Bill Amendment: IL HB0122 | 2019-2020 | 101st General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: GOVERNMENT-TECH

Status: 2021-01-13 - Senate Floor Amendment No. 1 Motion to Concur Rules Referred to Judiciary - Criminal Committee [HB0122 Detail]

Download: Illinois-2019-HB0122-Senate_Amendment_001.html

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Sen. Cristina Castro

Filed: 1/12/2021

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AMENDMENT TO HOUSE BILL 122
AMENDMENT NO. ______. Amend House Bill 122 by replacing
everything after the enacting clause with the following:
"Section 5. The Compassionate Use of Medical Cannabis
Program Act is amended by changing Section 100 as follows:
(410 ILCS 130/100)
Sec. 100. Cultivation center agent identification card.
(a) The Department of Agriculture shall:
(1) verify the information contained in an application
or renewal for a cultivation center identification card
submitted under this Act, and approve or deny an
application or renewal, within 30 days of receiving a
completed application or renewal application and all
supporting documentation required by rule;
(2) issue a cultivation center agent identification
card to a qualifying agent within 15 business days of

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approving the application or renewal;
(3) enter the registry identification number of the
cultivation center where the agent works; and
(4) allow for an electronic application process, and
provide a confirmation by electronic or other methods that
an application has been submitted.
(b) A cultivation center agent must keep his or her
identification card visible at all times when on the property
of a cultivation center and during the transportation of
medical cannabis to a registered dispensary organization.
(c) The cultivation center agent identification cards
shall contain the following:
(1) the name of the cardholder;
(2) the date of issuance and expiration date of
cultivation center agent identification cards;
(3) a random 10 digit alphanumeric identification
number containing at least 4 numbers and at least 4
letters; that is unique to the holder; and
(4) a photograph of the cardholder.
(d) The cultivation center agent identification cards
shall be immediately returned to the cultivation center upon
termination of employment.
(e) Any card lost by a cultivation center agent shall be
reported to the State Police and the Department of Agriculture
immediately upon discovery of the loss.
(f) An applicant shall be denied a cultivation center agent

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identification card if he or she has been convicted of an
excluded offense.
(g) An agent may begin employment at a cultivation center
while the agent's identification card application is pending.
Upon approval, the Department shall issue the agent's
identification card to the cultivation center agent applicant.
If denied, the cultivation center and the applicant shall be
notified and the applicant must cease all activity at the
cultivation center immediately.
(Source: P.A. 98-122, eff. 1-1-14.)
Section 10. The Cannabis Regulation and Tax Act is amended
by changing Sections 1-10, 15-25, 15-40, 20-35, 25-35, 30-35,
35-30, 40-30, 55-21 and by adding Section 15-30.1 as follows:
(410 ILCS 705/1-10)
Sec. 1-10. Definitions. In this Act:
"Adult Use Cultivation Center License" means a license
issued by the Department of Agriculture that permits a person
to act as a cultivation center under this Act and any
administrative rule made in furtherance of this Act.
"Adult Use Dispensing Organization License" means a
license issued by the Department of Financial and Professional
Regulation that permits a person to act as a dispensing
organization under this Act and any administrative rule made in
furtherance of this Act.

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"Advertise" means to engage in promotional activities
including, but not limited to: newspaper, radio, Internet and
electronic media, and television advertising; the distribution
of fliers and circulars; billboard advertising; and the display
of window and interior signs. "Advertise" does not mean
exterior signage displaying only the name of the licensed
cannabis business establishment.
"Application points" means the number of points a
dispensary applicant receives on an application for a
Conditional Adult Use Dispensing Organization License.
"By lot" means a randomized method of choosing between 2 or
more eligible tied applicants or 2 or more qualifying
applicants.
"BLS Region" means a region in Illinois used by the United
States Bureau of Labor Statistics to gather and categorize
certain employment and wage data. The 17 such regions in
Illinois are: Bloomington, Cape Girardeau, Carbondale-Marion,
Champaign-Urbana, Chicago-Naperville-Elgin, Danville,
Davenport-Moline-Rock Island, Decatur, Kankakee, Peoria,
Rockford, St. Louis, Springfield, Northwest Illinois
nonmetropolitan area, West Central Illinois nonmetropolitan
area, East Central Illinois nonmetropolitan area, and South
Illinois nonmetropolitan area.
"Cannabis" means marijuana, hashish, and other substances
that are identified as including any parts of the plant
Cannabis sativa and including derivatives or subspecies, such

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as indica, of all strains of cannabis, whether growing or not;
the seeds thereof, the resin extracted from any part of the
plant; and any compound, manufacture, salt, derivative,
mixture, or preparation of the plant, its seeds, or resin,
including tetrahydrocannabinol (THC) and all other naturally
produced cannabinol derivatives, whether produced directly or
indirectly by extraction; however, "cannabis" does not include
the mature stalks of the plant, fiber produced from the stalks,
oil or cake made from the seeds of the plant, any other
compound, manufacture, salt, derivative, mixture, or
preparation of the mature stalks (except the resin extracted
from it), fiber, oil or cake, or the sterilized seed of the
plant that is incapable of germination. "Cannabis" does not
include industrial hemp as defined and authorized under the
Industrial Hemp Act. "Cannabis" also means cannabis flower,
concentrate, and cannabis-infused products.
"Cannabis business establishment" means a cultivation
center, craft grower, processing organization, infuser
organization, dispensing organization, or transporting
organization.
"Cannabis concentrate" means a product derived from
cannabis that is produced by extracting cannabinoids,
including tetrahydrocannabinol (THC), from the plant through
the use of propylene glycol, glycerin, butter, olive oil or
other typical cooking fats; water, ice, or dry ice; or butane,
propane, CO2, ethanol, or isopropanol and with the intended use

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of smoking or making a cannabis-infused product. The use of any
other solvent is expressly prohibited unless and until it is
approved by the Department of Agriculture.
"Cannabis container" means a sealed or resealable,
traceable, container, or package used for the purpose of
containment of cannabis or cannabis-infused product during
transportation.
"Cannabis flower" means marijuana, hashish, and other
substances that are identified as including any parts of the
plant Cannabis sativa and including derivatives or subspecies,
such as indica, of all strains of cannabis; including raw kief,
leaves, and buds, but not resin that has been extracted from
any part of such plant; nor any compound, manufacture, salt,
derivative, mixture, or preparation of such plant, its seeds,
or resin.
"Cannabis-infused product" means a beverage, food, oil,
ointment, tincture, topical formulation, or another product
containing cannabis or cannabis concentrate that is not
intended to be smoked.
"Cannabis paraphernalia" means equipment, products, or
materials intended to be used for planting, propagating,
cultivating, growing, harvesting, manufacturing, producing,
processing, preparing, testing, analyzing, packaging,
repackaging, storing, containing, concealing, ingesting, or
otherwise introducing cannabis into the human body.
"Cannabis plant monitoring system" or "plant monitoring

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system" means a system that includes, but is not limited to,
testing and data collection established and maintained by the
cultivation center, craft grower, or processing organization
and that is available to the Department of Revenue, the
Department of Agriculture, the Department of Financial and
Professional Regulation, and the Department of State Police for
the purposes of documenting each cannabis plant and monitoring
plant development throughout the life cycle of a cannabis plant
cultivated for the intended use by a customer from seed
planting to final packaging.
"Cannabis testing facility" means an entity registered by
the Department of Agriculture to test cannabis for potency and
contaminants.
"Clone" means a plant section from a female cannabis plant
not yet rootbound, growing in a water solution or other
propagation matrix, that is capable of developing into a new
plant.
"Community College Cannabis Vocational Training Pilot
Program faculty participant" means a person who is 21 years of
age or older, licensed by the Department of Agriculture, and is
employed or contracted by an Illinois community college to
provide student instruction using cannabis plants at an
Illinois Community College.
"Community College Cannabis Vocational Training Pilot
Program faculty participant Agent Identification Card" means a
document issued by the Department of Agriculture that

