGH 64593 a


1August 1, 2009, and notwithstanding any other provisions of 
2this Act, "food for human consumption that is to be consumed 
3off the premises where it is sold" includes all food sold 
4through a vending machine, except soft drinks, candy, and food 
5products that are dispensed hot from a vending machine, 
6regardless of the location of the vending machine. 

7 Notwithstanding any other provisions of this
Act, 
8beginning September 1, 2009, "food for human consumption that 
9is to be consumed off the premises where
it is sold" does not 
10include candy. For purposes of this Section, "candy" means a 
11preparation of sugar, honey, or other natural or artificial 
12sweeteners in combination with chocolate, fruits, nuts or other 
13ingredients or flavorings in the form of bars, drops, or 
14pieces. "Candy" does not include any preparation that contains 
15flour or requires refrigeration. 
16 Notwithstanding any other provisions of this
Act, 
17beginning September 1, 2009, "nonprescription medicines and 
18drugs" does not include grooming and hygiene products. For 
19purposes of this Section, "grooming and hygiene products" 
20includes, but is not limited to, soaps and cleaning solutions, 
21shampoo, toothpaste, mouthwash, antiperspirants, and sun tan 
22lotions and screens, unless those products are available by 
23prescription only, regardless of whether the products meet the 
24definition of "over-the-counter-drugs". For the purposes of 
25this paragraph, "over-the-counter-drug" means a drug for human 
26use that contains a label that identifies the product as a drug 
 
 
10100SB1557ham001- 63 -LRB101 08168 WGH 64593 a


1as required by 21 C.F.R. § 201.66. The "over-the-counter-drug" 
2label includes: 
3  (A) A "Drug Facts" panel; or
4  (B) A statement of the "active ingredient(s)" with a 
5 list of those ingredients contained in the compound, 
6 substance or preparation.
7 Beginning on January 1, 2014 (the effective date of Public 
8Act 98-122), "prescription and nonprescription medicines and 
9drugs" includes medical cannabis purchased from a registered 
10dispensing organization under the Compassionate Use of Medical 
11Cannabis Program Act. 
12 As used in this Section, "adult use cannabis" means 
13cannabis subject to tax under the Cannabis Cultivation 
14Privilege Tax Law and the Cannabis Purchaser Excise Tax Law and 
15does not include cannabis subject to tax under the 
16Compassionate Use of Medical Cannabis Program Act. 
17 If the property that is acquired from a serviceman is 
18acquired outside
Illinois and used outside Illinois before 
19being brought to Illinois for use
here and is taxable under 
20this Act, the "selling price" on which the tax
is computed 
21shall be reduced by an amount that represents a reasonable

22allowance for depreciation for the period of prior out-of-state 
23use.

24(Source: P.A. 100-22, eff. 7-6-17; 101-363, eff. 8-9-19.)

25 Section 8. The Service Occupation Tax Act is amended by 
 
 
10100SB1557ham001- 64 -LRB101 08168 WGH 64593 a


1changing Section 3-10 as follows:



2 (35 ILCS 115/3-10) (from Ch. 120, par. 439.103-10)


3 Sec. 3-10. Rate of tax. Unless otherwise provided in this 
4Section,
the tax imposed by this Act is at the rate of 6.25% of 
5the "selling price",
as defined in Section 2 of the Service Use 
6Tax Act, of the tangible
personal property. For the purpose of 
7computing this tax, in no event
shall the "selling price" be 
8less than the cost price to the serviceman of
the tangible 
9personal property transferred. The selling price of each item

10of tangible personal property transferred as an incident of a 
11sale of
service may be shown as a distinct and separate item on 
12the serviceman's
billing to the service customer. If the 
13selling price is not so shown, the
selling price of the 
14tangible personal property is deemed to be 50% of the

15serviceman's entire billing to the service customer. When, 
16however, a
serviceman contracts to design, develop, and produce 
17special order machinery or
equipment, the tax imposed by this 
18Act shall be based on the serviceman's
cost price of the 
19tangible personal property transferred incident to the

20completion of the contract.

21 Beginning on July 1, 2000 and through December 31, 2000, 
22with respect to
motor fuel, as defined in Section 1.1 of the 
23Motor Fuel Tax
Law, and gasohol, as defined in Section 3-40 of 
24the Use Tax Act, the tax is
imposed at
the rate of 1.25%.

25 With respect to gasohol, as defined in the Use Tax Act, the 
 
 
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1tax imposed
by this Act shall apply to (i) 70% of the cost 
2price of property
transferred as
an incident to the sale of 
3service on or after January 1, 1990, and before
July 1, 2003, 
4(ii) 80% of the selling price of property transferred as an

5incident to the sale of service on or after July
1, 2003 and on 
6or before July 1, 2017, and (iii) 100%
of
the cost price

7thereafter.
If, at any time, however, the tax under this Act on 
8sales of gasohol, as
defined in
the Use Tax Act, is imposed at 
9the rate of 1.25%, then the
tax imposed by this Act applies to 
10100% of the proceeds of sales of gasohol
made during that time.

11 With respect to majority blended ethanol fuel, as defined 
12in the Use Tax Act,
the
tax
imposed by this Act does not apply 
13to the selling price of property transferred
as an incident to 
14the sale of service on or after July 1, 2003 and on or before

15December 31, 2023 but applies to 100% of the selling price 
16thereafter.

17 With respect to biodiesel blends, as defined in the Use Tax 
18Act, with no less
than 1% and no
more than 10% biodiesel, the 
19tax imposed by this Act
applies to (i) 80% of the selling price 
20of property transferred as an incident
to the sale of service 
21on or after July 1, 2003 and on or before December 31, 2018
and 
22(ii) 100% of the proceeds of the selling price
thereafter.
If, 
23at any time, however, the tax under this Act on sales of 
24biodiesel blends,
as
defined in the Use Tax Act, with no less 
25than 1% and no more than 10% biodiesel
is imposed at the rate 
26of 1.25%, then the
tax imposed by this Act applies to 100% of 
 
 
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1the proceeds of sales of biodiesel
blends with no less than 1% 
2and no more than 10% biodiesel
made
during that time.

3 With respect to 100% biodiesel, as defined in the Use Tax 
4Act, and biodiesel
blends, as defined in the Use Tax Act, with

5more than 10% but no more than 99% biodiesel material, the tax 
6imposed by this
Act
does not apply to the proceeds of the 
7selling price of property transferred
as an incident to the 
8sale of service on or after July 1, 2003 and on or before

9December 31, 2023 but applies to 100% of the selling price 
10thereafter.

11 At the election of any registered serviceman made for each 
12fiscal year,
sales of service in which the aggregate annual 
13cost price of tangible
personal property transferred as an 
14incident to the sales of service is
less than 35%, or 75% in 
15the case of servicemen transferring prescription
drugs or 
16servicemen engaged in graphic arts production, of the aggregate

17annual total gross receipts from all sales of service, the tax 
18imposed by
this Act shall be based on the serviceman's cost 
19price of the tangible
personal property transferred incident to 
20the sale of those services.

21 The tax shall be imposed at the rate of 1% on food prepared 
22for
immediate consumption and transferred incident to a sale of 
23service subject
to this Act or the Service Occupation Tax Act 
24by an entity licensed under
the Hospital Licensing Act, the 
25Nursing Home Care Act, the ID/DD Community Care Act, the MC/DD 
26Act, the Specialized Mental Health Rehabilitation Act of 2013, 
 
 
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1or the
Child Care Act of 1969. The tax shall
also be imposed at 
2the rate of 1% on food for human consumption that is
to be 
3consumed off the
premises where it is sold (other than 
4alcoholic beverages, food consisting of or infused with adult 
5use cannabis, soft drinks, and
food that has been prepared for 
6immediate consumption and is not
otherwise included in this 
7paragraph) and prescription and
nonprescription medicines, 
8drugs, medical appliances, products classified as Class III 
9medical devices by the United States Food and Drug 
10Administration that are used for cancer treatment pursuant to a 
11prescription, as well as any accessories and components related 
12to those devices, modifications to a motor
vehicle for the 
13purpose of rendering it usable by a person with a disability, 
14and
insulin, urine testing materials, syringes, and needles 
15used by diabetics, for
human use. For the purposes of this 
16Section, until September 1, 2009: the term "soft drinks" means 
17any
complete, finished, ready-to-use, non-alcoholic drink, 
18whether carbonated or
not, including but not limited to soda 
19water, cola, fruit juice, vegetable
juice, carbonated water, 
20and all other preparations commonly known as soft
drinks of 
21whatever kind or description that are contained in any closed 
22or
sealed can, carton, or container, regardless of size; but 
23"soft drinks" does not
include coffee, tea, non-carbonated 
24water, infant formula, milk or milk
products as defined in the 
25Grade A Pasteurized Milk and Milk Products Act, or
drinks 
26containing 50% or more natural fruit or vegetable juice.

 
 
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1 Notwithstanding any other provisions of this
Act, 
2beginning September 1, 2009, "soft drinks" means non-alcoholic 
3beverages that contain natural or artificial sweeteners. "Soft 
4drinks" do not include beverages that contain milk or milk 
5products, soy, rice or similar milk substitutes, or greater 
6than 50% of vegetable or fruit juice by volume.
7 Until August 1, 2009, and notwithstanding any other 
8provisions of this Act, "food for human consumption
that is to 
9be consumed off the premises where it is sold" includes all 
10food
sold through a vending machine, except soft drinks and 
11food products that are
dispensed hot from a vending machine, 
12regardless of the location of the vending
machine. Beginning 
13August 1, 2009, and notwithstanding any other provisions of 
14this Act, "food for human consumption that is to be consumed 
15off the premises where it is sold" includes all food sold 
16through a vending machine, except soft drinks, candy, and food 
17products that are dispensed hot from a vending machine, 
18regardless of the location of the vending machine. 

19 Notwithstanding any other provisions of this
Act, 
20beginning September 1, 2009, "food for human consumption that 
21is to be consumed off the premises where
it is sold" does not 
22include candy. For purposes of this Section, "candy" means a 
23preparation of sugar, honey, or other natural or artificial 
24sweeteners in combination with chocolate, fruits, nuts or other 
25ingredients or flavorings in the form of bars, drops, or 
26pieces. "Candy" does not include any preparation that contains 
 
 
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1flour or requires refrigeration. 
2 Notwithstanding any other provisions of this
Act, 
3beginning September 1, 2009, "nonprescription medicines and 
4drugs" does not include grooming and hygiene products. For 
5purposes of this Section, "grooming and hygiene products" 
6includes, but is not limited to, soaps and cleaning solutions, 
7shampoo, toothpaste, mouthwash, antiperspirants, and sun tan 
8lotions and screens, unless those products are available by 
9prescription only, regardless of whether the products meet the 
10definition of "over-the-counter-drugs". For the purposes of 
11this paragraph, "over-the-counter-drug" means a drug for human 
12use that contains a label that identifies the product as a drug 
13as required by 21 C.F.R. § 201.66. The "over-the-counter-drug" 
14label includes: 
15  (A) A "Drug Facts" panel; or
16  (B) A statement of the "active ingredient(s)" with a 
17 list of those ingredients contained in the compound, 
18 substance or preparation.
19 Beginning on January 1, 2014 (the effective date of Public 
20Act 98-122), "prescription and nonprescription medicines and 
21drugs" includes medical cannabis purchased from a registered 
22dispensing organization under the Compassionate Use of Medical 
23Cannabis Program Act. 
24 As used in this Section, "adult use cannabis" means 
25cannabis subject to tax under the Cannabis Cultivation 
26Privilege Tax Law and the Cannabis Purchaser Excise Tax Law and 
 
 
10100SB1557ham001- 70 -LRB101 08168 WGH 64593 a


1does not include cannabis subject to tax under the 
2Compassionate Use of Medical Cannabis Program Act. 
3(Source: P.A. 100-22, eff. 7-6-17; 101-363, eff. 8-9-19.)

4 Section 9. The Retailers' Occupation Tax Act is amended by 
5changing Section 2-10 as follows:



6 (35 ILCS 120/2-10)


7 Sec. 2-10. Rate of tax. Unless otherwise provided in this 
8Section,
the tax imposed by this Act is at the rate of 6.25% of 
9gross receipts
from sales of tangible personal property made in 
10the course of business.

11 Beginning on July 1, 2000 and through December 31, 2000, 
12with respect to
motor fuel, as defined in Section 1.1 of the 
13Motor Fuel Tax
Law, and gasohol, as defined in Section 3-40 of 
14the Use Tax Act, the tax is
imposed at the rate of 1.25%.

15 Beginning on August 6, 2010 through August 15, 2010, with 
16respect to sales tax holiday items as defined in Section 2-8 of 
17this Act, the
tax is imposed at the rate of 1.25%. 
18 Within 14 days after the effective date of this amendatory 
19Act of the 91st
General Assembly, each retailer of motor fuel 
20and gasohol shall cause the
following notice to be posted in a 
21prominently visible place on each retail
dispensing device that 
22is used to dispense motor
fuel or gasohol in the State of 
23Illinois: "As of July 1, 2000, the State of
Illinois has 
24eliminated the State's share of sales tax on motor fuel and

 
 
10100SB1557ham001- 71 -LRB101 08168 WGH 64593 a


1gasohol through December 31, 2000. The price on this pump 
2should reflect the
elimination of the tax." The notice shall be 
3printed in bold print on a sign
that is no smaller than 4 
4inches by 8 inches. The sign shall be clearly
visible to 
5customers. Any retailer who fails to post or maintain a 
6required
sign through December 31, 2000 is guilty of a petty 
7offense for which the fine
shall be $500 per day per each 
8retail premises where a violation occurs.

9 With respect to gasohol, as defined in the Use Tax Act, the 
10tax imposed
by this Act applies to (i) 70% of the proceeds of 
11sales made on or after
January 1, 1990, and before July 1, 
122003, (ii) 80% of the proceeds of
sales made on or after July 
131, 2003 and on or before July 1, 2017, and (iii) 100% of the 
14proceeds of sales
made thereafter.
If, at any time, however, 
15the tax under this Act on sales of gasohol, as
defined in
the 
16Use Tax Act, is imposed at the rate of 1.25%, then the
tax 
17imposed by this Act applies to 100% of the proceeds of sales of 
18gasohol
made during that time.

19 With respect to majority blended ethanol fuel, as defined 
20in the Use Tax Act,
the
tax
imposed by this Act does not apply 
21to the proceeds of sales made on or after
July 1, 2003 and on or 
22before December 31, 2023 but applies to 100% of the
proceeds of 
23sales made thereafter.

24 With respect to biodiesel blends, as defined in the Use Tax 
25Act, with no less
than 1% and no
more than 10% biodiesel, the 
26tax imposed by this Act
applies to (i) 80% of the proceeds of 
 
 
10100SB1557ham001- 72 -LRB101 08168 WGH 64593 a


1sales made on or after July 1, 2003
and on or before December 
231, 2018 and (ii) 100% of the
proceeds of sales made 
3thereafter.
If, at any time, however, the tax under this Act on 
4sales of biodiesel blends,
as
defined in the Use Tax Act, with 
5no less than 1% and no more than 10% biodiesel
is imposed at 
6the rate of 1.25%, then the
tax imposed by this Act applies to 
7100% of the proceeds of sales of biodiesel
blends with no less 
8than 1% and no more than 10% biodiesel
made
during that time.

9 With respect to 100% biodiesel, as defined in the Use Tax 
10Act, and biodiesel
blends, as defined in the Use Tax Act, with

11more than 10% but no more than 99% biodiesel, the tax imposed 
12by this Act
does not apply to the proceeds of sales made on or 
13after July 1, 2003
and on or before December 31, 2023 but 
14applies to 100% of the
proceeds of sales made thereafter.

15 With respect to food for human consumption that is to be 
16consumed off the
premises where it is sold (other than 
17alcoholic beverages, food consisting of or infused with adult 
18use cannabis, soft drinks, and
food that has been prepared for 
19immediate consumption) and prescription and
nonprescription 
20medicines, drugs, medical appliances, products classified as 
21Class III medical devices by the United States Food and Drug 
22Administration that are used for cancer treatment pursuant to a 
23prescription, as well as any accessories and components related 
24to those devices, modifications to a motor
vehicle for the 
25purpose of rendering it usable by a person with a disability, 
26and
insulin, urine testing materials, syringes, and needles 
 
 
10100SB1557ham001- 73 -LRB101 08168 WGH 64593 a


1used by diabetics, for
human use, the tax is imposed at the 
2rate of 1%. For the purposes of this
Section, until September 
31, 2009: the term "soft drinks" means any complete, finished, 
4ready-to-use,
non-alcoholic drink, whether carbonated or not, 
5including but not limited to
soda water, cola, fruit juice, 
6vegetable juice, carbonated water, and all other
preparations 
7commonly known as soft drinks of whatever kind or description 
8that
are contained in any closed or sealed bottle, can, carton, 
9or container,
regardless of size; but "soft drinks" does not 
10include coffee, tea, non-carbonated
water, infant formula, 
11milk or milk products as defined in the Grade A
Pasteurized 
12Milk and Milk Products Act, or drinks containing 50% or more

13natural fruit or vegetable juice.

14 Notwithstanding any other provisions of this
Act, 
15beginning September 1, 2009, "soft drinks" means non-alcoholic 
16beverages that contain natural or artificial sweeteners. "Soft 
17drinks" do not include beverages that contain milk or milk 
18products, soy, rice or similar milk substitutes, or greater 
19than 50% of vegetable or fruit juice by volume.
20 Until August 1, 2009, and notwithstanding any other 
21provisions of this
Act, "food for human consumption that is to 
22be consumed off the premises where
it is sold" includes all 
23food sold through a vending machine, except soft
drinks and 
24food products that are dispensed hot from a vending machine,

25regardless of the location of the vending machine. Beginning 
26August 1, 2009, and notwithstanding any other provisions of 
 
 
10100SB1557ham001- 74 -LRB101 08168 WGH 64593 a


1this Act, "food for human consumption that is to be consumed 
2off the premises where it is sold" includes all food sold 
3through a vending machine, except soft drinks, candy, and food 
4products that are dispensed hot from a vending machine, 
5regardless of the location of the vending machine. 

6 Notwithstanding any other provisions of this
Act, 
7beginning September 1, 2009, "food for human consumption that 
8is to be consumed off the premises where
it is sold" does not 
9include candy. For purposes of this Section, "candy" means a 
10preparation of sugar, honey, or other natural or artificial 
11sweeteners in combination with chocolate, fruits, nuts or other 
12ingredients or flavorings in the form of bars, drops, or 
13pieces. "Candy" does not include any preparation that contains 
14flour or requires refrigeration. 
15 Notwithstanding any other provisions of this
Act, 
16beginning September 1, 2009, "nonprescription medicines and 
17drugs" does not include grooming and hygiene products. For 
18purposes of this Section, "grooming and hygiene products" 
19includes, but is not limited to, soaps and cleaning solutions, 
20shampoo, toothpaste, mouthwash, antiperspirants, and sun tan 
21lotions and screens, unless those products are available by 
22prescription only, regardless of whether the products meet the 
23definition of "over-the-counter-drugs". For the purposes of 
24this paragraph, "over-the-counter-drug" means a drug for human 
25use that contains a label that identifies the product as a drug 
26as required by 21 C.F.R. § 201.66. The "over-the-counter-drug" 
 
 
10100SB1557ham001- 75 -LRB101 08168 WGH 64593 a


1label includes: 
2  (A) A "Drug Facts" panel; or
3  (B) A statement of the "active ingredient(s)" with a 
4 list of those ingredients contained in the compound, 
5 substance or preparation.

6 Beginning on the effective date of this amendatory Act of 
7the 98th General Assembly, "prescription and nonprescription 
8medicines and drugs" includes medical cannabis purchased from a 
9registered dispensing organization under the Compassionate Use 
10of Medical Cannabis Program Act. 
11 As used in this Section, "adult use cannabis" means 
12cannabis subject to tax under the Cannabis Cultivation 
13Privilege Tax Law and the Cannabis Purchaser Excise Tax Law and 
14does not include cannabis subject to tax under the 
15Compassionate Use of Medical Cannabis Program Act. 
16(Source: P.A. 100-22, eff. 7-6-17; 101-363, eff. 8-9-19.)


17 Section 10. The Tobacco Products Tax Act of 1995 is amended 
18by changing Section 10-5 as follows:



19 (35 ILCS 143/10-5)



20 Sec. 10-5. Definitions. For purposes of this Act:

21 "Business" means any trade, occupation, activity, or 
22enterprise engaged
in, at any location whatsoever, for the 
23purpose of selling tobacco products.

24 "Cigarette" has the meaning ascribed to the term in Section 
 
 
10100SB1557ham001- 76 -LRB101 08168 WGH 64593 a


11 of the
Cigarette Tax Act.

2 "Contraband little cigar" means: 
3  (1) packages of little cigars containing 20 or 25 
4 little cigars that do not bear a required tax stamp under 
5 this Act; 
6  (2) packages of little cigars containing 20 or 25 
7 little cigars that bear a fraudulent, imitation, or 
8 counterfeit tax stamp; 
9  (3) packages of little cigars containing 20 or 25 
10 little cigars that are improperly tax stamped, including 
11 packages of little cigars that bear only a tax stamp of 
12 another state or taxing jurisdiction; or 
13  (4) packages of little cigars containing other than 20 
14 or 25 little cigars in the possession of a distributor, 
15 retailer or wholesaler, unless the distributor, retailer, 
16 or wholesaler possesses, or produces within the time frame 
17 provided in Section 10-27 or 10-28 of this Act, an invoice 
18 from a stamping distributor, distributor, or wholesaler 
19 showing that the tax on the packages has been or will be 
20 paid. 
21 "Correctional Industries program" means a program run by a 
22State penal
institution in which residents of the penal 
23institution produce tobacco
products for sale to persons 
24incarcerated in penal institutions or resident
patients of a 
25State operated mental health facility.

26 "Department" means the Illinois Department of Revenue.

 
 
10100SB1557ham001- 77 -LRB101 08168 WGH 64593 a


1 "Distributor" means any of the following:

2  (1) Any manufacturer or wholesaler in this State 
3 engaged in the business
of selling tobacco products who 
4 sells, exchanges, or distributes tobacco
products to 
5 retailers or consumers in this State.

6  (2) Any manufacturer or wholesaler engaged
in
the 
7 business of selling tobacco products from without this 
8 State who sells,
exchanges, distributes,
ships, or 
9 transports tobacco products to retailers or consumers 
10 located in
this State,
so long as that manufacturer or 
11 wholesaler has or maintains within this State,
directly or 
12 by subsidiary, an office, sales house, or other place of 
13 business,
or any agent or other representative operating 
14 within this State under the
authority of the person or 
15 subsidiary, irrespective of whether the place of
business 
16 or agent or other representative is located here 
17 permanently or
temporarily.

18  (3) Any retailer who receives tobacco products on which 
19 the tax has not
been or
will not be paid by another 
20 distributor.

21 "Distributor" does not include any person, wherever 
22resident or located, who
makes, manufactures, or fabricates 
23tobacco products as part of a Correctional
Industries program 
24for sale to residents incarcerated in penal institutions or

25resident patients of a State operated mental health facility.

26 "Electronic cigarette" means:
 
 
10100SB1557ham001- 78 -LRB101 08168 WGH 64593 a


1  (1) any device that employs a battery or other 
2 mechanism to
heat a solution or substance to produce a 
3 vapor or aerosol
intended for inhalation;
4  (2) any cartridge or container of a solution or 
5 substance
intended to be used with or in the device or to 
6 refill the
device; or
7  (3) any solution or substance, whether or not it 
8 contains
nicotine, intended for use in the device.
9 "Electronic cigarette"
includes, but is not limited to, any 
10electronic nicotine
delivery system, electronic cigar, 
11electronic cigarillo,
electronic pipe, electronic hookah, vape 
12pen, or similar product
or device, and any component or part 
13that can be used to build
the product or device. "Electronic 
14cigarette" does not include:
cigarettes, as defined in Section 
151 of the Cigarette Tax Act; any
product approved by the United 
16States Food and Drug
Administration for sale as a tobacco 
17cessation product, a
tobacco dependence product, or for other 
18medical purposes that
is marketed and sold solely for that 
19approved purpose; any
asthma inhaler prescribed by a physician 
20for that condition that is marketed and sold solely for that 
21approved purpose; or
any therapeutic product approved for use 
22under the Compassionate
Use of Medical Cannabis Pilot Program 
23Act. 
24 "Little cigar" means and includes any roll, made wholly or 
25in part of tobacco, where such roll has an integrated cellulose 
26acetate filter and weighs less than 4 pounds per thousand and 
 
 
10100SB1557ham001- 79 -LRB101 08168 WGH 64593 a


1the wrapper or cover of which is made in whole or in part of 
2tobacco. 
3 "Manufacturer" means any person, wherever resident or 
4located, who
manufactures and sells tobacco products, except a 
5person who makes,
manufactures, or fabricates tobacco products 
6as a part of a Correctional
Industries program for sale to 
7persons incarcerated in penal institutions or
resident 
8patients of a State operated mental health facility.

9 Beginning on January 1, 2013, "moist snuff" means any 
10finely cut, ground, or powdered tobacco that is not intended to 
11be smoked, but shall not include any finely cut, ground, or 
12powdered tobacco that is intended to be placed in the nasal 
13cavity. 
14 "Person" means any natural individual, firm, partnership, 
15association, joint
stock company, joint venture, limited 
16liability company, or public or private
corporation, however 
17formed, or a receiver, executor, administrator, trustee,

18conservator, or other representative appointed by order of any 
19court.

20 "Place of business" means and includes any place where 
21tobacco products
are sold or where tobacco products are 
22manufactured, stored, or kept for
the purpose of sale or 
23consumption, including any vessel, vehicle, airplane,
train, 
24or vending machine.

25 "Retailer" means any person in this State engaged in the 
26business of selling
tobacco products to consumers in this 
 
 
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1State, regardless of quantity or number
of sales.

2 "Sale" means any transfer, exchange, or barter in any 
3manner or by any means
whatsoever for a consideration and 
4includes all sales made by
persons.

5 "Stamp" or "stamps" mean the indicia required to be affixed 
6on a package of little cigars that evidence payment of the tax 
7on packages of little cigars containing 20 or 25 little cigars 
8under Section 10-10 of this Act. These stamps shall be the same 
9stamps used for cigarettes under the Cigarette Tax Act. 
10 "Stamping distributor" means a distributor licensed under 
11this Act and also licensed as a distributor under the Cigarette 
12Tax Act or Cigarette Use Tax Act. 
13 "Tobacco products" means any cigars, including little 
14cigars; cheroots; stogies; periques; granulated,
plug cut, 
15crimp cut, ready rubbed, and other smoking tobacco; snuff 
16(including moist snuff) or snuff
flour; cavendish; plug and 
17twist tobacco; fine-cut and other chewing tobaccos;
shorts; 
18refuse scraps, clippings, cuttings, and sweeping of tobacco; 
19and
other kinds and forms of tobacco, prepared in such manner 
20as to be suitable for
chewing or smoking in a pipe or 
21otherwise, or both for chewing and smoking; but
does not 
22include cigarettes as defined in Section 1 of the Cigarette Tax 
23Act or tobacco purchased for the manufacture of
cigarettes by 
24cigarette distributors and manufacturers defined in the

25Cigarette Tax Act and persons who make, manufacture, or 
26fabricate
cigarettes as a part of a Correctional Industries 
 
 
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1program for sale to
residents incarcerated in penal 
2institutions or resident patients of a
State operated mental 
3health facility.

4 Beginning on July 1, 2019, "tobacco products" also includes

5electronic cigarettes. 
6 "Wholesale price" means the established list price for 
7which a manufacturer
sells tobacco products to a distributor, 
8before the allowance of any discount,
trade allowance, rebate, 
9or other reduction.
In the absence of such an established list 
10price, the manufacturer's invoice
price at which the 
11manufacturer sells the tobacco product to unaffiliated

12distributors, before any discounts, trade allowances, rebates, 
13or other
reductions, shall be presumed to be the wholesale 
14price.

15 "Wholesaler" means any person, wherever resident or 
16located, engaged in the
business of selling tobacco products to 
17others for the purpose of resale. "Wholesaler", when used in 
18this Act, does not include a person licensed as a distributor 
19under Section 10-20 of this Act unless expressly stated in this 
20Act. 

21(Source: P.A. 101-31, eff. 6-28-19.)


22 Section 15. The Counties Code is amended by changing 
23Section 5-1006.8 as follows:

24 (55 ILCS 5/5-1006.8)
 
 
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1 Sec. 5-1006.8. County Cannabis Retailers' Occupation Tax 
2Law.
3 (a) This Section may be referred to as the County Cannabis 
4Retailers' Occupation Tax Law. The On and after January 1, 
52020, the corporate authorities of any county may, by 
6ordinance, impose a tax upon all persons engaged in the 
7business of selling cannabis, other than cannabis purchased 
8under the Compassionate Use of Medical Cannabis Pilot Program 
9Act, at retail in the county on the gross receipts from these 
10sales made in the course of that business. If imposed, the tax 
11shall be imposed only in 0.25% increments. The tax rate may not 
12exceed: (i) 3.75% of the gross receipts of sales made in 
13unincorporated areas of the county; and (ii) 3% of the gross 
14receipts of sales made in a municipality located in the county. 
15The tax imposed under this Section and all civil penalties that 
16may be assessed as an incident of the tax shall be collected 
17and enforced by the Department of Revenue. The Department of 
18Revenue shall have full power to administer and enforce this 
19Section; to collect all taxes and penalties due hereunder; to 
20dispose of taxes and penalties so collected in the manner 
21hereinafter provided; and to determine all rights to credit 
22memoranda arising on account of the erroneous payment of tax or 
23penalty under this Section. In the administration of and 
24compliance with this Section, the Department of Revenue and 
25persons who are subject to this Section shall have the same 
26rights, remedies, privileges, immunities, powers and duties, 
 
 
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1and be subject to the same conditions, restrictions, 
2limitations, penalties, and definitions of terms, and employ 
3the same modes of procedure, as are described in Sections 1, 
41a, 1d, 1e, 1f, 1i, 1j, 1k, 1m, 1n, 2 through 2-65 (in respect 
5to all provisions therein other than the State rate of tax), 
62a, 2b, 2c, 2i, 3 (except as to the disposition of taxes and 
7penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 
85j, 5k, 5l, 6, 6a, 6bb, 6c, 6d, 7 8, 8, 9, 10, 11, 11a, 12, and 
913 of the Retailers' Occupation Tax Act and Section 3-7 of the 
10Uniform Penalty and Interest Act as fully as if those 
11provisions were set forth in this Section.
12 (b) Persons subject to any tax imposed under the authority 
13granted in this Section may reimburse themselves for their 
14seller's tax liability hereunder by separately stating that tax 
15as an additional charge, which charge may be stated in 
16combination, in a single amount, with any State tax that 
17sellers are required to collect.
18 (c) Whenever the Department of Revenue determines that a 
19refund should be made under this Section to a claimant instead 
20of issuing a credit memorandum, the Department of Revenue shall 
21notify the State Comptroller, who shall cause the order to be 
22drawn for the amount specified and to the person named in the 
23notification from the Department of Revenue.
24 (d) The Department of Revenue shall immediately pay over to 
25the State Treasurer, ex officio, as trustee, all taxes and 
26penalties collected hereunder for deposit into the Local 
 
 
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1Cannabis Retailers' Occupation Consumer Excise Tax Trust Fund.
2 (e) On or before the 25th day of each calendar month, the 
3Department of Revenue shall prepare and certify to the 
4Comptroller the amount of money to be disbursed from the Local 
5Cannabis Retailers' Occupation Consumer Excise Tax Trust Fund 
6to counties from which retailers have paid taxes or penalties 
7under this Section during the second preceding calendar month. 
8The amount to be paid to each county shall be the amount (not 
9including credit memoranda) collected under this Section from 
10sales made in the county during the second preceding calendar 
11month, plus an amount the Department of Revenue determines is 
12necessary to offset any amounts that were erroneously paid to a 
13different taxing body, and not including an amount equal to the 
14amount of refunds made during the second preceding calendar 
15month by the Department on behalf of such county, and not 
16including any amount that the Department determines is 
17necessary to offset any amounts that were payable to a 
18different taxing body but were erroneously paid to the county, 
19less 1.5% of the remainder, which the Department shall transfer 
20into the Tax Compliance and Administration Fund. The 
21Department, at the time of each monthly disbursement to the 
22counties, shall prepare and certify the State Comptroller the 
23amount to be transferred into the Tax Compliance and 
24Administration Fund under this Section. Within 10 days after 
25receipt by the Comptroller of the disbursement certification to 
26the counties and the Tax Compliance and Administration Fund 
 
 
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1provided for in this Section to be given to the Comptroller by 
2the Department, the Comptroller shall cause the orders to be 
3drawn for the respective amounts in accordance with the 
4directions contained in the certification.
5 (f) An ordinance or resolution imposing or discontinuing a 
6tax under this Section or effecting a change in the rate 
7thereof that is shall be adopted on or after June 25, 2019 (the 
8effective date of Public Act 101-27) and for which a certified 
9copy is thereof filed with the Department on or before April 1, 
102020 shall be administered and enforced by the Department 
11beginning on July 1, 2020. For ordinances filed with the 
12Department after April 1, 2020, an ordinance or resolution 
13imposing or discontinuing a tax under this Section or effecting 
14a change in the rate thereof shall either (i) be adopted and a 
15certified copy thereof filed with the Department on or before 
16the first day of April, whereupon the Department shall proceed 
17to administer and enforce this Section as of the first day of 
18July next following the adoption and filing; or (ii) be adopted 
19and a certified copy thereof filed with the Department on or 
20before the first day of October, whereupon the Department shall 
21proceed to administer and enforce this Section as of the first 
22day of January the first day of June, whereupon the Department 
23shall proceed to administer and enforce this Section as of the 
24first day of September next following the adoption and filing.

25(Source: P.A. 101-27, eff. 6-25-19; 101-363, eff. 8-9-19.)

 
 
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1 Section 20. The Illinois Municipal Code is amended by 
2changing and renumbering Section 8-11-22, as added by Public 
3Act 101-27, and by changing Section 8-11-6a as follows:




4 (65 ILCS 5/8-11-6a) (from Ch. 24, par. 8-11-6a)


5 Sec. 8-11-6a. Home rule municipalities; preemption of 
6certain taxes. Except
as provided in Sections 8-11-1, 8-11-5, 
78-11-6, 8-11-6b, 8-11-6c, 8-11-23 8-11-22, and 11-74.3-6 on and 
8after
September 1, 1990, no home rule municipality has the

9authority to impose, pursuant to its home rule authority, a 
10retailer's
occupation tax, service occupation tax, use tax, 
11sales tax or other
tax on the use, sale or purchase of tangible 
12personal property
based on the gross receipts from such sales 
13or the selling or purchase
price of said tangible personal 
14property. Notwithstanding the foregoing,
this Section does not 
15preempt any home rule imposed tax such as the
following: (1) a 
16tax on alcoholic beverages, whether based on gross receipts,

17volume sold or any other measurement; (2) a tax based on the 
18number of units
of cigarettes or tobacco products (provided, 
19however, that a home rule
municipality that has not imposed a 
20tax based on the number of units of
cigarettes or tobacco 
21products before July 1, 1993, shall not impose such a tax
after 
22that date); (3) a tax, however measured, based on
the use of a 
23hotel or motel room or similar facility; (4) a tax, however

24measured, on the sale or transfer of real property; (5) a tax, 
25however
measured, on lease receipts; (6) a tax on food prepared 
 
 
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1for immediate
consumption and on alcoholic beverages sold by a 
2business which provides
for on premise consumption of said food 
3or alcoholic beverages; or (7)
other taxes not based on the 
4selling or purchase price or gross receipts
from the use, sale 
5or purchase of tangible personal property. This Section does 
6not preempt a home rule municipality with a population of more 
7than 2,000,000 from imposing a tax, however measured, on the 
8use, for consideration, of a parking lot, garage, or other 
9parking facility. This Section
is not intended to affect any 
10existing tax on food and beverages prepared
for immediate 
11consumption on the premises where the sale occurs, or any

12existing tax on alcoholic beverages, or any existing tax 
13imposed on the
charge for renting a hotel or motel room, which 
14was in effect January 15,
1988, or any extension of the 
15effective date of such an existing tax by
ordinance of the 
16municipality imposing the tax, which extension is hereby

17authorized, in any non-home rule municipality in which the 
18imposition of
such a tax has been upheld by judicial 
19determination, nor is this Section
intended to preempt the 
20authority granted by Public Act 85-1006. On and after December 
211, 2019, no home rule municipality has the authority to impose, 
22pursuant to its home rule authority, a tax, however measured, 
23on sales of aviation fuel, as defined in Section 3 of the 
24Retailers' Occupation Tax Act, unless the tax is not subject to 
25the revenue use requirements of 49 U.S.C. 47107(b) 47017(b) and 
2649 U.S.C. 47133, or unless the tax revenue is expended for 
 
 
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1airport-related purposes. For purposes of this Section, 
2"airport-related purposes" has the meaning ascribed in Section 
36z-20.2 of the State Finance Act. Aviation fuel shall be 
4excluded from tax only if, and for so long as, the revenue use 
5requirements of 49 U.S.C. 47107(b) 47017(b) and 49 U.S.C. 47133 
6are binding on the municipality. This
Section is a limitation, 
7pursuant to subsection (g) of Section 6 of Article
VII of the 
8Illinois Constitution, on the power of home rule units to tax. 
9The changes made to this Section by Public Act 101-10 this 
10amendatory Act of the 101st General Assembly are a denial and 
11limitation of home rule powers and functions under subsection 
12(g) of Section 6 of Article VII of the Illinois Constitution. 

13(Source: P.A. 101-10, eff. 6-5-19; 101-27, eff. 6-25-19; 
14revised 8-19-19.)


15 (65 ILCS 5/8-11-23)
16 Sec. 8-11-23 8-11-22. Municipal Cannabis Retailers' 
17Occupation Tax Law.
18 (a) This Section may be referred to as the Municipal 
19Cannabis Retailers' Occupation Tax Law. The On and after 
20January 1, 2020, the corporate authorities of any municipality 
21may, by ordinance, impose a tax upon all persons engaged in the 
22business of selling cannabis, other than cannabis purchased 
23under the Compassionate Use of Medical Cannabis Pilot Program 
24Act, at retail in the municipality on the gross receipts from 
25these sales made in the course of that business. If imposed, 
 
 
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1the tax may not exceed 3% of the gross receipts from these 
2sales and shall only be imposed in 1/4% increments. The tax 
3imposed under this Section and all civil penalties that may be 
4assessed as an incident of the tax shall be collected and 
5enforced by the Department of Revenue. The Department of 
6Revenue shall have full power to administer and enforce this 
7Section; to collect all taxes and penalties due hereunder; to 
8dispose of taxes and penalties so collected in the manner 
9hereinafter provided; and to determine all rights to credit 
10memoranda arising on account of the erroneous payment of tax or 
11penalty under this Section. In the administration of and 
12compliance with this Section, the Department and persons who 
13are subject to this Section shall have the same rights, 
14remedies, privileges, immunities, powers and duties, and be 
15subject to the same conditions, restrictions, limitations, 
16penalties and definitions of terms, and employ the same modes 
17of procedure, as are prescribed in Sections 1, 1a, 1d, 1e, 1f, 
181i, 1j, 1k, 1m, 1n, 2 through 2-65 (in respect to all 
19provisions therein other than the State rate of tax), 2a, 2b, 
202c, 2i, 3 (except as to the disposition of taxes and penalties 
21collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 
225l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 11a, 12, and 13 of the 
23Retailers' Occupation Tax Act and Section 3-7 of the Uniform 
24Penalty and Interest Act, as fully as if those provisions were 
25set forth herein.
26 (b) Persons subject to any tax imposed under the authority 
 
 
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1granted in this Section may reimburse themselves for their 
2seller's tax liability hereunder by separately stating that tax 
3as an additional charge, which charge may be stated in 
4combination, in a single amount, with any State tax that 
5sellers are required to collect.
6 (c) Whenever the Department of Revenue determines that a 
7refund should be made under this Section to a claimant instead 
8of issuing a credit memorandum, the Department of Revenue shall 
9notify the State Comptroller, who shall cause the order to be 
10drawn for the amount specified and to the person named in the 
11notification from the Department of Revenue.
12 (d) The Department of Revenue shall immediately pay over to 
13the State Treasurer, ex officio, as trustee, all taxes and 
14penalties collected hereunder for deposit into the Local 
15Cannabis Retailers' Occupation Tax Trust Regulation Fund.
16 (e) On or before the 25th day of each calendar month, the 
17Department of Revenue shall prepare and certify to the 
18Comptroller the amount of money to be disbursed from the Local 
19Cannabis Retailers' Occupation Consumer Excise Tax Trust Fund 
20to municipalities from which retailers have paid taxes or 
21penalties under this Section during the second preceding 
22calendar month. The amount to be paid to each municipality 
23shall be the amount (not including credit memoranda) collected 
24under this Section from sales made in the municipality during 
25the second preceding calendar month, plus an amount the 
26Department of Revenue determines is necessary to offset any 
 
 
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1amounts that were erroneously paid to a different taxing body, 
2and not including an amount equal to the amount of refunds made 
3during the second preceding calendar month by the Department on 
4behalf of such municipality, and not including any amount that 
5the Department determines is necessary to offset any amounts 
6that were payable to a different taxing body but were 
7erroneously paid to the municipality, less 1.5% of the 
8remainder, which the Department shall transfer into the Tax 
9Compliance and Administration Fund. The Department, at the time 
10of each monthly disbursement to the municipalities, shall 
11prepare and certify to the State Comptroller the amount to be 
12transferred into the Tax Compliance and Administration Fund 
13under this Section. Within 10 days after receipt by the 
14Comptroller of the disbursement certification to the 
15municipalities and the Tax Compliance and Administration Fund 
16provided for in this Section to be given to the Comptroller by 
17the Department, the Comptroller shall cause the orders to be 
18drawn for the respective amounts in accordance with the 
19directions contained in the certification.
20 (f) An ordinance or resolution imposing or discontinuing a 
21tax under this Section or effecting a change in the rate 
22thereof that is shall be adopted on or after June 25, 2019 (the 
23effective date of Public Act 101-27) and for which a certified 
24copy is thereof filed with the Department on or before April 1, 
252020 shall be administered and enforced by the Department 
26beginning on July 1, 2020. For ordinances filed with the 
 
 
10100SB1557ham001- 92 -LRB101 08168 WGH 64593 a


1Department after April 1, 2020, an ordinance or resolution 
2imposing or discontinuing a tax under this Section or effecting 
3a change in the rate thereof shall either (i) be adopted and a 
4certified copy thereof filed with the Department on or before 
5the first day of April, whereupon the Department shall proceed 
6to administer and enforce this Section as of the first day of 
7July next following the adoption and filing; or (ii) be adopted 
8and a certified copy thereof filed with the Department on or 
9before the first day of October, whereupon the Department shall 
10proceed to administer and enforce this Section as of the first 
11day of January the first day of June, whereupon the Department 
12shall proceed to administer and enforce this Section as of the 
13first day of September next following the adoption and filing.

14(Source: P.A. 101-27, eff. 6-25-19; revised 9-17-19.)

15 Section 21. The Savings Bank Act is amended by changing 
16Section 9002 as follows:



17 (205 ILCS 205/9002) (from Ch. 17, par. 7309-2)



18 Sec. 9002. Powers of Secretary. 
19 (a) The Secretary shall have the following
powers and 
20duties:

21  (1) To exercise the rights, powers, and duties set 
22 forth in
this Act or in any related Act.

23  (2) To establish regulations as may be reasonable or

24 necessary to accomplish the purposes of this Act.

 
 
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1  (3) To make an annual report regarding the work of his 
2 or her
office under this Act as he may consider desirable 
3 to the
Governor, or as the Governor may request.

4  (4) To cause a suit to be filed in his or her name to 
5 enforce
any law of this State that applies to savings 
6 banks, their service
corporations, subsidiaries, 
7 affiliates, or holding companies
operating under this Act, 
8 including the enforcement of any
obligation of the 
9 officers, directors, agents, or employees of any
savings 
10 bank.

11  (5) To prescribe a uniform manner in which the books 
12 and
records of every savings bank are to be maintained.

13  (6) To establish a reasonable fee
structure for savings 
14 banks and holding companies operating under
this Act and 
15 for their service corporations and subsidiaries.
The fees 
16 shall include, but not be limited to, annual fees,

17 application fees, regular and special examination fees, 
18 and other
fees as the Secretary establishes and 
19 demonstrates to be
directly resultant from the Secretary's 
20 responsibilities under
this Act and as are directly 
21 attributable to individual entities
operating under this 
22 Act. The aggregate of all moneys collected by
the Secretary 
23 on and after the effective date of this Act shall
be paid 
24 promptly after receipt of the same, accompanied by a

25 detailed statement thereof, into the Savings Bank 
26 Regulatory Fund established under Section 9002.1 of this 
 
 
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1 Act. Nothing
in this Act shall prevent continuing the 
2 practice of paying expenses involving
salaries, 
3 retirement, social security, and State-paid insurance of 
4 State
officers by appropriation from the General Revenue 
5 Fund. The Secretary may require payment of the fees under 
6 this Act by an electronic transfer of funds or an automatic 
7 debit of an account of each of the savings banks. 

8 (b) Notwithstanding the provisions of subsection (a), the 
9Secretary shall not:
10  (1) issue an order against a savings bank or holding 
11 company organized under this Act for unsafe or unsound 
12 banking practices solely because the entity provides or has 
13 provided financial services to a cannabis-related 
14 legitimate business;
15  (2) prohibit, penalize, or otherwise discourage a 
16 savings bank or holding company organized under this Act 
17 from providing financial services to a cannabis-related 
18 legitimate business solely because the entity provides or 
19 has provided financial services to a cannabis-related 
20 legitimate business;
21  (3) recommend, incentivize, or encourage a savings 
22 bank or holding company organized under this Act not to 
23 offer financial services to an account holder or to 
24 downgrade or cancel the financial services offered to an 
25 account holder solely because:
26   (A) the account holder is a manufacturer or 
 
 
10100SB1557ham001- 95 -LRB101 08168 WGH 64593 a


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


20 Section 23. The Smoke Free Illinois Act is amended by 
21changing Section 35 as follows:

22 (410 ILCS 82/35)
23 Sec. 35. Exemptions. Notwithstanding any other provision 
24of this Act, smoking is allowed in the following areas:
 
 
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1  (1) Private residences or dwelling places, except when 
2 used as a child care, adult day care, or healthcare 
3 facility or any other home-based business open to the 
4 public.
5  (2) Retail tobacco stores as defined in Section 10 of 
6 this Act in operation prior to the effective date of this 
7 amendatory Act of the 95th General Assembly. The retail 
8 tobacco store shall annually file with the Department by 
9 January 31st an affidavit stating the percentage of its 
10 gross income during the prior calendar year that was 
11 derived from the sale of loose tobacco, plants, or herbs 
12 and cigars, cigarettes, pipes, or other smoking devices for 
13 smoking tobacco and related smoking accessories. Any 
14 retail tobacco store that begins operation after the 
15 effective date of this amendatory Act may only qualify for 
16 an exemption if located in a freestanding structure 
17 occupied solely by the business and smoke from the business 
18 does not migrate into an enclosed area where smoking is 
19 prohibited. A retail tobacco store may, with authorization 
20 or permission from a unit of local government, including a 
21 home rule unit, or any non-home rule county within the 
22 unincorporated territory of the county, allow the 
23 on-premises consumption of cannabis in a specially 
24 designated areas.
25  (3) (Blank).
26  (4) Hotel and motel sleeping rooms that are rented to 
 
 
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1 guests and are designated as smoking rooms, provided that 
2 all smoking rooms on the same floor must be contiguous and 
3 smoke from these rooms must not infiltrate into nonsmoking 
4 rooms or other areas where smoking is prohibited. Not more 
5 than 25% of the rooms rented to guests in a hotel or motel 
6 may be designated as rooms where smoking is allowed. The 
7 status of rooms as smoking or nonsmoking may not be 
8 changed, except to permanently add additional nonsmoking 
9 rooms.
10  (5) Enclosed laboratories that are excluded from the 
11 definition of "place of employment" in Section 10 of this 
12 Act. Rulemaking authority to implement this amendatory Act 
13 of the 95th General Assembly, if any, is conditioned on the 
14 rules being adopted in accordance with all provisions of 
15 the Illinois Administrative Procedure Act and all rules and 
16 procedures of the Joint Committee on Administrative Rules; 
17 any purported rule not so adopted, for whatever reason, is 
18 unauthorized.
19  (6) Common smoking rooms in long-term care facilities

20 operated under the authority of the Illinois Department of

21 Veterans' Affairs or licensed under the Nursing Home Care 
22 Act that are accessible only to residents who
are smokers 
23 and have requested in writing to have access to
the common 
24 smoking room where smoking is permitted and the
smoke shall 
25 not infiltrate other areas of the long-term care facility. 
26 Rulemaking authority to implement this amendatory Act of 
 
 
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1 the 95th General Assembly, if any, is conditioned on the 
2 rules being adopted in accordance with all provisions of 
3 the Illinois Administrative Procedure Act and all rules and 
4 procedures of the Joint Committee on Administrative Rules; 
5 any purported rule not so adopted, for whatever reason, is 
6 unauthorized.
7  (7) A convention hall of the Donald E. Stephens 
8 Convention Center where a meeting or trade show for

9 manufacturers and suppliers of tobacco and tobacco

10 products and accessories is being held, during the time the

11 meeting or trade show is occurring, if the meeting or trade

12 show:
13   (i) is a trade-only event and not open to the

14 public;
15   (ii) is limited to attendees and exhibitors that

16 are 21 years of age or older;
17   (iii) is being produced or organized by a business

18 relating to tobacco or a professional association for

19 convenience stores; and
20   (iv) involves the display of tobacco products.
21  Smoking is not allowed in any public area outside of

22 the hall designated for the meeting or trade show.
23  This
paragraph (7) is inoperative on and after October 
24 1, 2015.
25  (8) A dispensing organization, as defined in the 
26 Cannabis Regulation and Tax Act, authorized or permitted by 
 
 
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1 a unit local government to allow on-site consumption of 
2 cannabis, if the establishment: (1) maintains a specially 
3 designated area or areas for the purpose of heating, 
4 burning, smoking, or lighting cannabis; (2) is limited to 
5 individuals 21 or older; and (3) maintains a locked door or 
6 barrier to any specially designated areas for the purpose 
7 of heating, burning, smoking or lighting cannabis. 
8(Source: P.A. 98-1023, eff. 8-22-14.)