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identifies a person as Community College Cannabis Vocational
Training Pilot Program faculty participant.
"Conditional Adult Use Dispensing Organization License"
means a contingent license awarded to top-scoring applicants
for an Adult Use Dispensing Organization License that reserves
the right to an Adult Use Dispensing Organization License if
the applicant meets certain conditions described in this Act,
but does not entitle the recipient to begin purchasing or
selling cannabis or cannabis-infused products.
"Conditional Adult Use Cultivation Center License" means a
license awarded to top-scoring applicants for an Adult Use
Cultivation Center License that reserves the right to an Adult
Use Cultivation Center License if the applicant meets certain
conditions as determined by the Department of Agriculture by
rule, but does not entitle the recipient to begin growing,
processing, or selling cannabis or cannabis-infused products.
"Craft grower" means a facility operated by an organization
or business that is licensed by the Department of Agriculture
to cultivate, dry, cure, and package cannabis and perform other
necessary activities to make cannabis available for sale at a
dispensing organization or use at a processing organization. A
craft grower may contain up to 5,000 square feet of canopy
space on its premises for plants in the flowering state. The
Department of Agriculture may authorize an increase or decrease
of flowering stage cultivation space in increments of 3,000
square feet by rule based on market need, craft grower

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capacity, and the licensee's history of compliance or
noncompliance, with a maximum space of 14,000 square feet for
cultivating plants in the flowering stage, which must be
cultivated in all stages of growth in an enclosed and secure
area. A craft grower may share premises with a processing
organization or a dispensing organization, or both, provided
each licensee stores currency and cannabis or cannabis-infused
products in a separate secured vault to which the other
licensee does not have access or all licensees sharing a vault
share more than 50% of the same ownership.
"Craft grower agent" means a principal officer, board
member, employee, or other agent of a craft grower who is 21
years of age or older.
"Craft Grower Agent Identification Card" means a document
issued by the Department of Agriculture that identifies a
person as a craft grower agent.
"Cultivation center" means a facility operated by an
organization or business that is licensed by the Department of
Agriculture to cultivate, process, transport (unless otherwise
limited by this Act), and perform other necessary activities to
provide cannabis and cannabis-infused products to cannabis
business establishments.
"Cultivation center agent" means a principal officer,
board member, employee, or other agent of a cultivation center
who is 21 years of age or older.
"Cultivation Center Agent Identification Card" means a

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document issued by the Department of Agriculture that
identifies a person as a cultivation center agent.
"Currency" means currency and coin of the United States.
"Dispensary" means a facility operated by a dispensing
organization at which activities licensed by this Act may
occur.
"Dispensary applicant" means the proposed dispensing
organization name as stated on an application for a Conditional
Adult Use Dispensing Organization License.
"Dispensing organization" means a facility operated by an
organization or business that is licensed by the Department of
Financial and Professional Regulation to acquire cannabis from
a cultivation center, craft grower, processing organization,
or another dispensary for the purpose of selling or dispensing
cannabis, cannabis-infused products, cannabis seeds,
paraphernalia, or related supplies under this Act to purchasers
or to qualified registered medical cannabis patients and
caregivers. As used in this Act, "dispensing organization"
includes a registered medical cannabis organization as defined
in the Compassionate Use of Medical Cannabis Program Act or its
successor Act that has obtained an Early Approval Adult Use
Dispensing Organization License.
"Dispensing organization agent" means a principal officer,
employee, or agent of a dispensing organization who is 21 years
of age or older.
"Dispensing organization agent identification card" means

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a document issued by the Department of Financial and
Professional Regulation that identifies a person as a
dispensing organization agent.
"Disproportionately Impacted Area" means a census tract or
comparable geographic area that satisfies the following
criteria as determined by the Department of Commerce and
Economic Opportunity, that:
(1) meets at least one of the following criteria:
(A) the area has a poverty rate of at least 20%
according to the latest federal decennial census; or
(B) 75% or more of the children in the area
participate in the federal free lunch program
according to reported statistics from the State Board
of Education; or
(C) at least 20% of the households in the area
receive assistance under the Supplemental Nutrition
Assistance Program; or
(D) the area has an average unemployment rate, as
determined by the Illinois Department of Employment
Security, that is more than 120% of the national
unemployment average, as determined by the United
States Department of Labor, for a period of at least 2
consecutive calendar years preceding the date of the
application; and
(2) has high rates of arrest, conviction, and
incarceration related to the sale, possession, use,

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cultivation, manufacture, or transport of cannabis.
"Early Approval Adult Use Cultivation Center License"
means a license that permits a medical cannabis cultivation
center licensed under the Compassionate Use of Medical Cannabis
Program Act as of the effective date of this Act to begin
cultivating, infusing, packaging, transporting (unless
otherwise provided in this Act), processing and selling
cannabis or cannabis-infused product to cannabis business
establishments for resale to purchasers as permitted by this
Act as of January 1, 2020.
"Early Approval Adult Use Dispensing Organization License"
means a license that permits a medical cannabis dispensing
organization licensed under the Compassionate Use of Medical
Cannabis Program Act as of the effective date of this Act to
begin selling cannabis or cannabis-infused product to
purchasers as permitted by this Act as of January 1, 2020.
"Early Approval Adult Use Dispensing Organization at a
secondary site" means a license that permits a medical cannabis
dispensing organization licensed under the Compassionate Use
of Medical Cannabis Program Act as of the effective date of
this Act to begin selling cannabis or cannabis-infused product
to purchasers as permitted by this Act on January 1, 2020 at a
different dispensary location from its existing registered
medical dispensary location.
"Eligible tied applicant" means a tied applicant that is
eligible to participate in the process by which a remaining

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available license is distributed by lot pursuant to a Tied
Applicant Lottery.
"Enclosed, locked facility" means a room, greenhouse,
building, or other enclosed area equipped with locks or other
security devices that permit access only by cannabis business
establishment agents working for the licensed cannabis
business establishment or acting pursuant to this Act to
cultivate, process, store, or distribute cannabis.
"Enclosed, locked space" means a closet, room, greenhouse,
building or other enclosed area equipped with locks or other
security devices that permit access only by authorized
individuals under this Act. "Enclosed, locked space" may
include:
(1) a space within a residential building that (i) is
the primary residence of the individual cultivating 5 or
fewer cannabis plants that are more than 5 inches tall and
(ii) includes sleeping quarters and indoor plumbing. The
space must only be accessible by a key or code that is
different from any key or code that can be used to access
the residential building from the exterior; or
(2) a structure, such as a shed or greenhouse, that
lies on the same plot of land as a residential building
that (i) includes sleeping quarters and indoor plumbing and
(ii) is used as a primary residence by the person
cultivating 5 or fewer cannabis plants that are more than 5
inches tall, such as a shed or greenhouse. The structure

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must remain locked when it is unoccupied by people.
"Financial institution" has the same meaning as "financial
organization" as defined in Section 1501 of the Illinois Income
Tax Act, and also includes the holding companies, subsidiaries,
and affiliates of such financial organizations.
"Flowering stage" means the stage of cultivation where and
when a cannabis plant is cultivated to produce plant material
for cannabis products. This includes mature plants as follows:
(1) if greater than 2 stigmas are visible at each
internode of the plant; or
(2) if the cannabis plant is in an area that has been
intentionally deprived of light for a period of time
intended to produce flower buds and induce maturation, from
the moment the light deprivation began through the
remainder of the marijuana plant growth cycle.
"Individual" means a natural person.
"Infuser organization" or "infuser" means a facility
operated by an organization or business that is licensed by the
Department of Agriculture to directly incorporate cannabis or
cannabis concentrate into a product formulation to produce a
cannabis-infused product.
"Kief" means the resinous crystal-like trichomes that are
found on cannabis and that are accumulated, resulting in a
higher concentration of cannabinoids, untreated by heat or
pressure, or extracted using a solvent.
"Labor peace agreement" means an agreement between a

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cannabis business establishment and any labor organization
recognized under the National Labor Relations Act, referred to
in this Act as a bona fide labor organization, that prohibits
labor organizations and members from engaging in picketing,
work stoppages, boycotts, and any other economic interference
with the cannabis business establishment. This agreement means
that the cannabis business establishment has agreed not to
disrupt efforts by the bona fide labor organization to
communicate with, and attempt to organize and represent, the
cannabis business establishment's employees. The agreement
shall provide a bona fide labor organization access at
reasonable times to areas in which the cannabis business
establishment's employees work, for the purpose of meeting with
employees to discuss their right to representation, employment
rights under State law, and terms and conditions of employment.
This type of agreement shall not mandate a particular method of
election or certification of the bona fide labor organization.
"Limited access area" means a room or other area under the
control of a cannabis dispensing organization licensed under
this Act and upon the licensed premises where cannabis sales
occur with access limited to purchasers, dispensing
organization owners and other dispensing organization agents,
or service professionals conducting business with the
dispensing organization, or, if sales to registered qualifying
patients, caregivers, provisional patients, and Opioid
Alternative Pilot Program participants licensed pursuant to

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the Compassionate Use of Medical Cannabis Program Act are also
permitted at the dispensary, registered qualifying patients,
caregivers, provisional patients, and Opioid Alternative Pilot
Program participants.
"Member of an impacted family" means an individual who has
a parent, legal guardian, child, spouse, or dependent, or was a
dependent of an individual who, prior to the effective date of
this Act, was arrested for, convicted of, or adjudicated
delinquent for any offense that is eligible for expungement
under this Act.
"Mother plant" means a cannabis plant that is cultivated or
maintained for the purpose of generating clones, and that will
not be used to produce plant material for sale to an infuser or
dispensing organization.
"Ordinary public view" means within the sight line with
normal visual range of a person, unassisted by visual aids,
from a public street or sidewalk adjacent to real property, or
from within an adjacent property.
"Ownership and control" means ownership of at least 51% of
the business, including corporate stock if a corporation, and
control over the management and day-to-day operations of the
business and an interest in the capital, assets, and profits
and losses of the business proportionate to percentage of
ownership.
"Person" means a natural individual, firm, partnership,
association, joint stock company, joint venture, public or

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private corporation, limited liability company, or a receiver,
executor, trustee, guardian, or other representative appointed
by order of any court.
"Possession limit" means the amount of cannabis under
Section 10-10 that may be possessed at any one time by a person
21 years of age or older or who is a registered qualifying
medical cannabis patient or caregiver under the Compassionate
Use of Medical Cannabis Program Act.
"Principal officer" includes a cannabis business
establishment applicant or licensed cannabis business
establishment's board member, owner with more than 1% interest
of the total cannabis business establishment or more than 5%
interest of the total cannabis business establishment of a
publicly traded company, president, vice president, secretary,
treasurer, partner, officer, member, manager member, or person
with a profit sharing, financial interest, or revenue sharing
arrangement. The definition includes a person with authority to
control the cannabis business establishment, a person who
assumes responsibility for the debts of the cannabis business
establishment and who is further defined in this Act.
"Primary residence" means a dwelling where a person usually
stays or stays more often than other locations. It may be
determined by, without limitation, presence, tax filings;
address on an Illinois driver's license, an Illinois
Identification Card, or an Illinois Person with a Disability
Identification Card; or voter registration. No person may have

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more than one primary residence.
"Processing organization" or "processor" means a facility
operated by an organization or business that is licensed by the
Department of Agriculture to either extract constituent
chemicals or compounds to produce cannabis concentrate or
incorporate cannabis or cannabis concentrate into a product
formulation to produce a cannabis product.
"Processing organization agent" means a principal officer,
board member, employee, or agent of a processing organization.
"Processing organization agent identification card" means
a document issued by the Department of Agriculture that
identifies a person as a processing organization agent.
"Purchaser" means a person 21 years of age or older who
acquires cannabis for a valuable consideration. "Purchaser"
does not include a cardholder under the Compassionate Use of
Medical Cannabis Program Act.
"Qualifying applicant" means an applicant that submitted
an application pursuant to Section 15-30 that received at least
85% of 250 available application points pursuant to the
application scoring procedure described in subsection (c) of
Section 15-30, including any supplemental process to correct
deficiencies.
"Qualifying Applicant Lottery" means the process for
awarding Conditional Adult Use Dispensing Organization
Licenses among qualifying applicants pursuant to Section
15-30.1.

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"Qualified Social Equity Applicant" means a Social Equity
Applicant who has been awarded a conditional license under this
Act to operate a cannabis business establishment.
"Resided" means an individual's primary residence was
located within the relevant geographic area as established by 2
of the following:
(1) a signed lease agreement that includes the
applicant's name;
(2) a property deed that includes the applicant's name;
(3) school records;
(4) a voter registration card;
(5) an Illinois driver's license, an Illinois
Identification Card, or an Illinois Person with a
Disability Identification Card;
(6) a paycheck stub;
(7) a utility bill;
(8) tax records; or
(9) any other proof of residency or other information
necessary to establish residence as provided by rule.
"Smoking" means the inhalation of smoke caused by the
combustion of cannabis.
"Social Equity Applicant" means an applicant that is an
Illinois resident that meets one of the following criteria:
(1) an applicant with at least 51% ownership and
control by one or more individuals who have resided for at
least 5 of the preceding 10 years in a Disproportionately

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Impacted Area;
(2) an applicant with at least 51% ownership and
control by one or more individuals who:
(i) have been arrested for, convicted of, or
adjudicated delinquent for any offense that is
eligible for expungement under this Act; or
(ii) is a member of an impacted family;
(3) for applicants with a minimum of 10 full-time
employees, an applicant with at least 51% of current
employees who:
(i) currently reside in a Disproportionately
Impacted Area; or
(ii) have been arrested for, convicted of, or
adjudicated delinquent for any offense that is
eligible for expungement under this Act or member of an
impacted family.
Nothing in this Act shall be construed to preempt or limit
the duties of any employer under the Job Opportunities for
Qualified Applicants Act. Nothing in this Act shall permit an
employer to require an employee to disclose sealed or expunged
offenses, unless otherwise required by law.
"Tincture" means a cannabis-infused solution, typically
comprised of alcohol, glycerin, or vegetable oils, derived
either directly from the cannabis plant or from a processed
cannabis extract. A tincture is not an alcoholic liquor as
defined in the Liquor Control Act of 1934. A tincture shall

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include a calibrated dropper or other similar device capable of
accurately measuring servings.
"Tied applicant" means a dispensary applicant that
submitted an application pursuant to Section 15-30 that
received the same number of application points pursuant to the
application scoring procedure described in subsection (c) of
Section 15-30 as one or more top-scoring applications in the
same BLS Region and would have been awarded a license but for
the one or more other top-scoring applications that received
the same number of application points, including any
applications scored pursuant to a supplemental process to
correct deficiencies. Each application score that is attached
to a dispensary applicant that has previously paid the required
application fee for the application period ending January 2,
2020 creates a separate Tied applicant.
"Tied Applicant Lottery" means the process established in
Sections 1291.10 and 1291.50 of Title 68 of the Illinois
Administrative Code for awarding Conditional Adult Use
Dispensing Organization Licenses pursuant to Sections 15-25
and 15-30 among eligible tied applicants.
"Transporting organization" or "transporter" means an
organization or business that is licensed by the Department of
Agriculture to transport cannabis or cannabis-infused product
on behalf of a cannabis business establishment or a community
college licensed under the Community College Cannabis
Vocational Training Pilot Program.

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"Transporting organization agent" means a principal
officer, board member, employee, or agent of a transporting
organization.
"Transporting organization agent identification card"
means a document issued by the Department of Agriculture that
identifies a person as a transporting organization agent.
"Unit of local government" means any county, city, village,
or incorporated town.
"Vegetative stage" means the stage of cultivation in which
a cannabis plant is propagated to produce additional cannabis
plants or reach a sufficient size for production. This includes
seedlings, clones, mothers, and other immature cannabis plants
as follows:
(1) if the cannabis plant is in an area that has not
been intentionally deprived of light for a period of time
intended to produce flower buds and induce maturation, it
has no more than 2 stigmas visible at each internode of the
cannabis plant; or
(2) any cannabis plant that is cultivated solely for
the purpose of propagating clones and is never used to
produce cannabis.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
(410 ILCS 705/15-25)
Sec. 15-25. Awarding of Conditional Adult Use Dispensing
Organization Licenses prior to January 1, 2021.