9 Section 24. The Compassionate Use of Medical Cannabis 
10Program Act is amended by changing Sections 60 and 210 as 
11follows:

12 (410 ILCS 130/60)

13 Sec. 60. Issuance of registry identification cards.

14 (a) Except as provided in subsection (b), the Department of 
15Public Health shall:

16  (1) verify the information contained in an application 
17 or renewal for a registry identification card submitted 
18 under this Act, and approve or deny an application or 
19 renewal, within 90 days of receiving a completed 
20 application or renewal application and all supporting 
21 documentation specified in Section 55;

22  (2) issue registry identification cards to a 
23 qualifying patient and his or her designated caregiver, if 
24 any, within 15 business days of approving the application 
 
 
10100SB1557ham001- 100 -LRB101 08168 WGH 64593 a


1 or renewal;

2  (3) enter the registry identification number of the 
3 registered dispensing organization the patient designates 
4 into the verification system; and

5  (4) allow for an electronic application process, and 
6 provide a confirmation by electronic or other methods that 
7 an application has been submitted.

8 Notwithstanding any other provision of this Act, the 
9Department of Public Health shall adopt rules for qualifying 
10patients and applicants with life-long debilitating medical 
11conditions, who may be charged annual renewal fees. The 
12Department of Public Health shall not require patients and 
13applicants with life-long debilitating medical conditions to 
14apply to renew registry identification cards. 
15 (b) The Department of Public Health may not issue a 
16registry identification card to a qualifying patient who is 
17under 18 years of age, unless that patient suffers from 
18seizures, including those characteristic of epilepsy, or as 
19provided by administrative rule. The Department of Public 
20Health shall adopt rules for the issuance of a registry 
21identification card for qualifying patients who are under 18 
22years of age and suffering from seizures, including those 
23characteristic of epilepsy.
The Department of Public Health may 
24adopt rules to allow other individuals under 18 years of age to 
25become registered qualifying patients under this Act with the 
26consent of a parent or legal guardian. Registered qualifying 
 
 
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1patients under 18 21 years of age shall be prohibited from 
2consuming forms of cannabis other than medical cannabis infused 
3products and purchasing any usable cannabis or paraphernalia 
4used for smoking or vaping medical cannabis. 
5 (c) A veteran who has received treatment at a VA hospital 
6is deemed to have a bona fide health care professional-patient 
7relationship with a VA certifying health care professional if 
8the patient has been seen for his or her debilitating medical 
9condition at the VA hospital in accordance with VA hospital 
10protocols.
All reasonable inferences regarding the existence 
11of a bona fide health care professional-patient relationship 
12shall be drawn in favor of an applicant who is a veteran and 
13has undergone treatment at a VA hospital.

14 (c-10) An individual who submits an application as someone 
15who is terminally ill shall have all fees waived. The 
16Department of Public Health shall within 30 days after this 
17amendatory Act of the 99th General Assembly adopt emergency 
18rules to expedite approval for terminally ill individuals. 
19These rules shall include, but not be limited to, rules that 
20provide that applications by individuals with terminal 
21illnesses shall be approved or denied within 14 days of their 
22submission. 
23 (d) No later than 6 months after the effective date of this 
24amendatory Act of the 101st General Assembly, the Secretary of 
25State shall remove all existing notations on driving records 
26that the person is a registered qualifying patient or his or 
 
 
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1her caregiver under this Act. Upon the approval of the 
2registration and issuance of a registry card under this 
3Section, the Department of Public Health shall forward the 
4designated caregiver or registered qualified patient's 
5driver's registration number to the Secretary of State and 
6certify that the individual is permitted to engage in the 
7medical use of cannabis. For the purposes of law enforcement, 
8the Secretary of State shall make a notation on the person's 
9driving record stating the person is a registered qualifying 
10patient who is entitled to the lawful medical use of cannabis. 
11If the person no longer holds a valid registry card, the 
12Department shall notify the Secretary of State and the 
13Secretary of State shall remove the notation from the person's 
14driving record. The Department and the Secretary of State may 
15establish a system by which the information may be shared 
16electronically.


17 (e) Upon the approval of the registration and issuance of a 
18registry card under this Section, the Department of Public 
19Health shall electronically forward the registered qualifying 
20patient's identification card information to the Prescription 
21Monitoring Program established under the Illinois Controlled 
22Substances Act and certify that the individual is permitted to 
23engage in the medical use of cannabis. For the purposes of 
24patient care, the Prescription Monitoring Program shall make a 
25notation on the person's prescription record stating that the 
26person is a registered qualifying patient who is entitled to 
 
 
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1the lawful medical use of cannabis. If the person no longer 
2holds a valid registry card, the Department of Public Health 
3shall notify the Prescription Monitoring Program and 
4Department of Human Services to remove the notation from the 
5person's record. The Department of Human Services and the 
6Prescription Monitoring Program shall establish a system by 
7which the information may be shared electronically. This 
8confidential list may not be combined or linked in any manner 
9with any other list or database except as provided in this 
10Section. 
11 (f) (Blank). 
12(Source: P.A. 100-1114, eff. 8-28-18; 101-363, eff. 8-9-19.)

13 (410 ILCS 130/210)

14 Sec. 210. Returns. 
15 (a) This subsection (a) applies to returns due on or before 
16the effective date of this amendatory Act of the 101st General 
17Assembly. On or before the twentieth day of each calendar 
18month, every person subject to the tax imposed under this Law 
19during the preceding calendar month shall file a return with 
20the Department, stating:
21  (1) The name of the taxpayer;
22  (2) The number of ounces of medical cannabis sold to a 
23 dispensing dispensary organization or a registered 
24 qualifying patient during the preceding calendar month;
25  (3) The amount of tax due;
 
 
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1  (4) The signature of the taxpayer; and
2  (5) Such other reasonable information as the

3 Department may require.
4 If a taxpayer fails to sign a return within 30 days after 
5the proper notice and demand for signature by the Department, 
6the return shall be considered valid and any amount shown to be 
7due on the return shall be deemed assessed.
8 The taxpayer shall remit the amount of the tax due to the 
9Department at the time the taxpayer files his or her return.

10 (b) Beginning on the effective date of this amendatory Act 
11of the 101st General Assembly, Section 65-20 of the Cannabis 
12Regulation and Tax Act shall apply to returns filed and taxes 
13paid under this Act to the same extent as if those provisions 
14were set forth in full in this Section. 
15(Source: P.A. 101-27, eff. 6-25-19.)

16 Section 25. The Cannabis Regulation and Tax Act is amended 
17by changing Sections 1-5, 1-10, 5-5, 5-15, 5-20, 5-25, 7-1, 
187-10, 7-15, 7-25, 10-5, 10-10, 10-15, 10-25, 10-30, 10-35, 
1910-40, 10-50, 15-15, 15-20, 15-25, 15-30, 15-35, 15-36, 15-40, 
2015-55, 15-65, 15-70, 15-75, 15-85, 15-95, 15-100, 15-145, 
2115-155, 20-10, 20-15, 20-20, 20-30, 25-1, 25-10, 30-5, 30-10, 
2230-15, 30-30, 35-5, 35-15, 35-25, 35-31, 40-5, 40-10, 40-15, 
2340-20, 40-25, 40-30, 40-35, 40-40, 45-5, 50-5, 55-10, 55-20, 
2455-21, 55-25, 55-28, 55-30, 55-35, 55-65, 55-80, 55-85, 55-95, 
2560-5, 60-20, 65-5, 65-10, and 65-15 and by adding Section 1-7 
 
 
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1as follows:

2 (410 ILCS 705/1-5)

3 Sec. 1-5. Findings. 
4 (a) In the interest of allowing law enforcement to focus on 
5violent and property crimes, generating revenue for education, 
6substance abuse prevention and treatment, freeing public 
7resources to invest in communities and other public purposes, 
8and individual freedom, the General Assembly finds and declares 
9that the use of cannabis should be legal for persons 21 years 
10of age or older and should be taxed in a manner similar to 
11alcohol.
12 (b) In the interest of the health and public safety of the 
13residents of Illinois, the General Assembly further finds and 
14declares that cannabis should be regulated in a manner similar 
15to alcohol so that:
16  (1) persons will have to show proof of age before 
17 purchasing cannabis;
18  (2) selling, distributing, or transferring cannabis to 
19 minors and other persons under 21 years of age shall remain 
20 illegal;
21  (3) driving under the influence of cannabis, operating 
22 a watercraft under the influence of cannabis, and operating 
23 a snowmobile under the influence of cannabis shall remain 
24 illegal;
25  (4) legitimate, taxpaying business people, and not 
 
 
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1 criminal actors, will conduct sales of cannabis;
2  (5) cannabis sold in this State will be tested, 
3 labeled, and subject to additional regulation to ensure 
4 that purchasers are informed and protected; and
5  (6) purchasers will be informed of any known health 
6 risks associated with the use of cannabis, as concluded by 
7 evidence-based, peer reviewed research.
8 (c) The General Assembly further finds and declares that it 
9is necessary to ensure consistency and fairness in the 
10application of this Act throughout the State and that, 
11therefore, the matters addressed by this Act are, except as 
12specified in this Act, matters of statewide concern.
13 (d) The General Assembly further finds and declares that 
14this Act shall not diminish the State's duties and commitment 
15to seriously ill patients registered under the Compassionate 
16Use of Medical Cannabis Pilot Program Act, nor alter the 
17protections granted to them.
18 (e) The General Assembly supports and encourages labor 
19neutrality in the cannabis industry and further finds and 
20declares that employee workplace safety shall not be diminished 
21and employer workplace policies shall be interpreted broadly to 
22protect employee safety.

23(Source: P.A. 101-27, eff. 6-25-19.)

24 (410 ILCS 705/1-7 new)
25 Sec. 1-7. Lawful user and lawful products. For the purposes 
 
 
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1of this Act and to clarify the legislative findings on the 
2lawful use of cannabis, a person shall not be considered an 
3unlawful user or addicted to narcotics solely as a result of 
4his or her possession or use of cannabis or cannabis 
5paraphernalia in accordance with this Act.

6 (410 ILCS 705/1-10)

7 Sec. 1-10. Definitions. In this Act:
8 "Adult Use Cultivation Center License" means a license 
9issued by the Department of Agriculture that permits a person 
10to act as a cultivation center under this Act and any 
11administrative rule made in furtherance of this Act.
12 "Adult Use Dispensing Organization License" means a 
13license issued by the Department of Financial and Professional 
14Regulation that permits a person to act as a dispensing 
15organization under this Act and any administrative rule made in 
16furtherance of this Act.
17 "Advertise" means to engage in promotional activities 
18including, but not limited to: newspaper, radio, Internet and 
19electronic media, and television advertising; the distribution 
20of fliers and circulars; billboard advertising; and the display 
21of window and interior signs. "Advertise" does not mean 
22exterior signage displaying only the name of the licensed 
23cannabis business establishment. 
24 "BLS Region" means a region in Illinois used by the United 
25States Bureau of Labor Statistics to gather and categorize 
 
 
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1certain employment and wage data. The 17 such regions in 
2Illinois are: Bloomington, Cape Girardeau, Carbondale-Marion, 
3Champaign-Urbana, Chicago-Naperville-Elgin, Danville, 
4Davenport-Moline-Rock Island, Decatur, Kankakee, Peoria, 
5Rockford, St. Louis, Springfield, Northwest Illinois 
6nonmetropolitan area, West Central Illinois nonmetropolitan 
7area, East Central Illinois nonmetropolitan area, and South 
8Illinois nonmetropolitan area. 
9 "Cannabis" means marijuana, hashish, and other substances 
10that are identified as including any parts of the plant 
11Cannabis sativa and including derivatives or subspecies, such 
12as indica, of all strains of cannabis, whether growing or not; 
13the seeds thereof, the resin extracted from any part of the 
14plant; and any compound, manufacture, salt, derivative, 
15mixture, or preparation of the plant, its seeds, or resin, 
16including tetrahydrocannabinol (THC) and all other naturally 
17produced cannabinol derivatives, whether produced directly or 
18indirectly by extraction; however, "cannabis" does not include 
19the mature stalks of the plant, fiber produced from the stalks, 
20oil or cake made from the seeds of the plant, any other 
21compound, manufacture, salt, derivative, mixture, or 
22preparation of the mature stalks (except the resin extracted 
23from it), fiber, oil or cake, or the sterilized seed of the 
24plant that is incapable of germination. "Cannabis" does not 
25include industrial hemp as defined and authorized under the 
26Industrial Hemp Act. "Cannabis" also means cannabis flower, 
 
 
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1concentrate, and cannabis-infused products.
2 "Cannabis business establishment" means a cultivation 
3center, craft grower, processing organization, dispensing 
4organization, or transporting organization.
5 "Cannabis concentrate" means a product derived from 
6cannabis that is produced by extracting cannabinoids, 
7including tetrahydrocannabinol (THC), from the plant through 
8the use of propylene glycol, glycerin, butter, olive oil or 
9other typical cooking fats; water, ice, or dry ice; or butane, 
10propane, CO2, ethanol, or isopropanol and with the intended use 
11of smoking or making a cannabis-infused product. The use of any 
12other solvent is expressly prohibited unless and until it is 
13approved by the Department of Agriculture.
14 "Cannabis container" means a sealed, traceable, container, 
15or package used for the purpose of containment of cannabis or 
16cannabis-infused product during transportation.
17 "Cannabis flower" means marijuana, hashish, and other 
18substances that are identified as including any parts of the 
19plant Cannabis sativa and including derivatives or subspecies, 
20such as indica, of all strains of cannabis; including raw kief, 
21leaves, and buds, but not resin that has been extracted from 
22any part of such plant; nor any compound, manufacture, salt, 
23derivative, mixture, or preparation of such plant, its seeds, 
24or resin.
25 "Cannabis-infused product" means a beverage, food, oil, 
26ointment, tincture, topical formulation, or another product 
 
 
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1containing cannabis or cannabis concentrate that is not 
2intended to be smoked.
3 "Cannabis paraphernalia" means equipment, products, or 
4materials intended to be used for planting, propagating, 
5cultivating, growing, harvesting, manufacturing, producing, 
6processing, preparing, testing, analyzing, packaging, 
7repackaging, storing, containing, concealing, ingesting, or 
8otherwise introducing cannabis into the human body. 
9 "Cannabis plant monitoring system" or "plant monitoring 
10system" means a system that includes, but is not limited to, 
11testing and data collection established and maintained by the 
12cultivation center, craft grower, or processing organization 
13and that is available to the Department of Revenue, the 
14Department of Agriculture, the Department of Financial and 
15Professional Regulation, and the Department of State Police for 
16the purposes of documenting each cannabis plant and monitoring 
17plant development throughout the life cycle of a cannabis plant 
18cultivated for the intended use by a customer from seed 
19planting to final packaging.
20 "Cannabis testing facility" means an entity registered by 
21the Department of Agriculture to test cannabis for potency and 
22contaminants.
23 "Clone" means a plant section from a female cannabis plant 
24not yet rootbound, growing in a water solution or other 
25propagation matrix, that is capable of developing into a new 
26plant.
 
 
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1 "Community College Cannabis Vocational Training Pilot 
2Program faculty participant" means a person who is 21 years of 
3age or older, licensed by the Department of Agriculture, and is 
4employed or contracted by an Illinois community college to 
5provide student instruction using cannabis plants at an 
6Illinois Community College.
7 "Community College Cannabis Vocational Training Pilot 
8Program faculty participant Agent Identification Card" means a 
9document issued by the Department of Agriculture that 
10identifies a person as Community College Cannabis Vocational 
11Training Pilot Program faculty participant.
12 "Conditional Adult Use Dispensing Organization License" 
13means a license awarded to top-scoring applicants for an Adult 
14Use Dispensing Organization License that reserves the right to 
15an Adult Use Dispensing Organization License adult use 
16dispensing organization license if the applicant meets certain 
17conditions described in this Act, but does not entitle the 
18recipient to begin purchasing or selling cannabis or 
19cannabis-infused products.
20 "Conditional Adult Use Cultivation Center License" means a 
21license awarded to top-scoring applicants for an Adult Use 
22Cultivation Center License that reserves the right to an Adult 
23Use Cultivation Center License if the applicant meets certain 
24conditions as determined by the Department of Agriculture by 
25rule, but does not entitle the recipient to begin growing, 
26processing, or selling cannabis or cannabis-infused products.
 
 
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1 "Craft grower" means a facility operated by an organization 
2or business that is licensed by the Department of Agriculture 
3to cultivate, dry, cure, and package cannabis and perform other 
4necessary activities to make cannabis available for sale at a 
5dispensing organization or use at a processing organization. A 
6craft grower may contain up to 5,000 square feet of canopy 
7space on its premises for plants in the flowering state. The 
8Department of Agriculture may authorize an increase or decrease 
9of flowering stage cultivation space in increments of 3,000 
10square feet by rule based on market need, craft grower 
11capacity, and the licensee's history of compliance or 
12noncompliance, with a maximum space of 14,000 square feet for 
13cultivating plants in the flowering stage, which must be 
14cultivated in all stages of growth in an enclosed and secure 
15area. A craft grower may share premises with a processing 
16organization or a dispensing organization, or both, provided 
17each licensee stores currency and cannabis or cannabis-infused 
18products in a separate secured vault to which the other 
19licensee does not have access or all licensees sharing a vault 
20share more than 50% of the same ownership. 
21 "Craft grower agent" means a principal officer, board 
22member, employee, or other agent of a craft grower who is 21 
23years of age or older.
24 "Craft Grower Agent Identification Card" means a document 
25issued by the Department of Agriculture that identifies a 
26person as a craft grower agent.
 
 
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1 "Cultivation center" means a facility operated by an 
2organization or business that is licensed by the Department of 
3Agriculture to cultivate, process, transport (unless otherwise 
4limited by this Act), and perform other necessary activities to 
5provide cannabis and cannabis-infused products to cannabis 
6business establishments.
7 "Cultivation center agent" means a principal officer, 
8board member, employee, or other agent of a cultivation center 
9who is 21 years of age or older.
10 "Cultivation Center Agent Identification Card" means a 
11document issued by the Department of Agriculture that 
12identifies a person as a cultivation center agent.
13 "Currency" means currency and coin of the United States.
14 "Dispensary" means a facility operated by a dispensing 
15organization at which activities licensed by this Act may 
16occur.
17 "Dispensing organization" means a facility operated by an 
18organization or business that is licensed by the Department of 
19Financial and Professional Regulation to acquire cannabis from 
20a cultivation center, craft grower, processing organization, 
21or another dispensary for the purpose of selling or dispensing 
22cannabis, cannabis-infused products, cannabis seeds, 
23paraphernalia, or related supplies under this Act to purchasers 
24or to qualified registered medical cannabis patients and 
25caregivers. As used in this Act, "dispensing dispensary 
26organization" includes shall include a registered medical 
 
 
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1cannabis organization as defined in the Compassionate Use of 
2Medical Cannabis Pilot Program Act or its successor Act that 
3has obtained an Early Approval Adult Use Dispensing 
4Organization License.
5 "Dispensing organization agent" means a principal officer, 
6employee, or agent of a dispensing organization who is 21 years 
7of age or older.
8 "Dispensing organization agent identification card" means 
9a document issued by the Department of Financial and 
10Professional Regulation that identifies a person as a 
11dispensing organization agent.
12 "Disproportionately Impacted Area" means a census tract or 
13comparable geographic area that satisfies the following 
14criteria as determined by the Department of Commerce and 
15Economic Opportunity, that: 
16  (1) meets at least one of the following criteria: 
17   (A) the area has a poverty rate of at least 20% 
18 according to the latest federal decennial census; or 
19   (B) 75% or more of the children in the area 
20 participate in the federal free lunch program 
21 according to reported statistics from the State Board 
22 of Education; or 
23   (C) at least 20% of the households in the area 
24 receive assistance under the Supplemental Nutrition 
25 Assistance Program; or
26   (D) the area has an average unemployment rate, as 
 
 
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1 determined by the Illinois Department of Employment 
2 Security, that is more than 120% of the national 
3 unemployment average, as determined by the United 
4 States Department of Labor, for a period of at least 2 
5 consecutive calendar years preceding the date of the 
6 application; and 
7  (2) has high rates of arrest, conviction, and 
8 incarceration related to the sale, possession, use, 
9 cultivation, manufacture, or transport of cannabis.
10 "Early Approval Adult Use Cultivation Center License" 
11means a license that permits a medical cannabis cultivation 
12center licensed under the Compassionate Use of Medical Cannabis 
13Pilot Program Act as of the effective date of this Act to begin 
14cultivating, infusing, packaging, transporting (unless 
15otherwise provided in this Act), processing and selling 
16cannabis or cannabis-infused product to cannabis business 
17establishments for resale to purchasers as permitted by this 
18Act as of January 1, 2020.
19 "Early Approval Adult Use Dispensing Organization License" 
20means a license that permits a medical cannabis dispensing 
21organization licensed under the Compassionate Use of Medical 
22Cannabis Pilot Program Act as of the effective date of this Act 
23to begin selling cannabis or cannabis-infused product to 
24purchasers as permitted by this Act as of January 1, 2020.
25 "Early Approval Adult Use Dispensing Organization at a 
26secondary site" means a license that permits a medical cannabis 
 
 
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1dispensing organization licensed under the Compassionate Use 
2of Medical Cannabis Pilot Program Act as of the effective date 
3of this Act to begin selling cannabis or cannabis-infused 
4product to purchasers as permitted by this Act on January 1, 
52020 at a different dispensary location from its existing 
6registered medical dispensary location.
7 "Enclosed, locked facility" means a room, greenhouse, 
8building, or other enclosed area equipped with locks or other 
9security devices that permit access only by cannabis business 
10establishment agents working for the licensed cannabis 
11business establishment or acting pursuant to this Act to 
12cultivate, process, store, or distribute cannabis.
13 "Enclosed, locked space" means a closet, room, greenhouse, 
14building or other enclosed area equipped with locks or other 
15security devices that permit access only by authorized 
16individuals under this Act. "Enclosed, locked space" may 
17include:
18  (1) a space within a residential building that (i) is 
19 the primary residence of the individual cultivating 5 or 
20 fewer cannabis plants that are more than 5 inches tall and 
21 (ii) includes sleeping quarters and indoor plumbing. The 
22 space must only be accessible by a key or code that is 
23 different from any key or code that can be used to access 
24 the residential building from the exterior; or
25  (2) a structure, such as a shed or greenhouse, that 
26 lies on the same plot of land as a residential building 
 
 
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1 that (i) includes sleeping quarters and indoor plumbing and 
2 (ii) is used as a primary residence by the person 
3 cultivating 5 or fewer cannabis plants that are more than 5 
4 inches tall, such as a shed or greenhouse. The structure 
5 must remain locked when it is unoccupied by people. 
6 "Financial institution" has the same meaning as "financial 
7organization" as defined in Section 1501 of the Illinois Income 
8Tax Act, and also includes the holding companies, subsidiaries, 
9and affiliates of such financial organizations. 
10 "Flowering stage" means the stage of cultivation where and 
11when a cannabis plant is cultivated to produce plant material 
12for cannabis products. This includes mature plants as follows:
13  (1) if greater than 2 stigmas are visible at each 
14 internode of the plant; or
15  (2) if the cannabis plant is in an area that has been 
16 intentionally deprived of light for a period of time 
17 intended to produce flower buds and induce maturation, from 
18 the moment the light deprivation began through the 
19 remainder of the marijuana plant growth cycle.
20 "Individual" means a natural person.
21 "Infuser organization" or "infuser" means a facility 
22operated by an organization or business that is licensed by the 
23Department of Agriculture to directly incorporate cannabis or 
24cannabis concentrate into a product formulation to produce a 
25cannabis-infused product. 
26 "Kief" means the resinous crystal-like trichomes that are 
 
 
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1found on cannabis and that are accumulated, resulting in a 
2higher concentration of cannabinoids, untreated by heat or 
3pressure, or extracted using a solvent. 
4 "Labor peace agreement" means an agreement between a 
5cannabis business establishment and any labor organization 
6recognized under the National Labor Relations Act, referred to 
7in this Act as a bona fide labor organization, that prohibits 
8labor organizations and members from engaging in picketing, 
9work stoppages, boycotts, and any other economic interference 
10with the cannabis business establishment. This agreement means 
11that the cannabis business establishment has agreed not to 
12disrupt efforts by the bona fide labor organization to 
13communicate with, and attempt to organize and represent, the 
14cannabis business establishment's employees. The agreement 
15shall provide a bona fide labor organization access at 
16reasonable times to areas in which the cannabis business 
17establishment's employees work, for the purpose of meeting with 
18employees to discuss their right to representation, employment 
19rights under State law, and terms and conditions of employment. 
20This type of agreement shall not mandate a particular method of 
21election or certification of the bona fide labor organization.
22 "Limited access area" means a building, room, or other area 
23under the control of a cannabis dispensing organization 
24licensed under this Act and upon the licensed premises where 
25cannabis sales occur with access limited to purchasers, 
26dispensing organization owners and other dispensing 
 
 
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1organization agents, or service professionals conducting 
2business with the dispensing organization, or, if sales to 
3registered qualifying patients, caregivers, provisional 
4patients, and Opioid Alternative Pilot Program participants 
5licensed pursuant to the Compassionate Use of Medical Cannabis 
6Program Act are also permitted at the dispensary, registered 
7qualifying patients, caregivers, provisional patients, and 
8Opioid Alternative Pilot Program participants. 
9 "Member of an impacted family" means an individual who has 
10a parent, legal guardian, child, spouse, or dependent, or was a 
11dependent of an individual who, prior to the effective date of 
12this Act, was arrested for, convicted of, or adjudicated 
13delinquent for any offense that is eligible for expungement 
14under this Act.
15 "Mother plant" means a cannabis plant that is cultivated or 
16maintained for the purpose of generating clones, and that will 
17not be used to produce plant material for sale to an infuser or 
18dispensing organization.
19 "Ordinary public view" means within the sight line with 
20normal visual range of a person, unassisted by visual aids, 
21from a public street or sidewalk adjacent to real property, or 
22from within an adjacent property. 
23 "Ownership and control" means ownership of at least 51% of 
24the business, including corporate stock if a corporation, and 
25control over the management and day-to-day operations of the 
26business and an interest in the capital, assets, and profits 
 
 
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1and losses of the business proportionate to percentage of 
2ownership.
3 "Person" means a natural individual, firm, partnership, 
4association, joint stock company, joint venture, public or 
5private corporation, limited liability company, or a receiver, 
6executor, trustee, guardian, or other representative appointed 
7by order of any court.
8 "Possession limit" means the amount of cannabis under 
9Section 10-10 that may be possessed at any one time by a person 
1021 years of age or older or who is a registered qualifying 
11medical cannabis patient or caregiver under the Compassionate 
12Use of Medical Cannabis Pilot Program Act.
13 "Principal officer" includes a cannabis business 
14establishment applicant or licensed cannabis business 
15establishment's board member, owner with more than 1% interest 
16of the total cannabis business establishment or more than 5% 
17interest of the total cannabis business establishment of a 
18publicly traded company, president, vice president, secretary, 
19treasurer, partner, officer, member, manager member, or person 
20with a profit sharing, financial interest, or revenue sharing 
21arrangement. The definition includes a person with authority to 
22control the cannabis business establishment, a person who 
23assumes responsibility for the debts of the cannabis business 
24establishment and who is further defined in this Act.
25 "Primary residence" means a dwelling where a person usually 
26stays or stays more often than other locations. It may be 
 
 
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1determined by, without limitation, presence, tax filings; 
2address on an Illinois driver's license, an Illinois 
3Identification Card, or an Illinois Person with a Disability 
4Identification Card; or voter registration. No person may have 
5more than one primary residence.
6 "Processing organization" or "processor" means a facility 
7operated by an organization or business that is licensed by the 
8Department of Agriculture to either extract constituent 
9chemicals or compounds to produce cannabis concentrate or 
10incorporate cannabis or cannabis concentrate into a product 
11formulation to produce a cannabis product. 
12 "Processing organization agent" means a principal officer, 
13board member, employee, or agent of a processing organization.
14 "Processing organization agent identification card" means 
15a document issued by the Department of Agriculture that 
16identifies a person as a processing organization agent.
17 "Purchaser" means a person 21 years of age or older who 
18acquires cannabis for a valuable consideration. "Purchaser" 
19does not include a cardholder under the Compassionate Use of 
20Medical Cannabis Pilot Program Act.
21 "Qualified Social Equity Applicant" means a Social Equity 
22Applicant who has been awarded a conditional license under this 
23Act to operate a cannabis business establishment.
24 "Resided" means an individual's primary residence was 
25located within the relevant geographic area as established by 2 
26of the following:
 
 
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1  (1) a signed lease agreement that includes the 
2 applicant's name;
3  (2) a property deed that includes the applicant's name;
4  (3) school records;
5  (4) a voter registration card;
6  (5) an Illinois driver's license, an Illinois 
7 Identification Card, or an Illinois Person with a 
8 Disability Identification Card;
9  (6) a paycheck stub; 
10  (7) a utility bill; 
11  (8) tax records; or
12  (9) (8) any other proof of residency or other 
13 information necessary to establish residence as provided 
14 by rule.
15 "Smoking" means the inhalation of smoke caused by the 
16combustion of cannabis.
17 "Social Equity Applicant" means an applicant that is an 
18Illinois resident that meets one of the following criteria:
19  (1) an applicant with at least 51% ownership and 
20 control by one or more individuals who have resided for at 
21 least 5 of the preceding 10 years in a Disproportionately 
22 Impacted Area; 
23  (2) an applicant with at least 51% ownership and 
24 control by one or more individuals who:

25   (i) have been arrested for, convicted of, or 
26 adjudicated delinquent for any offense that is 
 
 
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1 eligible for expungement under this Act; or

2   (ii) is a member of an impacted family;
3  (3) for applicants with a minimum of 10 full-time 
4 employees, an applicant with at least 51% of current 
5 employees who:
6   (i) currently reside in a Disproportionately 
7 Impacted Area; or
8   (ii) have been arrested for, convicted of, or 
9 adjudicated delinquent for any offense that is 
10 eligible for expungement under this Act or member of an 
11 impacted family.
12 Nothing in this Act shall be construed to preempt or limit 
13the duties of any employer under the Job Opportunities for 
14Qualified Applicants Act. Nothing in this Act shall permit an 
15employer to require an employee to disclose sealed or expunged 
16offenses, unless otherwise required by law.
17 "Tincture" means a cannabis-infused solution, typically 
18comprised of alcohol, glycerin, or vegetable oils, derived 
19either directly from the cannabis plant or from a processed 
20cannabis extract. A tincture is not an alcoholic liquor as 
21defined in the Liquor Control Act of 1934. A tincture shall 
22include a calibrated dropper or other similar device capable of 
23accurately measuring servings.
24 "Transporting organization" or "transporter" means an 
25organization or business that is licensed by the Department of 
26Agriculture to transport cannabis or cannabis-infused product 
 
 
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1on behalf of a cannabis business establishment or a community 
2college licensed under the Community
College Cannabis 
3Vocational Training Pilot Program.

4 "Transporting organization agent" means a principal 
5officer, board member, employee, or agent of a transporting 
6organization.
7 "Transporting organization agent identification card" 
8means a document issued by the Department of Agriculture that 
9identifies a person as a transporting organization agent.
10 "Unit of local government" means any county, city, village, 
11or incorporated town.
12 "Vegetative stage" means the stage of cultivation in which 
13a cannabis plant is propagated to produce additional cannabis 
14plants or reach a sufficient size for production. This includes 
15seedlings, clones, mothers, and other immature cannabis plants 
16as follows: 
17  (1) if the cannabis plant is in an area that has not 
18 been intentionally deprived of light for a period of time 
19 intended to produce flower buds and induce maturation, it 
20 has no more than 2 stigmas visible at each internode of the 
21 cannabis plant; or 
22  (2) any cannabis plant that is cultivated solely for 
23 the purpose of propagating clones and is never used to 
24 produce cannabis.

25(Source: P.A. 101-27, eff. 6-25-19.)

 
 
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1 (410 ILCS 705/5-5)

2 Sec. 5-5. Sharing of authority. Notwithstanding any 
3provision of or law to the contrary, any authority granted to 
4any State agency or State employees or appointees under the 
5Compassionate Use of Medical Cannabis Pilot Program Act shall 
6be shared by any State agency or State employees or appointees 
7given authority to license, discipline, revoke, regulate, or 
8make rules under this Act. 

9(Source: P.A. 101-27, eff. 6-25-19.)

10 (410 ILCS 705/5-15)

11 Sec. 5-15. Department of Financial and Professional 
12Regulation. The Department of Financial and Professional 
13Regulation shall enforce the provisions of this Act relating to 
14the oversight and registration of dispensing organizations and 
15agents, including the issuance of identification cards for 
16dispensing organization agents. The Department of Financial 
17and Professional Regulation may suspend or revoke the license 
18of, or otherwise discipline dispensing organizations, 
19principal officers, agents-in-charge, and agents impose other 
20penalties upon, dispensing organizations for violations of 
21this Act and any rules adopted under this Act.

22(Source: P.A. 101-27, eff. 6-25-19.)

23 (410 ILCS 705/5-20)

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

12(Source: P.A. 101-27, eff. 6-25-19.)

13 (410 ILCS 705/5-25)

14 Sec. 5-25. Department of Public Health to make health 
15warning recommendations. 
16 (a) The Department of Public Health shall make 
17recommendations to the Department of Agriculture and the 
18Department of Financial and Professional Regulation on 
19appropriate health warnings for dispensaries and advertising, 
20which may apply to all cannabis products, including item-type 
21specific labeling or warning requirements, regulate the 
22facility where cannabis-infused products are made, regulate 
23cannabis-infused products as provided in subsection (e) of 
24Section 55-5, and facilitate the Adult Use Cannabis Health 
25Advisory Committee.
 
 
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1 (b) An Adult Use Cannabis Health Advisory Committee is 
2hereby created and shall meet at least twice annually. The 
3Chairperson may schedule meetings more frequently upon his or 
4her initiative or upon the request of a Committee member. 
5Meetings may be held in person or by teleconference. The 
6Committee shall discuss and monitor changes in drug use data in 
7Illinois and the emerging science and medical information 
8relevant to the health effects associated with cannabis use and 
9may provide recommendations to the Department of Human Services 
10about public health awareness campaigns and messages. The 
11Committee shall include the following members appointed by the 
12Governor and shall represent the geographic, ethnic, and racial 
13diversity of the State:
14  (1) The Director of Public Health, or his or her 
15 designee, who shall serve as the Chairperson.
16  (2) The Secretary of Human Services, or his or her 
17 designee, who shall serve as the Co-Chairperson.
18  (3) A representative of the poison control center.
19  (4) A pharmacologist.
20  (5) A pulmonologist.
21  (6) An emergency room physician.
22  (7) An emergency medical technician, paramedic, or 
23 other first responder.
24  (8) A nurse practicing in a school-based setting.
25  (9) A psychologist.
26  (10) A neonatologist.
 
 
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1  (11) An obstetrician-gynecologist.
2  (12) A drug epidemiologist.
3  (13) A medical toxicologist.
4  (14) An addiction psychiatrist.
5  (15) A pediatrician.
6  (16) A representative of a statewide professional 
7 public health organization.
8  (17) A representative of a statewide hospital/health 
9 system association.
10  (18) An individual registered as a patient in the 
11 Compassionate Use of Medical Cannabis Pilot Program.
12  (19) An individual registered as a caregiver in the 
13 Compassionate Use of Medical Cannabis Pilot Program.
14  (20) A representative of an organization focusing on 
15 cannabis-related policy.
16  (21) A representative of an organization focusing on 
17 the civil liberties of individuals who reside in Illinois.
18  (22) A representative of the criminal defense or civil 
19 aid community of attorneys serving Disproportionately 
20 Impacted Areas.
21  (23) A representative of licensed cannabis business 
22 establishments.
23  (24) A Social Equity Applicant.
24  (25) A representative of a statewide community-based 
25 substance use disorder treatment provider association.
26  (26) A representative of a statewide community-based 
 
 
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1 mental health treatment provider association.
2  (27) A representative of a community-based substance 
3 use disorder treatment provider.
4  (28) A representative of a community-based mental 
5 health treatment provider.
6  (29) A substance use disorder treatment patient 
7 representative.
8  (30) A mental health treatment patient representative.
9 (c) The Committee shall provide a report by September 30, 
102021, and every year thereafter, to the General Assembly. The 
11Department of Public Health shall make the report available on 
12its website.

13(Source: P.A. 101-27, eff. 6-25-19.)

14 (410 ILCS 705/7-1)

15 Sec. 7-1. Findings. 
16 (a) The General Assembly finds that the medical cannabis 
17industry, established in 2014 through the Compassionate Use of 
18Medical Cannabis Pilot Program Act, has shown that additional 
19efforts are needed to reduce barriers to ownership. Through 
20that program, 55 licenses for dispensing organizations and 20 
21licenses for cultivation centers have been issued. Those 
22licenses are held by only a small number of businesses, the 
23ownership of which does not sufficiently meet the General 
24Assembly's interest in business ownership that reflects the 
25population of the State of Illinois and that demonstrates the 
 
 
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1need to reduce barriers to entry for individuals and 
2communities most adversely impacted by the enforcement of 
3cannabis-related laws. 
4 (b) In the interest of establishing a legal cannabis 
5industry that is equitable and accessible to those most 
6adversely impacted by the enforcement of drug-related laws in 
7this State, including cannabis-related laws, the General 
8Assembly finds and declares that a social equity program should 
9be established.
10 (c) The General Assembly also finds and declares that 
11individuals who have been arrested or incarcerated due to drug 
12laws suffer long-lasting negative consequences, including 
13impacts to employment, business ownership, housing, health, 
14and long-term financial well-being.
15 (d) The General Assembly also finds and declares that 
16family members, especially children, and communities of those 
17who have been arrested or incarcerated due to drug laws, suffer 
18from emotional, psychological, and financial harms as a result 
19of such arrests or incarcerations.
20 (e) Furthermore, the General Assembly finds and declares 
21that certain communities have disproportionately suffered the 
22harms of enforcement of cannabis-related laws. Those 
23communities face greater difficulties accessing traditional 
24banking systems and capital for establishing businesses.
25 (f) The General Assembly also finds that individuals who 
26have resided in areas of high poverty suffer negative 
 
 
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1consequences, including barriers to entry in employment, 
2business ownership, housing, health, and long-term financial 
3well-being.
4 (g) The General Assembly also finds and declares that 
5promotion of business ownership by individuals who have resided 
6in areas of high poverty and high enforcement of 
7cannabis-related laws furthers an equitable cannabis industry.
8 (h) Therefore, in the interest of remedying the harms 
9resulting from the disproportionate enforcement of 
10cannabis-related laws, the General Assembly finds and declares 
11that a social equity program should offer, among other things, 
12financial assistance and license application benefits to 
13individuals most directly and adversely impacted by the 
14enforcement of cannabis-related laws who are interested in 
15starting cannabis business establishments.


16(Source: P.A. 101-27, eff. 6-25-19.)

17 (410 ILCS 705/7-10)

18 Sec. 7-10. Cannabis Business Development Fund. 
19 (a) There is created in the State treasury a special fund, 
20which shall be held separate and apart from all other State 
21moneys, to be known as the Cannabis Business Development Fund. 
22The Cannabis Business Development Fund shall be exclusively 
23used for the following purposes:
24  (1) to provide low-interest rate loans to Qualified 
25 Social Equity Applicants to pay for ordinary and necessary 
 
 
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1 expenses to start and operate a cannabis business 
2 establishment permitted by this Act;
3  (2) to provide grants to Qualified Social Equity 
4 Applicants to pay for ordinary and necessary expenses to 
5 start and operate a cannabis business establishment 
6 permitted by this Act;
7  (3) to compensate the Department of Commerce and 
8 Economic Opportunity for any costs related to the provision 
9 of low-interest loans and grants to Qualified Social Equity 
10 Applicants; 
11  (4) to pay for outreach that may be provided or 
12 targeted to attract and support Social Equity Applicants 
13 and Qualified Social Equity Applicants;
14  (5) (blank); 
15  (6) to conduct any study or research concerning the 
16 participation of minorities, women, veterans, or people 
17 with disabilities in the cannabis industry, including, 
18 without limitation, barriers to such individuals entering 
19 the industry as equity owners of cannabis business 
20 establishments;
21  (7) (blank); and
22  (8) to assist with job training and technical 
23 assistance for residents in Disproportionately Impacted 
24 Areas.
25 (b) All moneys collected under Sections 15-15 and 15-20 for 
26Early Approval Adult Use Dispensing Organization Licenses 
 
 
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1issued before January 1, 2021 and remunerations made as a 
2result of transfers of permits awarded to Qualified Social 
3Equity Applicants shall be deposited into the Cannabis Business 
4Development Fund.
5 (c) As soon as practical after July 1, 2019, the 
6Comptroller shall order and the Treasurer shall transfer 
7$12,000,000 from the Compassionate Use of Medical Cannabis Fund 
8to the Cannabis Business Development Fund.
9 (d) Notwithstanding any other law to the contrary, the 
10Cannabis Business Development Fund is not subject to sweeps, 
11administrative charge-backs, or any other fiscal or budgetary 
12maneuver that would in any way transfer any amounts from the 
13Cannabis Business Development Fund into any other fund of the 
14State.

15(Source: P.A. 101-27, eff. 6-25-19.)

16 (410 ILCS 705/7-15)

17 Sec. 7-15. Loans and grants to Social Equity Applicants. 
18 (a) The Department of Commerce and Economic Opportunity 
19shall establish grant and loan programs, subject to 
20appropriations from the Cannabis Business Development Fund, 
21for the purposes of providing financial assistance, loans, 
22grants, and technical assistance to Social Equity Applicants.
23 (b) The Department of Commerce and Economic Opportunity has 
24the power to: 
25  (1) provide Cannabis Social Equity loans and grants 
 
 
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1 from appropriations from the Cannabis Business Development 
2 Fund to assist Qualified Social Equity Applicants in 
3 gaining entry to, and successfully operating in, the 
4 State's regulated cannabis marketplace; 
5  (2) enter into agreements that set forth terms and 
6 conditions of the financial assistance, accept funds or 
7 grants, and engage in cooperation with private entities and 
8 agencies of State or local government to carry out the 
9 purposes of this Section; 
10  (3) fix, determine, charge, and collect any premiums, 
11 fees, charges, costs and expenses, including application 
12 fees, commitment fees, program fees, financing charges, or 
13 publication fees in connection with its activities under 
14 this Section; 
15  (4) coordinate assistance under these loan programs 
16 with activities of the Illinois Department of Financial and 
17 Professional Regulation, the Illinois Department of 
18 Agriculture, and other agencies as needed to maximize the 
19 effectiveness and efficiency of this Act; 
20  (5) provide staff, administration, and related support 
21 required to administer this Section; 
22  (6) take whatever actions are necessary or appropriate 
23 to protect the State's interest in the event of bankruptcy, 
24 default, foreclosure, or noncompliance with the terms and 
25 conditions of financial assistance provided under this 
26 Section, including the ability to recapture funds if the 
 
 
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1 recipient is found to be noncompliant with the terms and 
2 conditions of the financial assistance agreement; 
3  (7) establish application, notification, contract, and 
4 other forms, procedures, or rules deemed necessary and 
5 appropriate; and
6  (8) utilize vendors or contract work to carry out the 
7 purposes of this Act.
8 (c) Loans made under this Section: 
9  (1) shall only be made if, in the Department's 
10 judgment, the project furthers the goals set forth in this 
11 Act; and 
12  (2) shall be in such principal amount and form and 
13 contain such terms and provisions with respect to security, 
14 insurance, reporting, delinquency charges, default 
15 remedies, and other matters as the Department shall 
16 determine appropriate to protect the public interest and to 
17 be consistent with the purposes of this Section. The terms 
18 and provisions may be less than required for similar loans 
19 not covered by this Section.
20 (d) Grants made under this Section shall be awarded on a 
21competitive and annual basis under the Grant Accountability and 
22Transparency Act. Grants made under this Section shall further 
23and promote the goals of this Act, including promotion of 
24Social Equity Applicants, job training and workforce 
25development, and technical assistance to Social Equity 
26Applicants. 
 
 
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1 (e) Beginning January 1, 2021 and each year thereafter, the 
2Department shall annually report to the Governor and the 
3General Assembly on the outcomes and effectiveness of this 
4Section that shall include the following: 
5  (1) the number of persons or businesses receiving 
6 financial assistance under this Section; 
7  (2) the amount in financial assistance awarded in the 
8 aggregate, in addition to the amount of loans made that are 
9 outstanding and the amount of grants awarded; 
10  (3) the location of the project engaged in by the 
11 person or business; and
12  (4) if applicable, the number of new jobs and other 
13 forms of economic output created as a result of the 
14 financial assistance. 
15 (f) The Department of Commerce and Economic Opportunity 
16shall include engagement with individuals with limited English 
17proficiency as part of its outreach provided or targeted to 
18attract and support Social Equity Applicants.

19(Source: P.A. 101-27, eff. 6-25-19.)

20 (410 ILCS 705/7-25)

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

17(Source: P.A. 101-27, eff. 6-25-19.)

18 (410 ILCS 705/10-5)

19 Sec. 10-5. Personal use of cannabis; restrictions on 
20cultivation; penalties. 
21 (a) Beginning January 1, 2020, notwithstanding any other 
22provision of law, and except as otherwise provided in this Act, 
23the following acts are not a violation of this Act and shall 
24not be a criminal or civil offense under State law or the 
25ordinances of any unit of local government of this State or be 
 
 
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1a basis for seizure or forfeiture of assets under State law for 
2persons other than natural individuals under 21 years of age:
3  (1) possession, consumption, use, purchase, obtaining, 
4 or transporting cannabis paraphernalia or an amount of 
5 cannabis for personal use that does not exceed the 
6 possession limit under Section 10-10 or otherwise in 
7 accordance with the requirements of this Act;
8  (2) cultivation of cannabis for personal use in 
9 accordance with the requirements of this Act; and
10  (3) controlling property if actions that are 
11 authorized by this Act occur on the property in accordance 
12 with this Act.
13 (a-1) Beginning January 1, 2020, notwithstanding any other 
14provision of law, and except as otherwise provided in this Act, 
15possessing, consuming, using, purchasing, obtaining, or 
16transporting cannabis paraphernalia or an amount of cannabis 
17purchased or produced in accordance with this Act that does not 
18exceed the possession limit under subsection (a) of Section 
1910-10 shall not be a basis for seizure or forfeiture of assets 
20under State law.
21 (b) Cultivating cannabis for personal use is subject to the 
22following limitations:
23  (1) An Illinois resident 21 years of age or older who 
24 is a registered qualifying patient under the Compassionate 
25 Use of Medical Cannabis Pilot Program Act may cultivate 
26 cannabis plants, with a limit of 5 plants that are more 
 
 
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1 than 5 inches tall, per household without a cultivation 
2 center or craft grower license. In this Section, "resident" 
3 means a person who has been domiciled in the State of 
4 Illinois for a period of 30 days before cultivation. 
5  (2) Cannabis cultivation must take place in an 
6 enclosed, locked space.
7  (3) Adult registered qualifying patients may purchase 
8 cannabis seeds from a dispensary for the purpose of home 
9 cultivation. Seeds may not be given or sold to any other 
10 person.
11  (4) Cannabis plants shall not be stored or placed in a 
12 location where they are subject to ordinary public view, as 
13 defined in this Act. A registered qualifying patient who 
14 cultivates cannabis under this Section shall take 
15 reasonable precautions to ensure the plants are secure from 
16 unauthorized access, including unauthorized access by a 
17 person under 21 years of age.
18  (5) Cannabis cultivation may occur only on residential 
19 property lawfully in possession of the cultivator or with 
20 the consent of the person in lawful possession of the 
21 property. An owner or lessor of residential property may 
22 prohibit the cultivation of cannabis by a lessee.
23  (6) (Blank).
24  (7) A dwelling, residence, apartment, condominium 
25 unit, enclosed, locked space, or piece of property not 
26 divided into multiple dwelling units shall not contain more 
 
 
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1 than 5 plants at any one time.
2  (8) Cannabis plants may only be tended by registered 
3 qualifying patients who reside at the residence, or their 
4 authorized agent attending to the residence for brief 
5 periods, such as when the qualifying patient is temporarily 
6 away from the residence.
7  (9) A registered qualifying patient who cultivates 
8 more than the allowable number of cannabis plants, or who 
9 sells or gives away cannabis plants, cannabis, or 
10 cannabis-infused products produced under this Section, is 
11 liable for penalties as provided by law, including the 
12 Cannabis Control Act, in addition to loss of home 
13 cultivation privileges as established by rule. 

14(Source: P.A. 101-27, eff. 6-25-19.)

15 (410 ILCS 705/10-10)

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

19 (e) Cannabis and cannabis-derived substances regulated 
20under the Industrial Hemp Act are not covered by this Act. 
21(Source: P.A. 101-27, eff. 6-25-19.)

22 (410 ILCS 705/10-15)

23 Sec. 10-15. Persons under 21 years of age. 
24 (a) Nothing in this Act is intended to permit the transfer 
25of cannabis, with or without remuneration, to a person under 21 
 
 
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1years of age, or to allow a person under 21 years of age to 
2purchase, possess, use, process, transport, grow, or consume 
3cannabis except where authorized by the Compassionate Use of 
4Medical Cannabis Pilot Program Act or by the Community College 
5Cannabis Vocational Pilot Program. 
6 (b) Notwithstanding any other provisions of law 
7authorizing the possession of medical cannabis, nothing in this 
8Act authorizes a person who is under 21 years of age to possess 
9cannabis. A person under 21 years of age with cannabis in his 
10or her possession is guilty of a civil law violation as 
11outlined in paragraph (a) of Section 4 of the Cannabis Control 
12Act.
13 (c) If the person under the age of 21 was in a motor 
14vehicle at the time of the offense, the Secretary of State may 
15suspend or revoke the driving privileges of any person for a 
16violation of this Section under Section 6-206 of the Illinois 
17Vehicle Code and the rules adopted under it.
18 (d) It is unlawful for any parent or guardian to knowingly 
19permit his or her residence, any other private property under 
20his or her control, or any vehicle, conveyance, or watercraft 
21under his or her control to be used by an invitee of the 
22parent's child or the guardian's ward, if the invitee is under 
23the age of 21, in a manner that constitutes a violation of this 
24Section. A parent or guardian is deemed to have knowingly 
25permitted his or her residence, any other private property 
26under his or her control, or any vehicle, conveyance, or 
 
 
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1watercraft under his or her control to be used in violation of 
2this Section if he or she knowingly authorizes or permits 
3consumption of cannabis by underage invitees. Any person who 
4violates this subsection (d) is guilty of a Class A misdemeanor 
5and the person's sentence shall include, but shall not be 
6limited to, a fine of not less than $500. If a violation of 
7this subsection (d) directly or indirectly results in great 
8bodily harm or death to any person, the person violating this 
9subsection is guilty of a Class 4 felony. In this subsection 
10(d), where the residence or other property has an owner and a 
11tenant or lessee, the trier of fact may infer that the 
12residence or other property is occupied only by the tenant or 
13lessee.

14(Source: P.A. 101-27, eff. 6-25-19.)