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(a) The Department shall issue up to 75 Conditional Adult
Use Dispensing Organization Licenses before May 1, 2020.
(b) The Department shall make the application for a
Conditional Adult Use Dispensing Organization License
available no later than October 1, 2019 and shall accept
applications no later than January 1, 2020.
(c) To ensure the geographic dispersion of Conditional
Adult Use Dispensing Organization License holders, the
following number of licenses shall be awarded in each BLS
Region as determined by each region's percentage of the State's
population:
(1) Bloomington: 1
(2) Cape Girardeau: 1
(3) Carbondale-Marion: 1
(4) Champaign-Urbana: 1
(5) Chicago-Naperville-Elgin: 47
(6) Danville: 1
(7) Davenport-Moline-Rock Island: 1
(8) Decatur: 1
(9) Kankakee: 1
(10) Peoria: 3
(11) Rockford: 2
(12) St. Louis: 4
(13) Springfield: 1
(14) Northwest Illinois nonmetropolitan: 3
(15) West Central Illinois nonmetropolitan: 3

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(16) East Central Illinois nonmetropolitan: 2
(17) South Illinois nonmetropolitan: 2
(d) An applicant seeking issuance of a Conditional Adult
Use Dispensing Organization License shall submit an
application on forms provided by the Department. An applicant
must meet the following requirements:
(1) Payment of a nonrefundable application fee of
$5,000 for each license for which the applicant is
applying, which shall be deposited into the Cannabis
Regulation Fund;
(2) Certification that the applicant will comply with
the requirements contained in this Act;
(3) The legal name of the proposed dispensing
organization;
(4) A statement that the dispensing organization
agrees to respond to the Department's supplemental
requests for information;
(5) From each principal officer, a statement
indicating whether that person:
(A) has previously held or currently holds an
ownership interest in a cannabis business
establishment in Illinois; or
(B) has held an ownership interest in a dispensing
organization or its equivalent in another state or
territory of the United States that had the dispensing
organization registration or license suspended,

10100HB0122sam001 - 25 - LRB101 02888 SPS 74911 a
revoked, placed on probationary status, or subjected
to other disciplinary action;
(6) Disclosure of whether any principal officer has
ever filed for bankruptcy or defaulted on spousal support
or child support obligation;
(7) A resume for each principal officer, including
whether that person has an academic degree, certification,
or relevant experience with a cannabis business
establishment or in a related industry;
(8) A description of the training and education that
will be provided to dispensing organization agents;
(9) A copy of the proposed operating bylaws;
(10) A copy of the proposed business plan that complies
with the requirements in this Act, including, at a minimum,
the following:
(A) A description of services to be offered; and
(B) A description of the process of dispensing
cannabis;
(11) A copy of the proposed security plan that complies
with the requirements in this Article, including:
(A) The process or controls that will be
implemented to monitor the dispensary, secure the
premises, agents, and currency, and prevent the
diversion, theft, or loss of cannabis; and
(B) The process to ensure that access to the
restricted access areas is restricted to, registered

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agents, service professionals, transporting
organization agents, Department inspectors, and
security personnel;
(12) A proposed inventory control plan that complies
with this Section;
(13) A proposed floor plan, a square footage estimate,
and a description of proposed security devices, including,
without limitation, cameras, motion detectors, servers,
video storage capabilities, and alarm service providers;
(14) The name, address, social security number, and
date of birth of each principal officer and board member of
the dispensing organization; each of those individuals
shall be at least 21 years of age;
(15) Evidence of the applicant's status as a Social
Equity Applicant, if applicable, and whether a Social
Equity Applicant plans to apply for a loan or grant issued
by the Department of Commerce and Economic Opportunity;
(16) The address, telephone number, and email address
of the applicant's principal place of business, if
applicable. A post office box is not permitted;
(17) Written summaries of any information regarding
instances in which a business or not-for-profit that a
prospective board member previously managed or served on
were fined or censured, or any instances in which a
business or not-for-profit that a prospective board member
previously managed or served on had its registration

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suspended or revoked in any administrative or judicial
proceeding;
(18) A plan for community engagement;
(19) Procedures to ensure accurate recordkeeping and
security measures that are in accordance with this Article
and Department rules;
(20) The estimated volume of cannabis it plans to store
at the dispensary;
(21) A description of the features that will provide
accessibility to purchasers as required by the Americans
with Disabilities Act;
(22) A detailed description of air treatment systems
that will be installed to reduce odors;
(23) A reasonable assurance that the issuance of a
license will not have a detrimental impact on the community
in which the applicant wishes to locate;
(24) The dated signature of each principal officer;
(25) A description of the enclosed, locked facility
where cannabis will be stored by the dispensing
organization;
(26) Signed statements from each dispensing
organization agent stating that he or she will not divert
cannabis;
(27) The number of licenses it is applying for in each
BLS Region;
(28) A diversity plan that includes a narrative of at

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least 2,500 words that establishes a goal of diversity in
ownership, management, employment, and contracting to
ensure that diverse participants and groups are afforded
equality of opportunity;
(29) A contract with a private security contractor
agency that is licensed under Section 10-5 of the Private
Detective, Private Alarm, Private Security, Fingerprint
Vendor, and Locksmith Act of 2004 in order for the
dispensary to have adequate security at its facility; and
(30) Other information deemed necessary by the
Illinois Cannabis Regulation Oversight Officer to conduct
the disparity and availability study referenced in
subsection (e) of Section 5-45.
(e) An applicant who receives a Conditional Adult Use
Dispensing Organization License under this Section has 180 days
from the date of award to identify a physical location for the
dispensing organization retail storefront. Before a
conditional licensee receives an authorization to build out the
dispensing organization from the Department, the Department
shall inspect the physical space selected by the conditional
licensee. The Department shall verify the site is suitable for
public access, the layout promotes the safe dispensing of
cannabis, the location is sufficient in size, power allocation,
lighting, parking, handicapped accessible parking spaces,
accessible entry and exits as required by the Americans with
Disabilities Act, product handling, and storage. The applicant

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shall also provide a statement of reasonable assurance that the
issuance of a license will not have a detrimental impact on the
community. The applicant shall also provide evidence that the
location is not within 1,500 feet of an existing dispensing
organization. If an applicant is unable to find a suitable
physical address in the opinion of the Department within 180
days of the issuance of the Conditional Adult Use Dispensing
Organization License, the Department may extend the period for
finding a physical address another 180 days if the Conditional
Adult Use Dispensing Organization License holder demonstrates
concrete attempts to secure a location and a hardship. If the
Department denies the extension or the Conditional Adult Use
Dispensing Organization License holder is unable to find a
location or become operational within 360 days of being awarded
a conditional license, the Department shall rescind the
conditional license and award it to the next highest scoring
applicant in the BLS Region for which the license was assigned,
provided the applicant receiving the license: (i) confirms a
continued interest in operating a dispensing organization;
(ii) can provide evidence that the applicant continues to meet
all requirements for holding a Conditional Adult Use Dispensing
Organization License set forth in this Act; and (iii) has not
otherwise become ineligible to be awarded a dispensing
organization license. If the new awardee is unable to accept
the Conditional Adult Use Dispensing Organization License, the
Department shall award the Conditional Adult Use Dispensing

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Organization License to the next highest scoring applicant in
the same manner. The new awardee shall be subject to the same
required deadlines as provided in this subsection.
(e-5) If, within 180 days of being awarded a Conditional
Adult Use Dispensing Organization License, a dispensing
organization is unable to find a location within the BLS Region
in which it was awarded a Conditional Adult Use Dispensing
Organization License because no jurisdiction within the BLS
Region allows for the operation of an Adult Use Dispensing
Organization, the Department of Financial and Professional
Regulation may authorize the Conditional Adult Use Dispensing
Organization License holder to transfer its license to a BLS
Region specified by the Department.
(f) A dispensing organization that is awarded a Conditional
Adult Use Dispensing Organization License pursuant to the
criteria in Section 15-30 shall not purchase, possess, sell, or
dispense cannabis or cannabis-infused products until the
person has received an Adult Use Dispensing Organization
License issued by the Department pursuant to Section 15-36 of
this Act.
(g) The Department shall conduct a background check of the
prospective organization agents in order to carry out this
Article. The Department of State Police shall charge the
applicant a fee for conducting the criminal history record
check, which shall be deposited into the State Police Services
Fund and shall not exceed the actual cost of the record check.

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Each person applying as a dispensing organization agent shall
submit a full set of fingerprints to the Department of State
Police for the purpose of obtaining a State and federal
criminal records check. These fingerprints shall be checked
against the fingerprint records now and hereafter, to the
extent allowed by law, filed in the Department of State Police
and Federal Bureau of Identification criminal history records
databases. The Department of State Police shall furnish,
following positive identification, all Illinois conviction
information to the Department.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
(410 ILCS 705/15-30.1 new)
Sec. 15-30.1. Qualifying Applicant Lottery.
(a) Notwithstanding the 75 Conditional Adult Use
Dispensing Organization Licenses authorized under subsection
(a) of Section 15-25, the Department shall conduct a lottery to
award an additional 75 Conditional Adult Use Dispensing
Organization Licenses through a Qualifying Applicant Lottery
to qualifying applicants that applied for, but did not receive,
a Conditional Adult Use Dispensing Organization License
pursuant to Sections 15-25 and 15-30. Any dispensary applicant
who has any principal officer who was named on a dispensary
application who participated or was eligible to participate in
the Tied Applicant Lottery for the awarding of licenses
pursuant to Sections 15-25 and 15-30 may not qualify as a

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qualifying applicant and may not participate in the lottery for
awarding licenses pursuant to this Section, unless that
applicant withdraws from the Tied Applicant Lottery pursuant to
subsection (f) of this Section. Prior to conducting a
Qualifying Applicant Lottery, the Department may adopt rules
through emergency rulemaking in accordance with subsection
(kk) of Section ' of the Illinois Administrative Procedure Act.
The General Assembly finds that the adoption of rules to
regulate cannabis use is deemed an emergency and necessary for
the public interest, safety, and welfare.
(b) There shall be no additional cost to participate in a
Qualifying Applicant Lottery. However, the Department may
require a dispensary applicant to submit additional
documentation in order to participate in a Qualifying Applicant
Lottery under this Section.
(c) No individual may be listed as a principal officer of
more than 2 total entries across all BLS regions in the
Qualifying Applicant Lottery. No dispensary applicant may
submit more than one entry application in any BLS Region in the
Qualifying Applicant Lottery.
(d) No qualifying applicant may be awarded more than 2
Conditional Adult Use Dispensing Organization Licenses at the
conclusion of the Qualifying Applicant Lottery.
(e) The 75 Conditional Adult Use Dispensing Organization
Licenses established pursuant to this Section shall be
geographically allocated in the exact manner as the licenses

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under subsection (c) of Section 15-25 of this Act and remain
subject to all other requirements of Sections 15-25, 15-30, and
15-36 unless such requirements conflict with this Section.
(f) Any dispensary applicant seeking to participate in the
Qualifying Applicant lottery must attest to the Department no
later than 5 business days after the resulting final score for
all scored applications pursuant to Section 15-30, including
any supplemental process to correct deficiencies, is issued to
dispensary applicants. The attestation must state that the
dispensary applicant is not participating in the Tied Applicant
Lottery for awarding licenses pursuant to Sections 15-25 and
15-30 and the dispensary applicant meets all of the
requirements to participate in a Qualifying Applicant Lottery
set forth under this Section. The attestation shall be made on
forms approved by the Department. If the Department determines
attestations have been submitted that would result in a
dispensary applicant exceeding the limits in subsection (c) of
this Section, then the dispensary applicant shall be
disqualified from participating in both the Tied Applicant
Lottery and the Qualifying Applicant Lottery. If the Department
determines attestations have been submitted that would result
in a principal officer exceeding the limits in subsection (c)
of this Section, then all dispensary applicants listing that
principal officer shall be disqualified from participating in
both the Tied Applicant Lottery and the Qualifying Applicant
Lottery.

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(g) The Qualifying Applicant Lottery shall be conducted no
later than 10 business days after the Department publishes a
list of qualifying applicants identified by the Department as
eligible for the Qualifying Applicant Lottery, including any
supplemental process to correct deficiencies.
(h) An applicant that applied for, but did not receive, a
Conditional Adult Use Dispensing Organization License pursuant
to Sections 15-25 and 15-30 may qualify as a qualifying
applicant subject to the following:
(1) A dispensary applicant is prohibited from becoming
a qualifying applicant if a principal officer of the
applicant is a principal officer of more qualifying
applicants than the number of available licenses.
(2) A dispensary applicant is prohibited from becoming
a qualifying applicant if a principal officer resigns after
the resulting final score for all scored applications
pursuant to Sections 15-25 and 15-30, including any
supplemental process to correct deficiencies, is issued to
dispensary applicants.
(3) A dispensary applicant is prohibited from becoming
a qualifying applicant if, after the conclusion of the
attestation period identified in subsection (f) of this
Section, a principal officer of the applicant is a
principal officer of more qualifying applicants than the
number of available licenses.
(4) A dispensary applicant must have received at least

10100HB0122sam001 - 35 - LRB101 02888 SPS 74911 a
85% of total available points on an application submitted
pursuant to Section 15-30 to become a qualifying applicant.
(i) At the conclusion of the scoring process, the
Department may distribute the available licenses established
under this Section by lot subject to the following:
(1) The drawing by lot for all available licenses
established under this Section shall occur on the same day.
(2) Within each BLS Region, the first qualifying
applicant drawn shall have the first right to an available
license. The second qualifying applicant drawn shall have
the second right to an available license. The same pattern
shall continue for each subsequent qualifying applicant
drawn.
(3) The process for distributing available licenses
established under this Section shall be recorded by the
Department in a format selected by the Department.
(4) If, upon being selected for an available license
established under this Section, the eligible qualifying
applicant has a principal officer that is a principal
officer in more than 10 Early Approval Adult Use Dispensing
Organization Licenses, Conditional Adult Use Dispensing
Organization Licenses, or Adult Use Dispensing
Organization Licenses, the licensees and eligible
qualifying applicant listing that principal officer must
choose which license to abandon pursuant to subsection (d)
of Section 15-36 of this Act, and notify the Department in

10100HB0122sam001 - 36 - LRB101 02888 SPS 74911 a
writing within 5 business days. If the qualifying applicant
or licensees do not notify the Department as required, the
Department shall refuse to issue to the qualifying
applicant all available licenses established under this
Section obtained by lot in all BLS Regions.
(5) All available licenses that have been abandoned
shall be distributed to the next qualifying applicant drawn
by lot.
(410 ILCS 705/15-40)
Sec. 15-40. Dispensing organization agent identification
card; agent training.
(a) The Department shall:
(1) verify the information contained in an application
or renewal for a dispensing organization agent
identification card submitted under this Article, and
approve or deny an application or renewal, within 30 days
of receiving a completed application or renewal
application and all supporting documentation required by
rule;
(2) issue a dispensing organization agent
identification card to a qualifying agent within 15
business days of approving the application or renewal;
(3) enter the registry identification number of the
dispensing organization where the agent works;
(4) within one year from the effective date of this

10100HB0122sam001 - 37 - LRB101 02888 SPS 74911 a
Act, allow for an electronic application process and
provide a confirmation by electronic or other methods that
an application has been submitted; and
(5) collect a $100 nonrefundable fee from the applicant
to be deposited into the Cannabis Regulation Fund.
(b) A dispensing organization agent must keep his or her
identification card visible at all times when in the
dispensary.
(c) The dispensing organization agent identification cards
shall contain the following:
(1) the name of the cardholder;
(2) the date of issuance and expiration date of the
dispensing organization agent identification cards;
(3) a random 10-digit alphanumeric identification
number containing at least 4 numbers and at least 4 letters
that is unique to the cardholder; and
(4) a photograph of the cardholder.
(d) The dispensing organization agent identification cards
shall be immediately returned to the dispensing organization
upon termination of employment.
(e) The Department shall not issue an agent identification
card if the applicant is delinquent in filing any required tax
returns or paying any amounts owed to the State of Illinois.
(f) Any card lost by a dispensing organization agent shall
be reported to the Department of State Police and the
Department immediately upon discovery of the loss.