15 (410 ILCS 705/10-25)

16 Sec. 10-25. Immunities and presumptions related to the use 
17of cannabis by purchasers. 
18 (a) A purchaser who is 21 years of age or older is not 
19subject to arrest, prosecution, denial of any right or 
20privilege, or other punishment including, but not limited to, 
21any civil penalty or disciplinary action taken by an 
22occupational or professional licensing board, based solely on 
23the use of cannabis if (1) the purchaser possesses an amount of 
24cannabis that does not exceed the possession limit under 
25Section 10-10 and, if the purchaser is licensed, certified, or 
 
 
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1registered to practice any trade or profession under any Act 
2and (2) the use of cannabis does not impair that person when he 
3or she is engaged in the practice of the profession for which 
4he or she is licensed, certified, or registered.
5 (b) A purchaser 21 years of age or older is not subject to 
6arrest, prosecution, denial of any right or privilege, or other 
7punishment, including, but not limited to, any civil penalty or 
8disciplinary action taken by an occupational or professional 
9licensing board, based solely for (i) selling cannabis 
10paraphernalia if employed and licensed as a dispensing agent by 
11a dispensing organization; or (ii) being in the presence or 
12vicinity of the use of cannabis or cannabis paraphernalia as 
13allowed under this Act; or (iii) possessing cannabis 
14paraphernalia.
15 (c) Mere possession of, or application for, an agent 
16identification card or license does not constitute probable 
17cause or reasonable suspicion to believe that a crime has been 
18committed, nor shall it be used as the sole basis to support 
19the search of the person, property, or home of the person 
20possessing or applying for the agent identification card. The 
21possession of, or application for, an agent identification card 
22does not preclude the existence of probable cause if probable 
23cause exists based on other grounds.
24 (d) No person employed by the State of Illinois shall be 
25subject to criminal or civil penalties for taking any action in 
26good faith in reliance on this Act when acting within the scope 
 
 
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1of his or her employment. Representation and indemnification 
2shall be provided to State employees as set forth in Section 2 
3of the State Employee Indemnification Act.
4 (e) No law enforcement or correctional agency, nor any 
5person employed by a law enforcement or correctional agency, 
6shall be subject to criminal or civil liability, except for 
7willful and wanton misconduct, as a result of taking any action 
8within the scope of the official duties of the agency or person 
9to prohibit or prevent the possession or use of cannabis by a 
10person incarcerated at a correctional facility, jail, or 
11municipal lockup facility, on parole or mandatory supervised 
12release, or otherwise under the lawful jurisdiction of the 
13agency or person.
14 (f) For purposes of receiving medical care, including organ 
15transplants, a person's use of cannabis under this Act does not 
16constitute the use of an illicit substance or otherwise 
17disqualify a person from medical care.

18(Source: P.A. 101-27, eff. 6-25-19.)

19 (410 ILCS 705/10-30)

20 Sec. 10-30. Discrimination prohibited. 
21 (a) Neither the presence of cannabinoid components or 
22metabolites in a person's bodily fluids nor possession of 
23cannabis-related paraphernalia, nor conduct related to the use 
24of cannabis or the participation in cannabis-related 
25activities lawful under this Act by a custodial or noncustodial 
 
 
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1parent, grandparent, legal guardian, foster parent, or other 
2person charged with the well-being of a child, shall form the 
3sole or primary basis or supporting basis for any action or 
4proceeding by a child welfare agency or in a family or juvenile 
5court, any adverse finding, adverse evidence, or restriction of 
6any right or privilege in a proceeding related to adoption of a 
7child, acting as a foster parent of a child, or a person's 
8fitness to adopt a child or act as a foster parent of a child, 
9or serve as the basis of any adverse finding, adverse evidence, 
10or restriction of any right of privilege in a proceeding 
11related to guardianship, conservatorship, trusteeship, the 
12execution of a will, or the management of an estate, unless the 
13person's actions in relation to cannabis created an 
14unreasonable danger to the safety of the minor or otherwise 
15show the person to not be competent as established by clear and 
16convincing evidence. This subsection applies only to conduct 
17protected under this Act.
18 (b) No landlord may be penalized or denied any benefit 
19under State law for leasing to a person who uses cannabis under 
20this Act.
21 (c) Nothing in this Act may be construed to require any 
22person or establishment in lawful possession of property to 
23allow a guest, client, lessee, customer, or visitor to use 
24cannabis on or in that property, including on any land owned in 
25whole or in part or managed in whole or in part by the State.

26(Source: P.A. 101-27, eff. 6-25-19.)

 
 
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1 (410 ILCS 705/10-35)

2 Sec. 10-35. Limitations and penalties. 
3 (a) This Act does not permit any person to engage in, and 
4does not prevent the imposition of any civil, criminal, or 
5other penalties for engaging in, any of the following conduct:
6  (1) undertaking any task under the influence of 
7 cannabis when doing so would constitute negligence, 
8 professional malpractice, or professional misconduct;
9  (2) possessing cannabis:
10   (A) in a school bus, unless permitted for a 
11 qualifying patient or caregiver pursuant to the 
12 Compassionate Use of Medical Cannabis Pilot Program 
13 Act;
14   (B) on the grounds of any preschool or primary or 
15 secondary school, unless permitted for a qualifying 
16 patient or caregiver pursuant to the Compassionate Use 
17 of Medical Cannabis Pilot Program Act;
18   (C) in any correctional facility;
19   (D) in a vehicle not open to the public unless the 
20 cannabis is in a reasonably secured, sealed container 
21 and reasonably inaccessible while the vehicle is 
22 moving; or
23   (E) in a private residence that is used at any time 
24 to provide licensed child care or other similar social 
25 service care on the premises;
 
 
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1  (3) using cannabis:
2   (A) in a school bus, unless permitted for a 
3 qualifying patient or caregiver pursuant to the 
4 Compassionate Use of Medical Cannabis Pilot Program 
5 Act;
6   (B) on the grounds of any preschool or primary or 
7 secondary school, unless permitted for a qualifying 
8 patient or caregiver pursuant to the Compassionate Use 
9 of Medical Cannabis Pilot Program Act;
10   (C) in any correctional facility;
11   (D) in any motor vehicle;
12   (E) in a private residence that is used at any time 
13 to provide licensed child care or other similar social 
14 service care on the premises;
15   (F) in any public place; or
16   (G) knowingly in close physical proximity to 
17 anyone under 21 years of age who is not a registered 
18 medical cannabis patient under the Compassionate Use 
19 of Medical Cannabis Pilot Program Act;
20  (4) smoking cannabis in any place where smoking is 
21 prohibited under the Smoke Free Illinois Act;
22  (5) operating, navigating, or being in actual physical 
23 control of any motor vehicle, aircraft, watercraft, or 
24 snowmobile while using or under the influence of cannabis 
25 in violation of Section 11-501 or 11-502.1 of the Illinois 
26 Vehicle Code, Section 5-16 of the Boat Registration and 
 
 
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1 Safety Act, or Section 5-7 of the Snowmobile Registration 
2 and Safety Act or motorboat while using or under the 
3 influence of cannabis in violation of Section 11-501 or 
4 11-502.1 of the Illinois Vehicle Code;
5  (6) facilitating the use of cannabis by any person who 
6 is not allowed to use cannabis under this Act or the 
7 Compassionate Use of Medical Cannabis Pilot Program Act;
8  (7) transferring cannabis to any person contrary to 
9 this Act or the Compassionate Use of Medical Cannabis Pilot 
10 Program Act;
11  (8) the use of cannabis by a law enforcement officer, 
12 corrections officer, probation officer, or firefighter 
13 while on duty; nothing in this Act prevents a public 
14 employer of law enforcement officers, corrections 
15 officers, probation officers, paramedics, or firefighters 
16 from prohibiting or taking disciplinary action for the 
17 consumption, possession, sales, purchase, or delivery of 
18 cannabis or cannabis-infused substances while on or off 
19 duty, unless provided for in the employer's policies. 
20 However, an employer may not take adverse employment action 
21 against an employee based solely on the lawful possession 
22 or consumption of cannabis or cannabis-infused substances 
23 by members of the employee's household. To the extent that 
24 this Section conflicts with any applicable collective 
25 bargaining agreement, the provisions of the collective 
26 bargaining agreement shall prevail. Further, nothing in 
 
 
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1 this Act shall be construed to limit in any way the right 
2 to collectively bargain over the subject matters contained 
3 in this Act; or
4  (9) the use of cannabis by a person who has a school 
5 bus permit or a Commercial Driver's License while on duty. 
6 As used in this Section, "public place" means any place 
7where a person could reasonably be expected to be observed by 
8others. "Public place" includes all parts of buildings owned in 
9whole or in part, or leased, by the State or a unit of local 
10government. "Public place" includes all areas in a park, 
11recreation area, wildlife area or playground owned in whole or 
12in part, leased, or managed by the State. "Public place" does 
13not include a private residence unless the private residence is 
14used to provide licensed child care, foster care, or other 
15similar social service care on the premises.
16 (b) Nothing in this Act shall be construed to prevent the 
17arrest or prosecution of a person for reckless driving or 
18driving under the influence of cannabis, operating a watercraft 
19under the influence of cannabis, or operating a snowmobile 
20under the influence of cannabis if probable cause exists. 
21 (c) Nothing in this Act shall prevent a private business 
22from restricting or prohibiting the use of cannabis on its 
23property, including areas where motor vehicles are parked.
24 (d) Nothing in this Act shall require an individual or 
25business entity to violate the provisions of federal law, 
26including colleges or universities that must abide by the 
 
 
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1Drug-Free Schools and Communities Act Amendments of 1989, that 
2require campuses to be drug free.

3(Source: P.A. 101-27, eff. 6-25-19.)

4 (410 ILCS 705/10-40)

5 Sec. 10-40. Restore, Reinvest, and Renew Program. 
6 (a) The General Assembly finds that in order to address the 
7disparities described below, aggressive approaches and 
8targeted resources to support local design and control of 
9community-based responses to these outcomes are required. To 
10carry out this intent, the Restore, Reinvest, and Renew (R3) 
11Program is created for the following purposes:
12  (1) to directly address the impact of economic 
13 disinvestment, violence, and the historical overuse of 
14 criminal justice responses to community and individual 
15 needs by providing resources to support local design and 
16 control of community-based responses to these impacts;
17  (2) to substantially reduce both the total amount of 
18 gun violence and concentrated poverty in this State;
19  (3) to protect communities from gun violence through 
20 targeted investments and intervention programs, including 
21 economic growth and improving family violence prevention, 
22 community trauma treatment rates, gun injury victim 
23 services, and public health prevention activities;
24  (4) to promote employment infrastructure and capacity 
25 building related to the social determinants of health in 
 
 
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1 the eligible community areas.
2 (b) In this Section, "Authority" means the Illinois 
3Criminal Justice Information Authority in coordination with 
4the Justice, Equity, and Opportunity Initiative of the 
5Lieutenant Governor's Office.
6 (c) Eligibility of R3 Areas. Within 180 days after the

7effective date of this Act, the Authority shall identify as

8eligible, areas in this State by way of historically recognized

9geographic boundaries, to be designated by the Restore, 
10Reinvest, and Renew Program Board as R3 Areas and therefore 
11eligible
to apply for R3 funding. Local groups within R3 Areas 
12will be
eligible to apply for State funding through the 
13Restore, Reinvest, and Renew Program Board. Qualifications for 
14designation as an R3 Area are as follows:
15  (1) Based on an analysis of data, communities in this 
16 State that are high need, underserved, disproportionately 
17 impacted by historical economic disinvestment, and ravaged 
18 by violence as indicated by the highest rates of gun 
19 injury, unemployment, child poverty rates, and commitments 
20 to and returns from the Illinois Department of Corrections.
21  (2) The Authority shall send to the Legislative Audit 
22 Commission and make publicly available its analysis and 
23 identification of eligible R3 Areas and shall recalculate 
24 the he eligibility data every 4 years. On an annual basis, 
25 the Authority shall analyze data and indicate if data 
26 covering any R3 Area or portion of an Area has, for 4 
 
 
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1 consecutive years, substantially deviated from the average 
2 of statewide data on which the original calculation was 
3 made to determine the Areas, including disinvestment, 
4 violence, gun injury, unemployment, child poverty rates, 
5 or commitments to or returns from the Illinois Department 
6 of Corrections.
7 (d) The Restore, Reinvest, and Renew Program Board shall 
8encourage collaborative partnerships within each R3 Area to 
9minimize multiple partnerships per Area.
10 (e) The Restore, Reinvest, and Renew Program Board is 
11created and shall reflect the diversity of the State of 
12Illinois, including geographic, racial, and ethnic diversity. 
13Using the data provided by the Authority, the Restore, 
14Reinvest, and Renew Program Board shall be responsible for 
15designating the R3 Area boundaries and for the selection and 
16oversight of R3 Area grantees. The Restore, Reinvest, and Renew 
17Program Board ex officio members shall, within 4 months after 
18the effective date of this Act, convene the Board to appoint a 
19full Restore, Reinvest, and Renew Program Board and oversee, 
20provide guidance to, and develop an administrative structure 
21for the R3 Program.
22   (1) The ex officio members are:
23    (A) The Lieutenant Governor, or his or her 
24 designee, who shall serve as chair.
25    (B) The Attorney General, or his or her 
26 designee.
 
 
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1    (C) The Director of Commerce and Economic 
2 Opportunity, or his or her designee.
3    (D) The Director of Public Health, or his or 
4 her designee.
5    (E) The Director of Corrections, or his or her 
6 designee.
7    (F) The Director of Juvenile Justice, or his or 
8 her designee.
9    (G) The Director of Children and Family 
10 Services, or his or her designee.
11    (H) (F) The Executive Director of the Illinois 
12 Criminal Justice Information Authority, or his or 
13 her designee.
14    (I) (G) The Director of Employment Security, 
15 or his or her designee.
16    (J) (H) The Secretary of Human Services, or his 
17 or her designee.
18    (K) (I) A member of the Senate, designated by 
19 the President of the Senate.
20    (L) (J) A member of the House of 
21 Representatives, designated by the Speaker of the 
22 House of Representatives.
23    (M) (K) A member of the Senate, designated by 
24 the Minority Leader of the Senate.
25    (N) (L) A member of the House of 
26 Representatives, designated by the Minority Leader 
 
 
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1 of the House of Representatives.
2  (2) Within 90 days after the R3 Areas have been 
3 designated by the Restore, Reinvest, and Renew Program 
4 Board, the following members shall be appointed to the 
5 Board by the R3 board chair:
6   (A) Eight public officials of municipal geographic 
7 jurisdictions in the State that include an R3 Area, or 
8 their designees;
9   (B) Four 4 community-based providers or community 
10 development organization representatives who provide 
11 services to treat violence and address the social 
12 determinants of health, or promote community 
13 investment, including, but not limited to, services 
14 such as job placement and training, educational 
15 services, workforce development programming, and 
16 wealth building. The community-based organization 
17 representatives shall work primarily in jurisdictions 
18 that include an R3 Area and no more than 2 
19 representatives shall work primarily in Cook County. 
20 At least one of the community-based providers shall 
21 have expertise in providing services to an immigrant 
22 population;
23   (C) Two experts in the field of violence reduction;
24   (D) One male who has previously been incarcerated 
25 and is over the age of 24 at the time of appointment;
26   (E) One female who has previously been 
 
 
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1 incarcerated and is over the age of 24 at the time of 
2 appointment;
3   (F) Two individuals who have previously been 
4 incarcerated and are between the ages of 17 and 24 at 
5 the time of appointment.
6  As used in this paragraph (2), "an individual who has 
7 been previously incarcerated" means a person who has been 
8 convicted of or pled guilty to one or more felonies, who 
9 was sentenced to a term of imprisonment, and who has 
10 completed his or her sentence. Board members shall serve 
11 without compensation and may be reimbursed for reasonable 
12 expenses incurred in the performance of their duties from 
13 funds appropriated for that purpose. Once all its members 
14 have been appointed as outlined in items (A) through (F) of 
15 this paragraph (2), the Board may exercise any power, 
16 perform any function, take any action, or do anything in 
17 furtherance of its purposes and goals upon the appointment 
18 of a quorum of its members. The Board terms of the non-ex 
19 officio and General Assembly Board members shall end 4 
20 years from the date of appointment.
21 (f) Within 12 months after the effective date of this Act, 
22the Board shall:
23  (1) develop a process to solicit applications from 
24 eligible R3 Areas;
25  (2) develop a standard template for both planning and 
26 implementation activities to be submitted by R3 Areas to 
 
 
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1 the State;
2  (3) identify resources sufficient to support the full 
3 administration and evaluation of the R3 Program, including 
4 building and sustaining core program capacity at the 
5 community and State levels;
6  (4) review R3 Area grant applications and proposed 
7 agreements and approve the distribution of resources;
8  (5) develop a performance measurement system that 
9 focuses on positive outcomes; 
10  (6) develop a process to support ongoing monitoring and 
11 evaluation of R3 programs; and
12  (7) deliver an annual report to the General Assembly 
13 and to the Governor to be posted on the Governor's Office 
14 and General Assembly websites and provide to the public an 
15 annual report on its progress.
16 (g) R3 Area grants.
17  (1) Grant funds shall be awarded by the Illinois 
18 Criminal Justice Information Authority, in coordination 
19 with the R3 board, based on the likelihood that the plan 
20 will achieve the outcomes outlined in subsection (a) and 
21 consistent with the requirements of the Grant 
22 Accountability and Transparency Act. The R3 Program shall 
23 also facilitate the provision of training and technical 
24 assistance for capacity building within and among R3 Areas.
25  (2) R3 Program Board grants shall be used to address 
26 economic development, violence prevention services, 
 
 
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1 re-entry services, youth development, and civil legal aid.
2  (3) The Restore, Reinvest, and Renew Program Board and 
3 the R3 Area grantees shall, within a period of no more than 
4 120 days from the completion of planning activities 
5 described in this Section, finalize an agreement on the 
6 plan for implementation. Implementation activities may:
7   (A) have a basis in evidence or best practice 
8 research or have evaluations demonstrating the 
9 capacity to address the purpose of the program in 
10 subsection (a); 
11   (B) collect data from the inception of planning 
12 activities through implementation, with data 
13 collection technical assistance when needed, including 
14 cost data and data related to identified meaningful 
15 short-term, mid-term, and long-term goals and metrics;
16   (C) report data to the Restore, Reinvest, and Renew 
17 Program Board biannually; and
18   (D) report information as requested by the R3 
19 Program Board.

20(Source: P.A. 101-27, eff. 6-25-19.)

21 (410 ILCS 705/10-50)

22 Sec. 10-50. Employment; employer liability. 
23 (a) Nothing in this Act shall prohibit an employer from 
24adopting reasonable zero tolerance or drug free workplace 
25policies, or employment policies concerning drug testing, 
 
 
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1smoking, consumption, storage, or use of cannabis in the 
2workplace or while on call provided that the policy is applied 
3in a nondiscriminatory manner.
4 (b) Nothing in this Act shall require an employer to permit 
5an employee to be under the influence of or use cannabis in the 
6employer's workplace or while performing the employee's job 
7duties or while on call.
8 (c) Nothing in this Act shall limit or prevent an employer 
9from disciplining an employee or terminating employment of an 
10employee for violating an employer's employment policies or 
11workplace drug policy.
12 (d) An employer may consider an employee to be impaired or 
13under the influence of cannabis if the employer has a good 
14faith belief that an employee manifests specific, articulable 
15symptoms while working that decrease or lessen the employee's 
16performance of the duties or tasks of the employee's job 
17position, including symptoms of the employee's speech, 
18physical dexterity, agility, coordination, demeanor, 
19irrational or unusual behavior, or negligence or carelessness 
20in operating equipment or machinery; disregard for the safety 
21of the employee or others, or involvement in any accident that 
22results in serious damage to equipment or property; disruption 
23of a production or manufacturing process; or carelessness that 
24results in any injury to the employee or others. If an employer 
25elects to discipline an employee on the basis that the employee 
26is under the influence or impaired by cannabis, the employer 
 
 
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1must afford the employee a reasonable opportunity to contest 
2the basis of the determination. 
3 (e) Nothing in this Act shall be construed to create or 
4imply a cause of action for any person against an employer for:
5  (1) actions taken pursuant to an employer's reasonable 
6 workplace drug policy, including but not limited to 
7 subjecting an employee or applicant to reasonable drug and 
8 alcohol testing, reasonable and nondiscriminatory random 
9 drug testing, and discipline, termination of employment, 
10 or withdrawal of a job offer due to a failure of a drug 
11 test; , including but not limited to subjecting an employee 
12 or applicant to reasonable drug and alcohol testing under 
13 the employer's workplace drug policy, including an 
14 employee's refusal to be tested or to cooperate in testing 
15 procedures or disciplining or termination of employment, 
16  (2) actions based on the employer's good faith belief 
17 that an employee used or possessed cannabis in the 
18 employer's workplace or while performing the employee's 
19 job duties or while on call in violation of the employer's 
20 employment policies;
21  (3) (2) actions, including discipline or termination 
22 of employment, based on the employer's good faith belief 
23 that an employee was impaired as a result of the use of 
24 cannabis, or under the influence of cannabis, while at the 
25 employer's workplace or while performing the employee's 
26 job duties or while on call in violation of the employer's 
 
 
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1 workplace drug policy; or
2  (4) (3) injury, loss, or liability to a third party if 
3 the employer neither knew nor had reason to know that the 
4 employee was impaired.
5 (f) Nothing in this Act shall be construed to enhance or 
6diminish protections afforded by any other law, including but 
7not limited to the Compassionate Use of Medical Cannabis Pilot 
8Program Act or the Opioid Alternative Pilot Program.
9 (g) Nothing in this Act shall be construed to interfere 
10with any federal, State, or local restrictions on employment 
11including, but not limited to, the United States Department of 
12Transportation regulation 49 CFR 40.151(e) or impact an 
13employer's ability to comply with federal or State law or cause 
14it to lose a federal or State contract or funding.
15 (h) As used in this Section, "workplace" means the 
16employer's premises, including any building, real property, 
17and parking area under the control of the employer or area used 
18by an employee while in the performance of the employee's job 
19duties, and vehicles, whether leased, rented, or owned. 
20"Workplace" may be further defined by the employer's written 
21employment policy, provided that the policy is consistent with 
22this Section.
23 (i) For purposes of this Section, an employee is deemed "on 
24call" when such employee is scheduled with at least 24 hours' 
25notice by his or her employer to be on standby or otherwise 
26responsible for performing tasks related to his or her 
 
 
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1employment either at the employer's premises or other 
2previously designated location by his or her employer or 
3supervisor to perform a work-related task.

4(Source: P.A. 101-27, eff. 6-25-19.)

5 (410 ILCS 705/15-15)

6 Sec. 15-15. Early Approval Adult Use Dispensing 
7Organization License. 
8 (a) Any medical cannabis dispensing organization holding a 
9valid registration under the Compassionate Use of Medical 
10Cannabis Pilot Program Act as of the effective date of this Act 
11may, within 60 days of the effective date of this Act, apply to 
12the Department for an Early Approval Adult Use Dispensing 
13Organization License to serve purchasers at any medical 
14cannabis dispensing location in operation on the effective date 
15of this Act, pursuant to this Section.
16 (b) A medical cannabis dispensing organization seeking 
17issuance of an Early Approval Adult Use Dispensing Organization 
18License to serve purchasers at any medical cannabis dispensing 
19location in operation as of the effective date of this Act 
20shall submit an application on forms provided by the 
21Department. The application must be submitted by the same 
22person or entity that holds the medical cannabis dispensing 
23organization registration and include the following: 
24  (1) Payment of a nonrefundable fee of $30,000 to be 
25 deposited into the Cannabis Regulation Fund;
 
 
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1  (2) Proof of registration as a medical cannabis 
2 dispensing organization that is in good standing;
3  (3) Certification that the applicant will comply with 
4 the requirements contained in the Compassionate Use of 
5 Medical Cannabis Pilot Program Act except as provided in 
6 this Act;
7  (4) The legal name of the dispensing organization;
8  (5) The physical address of the dispensing 
9 organization;
10  (6) The name, address, social security number, and date 
11 of birth of each principal officer and board member of the 
12 dispensing organization, each of whom must be at least 21 
13 years of age;
14  (7) A nonrefundable Cannabis Business Development Fee 
15 equal to 3% of the dispensing organization's total sales 
16 between June 1, 2018 to June 1, 2019, or $100,000, 
17 whichever is less, to be deposited into the Cannabis 
18 Business Development Fund; and 
19  (8) Identification of one of the following Social 
20 Equity Inclusion Plans to be completed by March 31, 2021:
21   (A) Make a contribution of 3% of total sales from 
22 June 1, 2018 to June 1, 2019, or $100,000, whichever is 
23 less, to the Cannabis Business Development Fund. This 
24 is in addition to the fee required by item (7) of this 
25 subsection (b);
26   (B) Make a grant of 3% of total sales from June 1, 
 
 
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1 2018 to June 1, 2019, or $100,000, whichever is less, 
2 to a cannabis industry training or education program at 
3 an Illinois community college as defined in the Public 
4 Community College Act;
5   (C) Make a donation of $100,000 or more to a 
6 program that provides job training services to persons 
7 recently incarcerated or that operates in a 
8 Disproportionately Impacted Area;
9   (D) Participate as a host in a cannabis business 
10 establishment incubator program approved by the 
11 Department of Commerce and Economic Opportunity, and 
12 in which an Early Approval Adult Use Dispensing 
13 Organization License holder agrees to provide a loan of 
14 at least $100,000 and mentorship to incubate, for at 
15 least a year, a Social Equity Applicant intending to 
16 seek a license a licensee that qualifies as a Social 
17 Equity Applicant for at least a year. As used in this 
18 Section, "incubate" means providing direct financial 
19 assistance and training necessary to engage in 
20 licensed cannabis industry activity similar to that of 
21 the host licensee. The Early Approval Adult Use 
22 Dispensing Organization License holder or the same 
23 entity holding any other licenses issued pursuant to 
24 this Act shall not take an ownership stake of greater 
25 than 10% in any business receiving incubation services 
26 to comply with this subsection. If an Early Approval 
 
 
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1 Adult Use Dispensing Organization License holder fails 
2 to find a business to incubate to comply with this 
3 subsection before its Early Approval Adult Use 
4 Dispensing Organization License expires, it may opt to 
5 meet the requirement of this subsection by completing 
6 another item from this subsection; or
7   (E) Participate in a sponsorship program for at 
8 least 2 years approved by the Department of Commerce 
9 and Economic Opportunity in which an Early Approval 
10 Adult Use Dispensing Organization License holder 
11 agrees to provide an interest-free loan of at least 
12 $200,000 to a Social Equity Applicant. The sponsor 
13 shall not take an ownership stake in any cannabis 
14 business establishment receiving sponsorship services 
15 to comply with this subsection.
16 (c) The license fee required by paragraph (1) of subsection 
17(b) of this Section shall be in addition to any license fee 
18required for the renewal of a registered medical cannabis 
19dispensing organization license. 
20 (d) Applicants must submit all required information, 
21including the requirements in subsection (b) of this Section, 
22to the Department. Failure by an applicant to submit all 
23required information may result in the application being 
24disqualified.
25 (e) If the Department receives an application that fails to 
26provide the required elements contained in subsection (b), the 
 
 
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1Department shall issue a deficiency notice to the applicant. 
2The applicant shall have 10 calendar days from the date of the 
3deficiency notice to submit complete information. Applications 
4that are still incomplete after this opportunity to cure may be 
5disqualified.
6 (f) If an applicant meets all the requirements of 
7subsection (b) of this Section, the Department shall issue the 
8Early Approval Adult Use Dispensing Organization License 
9within 14 days of receiving a completed application unless:
10  (1) The licensee or a principal officer is delinquent 
11 in filing any required tax returns or paying any amounts 
12 owed to the State of Illinois;
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 or
18  (3) Any principal officer fails to register and remain 
19 in compliance with this Act or the Compassionate Use of 
20 Medical Cannabis Pilot Program Act.
21 (g) A registered medical cannabis dispensing organization 
22that obtains an Early Approval Adult Use Dispensing 
23Organization License may begin selling cannabis, 
24cannabis-infused products, paraphernalia, and related items to 
25purchasers under the rules of this Act no sooner than January 
261, 2020.
 
 
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1 (h) A dispensing organization holding a medical cannabis 
2dispensing organization license issued under the Compassionate 
3Use of Medical Cannabis Pilot Program Act must maintain an 
4adequate supply of cannabis and cannabis-infused products for 
5purchase by qualifying patients, caregivers, provisional 
6patients, and Opioid Alternative Pilot Program participants. 
7For the purposes of this subsection, "adequate supply" means a 
8monthly inventory level that is comparable in type and quantity 
9to those medical cannabis products provided to patients and 
10caregivers on an average monthly basis for the 6 months before 
11the effective date of this Act.
12 (i) If there is a shortage of cannabis or cannabis-infused 
13products, a dispensing organization holding both a dispensing 
14organization license under the Compassionate Use of Medical 
15Cannabis Pilot Program Act and this Act shall prioritize 
16serving qualifying patients, caregivers, provisional patients, 
17and Opioid Alternative Pilot Program participants before 
18serving purchasers.
19 (j) Notwithstanding any law or rule to the contrary, a 
20person that holds a medical cannabis dispensing organization 
21license issued under the Compassionate Use of Medical Cannabis 
22Pilot Program Act and an Early Approval Adult Use Dispensing 
23Organization License may permit purchasers into a limited 
24access area as that term is defined in administrative rules 
25made under the authority in the Compassionate Use of Medical 
26Cannabis Pilot Program Act.
 
 
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1 (k) An Early Approval Adult Use Dispensing Organization 
2License is valid until March 31, 2021. A dispensing 
3organization that obtains an Early Approval Adult Use 
4Dispensing Organization License shall receive written or 
5electronic notice 90 days before the expiration of the license 
6that the license will expire, and that informs inform the 
7license holder that it may apply to renew its Early Approval 
8Adult Use Dispensing Organization License on forms provided by 
9the Department. The Department shall renew the Early Approval 
10Adult Use Dispensing Organization License within 60 days of the 
11renewal application being deemed complete if:
12  (1) the dispensing organization submits an application 
13 and the required nonrefundable renewal fee of $30,000, to 
14 be deposited into the Cannabis Regulation Fund;
15  (2) the Department has not suspended or permanently 
16 revoked the Early Approval Adult Use Dispensing 
17 Organization License or a medical cannabis dispensing 
18 organization license on the same premises for violations of 
19 this Act, the Compassionate Use of Medical Cannabis Pilot 
20 Program Act, or rules adopted pursuant to those Acts; and
21  (3) the dispensing organization has completed a Social 
22 Equity Inclusion Plan as provided required by parts (A), 
23 (B), and (C) of paragraph (8) of subsection (b) of this 
24 Section or has made substantial progress toward completing 
25 a Social Equity Inclusion Plan as provided by parts (D) and 
26 (E) of paragraph (8) of subsection (b) of this Section; and
 
 
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1  (4) the dispensing organization is in compliance with 
2 this Act and rules.
3 (l) The Early Approval Adult Use Dispensing Organization 
4License renewed pursuant to subsection (k) of this Section 
5shall expire March 31, 2022. The Early Approval Adult Use 
6Dispensing Organization Licensee shall receive written or 
7electronic notice 90 days before the expiration of the license 
8that the license will expire, and that informs inform the 
9license holder that it may apply for an Adult Use Dispensing 
10Organization License on forms provided by the Department. The 
11Department shall grant an Adult Use Dispensing Organization 
12License within 60 days of an application being deemed complete 
13if the applicant has met all of the criteria in Section 15-36.
14 (m) If a dispensing organization dispensary fails to submit 
15an application for renewal of an Early Approval Adult Use 
16Dispensing Organization License or for an Adult Use Dispensing 
17Organization License before the expiration dates provided in 
18subsections (k) and (l) of the Early Approval Adult Use 
19Dispensing Organization License pursuant to subsection (k) of 
20this Section, the dispensing organization shall cease serving 
21purchasers and cease all operations until it receives a renewal 
22or an Adult Use Dispensing Organization License, as the case 
23may be.
24 (n) A dispensing organization agent who holds a valid 
25dispensing organization agent identification card issued under 
26the Compassionate Use of Medical Cannabis Pilot Program Act and 
 
 
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1is an officer, director, manager, or employee of the dispensing 
2organization licensed under this Section may engage in all 
3activities authorized by this Article to be performed by a 
4dispensing organization agent.
5 (o) If the Department suspends, permanently revokes, or 
6otherwise disciplines the Early Approval Adult Use Dispensing 
7Organization License of a dispensing organization that also 
8holds a medical cannabis dispensing organization license 
9issued under the Compassionate Use of Medical Cannabis Program 
10Act, the Department may consider the suspension, permanent 
11revocation, or other discipline of the medical cannabis 
12dispensing organization license.
13 (p) (o) All fees collected pursuant to this Section shall 
14be deposited into the Cannabis Regulation Fund, unless 
15otherwise specified.

16(Source: P.A. 101-27, eff. 6-25-19.)

17 (410 ILCS 705/15-20)

18 Sec. 15-20. Early Approval Adult Use Dispensing 
19Organization License; secondary site. 
20 (a) If the Department suspends or revokes the Early 
21Approval Adult Use Dispensing Organization License of a 
22dispensing organization that also holds a medical cannabis 
23dispensing organization license issued under the Compassionate 
24Use of Medical Cannabis Pilot Program Act, the Department may 
25consider the suspension or revocation as grounds to take 
 
 
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1disciplinary action against the medical cannabis dispensing 
2organization license.
3 (a-5) If, within 360 days of the effective date of this 
4Act, a dispensing organization is unable to find a location 
5within the BLS Regions prescribed in subsection (a) of this 
6Section in which to operate an Early Approval Adult Use 
7Dispensing Organization at a secondary site because no 
8jurisdiction within the prescribed area allows the operation of 
9an Adult Use Cannabis Dispensing Organization, the Department 
10of Financial and Professional Regulation may waive the 
11geographic restrictions of subsection (a) of this Section and 
12specify another BLS Region into which the dispensary may be 
13placed.
14 (a) (b) Any medical cannabis dispensing organization 
15holding a valid registration under the Compassionate Use of 
16Medical Cannabis Pilot Program Act as of the effective date of 
17this Act may, within 60 days of the effective date of this Act, 
18apply to the Department for an Early Approval Adult Use 
19Dispensing Organization License to operate a dispensing 
20organization to serve purchasers at a secondary site not within 
211,500 feet of another medical cannabis dispensing organization 
22or adult use dispensing organization. The Early Approval Adult 
23Use Dispensing Organization secondary site shall be within any 
24BLS Region region that shares territory with the dispensing 
25organization district to which the medical cannabis dispensing 
26organization is assigned under the administrative rules for 
 
 
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1dispensing organizations under the Compassionate Use of 
2Medical Cannabis Pilot Program Act.
3 (a-5) If, within 360 days of the effective date of this 
4Act, a dispensing organization is unable to find a location 
5within the BLS Regions prescribed in subsection (a) of this 
6Section in which to operate an Early Approval Adult Use 
7Dispensing Organization at a secondary site because no 
8jurisdiction within the prescribed area allows the operation of 
9an Adult Use Cannabis Dispensing Organization, the Department 
10of Financial and Professional Regulation may waive the 
11geographic restrictions of subsection (a) of this Section and 
12specify another BLS Region into which the dispensary may be 
13placed.
14 (b) (Blank). 
15 (c) A medical cannabis dispensing organization seeking 
16issuance of an Early Approval Adult Use Dispensing Organization 
17License at a secondary site to serve purchasers at a secondary 
18site as prescribed in subsection (a) (b) of this Section shall 
19submit an application on forms provided by the Department. The 
20application must meet or include the following qualifications:
21  (1) a payment of a nonrefundable application fee of 
22 $30,000;
23  (2) proof of registration as a medical cannabis 
24 dispensing organization that is in good standing;
25  (3) submission of the application by the same person or 
26 entity that holds the medical cannabis dispensing 
 
 
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1 organization registration;
2  (4) the legal name of the medical cannabis dispensing 
3 organization;
4  (5) the physical address of the medical cannabis 
5 dispensing organization and the proposed physical address 
6 of the secondary site; 
7  (6) a copy of the current local zoning ordinance 
8 Sections relevant to dispensary operations and 
9 documentation of the approval, the conditional approval or 
10 the status of a request for zoning approval from the local 
11 zoning office that the proposed dispensary location is in 
12 compliance with the local zoning rules;
13  (7) a plot plan of the dispensary drawn to scale. The 
14 applicant shall submit general specifications of the 
15 building exterior and interior layout;
16  (8) a statement that the dispensing organization 
17 agrees to respond to the Department's supplemental 
18 requests for information;
19  (9) for the building or land to be used as the proposed 
20 dispensary:
21   (A) if the property is not owned by the applicant, 
22 a written statement from the property owner and 
23 landlord, if any, certifying consent that the 
24 applicant may operate a dispensary on the premises; or
25   (B) if the property is owned by the applicant, 
26 confirmation of ownership;
 
 
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1  (10) a copy of the proposed operating bylaws;
2  (11) a copy of the proposed business plan that complies 
3 with the requirements in this Act, including, at a minimum, 
4 the following:
5   (A) a description of services to be offered; and 
6   (B) a description of the process of dispensing 
7 cannabis;
8  (12) a copy of the proposed security plan that complies 
9 with the requirements in this Article, including:
10   (A) a description of the delivery process by which 
11 cannabis will be received from a transporting 
12 organization, including receipt of manifests and 
13 protocols that will be used to avoid diversion, theft, 
14 or loss at the dispensary acceptance point; and
15   (B) the process or controls that will be 
16 implemented to monitor the dispensary, secure the 
17 premises, agents, patients, and currency, and prevent 
18 the diversion, theft, or loss of cannabis; and 
19   (C) the process to ensure that access to the 
20 restricted access areas is restricted to, registered 
21 agents, service professionals, transporting 
22 organization agents, Department inspectors, and 
23 security personnel;
24  (13) a proposed inventory control plan that complies 
25 with this Section;
26  (14) the name, address, social security number, and 
 
 
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1 date of birth of each principal officer and board member of 
2 the dispensing organization; each of those individuals 
3 shall be at least 21 years of age; 
4  (15) a nonrefundable Cannabis Business Development Fee 
5 equal to $200,000, to be deposited into the Cannabis 
6 Business Development Fund; and
7  (16) a commitment to completing one of the following 
8 Social Equity Inclusion Plans in subsection (d).
9 (d) Before receiving an Early Approval Adult Use Dispensing 
10Organization License at a secondary site, a dispensing 
11organization shall indicate the Social Equity Inclusion Plan 
12that the applicant plans to achieve before the expiration of 
13the Early Approval Adult Use Dispensing Organization License 
14from the list below:
15  (1) make a contribution of 3% of total sales from June 
16 1, 2018 to June 1, 2019, or $100,000, whichever is less, to 
17 the Cannabis Business Development Fund. This is in addition 
18 to the fee required by paragraph (16) of subsection (c) of 
19 this Section;
20  (2) make a grant of 3% of total sales from June 1, 2018 
21 to June 1, 2019, or $100,000, whichever is less, to a 
22 cannabis industry training or education program at an 
23 Illinois community college as defined in the Public 
24 Community College Act;
25  (3) make a donation of $100,000 or more to a program 
26 that provides job training services to persons recently 
 
 
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1 incarcerated or that operates in a Disproportionately 
2 Impacted Area;
3  (4) participate as a host in a cannabis business 
4 establishment incubator program approved by the Department 
5 of Commerce and Economic Opportunity, and in which an Early 
6 Approval Adult Use Dispensing Organization License at a 
7 secondary site holder agrees to provide a loan of at least 
8 $100,000 and mentorship to incubate a licensee that 
9 qualifies as a Social Equity Applicant for at least a year. 
10 In this paragraph (4), "incubate" means providing direct 
11 financial assistance and training necessary to engage in 
12 licensed cannabis industry activity similar to that of the 
13 host licensee. The Early Approval Adult Use Dispensing 
14 Organization License holder or the same entity holding any 
15 other licenses issued under this Act shall not take an 
16 ownership stake of greater than 10% in any business 
17 receiving incubation services to comply with this 
18 subsection. If an Early Approval Adult Use Dispensing 
19 Organization License at a secondary site holder fails to 
20 find a business to incubate in order to comply with this 
21 subsection before its Early Approval Adult Use Dispensing 
22 Organization License at a secondary site expires, it may 
23 opt to meet the requirement of this subsection by 
24 completing another item from this subsection before the 
25 expiration of its Early Approval Adult Use Dispensing 
26 Organization License at a secondary site to avoid a 
 
 
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1 penalty; or
2  (5) participate in a sponsorship program for at least 2 
3 years approved by the Department of Commerce and Economic 
4 Opportunity in which an Early Approval Adult Use Dispensing 
5 Organization License at a secondary site holder agrees to 
6 provide an interest-free loan of at least $200,000 to a 
7 Social Equity Applicant. The sponsor shall not take an 
8 ownership stake of greater than 10% in any business 
9 receiving sponsorship services to comply with this 
10 subsection.
11 (e) The license fee required by paragraph (1) of subsection 
12(c) of this Section is in addition to any license fee required 
13for the renewal of a registered medical cannabis dispensing 
14organization license. 
15 (f) Applicants must submit all required information, 
16including the requirements in subsection (c) of this Section, 
17to the Department. Failure by an applicant to submit all 
18required information may result in the application being 
19disqualified. Principal officers shall not be required to 
20submit to the fingerprint and background check requirements of 
21Section 5-20.
22 (g) If the Department receives an application that fails to 
23provide the required elements contained in subsection (c), the 
24Department shall issue a deficiency notice to the applicant. 
25The applicant shall have 10 calendar days from the date of the 
26deficiency notice to submit complete information. Applications 
 
 
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1that are still incomplete after this opportunity to cure may be 
2disqualified.
3 (h) Once all required information and documents have been 
4submitted, the Department will review the application. The 
5Department may request revisions and retains final approval 
6over dispensary features. Once the application is complete and 
7meets the Department's approval, the Department shall 
8conditionally approve the license. Final approval is 
9contingent on the build-out and Department inspection.
10 (i) Upon submission of the Early Approval Adult Use 
11Dispensing Organization at a secondary site application, the 
12applicant shall request an inspection and the Department may 
13inspect the Early Approval Adult Use Dispensing Organization's 
14secondary site to confirm compliance with the application and 
15this Act.
16 (j) The Department shall only issue an Early Approval Adult 
17Use Dispensing Organization License at a secondary site after 
18the completion of a successful inspection.
19 (k) If an applicant passes the inspection under this 
20Section, the Department shall issue the Early Approval Adult 
21Use Dispensing Organization License at a secondary site within 
2210 business days unless:
23  (1) The licensee, any principal officer or board member 
24 of the licensee, or any person having a financial or voting 
25 interest of 5% or greater in the licensee ; principal 
26 officer, board member, or person having a financial or 
 
 
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1 voting interest of 5% or greater in the licensee; or agent 
2 is delinquent in filing any required tax returns or paying 
3 any amounts owed to the State of Illinois; or
4  (2) The Secretary of Financial and Professional 
5 Regulation determines there is reason, based on documented 
6 compliance violations, the licensee is not entitled to an 
7 Early Approval Adult Use Dispensing Organization License 
8 at its secondary site.
9 (l) Once the Department has issued a license, the 
10dispensing organization shall notify the Department of the 
11proposed opening date. 
12 (m) A registered medical cannabis dispensing organization 
13that obtains an Early Approval Adult Use Dispensing 
14Organization License at a secondary site may begin selling 
15cannabis, cannabis-infused products, paraphernalia, and 
16related items to purchasers under the rules of this Act no 
17sooner than January 1, 2020.
18 (n) If there is a shortage of cannabis or cannabis-infused 
19products, a dispensing organization holding both a dispensing 
20organization license under the Compassionate Use of Medical 
21Cannabis Pilot Program Act and this Article shall prioritize 
22serving qualifying patients and caregivers before serving 
23purchasers.
24 (o) An Early Approval Adult Use Dispensing Organization 
25License at a secondary site is valid until March 31, 2021. A 
26dispensing organization that obtains an Early Approval Adult 
 
 
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1Use Dispensing Organization License at a secondary site shall 
2receive written or electronic notice 90 days before the 
3expiration of the license that the license will expire, and 
4inform the license holder that it may renew its Early Approval 
5Adult Use Dispensing Organization License at a secondary site. 
6The Department shall renew an Early Approval Adult Use 
7Dispensing Organization License at a secondary site within 60 
8days of submission of the renewal application being deemed 
9complete if:
10  (1) the dispensing organization submits an application 
11 and the required nonrefundable renewal fee of $30,000, to 
12 be deposited into the Cannabis Regulation Fund;
13  (2) the Department has not suspended or permanently 
14 revoked the Early Approval Adult Use Dispensing 
15 Organization License or a medical cannabis dispensing 
16 organization license held by the same person or entity for 
17 violating this Act or rules adopted under this Act or the 
18 Compassionate Use of Medical Cannabis Pilot Program Act or 
19 rules adopted under that Act; and
20  (3) the dispensing organization has completed a Social 
21 Equity Inclusion Plan provided as required by paragraph 
22 (1), (2), or (3) (16) of subsection (d) (c) of this Section 
23 or has made substantial progress toward completing a Social 
24 Equity Inclusion Plan provided by paragraph (4) or (5) of 
25 subsection (d) of this Section.  
26 (p) The Early Approval Adult Use Dispensing Organization 
 
 
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1Licensee at a secondary site renewed pursuant to subsection (o) 
2shall receive written or electronic notice 90 days before the 
3expiration of the license that the license will expire, and 
4that informs inform the license holder that it may apply for an 
5Adult Use Dispensing Organization License on forms provided by 
6the Department. The Department shall grant an Adult Use 
7Dispensing Organization License within 60 days of an 
8application being deemed complete if the applicant has meet all 
9of the criteria in Section 15-36.
10 (q) If a dispensing organization fails to submit an 
11application for renewal of an Early Approval Adult Use 
12Dispensing Organization License or for an Adult Use Dispensing 
13Organization License before the expiration dates provided in 
14subsections (o) and (p) of this Section, the dispensing 
15organization shall cease serving purchasers until it receives a 
16renewal or an Adult Use Dispensing Organization License.
17 (r) A dispensing organization agent who holds a valid 
18dispensing organization agent identification card issued under 
19the Compassionate Use of Medical Cannabis Pilot Program Act and 
20is an officer, director, manager, or employee of the dispensing 
21organization licensed under this Section may engage in all 
22activities authorized by this Article to be performed by a 
23dispensing organization agent.
24 (s) If the Department suspends, permanently revokes, or 
25otherwise disciplines the Early Approval Adult Use Dispensing 
26Organization License of a dispensing organization that also 
 
 
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1holds a medical cannabis dispensing organization license 
2issued under the Compassionate Use of Medical Cannabis Program 
3Act, the Department may consider the suspension, permanent 
4revocation, or other discipline or revokes the Early Approval 
5Adult Use Dispensing Organization License of a dispensing 
6organization that also holds a medical cannabis dispensing 
7organization license issued under the Compassionate Use of 
8Medical Cannabis Pilot Program Act, the Department may consider 
9the suspension or revocation as grounds to take disciplinary 
10action against the medical cannabis dispensing organization.
11 (t) All fees collected pursuant to this Section shall be 
12deposited into the Cannabis Regulation Fund, unless otherwise 
13specified or fines collected from an Early Approval Adult Use 
14Dispensary Organization License at a secondary site holder as a 
15result of a disciplinary action in the enforcement of this Act 
16shall be deposited into the Cannabis Regulation Fund and be 
17appropriated to the Department for the ordinary and contingent 
18expenses of the Department in the administration and 
19enforcement of this Section. 

20(Source: P.A. 101-27, eff. 6-25-19.)

21 (410 ILCS 705/15-25)

22 Sec. 15-25. Awarding of Conditional Adult Use Dispensing 
23Organization Licenses prior to January 1, 2021. 
24 (a) The Department shall issue up to 75 Conditional Adult 
25Use Dispensing Organization Licenses before May 1, 2020.
 