10100HB0122sam001 - 38 - LRB101 02888 SPS 74911 a
(g) An applicant shall be denied a dispensing organization
agent identification card renewal if he or she fails to
complete the training provided for in this Section.
(h) A dispensing organization agent shall only be required
to hold one card for the same employer regardless of what type
of dispensing organization license the employer holds.
(i) Cannabis retail sales training requirements.
(1) Within 90 days of September 1, 2019, or 90 days of
employment, whichever is later, all owners, managers,
employees, and agents involved in the handling or sale of
cannabis or cannabis-infused product employed by an adult
use dispensing organization or medical cannabis dispensing
organization as defined in Section 10 of the Compassionate
Use of Medical Cannabis Program Act shall attend and
successfully complete a Responsible Vendor Program.
(2) Each owner, manager, employee, and agent of an
adult use dispensing organization or medical cannabis
dispensing organization shall successfully complete the
program annually.
(3) Responsible Vendor Program Training modules shall
include at least 2 hours of instruction time approved by
the Department including:
(i) Health and safety concerns of cannabis use,
including the responsible use of cannabis, its
physical effects, onset of physiological effects,
recognizing signs of impairment, and appropriate

10100HB0122sam001 - 39 - LRB101 02888 SPS 74911 a
responses in the event of overconsumption.
(ii) Training on laws and regulations on driving
while under the influence and operating a watercraft or
snowmobile while under the influence.
(iii) Sales to minors prohibition. Training shall
cover all relevant Illinois laws and rules.
(iv) Quantity limitations on sales to purchasers.
Training shall cover all relevant Illinois laws and
rules.
(v) Acceptable forms of identification. Training
shall include:
(I) How to check identification; and
(II) Common mistakes made in verification;
(vi) Safe storage of cannabis;
(vii) Compliance with all inventory tracking
system regulations;
(viii) Waste handling, management, and disposal;
(ix) Health and safety standards;
(x) Maintenance of records;
(xi) Security and surveillance requirements;
(xii) Permitting inspections by State and local
licensing and enforcement authorities;
(xiii) Privacy issues;
(xiv) Packaging and labeling requirement for sales
to purchasers; and
(xv) Other areas as determined by rule.

10100HB0122sam001 - 40 - LRB101 02888 SPS 74911 a
(j) Blank.
(k) Upon the successful completion of the Responsible
Vendor Program, the provider shall deliver proof of completion
either through mail or electronic communication to the
dispensing organization, which shall retain a copy of the
certificate.
(l) The license of a dispensing organization or medical
cannabis dispensing organization whose owners, managers,
employees, or agents fail to comply with this Section may be
suspended or permanently revoked under Section 15-145 or may
face other disciplinary action.
(m) The regulation of dispensing organization and medical
cannabis dispensing employer and employee training is an
exclusive function of the State, and regulation by a unit of
local government, including a home rule unit, is prohibited.
This subsection (m) is a denial and limitation of home rule
powers and functions under subsection (h) of Section 6 of
Article VII of the Illinois Constitution.
(n) Persons seeking Department approval to offer the
training required by paragraph (3) of subsection (i) may apply
for such approval between August 1 and August 15 of each
odd-numbered year in a manner prescribed by the Department.
(o) Persons seeking Department approval to offer the
training required by paragraph (3) of subsection (i) shall
submit a nonrefundable application fee of $2,000 to be
deposited into the Cannabis Regulation Fund or a fee as may be

10100HB0122sam001 - 41 - LRB101 02888 SPS 74911 a
set by rule. Any changes made to the training module shall be
approved by the Department.
(p) The Department shall not unreasonably deny approval of
a training module that meets all the requirements of paragraph
(3) of subsection (i). A denial of approval shall include a
detailed description of the reasons for the denial.
(q) Any person approved to provide the training required by
paragraph (3) of subsection (i) shall submit an application for
re-approval between August 1 and August 15 of each odd-numbered
year and include a nonrefundable application fee of $2,000 to
be deposited into the Cannabis Regulation Fund or a fee as may
be set by rule.
(r) All persons applying to become or renewing their
registrations to be agents, including agents-in-charge and
principal officers, shall disclose any disciplinary action
taken against them that may have occurred in Illinois, another
state, or another country in relation to their employment at a
cannabis business establishment or at any cannabis cultivation
center, processor, infuser, dispensary, or other cannabis
business establishment.
(s) An agent may begin employment at a dispensing
organization while the agent's identification card application
is pending. Upon approval, the Department shall issue the
agent's identification card to the dispensing organization
agent applicant. If denied, the dispensing organization and the
applicant shall be notified and the applicant must cease all

10100HB0122sam001 - 42 - LRB101 02888 SPS 74911 a
activity at the dispensing organization immediately.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
(410 ILCS 705/20-35)
Sec. 20-35. Cultivation center agent identification card.
(a) The Department of Agriculture shall:
(1) establish by rule the information required in an
initial application or renewal application for an agent
identification card submitted under this Act and the
nonrefundable fee to accompany the initial application or
renewal application;
(2) verify the information contained in an initial
application or renewal application for an agent
identification card submitted under this Act, and approve
or deny an application within 30 days of receiving a
completed initial application or renewal application and
all supporting documentation required by rule;
(3) issue an agent identification card to a qualifying
agent within 15 business days of approving the initial
application or renewal application;
(4) enter the license number of the cultivation center
where the agent works; and
(5) allow for an electronic initial application and
renewal application process, and provide a confirmation by
electronic or other methods that an application has been
submitted. The Department of Agriculture may by rule

10100HB0122sam001 - 43 - LRB101 02888 SPS 74911 a
require prospective agents to file their applications by
electronic means and provide notices to the agents by
electronic means.
(b) An agent must keep his or her identification card
visible at all times when on the property of the cultivation
center at which the agent is employed.
(c) The agent identification cards shall contain the
following:
(1) the name of the cardholder;
(2) the date of issuance and expiration date of the
identification card;
(3) a random 10-digit alphanumeric identification
number containing at least 4 numbers and at least 4 letters
that is unique to the holder;
(4) a photograph of the cardholder; and
(5) the legal name of the cultivation center employing
the agent.
(d) An agent identification card shall be immediately
returned to the cultivation center of the agent upon
termination of his or her employment.
(e) Any agent identification card lost by a cultivation
center agent shall be reported to the Department of State
Police and the Department of Agriculture immediately upon
discovery of the loss.
(f) The Department of Agriculture shall not issue an agent
identification card if the applicant is delinquent in filing

10100HB0122sam001 - 44 - LRB101 02888 SPS 74911 a
any required tax returns or paying any amounts owed to the
State of Illinois.
(g) An agent may begin employment at a cultivation center
while the agent's identification card application is pending.
Upon approval, the Department shall issue the agent's
identification card to the cultivation center agent applicant.
If denied, the cultivation center and the applicant shall be
notified and the applicant must cease all activity at the
cultivation center immediately.
(Source: P.A. 101-27, eff. 6-25-19.)
(410 ILCS 705/25-35)
(Section scheduled to be repealed on July 1, 2026)
Sec. 25-35. Community College Cannabis Vocational Training
Pilot Program faculty participant agent identification card.
(a) The Department shall:
(1) establish by rule the information required in an
initial application or renewal application for an agent
identification card submitted under this Article and the
nonrefundable fee to accompany the initial application or
renewal application;
(2) verify the information contained in an initial
application or renewal application for an agent
identification card submitted under this Article, and
approve or deny an application within 30 days of receiving
a completed initial application or renewal application and

10100HB0122sam001 - 45 - LRB101 02888 SPS 74911 a
all supporting documentation required by rule;
(3) issue an agent identification card to a qualifying
agent within 15 business days of approving the initial
application or renewal application;
(4) enter the license number of the community college
where the agent works; and
(5) allow for an electronic initial application and
renewal application process, and provide a confirmation by
electronic or other methods that an application has been
submitted. Each Department may by rule require prospective
agents to file their applications by electronic means and
to provide notices to the agents by electronic means.
(b) An agent must keep his or her identification card
visible at all times when in the enclosed, locked facility, or
facilities for which he or she is an agent.
(c) The agent identification cards shall contain the
following:
(1) the name of the cardholder;
(2) the date of issuance and expiration date of the
identification card;
(3) a random 10-digit alphanumeric identification
number containing at least 4 numbers and at least 4 letters
that is unique to the holder;
(4) a photograph of the cardholder; and
(5) the legal name of the community college employing
the agent.

10100HB0122sam001 - 46 - LRB101 02888 SPS 74911 a
(d) An agent identification card shall be immediately
returned to the community college of the agent upon termination
of his or her employment.
(e) Any agent identification card lost shall be reported to
the Department of State Police and the Department of
Agriculture immediately upon discovery of the loss.
(f) An agent may begin employment at a Community College
Cannabis Vocational Training Pilot Program while the agent's
identification card application is pending. Upon approval, the
Department shall issue the agent's identification card to the
Community College Cannabis Vocational Training Pilot Program
participant agent applicant. If denied, the Community College
Cannabis Vocational Training Pilot Program and the participant
applicant shall be notified and the applicant must cease all
activity at the cultivation center immediately.
(Source: P.A. 101-27, eff. 6-25-19.)
(410 ILCS 705/30-35)
Sec. 30-35. Craft grower agent identification card.
(a) The Department of Agriculture shall:
(1) establish by rule the information required in an
initial application or renewal application for an agent
identification card submitted under this Act and the
nonrefundable fee to accompany the initial application or
renewal application;
(2) verify the information contained in an initial

10100HB0122sam001 - 47 - LRB101 02888 SPS 74911 a
application or renewal application for an agent
identification card submitted under this Act and approve or
deny an application within 30 days of receiving a completed
initial application or renewal application and all
supporting documentation required by rule;
(3) issue an agent identification card to a qualifying
agent within 15 business days of approving the initial
application or renewal application;
(4) enter the license number of the craft grower where
the agent works; and
(5) allow for an electronic initial application and
renewal application process, and provide a confirmation by
electronic or other methods that an application has been
submitted. The Department of Agriculture may by rule
require prospective agents to file their applications by
electronic means and provide notices to the agents by
electronic means.
(b) An agent must keep his or her identification card
visible at all times when on the property of a cannabis
business establishment, including the craft grower
organization for which he or she is an agent.
(c) The agent identification cards shall contain the
following:
(1) the name of the cardholder;
(2) the date of issuance and expiration date of the
identification card;

10100HB0122sam001 - 48 - LRB101 02888 SPS 74911 a
(3) a random 10-digit alphanumeric identification
number containing at least 4 numbers and at least 4 letters
that is unique to the holder;
(4) a photograph of the cardholder; and
(5) the legal name of the craft grower organization
employing the agent.
(d) An agent identification card shall be immediately
returned to the cannabis business establishment of the agent
upon termination of his or her employment.
(e) Any agent identification card lost by a craft grower
agent shall be reported to the Department of State Police and
the Department of Agriculture immediately upon discovery of the
loss.
(f) An agent may begin employment at a craft grower
organization while the agent's identification card application
is pending. Upon approval, the Department shall issue the
agent's identification card to the craft grower organization
agent applicant. If denied, the craft grower organization and
the applicant shall be notified and the applicant must cease
all activity at the craft grower organization immediately.
(Source: P.A. 101-27, eff. 6-25-19.)
(410 ILCS 705/35-30)
Sec. 35-30. Infuser agent identification card.
(a) The Department of Agriculture shall:
(1) establish by rule the information required in an

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initial application or renewal application for an agent
identification card submitted under this Act and the
nonrefundable fee to accompany the initial application or
renewal application;
(2) verify the information contained in an initial
application or renewal application for an agent
identification card submitted under this Act, and approve
or deny an application within 30 days of receiving a
completed initial application or renewal application and
all supporting documentation required by rule;
(3) issue an agent identification card to a qualifying
agent within 15 business days of approving the initial
application or renewal application;
(4) enter the license number of the infuser where the
agent works; and
(5) allow for an electronic initial application and
renewal application process, and provide a confirmation by
electronic or other methods that an application has been
submitted. The Department of Agriculture may by rule
require prospective agents to file their applications by
electronic means and provide notices to the agents by
electronic means.
(b) An agent must keep his or her identification card
visible at all times when on the property of a cannabis
business establishment including the cannabis business
establishment for which he or she is an agent.

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(c) The agent identification cards shall contain the
following:
(1) the name of the cardholder;
(2) the date of issuance and expiration date of the
identification card;
(3) a random 10-digit alphanumeric identification
number containing at least 4 numbers and at least 4 letters
that is unique to the holder;
(4) a photograph of the cardholder; and
(5) the legal name of the infuser organization
employing the agent.
(d) An agent identification card shall be immediately
returned to the infuser organization of the agent upon
termination of his or her employment.
(e) Any agent identification card lost by a transporting
agent shall be reported to the Department of State Police and
the Department of Agriculture immediately upon discovery of the
loss.
(f) An agent may begin employment at an infuser
organization while the agent's identification card application
is pending. Upon approval, the Department shall issue the
agent's identification card to the infuser organization agent
applicant. If denied, the infuser organization and the
applicant shall be notified and the applicant must cease all
activity at the infuser organization immediately.
(Source: P.A. 101-27, eff. 6-25-19.)

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(410 ILCS 705/40-30)
Sec. 40-30. Transporting agent identification card.
(a) The Department of Agriculture shall:
(1) establish by rule the information required in an
initial application or renewal application for an agent
identification card submitted under this Act and the
nonrefundable fee to accompany the initial application or
renewal application;
(2) verify the information contained in an initial
application or renewal application for an agent
identification card submitted under this Act and approve or
deny an application within 30 days of receiving a completed
initial application or renewal application and all
supporting documentation required by rule;
(3) issue an agent identification card to a qualifying
agent within 15 business days of approving the initial
application or renewal application;
(4) enter the license number of the transporting
organization where the agent works; and
(5) allow for an electronic initial application and
renewal application process, and provide a confirmation by
electronic or other methods that an application has been
submitted. The Department of Agriculture may by rule
require prospective agents to file their applications by
electronic means and provide notices to the agents by

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electronic means.
(b) An agent must keep his or her identification card
visible at all times when on the property of a cannabis
business establishment, including the cannabis business
establishment for which he or she is an agent.
(c) The agent identification cards shall contain the
following:
(1) the name of the cardholder;
(2) the date of issuance and expiration date of th e
identification card;
(3) a random 10-digit alphanumeric identification number
containing at least 4 numbers and at least 4 letters that
is unique to the holder;
(4) a photograph of the cardholder; and
(5) the legal name of the transporting organization
employing the agent.
(d) An agent identification card shall be immediately
returned to the transporting organization of the agent upon
termination of his or her employment.
(e) Any agent identification card lost by a transporting
agent shall be reported to the Department of State Police and
the Department of Agriculture immediately upon discovery of the
loss.
(f) An application for an agent identification card shall
be denied if the applicant is delinquent in filing any required
tax returns or paying any amounts owed to the State of

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Illinois.
(g) An agent may begin employment at a transporting
organization while the agent's identification card application
is pending. Upon approval, the Department shall issue the
agent's identification card to the transporting agent
applicant. If denied, the transporting organization and the
applicant shall be notified and the applicant must cease all
activity at the transporting organization immediately.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
(410 ILCS 705/55-21)
Sec. 55-21. Cannabis product packaging and labeling.
(a) Each cannabis product produced for sale shall be
registered with the Department of Agriculture on forms provided
by the Department of Agriculture. Each product registration
shall include a label and the required registration fee at the
rate established by the Department of Agriculture for a
comparable medical cannabis product, or as established by rule.
The registration fee is for the name of the product offered for
sale and one fee shall be sufficient for all package sizes.
(b) All harvested cannabis intended for distribution to a
cannabis enterprise must be packaged in a sealed, labeled
container.
(c) At point of sale, any Any product containing cannabis
shall be packaged in a sealed or resealable, odor-proof, and
child-resistant cannabis container consistent with current