 
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1 (b) The Department shall make the application for a 
2Conditional Adult Use Dispensing Organization License 
3available no later than October 1, 2019 and shall accept 
4applications no later than January 1, 2020.
5 (c) To ensure the geographic dispersion of Conditional 
6Adult Use Dispensing Organization License holders, the 
7following number of licenses shall be awarded in each BLS 
8Region as determined by each region's percentage of the State's 
9population: 
10  (1) Bloomington: 1
11  (2) Cape Girardeau: 1
12  (3) Carbondale-Marion: 1
13  (4) Champaign-Urbana: 1
14  (5) Chicago-Naperville-Elgin: 47
15  (6) Danville: 1
16  (7) Davenport-Moline-Rock Island: 1
17  (8) Decatur: 1
18  (9) Kankakee: 1
19  (10) Peoria: 3
20  (11) Rockford: 2
21  (12) St. Louis: 4
22  (13) Springfield: 1
23  (14) Northwest Illinois nonmetropolitan: 3
24  (15) West Central Illinois nonmetropolitan: 3
25  (16) East Central Illinois nonmetropolitan: 2
26  (17) South Illinois nonmetropolitan: 2
 
 
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1 (d) An applicant seeking issuance of a Conditional Adult 
2Use Dispensing Organization License shall submit an 
3application on forms provided by the Department. An applicant 
4must meet the following requirements:
5  (1) Payment of a nonrefundable application fee of 
6 $5,000 for each license for which the applicant is 
7 applying, which shall be deposited into the Cannabis 
8 Regulation Fund;
9  (2) Certification that the applicant will comply with 
10 the requirements contained in this Act;
11  (3) The legal name of the proposed dispensing 
12 organization;
13  (4) A statement that the dispensing organization 
14 agrees to respond to the Department's supplemental 
15 requests for information; 
16  (5) From each principal officer, a statement 
17 indicating whether that person:
18   (A) has previously held or currently holds an 
19 ownership interest in a cannabis business 
20 establishment in Illinois; or
21   (B) has held an ownership interest in a dispensing 
22 organization or its equivalent in another state or 
23 territory of the United States that had the dispensing 
24 organization registration or license suspended, 
25 revoked, placed on probationary status, or subjected 
26 to other disciplinary action;
 
 
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1  (6) Disclosure of whether any principal officer has 
2 ever filed for bankruptcy or defaulted on spousal support 
3 or child support obligation;
4  (7) A resume for each principal officer, including 
5 whether that person has an academic degree, certification, 
6 or relevant experience with a cannabis business 
7 establishment or in a related industry;
8  (8) A description of the training and education that 
9 will be provided to dispensing organization agents;
10  (9) A copy of the proposed operating bylaws;
11  (10) A copy of the proposed business plan that complies 
12 with the requirements in this Act, including, at a minimum, 
13 the following:
14   (A) A description of services to be offered; and 
15   (B) A description of the process of dispensing 
16 cannabis;
17  (11) A copy of the proposed security plan that complies 
18 with the requirements in this Article, including: 
19   (A) The process or controls that will be 
20 implemented to monitor the dispensary, secure the 
21 premises, agents, and currency, and prevent the 
22 diversion, theft, or loss of cannabis; and 
23   (B) The process to ensure that access to the 
24 restricted access areas is restricted to, registered 
25 agents, service professionals, transporting 
26 organization agents, Department inspectors, and 
 
 
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1 security personnel;
2  (12) A proposed inventory control plan that complies 
3 with this Section;
4  (13) A proposed floor plan, a square footage estimate, 
5 and a description of proposed security devices, including, 
6 without limitation, cameras, motion detectors, servers, 
7 video storage capabilities, and alarm service providers;
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) Evidence of the applicant's status as a Social 
13 Equity Applicant, if applicable, and whether a Social 
14 Equity Applicant plans to apply for a loan or grant issued 
15 by the Department of Commerce and Economic Opportunity;
16  (16) The address, telephone number, and email address 
17 of the applicant's principal place of business, if 
18 applicable. A post office box is not permitted;
19  (17) Written summaries of any information regarding 
20 instances in which a business or not-for-profit that a 
21 prospective board member previously managed or served on 
22 were fined or censured, or any instances in which a 
23 business or not-for-profit that a prospective board member 
24 previously managed or served on had its registration 
25 suspended or revoked in any administrative or judicial 
26 proceeding;
 
 
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1  (18) A plan for community engagement;
2  (19) Procedures to ensure accurate recordkeeping and 
3 security measures that are in accordance with this Article 
4 and Department rules;
5  (20) The estimated volume of cannabis it plans to store 
6 at the dispensary;
7  (21) A description of the features that will provide 
8 accessibility to purchasers as required by the Americans 
9 with Disabilities Act;
10  (22) A detailed description of air treatment systems 
11 that will be installed to reduce odors;
12  (23) A reasonable assurance that the issuance of a 
13 license will not have a detrimental impact on the community 
14 in which the applicant wishes to locate;
15  (24) The dated signature of each principal officer;
16  (25) A description of the enclosed, locked facility 
17 where cannabis will be stored by the dispensing 
18 organization;
19  (26) Signed statements from each dispensing 
20 organization agent stating that he or she will not divert 
21 cannabis;
22  (27) The number of licenses it is applying for in each 
23 BLS Region;
24  (28) A diversity plan that includes a narrative of at 
25 least 2,500 words that establishes a goal of diversity in 
26 ownership, management, employment, and contracting to 
 
 
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1 ensure that diverse participants and groups are afforded 
2 equality of opportunity;
3  (29) A contract with a private security contractor that 
4 is licensed under Section 10-5 of the Private Detective, 
5 Private Alarm, Private Security, Fingerprint Vendor, and 
6 Locksmith Act of 2004 in order for the dispensary to have 
7 adequate security at its facility; and
8  (30) Other information deemed necessary by the 
9 Illinois Cannabis Regulation Oversight Officer to conduct 
10 the disparity and availability study referenced in 
11 subsection (e) of Section 5-45. 
12 (e) An applicant who receives a Conditional Adult Use 
13Dispensing Organization License under this Section has 180 days 
14from the date of award to identify a physical location for the 
15dispensing organization retail storefront. Before a 
16conditional licensee receives an authorization to build out the 
17dispensing organization from the Department, the Department 
18shall inspect the physical space selected by the conditional 
19licensee. The Department shall verify the site is suitable for 
20public access, the layout promotes the safe dispensing of 
21cannabis, the location is sufficient in size, power allocation, 
22lighting, parking, handicapped accessible parking spaces, 
23accessible entry and exits as required by the Americans with 
24Disabilities Act, product handling, and storage. The applicant 
25shall also provide a statement of reasonable assurance that the 
26issuance of a license will not have a detrimental impact on the 
 
 
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1community. The applicant shall also provide evidence that the 
2location is not within 1,500 feet of an existing dispensing 
3organization. If an applicant is unable to find a suitable 
4physical address in the opinion of the Department within 180 
5days of the issuance of the Conditional Adult Use Dispensing 
6Organization License, the Department may extend the period for 
7finding a physical address another 180 days if the Conditional 
8Adult Use Dispensing Organization License holder demonstrates 
9concrete attempts to secure a location and a hardship. If the 
10Department denies the extension or the Conditional Adult Use 
11Dispensing Organization License holder is unable to find a 
12location or become operational within 360 days of being awarded 
13a conditional license, the Department shall rescind the 
14conditional license and award it to the next highest scoring 
15applicant in the BLS Region for which the license was assigned, 
16provided the applicant receiving the license: (i) confirms a 
17continued interest in operating a dispensing organization; 
18(ii) can provide evidence that the applicant continues to meet 
19all requirements for holding a Conditional Adult Use Dispensing 
20Organization License set forth in this Act the financial 
21requirements provided in subsection (c) of this Section; and 
22(iii) has not otherwise become ineligible to be awarded a 
23dispensing organization license. If the new awardee is unable 
24to accept the Conditional Adult Use Dispensing Organization 
25License, the Department shall award the Conditional Adult Use 
26Dispensing Organization License to the next highest scoring 
 
 
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1applicant in the same manner. The new awardee shall be subject 
2to the same required deadlines as provided in this subsection.
3 (e-5) If, within 180 days of being awarded a Conditional 
4Adult Use Dispensing Organization License license, a 
5dispensing organization is unable to find a location within the 
6BLS Region in which it was awarded a Conditional Adult Use 
7Dispensing Organization License license because no 
8jurisdiction within the BLS Region allows for the operation of 
9an Adult Use Dispensing Organization, the Department of 
10Financial and Professional Regulation may authorize the 
11Conditional Adult Use Dispensing Organization License holder 
12to transfer its license to a BLS Region specified by the 
13Department.
14 (f) A dispensing organization that is awarded a Conditional 
15Adult Use Dispensing Organization License pursuant to the 
16criteria in Section 15-30 shall not purchase, possess, sell, or 
17dispense cannabis or cannabis-infused products until the 
18person has received an Adult Use Dispensing Organization 
19License issued by the Department pursuant to Section 15-36 of 
20this Act. The Department shall not issue an Adult Use 
21Dispensing Organization License until:
22  (1) the Department has inspected the dispensary site 
23 and proposed operations and verified that they are in 
24 compliance with this Act and local zoning laws; and
25  (2) the Conditional Adult Use Dispensing Organization 
26 License holder has paid a registration fee of $60,000, or a 
 
 
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1 prorated amount accounting for the difference of time 
2 between when the Adult Use Dispensing Organization License 
3 is issued and March 31 of the next even-numbered year.
4 (g) The Department shall conduct a background check of the 
5prospective organization agents in order to carry out this 
6Article. The Department of State Police shall charge the 
7applicant a fee for conducting the criminal history record 
8check, which shall be deposited into the State Police Services 
9Fund and shall not exceed the actual cost of the record check. 
10Each person applying as a dispensing organization agent shall 
11submit a full set of fingerprints to the Department of State 
12Police for the purpose of obtaining a State and federal 
13criminal records check. These fingerprints shall be checked 
14against the fingerprint records now and hereafter, to the 
15extent allowed by law, filed in the Department of State Police 
16and Federal Bureau of Identification criminal history records 
17databases. The Department of State Police shall furnish, 
18following positive identification, all Illinois conviction 
19information to the Department.

20(Source: P.A. 101-27, eff. 6-25-19.)

21 (410 ILCS 705/15-30)

22 Sec. 15-30. Selection criteria for conditional licenses 
23awarded under Section 15-25. 
24 (a) Applicants for a Conditional Adult Use Dispensing 
25Organization License must submit all required information, 
 
 
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1including the information required in Section 15-25, to the 
2Department. Failure by an applicant to submit all required 
3information may result in the application being disqualified.
4 (b) If the Department receives an application that fails to 
5provide the required elements contained in this Section, the 
6Department shall issue a deficiency notice to the applicant. 
7The applicant shall have 10 calendar days from the date of the 
8deficiency notice to resubmit the incomplete information. 
9Applications that are still incomplete after this opportunity 
10to cure will not be scored and will be disqualified.
11 (c) The Department will award up to 250 points to complete 
12applications based on the sufficiency of the applicant's 
13responses to required information. Applicants will be awarded 
14points based on a determination that the application 
15satisfactorily includes the following elements: 
16  (1) Suitability of Employee Training Plan (15 points).
17   The plan includes an employee training plan that 
18 demonstrates that employees will understand the rules 
19 and laws to be followed by dispensary employees, have 
20 knowledge of any security measures and operating 
21 procedures of the dispensary, and are able to advise 
22 purchasers on how to safely consume cannabis and use 
23 individual products offered by the dispensary.
24  (2) Security and Recordkeeping (65 points).
25   (A) The security plan accounts for the prevention 
26 of the theft or diversion of cannabis. The security 
 
 
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1 plan demonstrates safety procedures for dispensing 
2 organization dispensary agents and purchasers, and 
3 safe delivery and storage of cannabis and currency. It 
4 demonstrates compliance with all security requirements 
5 in this Act and rules.
6   (B) A plan for recordkeeping, tracking, and 
7 monitoring inventory, quality control, and other 
8 policies and procedures that will promote standard 
9 recordkeeping and discourage unlawful activity. This 
10 plan includes the applicant's strategy to communicate 
11 with the Department and the Department of State Police 
12 on the destruction and disposal of cannabis. The plan 
13 must also demonstrate compliance with this Act and 
14 rules.
15   (C) The security plan shall also detail which 
16 private security contractor licensed under Section 
17 10-5 of the Private Detective, Private Alarm, Private 
18 Security, Fingerprint Vendor, and Locksmith Act of 
19 2004 the dispensary will contract with in order to 
20 provide adequate security at its facility.
21  (3) Applicant's Business Plan, Financials, Operating 
22 and Floor Plan (65 points).
23   (A) The business plan shall describe, at a minimum, 
24 how the dispensing organization will be managed on a 
25 long-term basis. This shall include a description of 
26 the dispensing organization's point-of-sale system, 
 
 
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1 purchases and denials of sale, confidentiality, and 
2 products and services to be offered. It will 
3 demonstrate compliance with this Act and rules.
4   (B) The operating plan shall include, at a minimum, 
5 best practices for day-to-day dispensary operation and 
6 staffing. The operating plan may also include 
7 information about employment practices, including 
8 information about the percentage of full-time 
9 employees who will be provided a living wage.
10   (C) The proposed floor plan is suitable for public 
11 access, the layout promotes safe dispensing of 
12 cannabis, is compliant with the Americans with 
13 Disabilities Act and the Environmental Barriers Act, 
14 and facilitates safe product handling and storage.
15  (4) Knowledge and Experience (30 points).
16   (A) The applicant's principal officers must 
17 demonstrate experience and qualifications in business 
18 management or experience with the cannabis industry. 
19 This includes ensuring optimal safety and accuracy in 
20 the dispensing and sale of cannabis.
21   (B) The applicant's principal officers must 
22 demonstrate knowledge of various cannabis product 
23 strains or varieties and describe the types and 
24 quantities of products planned to be sold. This 
25 includes confirmation of whether the dispensing 
26 organization plans to sell cannabis paraphernalia or 
 
 
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1 edibles.
2   (C) Knowledge and experience may be demonstrated 
3 through experience in other comparable industries that 
4 reflect on the applicant's ability to operate a 
5 cannabis business establishment.
6  (5) Status as a Social Equity Applicant (50 points).
7   The applicant meets the qualifications for a 
8 Social Equity Applicant as set forth in this Act. 
9  (6) Labor and employment practices (5 points): The 
10 applicant may describe plans to provide a safe, healthy, 
11 and economically beneficial working environment for its 
12 agents, including, but not limited to, codes of conduct, 
13 health care benefits, educational benefits, retirement 
14 benefits, living wage standards, and entering a labor peace 
15 agreement with employees.
16  (7) Environmental Plan (5 points): The applicant may 
17 demonstrate an environmental plan of action to minimize the 
18 carbon footprint, environmental impact, and resource needs 
19 for the dispensary, which may include, without limitation, 
20 recycling cannabis product packaging.
21  (8) Illinois owner (5 points): The applicant is 51% or 
22 more owned and controlled by an Illinois resident, who can 
23 prove residency in each of the past 5 years with tax 
24 records or 2 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  (9) Status as veteran (5 points): The applicant is 51% 
14 or more controlled and owned by an individual or 
15 individuals who meet the qualifications of a veteran as 
16 defined by Section 45-57 of the Illinois Procurement Code.
17  (10) A diversity plan (5 points): that includes a 
18 narrative of not more than 2,500 words that establishes a 
19 goal of diversity in ownership, management, employment, 
20 and contracting to ensure that diverse participants and 
21 groups are afforded equality of opportunity.
22 (d) The Department may also award up to 2 bonus points for 
23a plan to engage with the community. The applicant may 
24demonstrate a desire to engage with its community by 
25participating in one or more of, but not limited to, the 
26following actions: (i) establishment of an incubator program 
 
 
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1designed to increase participation in the cannabis industry by 
2persons who would qualify as Social Equity Applicants; (ii) 
3providing financial assistance to substance abuse treatment 
4centers; (iii) educating children and teens about the potential 
5harms of cannabis use; or (iv) other measures demonstrating a 
6commitment to the applicant's community. Bonus points will only 
7be awarded if the Department receives applications that receive 
8an equal score for a particular region. 
9 (e) The Department may verify information contained in each 
10application and accompanying documentation to assess the 
11applicant's veracity and fitness to operate a dispensing 
12organization.
13 (f) The Department may, in its discretion, refuse to issue 
14an authorization to any applicant:
15  (1) Who is unqualified to perform the duties required 
16 of the applicant;
17  (2) Who fails to disclose or states falsely any 
18 information called for in the application;
19  (3) Who has been found guilty of a violation of this 
20 Act, or whose medical cannabis dispensing organization, 
21 medical cannabis cultivation organization, or Early 
22 Approval Adult Use Dispensing Organization License, or 
23 Early Approval Adult Use Dispensing Organization License 
24 at a secondary site, or Early Approval Cultivation Center 
25 License was suspended, restricted, revoked, or denied for 
26 just cause, or the applicant's cannabis business 
 
 
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1 establishment license was suspended, restricted, revoked, 
2 or denied in any other state; or
3  (4) Who has engaged in a pattern or practice of unfair 
4 or illegal practices, methods, or activities in the conduct 
5 of owning a cannabis business establishment or other 
6 business.
7 (g) The Department shall deny the license if any principal 
8officer, board member, or person having a financial or voting 
9interest of 5% or greater in the licensee is delinquent in 
10filing any required tax returns or paying any amounts owed to 
11the State of Illinois.
12 (h) The Department shall verify an applicant's compliance 
13with the requirements of this Article and rules before issuing 
14a dispensing organization license.
15 (i) Should the applicant be awarded a license, the 
16information and plans provided in the application, including 
17any plans submitted for bonus points, shall become a condition 
18of the Conditional Adult Use Dispensing Organization Licenses 
19and any Adult Use Dispensing Organization License issued to the 
20holder of the Conditional Adult Use Dispensing Organization 
21License, except as otherwise provided by this Act or rule. 
22Dispensing organizations have a duty to disclose any material 
23changes to the application. The Department shall review all 
24material changes disclosed by the dispensing organization, and 
25may re-evaluate its prior decision regarding the awarding of a 
26license, including, but not limited to, suspending or 
 
 
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1permanently revoking a license. Failure to comply with the 
2conditions or requirements in the application may subject the 
3dispensing organization to discipline, up to and including 
4suspension or permanent revocation of its authorization or 
5license by the Department.
6 (j) If an applicant has not begun operating as a dispensing 
7organization within one year of the issuance of the Conditional 
8Adult Use Dispensing Organization License, the Department may 
9permanently revoke the Conditional Adult Use Dispensing 
10Organization License and award it to the next highest scoring 
11applicant in the BLS Region if a suitable applicant indicates a 
12continued interest in the license or begin a new selection 
13process to award a Conditional Adult Use Dispensing 
14Organization License.
15 (k) The Department shall deny an application if granting 
16that application would result in a single person or entity 
17having a direct or indirect financial interest in more than 10 
18Early Approval Adult Use Dispensing Organization Licenses, 
19Conditional Adult Use Dispensing Organization Licenses, or 
20Adult Use Dispensing Organization Licenses. Any entity that is 
21awarded a license that results in a single person or entity 
22having a direct or indirect financial interest in more than 10 
23licenses shall forfeit the most recently issued license and 
24suffer a penalty to be determined by the Department, unless the 
25entity declines the license at the time it is awarded.

26(Source: P.A. 101-27, eff. 6-25-19.)

 
 
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1 (410 ILCS 705/15-35)

2 Sec. 15-35. Conditional Adult Use Dispensing Organization 
3License after January 1, 2021. 
4 (a) In addition to any of the licenses issued in Sections 
515-15, Section 15-20, or Section 15-25 of this Act, by December 
621, 2021, the Department shall issue up to 110 Conditional 
7Adult Use Dispensing Organization Licenses, pursuant to the 
8application process adopted under this Section. Prior to 
9issuing such licenses, the Department may adopt rules through 
10emergency rulemaking in accordance with subsection (gg) of 
11Section 5-45 of the Illinois Administrative Procedure Act. The 
12General Assembly finds that the adoption of rules to regulate 
13cannabis use is deemed an emergency and necessary for the 
14public interest, safety, and welfare. Such rules may:
15  (1) Modify or change the BLS Regions as they apply to 
16 this Article or modify or raise the number of Adult 
17 Conditional Use Dispensing Organization Licenses assigned 
18 to each region based on the following factors:
19   (A) Purchaser wait times;
20   (B) Travel time to the nearest dispensary for 
21 potential purchasers;
22   (C) Percentage of cannabis sales occurring in 
23 Illinois not in the regulated market using data from 
24 the Substance Abuse and Mental Health Services 
25 Administration, National Survey on Drug Use and 
 
 
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1 Health, Illinois Behavioral Risk Factor Surveillance 
2 System, and tourism data from the Illinois Office of 
3 Tourism to ascertain total cannabis consumption in 
4 Illinois compared to the amount of sales in licensed 
5 dispensing organizations;
6   (D) Whether there is an adequate supply of cannabis 
7 and cannabis-infused products to serve registered 
8 medical cannabis patients;
9   (E) Population increases or shifts;
10   (F) Density of dispensing organizations in a 
11 region;
12   (G) The Department's capacity to appropriately 
13 regulate additional licenses;
14   (H) The findings and recommendations from the 
15 disparity and availability study commissioned by the 
16 Illinois Cannabis Regulation Oversight Officer in 
17 subsection (e) of Section 5-45 to reduce or eliminate 
18 any identified barriers to entry in the cannabis 
19 industry; and
20   (I) Any other criteria the Department deems 
21 relevant.
22  (2) Modify or change the licensing application process 
23 to reduce or eliminate the barriers identified in the 
24 disparity and availability study commissioned by the 
25 Illinois Cannabis Regulation Oversight Officer and make 
26 modifications to remedy evidence of discrimination.
 
 
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1 (b) After January 1, 2022, the Department may by rule 
2modify or raise the number of Adult Use Dispensing Organization 
3Licenses assigned to each region, and modify or change the 
4licensing application process to reduce or eliminate barriers 
5based on the criteria in subsection (a). At no time shall the 
6Department issue more than 500 Adult Use Dispensing Dispensary 
7Organization Licenses.

8(Source: P.A. 101-27, eff. 6-25-19.)

9 (410 ILCS 705/15-36)

10 Sec. 15-36. Adult Use Dispensing Organization License. 
11 (a) A person is only eligible to receive an Adult Use 
12Dispensing Organization if the person has been awarded a 
13Conditional Adult Use Dispensing Organization License pursuant 
14to this Act or has renewed its license pursuant to subsection 
15(k) of Section 15-15 or subsection (p) of Section 15-20. 
16 (b) The Department shall not issue an Adult Use Dispensing 
17Organization License until:
18  (1) the Department has inspected the dispensary site 
19 and proposed operations and verified that they are in 
20 compliance with this Act and local zoning laws;
21  (2) the Conditional Adult Use Dispensing Organization 
22 License holder has paid a license registration fee of 
23 $60,000 or a prorated amount accounting for the difference 
24 of time between when the Adult Use Dispensing Organization 
25 License is issued and March 31 of the next even-numbered 
 
 
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1 year; and
2  (3) the Conditional Adult Use Dispensing Organization 
3 License holder has met all the requirements in this the Act 
4 and rules.
5 (c) No person or entity shall hold any legal, equitable, 
6ownership, or beneficial interest, directly or indirectly, of 
7more than 10 dispensing organizations licensed under this 
8Article. Further, no person or entity that is:
9  (1) employed by, is an agent of, or participates in the 
10 management of a dispensing organization or registered 
11 medical cannabis dispensing organization;
12  (2) a principal officer of a dispensing organization or 
13 registered medical cannabis dispensing organization; or
14  (3) an entity controlled by or affiliated with a 
15 principal officer of a dispensing organization or 
16 registered medical cannabis dispensing organization;
17shall hold any legal, equitable, ownership, or beneficial 
18interest, directly or indirectly, in a dispensing organization 
19that would result in such person or entity owning or 
20participating in the management of more than 10 Early Approval 
21Adult Use Dispensing Organization Licenses, Early Approval 
22Adult Use Dispensing Organization Licenses at a secondary site, 
23Conditional Adult Use Dispensing Organization Licenses, or 
24Adult Use Dispensing Organization Licenses dispensing 
25organizations. For the purpose of this subsection, 
26participating in management may include, without limitation, 
 
 
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1controlling decisions regarding staffing, pricing, purchasing, 
2marketing, store design, hiring, and website design.
3 (d) The Department shall deny an application if granting 
4that application would result in a person or entity obtaining 
5direct or indirect financial interest in more than 10 Early 
6Approval Adult Use Dispensing Organization Licenses, 
7Conditional Adult Use Dispensing Organization Licenses, Adult 
8Use Dispensing Organization Licenses, or any combination 
9thereof. If a person or entity is awarded a Conditional Adult 
10Use Dispensing Organization License that would cause the person 
11or entity to be in violation of this subsection, he, she, or it 
12shall choose which license application it wants to abandon and 
13such licenses shall become available to the next qualified 
14applicant in the region in which the abandoned license was 
15awarded.

16(Source: P.A. 101-27, eff. 6-25-19.)

17 (410 ILCS 705/15-40)

18 Sec. 15-40. Dispensing organization agent identification 
19card; agent training. 
20 (a) The Department shall:
21  (1) verify the information contained in an application 
22 or renewal for a dispensing organization agent 
23 identification card submitted under this Article, and 
24 approve or deny an application or renewal, within 30 days 
25 of receiving a completed application or renewal 
 
 
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1 application and all supporting documentation required by 
2 rule;
3  (2) issue a dispensing organization agent 
4 identification card to a qualifying agent within 15 
5 business days of approving the application or renewal;
6  (3) enter the registry identification number of the 
7 dispensing organization where the agent works; 
8  (4) within one year from the effective date of this 
9 Act, allow for an electronic application process and 
10 provide a confirmation by electronic or other methods that 
11 an application has been submitted; and
12  (5) collect a $100 nonrefundable fee from the applicant 
13 to be deposited into the Cannabis Regulation Fund.
14 (b) A dispensing organization agent must keep his or her 
15identification card visible at all times when in the dispensary 
16on the property of the dispensing organization.
17 (c) The dispensing organization agent identification cards 
18shall contain the following:
19  (1) the name of the cardholder;
20  (2) the date of issuance and expiration date of the 
21 dispensing organization agent identification cards;
22  (3) a random 10-digit alphanumeric identification 
23 number containing at least 4 numbers and at least 4 letters 
24 that is unique to the cardholder; and
25  (4) a photograph of the cardholder.
26 (d) The dispensing organization agent identification cards 
 
 
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1shall be immediately returned to the dispensing organization 
2upon termination of employment.
3 (e) The Department shall not issue an agent identification 
4card if the applicant is delinquent in filing any required tax 
5returns or paying any amounts owed to the State of Illinois.
6 (f) Any card lost by a dispensing organization agent shall 
7be reported to the Department of State Police and the 
8Department immediately upon discovery of the loss.
9 (g) An applicant shall be denied a dispensing organization 
10agent identification card renewal if he or she fails to 
11complete the training provided for in this Section.
12 (h) A dispensing organization agent shall only be required 
13to hold one card for the same employer regardless of what type 
14of dispensing organization license the employer holds.
15 (i) Cannabis retail sales training requirements.
16  (1) Within 90 days of September 1, 2019, or 90 days of 
17 employment, whichever is later, all owners, managers, 
18 employees, and agents involved in the handling or sale of 
19 cannabis or cannabis-infused product employed by an adult 
20 use dispensing organization or medical cannabis dispensing 
21 organization as defined in Section 10 of the Compassionate 
22 Use of Medical Cannabis Pilot Program Act shall attend and 
23 successfully complete a Responsible Vendor Program.
24  (2) Each owner, manager, employee, and agent of an 
25 adult use dispensing organization or medical cannabis 
26 dispensing organization shall successfully complete the 
 
 
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1 program annually.
2  (3) Responsible Vendor Program Training modules shall 
3 include at least 2 hours of instruction time approved by 
4 the Department including:
5   (i) Health and safety concerns of cannabis use, 
6 including the responsible use of cannabis, its 
7 physical effects, onset of physiological effects, 
8 recognizing signs of impairment, and appropriate 
9 responses in the event of overconsumption.
10   (ii) Training on laws and regulations on driving 
11 while under the influence and operating a watercraft or 
12 snowmobile while under the influence.
13   (iii) Sales to minors prohibition. Training shall 
14 cover all relevant Illinois laws and rules.
15   (iv) Quantity limitations on sales to purchasers. 
16 Training shall cover all relevant Illinois laws and 
17 rules.
18   (v) Acceptable forms of identification. Training 
19 shall include:
20    (I) How to check identification; and
21    (II) Common mistakes made in verification;
22   (vi) Safe storage of cannabis;
23   (vii) Compliance with all inventory tracking 
24 system regulations;
25   (viii) Waste handling, management, and disposal;
26   (ix) Health and safety standards;
 
 
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1   (x) Maintenance of records;
2   (xi) Security and surveillance requirements;
3   (xii) Permitting inspections by State and local 
4 licensing and enforcement authorities;
5   (xiii) Privacy issues;
6   (xiv) Packaging and labeling requirement for sales 
7 to purchasers; and
8   (xv) Other areas as determined by rule.
9 (j) Blank.
10 (k) Upon the successful completion of the Responsible 
11Vendor Program, the provider shall deliver proof of completion 
12either through mail or electronic communication to the 
13dispensing organization, which shall retain a copy of the 
14certificate.
15 (l) The license of a dispensing organization or medical 
16cannabis dispensing organization whose owners, managers, 
17employees, or agents fail to comply with this Section may be 
18suspended or permanently revoked under Section 15-145 or may 
19face other disciplinary action.
20 (m) The regulation of dispensing organization and medical 
21cannabis dispensing employer and employee training is an 
22exclusive function of the State, and regulation by a unit of 
23local government, including a home rule unit, is prohibited. 
24This subsection (m) is a denial and limitation of home rule 
25powers and functions under subsection (h) of Section 6 of 
26Article VII of the Illinois Constitution.
 
 
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1 (n) Persons seeking Department approval to offer the 
2training required by paragraph (3) of subsection (i) may apply 
3for such approval between August 1 and August 15 of each 
4odd-numbered year in a manner prescribed by the Department.
5 (o) Persons seeking Department approval to offer the 
6training required by paragraph (3) of subsection (i) shall 
7submit a nonrefundable non-refundable application fee of 
8$2,000 to be deposited into the Cannabis Regulation Fund or a 
9fee as may be set by rule. Any changes made to the training 
10module shall be approved by the Department.

11 (p) The Department shall not unreasonably deny approval of 
12a training module that meets all the requirements of paragraph 
13(3) of subsection (i). A denial of approval shall include a 
14detailed description of the reasons for the denial.
15 (q) Any person approved to provide the training required by 
16paragraph (3) of subsection (i) shall submit an application for 
17re-approval between August 1 and August 15 of each odd-numbered 
18year and include a nonrefundable non-refundable application 
19fee of $2,000 to be deposited into the Cannabis Regulation Fund 
20or a fee as may be set by rule.

21 (r) All persons applying to become or renewing their 
22registrations to be agents, including agents-in-charge and 
23principal officers, shall disclose any disciplinary action 
24taken against them that may have occurred in Illinois, another 
25state, or another country in relation to their employment at a 
26cannabis business establishment or at any cannabis cultivation 
 
 
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1center, processor, infuser, dispensary, or other cannabis 
2business establishment.
3(Source: P.A. 101-27, eff. 6-25-19.)

4 (410 ILCS 705/15-55)

5 Sec. 15-55. Financial responsibility. Evidence of 
6financial responsibility is a requirement for the issuance, 
7maintenance, or reactivation of a license under this Article. 
8Evidence of financial responsibility shall be used to guarantee 
9that the dispensing organization timely and successfully 
10completes dispensary construction, operates in a manner that 
11provides an uninterrupted supply of cannabis, faithfully pays 
12registration renewal fees, keeps accurate books and records, 
13makes regularly required reports, complies with State tax 
14requirements, and conducts the dispensing organization in 
15conformity with this Act and rules. Evidence of financial 
16responsibility shall be provided by one of the following:
17  (1) Establishing and maintaining an escrow or surety 
18 account in a financial institution in the amount of 
19 $50,000, with escrow terms, approved by the Department, 
20 that it shall be payable to the Department in the event of 
21 circumstances outlined in this Act and rules.
22   (A) A financial institution may not return money in 
23 an escrow or surety account to the dispensing 
24 organization that established the account or a 
25 representative of the organization unless the 
 
 
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1 organization or representative presents a statement 
2 issued by the Department indicating that the account 
3 may be released.
4   (B) The escrow or surety account shall not be 
5 canceled on less than 30 days' notice in writing to the 
6 Department, unless otherwise approved by the 
7 Department. If an escrow or surety account is canceled 
8 and the registrant fails to secure a new account with 
9 the required amount on or before the effective date of 
10 cancellation, the registrant's registration may be 
11 permanently revoked. The total and aggregate liability 
12 of the surety on the bond is limited to the amount 
13 specified in the escrow or surety account.
14  (2) Providing a surety bond in the amount of $50,000, 
15 naming the dispensing organization as principal of the 
16 bond, with terms, approved by the Department, that the bond 
17 defaults to the Department in the event of circumstances 
18 outlined in this Act and rules. Bond terms shall include:
19   (A) The business name and registration number on 
20 the bond must correspond exactly with the business name 
21 and registration number in the Department's records.
22   (B) The bond must be written on a form approved by 
23 the Department.
24   (C) A copy of the bond must be received by the 
25 Department within 90 days after the effective date.
26   (D) The bond shall not be canceled by a surety on 
 
 
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1 less than 30 days' notice in writing to the Department. 
2 If a bond is canceled and the registrant fails to file 
3 a new bond with the Department in the required amount 
4 on or before the effective date of cancellation, the 
5 registrant's registration may be permanently revoked. 
6 The total and aggregate liability of the surety on the 
7 bond is limited to the amount specified in the bond.

8(Source: P.A. 101-27, eff. 6-25-19.)

9 (410 ILCS 705/15-65)

10 Sec. 15-65. Administration. 
11 (a) A dispensing organization shall establish, maintain, 
12and comply with written policies and procedures as submitted in 
13the Business, Financial and Operating plan as required in this 
14Article or by rules established by the Department, and approved 
15by the Department, for the security, storage, inventory, and 
16distribution of cannabis. These policies and procedures shall 
17include methods for identifying, recording, and reporting 
18diversion, theft, or loss, and for correcting errors and 
19inaccuracies in inventories. At a minimum, dispensing 
20organizations shall ensure the written policies and procedures 
21provide for the following:
22  (1) Mandatory and voluntary recalls of cannabis 
23 products. The policies shall be adequate to deal with 
24 recalls due to any action initiated at the request of the 
25 Department and any voluntary action by the dispensing 
 
 
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1 organization to remove defective or potentially defective 
2 cannabis from the market or any action undertaken to 
3 promote public health and safety, including:
4   (i) A mechanism reasonably calculated to contact 
5 purchasers who have, or likely have, obtained the 
6 product from the dispensary, including information on 
7 the policy for return of the recalled product;
8   (ii) A mechanism to identify and contact the adult 
9 use cultivation center, craft grower, or infuser that 
10 manufactured the cannabis;
11   (iii) Policies for communicating with the 
12 Department, the Department of Agriculture, and the 
13 Department of Public Health within 24 hours of 
14 discovering defective or potentially defective 
15 cannabis; and
16   (iv) Policies for destruction of any recalled 
17 cannabis product;
18  (2) Responses to local, State, or national 
19 emergencies, including natural disasters, that affect the 
20 security or operation of a dispensary;
21  (3) Segregation and destruction of outdated, damaged, 
22 deteriorated, misbranded, or adulterated cannabis. This 
23 procedure shall provide for written documentation of the 
24 cannabis disposition;
25  (4) Ensure the oldest stock of a cannabis product is 
26 distributed first. The procedure may permit deviation from 
 
 
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1 this requirement, if such deviation is temporary and 
2 appropriate;
3  (5) Training of dispensing organization agents in the 
4 provisions of this Act and rules, to effectively operate 
5 the point-of-sale system and the State's verification 
6 system, proper inventory handling and tracking, specific 
7 uses of cannabis or cannabis-infused products, instruction 
8 regarding regulatory inspection preparedness and law 
9 enforcement interaction, awareness of the legal 
10 requirements for maintaining status as an agent, and other 
11 topics as specified by the dispensing organization or the 
12 Department. The dispensing organization shall maintain 
13 evidence of all training provided to each agent in its 
14 files that is subject to inspection and audit by the 
15 Department. The dispensing organization shall ensure 
16 agents receive a minimum of 8 hours of training subject to 
17 the requirements in subsection (i) of Section 15-40 
18 annually, unless otherwise approved by the Department;
19  (6) Maintenance of business records consistent with 
20 industry standards, including bylaws, consents, manual or 
21 computerized records of assets and liabilities, audits, 
22 monetary transactions, journals, ledgers, and supporting 
23 documents, including agreements, checks, invoices, 
24 receipts, and vouchers. Records shall be maintained in a 
25 manner consistent with this Act and shall be retained for 5 
26 years;
 
 
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1  (7) Inventory control, including:
2   (i) Tracking purchases and denials of sale;
3   (ii) Disposal of unusable or damaged cannabis as 
4 required by this Act and rules; and
5  (8) Purchaser education and support, including:
6   (i) Whether possession of cannabis is illegal 
7 under federal law;
8   (ii) Current educational information issued by the 
9 Department of Public Health about the health risks 
10 associated with the use or abuse of cannabis;
11   (iii) Information about possible side effects;
12   (iv) Prohibition on smoking cannabis in public 
13 places; and
14   (v) Offering any other appropriate purchaser 
15 education or support materials.
16 (b) Blank.
17 (c) A dispensing organization shall maintain copies of the 
18policies and procedures on the dispensary premises and provide 
19copies to the Department upon request. The dispensing 
20organization shall review the dispensing organization policies 
21and procedures at least once every 12 months from the issue 
22date of the license and update as needed due to changes in 
23industry standards or as requested by the Department.
24 (d) A dispensing organization shall ensure that each 
25principal officer and each dispensing organization agent has a 
26current agent identification card in the agent's immediate 
 
 
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1possession when the agent is at the dispensary.
2 (e) A dispensing organization shall provide prompt written 
3notice to the Department, including the date of the event, when 
4a dispensing organization agent no longer is employed by the 
5dispensing organization.
6 (f) A dispensing organization shall promptly document and 
7report any loss or theft of cannabis from the dispensary to the 
8Department of State Police and the Department. It is the duty 
9of any dispensing organization agent who becomes aware of the 
10loss or theft to report it as provided in this Article.
11 (g) A dispensing organization shall post the following 
12information in a conspicuous location in an area of the 
13dispensary accessible to consumers:
14  (1) The dispensing organization's license;
15  (2) The hours of operation.
16 (h) Signage that shall be posted inside the premises.
17  (1) All dispensing organizations must display a 
18 placard that states the following: "Cannabis consumption 
19 can impair cognition and driving, is for adult use only, 
20 may be habit forming, and should not be used by pregnant or 
21 breastfeeding women.".
22  (2) Any dispensing organization that sells edible 
23 cannabis-infused products must display a placard that 
24 states the following:
25   (A) "Edible cannabis-infused products were 
26 produced in a kitchen that may also process common food 
 
 
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1 allergens."; and
2   (B) "The effects of cannabis products can vary from 
3 person to person, and it can take as long as two hours 
4 to feel the effects of some cannabis-infused products. 
5 Carefully review the portion size information and 
6 warnings contained on the product packaging before 
7 consuming.".
8  (3) All of the required signage in this subsection (h) 
9 shall be no smaller than 24 inches tall by 36 inches wide, 
10 with typed letters no smaller than 2 inches. The signage 
11 shall be clearly visible and readable by customers. The 
12 signage shall be placed in the area where cannabis and 
13 cannabis-infused products are sold and may be translated 
14 into additional languages as needed. The Department may 
15 require a dispensary to display the required signage in a 
16 different language, other than English, if the Secretary 
17 deems it necessary. 
18 (i) A dispensing organization shall prominently post 
19notices inside the dispensing organization that state 
20activities that are strictly prohibited and punishable by law, 
21including, but not limited to:
22  (1) no minors permitted on the premises unless the 
23 minor is a minor qualifying patient under the Compassionate 
24 Use of Medical Cannabis Pilot Program Act;
25  (2) distribution to persons under the age of 21 is 
26 prohibited;
 
 
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1  (3) transportation of cannabis or cannabis products 
2 across state lines is prohibited.

3(Source: P.A. 101-27, eff. 6-25-19.)

4 (410 ILCS 705/15-70)

5 Sec. 15-70. Operational requirements; prohibitions. 
6 (a) A dispensing organization shall operate in accordance 
7with the representations made in its application and license 
8materials. It shall be in compliance with this Act and rules.
9 (b) A dispensing organization must include the legal name 
10of the dispensary on the packaging of any cannabis product it 
11sells.
12 (c) All cannabis, cannabis-infused products, and cannabis 
13seeds must be obtained from an Illinois registered adult use 
14cultivation center, craft grower, infuser, or another 
15dispensary.
16 (d) Dispensing organizations are prohibited from selling 
17any product containing alcohol except tinctures, which must be 
18limited to containers that are no larger than 100 milliliters.
19 (e) A dispensing organization shall inspect and count 
20product received from a transporting organization, by the adult 
21use cultivation center, craft grower, infuser organization, or 
22other dispensing organization before dispensing it.
23 (f) A dispensing organization may only accept cannabis 
24deliveries into a restricted access area. Deliveries may not be 
25accepted through the public or limited access areas unless 
 
 
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1otherwise approved by the Department.
2 (g) A dispensing organization shall maintain compliance 
3with State and local building, fire, and zoning requirements or 
4regulations.
5 (h) A dispensing organization shall submit a list to the 
6Department of the names of all service professionals that will 
7work at the dispensary. The list shall include a description of 
8the type of business or service provided. Changes to the 
9service professional list shall be promptly provided. No 
10service professional shall work in the dispensary until the 
11name is provided to the Department on the service professional 
12list.
13 (i) A dispensing organization's license allows for a 
14dispensary to be operated only at a single location.
15 (j) A dispensary may operate between 6 a.m. and 10 p.m. 
16local time.
17 (k) A dispensing organization must keep all lighting 
18outside and inside the dispensary in good working order and 
19wattage sufficient for security cameras.
20 (l) A dispensing organization must keep all air treatment 
21systems that will be installed to reduce odors in good working 
22order.
23 (m) A dispensing organization must contract with a private 
24security contractor that is licensed under Section 10-5 of the 
25Private Detective, Private Alarm, Private Security, 
26Fingerprint Vendor, and Locksmith Act of 2004 to provide 
 
 
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1on-site security at all hours of the dispensary's operation.
2 (n) (l) A dispensing organization shall ensure that any 
3building or equipment used by a dispensing organization for the 
4storage or sale of cannabis is maintained in a clean and 
5sanitary condition.
6 (o) (m) The dispensary shall be free from infestation by 
7insects, rodents, or pests.
8 (p) (n) A dispensing organization shall not:
9  (1) Produce or manufacture cannabis;
10  (2) Accept a cannabis product from an adult use 
11 cultivation center, craft grower, infuser, dispensing 
12 organization, or transporting organization unless it is 
13 pre-packaged and labeled in accordance with this Act and 
14 any rules that may be adopted pursuant to this Act;
15  (3) Obtain cannabis or cannabis-infused products from 
16 outside the State of Illinois;
17  (4) Sell cannabis or cannabis-infused products to a 
18 purchaser unless the dispensing dispensary organization is 
19 licensed under the Compassionate Use of Medical Cannabis 
20 Pilot Program Act, and the individual is registered under 
21 the Compassionate Use of Medical Cannabis Pilot Program or 
22 the purchaser has been verified to be over the age of 21 
23 years of age or older;
24  (5) Enter into an exclusive agreement with any adult 
25 use cultivation center, craft grower, or infuser. 
26 Dispensaries shall provide consumers an assortment of 
 
 
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1 products from various cannabis business establishment 
2 licensees such that the inventory available for sale at any 
3 dispensary from any single cultivation center, craft 
4 grower, processor, transporter, or infuser entity shall 
5 not be more than 40% of the total inventory available for 
6 sale. For the purpose of this subsection, a cultivation 
7 center, craft grower, processor, or infuser shall be 
8 considered part of the same entity if the licensees share 
9 at least one principal officer. The Department may request 
10 that a dispensary diversify its products as needed or 
11 otherwise discipline a dispensing organization for 
12 violating this requirement;
13  (6) Refuse to conduct business with an adult use 
14 cultivation center, craft grower, transporting 
15 organization, or infuser that has the ability to properly 
16 deliver the product and is permitted by the Department of 
17 Agriculture, on the same terms as other adult use 
18 cultivation centers, craft growers, infusers, or 
19 transporters with whom it is dealing;
20  (7) Operate drive-through windows;
21  (8) Allow for the dispensing of cannabis or 
22 cannabis-infused products in vending machines;
23  (9) Transport cannabis to residences or other 
24 locations where purchasers may be for delivery;
25  (10) Enter into agreements to allow persons who are not 
26 dispensing organization agents to deliver cannabis or to 
 
 
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1 transport cannabis to purchasers; .
2  (11) Operate a dispensary if its video surveillance 
3 equipment is inoperative;
4  (12) Operate a dispensary if the point-of-sale 
5 equipment is inoperative;
6  (13) Operate a dispensary if the State's cannabis 
7 electronic verification system is inoperative;
8  (14) Have fewer than 2 people working at the dispensary 
9 at any time while the dispensary is open;
10  (15) Be located within 1,500 feet of the property line 
11 of a pre-existing dispensing organization;
12  (16) Sell clones or any other live plant material;
13  (17) Sell cannabis, cannabis concentrate, or 
14 cannabis-infused products in combination or bundled with 
15 each other or any other items for one price, and each item 
16 of cannabis, concentrate, or cannabis-infused product must 
17 be separately identified by quantity and price on the 
18 receipt;
19  (18) Violate any other requirements or prohibitions 
20 set by Department rules.
21 (q) (o) It is unlawful for any person having an Early 
22Approval Adult Use Cannabis Dispensing Organization License, a 
23Conditional Adult Use Cannabis Dispensing Organization, an 
24Adult Use Dispensing Organization License, or a medical 
25cannabis dispensing organization license issued under the 
26Compassionate Use of Medical Cannabis Pilot Program Act or any 
 
 
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1officer, associate, member, representative, or agent of such

2licensee to accept, receive, or borrow money or anything else

3of value or accept or receive credit (other than merchandising

4credit in the ordinary course of business for a period not to

5exceed 30 days) directly or indirectly from any adult use

6cultivation center, craft grower, infuser, or transporting

7organization in exchange for preferential placement on the 
8dispensing organization's shelves, display cases, or website. 
9This includes anything received or borrowed or from any 
10stockholders, officers, agents, or persons connected with an 
11adult
use cultivation center, craft grower, infuser, or

12transporting organization. This also excludes any received or 
13borrowed in exchange for
preferential placement by the 
14dispensing organization, including preferential placement on 
15the dispensing organization's shelves, display cases, or 
16website.
17 (r) (p) It is unlawful for any person having an Early 
18Approval Adult Use Cannabis Dispensing Organization License, a 
19Conditional Adult Use Cannabis Dispensing Organization, an 
20Adult Use Dispensing Organization License, or a medical 
21cannabis dispensing organization license issued under the 
22Compassionate Use of Medical Cannabis Pilot Program to enter 
23into any contract with any person licensed to cultivate, 
24process, or transport cannabis whereby such dispensing 
25dispensary organization agrees not to sell any cannabis 
26cultivated, processed, transported, manufactured, or 
 
 
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1distributed by any other cultivator, transporter, or infuser, 
2and any provision in any contract violative of this Section 
3shall render the whole of such contract void and no action 
4shall be brought thereon in any court.

5(Source: P.A. 101-27, eff. 6-25-19.)

6 (410 ILCS 705/15-75)

7 Sec. 15-75. Inventory control system. 
8 (a) A dispensing organization agent-in-charge shall have 
9primary oversight of the dispensing organization's cannabis 
10inventory verification system, and its point-of-sale system. 
11The inventory point-of-sale system shall be real-time, 
12web-based, and accessible by the Department at any time. The 
13point-of-sale system shall track, at a minimum the date of 
14sale, amount, price, and currency.
15 (b) A dispensing organization shall establish an account 
16with the State's verification system that documents:
17  (1) Each sales transaction at the time of sale and each 
18 day's beginning inventory, acquisitions, sales, disposal, 
19 and ending inventory.
20  (2) Acquisition of cannabis and cannabis-infused 
21 products from a licensed adult use cultivation center, 
22 craft grower, infuser, or transporter, including:
23   (i) A description of the products, including the 
24 quantity, strain, variety, and batch number of each 
25 product received;
 
 
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1   (ii) The name and registry identification number 
2 of the licensed adult use cultivation center, craft 
3 grower, or infuser providing the cannabis and 
4 cannabis-infused products;
5   (iii) The name and registry identification number 
6 of the licensed adult use cultivation center, craft 
7 grower, infuser, or transporting transportation agent 
8 delivering the cannabis;
9   (iv) The name and registry identification number 
10 of the dispensing organization agent receiving the 
11 cannabis; and
12   (v) The date of acquisition.
13  (3) The disposal of cannabis, including:
14   (i) A description of the products, including the 
15 quantity, strain, variety, batch number, and reason 
16 for the cannabis being disposed;
17   (ii) The method of disposal; and
18   (iii) The date and time of disposal.
19 (c) Upon cannabis delivery, a dispensing organization 
20shall confirm the product's name, strain name, weight, and 
21identification number on the manifest matches the information 
22on the cannabis product label and package. The product name 
23listed and the weight listed in the State's verification system 
24shall match the product packaging.
25 (d) The agent-in-charge shall conduct daily inventory 
26reconciliation documenting and balancing cannabis inventory by 
 
 
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1confirming the State's verification system matches the 
2dispensing organization's point-of-sale system and the amount 
3of physical product at the dispensary.
4  (1) A dispensing organization must receive Department 
5 approval before completing an inventory adjustment. It 
6 shall provide a detailed reason for the adjustment. 
7 Inventory adjustment documentation shall be kept at the 
8 dispensary for 2 years from the date performed.
9  (2) If the dispensing organization identifies an 
10 imbalance in the amount of cannabis after the daily 
11 inventory reconciliation due to mistake, the dispensing 
12 organization shall determine how the imbalance occurred 
13 and immediately upon discovery take and document 
14 corrective action. If the dispensing organization cannot 
15 identify the reason for the mistake within 2 calendar days 
16 after first discovery, it shall inform the Department 
17 immediately in writing of the imbalance and the corrective 
18 action taken to date. The dispensing organization shall 
19 work diligently to determine the reason for the mistake.
20  (3) If the dispensing organization identifies an 
21 imbalance in the amount of cannabis after the daily 
22 inventory reconciliation or through other means due to 
23 theft, criminal activity, or suspected criminal activity, 
24 the dispensing organization shall immediately determine 
25 how the reduction occurred and take and document corrective 
26 action. Within 24 hours after the first discovery of the 
 
 
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1 reduction due to theft, criminal activity, or suspected 
2 criminal activity, the dispensing organization shall 
3 inform the Department and the Department of State Police in 
4 writing.
5  (4) The dispensing organization shall file an annual 
6 compilation report with the Department, including a 
7 financial statement that shall include, but not be limited 
8 to, an income statement, balance sheet, profit and loss 
9 statement, statement of cash flow, wholesale cost and 
10 sales, and any other documentation requested by the 
11 Department in writing. The financial statement shall 
12 include any other information the Department deems 
13 necessary in order to effectively administer this Act and 
14 all rules, orders, and final decisions promulgated under 
15 this Act. Statements required by this Section shall be 
16 filed with the Department within 60 days after the end of 
17 the calendar year. The compilation report shall include a 
18 letter authored by a licensed certified public accountant 
19 that it has been reviewed and is accurate based on the 
20 information provided. The dispensing organization, 
21 financial statement, and accompanying documents are not 
22 required to be audited unless specifically requested by the 
23 Department.
24 (e) A dispensing organization shall:
25  (1) Maintain the documentation required in this 
26 Section in a secure locked location at the dispensing 
 
 
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1 organization for 5 years from the date on the document;
2  (2) Provide any documentation required to be 
3 maintained in this Section to the Department for review 
4 upon request; and
5  (3) If maintaining a bank account, retain for a period 
6 of 5 years a record of each deposit or withdrawal from the 
7 account.
8 (f) If a dispensing organization chooses to have a return 
9policy for cannabis and cannabis products, the dispensing 
10organization shall seek prior approval from the Department.

11(Source: P.A. 101-27, eff. 6-25-19.)

12 (410 ILCS 705/15-85)

13 Sec. 15-85. Dispensing cannabis. 
14 (a) Before a dispensing organization agent dispenses 
15cannabis to a purchaser, the agent shall:
16  (1) Verify the age of the purchaser by checking a 
17 government-issued identification card by use of an 
18 electronic reader or electronic scanning device to scan a 
19 purchaser's government-issued identification, if 
20 applicable, to determine the purchaser's age and the 
21 validity of the identification;
22  (2) Verify the validity of the government-issued 
23 identification card by use of an electronic reader or 
24 electronic scanning device to scan a purchaser's 
25 government-issued identification, if applicable, to 
 
 
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1 determine the purchaser's age and the validity of the 
2 identification;
3  (3) Offer any appropriate purchaser education or 
4 support materials;
5  (4) Enter the following information into the State's 
6 cannabis electronic verification system:
7   (i) The dispensing organization agent's 
8 identification number;
9   (ii) The dispensing organization's identification 
10 number;
11   (iii) The amount, type (including strain, if 
12 applicable) of cannabis or cannabis-infused product 
13 dispensed;
14   (iv) The date and time the cannabis was dispensed.
15 (b) A dispensing organization shall refuse to sell cannabis 
16or cannabis-infused products to any person unless the person 
17produces a valid identification showing that the person is 21 
18years of age or older. A medical cannabis dispensing 
19organization may sell cannabis or cannabis-infused products to 
20a person who is under 21 years of age if the sale complies with 
21the provisions of the Compassionate Use of Medical Cannabis 
22Pilot Program Act and rules. 
23 (c) For the purposes of this Section, valid identification 
24must:
25  (1) Be valid and unexpired;
26  (2) Contain a photograph and the date of birth of the 
 
 
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1 person.

2(Source: P.A. 101-27, eff. 6-25-19.)

3 (410 ILCS 705/15-95)

4 Sec. 15-95. Agent-in-charge. 
5 (a) Every dispensing organization shall designate, at a 
6minimum, one agent-in-charge for each licensed dispensary. The 
7designated agent-in-charge must hold a dispensing organization 
8agent identification card. Maintaining an agent-in-charge is a 
9continuing requirement for the license, except as provided in 
10subsection (f).
11 (b) The agent-in-charge shall be a principal officer or a 
12full-time agent of the dispensing organization and shall manage 
13the dispensary. Managing the dispensary includes, but is not 
14limited to, responsibility for opening and closing the 
15dispensary, delivery acceptance, oversight of sales and 
16dispensing organization agents, recordkeeping, inventory, 
17dispensing organization agent training, and compliance with 
18this Act and rules. Participation in affairs also includes the 
19responsibility for maintaining all files subject to audit or 
20inspection by the Department at the dispensary.
21 (c) The agent-in-charge is responsible for promptly 
22notifying the Department of any change of information required 
23to be reported to the Department.
24 (d) In determining whether an agent-in-charge manages the 
25dispensary, the Department may consider the responsibilities 
 
 
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1identified in this Section, the number of dispensing 
2organization agents under the supervision of the 
3agent-in-charge, and the employment relationship between the 
4agent-in-charge and the dispensing organization, including the 
5existence of a contract for employment and any other relevant 
6fact or circumstance.
7 (e) The agent-in-charge is responsible for notifying the 
8Department of a change in the employment status of all 
9dispensing organization agents within 5 business days after the 
10change, including notice to the Department if the termination 
11of an agent was for diversion of product or theft of currency.
12 (f) In the event of the separation of an agent-in-charge 
13due to death, incapacity, termination, or any other reason and 
14if the dispensary does not have an active agent-in-charge, the 
15dispensing organization shall immediately contact the 
16Department and request a temporary certificate of authority 
17allowing the continuing operation. The request shall include 
18the name of an interim agent-in-charge until a replacement is 
19identified, or shall include the name of the replacement. The 
20Department shall issue the temporary certificate of authority 
21promptly after it approves the request. If a dispensing 
22organization fails to promptly request a temporary certificate 
23of authority after the separation of the agent-in-charge, its 
24registration shall cease until the Department approves the 
25temporary certificate of authority or registers a new 
26agent-in-charge. No temporary certificate of authority shall 
 
 
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1be valid for more than 90 days. The succeeding agent-in-charge 
2shall register with the Department in compliance with this 
3Article. Once the permanent succeeding agent-in-charge is 
4registered with the Department, the temporary certificate of 
5authority is void. No temporary certificate of authority shall 
6be issued for the separation of an agent-in-charge due to 
7disciplinary action by the Department related to his or her 
8conduct on behalf of the dispensing organization.
9 (g) The dispensing organization agent-in-charge 
10registration shall expire one year from the date it is issued. 
11The agent-in-charge's registration shall be renewed annually. 
12The Department shall review the dispensing organization's 
13compliance history when determining whether to grant the 
14request to renew.
15 (h) Upon termination of an agent-in-charge's employment, 
16the dispensing organization shall immediately reclaim the 
17dispensing agent identification card. The dispensing 
18organization shall promptly return the identification card to 
19the Department.
20 (i) The Department may deny an application or renewal or 
21discipline or revoke an agent-in-charge identification card 
22for any of the following reasons:
23  (1) Submission of misleading, incorrect, false, or 
24 fraudulent information in the application or renewal 
25 application;
26  (2) Violation of the requirements of this Act or rules;
 
 
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1  (3) Fraudulent use of the agent-in-charge 
2 identification card;
3  (4) Selling, distributing, transferring in any manner, 
4 or giving cannabis to any unauthorized person;
5  (5) Theft of cannabis, currency, or any other items 
6 from a dispensary; .
7  (6) Tampering with, falsifying, altering, modifying, 
8 or duplicating an agent-in-charge identification card;
9  (7) Tampering with, falsifying, altering, or modifying 
10 the surveillance video footage, point-of-sale system, or 
11 the State's verification system;
12  (8) Failure to notify the Department immediately upon 
13 discovery that the agent-in-charge identification card has 
14 been lost, stolen, or destroyed;
15  (9) Failure to notify the Department within 5 business 
16 days after a change in the information provided in the 
17 application for an agent-in-charge identification card;
18  (10) Conviction of a felony offense in accordance with 
19 Sections 2105-131, 2105-135, and 2105-205 of the 
20 Department of Professional Regulation Law of the Civil 
21 Administrative Code of Illinois or any incident listed in 
22 this Act or rules following the issuance of an 
23 agent-in-charge identification card; 
24  (11) Dispensing to purchasers in amounts above the 
25 limits provided in this Act; or
26  (12) Delinquency in filing any required tax returns or 
 
 
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1 paying any amounts owed to the State of Illinois.

2(Source: P.A. 101-27, eff. 6-25-19; revised 9-4-19.)

3 (410 ILCS 705/15-100)

4 Sec. 15-100. Security. 
5 (a) A dispensing organization shall implement security 
6measures to deter and prevent entry into and theft of cannabis 
7or currency.
8 (b) A dispensing organization shall submit any changes to 
9the floor plan or security plan to the Department for 
10pre-approval. All cannabis shall be maintained and stored in a 
11restricted access area during construction.
12 (c) The dispensing organization shall implement security 
13measures to protect the premises, purchasers, and dispensing 
14organization agents including, but not limited to the 
15following:
16  (1) Establish a locked door or barrier between the 
17 facility's entrance and the limited access area;
18  (2) Prevent individuals from remaining on the premises 
19 if they are not engaging in activity permitted by this Act 
20 or rules;
21  (3) Develop a policy that addresses the maximum 
22 capacity and purchaser flow in the waiting rooms and 
23 limited access areas;
24  (4) Dispose of cannabis in accordance with this Act and 
25 rules;
 
 
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1  (5) During hours of operation, store and dispense all 
2 cannabis from the restricted access area. During 
3 operational hours, cannabis shall be stored in an enclosed 
4 locked room or cabinet and accessible only to specifically 
5 authorized dispensing organization agents;
6  (6) When the dispensary is closed, store all cannabis 
7 and currency in a reinforced vault room in the restricted 
8 access area and in a manner as to prevent diversion, theft, 
9 or loss;
10  (7) Keep the reinforced vault room and any other 
11 equipment or cannabis storage areas securely locked and 
12 protected from unauthorized entry;
13  (8) Keep an electronic daily log of dispensing 
14 organization agents with access to the reinforced vault 
15 room and knowledge of the access code or combination;
16  (9) Keep all locks and security equipment in good 
17 working order;
18  (10) Maintain an operational security and alarm system 
19 at all times;
20  (11) Prohibit keys, if applicable, from being left in 
21 the locks, or stored or placed in a location accessible to 
22 persons other than specifically authorized personnel;
23  (12) Prohibit accessibility of security measures, 
24 including combination numbers, passwords, or electronic or 
25 biometric security systems to persons other than 
26 specifically authorized dispensing organization agents;
 
 
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1  (13) Ensure that the dispensary interior and exterior 
2 premises are sufficiently lit to facilitate surveillance;
3  (14) Ensure that trees, bushes, and other foliage 
4 outside of the dispensary premises do not allow for a 
5 person or persons to conceal themselves from sight;
6  (15) Develop emergency policies and procedures for 
7 securing all product and currency following any instance of 
8 diversion, theft, or loss of cannabis, and conduct an 
9 assessment to determine whether additional safeguards are 
10 necessary; and
11  (16) Develop sufficient additional safeguards in 
12 response to any special security concerns, or as required 
13 by the Department.
14 (d) The Department may request or approve alternative 
15security provisions that it determines are an adequate 
16substitute for a security requirement specified in this 
17Article. Any additional protections may be considered by the 
18Department in evaluating overall security measures.
19 (e) A dispensing dispensary organization may share 
20premises with a craft grower or an infuser organization, or 
21both, provided each licensee stores currency and cannabis or 
22cannabis-infused products in a separate secured vault to which 
23the other licensee does not have access or all licensees 
24sharing a vault share more than 50% of the same ownership.
25 (f) A dispensing organization shall provide additional 
26security as needed and in a manner appropriate for the 
 
 
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1community where it operates.
2 (g) Restricted access areas.
3  (1) All restricted access areas must be identified by 
4 the posting of a sign that is a minimum of 12 inches by 12 
5 inches and that states "Do Not Enter - Restricted Access 
6 Area - Authorized Personnel Only" in lettering no smaller 
7 than one inch in height.
8  (2) All restricted access areas shall be clearly 
9 described in the floor plan of the premises, in the form 
10 and manner determined by the Department, reflecting walls, 
11 partitions, counters, and all areas of entry and exit. The 
12 floor plan shall show all storage, disposal, and retail 
13 sales areas.
14  (3) All restricted access areas must be secure, with 
15 locking devices that prevent access from the limited access 
16 areas.
17 (h) Security and alarm.
18  (1) A dispensing organization shall have an adequate 
19 security plan and security system to prevent and detect 
20 diversion, theft, or loss of cannabis, currency, or 
21 unauthorized intrusion using commercial grade equipment 
22 installed by an Illinois licensed private alarm contractor 
23 or private alarm contractor agency that shall, at a 
24 minimum, include:
25   (i) A perimeter alarm on all entry points and glass 
26 break protection on perimeter windows;
 
 
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1   (ii) Security shatterproof tinted film on exterior 
2 windows;
3   (iii) A failure notification system that provides 
4 an audible, text, or visual notification of any failure 
5 in the surveillance system, including, but not limited 
6 to, panic buttons, alarms, and video monitoring 
7 system. The failure notification system shall provide 
8 an alert to designated dispensing organization agents 
9 within 5 minutes after the failure, either by telephone 
10 or text message;
11   (iv) A duress alarm, panic button, and alarm, or 
12 holdup alarm and after-hours intrusion detection alarm 
13 that by design and purpose will directly or indirectly 
14 notify, by the most efficient means, the Public Safety 
15 Answering Point for the law enforcement agency having 
16 primary jurisdiction;
17   (v) Security equipment to deter and prevent 
18 unauthorized entrance into the dispensary, including 
19 electronic door locks on the limited and restricted 
20 access areas that include devices or a series of 
21 devices to detect unauthorized intrusion that may 
22 include a signal system interconnected with a radio 
23 frequency method, cellular, private radio signals or 
24 other mechanical or electronic device.
25  (2) All security system equipment and recordings shall 
26 be maintained in good working order, in a secure location 
 
 
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1 so as to prevent theft, loss, destruction, or alterations.
2  (3) Access to surveillance monitoring recording 
3 equipment shall be limited to persons who are essential to 
4 surveillance operations, law enforcement authorities 
5 acting within their jurisdiction, security system service 
6 personnel, and the Department. A current list of authorized 
7 dispensing organization agents and service personnel that 
8 have access to the surveillance equipment must be available 
9 to the Department upon request.
10  (4) All security equipment shall be inspected and 
11 tested at regular intervals, not to exceed one month from 
12 the previous inspection, and tested to ensure the systems 
13 remain functional.
14  (5) The security system shall provide protection 
15 against theft and diversion that is facilitated or hidden 
16 by tampering with computers or electronic records.
17  (6) The dispensary shall ensure all access doors are 
18 not solely controlled by an electronic access panel to 
19 ensure that locks are not released during a power outage.
20 (i) To monitor the dispensary, the dispensing organization 
21shall incorporate continuous electronic video monitoring 
22including the following:
23  (1) All monitors must be 19 inches or greater;
24  (2) Unobstructed video surveillance of all enclosed 
25 dispensary areas, unless prohibited by law, including all 
26 points of entry and exit that shall be appropriate for the 
 
 
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1 normal lighting conditions of the area under surveillance. 
2 The cameras shall be directed so all areas are captured, 
3 including, but not limited to, safes, vaults, sales areas, 
4 and areas where cannabis is stored, handled, dispensed, or 
5 destroyed. Cameras shall be angled to allow for facial 
6 recognition, the capture of clear and certain 
7 identification of any person entering or exiting the 
8 dispensary area and in lighting sufficient during all times 
9 of night or day;
10  (3) Unobstructed video surveillance of outside areas, 
11 the storefront, and the parking lot, that shall be 
12 appropriate for the normal lighting conditions of the area 
13 under surveillance. Cameras shall be angled so as to allow 
14 for the capture of facial recognition, clear and certain 
15 identification of any person entering or exiting the 
16 dispensary and the immediate surrounding area, and license 
17 plates of vehicles in the parking lot;
18  (4) 24-hour recordings from all video cameras 
19 available for immediate viewing by the Department upon 
20 request. Recordings shall not be destroyed or altered and 
21 shall be retained for at least 90 days. Recordings shall be 
22 retained as long as necessary if the dispensing 
23 organization is aware of the loss or theft of cannabis or a 
24 pending criminal, civil, or administrative investigation 
25 or legal proceeding for which the recording may contain 
26 relevant information;
 
 
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1  (5) The ability to immediately produce a clear, color 
2 still photo from the surveillance video, either live or 
3 recorded;
4  (6) A date and time stamp embedded on all video 
5 surveillance recordings. The date and time shall be 
6 synchronized and set correctly and shall not significantly 
7 obscure the picture;
8  (7) The ability to remain operational during a power 
9 outage and ensure all access doors are not solely 
10 controlled by an electronic access panel to ensure that 
11 locks are not released during a power outage;
12  (8) All video surveillance equipment shall allow for 
13 the exporting of still images in an industry standard image 
14 format, including .jpg, .bmp, and .gif. Exported video 
15 shall have the ability to be archived in a proprietary 
16 format that ensures authentication of the video and 
17 guarantees that no alteration of the recorded image has 
18 taken place. Exported video shall also have the ability to 
19 be saved in an industry standard file format that can be 
20 played on a standard computer operating system. All 
21 recordings shall be erased or destroyed before disposal;
22  (9) The video surveillance system shall be operational 
23 during a power outage with a 4-hour minimum battery backup;
24  (10) A video camera or cameras recording at each 
25 point-of-sale location allowing for the identification of 
26 the dispensing organization agent distributing the 
 
 
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1 cannabis and any purchaser. The camera or cameras shall 
2 capture the sale, the individuals and the computer monitors 
3 used for the sale;
4  (11) A failure notification system that provides an 
5 audible and visual notification of any failure in the 
6 electronic video monitoring system; and
7  (12) All electronic video surveillance monitoring must 
8 record at least the equivalent of 8 frames per second and 
9 be available as recordings to the Department and the 
10 Department of State Police 24 hours a day via a secure 
11 web-based portal with reverse functionality.
12 (j) The requirements contained in this Act are minimum 
13requirements for operating a dispensing organization. The 
14Department may establish additional requirements by rule.

15(Source: P.A. 101-27, eff. 6-25-19.)

16 (410 ILCS 705/15-145)

17 Sec. 15-145. Grounds for discipline. 
18 (a) The Department may deny issuance, refuse to renew or 
19restore, or may reprimand, place on probation, suspend, revoke, 
20or take other disciplinary or nondisciplinary action against 
21any license or agent identification card or may impose a fine 
22for any of the following:
23  (1) Material misstatement in furnishing information to 
24 the Department;
25  (2) Violations of this Act or rules;
 
 
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1  (3) Obtaining an authorization or license by fraud or 
2 misrepresentation;
3  (4) A pattern of conduct that demonstrates 
4 incompetence or that the applicant has engaged in conduct 
5 or actions that would constitute grounds for discipline 
6 under this the Act;
7  (5) Aiding or assisting another person in violating any 
8 provision of this Act or rules;
9  (6) Failing to respond to a written request for 
10 information by the Department within 30 days;
11  (7) Engaging in unprofessional, dishonorable, or 
12 unethical conduct of a character likely to deceive, 
13 defraud, or harm the public;
14  (8) Adverse action by another United States 
15 jurisdiction or foreign nation;
16  (9) A finding by the Department that the licensee, 
17 after having his or her license placed on suspended or 
18 probationary status, has violated the terms of the 
19 suspension or probation;
20  (10) Conviction, entry of a plea of guilty, nolo 
21 contendere, or the equivalent in a State or federal court 
22 of a principal officer or agent-in-charge of a felony 
23 offense in accordance with Sections 2105-131, 2105-135, 
24 and 2105-205 of the Department of Professional Regulation 
25 Law of the Civil Administrative Code of Illinois;
26  (11) Excessive use of or addiction to alcohol, 
 
 
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1 narcotics, stimulants, or any other chemical agent or drug;
2  (12) A finding by the Department of a discrepancy in a 
3 Department audit of cannabis;
4  (13) A finding by the Department of a discrepancy in a 
5 Department audit of capital or funds;
6  (14) A finding by the Department of acceptance of 
7 cannabis from a source other than an Adult Use Cultivation 
8 Center, craft grower, infuser, or transporting 
9 organization licensed by the Department of Agriculture, or 
10 a dispensing organization licensed by the Department;
11  (15) An inability to operate using reasonable 
12 judgment, skill, or safety due to physical or mental 
13 illness or other impairment or disability, including, 
14 without limitation, deterioration through the aging 
15 process or loss of motor skills or mental incompetence;
16  (16) Failing to report to the Department within the 
17 time frames established, or if not identified, 14 days, of 
18 any adverse action taken against the dispensing 
19 organization or an agent by a licensing jurisdiction in any 
20 state or any territory of the United States or any foreign 
21 jurisdiction, any governmental agency, any law enforcement 
22 agency or any court defined in this Section;
23  (17) Any violation of the dispensing organization's 
24 policies and procedures submitted to the Department 
25 annually as a condition for licensure; 
26  (18) Failure to inform the Department of any change of 
 
 
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1 address within 10 business days;
2  (19) Disclosing customer names, personal information, 
3 or protected health information in violation of any State 
4 or federal law;
5  (20) Operating a dispensary before obtaining a license 
6 from the Department;
7  (21) Performing duties authorized by this Act prior to 
8 receiving a license to perform such duties;
9  (22) Dispensing cannabis when prohibited by this Act or 
10 rules;
11  (23) Any fact or condition that, if it had existed at 
12 the time of the original application for the license, would 
13 have warranted the denial of the license;
14  (24) Permitting a person without a valid agent 
15 identification card to perform licensed activities under 
16 this Act;
17  (25) Failure to assign an agent-in-charge as required 
18 by this Article;
19  (26) Failure to provide the training required by 
20 paragraph (3) of subsection (i) of Section 15-40 within the 
21 provided timeframe; 
22  (27) Personnel insufficient in number or unqualified 
23 in training or experience to properly operate the 
24 dispensary business;
25  (28) Any pattern of activity that causes a harmful 
26 impact on the community; and
 
 
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1  (29) Failing to prevent diversion, theft, or loss of 
2 cannabis.
3 (b) All fines and fees imposed under this Section shall be 
4paid within 60 days after the effective date of the order 
5imposing the fine or as otherwise specified in the order.
6 (c) A circuit court order establishing that an 
7agent-in-charge or principal officer holding an agent 
8identification card is subject to involuntary admission as that 
9term is defined in Section 1-119 or 1-119.1 of the Mental 
10Health and Developmental Disabilities Code shall operate as a 
11suspension of that card.

12(Source: P.A. 101-27, eff. 6-25-19; revised 9-4-19.)

13 (410 ILCS 705/15-155)

14 Sec. 15-155. Unlicensed practice; violation; civil penalty 
15Consent to administrative supervision order. 
16 (a) In addition to any other penalty provided by law, any 
17person who practices, offers to practice, attempts to practice, 
18or holds oneself out to practice as a licensed dispensing 
19organization owner, principal officer, agent-in-charge, or 
20agent without being licensed under this Act shall, in addition 
21to any other penalty provided by law, pay a civil penalty to 
22the Department of Financial and Professional Regulation in an 
23amount not to exceed $10,000 for each offense as determined by 
24the Department. The civil penalty shall be assessed by the 
25Department after a hearing is held in accordance with the 
 
 
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1provisions set forth in this Act regarding the provision of a 
2hearing for the discipline of a licensee.
3 (b) The Department has the authority and power to 
4investigate any and all unlicensed activity.
5 (c) The civil penalty shall be paid within 60 days after 
6the effective date of the order imposing the civil penalty or 
7in accordance with the order imposing the civil penalty. The 
8order shall constitute a judgment and may be filed and 
9execution had thereon in the same manner as any judgment from 
10any court of this State. 
11In appropriate cases, the Department may resolve a complaint 
12against a licensee or agent through the issuance of a consent 
13order for administrative supervision. A license or agent 
14subject to a consent order shall be considered by the 
15Department to hold a license or registration in good standing.

16(Source: P.A. 101-27, eff. 6-25-19.)

17 (410 ILCS 705/20-10)

18 Sec. 20-10. Early Approval of Adult Use Cultivation Center 
19License. 
20 (a) Any medical cannabis cultivation center registered and 
21in good standing under the Compassionate Use of Medical 
22Cannabis Pilot Program Act as of the effective date of this Act 
23may, within 60 days of the effective date of this Act but no 
24later than 180 days from the effective date of this Act, apply 
25to the Department of Agriculture for an Early Approval Adult 
 
 
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1Use Cultivation Center License to produce cannabis and 
2cannabis-infused products at its existing facilities as of the 
3effective date of this Act. 
4 (b) A medical cannabis cultivation center seeking issuance 
5of an Early Approval Adult Use Cultivation Center License shall 
6submit an application on forms provided by the Department of 
7Agriculture. The application must meet or include the following 
8qualifications:
9  (1) Payment of a nonrefundable application fee of 
10 $100,000 to be deposited into the Cannabis Regulation Fund;
11  (2) Proof of registration as a medical cannabis 
12 cultivation center that is in good standing;
13  (3) Submission of the application by the same person or 
14 entity that holds the medical cannabis cultivation center 
15 registration;
16  (4) Certification that the applicant will comply with 
17 the requirements of Section 20-30;
18  (5) The legal name of the cultivation center;
19  (6) The physical address of the cultivation center;
20  (7) The name, address, social security number, and date 
21 of birth of each principal officer and board member of the 
22 cultivation center; each of those individuals shall be at 
23 least 21 years of age;
24  (8) A nonrefundable Cannabis Business Development Fee 
25 equal to 5% of the cultivation center's total sales between 
26 June 1, 2018 to June 1, 2019 or $750,000, whichever is 
 
 
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1 less, but at not less than $250,000, to be deposited into 
2 the Cannabis Business Development Fund; and
3  (9) A commitment to completing one of the following 
4 Social Equity Inclusion Plans provided for in this 
5 subsection (b) before the expiration of the Early Approval 
6 Adult Use Cultivation Center License:
7   (A) A contribution of 5% of the cultivation 
8 center's total sales from June 1, 2018 to June 1, 2019, 
9 or $100,000, whichever is less, to one of the 
10 following: 
11    (i) the Cannabis Business Development Fund. 
12 This is in addition to the fee required by item (8) 
13 of this subsection (b);
14    (ii) a cannabis industry training or education 
15 program at an Illinois community college as 
16 defined in the Public Community College Act;
17    (iii) a program that provides job training 
18 services to persons recently incarcerated or that 
19 operates in a Disproportionately Impacted Area.
20   (B) Participate as a host in a cannabis business 
21 incubator program for at least one year approved by the 
22 Department of Commerce and Economic Opportunity, and 
23 in which an Early Approval Adult Use Cultivation Center 
24 License holder agrees to provide a loan of at least 
25 $100,000 and mentorship to incubate a licensee that 
26 qualifies as a Social Equity Applicant. As used in this 
 
 
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1 Section, "incubate" means providing direct financial 
2 assistance and training necessary to engage in 
3 licensed cannabis industry activity similar to that of 
4 the host licensee. The Early Approval Adult Use 
5 Cultivation Center License holder or the same entity 
6 holding any other licenses issued pursuant to this Act 
7 shall not take an ownership stake of greater than 10% 
8 in any business receiving incubation services to 
9 comply with this subsection. If an Early Approval Adult 
10 Use Cultivation Center License holder fails to find a 
11 business to incubate to comply with this subsection 
12 before its Early Approval Adult Use Cultivation Center 
13 License expires, it may opt to meet the requirement of 
14 this subsection by completing another item from this 
15 subsection prior to the expiration of its Early 
16 Approval Adult Use Cultivation Center License to avoid 
17 a penalty.
18 (c) An Early Approval Adult Use Cultivation Center License 
19is valid until March 31, 2021. A cultivation center that 
20obtains an Early Approval Adult Use Cultivation Center License 
21shall receive written or electronic notice 90 days before the 
22expiration of the license that the license will expire, and 
23inform the license holder that it may renew its Early Approval 
24Adult Use Cultivation Center License. The Department of 
25Agriculture shall grant a renewal of an Early Approval Adult 
26Use Cultivation Center License within 60 days of submission of 
 
 
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1an application if:
2  (1) the cultivation center submits an application and 
3 the required renewal fee of $100,000 for an Early Approval 
4 Adult Use Cultivation Center License;
5  (2) the Department of Agriculture has not suspended the 
6 license of the cultivation center or suspended or revoked 
7 the license for violating this Act or rules adopted under 
8 this Act; and
9  (3) the cultivation center has completed a Social 
10 Equity Inclusion Plan as required by item (9) of subsection 
11 (b) of this Section.
12 (c-5) The Early Approval Adult Use Cultivation Center 
13License renewed pursuant to subsection (c) of this Section 
14shall expire March 31, 2022. The Early Approval Adult Use 
15Cultivation Center Licensee shall receive written or 
16electronic notice 90 days before the expiration of the license 
17that the license will expire, and inform the license holder 
18that it may apply for an Adult Use Cultivation Center License. 
19The Department of Agriculture shall grant an Adult Use 
20Dispensing Organization License within 60 days of an 
21application being deemed complete if the applicant meets all of 
22the criteria in Section 20-21.

23 (d) The license fee required by paragraph (1) of subsection 
24(c) of this Section shall be in addition to any license fee 
25required for the renewal of a registered medical cannabis 
26cultivation center license that expires during the effective 
 
 
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1period of the Early Approval Adult Use Cultivation Center 
2License.
3 (e) Applicants must submit all required information, 
4including the requirements in subsection (b) of this Section, 
5to the Department of Agriculture. Failure by an applicant to 
6submit all required information may result in the application 
7being disqualified.
8 (f) If the Department of Agriculture receives an 
9application with missing information, the Department may issue 
10a deficiency notice to the applicant. The applicant shall have 
1110 calendar days from the date of the deficiency notice to 
12submit complete information. Applications that are still 
13incomplete after this opportunity to cure may be disqualified.
14 (g) If an applicant meets all the requirements of 
15subsection (b) of this Section, the Department of Agriculture 
16shall issue the Early Approval Adult Use Cultivation Center 
17License within 14 days of receiving the application unless:
18  (1) The licensee; principal officer, board member, or 
19 person having a financial or voting interest of 5% or 
20 greater in the licensee; or agent is delinquent in filing 
21 any required tax returns or paying any amounts owed to the 
22 State of Illinois;
23  (2) The Director of Agriculture determines there is 
24 reason, based on an inordinate number of documented 
25 compliance violations, the licensee is not entitled to an 
26 Early Approval Adult Use Cultivation Center License; or
 
 
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1  (3) The licensee fails to commit to the Social Equity 
2 Inclusion Plan.
3 (h) A cultivation center may begin producing cannabis and 
4cannabis-infused products once the Early Approval Adult Use 
5Cultivation Center License is approved. A cultivation center 
6that obtains an Early Approval Adult Use Cultivation Center 
7License may begin selling cannabis and cannabis-infused 
8products on December 1, 2019.
9 (i) An Early Approval Adult Use Cultivation Center License 
10holder must continue to produce and provide an adequate supply 
11of cannabis and cannabis-infused products for purchase by 
12qualifying patients and caregivers. For the purposes of this 
13subsection, "adequate supply" means a monthly production level 
14that is comparable in type and quantity to those medical 
15cannabis products produced for patients and caregivers on an 
16average monthly basis for the 6 months before the effective 
17date of this Act.
18 (j) If there is a shortage of cannabis or cannabis-infused 
19products, a license holder shall prioritize patients 
20registered under the Compassionate Use of Medical Cannabis 
21Pilot Program Act over adult use purchasers.
22 (k) If an Early Approval Adult Use Cultivation Center 
23licensee fails to submit an application for an Adult Use 
24Cultivation Center License before the expiration of the Early 
25Approval Adult Use Cultivation Center License pursuant to 
26subsection (c-5) of this Section, the cultivation center shall 
 
 
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1cease adult use cultivation until it receives an Adult Use 
2Cultivation Center License.
3 (l) A cultivation center agent who holds a valid 
4cultivation center agent identification card issued under the 
5Compassionate Use of Medical Cannabis Pilot Program Act and is 
6an officer, director, manager, or employee of the cultivation 
7center licensed under this Section may engage in all activities 
8authorized by this Article to be performed by a cultivation 
9center agent.
10 (m) If the Department of Agriculture suspends or revokes 
11the Early Approval Adult Use Cultivation Center License of a 
12cultivation center that also holds a medical cannabis 
13cultivation center license issued under the Compassionate Use 
14of Medical Cannabis Pilot Program Act, the Department of 
15Agriculture may suspend or revoke the medical cannabis 
16cultivation center license concurrently with the Early 
17Approval Adult Use Cultivation Center License.
18 (n) All fees or fines collected from an Early Approval 
19Adult Use Cultivation Center License holder as a result of a 
20disciplinary action in the enforcement of this Act shall be 
21deposited into the Cannabis Regulation Fund. 

22(Source: P.A. 101-27, eff. 6-25-19.)

23 (410 ILCS 705/20-15)

24 Sec. 20-15. Conditional Adult Use Cultivation Center 
25application. 
 
 
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1 (a) If the Department of Agriculture makes available 
2additional cultivation center licenses pursuant to Section 
320-5, applicants for a Conditional Adult Use Cultivation Center 
4License shall electronically submit the following in such form 
5as the Department of Agriculture may direct:
6  (1) the nonrefundable application fee set by rule by 
7 the Department of Agriculture, to be deposited into the 
8 Cannabis Regulation Fund;
9  (2) the legal name of the cultivation center;
10  (3) the proposed physical address of the cultivation 
11 center;
12  (4) the name, address, social security number, and date 
13 of birth of each principal officer and board member of the 
14 cultivation center; each principal officer and board 
15 member shall 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 cultivation center (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 
21 board of a business or non-profit organization that pled 
22 guilty, was convicted, was fined, or had a registration or 
23 license suspended or revoked;
24  (6) proposed operating bylaws that include procedures 
25 for the oversight of the cultivation center, 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 cannabis on 
6 a weekly basis by the cultivation center;
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 cultivation 
13 center is in compliance with the local zoning rules and 
14 distance limitations established by the local 
15 jurisdiction;
16  (9) proposed employment practices, in which the 
17 applicant must demonstrate a plan of action to inform, 
18 hire, and educate minorities, women, veterans, and persons 
19 with disabilities, engage in fair labor practices, and 
20 provide worker protections;
21  (10) whether an applicant can demonstrate experience 
22 in or business practices that promote economic empowerment 
23 in Disproportionately Impacted Areas;
24  (11) experience with the cultivation of agricultural 
25 or horticultural products, operating an agriculturally 
26 related business, or operating a horticultural business;
 
 
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1  (12) a description of the enclosed, locked facility 
2 where cannabis will be grown, harvested, manufactured, 
3 processed, packaged, or otherwise prepared for 
4 distribution to a dispensing organization;
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 cultivation center 
17 operation with respect to which the license is sought, 
18 whether a trust, corporation, partnership, limited 
19 liability company, or sole proprietorship, including the 
20 name and address of each person;
21  (18) a plan describing how the cultivation center will 
22 address each of the following:
23   (i) energy needs, including estimates of monthly 
24 electricity and gas usage, to what extent it will 
25 procure energy from a local utility or from on-site 
26 generation, and if it has or will adopt a sustainable 
 
 
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1 energy use and energy conservation policy;
2   (ii) water needs, including estimated water draw 
3 and if it has or will adopt a sustainable water use and 
4 water conservation policy; and
5   (iii) waste management, including if it has or will 
6 adopt a waste reduction policy; 
7  (19) a diversity plan that includes a narrative of not 
8 more than 2,500 words that establishes a goal of diversity 
9 in ownership, management, employment, and contracting to 
10 ensure that diverse participants and groups are afforded 
11 equality of opportunity;
12  (20) any other information required by rule;
13  (21) a recycling plan:
14   (A) Purchaser packaging, including cartridges, 
15 shall be accepted by the applicant and recycled.
16   (B) Any recyclable waste generated by the cannabis 
17 cultivation facility shall be recycled per applicable 
18 State and local laws, ordinances, and rules.
19   (C) Any cannabis waste, liquid waste, or hazardous 
20 waste shall be disposed of in accordance with 8 Ill. 
21 Adm. Code 1000.460, except, to the greatest extent 
22 feasible, all cannabis plant waste will be rendered 
23 unusable by grinding and incorporating the cannabis 
24 plant waste with compostable mixed waste to be disposed 
25 of in accordance with 8 Ill. Adm. Code 1000.460(g)(1);
26  (22) commitment to comply with local waste provisions: 
 
 
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1 a cultivation facility must remain in compliance with 
2 applicable State and federal environmental requirements, 
3 including, but not limited to:
4   (A) storing, securing, and managing all 
5 recyclables and waste, including organic waste 
6 composed of or containing finished cannabis and 
7 cannabis products, in accordance with applicable State 
8 and local laws, ordinances, and rules; and
9   (B) disposing Disposing liquid waste containing 
10 cannabis or byproducts of cannabis processing in 
11 compliance with all applicable State and federal 
12 requirements, including, but not limited to, the 
13 cannabis cultivation facility's permits under Title X 
14 of the Environmental Protection Act; and
15  (23) a commitment to a technology standard for resource 
16 efficiency of the cultivation center facility.
17   (A) A cannabis cultivation facility commits to use 
18 resources efficiently, including energy and water. For 
19 the following, a cannabis cultivation facility commits 
20 to meet or exceed the technology standard identified in 
21 items (i), (ii), (iii), and (iv), which may be modified 
22 by rule:
23    (i) lighting systems, including light bulbs;
24    (ii) HVAC system;
25    (iii) water application system to the crop; 
26 and
 
 
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1    (iv) filtration system for removing 
2 contaminants from wastewater.
3   (B) Lighting. The Lighting Power Densities (LPD) 
4 for cultivation space commits to not exceed an average 
5 of 36 watts per gross square foot of active and growing 
6 space canopy, or all installed lighting technology 
7 shall meet a photosynthetic photon efficacy (PPE) of no 
8 less than 2.2 micromoles per joule fixture and shall be 
9 featured on the DesignLights Consortium (DLC) 
10 Horticultural Specification Qualified Products List 
11 (QPL). In the event that DLC requirement for minimum 
12 efficacy exceeds 2.2 micromoles per joule fixture, 
13 that PPE shall become the new standard.
14   (C) HVAC.
15    (i) For cannabis grow operations with less 
16 than 6,000 square feet of canopy, the licensee 
17 commits that all HVAC units will be 
18 high-efficiency ductless split HVAC units, or 
19 other more energy efficient equipment. 
20    (ii) For cannabis grow operations with 6,000 
21 square feet of canopy or more, the licensee commits 
22 that all HVAC units will be variable refrigerant 
23 flow HVAC units, or other more energy efficient 
24 equipment.
25   (D) Water application.
26    (i) The cannabis cultivation facility commits 
 
 
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1 to use automated watering systems, including, but 
2 not limited to, drip irrigation and flood tables, 
3 to irrigate cannabis crop.
4    (ii) The cannabis cultivation facility commits 
5 to measure runoff from watering events and report 
6 this volume in its water usage plan, and that on 
7 average, watering events shall have no more than 
8 20% of runoff of water. 
9   (E) Filtration. The cultivator commits that HVAC 
10 condensate, dehumidification water, excess runoff, and 
11 other wastewater produced by the cannabis cultivation 
12 facility shall be captured and filtered to the best of 
13 the facility's ability to achieve the quality needed to 
14 be reused in subsequent watering rounds.
15   (F) Reporting energy use and efficiency as 
16 required by rule.
17 (b) Applicants must submit all required information, 
18including the information required in Section 20-10, to the 
19Department of Agriculture. Failure by an applicant to submit 
20all required information may result in the application being 
21disqualified.
22 (c) If the Department of Agriculture receives an 
23application with missing information, the Department of 
24Agriculture may issue a deficiency notice to the applicant. The 
25applicant shall have 10 calendar days from the date of the 
26deficiency notice to resubmit the incomplete information. 
 
 
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1Applications that are still incomplete after this opportunity 
2to cure will not be scored and will be disqualified.
3 (e) A cultivation center that is awarded a Conditional 
4Adult Use Cultivation Center License pursuant to the criteria 
5in Section 20-20 shall not grow, purchase, possess, or sell 
6cannabis or cannabis-infused products until the person has 
7received an Adult Use Cultivation Center License issued by the 
8Department of Agriculture pursuant to Section 20-21 of this 
9Act. 

10(Source: P.A. 101-27, eff. 6-25-19; revised 9-10-19.)

11 (410 ILCS 705/20-20)

12 Sec. 20-20. Conditional Adult Use License scoring 
13applications.
14 (a) The Department of Agriculture shall by rule develop a 
15system to score cultivation center applications to 
16administratively rank applications based on the clarity, 
17organization, and quality of the applicant's responses to 
18required information. Applicants shall be awarded points based 
19on the following categories:
20  (1) Suitability of the proposed facility;
21  (2) Suitability of employee training plan;
22  (3) Security and recordkeeping;
23  (4) Cultivation plan;
24  (5) Product safety and labeling plan;
25  (6) Business plan;
 
 
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1  (7) The applicant's status as a Social Equity 
2 Applicant, which shall constitute no less than 20% of total 
3 available points;
4  (8) Labor and employment practices, which shall 
5 constitute no less than 2% of total available points;
6  (9) Environmental plan as described in paragraphs 
7 (18), (21), (22), and (23) of subsection (a) of Section 
8 20-15;
9  (10) The applicant is 51% or more owned and controlled 
10 by an individual or individuals who have been an Illinois 
11 resident for the past 5 years as proved by tax records or 2 
12 of the following: ;
13   (A) a signed lease agreement that includes the 
14 applicant's name;
15   (B) a property deed that includes the applicant's 
16 name;
17   (C) school records;
18   (D) a voter registration card;
19   (E) an Illinois driver's license, an Illinois 
20 Identification Card, or an Illinois Person with a 
21 Disability Identification Card;
22   (F) a paycheck stub;
23   (G) a utility bill; or
24   (H) any other proof of residency or other 
25 information necessary to establish residence as 
26 provided by rule;
 
 
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1  (11) The applicant is 51% or more controlled and owned 
2 by an individual or individuals who meet the qualifications 
3 of a veteran as defined by Section 45-57 of the Illinois 
4 Procurement Code;
5  (12) a diversity plan that includes a narrative of not 
6 more than 2,500 words that establishes a goal of diversity 
7 in ownership, management, employment, and contracting to 
8 ensure that diverse participants and groups are afforded 
9 equality of opportunity; and
10  (13) Any other criteria the Department of Agriculture 
11 may set by rule for points.
12 (b) The Department may also award bonus points for the 
13applicant's plan to engage with the community. Bonus points 
14will only be awarded if the Department receives applications 
15that receive an equal score for a particular region.
16 (c) Should the applicant be awarded a cultivation center 
17license, the information and plans that an applicant provided 
18in its application, including any plans submitted for the 
19acquiring of bonus points, becomes a mandatory condition of the 
20permit. Any variation from or failure to perform such plans may 
21result in discipline, including the revocation or nonrenewal of 
22a license.
23 (d) Should the applicant be awarded a cultivation center 
24license, it shall pay a fee of $100,000 prior to receiving the 
25license, to be deposited into the Cannabis Regulation Fund. The 
26Department of Agriculture may by rule adjust the fee in this 
 
 
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1Section after January 1, 2021.

2(Source: P.A. 101-27, eff. 6-25-19.)

3 (410 ILCS 705/20-30)

4 Sec. 20-30. Cultivation center requirements; prohibitions. 
5 (a) The operating documents of a cultivation center shall 
6include procedures for the oversight of the cultivation center 
7a cannabis plant monitoring system including a physical 
8inventory recorded weekly, accurate recordkeeping, and a 
9staffing plan.
10 (b) A cultivation center shall implement a security plan 
11reviewed by the Department of State Police that includes, but 
12is not limited to: facility access controls, perimeter 
13intrusion detection systems, personnel identification systems, 
1424-hour surveillance system to monitor the interior and 
15exterior of the cultivation center facility and accessibility 
16to authorized law enforcement, the Department of Public Health 
17where processing takes place, and the Department of Agriculture 
18in real time.
19 (c) All cultivation of cannabis by a cultivation center 
20must take place in an enclosed, locked facility at the physical 
21address provided to the Department of Agriculture during the 
22licensing process. The cultivation center location shall only 
23be accessed by the agents working for the cultivation center, 
24the Department of Agriculture staff performing inspections, 
25the Department of Public Health staff performing inspections, 
 
 
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1local and State law enforcement or other emergency personnel, 
2contractors working on jobs unrelated to cannabis, such as 
3installing or maintaining security devices or performing 
4electrical wiring, transporting organization agents as 
5provided in this Act, individuals in a mentoring or educational 
6program approved by the State, or other individuals as provided 
7by rule.
8 (d) A cultivation center may not sell or distribute any 
9cannabis or cannabis-infused products to any person other than 
10a dispensing organization, craft grower, infuser infusing 
11organization, transporter, or as otherwise authorized by rule.
12 (e) A cultivation center may not either directly or 
13indirectly discriminate in price between different dispensing 
14organizations, craft growers, or infuser organizations that 
15are purchasing a like grade, strain, brand, and quality of 
16cannabis or cannabis-infused product. Nothing in this 
17subsection (e) prevents a cultivation centers from pricing 
18cannabis differently based on differences in the cost of 
19manufacturing or processing, the quantities sold, such as 
20volume discounts, or the way the products are delivered.
21 (f) All cannabis harvested by a cultivation center and 
22intended for distribution to a dispensing organization must be 
23entered into a data collection system, packaged and labeled 
24under Section 55-21, and placed into a cannabis container for 
25transport. All cannabis harvested by a cultivation center and 
26intended for distribution to a craft grower or infuser 
 
 
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1organization must be packaged in a labeled cannabis container 
2and entered into a data collection system before transport.
3 (g) Cultivation centers are subject to random inspections 
4by the Department of Agriculture, the Department of Public 
5Health, local safety or health inspectors, and the Department 
6of State Police.
7 (h) A cultivation center agent shall notify local law 
8enforcement, the Department of State Police, and the Department 
9of Agriculture within 24 hours of the discovery of any loss or 
10theft. Notification shall be made by phone or in person, or by 
11written or electronic communication.
12 (i) A cultivation center shall comply with all State and 
13any applicable federal rules and regulations regarding the use 
14of pesticides on cannabis plants.
15 (j) No person or entity shall hold any legal, equitable, 
16ownership, or beneficial interest, directly or indirectly, of 
17more than 3 cultivation centers licensed under this Article. 
18Further, no person or entity that is employed by, an agent of, 
19has a contract to receive payment in any form from a 
20cultivation center, is a principal officer of a cultivation 
21center, or entity controlled by or affiliated with a principal 
22officer of a cultivation shall hold any legal, equitable, 
23ownership, or beneficial interest, directly or indirectly, in a 
24cultivation that would result in the person or entity owning or 
25controlling in combination with any cultivation center, 
26principal officer of a cultivation center, or entity controlled 
 
 
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1or affiliated with a principal officer of a cultivation center 
2by which he, she, or it is employed, is an agent of, or 
3participates in the management of, more than 3 cultivation 
4center licenses.
5 (k) A cultivation center may not contain more than 210,000 
6square feet of canopy space for plants in the flowering stage 
7for cultivation of adult use cannabis as provided in this Act.
8 (l) A cultivation center may process cannabis, cannabis 
9concentrates, and cannabis-infused products.
10 (m) Beginning July 1, 2020, a cultivation center shall not 
11transport cannabis or cannabis-infused products to a craft 
12grower, dispensing organization, infuser organization, or 
13laboratory licensed under this Act, unless it has obtained a 
14transporting organization license.
15 (n) It is unlawful for any person having a cultivation 
16center license or any officer, associate, member, 
17representative, or agent of such licensee to offer or deliver 
18money, or anything else of value, directly or indirectly to any 
19person having an Early Approval Adult Use Dispensing 
20Organization License, a Conditional Adult Use Dispensing 
21Organization License, an Adult Use Dispensing Organization 
22License, or a medical cannabis dispensing organization license 
23issued under the Compassionate Use of Medical Cannabis Pilot 
24Program Act, or to any person connected with or in any way 
25representing, or to any member of the family of, such person 
26holding an Early Approval Adult Use Dispensing Organization 
 
 
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1License, a Conditional Adult Use Dispensing Organization 
2License, an Adult Use Dispensing Organization License, or a 
3medical cannabis dispensing organization license issued under 
4the Compassionate Use of Medical Cannabis Pilot Program Act, or 
5to any stockholders in any corporation engaged in the retail 
6sale of cannabis, or to any officer, manager, agent, or 
7representative of the Early Approval Adult Use Dispensing 
8Organization License, a Conditional Adult Use Dispensing 
9Organization License, an Adult Use Dispensing Organization 
10License, or a medical cannabis dispensing organization license 
11issued under the Compassionate Use of Medical Cannabis Pilot 
12Program Act to obtain preferential placement within the 
13dispensing organization, including, without limitation, on 
14shelves and in display cases where purchasers can view 
15products, or on the dispensing organization's website.
16 (o) A cultivation center must comply with any other 
17requirements or prohibitions set by administrative rule of the 
18Department of Agriculture.

19(Source: P.A. 101-27, eff. 6-25-19.)

20 (410 ILCS 705/25-1)
21 (Section scheduled to be repealed on July 1, 2026)

22 Sec. 25-1. Definitions. In this Article:
23 "Board" means the Illinois Community College Board.
24 "Career in Cannabis Certificate" or "Certificate" means 
25the certification awarded to a community college student who 
 
 
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1completes a prescribed course of study in cannabis and cannabis 
2business industry related classes and curriculum at a community 
3college awarded a Community College Cannabis Vocational Pilot 
4Program license.
5 "Community college" means a public community college 
6organized under the Public Community College Act. 
7 "Department" means the Department of Agriculture.
8 "Licensee" means a community college awarded a Community 
9College Cannabis Vocational Pilot Program license under this 
10Article.
11 "Program" means the Community College Cannabis Vocational 
12Pilot Program.
13 "Program license" means a Community College Cannabis 
14Vocational Pilot Program license issued to a community college 
15under this Article.

16(Source: P.A. 101-27, eff. 6-25-19; revised 8-16-19.)

17 (410 ILCS 705/25-10)
18 (Section scheduled to be repealed on July 1, 2026)

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

22(Source: P.A. 101-27, eff. 6-25-19.)

23 (410 ILCS 705/30-5)

24 Sec. 30-5. Issuance of licenses. 
25 (a) The Department of Agriculture shall issue up to 40 
 
 
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1craft grower licenses by July 1, 2020. Any person or entity 
2awarded a license pursuant to this subsection shall only hold 
3one craft grower license and may not sell that license until 
4after December 21, 2021.
5 (b) By December 21, 2021, the Department of Agriculture 
6shall issue up to 60 additional craft grower licenses. Any 
7person or entity awarded a license pursuant to this subsection 
8shall not hold more than 2 craft grower licenses. The person or 
9entity awarded a license pursuant to this subsection or 
10subsection (a) of this Section may sell its craft grower 
11license subject to the restrictions of this Act or as 
12determined by administrative rule. Prior to issuing such 
13licenses, the Department may adopt rules through emergency 
14rulemaking in accordance with subsection (gg) of Section 5-45 
15of the Illinois Administrative Procedure Act, to modify or 
16raise the number of craft grower licenses assigned to each 
17region and modify or change the licensing application process 
18to reduce or eliminate barriers. The General Assembly finds 
19that the adoption of rules to regulate cannabis use is deemed 
20an emergency and necessary for the public interest, safety, and 
21welfare. In determining whether to exercise the authority 
22granted by this subsection, the Department of Agriculture must 
23consider the following factors:
24  (1) the percentage of cannabis sales occurring in 
25 Illinois not in the regulated market using data from the 
26 Substance Abuse and Mental Health Services Administration, 
 
 
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1 National Survey on Drug Use and Health, Illinois Behavioral 
2 Risk Factor Surveillance System, and tourism data from the 
3 Illinois Office of Tourism to ascertain total cannabis 
4 consumption in Illinois compared to the amount of sales in 
5 licensed dispensing organizations;
6  (2) whether there is an adequate supply of cannabis and 
7 cannabis-infused products to serve registered medical 
8 cannabis patients;
9  (3) whether there is an adequate supply of cannabis and 
10 cannabis-infused products to serve purchasers;
11  (4) whether there is an oversupply of cannabis in 
12 Illinois leading to trafficking of cannabis to states where 
13 the sale of cannabis is not permitted by law;
14  (5) population increases or shifts;
15  (6) the density of craft growers in any area of the 
16 State; 
17  (7) perceived security risks of increasing the number 
18 or location of craft growers;
19  (8) the past safety record of craft growers;
20  (9) the Department of Agriculture's capacity to 
21 appropriately regulate additional licensees;
22  (10) the findings and recommendations from the 
23 disparity and availability study commissioned by the 
24 Illinois Cannabis Regulation Oversight Officer to reduce 
25 or eliminate any identified barriers to entry in the 
26 cannabis industry; and
 
 
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1  (11) any other criteria the Department of Agriculture 
2 deems relevant.
3 (c) After January 1, 2022, the Department of Agriculture 
4may by rule modify or raise the number of craft grower licenses 
5assigned to each region, and modify or change the licensing 
6application process to reduce or eliminate barriers based on 
7the criteria in subsection (b). At no time may the number of 
8craft grower licenses exceed 150. Any person or entity awarded 
9a license pursuant to this subsection shall not hold more than 
103 craft grower licenses. A person or entity awarded a license 
11pursuant to this subsection or subsection (a) or subsection (b) 
12of this Section may sell its craft grower license or licenses 
13subject to the restrictions of this Act or as determined by 
14administrative rule.

15(Source: P.A. 101-27, eff. 6-25-19.)