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standards, including the Consumer Product Safety Commission
standards referenced by the Poison Prevention Act.
(d) All cannabis-infused products shall be individually
wrapped or packaged at the original point of preparation. The
packaging of the cannabis-infused product shall conform to the
labeling requirements of the Illinois Food, Drug and Cosmetic
Act, in addition to the other requirements set forth in this
Section.
(e) Each cannabis product shall be labeled before sale and
each label shall be securely affixed to the package and shall
state in legible English and any languages required by the
Department of Agriculture:
(1) the name and post office box of the registered
cultivation center or craft grower where the item was
manufactured;
(2) the common or usual name of the item and the
registered name of the cannabis product that was registered
with the Department of Agriculture under subsection (a);
(3) a unique serial number that will match the product
with a cultivation center or craft grower batch and lot
number to facilitate any warnings or recalls the Department
of Agriculture, cultivation center, or craft grower deems
appropriate;
(4) the date of final testing and packaging, if
sampled, and the identification of the independent testing
laboratory;

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(5) the date of harvest and "use by" date;
(6) the quantity (in ounces or grams) of cannabis
contained in the product;
(7) a pass/fail rating based on the laboratory's
microbiological, mycotoxins, and pesticide and solvent
residue analyses, if sampled;
(8) content list.
(A) A list of the following, including the minimum
and maximum percentage content by weight for
subdivisions (e)(8)(A)(i) through (iv):
(i) delta-9-tetrahydrocannabinol (THC);
(ii) tetrahydrocannabinolic acid (THCA);
(iii) cannabidiol (CBD);
(iv) cannabidiolic acid (CBDA); and
(v) all other ingredients of the item,
including any colors, artificial flavors, and
preservatives, listed in descending order by
predominance of weight shown with common or usual
names.
(B) The acceptable tolerances for the minimum
percentage printed on the label for any of subdivisions
(e)(8)(A)(i) through (iv) shall not be below 85% or
above 115% of the labeled amount.
(f) Packaging must not contain information that:
(1) is false or misleading;
(2) promotes excessive consumption;

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(3) depicts a person under 21 years of age consuming
cannabis;
(4) includes the image of a cannabis leaf;
(5) includes any image designed or likely to appeal to
minors, including cartoons, toys, animals, or children, or
any other likeness to images, characters, or phrases that
are popularly used to advertise to children, or any
packaging or labeling that bears reasonable resemblance to
any product available for consumption as a commercially
available candy, or that promotes consumption of cannabis;
(6) contains any seal, flag, crest, coat of arms, or
other insignia likely to mislead the purchaser to believe
that the product has been endorsed, made, or used by the
State of Illinois or any of its representatives except
where authorized by this Act.
(g) Cannabis products produced by concentrating or
extracting ingredients from the cannabis plant shall contain
the following information, where applicable:
(1) If solvents were used to create the concentrate or
extract, a statement that discloses the type of extraction
method, including any solvents or gases used to create the
concentrate or extract; and
(2) Any other chemicals or compounds used to produce or
were added to the concentrate or extract.
(h) All cannabis products must contain warning statements
established for purchasers, of a size that is legible and

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readily visible to a consumer inspecting a package, which may
not be covered or obscured in any way. The Department of Public
Health shall define and update appropriate health warnings for
packages including specific labeling or warning requirements
for specific cannabis products.
(i) Unless modified by rule to strengthen or respond to new
evidence and science, the following warnings shall apply to all
cannabis products unless modified by rule: "This product
contains cannabis and is intended for use by adults 21 and
over. Its use can impair cognition and may be habit forming.
This product should not be used by pregnant or breastfeeding
women. It is unlawful to sell or provide this item to any
individual, and it may not be transported outside the State of
Illinois. It is illegal to operate a motor vehicle while under
the influence of cannabis. Possession or use of this product
may carry significant legal penalties in some jurisdictions and
under federal law.".
(j) Warnings for each of the following product types must
be present on labels when offered for sale to a purchaser:
(1) Cannabis that may be smoked must contain a
statement that "Smoking is hazardous to your health.".
(2) Cannabis-infused products (other than those
intended for topical application) must contain a statement
"CAUTION: This product contains cannabis, and intoxication
following use may be delayed 2 or more hours. This product
was produced in a facility that cultivates cannabis, and

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that may also process common food allergens.".
(3) Cannabis-infused products intended for topical
application must contain a statement "DO NOT EAT" in bold,
capital letters.
(k) Each cannabis-infused product intended for consumption
must be individually packaged, must include the total milligram
content of THC and CBD, and may not include more than a total
of 100 milligrams of THC per package. A package may contain
multiple servings of 10 milligrams of THC, indicated by
scoring, wrapping, or by other indicators designating
individual serving sizes. The Department of Agriculture may
change the total amount of THC allowed for each package, or the
total amount of THC allowed for each serving size, by rule.
(l) No individual other than the purchaser may alter or
destroy any labeling affixed to the primary packaging of
cannabis or cannabis-infused products.
(m) For each commercial weighing and measuring device used
at a facility, the cultivation center or craft grower must:
(1) Ensure that the commercial device is licensed under
the Weights and Measures Act and the associated
administrative rules (8 Ill. Adm. Code 600);
(2) Maintain documentation of the licensure of the
commercial device; and
(3) Provide a copy of the license of the commercial
device to the Department of Agriculture for review upon
request.

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(n) It is the responsibility of the Department to ensure
that packaging and labeling requirements, including product
warnings, are enforced at all times for products provided to
purchasers. Product registration requirements and container
requirements may be modified by rule by the Department of
Agriculture.
(o) Labeling, including warning labels, may be modified by
rule by the Department of Agriculture.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
Section 15. The Illinois Vehicle Code is amended by
changing Sections 11-502.1 and 11-502.15 as follows:
(625 ILCS 5/11-502.1)
Sec. 11-502.1. Possession of medical cannabis in a motor
vehicle.
(a) No driver, who is a medical cannabis cardholder, may
use medical cannabis within the passenger area of any motor
vehicle upon a highway in this State.
(b) No driver, who is a medical cannabis cardholder, a
medical cannabis designated caregiver, medical cannabis
cultivation center agent, or dispensing organization agent may
possess medical cannabis within any area of any motor vehicle
upon a highway in this State except in a secured, sealed or
resealable, odor-proof, and child-resistant medical cannabis
container that is inaccessible.

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(c) No passenger, who is a medical cannabis card holder, a
medical cannabis designated caregiver, or medical cannabis
dispensing organization agent may possess medical cannabis
within any passenger area of any motor vehicle upon a highway
in this State except in a secured, sealed or resealable,
odor-proof, and child-resistant medical cannabis container
that is inaccessible.
(d) Any person who violates subsections (a) through (c) of
this Section:
(1) commits a Class A misdemeanor;
(2) shall be subject to revocation of his or her
medical cannabis card for a period of 2 years from the end
of the sentence imposed; and
(3) (4) shall be subject to revocation of his or her
status as a medical cannabis caregiver, medical cannabis
cultivation center agent, or medical cannabis dispensing
organization agent for a period of 2 years from the end of
the sentence imposed.
(Source: P.A. 101-27, eff. 6-25-19; revised 8-6-19.)
(625 ILCS 5/11-502.15)
Sec. 11-502.15. Possession of adult use cannabis in a motor
vehicle.
(a) No driver may use cannabis within the passenger area of
any motor vehicle upon a highway in this State.
(b) No driver may possess cannabis within any area of any

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motor vehicle upon a highway in this State except in a secured,
sealed or resealable, odor-proof, child-resistant cannabis
container that is inaccessible.
(c) No passenger may possess cannabis within any passenger
area of any motor vehicle upon a highway in this State except
in a secured, sealed or resealable, odor-proof,
child-resistant cannabis container that is inaccessible.
(d) Any person who knowingly violates subsection (a), (b),
or (c) of this Section commits a Class A misdemeanor.
(Source: P.A. 101-27, eff. 6-25-19.)
Section 97. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
Section 99. Effective date. This Act takes effect upon
becoming law.".