16 (410 ILCS 705/30-10)

17 Sec. 30-10. Application. 
18 (a) When applying for a license, the applicant shall 
19electronically submit the following in such form as the 
20Department of Agriculture may direct:
21  (1) the nonrefundable application fee of $5,000 to be 
22 deposited into the Cannabis Regulation Fund, or another 
23 amount as the Department of Agriculture may set by rule 
24 after January 1, 2021;
25  (2) the legal name of the craft grower;
 
 
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1  (3) the proposed physical address of the craft grower;
2  (4) the name, address, social security number, and date 
3 of birth of each principal officer and board member of the 
4 craft grower; each principal officer and board member shall 
5 be at least 21 years of age;
6  (5) the details of any administrative or judicial 
7 proceeding in which any of the principal officers or board 
8 members of the craft grower (i) pled guilty, were 
9 convicted, were fined, or had a registration or license 
10 suspended or revoked or (ii) managed or served on the board 
11 of a business or non-profit organization that pled guilty, 
12 was convicted, was fined, or had a registration or license 
13 suspended or revoked;
14  (6) proposed operating bylaws that include procedures 
15 for the oversight of the craft grower, including the 
16 development and implementation of a plant monitoring 
17 system, accurate recordkeeping, staffing plan, and 
18 security plan approved by the Department of State Police 
19 that are in accordance with the rules issued by the 
20 Department of Agriculture under this Act; a physical 
21 inventory shall be performed of all plants and on a weekly 
22 basis by the craft grower;
23  (7) verification from the Department of State Police 
24 that all background checks of the prospective principal 
25 officers, board members, and agents of the cannabis 
26 business establishment have been conducted;
 
 
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1  (8) a copy of the current local zoning ordinance or 
2 permit and verification that the proposed craft grower is 
3 in compliance with the local zoning rules and distance 
4 limitations established by the local jurisdiction;
5  (9) proposed employment practices, in which the 
6 applicant must demonstrate a plan of action to inform, 
7 hire, and educate minorities, women, veterans, and persons 
8 with disabilities, engage in fair labor practices, and 
9 provide worker protections;
10  (10) whether an applicant can demonstrate experience 
11 in or business practices that promote economic empowerment 
12 in Disproportionately Impacted Areas;
13  (11) experience with the cultivation of agricultural 
14 or horticultural products, operating an agriculturally 
15 related business, or operating a horticultural business;
16  (12) a description of the enclosed, locked facility 
17 where cannabis will be grown, harvested, manufactured, 
18 packaged, or otherwise prepared for distribution to a 
19 dispensing organization or other cannabis business 
20 establishment;
21  (13) a survey of the enclosed, locked facility, 
22 including the space used for cultivation;
23  (14) cultivation, processing, inventory, and packaging 
24 plans;
25  (15) a description of the applicant's experience with 
26 agricultural cultivation techniques and industry 
 
 
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1 standards;
2  (16) a list of any academic degrees, certifications, or 
3 relevant experience of all prospective principal officers, 
4 board members, and agents of the related business;
5  (17) the identity of every person having a financial or 
6 voting interest of 5% or greater in the craft grower 
7 operation, whether a trust, corporation, partnership, 
8 limited liability company, or sole proprietorship, 
9 including the name and address of each person;
10  (18) a plan describing how the craft grower will 
11 address each of the following:
12   (i) energy needs, including estimates of monthly 
13 electricity and gas usage, to what extent it will 
14 procure energy from a local utility or from on-site 
15 generation, and if it has or will adopt a sustainable 
16 energy use and energy conservation policy;
17   (ii) water needs, including estimated water draw 
18 and if it has or will adopt a sustainable water use and 
19 water conservation policy; and
20   (iii) waste management, including if it has or will 
21 adopt a waste reduction policy; 
22  (19) a recycling plan:
23   (A) Purchaser packaging, including cartridges, 
24 shall be accepted by the applicant and recycled.
25   (B) Any recyclable waste generated by the craft 
26 grower facility shall be recycled per applicable State 
 
 
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1 and local laws, ordinances, and rules.
2   (C) Any cannabis waste, liquid waste, or hazardous 
3 waste shall be disposed of in accordance with 8 Ill. 
4 Adm. Code 1000.460, except, to the greatest extent 
5 feasible, all cannabis plant waste will be rendered 
6 unusable by grinding and incorporating the cannabis 
7 plant waste with compostable mixed waste to be disposed 
8 of in accordance with 8 Ill. Adm. Code 1000.460(g)(1); .
9  (20) a commitment to comply with local waste 
10 provisions: a craft grower facility must remain in 
11 compliance with applicable State and federal environmental 
12 requirements, including, but not limited to:
13   (A) storing, securing, and managing all 
14 recyclables and waste, including organic waste 
15 composed of or containing finished cannabis and 
16 cannabis products, in accordance with applicable State 
17 and local laws, ordinances, and rules; and
18   (B) disposing Disposing liquid waste containing 
19 cannabis or byproducts of cannabis processing in 
20 compliance with all applicable State and federal 
21 requirements, including, but not limited to, the 
22 cannabis cultivation facility's permits under Title X 
23 of the Environmental Protection Act; .
24  (21) a commitment to a technology standard for resource 
25 efficiency of the craft grower facility.
26   (A) A craft grower facility commits to use 
 
 
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1 resources efficiently, including energy and water. For 
2 the following, a cannabis cultivation facility commits 
3 to meet or exceed the technology standard identified in 
4 paragraphs (i), (ii), (iii), and (iv), which may be 
5 modified by rule:
6    (i) lighting systems, including light bulbs;
7    (ii) HVAC system;
8    (iii) water application system to the crop; 
9 and
10    (iv) filtration system for removing 
11 contaminants from wastewater.
12   (B) Lighting. The Lighting Power Densities (LPD) 
13 for cultivation space commits to not exceed an average 
14 of 36 watts per gross square foot of active and growing 
15 space canopy, or all installed lighting technology 
16 shall meet a photosynthetic photon efficacy (PPE) of no 
17 less than 2.2 micromoles per joule fixture and shall be 
18 featured on the DesignLights Consortium (DLC) 
19 Horticultural Specification Qualified Products List 
20 (QPL). In the event that DLC requirement for minimum 
21 efficacy exceeds 2.2 micromoles per joule fixture, 
22 that PPE shall become the new standard.
23   (C) HVAC.
24    (i) For cannabis grow operations with less 
25 than 6,000 square feet of canopy, the licensee 
26 commits that all HVAC units will be 
 
 
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1 high-efficiency ductless split HVAC units, or 
2 other more energy efficient equipment. 
3    (ii) For cannabis grow operations with 6,000 
4 square feet of canopy or more, the licensee commits 
5 that all HVAC units will be variable refrigerant 
6 flow HVAC units, or other more energy efficient 
7 equipment.
8   (D) Water application.
9    (i) The craft grower facility commits to use 
10 automated watering systems, including, but not 
11 limited to, drip irrigation and flood tables, to 
12 irrigate cannabis crop.
13    (ii) The craft grower facility commits to 
14 measure runoff from watering events and report 
15 this volume in its water usage plan, and that on 
16 average, watering events shall have no more than 
17 20% of runoff of water. 
18   (E) Filtration. The craft grower commits that HVAC 
19 condensate, dehumidification water, excess runoff, and 
20 other wastewater produced by the craft grower facility 
21 shall be captured and filtered to the best of the 
22 facility's ability to achieve the quality needed to be 
23 reused in subsequent watering rounds.
24   (F) Reporting energy use and efficiency as 
25 required by rule; and
26  (22) any other information required by rule.
 
 
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1 (b) Applicants must submit all required information, 
2including the information required in Section 30-15, to the 
3Department of Agriculture. Failure by an applicant to submit 
4all required information may result in the application being 
5disqualified.
6 (c) If the Department of Agriculture receives an 
7application with missing information, the Department of 
8Agriculture may issue a deficiency notice to the applicant. The 
9applicant shall have 10 calendar days from the date of the 
10deficiency notice to resubmit the incomplete information. 
11Applications that are still incomplete after this opportunity 
12to cure will not be scored and will be disqualified.

13(Source: P.A. 101-27, eff. 6-25-19; revised 9-4-19.)

14 (410 ILCS 705/30-15)

15 Sec. 30-15. Scoring applications. 
16 (a) The Department of Agriculture shall by rule develop a 
17system to score craft grower applications to administratively 
18rank applications based on the clarity, organization, and 
19quality of the applicant's responses to required information. 
20Applicants shall be awarded points based on the following 
21categories:
22  (1) Suitability of the proposed facility;
23  (2) Suitability of the employee training plan;
24  (3) Security and recordkeeping;
25  (4) Cultivation plan;
 
 
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1  (5) Product safety and labeling plan;
2  (6) Business plan;
3  (7) The applicant's status as a Social Equity 
4 Applicant, which shall constitute no less than 20% of total 
5 available points; 
6  (8) Labor and employment practices, which shall 
7 constitute no less than 2% of total available points;
8  (9) Environmental plan as described in paragraphs 
9 (18), (19), (20), and (21) of subsection (a) of Section 
10 30-10;
11  (10) The applicant is 51% or more owned and controlled 
12 by an individual or individuals who have been an Illinois 
13 resident for the past 5 years as proved by tax records or 2 
14 of the following: ;
15   (A) a signed lease agreement that includes the 
16 applicant's name;
17   (B) a property deed that includes the applicant's 
18 name;
19   (C) school records;
20   (D) a voter registration card;
21   (E) an Illinois driver's license, an Illinois 
22 Identification Card, or an Illinois Person with a 
23 Disability Identification Card;
24   (F) a paycheck stub;
25   (G) a utility bill; or
26   (H) any other proof of residency or other 
 
 
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1 information necessary to establish residence as 
2 provided by rule;
3  (11) The applicant is 51% or more controlled and owned 
4 by an individual or individuals who meet the qualifications 
5 of a veteran as defined in Section 45-57 of the Illinois 
6 Procurement Code; 
7  (12) A diversity plan that includes a narrative of not 
8 more than 2,500 words that establishes a goal of diversity 
9 in ownership, management, employment, and contracting to 
10 ensure that diverse participants and groups are afforded 
11 equality of opportunity; and
12  (13) Any other criteria the Department of Agriculture 
13 may set by rule for points.
14 (b) The Department may also award up to 2 bonus points for 
15the applicant's plan to engage with the community. The 
16applicant may demonstrate a desire to engage with its community 
17by participating in one or more of, but not limited to, the 
18following actions: (i) establishment of an incubator program 
19designed to increase participation in the cannabis industry by 
20persons who would qualify as Social Equity Applicants; (ii) 
21providing financial assistance to substance abuse treatment 
22centers; (iii) educating children and teens about the potential 
23harms of cannabis use; or (iv) other measures demonstrating a 
24commitment to the applicant's community. Bonus points will only 
25be awarded if the Department receives applications that receive 
26an equal score for a particular region.
 
 
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1 (c) Should the applicant be awarded a craft grower license, 
2the information and plans that an applicant provided in its 
3application, including any plans submitted for the acquiring of 
4bonus points, shall be a mandatory condition of the license. 
5Any variation from or failure to perform such plans may result 
6in discipline, including the revocation or nonrenewal of a 
7license.

8 (d) Should the applicant be awarded a craft grower license, 
9the applicant shall pay a prorated fee of $40,000 prior to 
10receiving the license, to be deposited into the Cannabis 
11Regulation Fund. The Department of Agriculture may by rule 
12adjust the fee in this Section after January 1, 2021.


13(Source: P.A. 101-27, eff. 6-25-19.)

14 (410 ILCS 705/30-30)

15 Sec. 30-30. Craft grower requirements; prohibitions. 
16 (a) The operating documents of a craft grower shall include 
17procedures for the oversight of the craft grower, a cannabis 
18plant monitoring system including a physical inventory 
19recorded weekly, accurate recordkeeping, and a staffing plan.
20 (b) A craft grower shall implement a security plan reviewed 
21by the Department of State Police that includes, but is not 
22limited to: facility access controls, perimeter intrusion 
23detection systems, personnel identification systems, and a 
2424-hour surveillance system to monitor the interior and 
25exterior of the craft grower facility and that is accessible to 
 
 
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1authorized law enforcement and the Department of Agriculture in 
2real time. 
3 (c) All cultivation of cannabis by a craft grower must take 
4place in an enclosed, locked facility at the physical address 
5provided to the Department of Agriculture during the licensing 
6process. The craft grower location shall only be accessed by 
7the agents working for the craft grower, the Department of 
8Agriculture staff performing inspections, the Department of 
9Public Health staff performing inspections, State and local law 
10enforcement or other emergency personnel, contractors working 
11on jobs unrelated to cannabis, such as installing or 
12maintaining security devices or performing electrical wiring, 
13transporting organization agents as provided in this Act, or 
14participants in the incubator program, individuals in a 
15mentoring or educational program approved by the State, or 
16other individuals as provided by rule. However, if a craft 
17grower shares a premises with an infuser or dispensing 
18organization, agents from those other licensees may access the 
19craft grower portion of the premises if that is the location of 
20common bathrooms, lunchrooms, locker rooms, or other areas of 
21the building where work or cultivation of cannabis is not 
22performed. At no time may an infuser or dispensing organization 
23agent perform work at a craft grower without being a registered 
24agent of the craft grower.
25 (d) A craft grower may not sell or distribute any cannabis 
26to any person other than a cultivation center, a craft grower, 
 
 
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1an infuser organization, a dispensing organization, or as 
2otherwise authorized by rule.
3 (e) A craft grower may not be located in an area zoned for 
4residential use.
5 (f) A craft grower may not either directly or indirectly 
6discriminate in price between different cannabis business 
7establishments that are purchasing a like grade, strain, brand, 
8and quality of cannabis or cannabis-infused product. Nothing in 
9this subsection (f) prevents a craft grower from pricing 
10cannabis differently based on differences in the cost of 
11manufacturing or processing, the quantities sold, such as 
12volume discounts, or the way the products are delivered.
13 (g) All cannabis harvested by a craft grower and intended 
14for distribution to a dispensing organization must be entered 
15into a data collection system, packaged and labeled under 
16Section 55-21, and, if distribution is to a dispensing 
17organization that does not share a premises with the dispensing 
18organization receiving the cannabis, placed into a cannabis 
19container for transport. All cannabis harvested by a craft 
20grower and intended for distribution to a cultivation center, 
21to an infuser organization, or to a craft grower with which it 
22does not share a premises, must be packaged in a labeled 
23cannabis container and entered into a data collection system 
24before transport.
25 (h) Craft growers are subject to random inspections by the 
26Department of Agriculture, local safety or health inspectors, 
 
 
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1and the Department of State Police.
2 (i) A craft grower agent shall notify local law 
3enforcement, the Department of State Police, and the Department 
4of Agriculture within 24 hours of the discovery of any loss or 
5theft. Notification shall be made by phone, in person, or 
6written or electronic communication.
7 (j) A craft grower shall comply with all State and any 
8applicable federal rules and regulations regarding the use of 
9pesticides.
10 (k) A craft grower or craft grower agent shall not 
11transport cannabis or cannabis-infused products to any other 
12cannabis business establishment without a transport 
13organization license unless:
14  (i) If the craft grower is located in a county with a 
15 population of 3,000,000 or more, the cannabis business 
16 establishment receiving the cannabis is within 2,000 feet 
17 of the property line of the craft grower;
18  (ii) If the craft grower is located in a county with a 
19 population of more than 700,000 but fewer than 3,000,000, 
20 the cannabis business establishment receiving the cannabis 
21 is within 2 miles of the craft grower; or
22  (iii) If the craft grower is located in a county with a 
23 population of fewer than the 700,000, the cannabis business 
24 establishment receiving the cannabis is within 15 miles of 
25 the craft grower.
26 (l) A craft grower may enter into a contract with a 
 
 
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1transporting organization to transport cannabis to a 
2cultivation center, a craft grower, an infuser organization, a 
3dispensing organization, or a laboratory.
4 (m) No person or entity shall hold any legal, equitable, 
5ownership, or beneficial interest, directly or indirectly, of 
6more than 3 craft grower licenses. Further, no person or entity 
7that is employed by, an agent of, or has a contract to receive 
8payment from or participate in the management of a craft 
9grower, is a principal officer of a craft grower, or entity 
10controlled by or affiliated with a principal officer of a craft 
11grower shall hold any legal, equitable, ownership, or 
12beneficial interest, directly or indirectly, in a craft grower 
13license that would result in the person or entity owning or 
14controlling in combination with any craft grower, principal 
15officer of a craft grower, or entity controlled or affiliated 
16with a principal officer of a craft grower by which he, she, or 
17it is employed, is an agent of, or participates in the 
18management of more than 3 craft grower licenses.
19 (n) It is unlawful for any person having a craft grower 
20license or any officer, associate, member, representative, or 
21agent of the licensee to offer or deliver money, or anything 
22else of value, directly or indirectly, to any person having an 
23Early Approval Adult Use Dispensing Organization License, a 
24Conditional Adult Use Dispensing Organization License, an 
25Adult Use Dispensing Organization License, or a medical 
26cannabis dispensing organization license issued under the 
 
 
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1Compassionate Use of Medical Cannabis Pilot Program Act, or to 
2any person connected with or in any way representing, or to any 
3member of the family of, the person holding an Early Approval 
4Adult Use Dispensing Organization License, a Conditional Adult 
5Use Dispensing Organization License, an Adult Use Dispensing 
6Organization License, or a medical cannabis dispensing 
7organization license issued under the Compassionate Use of 
8Medical Cannabis Pilot Program Act, or to any stockholders in 
9any corporation engaged in the retail sale of cannabis, or to 
10any officer, manager, agent, or representative of the Early 
11Approval Adult Use Dispensing Organization License, a 
12Conditional Adult Use Dispensing Organization License, an 
13Adult Use Dispensing Organization License, or a medical 
14cannabis dispensing organization license issued under the 
15Compassionate Use of Medical Cannabis Pilot Program Act to 
16obtain preferential placement within the dispensing 
17organization, including, without limitation, on shelves and in 
18display cases where purchasers can view products, or on the 
19dispensing organization's website.
20 (o) A craft grower shall not be located within 1,500 feet 
21of another craft grower or a cultivation center.
22 (p) A craft graft grower may process cannabis, cannabis 
23concentrates, and cannabis-infused products.
24 (q) A craft grower must comply with any other requirements 
25or prohibitions set by administrative rule of the Department of 
26Agriculture.

 
 
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1(Source: P.A. 101-27, eff. 6-25-19; revised 9-10-19.)

2 (410 ILCS 705/35-5)

3 Sec. 35-5. Issuance of licenses. 
4 (a) The Department of Agriculture shall issue up to 40 
5infuser licenses through a process provided for in this Article 
6no later than July 1, 2020.
7 (b) The Department of Agriculture shall make the 
8application for infuser licenses available on January 7, 2020, 
9or if that date falls on a weekend or holiday, the business day 
10immediately succeeding the weekend or holiday and every January 
117 or succeeding business day thereafter, and shall receive such 
12applications no later than March 15, 2020, or, if that date 
13falls on a weekend or holiday, the business day immediately 
14succeeding the weekend or holiday and every March 15 or 
15succeeding business day thereafter. 
16 (c) By December 21, 2021, the Department of Agriculture may 
17issue up to 60 additional infuser licenses. Prior to issuing 
18such licenses, the Department may adopt rules through emergency 
19rulemaking in accordance with subsection (gg) of Section 5-45 
20of the Illinois Administrative Procedure Act, to modify or 
21raise the number of infuser licenses and modify or change the 
22licensing application process to reduce or eliminate barriers. 
23The General Assembly finds that the adoption of rules to 
24regulate cannabis use is deemed an emergency and necessary for 
25the public interest, safety, and welfare.
 
 
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1 In determining whether to exercise the authority granted by 
2this subsection, the Department of Agriculture must consider 
3the following factors:
4  (1) the percentage of cannabis sales occurring in 
5 Illinois not in the regulated market using data from the 
6 Substance Abuse and Mental Health Services Administration, 
7 National Survey on Drug Use and Health, Illinois Behavioral 
8 Risk Factor Surveillance System, and tourism data from the 
9 Illinois Office of Tourism to ascertain total cannabis 
10 consumption in Illinois compared to the amount of sales in 
11 licensed dispensing organizations;
12  (2) whether there is an adequate supply of cannabis and 
13 cannabis-infused products to serve registered medical 
14 cannabis patients;
15  (3) whether there is an adequate supply of cannabis and 
16 cannabis-infused products to serve sere purchasers; :
17  (4) whether there is an oversupply of cannabis in 
18 Illinois leading to trafficking of cannabis to any other 
19 state;
20  (5) population increases or shifts;
21  (6) changes to federal law;
22  (7) perceived security risks of increasing the number 
23 or location of infuser organizations;
24  (8) the past security records of infuser 
25 organizations;
26  (9) the Department of Agriculture's capacity to 
 
 
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1 appropriately regulate additional licenses;
2  (10) the findings and recommendations from the 
3 disparity and availability study commissioned by the 
4 Illinois Cannabis Regulation Oversight Officer to reduce 
5 or eliminate any identified barriers to entry in the 
6 cannabis industry; and
7  (11) any other criteria the Department of Agriculture 
8 deems relevant.
9 (d) After January 1, 2022, the Department of Agriculture 
10may by rule modify or raise the number of infuser licenses, and 
11modify or change the licensing application process to reduce or 
12eliminate barriers based on the criteria in subsection (c).

13(Source: P.A. 101-27, eff. 6-25-19; revised 9-10-19.)

14 (410 ILCS 705/35-15)

15 Sec. 35-15. Issuing licenses. 
16 (a) The Department of Agriculture shall by rule develop a 
17system to score infuser applications to administratively rank 
18applications based on the clarity, organization, and quality of 
19the applicant's responses to required information. Applicants 
20shall be awarded points based on the following categories:
21  (1) Suitability of the proposed facility;
22  (2) Suitability of the employee training plan;
23  (3) Security and recordkeeping plan;
24  (4) Infusing plan;
25  (5) Product safety and labeling plan;
 
 
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1  (6) Business plan;
2  (7) The applicant's status as a Social Equity 
3 Applicant, which shall constitute no less than 20% of total 
4 available points;
5  (8) Labor and employment practices, which shall 
6 constitute no less than 2% of total available points;
7  (9) Environmental plan as described in paragraphs (17) 
8 and (18) of subsection (a) of Section 35-10;
9  (10) The applicant is 51% or more owned and controlled 
10 by an individual or individuals who have been an Illinois 
11 resident for the past 5 years as proved by tax records or 2 
12 of the following: ; 
13   (A) a signed lease agreement that includes the 
14 applicant's name;
15   (B) a property deed that includes the applicant's 
16 name;
17   (C) school records;
18   (D) a voter registration card;
19   (E) an Illinois driver's license, an Illinois 
20 Identification Card, or an Illinois Person with a 
21 Disability Identification Card;
22   (F) a paycheck stub;
23   (G) a utility bill; or
24   (H) any other proof of residency or other 
25 information necessary to establish residence as 
26 provided by rule;
 
 
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1  (11) The applicant is 51% or more controlled and owned 
2 by an individual or individuals who meet the qualifications 
3 of a veteran as defined by Section 45-57 of the Illinois 
4 Procurement Code; and
5  (12) A diversity plan that includes a narrative of not 
6 more than 2,500 words that establishes a goal of diversity 
7 in ownership, management, employment, and contracting to 
8 ensure that diverse participants and groups are afforded 
9 equality of opportunity; and
10  (13) Any other criteria the Department of Agriculture 
11 may set by rule for points.
12 (b) The Department may also award up to 2 bonus points for 
13the applicant's plan to engage with the community. The 
14applicant may demonstrate a desire to engage with its community 
15by participating in one or more of, but not limited to, the 
16following actions: (i) establishment of an incubator program 
17designed to increase participation in the cannabis industry by 
18persons who would qualify as Social Equity Applicants; (ii) 
19providing financial assistance to substance abuse treatment 
20centers; (iii) educating children and teens about the potential 
21harms of cannabis use; or (iv) other measures demonstrating a 
22commitment to the applicant's community. Bonus points will only 
23be awarded if the Department receives applications that receive 
24an equal score for a particular region.
25 (c) Should the applicant be awarded an infuser license, the 
26information and plans that an applicant provided in its 
 
 
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1application, including any plans submitted for the acquiring of 
2bonus points, becomes a mandatory condition of the permit. Any 
3variation from or failure to perform such plans may result in 
4discipline, including the revocation or nonrenewal of a 
5license.
6 (d) Should the applicant be awarded an infuser organization 
7license, it shall pay a fee of $5,000 prior to receiving the 
8license, to be deposited into the Cannabis Regulation Fund. The 
9Department of Agriculture may by rule adjust the fee in this 
10Section after January 1, 2021.

11(Source: P.A. 101-27, eff. 6-25-19.)

12 (410 ILCS 705/35-25)

13 Sec. 35-25. Infuser organization requirements; 
14prohibitions. 
15 (a) The operating documents of an infuser shall include 
16procedures for the oversight of the infuser, an inventory 
17monitoring system including a physical inventory recorded 
18weekly, accurate recordkeeping, and a staffing plan.
19 (b) An infuser shall implement a security plan reviewed by 
20the Department of State Police that includes, but is not 
21limited to: facility access controls, perimeter intrusion 
22detection systems, personnel identification systems, and a 
2324-hour surveillance system to monitor the interior and 
24exterior of the infuser facility and that is accessible to 
25authorized law enforcement, the Department of Public Health, 
 
 
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1and the Department of Agriculture in real time.
2 (c) All processing of cannabis by an infuser must take 
3place in an enclosed, locked facility at the physical address 
4provided to the Department of Agriculture during the licensing 
5process. The infuser location shall only be accessed by the 
6agents working for the infuser, the Department of Agriculture 
7staff performing inspections, the Department of Public Health 
8staff performing inspections, State and local law enforcement 
9or other emergency personnel, contractors working on jobs 
10unrelated to cannabis, such as installing or maintaining 
11security devices or performing electrical wiring, transporting 
12organization agents as provided in this Act, participants in 
13the incubator program, individuals in a mentoring or 
14educational program approved by the State, local safety or 
15health inspectors, or other individuals as provided by rule. 
16However, if an infuser shares a premises with a craft grower or 
17dispensing organization, agents from these other licensees may 
18access the infuser portion of the premises if that is the 
19location of common bathrooms, lunchrooms, locker rooms, or 
20other areas of the building where processing of cannabis is not 
21performed. At no time may a craft grower or dispensing 
22organization agent perform work at an infuser without being a 
23registered agent of the infuser.
24 (d) An infuser may not sell or distribute any cannabis to 
25any person other than a dispensing organization, or as 
26otherwise authorized by rule.
 
 
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1 (e) An infuser may not either directly or indirectly 
2discriminate in price between different cannabis business 
3establishments that are purchasing a like grade, strain, brand, 
4and quality of cannabis or cannabis-infused product. Nothing in 
5this subsection (e) prevents an infuser from pricing cannabis 
6differently based on differences in the cost of manufacturing 
7or processing, the quantities sold, such volume discounts, or 
8the way the products are delivered.
9 (f) All cannabis infused by an infuser and intended for 
10distribution to a dispensing organization must be entered into 
11a data collection system, packaged and labeled under Section 
1255-21, and, if distribution is to a dispensing organization 
13that does not share a premises with the infuser, placed into a 
14cannabis container for transport. All cannabis produced by an 
15infuser and intended for distribution to a cultivation center, 
16infuser organization, or craft grower with which it does not 
17share a premises, must be packaged in a labeled cannabis 
18container and entered into a data collection system before 
19transport.
20 (g) Infusers are subject to random inspections by the 
21Department of Agriculture, the Department of Public Health, the 
22Department of State Police, and local law enforcement.
23 (h) An infuser agent shall notify local law enforcement, 
24the Department of State Police, and the Department of 
25Agriculture within 24 hours of the discovery of any loss or 
26theft. Notification shall be made by phone, in person, or by 
 
 
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1written or electronic communication.
2 (i) An infuser organization may not be located in an area 
3zoned for residential use.
4 (j) An infuser or infuser agent shall not transport 
5cannabis or cannabis-infused products to any other cannabis 
6business establishment without a transport organization 
7license unless:
8  (i) If the infuser is located in a county with a 
9 population of 3,000,000 or more, the cannabis business 
10 establishment receiving the cannabis or cannabis-infused 
11 product is within 2,000 feet of the property line of the 
12 infuser;
13  (ii) If the infuser is located in a county with a 
14 population of more than 700,000 but fewer than 3,000,000, 
15 the cannabis business establishment receiving the cannabis 
16 or cannabis-infused product is within 2 miles of the 
17 infuser; or
18  (iii) If the infuser is located in a county with a 
19 population of fewer than 700,000, the cannabis business 
20 establishment receiving the cannabis or cannabis-infused 
21 product is within 15 miles of the infuser.
22 (k) An infuser may enter into a contract with a 
23transporting organization to transport cannabis to a 
24dispensing organization or a laboratory.
25 (l) An infuser organization may share premises with a craft 
26grower or a dispensing organization, or both, provided each 
 
 
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1licensee stores currency and cannabis or cannabis-infused 
2products in a separate secured vault to which the other 
3licensee does not have access or all licensees sharing a vault 
4share more than 50% of the same ownership. 
5 (m) It is unlawful for any person or entity having an 
6infuser organization license or any officer, associate, 
7member, representative or agent of such licensee to offer or 
8deliver money, or anything else of value, directly or 
9indirectly to any person having an Early Approval Adult Use 
10Dispensing Organization License, a Conditional Adult Use 
11Dispensing Organization License, an Adult Use Dispensing 
12Organization License, or a medical cannabis dispensing 
13organization license issued under the Compassionate Use of 
14Medical Cannabis Pilot Program Act, or to any person connected 
15with or in any way representing, or to any member of the family 
16of, such person holding an Early Approval Adult Use Dispensing 
17Organization License, a Conditional Adult Use Dispensing 
18Organization License, an Adult Use Dispensing Organization 
19License, or a medical cannabis dispensing organization license 
20issued under the Compassionate Use of Medical Cannabis Pilot 
21Program Act, or to any stockholders in any corporation engaged 
22the retail sales of cannabis, or to any officer, manager, 
23agent, or representative of the Early Approval Adult Use 
24Dispensing Organization License, a Conditional Adult Use 
25Dispensing Organization License, an Adult Use Dispensing 
26Organization License, or a medical cannabis dispensing 
 
 
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1organization license issued under the Compassionate Use of 
2Medical Cannabis Pilot Program Act to obtain preferential 
3placement within the dispensing organization, including, 
4without limitation, on shelves and in display cases where 
5purchasers can view products, or on the dispensing 
6organization's website.
7 (n) At no time shall an infuser organization or an infuser 
8agent perform the extraction of cannabis concentrate from 
9cannabis flower.

10(Source: P.A. 101-27, eff. 6-25-19.)

11 (410 ILCS 705/35-31)

12 Sec. 35-31. Ensuring an adequate supply of raw materials to 
13serve infusers. 
14 (a) As used in this Section, "raw materials" includes, but 
15is not limited to, CO2 hash oil, "crude", "distillate", or any 
16other cannabis concentrate extracted from cannabis flower by 
17use of a solvent or a mechanical process.
18 (b) The Department of Agriculture may by rule design a 
19method for assessing whether licensed infusers have access to 
20an adequate supply of reasonably affordable raw materials, 
21which may include but not be limited to: (i) a survey of 
22infusers; (ii) a market study on the sales trends of 
23cannabis-infused products manufactured by infusers; and (iii) 
24the costs cultivation centers and craft growers assume for the 
25raw materials they use in any cannabis-infused products they 
 
 
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1manufacture. 
2 (c) The Department of Agriculture shall perform an 
3assessment of whether infusers have access to an adequate 
4supply of reasonably affordable raw materials that shall start 
5no sooner than January 1, 2022 and shall conclude no later than 
6April 1, 2022. The Department of Agriculture may rely on data 
7from the Illinois Cannabis Regulation Oversight Officer as part 
8of this assessment.
9 (d) The Department of Agriculture shall perform an 
10assessment of whether infusers have access to an adequate 
11supply of reasonably affordable raw materials that shall start 
12no sooner than January 1, 2023 and shall conclude no later than 
13April 1, 2023. The Department of Agriculture may rely on data 
14from the Cannabis Regulation Oversight Officer as part of this 
15assessment.
16 (e) The Department of Agriculture may by rule adopt 
17measures to ensure infusers have access to an adequate supply 
18of reasonably affordable raw materials necessary for the 
19manufacture of cannabis-infused products. Such measures may 
20include, but not be limited to (i) requiring cultivation 
21centers and craft growers to set aside a minimum amount of raw 
22materials for the wholesale market or (ii) enabling infusers to 
23apply for a processor license to extract raw materials from 
24cannabis flower.
25 (f) If the Department of Agriculture determines processor 
26licenses may be available to infuser infusing organizations 
 
 
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1based upon findings made pursuant to subsection (e), infuser 
2organizations may submit to the Department of Agriculture on 
3forms provided by the Department of Agriculture the following 
4information as part of an application to receive a processor 
5license: 
6  (1) experience with the extraction, processing, or 
7 infusing of oils similar to those derived from cannabis, or 
8 other business practices to be performed by the infuser;
9  (2) a description of the applicant's experience with 
10 manufacturing equipment and chemicals to be used in 
11 processing;
12  (3) expertise in relevant scientific fields;
13  (4) a commitment that any cannabis waste, liquid waste, 
14 or hazardous waste shall be disposed of in accordance with 
15 8 Ill. Adm. Code 1000.460, except, to the greatest extent 
16 feasible, all cannabis plant waste will be rendered 
17 unusable by grinding and incorporating the cannabis plant 
18 waste with compostable mixed waste to be disposed of in 
19 accordance with Ill. Adm. Code 1000.460(g)(1); and
20  (5) any other information the Department of 
21 Agriculture deems relevant.
22 (g) The Department of Agriculture may only issue an infuser 
23infusing organization a processor license if, based on the 
24information pursuant to subsection (f) and any other criteria 
25set by the Department of Agriculture, which may include but not 
26be limited an inspection of the site where processing would 
 
 
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1occur, the Department of Agriculture is reasonably certain the 
2infuser infusing organization will process cannabis in a safe 
3and compliant manner.

4(Source: P.A. 101-27, eff. 6-25-19.)

5 (410 ILCS 705/40-5)

6 Sec. 40-5. Issuance of licenses. 
7 (a) The Department shall issue transporting licenses 
8through a process provided for in this Article no later than 
9July 1, 2020.
10 (b) The Department shall make the
application for 
11transporting organization licenses available
on January 7, 
122020 and shall receive such applications no later than March 
1315, 2020. The Thereafter, the Department of Agriculture shall 
14make available such applications on every January 7 thereafter 
15or if that date falls on a weekend or
holiday, the business day 
16immediately succeeding the weekend or
holiday and
shall receive 
17such applications no later than
March 15 or the succeeding 
18business day thereafter.


19(Source: P.A. 101-27, eff. 6-25-19.)

20 (410 ILCS 705/40-10)

21 Sec. 40-10. Application. 
22 (a) When applying for a transporting organization license, 
23the applicant shall electronically submit the following in such 
24form as the Department of Agriculture may direct:
 
 
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1  (1) the nonrefundable application fee of $5,000 or, 
2 after January 1, 2021, another amount as set by rule by the 
3 Department of Agriculture, to be deposited into the 
4 Cannabis Regulation Fund;
5  (2) the legal name of the transporting organization;
6  (3) the proposed physical address of the transporting 
7 organization, if one is proposed;
8  (4) the name, address, social security number, and date 
9 of birth of each principal officer and board member of the 
10 transporting organization; each principal officer and 
11 board member shall be at least 21 years of age;
12  (5) the details of any administrative or judicial 
13 proceeding in which any of the principal officers or board 
14 members of the transporting organization (i) pled guilty, 
15 were convicted, fined, or had a registration or license 
16 suspended or revoked, or (ii) managed or served on the 
17 board of a business or non-profit organization that pled 
18 guilty, was convicted, fined, or had a registration or 
19 license suspended or revoked;
20  (6) proposed operating bylaws that include procedures 
21 for the oversight of the transporting organization, 
22 including the development and implementation of an 
23 accurate recordkeeping plan, staffing plan, and security 
24 plan approved by the Department of State Police that are in 
25 accordance with the rules issued by the Department of 
26 Agriculture under this Act; a physical inventory shall be 
 
 
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1 performed of all cannabis on a weekly basis by the 
2 transporting organization;
3  (7) verification from the Department of State Police 
4 that all background checks of the prospective principal 
5 officers, board members, and agents of the transporting 
6 organization have been conducted;
7  (8) a copy of the current local zoning ordinance or 
8 permit and verification that the proposed transporting 
9 organization is in compliance with the local zoning rules 
10 and distance limitations established by the local 
11 jurisdiction, if the transporting organization has a 
12 business address;
13  (9) proposed employment practices, in which the 
14 applicant must demonstrate a plan of action to inform, 
15 hire, and educate minorities, women, veterans, and persons 
16 with disabilities, engage in fair labor practices, and 
17 provide worker protections;
18  (10) whether an applicant can demonstrate experience 
19 in or business practices that promote economic empowerment 
20 in Disproportionately Impacted Areas;
21  (11) the number and type of equipment the transporting 
22 organization will use to transport cannabis and 
23 cannabis-infused products;
24  (12) loading, transporting, and unloading plans;
25  (13) a description of the applicant's experience in the 
26 distribution or security business;
 
 
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1  (14) the identity of every person having a financial or 
2 voting interest of 5% or more in the transporting 
3 organization with respect to which the license is sought, 
4 whether a trust, corporation, partnership, limited 
5 liability company, or sole proprietorship, including the 
6 name and address of each person; and
7  (15) any other information required by rule.
8 (b) Applicants must submit all required information, 
9including the information required in Section 40-35 to the 
10Department. Failure by an applicant to submit all required 
11information may result in the application being disqualified.
12 (c) If the Department receives an application with missing 
13information, the Department of Agriculture may issue a 
14deficiency notice to the applicant. The applicant shall have 10 
15calendar days from the date of the deficiency notice to 
16resubmit the incomplete information. Applications that are 
17still incomplete after this opportunity to cure will not be 
18scored and will be disqualified.

19(Source: P.A. 101-27, eff. 6-25-19.)

20 (410 ILCS 705/40-15)

21 Sec. 40-15. Issuing licenses. 
22 (a) The Department of Agriculture shall by rule develop a 
23system to score transporter applications to administratively 
24rank applications based on the clarity, organization, and 
25quality of the applicant's responses to required information. 
 
 
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1Applicants shall be awarded points based on the following 
2categories:
3  (1) suitability of employee training plan;
4  (2) security and recordkeeping plan;
5  (3) business plan;
6  (4) the applicant's status as a Social Equity 
7 Applicant, which shall constitute no less than 20% of total 
8 available points;
9  (5) labor and employment practices, which shall 
10 constitute no less than 2% of total available points;
11  (6) environmental plan that demonstrates an 
12 environmental plan of action to minimize the carbon 
13 footprint, environmental impact, and resource needs for 
14 the transporter, which may include, without limitation, 
15 recycling cannabis product packaging;
16  (7) the applicant is 51% or more owned and controlled 
17 by an individual or individuals who have been an Illinois 
18 resident for the past 5 years as proved by tax records or 2 
19 of the following: ;
20   (A) a signed lease agreement that includes the 
21 applicant's name;
22   (B) a property deed that includes the applicant's 
23 name;
24   (C) school records;
25   (D) a voter registration card;
26   (E) an Illinois driver's license, an Illinois 
 
 
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1 Identification Card, or an Illinois Person with a 
2 Disability Identification Card;
3   (F) a paycheck stub;
4   (G) a utility bill; or
5   (H) any other proof of residency or other 
6 information necessary to establish residence as 
7 provided by rule;
8  (8) the applicant is 51% or more controlled and owned 
9 by an individual or individuals who meet the qualifications 
10 of a veteran as defined by Section 45-57 of the Illinois 
11 Procurement Code;
12  (9) a diversity plan that includes a narrative of not 
13 more than 2,500 words that establishes a goal of diversity 
14 in ownership, management, employment, and contracting to 
15 ensure that diverse participants and groups are afforded 
16 equality of opportunity; and

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

16 (d) Should the applicant be awarded a transporting 
17transportation organization license, the information and plans 
18that an applicant provided in its application, including any 
19plans submitted for the acquiring of bonus points, shall be a 
20mandatory condition of the permit. Any variation from or 
21failure to perform such plans may result in discipline, 
22including the revocation or nonrenewal of a license.
23 (e) Should the applicant be awarded a transporting 
24organization license, the applicant shall pay a prorated fee of 
25$10,000 prior to receiving the license, to be deposited into 
26the Cannabis Regulation Fund. The Department of Agriculture may 
 
 
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1by rule adjust the fee in this Section after January 1, 2021.

2(Source: P.A. 101-27, eff. 6-25-19.)

3 (410 ILCS 705/40-20)

4 Sec. 40-20. Denial of application. An application for a 
5transporting transportation organization license shall be 
6denied if any of the following conditions are met:
7  (1) the applicant failed to submit the materials 
8 required by this Article;
9  (2) the applicant would not be in compliance with local 
10 zoning rules or permit requirements;
11  (3) one or more of the prospective principal officers 
12 or board members causes a violation of Section 40-25;
13  (4) one or more of the principal officers or board 
14 members is under 21 years of age;
15  (5) the person has submitted an application for a 
16 license under this Act that contains false information; or
17  (6) the licensee, principal officer, board member, or 
18 person having a financial or voting interest of 5% or 
19 greater in the licensee is delinquent in filing any 
20 required tax returns or paying any amounts owed to the 
21 State of Illinois.

22(Source: P.A. 101-27, eff. 6-25-19.)

23 (410 ILCS 705/40-25)

24 Sec. 40-25. Transporting organization requirements; 
 
 
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1prohibitions. 
2 (a) The operating documents of a transporting organization 
3shall include procedures for the oversight of the transporter, 
4an inventory monitoring system including a physical inventory 
5recorded weekly, accurate recordkeeping, and a staffing plan.
6 (b) A transporting organization may not transport cannabis 
7or cannabis-infused products to any person other than a 
8cultivation center, a craft grower, an infuser organization, a 
9dispensing organization, a testing facility, or as otherwise 
10authorized by rule.
11 (c) All cannabis transported by a transporting 
12organization must be entered into a data collection system and 
13placed into a cannabis container for transport. 
14 (d) Transporters are subject to random inspections by the 
15Department of Agriculture, the Department of Public Health, and 
16the Department of State Police.
17 (e) A transporting organization agent shall notify local 
18law enforcement, the Department of State Police, and the 
19Department of Agriculture within 24 hours of the discovery of 
20any loss or theft. Notification shall be made by phone, in 
21person, or by written or electronic communication.
22 (f) No person under the age of 21 years shall be in a 
23commercial vehicle or trailer transporting cannabis goods.
24 (g) No person or individual who is not a transporting 
25organization agent shall be in a vehicle while transporting 
26cannabis goods.
 
 
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1 (h) Transporters may not use commercial motor vehicles with 
2a weight rating of over 10,001 pounds.
3 (i) It is unlawful for any person to offer or deliver 
4money, or anything else of value, directly or indirectly, to 
5any of the following persons to obtain preferential placement 
6within the dispensing organization, including, without 
7limitation, on shelves and in display cases where purchasers 
8can view products, or on the dispensing organization's website:
9  (1) a person having a transporting organization 
10 license, or any officer, associate, member, 
11 representative, or agent of the licensee;
12  (2) a person having an Early Applicant Adult Use 
13 Dispensing Organization License, an Adult Use Dispensing 
14 Organization License, or a medical cannabis dispensing 
15 organization license issued under the Compassionate Use of 
16 Medical Cannabis Pilot Program Act;
17  (3) a person connected with or in any way representing, 
18 or a member of the family of, a person holding an Early 
19 Applicant Adult Use Dispensing Organization License, an 
20 Adult Use Dispensing Organization License, or a medical 
21 cannabis dispensing organization license issued under the 
22 Compassionate Use of Medical Cannabis Pilot Program Act; or
23  (4) a stockholder, officer, manager, agent, or 
24 representative of a corporation engaged in the retail sale 
25 of cannabis, an Early Applicant Adult Use Dispensing 
26 Organization License, an Adult Use Dispensing Organization 
 
 
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1 License, or a medical cannabis dispensing organization 
2 license issued under the Compassionate Use of Medical 
3 Cannabis Pilot Program Act.
4 (j) A transporting transportation organization agent must 
5keep his or her identification card visible at all times when 
6on the property of a cannabis business establishment and during 
7the transporting transportation of cannabis when acting under 
8his or her duties as a transportation organization agent. 
9During these times, the transporting transporter organization 
10agent must also provide the identification card upon request of 
11any law enforcement officer engaged in his or her official 
12duties.
13 (k) A copy of the transporting organization's registration 
14and a manifest for the delivery shall be present in any vehicle 
15transporting cannabis.
16 (l) Cannabis shall be transported so it is not visible or 
17recognizable from outside the vehicle.
18 (m) A vehicle transporting cannabis must not bear any 
19markings to indicate the vehicle contains
cannabis or bear the 
20name or logo of the cannabis business establishment.
21 (n) Cannabis must be transported in an enclosed, locked 
22storage compartment that is secured or affixed to the vehicle. 
23 (o) The Department of Agriculture may, by rule, impose any 
24other requirements or prohibitions on the transportation of 
25cannabis.

26(Source: P.A. 101-27, eff. 6-25-19.)

 
 
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1 (410 ILCS 705/40-30)

2 Sec. 40-30. Transporting agent identification card. 
3 (a) The Department of Agriculture shall:
4  (1) establish by rule the information required in an 
5 initial application or renewal application for an agent 
6 identification card submitted under this Act and the 
7 nonrefundable fee to accompany the initial application or 
8 renewal application;
9  (2) verify the information contained in an initial 
10 application or renewal application for an agent 
11 identification card submitted under this Act and approve or 
12 deny an application within 30 days of receiving a completed 
13 initial application or renewal application and all 
14 supporting documentation required by rule;
15  (3) issue an agent identification card to a qualifying 
16 agent within 15 business days of approving the initial 
17 application or renewal application;
18  (4) enter the license number of the transporting 
19 organization where the agent works; and
20  (5) allow for an electronic initial application and 
21 renewal application process, and provide a confirmation by 
22 electronic or other methods that an application has been 
23 submitted. The Department of Agriculture may by rule 
24 require prospective agents to file their applications by 
25 electronic means and provide notices to the agents by 
 
 
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1 electronic means.
2 (b) An agent must keep his or her identification card 
3visible at all times when on the property of a cannabis 
4business establishment, including the cannabis business 
5establishment for which he or she is an agent.
6 (c) The agent identification cards shall contain the 
7following:
8  (1) the name of the cardholder;
9  (2) the date of issuance and expiration date of the 
10 identification card;
11  (3) a random 10-digit alphanumeric identification 
12 number containing at least 4 numbers and at least 4 letters 
13 that is unique to the holder;
14  (4) a photograph of the cardholder; and
15  (5) the legal name of the transporting transporter 
16 organization employing the agent.
17 (d) An agent identification card shall be immediately 
18returned to the transporting transporter organization of the 
19agent upon termination of his or her employment.
20 (e) Any agent identification card lost by a transporting 
21agent shall be reported to the Department of State Police and 
22the Department of Agriculture immediately upon discovery of the 
23loss.
24 (f) An application for an agent identification card shall 
25be denied if the applicant is delinquent in filing any required 
26tax returns or paying any amounts owed to the State of 
 
 
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1Illinois.

2(Source: P.A. 101-27, eff. 6-25-19.)

3 (410 ILCS 705/40-35)

4 Sec. 40-35. Transporting organization background checks. 
5 (a) Through the Department of State Police, the Department 
6of Agriculture shall conduct a background check of the 
7prospective principal officers, board members, and agents of a 
8transporter applying for a license or identification card under 
9this Act. The Department of State Police shall charge a fee set 
10by rule for conducting the criminal history record check, which 
11shall be deposited into the State Police Services Fund and 
12shall not exceed the actual cost of the record check. In order 
13to carry out this provision, each transporting transporter 
14organization's prospective principal officer, board member, or 
15agent shall submit a full set of fingerprints to the Department 
16of State Police for the purpose of obtaining a State and 
17federal criminal records check. These fingerprints shall be 
18checked against the fingerprint records now and hereafter, to 
19the extent allowed by law, filed in the Department of State 
20Police and Federal Bureau of Investigation criminal history 
21records databases. The Department of State Police shall 
22furnish, following positive identification, all conviction 
23information to the Department of Agriculture.
24 (b) When applying for the initial license or identification 
25card, the background checks for all prospective principal 
 
 
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1officers, board members, and agents shall be completed before 
2submitting the application to the Department of Agriculture.

3(Source: P.A. 101-27, eff. 6-25-19.)

4 (410 ILCS 705/40-40)

5 Sec. 40-40. Renewal of transporting organization licenses 
6and agent identification cards. 
7 (a) Licenses and identification cards issued under this Act 
8shall be renewed annually. A transporting organization shall 
9receive written or electronic notice 90 days before the 
10expiration of its current license that the license will expire. 
11The Department of Agriculture shall grant a renewal within 45 
12days of submission of a renewal application if:
13  (1) the transporting organization submits a renewal 
14 application and the required nonrefundable renewal fee of 
15 $10,000, or after January 1, 2021, another amount set by 
16 rule by the Department of Agriculture, to be deposited into 
17 the Cannabis Regulation Fund;
18  (2) the Department of Agriculture has not suspended or 
19 revoked the license of the transporting organization for 
20 violating this Act or rules adopted under this Act; 
21  (3) the transporting organization has continued to 
22 operate in accordance with all plans submitted as part of 
23 its application and approved by the Department of 
24 Agriculture or any amendments thereto that have been 
25 approved by the Department of Agriculture; and
 
 
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1  (4) the transporter has submitted an agent, employee, 
2 contracting, and subcontracting diversity report as 
3 required by the Department.
4 (b) If a transporting organization fails to renew its 
5license before expiration, it shall cease operations until its 
6license is renewed.
7 (c) If a transporting organization agent fails to renew his 
8or her identification card before its expiration, he or she 
9shall cease to work as an agent of the transporting transporter 
10organization until his or her identification card is renewed.
11 (d) Any transporting organization that continues to 
12operate, or any transporting organization agent who continues 
13to work as an agent, after the applicable license or 
14identification card has expired without renewal is subject to 
15the penalties provided under Section 45-5.
16 (e) The Department shall not renew a license or an agent 
17identification card if the applicant is delinquent in filing 
18any required tax returns or paying any amounts owed to the 
19State of Illinois.

20(Source: P.A. 101-27, eff. 6-25-19.)

21 (410 ILCS 705/45-5)

22 Sec. 45-5. License suspension; revocation; other 
23penalties. 
24 (a) Notwithstanding any other criminal penalties related 
25to the unlawful possession of cannabis, the Department of 
 
 
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1Financial and Professional Regulation and the Department of 
2Agriculture may revoke, suspend, place on probation, 
3reprimand, issue cease and desist orders, refuse to issue or 
4renew a license, or take any other disciplinary or 
5nondisciplinary action as each department may deem proper with 
6regard to a cannabis business establishment or cannabis 
7business establishment agent, including fines not to exceed:
8  (1) $50,000 for each violation of this Act or rules 
9 adopted under this Act by a cultivation center or 
10 cultivation center agent;
11  (2) $20,000 $10,000 for each violation of this Act or 
12 rules adopted under this Act by a dispensing organization 
13 or dispensing organization agent;
14  (3) $15,000 for each violation of this Act or rules 
15 adopted under this Act by a craft grower or craft grower 
16 agent;
17  (4) $10,000 for each violation of this Act or rules 
18 adopted under this Act by an infuser organization or 
19 infuser organization agent; and
20  (5) $10,000 for each violation of this Act or rules 
21 adopted under this Act by a transporting organization or 
22 transporting organization agent.
23 (b) The Department of Financial and Professional 
24Regulation and the Department of Agriculture, as the case may 
25be, shall consider licensee cooperation in any agency or other 
26investigation in its determination of penalties imposed under 
 
 
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1this Section.
2 (c) The procedures for disciplining a cannabis business 
3establishment or cannabis business establishment agent and for 
4administrative hearings shall be determined by rule, and shall 
5provide for the review of final decisions under the 
6Administrative Review Law.
7 (d) The Attorney General may also enforce a violation of 
8Section 55-20, Section 55-21, and Section 15-155 as an unlawful 
9practice under the Consumer Fraud and Deceptive Business 
10Practices Act. 

11(Source: P.A. 101-27, eff. 6-25-19.)

12 (410 ILCS 705/50-5)

13 Sec. 50-5. Laboratory testing. 
14 (a) Notwithstanding any other provision of law, the 
15following acts, when performed by a cannabis testing facility 
16with a current, valid registration, or a person 21 years of age 
17or older who is acting in his or her capacity as an owner, 
18employee, or agent of a cannabis testing facility, are not 
19unlawful and shall not be an offense under Illinois law or be a 
20basis for seizure or forfeiture of assets under Illinois law:
21  (1) possessing, repackaging, transporting, storing, or 
22 displaying cannabis or cannabis-infused products;
23  (2) receiving or transporting cannabis or 
24 cannabis-infused products from a cannabis business 
25 establishment, a community college licensed under the 
 
 
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1 Community College Cannabis Vocational Training Pilot 
2 Program, or a person 21 years of age or older; and
3  (3) returning or transporting cannabis or 
4 cannabis-infused products to a cannabis business 
5 establishment, a community college licensed under the 
6 Community College Cannabis Vocational Training Pilot 
7 Program, or a person 21 years of age or older.
8 (b)(1) No laboratory shall handle, test, or analyze 
9cannabis unless approved by the Department of Agriculture in 
10accordance with this Section.
11 (2) No laboratory shall be approved to handle, test, or 
12analyze cannabis unless the laboratory:
13  (A) is accredited by a private laboratory accrediting 
14 organization;
15  (B) is independent from all other persons involved in 
16 the cannabis industry in Illinois and no person with a 
17 direct or indirect interest in the laboratory has a direct 
18 or indirect financial, management, or other interest in an 
19 Illinois cultivation center, craft grower, dispensary, 
20 infuser, transporter, certifying physician, or any other 
21 entity in the State that may benefit from the production, 
22 manufacture, dispensing, sale, purchase, or use of 
23 cannabis; and 
24  (C) has employed at least one person to oversee and be 
25 responsible for the laboratory testing who has earned, from 
26 a college or university accredited by a national or 
 
 
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1 regional certifying authority, at least:
2   (i) a master's level degree in chemical or 
3 biological sciences and a minimum of 2 years' 
4 post-degree laboratory experience; or
5   (ii) a bachelor's degree in chemical or biological 
6 sciences and a minimum of 4 years' post-degree 
7 laboratory experience.
8 (3) Each independent testing laboratory that claims to be 
9accredited must provide the Department of Agriculture with a 
10copy of the most recent annual inspection report granting 
11accreditation and every annual report thereafter.
12 (c) Immediately before manufacturing or natural processing 
13of any cannabis or cannabis-infused product or packaging 
14cannabis for sale to a dispensary, each batch shall be made 
15available by the cultivation center, craft grower, or infuser 
16for an employee of an approved laboratory to select a random 
17sample, which shall be tested by the approved laboratory for:
18  (1) microbiological contaminants;
19  (2) mycotoxins;
20  (3) pesticide active ingredients;
21  (4) residual solvent; and
22  (5) an active ingredient analysis.
23 (d) The Department of Agriculture may select a random 
24sample that shall, for the purposes of conducting an active 
25ingredient analysis, be tested by the Department of Agriculture 
26for verification of label information.
 
 
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1 (e) A laboratory shall immediately return or dispose of any 
2cannabis upon the completion of any testing, use, or research. 
3If cannabis is disposed of, it shall be done in compliance with 
4Department of Agriculture rule.
5 (f) If a sample of cannabis does not pass the 
6microbiological, mycotoxin, pesticide chemical residue, or 
7solvent residue test, based on the standards established by the 
8Department of Agriculture, the following shall apply: 
9  (1) If the sample failed the pesticide chemical residue 
10 test, the entire batch from which the sample was taken 
11 shall, if applicable, be recalled as provided by rule.
12  (2) If the sample failed any other test, the batch may 
13 be used to make a CO2-based or solvent based extract. After 
14 processing, the CO2-based or solvent based extract must 
15 still pass all required tests. 
16 (g) The Department of Agriculture shall establish 
17standards for microbial, mycotoxin, pesticide residue, solvent 
18residue, or other standards for the presence of possible 
19contaminants, in addition to labeling requirements for 
20contents and potency.
21 (h) The laboratory shall file with the Department of 
22Agriculture an electronic copy of each laboratory test result 
23for any batch that does not pass the microbiological, 
24mycotoxin, or pesticide chemical residue test, at the same time 
25that it transmits those results to the cultivation center. In 
26addition, the laboratory shall maintain the laboratory test 
 
 
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1results for at least 5 years and make them available at the 
2Department of Agriculture's request.
3 (i) A cultivation center, craft grower, and infuser shall 
4provide to a dispensing organization the laboratory test 
5results for each batch of cannabis product purchased by the 
6dispensing organization, if sampled. Each dispensing 
7dispensary organization must have those laboratory results 
8available upon request to purchasers.
9 (j) The Department of Agriculture may adopt rules related 
10to testing in furtherance of this Act.

11(Source: P.A. 101-27, eff. 6-25-19.)

12 (410 ILCS 705/55-10)

13 Sec. 55-10. Maintenance of inventory. All dispensing 
14organizations authorized to serve both registered qualifying 
15patients and caregivers and purchasers are required to report 
16which cannabis and cannabis-infused products are purchased for 
17sale under the Compassionate Use of Medical Cannabis Pilot 
18Program Act, and which cannabis and cannabis-infused products 
19are purchased under this Act. Nothing in this Section prohibits 
20a registered qualifying patient under the Compassionate Use of 
21Medical Cannabis Pilot Program Act from purchasing cannabis as 
22a purchaser under this Act.

23(Source: P.A. 101-27, eff. 6-25-19.)

24 (410 ILCS 705/55-20)

 
 
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1 Sec. 55-20. Advertising and promotions. 
2 (a) No cannabis business establishment nor any other person 
3or entity shall engage in advertising that contains any 
4statement or illustration that:
5  (1) is false or misleading;
6  (2) promotes overconsumption of cannabis or cannabis 
7 products;
8  (3) depicts the actual consumption of cannabis or 
9 cannabis products;
10  (4) depicts a person under 21 years of age consuming 
11 cannabis;
12  (5) makes any health, medicinal, or therapeutic claims 
13 about cannabis or cannabis-infused products;
14  (6) includes the image of a cannabis leaf or bud; or
15  (7) includes any image designed or likely to appeal to 
16 minors, including cartoons, toys, animals, or children, or 
17 any other likeness to images, characters, or phrases that 
18 is designed in any manner to be appealing to or encourage 
19 consumption by of persons under 21 years of age.
20 (b) No cannabis business establishment nor any other person 
21or entity shall place or maintain, or cause to be placed or 
22maintained, an advertisement of cannabis or a cannabis-infused 
23product in any form or through any medium:
24  (1) within 1,000 feet of the perimeter of school 
25 grounds, a playground, a recreation center or facility, a 
26 child care center, a public park or public library, or a 
 
 
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1 game arcade to which admission is not restricted to persons 
2 21 years of age or older;
3  (2) on or in a public transit vehicle or public transit 
4 shelter;
5  (3) on or in publicly owned or publicly operated 
6 property; or
7  (4) that contains information that:
8   (A) is false or misleading;
9   (B) promotes excessive consumption;
10   (C) depicts a person under 21 years of age 
11 consuming cannabis;
12   (D) includes the image of a cannabis leaf; or
13   (E) includes any image designed or likely to appeal 
14 to minors, including cartoons, toys, animals, or 
15 children, or any other likeness to images, characters, 
16 or phrases that are popularly used to advertise to 
17 children, or any imitation of candy packaging or 
18 labeling, or that promotes consumption of cannabis.
19 (c) Subsections (a) and (b) do not apply to an educational 
20message.
21 (d) Sales promotions. No cannabis business establishment 
22nor any other person or entity may encourage the sale of 
23cannabis or cannabis products by giving away cannabis or 
24cannabis products, by conducting games or competitions related 
25to the consumption of cannabis or cannabis products, or by 
26providing promotional materials or activities of a manner or 
 
 
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1type that would be appealing to children.

2(Source: P.A. 101-27, eff. 6-25-19.)

3 (410 ILCS 705/55-21)

4 Sec. 55-21. Cannabis product packaging and labeling. 
5 (a) Each cannabis product produced for sale shall be 
6registered with the Department of Agriculture on forms provided 
7by the Department of Agriculture. Each product registration 
8shall include a label and the required registration fee at the 
9rate established by the Department of Agriculture for a 
10comparable medical cannabis product, or as established by rule. 
11The registration fee is for the name of the product offered for 
12sale and one fee shall be sufficient for all package sizes.
13 (b) All harvested cannabis intended for distribution to a 
14cannabis enterprise must be packaged in a sealed, labeled 
15container. 
16 (c) Any product containing cannabis shall be packaged in a 
17sealed, odor-proof, and child-resistant cannabis container 
18consistent with current standards, including the Consumer 
19Product Safety Commission standards referenced by the Poison 
20Prevention Act.
21 (d) All cannabis-infused products shall be individually 
22wrapped or packaged at the original point of preparation. The 
23packaging of the cannabis-infused product shall conform to the 
24labeling requirements of the Illinois Food, Drug and Cosmetic 
25Act, in addition to the other requirements set forth in this 
 
 
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1Section.
2 (e) Each cannabis product shall be labeled before sale and 
3each label shall be securely affixed to the package and shall 
4state in legible English and any languages required by the 
5Department of Agriculture:
6  (1) the name and post office box of the registered 
7 cultivation center or craft grower where the item was 
8 manufactured;
9  (2) the common or usual name of the item and the 
10 registered name of the cannabis product that was registered 
11 with the Department of Agriculture under subsection (a);
12  (3) a unique serial number that will match the product 
13 with a cultivation center or craft grower batch and lot 
14 number to facilitate any warnings or recalls the Department 
15 of Agriculture, cultivation center, or craft grower deems 
16 appropriate;
17  (4) the date of final testing and packaging, if 
18 sampled, and the identification of the independent testing 
19 laboratory;
20  (5) the date of harvest and "use by" date;
21  (6) the quantity (in ounces or grams) of cannabis 
22 contained in the product;
23  (7) a pass/fail rating based on the laboratory's 
24 microbiological, mycotoxins, and pesticide and solvent 
25 residue analyses, if sampled; .
26  (8) content list.
 
 
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1   (A) A list of the following, including the minimum 
2 and maximum percentage content by weight for 
3 subdivisions (e) (d)(8)(A)(i) through (iv):
4    (i) delta-9-tetrahydrocannabinol (THC);
5    (ii) tetrahydrocannabinolic acid (THCA);
6    (iii) cannabidiol (CBD);
7    (iv) cannabidiolic acid (CBDA); and
8    (v) all other ingredients of the item, 
9 including any colors, artificial flavors, and 
10 preservatives, listed in descending order by 
11 predominance of weight shown with common or usual 
12 names.
13   (B) The acceptable tolerances for the minimum 
14 percentage printed on the label for any of subdivisions 
15 (e) (d)(8)(A)(i) through (iv) shall not be below 85% or 
16 above 115% of the labeled amount. ;
17 (f) Packaging must not contain information that: 
18  (1) is false or misleading; 
19  (2) promotes excessive consumption; 
20  (3) depicts a person under 21 years of age consuming 
21 cannabis; 
22  (4) includes the image of a cannabis leaf; 
23  (5) includes any image designed or likely to appeal to 
24 minors, including cartoons, toys, animals, or children, or 
25 any other likeness to images, characters, or phrases that 
26 are popularly used to advertise to children, or any 
 
 
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1 packaging or labeling that bears reasonable resemblance to 
2 any product available for consumption as a commercially 
3 available candy, or that promotes consumption of cannabis;
4  (6) contains any seal, flag, crest, coat of arms, or 
5 other insignia likely to mislead the purchaser to believe 
6 that the product has been endorsed, made, or used by the 
7 State of Illinois or any of its representatives except 
8 where authorized by this Act.
9 (g) Cannabis products produced by concentrating or 
10extracting ingredients from the cannabis plant shall contain 
11the following information, where applicable:
12  (1) If solvents were used to create the concentrate or 
13 extract, a statement that discloses the type of extraction 
14 method, including any solvents or gases used to create the 
15 concentrate or extract; and
16  (2) Any other chemicals or compounds used to produce or 
17 were added to the concentrate or extract.
18 (h) All cannabis products must contain warning statements 
19established for purchasers, of a size that is legible and 
20readily visible to a consumer inspecting a package, which may 
21not be covered or obscured in any way. The Department of Public 
22Health shall define and update appropriate health warnings for 
23packages including specific labeling or warning requirements 
24for specific cannabis products. 
25 (i) Unless modified by rule to strengthen or respond to new 
26evidence and science, the following warnings shall apply to all 
 
 
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1cannabis products unless modified by rule: "This product 
2contains cannabis and is intended for use by adults 21 and 
3over. Its use can impair cognition and may be habit forming. 
4This product should not be used by pregnant or breastfeeding 
5women. It is unlawful to sell or provide this item to any 
6individual, and it may not be transported outside the State of 
7Illinois. It is illegal to operate a motor vehicle while under 
8the influence of cannabis. Possession or use of this product 
9may carry significant legal penalties in some jurisdictions and 
10under federal law.". 
11 (j) Warnings for each of the following product types must 
12be present on labels when offered for sale to a purchaser:
13  (1) Cannabis that may be smoked must contain a 
14 statement that "Smoking is hazardous to your health.". 
15  (2) Cannabis-infused products (other than those 
16 intended for topical application) must contain a statement 
17 "CAUTION: This product contains cannabis, and intoxication 
18 following use may be delayed 2 or more hours. This product 
19 was produced in a facility that cultivates cannabis, and 
20 that may also process common food allergens.".
21  (3) Cannabis-infused products intended for topical 
22 application must contain a statement "DO NOT EAT" in bold, 
23 capital letters.
24 (k) Each cannabis-infused product intended for consumption 
25must be individually packaged, must include the total milligram 
26content of THC and CBD, and may not include more than a total 
 
 
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1of 100 milligrams of THC per package. A package may contain 
2multiple servings of 10 milligrams of THC, and indicated by 
3scoring, wrapping, or by other indicators designating 
4individual serving sizes. The Department of Agriculture may 
5change the total amount of THC allowed for each package, or the 
6total amount of THC allowed for each serving size, by rule. 
7 (l) No individual other than the purchaser may alter or 
8destroy any labeling affixed to the primary packaging of 
9cannabis or cannabis-infused products.
10 (m) For each commercial weighing and measuring device used 
11at a facility, the cultivation center or craft grower must:
12  (1) Ensure that the commercial device is licensed under 
13 the Weights and Measures Act and the associated 
14 administrative rules (8 Ill. Adm. Code 600);
15  (2) Maintain documentation of the licensure of the 
16 commercial device; and
17  (3) Provide a copy of the license of the commercial 
18 device to the Department of Agriculture for review upon 
19 request.
20 (n) It is the responsibility of the Department to ensure 
21that packaging and labeling requirements, including product 
22warnings, are enforced at all times for products provided to 
23purchasers. Product registration requirements and container 
24requirements may be modified by rule by the Department of 
25Agriculture.
26 (o) Labeling, including warning labels, may be modified by 
 
 
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1rule by the Department of Agriculture.

2(Source: P.A. 101-27, eff. 6-25-19; revised 8-30-19.)

3 (410 ILCS 705/55-25)

4 Sec. 55-25. Local ordinances. Unless otherwise provided 
5under this Act or otherwise in accordance with State law:
6  (1) A unit of local government, including a home rule 
7 unit or any non-home rule county within the unincorporated 
8 territory of the county, may enact reasonable zoning 
9 ordinances or resolutions, not in conflict with this Act or 
10 rules adopted pursuant to this Act, regulating cannabis 
11 business establishments. No unit of local government, 
12 including a home rule unit or any non-home rule county 
13 within the unincorporated territory of the county, may 
14 prohibit home cultivation or unreasonably prohibit use of 
15 cannabis authorized by this Act.
16  (2) 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 ordinances or rules not 
19 in conflict with this Act or with rules adopted pursuant to 
20 this Act governing the time, place, manner, and number of 
21 cannabis business establishment operations, including 
22 minimum distance limitations between cannabis business 
23 establishments and locations it deems sensitive, including 
24 colleges and universities, through the use of conditional 
25 use permits. A unit of local government, including a home 
 
 
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1 rule unit, may establish civil penalties for violation of 
2 an ordinance or rules governing the time, place, and manner 
3 of operation of a cannabis business establishment or a 
4 conditional use permit in the jurisdiction of the unit of 
5 local government. No unit of local government, including a 
6 home rule unit or non-home rule county within an 
7 unincorporated territory of the county, may unreasonably 
8 restrict the time, place, manner, and number of cannabis 
9 business establishment operations authorized by this Act.
10  (3) A unit of local government, including a home rule 
11 unit, or any non-home rule county within the unincorporated 
12 territory of the county may authorize or permit the 
13 on-premises consumption of cannabis at or in a dispensing 
14 organization or retail tobacco store (as defined in Section 
15 10 of the Smoke Free Illinois Act) within its jurisdiction 
16 in a manner consistent with this Act. A dispensing 
17 organization or retail tobacco store regulate the 
18 on-premises consumption of cannabis at or in a cannabis 
19 business establishment within its jurisdiction in a manner 
20 consistent with this Act. A cannabis business 
21 establishment or other entity authorized or permitted by a 
22 unit of local government to allow on-site consumption shall 
23 not be deemed a public place within the meaning of the 
24 Smoke Free Illinois Act.
25  (4) A unit of local government, including a home rule 
26 unit or any non-home rule county within the unincorporated 
 
 
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1 territory of the county, may not regulate the activities 
2 described in paragraph (1), (2), or (3) in a manner more 
3 restrictive than the regulation of those activities by the 
4 State under this Act. This Section is a limitation under 
5 subsection (i) of Section 6 of Article VII of the Illinois 
6 Constitution on the concurrent exercise by home rule units 
7 of powers and functions exercised by the State.
8  (5) A unit of local government, including a home rule 
9 unit or any non-home rule county within the unincorporated 
10 territory of the county, may enact ordinances to prohibit 
11 or significantly limit a cannabis business establishment's 
12 location.

13(Source: P.A. 101-27, eff. 6-25-19.)

14 (410 ILCS 705/55-28)

15 Sec. 55-28. Restricted cannabis zones. 
16 (a) As used in this Section:
17 "Legal voter" means a person: 
18  (1) who is duly registered to vote in a municipality 
19 with a population of over 500,000; 
20  (2) whose name appears on a poll list compiled by the 
21 city board of election commissioners since the last 
22 preceding election, regardless of whether the election was 
23 a primary, general, or special election; 
24  (3) who, at the relevant time, is a resident of the 
25 address at which he or she is registered to vote; and 
 
 
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1  (4) whose address, at the relevant time, is located in 
2 the precinct where such person seeks to file a notice of 
3 intent to initiate a petition process, circulate a 
4 petition, or sign a petition under this Section. 
5 As used in the definition of "legal voter", "relevant time" 
6means any time that: 
7  (i) a notice of intent is filed, pursuant to subsection 
8 (c) of this Section, to initiate the petition process under 
9 this Section; 
10  (ii) the petition is circulated for signature in the 
11 applicable precinct; or 
12  (iii) the petition is signed by registered voters in 
13 the applicable precinct.
14 "Petition" means the petition described in this Section.
15 "Precinct" means the smallest constituent territory within 
16a municipality with a population of over 500,000 in which 
17electors vote as a unit at the same polling place in any 
18election governed by the Election Code.
19 "Restricted cannabis zone" means a precinct within which 
20home cultivation, one or more types of cannabis business 
21establishments, or both has been prohibited pursuant to an 
22ordinance initiated by a petition under this Section. 
23 (b) The legal voters of any precinct within a municipality 
24with a population of over 500,000 may petition their local 
25alderman, using a petition form made available online by the 
26city clerk, to introduce an ordinance establishing the precinct 
 
 
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1as a restricted zone. Such petition shall specify whether it 
2seeks an ordinance to prohibit, within the precinct: (i) home 
3cultivation; (ii) one or more types of cannabis business 
4establishments; or (iii) home cultivation and one or more types 
5of cannabis business establishments. 
6 Upon receiving a petition containing the signatures of at 
7least 25% of the registered voters of the precinct, and 
8concluding that the petition is legally sufficient following 
9the posting and review process in subsection (c) of this 
10Section, the city clerk shall notify the local alderman of the 
11ward in which the precinct is located. Upon being notified, 
12that alderman, following an assessment of relevant factors 
13within the precinct, including but not limited to, its 
14geography, density and character, the prevalence of 
15residentially zoned property, current licensed cannabis 
16business establishments in the precinct, the current amount of 
17home cultivation in the precinct, and the prevailing viewpoint 
18with regard to the issue raised in the petition, may introduce 
19an ordinance to the municipality's governing body creating a 
20restricted cannabis zone in that precinct.
21 (c) A person seeking to initiate the petition process 
22described in this Section shall first submit to the city clerk 
23notice of intent to do so, on a form made available online by 
24the city clerk. That notice shall include a description of the 
25potentially affected area and the scope of the restriction 
26sought. The city clerk shall publicly post the submitted notice 
 
 
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1online.
2 To be legally sufficient, a petition must contain the 
3requisite number of valid signatures and all such signatures 
4must be obtained within 90 days of the date that the city clerk 
5publicly posts the notice of intent. Upon receipt, the city 
6clerk shall post the petition on the municipality's website for 
7a 30-day comment period. The city clerk is authorized to take 
8all necessary and appropriate steps to verify the legal 
9sufficiency of a submitted petition. Following the petition 
10review and comment period, the city clerk shall publicly post 
11online the status of the petition as accepted or rejected, and 
12if rejected, the reasons therefor. If the city clerk rejects a 
13petition as legally insufficient, a minimum of 12 months must 
14elapse from the time the city clerk posts the rejection notice 
15before a new notice of intent for that same precinct may be 
16submitted.
17 (c-5) Within 3 days after receiving an application for 
18zoning approval to locate a cannabis business establishment 
19within a municipality with a population of over 500,000, the 
20municipality shall post a public notice of the filing on its 
21website and notify the alderman of the ward in which the 
22proposed cannabis business establishment is to be located of 
23the filing. No action shall be taken on the zoning application 
24for 7 business days following the notice of the filing for 
25zoning approval.
26 If a notice of intent to initiate the petition process to 
 
 
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1prohibit the type of cannabis business establishment proposed 
2in the precinct of the proposed cannabis business establishment 
3is filed prior to the filing of the application or within the 
47-day period after the filing of the application, the 
5municipality shall not approve the application for at least 90 
6days after the city clerk publicly posts the notice of intent 
7to initiate the petition process. If a petition is filed within 
8the 90-day petition-gathering period described in subsection 
9(c), the municipality shall not approve the application for an 
10additional 90 days after the city clerk's receipt of the 
11petition; provided that if the city clerk rejects a petition as 
12legally insufficient, the municipality may approve the 
13application prior to the end of the 90 days. If a petition is 
14not submitted within the 90-day petition-gathering period 
15described in subsection (c), the municipality may approve the 
16application unless the approval is otherwise stayed pursuant to 
17this subsection by a separate notice of intent to initiate the 
18petition process filed timely within the 7-day period. 
19 If no legally sufficient petition is timely filed, a 
20minimum of 12 months must elapse before a new notice of intent 
21for that same precinct may be submitted. 
22 (d) Notwithstanding any law to the contrary, the 
23municipality may enact an ordinance creating a restricted 
24cannabis zone. The ordinance shall:
25  (1) identify the applicable precinct boundaries as of 
26 the date of the petition; 
 
 
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1  (2) state whether the ordinance prohibits within the 
2 defined boundaries of the precinct, and in what 
3 combination: (A) one or more types of cannabis business 
4 establishments; or (B) home cultivation; 
5  (3) be in effect for 4 years, unless repealed earlier; 
6 and
7  (4) once in effect, be subject to renewal by ordinance 
8 at the expiration of the 4-year period without the need for 
9 another supporting petition.

10(Source: P.A. 101-27, eff. 6-25-19.)

11 (410 ILCS 705/55-30)

12 Sec. 55-30. Confidentiality. 
13 (a) Information provided by the cannabis business 
14establishment licensees or applicants to the Department of 
15Agriculture, the Department of Public Health, the Department of 
16Financial and Professional Regulation, the Department of 
17Commerce and Economic Opportunity, or other agency shall be 
18limited to information necessary for the purposes of 
19administering this Act. The information is subject to the 
20provisions and limitations contained in the Freedom of 
21Information Act and may be disclosed in accordance with Section 
2255-65.
23 (b) The following information received and records kept by 
24the Department of Agriculture, the Department of Public Health, 
25the Department of State Police, and the Department of Financial 
 
 
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1and Professional Regulation for purposes of administering this 
2Article are subject to all applicable federal privacy laws, are 
3confidential and exempt from disclosure under the Freedom of 
4Information Act, except as provided in this Act, and not 
5subject to disclosure to any individual or public or private 
6entity, except to the Department of Financial and Professional 
7Regulation, the Department of Agriculture, the Department of 
8Public Health, and the Department of State Police as necessary 
9to perform official duties under this Article and to the 
10Attorney General as necessary to enforce the provisions of this 
11Act. The following information received and kept by the 
12Department of Financial and Professional Regulation or the 
13Department of Agriculture may be disclosed to the Department of 
14Public Health, the Department of Agriculture, the Department of 
15Revenue, the Department of State Police, or the Attorney 
16General upon proper . The following information received and 
17kept by the Department of Financial and Professional Regulation 
18or the Department of Agriculture, excluding any existing or 
19non-existing Illinois or national criminal history record 
20information, may be disclosed to the Department of Public 
21Health, the Department of Agriculture, the Department of 
22Revenue, or the Department of State Police upon request:
23  (1) Applications and renewals, their contents, and 
24 supporting information submitted by or on behalf of 
25 dispensing organizations in compliance with this Article, 
26 including their physical addresses;
 
 
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1  (2) Any plans, procedures, policies, or other records 
2 relating to dispensing organization security; and
3  (3) Information otherwise exempt from disclosure by 
4 State or federal law.
5 Illinois or national criminal history record information, 
6or the nonexistence or lack of such information, may not be 
7disclosed by the Department of Financial and Professional 
8Regulation or the Department of Agriculture, except as 
9necessary to the Attorney General to enforce this Act. 
10 (c) The name and address of a dispensing organization 
11licensed under this Act shall be subject to disclosure under 
12the Freedom of Information Act. The name and cannabis business 
13establishment address of the person or entity holding each 
14cannabis business establishment license shall be subject to 
15disclosure.
16 (d) All information collected by the Department of 
17Financial and Professional Regulation in the course of an 
18examination, inspection, or investigation of a licensee or 
19applicant, including, but not limited to, any complaint against 
20a licensee or applicant filed with the Department and 
21information collected to investigate any such complaint, shall 
22be maintained for the confidential use of the Department and 
23shall not be disclosed, except as otherwise provided in this 
24the Act. A formal complaint against a licensee by the 
25Department or any disciplinary order issued by the Department 
26against a licensee or applicant shall be a public record, 
 
 
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1except as otherwise provided by law prohibited by law, as 
2required by law, or as necessary to enforce the provisions of 
3this Act. Complaints from consumers or members of the general 
4public received regarding a specific, named licensee or 
5complaints regarding conduct by unlicensed entities shall be 
6subject to disclosure under the Freedom of Information Act. 
7 (e) The Department of Agriculture, the Department of State 
8Police, and the Department of Financial and Professional 
9Regulation shall not share or disclose any Illinois or national 
10criminal history record information, or the nonexistence or 
11lack of such information, existing or non-existing Illinois or 
12national criminal history record information to any person or 
13entity not expressly authorized by this Act. As used in this 
14Section, "any existing or non-existing Illinois or national 
15criminal history record information" means any Illinois or 
16national criminal history record information, including but 
17not limited to the lack of or non-existence of these records. 
18 (f) Each Department responsible for licensure under this 
19Act shall publish on the Department's website a list of the 
20ownership information of cannabis business establishment 
21licensees under the Department's jurisdiction. The list shall 
22include, but is not limited to: the name of the person or 
23entity holding each cannabis business establishment license; 
24and the address at which the entity is operating under this 
25Act. This list shall be published and updated monthly.

26(Source: P.A. 101-27, eff. 6-25-19; revised 9-10-19.)

 
 
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1 (410 ILCS 705/55-35)

2 Sec. 55-35. Administrative rulemaking. 
3 (a) No later than 180 days after the effective date of this 
4Act, the Department of Agriculture, the Department of State 
5Police, the Department of Financial and Professional 
6Regulation, the Department of Revenue, the Department of 
7Commerce and Economic Opportunity, and the Treasurer's Office 
8shall adopt permanent rules in accordance with their 
9responsibilities under this Act. The Department of 
10Agriculture, the Department of State Police, the Department of 
11Financial and Professional Regulation, the Department of 
12Revenue, and the Department of Commerce and Economic 
13Opportunity may adopt rules necessary to regulate personal 
14cannabis use through the use of emergency rulemaking in 
15accordance with subsection (gg) of Section 5-45 of the Illinois 
16Administrative Procedure Act. The General Assembly finds that 
17the adoption of rules to regulate cannabis use is deemed an 
18emergency and necessary for the public interest, safety, and 
19welfare.
20 (b) The Department of Agriculture rules may address, but 
21are not limited to, the following matters related to 
22cultivation centers, craft growers, infuser organizations, and 
23transporting organizations with the goal of protecting against 
24diversion and theft, without imposing an undue burden on the 
25cultivation centers, craft growers, infuser organizations, or 
 
 
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1transporting organizations:
2  (1) oversight requirements for cultivation centers, 
3 craft growers, infuser organizations, and transporting 
4 organizations;
5  (2) recordkeeping requirements for cultivation 
6 centers, craft growers, infuser organizations, and 
7 transporting organizations;
8  (3) security requirements for cultivation centers, 
9 craft growers, infuser organizations, and transporting 
10 organizations, which shall include that each cultivation 
11 center, craft grower, infuser organization, and 
12 transporting organization location must be protected by a 
13 fully operational security alarm system;
14  (4) standards for enclosed, locked facilities under 
15 this Act;
16  (5) procedures for suspending or revoking the 
17 identification cards of agents of cultivation centers, 
18 craft growers, infuser organizations, and transporting 
19 organizations that commit violations of this Act or the 
20 rules adopted under this Section;
21  (6) rules concerning the intrastate transportation of 
22 cannabis from a cultivation center, craft grower, infuser 
23 organization, and transporting organization to a 
24 dispensing organization;
25  (7) standards concerning the testing, quality, 
26 cultivation, and processing of cannabis; and
 
 
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1  (8) any other matters under oversight by the Department 
2 of Agriculture as are necessary for the fair, impartial, 
3 stringent, and comprehensive administration of this Act.
4 (c) The Department of Financial and Professional 
5Regulation rules may address, but are not limited to, the 
6following matters related to dispensing organizations, with 
7the goal of protecting against diversion and theft, without 
8imposing an undue burden on the dispensing organizations:
9  (1) oversight requirements for dispensing 
10 organizations;
11  (2) recordkeeping requirements for dispensing 
12 organizations;
13  (3) security requirements for dispensing 
14 organizations, which shall include that each dispensing 
15 organization location must be protected by a fully 
16 operational security alarm system;
17  (4) procedures for suspending or revoking the licenses 
18 of dispensing organization agents that commit violations 
19 of this Act or the rules adopted under this Act;
20  (5) any other matters under oversight by the Department 
21 of Financial and Professional Regulation that are 
22 necessary for the fair, impartial, stringent, and 
23 comprehensive administration of this Act.
24 (d) The Department of Revenue rules may address, but are 
25not limited to, the following matters related to the payment of 
26taxes by cannabis business establishments:
 
 
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1  (1) recording of sales;
2  (2) documentation of taxable income and expenses;
3  (3) transfer of funds for the payment of taxes; or
4  (4) any other matter under the oversight of the 
5 Department of Revenue.
6 (e) The Department of Commerce and Economic Opportunity 
7rules may address, but are not limited to, a loan program or 
8grant program to assist Social Equity Applicants access the 
9capital needed to start a cannabis business establishment. The 
10names of recipients and the amounts of any moneys received 
11through a loan program or grant program shall be a public 
12record.
13 (f) The Department of State Police rules may address 
14enforcement of its authority under this Act. The Department of 
15State Police shall not make rules that infringe on the 
16exclusive authority of the Department of Financial and 
17Professional Regulation or the Department of Agriculture over 
18licensees under this Act.
19 (g) The Department of Public Health shall develop and 
20disseminate:
21  (1) educational information about the health risks 
22 associated with the use of cannabis; and
23  (2) one or more public education campaigns in 
24 coordination with local health departments and community 
25 organizations, including one or more prevention campaigns 
26 directed at children, adolescents, parents, and pregnant 
 
 
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1 or breastfeeding women, to inform them of the potential 
2 health risks associated with intentional or unintentional 
3 cannabis use. 

4(Source: P.A. 101-27, eff. 6-25-19.)

5 (410 ILCS 705/55-65)

6 Sec. 55-65. Financial institutions. 
7 (a) A financial institution that provides financial 
8services customarily provided by financial institutions to a 
9cannabis business establishment authorized under this Act or 
10the Compassionate Use of Medical Cannabis Pilot Program Act, or 
11to a person that is affiliated with such cannabis business 
12establishment, is exempt from any criminal law of this State as 
13it relates to cannabis-related conduct authorized under State 
14law. 
15 (b) Upon request of a financial institution, a cannabis 
16business establishment or proposed cannabis business 
17establishment may provide to the financial institution the 
18following information:
19  (1) Whether a cannabis business establishment with 
20 which the financial institution is doing or is considering 
21 doing business holds a license under this Act or the 
22 Compassionate Use of Medical Cannabis Pilot Program Act;
23  (2) The name of any other business or individual 
24 affiliate with the cannabis business establishment;
25  (3) A copy of the application, and any supporting 
 
 
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1 documentation submitted with the application, for a 
2 license or a permit submitted on behalf of the proposed 
3 cannabis business establishment;
4  (4) If applicable, data relating to sales and the 
5 volume of product sold by the cannabis business 
6 establishment;
7  (5) Any past or pending violation by the person of this 
8 Act, the Compassionate Use of Medical Cannabis Pilot 
9 Program Act, or the rules adopted under these Acts where 
10 applicable; and
11  (6) Any penalty imposed upon the person for violating 
12 this Act, the Compassionate Use of Medical Cannabis Pilot 
13 Program Act, or the rules adopted under these Acts.
14 (c) (Blank).
15 (d) (Blank).
16 (e) Information received by a financial institution under 
17this Section is confidential. Except as otherwise required or 
18permitted by this Act, State law or rule, or federal law or 
19regulation, a financial institution may not make the 
20information available to any person other than:
21  (1) the customer to whom the information applies;
22  (2) a trustee, conservator, guardian, personal 
23 representative, or agent of the customer to whom the 
24 information applies; a federal or State regulator when 
25 requested in connection with an examination of the 
26 financial institution or if otherwise necessary for 
 
 
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1 complying with federal or State law;
2  (3) a federal or State regulator when requested in 
3 connection with an examination of the financial 
4 institution or if otherwise necessary for complying with 
5 federal or State law; and
6  (4) a third party performing services for the financial 
7 institution, provided the third party is performing such 
8 services under a written agreement that expressly or by 
9 operation of law prohibits the third party's sharing and 
10 use of such confidential information for any purpose other 
11 than as provided in its agreement to provide services to 
12 the financial institution.

13(Source: P.A. 101-27, eff. 6-25-19.)

14 (410 ILCS 705/55-80)

15 Sec. 55-80. Annual reports. 
16 (a) The Department of Financial and Professional 
17Regulation shall submit to the General Assembly and Governor a 
18report, by September 30 of each year, that does not disclose 
19any information identifying information about cultivation 
20centers, craft growers, infuser organizations, transporting 
21organizations, or dispensing organizations, but does contain, 
22at a minimum, all of the following information for the previous 
23fiscal year:
24  (1) The number of licenses issued to dispensing 
25 organizations by county, or, in counties with greater than 
 
 
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1 3,000,000 residents, by zip code;
2  (2) The total number of dispensing organization owners 
3 that are Social Equity Applicants or minority persons, 
4 women, or persons with disabilities as those terms are 
5 defined in the Business Enterprise for Minorities, Women, 
6 and Persons with Disabilities Act;
7  (3) The total number of revenues received from 
8 dispensing organizations, segregated from revenues 
9 received from dispensing organizations under the 
10 Compassionate Use of Medical Cannabis Pilot Program Act by 
11 county, separated by source of revenue;
12  (4) The total amount of revenue received from 
13 dispensing organizations that share a premises or majority 
14 ownership with a craft grower;
15  (5) The total amount of revenue received from 
16 dispensing organizations that share a premises or majority 
17 ownership with an infuser; and
18  (6) An analysis of revenue generated from taxation, 
19 licensing, and other fees for the State, including 
20 recommendations to change the tax rate applied.
21 (b) The Department of Agriculture shall submit to the 
22General Assembly and Governor a report, by September 30 of each 
23year, that does not disclose any information identifying 
24information about cultivation centers, craft growers, infuser 
25organizations, transporting organizations, or dispensing 
26organizations, but does contain, at a minimum, all of the 
 
 
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1following information for the previous fiscal year:
2  (1) The number of licenses issued to cultivation 
3 centers, craft growers, infusers, and transporters by 
4 license type, and, in counties with more than 3,000,000 
5 residents, by zip code;
6  (2) The total number of cultivation centers, craft 
7 growers, infusers, and transporters by license type that 
8 are Social Equity Applicants or minority persons, women, or 
9 persons with disabilities as those terms are defined in the 
10 Business Enterprise for Minorities, Women, and Persons 
11 with Disabilities Act;
12  (3) The total amount of revenue received from 
13 cultivation centers, craft growers, infusers, and 
14 transporters, separated by license types and source of 
15 revenue;
16  (4) The total amount of revenue received from craft 
17 growers and infusers that share a premises or majority 
18 ownership with a dispensing organization;
19  (5) The total amount of revenue received from craft 
20 growers that share a premises or majority ownership with an 
21 infuser, but do not share a premises or ownership with a 
22 dispensary;
23  (6) The total amount of revenue received from infusers 
24 that share a premises or majority ownership with a craft 
25 grower, but do not share a premises or ownership with a 
26 dispensary;
 
 
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1  (7) The total amount of revenue received from craft 
2 growers that share a premises or majority ownership with a 
3 dispensing organization, but do not share a premises or 
4 ownership with an infuser;
5  (8) The total amount of revenue received from infusers 
6 that share a premises or majority ownership with a 
7 dispensing organization, but do not share a premises or 
8 ownership with a craft grower;
9  (9) The total amount of revenue received from 
10 transporters; and
11  (10) An analysis of revenue generated from taxation, 
12 licensing, and other fees for the State, including 
13 recommendations to change the tax rate applied.
14 (c) The Department of State Police shall submit to the 
15General Assembly and Governor a report, by September 30 of each 
16year that contains, at a minimum, all of the following 
17information for the previous fiscal year: 
18  (1) The effect of regulation and taxation of cannabis 
19 on law enforcement resources;
20  (2) The impact of regulation and taxation of cannabis 
21 on highway and waterway safety and rates of impaired 
22 driving or operating safety and rates of impaired driving, 
23 where impairment was determined based on failure of a field 
24 sobriety test;
25  (3) The available and emerging methods for detecting 
26 the metabolites for delta-9-tetrahydrocannabinol in bodily 
 
 
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1 fluids, including, without limitation, blood and saliva;
2  (4) The effectiveness of current DUI laws and 
3 recommendations for improvements to policy to better 
4 ensure safe highways and fair laws.
5 (d) The Adult Use Cannabis Health Advisory Committee shall 
6submit to the General Assembly and Governor a report, by 
7September 30 of each year, that does not disclose any 
8identifying information about any individuals, but does 
9contain, at a minimum:
10  (1) Self-reported youth cannabis use, as published in 
11 the most recent Illinois Youth Survey available;
12  (2) Self-reported adult cannabis use, as published in 
13 the most recent Behavioral Risk Factor Surveillance Survey 
14 available;
15  (3) Hospital room admissions and hospital utilization 
16 rates caused by cannabis consumption, including the 
17 presence or detection of other drugs;
18  (4) Overdoses of cannabis and poison control data, 
19 including the presence of other drugs that may have 
20 contributed;
21  (5) Incidents of impaired driving caused by the 
22 consumption of cannabis or cannabis products, including 
23 the presence of other drugs or alcohol that may have 
24 contributed to the impaired driving;
25  (6) Prevalence of infants born testing positive for 
26 cannabis or delta-9-tetrahydrocannabinol, including 
 
 
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1 demographic and racial information on which infants are 
2 tested;
3  (7) Public perceptions of use and risk of harm;
4  (8) Revenue collected from cannabis taxation and how 
5 that revenue was used;
6  (9) Cannabis retail licenses granted and locations;
7  (10) Cannabis-related arrests; and
8  (11) The number of individuals completing required bud 
9 tender training.
10 (e) Each agency or committee submitting reports under this 
11Section may consult with one another in the preparation of each 
12report. 

13(Source: P.A. 101-27, eff. 6-25-19.)

14 (410 ILCS 705/55-85)

15 Sec. 55-85. Medical cannabis. 
16 (a) Nothing in this Act shall be construed to limit any 
17privileges or rights of a medical cannabis patient including 
18minor patients, primary caregiver, medical cannabis 
19cultivation center, or medical cannabis dispensing 
20organization under the Compassionate Use of Medical Cannabis 
21Pilot Program Act, and where there is conflict between this Act 
22and the Compassionate Use of Medical Cannabis Pilot Program Act 
23as they relate to medical cannabis patients, the Compassionate 
24Use of Medical Cannabis Pilot Program Act shall prevail.
25 (b) Dispensary locations that obtain an Early Approval 
 
 
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1Adult Use Dispensary Organization License or an Adult Use 
2Dispensary Organization License in accordance with this Act at 
3the same location as a medical cannabis dispensing organization 
4registered under the Compassionate Use of Medical Cannabis 
5Pilot Program Act shall maintain an inventory of medical 
6cannabis and medical cannabis products on a monthly basis that 
7is substantially similar in variety and quantity to the 
8products offered at the dispensary during the 6-month period 
9immediately before the effective date of this Act.
10 (c) Beginning June 30, 2020, the Department of Agriculture 
11shall make a quarterly determination whether inventory 
12requirements established for dispensaries in subsection (b) 
13should be adjusted due to changing patient need.

14(Source: P.A. 101-27, eff. 6-25-19.)

15 (410 ILCS 705/55-95)

16 Sec. 55-95. Conflict of interest. A person is ineligible to 
17apply for, hold, or own financial or voting interest, other 
18than a passive interest in a publicly traded company, in any 
19cannabis business license under this Act during the 2-year 
20period following the effective date of this Act if, on within a 
212-year period from the effective date of this Act, the person 
22or his or her spouse or immediate immediately family member was 
23a member of the General Assembly or a State employee at an 
24agency that regulates cannabis business establishment license 
25holders who participated personally and substantially in the 
 
 
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1award of licenses under this Act. A person who violates this 
2Section shall be guilty under subsection (b) of Section 50-5 of 
3the State Officials and Employees Ethics Act.

4(Source: P.A. 101-27, eff. 6-25-19.)

5 (410 ILCS 705/60-5)

6 Sec. 60-5. Definitions. In this Article:
7 "Cannabis" has the meaning given to that term in Article 1 
8of this Act, except that it does not include cannabis that is 
9subject to tax under the Compassionate Use of Medical Cannabis 
10Pilot Program Act.
11 "Craft grower" has the meaning given to that term in 
12Article 1 of this Act.
13 "Cultivation center" has the meaning given to that term in 
14Article 1 of this Act.
15 "Cultivator" or "taxpayer" means a cultivation center or 
16craft grower who is subject to tax under this Article.
17 "Department" means the Department of Revenue.
18 "Director" means the Director of Revenue.
19 "Dispensing organization" or "dispensary" has the meaning 
20given to that term in Article 1 of this Act.
21 "Gross receipts" from the sales of cannabis by a cultivator 
22means the total selling price or the amount of such sales, as 
23defined in this Article. In the case of charges and time sales, 
24the amount thereof shall be included only when payments are 
25received by the cultivator.
 
 
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1 "Person" means a natural individual, firm, partnership, 
2association, joint stock company, joint adventure, public or 
3private corporation, limited liability company, or a receiver, 
4executor, trustee, guardian, or other representative appointed 
5by order of any court.
6 "Infuser" means "infuser organization" or "infuser" as 
7defined in Article 1 of this Act.
8 "Selling price" or "amount of sale" means the consideration 
9for a sale valued in money whether received in money or 
10otherwise, including cash, credits, property, and services, 
11and shall be determined without any deduction on account of the 
12cost of the property sold, the cost of materials used, labor or 
13service cost, or any other expense whatsoever, but does not 
14include separately stated charges identified on the invoice by 
15cultivators to reimburse themselves for their tax liability 
16under this Article.

17(Source: P.A. 101-27, eff. 6-25-19.)

18 (410 ILCS 705/60-20)

19 Sec. 60-20. Return and payment of cannabis cultivation 
20privilege tax. Each person who is required to pay the tax 
21imposed by this Article shall make a return to the Department 
22on or before the 20th day of each month for the preceding 
23calendar month stating the following: 
24  (1) the taxpayer's name;
25  (2) the address of the taxpayer's principal place of 
 
 
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1 business and the address of the principal place of business 
2 (if that is a different address) from which the taxpayer is 
3 engaged in the business of cultivating cannabis subject to 
4 tax under this Article;
5  (3) the total amount of receipts received by the 
6 taxpayer during the preceding calendar month from sales of 
7 cannabis subject to tax under this Article by the taxpayer 
8 during the preceding calendar month;
9  (4) the total amount received by the taxpayer during 
10 the preceding calendar month on charge and time sales of 
11 cannabis subject to tax imposed under this Article by the 
12 taxpayer before the month for which the return is filed;
13  (5) deductions allowed by law;
14  (6) gross receipts that were received by the taxpayer 
15 during the preceding calendar month and upon the basis of 
16 which the tax is imposed;
17  (7) the amount of tax due;
18  (8) the signature of the taxpayer; and
19  (9) any other information as the Department may 
20 reasonably require.
21 All returns required to be filed and payments required to 
22be made under this Article shall be by electronic means. 
23Taxpayers who demonstrate hardship in paying electronically 
24may petition the Department to waive the electronic payment 
25requirement. The Department may require a separate return for 
26the tax under this Article or combine the return for the tax 
 
 
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1under this Article with the return for the tax under the 
2Compassionate Use of Medical Cannabis Pilot Program Act. If the 
3return for the tax under this Article is combined with the 
4return for tax under the Compassionate Use of Medical Cannabis 
5Pilot Program Act, then the vendor's discount allowed under 
6this Section and any cap on that discount shall apply to the 
7combined return. The taxpayer making the return provided for in 
8this Section shall also pay to the Department, in accordance 
9with this Section, the amount of tax imposed by this Article, 
10less a discount of 1.75%, but not to exceed $1,000 per return 
11period, which is allowed to reimburse the taxpayer for the 
12expenses incurred in keeping records, collecting tax, 
13preparing and filing returns, remitting the tax, and supplying 
14data to the Department upon request. No discount may be claimed 
15by a taxpayer on returns not timely filed and for taxes not 
16timely remitted. No discount may be claimed by a taxpayer for 
17any return that is not filed electronically. No discount may be 
18claimed by a taxpayer for any payment that is not made 
19electronically, unless a waiver has been granted under this 
20Section. Any amount that is required to be shown or reported on 
21any return or other document under this Article shall, if the 
22amount is not a whole-dollar amount, be increased to the 
23nearest whole-dollar amount if the fractional part of a dollar 
24is $0.50 or more and decreased to the nearest whole-dollar 
25amount if the fractional part of a dollar is less than $0.50. 
26If a total amount of less than $1 is payable, refundable, or 
 
 
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1creditable, the amount shall be disregarded if it is less than 
2$0.50 and shall be increased to $1 if it is $0.50 or more. 
3Notwithstanding any other provision of this Article concerning 
4the time within which a taxpayer may file a return, any such 
5taxpayer who ceases to engage in the kind of business that 
6makes the person responsible for filing returns under this 
7Article shall file a final return under this Article with the 
8Department within one month after discontinuing such business.
9 Each taxpayer under this Article shall make estimated 
10payments to the Department on or before the 7th, 15th, 22nd, 
11and last day of the month during which tax liability to the 
12Department is incurred. The payments shall be in an amount not 
13less than the lower of either 22.5% of the taxpayer's actual 
14tax liability for the month or 25% of the taxpayer's actual tax 
15liability for the same calendar month of the preceding year. 
16The amount of the quarter-monthly payments shall be credited 
17against the final tax liability of the taxpayer's return for 
18that month. If any quarter-monthly payment is not paid at the 
19time or in the amount required by this Section, then the 
20taxpayer shall be liable for penalties and interest on the 
21difference between the minimum amount due as a payment and the 
22amount of the quarter-monthly payment actually and timely paid, 
23except insofar as the taxpayer has previously made payments for 
24that month to the Department in excess of the minimum payments 
25previously due as provided in this Section. 
26 If any payment provided for in this Section exceeds the 
 
 
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1taxpayer's liabilities under this Article, as shown on an 
2original monthly return, the Department shall, if requested by 
3the taxpayer, issue to the taxpayer a credit memorandum no 
4later than 30 days after the date of payment. The credit 
5evidenced by the credit memorandum may be assigned by the 
6taxpayer to a similar taxpayer under this Act, in accordance 
7with reasonable rules to be prescribed by the Department. If no 
8such request is made, the taxpayer may credit the excess 
9payment against tax liability subsequently to be remitted to 
10the Department under this Act, in accordance with reasonable 
11rules prescribed by the Department. If the Department 
12subsequently determines that all or any part of the credit 
13taken was not actually due to the taxpayer, the taxpayer's 
14discount shall be reduced, if necessary, to reflect the 
15difference between the credit taken and that actually due, and 
16that taxpayer shall be liable for penalties and interest on the 
17difference.
18 If a taxpayer fails to sign a return within 30 days after 
19the proper notice and demand for signature by the Department is 
20received by the taxpayer, the return shall be considered valid 
21and any amount shown to be due on the return shall be deemed 
22assessed.

23(Source: P.A. 101-27, eff. 6-25-19.)

24 (410 ILCS 705/65-5)

25 Sec. 65-5. Definitions. In this Article:
 
 
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1 "Adjusted delta-9-tetrahydrocannabinol level" means, for a 
2delta-9-tetrahydrocannabinol dominant product, the sum of the 
3percentage of delta-9-tetrahydrocannabinol plus .877 
4multiplied by the percentage of tetrahydrocannabinolic acid.
5 "Cannabis" has the meaning given to that term in Article 1 
6of this Act, except that it does not include cannabis that is 
7subject to tax under the Compassionate Use of Medical Cannabis 
8Pilot Program Act.
9 "Cannabis-infused product" means beverage food, oils, 
10ointments, tincture, topical formulation, or another product 
11containing cannabis that is not intended to be smoked.
12 "Cannabis retailer" means a dispensing organization that 
13sells cannabis for use and not for resale.
14 "Craft grower" has the meaning given to that term in 
15Article 1 of this Act.
16 "Department" means the Department of Revenue.
17 "Director" means the Director of Revenue.
18 "Dispensing organization" or "dispensary" has the meaning 
19given to that term in Article 1 of this Act.
20 "Person" means a natural individual, firm, partnership, 
21association, joint stock company, joint adventure, public or 
22private corporation, limited liability company, or a receiver, 
23executor, trustee, guardian, or other representative appointed 
24by order of any court.
25 "Infuser organization" or "infuser" means a facility 
26operated by an organization or business that is licensed by the 
 
 
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1Department of Agriculture to directly incorporate cannabis or 
2cannabis concentrate into a product formulation to produce a 
3cannabis-infused product. 
4 "Purchase price" means the consideration paid for a 
5purchase of cannabis, valued in money, whether received in 
6money or otherwise, including cash, gift cards, credits, and 
7property and shall be determined without any deduction on 
8account of the cost of materials used, labor or service costs, 
9or any other expense whatsoever. However, "purchase price" does 
10not include consideration paid for:
11  (1) any charge for a payment that is not honored by a 
12 financial institution;
13  (2) any finance or credit charge, penalty or charge for 
14 delayed payment, or discount for prompt payment; and
15  (3) any amounts added to a purchaser's bill because of 
16 charges made under the tax imposed by this Article, the 
17 Municipal Cannabis Retailers' Occupation Tax Law, the 
18 County Cannabis Retailers' Occupation Tax Law, the 
19 Retailers' Occupation Tax Act, the Use Tax Act, the Service 
20 Occupation Tax Act, the Service Use Tax Act, or any locally 
21 imposed occupation or use tax.
22 "Purchaser" means a person who acquires cannabis for a 
23valuable consideration.
24 "Taxpayer" means a cannabis retailer who is required to 
25collect the tax imposed under this Article.

26(Source: P.A. 101-27, eff. 6-25-19.)

 
 
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1 (410 ILCS 705/65-10)

2 Sec. 65-10. Tax imposed. 
3 (a) Beginning January 1, 2020, a tax is imposed upon 
4purchasers for the privilege of using cannabis at the following 
5rates:
6  (1) Any cannabis, other than a cannabis-infused 
7 product, with an adjusted delta-9-tetrahydrocannabinol 
8 level at or below 35% shall be taxed at a rate of 10% of the 
9 purchase price; 
10  (2) Any cannabis, other than a cannabis-infused 
11 product, with an adjusted delta-9-tetrahydrocannabinol 
12 level above 35% shall be taxed at a rate of 25% of the 
13 purchase price; and 
14  (3) A cannabis-infused product shall be taxed at a rate 
15 of 20% of the purchase price.
16 (b) The purchase of any product that contains any amount of 
17cannabis or any derivative thereof is subject to the tax under 
18subsection (a) of this Section on the full purchase price of 
19the product.
20 (c) The tax imposed under this Section is not imposed on 
21cannabis that is subject to tax under the Compassionate Use of 
22Medical Cannabis Pilot Program Act. The tax imposed by this 
23Section is not imposed with respect to any transaction in 
24interstate commerce, to the extent the transaction may not, 
25under the Constitution and statutes of the United States, be 
 
 
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1made the subject of taxation by this State.
2 (d) The tax imposed under this Article shall be in addition 
3to all other occupation, privilege, or excise taxes imposed by 
4the State of Illinois or by any municipal corporation or 
5political subdivision thereof.
6 (e) The tax imposed under this Article shall not be imposed 
7on any purchase by a purchaser if the cannabis retailer is 
8prohibited by federal or State Constitution, treaty, 
9convention, statute, or court decision from collecting the tax 
10from the purchaser.

11(Source: P.A. 101-27, eff. 6-25-19.)

12 (410 ILCS 705/65-15)

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

19(Source: P.A. 101-27, eff. 6-25-19.)

20 Section 30. The Illinois Vehicle Code is amended by 
21changing Sections 2-118.2, 6-206.1, and 11-501.10 as follows:

22 (625 ILCS 5/2-118.2)
23 Sec. 2-118.2. Opportunity for hearing; cannabis-related 
24suspension under Section 11-501.9.
 
 
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1 (a) A suspension of driving privileges under Section 
211-501.9 of this Code shall not become effective until the 
3person is notified in writing of the impending suspension and 
4informed that he or she may request a hearing in the circuit 
5court of venue under subsection (b) of this Section and the 
6suspension shall become effective as provided in Section 
711-501.9.
8 (b) Within 90 days after the notice of suspension served 
9under Section 11-501.9, the person may make a written request 
10for a judicial hearing in the circuit court of venue. The 
11request to the circuit court shall state the grounds upon which 
12the person seeks to have the suspension rescinded. Within 30 
13days after receipt of the written request or the first 
14appearance date on the Uniform Traffic Ticket issued for a 
15violation of Section 11-501 of this Code, or a similar 
16provision of a local ordinance, the hearing shall be conducted 
17by the circuit court having jurisdiction. This judicial 
18hearing, request, or process shall not stay or delay the 
19suspension. The hearing shall proceed in the court in the same 
20manner as in other civil proceedings.
21 The hearing may be conducted upon a review of the law 
22enforcement officer's own official reports; provided however, 
23that the person may subpoena the officer. Failure of the 
24officer to answer the subpoena shall be considered grounds for 
25a continuance if in the court's discretion the continuance is 
26appropriate.
 
 
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1 The scope of the hearing shall be limited to the issues of:
2  (1) Whether the officer had reasonable suspicion to 
3 believe that the person was driving or in actual physical 
4 control of a motor vehicle upon a highway while impaired by 
5 the use of cannabis; and
6  (2) Whether the person, after being advised by the 
7 officer that the privilege to operate a motor vehicle would 
8 be suspended if the person refused to submit to and 
9 complete the field sobriety tests or validated roadside 
10 chemical tests, did refuse to submit to or complete the 
11 field sobriety tests or validated roadside chemical tests 
12 authorized under Section 11-501.9; and
13  (3) Whether the person after being advised by the 
14 officer that the privilege to operate a motor vehicle would 
15 be suspended if the person submitted to field sobriety 
16 tests or validated roadside chemical tests that disclosed 
17 the person was impaired by the use of cannabis, did submit 
18 to field sobriety tests or validated roadside chemical 
19 tests that disclosed that the person was impaired by the 
20 use of cannabis.
21 Upon the conclusion of the judicial hearing, the circuit 
22court shall sustain or rescind the suspension and immediately 
23notify the Secretary of State. Reports received by the 
24Secretary of State under this Section shall be privileged 
25information and for use only by the courts, police officers, 
26and Secretary of State. 

 
 
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1(Source: P.A. 101-27, eff. 6-25-19; 101-363, eff. 8-9-19.)

2 (625 ILCS 5/6-206.1) (from Ch. 95 1/2, par. 6-206.1)
3 Sec. 6-206.1. Monitoring Device Driving Permit. 
4Declaration of Policy. It is hereby declared a policy of the

5State of Illinois that the driver who is impaired by alcohol, 
6other drug or
drugs, or intoxicating compound or compounds is a

7threat to the public safety and welfare. Therefore, to
provide 
8a deterrent to such practice, a statutory summary driver's 
9license suspension is appropriate.
It is also recognized that 
10driving is a privilege and therefore, that the granting of 
11driving privileges, in a manner consistent with public
safety, 
12is warranted during the period of suspension in the form of a 
13monitoring device driving permit. A person who drives and fails 
14to comply with the requirements of the monitoring device 
15driving permit commits a violation of Section 6-303 of this 
16Code. 
17 The following procedures shall apply whenever
a first 
18offender, as defined in Section 11-500 of this Code, is 
19arrested for any offense as defined in Section 11-501
or a 
20similar provision of a local ordinance and is subject to the 
21provisions of Section 11-501.1:
22 (a) Upon mailing of the notice of suspension of driving 
23privileges as provided in subsection (h) of Section 11-501.1 of 
24this Code, the Secretary shall also send written notice 
25informing the person that he or she will be issued a monitoring 
 
 
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1device driving permit (MDDP). The notice shall include, at 
2minimum, information summarizing the procedure to be followed 
3for issuance of the MDDP, installation of the breath alcohol 
4ignition installation device (BAIID), as provided in this 
5Section, exemption from BAIID installation requirements, and 
6procedures to be followed by those seeking indigent status, as 
7provided in this Section. The notice shall also include 
8information summarizing the procedure to be followed if the 
9person wishes to decline issuance of the MDDP. A copy of the 
10notice shall also be sent to the court of venue together with 
11the notice of suspension of driving privileges, as provided in 
12subsection (h) of Section 11-501. However, a MDDP shall not be 
13issued if the Secretary finds that:

14  (1) the offender's driver's license is otherwise 
15 invalid;
16  (2) death or great bodily harm to another resulted from 
17 the arrest for Section 11-501;
18  (3) the offender has been previously convicted of 
19 reckless homicide or aggravated driving under the 
20 influence involving death; or
21  (4) the offender is less than 18 years of age. ; or 
22  (5) the offender is a qualifying patient licensed under 
23 the Compassionate Use of Medical Cannabis Program Act who 
24 is in possession of a valid registry card issued under that 
25 Act and refused to submit to standardized field sobriety 
26 tests as required by subsection (a) of Section 11-501.9 or 
 
 
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1 did submit to testing which disclosed the person was 
2 impaired by the use of cannabis.
3 Any offender participating in the MDDP program must pay the 
4Secretary a MDDP Administration Fee in an amount not to exceed 
5$30 per month, to be deposited into the Monitoring Device 
6Driving Permit Administration Fee Fund. The Secretary shall 
7establish by rule the amount and the procedures, terms, and 
8conditions relating to these fees. The offender must have an 
9ignition interlock device installed within 14 days of the date 
10the Secretary issues the MDDP. The ignition interlock device 
11provider must notify the Secretary, in a manner and form 
12prescribed by the Secretary, of the installation. If the 
13Secretary does not receive notice of installation, the 
14Secretary shall cancel the MDDP.

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

26 (a-3) Persons who are issued a MDDP and who must drive a 
 
 
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1farm tractor to and from a farm, within 50 air miles from the 
2originating farm are exempt from installation of a BAIID on the 
3farm tractor, so long as the farm tractor is being used for the 
4exclusive purpose of conducting farm operations. 
5 (b) (Blank).
6 (c) (Blank).

7 (c-1) If the holder of the MDDP is convicted of or receives 
8court supervision for a violation of Section 6-206.2, 6-303, 
911-204, 11-204.1, 11-401, 11-501, 11-503, 11-506 or a similar 
10provision of a local ordinance or a similar out-of-state 
11offense or is convicted of or receives court supervision for 
12any offense for which alcohol or drugs is an element of the 
13offense and in which a motor vehicle was involved (for an 
14arrest other than the one for which the MDDP is issued), or 
15de-installs the BAIID without prior authorization from the 
16Secretary, the MDDP shall be cancelled.
17 (c-5) If the Secretary determines that the person seeking 
18the MDDP is indigent, the Secretary shall provide the person 
19with a written document as evidence of that determination, and 
20the person shall provide that written document to an ignition 
21interlock device provider. The provider shall install an 
22ignition interlock device on that person's vehicle without 
23charge to the person, and seek reimbursement from the Indigent 
24BAIID Fund.
If the Secretary has deemed an offender indigent, 
25the BAIID provider shall also provide the normal monthly 
26monitoring services and the de-installation without charge to 
 
 
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1the offender and seek reimbursement from the Indigent BAIID 
2Fund. Any other monetary charges, such as a lockout fee or 
3reset fee, shall be the responsibility of the MDDP holder. A 
4BAIID provider may not seek a security deposit from the 
5Indigent BAIID Fund. 
6 (d) MDDP information
shall be available only to the courts, 
7police officers, and the Secretary, except during the actual 
8period the MDDP is valid, during which
time it shall be a 
9public record.
10 (e) (Blank).
11 (f) (Blank).
12 (g) The Secretary shall adopt rules for implementing this 
13Section. The rules adopted shall address issues including, but 
14not limited to: compliance with the requirements of the MDDP; 
15methods for determining compliance with those requirements; 
16the consequences of noncompliance with those requirements; 
17what constitutes a violation of the MDDP; methods for 
18determining indigency; and the duties of a person or entity 
19that supplies the ignition interlock device.
20 (h) The rules adopted under subsection (g) shall provide, 
21at a minimum, that the person is not in compliance with the 
22requirements of the MDDP if he or she:
23  (1) tampers or attempts to tamper with or circumvent 
24 the proper operation of the ignition interlock device;
25  (2) provides valid breath samples that register blood 
26 alcohol levels in excess of the number of times allowed 
 
 
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1 under the rules;
2  (3) fails to provide evidence sufficient to satisfy the 
3 Secretary that the ignition interlock device has been 
4 installed in the designated vehicle or vehicles; or
5  (4) fails to follow any other applicable rules adopted 
6 by the Secretary.
7 (i) Any person or entity that supplies an ignition 
8interlock device as provided under this Section shall, in 
9addition to supplying only those devices which fully comply 
10with all the rules adopted under subsection (g), provide the 
11Secretary, within 7 days of inspection, all monitoring reports 
12of each person who has had an ignition interlock device 
13installed. These reports shall be furnished in a manner or form 
14as prescribed by the Secretary.
15 (j) Upon making a determination that a violation of the 
16requirements of the MDDP has occurred, the Secretary shall 
17extend the summary suspension period for an additional 3 months 
18beyond the originally imposed summary suspension period, 
19during which time the person shall only be allowed to drive 
20vehicles equipped with an ignition interlock device; provided 
21further there are no limitations on the total number of times 
22the summary suspension may be extended. The Secretary may, 
23however, limit the number of extensions imposed for violations 
24occurring during any one monitoring period, as set forth by 
25rule. Any person whose summary suspension is extended pursuant 
26to this Section shall have the right to contest the extension 
 
 
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1through a hearing with the Secretary, pursuant to Section 2-118 
2of this Code. If the summary suspension has already terminated 
3prior to the Secretary receiving the monitoring report that 
4shows a violation, the Secretary shall be authorized to suspend 
5the person's driving privileges for 3 months, provided that the 
6Secretary may, by rule, limit the number of suspensions to be 
7entered pursuant to this paragraph for violations occurring 
8during any one monitoring period. Any person whose license is 
9suspended pursuant to this paragraph, after the summary 
10suspension had already terminated, shall have the right to 
11contest the suspension through a hearing with the Secretary, 
12pursuant to Section 2-118 of this Code. The only permit the 
13person shall be eligible for during this new suspension period 
14is a MDDP.
15 (k) A person who has had his or her summary suspension 
16extended for the third time, or has any combination of 3 
17extensions and new suspensions, entered as a result of a 
18violation that occurred while holding the MDDP, so long as the 
19extensions and new suspensions relate to the same summary 
20suspension, shall have his or her vehicle impounded for a 
21period of 30 days, at the person's own expense. A person who 
22has his or her summary suspension extended for the fourth time, 
23or has any combination of 4 extensions and new suspensions, 
24entered as a result of a violation that occurred while holding 
25the MDDP, so long as the extensions and new suspensions relate 
26to the same summary suspension, shall have his or her vehicle 
 
 
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1subject to seizure and forfeiture. The Secretary shall notify 
2the prosecuting authority of any third or fourth extensions or 
3new suspension entered as a result of a violation that occurred 
4while the person held a MDDP. Upon receipt of the notification, 
5the prosecuting authority shall impound or forfeit the vehicle. 
6The impoundment or forfeiture of a vehicle shall be conducted 
7pursuant to the procedure specified in Article 36 of the 
8Criminal Code of 2012.
9 (l) A person whose driving privileges have been suspended 
10under Section 11-501.1 of this Code and who had a MDDP that was 
11cancelled, or would have been cancelled had notification of a 
12violation been received prior to expiration of the MDDP, 
13pursuant to subsection (c-1) of this Section, shall not be 
14eligible for reinstatement when the summary suspension is 
15scheduled to terminate. Instead, the person's driving 
16privileges shall be suspended for a period of not less than 
17twice the original summary suspension period, or for the length 
18of any extensions entered under subsection (j), whichever is 
19longer. During the period of suspension, the person shall be 
20eligible only to apply for a restricted driving permit. If a 
21restricted driving permit is granted, the offender may only 
22operate vehicles equipped with a BAIID in accordance with this 
23Section.
24 (m) Any person or entity that supplies an ignition 
25interlock device under this Section shall, for each ignition 
26interlock device installed, pay 5% of the total gross revenue 
 
 
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1received for the device, including monthly monitoring fees, 
2into the Indigent BAIID Fund. This 5% shall be clearly 
3indicated as a separate surcharge on each invoice that is 
4issued. The Secretary shall conduct an annual review of the 
5fund to determine whether the surcharge is sufficient to 
6provide for indigent users. The Secretary may increase or 
7decrease this surcharge requirement as needed.
8 (n) Any person or entity that supplies an ignition 
9interlock device under this Section that is requested to 
10provide an ignition interlock device to a person who presents 
11written documentation of indigency from the Secretary, as 
12provided in subsection (c-5) of this Section, shall install the 
13device on the person's vehicle without charge to the person and 
14shall seek reimbursement from the Indigent BAIID Fund.
15 (o) The Indigent BAIID Fund is created as a special fund in 
16the State treasury. The Secretary shall, subject to 
17appropriation by the General Assembly, use all money in the 
18Indigent BAIID Fund to reimburse ignition interlock device 
19providers who have installed devices in vehicles of indigent 
20persons. The Secretary shall make payments to such providers 
21every 3 months. If the amount of money in the fund at the time 
22payments are made is not sufficient to pay all requests for 
23reimbursement submitted during that 3 month period, the 
24Secretary shall make payments on a pro-rata basis, and those 
25payments shall be considered payment in full for the requests 
26submitted.
 
 
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1 (p) The Monitoring Device Driving Permit Administration 
2Fee Fund is created as a special fund in the State treasury. 
3The Secretary shall, subject to appropriation by the General 
4Assembly, use the money paid into this fund to offset its 
5administrative costs for administering MDDPs.

6 (q) The Secretary is authorized to prescribe such forms as 
7it deems necessary to carry out the provisions of this Section. 
8(Source: P.A. 101-363, eff. 8-9-19.)

9 (625 ILCS 5/11-501.10)
10 (Section scheduled to be repealed on July 1, 2021)
11 Sec. 11-501.10. DUI Cannabis Task Force.
12 (a) The DUI Cannabis Task Force is hereby created to study 
13the issue of driving under the influence of cannabis. The Task 
14Force shall consist of the following members:
15  (1) The Director of State Police, or his or her 
16 designee, who shall serve as chair;
17  (2) The Secretary of State, or his or her designee;
18  (3) The President of the Illinois State's Attorneys 
19 Association, or his or her designee;
20  (4) The President of the Illinois Association of 
21 Criminal Defense Lawyers, or his or her designee;
22  (5) One member appointed by the Speaker of the House of 
23 Representatives;
24  (6) One member appointed by the Minority Leader of the 
25 House of Representatives;
 
 
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1  (7) One member appointed by the President of the 
2 Senate;
3  (8) One member appointed by the Minority Leader of the 
4 Senate;
5  (9) One member of an organization dedicated to end 
6 drunk driving and drugged driving;
7  (10) The president of a statewide bar association, 
8 appointed by the Governor; and
9  (11) One member of a statewide organization 
10 representing civil and constitutional rights, appointed by 
11 the Governor; 
12  (12) One member of a statewide association 
13 representing chiefs of police, appointed by the Governor; 
14 and
15  (13) One member of a statewide association 
16 representing sheriffs, appointed by the Governor.
17 (b) The members of the Task Force shall serve without 
18compensation.
19 (c) The Task Force shall examine best practices in the area 
20of driving under the influence of cannabis enforcement, 
21including examining emerging technology in roadside testing.
22 (d) The Task Force shall meet no fewer than 3 times and 
23shall present its report and recommendations on improvements to 
24enforcement of driving under the influence of cannabis, in 
25electronic format, to the Governor and the General Assembly no 
26later than July 1, 2020.
 
 
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1 (e) The Department of State Police shall provide 
2administrative support to the Task Force as needed. The 
3Sentencing Policy Advisory Council shall provide data on 
4driving under the influence of cannabis offenses and other data 
5to the Task Force as needed.
6 (f) This Section is repealed on July 1, 2021.

7(Source: P.A. 101-27, eff. 6-25-19.)

8 Section 35. The Cannabis Control Act is amended by changing 
9Sections 3, 4, 5, 5.1, and 8 as follows:




10 (720 ILCS 550/3) (from Ch. 56 1/2, par. 703)



11 Sec. 3. As used in this Act, unless the context otherwise 
12requires: 

13 (a) "Cannabis" includes marihuana, hashish and other 
14substances which
are identified as including any parts of the 
15plant Cannabis Sativa, whether
growing or not; the seeds 
16thereof, the resin extracted from any part of
such plant; and 
17any compound, manufacture, salt, derivative, mixture, or

18preparation of such plant, its seeds, or resin, including 
19tetrahydrocannabinol
(THC) and all other cannabinol 
20derivatives, including its naturally occurring
or 
21synthetically produced ingredients, whether produced directly 
22or indirectly
by extraction, or independently by means of 
23chemical synthesis or by a
combination
of extraction and 
24chemical synthesis; but shall not include the mature stalks
of 
 
 
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1such plant, fiber produced from such stalks, oil or cake made 
2from the
seeds of such plant, any other compound, manufacture, 
3salt, derivative,
mixture, or preparation of such mature stalks 
4(except the resin extracted
therefrom), fiber, oil or cake, or 
5the sterilized seed of such plant which
is incapable of 
6germination. "Cannabis" does not include industrial hemp as 
7defined and authorized under the Industrial Hemp Act. 

8 (b) "Casual delivery" means the delivery of not more than 
910 grams of
any substance containing cannabis without 
10consideration.

11 (c) "Department" means the Illinois Department of Human 
12Services (as
successor to the Department of Alcoholism and 
13Substance Abuse) or its successor agency.

14 (d) "Deliver" or "delivery" means the actual, constructive 
15or attempted
transfer of possession of cannabis, with or 
16without consideration, whether
or not there is an agency 
17relationship.

18 (e) "Department of State Police" means the Department
of 
19State Police of the State of Illinois or its successor agency.

20 (f) "Director" means the Director of the Department of 
21State Police
or his designated agent.

22 (g) "Local authorities" means a duly organized State, 
23county, or municipal
peace unit or police force.

24 (h) "Manufacture" means the production, preparation, 
25propagation,
compounding,
conversion or processing of 
26cannabis, either directly or indirectly, by
extraction from 
 
 
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1substances of natural origin, or independently by means
of 
2chemical synthesis, or by a combination of extraction and 
3chemical
synthesis,
and includes any packaging or repackaging 
4of cannabis or labeling of its
container, except that this term 
5does not include the preparation, compounding,
packaging, or 
6labeling of cannabis as an incident to lawful research, 
7teaching,
or chemical analysis and not for sale.

8 (i) "Person" means any individual, corporation, government 
9or governmental
subdivision or agency, business trust, estate, 
10trust, partnership or association,
or any other entity.

11 (j) "Produce" or "production" means planting, cultivating, 
12tending or harvesting.

13 (k) "State" includes the State of Illinois and any state, 
14district, commonwealth,
territory, insular possession thereof, 
15and any area subject to the legal
authority of the United 
16States of America.

17 (l) "Subsequent offense" means an offense under this Act, 
18the offender
of which, prior to his conviction of the offense, 
19has at any time been convicted
under this Act or under any laws 
20of the United States or of any state relating
to cannabis, or 
21any controlled substance as defined in the Illinois Controlled

22Substances Act.

23(Source: P.A. 100-1091, eff. 8-26-18.)





24 (720 ILCS 550/4) (from Ch. 56 1/2, par. 704)



25 Sec. 4. Except as otherwise provided in the Cannabis 
 
 
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1Regulation and Tax Act and the Industrial Hemp Act, it is 
2unlawful for any person knowingly to possess cannabis.
3 Any person
who violates this Section with respect to:

4  (a) not more than 10 grams of any substance containing 
5 cannabis is
guilty of a civil law violation punishable by a 
6 minimum fine of $100 and a maximum fine of $200. The 
7 proceeds of the fine shall be payable to the clerk of the 
8 circuit court. Within 30 days after the deposit of the 
9 fine, the clerk shall distribute the proceeds of the fine 
10 as follows:
11   (1) $10 of the fine to the circuit clerk and $10 of 
12 the fine to the law enforcement agency that issued the 
13 citation; the proceeds of each $10 fine distributed to 
14 the circuit clerk and each $10 fine distributed to the 
15 law enforcement agency that issued the citation for the 
16 violation shall be used to defer the cost of automatic 
17 expungements under paragraph (2.5) of subsection (a) 
18 of Section 5.2 of the Criminal Identification Act;
19   (2) $15 to the county to fund drug addiction 
20 services;
21   (3) $10 to the Office of the State's Attorneys 
22 Appellate Prosecutor for use in training programs;
23   (4) $10 to the State's Attorney; and
24   (5) any remainder of the fine to the law 
25 enforcement agency that issued the citation for the 
26 violation.
 
 
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1  With respect to funds designated for the Department of 
2 State Police, the moneys shall be remitted by the circuit 
3 court clerk to the Department of State Police within one 
4 month after receipt for deposit into the State Police 
5 Operations Assistance Fund. With respect to funds 
6 designated for the Department of Natural Resources, the 
7 Department of Natural Resources shall deposit the moneys 
8 into the Conservation Police Operations Assistance Fund;

9  (b) more than 10 grams but not more than 30 grams of 
10 any substance
containing cannabis is guilty of a Class B 
11 misdemeanor;

12  (c) more than 30 grams but not more than 100 grams of 
13 any substance
containing cannabis is guilty of a Class A 
14 misdemeanor; provided, that if
any offense under this 
15 subsection (c) is a subsequent offense, the offender
shall 
16 be guilty of a Class 4 felony;

17  (d) more than 100 grams but not more than 500 grams of 
18 any substance
containing cannabis is guilty of a Class 4 
19 felony; provided that if any
offense under this subsection 
20 (d) is a subsequent offense, the offender
shall be guilty 
21 of a Class 3 felony;

22  (e) more than 500 grams but not more than 2,000 grams 
23 of any substance
containing cannabis is guilty
of a Class 3 
24 felony;

25  (f) more than 2,000 grams but not more than 5,000 grams 
26 of any
substance containing cannabis is guilty of a Class 2 
 
 
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1 felony;

2  (g) more than 5,000 grams of any substance containing 
3 cannabis is guilty
of a Class 1 felony.

4(Source: P.A. 101-27, eff. 6-25-19.)





5 (720 ILCS 550/5) (from Ch. 56 1/2, par. 705)



6 Sec. 5. 
Except as otherwise provided in the Cannabis 
7Regulation and Tax Act and the Industrial Hemp Act, it is 
8unlawful for any person knowingly to manufacture, deliver, or

9possess with intent to deliver, or manufacture, cannabis. Any 
10person who
violates this Section with respect to:

11  (a) not more than 2.5 grams of any substance containing 
12 cannabis is
guilty of a Class B misdemeanor;

13  (b) more than 2.5 grams but not more than 10 grams of 
14 any substance
containing cannabis is guilty of a Class A 
15 misdemeanor;

16  (c) more than 10 grams but not more than 30 grams of 
17 any substance
containing cannabis is guilty of a Class 4 
18 felony;

19  (d) more than 30 grams but not more than 500 grams of 
20 any substance
containing cannabis is guilty of a Class 3 
21 felony for which a fine not
to exceed $50,000 may be 
22 imposed;

23  (e) more than 500 grams but not more than 2,000 grams 
24 of any substance
containing cannabis is guilty
of a Class 2 
25 felony for which a fine not to exceed $100,000 may be

 
 
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1 imposed;

2  (f) more than 2,000 grams but not more than 5,000 grams 
3 of any
substance containing cannabis is guilty of a Class 1 
4 felony for which a
fine not to exceed $150,000 may be 
5 imposed;

6  (g) more than 5,000 grams of any substance containing 
7 cannabis is guilty
of a Class X felony for which a fine not 
8 to exceed $200,000 may be imposed.

9(Source: P.A. 101-27, eff. 6-25-19.)





10 (720 ILCS 550/5.1) (from Ch. 56 1/2, par. 705.1)



11 Sec. 5.1. Cannabis trafficking. 
12 (a) Except for purposes authorized by
this Act, the 
13Industrial Hemp Act, or the Cannabis Regulation and Tax Act, 
14any person who knowingly brings or causes to be brought into 
15this
State for the purpose of manufacture or delivery or with 
16the intent to
manufacture or deliver 2,500 grams or more of 
17cannabis in this State or any
other state or country is guilty 
18of cannabis trafficking.

19 (b) A person convicted of cannabis trafficking shall be 
20sentenced to a
term of imprisonment not less than twice the 
21minimum term and fined an
amount as authorized by subsection 
22(f) or (g) of Section 5 of this
Act, based upon
the amount of 
23cannabis brought or caused to be brought into this State, and

24not more than twice the maximum term of imprisonment and fined 
25twice the
amount as authorized by subsection (f) or (g) of 
 
 
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1Section 5 of this
Act, based upon the amount
of cannabis 
2brought or caused to be brought into this State.

3(Source: P.A. 101-27, eff. 6-25-19.)




4 (720 ILCS 550/8) (from Ch. 56 1/2, par. 708)



5 Sec. 8. Except as otherwise provided in the Cannabis 
6Regulation and Tax Act and the Industrial Hemp Act, it is 
7unlawful for any person knowingly to produce the Cannabis

8sativa plant or to possess such plants unless production or 
9possession
has been authorized pursuant to the provisions of 
10Section 11 or 15.2 of the Act.
Any person who violates this 
11Section with respect to production or possession of:

12  (a) Not more than 5 plants is guilty of a civil 
13 violation punishable by a minimum fine of $100 and a 
14 maximum fine of $200. The proceeds of the fine are payable 
15 to the clerk of the circuit court. Within 30 days after the 
16 deposit of the fine, the clerk shall distribute the 
17 proceeds of the fine as follows:
18   (1) $10 of the fine to the circuit clerk and $10 of 
19 the fine to the law enforcement agency that issued the 
20 citation; the proceeds of each $10 fine distributed to 
21 the circuit clerk and each $10 fine distributed to the 
22 law enforcement agency that issued the citation for the 
23 violation shall be used to defer the cost of automatic 
24 expungements under paragraph (2.5) of subsection (a) 
25 of Section 5.2 of the Criminal Identification Act;
 
 
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1   (2) $15 to the county to fund drug addiction 
2 services;
3   (3) $10 to the Office of the State's Attorneys 
4 Appellate Prosecutor for use in training programs;
5   (4) $10 to the State's Attorney; and
6   (5) any remainder of the fine to the law 
7 enforcement agency that issued the citation for the 
8 violation.
9  With respect to funds designated for the Department of 
10 State Police, the moneys shall be remitted by the circuit 
11 court clerk to the Department of State Police within one 
12 month after receipt for deposit into the State Police 
13 Operations Assistance Fund. With respect to funds 
14 designated for the Department of Natural Resources, the 
15 Department of Natural Resources shall deposit the moneys 
16 into the Conservation Police Operations Assistance Fund.

17  (b) More than 5, but not more than 20 plants, is guilty

18 of a Class 4 felony.

19  (c) More than 20, but not more than 50 plants, is

20 guilty of a Class 3 felony.

21  (d) More than 50, but not more than 200 plants, is 
22 guilty of a Class 2 felony for which
a fine not to exceed 
23 $100,000 may be imposed and for which liability for
the 
24 cost of conducting the investigation and eradicating such 
25 plants may be
assessed. Compensation for expenses incurred 
26 in the enforcement of this
provision shall be transmitted 
 
 
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1 to and deposited in the treasurer's office
at the level of 
2 government represented by the Illinois law enforcement

3 agency whose officers or employees conducted the 
4 investigation or caused
the arrest or arrests leading to 
5 the prosecution, to be subsequently made
available to that 
6 law enforcement agency as expendable receipts for use in

7 the enforcement of laws regulating controlled substances 
8 and cannabis. If
such seizure was made by a combination of 
9 law enforcement personnel
representing different levels of 
10 government, the court levying the
assessment shall 
11 determine the allocation of such assessment. The proceeds

12 of assessment awarded to the State treasury shall be 
13 deposited in a special
fund known as the Drug Traffic 
14 Prevention Fund.
15  (e) More than 200 plants is guilty of a Class 1 felony 
16 for which
a fine not to exceed $100,000 may be imposed and 
17 for which liability for
the cost of conducting the 
18 investigation and eradicating such plants may be
assessed. 
19 Compensation for expenses incurred in the enforcement of 
20 this
provision shall be transmitted to and deposited in the 
21 treasurer's office
at the level of government represented 
22 by the Illinois law enforcement
agency whose officers or 
23 employees conducted the investigation or caused
the arrest 
24 or arrests leading to the prosecution, to be subsequently 
25 made
available to that law enforcement agency as expendable 
26 receipts for use in
the enforcement of laws regulating 
 
 
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1 controlled substances and cannabis. If
such seizure was 
2 made by a combination of law enforcement personnel

3 representing different levels of government, the court 
4 levying the
assessment shall determine the allocation of 
5 such assessment. The proceeds
of assessment awarded to the 
6 State treasury shall be deposited in a special
fund known 
7 as the Drug Traffic Prevention Fund.


8(Source: P.A. 101-27, eff. 6-25-19.)


9 Section 40. The Drug Paraphernalia Control Act is amended 
10by changing Sections 2, 3.5, 4, and 6 as follows:




11 (720 ILCS 600/2) (from Ch. 56 1/2, par. 2102)



12 Sec. 2. As used in this Act, unless the context otherwise 
13requires: 

14 (a) The term "cannabis" shall have the meaning ascribed to 
15it in Section
3 of the Cannabis Control Act, as if that 
16definition were incorporated
herein.

17 (b) The term "controlled substance" shall have the meaning 
18ascribed to
it in Section 102 of the Illinois Controlled 
19Substances Act, as if that
definition were incorporated herein.

20 (c) "Deliver" or "delivery" means the actual, constructive 
21or attempted
transfer of possession, with or without 
22consideration, whether or not there
is an agency relationship.

23 (d) "Drug paraphernalia" means all equipment, products and 
24materials of
any kind, other than methamphetamine 
 
 
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1manufacturing materials as defined in Section 10 of the 
2Methamphetamine Control and Community Protection Act and 
3cannabis paraphernalia as defined in Section 1-10 of the 
4Cannabis Regulation and Tax Act, which are intended to be used 
5unlawfully in planting, propagating,
cultivating, growing, 
6harvesting, manufacturing, compounding,
converting, producing, 
7processing, preparing, testing, analyzing, packaging,

8repackaging, storing, containing, concealing, injecting, 
9ingesting, inhaling
or otherwise introducing into the human 
10body cannabis or a controlled substance
in violation of the 
11Cannabis Control Act, the Illinois Controlled
Substances
Act, 
12or the Methamphetamine Control and Community Protection Act or 
13a synthetic drug product or misbranded drug in violation of the 
14Illinois Food, Drug and Cosmetic Act. It
includes, but is not 
15limited to:


16  (1) kits intended to be used unlawfully in 
17 manufacturing, compounding,
converting,
producing, 
18 processing or preparing cannabis or a controlled 
19 substance;


20  (2) isomerization devices intended to be used 
21 unlawfully in increasing
the potency of any species of 
22 plant which is cannabis or a controlled
substance;


23  (3) testing equipment intended to be used unlawfully in 
24 a private home for
identifying
or in analyzing the 
25 strength, effectiveness or purity of cannabis or 
26 controlled
substances;


 
 
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1  (4) diluents and adulterants intended to be used 
2 unlawfully for cutting
cannabis
or a controlled substance 
3 by private persons;


4  (5) objects intended to be used unlawfully in 
5 ingesting, inhaling,
or otherwise introducing cannabis, 
6 cocaine, hashish, hashish oil, or a synthetic drug product 
7 or misbranded drug in violation of the Illinois Food, Drug 
8 and Cosmetic Act into
the human body including, where 
9 applicable, the following items:


10   (A) water pipes;


11   (B) carburetion tubes and devices;


12   (C) smoking and carburetion masks;


13   (D) miniature cocaine spoons and cocaine vials;


14   (E) carburetor pipes;


15   (F) electric pipes;


16   (G) air-driven pipes;


17   (H) chillums;


18   (I) bongs;


19   (J) ice pipes or chillers;


20  (6) any item whose purpose, as announced or described 
21 by the seller, is
for use in violation of this Act.

22(Source: P.A. 97-872, eff. 7-31-12.)





23 (720 ILCS 600/3.5)



24 Sec. 3.5. Possession of drug paraphernalia. 

25 (a) A person who knowingly possesses an item of drug 
 
 
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1paraphernalia
with
the intent to use it in ingesting, inhaling, 
2or
otherwise introducing cannabis
or
a controlled substance 
3into the human body, or in preparing cannabis or a
controlled 
4substance
for that use, is guilty of a Class A misdemeanor for 
5which the court
shall impose a minimum fine of $750 in addition 
6to any other penalty prescribed
for a Class A
misdemeanor. This 
7subsection (a) does not apply to a person who is legally

8authorized to possess
hypodermic syringes or needles under the 
9Hypodermic Syringes and Needles Act.

10 (b) In determining intent under subsection (a), the trier 
11of fact may take
into consideration the proximity of the 
12cannabis or controlled substances to
drug
paraphernalia or the 
13presence of cannabis or a controlled substance on the drug

14paraphernalia.

15 (c) If a person violates subsection (a) of Section 4 of the 
16Cannabis Control Act, the penalty for possession of any drug 
17paraphernalia seized during the violation for that offense 
18shall be a civil law violation punishable by a minimum fine of 
19$100 and a maximum fine of $200. The proceeds of the fine shall 
20be payable to the clerk of the circuit court. Within 30 days 
21after the deposit of the fine, the clerk shall distribute the 
22proceeds of the fine as follows:
23  (1) $10 of the fine to the circuit clerk and $10 of the 
24 fine to the law enforcement agency that issued the 
25 citation; the proceeds of each $10 fine distributed to the 
26 circuit clerk and each $10 fine distributed to the law 
 
 
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1 enforcement agency that issued the citation for the 
2 violation shall be used to defer the cost of automatic 
3 expungements under paragraph (2.5) of subsection (a) of 
4 Section 5.2 of the Criminal Identification Act;
5  (2) $15 to the county to fund drug addiction services;
6  (3) $10 to the Office of the State's Attorneys 
7 Appellate Prosecutor for use in training programs;
8  (4) $10 to the State's Attorney; and 
9  (5) any remainder of the fine to the law enforcement 
10 agency that issued the citation for the violation.
11 With respect to funds designated for the Department of 
12State Police, the moneys shall be remitted by the circuit court 
13clerk to the Department of State Police within one month after 
14receipt for deposit into the State Police Operations Assistance 
15Fund. With respect to funds designated for the Department of 
16Natural Resources, the Department of Natural Resources shall 
17deposit the moneys into the Conservation Police Operations 
18Assistance Fund. 
19(Source: P.A. 99-697, eff. 7-29-16.)





20 (720 ILCS 600/4) (from Ch. 56 1/2, par. 2104)



21 Sec. 4. Exemptions. This Act does not apply to:


22  (a) Items used in the preparation, compounding,

23 packaging, labeling, or other use of cannabis or a 
24 controlled substance
as an incident to lawful research, 
25 teaching, or chemical analysis and not for
sale.


 
 
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1  (b) Items historically and customarily used in 
2 connection
with the planting, propagating, cultivating, 
3 growing, harvesting,
manufacturing, compounding, 
4 converting, producing, processing, preparing,
testing, 
5 analyzing, packaging, repackaging, storing, containing, 
6 concealing,
injecting, ingesting, or inhaling of cannabis, 
7 tobacco, or any other lawful substance.


8  Items exempt under this subsection include, but are not 
9 limited to, garden
hoes, rakes, sickles, baggies, tobacco 
10 pipes, and cigarette-rolling papers.


11  (c) Items listed in Section 2 of this Act which are 
12 used for
decorative
purposes, when such items have been 
13 rendered completely inoperable or incapable
of being used 
14 for any illicit purpose prohibited by this Act.


15  (d) A person who is legally authorized to possess 
16 hypodermic syringes or
needles under the Hypodermic 
17 Syringes and Needles Act.

18In determining whether or not a particular item is exempt under 
19this
Section, the trier of fact should consider, in addition
to 
20all other logically relevant factors, the following:


21  (1) the general, usual, customary, and historical use 
22 to which the item
involved has been put;


23  (2) expert evidence concerning the ordinary or 
24 customary use of the item
and the effect of any 
25 peculiarity in the design or engineering of the device

26 upon its functioning;


 
 
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1  (3) any written instructions accompanying the delivery 
2 of the item
concerning
the purposes or uses to which 
3 the item can or may be put;


4  (4) any oral instructions provided by the seller of the 
5 item at the time
and place of sale or commercial 
6 delivery;


7  (5) any national or local advertising concerning the 
8 design, purpose
or use of the item involved, and the 
9 entire context in which such advertising
occurs;


10  (6) the manner, place and circumstances in which the 
11 item was displayed
for sale, as well as any item or 
12 items displayed for sale or otherwise
exhibited
upon 
13 the premises where the sale was made;


14  (7) whether the owner or anyone in control of the 
15 object is a legitimate
supplier of like or related 
16 items to the community, such as a licensed
distributor 
17 or dealer of cannabis
or tobacco products;


18  (8) the existence and scope of legitimate uses for the 
19 object in the
community.

20(Source: P.A. 95-331, eff. 8-21-07.)





21 (720 ILCS 600/6) (from Ch. 56 1/2, par. 2106)



22 Sec. 6. 
This Act is intended to be used solely for the 
23suppression
of the commercial traffic in and possession of 
24items that,
within the context of the sale
or offering for 
25sale, or possession, are clearly and beyond a reasonable
doubt 
 
 
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1intended
for the illegal and unlawful use of cannabis or 
2controlled substances.
To this end all reasonable and 
3common-sense inferences shall be drawn in
favor of the 
4legitimacy of any transaction or item.

5(Source: P.A. 93-526, eff. 8-12-03.)


6 Section 45. The Statewide Grand Jury Act is amended by 
7changing Sections 2 and 3 as follows:



8 (725 ILCS 215/2) (from Ch. 38, par. 1702)



9 Sec. 2. 
(a) County grand juries and State's Attorneys have 
10always had
and
shall continue to have primary responsibility 
11for investigating, indicting,
and prosecuting persons who 
12violate the criminal laws of the State of
Illinois. However, in 
13recent years organized terrorist activity directed
against 
14innocent civilians and certain criminal enterprises have

15developed that require investigation, indictment, and 
16prosecution on a
statewide or multicounty level. The criminal 
17enterprises exist
as a result of the
allure of profitability 
18present in narcotic activity, the unlawful sale and
transfer of 
19firearms, and streetgang related felonies and organized 
20terrorist
activity is supported by the contribution of money 
21and expert assistance from
geographically diverse sources. In

22order to shut off the life blood of terrorism and
weaken or 
23eliminate the criminal enterprises, assets, and
property
used 
24to further these offenses must be frozen, and any profit must 
 
 
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1be
removed. State
statutes exist that can accomplish that goal. 
2Among them are the offense of
money laundering, the Cannabis 
3and Controlled Substances Tax Act, violations
of Article 29D of 
4the Criminal Code of 1961 or the Criminal Code of 2012, the

5Narcotics Profit Forfeiture Act, and gunrunning. Local 
6prosecutors need
investigative personnel and specialized 
7training to attack and eliminate these
profits. In light of the 
8transitory and complex nature of conduct that
constitutes these 
9criminal activities, the many diverse property interests that

10may be used, acquired directly or indirectly as a result of 
11these criminal
activities, and the many places that illegally 
12obtained property may be
located, it is the purpose of this Act 
13to create a limited, multicounty
Statewide Grand Jury with 
14authority to investigate, indict, and prosecute:
narcotic 
15activity, including cannabis and controlled substance 
16trafficking,
narcotics racketeering, money laundering, 
17violations of the Cannabis
and
Controlled Substances Tax Act, 
18and violations of Article 29D of the Criminal
Code of 1961 or 
19the Criminal Code of 2012; the unlawful sale and transfer of 
20firearms;
gunrunning; and streetgang related felonies.

21 (b) A Statewide Grand Jury may also investigate, indict, 
22and prosecute
violations facilitated by the use of a computer 
23of any of
the
following offenses: indecent solicitation of a 
24child, sexual exploitation of a
child, soliciting for a 
25juvenile prostitute, keeping a place of juvenile
prostitution, 
26juvenile pimping, child pornography, aggravated child 
 
 
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1pornography, or promoting juvenile prostitution except as 
2described in subdivision (a)(4) of Section 11-14.4 of the 
3Criminal Code of 1961 or the Criminal Code of 2012.

4(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)




5 (725 ILCS 215/3) (from Ch. 38, par. 1703)



6 Sec. 3. Written application for the appointment of a 
7Circuit
Judge to convene and preside over a Statewide Grand 
8Jury, with jurisdiction
extending throughout the State, shall 
9be made to the Chief Justice of the
Supreme Court. Upon such 
10written application, the Chief Justice of the
Supreme Court 
11shall appoint a Circuit Judge from the circuit where the

12Statewide Grand Jury is being sought to be convened, who shall 
13make a
determination that the convening of a Statewide Grand 
14Jury is necessary.

15 In such application the Attorney General shall state that 
16the convening
of a Statewide Grand Jury is necessary because of 
17an alleged offense or
offenses set forth in this Section 
18involving more than one county of the
State and identifying any 
19such offense alleged; and


20  (a) that he or she believes that the grand jury 
21 function for the
investigation and indictment of the 
22 offense or offenses cannot effectively be
performed by a 
23 county grand jury together with the reasons for such

24 belief, and


25  (b)(1) that each State's Attorney with jurisdiction 
 
 
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1 over an offense
or offenses to be investigated has 
2 consented to the impaneling of the
Statewide Grand Jury, or


3  (2) if one or more of the State's Attorneys having 
4 jurisdiction over
an offense or offenses to be investigated 
5 fails to consent to the impaneling
of the Statewide Grand 
6 Jury, the Attorney General shall set forth good cause
for 
7 impaneling the Statewide Grand Jury.

8 If the Circuit Judge determines that the convening of a 
9Statewide Grand
Jury is necessary, he or she shall convene and 
10impanel the Statewide Grand
Jury with jurisdiction extending 
11throughout the State to investigate and
return indictments:


12  (a) For violations of any of the following or for any 
13 other criminal
offense committed in the course of violating 
14 any of the following: Article
29D of the Criminal Code of 
15 1961 or the Criminal Code of 2012, the
Illinois Controlled 
16 Substances Act, the Cannabis Control Act, the 
17 Methamphetamine Control and Community Protection Act, or 
18 the Narcotics
Profit Forfeiture Act, or the Cannabis and 
19 Controlled Substances Tax Act; a
streetgang related felony 
20 offense; Section 24-2.1, 24-2.2, 24-3, 24-3A, 24-3.1,

21 24-3.3, 24-3.4, 24-4, or 24-5 or subsection 24-1(a)(4), 
22 24-1(a)(6), 24-1(a)(7),
24-1(a)(9), 24-1(a)(10), or 
23 24-1(c) of the Criminal Code of 1961 or the Criminal Code 
24 of 2012; or a money
laundering offense; provided that the 
25 violation or offense involves acts
occurring in more than 
26 one county of this State; and


 
 
10100SB1557ham001- 404 -LRB101 08168 WGH 64593 a


1  (a-5) For violations facilitated by the use of a 
2 computer, including
the use of the Internet, the World Wide 
3 Web, electronic mail, message board,
newsgroup, or any 
4 other commercial or noncommercial on-line service, of any 
5 of
the following offenses: indecent solicitation of a 
6 child, sexual exploitation
of a child, soliciting for a 
7 juvenile prostitute, keeping a place of juvenile

8 prostitution, juvenile pimping, child pornography, 
9 aggravated child pornography, or promoting juvenile 
10 prostitution except as described in subdivision (a)(4) of 
11 Section 11-14.4 of the Criminal Code of 1961 or the 
12 Criminal Code of 2012; and


13  (b) For the offenses of perjury, subornation of 
14 perjury, communicating
with jurors and witnesses, and 
15 harassment of jurors and witnesses, as they
relate to 
16 matters before the Statewide Grand Jury.

17 "Streetgang related" has the meaning ascribed to it in 
18Section 10 of the
Illinois Streetgang Terrorism Omnibus 
19Prevention Act.

20 Upon written application by the Attorney General for the 
21convening of an
additional Statewide Grand Jury, the Chief 
22Justice of the Supreme Court shall
appoint a Circuit Judge from 
23the circuit for which the additional Statewide
Grand Jury is 
24sought. The Circuit Judge shall determine the necessity for
an 
25additional Statewide Grand Jury in accordance with the 
26provisions of this
Section. No more than 2 Statewide Grand 
 
 
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1Juries may be empaneled at any time.

2(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)



3 Section 99. Effective date. This Act takes effect upon 
4becoming law.".